iiaroljall Iquttg (toUcrttott (gift of 1. ai. iiaroljaU. 21.21. 1. 1394 CORNELL UNIVERSITY LIBRARY 924 084 250 640 /7 . Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924084250640 <^rtyict\iPii, ^o^nl^'^^^ Hit to S^&ax^o oG^ m yW"" |Tt>«6 in Hsto ft- n carefully exa- mined, are some of the most valuable materials for the study of our language and history. There is preserved an ancient copy of the Felire Aengma, the Martyrology of Aengus, CHle DS, who composed, as Dr. O'Curry tells us, the original of this extraordinary work partly at Tallaght, in the county of Dublin, and partly at Cluain Eidhnech, in the Queen's County; the "F^stology of Cathal M'Guire," a copy or fragment of the " I^iber Hymnorum," and several important MSS. relating to Irish history, copies of which cannot be elsewhere found- A codex of St. Paul's Episties is preserved in the library of the University of Wiirziburg. The Codex formerly belonging to the Irish Monastery of Reichenau, is preserved at Carlsruhe. At Oambray will be foimd the Code? containing the Canons of the Irish Council held in 684;(a) — ^I think there is a vellum copy of the "Book of Munster" in the College of St. Isidore; and Dr. Reeves observes, that it is probable that the libraries of the Swiss towns and monasteries still preserve many books written by Irish monks, the peculiarity of whose foreign character and northern origin has remained hitherto unnoticed. A MS. Antiphonary, or Book of Anthems, compiled for the use of the Abbey of Bangor, in Ulster,, was, at a very remote period, conveyed to the monastery of Bobio, in the Apen- nines ; it was there preserved, among other treasures of Irish history, until the seventeenth century, when it was removed to a more accessible depository, in Milan, by Cardinal Boro- meo, when he founded the Ambrosian Library. An inestim- able Irish ritual was discovered on the Continent by John Grace, of Nenagh, which was supposed to have belonged to the Irish monastery of Ratisbon, and that it had been s^nt thither in 1130 by Turlogh O'Brien; it was the gem of the Stowe collection, and has now passed into Lord Ashburn- (a) O'Cimy. XVI PREFACE. ham's hands. Through the interference of our country- man, Burke, the Seabright manuscripts were sent to Trinity College. He considered he had thus restored them to Ire- land, but the boon has hitherto proved fruitless. These venerable national documents have been transferred "from the gloom of the convent to the tomb of the Capulets." They slumber undisturbed on the shelves of our College. Need I speak of the records, the Down Survey and the Book of Lecan, which were carried to France by James II. ; the latter found its way into the Irish College, where it re- mained until the year 1787, when it was restored by Dr. Kelly, President of the College, and deposited in the library of the Irish Academy. The Book of Ballimote, also said to have been brought from Paris, was presented to the same library. It was purchased in 1552 by Hugh O'DonneU from M'Donnogh, of Corran, for 140 milch cows. The Deputy- Keeper of the Rolls some time since applied to the proper authorities for the restoration of the Down Survey, with the intention of depositing it amongst our records, but without success. There is hardly a collection of manuscripts on the covers of which there may not be discovered fragments of Irish writ- ings ; and these might, on examination, still afford many valu- able contributions both to the history and ancient language of Ireland. How many of our ancient writings, in common with numerous productions of classic Rome, have been converted into palimpsests? It happened, of course, that the most voluminous authors were the greatest sufferers ; these being naturally preferred as furnishing the most abundant mate- rials. As a matter of individual pride — indeed as a matter of intellectual enjoyment — could there be any thing more inter- esting to a cultivated mind than to collect the scattered frag- ments illustrative of the history of one's country which lie mouldering on the shelves of remote monasteries ? Why is the wandering Irishman deterred from following in the foot- steps of his countrymen, and restoring to light those precious PREFAdE. XVll relics of which he should be justly proud ? His research would be amply repaid by countless monuments of the piety and devotion of our primitive Christian forefethers which he would find, unnoticed and neglected, in Switzerland, Prance, apd Belgium; for it is stated that almost every Continental library of importance possesses memorials of Irish missiona- ries : and annotations in the vernacular, racy of the soil, have been found, copiously illustrating many a doubtful text, adorned with fanciful illuminations and figures, equipped in the appropriate costume of the country, leaving little doubt of the national characteristics or identity of the artist. To' possess an easy mode of reference to the archives of a kingdom, which the public records are, must always be of an importance, only second to that of keeping the archives them- selves secure. Yet, strange to say, it was not until the begin- ning of the present century that the Government became aware of the necessity of doing the one or the other. The carelessness which has always been exhibited in regard to the custody of the public records, is a matter of universal com- plaint: the hostile inroads of the Irish on the English of the Pale, as well as accidental fires, contributed to destroy a con- siderable portion of our most valuable and interesting records. So great was the loss from these causes, that in the reign of Henry VII. it was found necessary to pass an Act by the Parhament of the Pale, to confirm the rights to property of which the records had been accidentally or wilfully destroyed. But how little now-a-days is known of this well-remem- bered Pale, so often mentioned in these volumes; of this once remarkable portion of Ireland, to which, for centuries, the English rule and government were confined, outside which the English law did not prevail, but the Brehon law was administered with impunity ; and of the conflicts of its inhabitants with " the mere Irish ;" of its triumphs, and final absorption by the gradual reduction of the country ! It was a name applied to those settlements within which the English laws and authority prevailed ; and the designation appears to have been adopted for the first time about the beginning of the thirteenth century. b XVUl I'BEFACE. The district was originally called the " English lande»" ■coniprehending the counties of Meath, Louth, Dublin, and Kildare, to distinguish it from the surrounding territories • which were possessed by the " mere Irish." Campion tells us, " An old distinction there is of Ireland into Irish and English Pales, for when the Irish had raised continual tumults against the English planted here with the Conquest, at last they coursed them into a narrow circuit of certain shires inLeinster, which the English did choose as the fattest soil, most defen- sible, their proper right, and most open to receive help from England » hereupon it was termed the Pale, as whereout they dm'st not peep ; but now both within this Pale uncivil Irish and some rebels do dwell, and without it contries and cities English are well governed;" The laws and customs which from time immemorial had 'prevailed amongst the Irish, were, as might have been ' expected, entirely ignored by the settlers in the Pale, who brought with them their own system of jurisprudence. Though at first content to confine to themselves the operation of their own political system, the English, according as the sphere of their domain was extended in the island, endea- ^oured-to introduce, to the extinction of all others, the laws and usages which alone they recognised. Nor was this policy surprising, although in some respects its success was unexam- pled. The conquest was a progressive one : no great blow was struck which, in the lapse of a century or two, might be forgotten. For four hundred years a series of petty wars prevailed, by which the natives were despoiled, .and each ' special feature by which they were characterized was in turn extinguished. Thus were the settlers enabled completely to extinguish "the laws and customs of the natives. The Brehon laws and other Irish customs dividing the people into different septs or clans, composed of people possessing the same simame, the laws governing the tenure of land and regulating the administration of justice, all gradually disappeared ; nor have they, under any form, been ever amalgamated with the pre- sent system of jurisprudence. The different feelings with which the native Irish were re- PBEFACE. WX garded by the descendants of the first settlers, and the fresh leyies which, year after year, poured over from England, are fully shown by the records of contemporaneous history. The descendants of the original colonists, the De Burgos and the Geraldines, by intercourse and intermarriage with the Irish,-, learned to regard them .with friendly eyes, and became, in the language of the adventurers, more Irish than the Irish them- selves. This tended to engender that animosity from genera- tion to generation which for a long period insvired the' dis- tra,ction of the country. The history of the Anglo-Irish under circumstances such as these may be r^dily conjectured. The Viceroys of Ire- land at that period differed from their successors of the " present day. They were principally able and experienced" genetals, whose martial ardour and enterprise were still fur^ ther whetted by the prospect of receiving large grants out of the territorial possessions from which they would succeed in ejecting the Irish occupants. There can be httle doubt but that the English rule for many centuries in Ireland was confined to the Pale ; and Baily ob- serves that it was " that part wherein the English formerly lived apart from the Irish." From its institution the defence and preservation of its marches or borders have been objects of paramount importance to the English in Ireland. The earUest notice I find of the Pale is in the Black Book of Christ Church, Dubhn, where are necorded the proceedings of a Par- liament or Convention held by Sir John Wogari, Lord Justice, in 1295, where we find the following act or ordinance : " Certain magnates and others who have lands in the Marches near the Irish, and other possessions in the land of peace, absent themselves, and stay away in thdir manors in the land of peace, leaving their .lands in the Marches waste uncultivated, and unprotected ; and the Irish marauders, pass- ing through the midst of the waste lands in the Marches, un- inteirruptedly cross over to perpetrate robberies, homicides and other evils, upon the English, and return without arrest annoyance, or impediment; wherefore, very many of the Marches are either whoUy destroyed, or are, for the most h2 XX PREFACE. part, ruined ; and the English inhabitants either obey those marauders, or are driven into exile ; it is, therefore, deter- mined, that all such tenants, of whatever rank or condition, shall place guards on their lands in the Marches according to the quantity of their lands, that marauders shall not pass through those lands unpunished, or with impunity." W In the year 1278 the Irish inhabitants of the Pale made an application to De Ufford, the Chief Governor, accompanied with a conditional offer of 8,000 marks to the king, demand- ing a grant of the free enjoyment of the laws of England. Edward, in his answer, acceded to this proposal, provided it would meet with the general assent of the commons, prelates, and nobles of the Pale ; and provided also the Irish would send him a body of good and stout foot soldiers, for one occasion, upon the first summons. Whether Edward was sincere and in ear- nest about this boon, or utterly careless about it, or had already received an intimation that the project was impossible or inex- pedient at this juncture, does not seem clear. It is likely the measure sought for, so beneficial to both England and Ireland, was too high to be attained by the royal will and power alone without the concert of the parliament and people of England. It is asserted, and is probable, that this measure was fatally counteracted by those who should have been foremost in the prosecution of it. Two years after, the same application was clamourously renewed ; the king, still requiring a condition which he knew to be impossible, namely, the fi-ee consent of the lords, prelates, and commons of the Pale, ordered a meeting of them to be held, notwithstanding the absence or minority of the members above-mentioned. However, no such measure was subsequently put in force, even if it were en- acted ; as the charters of denization granted to the natives remaining on the rolls abundantly testify.' Even in the centre of the Pale, the power and authority of the English had much diminished in Ireland. In the reign of Edward III. the estates of the Archbishop of Dublin were such that he was probably the richest prelate in the British Isles; but in that of Edward IV., the records teem with repre- (») Translated from the original. PREFACE. • XXJ sentations of their deplorable decay, from the encroachments of the Irish of the mountains ; and we find two Acts of the 8° Edward IV. granting money to build walls round the border towns of Naas and Kells, to secure them against the Irish. In the year 1422, James of Desmond brought five thousand horse and foot (as stated in the King's Commission), out', of Munster against O'Connor and Bermingham, who, with their forces, were ravaging the Pale, in consideration of which he was afterw3,rds, re90gnised as Earl, which title he had assumed on the, occasion of the flight of Earl Thomas, his nephew, who was expelled from his estates, and " made to surrender the Earldom," for having married the beautiful Catherine M'Cor- mick, daughter of one of his tenants at the Abbey of Feale. In the reign of Edward III. there were nine Irish pala- tinates: Carlow, Wexford, Kilkenny, Kildare, Leix (the portion of the five coheiresses of the family of the Earl Marshal), Meath, Ulster, Desmond, and Ormond. The abso- lute,;lo|rds of , these palatines, says Sir John Davis, "made barons andinights, exercised high justice in all points within their ter^i^itories, erected courts for civil and criminal causes, for their own revenue^, in^the same form in which the king's courts were established at DubUn; they constituted their own judges, seneschals, sheriffs, coroners, and eschaetors." The king's writ did not nm in those counties, which com- prised at least two-thirds of the English colony, but ran only in the church lands, called the Crosses, wherein the sheriff was nominated by the king. Desmond held a parliament at Kil- kenny at the very time the Lord Lieutenant convened another at Dublin ; and, subsequently, when De Ufford, intrusted with the administration, summoned Desmond to attend a parliament at Kilkenny, he treated the summons with contempt, and called one of his own at Callan, upon which the Lord Deputy pro- claimed it treason to attend such unlawful assembly. In a discourse entitled "Pan.darus sive salus pojndh' in the reign of ^Edw;ard III., no less than sixty regions of various dimensions , are; enumerated, _ governed by Irish chieftains after, their j ancient laws and customs, with a catalogue of a barbarized aUen English. The Pale is described as confened XXU PREFACE. within the boimds of half the counties of Uriel (Louth), Meath, Kildare, Dublin, and Wexford ; and even there th^ people are represented as conforming to the Irish customs, habit, and language ; and the grievances of the Pale itself from ■ sppressive exactions, unnatural feuds, expeditions undertaken by Deputies, and from laws enacted arid subsidies raised through their parliaments, tended to the ruin of the people without advantage to the state." Various penal laws against the native Irish were passed in the parliaments of the Pale, particularly the Statute of Kil- kenny in the year 1367, which prohibited, under penalty of high treason, any intermarriage, fosterage, or similar inter- course between the families of English descent and the native Irish ; and enacted that any person of English race speaking the Irish language, or adopting the Irish name, dress, customs, or manners, ghojild forfeit all his goods, lands, and tenements. On the Memoranda Roll of the Exchequer of the twenty- fifth and twenty-sixth years of the reign of Edward III. is the following ordinance : — " It is ordained that all those who have lands in the Marches and are resident in the land of peace, shall make their residence in their lands in the Marches, or shall put other sufficient persons in their place, in maintenance and aid of the Marches ; atid whosoever do not do so, their lands, shall be taken by the king's ministers, and expended on the March, for the safeguard thereof, according to the i[uantity of the land." On the 25th August, 1464, the king, by letters patent, granted to the Earl of Desmond an annuity chargeable on the principal seignories belonging to the Crown within the Pale, and the grant was confirmed by parliament.(a) In the year 1364, the King's Bench and its records were removed to Dublin,© and it appears by the Close Roll 1° Richard II., 1377, that the officers of the Exchequer, peti- tioned the Duke of Clarence, in the Parliament of Kilkenny, that the Exchequer should be removed from Carlow, where it was in danger from Irish enemies and rebels, to Dublin. It was asserted that it was a place unfit 'for the custody of the Exchequer, and that the allowsinces to the Judges (») Rot. Mem. 13° and 14° Eliz. U) Plea Roll. 37° Edward III. , PREFACE. XXiai ahd officers were totally inadequate to flieir support, and prayed an addition; the King agreed to allow above their ancient fee— to the Chancellor of the Exchequer, 5 marks ; Chief Baron, £20; Second Baroti, 10 marks; Third Baron, 10 marks ; Chief and Second Ohamherlain and Chief En- grosser, £10; Clerk of the Treasuiy, 5 marks ; King's Attor- ney, 100s. ; Chief and Second Kemembrancer, 50s. ; Chap- lain, for saying Divine Service in the Chapel of the Exche- quer, 50s. — a religious ceremony is performed in the Exche- quer one day in ev^ry term to the present time.W In the year 1394, the Exchequer and Common l^ench (Pleas), were removed to Dublin,(b) in consequence of the encroachments of the neighbouring Irish. The courts were subsequently held in a portion of Christ's Church, and during the fifteenth century they were much improved. In an Act of the Parliament held in the year 1432, 10° Henry VI.j it js stated that the Commons of the counties of Meath, Dublin, Kildare, and Louth, asserted that the Chancery, the Chief Place, the Common Place, and the Exchequer, were continu- ally in those parts, by which all the subjects could be suffi- ciently redressed. In 1456, Trinity Term was adjourned till Friday after the Feast of St. Margaret, on account of the dangers from the Scots. In 1475, in a Parliament held at DubUn, 16 Edward IV., the Judges and Barons of the Exchequer, were enjoined to wear their habits ^.nd co^ in term;() In order to remedy the abuse of of the church by Magna Charta,- which coigne and livery, it had been resolved in conferred, as he aUeged,'on the churcli, a. Parliament held by Bermingham at immunity from all public burthens ; the PREFACK, XXV tute of Kilkenny had for a time abolished, was risen again from hell."W The Pale was much diminished at the commencement of the reign of Henry VI., and the English power was still mote crippled during its continuance. His father having been almost totally occupied by continental conquest, paid but little attention to the melancholy representations of the Irish Parliament; and leaving his son, a minor, the guardian of the realm, had too much ej.sewhere to occupy his attention ; Irish affairs were, therefore, almost totally neglected. Many powerful and influential nobles residing in the Irish country had adopted their language and manners ; and being Eng- lish rebels, or Irish enemies, ceased to attend the Councils of the Pale, the Commons being confined to the representa- tives of the five or six counties then constituting the limits of the Pale, and a few cities and towns. Those out of the Pale were often fined for not returning the writs. On the Close Roll of the 14° Henry VI., is a representation of the state of the country, made by the Archbishops of Ar- magh and Dublin, and others, wherein they state, " That it please your sovereigne lorde graciously consider how this lande of Ireland is welnigh destrued, and inhabyted with his enimys and rebelse, in so much that there is not left in the nether parties of the countees of Dyvelin, Mith, Louth, and Kildare, that goynyn to gadyr, oute of the subjection of the rebelse and enemys, scarisly xxx, miles in lengthe and xx miles in brede there, as a man may surelie ride other go, in the said counties, to answere to the kyng's writs and com- mandments." After the death of Henry VI., (says an old chronicle) when the wars between the houses were in their heat, "almost all the good English bjood, which was left in Ireland was spent in these civil dissensions : so as the Irish became victorious ov^r a|l withoi^t blood pr sweat" Only that Archbishop and his clergy were found sive and intolefabie,' that the Lord Tin guilty, bnt were sufficiently powerful to loft, Deputy of the Duke of Clairenoe was escape punishment. Edward IV. did enforced to execute the law upon the not pay any army in Ireland during his greatest Earl in the kingdoni, Desmond reign, but the soldiers paid themselves who lost his head at Drtigheda for this by taking coigne and liveiry upon the offence, couritry, which extortion grew so exceS'-_ (a.) Sir John Davis, XXVI PREFACE. little cartron of land, called the Pale, containing four small shires, maintained a bordery war with the Irish, and retained the form of English government. Out of that little precinct no lords, knights, or burgesses, were summoned to Parliament ; neither did the king's writ run in any other part of the king- dom ; and yet, upon the marches and borders, which at that time Were grown so large as they took up half Dublin, half Meath, and a third part of Kildare and Louth, there was no law in use but the March law, which, in the Statutes of Kil- kenny, is said to be no law, but a " leud custome." Sir Edward Poynings, taking the best course he could to establish what he calls a commonwealth in Ireland, summoned the famous Parliament of Kilkenny; but the vigorous laws there established did not spread their virtue beyond the Pale, though they were intended generally for the whole kingdom ; for the provinces without the Pale, which during the war of York and Lancaster, had wholly cast off the English Government, were not apt to receive the "Statute of reformation," because " they were not first broken and mastered again by the sword ;" besides the Irish countries, which contained two-third parts of the kingdom, were not reduced to shire ground, so that in them the laws of England could not be possibly put in execution. Therefore, says. Sir John Davies — "Those good laws and pro- visions were like good lessons set for the lute that is broke and out of tune, of which lessons little can be made, till the lute be made fit to be played' upon." In some parts of the country the law of England was alto- gether superseded ; and the civil code substituted ; and that law was administered by the Mayor of Galway, in the name of God, so completely had the English power been enfeebled or set aside. In the 17th year of King Edward TV"., Jermyn Lynch, goldsmith, complained to Parliament that he had been sued by Walter White, of Limerick, merchant, and Garrett Lewes, " before the Sovereign and Portrieves of Galway, hy the civil law, and that on judgment they got possession of his premises in the town of Galway ;" whereupon as there was no Sheriff in the counties of Limerick or Connaught, nor any lettered man hy which the law could, pe duly executed, William, PREFACE. XXVll son of Sanders Lynch, Sovereign of Galway ; John French, John FitzWilliam Blake, and Thomas Blake, of Galway, mer- chants, who had proceeded according to the imperial or civil law, and not according to the law of England, were required to appear in the Court of King's Bench with the record of their proceedings, or forfeit £10 for each offence.W Tha;t the State might not seem to neglect the security of the Pale, its defence was entrusted, in the reign of Edward IV., to a 'fraternity of arms, called the Knights, of St. George, §0 called from their captain or chief commander being elected annually on St. George's Day, and which order had been instituted by Parliament as a permanent military establish- ment. It consisted of thirteen persons of the highest con- sequence in the four counties' of Kildare, Dublin, Meath, and Uriel (Louth) — the Lords Kildare and Portlester, and Sir Rowland Eustace, for the first ; Lord Houth, Sir Robert Dowdal, and the Mayor of Dublin, for the second; Lord Gormanstown, Edward and Alexander Flunket, with Bar- naby Barnewale, for the third; Sir Laurence TaafFe, Richard Bellew, and the Mayor of Drogheda, for the last. The knights were to assemble on St. George's Day, to express their devotion to the EngUsh rule. Their captain was to be chosen annually, and was to have a train of 200 armed men, namely, 120 archers on horseback, and 40 other horsemen, with one attendant upon each. The archers were to receive ^d. a day ; the others, for themselves and their attendants, each five- pence,.with an annual stipend of four marks. Thus was the Pale defended by. 200 men, 13 officers, with such levies as might be raised on a sudden emergency. To support this troop, the fraternity were empowered to demand twelve pence in the pound, out of all merchandize sold in Ireland, except hides, and the goods of Dublin and Drogheda freemen. They' were authorized to make rules for the regulation of their society; to elect new members on vacancies: and their captain had particular authority to apprehend outlaws, rebels and all who refused obedience to the law. This military order continued for about twenty years ; but in the year 1495 -was (a) Rot. Mem., 17° Edward IV. XXVlll PREFACE. suppressed, the taxes levied for its support being obnoxious, and the body not having accomplished the object of its institution. As an illustration of the habits and customs prevailing amongst the aristocracy and gentry of the Pale, and. to show the studies and mode of education of the members of the bar in the reign of Edward IV., the following curious proceeding has been taken from the Memoranda Roll of the 9° Henry VIII. " I, Thomas Netterville, the kynge's attorne, was with Sir Willym Darcy, of Plattene, on Mondy next before the feast of the Nativity, 9° Henry VIII., 1517, and ther, among othyr cowyunts, inquired of hym whether he knew John Berming- ham and Nicholas Try vers or not, and what age or stature the said Nicholas was of; the which Sir William shewed me, that he and his cosyn. Sir Thomas Kent, beyng luming their te- nuors and natura brevium with Mr. Strett, att Dwelyng, was tabelyd at Hugh Talbot's, the said Hugh then dwelling where John Dyllon now dwellyth, and that Ffyllip Bermyngham, then Chief Justice of the King's Bench, att that time dwelled there, as Ann White dwellyth now, having one John Harper in his service, unto the which John Harper the said Sir Wil- liam and Sir Thomas, with other ther companyons, on holy- days resorted to lurne to harpe and to daunce, at the said Justice's place, wher was then John Bermyngham ; and Sir Wyllim and Sir Thomas soe being in Dvellyng, was send for to the marriage of Nicholas and Luttrelis doghter, to Lut- trehston, where they, accompanyed with divers of Dublin, went, at the which tyme Nicholas was as tall a man as ever he was, and the best and strongest archere that was at the marriage, and at the least, to the said Sir Wylliam's remembrans, there was forty good bowes there ; and after Sir Wyllim, his father, fellsicke, and send for him home; but here he raght,(ere.he rode) home his father died, the Newyeres Day next before the death of Edward the 4th, that died the Ester, then next ensu- ing ; and the May following Sir Wyllim went to Londyn, John Bermingham and his wife, and Nicholas and his wife, being alyve at his departinge." Hume observes, that during the Wars of the Roses all we can PEEFACE. XXIX distinguish with certainty through the dark cloud which covers that period, is a scene of horror and bloodshed, savage man- ners, arbitrary executions, and treacherous, dishonorable conduct in all parties. Much as we may condemn the arbi- trary government of the Tudors, it seems to have been the means by which civilization made its principal advances among the English. In Ireland, that family never gained any in- crease of authority in civil government ; and to this we may attribute the distraction and bloodshed which prevailed in the greater part of the country until the close of the reign of Elizabeth. During all that period no law existed but that of the sword ; the grand pursuit was the plunder of cattle, the burning of houses, and the murder of their inmates ; and so incorrigible did the inhabitants appear, that St. Leger, Lord Deputy of Henry VIII., gravely discusses, in one of his des- patches, the propriety of endeavouring to exterminate the Irish; but concludes it to be impossible, chiefly on account of their amazing faculty of enduring calamities and privations. W That the execution of the law had no greater latitude than the Pale is manifest by the Statute of the 13° Henry VIII., c. 3, which recites, that at that time the king's laws were obeyed and executed in the four shires only ; and the instruc- tions given to the Master of the Rolls, when sent into England about the same time, confirms the fact; for he is required to inform the king, that the land of Ireland was so much decayed that the king's laws were not obeyed twenty miles in compass. Wherefore grew the phrase: '■'■That they dwelt hywest the law, which dwelt heyond the river of the Barrow," which is ■vvithin thirty miles of Dublin. The English territory gradually decreased in extent: " So wonderful had those Irish lords encroached into the Pale, that afterwards, when the king (Henry VHI.) came to the crowne, taking in hand the general reformation of that country, it was found that the English Pale was restrained into four contries onlie, viz., Dublin, Kildare, Meath, and Louth, and those also not to be free from the Irish invasions; and so weakened withal, and corrupted, that scant four persons in any parish W State Papers. XXX PREFACE. wore English habits, and coine and livery as current there as in the Irish countries, which was brought into the Pale by Sir James of Desmond, in the time of his gOTemment."(») And in the State Papers, part iii., vol. ii., p. 22, it is stated, that the inhabitants of the four shires " hath been so spoiled, op- pressed, and robbed, as they be not of ability to give to your grace any notable thing;" and "to the shires above the Bar- row, viz., Kilkenny, Tipperary, Waterford, and Wexford, the king's judges and officers cannot resort to minstre justice." The extent of territory under the influence of English do- mination materially varied at different times ; and, in conse- quence, the extent of country represented in the Irish par- liaments, holden by the English viceroys, was not always the same. I may venture to presume, that representation in Irish parliaments was at aU times co-extensive, not ■merely with the Pale, but with whatever portion of the Irish territory acknowledged a subjection to English dominion, and acquiesced in its legislation. This, however, has been denied, and Sir John Da vies is tempted to asseart, that the Par- liament of 1613 was the first general representation of the people, which was not " confined to the Pale." The reasons which induced Sir John Davies to rush at tbi-; condnsion was his anxiety to flatter the vanity of James I., a prince proud and vain of his government in Ireland. It a£brded him the greatest degree of satistaction to be told that he was the founder of a constitution in this country ; but as a &ct, the positive limits of the Pale were never clearly defined. By the Statute of 10° Henry VU., c 23, the Acts of a Parliament which had been holden at Xaas were annuUed, because it was composed only of members summoned £rom the four shires of the Pale. It, therefore, cannot be con- tended that no Parliament was summoned out of tiie Pale pre^^ous to that of James I. In the year 1520 the flavor and Aldermen of Dublin being at diimer with the Earl of Surrey. Lord Deputy, news was brought that O'NeU was coming with a great force to invade '>' THos, B. xii., British Museum. PREFAqE. X^^> the Pale. Forthwith, thp Deputy commanded the Mayor an(J cjtizeBS to set forth and resist O'Neil, which they did.(a) Spenser, in his " View of Ireland," written in the reign of Eliz^teth, speaking of the invasion of Edward Bruce, says— " He burned and spoiled all the old Enghsh Pale." . Again— "They marched into the Pale, which then was chiefly in the north,.from the J^oint of Dunluce and heyond, unto Dublin, having in the mid,st Knockfergus (Carrickfergus), Belfast, Armagh, and Carlingford, which are now the most outbound and abandoned places in the Pale— and, indeed, not counted of the English Pale a,t all, for it stretcheth now no further than Dundalk towards the north." [According as the Enghsh power extended so did the Pale ; and it was considered to comprise at some periods the counties of Antrim, Down, part of Armagh, Louth, Meath, West- m6a,th, Dublin, Kildare,^King's and Queen's Counties, Carlow, Killienny, Tipperary, Waterford, Wexford, and part of Wick- low; but in general the name of the Pale was confined to the counties of Dublin, Louth, Meath, and Kildare. It appears that the Irish who dwelt within the Pale, and acknowledged the English authority, were considered as sub- jects, and had to a certain extent the protection of English laws; but all the Irigh outside the Pale were styled Irish enemies, not being recognised as subjects; while the Anglo- Irish, or Irish of English descent, who resisted the Govern- ment, were termed English rebels, being accounted as subjects. The native Irish, according to Sir John Davies, being re- puted as aliens, or rather enemies, it was adjudged no felony to kill a mere Irishman in time of peace ; and it appears that if an Englishman killed one of the mere Irish, he was only fined a mark. , He states in a letter to Earl of Salisbury, in 1610, that — " When the English Pale was first planted, all the natives were cleanly expelled, so as not one Irish family had so much as an acre of fi:eehold in all the five counties o| the Pale,.". The Pale, which was in its commencement very indis- tinctly^ if at all, defined, became in the fifteerj^th century la) My MSS. XXXll PREFACll. better known as the English, part of the island, and more accurately marked, until at length an Act of Parhament was passed (10° Henry VII., c. 34), for making a ditch to enclose the four shires to which the English dominion was at this time nearly confined. Henry VH., however, introduced a better system of administration, but the English power did not fully recover its stability tilHihe reign of James I. The greater part of the Irish chieftains acknowledged no superior but the sword, and no law but their own will. In the sixteenth century an intercourse between the Irish cities was kept up by sea, or through defiles and passes occu- pied by an envenomed and oppressed foe, with whom the legislation of the state forbade coalition or friendship. The acquired portion of inland country was erected into palatinates, whose chieftains preferred independent dominion to the salutary restraints of the law. There were no circuits for centuries after the introduction of the English law. Superior courts alone af- forded any encouragement or reward ; within each precinct local jurisdictions determined civil causes, and martial law, guided by palatines or tanists, formed the criminal code. The spirit and process of English law were thus confined to the capital and a narrow portion of the Pale. A staff of legal officers had been regularly kept up, and courts constantly held, which employed a few barristers, who expected, after a prac- tice more laborious than lucrative, to attain judicial eminence ; the surrounding palatines, or Irish chieftains, rendering the active duties of the Common Bench or Common Place very trifling : the equitable jurisdiction of Chancery did not then exist, or at least had no extensive subject matter to operate on, and such of the inhabitants as desired to prepare themselves by legal skill for professional eminence, resorted to the English Inns of Court, where the law was cultivated in great perfection. In the reign of Henry VIII. the greater part of Ireland was out of the limits of counties, and sent no knights to Parliament ; nor did the Irish Government at this period esteem the in- habitants of those parts fit to be trusted in the council of the realm. It was only in the thirty-fourth year of the reign of the latter monarch that the county of Westmeath was formed PRE^ACfii ixXlll the ancient bities were but four ; the boroughs which sent burgesses to Parliament not above thirty, to which Mary and Elizabeth added forty-eight more, including two county con- stituencies erected by the former, and nineteen by the latter. James" I. created forty new boroughs at one stroke. As for the tempora;! lords, there were few indeed ; and of the spiritual lords, though the number was greater than it was when Sir John Davies lived, those of the prelates, whether bishops or abbots, who were resident in what was called "the Irish coun- try," and did not acknowledge the king to be their patron, were never summoned. In the year 1515 the limits were thus described: — ^"The English Pale doth stretche and extend from the towne of Doundalke to the towne of Derver, to the town of Ardye, allwaie on the lyfte syde, leving the marche on the right syde, and so to the town of Sydan, to the town of Kenlys, to the town of Dengle, to Kilcoke, to the towne of Clanne, to the towne of Naasse, to the Bryge of Cucullyn, to the towne of Ballymore, and so backward to the towne of Kamore, and to the towne of Rathcoole, to the towne of Talaght, and to the towne of Dalky, leavinge alwaye the marche on the right hande from Dondalke following the said course to the towne of Dalkye."W This district of about thirty miles around Dublin was as much as the Government could hold in subjection. The country was so intersected with woods and bogs, and the Irish were so hardy and active, that a victory over them was attended with no considerable result — ^most of them could escape to in- accessible places. War could neither impoverish nor incom- mode them — ^it was their pastime ; and though they were not steady in battle, they were ever ready to renew it. Sir Edward Bellingham was the first Deputy from the reign of Edward III. to the time of Edward VI., who enlarged the Pale by defeating the Moores and Connors, smi building the forts of Leix and Oflaly. This service he performed with 600 horse and 400 foot, as appears by the Treasurer's account, in the office of the Remembrancer in England. ' ' And the Earl of Sussex put the last hand to this work, and rooting out these (a) State Papers. XXXIV PREFACE. two rebellious septs, planted English colonies in their rooms, which in aU the tumultuous, times since have kept their habi- tations, their loyalty, and their religion." In the "Annals of the Four Masters" we read that WiUiam, Earl of Kildare, prepared to return to Ireland in the spring of the year 1598 ; he embarked, accompanied by some gen- tlemen of Meath and of the English Pale, and having sailed till out of sight at sea, none of them were ever seen alive afterwards ; it was from other countries, in two months after, that an account of their deaths reached Ireland. It had been usual in Ireland, says Lelpnd, previous to the holding a parliament, for the lords of the Pale to be summoned and consulted as to the time and circumstances, and also as to what business should be transacted in this assembly; this custom is insisted, upon in the petition of the Lords to James I. in the year 1613: when, however, it was moved in Coimcil that it should be observed, the Lord Deputy Wentworth de- feated the motion. , Dr. Boate, who, in the year 1652, wrote " Ireland's Natural History ,"W thus describes the Pale : — " There is yet another division of Ireland, whereby the whole land is divided into two parts, the English Pale and the land of the meer Irish. The English Pale comprehendeth only four counties, one whereof is in Ulster, viz., Louth, and the other three in Leins- ter, to wit, Meath, Dublin, and Kildare ; the.original of which division is this : the English at the first conquest, under the reign of Henry II., having within a little time conquered great part of Ireland, did afterwards, in the space of not very many years, make themselves masters of almost all the rest, having expelled the natives (called the wild Irish, because in all manner of wildness, they may be compared with the most barbarous nations of the earth), into the desert woods and mountains. But afterwards being fallen at odds among them- selves, and making several great wars the one upon the other, the Irish thereby got the opportunity to recover now this, and then that part of the land ; whereby and through the degene- (a) This, with other useful Irish tracts for private circulation by the patriotic and treatises, from the year 1613 to the munificence of Mr. Alexander Thorn, year 1769 have been recently published 2 vols., 8vo. PREFACE. XXXV rating of a great many from time to time, who joining them- selves with the Irishj took ttpott them their wild fashions and their language, the English in length of time came to be so much weakened, that at last nothing remained to them of the whole kingdom worth speaking of but the great cities, and the forenamed four counties, to which the name of Pale was given, because the authority and government of the kings of England and the English colonies or plantations, which before had been spread over the whole land, now were reduced to so small a compass, as it were impaled within the same. And although since the beginning of the present age, and since King James his coming to the crown of England, the whole island was reduced under the obedience and government of the English laws, and replenished with English and Scotch colonies, nevertheless the name of the Pale, which, in the old signification, was now out of season, remained in use, and is so still ; even since the last bloody rebellion, wherein the in- habitants of almost all the Pale, although all of them of Eng- lish descent, have conspired with the native Irish to shake off the government of the crown of England, extinguish the re- formed reUgion with their professors, and quite to root them out of Ireland." During the four centuries which intervened between the conquest of Ireland and the closing years of Elizabeth, the portion of the island held by the English colonists was 'gradu- ally enlarged in proportion as the skUl and prowess of the settlers prevailed over the gallant though disunited opposition of the native chiefs. The English Pale was defined by a boundary even still more clearly marked than the surround- ing hne, on which were formed the fortified towns and castles which afforded protection from the inroads of the Irish. The Pale expressed something more than a territorial distinction. It expressed not only a certain defined district, but also a dif- ference in race, difference in language, and difference in laws, between those who were found within and without its confines; The distinction between a beleaguered city with its garrison, and a besieging, army, was not so great, nor could the feelings entertained by each to the other have been more embittered e2 XXXVl PBEFACB. than were the sentiments entertained by the English within towards; the Irish without the Pale. The English laws, which the colonists had imported with them, shed no protection over even those with whom they had established communication, and crimes the most atrocious were committed with impu- nity, provided the victims belonged to the hostile race. On the Memoranda Roll of the year 1278, is a proceeding against Robert de la Roche and Adam le Wales, who were indicted for perpetrating a capital offence on Margaret O'Rorke. The culprits being arraigned, pleaded " non culpa, pro eo quod predicta Marguereta est Hibernica:" this issue being found in favour of the deUnquents, they were acquitted. It would appear also that the learned administrators of the law did not discourage the wager of battle (" vadiatio duelli"), which had been frequently resorted to by the Englfah of the Pale; although the members of the corporations of Dublin, Cashel, Waterford, New Ross, and other towns, were especi- ally exempt from it by their charters. There is a curious instance of this ancient legal practice on the Plea Roll of 6° Edward I. " Geofiry de Prendergast challenges Paganus de Hynteberg for 5 carucates of land as his inheritance. Peganus came and defended his right thereto by the body of his champion, and Geoffry is prepared to support bis claim by another. The court orders that a duel be waged at Drogheda: "The champions came armed; they fought; the plaintiff conquered the defendant, and it was there- fore determined by the court that Geoffry should recover possession of the lands."W And on the Patent and Close Roll of the 2° Edward II., is a similar interesting discus- sion: — "Osberte Furlong sues and challenges Laurence Cas ; Laurence comes and defends the violence and wrong, and is prepared to defend with his body whatsoever is alleged against him ; the court therefore orders the wager of battle. They came armed, on the Tuesday next after the Feast of Saint James, to Dublin, on which day the appellant and de- (a) "Veniunt campiones armati et turn est, per curiam, qijod prediptus percussum eat duellum, ita quod appel- Galfridus recnperit prediotas terras." f ator devicit def ensorem : ideo considera- PREFACE. XXXVll fendant . . . and Master Kobert, official of the Arch- deacon of Dublin, asserting that they were clerks and tonsured, demanded that they should be restored to Holy Church, affirming that although they might have renounced their privilege of clerks, stiU. the liberty of Holy Church should not be infringed. They were, therefore, delivered up to the official.^ In the month of September, 1583, Teig MacGilpatrick O'Conor was accused by Conor MacCormac O'Conor before the Lords Justices and Council of killing and murdering his men who were under protection: Teig answered, " that they had, since the protection, confederated with the rebel, Cathal O'Conor, and therefore were also rebels, and this he was ready to justify by combat. Conor accepted the challenge, and the weapons, which were sword and target, being chosen by the defendant, the ne?:t day was prepared for the battle, and pa- trons were assigned to each to introduce them into the lists. The day being come, and the court sitting, the combatants were likewise seated on two stools, one at each end of the inner court of the castle of Dublin. Most of the military officers were present, to render this action the more solemn, and the pleadings being read, the combatants were stripped to their shirts and searched by Secretary Fenton, then each of them took his corporal oath that his quarrel was true, and that he would justify the same with his blood; at the sound of trumpet, they began to fight with great resolution ; " but at length Conor MacCormac being twice wounded in his leg and once in his eye, designed to close with his adver- sary ; but Teig,^^ being too strong for him, pummelled him till he loosened his murrion, and then he easily stunned hiai, and with O'Conor's own sword cut oflp his head and presented (a) Osbertus Furlong sequitik et ap- armati, et Magislear Eobertus . . . pellat Lanientium Cas, et predictus officialis archdiaconi Dublin, asperens Lanrentius venit et defendit vim et in- ipsos ambos clericos esse et coronatoa juriam, et quicquid est contra pacem petiit illos restitui sancte ecclesie ; affir- paratus est defendere per corpus sunm, mans quod, licet ipsi renunciaient pri- ideo vadiatio duelli, et veniunt agnati, vilegio cleri, libertas sancte ecclesie no die martis proxime post festum S Ideo liberati sunt eid^m Jacob! apud Dublin, ad diem ilium ve- officiali," nerunt predicti appellator et defensor xxxvm PBEFACE. it to the Lords Justices, Sir Henry Wallop and Adam Loftus, Lord Archbishop of Dublin,"W In an impublished statute entered on the Chancery Roll, Dublin, in the year 1460, relative to the independence of Ire- land, it is ordained that every appeal of treason,0') sued in this land, should be determined before the constable and marshall for the time being within the said land, and in no other place ; and if any person thereafter should appeal to any other person within the land, and the matter of the appeal be found and proved not true, that then such person taking or commencing such appeal should be adjudged to death, and that no pardon should avail in that case.("=) (a) Hooper, page 445. Walsh's His- tory of Dublin, Vol. I., page 65. (t)' Appeals of treason were sued he- fore the parliament and courts of law, and were determinable by battle. — 3 Institute 132. (o) " At the request of the Commons, that whereas the land of Ireland is and at all times hath teem corporate » itself of the antient laws and castomes used in the same, fiee from the cha/rge of amy special lam of the realm ofEnglamd, unless only of mA laws which by the lOkds spiri- TUAL AHD TEMPORAL AKD COMMONS OF THE SAID liAHD have hem held, admitted, acc^ted, affirmed,.amd proclaimed, in the OBEAT COUNCIL OB PAELIAMENT THERE- OF, according to many antient statutes therein made. And whereas also, by the antient custom, priinlege, and franchise of the said land, there is and always hath been the king's seal current, by which the laws thereof and also the king's sub- jects of the said land are guided and directed, which seal is called the seal of the said land, to which all subjects ought to bear loyal obedience; and it hath never been seen or heard that any person or persons inhabiting or reaid- injg in any other Christian country so corporate of itself should obey any com- mandment within the said land given or made under any other seal but the pro- per seal of its own, by which any person should be had or compelled by any such commandment to go out of the said land ; and if such commandment were obeyed within the said land of Ireland, very great prejudice and derogation and most dangerous inconveniences wonld accrue to the said land, contrary to the liberties and antient customs of the same, and great and immense vexations would accrue to the subjects thereof, whereof many precedents of late days have come to pass and have so been found. And moreover, that whereas any realm or land which bath within itself, of itself, a constable and marshall, no person of the said realm or land ought to sue or pur- sue any appeal or other matter determi- nable before the said constable and mar- shall before the constable and marshall of any other land, and that in such case such appeal or matter should take no foundation or effect ; and that notwith- standing that there are within the said land, and of antient cufitome there have been, a constable and marshal!, yet divers persons of the said land have oftentimes heretofore sued and troubled with great malice many of the king's subjects of the same land to be sent for to come into England by colour of such appeal, to the great derogation and prejuiUce of the said liberties and franchise : whereupon, the premisses being considered, it is or- dained, enacted, and established in the said parliament, and by authority of the same, that hereafter no person or persons being within the said land of Ireland shall be compelled, by any commandment given or made under any other seal but the said seal of the same land, to an- swer to any appeal or any other matter out of the said land ; and that no officer or minister of the said land, to whom any such commandment shall come, shall PREFACE. XX^X During the Viceroyalty of Rokeby, the appellate jurisdic- tion from the Irish courts was given to the Irish parliament, with the intention of exposing the suitor to as little delay, vexa- tion, and expense as possible. Regulations touching the non- residence of the clergy were followed by an ordinance for the regulation of the church and state, and for the effectual administration of the English laws. By this ordinance the parliaments of Ireland were regulated according to the in- stitutions of England, for before this time, the conventions in Ireland were not so properly parliaments as assemblies of great men.W That the mere Irish were reputed aliens, appears by several records and charters of denization. On the Plea Roll of the 28" Edward III., we find the following interesting record. ■ Simon Neal brought an action of trespass against William Newlagh, for breaking his close at Clondalkin ; the defendant pleaded that the plaintiff "est Hilernicus et non de quinque sanguinibus," and prayed judgment. The plaintiff replied, quod ipse est de quinque sanguinibus, viz., de les O'Neiles de Ulton (Ulster), qui per concessionem progenitorum Domini Regis, libertatibus Anglicis gaudere debent et utuntur, et pro liberis hominibus reputantur. The defendant rejoined that the plaintiff is not of the O'Neils of Ulster, — "nee de quinque sanguinibus;" issue was joined, which, being found for the plaintiff, he had judgment to recover his damages. By this record it appears that five principal bloods or septs of the Irish were by special grace enfranchised and enabled to take the benefit of the English laws, and that the nation of the put the said commandment, or any pro- of treason sued in this land shall be deter- clamation or any other thing contrary or mined before the constable and marshall prejudicial to the said ancient customs, of the said land for the time being and privileges, and franchises, in execution, within the said land, and in no other on pain of forfeiture of all his lands and place ; and it any person hereafter shall goods which he or any other hath to his appeal against any other person -within use within the said land, and, above this, the said land, and the matter of the said of ~ thousand marks, one half to the appeal be found and proved not true king, and the other half to the party thatthen suchpersohtakingorcommenc- who will sue in this case against any ing such an appeal shall thereby be officer or minister by writ of scire facias, adjudged to death, and that no pardon or by any other action in the law in this shall avail in that csise."—TrREFACEi have made search, in vain, for this interesting record, but I do not despair of still getting, a cine to it. The mode in which the parliaments of Ireland were formerly conducted is illustrated by an historical fe,ct which amounts almost to the ludicrous. In the 18th of Edward IV., two viceroys of the king actually contended for authority: the one holding a parliament at Naas, the other at Drogheda, and the king giving his assent to some of the enactments of each. This appears from the Close Roll of the 19° Edward IV. In the "Red Book of the Exchequer" W is the Remonstrance of the Earl of Desmond, and the Prelates, Earls, Barons, and Commons of Ireland, called forth on the occasion of the (a) Red Book This venerable re- cord la preserved in the Exchequer. The following is a short note of its contents : — Statutum Dublin, 11° Henry IV.: Statutum Westmonaster' ; Sheriff's oath of office : Justice of the Peace, ditto : Treasurer's and Escheator's oath; Writ for the observance of the Statute, 3° Hie. II., De Absentibus : Writ, 4° Ric. II., de absentibus ; Writ, 7° Edward III., relative to customs ; Articles of grievances sent to the King, with the King's answer; tempore Edward III.: Statute 2nd West- monaster' : Breve de pardonatione debi- torum Domini Regis, 41° Edward III. : Le Statutfair encontr' les Admiralx, 13° and 15° Richard II. : Le Statut encontr' customers, 13° Richard II. : Some Latin verses and four causes assigned quare sancta crux adoratur: Ordinances of Kilkenny, 3° Edward II., the four first chapters wanting : Ordinationes in Pari. Dublin, 18° Edward II. : Le Serement des coUectours : Statutum in Pari. Dub- lin, 11° Henry IV. : Bone Estatut pour le Peuple, and a drawing of the Court of Exchequer: Statutes of Lincoln and York, with a writ for their observance : Averment encontr' protection, 10° Henry IV. : An ancient calendar, the twelve months complete : Some sacred writings : Latin verses; Qui jurat super librum tria facet, primo, &c. : Allowances to the Master of the Mint in England, pro operag' et Monetag' ; and a memorandum quod W. de Wymundham misit 24 pe- cias cuneorum in Hibemia pro moneta ibidem facienda: Proclamation for de- crying base money, 27° Edward III. ; Oath of a .Justice: De Juramento Vice- Oomitum & Ballivovum, and a writ of levari to the Sheriff of Dublin for the King's debts, 11° Edward I.: The Gkeat Charter op Ireland, 1° Henry III. : Latin verses ; Terms of an agree- ment with the King by Walter de Lacy, pro habenda terra sua in Hibemia: Writ for the observance of certain or- dinances : Writ of Edward IV. to the Treasurer and Barons, with the tenor of an Act of Parliament made at Naas, 13° Henry VI., to discharge Sheriffs of old debts : Statute of Rutiand, Edward I. : Serement des Viscountes, Maires, et Bai- liffs: Stat. IWestm': Stat. Gloucester: Ancient tables of calculation: Writ of privilege for the Clerks of the Exche- quer : Statutum de anno 38™ cap. 2, 2° H. : Kings of England from William the Conqueror : Four writs de Capital! Ban- co — two are illegible : A fragment in Latin: Oath of allegiance, supremacy. Clerk of the Common Pleas, Exchequer, Foreign Appoaer and Transcriptor, Es- chaetor. Baron, King's Remembrancer and Auditor, Mayor of Dublin, Writer of Tallies and Clerk of the PeU, Deputy of the Chamberlain, the Usher, Messen- ger, Summonester, Collector, High Trea- surer, Chancellor, Second Remembrancer, Secretary, Chief Chamberlain, Clerk and Receiver of First Fruits, Sergeant, At- torney and Solicitor General, Chief En- grosser and Clerk of the Pipe, Surveyor- General of the Customs and Impositions, Chief and Second Remembrancer, Clerk of the Pipe, the Sheriff, Clerk of the Ni- chells, Attorney in the Second Remem- brancer's Office, Usher and Marshall: List of the Officers of the Exchequer : Oath of Commissioner of Appeals. PEEFACE. xlix Earl summoning the nobles to meet him at Kilkenny, . at a time when the Justiciary was unable to congregate a parliament in Dublin; indignant and inflamed at the at- tempt of the Crown to resume possession of the estates held by the Anglo-Irish, and the exclusion of all who were either Irish by birth, marriage, or Irish quoad their estates, from the direction of government affairs. The remonstrants commence by attributing the diminution of the royal power to the inso- lence, excesses, and corruption of bad officers, whose frauds on the Crown are in several instances specified; those ministers holding many offices through covetousness of the fees; and pray the king that no minister should hold more than one office. ' They next loudly complain of absen- tees, who set their seignories and lands to farm ; and with respect to the statute of resumption, they state, that in Scot- land, Gascony, and Wales, rebellions were raised in times past against the Crown, but they, the remonstrants, had always deported themselves well and loyally, and had served the king and his progenitors against the Scotch, at their own cost; yet they had been misrepresented to him by those who were sent from England to govern this country, who had no know- ledge of its circumstances, nor means to live, except by extor- tion under colour of their offices ; and that his Majesty and his progenitors, by charters for services rendered, had granted estates to divers persons, wliich were peaceably possessed until of late when his ministers there, by writs from England, recalled and repealed such grants for their own singular profit, contrary to reason, as the grantees and their ancestors well deserved the same, and from time to time defended and maintained the country: wherefore they prayed his Majesty to order that they be not ousted of their freeholds, without being called in judgment, according to the grand charter On the Close Roll of the 16th of Edward III., will be found his Majesty's answer— recognising the remonstrants as his " dear and dutiful" — and addressing them for aid towards his expedition into France. At a Parliament summoned by Poigning about twelve months after his arrival in Ireland, the Statutes of Kilkenny 1 PREFACE. were revived and confirmed, except one, prohibiting the use of the Irish language ; it was then commanded, that in future the statutes should be written in two books, and carefully enrolled by the Lord Treasurer in the King's Bench and Common Pleas. It was farther directed that the Patents of Office to the Chancellor, Treasurer, Judges, Barons, and Clerk of the Rolls, should be made out during the King's pleasure, and no longer for term of life. The first Acts in the English language were passed in a Par- liament held at Drogheda, on Monday next after the Feast of Andrew the Apostle, before Sir Edward Poigning, 10° Henry VII., 1495. One of them is an Act declaring the rate which soldiers should pay for their meat and drink in time of war ; it provides that — " Soldiers may be quartered on the subjects in time of hostility, and that they ne anie of them shall take of any of the army for their meat and drink above l^d. for one meale, and for his servant, 1 d. ; for every horse that shall belong to the army, they shall not pay above Id. for six field-sheaves, with a double band, and litter ; that for lacke thereof, they ne none of them have cause to complain; penalty 12d. for refosal." In 1537, Justice Luttrell complains, that " fewe or none can have knowledge of all Statutes made in this land, because they be kept in the Treasury, and no books made of them, by reason whereof manie offendeth therein from ignorance. It were necessary, and a gracious act, that all the Statutes were set in prynt, which would be bought commonly in this land at a reasonable price;" and in a manuscript in the British Museum there is the, following notice: — "The Statutes of Ireland from the 10th of Henrie the Sixt to the 13th of the Queen's majestic that now is, printed at London, 1572, by the procurement of Sir Henry Sydney, Lord Deputy : having summoned all the Justices of both Benches, the Baron of the Exchequer, and the Master of the Rolls, and referred to them the copying out and examining of all the Statutes as were of Irdcoi'd, • and not published, which they did, and delivered the sarne perfectly written and examined, with all their hands subsc^ribed to every one of them."W (a) MS., 'Titus, B.fet., Cotton, British Musemm. PRESAGE. 1} It is certain that the Statutes, whether printed or unedited, do not go higher than the early part of the rejgn of Edwar.(| 11. There are recitals, indeed, in English records and in Irish Statutes, of more antient Irish Acts of Parliament ; but these recitals are not conclusive evidence of the fact ; and as for certain exemplifications, even these are not conclusive in the minds of those who assert the forgery of the " modus tenendi parliamentum in Anglia et Hibemia." The true age of this modus, which purports to be of the reigi^ of Henry FitzEmpress (Henry II.), is by Selden and Prynne decided to be of the age of Richard II. pr Edward IV. The printed Statutes of Ireland previous to the 10° of Henry VII., are only translations of the original Acts in Nor- man-French, which originals have never been published; and there is every reason to suppose the translations have never been corrected with the originals ; of this the following is an amusing instance.— By the 8° Edward IV., c. 70, it was enacted, that all the English Statutes concerning rapes should be adopted in Ireland; but the words, " de, toutz maners dez rapes " in the original, having been omitted in the translation, the printed Act appears to adopt all the Statute law of England, instead of that part only which concerned rapes. Therefore the greatest attention and fidelity should be observed in the translation of those important records. An eminent law- yer, writing on this subject, says, " I have put every Statute in the tongue that it was first written in ; for these that were first written in Latin or in French dare I not presume to translate into EngHsh for fear of misrepresentation. For many words and terms be there, in divers Statutes, both in Latin and in French, which be very hard to translate aptly into English."W The legal institutions of Ireland were avowedly 'formed on the EngKsh model, in other words, the English laws and cus- toms were introduced into Ireland with the English rule. The judges, in both countries, have ever l^id it- down as an acknowledged and settled dictum, that a perfect identity of the common laws and legal customs of England has existed in (») Epistle to W. Rastall's coUecti* of tbtf English Statutes. d2 lii PREFACE. all ages among the Anglo-Irish, and those Irish who resided within the Pale, and were lieges of the King. Mathew Paris states, that " Henry the Second granted the laws of Eng- land to the people of Ireland, which were joyfully received by them all, and confirmed by the King, having first re- ceived their oaths for their observation of them." It is prob- able that this was a grant to all the Irish who chose to adopt it; but as O'Conor, King of Connaught, O'Neill, King of Kinelowen, or Tyrone, O'Donell of Tyrconnell, and other Irish chiefs, became but vassal princes, " reges sul eo ut ho- mines sui^' pajdng to the English sovereign annual tribute, in acknowledgment of his sovereignty, it is not probable that they would immediately change the laws or customs of their ter- ritories ; and we find by a writ of the 6° of King John, that no one was to be impleaded for the chattels, or even the life of an Irishman, until after Michaelmas Term in that year; there- fore, if the boon was general, it must then have been consid- ered forfeited by the frequent attempts made by the native Irish to shake off the English yoke after Henry's return to England. The writ of the 6° of John, however, seems to imply, that after Michaelmas, 1205, the benefit of the laws extended to all the Irish as well as the English, although in the reigns of Henry III. and his successors; the records show that the Irish had not, during those periods, the benefit of the laws of England. The Irish lawyers were all educated in England, and the early judges were mostly Englishmen, sent over to administer the English law in its integrity. The Viceroys were also English or Irish noblemen in possession of large estates in England. They generally held the sword but a very few years. From the year 1173 to 1200 there were no less than si^venteen Chief Governors ; in the thirteenth century, forty- six ; in the fourteenth, ninety-three; in the fifteenth, ee^A^y- ■five ; in the sixteenth, seventy-six ; in the seventeenth, seventy-nine ; in the eighteenth, ninety-four. All were natu- rally attached to the English laws and customs, but held office for so short a time, that they were not long enough in Ireland to form laws in accordance with their own no- PBEFAC];;. liii tions. The customs of the mere Irish were indeed different, but they had no influence on the administration of the laws. Where the Irish had power, they superseded the Enghsh law altogether, and introduced the Brehon, or Irish law, but where there was English rule there was English law. The Viceroys and the Judges knew no laws or customs but those of England, and when that was the case, no arbitrary variations could have occurred in the administration of the English law in Ireland. The earliest mention of a Parliament, by name, in the records of Ireland, is to be found in the great Roll of the Pipe of 10° to 12° Edward I. In the Red Book of the Exchequer, and on the Close Roll of the 13° Edward !.,(») is the following me- morandum : — " Quod die Veneris in festo exaitationis sanctas crucis anno regni Edward 13°, apud Wynton, liberata fue- runt Rogero Bretan, clerico venerabilis patris Stephani, Watei'- fordensis Episcopi, tunc Justiciarii Hibernise, quedam statuta, per regem et consilium suum edita et provisa, viz., statutum Westm. 1. statutum, post coronationem regis editum, et sta- tutum Glouc. et statutum pro mercatoribus factum, et statutum Westm. 11. in Parliamento regis paschse, anno predicto, provi- sum et factum, in Hibemia deferenda et ibidem proclamanda et observanda." The first are declared to be statutes enacted by the King and his Council ; the latter enacted in the King's Par- liament, id est, the King's Court of Justice, which were trans- mitted to Ireland, to be observed there as the law. althoutrh Parliaments, or assemblies called Parliaments, were held pre- viously in that country. In the Black Book of Christ's Church of the 26th of Edward I., 1297, we find described the component parts of the Parlia- ment held in Dublin in that year. I regret its length prevents its entire insertion here, and I- must "content -myself with si- passing notice of some of the important features of this meet curious and valuable document. It states that the county of Dubhn was much disordered, and many parts thereof separated and dispersed at remote dis- tances from the other parts, as well in Ulster and Meath as (,'■) Rot. Claus., 13° Ed. I., m. 5. 1: IV PEEFACE. elsewhere in Leinster, within the Valley of Dublin, by which they are less competent to do service to the Kiiigi in his commands and his courts, and his people were not suffi- ciently governed or controlled. It directs the appointment of a sheriff for Ulster, and the Crosses, to make executions within the liberty. That the Sheriff of Dublin should not enter into Ulster. Meath should be a county of itself, as well the lands of the liberty of Trim, the lands of Theobald Verdun, and the lands of the Crosses, within the precincts of Meath. That there should be a sheriff, to hold his court at Kenlys, and do execution in the liberty of Trim. The county of Kildare, which had been a liberty connected with the county of Dublin, should be a county of itself, including the Cross- lands and the ISnds of the lordship of Leinster, and should be absolved from the jurisdiction of the sheriff of Dublin. Each tenant who possesses twenty plough-lands in the marches or in the peaceable land, whatever be his condition, shall keep a horse completely armed, with arms always ready in his house, as it frequently happens that felons escape with their prey, because the inhabitants have not cavalry to follow them as they ought. Magnates and others, who re- side in England, and send nothing for the preservation of their holdings, shall allow a competent portion to remain in the hands of their bailiffs ; and this shall be enforced by distress. When thieves and robbers come and take prey, or do other mischief, all persons on notice shall, immediately they are able, arise and follow them with effect ; and whosoever shall neglect to rise shall be severely punished, and shall restore the pro- ^perty lost in consequence of his neglect. No one shall keep piore kerns or idlemen than he is able to support, or hire or take any idlemen from the neighbouring lords by force, against his will. It shall not be lawM to hold truce with the Irish who are at war, or who are not in the King's peace, unless the truce shall be universal ; and as it frequently happens that when the Irish have given their solemn oath to the Chief Justice, to abstain from sudden irruptions, few, or none are to be found ready to resist^ redress, or interrupt their misdeeds, by which very often the lands of the marches are frequently devastated ; PHEFACE. Ik to prevent this evil it is agreed that immediately, as soon as the Irish, by homicide, burning, or taking preys, should com- mence war, all persons dwelUng in the liberty or country where those Irish dwell, and their neighbours, with one accord and simultaneously should rise against the Irish, and maintain war against them at their own expense, until the Irish be reduced to peace or truce obtained. Also, in consequence of the density of the bogs and the depths of the adjacent morasses, the Irish assume a confident boldness in sudden de- linquency, chiefly on the King's highway, in places so over- grown with wood, and so thick and difficult, that scarcely even a foot passenger was able to pass; by which the Irish, when the mischief was done, run into some bog or wood, which they are able to pass, although the English are not able to pursue them, and not being followed, they escape without in- jury, or if they suffer themselves to be approached, are able to avoid being apprehended ; upon which it is ordained that the Lord of the woods, with his tenants, through which anciently was the King's highway, should sufficiently clear the passage where the way ought to be, and at their expense, cut and shorten the wood, so as to make the way wide enough, and clear from underwood and trees. But if the lord be unable, then the King or the Chief Justice should have the assistance of aU the adjacent country. They shall repair the bridges in their district, and if unable to incur an expense so great, the country shall supply the means. And the whole community of Leinster, which was lately but one liberty, shall assist and contribute to the maintenance of the war against the Irish. Every Eng- lishman, in the head and countenance^ shall adopt the manners and tonsure of the English, and shall not again presume to turn back the hair into a culan; and to arrest their bodies if it be notorious that they wear the Irish costume ; no one shall pleadasan Englishman wearing thelrisl^ dress, but shall answer as an Irishman if in a similar case a question shall arise. The various proportions, denominations, and territorial divi- sions of land mentioned in those volumes require a short notice. A paper on this subject was written by Sir Thomas It.arcom, in the year 1846, which was published in the follow- Ivi PREFACE. ing year, by order of the Government, in the first part of the relief correspondence of the Commissioners of Public Works. This paper, although professing to be merely an outline, con- tains much valuable information in a concise form ; it closes with a reference to the ancient manuscripts of the Brehon Laws as the source from which the most valuable information on this subject generally is to be derived. The History of the Down Survey, by Sir Thomas Larcom, is also interspersed with interesting information relative to the several territorial denominations. The Rev. Doctor Reeves, the eminent Irish Ecclesiologist, and Secretary of the Irish Academy, well known to the learned by his elaborate edition of Adamnan's Life of ColumkiUe, lately read a valuable paper on the Townland Distribution of Ireland before the Academy, and I have not only profited by his great research on this occasion, but on every other where the subject of our Irish records is concerned. "The Tate was estimated at sixty acres, and a sixteenth was the unit; and this came to be distinguished as a townland. In Cavan the first division was a ballibet, identical with the ballybetagh of other parts; of this the proximate species was the poll or pole, sixteen of which constituted the ballybet. Each poll contained two gallons, each gallon two pottles, de- scending even to a subdivision called pints. In Down the prevailing denomination was the ballyboe or cow- land, sometimes called the carewe, fi-om the Latin carucata or plowland, which has been estimated at sixty acres ; three of these formed the quarterland, and twelve the ballybetagh; sometimes a smaller division was in use called the sessiagh. In Antrim the townland, latinized villa and villata, was the prevailing denomination at the commencement of the seven- teenth century : the higher division was, as in Down, the quarterland, that is, the conventional quarter of the ancient ballybetagh. Here as elsewhere the original name of the quarterland was ' often lost, while the specific ones were re- tained, or the generic name was given in exchange to a prin- cipal component part. In Antrim we have still the tradi- tional aggregation in the "fours towns" of Ahoghill, the PREFACE. Ivii " eight towns " of Muckamore, and the " sixteen towns '' of Antrim. The divisions in Donegal were ballybetaghs, de- scending to quarters, baliyboes, and sessiaghs, of which the ballyboe, with occasional sessiaghs, was the denomination which eventually merged in the general townland. The divi- sions in Donegal were ballybetaghs, descending to quarters, baliyboes, and sessiaghs, of which the ballyboe, with the occa- sional sessiaghs, was the denomination which eventually merged in the general townlands. In Londonderry it was found by inquisition that thirteen baliyboes were equivalent to the ballybetagh. In Armagh the prevaihng denomination was the " ballyboe or town," which contained three sessiaghs; in several instances we meet with proportions of ten baliyboes in this county, which were estimated at 1,000 acres, that is 100 acres, with their appurtenances, to the ballyboe. In Tyrone as in Armagh, the ballyboe or townland was the prevailing denomination, and contained three " sheshawghes " or ses- siaghs ; it had besides a compound denomination called tul- la/jh, consisting of a ballyboe and a sessiagh, that is, a town- land and a third. The popular division of Longford was the cartron, which was estimated at from 60 to 160 acres; four of these made a quarter or ploughland. The cartron is repre- sented by the modern " townland." In Louth the carucate or carewe, of which 120, sometimes 60 acres, were the prevailing contents. Meath had the plowland, and under it the carucate and townland. In the direction of Cavan we find the poll. Westmeath had the cartron and carucate. An inquisition finds three carucates to consist of 360 acres, or 120 acres each. We also meet "a half carucate," otherwise a "half plowland." The county of Dublin was considerably subdivided. The prevailing denomination was the plowland or townland. Kil* dare was similarly distributed. Wicklow had villse, villatse hamlets, lands, and cowlands, or baliyboes. The divisions of Carlow were mart-lands or beef-lands, and fractional parts, also penny-lands ; the half and quarter mart-lands are now represented by the toAvnlands. Thus, too, in Wexford besides quarters, carucates, and plowlands, we find an inquisi- tion which sets out the barony of Ballaghkene as containing Iviii PEEFACE. thirteen mart-lands. In Kilkenny, also, we find the carucate and mart-land ; it had besides a denomination called capell- lands, three of which made a plowland, and a subdivision called a horse's-be'd or horseman's-bed, containing twenty or thirty acres. King's County had the carucate and cartron. The English of Waterford reckoned by plowlands ; the native Irish by mart-lands and the subdenomination, horsemen's-beds. Tipperary had capell-lands of about 400 acres, English mea- sure, each capell-land containing four quarter-meers. Limerick reckoned by quarters, each divisible into four quarter-meers ; it had also a subdenomination called a gnieve. In Cork we find the plowland Latinized carucata, and the gneeve a sub- denomination. In Keiry the divisions were quarters and plowlands as one to three, each plowland estimated at 120 acres. In Connaught the prevailing distribution was into townlands of vague import ; quarters, the fourth part of the former; cartron, the fourth of a quarter; gneeve, the sixth of a quarter. The cartron was computed at thirty native acres."(a) Sir John Davis, in one of his letters, states that " Monaghan (though but a small county) was divided into five baronies, 100 ballybetaghs, and 1,600 tates (or subdenominations), each containing about sixty acres. Many of these have Eng- lish" as well as Irish names ; and some have two or three of both." He adds that the Gavelkind laws multiplied subdivi- sions to such a degree that almost every man had a patrimony, and, were it but an acre or two, called it his " country." All grants of Seignories made in Ireland were in consid- eration of the homage and service which the grantees and their heirs should render to the Crown, such service compre- hending military and pecuniary aid towards the defence and preservation of the King and his realm. In consequence, those estates were held to be but stipends or fees assigned for the maintenance of those from whom such important duties were expected ; and where the possession of such seignories might be considered as tending to the danger of the King or his people^ we have instancesW of the King seizing the cas- (») Reeves's Townland Distribution of Ireland. tREFACE. Hi ties, and resuming the estates before granted by him or his predecessors. In furtherance of this system, we find many- entries on the Rolls, of grants occasionally made in money to fortify and repair the castles of the barons, who by war or otherwise, were unable to do so themselves; and when any seignories came into the King's hands by mi- nority, escheat, or absence on the King's business, the care, defence, and munitioning of them were duties assigned to the King's Justiciary or his Lord Marshal. From these circumstances it must be evident that the defence and maintenance of the seignories granted to the barons, and by means of which their services to the Crown were to be rendered, were duties understood and imperative, and that they were so considered abundant records testify. Thus, in the 2° of John we have his writ, wherein he commands those holding estates in the Marches to strengthen their castles against the Feast of St. John, so that damage may not arise to his realm as theretofore ; otherwise he will resume those estates, and give them to others who will fortify them. Under a similar threat the citizens of Dublin were ordered to fortify their city, which they held of the King ; and in the year 1220, it was a matter of grace shown towards the King's Marshal of Ireland that his lands were not forfeited and seized into the King's hands for his neglect in leaving them unfortified. The reign of Henry VIII. was distinguished by an uncom- mon accession of property, which was as profusely distributed as it had been unjustly obtained ; yet the firmness of H«iu"y's character in Ireland appears evident by the general and in- stant revolt which threatened the dawn of his successor's reign. Elective chiefs of Milesian race had been seduced or awed by Henry to accept the descendible rank of nobility, whereby paternal feelings superseded faanily pride, and a power derived from Brehon law, or native customs was wisely directed to its complete subversion. Such, also, was the progressive strength of that principle, that the government of the young Prince, aided by those interested nobles, quickly enforced a general bedience. It alsti assumed another position worthy of notice (a) Castleknock. PREFACE, and which partook alike of the policy and justice of English law ; the Privy Council or Superior Courts encouraged the complaints and redressed the grievances of dependent Irish septs. This sagacious system rent asunder the link of Mile- sian union, and enlisted, at no expense, inveterate enemies to its continuance. Persons acquainted with the habits, preju- dices, and language of the inferior classes, were thereby in- terested in exercising all their influence in exploding customs opposed to the common law. Religious disputes did not during this reign enforce any material deviation from existing law, or much inflame the civil disorders of the country ; but a new sovereign assumed the sceptre, whose policy and pre- judices clashed with Edward's reHgious creed. AU writers agree that so late as the age of Elizabeth, one- half or three-fourths of Ireland had returned to pretty much the same state of civilization in government and language, in usages, religion, and laws, which at the landing of Henry II. prevailed over the whole of it. Elizabeth found the great body of the natives no longer suppliant for the ex- tension of the English laws ; infuriated by the government of many preceding years, they, in common with some of the most eminent families of English descent, to whom they had been now allied by intermarriage and otherwise, had proffered their allegiance to foreign crowns ; under those circumstances the Queen, as appears by her records, endeavoured to reclaim those subjects of English descent who had withdrawn from the authority of her government, and to detach them from those alliances and connexions which s'eemed to threaten her authority. Need we wonder, therefore, that she partook of the feelings of some of her predecessors, and that on the escheat to the Crown of territories by forfeiture, her Majesty strictly prohibitedW the regranting or subletting of any portion of those territories to the native Irish, whose existence by this time, as a people, seemed to her advisers almost incom- patible with the maintenance of EngHsh government in the country. Even when granting estates in Ireland to subjects born in England, and whose attachment to her interest was (») Commission for Plantation of Munster, PREFACE. Ixi undoubted, it became usual with the Queen to order the in- sertion of clauses in their patents, whereby it was provided, in case daughters succeeded to those estates, that such daughters should " be bestowed in marriage to noe persons but to such only as be of English birthe for two descents successively to followe."(a) Many of Elizabeth's grants are to be found cer- tainly, by which favours were conferred on the native chief- tains ; but some of those grants conveyed the chieftaincy and estates to junior, or spurious members of the sept, in opposition to the then acknowledged chief; others conveyed the estates of the whole sept to the chieftain, and to the heirs male of his body, though only deriving from the sept, according to their laws, the usual life interest in such estate ; and most of the other seeming instances of royal favour evidently proceeded from similar motives, namely, the creation of internal dissen- sions amongst the septs, and the total annihilation of that spuit of clanship which had so long preserved the power and influence of the natives. To further these views, fortresses were also erected, or newly munitioned, and largely endowed with landed estates for their maintenance ; many of those were garrisoned with governors and military companies on the no- mination of the Crown (pp. 4, 36, 65, 151, 465), and even at the present day, some of those fortresses, with their original endowments, exist; while several of them were granted to experienced English officers, and their heirs male, with a cautious clause, that during the minority of such heirs male, the government of Ireland should have power to appoint a sufficient military guard for defence of the castles and estates, and that the minor should be chargeable with the expenses of " ten hable soldiers " for that purpose. Many other of the State measures of Elizabeth's reign evince an equal tendency to a revival in Ireland of that feudal spirit which had so rapidly declined in England. Force was abso- lutely necessary; but the idea of a regular standing army was Httle understood, and, therefore, recourse was had to a rigorous revival of that ancient system of military government under which a footing had been first made in the country, and which (a) Rot. Mem. 24°, 25°, 26°, Elizabeth. Ixii PBBFAOE. there, as in Scotland, had not yet entirely fallen into disuse. Amidst such arrangements the nobility were not forgotten ; for when the Queen, to effect an increase of her revenue, appointed Commissioners for disposing of the wardship and marriage of her tenants in capite, she specially reserved for her own disposal the wardship and right of giving in marriage of all her barons and other superior peers in Ire- land; and a Statute was passed in the eleventh year of her reign, whereby it was made treason for the Irish to nurse or foster the children of her Irish nobility. By this means she retained a considerable check on further alliances with the natives; and seeing the numerous intermarriages that had taken place before her time between them and her nobles, and the consequent possibility of large districts vesting through females in declared enemies, or at least doubtful subjects, her Majesty fully sanctioned the ancient usage of limiting their estates and dignities to heirs male. Though legal materials of most extensive import, and in uncommon variety, occur in the reign of Elizabeth, the lead- ing maxim of her long and successful reign was to enforce, with steady aim and persevering counsels, every measure which tended to extend or confirm a complete model of the English constitution, with the full benefit of the common law in this island. The confiscation of the southern counties presented a new and unexampled precedent, which a perfect knowledge of Enghsh law, unsupported by the imperfections of Irish prac- tice, would disable an honest man fi:om carrying into effect. Thus, the election of an Irish chieftain was not allowed to have any weight in Irish Courts against the descendible quality of fee-simple estates ; yet the treason of such chief was considered conclusive proof of a right sufficient to defeat all derivative interests, and vest the property, without office or inquisition, in the Crown ; living within a rebellious district was evidence sufficient to constitute the guilt of treason against the party so circumstanced, and enforce from him proof of active loyalty. Being slain, flagrante bello, was deemed rebellion, and constituted an immediate attainder, in which instance PKEFACE. Ixiii the heir was irrevocably bound, and could not success- ftllly siipport his right by showing that hjs ancestor acted under compulsion, or suffered by martial law. These con- fiscations, anomalous to common law, were, however, en- forced by the rapacity of the administration and the cor- ruption of the judges. The boundaries and claims of church lands, and the possessions of the monasteries, also afforded an extensive field for litigation and doubt; add to these the con- tradictory grants of the Grown, with the artful and fraudulent claims of existing and reversionary patentees ; such a state scarce needed the additional abuse of that ancient prerogative which presumes all landed property to flow directly from the Crown, and throws the necessity of showing a title on the possessor. The legal harvest afforded ample room for pro- fessional discussion in arranging the conflicting rights of complaining natives, rapacious courtiers, and intriguing adventurers. Such was the actual state of Ireland during the period embraced by this volume. The successful rebellion in the north had nearly reduced the kingdom to the lowest depths of misery, anarchy, and confusion. Elizabeth herself says, " she is sick at heart, and knows not what to project ; the very mention of the subject makes her sick and ill." The province of Connaught had been divided into six counties — Galway, Sligo, Leitrim, Mayo, Roscommon, and Clare, which last county included Tho- mond ; but no justices of assizes were yet sent to those coun- ties. Though the province of Ulster came to the Crown so far back as Edward IV., through his marriage with the heiress of De Mortimer, and by the subsequent Statute of the 11° of EUzabeth, no actual possession was taken. The Irish still possessed their lands by the strong hand ; and, as we are informed by the Inquisitions, finding the title of the Crown to those northern counties, the abbey lands called Teimon, or Herenagh, were possessed by the clergy; the Bishops of Clogher, Derry, and Raphoe, were still nominated by the Pope, and "the Archbishop in his own diocese, the Bishop of Clogher and the Bishop of Derry, from time to time, until the Ixiv PREFACE. arrival of the Pope's bull severally collated to every void parsonage, and the party so inducted remained in the bene- fice till the bringing of the bull" — (p. 134, note.) Sir John Perrott, shortly after his appointment to the office of President of Munster, suppressed the rebellion which broke out in that province; and now the Plantation (p. 172) had become a favourite scheme, projected by Sir Thomas Smith, Secretary to the Queen, to provide for his son in Ireland, when the attempt was suddenly defeated by the assassination of Smith by the treachery of O'Neill. Devereux, Earl of Ulster, attempted to plant another district in Ulster with English settlers ; impediments were interposed by the jealousy of Fitz- William; his associates repented of their engagement, and withdrew to England. In the meantime, Sir Peter Carew reclaimed MacMurchad ; the sons of Clanrickard were reduced to submission and pardoned, and Desmond was obliged to renew his proffers of allegiance, which afforded Essex an opportunity to resume hostilities in Ulster; various circum- stances conspired to defeat his operations, and he died a victim to vexation and disappointment. Sir Henry Sidney succeeded Sir W. FitzWilliam in the government of Ireland. He appointed Sir "William Drury, President of Munster, where he held his courts. He adminis- tered justice impartially, enforced a strict observance of English manners, dress, and language; and succeeded in introducing and executing the English laws within the liber- ties of Desmond. Sir Nicholas Malby succeeded to the presidency of Con- naught ; and her Majesty, by letter dated last of March, in the 21st year of her reign, instructed him to unite the county of Thomond to the government of Connaught, as it had been in the time of Sir Edward Fitton, and that Connaught should be restored to its ancient bounds (p. 19). And for a time the entire country wore an aspect of tranquillity, until the dis- proportion between the revenue of the country and the charge of maintaining the English power, induced Sidney to conceive a project for converting the casual assessment or contribution into a perpetual " composition," exacting it from PRBFACft. IxV ail without distinction. He proceeded to a general imposition of the new tax by authority of the Council, and by virtue of the Queenls prerogative. Ormond, Kildare, Gormanstown, Dunsany, and others of the Irish objected, and prayed that the imposition might be moderated; the Lords and Gentlemen of the Pale, adhering to their declaration, were committed to the Castle, and their agents in London to the Tower. Sidney subsequently was instructed to bring this affe,ir to some speedy acconunodation, and a composition was settled between the Council and the Lords of the Pale (p. 476). Sir William Drury (p. 23) succeeded Sidney, and after a protracted warfere with Desmond, committed the charge of the army to Sir Nicholas Malby, with instructions from Mr. Secretary Walsrngham to unite the country of Thomond to the government of Connaught (p. 18) ; and he was proceeding to reduce the castles of Desmond, when the death of Drury determined his authority. Meanwhile the Irish Council ap- pointed Sir William Pelhan, Governor (p. 27), until the Queen's pleasure should be known ; who prosecuting the expedition against Desmond and his adherents, reduced them to the last extremity, when he was recalled on the arrival of Lord Grey, his successor (p. 29).W The Earl of Ormond succeeded Lord Grey, in the year 1581 ; and as the insurrection was almost wholly extinguished, and Desmond killed in a skirmish, a pardon was offered to those who would come and ask the benefit of it. Grey was recalled. Loftus, Archbishop of Dublin, and Sir Henry Wallop, were appointed Lords Justices (p. 31), and the Queen (•) Spenser, the poet, accompanied they could find them : yea, and one an- Lord Grey as Secretary, and he has other soon after, insomuch as the very left us the following narrative of the carcases they spared not to scrape out of consequences of his patron's adminis- their graves ; and if they found a plot tratiou : — " Notwithstandmg the pro- of water-cresses and shamrocks, there vince of Munster was a most plentiful they flocked as to a feast for the time country, full of corn and cattle, yet in (yet not able to continue there withal) one year and a-half they were brought that in a short space there was none al- to such wretchedness, as that any heart most left, and a plentiful and populous would me the same ; out of every comer country was suddenly left void of man of the woods and glens they came weep- and every living creature." And such ing forth upon their hands, for their legs was the tyranny practised by Lord Grey could not bear them ; they looked like that it was represented to the Queen anatomies of death ; they spake like " that little now was left her in Ireland ghosts crying out of their graves ; they to reign over bnt ashes and carcases " Old eat the dead carrions — ^happy when Ixvi pii1:face." sent them directions for the defence of the pale against the O'Moores and the O'Connors. The death of Desmond, and the extinction of the rebellion, threw into the hands of the Crown the vast tracts forfeited by Desmond and his adherents, and which were now to be parcelled out to new possessors ; for which purpose a commission of survey was to be appointed. In 1584 the government was committed to Sir John Perrott (page 72), and he appointed Sheriffs for the counties of Con- naught, Clare, Galway, Sligo, Mayo, Roscommon, and Lei- trim ; and Sir Richard Bingham was appointed Lord President of Connaught. The Ulster chieftains surrendered their pos- sessions and received -them again, subject to English tenures ; they consented to a coiiiposition whereby 1,100 soldiers might be maintained in that province without charge to the Queen ; and Perrott projected a division of the un-reformed parts of Ulster into seven new counties, Armagh, Monaghan, Tyrone, Coleraine, Donegal, Fermanagh, and Cavan, for each of which the Queen appointed Sheriffs, Commissioners of Peace, and Coroners. He issued a commission for establishing a com- position in Connaught, in the place of assessments for the maintenance of troops, which the inhabitants readily granted ; every obstacle was removed to Perrott's scheme of repeo- pling Munster with an English colony, and Sir Christopher Hatton, Sir Walter Raleigh, Sir Thomas Norris, Sir Warham St. Leger, Sir George Bouchier, and others, received grants of large portions of land for the purposes of the plantation (p. 324). - The De Burgos in Connaught insisting that no Sheriff should presume to enter their territory, and that they would be governed by a chieftain, as in ancient times, called forth the decision and energy of Bingham's character. He caused the law to take its course with inflexible rigour; the insurgents were pursued to their retreats, and Bingham, by a decisive and signal victory, extinguished, for that time, the rebellion in Connaught. Perrott, before his departure summoned a number of the Lords and Chieftains, and exhorted them to give sureties for their peacefiil conduct by delivering hostages to the government; to which they consented. He then delivered PREFACE. Ixvii the sword of state to his successor, Sir William FitzWilliam (p. 157), declaring that he left the kingdom in peace, and that he would engage to bring in any suspected leader, without violence or contest, on twenty days' notice. FitzWilliam arrived in Ireland on the 23rd June, 1588, and on the Sunday following in Christ Church, presented her Majesty's patent, which being read by the Master of the KoUs, he took the usual oath, on his knees, " divers and sundry of the nobility being present" (page 157). He parcelled the coiihtry of Tyrone into a shire, and diArided it into baronies after the English model, and established a composition for pm'veyance in Munster for three years. Tyrone, who had for some time past, kept at a secure dis- tance from the seat of government, at length presented him- self before Sir William Russell. He was allowed to depart, contrary to the advice of Bagnal, and to the private opinion of RusseU himself. It was not long, however, until Tyroiie stirred up commotion again in the north, and Sir John Norris was despatched to subdue him. He was invested vnth supreme command in military aflFairs in the absence of the Lord Deputy. Tyrone managed to negotiate ; and so confident and plausible were the clamours and accusations against Bingham, that he was arrested, conveyed to England to answer those com- plaints, where her Majesty, refiising to see him, sent him to the Fleet; and when Sir Conyers Clifton was appointed his successor, Bingham was obliged to return in custody (p. 472), and was actually tried in Athlone before Commissioners appointed for that special purpose; but being acquitted, as it was evident her Majesty inclined most favourably towards him, he was again employed in her service. On the death of Norris, Lord Burgh commenced military operations against O'Neill, but his sudden death abruptly ter- minated his career (p. 463), and the Council appointed the President of Munster, 'Sir Thomas Norris (p. 462), the imme- diate successor of Su- John, Lord Deputy ; while to the Earl of Ormond was intrusted the military department (p. 484), with the title of Lord Lieutenant of the Army. On the defeat of Bagnall, the Queen at first selected Mountjoy to be Lord ' e2 Ixviii tREPACE. Deputy, but the favourite Essex objected " that this lord had not sufficient experience in the art of war, and that his retired and studious life was ill-calculated for a career which demanded vigour and activity," and succeeded in obtaining the appointment of Lord Lieutenant for himself (p. 520), with more extensive power than almost any Governor had enjoyed before him, besides the extraordinary power of restoring to all rebels and traitors their dignities, honours, titles, ranks, pre-eminences, of granting or demising forfeited territories, counties, and dominions, to hold to the grantees and the heirs male of their bodies ; and he, in common with his predecessors, possessed the power of summoning Parlia- ment at his pleasure, without the sanction and even without the knowledge of the Queen ; he was authorized to pardon all treasons, even such as immediately affected the Queen's person; and to remove officers, and to confer all dignities. He was left to conduct the war at his own discretion, and he was furnished with an army of 20,000 men — a force which was then considered irresistible. On the deaths of Sir Warham St. Leger and Sir Thomas Norris, Mountjoy was appointed Lord Deputy (p. 564),(a) Ormond was continued Lieutenant of the Army, and Sir George Carew was nominated President of Munster, that office being vacant since the death of Thomas Norris (p. 539). In a short period the greater part of Ireland, by continual wasting and spoiling, was reduced to a desert, and the insurgents, de- prived of supplies at home, were compelled to depend upon assistance from abroad ; and this they were enabled to procure with the Queen's own treasure, a large portion of which fell into their hands. The expenditure of the war now amounted to nearly half a million a year; and it was ascertained that by the regular payment of the army in sterling money, a great quantity went into the hands of the Irish, either by inroads and plunder, or indirectly through commerce, and was used in procuring from the continent a regular supply of arms, ammunition, and (a) The history of Mountjoy's govern- more at large the proceedings of the Lord ment has been handed domi by his lord- President of Munster. The I"* ''e"»»° ship's secretary, Fynes Moryson, and in of the history of this penod wJl be found the " Pacata Hibernia," which relates in the " Annals of the Four Masters. PREFACE. Ixix provisions. The Government resolved upon an extraordinary method for remedying this inconvenience. It was a total ex- change of the sterling coin then used in Ireland for a base cur- rency, the use of which was restricted to Ireland. A proclama- tion (p. 578) was issued, establishing an exchange in several towns in England as well as in Ireland, where the subjects of either kingdom might commute their coins, allowing a diflfer- ence of one shilling in the pound between the Irish and Eng- lish standard. As this new coin passed at a nominal value much above its intrinsic worth, it was of little use in purchas- ing provisions or ammunition in foreign countries, so that of course the new scheme reduced the rebels to greater distress than ever. But it was soon found that it had also incon- veniences as great as the advantages expected to be derived from it. Merchants made it an excuse for raising the prices of all articles of commerce, and great sums of counterfeit money coined by rebels and strangers were thrown into circulation ; "so that," says Moryson, speaking in the name of the army, " the exchange soon failed, and our hearts therewith ; for we served there in discomfort, and came home beggars ; so that only the treasurers and paymasters, who were thereby in- finitely enriched, had cause to bless the authors of this inven- tion."W Connected with the proposed reforms at this time, was the estabhshment of an university in Ireland (p. 227). In the reign of Edward III. two successive archbishops suggested a scheme for establishing a university. The first was projected by John Leech, Archbishop of Dublin, in 1311 ; and Archbishop Bicknor, in year 1320, founded, under the Papal (a) On the Plea Roll of tiie 27° Edward England, but ;long aince disused— usque 1. lay plaoita parKamenta smA communia ad aummam, £865 18«. lid poUardo- pladta. In this Parliament several or- rium, and £185 sterling Rot. Mem dinances were made ; one against the 33° Ed.' I., M. 18. importation of Pollard and Crocard A Parliament was summoned bv Ed- money, and for the regulation of the mond Earl of March, who, in the year currency. Pollard was a sort of spu- 1423, had been appointed Chief Gover- rious coin which, with crocards, had nor, at which Acts were passed, amongst been long since prohibited.— Mat. Wes- others one for punishing offences against ton.— In anno 1299, Pollards, crocards, the coin, declaring that the coin should staldings, eagles, leonines, and steepings, be restored to the English standard, were several sorts of money used in Ixx PREFACE, sanction, an academical body, with full power to confer degrees, and which with diflSculty was supported for the space of thirty-eight years. The endowment was enlarged by Edward the Third, who by writ granted protection and safe conduct to the students. The institution languished for a few years amidst commotion and anarchy, and at length expired. Leland observes that the penetration of the founder was not equal to his zeal. But though Ireland at that period was no place for an university of arts, science, and literature, the Bishop of Ossory showed himself skilled in the science of witchcraft and heresy. A woman and three men were brought before the Spiritual Court: three were burnt for heresy, and one died in prison. " For though one of the charges against the woman could not be proved, at least clearly — namely, witchcraft — yet, on a new accusation for heresy, she was condemned to the flames.'' At length the charge of heresy recoiled upon the bishop himself. He was obliged to fly, making an ineffectual appeal to the apostolic see. The project for an university was not entirely forgotten, and still retained its name — at least, so late as the reign of Henry VII. An Irish ParHament had, in the year 1465, 1° Edward IV., passed a statute that an university should be established in Drogheda,(a) with the same liberties and privi- leges as were enjoyed by Oxford, but this, like similar Irish Acts, was forgotten in the tumult of the period.W In the beginning of the reign of Henry V. the Enghsh Parliament were compelled to take notice of what were called the adventurers from Ireland. It was enacted that aU such (») See vol. 1., page 355. yearly to one James Madock six marks, (b) In a Parliament held at Dublin in until the said James should be promoted the year 1475 was passed the following to a competent benefice, wlm is at Oxford, j^ct . 11 Likewise at the prayer of studying at the University, and by the Richard, Abbot of the houae of St. ^ace of God purposes to be a doctor of Thomas' the Martyr, near Dublin, and divinity ; whereupon the premises con- James Aylmer : Whereas John Walter, sidered, forasmuch as there aire but few parson of MuUahudart, had given and in this land who are able to teach or preach granted to the abbot and James all the Word of God, it is ordained and manner of tithes and alterages belonging enacted that tlie said James Madock to the parsonage by deed dated 1 Nov., shall have the six marks yearly of the in the thirteenth year of our sovereign tithes and alterages, untU he be promoted lord that now is, in perfect confidence to a competent benefice." — Original Sta- that the abbot and James should give tute Roll. PBEFACE. Ixxi should depart from England, making no distinction of any, even the most reputable descendant of English race. The Irish students who resorted to England for education, though ex- pressly excepted in the Act, were excluded from the Inns of Court ; thus they were denied access to tie laws by which they were in future to be reclaimed and governed. Not much in- struction was to be gained by the Irish in their own country, for we find early in the reign of Edward VI. " teaching and preaching were" utterly neglected— indeed, not so much as thought of, unless occasionally, as when the Chancellor once exclaimed: 'How should men know their duties, when they shall not hear teaching or preaching from one end of the year to the other.'" So far from the Enghsh language pervading the remote parts of Ireland, the Irish language was then the predominant one used in the Pale itself. The parliaments of Ireland held in the 9° of Henry V. and 7° of Henry VI.,(a) made representations to those Kings, among other grievances, of the hindrances which Irish students of law met with at the Inns of Court .in London, when they went there to study, in which the unity of practice of the laws in both countries is set forth. In the parliament of 1569 Sir Henry Sidney had recom- mended to the Lords of the Council in England the re-estab- lishment of the university once erected in the church of St. (a) Tour lieges show that they are menta giving, after your laws used in governed and rvded by your laws used in England, and the lemed men here, your the realm of England, to acquire a laws, lemet in Innes of Cort, in your knowledge of which laws, and tobeweU relme of Englande, into uowe late that informed therein, your lieges have sent thei bejTi refused to he had in Inns of able persons of English blood bom in Cort contrary to that hath ben usedafor your land, to thelnna of Court (Hostellea this time. We beseeche you that orde- de Courte), where, from the time of the naunoez be made yere that yore liege conquest of your land, they have ever people of this land that comyth the^r been received, until lately the Governors for ther lemynge may be reseayvat into and Company of the Inns have refused, Inns of Cort as they have ben of old and would not receive those persons into tyms : so that your lawes in this land the Inns, as they had been accustomed to may be contynuet forth; considering do. Therefore, may it please your most that ellwys whan yese that nowe beyn gracious Lordship to consider this mat- here lamet beyn dede, there shall be none ter, and ordain due remedy, that your m this land that shall conne vour lawes law? may continue and not be forgotten lasse than it be lemet yere" the which in the land.— 9° Henry V. will be a great disprofit for yoi, and ercte Forasmuch as your laws of this land, hynderyng for us your poor lieges —Slot in every of your courts, at all times have Claus. Hibl 7° Henry VI. byu used, both in pledyng and juge- Ixxii PREFACE. Patrick ;(a) but nothing Mowed on it. Finally, Sir John Perrot projected two universities, to be erected in Dublin, out of the Cathedral of St. Patrick, which he recommended to be dissolved. But this scheme was opposed by Loftus, Archbi- shop of Dubhn, who was interested in the livings of the church by leases which had been procured for himself and his kins- men (p. 563). On the recall of Perrot, Loftus, to make some amends to the interests of learning and religion, fixed his eye upon part of the estate of the city of Dublin. The monastery of All-Hallows had, at the dissojution of the religious houses, been granted to the mayor and citizens: to these Loftus made (») Sir Henry Sydney, writing on the state of the Irish church, says : " I would not have believed had I not for a great part viewed the same, throughout the whole realme, and was adverticed of the particular state of each church of the Bishoppricke of Meith (being the best inhabited countrie of all this realme) by the honest, zealous, and learned Bishop of the same, Mr. Hugh Brady, a goodly minister for the Gospel, and a good ser- vant to your highness, who went from church to church hymselfe, and founde that there are within his Diocese 224 parishe churches, of which number 105 are impropriated to sondrie possessions, now of your highues, and all leased out for yeres, or in fee fanne to several far- mers, and great gayne reaped out of them above the rent which your Majesty receiveth : no parson or curate resident upon any of them, and a very simple and soarye curat, for the most parte, apointed to serve them : among wliich number of curata, onelie eighteene were found able to speake Englishe: the rest Irishe priests or rather Irish roges, having very little Lattin, less leminge or civilite : all these live upon the bare alterages (as they tearm them), which, God knoweth, are very small, and were wont to live upon the gayne of masses, dirges, shryvings, and soch like tromperye good- lie abolished by your Majestie : no one house standinge for any of them to dwell in. In many places the very walls of the churches downe ; very few chancels covered, wyndows and dores ruined or spoyled. There are 52 other parish churches in the same dioces, who have vicars indued upon them, better served and maintained than the other, yet but badlye. There are 52 parish churches more, residue of the first number of 224, which pertaine to divers particular Lords, and these, though in better estate than the rest commonly, are yet far from well. If this be the estate of the church in the best peopled dioces, and best governed countrie in the realme (as in troth it is), easye it is for your Majestie to conjec- ture, in what case the rest is, where little or no information, either of religion or manners, hath yet been planted and con- tinued among them If I should write unto your Majestie what spoyl hath been and is of the Archbi- shopricks, whereof there are fewer, and of Bishopricks, whereof there are about 30, partlie by the prelatts themselves, partly by the potentates, their noysome neiglibours, I should make too long a libd of this my letter. I do wish that you would write to the Regent of Scot- lande, where, as I learned, there are manie of the reformed church, that are of this language (the Irish), that he would prefer to your Highness so many as shall seem good to you to demand, of honest, zealous, and learned men, tliat could speak ttiis (Irish) language. I find no difficultie, but that your ofiicers here might execute the same, cause the Bishops of that your realme to undertake the Apostleshipp, and that upon their own charges, they be right enough, and if either they be thankful to your Majes- tie, for your immense bounty to them, or zealous to encrease the Christian fiocke, they will not refuse this honorable and religions travail ; and I will undertake their guyding and gardinge honorably and s^ely, from place to place." PREFACE, Ixxiii two fine speeches, recommending to the citizens religion, charity, public spirit, and national liberality in the character of strangers, which, he trusted, would find a reception in their breasts. The corporation generously and immediately granted the monastery, with its precincts and possessions (p. 346), and her Majesty granted a royal chatter of incorporation on the 3rd March, l595, with licence to take that or any other gift it might obtain not exceeding the annual value of £400. Loftus was made the first Provost; Cecil, Lord Burleigh, the first Chancellor, which last ofiicer it was provided should in future be elected by the Fellows and Provost. It was further ordained that the Provost himself should be elected by the Fellows, the fellowships being held for a period of seven years only ; while the Archbishop of Dublin, the Bishop of Meath, the Vice-Treasurer, the Treasurer-at-War, the Chief Justice, and Mayor of Dublin for the time being, were constituted visitors (p. 346). The increase of English power during her Majesty's reign appears from the subdued tone of the Irish chieftains in their submissions ; and in December, 1602,(a) the Queen despatched an order to the Lord Deputy Mountjoy, to grant a general pardon to all the inhabitants of Munster of what condition or state soever, to remove them from all suspicion of impeach- ment for their former offences, " whereunto," adds her Majesty, " the greatest'part of them have been violently carried rather by the power of the arch-traitors (whom she excepts from pai-don) than by any wilful defection in their loyalty. And to the end the people, wasted with the misery of these wars, might not be burthened with expenses in obtaining their pardons or putting in security for the peace, even when needful, her pleasure was that the fees of the seal should be either wholly remitted or so moderated by the Lord Deputy and Council that her subjects might have cause the more dutifully and gladly to embrace her princely clemency and bounty, in that her gracious and free pardon." In less than two months after the publication of this order, upwards of 4,000 of the inhabitants of Munster submitted for protection (») Pacata Hiberaia, page 627, Ixxiv PREFACE. to the Lord President ; all those, however, contrary to her Majesty's command, his Lordship compelled to " put in pledges."(a) (a) Submisfflon of Shane O'Neill. — My singulai good Lord, I may and hum- bly do refer my duty and readiness at aU times to serve her most excellent Ma- jesty, to your Lordship's honourable consideration. It hath been heretofore most graciously accepted and recom- pensed. Your Lordship hath, by your words and ■writing, vouchsafed to testify it to my comfort, and Mr. Strafford, here present, that hath worthily governed her Majesty's forces in Claneboy, by your Lordship's noble directions, I doubt not will report it; but my grsicious good Lord, I am not now to plead it, sith the late unfortunate act committed by my men, in killing of Hugh Oge, hath de- faced the reputation of it. I am heartily sorry for that ill fact so by them com- mitted, he being, upon the Governor's direction, to come unto your honour; yet, sith he was so casually met with and killed by my followers, whose men and kinsmen he had killed before, and also my brother, who was fostered by the chief nation under me, and the memory of my brother's blood, their fosterer, and their own kinsmen's death, did revive and stir in them such a natural passion on the sudden, as did overcome the fear of God, her Majesty's laws, and then: reason; I humbly pray that my sorrowful repentance may be some satisfaction for that rash, unadvised fact, happening through natural frailty, committed by my men, and not done of malicious purpose, I coming with as much speed as inay be to appease the matter, but could not prevail, they being so maliciously bent for revenge ; and that, therefore, your Lordship, of your accustomed goodness, mitigating the rigour of the law, will vouchsafe to extend her Majesty's mercy upon me, that do here upon my knees, as well of my heart as of my body, hum- bly and lamentably beg the same, be- seeching God to bless and preserve her Majesty's royal estate, and to grant your Lordship a continuance. with increase of happiness in government, which causeth me and all others thus humbly to submit and prostrate ourselves at your feet. Amen. Shame O'Neill. Submission of Soblw M'Donnell.— Most honourable Governor, it is and may be truly said, there is no unhappiness comparable to his that may say he hath been once in good estate, and is fallen from it through his own folly. Ainongst many others in that case, I may and do reckon myself for none of the least ; for being a man bom out of this realm, and gotten large possessions in the same, whereupon I lived, though I might claim none by inheritance, I have very incon- siderately presumed to think I might as well hold it as I got it, ty the strong hand. Carried on with this imagina- tion, as one ignorant of her Majesty's might and force, and withal, iU-persuaded by others, I uidiappily refused to come in to your Lordship as the rest of Ulster did, almost now two years past, thinking it might suffice for me, upon your Lord- ship's repair into those parts, to write a letter of some kind of observance unto you, with an offer, after a sort, to come myself also upon such capitulations as now, to my smart, I find were unmeet for me to make. But your Lordship having no mind, as it hath well appeared, to make advantage of my rash oversight, vouchsafed to license the Earl of Tyrone and Sir Edward More to send unto me such gracious conditions as I grieve to thmk that I refused them, and with the unadvised letter I writ to your Lordship, the haughty words I uttered, and the indiscreet demands I then made (to have men of far better sort than myself to be in pledge for me), were buried up in for- getfulness. I condemn my folly in leav- ing such men in the castle of Dunluce, within this her Highness' land as should say ; they kept it in the name and to the use of the King of Scots, a prince that honoureth her Majesty and em- braceth her favour. I sorrow for my perseverance in that purpose, whereby I have unjustly drawn her Majesty's force and whet her Highness' sword against me, which hath slain my son and most of my people, spoiled me of my goods, and left me with a few distressed, being in no way able to stand against her Majesty's force; wherefore I do prostrate myself at the feet of her Majesty's cle-- mency, submitting myself wholly there- unto, and most humbly praying to be restored only thereby, through her noble favour, that is accustomed as well to pity the humble as to suppress the proud FBEFACE. Ixxv The defeat at Kinsale utterly extinguished the hopes of the Irish. O'Neill surrendered, and renounced his name, dignity, and power for ever. Most of the Irish now made their sub- mission ; among the principal of whom was O'Dogherty of the North: during the spring of 1601 a great number of par- dons were granted to persons who had taken part in the insurrection (p. 576); at the beginning of May the Lord Deputy wrote to the Lords of the Council, "that Munster was not only reduced, but began to taste the sweetness of peace ; aiid there would be little doubt as to the fate of the rebellion in the north ;" the letters of the Queen now chiefly adverted to the treatment to be shown to those who made their submissions W ; and the close of her Majesty's reign and obstinate ; and I do most faithfully promise to depend for ever upon her Ma- jesty's gracious goodness, according to such conditions as it shall please your most honourable Lordship to afford me, on the behalf of her Highness, whom I pray God long to preserve. Amen. Tour most humble suppliant, SOKLIE M'DONNELL. Conor O'Brien, third Earl of Thomond, states that he was most grieved and re- pentant from the bottom of his harte for his transgression, most humbly beseech- ing his Sovereign to accept and allow his most humble trewe and undoubted de- termination as condigne amendes for his transgressions, which is, that during his natmral life (according to his wUl, power, and abilitife), he will observe and accom- plish all and singular the contents of the ensuing articles ; and for testimony thereof he took his corporal oath upon the Holy and Blessed Bible. He under- takes (inter alia) not tomarye, gossippe, or foster, contrarie the statute, without lycens. He will, by all ways and means possible within his reche and power, ad- vance and further the contents of the Common Booke, called the Book of Common Prayer, and administration of the sacraments, and likewise the injmic- tions set forth by her Highness. The " great " Earl of Desmond, on the 12thFebruary,1563,presentedhisliumble submission, arid concludes by stating, " As concerning the furtherance of reU- gion in Munster, for that having no know- ledge tn leaminge, he is ignorant what is to be done in that behalf; nevertheless, whatsoever the Commissioners should / determine, he was contented to further." I This day it is ordered in court that Donell M'Nemara, of Crappocke, In the countie of Clare, gent., shall not depart this towne before he enter assurance by recognisance to his Majesty's use in five hundreth pounds ster., that he shall not assume nor take uppon him the name of M'Nemara, as capten or chieftaine of the teritory or cantred of West Clancal- lan, as the barony of Bonratty, in the said countie. .^d that he the said Donell shall not hencef oorth at any time, either by himself or any to his use, reare, levy, or take upp any black rents or other rents, duties, and customes, properly belonginge to the name of M'Nemara, as to the capten or chieftane of that cantred phibited and abolished by statnt as being exactid and unlawfoU rents, duties, and customes ; and lickwlse that the said Donnell M'Nemara shall not take the distresses of any the free hold- ers within the said barony or cantred for any chief rents, duties, or customes, in- cident and belonging to the said name of M'Nemara as chieftain or capten, but such as shalbe due to him as holden of some maner or,castell, or otherwise, by licke auncient English tenure, until the same be ordered for him by orderly course of lawe. — Exchequer Orders. Edmund Peuume. (a) Her Majesty writes (to Monntjoy), "That the reducing the arch- traitor (O'Neill) by the sword, being the only Ixxvi PREFACE. witnessed the complete subjugation and pacification of the country. The Irish customs of tanistry and gavelkind were now abolished by judgment in the King's Bench, and the Irish estates made descendible according to the course of the English common law. The Brehon law was entirely abro- gated, and the English law substituted in its place was gradu- ally made more palatable to the Irish by the fair and imjjartial manner in which it was administered. The occasional introduction of some detached and gene- rally unimportant instruments relative to Ireland into the Foedera, is much to be regretted, as it must tend to an erroneous impression, that the edition embraces all necessary documents relating to that country, and may hereafter pre- vent the publication of a regular series of State Records or Acta Regia for Ireland. Such a collection would be of con- siderable importance, for the following reasons: — Some of the earliest and most authentic expositions or declarations that we now have of the ancient common law of England, are principally to be gathered from state documents issued for Ireland; most of the public events, transactions, and negotiations, in which the English kings were engaged at agreeable satisfaction she could receive of their submissions, and by wasting for the mischiefs fallen on her loving their goods to make their obedience more subjects by his iniquities, she conceived durable. That she judged one condition the most ready means for effecting the necessary — ^not to pardon any but upon same, was to draw from him the chief service done, not only upon those whom Captains of countries ; to which purpose particularly they hated, but upon any her pleasure was, that the Lord Deputy other as they should be directed. That should receive to her mercy such of them as an argument of her confidence inhun, as truly and humbly sought it, without she gave him power of war and peace, prescribing^liim any particular course only one thing she professed to see no who best knew all circumstances, only cause to leave unexempted, namely, the she gave this caution, to provide against pardoning of the arch-traitor, a monster former mischiefs — that whereas, com- of ingratitude to her, and the root of monly the rebels, fearing to be spoiled, misery to her people, thinking all other were wont to contract underhand with mercy than the proscription of him to the arch-traitor to submit themselves, all manner of prosecution merely incom- thereby, for the present, to save their patible with her justice, and, therefore, country, and to give succour's to the re- commanding not to receive him upon any bels 'creights ' underhand, and after the conditions but upon simple submission to return of the army to revolt again ; now, mercy for all things (life only excepted), he should consider the motives of their and to make this, her pleasure, known to craving mercy, and wliere he could not all his accomplices, persuaded by him ruin them without spending jnore time that he may be pardoned at his pleasure, and charge than the main action would and ao fearing to leave him, lest after permit, then to deal with them in a they should be left to his superiority and more easy manner, otherwise to give revenge." more sharp impositions in the conditions PHEfACE. Ixxvii home or with foreign powers, are detailed in writs and other records also transmitted to that country; and during the reigns of John and his immediate successors, the records hearing on Ireland disclose many essential data as to its history, and of public rights generally in both countries. Now, few of the records alluded to appear in the last edition of Rymer, and until they are published, we must lament the want of such valuable information. Laws and rights well known and observed formerly in England were not recorded, unless under particular or perhaps accidental circumstances ; but when such were transmitted for execution or observance to a distant kingdom, they were, of necessity, committed to writing, and preserved by registration for posterity, therefore no inquiry into the baronial or legislative history of England can be satisfactorily completed, without examination of all the records relating to Ireland previous to the middle or end of the fourteenth century. Whenever the Acta Regia for Ireland may be undertaken, it is hoped its execution will be intrusted to intelligent officers conversant with the subject of which they treat, and each of whom should have full credit for his individual labours ; by this means, and by ex- cluding all modern and erroneous copies of records as authorities, where originals could be found, with due atten- tion to the orthography of proper names, such oflBcers pos- sessing the necessary qualifications, would have every motive to produce a creditable public collection. The period embraced by this volume, namely, from the 18th to the 45th of Elizabeth, will be found pregnant with interesting and valuable information, and is, perhaps, the most eventful in the stirring period of her Majesty's reign. Many of the documents on those Rolls will be found of curious import, particularly those relating to the " Composi- tion," a proceeding with which our historical writers appear to have been little acquainted. Not, however, to the student of Irish history alone is the study of those records profitable. The lawyer cannot glance at their contents without forcibly contrasting the regal power Ixxviii PREFACE. then enjoyed with that which is now left to the sovereign of these realms after the many conflicts between the people and the crown. The information afforded by those records is no less varied than important. They serve as a storehouse of facts and documents for the use of the statesman, the lawyer, and the antiquary; nor will they be found, I trust, unworthy the regard of the scholar and the historian. To point out the nature of those MSS., to give a precis of their nature and contents, and to indicate where the record is to be found, is the object of this work. In vain we search among the pages of the historian for the interesting details they supply; they illustrate the condition of the people, the growth of the constitution, the operation of the law, and the tenure and descent of property, real and personal — trustworthy and deserving of notice by those who desire to know the early history of their own country. The topographer and historian will find here a harvest of authentic information, which to them must prove invaluable. It was usual to embody in the charter, when it conveyed manors, castles, or landed property, a description of the pre- mises so granted, the limits being described by metes and boimdaries, with such precision as to afford identification at a remote period. The advantage of having complete calendars to public records, seems in itself so obvious that it becomes matter of some surprise to observe how frequently their importance has been undervalued ; some barely and coldly recommend them as useful, others consider the want of them as of little or no inconvenience, and some others, which is still more to be regretted, seem totally unapprized of their value or use. It is to be hoped, however, that those errors, whether of opinion or practice, and which ignorance or prejudice may have occa- sioned, will soon be dissipated. A ready access to public records must, undoubtedly, be viewed as a matter of the highest importance, and, in proportion to its importance, it must be regretted that such ready access is not at, present afforded in many of our record repositories. The records are PREFACE. Ixxix • the people's evidences ; and by a Parliament of 46° Edward III., it was ordained that they should be accessible to aJl the king's subjects. I have ventured to preserve the ancient orthography, but to reject the abbreviations which abound in the letters of many of the writers of the period — ^a period when not only ortho- graphy was so imsettled, but grammatical rules were violated in the holograph letters of the most eminent, and of those who affected the greatest learning, it is often impossible to discriminate between the design and the error of the clerk. To translate and condense those mouldering memorials of a by-gone age, accumulated during centuries, when time and accident have in many instances rendered them almost illegible, has been my arduous task; but, as has been said by a learned reviewer, "he who sets about deciphering the worm- eaten archives of a nation, is like the hewer of wood and drawer of water ; he supplies, it is true, the wants of others ; he provides the materials for their fame, nay, for their vocation itself ; but at the same time he is painfiilly conscious that, though he undertakes what may be to him a labour of love, his services will be forgotten by those whose toil he has done so much to alleviate, and will be absolutely ignored by the great mass of the people." The humble, but laborious duty which devolved on me, I have thus endeavoured to perform— " communi ductus officio, et amore quodam operis." JAMES MORRIN. Rolls Office, Chancekt, June, 1862 CALENDAR OF THE PATENT AND CLOSE ROLLS, CHANCERY, IRELAND. VOLUME II 19 Patent Roll, i 9° Eliz ab eth.— i 57 6. TiUzabeth. Membrane 2, I. Grant to Sir Henry OoUey, in consideration of a fine of £40, of a caruoate of land in Barnone, the lands of Pottaghane and Clonacullen, in the King's county; To hold for ever by the service of the twentieth part of a knight's fee, as soutage runs; on condition that he will, when required, attend with his servants and tenants, armed, and provisioned for three days, on the Deputy or other Governor; perpetually keep a suitable horseman of English: name and blood for defence of the premises ; yield a plough-day or what- ever other service shall be required by the Constable of Phillips- town ; not use the Brehon law in any case against persons respon- sible to the law of England ; and his children and retainers shall use the English tongue, dress, apparatus; and rule; and on the first of every September attend the Constable with all the men tinder his rule, between the age of sixteen and sixty, reputed able to carry arms, for enrolment ; and he will not maintain or succour any of the Irish accustomed to arms, born out of the county. — Dvhlm, March 22, 19°. Membrane 3. 2, License to Sir Henry Colley to alienate the lands in the pre- ceding article mentioned— Z)u5M», iP'oi;. 13, 19°. Memhrane 4, 3. Surrender by Roger Pope, of Grangegorman, to Sir Henry Sidney, Lord Deputy, of the site, ambite, and precinct of the late Priory of Ballyndrohide, otherwise Ballendrete, in the Roches' country, in the county of Cork, with the rectories of Ballindrohide and Tamplerobin, in Barry Moore's great island, and Castleton, in the county of Cork. Memorandum of the acceptance of the surrender, Signed, H. Sydney. May 5, 19°. ■' VOL. II. „ 2 PATENT AND CLOSE KOLLS, [1576. ^9 In Dorso. Elizabeth. Membrane 1. 4. Letter from the Queen to Sir Henry Sydney, Lord Peputy, and William Gerrard, Lord Chancellor, directing the nomination of Thomas Dillon to the office of Chamberlain of the Exchequer, and Clerk of the Crown and Sessions of the counties of Meath, Wesfc- meath, Drogheda, Louth, and Longford. — Hichmmd, Aug. 2, 19°. 5. Assignment by Richard Moore, of Eossinde, to Richard Preston, of Athboy, James Maule,,of the same place, and John Owgan, of Rathbegan, Chaplain, of the lands of Caviston, in the barony of Dekin; Eossinde, Clonarne, Micheleston,. and Athboy, and forty acres of land in Molganston — Nominatiou of John Chamberlain, of Athboy, and Walter Browne, of Castleton, attorney, to deliver seisin and possession — Feb. 23, 4° & 5° Philip and Mary. 6. Intent of the preceding assignment j namely, that the feoffees shall stand sei«ed of the premises in trust for the use of Eichard Moore, for the term of his life, remainder to Luke, his second son, with divers remainders over. — No date. 7. Deed, wh'erety Sir Nicholas Deveroux, of Belmagir, in 'the coTinty of Wexford, knight, conveyed to Edward Power, of JfTothyll, in the county of Waterford, Walter Whytey, of Ballytege, Alex- ander Redmond of the Hooke, in the county of Waterford, and Edward Walsbe, of the city of Waterford, the Manor of Balmagir and other lands in the counties of Wexford and Kilkenny; To hold in trust for the use Oi the said Sir Nicholas Deveroux, for life, remainder to Dame Katberine, his wife, with remainder to such Tises as should be declared arid expressed by the wiU of the said Sit Nicholas. — Sept. 3, 12°. 8. Deed, whereby Sir Nicholas Deveroux, of Belmagir, conveyed to John , Eawcetor, of Rathmaoknee, Alexander Redmond of the Hooke, Richard Whittey and John Deveroux, of Norriston, the Manor of Adameston, in the barony of Ballyfeoke, in the county of Wexford; To hold for ever, in trust for the use of the said Sir Nicholas for life, and after his decease to such uses as should be expressed arid declared by his last will and testament. — Last of March, 1575. Membrane 3. 9. Will of Sir Nicholas Deveroux, of Belma^r, in thecounty of Wexford, knight ; directing his trustees, after the determination of the uses limited by the .preceding indentures, to stand seized of all his fortildices, castles, and lands, in trust for the use of Nicholas Deveroux, the younger, and his heirs male, remainder to James 1576.] CHANCERY, IRELAND, 3 Deveroux, second son of the said Sir Nicholas, remainder to Richard, 19 with divers remainders over. Elizabeth. Signed, Nicholas Deveroux. John Rawseter. Aprils, J 5'j^, Richard Whittey. 10. Deed, whereby William Shirwood, Bishop of Meath, and Simon Brown, of Kilpatrick, conveyed to Lewallane Nugent, son of James Nugent, certain lands which they had obtained from the Baron of Delvin ; To hold to the said Lewallane and his heirs male ; rendering to the Baron of Delvin 4s. a-year, and the service there- out due and of right accustomed ; and in the event of the death of the said Lewallane without heirs male, remainder to the right heirs of Christopher, Baron -of Delvin, for ever. — Oct. 14, 22° Ed, IV. Membrane 5. 11. Decree of John Garvey, Dean of the Holy Trinity, Dublin, Robert Wesley, Archdeacon of Dublin, Richard Belyng, Solicitor- General, and Robert Garvey, Master of Arts, Delegates, dissolving the marriage of Mariam Brereton wi CHANCERY, lEELAND. 49 late, because they remained waste above three years, in consequence *J of the troubles there by undutiful subjects, and in consideration of her Elizabeth, offering to build and re-edify the castles, houses, and churches, upon those lands which the rebels had lately burued, and other ways spoiled;" and enjoining her officers to have a special and careful eye that she should not lose her rents longer than necessity required — Castle of Windsor, Nov. 15, 1582, 24°. 65. The Queen to the Lords Justices, directing John Bourke to be created Baron of Leitrim ; her Majesty being informed by the Lord Grey, Governor of Connaught, and her council, of a composi- tion made between the Earl of Clanrickard and his brother John Bourke, and of the dutiful conformity of both, since the death of their father, the late Eatl, and amongst the articles of the composition it being thought meet that John Bourke should be enobled to the state and degree of Bai-on of Leitrim, in the country of Clanricarde, in order to encourage him to follow her Majesty's service with affec- tion and loyalty. — Manor of Eichmchd, March 14, 25°. Membrane 25. 66. The Queen to the Lords Justices, directing a lease in rever- sion, for 40 years, to be made to Stephen Water, of Cork, of the late dissolved Abbey of Ballybegge, in the county of Cork, with all its spiritualities, temporalities, lands, and tenements ; and as the same farm had been waste, without profit, by reason of the rebellion, in Munster, of the Geraldines, whereby Water was in arrear of rent for three years, her Majesty directs that time be given for payment until the waste alleged by him shall be ascertained by commission to be addressed for inquiry thereof. — Richmond, Feb. 9, 25°. • 67. The Lords of the Council in England to the Lord Archbishop of Dublin, Sir Henry Wallopp ; stating that the Countess of Kildare was returning into Ireland with her Majesty's good favour and licence, and requiring the Lords Justices to favour and help her and those who had authority to deal in any of the Earl's causes ; and directing amongst other things, that the lands and possessions of the Earl should be as favourably dealt with as the lands of other noble- men in the realm, provided it was not prejudicial to the composition made in the time of Sir Henry Sidney for the cess, according to an agreement made by the Earl of Kildare, and the Earl of Ormond ; and instructing them (the Lords Justices) to make a lease to the Earl of the spiritualities of Lecahill, for 21 years, upon the sur- render of his old lease, and that a reservation shonld be contained for a reasonable portion of corn meal, serviceable for her Majesty, for the victualling of her garrisons in such sort as her Majesty desired should be reserved on all demises of grain or tithes ; and her Majesty directs that no lease should be made of the lands which had been sold by the Earl, to Gerald Sutton, father of David Sutton, who was attainted, and which lands were of such consequence vol. n. 50 PATENT AND CLOSE KOLLS, [1583. »J to the Earl, that without them his other lands thereabouts could not EUzabeth. be well let or defended." Signed, N. Burghley. F. Knollis. Chr. Hatton. E. Leycester. James Crofts. Erancis Walsingham. H. Hunsdon. — Greenwich, July 29, 1583. Membrane 26, 68. Charter of Limerick reciting charters of Edward VI., Henry VII., Henry VI., Henry V., Henry IV., Edward II., Edward I., and Ring John, which it inspects and confirms, and at length reciting a charter of Henry V., dated 20th January, in the first year o:^ his reign, who, desirous to bestow greater favour on the citizens, pro- ceeds to grant to them, that although they or their predecessors had not fully used the liberties and allowances contained in their charters on any urgent occasion, nevertheless that they and their heirs might enjoy and use the liberties and allowances thereby granted without interruption or impeachment ; and in consideration of the great labours and expenses which the mayor and community had long sus- tained in resisting the Irish enemies, and in repairing and mending the walls of the city, the King granted that the mayor and community, their heirs and successors for ever, might assemble in a certain place within the city,and ordain ordinances and statutes fortheirad vantage, and elect a mayor and two bailiffs for the government of the city, to continue for one year, and so from year to year for ever. That the mayor should take his oath of fealty before the mayor who had been before him, and in his absence the oath to be taken before the citizens. That the bailiffs should take their oaths before the mayor ; and that the mayor and bailiffs might have cognizance of all pleas, real and personal, assize of ne.w disseisin, death of an ancestor, pleas of lands, rents, and tenements, within the city and suburbs, and of all contracts, plaints, and transgressions ; to arrest and attach any person, by his body, goods, and chattels, within the city, for contracts, transgressions, and plaints commenced and perpetrated within the city bounds, limits, and precincts of the franchises, and to imprison and punish them according to law when necessary, and permit them to go at large out of prison. That the mayor should be eschaetor, coroner, and inquisitor, and might have the profits of all pleas accruing within the city ; and that none of the justices, eschaetors, searchers, coroners, clerks of the market, or other min- ister, justice of the peace, labourer, or artificer, should interfere on account of any acts done within the city, except on account of felonies, which should be decided by commission, to be directed to a particular person, and to the mayor for the time being ; and that the mayor for the tiine being, and his successors, should have power and jurisdiction in the city, limits, and precincts, to inquire into, hear, and determine all articles, plaints, and defects which pertain to the office of eschaetor, coroner, searcher, and justice of the peace, IS83.J CHANCERY, IRELAND, 51 and of labourers and artificers, according to what common right 25 exacts and requires. Elizabeth. That the mayor and community, and their successors for ever, might have all manner of fines, amerciaments, and issues to the office of justice of peace pertaining, and all manner of forfeitures, chattels of fugitives and felons, escapes of felons, waifs, strays, amerciaments, forfeiture of victuals, bread, beer, and other victuals, tolls, and the custom, called, " cocket," within the city, lawfully to be levied, and that they might collect and receive all thfe premises by their proper officers, to their own use as well by land as by water ; and the profits of a certain fishery called the "Lex Were," with its appurtenances, to the mayor and community, and their successors • for ever. That no person should implead another, or be impleaded before the King or any justice on account of his lands, tenements, rent, or ser- vice, or of any other thing issuing from the city by land or water ; but every one should be bound to prosecute before the mayor and bailiffs within the city ; that no lieutenant, justiciary, officer, or minister in Ireland should seize or presume to seize their franchises and liberties, without the special mandate of the Crown under the great seal ; tliat no one should forestall any merchandize or victuals, by which the Crown might lose its custom, under pain of forfeiting his franchise. That they might hold their market as they had been accustomed 'of old to hold it, and that no one being an Irishman by blood and nation — the term Irishman being understood ,and taken as it is accustomed to be interpreted in Ireland — should be mayor, or exercise any office in the city, nor should any one take or main- tain any man or child of Irish nation or blood as an apprentice under pain of forfeiting his franchise ; and that no lieutenant or other deputy or minister in Ireland should compel any inhabitant of the city to work in any service out of the city, but they should be permitted to dwell there under secure custody. Edward the Sixth ratifies and confirms the preceding charters and Queen Elizabeth also, by charter dated 27th October, in the seventeenth year of her reign, at the humble supplication of the mayor, bailiffs, and citizens, and in consideration of the charges and expences which they had incurred in reducing the Irish enemies and rebels to the yoke of obedience, and as the citizens had always shown themselves faithful, ready, and trusty to the crown, confirmed all the preceding hberties, franchises, pleas, cognizances, privileges prescriptions, customs, honours, grants, royalties, acquittances and jurisdictions, and ratified and secured them in as ample manner and form, and by the same bounds, limits, and precincts, as well by land as by water, as the citizens had held or enjoyed them by virtue of any letters patent j and being willing to bestow on them some royal gift on account of their fide]}ty,..whereby they should be held in more honourable esteem, her Majesty directed that the mayor in a^ paces within the waUs of the city, the suburbs and liberties, should have a sword, with suitable scabbard, adorned with the roval ensign, carried and borne before him, and that the swordbearer E 2 52 PATENT AND CLOSE ROLLS, [isSs.- 4j should be adorned with a notable hat, commonly called " a hat of Elizabeth, maintenance." That the mayor should have authority to deliver the gaol of the city, the suburbs and liberties, of all prisoners confined for felony, according to the law and custom of the kingdom, and do all other things which wore known in any manner to belong to the delivery of the gaol, without any further commission or letters patent. No Irishman should be promoted or presented to any- dignity or eccle- siastical benefice in the cathedral of limerick without license of the Lord Deputy, and all persons in ecclesiastical orders are enjoined to cause the charter in recital to be inviolably observed. That no foreigner should sell, bestow, or in any manner alien, unload or suffer to be unloaded, either at the entrance of, or in the river of the city called Shannon, or at or near the city, out of any ship, bark, or boat, coming up or going down, any warlike stores, pieces of ordnance, small balls called bullets, wine, or any mer- chandize brought to the entrance of or carried up or. down the river in such ship, bark, or boat, unless only to the mayor, bailiffs, and citizens, and their successors, or to any freeman in the city, and dwelling therein^ or to any person by the mayor, bailiffs, and citizens, or their successors, permitted or licensed, under the penalty of the forfeiture and confiscation of the ship and wares discharged out of the same, or coming into or being in the said river, to the use of the said mayor, bailiffs, and citizens, and their successors ; provided, notwithstanding, that this grant should in nowise extend to the King's English subjects, or any of them, it being the intention that they might give, sell, and dispose of their goods and wares at their will and pleasure, anything contained in the charter notwithstanding. That they might have, to the proper use and behoof of the mayor, bailiffs, and citizens of the said city, without any account to be thereout rendered or made, all and all manner of mnlcts, fines, amercements, penalties, and forfeiture^ within the said city of Limerick, the suburbs or liberties thereof, thereafter to arise, proceed, or happen, by reason of a^ny Act of Parliament, agreement, or other- wise, or in any manner whatsoever, which belonged to the King, or which in any manner thereafter mightbelong to his successors, if the grant had not been made. That the mayor, or any of the bailiffs of the said city, or any of their successors, as long as they should be mayor or bailiffs in his or their proper person^ or persons, should not be compelled to go out of the city by virtue of any warrant, summons, mandate, or precept> but should be admitted, and every one of them should be admitted to appear by their attorney, or attorneys, unless for contempt, felony, or treason. . , , j And that the inhabitants in Clankillan, from time to time, shouW be summoned and compelled, according to the law and custom of the kingdom, to appear and be present at all assizes and sessions which thereafter for ever should be held in the city, and also in any other place within the city, in like manner as theretofore had been accustomed. 1583.] CHANCERY, IRELAND. S3 «5 The charter of Elizabeth then proceeds to state, that the citizens Elizabeth. and inhabitants of the city of Limerick, from the time to the con- trary whereof the memory of man did not exist, peaceably had, held, and'enjoyed the aforesaid rights, jurisdictions, liberties, franchises, allowances, and privileges, and divers other customs, liberties, im- munities, exemptions, and jurisdictions, as well by prescription as by reason and pretext of their charters, grants, and confirmations, formerly granted by the Queen and herprogenitors, Kingsof England, to the citizens of the city, and their heirs and successors ; and that the citizens of said cityof Limerick had humbly supplicated her Majesty, that she wpuld be pleased graciously and liberally to exhibit and extend her munificence and royal favour to them ; and to avoid, extinguish, and remove all doubts, questions, and ambigui- ties, which very often happened to arise, and for the better rule, government, and improvement of the city, she deigned to create, constitute, make, restore, and renew the same citizens and inhabi- tants into one firm, certain, and permanent body corporate and politic j considering that the city of Limerick was an ancient and populous city, and desiring that some certain and undoubted form should be continually established in the city, concerning the rule and government of the people there, and that the city, at all future times for ever, should be and remain a city of peace and quiet, to the fear and terror of the bad, and for the reward of the good ; that the peace may be there kept, and all other acts of justice might, without further delay, be there done and administered ■; and considering the fidelity and obedience which the citizens in all things freely showed, and were ready to show, at their own very great expense, labours, and charges, eiq)ecially in that most wicked rebellion by Gerald Earl of Desmond, and his confederates, against the Queen and her royal power, very lately attempted and perpetrated, who wickedly and most cruelly plundered and destroyed the seats and houses of the citizens, even to the walls of the city; and hoping that if the citizens and their successors should be enabled to enjoy more exteusive honours, liberties, and privileges, then they would feel themselves, in a stronger and more special manner, bound to the service of her heirs and successors. Her Majesty willed, ordained and constituted, that the city of Limerick should "be for-ever a city in itself, and that the citizens for ever should continue one body corporate and politic, in deed, fact, and name, by the name of mayor bailifis, and citizens of the city of Limerick, and by that name they and their successors should have perpetual succession, and that they by the name of mayor, bailiff, and citizens, should be at all times and for ever persons fit, and in law capable to have, demand, receive and possess, lands, tenements, rents, liberties, privileges, jurisdic- tions, franchises, and hereditaments, of whatsoever kind, nature, or form they be, to them and their successors, in fee and perpetuity, as well as to give, grant, demise, and assign lands, tenements, rents,' and hereditaments, and to do and execute all and singular other acts and things by the name aforesaid. And by the name of mayor, bailiffs, and citizens of the city of 54 PATENT AND CLOSE EOLLS, [1583. *-5 Limerick, they might plead and be impleaded, answer and be Ehzabeth. answered, defend and be defended, in whatsoever courts and places, and before whatsoever judges and justices, and other persons and officers, in all and singular actions, suits, plaints, causes, matters, and dema^uds whatsoever, of whatsoever kind, nature, condition, or form - they be, in the same manner and form as other liege subjects of the kingdom of England, persons fit, and in law capable, might plead and be impleaded, answer and be answered, defend and be defended, and have, demand, receive, possess, give, grant, and demise ; and that the mayor, bailiffs, and citizens should have a common seal, to be for ever used by them and their successors in transacting all their matters and afiairs whatsoever ; and that it should be lawful for the said mayor, bailiffs, and citizens, and their successors, to break, alter, and renew that seal at their pleasure, from time to time, as they should think expedient. And further gave to the mayor, bailiffs, and citizens, and their suc- cessors, all the customs, liberties and privileges, franchises, immuni- ties, exemptions, discharges, and jurisdictions hereinbefore recited, and to them or their predecessors, by any charters of the Queen, or any of her progenitors, granted ; and also all the lands, tenements, rents, hereditaments, customs, liberties, privileges, franchises, dis- charges, exemptions, and jurisdictions, which the mayor and com- monalty of the city, or which the mayor, bailiffs, and burgesses of the city, or which the mayor, bailiffs, and commonalty of the, city, or which the mayor, bailiffs, and citizens of the city, by whatsoever names, or by whatsoever name of corporation, or by whatever incorporation, or pretence of any incorporation, then used or enjoyed, or which they ought to have held, used, or enjoyed as an hereditary estate, by virtue of any charters or letters patent of the Queen, or any of her progenitors. Kings of this kingdom of England, in whatsoever manner made, confirmed, or granted, or in whatsoever lawful manner, right, custom, use, prescription, or title. That the mayor, bailiffs, and citizens, and their successors, should and might, by the name of mayor, bailiffs, and citizens of the city, for ever fuUj have, hold, use, and enjoy_ the lands, tene- ments, rents, hereditaments, customs, liberties, privileges, franchises, and other the premises, with the appurtenances, from the Queen, her heirs and successors, under the rent and farm then due and payable. To have, hold, and enjoy the lands, tenements, rents, heredita- ments, customs, liberties (commons), privileges, franchises, immuni- ties, exemptions, discharges, jurisdictions, and all other the premises, with their appurtenances, to the mayor, bailiffs, and citizens of the city, and their successors for ever, for the ancient rent or farm, for all other services, exactions, and demands for the same, to be ren- dered, paid, or done. _ . That the city of Limerick, and the bounds, precincts, and juris- diction thereof, as well by land as by water, should extend in and by all things, as well in length and breadth as in circum- ference and limits, where and in such manner as the same were for time immemorial used and known ; and that it should and might be 1583.] CHANCERY, IRELAND. 55 lawful for the mayor, bailiffs, and citizens of the city, and their sue- *^ cessors, to make their perambulation or perambulations from thence, Eliza^ . in order to know and limit their liberties and franchises about, within^ and without the city, the suburbs and precincts thereof, in whatsoyer places, lands, tenements, or estates they might be, within the city, or in the county of Limerick, without the hindrance of her Majesty, her heirs or successors, or any other person whatsoever, in whatsoever manner they were bounded, whether by squares, marks, bounds, limits, narrow-ways, standard trees, paths, walls, hedges, waters, bridges, ditches, water-furrows, houses, ruins of houses, crosses, or in any other manner whatsoever ; and also if it should seem expedient to them in making such perambulations, to pull down, break, destroy, and enclose, all such hedges, walls, ditches^ water-furrows, trees, houses, ruins of houses, and all other enclosures whatsoever, and freely to go into, pass through, and go out of the same, without the hinderance of her Majesty, her heirs or successors, or any other person whatsoever, and to direct and suffer all and singular these things to be done, without being subject to make any compensation or repair, and this to be done as often as they should think necessary, without any writ or warrant for that purpose to be obtained and prosecuted in any manner whatsover. And the mayor, bailiffs, and citizens of the city, and their suc- cessors, and every citizen of the city, might, from time time, law- fully, and without the hinderance of her Majesty, her heirs or suc- cessors, or other her subjects whatsoever, go out to and walk in 'the island, commonly called the King's Island, situate on the north part of the city, and there use and enjoy all becoming and accustomed exercises whatsoever, in^uoh manner as was usual, as often as they, or any of them, should think fit, And further gave and granted to the mayor, bailiffs, and citizens, of the said city, and their successors, for ever, all those grounds and waste pieces of land commonly called " the New Stent," or " New Extent," within the city, the suburbs and liberties of the city, which theretofore by any of her Majesty's progenitors were granted to the citizens or commonalty of the city, by whatsoever name of incor- poration, or which theretofore were enjoyed by the citizens or com- monalty of the city by patent, or colour of any grant by any one or more of her progenitors, as well as all houses and buildings upon the same waste pieces of land and grounds built, or to be built, so as that they were not to the damage of the Queen's highways there nor to the prejudice of any fortification by her Majesty, her heirs or successors, made, or hereafter to be made. And that they might separate and enclose a part thereof, and set the same at a certain rent, and might enjoy the enclosures and reuts thereof to themselves and their successors for ever. And also gave and granted to the mayor, bailiffs, and citizens of the city, and their successors for ever, all that petty custom in the city to be levied and collected, commonly called or named "ingate and outgate customs," and all those weirs and pools, "les werres et gurgites," in the water of Shannon, within the liberties of the city called the "Lex Werres and Fisher's Stent;" with all and singular 56 PATENT AND CLOSE ROLLS, [1583. _ *•? their profits, members, rights, and appurtenances, wheresoTer ; and E hzabe th. to hare, hold, and enjoy all and singular the said franchises, juris- dictions, privileges, perambulations, grounds, and waste pieces of land, called "the New Stent," or "New Extent," the weirs called " Lex Werres," pools, Fisher's Stent, ingate and outgate customs, and all other the promises, with their appurtenances, to the said mayor, bailiffs, and citizens of the said city, and their successors for ever. Paying yearly for and out of the said " weirs" in the said water of Shannon, called " Fisher's Stent" aforesaid, six shillings and eight pence of lawful money of England, at the receipt of the Exchequer of Ireland, at the feast of St. Michael the Archangel. And that it niight be lawful for the mayor, bailiffs, and citizens, and their successors, by themselves or their deputies, to take the full and peaceable possession and seisin of all and singular the premises, when, and so often as it should to them seem good and expedient, and stould be permitted to have the same, in whatsoever courts, from time to time, without the impeachment, hindrance, or disturbance of her Majesty, her heirs or successors, or the justices, treasurers of England, barons of the Exchequer, or other officers whatsoever. — Westminster, March 19, 25°. In Borsp. 6g. Grant to Theobald Butler, of the title of Baron of Caher, other- wise Caherdownesk, in the county of Tipperary, with an annuity of £15, issuing outof the landsof Inyslawnaght,Grrangeof Inyslownaght, Ballihorklie, Kilmolashe, Kilmery, and Clonmel, in the county of Tip- perary, and lands in the county of Waterford, parcel of the posses- sions of the monastery of Tnnislawnaght : To hold to the said Theobald and the heirs male of his body, (obliterated). — Duhlin, May 6, [25°.^] 70. Feoffment made by Walter FitzSymons, of Ballinadroght, in the county of Dublin, to Richard Orpen, of Swords, and James Jans, of Dublin, of the lands of Ballinadroght, Landenston, and Curduff, in the county of Dublin : To hold for ever of the chief lord of the fee, by the service due, and of right accustomed. — Feb. 5, 25°. 71. Intent of the preceding feoffment; namely, that the feeoffees should stand seized of the lands in trust, for the use of Walter Fitz- Symons and Alice, daughter of Edward FitzSymons, of the Grange of Baldoell, in the county of Dublin, his wife, for life, with remainder to their heirs male, remainder to John FitzSymon, with divers remainders over. — Delivery of livery and seizin. «6 Patent Roll, 26° Elizabeth. — 1583. Elizabeth. Membrane 4. I. Livery of the possessions of Sir Oliver Plunket, late of Rath- more, in the county of Meath, to Richard Plunkett, his son and heir, in consideration of a fine of £40. — Dublin, May 4, 26°. ts83.] CHANCERY, IRELAND. 57 Membrane 5. »6 2. Pardon of Edmond Power FitzWilliams, William Power Eitz- ^'"^beth. Edmond, John Power FitzEdmond, Dayid Power PitzLeonard, Thomas Power, PitzEdmond Qge, , John PitzRedraond McShane, David Roche PitzJohn McDavid', JJcManus McPear Doroghi McShehi, John Kenefeige PitzEdmond, John Carron PitzRobert, Robert Carron PitzJohn, Richard Carron PitzEdmond, Cowne O'Cal- lanayne McOwen, Derve McConoghor O'MohoUoghan, John McCo- noghor O'MohoUoghan, Donel McTeige lyanaghty, John McEdmond McEa, Moellimo'ry McOwen McShehi, Owen-my-bwoly McShehi, Mary Power PitzEdmond, Morice Power PitzEdmond, of the county of Cork. — Dublin, July 11, 26°. Jn Dorsp. 3. Decree of the Lord Keeper and Sir Henry Wallop, confirming an order of the Lord Justice and Council against the Lord Trymles- toune, for restitution of the distresses by him taken from the gen- tlemen and freeholders of the county of ( ), and directing that he should cease to le.vy or take any distress in future. Signed, Ad., Dublin. H. Wallop. Buhlin, December ^, 22°, 1579 [Obliterated.'] William Pelham. Confirmation of the preceding decree by the Lord Deputy and Council, and ordering that as the plaintifls had incurred great costs and charges, with learned counsel and otherwise, in the premises, the Lord of Trimleston should, by the feast of Candlemas, pay to Nicholas Pitzsimon, agent for the gentlemen a;nd freeholders, to be equally distributed amongst them, the sum of twei(ty marks, current nioney of England. Signed, E. Armagh. H. Miden. Ed. Waiterhous. — Mellefoni, Dec. 8, 1579. Membrane 2. Elizabeth R. 4. The Queen to the Lord Archbishop of Dublin, Lord Chancellor, . and Sir Henry Wallop, Lords Justices; directing the appointment of Sir Lucas Dillon, to the office of seneschallof theliundred or barony of Kilkenny West, in the county of Westmeath, over all of the sirname of Dillon and other the inhabitants there, with all commodities to the office belonging ; To hold to him and his heirs male; with a lease in reversion or possession of lands of the value of £70 a-year ; and the Chancellor is enjoined to grant a release to Sir Lucas of all his right and interest in the burgagery lands in the town of Clon- mel, which he challenged to have appertained to the chief of the Dillons Greenwich, June 5, 25°. 58 PATENT AND CLOSE ROLLS, [1583. *^ Membrane 3. Elizabeth. 5. Decree of the Lord Chancellor in a suit between the mayor, sheriffs, and commonalty of Dublin, and Edward Brabazon and Stephen Monteny, concerning the title of Saint Thomas Court, claimed by the complainants to be within the jurisdiction and liberty of the city, and to be subject to scot and lot with the inhabitants ; after long debate, "the plaintiflfs failing the contents of their bill, the defendants are by the Lord Chancellor and court dismissed from court, with the sum of 40s. current English money for costs sustained in the suit." Signed, Wm. Gerrard. — Dublin Oct. t8, 1579. 6. Depositions of witnesses tai:en in Chancery the 7th of February, 1578, in the suit in the preceding article mentioned. — Sir John Plunkett, knight, Chief Justice of the Chief Bench, to the first inter- rogatory deposes, "that he remembers six several abbots, in the late abbey of Chanons, then called Saint Thomas Court, as Abbot Walsh being " a quondam," then Abbot Brante being in esse, after him Abbot Mey, and after him Abbot Duff, in whose time the late abbey was dissolved, and all that while he never heard or knew any officer of the Corporation of Dublin to serve any process within the site or precinct of the late abbey. His cause of knowledge is, that he attended upon his master, the Chancellor Fitzsimons, of Saint Patrick's, with his strollers singing " balletes" in the Abbot Brant's chamber, and afterwards attended upon Delahyde, the Justice of the Common Place, sundry times dining with Brante, and as he remem- bereth, likewise with Holler, and being attorney in the Common Place two or three years, was well acquainted with Robert Houth, then one of the officers of the Exchequer, who had his lodging, meat, and drink, in the abbey, and did not suffer any officers of the Corporation to enter within the precinct of the abbey ; and heard in the time of Sir William Brabazon, and after Lis death, challange made by the Corporation, but what followed he knew not ; and this declaration he makes, by virtue of the Right Honourable the Lord Chancellor, his letter, in furtherance of justice." Sir Thomas Crief, Chanter of Saint Patrick's, deposes that " the site and precinct of Thomas Court is and hath been, time out of mind, a place privileged, and without the rule, correction, and govern- ment of the mayor, sheriffs, and commonsof Dublin; he saith also there had been controversy between the mayor of Dublin and the abbot of Thomas Court, which was Abbot Holler, about a house wherein one William Devonishe dwelled, which house the mayor affirmed to be without the Abbot's liberty ; whereon they fell to suit ; but after- wards, upon the determination of that controversy, he well remem- bers that the Abbot established the house to be within his liberty, and he states that he knew the Vicars Chorals of Saint Patrick's) of whom he was then one, pay their " pols" to the Abbot, his seneschal, divers times when he kept court at the barony of Donowre." 1583.] GHANCEEY, IRELAND. 59 William Pigott, Sheriff of Dublin, also deposes to the privileges ^^ of Thomas Court ; arid states his cause of knowledge to be that "he Elizabeth, saw one Hugh Crofton, deponent's man, killed by one Chicocke, upon the land of Thomas Court, and that he saw Barnaby Kinge, seneschall (to) Master Brabazon, keeping a coroner's "queaste" there upon the death of Crofton ; he does not know what privileges the house claimed as sanctuary, but the liberties extended to a house late in the tenure of John Healye." Peter Kell deposes "that the house of" Thomas Courte, with all the lodgings within the walls, and the forestreet houses in Thomas-street were, as long as he remembers, places privileged, and without the correction of the city. He had friends in the abbey in Abbot Duff's time, and was often "using" the house; and remembers that upon the killing of a man in Abbot Duff's time, a little before the casting of the house, there was a gallows set up at the wood side, and two persons were hanged there, who murdered Richard Marten and another, whose names he cannot remember ; and the queste that went upon their deaths was called within Thomas Court, and they were judged there, and hanged after the suppression by Sir William Bra- bazon ; and at that time Barnabe King was seneschall of the court of the glebe. He knows not what privileges the house had before its dissolution, but he remembers that persons who committed great faults fled to the abbey and there remained, and none could take them away. The Abbot Duff, before the casting of the abbey, had a sergeant for the liberty, who " reared" all the rents off the tenants in Thomas-strefet and the Combe, and reared " gadges" of them for fines, for frays, battery, bloodshed, and other offences, committed in the liberty ; deponent reared both watch, hens, customs, and other fines, that were put upon the tenants by order of the court which was kept within the liberty." Bartholomew Russell deposes that Thomas Court was a liberty in itself, without the rule and correction of the city, as Christ Church and Saint Mary^s had been ; his cause of knowledge is that he has known contention, ever since he was an officer in the King's Bench, between the citizens and those that had possession of Thomas Court, and he recollects having seen several indictments in his office, by the tenants of Thomas Court against the citizens, for trespass done within the liberty. Walter Broderepe saith, that when he was servant to Sir William Pitz Williams, at the time he was treasurer, dwelling at Thomas Court, there were certain felons who had committed a robbery upon one Patrick Malone, a merchant of the city, and came to one Hering's house, within the liberty j and Master Patrick Gongh and James Bedlewe, being sheriffs, having notice of the felons being there, came there, and would have had them away ; and deponent resisted and kept them there twenty-four hours, and then sent them to the castle, where they were tried and executed. He also saith, that the liber- ties extend eastward to a post within the house wherein John Healie lately dwelled, westwards, round about the church within the manor, and southwards as far as Donower. 6o Px\.TKNT AND CLOSE EOLLS, [1583. a6 [Award between the mayor, hailiffs, and commons of the City of Elizabeth. Dublin and the Abbot of Saint Thomas Court, relative to a certain custom called the " Tolboll:" — " This OAJodrd and ordynance indentyd made the vii"' day of De- cember the xvi"" yer of the reyng of Kyng Henri the viii"", wyttenissith thai wheras ther was certayn iiiarience and debates long dependyng betwix Nicholas Queytrot late mayr of the cittie of Dublin, Bertheleme Slanchewill and John Candell then beyng balUues of the sdyd cittie and the comrnonis of the sdtme of the one party, and Thomas, Abbot of the hmise of S&yrt/t Thomas the Martyr besydis Dublin and his convent of the same, of the other party^as consernyng a certayn custom callyt ' Tolboll^ wherapon the sayd Thomas, Abbot, thefurst day of August, the yer af or sayd dyd put a bill of compleynt ay ens the for sdyd mayr and baUywes befor Jamus Denton, Sir Rauf Egerton, hnyght, and Antony Jiti Herbard, one of the jmtices of the Kynqis Com/men Place in Ingland, then they beyng the Kyrigis commyssioners in Irland, deplaryng and supposyng by his sayd bill that wheras Kyng John, then beyng, Kyng of Ingland, did yew and graunt and by his dede conferme to the Abbot of the house of Seynt Thomas aforsayd, and to his successores, and to the chanonys ther doyng Godis dewyn service, such custom, of ale and msthe as the sayd Kyng John vsyd to haw and lewy in the tdverens of Dublin, that ys to say, of every brew of ale or ' methe to be sold in Dublin, one mesure callit the ToUioll (conteynyng in hit self a gallon, and di :) (^) of the best ale and methe, and as mych of the secound, and how that the sayd Abbot and' his predecessores was seysyd of the sayd citstom callit Tolboll by reyson of the Kyngis graunt till they was lettyd and disturbit by the foresayd mayr and ballywes, as pleynly hit doth app.er byfhe forsayd AbboUis hill of compleynt; by reyson wherof hit was ordirrit, jugyt, and decreyt by the forsayd commyssioners and the Kyrigis Counsaill her in Irland, by the assent of the sayd Thvijms, Abbot and his convent, and att ther request and dedr the vi. day of August, the yer aforsayd, that the forsayd Nicholas Queytrot, William Talbot, WaCter Ewstace, and Gristofer Vssher of Dublin, m^erchauntes, shold by ther discressyon and concyence moderate ^ and apoyn how niych and what ale and mHh, other how mych mony the sayd Abbott and his successores shall Iiaw yerly of the breweres that brew to sill in the sayd cittie for the same Tolboll and custom. And the seyd matyr of warience moderatyd, appoyntyd, and ordirryt by the said Nicholas, William, Walter, and Cristofer, arbitrours deputy t by the forsayd commyssyoners and the Kyngis Counsaill her in Irland, att the request and by the assent of the sayd Abbot and his convent, the sayd Abbott, his conuent, and ther successores for euer to stand by the sayd inoderacion, ordynance, and apoyntment, and to resew the same custom or other thyng without malcyng furdyr trowble or sute therfor, prowydit that the sayd modercuiion, ordynance, and apoynt- ment be made by the sayd Nicholas, William, Walter, and Gristofer, by the fest of the Gonsepcion of our Lady next ensuyng the date dhow wryttyn. And we the sayd Nicholas, William, Walter, and Gristafer (») Diraidium, half. 1583.] CHANCERY, IRELAND. 6l takyng apon m the sayd ordynance acordyng to the forsaid decre * ^^^ yewm by the sayd commmioners and the Kyngis counsall hy good and "" Tnatur del'ileracion, examyng the title and prowys of the sayd Abbot consemyng the sayd custom callit Tolholl; and in as mych as hit apperith vnto vs the sayd Nicholas, William, Walter,, and Cristofer, mervelouse hard, and defust, how and in what maner the sayd custom callyt Tolholl had a begynyng, and what they were that shold pay hit or whatt quantyte, or how many peckes euery brewer dyd brew; and yfanny had brewyd under the sum of xxx" bussellis theii hit to be aceountyd as no brew wherof they or anny of them shold pay Tolholl. And ouer this, for as mych as hit apperith notte vse, the sayd Nicholas, William, Walter, and Cristofer by reyson that we ne none of vs saw nott tfie exsperience ne poscession ne the forms of the tahyng of the sayd custom callit Tolholl prawy . . ne rerryt [sic], sens tyme of mynd, so that by all simylytude att the tyme of the sayd Ahbottis graurit consemyng the Tolholl ther was certayn hreweres that brewyd for the hold cittie which brewyd xxx" or xl" bussellis att a brew after the co[stom] of London and other wheres, by reyson wherof the shold pay Tolboll, and now none vrithin this cittie of Dublin brew nott past ij bussellis, iiij other, viij att the furdyst att a brew, which ys spent for the more parte in ther housis, and soo nott in the case that they owght to pay Tolboll. Wherfor hit was awardyd, adyugyt, moderdttyd, and appoyntyd hy good discression and concyence, by vs the sayd Nicholas, William, Walter, and Cristofer the for sayd vij*^ day of December, the yer afursayd, att the Blake Freres within the cittie of Dublin, that the sayd Thomas, Abbot and his convent and ther suc- cessores for euer shall haw hensforward of euery brew or of euery brewer that brewys to the som of xvj bussellis att a hrew to be sold, the cmtom callyt Tolboll, that ys to say, a gallon and di : of the best ale or m^the, and as mych of the ij* ale and methe and none vnder the sum of xij bussellis, euery hussell conteynyng in hymself xvj gallonys. And for the more sure accomplissyng and fulfyllyng of all and euery of the premissis, we the sayd Nicholas, William, Walter, and Cristofer award and juge that the sayd Thomas, Abbot or his successores and cowent, bynd them and ther successores for euer vntg the mayr, hallywes, and cnmmons of the citte of Dublin, and to ther successores in a obligacion of iij° li. of leffull mony of Irland vnder ther commen seall. And that the mayr, ballywes, and commons be bound for them and ther successores in like maner vnder ther commen seall, vnto the sayd Abbot and convent and ther succes- sores for euer; and, the sayd ohligacionis wryttyn sellyt and delyueryd in maner aforsayd, then we the sayd Nicholas, William, Walter, and Cristofer award and juge that the mayr of the cittie of Dublin for the tyme beyng, and his successores, shall pay or cause to he payd vnto the Abbot and convent of Seynt Thomas-Court aforsayd, and to ther successores ten syllyinges of laffull mony of Irland to be payd yerly the morow of Mighalmas day yf hit be duly askyt of the mayr that shal take his oth that day; and that in discharge of all pety hreweres within the cittie that brewys vnder the sum of xvj bussellis. In wyttenis that this ys our award, we the sayd wardismen hath sub- 62 PATENT AND CLOSE KOi^LS, [1583. a6 scribit our namys, ^and for the more prof putto our seallis. And Elizabeth, because that our seallis beth to many men unhnowin theifor \the\ prowost seall of the citte of Dublin, att our request and desir, ys put [to] thAs present wryttyng, and also the commen seall of the say d Abbot and convent, att our request and desir, ys putto in like maner."'\ [Decree yewin betviix thejOittie and Seynt Thomfl,s-Courtt, as con- semyng the Tolholl and other Thynges. " Mem^. That v)heras ther was certayn contrauersies, warience and debates dependyng betviix Jamus Cotterell, Abbot of the hotise of Seynt Thomas the Martyr by Dublin, and his convent of the sam^ of the one party, and Walter Ewstace, mayr of the cittie of Dublin, Alexander Bexwike and Bichard Eliot, balliwes of the sayd cittie, and the Jures and com/monis of the same of the other party, as consernyng a certayn custom callyt Tolbtll, — a bote to fish apon the water of the cittie, — the ordirryng of the watyr that comys fro Doddyr vnto the sayd cittie, — the jui isdicdon of all the howsis in Seynt Thomastrett that theforsayd Abbot pretends to be of his glebe, exsept onefranke house leyng by Seynt Katerinys church styll, — the- ordirryng and rydyng of the fraunches in euery wher ahowt Seynt Thomas-Gourtt, — the coronershvp in all wheres within tJie fraunches, — forty .s. yerly that the balliwes for the tyme beyng was wont to be allowyd by theforsayd Abbot and convent for ther good payment ofxx''' merkes due vnto them by the Eyngis noble progenia tores grauntes,- — and also a certayn corn that the keper of the watyr of the sayd cittie was accustomyt to lewy, and pereew of and apon all the for sayd Abbottis myitis yerly. Wher apon the sayd parties, by ther own assentes, by ther seuerall dedes obligatory, berryng date the xij"* day of August, the xix*** yer of the reyng of our Souerayn Lord Kyng Henri the viii"" att Dublin, within the cittie and county of Dub- lin, dyd submyt themself vnto the award, arbytryment, and jngment of vs, John Surges Abbott of the house of our bldssyd lady tJie Vergyn of Dvblin, William Hassard Friour of the Gathedrall Church of the hlissyd Trynite within the cittie of Dublin, John Ricardes Dean of Seynt Patrickis of Dublin, and Johnfitz Symon of Dublin merchaunt, arbitrours indeferently chosyn betvnx the sayd parties. And the sayd arbitrours, by good and mature deliberacion, duly examyvg all the forsayd contraversies and debates, and also the right, interest, title, and prowys of both the parties consernyng all and euery poynt of the premissls. Furst, do award and juge that the sayd parties shall 1-emyt and foryew vnto others all maner of rancores and displesures dependyng betwix them consernyng anny poynt of the premisds fro the begynyng of the world vnto the date herof. Item, also we award and juge that the mayr, balliwes, and comenys of the sayd cittie of Dublin, and ther successores for euer, shall haw the jurisdic- cion and ordyrryng of the watyr that comys fro Doddyr vnto the forsayd cittie in as ample and as large maner as they shall devise or haw had in tyme past, theforsayd Abbot of Seynt Thomas-Gourtt and his conuent and ther successores for ever aydyng and a&mtyng the sayd mayr, balliffes, and comenys and ther successores, all tymes con- 1583.] CHANCERY, IRELAND. 63 venyent in as ample and as large maner as the forsayd Ahhot of Seynt a6 Mary Abbay and Friour ofCristis Church and ther successcrres shall Elizabeth. ayde and assist them, to hryng the sayd watyr in his ryght course, as hit hath gon of old tyme, as well vnto the sayd Abbot and conuent of Seynt Thomas-Gourtys myllis as to the cittie, the sayd Abbot and conuent and ther successores for euer payng yerly out of all ther myllis, vnthout anny contradicdon, vnto the Teeper of the watyr of the cittie for the tyme beyng eyght bussellis of corn, that ys to say, iiij peckes of whet and iiij peches of malte of such as groya and commys of the profiles of the sayd myllys. Item, also we the sayd arbitrours award and juge that the forsayd A bbott and conuent 'f Seynt Thomas- CouH and ther successores for ever, in consyderadon that Thomas Holder, late predecessor vnto the sayd Abbot, nott only by the ad- viise of the Kyngis counsaill and the Kyngis commysdoners then beyng in Irland, but also by the adunse of his own conuent sub- myttyd themselfvnto the award, arbytryment, and jugment of William Talbott, Walter Ewstace, Cristofir Vssher, and Nicholas Queytrot of Dublin, merchauntes, as consernyng the custom callyt Tolboll which they pretendyt to lewy and percew of euery brewer within the cittie and the sayd iiij. worshipfull men takyng apon them the sayd arbi- tryment and jugment, as well att the request and intercesdon of the Kyngis counsaill and commyssyoners, as also att the request and desyr of the forsayd Abbot of Seynt Tfiomas-Court, ys predecessor, duly ex- amyng many and dyverse tymys, to ther grett payn and labour, how the sayd custom callyt Tolboll had a begynyng or how or in what maner hit shold be pay d, dyd yew a certayn award, decre, and Jug- ment apon the sayd Tolboll, berryng date the vii"' day of December, the xvi"' yer of the reyng of Kyng Henry the viii"', which decre, award, and jugment we the sayd arbitrours award and juge that hit be well and truly accomplishyd and performytfor euer in euery poynt in hit com- prisyd, as well of the sayd Abbot and conuent and ther successores parte, as also of the mayr, balliwes, and commonys and ther successores parte. Item, also we the sayd arlritrours award and juge that the sayd Abbot and convent, and ther successores for euer, shall haw ther bote to fysh apon the watyr of the cittie in like man^r as the Abbot of Seynt Mary Abbay haw without anny contradicdon, so that the sayd Abbot and convent, ne none of ther successores nil noo samon ne sett ther bott for halwys, but that all such fysh as ys takyn with ther bote goo dWway to the vse and behoff of ther place, or els to be yewin and mynystrytt att the discression of the Abbot for the tyme beyng. Item, also we, the said arbitrours, award and juge that whensoeuer the mayr, balliffes, and comenys of the sayd cittie of Dublin, or ther successores, ryde ther fraunches that they lew Waxamys gate and the hold Monas- terii of Seynt Thom,as-Gourt apon ther right hand, and the forsayd Abbot and conuent, and ther successores for euer, apon a reysonable snbmonycion or warnyng yewin vnto them by the mayr and ballywes for the tyme beyng, or by ther officeres, to make and prepar a way ouer ther mylpound by Wexamys gate, that the mayr, balliwes, and alderman with the swerdberrer and masbereres, may goo pesahle afote tdthout anny interuppcion throw the sayd Abbot and convent ys me- 64 PATENT AND CLOSE ROLLS, [1583. *° due, doyng as littiU prejudex or hkrt vnto the sayd medue as they El izabet h. ^^^^ g^j^^ g^Q^ ^^^ vri^lns of the sayd mayr and halliwes company to ryde and goo in the hyway by. Item, also we the sayd arbitrours award and juge that theforsayd Abbot and conuent of Seynt Thomas-Oourtt, and ther successores for euer, shall haw the jurisdiccion, ordirryng, and correccion of all maner of trespaces and offences don and com- myttyt within tjier Abbay or carne of Donouer, or tdthin such howsis as they pretend to be of ther glebe, exsept all maner of pleys or thyngis that belongis or appertanys vnto our Souerayn Lord the Kyngis coron, and to the langable of the sayd cittie, the mayr and bally wes for the tyme heyng, and ther successores fov euer, callytig befor them as fale tymys and as oftyn as nede requir, such personis as dwell within or apon the sayd glebe or carne, for anny maner of cause or matyr be- longyng or appertaynyng vnto the coron. Item, also we the sayd arbitrours award and juge that the forsayd Abbott and convent, and ther successores for euer, shall allow and discharge the balliwes of the cittie of Dublin for the tym,e beyng, and ther successores for euer, of xvj'. and viij*. of currant mony of Irland,of the twenty merhes that ys due vnto them and ther successores apon tlie feferme of the cittie of Dublin by the Kyngis graunt, and that in ccnsyderacion of titer good payment and of the grett payn and labour that the bailiffes for the tyme beyng tah in getheryng and lewyng of the sayd xx" merkes by pety parcellis, as by pens iVf. iij ob. otherwise, and tliat the sayd Abbott and convent and ther successores for euer, say yerly euery tyme of the payment of the sayd mony, and in exspecially in die animarum in ther chapter hcmse de profundis ouer and abow the de profundis that they ar bound to say otherwise by ther ordyr or constitucionis, for the sowlys of our souerayn lord the Kyngis noble progenitores, and for the sowlys of the mayrs, bayllyffs, cittesentes, and comenys of the cittie of DvbliM, and ther successores for euer. In wittenis that this ys our award imdentyd betmx the sayd parties, we, the sayd arbitrours, hath subscribyt our namys, and for the m'or prof puito our seallis the xx* day of September, the xix per of the reyng of our souerayn lord Kyng Henry the viii*. [Prora the chain book of the oity.] Membrane 4. Elizabeth R. 7. The Queen to the Lord Archbishop of Dublin, and Sir Henry Wallopp, directing the continuance of a pension of is. 6d. a day to be paid to Richard Wood, until some other pension of greater value occur Riclvmond, Feb. 11, 25°. Membrane 5. Elizabeth R. 8. The Queen to the Lord Archbishop aud Sir Henry Wallopp, directing the pension of Edmond Byrne to be increased to the sum 4s. a day. — Westminster, Dec. 26, 26°, 1583.J CHANCERY, IRELAND. 65 Elizabeth R. a6 9. The Queen to the Lord Archbishop and Sir Henry Wallopp, EUzabeth. directing John Ley to surrender his estate in the fee-farm of the monastery of Killegh, in the King's county, in order that it should be regranted to him at the accustomed rent; the office (inquisition) or record of the lands procured by Lee, finding the title of the crown, having perished with other records in the house of one Powesly, whereby the title of the crown being prejudiced and weak- ened, and Ley's interest endangered, her Majesty directs a new office to be found in consideration of Lee being her tenant against the Irish, who were encroaching on the lands. — Westminster, Dec. 24, 26°. 10. The Queen to the Lord Archbishop and Sir Henry Wallopp, to continue Peter Carewe, in the office of constable of the gaol, fortilace and castle of the Naas : To hold by himself or deputy during good behaviour., — Westminster, Dec. 26, 26° 1583. Membrane 6. 11. Deed whereby Gerald, Earl of Kildare, William Talbott, of MoUaghide, Symon Barnewall, of Kilbrue, Peter Boice, of Calgagh, and James Kerduif, of Densink, grant unto Katherine Fitzgerald, late wife of Sir Gerald Fitzgerald, deceased, an annuity of £200, payable out of all the Earl's lands in Ireland. Signed, G, Kildare. W. Talbot. Symon BarnewalL Piers Boys. —Jidy, 7, 25°. 12. Bond whereby the Earl of Kildare binds himself in the sum of £5,000 to Philip Butler, junior, and Dame Katherine Fitzgerald, his wife ; payable oh the feast of Saint Michael the Archangel. -^ Westminster, Jidy 27, 1583-, 25°. 13. The condition of the preceding bond, .namely, that Gerald, Earl of Kildare, should pay to the treasurer at war an annuity of £200 for the use of Lady Katherine Fitzgerald. 14. Power of ■attorney authorising Sir Henry Wallopp, in the name of Philip Butler, and Dame Katherine his wife, to levy the yearly sum of £2oaout of the possessions of the Earl. — Jidy 30, 25°. Membrane 7. 15. Inquisition taken at the castle of Dublin, finding the posses- sions of James Eustace, late viscount of Baltinglass. The jurors find that he was seized in his demesne as of fee of the lands of Rathfemam in the county of Dublin, and of the reversion of Tymolog, Abbotstown Knockbarnes, Ballimore, Whitsleyes, and Ballaghsex, in the same county, as cousin and heir of Thomas, son and heir of Roland, son VOL. II. J. 66 PATENT AND CLOSE ROLLS, [1583, *6 and heir of Thomas ; and also of the house, site, and circuit of Elizabeth. Baltinglass, in fee tail ; that he was attainted of high treason on Tuesday next before the feast of Saint Michael, in the twenty-third year of the reign of Queen Elizabeth, as by the record thereof in the Chief Place and to the jurors produced more fully appeared. — Dec. 14, 24°. Elizabeth R, 16. The Queen to the Lord Archbishop of Dublin, and Sir Henry Wallopp, stating that a petition had been presented to her Majesty, on behalf of the captains and freeholders of Ulster, whom Tirrelagh Leynaghe demanded as " Uriaghts," entreating her Majesty to receive them into her protection, and to have their lands assured to them and their heirs male, by grant from the crown, whereby they would be freed from the yoke of Tirrelagh Leynaghe,for "bonnaght," and other " bordenous impositions." Her Majesty, condescending to their entreaty, directs the consideration of it to the Council of Iieland.— Greenwich, May 17, 25°. Membrane 8. 17. Sir Francis Walsingham to the Lords Justices, instructing them to pass to Edmond Darey, by lease, the lands of Baconrath, Baconston, Kameston, and Jordanston, late the possessions of David ' Sutton. — Court of St. JameiSyDee. 21, 1583. Elizabeth R. 18. The Queen to the Lord Archbishop of Dublin, and Sir Henry Wallopp j " Right Rev. Father in God, Right trusty and well-beloved, we greet you well. By your j oint letter of the twentieth of July last, to our principal secretary, we have seen that you have recommended one John Lynch, a preacher, now of Galway, to be Bishop of Blfyn, in Connaught, in that realm, void by the death of the late incumbent, the party being well known to you and our Chancellor, as you write, for his suflEiciency, endeavour and travail, in preaching, and worthy to be piBferied to that function ; and, by other, your like letter of the twentyrthird of August, to our Privy Council, you make a motion that the Blshoprick of Cork, now void, might be united to the Bishoprick of Rosscarbery, wherein there is an incum- bent, in respect of the smallness of both those livings, commending the said incumbent for such good parts as are requisite to be in such a minister ; and lastly, by other your like letter of the sixth of September, to our secretary, you do earnestly recommend Lysagh O'Ferrall to be made Bishop of Ardagh, in the county of Longford, of long time void, whom you have preferred to the cus- todiam thereof. To the first you shall understand that as we are well persuaded, no private or special affection but the deserts and worthiness of John Lynch, and the others, do move you to be suitors for them, so at your request we are pleased, that Lynch shall have the Bishoprick of Elfyn ; and for the second, to unite the Bishoprick of Cork, to that of Rosscarbery ; forasmuch as they are now two 1583.] CHANCERY, IRELAND. 67 distinct Bishopricks, and have had several incumbents, as hereafter *6 they may have, we do not think good so to unite them, but upon Elizabeth. your earnest motion, and for the considerations you allege, we are pleased that the now Bishop of Rosscarbery shall receive, have, and enjoy, byway of commeudam. all the profits, commodities, and inci- dents spiritual and temporal, belonging to the Bishoprick of Cork, as if the same were full by a special pastor, from such time as to you shall seem good, and so to continue unto such time as he shall be otherwise preferred, or until we shall signify our further plea- sure therein unto you, or unto other our principal ministers in that our realm for the time being. And for the last, we are also pleased to grant to Lysagh O'Perrall, the Bishoprick of Ardagh, according to your request for him ; trusting that by their dutiful diligence, they will give us cause to think this our favour well bestowed upon them, whereof you shall put them in mind; and as our will and pleasure is so, we do hereby authorize you that upon receipt hereof, you shall cause such writs and instruments to be made and passed under our great seal there, or otherwise, for the election, confirmation, and installation of John Lynch, unto the Bishoprick of Elphin j and of Lysagh O'Ferrall, unto the Bishoprick of Ardagh, with all and singular, their rights and appurtenances. And all the profits and commodities of the Bishoprick of Cork, to be granted in commendam to the now incumbent of Rosscar- bery, as shall be mete and sufficient, and as hath been by our authority accustomed in that realm, in like cases, and to deliver the same to the parties for their behoof accordingly. And these our letters shall be your sufficient warrant and discharge in these cases. Given under our signet, at our Manor of St. Jalmes, the fourth of November, 1583, in, the twenty-fifth year of our reign." — St. Jameses, Nov. 4, 25°- Memhrane 9. 19. The Queen to the Archbishop of Dublin, and Sir Henry Wallopp, stating that Captain Barington, the bearer, having had the charge of fifty horsemen, was discharged therefrom; her Majesty directs him to be -restored to his office, and to discharge Captain Warren from the fifty horsemen he has in charge, and commit them to the command of Brabazon. — Dec. 26, 1583, 26°. 20. Memorandum of there having been on the 26th February,- 1583, in the 26th year of the reign of Queen Elizabeth, produced before the Lord Archbishop of Dublin, and Lord Chancellor, by the master and wardens of the corporation of carpenters of the city of Dublin, a writing written in Chancery hand, and by them alleged to be their charter, not having the great seal attached, yet bearing the print of a parcel of a seal of credit, most likely seeming, and thought to be the privy signet used in that time ; which writing or charter the master and wardens humbly requested to be enrolled, and thereupon an exemplification to be made ; which was accordingly granted by the Lord Chancellor. VOL, II. F 2 68 PATENT AND CLOSE EOLLS, [i583> i6 2X. Charter of incorpoRition of the master and wardens ©£ the Elizabeth. Carpenters of the city of Dublin. — March Jto, Eenry 23°. Membrane 10. 22. Appointment of John Bird to the office of Public Notary, by^ the Archbishop of Canterbury. His oath,: — March 20, 12°, 23. The Lords of the Council, in England to the Archbishop o£ Dublin and Sir Henry Wallopp, directing that. James Poster should have two single " dead pays," of the valae of 2S. sterling, by the day, out of two bands, towards his better relief and maintenance. Signed, Your yery loving friends, T. Bromley, Cane. K. Lycester. Jamys Croft. W. Burghley. H. Hunsdon.. Chr. Hatton.. Era. Walsingham, Windsor, July 3, 1582. Memhrane ri, 24. Interrogatorieson the part of Francis Lovell: whether Edmoncf' Serement, of Lismacteige, by deed of feoffment, dated 8th November, 1582, enfeoffed his son, David Serement, of the lands of Lismacteige, and other lands therein mentioned ? whether he delivered the deed % and, being upon the lands, whether he said, "Son, I give this land nnto th«e and thine heirs," or not i What was the consideration of the conveyance? whether David Serement FitzEdmond enfeoffed Francis Lovel of the said lands, to him and his heirs for ever % anA of what age was David' at the time of the feoffment % — No- date. Depositions of witnesses to the preceding interrogatories. Thomas !^rrone, of Clone, In the county of Kilkenny, saith that Bdmond Serement, by his deed of feoffment upon the lands of Lis- macteige, at a certain place called SkeaghgoUudrigh, about the time specified, enfeoffed his son, David Serement, of Lismcteige, and of all the hamlets mentioned in the interrogatory ; To hold for ever, and that be delivered the feoffment as deed and seal to his son, and to one John Walsh, of Jeripont, one of theattorneys.specified in the> deed, being upon the lands, and saying, " I give this lajid to thee and thy heirs for ever. — May 29, 1583; To the second interrogatory he deposes, "that Sir David Busher and John Walsh, of Jeripont, were appointed by Edmond Serement to deliver livery and seisin of the lands to David Serement, by delivery of a clod of earth ; that long before the perfection of the conveyance, one Anstace Barron, sister of witness, was married to Edmond Serement, upon whom he begot his son David, and for that there was a report of a pre-contract having been between Edmond and the daughter of one Oliver PitzJames, of ListroUen, who wa» divorced from him, deponent, for security of his sister's son, Dayid> procured Edmoud to execute the conveyance." X583.] CHANCERY, IRELAND. 69 Hugh Roe O'Brine, of Ballecockfest, deposes, that he saw Edmond 46 deliver certain writings, sealed, to his son David, who was then a Elizabeth. ■child, and to John Walsh, of Jeripont ; and that he heard Edmond say, " Son, I give thee these deeds, and all my lands contained therein, to thee and thine heirs for ever, for fear of any trouble to come hereafter." He further deposes, that at that time, Edmond having to wife Anstaee Barron, daughter of Edmond Barron, of Clone, tipon whom Edmond begot his son David, witness saw one Oliver PitzThomaa' daughter, claiming the said Edmond to be her law- ful husband, for fear of which trouble Thomas Barron, his " pre- contest," and Edmond Barron, father of Anstaee, procured Edmond to make the tjonveyance in question. Patrick PitzGeoffl-y Patrick states, that being a dweller at Lis- macteige, he knew Katherine Oliver to be the wife of the said Edmond for a time, who for " verdome," and some other disliking, was divorced from him, and after Edmond took to wife Anstaee ' Barron, by whom he had issue, David ; Anstaee Barron's father and friends fearing trouble to ensue of that divorce, procured the con- veyance to be made. Membrane 12. Interrogatories on the part of Francis Lovell. Depositions of witnesses pursuant to writ of " dedimus potesta- tem," dated 12th October, 1583. John O'Loghlen, otherwise John Frer, of Knocktopher, chaplain, ,xle{)oses, that David M'Milloae Serement, at the time of his death, had the actual possession and reversion of the castle and lands of Lismacteig ; that deponent dwelt at Knocktopher, but three miles ■distant from Lismacteig, and that he often frequented McMyllon Serement '" housen," and was at his burial ; and upon the death of David Edmond, his sob and heir, entered into possession of the castle. John Walsh FitzOliver deposes, that about thirty-two years agone, David M'Millone was seized of the castle and lands in question, and died quietly thereof seized ; showing for cause of knowledge, that deponent's father, Oliver Walsh, of ListroUen, married his daughteit, Katherine, to the said David's son and heir, Edmond, about that time ; and that when they treated of the marriage at the " begging," deponent examined how David held the lands, and find- ing he had them " sound " in his possession, married his daughter unto his son and heir, and gave him a great preferment, fit for a gentleman of such living as he had. John O'Herreghtie, of Lismacteig, saith, that David MoMillone Serement and David McMillone Brenagh were not two persons, but one man, and that he knew not two Davids of the Serements, but heard some scofiers call him of the "Brennaghs j" he never heard that Nicholas or William Cowly had any thing to do in Lismacteig, but he saith that Walter Cowly held half the same for a while, for recover- 70 PATENT AND CLOSE ROLLS, [1583. a6 ing it against tlie Earl of Ormond after the Lord James Butler's Elizabeth, death. Other witnesses at great length prove the conveyance from Sere- ment to Lovell. Exceptions taken by Francis Lovell. " George Coraerford, of Callan, the first deponent, hath been divers times indicted of felony and treason, and hath thereunto pleaded his pardon, which appears of record, and withallhe is brother to Garrett Oomerford, the plaintiff, and therefore his deposition should not be of any credit." " John S wetman, of Castle Yffe, hath been in action of rebellion in the late great rebellion of James EitzMaurice, and afterwards main- tained his brother, George John Brenagh, and John Grace, notable traitors and rebels ; he hath been indicted of sundry felonies, and withall he bears to Francis Lovell great hate and malice for appre- hending himself and George Sweetman, his brother, executed for treason, and therefore, he hath deposed of malice against Lovell rather than for any truth or good matter." "James Cowgan, of Kilkenny is suborned and procured by John Sweetman to depose so favourably for the plaintiff, and that for the malice and evil will that Sweetman bears the defendant for the apprehension of himself and his brother George, andfor executing George, therefore he hath deposed rather for that corrupt and evil dealing than for any true or good matter, and his deposition is to be rejected." 25. Decree of Sir Thomas Cusake, Lord Chancellor, in a suit between the Bishop of Limerick and Edmond Lofte, concerning the' lands of Montgaret, in the county of Limerick, confirming- a former decision in favour of Lofte, and restoring him to possession of the lands. Signed, Thomas Cusake, Cane. Directed to the Bishop of Limerick, his seueschall, bailiff, re- ceiver, or attorney. — Dublin, penultimate day of Oct., 1552. 26. Decree referred to in the })receding article. Edmond Lofte complained to Sir John Allen, Lord Chancellor, that he and his ancestors were seized of three cames of land, one called Lofteston, the second, Bellezey, and the third, Cnrrymoran, seven meses and 100 acres of arable in Mongarett, and that the Bishop of Limerick^ without just ground or reasonable cause, expelled him, the said Edmond, from his just possessions, for redress of which wrong Ed- mond had been suitor for six or seven years, and could not prevail on the bishop to appear or answer his just complaint, but by letters, promising to take an order with Edmond at home ; therefore, in con- sequence of the neglect and default of the bishop's appearance, it is ordered that Edmond shall have possession of the lands. — Dublin, Nov. 28, 2° Ed. 6. 1584.] CHANCERY, IRELAND. li Membrane 17. *° Elizabeth. 27. Commission to Adaiii, Archbishop of Dublin, Primate; Sir Henry Wallopp, Vice-Treasurer and Treasurer at War ; Sir John Plunkett, knight, Chief Justice of the Chief Place ; Sir Robert Dillon, Chief Justice of the Common Bench ; Sir Luke Dillon, Chief Baron of the Exchequer ; Edward Waterhouse, Geoffry Fitton, Edward PitzSimon, Sergeant-at-Law ; Christopher Fleming, Attorney- Greneral ; Richard Bealing, Solicitor-General ; and John Crofton, Bschaetor-General, to inquire conoerning all persons attainted in the counties of Dublin, Kildare, Meath, Westmeath, Louth, Water- ford, and Carlo w, and of all their possessions. — Dublin, Nov. 26, 36°. Elizabeth R. 28. The Queen to the Archbishop of Dublin and Sir Henry Wal- lopp, directing them to farm for three years, to Henry Broncard, the custom, subsidie, and impost of wine imported into Ireland, at a rent of £2,000, finding sufficient security for performance of the con- tract ; adding a proviso in the grant, " that if any breach or stale of the intercourse between England and Ireland, and the dominion and countries of the King of Spayne, or the French King, happen at any timej. whereby the importation of wine should be impeached, in that case Broncarde should be accountable only, upon his oath, and so to be charged to answer the crown." — Greenwich, May 3, 1584, 26°. Membrane 18. 29. Conveyance from John Cusake, of Clonearde, in the county of Meath, son of Sir Thomas Cusake, formerly of LesmoUen, in the same county, knight, in consideration of a certain sum of money paid by Nicholas White, Master of the Rolls, to Peter White, of Dublin, merchant, and Thomas Terrell, of Ardkill, in the county of Kildare, of the vicarage or chapel of Killreynett, in Birminghams country, in the, barony of Carbry and county of Kildare, with all glebe lands, tithes, oblations, and profits ; To hold for ever. Ap- pointment of Christopher Morgan Kynsellagh, of Castlericard, in the oounty of Meath, attorney, to deliver seism and possession. Signed, John Cusack. Nwi. 8, 1583, 2^° EUzahelh. 30. The Queen to the Lord Archbishop and Sir H«nry Wallopp, stating that suit had been made to her Majesty by the wife of William Nugent, praying to be restored to the profits of her lands, which, through the late undutiful demeanor of her husband, were forfeited to the crown ; in consideration of her poor estate, and being moved with compassion, her Majesty is pleased to grant to her a lease of her lands for the life of her husband, and her Majesty remits a fine of £500, which had been imposed upon her by John Cusalce and Peirs Congan — Westminsteir, April 18, 1584, 26° 73 PATENT AND CLOSE ROLLS, [1584. 26 31. Memorandum of the Eight Honorable Sir John Perrott, Lord Elizabeth. Deputy, having arrived in the haven or port of Dalkye, about the hour of six of the clock in the afternoon of the 9th of June, 1584, in the twenty-sixth year of her Majesty's reign, and upon the 21st of the same month, being Sunday, of his having taken his oath of government at the hands of the Lord Archbishop, Lord Chancellor, in the cathedral of St. Patrick. Elizabeth R, By the Queen. 32. The Queen to Sir Henry Wallopp, Treasurer at War, informing him that her Majesty had appointed Sir John Perrott to the office of deputy of Irek,nd, for which office allowance, as well of diet for himself, as of entertainment for certain horsemen and footmen, is to be given him ; her Majesty, therefore, directs the treasurer to allow bim for his ordinary diet, £100 sterling, by the month, making in the whole, by the year, £1,300 sterling, according to the last establish- ment in March, 1579 ; and for his retinue, fifty horsemen and fifty footmen, with such wages for them and their officers as was allowed Sir William Pitz Williams and Sir Henry Sidney.— Westminster, April 4, 1584, 26°. Membrane ig. Elizabeth R. By the Queen. 33. The Queen to the Archbishop of' Dublin, and Sir Henry Wallopp, Lords Justices, commanding them to pass a lease for 30 years, in reversion to Nicholas Walshe,- Justice of the province of Munster, of the Abbey of Mann, otherwise called " de fonte vivo," in addition to his present term, at the accustomed rent, of which a fourth part is to be paid in corn, for her Majesty's provision there. — Westminster, April 18, 1584. Elizabeth R. By the Queen. 34. The Queen to the Archbishop of Dublin, and Sir Henry Wallopp, directing a pension of £20 a year to be granted to Gerald Comerford, who had gone " to study the laws, for his help, he being, a younger brother, and destitute of maintenance," and " in conse- quence of the infirmities grown upon hira in his limbs," her Majesty gives him licence to return to his native country for the better recovery of his health. — Westminst&; Jan. 9, 1583, 26°. Elizabeth R. 35. The Queen to the Archbishop of Dublin, and Sir Henry Wallopp, informing them that "she had appointed Sir John Perrott to the offiice of Lord Deputy ; releasing them from the burthen of the office of Lords Justice, wherein, according to the trust reposed in them, they very wisely behaved themselves to her Majesty's good 1584.] CHANCERY, IRELAND. 73 contentatiou ; requiring them to miniBter the oath accustomed to be ** taken by the Lord Deputy; to deliver him the sword as was accus- Elizabeth. tomed, and to communicate amply to him the present state of her Majestjr's affairs there, for his better instruction on his entrance into that government." — Last qf January, 1583, 26°. Membrane 20. Elizabeth R. 36. The Queen to the Loj'd Archbishop and Sir Henry Wallopp* " Right trustie and well-beloved, wee greet you well : whereas John Cusacke, of Cosingeston, in our county of Meath, in that our realm of Ireland, by his late offence, whereof he was attainted of treason, hath forfeited unto us his lands, goods, and chattels, by reason whereof his wife, Alson Barnewall, with certayne her yonge children reraayne destitute of relief; wee lett you witt that of our princely goodness and compassion, we are pleased upon the humble euyte of his wyf, that he and his heyres shall be restored to his lands from Easter last past, in the five and twentieth year of our raigne, paying to our use a fine of £200 in five years, by even por- tions, the first payment to begin at such speedy time as ye shall appoynte ; wlierefore we will and command, and hereby authorize you to take order that the same John Cusake be accordingly restored to his lands in manner as is aforesaid."— ^ IFesiMiiw^^er, April 18, 26°, 1584. 37. Sir Francis Walsyngham (Secretary), to t&e Lord Deputy. "After my herty comendations to your Lordship ; whereas it hath pleased her Majestic, nowe the second time to write her letters for John Cusake, of Cosingeston's, restitution to his lands, her former letters taking no good effect, by reason of some imperfection in words in the same, whereof may peradventure grow some doubt, touching the payment of the said Cusak's rent for his land sinse the writing of her Highnes' former letters ; I am therefore willed by her Majesty to lett you understand her pleasure to be that John Cusake pay no rent for his land from the time of the date of her Majesty's first letter for his restitution ; and, therefore, your Lordship shall do well to give order accordingly to her Majesty's officers in the Exchequer, that the rent be not demanded; and so I commend your Lordship most heartily to God : from the Court." April 29, 1584. Your assured loving friend, Francis Walsyngham. Elizabeth R. 38. The Queen to the Lord Archbishop and Sir Henry Wallopp, Right Rev. Father in God, right trusty and well-beloved, we greet 74 PATENT AND CLOSE ROLLS, [1584. a6 you well : whereas there have been petitions exhibited to us and to Elizabeth, our council here, by our well-beloved subjects, Eobert Fowle, and John Browne, on the behalf, as well of themselves, as of such others as intend to be their associates in the re-edyfying and re-inhabiting of our decaied town of Athenry, in our realm of Ireland, and in the setting people to work in the town and contrie thereabouts in sondry profitable sciences, which petitions having been sent by our council here, unto our council in that realm to be considered of, and so have been returned back hither with their " postils," expressing their good lyking of the said petitions, and in what sort they thought mete the same might by ua be granted, and for that our council here have upon the view, and due consideration of the said petitions and postils conceaved a good hope that the said Fowle and Browne will effectually perform that which they intend, which shall redound not only to their private comoditie, but also as we be informed in short tyme to the benefiete of us, and of that our realme, especially of the province of Connaght there. Theis are to let you understand that we have been well pleased to yield to the said petitions; and, there- fore, our will and pleasure is that you pass forthwith a boke containing not only a confirmation of the old charter and privileges of the said decaied town, but also a new grant, licence, and incorporation under our great seal of that our realm of Ireland, unto the said Robert Fowle, John Browne, and such others as they shall name unto you, intending to be their assocyates, subscribed by our principal secre- tary, with a provisoe that if this grant, licence, and incorporation shall be at eny time hereafter found hurtful!, in any point, to the common weale of that realm, theil .the same to be reformed as by us, with the advice of our Council here in England shall be thought mete : in passing of which boke to the said Fowle, Browne, and the rest, our pleasure is there be used by you and. our learned Counsel there in pennyng the same all convenient favor for their better encouragement in so good an enterprise; so as respect be notwith- standing had that the same be in no poynte contrary to the postils." — Westminster, April 18, 26°, 1584. 39. The petition of Robert Fowle and John Browne, with divers their associates, answered and allowed : First, they intend with your Lordships' favourable lyking to carry into Ireland, sundry laborers and artyficers for the inhabiting of the decaied toune of Athenry, and making of several commo- Thought very reasonable in all dities within Connaught; that points. they may have lycence for 30 years to transport all such com- modities growing within that province, as hath not at eny time heretofore ben usually transpor- , ted, so as the same be pat into 1584.1 CHANCERY, IRELAND, 75 Her Majesty is answered throngliout the whole province, 2d. sterling for every Irish acre, yet for that this is an enterprise of charge, and most begyn with charge, yt weare not amysse to reduce to 2d. Irish, the acre, so m uch land as the gents shall ferme to be manured for their enter- prise. The other part of the article thought reasonable. Thought very reasonable and necessary, and that the gents are to have all due assystance to draw the people to beare that force. To be considered how there may stewards and leets be kept by such as the Governor shall appoint ; the grant of stew-^ ardships to extend no further than for her Majesty's own lands, and that it prejudice not the Governor of the province in his general charge. worke and wrought; and that *° all others be restrained therein Elizabeth, during the said term, but such as either shall be contributors to their first charge, or by their al- lowance thereunto admitted ; in respect whereof her Majesty is to have the twentieth part for custom of that which shall be so transported. Secondly, that theymight have souche lands as they have or shall take in ferme to be manured for the provision and victualling of the said labourers and artificers, free from all cess, charge, and im- positions ; paying her Majesty 2d. Irish for every Irish acre. Thirdly, that if they can- pro- cure the inhabitants of the pro- vince willingly to yield to bear the charge of thirty or forty horse- men, over and above the composi- tions already made, or otherwise by their industry encrease her Majesty's revenues to that value, that they may have the said num- ber of horsemen in pay for the defence of the town of Athenrye, and all other her Majesty's services there, being the moost fytt place of the province for ser- vice, which they mean by God's grace to inhabit, and to fynishe such good workes as the Lord President of Wales began in his government of Ireland. And as there is neither leet nor law day kept, or the people gen- erally sworn in obedience towards her Majesty, which were very mete and necessary, that it may please your Lordships to grant your favors for the stewardships of the same, with some convenient fee out of such profits asshall grow to her Majesty thereby, by means 76 PATENT AND CLOSE KOLLS, [1584. 86 Elizabeth. Thought very requisite. The offer v"ery commendable. whereof the Irish customs by degrees may be cut off, and in small time altogether abolyshed. That they may have authority of governmentamonge themselves in forme of a corporation for the pollitique ordering of their af- faires. In consideration of which grants they will, God willing, maintain 200 stoute laborers and artyficers, which shall be trayned and furnyshed with armour and weapons, and always ready to suppress any rebellious attempt, and after one year's settling shall serve for fourteen days at their own proper costs and charges, ones in every yeare yf nede shall require. " The gents have named Athenry only to be the place where they will set downe and performe the works, in which poynt in our opynyons they have too much restrained themselves. We wish that the scope were enlarged over all the province, namely to chose their seate where they may find it, so yt be no hinderance to her Majestic, nor offence, nor wrong, to any private person." Signed, Francis Walsingham. Elizabeth R. 40. The Queen to the Lord Archbishop and Sir Henry Wallopp, nominating Thomas Jones, Dean of Saint Patrick's, to the Bishop- rick of Meath, who was recommended to her Majesty as a fit person to be promoted, and " who was persuaded that the recommendation proceeded not from any private affection, but in respect of his learn- ing, wisdom, and other virtuous qualities, mete and requisite for such a place." — Westminster, April 18, 1584, a 6°. Elizabeth R. 41. The Queen to the Lord Archbishop and Sir Henry Wallopp, directing a lease in reversion for 30 years to be made to John Miagh, of the lands of Oarrigneenar and Oarrigneedy, in the county of Cork, parcel of the possessions of Sir John FitzGerald and John Mallawny, attainted. — Westminster, April 18, 1584, 26°. Elizabeth R. Membrane 22. 42. The Queen to the Lord Archbishop ; James Dowdall, Chief Justice of the Chief Bench ; Sir Robert Dillon, Chief Justice of the ig84.] CHANCERY, IRELAN©. 77 Common Pleas ; Sir Lucas Dillon, Chief Baron of the Exchequer ; *^ Kicholas White, Master of the Rolls ; Thomas Jenyson, A uditor, and Elizabeth. Launcelot Alford, Surveyor, authorizing them toaudit the accounts of the Vice-Treasurer and General Receiver of the Revenue, the Master of the Ordnance and the Minister of Victuals and Works ; and whea taken, that the accounts should be engrossed in two parts, and by them signed and vouched ; one part to remain of record in the Exchequer, and the other to be delivered to the parties accountable, which should be to them a sufficient warrant and discharge; with authority to summon Sir Heary Wallopp, Treasurer-at-War, with all books, warrants, certificates, and bills of his receipts and payments, from his entering into that office, being the lo.th of August, in the twenty- first year of her Majesty's reign, until the last of September, in the twenty-fifth year of her reign ; to audit and examine those accounts, and to make a declaration thereof for the office of Treasurer at War,, to the intent that it may be perused and considered by such com- missioners as her Majesty should appoint for its re-examination. — Manor of St. James's, J!^ov. 4, 1583, 26°. 43. The Governor and Council of Connaught and Thomond to the Earl of Thomond, the Sheriff and Under-Sheriff of Clare, and the Seneschall of Dangenyvigin j forbidding them to exact or impose on the lands of Ballycharaghe and Lysmoltyne any kind of impo- sition, cess, coyue, or livery for themselves, their men, horses, or boys j George Panning, of Limerick, having complained that they had exacted meat, drink, money, and divers other charges, whereby the lands were made waste and the tenants driven to fly and depart, to his great hindrance and undoing ; and Panning is authorized to resist the imposition by all the good means in his power. Signed, Nicholas Malbie. Thomas Dyllon. Thomas Arthur. D. Thomond. Anthony Brabazon. Merbury. Inyshe, under the signet of the Province, June 23, 1583. ^""^ Membrane 23. ir John lold dur Signed, 44. Appointment of Sir John Perrott to the office of Deputy General of Ireland ; To hold during pleasure. "Powle." Westminster, Jan. 7, 26°. Memhrane 24. 45. Commission to Sir John Perrott, Lord Deputy, Sir Henry Wallopp, the Chief Justice of the Chief Bench, the Chief Baron of the Exchequer, the Master of the Rolls, and Edward Waterhouse to make leases of her Majesty's possessions in Ireland ; reserving such rent of the manors, lands, and rectories, and reservation of 78 PATENT AND CLOSE ROLLS, [1584, 26 corn and victuals as to tliem should seem expedient. To accept Elizabeth, surrenders, and regrant the possessions surrendered ; to compound for wardships and liveries ; to grant the custody, wardship, and mar- riage of the heirs of those who belonged to the Grown, within age and under the degree of a Baron. Signed, "Powle." Westminster, Jan. 17, 26°. 46. The Queen to the Archbishop of Dublin and Sir Henry Wallopp, directing a lease in reversion to be made to Thomas le Strange, of lands in Connaught of the yearly value of £40, in con- sideration of his honest, ready, and dutiful endeavours at all times in her Majesty's service ; reserving the just yearly rent, of which the fourth part shall be answered in corn. — Westminster, April 1-8, 26°, 1584. Memhrane 24. Elizabeth R, 46 (as). The Queen to the Lords Justices or the Lord Deputy, com- manding them to restore Nicholas, infant son of William Wogan, of Rathcoffy, to a sixth part of the lands and possessions forfeited by the attainder of his father, who had been executed for treason ; her Majesty states that she caused the Lords of Tier Council to signify to the Lords Justices of Ireland the effect of a petition which had been presented to her by Henry Burnett, on behalf of the infant, to the effect that " by the attainder of a stranger being a feoffee of trust, a sixth part of the infant's inheritance was chaflenged to be forfeitable, and the sum of £9 i is. ^d. sterling, in rent and land, eschaeted by his father's attainder, showing also an inquisition taken on the death of the infant's father, by which it appeared that the sixth part was not eschaeted by attainder of his father, and there- fore humble suit had been made to her Majesty that she would be pleased to deale so mercifully with him as to restore him to the said parcels." — Manar of Greenwich, May 20, 26°. 47. The Lords of the Council in England to Sir John Perrott, Lord Deputy. " After our right herty comendations : Whereas yt hath ben heretofore a matter in question, both here among us and also in that realm, whether it were best for her Majesty's service that the two forts called Leas (Leix) and Ophaly, with such countries as have been left for government with the forts, should be divided into several charges, or be governed by one capitayne; and whereas Sir George Bourchier, knight, hath been an humble suitor to the Queen's Majesty, to have the government of them both ; her Majesty in respect of his birth and service hath been contented that he should have them, yf upon good consideration yt should be found mete and necessarie for her Highness's service that the charge of them both should be comytted to one man. It is now referred to you to consider, with the advice of her Majesty's counsaill in that. 1584.J CHANCERY, IRELAND. 79 realm whether it be for her Majesty's service that the charge of the »6 two forts be left to one capitaine ; and if it shall be so thought mete, Elizabeth, then yt is her Majesty's pleasure that Sir George Bourchier shall have them both, with the entertainment of 20s. per diem sterling ; but if it shall be found most convenient to divide them to the government of twoe, then shall you suffer the said Sir George to take his choice of either of them, allowing him entertainment gf thirteen shillings and fourpence per diem ; and the other you shall comyt to the charge of Warham St. Leger, with the entertainment of six shillings and eightpence by the day. One other petition hath been also made to her Majesty by Sir George, that forasmuch aa he hath all the time of the last wars kept and defended Loghghyre at his own charge, with a sufficient garde, that he myght now farm the same of her Majesty with the Any and Glenogre : You shall understand that albeit her Majesty be resolved that no leases or grants shall be made of her lands until there shall have been a survey of them had ; for which purpose she hath now appointed certain commis- sioners, as your lordship knoweth, yet when survey shall be made it is hoped that her Majesty will be inclined, in consideration of the service done by Sir George, to grant him some estate in the said lands ; and therefore we have thought good to pray your lordship that when those lands which he desireth shall amongst the rest be surveyed, that you will make stay of granting them unto any other until her Majesty's pleasure be first known. We bid you right her- tily farewell, from the Court at Grenewitche, the i8th of May, 1584. — We think it also mete and to do require your lordship, that besides the charge of the forts, or either of them, there be continued under the charge of Sir George Bourchier, one hundred men in pay until you shall receive other order to the contrary." Your- very loving friends, T. Bromley, Cane. H. Hunsdon. Chr. Hatton. W. Burghley. P. KnoUes. Pra. Walsingham. E. Leycester. James Croft. Wa. Milmay. C. Howard. Membrane 25. John Perrott. By the Lord Deputy and Council. 48. Warrant of the Lord Deputy and Council ; nominating John Long to the Archbishoprick of Armagh ; reciting that amongst the instructions given by Majesty the last day of December, 1583, there was a clause for placing and investing a fit man in the Pri- macy of Armagh, according to the tenor ensuing, viz., " and lastly, whereas the Primacy of Armagh is void, that place being in title and dignity one of the chiefest amongst our clergy, we think it not convenient that the same be over long vacant, and, therefore, to the end that it may be supplied with a person of learning and other good parts, able to discharge those duties that are required in him we do not name any one particularly unto you, but refer the choice 8o PATENT AND CLOSE HOLLS, [1584. _ 20 of such a one to yourself, with the advice and assent of our Chancellor, EUzabeth. the Archbishop of Dublin, and the rest of our Council, there, not doubting but you will agree upon the fittest person in fevery respect for the primacy ; and whom you shall so agree upon, you our deputy shall forthwith give order that he have all writings and other necessary things given him and done which are requisite for his investing and instajling in the said primacy." A. Dublin, Cane. N. Bagenall. Ed. Waterhous. H. Wallopp. KobertDyllon. John Garvey. Thomas Midensis.. N. White. Jeffray Fenton. T. Norreys. E. Byngham. Castle of Dublin, July ii, 1584. Elizabeth E. 49. The Queen to the Archbishop of Dublin and Sir Henry Wal- lopp, Lords Justices, directing a pension of £30 to be granted to Eobert Marche, for life, in consideration of his having utterly lost the use of his right arm by a wound received in her Majesty's service against the rebels. — Westminster, Dec. 26, 1583, 26°. Elizabeth E. 50. The Queen to Sir John Perrott, Lord Deputy, directing a license to be granted to Peter de Maistres and John Williams, to plant and dress woad, madder, and rape. " Eight trusty and well beloved, we greet you well : whereas our loving subjects, Peter de Maistres, of Turney born, now a denizen resident in London, and John Williams, citizen and merchant, being skilful in the trade of planting and dressing of woad and madder, as also of rape and linseed for the making of oyle, have upon conference had with some of our good subjects of that our realm, understood that some parts of the soile of that realm is very apt for the planting of woad, madder, and rape, and that some portion of madder doth already grow there, little beneficial to the country for want of skill, both in the due planting and also in the dressing, whereby it is unsaleable ; and as they have entered into some charge, and have offered to enter into far greater, and to fetch some skilful work- men with their families out of Flanders, to reduce the trade of the commodities to the manner used in Flanders, whereby not only our customs and revenues are to be advanced, but also this our realm of England greatly benefitted, and our realm of Ireland, both by setting numbers at work and by converting the soil, now lying for the most part waste, to so good and necessary employment, greatly enriched and in part reformed ; and in respect thereof have made humble suit unto us to be privileged for certain years to plant and dress the same woad, madder, and rape, or linseed to make oyle after the manner of Flanders j for as much as it is very convenient to give furtherance and encouragement to so good endeavours, we do hereby require and authorize you to examine and inform yourself in this behalf, and finding that this their ofier is likely to prove so . 1584.] CHANCERY, IRELAND. 81 beneficial to us and our realm as is pretended, to make unto them a *6 •grant, giving unto them full license, privilege and, authority, by Elizabeth, themselves, their assignees, factors, and servants, to plant and dress woad, madder, and rape, after the manner and sort of Flanders; and the same so dressed to transport and carry out of that realm into this realm or any other foreign pans, for and during the term of 21 years to come; straightly forbidding and inhibiting all others during that term, upon pain of forfeiture, to dress any woad, madder, or rape, after the manner of Flanders, or the same so dressed to carry or transport out of that realm without license ; always provided that none of our subjects there be restrained to plant and dress woad, mad- der, or rape, as heretofore, or as at this present time they are accus- tomed to plant and dress the same." — 'Greenwich, May 8, 1584, 26°. Meinhrane 26'. Elizabeth R. 51. The Queen to Sir John Perrott, Lord Deputy, directing Pran'cis Lovell to be restored to the possession of the lands which had been wrongfully detained from him, and also directing a pension of 5s. a day to be given to him until he shall be put in full possession of his lands, and shall have received satisfaction for his spoils and losses : her Majesty referring to- thfe service which he performed in Ireland, continnes " by cutting off at sundry times great numbers of rebels and other disordered persons there, and as he had been greatly despoiled by certain persons, such as mislike that such wicked and unprofitable subjects should in course of justice be taken away, who still continue to work their practices by committing of further spoil both upon him and his friends, even to the endangering of their lives." — Richmond, June 20, 1584, 26°. 52. Commission to Sir Henry Wallopp, Lord Deputy, Sir Valen- tine Browne, Thomas Jenyson, Lancelot Alford, and Christopher Payton, to inquire concerning certain lands concealed from her Ma- jesty by reason of the rebellion and insurrection of Gerald Earl of Desmond, James Eustace, late Viscount of Baltinglass, John of Des- mond, and James of Desmond, brX)thers of the Earl Westminster June 19, 26°. MemSrane 27, 53. The Queen to Sir John Perrott, Lord Deputy, appointing Sir Valentine Browne, one of her Majesty's Commissioners of the Sur- vey, one of her Majesty's Privy Council in Ireland— iJicAmowtf, July 22, 1584. Elizabeth R. 54. The Queen to the Archbishop of Dublin and Sir Henry Wal- lopp, directing a lease in reversion for 40 years, in addition to the VOL. u. „ 82 PATENT AND CLOSE KOLLS, [1384. 26 present term which Anthony Power possesses in the Commandry of Elizabeth. Orooke, in consideration of his services against the rebels. — West- minster, Dec. 26, 26°. Elizabeth E. Sg. The Queen to Sir John Perrott, Lord Deputy, and the Lord Archbishop, directing a grant to be made, in fee-simple, to Anthony Dering, of lands within the English pale of the value of £25 sterling, in consideration of his long and painful service during a period of eighteen years, and on his surrender of a pension of 6s. a day. — Oatlands, Aug. 19, 26°. Elizabeth B. 56. The Lords of the Council to the Archbishop of Dublin and Sir Henry Wallopp, directing a pension of is. 8d. a day to be granted to Edward Drinckell, as soon as it shall fall void ; her Majesty being now in her progress, and not willing to be troubled with suits, their lordships thought good to recommend him, being a man of " good service." Your loving friends, W. Burghlie. R. Leycester, Ohr. Hatton. E. Licoln. P. Knolles. Francis Walsingham. A. Warwick, Ja. Crofts. Oatlands, Aug. 6, 1583. 57. Pardon of Edmond Eoch Pitz John, Richard Purcell PitzDenyse, William Purcell PitzDenyse, James Purcell PitzDenyse, P^itrick Purcell PitzEichard, Thomas PitzPhillip M'Thomas, M'Cragh Perdoragh M'Breine, Thomas Pitz John M'Cragh, Nicholas Nugent - PitzNicholas, Peirs PitzJohn, M'Peirs Power, Maurice PitzEobert M'Thomas Prendergast, John PitzThomas M'Gerrett, William Cronayne M'Moriertie, James PitzThomas M'Garrett, Shane , M'Donogh O'Grriffin, Conogher O'Shenegham M'Teige, David Pitz- Maurice alias David Evastey, William Eoch Pitzgerrott M'David Roe, Connogher Qangagh M'Derbie More, James Butler PitzJohn, Edward Butler PitzJohn, John Power PitzPeirse, James Garraffe PitzMorice, William Oge PitzWilliam M'Morice O'Cony, Edmond M'William O'Ployne, More ny Vreyne ny Donoghe, John O'Halleig- hanM'Walter, DavidO'Hallaghan, M'Edmond Cagire Curie M'Shane,' David O'Crotty of Garran, William PitzBdmond, Edmond Oge Pitz- Edmond, William FitzPhilip M'Eobert Power, all of the county of Waterford.— /wZy, 13, a 6°. Membrane 26. 58. Charter of Cashell, reciting a charter, dated aoth.July, in the second year of the reign of King Richard the Third, which states that her Majesty, with the assent of Gerald Earl of Eildare, Justice 1584.J CHANCERY, IRELAND. 83 of Ireland, for the honour of Holy Mother Church, and of Saint 26 Patrick, the Bishop Patron [of Ireland], and the pious purpose and Elizabeth, wholesome intent of the provost and commonalty of the town of Oashel[in] Ireland, had received ■ information that no law, justice, or good government existed in any part about the said town, but rebellion, extortion, murder, robbery, and open war were per- petrated [in the town] by Irish enemies and rebels, so that the provost and commons of the town could scarcely be protected without great relief being afforded them. Her Majesty, considering not only the premises, but also that the provost, and his successors, had [and claimed] to have within the town aforesaid, the franchises and burgagery of the same, these liberties underwritten, that is to say, sock, sack [toll and theam], in-fangthef and out-fangthef, pleas of man's death, murder, slaying of Englishmen, and of all manner of robberies, larcenies, duels of Englishmen, and of all others within the town, the franchises and burgagery thereof, abjurations of fugitives and felons flying to holy church, and also liberty to take in their courts fines and [redemptions] for felonies done within their lands ; in like manner to grant pardons to felons for felonies committed within the town, franchises, and burgagery thereof, and also [to banish] and outlaw felons in their courts ; to have day, year,' and waste of their lands, tenements, and rents, and to appoint their own coroners from time to time, and by their own coroner without the King's coroner, to view and bury Englishmen, and all others drowned and slain by mishap ; and also the justifica- tion, correction, and punishment of all manner of artizans and labourers within the town, the franchises, and burgagery thereof, and to take fines and redemptions from those who should be con- victed [and found] guilty in their courts against any of the articles contained in the statutes and ordinances made by the King's pro- genitors for all artificers and labourers ; and also all manner of pleas of the Crown, except four, that is to say, forestalling, rape, treasure trove, and arson ; and also they claimed to hold courts con- cerning all manner of franchises, liberties, and privileges, to be held by the provost, and his successors, from time to time, at their will, to be made and appointed, and they also claimed to have the full return and execution of all royal writs and precepts for summons [distress], and attachments, to be made by the Crown from all places within the said town, the franchises, and burgagery thereof, and also view of frank-pledge and the assize of wine, bread, and beer, of their standards and ells, weights, bushells, gallons, yards, and other measures and weights, and that the King's clerk of the market and keeper of the measures should [not] interfere in the office within the town, the franchises, and burgagery, except once in the year, to view and examine the standards of the provost, and his successors, and that the King's sheriff interfere not in anywise within the town, the franchise, and burgagery thereof; also they claimed -to take fines and corrections from the inhabitants, and further to perform all that pertains to the office of clerk of the market and keeper of the measures within the town, the franchises, and VOL. II. Q 2 84 PATENT AND CLOSE ROLLS, [1584. 7,6 burgagery of the same ; and also they tad pleas of withernam/ and Eli zabe th. (,f j^jj manner of pleas pertaining to a court baron in the town, the franchises, and burgagery thereof, and that they, all their men, and inhabitants should be free of toll, parage, murage, portage, passage, lastage, stallage, toUage, scot, guild, common assistance, and common amercements, and customs, and [especially] the customs of the town of Clonmell, and should also have free warren in the town, the fran- chises, and burgaigery, with pillory, tumbrell, and thewe. His Majesty (Richard the Second) by his charter ratified and con- firmed all the aforesaid franchises, liberties, privileges, usages, and customs, and especially the customs of Clonmell, and each of them ; to have and to hold, to them and their successors, in all and singular the places above mentioned, in manner and form above expressed, freely, quietly, and peacefully for ever, without let or hindrance of his lieutenants, deputies,, justices, seneschalls, sherifis, sub-sherifis, notwithstanding that the same provost, and his ancestors have not maintained nor used them or any of them ; and further granted for ever that the provost and his successors,, during their time of office, should not be placed on any assizes^ juries, attainders, or inquisitions whatsoever, in any courts of the land of Ireland, although it might concern the King or any of his ministers. This charter (Elizabeth) confirms all those privileges, franchises, immunities, and exemptions, and grants the provost and commons license to acquire lands an,d possessions of the annual value of £30. — Dublin, Feb. 10, 26°- 59. Grant to Richard Croft and Henry Duke, of the castle and lands of Clonmore, otherwise Crofteston and Killoune, alias Killowen, in the King's County, the manor of Castlejordan, in the county of Meath, Killenagh and Ballecowyn^in the county of Kildare, Kilro, alias Hardwood, in the county of Meath, and Balliaghtrie, in the county Westmeath, parcel of the possessions of Thomas Leynagb, attainted of high treason ; To hold to Crofts for life ; remainder to Henry Duke, his heirs and assigns for ever ; To hold the lands in the King's County as of the castle of Philipstowne, by the twentieth part of a knight's fee as scutage runs, and to hold the lands in Meath, Westmeath, and Kildare in capite by the service of one knight's fee. Duke covenants not to use the Brehon law, and that his children and attendants shall use the English tongue in their houses, and English apparel and apparatus as far as they possibly can j and shall appear before the constable of Phillipston on the ist of September, and bring " Withenum- Vetitmn Nammum may be compounded of the Saxon Wyiker, altera, and Nam, captio, and is a forbidden taking, as the taking or driving a dis- tress to a hold, or out of the county, so that the sheriff cannot upon the replevin make deliverance thereof to the party distressed. In which case the writ of mtlir- ernam, or de vetiCio nameo, is directed to the sheriff for the taking as many of his beasts that did thus unlawfully distrain, or as much goods of his into his keeping, till he has made deliverance of the first distress; also if the beasts be in a castle the sheriff may take with him the ^osse comitatm, and beat down the castle. Ac- cording to Bracton, wi&emam seems to signify an unlawful distress made by him that has no right to distrain. ,584.] CHANCERY, IRELAND. 85 all the men under his rule, between the age of 16 and 60, fit to carry i6 arms, for enrolment; they shall not intermarry with the Irish, o^r Elizabeth, exact coyne, livery, or other Irish exa.ction.—Dvblin, Dec. 20, 26°. Patent Rolls, 27° Elizabeth.— 1584. EUz^beth Membrane i. 1. Grant to Anthony Deeringe of a tenement at the Bull ring of the city of Dublin, and a messuage called a "skaffle," which was formerlv « Burnell's inns," with a garden upon the quay j several messuages and tenements in the city ; the Mill horse park, Lucau, Johnston, in the county of Dublin ; Templeorane, alias Ballyshane, in the county Westmeath ; the site and possessions of the monastery of Kildare, a castle, fort, hall, and chapel ; Westerkerns, in Westmeath ; Shanraghe, parcel of the possessions of the late monastery of Thomas- court, with other lands and possessions in the city and county of Dublin ; To hold for ever by the twentieth part of a knight's fee, as of the honour of Kells- — Bvhlm, Janvmy 14, 27°. In Bono. Membrane i. 2. The Queen to the Lord Archbishop and Sir Henry Wallopp, directing a new lease to be passed to Gerald Aylmer, for the term of 40 years, of the- manor of Ardmulchan, upon the surrender of the existing lease (obliterated). — St. Jame^s, November 26, 25°. 3. The Queen to the Archbishop of Dublin and Sir Henry Wal- lopp — referring to a petition of the inhabitants of Kilmallock, for a renewal and enlargement of their charter, and to a certificate of their loyalty by the Lords Justices — grants that their charter be renewed as amply as that of Kilkenny, so as that no unreasonahle liberties be inserted in it: to have return of all writs and mandates, except those concerning the Queen ; the sovereign to be justice of the peace, and coroner within the town ; to be free of all customs in like manner as Kilkenny, Clonmel, or other borough, so as no custom due to the Queen be remitted ; to have the receipt of chattels, lands, and tenements of offenders, arising within their franchises, but to account for the same ; not to conceal, compound, or remit, any of the duties due to the Queen ; persons having lands or tenements in the town and residing elsewhere, to pay propor- tionally to all the town burdens, and the corporation to have a power of compelling the payment of same; (the inhabitants alleging a grant of the fourth part of such lands for 40 years, from Edward IV.); To hold the friary of Saint Dominic, and 16 acres of land belonging to it, lying within the franchises of the Queen in fee hrm, for a rent of 40s. ^d. sterling ; escheated lands in Munster lying near the town to the value of about £60 yearly rent to be granted to them on fee farm ; " in the meantime our will and pleasure is, and we authorize you to cause the old charter of the town to be renewed and continued to them in good and authentic manner, and to cause the same and, the preceding grants to be passed to the persons that 86 PATENT AND CLOSE ROLLS, [1584. ^^7 are to be incorporated' to the behoof of the town, as in such case is Elizabeth, accustomed." — Westminster, April 15, 26°. [2%e town of KilmallocTc is one of the most ancient in Ireland, and the corporation, if not one by prescription, must have been created hy a very early charter, as it 'is recognised as then existing i/n a charter of Edward the Third, hearing date the 1st of March, in the forty-ninth year ^ ij xif his reign {Roll, Patent, 49° Edward III., m, 11 d), whereby he '■ granted to the Provost and Commonalty of the town, tolls or customs of certain commodities coming to the town to be sold, or passing through it for sale, for a period of 10 years, towards the rebuilding, repairing, and fortifying of the town. By another charter of Henry the Fourth (Boll, Patent, i o Henry I V, ar. 55), the king granted to the Portrieve and Burgesses of the town certain customs therein mentioned for the space of 20 years. Thecharter upon which the constitvMonofthe corporation wasfovmded, and by which they were gcmerned, is one bearing date the lothof January, in the twenty-seventh year of the reign of Elizabeth ; this charter is not now of record, but it appears to have been granted inpursuance of the Queen's letter of the i^th April,ahovereferred to; it grants to the corporation and burgesses of the town all their former liberties and franchises, in as full and ample manner as they or their predecessors enjoyed the same by virtue of any former charters ; andfurther that every year, on Monday, after the FeaM of Saint Michael, they should assemble within the town, and there, by assent of twelve of the best burgesses, formirog the council of the town, or by assent of (he greater part of them, to whom it gave power for the purpose, should elect one of the burgesses of the town to be sovereign of the same, and granted that the sovereign and his successors should for euer, with the burgesses of the town and their successors, be a body corporate, by the name of " the Sovereign and Burgesses of the town of Kilmallock ;" and that the sovereign of the town, and every other there- after to be elected, and twelve of the best and discreetest burgesses of the town, being of the council of the same, should have full and free power to implead, defend, and answer, in all causes concerning the corporation, or town, by the name of the sovereign and burgesses of the town of Kilmallock ; and that whatsoever the said sovereign and council, or the greater part of them, in the name of the sovereign and burgesses of the town, for the common weal and viUity thereof, might do or ordain, should be firm, stable, and inviolable, as if the same were done and ordained by ail the burgesses convened and assembled, and should be observed by all the inhabitants within the precincts of the town. This charter also granted licence to the corporation to levy certain customs, specified in the charter, on commodities sold im. the town, to be laid out in the walling, fortifying, and defending it ; and by the assent of the council, or the greater part of them, to rate and assess all the inhabitants for the same purpose, as also for contribution to the pay- ment of the sovereign's salary, and other things, according as the sovereign and council, or the greater part of them, should direct. It further granted to the sovereign and burgesses, and their successors, the offices of escheator, coroner, and clerk of the market, with the appurten^ ances ; and that they should have a hundred court within the town from, 1584.; CHANCERY, IRELAND. 87 fifteen days to fifteen days, and there hold, •pleas of lands and tene- *J menu, and of all personal actions of trespass, covenant, and debt, not ex- EUzabeth. ceeding in amount the sum of £20, arising within the town and liber- ties, with power of attachment both of body and goods. It also granted to the corporation a fair in the town once a year, from nine o'cloch on ike vigU of Pentecost for five days following ; and that the sovereign with the twelve burgesses should choose fom men to be Barons in a court of pie poudre therein, who should have power to hold pleas of debt, covenant, and account, arising within the bounds of the town, and that the sovereign and his successors should he justices of the peace and coroners loiihin the town, and the limits thereof; and that the sovereign, after the expiration of his year of office, together with the collectors of rates and customs in the town, should make a just and true account before the sovereign succeeding Mm, and the twelve burgesses aforesaid, or such auditors as should he appointed by them, and not in the exchequer. The liberies of the town are marked on the maps of the Down Survey, and are stated in the book accompanying it to contain 2,142 acres of forfeited lands, besides denominations called the Corporation Commons, containing 135 acres, and Spittal lands, ga. zr., and the town itself, which is not contained in the measurem£nt.] Membrane 2. 4. The Lords of the Council in England to the Archbishop of Dublin and Sir Henry Wallopp. " After our hearty commendations to your Lordships : Whereas complaint hath been exhibited unto us in the behalf of William Eustace, son of John Eustace, of Castle .Martin, deceased, that the said John, in his life time, being a man zealously affected to her Majesty's obedience and service, upon doubt of his eldest son Morioe not to have due consideration of his bounden duty, and, suspected also to be privy and consenting to the conspi- racy and traitorous conduct of the traitor James Eustace, Viscount of Baltinglass, did not only apprehend and give into the hands of the Lord Gray, late Lord Deputy, the body of his son, to abide trial of law, but also divers others being seized to the use of the said John, and his heirs, of Castle Martin, and other his manors and lands ; did by his last will and testament devise his use to the said William Eustace, another of his sons, and to his heirs, after whose decease his eldest son, Morish, was, by order of law, tried, attainted, and executed ;* whereupon a general commission was made to Sir John Plunkett, Sir Lucas Dillon, and others, to take oflfice of such lands and hereditaments, whereof any persons attainted of treason were seized, and which by their attainder ought to have devolved to her Majesty, and enquiry being made what lands Moriee Eustace was seized of, it was given in evidence for the Queen, that he was son and heir of John Eustace, deceased, whose lands and hereditaments descended unto the said Moriee, who was thereof seized at the time of his attainder ; against which the said William Eustace did shew to them a grant by will of the inheritance of the said use, by John Eustace, whereof he prayed allowance, and for that the said Commissioners would see the perfection thereof proved, 88 PATENT AND CLOSE ROLLS, [1584. *? they respitted the return of the enquiry, and the Lord Deputy gave Elizabeth, commandment that noother oflHce or enquiry should be taken until the enquiry then depending should be determined, for that William had, before them, produced his right aforesaid, and addressed a commis- sion to Sir John Plunket and Sir Robert Dillon, to examine such witnesses as William could bring in to prove the same ; who accord- ingly proceeded therein, and returned under their hands the deposi- tions taken by them ; without regard whereof since the departure of the Lord Deputy out of that realm, the decease of Sir John Plunket, and the repair of Sir Lucas Dillon to England, who with others were Commissioners in the case, the same hath been so contrived and compassed by some, who thought upon title being found for her Ma- jesty, to be earnest suitors for part of the said lands, that the pretended title aforesaid was found to the utter undoing and overthrow of the said William and his just title, who therefore humbly besought us in respect of justice and equity to assist him to obtain and recover such benefit of his right as law and equity afibrded ; we therefore knowing her Majesty not to desire the inheritance or right of any of her subjects, but only what law, without wresting, doth yield her, have thought good to will and require you to cause a new enquiry to be made of her Majesty's title to the lands aforesaid, with due regard and allowance of such good matter as shall be produced by the said William, and thereupon without respect of the indirect office, the title of her Majesty to be either confirmed or disallowed; and so bid your Lordships right heartily farewell." Your Lordships' very loving friendg, Thos. Bromley, Cane. B, LincoU. Ja. Croft. W. Burghley. F. KnoUy. H, Sydney. A. Warwick. Chr. Hatton. P. Walsingham. R. Leycester. Greenwich, May 28, 1583, Membrane 3. 5. Writ of dedimus potestatem, directed to Thomas Butler, rector of Knockgraffan, and Richard Halie, of Cashel, to examine such witnesses as Sir Edward Butler, Baron of Dunboyn, should produce to the interrogatories annexed. — Dublin, Sept. i, 4°. 6. Interrogatories at the suit of Lord Dunboyne. " What and which be the mears, lymits, and bounds of the soyle, ground, or territory belonging to the house of Fymoyn, in the county of Tipperary, and where and how far the same ground, soil, and ter- ritory extend 1 Whether the same house of Fymoyn, and lands belonging thereunto, have been freed and discharged of all exactions, cesses, toUages, and impositions of the county and cross* of Tip- perary, and how long?" » Before the reign of James the First the county of Tipperary was distinguished as the county and county of the cross of Tipperaiy, the latter denoting the Eccle- siastical portion. 1584.] CHANCERY, IRELAND. 89 Witnesses examined on behalf of Sir Edmond Butler, Baron of 27 Dunboyn, before Sir Thomas Butler, parson of Knockgraffan, and Elizabeth. Richard Hally, of Cashell, notary public, the i ith September, 1582. Diermode M'Donald M'Gilipatrick O'Mulryan, clerk, describes the mears and bounds of the house of Fymoyn, saving that the inha- bitants of Ileagh were alleging that Bealagh to be their own, " but they did not stick thereto ;" he saith that the house and lands were ever free from all cess and impositions, "although Eliogarthy, and the inhabitants thereof, claimed the same to be of the twenty plowlands or cams for which they were charged, but they could not prevail." Gillipatrick M'Donald O'Mulryan agrees with his brother, the last witness, in substance and effect ; other witnesses depose to the same effect,"savingthat some of them deposed that the StdJmltons, dwelling in Pobledromy, were claiming the village or kill of Pithmoyne, on the north of the town, to belong to them." Signed, Richard Haly. July 5, 20°. Membrane 4. 7. Interrogatories touching the sealing and delivery of a certain deed, dated 9th September, in the twenty-third year of the reign of Queen Elizabeth, by which Sir Barnaby Pitzpatrick, Lord Baron of Upper Ossury, enfeoffed certain persons of the lands and premises therein mentioned ; and the time when possession was taken. Depositions of witnesses, taken the 15th of February, 1581, before the Lord Chancellor " ad 'perpetuam rei memoriam." " William Kelly, of Dublin, surgeon, saith, that there was such a deed executed, of the date in the interrogatory mentioned, to Sir Lucas Dillon, and others therein mentioned as feoffees of trust to the late Lord Baron of Upper Ossory, and for the use of his wife during her life, of his lands in Killene, in the Queen's County, and of such lands as he had in Ossory, and after her death, to the use of his daughter, Margaret, to such time as the sum of £200 be satisfied and paid by the now Lord of Upper Ossory for the lands in Leix. He was present when the deed was perfected, and as he remembereth his hand is upon the back of the deed. Sir Patrick died the nth of September, 1581, at deponent's house in the city of Dublin." "John Oge Lang saith, that he was not present at the making or delivery of the deed, but he saw it when possession was delivered in the Burreis ; and that he saw John Kelly, surgeon deliver livery and seisin to John CuUen, of the Burries, on Wednesday after the death of Sir Barnaby ; and afterwards Kelly and CuUen coming back from the Burreis to Killeyny, in the Queen's County to take possession there j deponent tarried for them by the way at trortinclehie, so as he saw not what was done there, but came the next mornmg, being Wednesday, to Killeyny, to accompany Kelly and Cullen to Dubhn, and they all three riding along to Britton^ in the county of Kildare, they met with one of Sir Baraaby's bovs going up mto Ossory with letters to John CuUen, who told them tlmt 90 PATENT AND CLOSE ROLLS, [1384. *7 Sir Barnaby died the Monday before about one of the clock of tho Elizabeth, afternoon, -wherefore CuUen returned back into Oasory again." John OuUen deposes to the execution of the deed, and says, " that he and Kelly departed Dublin on Sunday the loth of September, to go about the execution of the deed ; and concerning the delivery and receiving of livery and seisin, that they lay that Sunday night at Britten, in Kildare, and went from thence the next morning together in company to Killeny, within the Queen's County, and lay there that night, on which Monday, about one or two of the clock, Sir Barnaby died, as he learned after his return from those that were about him at the time. — [Interesting].". Membrane 6. 8. The Queen to the Lord Archbishop of Dublin and Sir Henry Wallopp, directing a lease in reversion to be made to Oliver Ste- phenson, of Glan, in the county of Limerick, for 40 years, of the Manor of Donmyllyn, in the county of Limerick, parcel of the lands and possessions of Ulick de Wale, commonly called le Faltagh of Donmyllyn ; to begin upon the expiration of his present term. — Beo. 26, 26° 1583. Membrane 7. 9. Lease for 40 years, in reversion, to Eichard Synnott, of a fourth part of the lands, and 30 acres of wood, in Dangan, in O'Morroes' country ; Kilmolagh, Garrenenskie, late the possessions of Donell O'Morroes, attainted ; four score nobles" at every Feast of St. Michael, at the rate 6s. to the noble ; fifty-seven and a half nobles at every Easter, certain custom sheep called " somer sheep," and certain " accates " upon O'Morroes' country; the site and posses- sions of the late house of Enniscorthy, with all its possessions ; the manor of Enniscorthy, " and the customs of boards, timber, lathes, bothes, bearings, victuals, lodges, during the fair there, things to be sold there, and fishings belonging to the manor ;" maintaining two able horsemen of English nation for defence of the premises. — Bee. 3, 25°. Membrane 9. 10. Exemplification of a fine and recovery levied and sufiered of the lands of Ballytarfane, Newcastle, and other lands, between Alexander Roche, of Ardcomane, and Patrick Meyler and James Dnfi" O'Doyll, of Killevan. County not mentioned. -^i?M6Zi«, last of Jan., 1 1°. 11. Deed of feoflfinent, whereby Patrick Meiler, of Doncormicke, in the county of Wexford, granted and confirmed to Robert Roche, of Newcastle, the manor and advowson of Ardcroman, and the ferry of Carrick, the lands of Balletarsane, and other lands in the county of We:rford ; To hold to the said Robert and the heirs male of his body, remainder to John, son of Alexander Roche, and his heirs male, remainder to Henry, son of Alexander, with divers remainders over. — Nov. 4, iSV^- » Nobles : see Vol. I., page 522. ig84.] CHANCERY, IRELAND. gt Membrane lo, *^ 12. Bond, whereby Alexander Roch acknowledges himself in- debted to Paul TuMer and Robert Roche in the sum of £4,000. The condition of preceding bond, namely, that the feoflfees shall stand seized of all the lands and premises for the use of Robert, son of Alexander Roche, and the heirs male of his body, in consideration of a sum of 100 marks, due to Paul Torner, of the town of Wexford, discharged and forgiven the said Alexander by the said Paul, and for the other considerations in the deed mentioned. — June i, 1° Mary. 13. Conveyance, whereby Alexander Roch, of Ardcromen, in the county of Wexford, granted and confirmed to Robert Chever and John Waddinge the lands of Ballytarsane, with the ferry of Carge (Carrick), the advowson of Ardcroman, and other possessions in the county of Wexford ; To hold for ever of the chief lord of the fee, by the service thereout due and of right accustomed. Intent of the preceding conveyance ; namely, that the feoflFees shall stand seized of the premises in trust, for the use of Robert, son of Alexander Roche and his heirs male, for the considerations in the deed specified, and of a marriage to be had and solemnized in face of Holy Church, and according to the rites and customs of the land, between the said Robert and Johanna, daughter of Paul Torner. — Aug. I, 2° & 3° Philip and Mary, Membrane xi. 14. Surrender by Brian Dufi" O'Brien M''Doiiogh, of Carrigogonell, in the county of Limerick, chief of his name in Pobelbrien, and Lord of Pobelbrien, of all his possessions in Carrigogonell, and other lands in the county of Limerick. — July 9, 26° Elizabeth, 1584. Acceptance of the preceding surrender by the Lord Chancellor. Signed, Ad. Dublin, Cane. Ch. Caltropp. July 9, 26° Elizabeth. 15. Clause of her Majesty's letter for the consecration of the Dean of Christ Church in the bishoprick of Lisraore. " And we do also allow that the Dean of Christ Church, John Garvey,"- shall be Bishop ■of Kilmore, with continuance of his deanery and archdeaconry, as a person very sufficient to discharge the said rooms ; and We authorize you and our chancellor there, by these presents, to make and cause to be made under our great seal, in our name, all manner of grants requisite for the prenlises." Directed to Sir John Perrott, Lord Deputy. — Oreenunch, Jan. 20, 27°. 16. The Queen to Sir John Perrott, Lord Deputy, and the Lord Chancellor, directing a lease for 30 years, in reversion, to be passed to Thomas Rennyck, of lands of tlie value of £10 a-year. Hampton Court, Oct. 24, 26°. » He had been presented to t"he Deanery of Ferns in 1558, and was Archdeacon of Meath in 1560. See Vol. I., pages 402, 446. 92 PATENT AND CLOSE BOLLS, [1584. *7 Membrane 12. Elizabeth. 17. The Queen to Sir John Perrott, Lord Deputy. By the Quene. " I fynd well by the prosperous success of your honest services, that God favoreth the steppes of true intents and valyant myndes, and therefore should coudempne my judgment yf I praysed not souch a servant." Your loving soveraigne, Elizabeth B. 18. " Bight trusty and well-beloved, we grete you well : We have here had, at sundry times, conference with Sir Lucas Dillon, Chief Baron, whom you sent unto us, who hath very orderly and at good length declared_ unto us your proceedings there, from the time of your first arrival, in the execution of the ofBce as our deputy of that realm, until his coming out of the same, by which his declara- tion, we have manifestly understood your painful, faithful, >nd wise manner of proceeding in government there, and among the rest of your late expedition with our forces into Ulster, whereby Uod hath favoured your service, to the total expulsion of the Scotts, and perfect reducing of all the chieftains and captains of that realm, with our people under them, to a general obedience and peace, and with yielding of large contributions to the maintenance of the gar- rison of our own soldiers, as the like efiects for a public peace in that province, and that to our honour, security, and profit, yea, for the weal of the whole realni, hath not at any time succeeded sithence our reigne, though oftentimes attempted, nor by any report that we can hear of in the memory of any person now living ; this so great a benefit we must refer to God's special goodness showed unto us, and next to that we cannot but give to you as our principal officer the praise thereof, which we know you wiU also impart amongst other our noblemen, gentlemen, captains, and soldiers, who have aided you on that journey." " And you have concluded with Tirlogh Lennogh O'Donnell, and other the principal captains of Ulster, without exception of any of that province, divers things for keeping out of the Scotts, con- tinuance of peace in all their countries, maintenance by their several contributions of a number of (eleven hundred) English soldiers of our proper garrison, without continuance of any men of war as they were accustomed ; we do accept and allow these your conclusions made with them, wishing the same may continue; and to that end we have yielded to your petition made to us for allow- ance of some further portion to supply the full furniture of the said soldiers, as you shall understand from our council in what sort the same shall be, as also for sending over into that realm a number of soldiers who are already appointed to be sent thither from Chester about the beginning of February next, not doubting but that you will follow this opportunity of time in such wise, as with the number as shall now be placed in Ulster, you shall so keep that country in peace, both by keeping out the Scotts, and by holding the native 1584.] CHANOERY, IRELAND. 93 pe.ople in due obedience, as we trust the repose of that province, for a? the which hitherto there was never in our time any lilce means so Elizaheth. absolutely and generally accorded, shall give good cause to hold the rest of our realm in such peace as now also the same is reported to he ; and if any mischance should happen to alter the same, which Gfod forbid, we hope you will provide that out of this garrison now to be established in Ulster, some part thereof may serve to reduce any other part of the realm into order and obedience, without any new extraordinary charge to us for such purpose." "We do greatly allow likewise of the petition which you have made of the Brenny, amongst the sept of the O'Railes (O'Reillys), and we would have you let Sir John O'Raile, who was made knight by our- self, understand that we hear very good report of his dutiful be- haviour, and specially of his remembrance of us expressing such . . . . as passed from us to him when he was in oiir presence, which you may tell him we accept in very good part as proceeding from a gentleman of a loyal disposition towards us, his Sovereign, which we will keep in memory at all times to do him good for the same.* " There are many other points of services reported unto us by the said Sir Lucas, a.s well done by you in Leinster, for pacifying of the O'Moores and the O'Chonors, the Cavanaghes, and Peugh M'Hugh, " On the Patent EoU of the 3° Henry IV., is a truce or treaty of peace between the Lord Lieutenant and Owen (Augenius) O'EeUly, Captain of the Irish in Brif- flum, havuig a general power and special command from all his subjects and ad- herents or allies, of proceeding, accomplishing, and observing the following articles, viz. : — ^he aclinowledgeth for himself and his Irish people, and all under his govern- ment and alliance, now and hereafter, their heirs and successors, to be purely, freely, and absolutely liege subjects of the King and his heirs, and for the true per- formance thereof he has taken his oath ; and further swears for himself and his people, that during the minority of the heir of Roger, late Earl of March and Ulster, the King's ward, he would keep and faithfully fulfil to the King, or his Lieutenant, aU the conditions or agreements, and all and singular the matters con- tained in certain indentures formerly made between the said Earl Roger and John. OfReiUy, captain of the said nation of the Irish, and dated at Kenlys (Kells), the ijth December, 1394. The present indenture with Owen was also there dated 4th February, 1401. In the State Paper Office is a memorandum of letters and other writings (May, 1561), to be prepared for the despatch of the Earl of Sussex. Amongst others, are mentioned letters for the creation of Malachias O'Reilly to be Earl of Brenny and Baron of Cavan. On the 17th July Sussex wrote to CecUl, that " Mr. Treasurer had received the robes, collar, and coronet for O'Reilly." On the 1 2th May, 1J64, Malachias O'Reilly and his eldest son, Hugh, wrote to Queen Elizabeth, desiring to borrow £1,169, Irish, to pay the Earl of Kildare. O'Reilly promises to pay the Queen in cows to be appraized as shall seem just to Sir Thomas Cusake. [Signed Malicias sive Malmora O'EeciU ac Hugo suus filius primogenitus] In the same department is a letter from the Lord Deputy to the Privy Council I2th Dec., 1566, stating "he had made an mroad on the three O'Reillys ; O'Reilly offered any service against them or any other rebel ; his son, John, was a hostage in Dublm Castlo. Hugh M'Neill More, Lord of the Fews, had left the rebel and come to Dundalk ; and Shane and Owen O'Reilly sued to be received. On the 24th Feb., 1560, the Queen wrote to the Loi'd Deputy, stating that Hugh O'Reilly had surrendered his estates by the agency of his son, John. Submission and oilers at Hampton Court, and excuse for his father's absence, being notoriously by sickness and age unable to repair to Court. The estates to be regranted to them." 94 PATENT AND CLOSE KOLLS, [1584. «7 as also in Oonnanght ; all which we do also greatly allow in you as Elizabeth, matters whereof we take mucli comfort, wishing you to have good success both in those and all others that you shall hereafter take in hand." " Now, for the other things whereunto by your letter you have required our answer, you shall understand that we have.for those purposes had the bearer, Sir Lucas, before us in presence of some of our council, and have delivered our answers to him in this sort following : Pirst, for the persons that have been offenders in th& late rebellions, and are now under our protection, although sundry of them have been notable malefactors by shedding of much blood, and are thought to ha\^e a rooted natural malice against all our English nation, as there is no reason to be conceived in respect of their wickedness, to pardon or to have any good opinion of them ; yet we respecting more our natural inclination to show mercy than their evil deserts, and somewhat moved with your opinion and Sir Lucas Dillon's persuasion, are contented that you shall use your discretion , for granting of pardons unto them, so the same be with cautions and provisions to be contained in the said pardons, thereby to bind them to live hereafter obediently and loyally, so as if they shall hereafter in any disloyal sort break our peace or favour any rebels, they may not escape condign punishment. " We are also content that the Lady of Desmond shall have her pardon, with some such conditions annexed thereto as shall be thought convenient for her quiet behaviour; and that the Earl of Glanrickard have also his pardon in such sort penned so that we do not by any express words pardon any murder, but to relieve our suit against him for the offence wherewith he is charged, leaving him to answer any appeal for the death of his brother according to our laws. " We are also pleased upon your motion, and by virtue hereof we do warrant yon as our Deputy by the advice of our Chancellor and others of our Council learned to receive the voluntary surrenders of any of the captains of the Irish birth, being captains or owners of land^ of such estate as they have in their possession, and to make grants again to them and to their heirs, or of some lesser estate, with remainder under our great seal; reserving unto us some reason- able services, and that a yearly knowledge, by way of tenure in rent or other profit as to you shall be thought meet, foreseeing that the rights and claims, as well of ourself as of all others, be saved in those grants. We like also that the now Primate, the Archbishop of Arma,gh, shall be admitted as o&e of our Priv]^ Council, in respect both of his estate and of his worthiness in learning and other quali- ties meet for his calling. And we do also allow that the Dean of Christ Church, John G?,rvey, shall be Bishop of Kilmore, with con- tinuance of his deanery and archdeaconry, as a person very sufficieat to discharge the said rooms. And we authorize you and our Chan- cellor there by these presents, to make and cause to be made, under our great seal, in our name, for the assurance of all manner of grants requisite for the premises, for the doing whereof these our letters \ shall be sufficient warrant." 1584.] CHANCERY, IRELAND. 95 " Considering that by an Act of Parliament- in the eleventh year ^1 of our reign, all the lands of Tyrone, with others in the province and EUzabeth. territory of Ulster, were assured to our Crown upon the surrenders to be made by the Irish captains of Ulster, and the states to be made to them, w^hich we are content shall be ; we think it requisite that the clause of saving to us of our rights be forborn and not expressed, and it is our further pleasure there be no exception or saving where the title of the parties which surrendered is by sufficient proof before you, and our Council found good and just. " We could not omit to let you understand the good liking con- ceived of Sir Lucas Dillon, the bearer hereof, who hath very suffi- ciently informed us of your proceedings there sithence your entry into that charge, and hath put us in very great hope that through your travail in the course you are now entered into, that realm will be brought to good conformity, and as we have always had a very good opinion of him, so do we daily see cause to increase the same, and to think him worthy to be both cherished and rewarded, as we mean hereafter to make him taste by effects when there shall be occasion offered j and therefore our pleasure is that in the meantime you do for our part afford him such good countenance and favour as may make the world see the good opinion we have of him, aud the favour we bear them." — Greenwich, Jan. 20, 27°. Membrane 13. Elizabeth R. 19. The Queen to Sir John Perrott, Lord Deputy, directing a pen- sion of \2d. a day to be granted to Launcelot Olaiton. — Greenwich, March 12, 27°. Elizabeth R. 20. The Queen to Sir John Perrott, Lord Deputy, and the Lord Chancellor, directing a grant to be made to Nicholas Taaffe, of the fee-farm of the lands of Christopher Eustace, attainted of treason, so as the same exceed not the value of £12 English; to remit to him and his heirs the rent reserved upon Riverston and Kenock, and directing that his wife and children be restored in blood, in case by the parliament next to be held it be so thought convenient. Greenvdah, April 25, 27°. Membrane 14. Elizabeth R. 21. The Queen to the Lord Deputy; referring to a petition of the inhabitants of Toughal, to have their charter renewed, with some additions contained in a note given to the Privy Council in con- sideration of the decay of the town, which was alriiost wholly des- troyed by the rebells, and of its loyalty and good service at all times • grants that their old charter be renewed and confirmed by the name ot the mayor, bailiffs, burgesses, and commonalty of Youghall with 96 PATENT AND CLOSE KOLLS, [1584. 17 all former liberties ; that a rent of £4 be remitted to them if it he El izabe th, found to have been a black rent, extorted by the late Earl of Desmond, but if it be a burgage rent, or a rent of service, the council is to con- sider as to the acceptance of the offer of lolb. of green wax, to be paid into the exchequer in lieu thereof; to appoint a searcher and ganger during good behaviour, provided such office does not diminish the Queen's revenue there ; to take a mease of herrings from every boat fishing ■within the liberties of the town, for repairing and main- taining the decayed quay and the walls of the town ; to keep the ferry boat, paying a small rent as an acknowledgment thereof; to be free from cess and imposition in like manner as Dublin; to receive £10 per annum for ten years from the impost of wines in that port; to have a fee-farm of some of the lands escheated to the Queen, which lie most convenient to them for a yearly rent to be settled by the Council on survey of the lands. — BicJtmotid, June 20, 26°, 1584- 22. The Lords of the Council in England to the Lord Deputy — referring to the Queen's letter of the 20th June, 26°, from the inha- bitants of Youghal, they state (amongst other things), that the Queen approves of the project of dividing the county Cork into the counties of Cork and Youghal^ but refers the manner of such divi- sion to the Lord Deputy and Council; the abbey of Molany not to be granted in fee-farm to the town dU further considered by the Council in Ireland ; liberty to seize goods taken from the inhabitants at the several sackings of the town, not to be granted without licence from the Lord Deputy or Lord President of Munster, on complaint I of the parties aggrieved ; the wardenship of Youghal (escheated to the Queen by Desmond's attainder), to remain in the hands of the Queen, and the revenue applied to the education and maintenance of children according to the foundation ; the castle, woods, and lands of Liffany to be reserved to the Queen for the use of the navy ; two of the quarter sessions to be kept at Youghal until the, division of the two counties ; inhabitants of Youghal to be free from foreign custom, lis Waterford and other places are in all the dominion of Ireland. Signed, your assured loving friends, W. Burghley. C. Howard. Chr. Hatton. B. Lyncoln. .Tamya Croft. Fr. Walsingham. Eiehmond, June 22, 27°, 1584. [The Corporation exists by prescription. It is supposed that a Charter 0/ Incorporation was granted to the town hy King John, hit if any such was granted, no trace can be found of it either amongst the records of the Corporation, Rolls Office, or Tower of London, though it is said there is a'copy ofmch Charter in the British Museum. The earliest Charter that can be found is amongst the Patent Bolls, in the Tower of London, of 31° Edward III., m 17, and is stated in the Calendar of English Patent Rolls to he a murage grant. The 1584.] CHANGEBY, IBELAl?!). 97 earliest Charter now extant in the JReeord BqtosUories, m Irdatid, teas ' ' granted by Edward III. It bears date sStk qfjamuarjf, in tAe ^gtA Eli«»beth. year of his reign, 1374 {Rot, Pat 49° £d»ard III., «• a, /'). Tie Charter grants to the tovereiffn, hailifi, and n of Cloyne, jiir the time bemg, or one of them, and that those auditors, or one of tkem, siould hare the account distinctly and aptly, from time to time, before the Treasurer and Barons of the Court of Exchequer in Ireland, King Edward III., by letters patent {RoL Pal. 49° Edxard III,, a 127), bearing date at Kilkenny, 4th Jidy, m the 4gth year of his reign, referring to a petition made to the Parliament at Kilkenny, on the morrow of Trinity, last past, by thesoeereign, merchants, and commons of Yotighal, complaining t/tat though they had not hitherto imported merchandize, chargeable at the King's staple, beyond the sum of a last of hides in any ship, yet they were compelled by the magistrates of Cork to send their vessels there to pay the duties; granted, leith the consent of the Governor of Ireland and Council in Parliament, that the customs due to the King from wool, hifles, and raw dans brought to Toughal, should be paid in the town, md also that the inhabitants should have a seal called eohet, half to remain with the ooUetior cf customs, and the other with the controller, and thid aequittontees, pay- ments, and receipts be passed under that seaL On the 26 January ( ) Bat. PaL 49° Ednard III,, a 13, the King granted to the citizens certain automs (on artidei specified) for murage and pavage and o&er necessary tBortsorthetotcn' for two years, from the lit of the succeeding Marehi{being theremaind^ of a former grant), and for twenty yean succeeding the termination, of the two years; to account annually before the Bishop, Dean, and Parson of the church of Cloyne, who are to return the account from time to time into the Exehejuer, A Charier of 3° Richard II. is enrolled in the Tower of Lomdan, which it a confirmation of the liberties for the men of Toughal. Richard II., by Charter dated 12 February, in the 20th year of his reign, granUd customs and eoequet for a limited period. On the Patent RoU, z° Henry V., is a Charter to the inhabitants, dated 12th May, 5" Henry IV. {included in the inspeximus, dated Dublin, 6 Fdtruary, 2° Henry V., a 149), stating that the toum had been partly burnt and destroyed, and the aiiomtTig country laid waste by rebels and other malefactors, so that the towns- men dare nat venture out without eonmy, and therefore grants licence to the Sovereign and Burgesses, to treat with the Irish enemies and English rebels of those parts and marches : provided such treatiet be not to the King's prgudice; and to grant safe eondwis to those enemies and rebeli trading there in time of truce, notwithUaTiding any suit* against them in the King's courts ; to wage vnr agaimt those enemie$ and rebels, to enlist men fur this service, as well English as Irish horse and foot, who during this service are to be in the Kin^s tpeeUd VOL. II. g '^ 98 PATENT AND CLOSE ROLLS, [i3§4. *7 protecfifin, provided they conduct themselves properly. The Sovereign Elizabeth, (ind Burgesses may arrest for debt, ai the instance of the party com- plainifig ; not to he compelled by tlie King's mandate, or that of any of his officers, or of any others to labow or to quit the toyin, except when the King's Lieutenant, Justiciary, Chancellor, or Treasurer of Irelatid be there, or except by a special writ of the King, on business concerning him, which cannot be executed uiithout their aid; to pass through all places in the King's peace with their merchandiie, first paying the Ki/ng'^ duties, and the King's Officers and Ministers are forbidden to execute their duties there, hut to send their precepts and writs to the Magistrates and Officers of the town, who are to make due returns, unless in default of the Magistrates and Officers. The nexf Qharter is dated 6th February, in the same year; it recites atid confirms that of Henry IV., and extends the period of treating with the rebels. Edward the IV., by Charter dated 28th December, in the second year of his reign, granted to the Sovereign, Provosts, and Burgesses of the town, and their successors, burgesses, the customs, andcocquetfor the refOfir of the wall§, to he received hy the Sovereign and Provosts, and the accownt thereof to he takenhefore two discreel Burgesses of the totm, yearly, to he chosen for that purpose by the Commons; that the Sovereign and Provost should home cognizance of all pleas, as well of tenures within the town by fresh foriie, as of all personal actions, and power to punish regraters and forestallers, tOrtlicence strangers to trade in the town, pro- mding that if any traded without such licence, their merchandise should be forfeited; that the Sovereign and Provost should have the assize of bread and beer, and the custody and assise of weights and measures, and all pther things to the office of Clerk of the market belonging; and that the Sovereign should he eschaetor and admiral of the town, and have power of all pleas of land and all assize happening in the town, and that the town should be one of the petty limbs of the Cinque ports of Ireland. Richard the Third, in the first year of his reign, granted a charter of confirmation; and in the second year of his reign, by another charter, gave the principal officers the names of Mayor and Bailifs, and directed that they should be chosen by all the inhabitants of the town then adr mitted to the franchise; and confers on the Mayor and Bailiffs cogni- zance of all pleas personal, and of rents and lands, in a court to be held on every Friday ; and all tJie fines, issws, amercements, andfor, feitures therein, to belong to the Mayor and Bailiffs of the town ; and that all persons admitted to the freedom of the town should be free of tolls and duties throughout England and Ireland, and that the Cor- poration should collect and receive custom and cocquet in the pork, creeks, and pills of the town, tliat is to say, from the headland of Ardmore (md Gapel Island unto the Island of Tooreen, as wellhif land as water, unto the sea, to he collected by the Mayor and Bailiffs, and to be expended in repairing and re-edifying the town. Henry the Seventh, hy charier, dented 2$ih 4^ust, in the 12th year of his reign, direOfi tU. election of Mayors and, BaHiffp tQ be mm «5 before granted hy the charter of 2° Richard III,, and cqi^TW m formr privilege^, ft grant? fus^m and cocqv,^ fq bg cglW^a W m 1685.] CHANCEEY, IKELAND. 99 Mayor, together with power to the Mayor to enquire of and pmiish *? regraters ; the fines to he converted to the tise of the tovm. Elizabeth. Queen Elizabeth, hy charter, dated 3rd July,, in the first year of her reiffn, grants to the Corporation power of purchasing land in fee, not emeeeding in value £6 ; and hy charter, dated 18th July, in the twenty-seventh year of her reign {Rot. Pat. 7° Jac. i, p. 3, m. i), her Majesty confirms all former privileges and liberties, hy the charters of Edward the Fourth and subsequent charters graTiied, or otherwise law- fully hy them theretofore had used and enjoyed; and further grants to the Corporation the office ofgav^er within the port and town, so long as they should properly execute the office; and that they should have . one mease of herrings im the year out of any hoot that should fiA for herrings within the liberties, in like manner as Watetford and Dun^ garvan, or either of them, do or ought to receive and take, under cotir- dition that they should, as often as need he, repair and maintain the quay and walls of the town. Her Majesty, also, further grant* to them the ferry or passage boat of Toughal, and cM toOs, commodities, and perquisites for passage of her Majestrfs subjects, to he taken as formerly, at a yearly rent of 6s. 8d., and exempts the Mayor, Bailiffs, Burgesses, and Commonalty, from payment of aU exactums m- imposi- tions called " cesse." J. Perrot. * 23. Warrant by the Lord Deputy and Council for the Treasurer to pay out of her Majesty's Treasure the sum of £30 to Gerald Oomerford. Signed, Ad., Dublin, Cano, N. White. Valentine Browne. JaArmachan. Ry Byngham. Ed. Waterhouse. n. Bagenall. St. Mary's Abbey, June 9, 1585. Metnbrane 15. T> ir ^5? ^T"" ^^^' •^P'"'' ^^'"'** ^""^ *!>« Lord Archbishop of Dublin directing a lease in reversion for 61 years to be passed to John Bath, Chancellor of the Exchequer, of llnds of tWS S £64 a year — Greenwich, April 21, 1585, 27°. 25. Release by Eleanor Butler, one of the daughters and heirs- general of Sir Thoma^ Butler, Lord Baron of Cahir; and Thoma Prendergast, son and heir of Johanna Butler, another of The daughters and heirs-general of the said Sir Thomas of fL n Signed, Bllenor Butler's + mark Ci?i»i-, /M^ 14, 3^'. Stomas Prendergaste. TOI,. II. a 3 100 PATENT AND CLOSE ROLLS, [i^'ss: 47 26. Injunction to Thomas Pynkeeton, Ed. Pynkeston, and Henry Elizabeth. Pynkeston, to deliver possession of certain lands to the Portrieye aad Burgesses of Clane. — May 15, 2°- Membrane 16. 27. License to the Provost and Burgesses of Youghal to treat with the rebells. — May 12, 3° Eenri/ IV. Membrane 17. 28. The Queen to the Lord Deputy, directing a reduction of the rents of Laurence Delahide, and for a grant to him of so much lands of the inheritance of his father as would be worth £50 English.-^ Greenwich, April 27, 27° Elizabeth, 1585. •29. Assignment of a watermill in the franchises of Drogheda by the Lord of Howth,, to John Dowding of Droghed^a, Signed, Christopher Houthe. January 30, 1565) 8° Elizabeth. Elizabeth B. 30. The Queen to Sir John Perrott, Lord Deputy, and the Chan- cellor, directing a lease in reversion for 61 years to be made to -Patrick ■ Barhewall of the preceptory of Eilmainhambeg, in the county of Meath. — Nonsuch, Atigust 12, 27°. Membrane 19. 31. Decree in a suit between the Earl of Ormond and the town of Galway, relative to the prize wines of Galway ; reciting that the Earl of Ormond, Lord of the liberty and regality of Tipperary, ex- hibited his bill in Chancery against the Mayor, Bailiffs, Burgesses, and Commons of Galway, setting forth that King Edward the Third was seized of all the premises of all the ports and havens of Ireland; that is to say, of every ship or barque of the lading of nine tuns, and from nine to twenty, one tun, and of twenty tuns and above, two tuns of the choice of all wines. That being so seized, he by letters patent granted said premises to James Butler, then Earl of Ormond, from whom the right thereto descended to the com- plainant ; that this grant was confirmed by letters patent of Philip and Mary ; but that the Mayor, Bailiffs, Burgesses, and Commons of the town of Galway, in the province of Connaught, always gave impediment in taking said prize wines grown there, without any color of right, but pretending prescription. The defendants, by Anthony Lynch, Nicholas Lynche, John Skerritt, Domynick Martin, Marcus Lynche, and Edmond French, made answer; ■wherein amongst other, things they stated that neither the plaintiff, nor any of his ancestors, since the said grant of Edward III. was seized of any prisage in the port of Galway, and that they and 1585.] CHANCERY, IRELAND. loi all others, bringing and diacharging wines therein were free, and *? discharged of and from the same. As evidence hereof they adduced EUrabeth. an acquittal, by the Privy Council of England in the time of Henry VIII. And also the charter of that monarch dated at West- minster, the 3rd July, in the 36° of his reign, that no person thereafter bringing wines in any ship or boat to the key or port of Galway, and there discharging the same, shonM pay pri=a|re ; they further stated that in the reign of Edward L, a composition was entered into between that King and merchant strangers, whereby he, his heirs, and successors, were to receive two s hillin gs encrease of custom out of every tun of wine, besides divers other encrease of customs, upon sundry other sorts of merchandize: in consideration of which the King granted that all merchant strangers, repairing to every port of his dominions should be free and discharged of aay payment of prize wine, which encrease of customs were ever since paid accordingly, and the merchant strangers freed and discharged of prisage. To this the Earl replied amongst other things, that the said composition was made with merchant strangers only, and did not extend to Ireland, and that even if it did, it was determined, as well by the death of Edward L, as by the aforesaid grant of Edward III. As to the decree made by the Privy Conncil of England, he states it was only until better proof shonid appear; and as to the allegation that no prisage was paid by the defendants since the grant of Edward III., the same was detained by the forceable and uncivil dealings of the defendants who made and meant to make a commodity of their dwelling in a remote part. The defendants re- joined, and amongst other things said that the grant of Edward III. was made after the release of prize wines to strangers, and therefore no more could pass than the prisage of the denizens of some other parts of Ireland and not of Galway. That at the time of the grant, said commission was iu force, and when made was proclaimed through the King's dominions, being higher esteemed to redonnd to the general profit of both the realms of England and Ireland, and extending mfra regnum et potestcOem mam, stretched to Ireland as well as to England, the same being then equally nnder the government of Edward I., that merchant strangers still took the benefit thereof in England. As to the prisage of denizens they said that the corporation of Galway was time out of mind freed and dis- charged thereof, paying six pence tonnage for every ton, which custom was granted to the corporation by Richard II. They then affirmed that- prisage is of that nature that a subject may lawfully prescribe to be discharged thereof against the prince, and if not against the prince, yet against the complainant, being in respect of the prince a private person, prescription lietli, notwithstanding, his estate to be an estate in tail, the reversion thereof unto the prince • and that, the rather, as the payment thereof is more hurtful than beneficial unto her Majesty, for thereby trade with strangers is slackened to the great decay of her Majesty's import and other duties, which would grow unto her Majesty "if strangers were not discouraged by claim and demand of the said prisage to resort i02 PATENT AND CLOSE ROLLS, [1585. . *7 hither, as in truth late experience declareth many strangers to hare Eli zabe th, jjgg^ . ^^g^ ^g ^ their uncivil dealing, and that they meant to make a commodity of their dwelling in remote parts, they said that since the first erection of their corporation they have with willing minds and furtherance, planted and increased civility, embraced the liberty of the law, and abandoned the contrary. The Earl surrepiied : the cause was heard for several days ; on argument it was stated on bis behalf, that the decree of the Star Chamber, together with the com- position with strangers and prescription, being the material points of defence, were resolved by Sir Thomas Bromley, knight. Lord Chancellor of England, and Sir Gilbert Gerrard, knight, Master of the Eolls in England, who were directed by the Queen to decide thereon, to be no title for subjects or strangers to be discharged of the payment of prize wines, and this decision was openly showed in court under their hands, wherefore, and particularly as the prescrip- tion whereby the defendants claimed their discharge, was at divers times interrupted by seisin and possession as appeared to the court by divers good matters, and especially by a livery made in the reign of Henry IV., to James Butler then Earl of Ormonde, whereby hie was restored to all the prize wines of Ireland by these words : De prisa vinorum in omnibus portubus et locis mariiimis Hibernice, saving the whole prize wines of Corke, and one-half the prize wines of Waterford only, which were granted to the said corporations long before the time of Edward III. ; " It was therefore ordered and decreed that the Earl of Ormond and Ossory, as cousin and heir of James Butler, the first patentee in tail of the prize wines, should have 'and recover to him and the heirs male of the body of his grandfather, the Lord Peter Butler, against the Mayor, Bailiffs, and Commons of Galway, the prize wines of all ships, barks, and vessels, that should arrive at the port or haven of Galway, and there discharge their wines whether they should be the goods of denizens or of strangers, according to the words of the writ of limitation sent to the Lord Justice, in the twenty-ninth year of the reign of King Edward the Third, that is to say, of nine tons, one ton ; and so to twenty tons, but one ton ; and of twenty tons, two tons ; and that the Mayor and Bailiffs should pay the Earl twenty pounds for his costs oif suit." — Feb. 12, 37°. 28 Elizabeth. Patent Boll, 28° ELiziBETH.— 1385. 1. Sentence of divorce between Johanna O'Kearoll and John de Bnrgo, Baron of laiiTm.— November 9, 1585. Membrane 2. z. The Queen to Sir John Perrott, Lord Deputy, refe»ing to a letter she h»d wjitten oa behalf of Lord Viscount KflChe,*(n)tshii^ I58S-) OHANOERY, IRELAND, 103 certain requests made by him for passing to him certoin parcels in *f^ Ireland, and Stating that his Lordship had complained that he had t-hzabetii. not obtained any part of those things intended for him; her Ma- jesty reproves not the doings of the Lord Deputy, for she rather supposes that some cause must have existed for the delay; but never- theless in respect of the quality, and of the great losses which Eoehe sustained, in the rebellion of Desmond wid James FitxMoms, her Majesty desires, if no reason east to the contrary, that the Lord Deputy should grant him those things mentioned in her Majesty's former letter. — Greennvich, June 29, 1585, 27°. 3. The Lords of the Council in England to Lord ViBconnt Boehe; " After our right hartie comendations to your good Lordship, you shall understand that the bearer, your servant, having repaired hither, hath exhibitted unto her Majestie and us, divers petitions on your Lordship's behalf, which her Highnes having resolved to send over our very loving friend. Sir John Ferrott, to be Lord Deputy, hath recommended unto him to be considered of and answered there in such sorte as we doabt not but your Lordship, shall have cause to be reasonably satisfied; the stay of your servant hath been longer than we could have wished, by reason of the indisposition of the Lord Deputy and of some of us, as he can declare unto yon ; and so praying your Lordship to have a whilest patience, and to assure yourself that in respect uf your own and yonr childrens good and loyal services to her Majesty, we shall be ready and willing to do you all the pleasure that lawfully and conveniently we may : We biddyou right heartily farewell from Westminster, March 22, 1583." Your Lordship's very loving friends, E., Lyncoln. C. Howard. P. Knollis. Ambrose Warwick. H. Hunsdon. Fra. Walsingham. rl. Leycester. Membrane 3. 4. The Lords of the Council in England to the Lords Justices and Council of Ireland, touching the Lord Deputy's allowance " After our very hearty commendations, we perceive by your letters bearing date the 27th of February, that the late composition passed between her Majestie and the inhabitants of the English pale is to have con- tinuance until Michaelmas next, whereby the Lord Deputy is ex- cluded from the benefit of her Majesty's prerogative and cesse for the provision of his house and horseu until the said time 'and therefore hath been an earnest suitor to us to be relieved in this behalf, alleging that otherwise the burden and prejudice that may grow unto him, will be greater than he can well bear; we have found it expedient that the hinderanoe and loss he is like to sustain in the time of the composition should be bv some other wav answered and recompensed, and therefore do find it eonrettient that I04 PATENT AND. CLOSE. KOLLS, [1585,-. iS you calling unto you for your better assistance therein, such of the,, Elizabeth, nobility and gentlemen of the pale as by you shall be thought meet, should consider how he may be furnished out of the Irish countries next adjoining to the pale, with some part of the provisions to be taken by way of her Majesty's prerogative, and for such kind of , provision as cannot be supplied out of the said countries for, his ordinary charges of household, nor that cannot be otherwise helped by the reservations of port corn or such like, whereby he shallbear. the burthen of the quarter to end at Michaelmas; we think it con- venient that you that are of her Majesty's Council, or any four of you, shall at Michaelmas next, or rather sometime before, call the officers of the Lord Deputy's household before you with hie assent, and upon perusal of such their household books and reckonings as they shall deliver unto you, examine how much he shall have spent from the time of his arrival, during the time of the composi- tion, over and above what he should have saved in case he might have enjoyed the benefit of her Majesty's prerogative and cess, in as reasonable manner as other Deputies in that realm have heretofore done; and upon due examination and just proof made thereof, to give order that the overplus of his reasonable expences in his household and for his cess be allowed and paid unto him by you the Treasurer, by way of concordat out of the composition of £1,500 payable to her Majesty by the country, as far forth as the rest of the same not expended may extend, and the residue out of the ordinary revenue of that reahn. And after the time of the expi- ration:of this, composition it shall be lawful for the Lord Deputy to take and use the benefit of her Majesty's prerogative and cess, in such convenient sort as other Governors have heretofore taken and used the same ; wherein we find the Lord Deputy, now appointed, very well disposed to temper his expences, and also desirous to avoid all unnecessary offence to be given on his part to the country, and for some ease therein we think meet there should"be some consulta- tion had so that the whole burden of the prerogative and cess may not be hereafter wholly laid upon the pale, if otherwise it may be belpen, but that the rest of the provinces next adjoining, may be ordered in some reasonable sort to bear part of the burden, whereof her Majesty's pleasure is there should be especial care had ; more- over we have thought it very convenient to require you the Treasurer there to make payment to the Deputy of such sums of, money as shall be by him disbursed and demanded for his trans- portation, and all other allowances in like sort as hath heretofore been allowed and paid to any former Governors of that realm ; and so we commit you to God. From the Court at Whitehall, the last of April, 1584." Your very loving friends, J. Bromley, Cane. 0. Howard. H. Sydney. W. Burghley. H. Hunsdon. Chr. Ilatton. R." Leycester. P. KnoUes. Er. Walsingham. ^ . Am. Warwick. James Croft. Wa. Mildmay. -, w (3 1585.] CHAKCSEBT, ntKLAlTD. 105 38 Membrame 4. 5. The Qoeen to Sir JoLn Peirot^ Lord Bqwty, tke Lorf Aid»- bishop, and the Council of Iidand, gnatia^ to Jokn WaJ^ aad William Tiant, in the name ftf tbe rest of the iBhaUoBts of the to wn of Dingle-i-CDshe, in the eoantj of KeRj, for the lestantim of their rninons and decayed estate, thnMi^ tke late recarZirn AeR, for their lelie^ and in die hope of the eoatiaiaace «f their &iih£d and dutifid beharioar ; that they wkj he fawaifoniaeJ by &e euee of Sovereign of Dingie-i-4»die, and tlot tkej :^aD hare tkdr dbaiter granted, tiiith snch leasonaUe liberties as Sngbeda haik, -vU aB cocket and petty CDshmts <^ vares eow^ to the iava, die H^art of wines only excepted; and th^ they dadl haTe the iseae af al the amerciaments aad fines growiag ia the towa, ceaed I7 Ihua selves ; they shall hare the sqenority ^id < la aww l i m\ wS ike two faarbonrs and roads next a^«Maia^ dat U to say, ^e Teatrr and [Smerwick] within three auks, vhfc Ae Feste^ aeA, wkk all customs, (imports and wrecks eseqpted), iha£ are ta he leeeii^ there; tiiey shall for ever have ftr ci»iKaa pab4aiefe, twa called the Haqieistowo^ and a ho^fe ia de tawa belonging to John Hassey, hidiy attaiated, ta ^ike tf the i gaol and a common eonrt-hoase. '* H whirh ■■■ la al 11 ili pleasure is to giant unto theaiia thk their carter rfs "we will and command yoa tteieftceto easae: «ar smi rfc_, , tion to be aceordin^y made wato thea ia dae aad ^^Sr^wg an^ law of all the above pvenaes, aad the aaae ta he aideilT xni ^3iT passed and ddivesed tn tiw i»lalir ifcm«fe -f TY'mJk 1 aih " 1 1 Iliul.1. patent under onr gnat aeal, lor the asainee «C Ae tara'aaw ^ inhabitMitB, to he iaeorpaiated ia ^ukt ahare — u ^„^| point of their snii is that we woaU hc^aw aMa ^m w£ mzr f~^ the sum of JEjoo in Bwmcy towards Ae ffaigea rf waffiaer Ae»to»M with stone, thiee^naiteis of a mile eonaEee-aUaa^^^ - . meationed grant rf their charter, th^ have pKAS^U^Jamr ledge our fevonr and princely fibraaUr to On, ret t«^^ fc til performance of so good a work as the -rffiag rftlStawa, weaw further pleased to grant to them iEaoo^taliag. CM^^Z^ England which we will shatt be anowedToT^ ™to 4^^ £20 sterbng every year, out of the import of wines Aem anfaTti^ sum of £300 shall be fully rendered th^j andtoth^ST^ give order and warrant to the farmers and other our ofei^ dealers for the import of wines there, for the due payma^S same, binding the corporation in reasonable bonds toll^Z, ^ walhngof the town in such convenient space as^T^^^S^ shall think meet. -JJicA^^^^ jjecenO^ ,^^^ ^ S2S!^ [This town, wider the namt of D^LUhmiuL u /«..™f WKr^h,^. io6 PATENT AND CLOSE ROLLS, [ifiSg, 28 Elizabeth. Membrane 5. i«\ Elizabeth H. 6. The Queen to Sir John Ferrott, Lord Deputy, and the Lord Chancellor; stating that the Baron of Delvin was repairing into Ireland about the burial of his father-in-law, the Earl of Kildare, and the performance of other affairs in relation to his will, and req.uesting he should be received in Ireland with distinction and favour ; and her Majesty the better to express her favour towards him, grants him a lease in reversion of the Isle of all Saints in the county of Longford for 30 years, to begin immediately on the deter- mination of his present lease. — Bichmond, December 13, «585, 28°. Elizabeth B. 7 . The Qiieen to Sir John Perrott, Lord Deputy, and the Council of Ireland, granting a pension of 2«. a day to Peter Qraunt, of Waterford, in consideration of his having given intelligence of certain preparations in Spain. — Richmond, December 15, 1583, 28°. 8. Mortgage whereby John Gaidon FitzHenry, of Dublin, merchant, granted to John Whitney, of the same place, gentleman, a messuage in the parish of St. Michael, in the city of Dublin : To hold until payment of a sum of £12. — May 3, 1566. 9. Deed of gift made by Richard Barnewall, of Dublin, to Henry Geidon, of Dublin, merchant, of four messuages, with their appurte- nances, in Cook-street (strata quo quinar.ia), in the city of Dublin, and four messuages and an annual rent of 13*. ^d. issuing out of a messuage in the street of Saint Michael the Archangel : To hold forever. Witnesses: — Thomas Cusake, of Cosyngeston; Robert Ousake, Edmond Coyn, of Cosyngeston ; with divers others. — Atigust 14, 20° Henry VIII. 10. Letter of attorney from Richard Barnewall to James Rochford, of Dublin, merchant, to deliver seizin and possession of the messuages in the preceding article mentioned.— iw^ttsi 14, 20° Henry VIII. 11. Surrender by Richard Barnewall, of his right and title to th& premises, with their appurtenances (mentioned in article No. 9), to Henry Qdion.— August 16, 20° Henry VIII. 12. The Queen to Sir John Perrot and the Council of Ireland; directing Henry Oomerford to be put in possession of the rents of the lands now in lease to Francis LoveU; and on the expiration of Lovell's lease, that the lands shall be conveyed to Comerford, they being the estate of his ancestors, but which came to the Cro^^^ Act of Parliament, and by inquisition duly takSn.— ^ictowtf/ Decemier 14, 28°. 1586.] CHANCBRT, IRELAND. 107 13. Surrender by Sir Lucas Dillon to her Majesty, of all his lands *^ and poBsessiona in the town of Athlone. Elizabeth. Signed, Last of October, 25° Elizabeth. Lucas Dillon. Membrane 8. Elizabeth B. 14. The Queen to Sir John Perrott and the Lord Archbishop of Dublin ; directing the nomination of Robert Gardiner to the office of Lord Chief Justice of the Conunon Pleas ; an office which her Majesty, for the better administration of justice to her subjects of all sorts, thinks it very re(][nisite to have holden before her as in former times had been accustomed ; with a salary of £300, over and above the casual fees incident to the office ; and the Chief Justice is particularly enjoined to have an oversight and superintendence of all proceedings in the Courts of Common Pleas and Exchequer j to examine the course of the proceedings there, and to report to the Council concerning the wants, abuses, and defects, so as due reformar- tion be made according to the wisdom and discretion of the Council; all Judges, Barons, and Officers, are required to suffer the chief on all occasions to have access to and examine the proceedings and doings in those courts, and to view the records, actions, and process, for his instruction and information; and in the event of any resistance being offered, the Lords Justices are required to render him every aid and assistance. — Greenwich, February 19, 28°. 15. The Queen to Sir John Perrott, Lord Deputy, directing the nomination of Roger Wilbraham to the office of Solicitor-General, " he being a man who for his learning and other good parts was meet for that room." — Greenwich, February 11, 28°. 16. The Lords of the Council in England to Sir John Perrott, Lord Deputy ; referring to the appointment of Roger Wilbraham to the office of Solicitor-General, and informing him that as the fee appointed for that place was very inadequate to answer the charge incident thereto, and seeing that her Majesty, by reason of other great charges which she was at, could not be induced to encrease or supply the same out of her own coffers, they thought it proper earnestly to pray and require his Lordship to give order that the Solicitor shoidd have the allowance of four dead pays out of silch bands as could most conveniently spare it : " whereof we eftsones require you that there be no default: and so bid you heartily fare- ^^•— Postscript— Our meaning is that the said Master Solicitor's en- tertainment should be made as good as that of the AttorHey-QeneraJ 2g 108 PATENT AND CLOSE ROLLS, [1585. Elizabeth ^^^^^' either by dead pays or otherwise, as hath been ordered for ' the Attorney. — February 13, 1585. Jo. Cant. H. Hunsden. Jamys Croft. T. Bromley, Cane. Cobham. ■ Chr. Hatton. W. Burghley. Buckehurst. Era. Walsingham. C. Howard. >0 Greenwich, February 12, 1585, 28 Membrane 9. 17. Surrender made in the court of Hackney of certain lands belonging to the lordship of Hackney, to the lord of the manor, by John God, citizen and taylor, of London. — March i, 9°. Elizabeth B. 18. The Queen to Sir John Perrott, Lord Deputy, and the Lords of the Council in Ireland ; directing a lease for 30 years without fine, to be passed to Daniel Kelly, of lands of the annual value of £20, " in consideration of his having slain the traitor, Desmond, and for his very good service done theiein."—-EicAmo7id, December 14. 28°. Membrane 10. 19. Lease whereby Nicholas Queytrot, of Dublin, master of the fraternity or guild of Saint Ann, within the church of Saint Audeon, Henry Tailer, and Thomas Phillips, " wardings " of the said frater- nity, demise to Henry Moyle, certain houses and parcels of land in the city of Dublin, for 31 years, at a rent of 13s. 4d. — September 29, 23° Benry VIII. 20. Deed of release made by George Bi-uges and Katherine his wife in consideration of a certain sum paid by Nicholas Gardiner, of the premises in the preceding article mentioned. — October 13, 1559, 5° Elizabeth. Membrane 11. 21. Lease whereby Nicholas Winfrey, master of the fraternity or guild of Saint Anne; Walter Barbie and Clement Halman, "wardings" of the said fraternity, demise to Thomas Barby, merchant, a house in Cook-street, in the city of Dublin : To hold for 61 years^— September 29, 38° Henry VIII. 22. Lease whereby Walter Barby demises to Nicholas Gardiner, a plot of ground, with a little chamber built thereon, abuting upon Saint Annes ground, on the east, and Cook-street on the south : To hold for the life of Margaret Barby, at a rent of 12s.— Aug'mt iz, 4° Elizabeth. 1585.] CHANCERY, IRELAND. 109 38 Membrane is. EUzabetli. 23. Proclamation of rebellion of Desmond and his followers : — "Whereas the Right Honorable Gerald Earl of Desmond, hath assem- bled us his kinsmen, followers, friends, and servants about him after his comyng out of Dublin , and qtade us privy as well to souch articles as was by the Lord Deputy and Council delivered unto him the 8th of July, 1574, to be performed, as also his answers to the said articles, which answers we find so reasonable, as wee, with one accorde doe coansell and advise the Earle not to consent nor yield to any more, than in his answer is already granted ; and further the Earl declared unto us that if he do not yield presently to the perform- ance of those articles, and put in his pledges for observation thereof, that then the Lord Deputy will bynd his force and make warr against him ] wee the persons underwritten, do advise and counsel' the Earl to defend himself from the violens of the Lord Deputy, that doeth aske so unreasonable a demand as in the two aTticles is contained, and to defend and stycke to this our advice and counsel, we renounce God yf wee do spare lyfe, lands, and goods, but will be aiding, helping, and assisting the Earl to maintain and defend this our advice against the Lord Deputy, or any others that will covet the Earl's inheritance. " In witness that this is our counsel to the Earl, we have here- unto put our hands this i8th July, 1574." Signed, Geret., Desmond. Daniel M^'Kannan, of Drombayne. Thomas, Lykesnae. Richard EitzThomas, of Killonane. John, of Desmond. Mauris FitzJames. John FitzJames. John EitzEdmond Gerald, Rory M'Shyagh. TJUick Bourke. Moroebo O'Bryen. Rory O'Heyn, of Loydoynmore. Moriertagb M.'Brien, of James Russell, Labayne. Louhorth. TJllick M'Thomas,of Ballynykargy. Ja. R B . John EitzEdmond 0. Gerald Bourke. Redmond EitzWilliam, of Rath- Richard Bourke. keyll. Donell O'Brien. Teige O'Heyn, of Kahirelly. John Browne. July 28, 1574. Elizabeth R. 24. The Queen to Sir John Perrott, Lord Deputy, directing Denis Catyn to be nominated one of the thirteen almsmen in Ireland in consideration of his good service, and of his wounds. " 20th April — There is paid to this poor man, being in great necessity, the sum of £10 sterling out of the receipt of the Ex- chequer, as -money chargeable upon the Treasurer's accounts W. Burghley.— ffreenjwcA, March 24, 27° ElmiJbeth. 1 10 PATENT AND CLOSE ROLLS, [1585 *^ Membrane 13. ElizabetK. 25. Conveyance whereby John Godd, merchant tailor, of Lopdon, grants to Anthony Colcloughe, of Blorton, in the county of Stafford, a mansion house, with garden and orchard, in Humberton, in the parish of Hackney, in the county of Middlesex, with other lands and possessions ; To hold for ever. Membrane 17. 26. Commission t& Sir John Perrott, Lord Deputy, to receive surrenders from the Irish, and to regrant their possessions to them, reserving a tenure by knight's service ; O'MoUoy, chief, of his nation and others, having consented to surrender their honors, seignories, and countries, and to receive them again subject to English tenures December 7, 28° Mlisabeth. Membrane 18. 27. Exemplification of a charter of Boss, granting license to the Sovereign and Provosts, for the time being, Burgesses and Commons, to pursue the Irish enemies who carry off their property, and to make reprisals upon them ; forbidding any Burgess, holding a tene- ment, to let same to strangers without permission of the Sovereign, Provosts, and Council of the town, and forbidding Irishmen to reside in the town without license, and the registration of their names. March 29, 1° Richard III. [In a writ of Henry the Third, dMed 26th October, supposed in the fourteenth year of Ms reign, it is stated that the citizens 0/ Waterford, had shown to the King, that ships with merchandize frequently totuihed at the port of Boss " to his great expense and damage, and to the ex- treme detriment of his city of Waterford ;" wherefore he commanded the Archbishop of DvMin, and JvMiciary of Ireland, not to permit any ship to touch at that port with merchandize, " to his expense, and the damage of his city, otherwise than, as ships were accustomed to touch there in the tim^ of King John, his father, before war moved between him' and his barons in England {Rot. Mem. 13, 14°, Edward II., m, 31, d)." There is also on record an inquisition had at Water- ford, on Saturday next, befoi-e the feast of St. Nicholas, in the ^ist year of the reign of Henry III., in which there is a long detail of grievances connected with the trade and shipping, some of them of rather a violent description, alleged to have been committed by the Burgesses of Ross, in forcing vessels from Waterford to Ross, to the dishonour of the King, and the prejudice of the liberty of Lord Edward; and concluding thus : and they {the Jurors) say, that unless correction be applied to those transgressions, the town of Waterford tmll, in a short time, be seen deserted by men, so that the Lord Edward may be deprimd of his revenue arising from the town: moreover, they say, that vihereas Henr^ of Coventry, a citizen of Waterford, came to Ros& with his ship laden with salti ond sold there, a <»rtavn part of th& same igSf] OHANGBBT, IRELAND. iii adt ; the mid Henry, because he temt kU tk^ to Watafuri «wti Ae s8 re^w of the salt, vias atteuAed bjf kis hodji, «md m^intBmei Sy «*« FBnt if th Commonalty of Boss, until he paid ajute qT'£iz. The charter of ineorporatioH qftkebmrxmjk i^£:4s, ig Meger Bfgat, formerly Earl of Norfolk, and Mardudl of Bugfamd, it p n m erwed on record {Rot. Men. 34, 35° Eliz. m. 5). ^ eomiaimi a l«mg lot tf privileges, several of whteh are ^reded a^jimti wtenAKKt itimnfut, and others, for the protedim «f ike Bmyeaa, mgntd dmim emd oppressions, which are nowseareefy bioirm ivea if maa^ ItmcfmiUedike Burgesses of toU,lastage,p Sptdn 112 PATENT AND CLOSE KOLLS, [1585. ■„,. *? ., France, and BrUtany : and a similar grant is recorded (Rat, Pat. 10° ^^''^^•HenryIV.,a,j5g,d). By charter dated 20th January, 1° Henry V., the King inspected and confirmed the charter of 9° Henry IV., with the addition of the following privileges; that the Sovereign should taJce cognizance of all personal pleas and pleas for lands, rents, and services, within the franchises ; that he should be escheator, coroner, searcher, justice of the peace, justice of labourers, and clerk of the market. That all suits of the inhabitants, or questions arising within the town, he tried before the Sovereign. The Sovereign, Bailiffs, and Commons, to have all fines and forfeitures for offences against the Crown, as well as for other offences, forfeitures, waifs, strays, chattels of felons and fugitives, escapes of felons, amercements, and forfeitures of meat, bread, beer, and . other victuals ; also, the custom of the cochet, without accounting to the King's Officers ; that the town should enjoy all the rights and liberties of Waterford, both by sea and land, and that it might have power to treat vrith the Irish enemies. This charter was inspected andrconfirmed by a parliament held at Westminster, 22nd March, 20° Henry VI. Edward the Fourth, in the ninth year of his reign, inspected and con- firmed the foregoing, and also granted an extension to New Ross, of all the privileges of Waterford, by land and water. By charter of 18th February, 1° Henry VIII., the King inspected and confirmed the charters of 28th February, 1° Richard II. ; and loth January, g° Henry IV. ; the inspeximus of 6th November, 28° Henry VI. ; arid the grant of I'jth July, 1° Richard, II. This was again inspected, and confirmed, by charter of 16th April, 2° Edward VI. {Rot. Mem., 34° Elie. m. 4, d.yj i 28. Surrender by Sir Thomas Plunket, Lord Baron of Louth, to Thomas Chamberlene, of Nizelrath, in the county of Louth, and John Clynton, of the preoeptory of Kilsarane, and the rectory of Monasterboyce, with all the glebe lands, tithes, and alterages thereto belonging : in trust for the uses in the deed mentioned. — December 27, 1570. Membrane 19. 29. Conveyance whereby Thomas Barred, Vicar of Fythard, granted to Edmond, son of James le Botiller, the manors of Droughere, Ballykyrin, Grallagh, Parkeston, Calragh, Cacher, and other lands in the county of Tipperary; Scule, in the county of Limerick ; Garrypayn and Carrick Ruagh, in O'Connyll, and Lovi- siston, in the county of Kilkenny; To hold to the said Edmond and his heirs male ; remainder to William, his brother ; remainder to John, his brother ; remainder to Richard, his brother ; remainder to Theobald; remainder to Thomas, son of John le Botiller"; re- mainder to the right heirs of Edmond for ever. — Monday next before the Feast of St, Michael the Archangel, 30° Henry. VI. 30. Conveyance whereby William de Burgo granted to William 1586.] CHANCERY, IRELAND. 113 Parvo, a cantred of land in Oonnaught, to wit, Kermochi, Cleon, and ^^ Molroni, for 10 marks in silver, to be rendered, and for the service Elizabeth. of two knights fees; andto Robert Parvo, his son, the cantred which is called Olentaie O'Dermod, and a "tued" of land in O'CunnilJ, which is called Trien Medonach, with all their appurtenances, in wood, in plain, in meadows and pastures, in moors and marshes, waters and mills, fairs and markets, soc, sac, -toll, and theam, with judgment of fire and water. — No date. Witnesses, Simon, Bishop of Meath. Hugh de Lacy. Richard de Tuyt. Walter de Lacy. John Mariscall. And many others. Membrane 20. Elizabeth R. 31. The Queen to Sir John Perrott, Lord Deputy, and the Lord Archbishop, directing a grant in reversion for ever to be made to Johana de la Hide, late wife of Laurence de la Hide, and to Richard, his son and heir, of the lands of Donshoghlen, in the county of Meath, which had been leased to Sir John Plunkett, together with the reversion and inheritance of the lands of Kyntayle nad Ballaines- tallon, in the county of Meath, and Whylomen, in the county of Kildare. — Richmond, August i, 1586, 28°. Elizabeth R. 32. The Queen to Sir John Perrott, Lord Deputy, and the Lord Chancellor, directing the nomination of John Horsefall to the Bishoprick of Ossory. — Richmond, August i, 28°. Membrane 21. 33 Surrender to the Queen by Shane M'Costeloe, of Castlemore, in the barony of Bealahawinsh, in the county of Mayo, principal and chieftain of his nation, of all his possessions in Castlemore, Kilcolraan, Benfadder, Ballindowe, Litter M'Phillip, and Ballalon, otherwise Slieve Oloe Manyn, TJllan, M'Gillevally, Bealagarry, Anagh, Caslean, Bellaorle, Tulivan, Beakan, Kenoghter, Cowgy, Ballindingin, and Errick, within the cantred and territory, and to the sept of the M'Costello appertaining; and renunciation of the title and name of " M'Costello."— Jw^e 20, 1586, 28°. Memorandum of Shane M'Costeloe, on the 20th of June, at the house of Saint Sepulchre, near Dublin, having voluntarily surren- dered the premises in the preceding article mentioned, to the Lord Archbishop of Dublin, for the use of her Majesty the Q^ieen. Elizabeth R. 34. The Quieen to Sir John Perrott, Lord Deputy, appointing Thomas Warre to the place of one of the almsmen within the Cas- TOL. ir. I 114 PATENT AND CLOSE ROLLS, [1586. aS tie of Dublin, ordained for poor, hurt, and maimed soldiers, — May Elizabeth. 9, z8°. Membrane 22. 35. The Lords of the Council in England to the Lord Deputy ; " alter our hartie commendations to your Lordships. Whereas the Baron of Delvin in j;hat realm, retorneth now thither with .her Ma- jesty's good favour and license, in the company of the young Erie of Kildare, partly for the execution of the last will and testament of the Erie, his father-in-law, deceased, and partly to look into the estate of his own landes, from whence he hath been so long absent ; even as we doubt not but that according to another letter written by her Majesty's order from us unto you in that behalf, you will yield unto the said Erie and Baron your lawful favor in all their honest and just causes; so particularly we have also for certain good considerations thought mete to pray you to take order that the Baron may be put into the possession of such lands and goods as shall be proved to have heretofore appertained unto him, and that he hath bine unlawfully dispossessed of sithe the tyme of his late troubles, to thintent, he may freely lett, sett, and dispose of the same to his most comoditie, and as he shall see cause. And whereas, he pretendeth that certain sums of moneye remain dewe unto him for the victualing heretofore of her Majesty's garrison in the county of Westmeath ; we pray you to cause his Lordship's demand to be considered of, and finding any remainder to be due unto him, to give order how, by her Majesty's Treasurer or other- .^ . , wise, the same may be answered unto him ; and so trustinge that I ^'^ I this shall suffice, wee bid your Lordship hartelie farewell. Prom Richmond, the 12th of December." Your very loving friends, C. Howard. H. Hunsdon. ' P. Knollys. Jamys Croft. Chr. Hatton. Era. Walsingham. 36. Lease, whereby Adam Archbishop of Armagh, Dean of the Cathedral of Saint Patrick, Dublin, and the Chapter, granted and conveyed to Henry Draicot, of Mariverton, in the county of Meath, all the tithes, personal, predial, and mixed, of corn and hay of the rectory of Saint Brigid of Killosserie, in the county of Dublin, which extends to the lands of Killosserie, Blackball, Bolleston, Lespople, Rath, Surgottestowne, and Caddelston, commonly called the tithes of Killosserie j To hold for 21 years, commencing from the determination of a certain demise made to the said Henry by Thomas Leveros, late dean, dated 4th July, 1557 : rent, £13 ds. Brf. ; finding a chaplain to celebrate and administer the sacraments and rites in the church of Killosserie, and repairing and maintaining the chancel. — Nov. 28, 1565. Memorandum of the Dean having delivered the deed, in the pre- ceding article mentioned, to the said Henry Diaioott, in the chapter- house, the 7 th of January, 1565. igSr-] CHANCERY, IRELAND. 115 Membrane 23. *8 37. Lease whereby Edward Moore, of Mellyfont, in the county of Louth, granted and conveyed to Henry Draicott, Master of the Rolls, five messuages, one hundred and forty acres of arable, and thirty acres of pasture, with the works and customs of the tenants of Deanrath, in the county of Louth ; To hold from the 8tb of February, 1583, for the term of 21 years; rent, £14 5s. — June 26, 10° Elizabeth. 38. Lease whereby Thomas Leverous, Dean of Saint Patrick's, with the consent of the Chapter, granted to Henry Draicott, the tithes, personal, predial, and mixed, of the rectory of Saint Brigid of Killosserie, in the county of Dublin, extending into the towns and lands mentioned in article. No. 36 ; To hold for 31 years; rent, £13 6s. 8d.; and finding a chaplain to administer the sacraments in the church of Killosserie. — July 4, 1557. Confirmation by the Chapter. Signed, Thomas, Darens. Nicholas Miagh, Prebendary. Thomas Oreifife, Precentor. Henry Daney, Prebendary of Robert Nangle, Chancellor. Tipper. Robert Wesley, Arch. Dub. ThomasFleminge,ofMaynooth. John Shandifhus, Arch. John Dongan, Prebendary of Patrick Pin Yago. Howth. Q-. Browne. .lames Sarsfield. Memorandum of the Dean having delivered the lease in the pre- ceding article mentioned to Henry Draicott, on the 12th day of July, 1557, in presence of Patrick Dowdall, Notary Public, Regis- ter of the Chapter. Membrane 24. 39. Lease whereby Thomas Tuite, of the Sonnagh, in the county of Westmeath, granted to Henry Draicott, of Marmerston, in the . county of Meatb, the lands of Damaneston, in the barony of Dew- leke, in the county of Meath ; To hold for 21 years; rent, £6 June 26, 13° Elizabeth. Patent Roll, 29° Elizabeth, 1587. 49 Elizabeth. Membrane 1. I. Appointment of Robert Caddell to the office of Chief Sergeant of the counties of Wexford and Wicklow : To hold by himself or sufficient deputy, during good behaviour. — Ifo date, 2. . Appointment of Sir John Perrott to the office of Master of the Ordnance, in place of Jam^s Wingfield, deceased ; with the custody VOL. II. I 2 ii6 PATENT AND CLOSE ROLLS, [1587. *9 of all arms, munition, and ordnance, and licence to supply them for Elizabeth, the public service. To hold during pleasure, with the leading and charge of 30 horsemen, to be entered on the Eolls remaining with the Clerk of the Check. — Sept. 11, 1587, 29°. 3. Another appointment of Sir John Perrott to the office of Master of the Ordnance, with a provision that he should not be removed for abuse of his office until that abuse be proved before the Governor and Privy Council of Ireland, and by them sent into England, there to be considered by the Lords of the Council. — Dublin, Sept. 14, 1587, 29°. Membrane 2. 4. Memorandum of the enrolment of the two preceding letters patent having been cancelled by virtue of a warrant from Sir Wil- liam FitzWilliams, Lord Deputy, dated at Dublin, the last of Feb- ruary, 1589, and enrolled in Chancery of the 32nd year of her Majesty's reign ; which warrant was granted pursuant to her Ma- jesty's letter, dated Greenwich, ist of February, in the 30th year of her Majesty's reign. Signed, Ad. Dublin, Cane. 5. Grant to George Thornton of the castle and lands of Ballerus- can, otherwise Downeneane, half of Urgarre, Ballynevollyne, Kar- rowreoghe and Ballynsconybegge, Ballynsconymore, Ardekellemer- tie, Ballicurrie, in the county of Limerick, containing, in the whole, three plowlands and a half, " which after the rate of nine plowlands and the third part of a plowland to a seignory of four thousand acres, ariseth to the number of one thousand five hundred acres :" To hold for ever, subject to the conditions of the plantation ; her Majesty " being minded to have the province of Munster repeopled and inhabited with civil, loyal, and dutiful subjects, to be accomplished according to her Majesty's intention declared in certain articles under the Great Seal, bearing date at Westminster 27th June, in the eight-and-twentieth year of her reign ;" and in consideration of the great charge and trouble which George Thornton sustained in transporting and planting English people within that province. — Nov. 2, 29°. In dorso. 6. The Queen to Sir John Perrott, Lord Deputy, and the Lord Chancellor, in favour of Nicholas Taaffe and Patrick CuUen . . . that Anthony Fyrres should have the Abbey of Arseroy ; James Vaughan, a lease of lands of the value of £20 a year ; and that the Countess of Desmond should have a pension of one hundred pounds, Irish. — August i, 1586, 28°. 7. The Queen to the Lord Burghley, Treasurer of England, direct- ing the pension of George Thornton to be increased to eight shil- lings a day. — July 28, 28° 1587.] CHANCEEY, IRELAND, 117 Mr. Secretary Walsingham certifies the preceding letter to be a *9 true copy of her Majesty's letter to the Lord Treasurer of England Eliziibetli. in favour of George Thornton. "" Membrane 2. 8. Lord Burghley, Treasurer of England, to Sir John Perrott, Lord Deputy, " after our very hearty commendations to your lord- ship ; her Majesty hath been pleased, in consideration of the paine- fuU and good service done by the bearer, George Thornton, for the space of twenty years, as it hath been informed unto her Majesty, to encrease his pension of 4s. Irish per diem, to 8«. Irish, and so hath signified her pleasure unto me by her letter, bearing date the 24th day of the last month ; by which her Majestie requireth me to give order, from time to time, to cause payment of so much as shall grow due to him, to be paid here out of such treasure as shall be assigned for that realm ; and that this, her Majesty's grant, be entered of record in the Exchequer ; so she also requireth me to give notice thereof to your lordship, that you may cause her Ma- jesty's letters patent accordingly to be passed unto him under the Great Seal, and likewise that he be entered amongst the pen- sioners there, as also that thereof your lordship give notice both to the Treasurer at War and Auditor, as more particularly will appear to your lordship in the double of her Majesty's letter, which will acquaint your lordship withal under the hands either of Mr. Secre- tary or some of the clerks of the signet ; and, moreover, I have thought good to let you understand that he hath already imprested unto him so much as shall be due to him until Michaelmas next ; whereof it may please your lordship to give understanding to Mr. Treasurer and the auditor; and so I most heartily bid your lordship farewell. Prom the Court, the last of August, 1586." '■' Your Lordship's assured, loving friend, " W. Burghley." Elizabeth R. 9. The Queen to Sir John Perrott, Lord Deputy, and the Council of Ireland, directing that John Lye, of Clonagh, in the county of Kildare, should have a lease of the lands of Eathbride, Morristow- biller, and Crotanstoune, for 60 years, in reversion or possession, "in consideration of the general testimony delivered by the Deputy under the hands of the Council, and by a particular letter from the Lord Deputy to the Secretary Walsingham, in commendation of the said John Lye, both for his own service and for that of his ances- tors and the charges he sustained in building a castle and bawn upon the farm called Clonagh, but which farm he was about to sur- render in consequence of a grant in reversion of it being passed to one Oaiough More. — Manor of Richmond, Jvly 24, 1586. 10. Order of Ch. Calthorpe and Roger Wilbraham, stating that they had entered into the consideration of the case of Sir Patrick ii8 PATENT AND CliOSB ROLLS, [1587. *9 Barnewall, and found it to be as follows :— " He hath produced a Elizabeth. ^^^^ ^^f gy£^^ ^^^^ ^,y y^ father, entitling him to aU the farms con- tained in Mr. Auditor's certificate ; and hath also brought unto us a sufficient testimonial that his father departed this life upon the 7th of August, 1375." Whereupon, we have searched in the office of the Rolls to know what nature these warrants were of, upon which those parcels were passed, and at what time they did likewise pass ; and we do find, "that all the parcels contained in Mr. Auditor's cer- tificate are passed in reversion to others, but some of them in the lifetime of his father, which, in our opinion, doth not fall within the compass of Sir Patrick's warrant from her Majesty. The whole sum which is passed in reversion from Sir Patrick in sort, as her Majesty's letters will bear a recompense to be made unto him, amounteth but to £91 iSs., Irish, whereof £33 iis. Sd. is passed for three score years, £21 for 31 years, £37 3*. 4^. for 40 years ; so, as we think, your lordship is to pass unto him, by virtue of her Highness's warrant, but fower score eleven pounds fifteen shillings, Irish, whereof he is to have thirty-three pounds, eleven shillings, four pence, for three score years, £21 for 31 years, and £37 3s. ^d. for 40 years," Signed, Ch. Calthorpe. — Ifo date. Roger Wilbraham. Membrane 3. II, Commission to George Dormer and Walter Roche, of "New Rosse, to determine a suit instituted by Peter Aylward of Water- ford, and Lord Power, of Ourraghmore, relative to the manor in the succeeding article mentioned. — May 14, 28°. I a. Proceedings in a suit instituted in Chancery by Peter Ayl- ward, of Waterford, against Sir John Power, knight. Lord Ourragh- more, in relation to the manor of Cowlemacsawry, in the county of Waterford : defendant asserting that long before the alleged title of the complainant, his, defendant's, great-grandfather, Richard Power, was seized in his demesne as of fee of the manor in question. Re- plication, rejoinder, and surreplication, being filed, issue joined, and witnesses examined, the parties referred the case to the adjudication of Walter Roche and George Dormer, of Rosse, who, not being fully satisfied as to the right of the parties, (by consent) decree that Ayl- ward shall for ever have the lands called Gortrie, and Lord Ourragh- more shall for ever have the lands of Carrigliew. Signed, Walter Roche. George Dormer. —Oct. 10, 28°. Membrane 4. 13. Petition of Hamond Stafibrd to the Lords of the Privy Coun- cil, stating " that he and his ancestors having been seized (for three hundred and odd years), of the town of the Ring, and the lands IS87.] CHANCERY, IRELAND. 119 thereunto belonging, in the county of Wexford, about 23 years since *9 Jasper Codd pretended title thereto, and commenced a suit against Elizabeth. Daines StaflPord, the plaintiff's father, before Sir Hugh Curren, then ' Lord Chancellor, and taking advantage of the impotence and doting age of your petitioner's father, obtained by default a decree that he should be put in possession of the lands. Notwithstanding afterwards the Lord Chancellor revoked the decree, and directed an order to the seneschal and sheriff to restore possession to the elder Stafford, upon whose death the title of your petitioner was again questioned by the said Jasper Codd, when the Lord Chancellor finding the former decree of record made a decree in favour of Codd, by default of your petitioner, who was then a minor. Petitioner therefore prays the Lord Chancellor's letter to be directed to the Lord Deputy and Council to summon Codd before them, and give to petitioner sufB- cient counsel learned in the law to prosecute his suit." — No date. 14. The Lords of the Council in England to Sir John Perrott, Lord Deputy, referring to him the consideration of the case in the preceding article mentioned, and if the suggestion of the plaintiff should be found to be true, that " he may be favoured for the main- tenance of his rightful title and continued in peaceable possession." Signed, Jo. Cant. W. Burghlie. C. Howard. H. Hunsdbn. Cobham. T. Buckehurst Jamys Croft. Chr. Hatton. Jo. Davyson. J. Wolley. Fra. Walsingham. Windsor Castle, Oct. 7, 1586. ig. Letter of Attorney from Richard Stanyhurst, authorizing James Ryan to receive his rents, and make leases, acquittances, and discharges during his absence in England. — July 23, 1575, 17°, Membrane 5. J. Perrot. By the Lord Deputy and Council. 16. Order of the Lord Deputy and Council, discharging Sir Nicholas White, Master of the Rolls, from payment of the sum of £100, which was lent to him by the Treasury, on the occasion of his attendance in London from Christmas until midsummer, before her Majesty's Commissioners, appointed for examining such concorda- tums as were granted during the government of Sir Henry Sidney, for examining the state of the army, abridging its numbers, and re- ducing it to a certain establishment ; examination of her Majesty's debts, and other matters touching the state of the realm. Signed, Lucas Dillon. J. Armachan. J. Eilmore. Robert Dillon. Henry Colley. Dvhlin^ Feb. 2, 1386. I20 PATENT AND CLOSE KOLLS, [1587- ^9 17. The Lords of tbe Council in England to Sir John Perrot, Elizabeth. Lord Deputy, touching the records of the Auditor's Office.' " Whereas, certain muniments and records appertaining to the Auditor's Office of Ireland are, as we hear, dispersed into divers men's hands out of the office, which are very necessary to remain with the Auditor there for her Majesty's service, and better dis- charge of his duty in the exercise of that place ; and also at this present time upon the resignation of the office, as we are informed, some secret practices have been wrought to abridge the commoditie of the office, by taking away the captain's reckonings and other commodities usually going and appertaining to the office of the Auditor, and converting the same to the benefit of others ; for as much as this gentleman, Mr. Peyton, the bearer hereof, is by her Majesty and Council appointed to succeed Mr. Gennyson, the Audi- tor now present, and by their agreement is to enter upon the same in Hilary Term next; we have thought good hereby to advertise your Lordship of her Majesty's pleasure in that behalf, that you do not only aid and assist the said Mr. Peyton in calling in the records, and taking examination of such persons as shall have any such engrossments in their hands, but also your Lordship do cause an inventory to be made what books and records should remain and go with the office, and what books shall be delivered to Mr. Peyton at his entrance : Giving your Lordship to understand her Majesty's meaning and gracious pleasure to be, that Peyton shall have the office of Auditor, with all records, profits, and commodities, in as ample manner as Mr. Gennyson or any other hath had heretofore, as well for all manner of accounts and reckonings of captains and other officers, whereof declaration from time to time is hereafter to be ex- pected for at his hands, as for all fees and allowances usual, without detaining of any record or account from him, or abridging of any fee or commodity, and without the intermeddling of any person whatsoever in the office of the Auditor. And whereas he is, among others, appointed a Commissioner for the survey of the attainted lands in the province of Munster, her Majesty's pleasure is that, for the time he shall be employed in that extraordinary service of the survey, he shall have the allowance of 20s. a day for the time of his travaile in the country about and in the same ; and for the engross- ing of the surveys, such consideration besides as your Lordship shall think his labour and charges deserve. From the Court at Green- wich, 22nd Dec, 1586. " Your Lordship's loving friends." T. Bromley, Cane. W. Burghley. Buckhurst. C. Howard. Cobham. R. Leycester. Chr. Hatton. Fra. Walsingham. Jamys Croft. H. Hunsdon, A. Warwick. W. Davison. Wa. Mildmay. 18. The Lords of the Council to the Lord Deputy, directing the appointment of Eustace Harte to the office of Receiver or CoUeotor 1587.] CHANCERY, IRELAND. 121 of the county of Limerick, " it being necessary that collectors and 29 gatherers should be appointed of tlie Earl's rents and eschaeted lands Elizabeth. in Munster, which came to her Majesty's hands by the last parlia- nient held at Dublin ;" To hold during pleasure. Signed, W. Burghley. C. Howard. Buckhurst. H. Derby. H. Hunsdon. Ch. Hatton. A. Warwick. Cobham. Era. Walsingham. Greenwich, Jan. [ j, 1586. Membrane 6. 19. The Queen to the Lord Deputy and the Lord Chancellor, direct- ing a pension of £17 3s. 6d. to be passed to William Parris Feb. 9, 29°. •20. Instructions from the Queen to Sir John Perrott, Lord Deputy, relative to the town of Youghal. " First ; Whereas, formerly we advertised you that we were pleased to bestow upon our town of Youghal, in fee-farm, some of our eschaeted lands lying commodiously for them, and being certified by you of such being no parcels of any of our manors, the which do conteyne nyne quarters, whereof by your opinion declared to our Counsell for their dutifulness in abi(l- ing all dangers and extremities in the time of the last rebellion, we should graciously deal with them in granting to them six quarters ; we relying on the certainty of your certificate to our Council of their assured dutifulness unto us, of our more ample grace and favour, are pleased to give and grant to them the whole nine quarters hereafter especially expressed, namely, Bulynetra, five quarters ; Bullynmonty, alias Bullymtie, one quarter ; Kilneearragy, two quarters ; Ballyne- modugh, one quarter, in the county of Waterford : To hold to them and their successors for ever in fee-farm, by such term as you shall think convenient, reserving the rent heretofore accustomed to be paid. " And whereas our late servant, Peter Caree, one of our pensioners, being appointed Constable of Donluce, was there betrayed bv some of his own, and miserably slain by the Scots, wherein he lost certain of our implements and utensiles delivered by your order, and victuals for six months thither brought ; we, respecting the loss of his own goods, at the same time, and having commiseration of his poor widow, Katherine Caree, left with five small children, do remit, pardon, give, and grant unto her, as well the said utensiles as the store of victuals there lost, and therefore would have you give order accordingly for the said Katherine's discharge of the premises." ' 21. It being certified that John Bennyon hath been a long and painful servitor in that our realme, and by license of you, our Deputy, having departed from thence to serve under the disloyal Stanley in the Low Countries, became, under him Lieutenant of a 122 PATENT AND CLOSE KOLLS, [1587. s? Regiment ; and notwithstanding that Stanley most unnaturally and Elizabeth, traitorously revolting from our allegiance, used many fair promises and great persuasions to seduce Bennyon to do the like, yet he con- stantly persisted loyal unto us ; and before his departure with Stanley out of Ireland had a yearly stipend of twenty pence ster- ling by the day, by order of you, our Deputy ; we are contented and pleased to increase the same to two shillings current money, to be paid out of the Treasury, until such time as he shall be employed again in our service. And being likewise credibly informed that Randall Brearton hath a long time served us in our wars of Ireland, at Newhaven, and lastly as Captain in Stanley^s Regiment in the Low Countries, and was dealt with by Stanley as Bennion was, and yet nevertheless remained a faithful subject unto us : we are there- fore pleased and contented to bestow upon him a yearly pension of 4 shillings Irish a day, to be paid in such manner as we have ap- pointed the pension to be paid to Bennion." 22. And our pleasure is, when any of the captains that have charges of bands, or any others that have the keeping of wards within the realm, shall die or leave their charge, that then the offices and places be conferred by you on such as have pensions of us, having respect of their sufficiency for supplying the places; and then our pensions shall cease to be paid." — Greenwich, March t6, 1586, 29°. Membrane 7. Elizabeth R. 23. The Queen to the Lord Deputy and the Lord Chancellor, directing William Lyon, Bishop of Roscarbery, to have, in commen- dam, the Bishopricks of Cork and Cloyne, in consideration " of his diligence in well instructing the people of his diocese, as also for the hospitality which he keepeth amongst them." — Greenwich, March 24, 29°. 24. The Lords of the Council in England to the Lord Deputy, directing a pension of 2s. a day to be granted to William Kelly out of the bands serving in Ireland, without encrease of her Majesty's charge, " either out of the dead pays allowed to the captains, or out of the bands of the footmens pays, naming the captain in whose band it is to be allowed ; in consideration of his long service in Ireland, France, and Scotland in her Majesty's wars, and lately in the Low Countries, and for his perfection in science." Signed, T. Bromley, Cano. A. Warwick. Jamys Croft. W. Burghley. R. Leycester. Ch. Hatton. Or. Shrewsbury. C. Howard. Era. Walsingham. Henry Darby. F. EnoUes. Gremvnch, March 2(5, 1587. IS87.] CHANCEEY, IRELAND. 123 Membrane 8. ap 25. Licence from Henry the Eighth to John Earl of Slirewshnry, ^'"^''eth. and John Talbot, his son, John Saint Leger, Thomas Sueterby, Patrick Lovell, William Verdon, Stephen Nicholl, Peter Maneive, Nicholas Wolfe, William Wolf, and Nicholas Maigallyn to found, in honour of God, Holy Cross, tlie Blessed Virgin, Saint George the Martyr, and Saint Katherine the Virgin, a fraternity or guild within the parish of A.thirdee, to be called the Guild of Holy Cross, Saint George the Martyr, and Saint Katherine the Virgin ; that two masters shall govern the guild, and protect whatever lands or posses- sions may be granted to them ; they shall have power to nominate other masters and remove them when occasion require; have a common seal to serve for the aflairs of the fraternity, which shall remain in the custody of the masters ; the masters may plead and . be impleaded, answer and be answered in all courts, secular and ecclesiastical; they may assemble themselves as often as occa- sion shall require, to consult concerning the affairs of the guild, and make rules and ordinances for their better rule and government ; they may establish a chantry, consisting of one or more chaplains, to celebrate divine service in the church of Athirdee for ever, pray- ing for the King, the lieutenant, the founders, the brothers and sisters of the guild, their benefactors, and the souls of the faithful departed for ever ; they may acquire lands, tenements, rents, and advowsons of churches to the value of £40 a-year; To be held of the chief lord of the fee, by the service thereout due and of right accustomed. Signed, Dyke. Gastlehnock, March 15, 25° Henry, [ ]. Membrane 9. 26. Charter granting to Hugh O'Neile the title of Earl of Tyrone for life; remainder to Hugh, his son ; remainder to Henry, his second son ; remainder to Cormac, brother of the Earl, and his heirs male. Also the title of Baron of Duncannon, otherwise Dungannon, for life : and that they may the better and more decently maintain this dignity, the Queen grants all the lands, tenements, advowsons of churches, and other possessions which he held in Tyrone, saving the castle lately built near the river, called the Blackwater, or the Great Water, and 240 acres adjacent to it. Liberty to hold a market at Omagh on every Saturday, another at Anaghe on every Monday, another at Duncannon on every Thursday ; a fair at Dun- cannon for three days, on the vigil, feast, and morrow of the Assumption; and her Majesty orders that another market shall be for ever held for her and her successors at Ardmagh on every Tues- day. — Westminster, May 10, 29°. Membrane 'j. 27. Interrogatories to be administered to witnesses on behalf of Adam, Lord Archbishop of Dublin, Lord Chancellor of Ireland : — 124 PATENT AND CLOSE BOLLS, [1587. j^ Do you know Kellam Shrawley, of London, skinner? AVhere Elizabeth. ^^^ 7°" ^^^'^ b™ pronounce and declare any infamous or slanderous speeches against the Archbishop of Dublin, either touching his person or his behaviour in any judicial or other office he holdcth and exerciseth for her Majesty ? If you did hear such infamous speeches, then, when, where, upon what occasion, and who was pre- sent? — Mai/ 19. 1587. 28. Commission to Robert Gardiner, Sergeant-at-Law, Chief Jus- tice of the Chief Place, and Robert Dillon, Chief Justice of the Com- mon Bench, to examine witnesses, ad perpetuam rei memoriam, on behalf of Adam, Archbishop of Dublin, and Chancellor, to the inter- rogatories in the preceding article mentioned. — May 20, 29°. 29. Summons, directed to John Parrell, of Dublin, merchant ; Thomas Vesie, of London, grocer ; Matthew Handcock, of Dublin, merchant ; and Christopher Challoner, to attend before the Com- missioners, on the 23rd May, 1587, to give evidence. 30. Depositions, taken 23rd May, before the Conraissioners: — John Tyrrell deposes that about the ist of August last, upon a con- ference had between him and Kellam Shrawley, the latter stated "that the Lord Chancellor had offered him great injustice in staying one Richard Wilcockes, his man, being bound to shipbord, because he would not deliver a bond wherein one Reynoldes, of Dublin, merchant, stood bound to Shrawley ; to which deponent answered, 'You say not well, for my Lord Chancellor is a good justice.' Unto which Shrawley replied, 'My lord was unfit to be a judge, and was a corrupt and partial judge ; and, by reason of his alliance, none could have justice there but such as himself pleased, by reason of the marryinge of his daughters ;' and further said, ' What was he before he was Chancellor but a jack and a knave, and setting his Chancellorship aside, his man was as honest a man as he ; and that he would prefer a bill to the Council of England, showing his injus- tice,' with many other opprobrious and malicious words. These speeches were spoken in London, at the shop-door of deponent, in Cheape Side, at the sign of the Pox." Mathew Handcock, of Dublin, merchant, stated he heard Shraw- ley affirm " that by reason of my Lord Chancellor's alliance in Ire- land, no Londoner could have justice." Christopher Challoner deposes that he heard Shrawley say, " the Lord Chancellor of Ireland did offer to his man, Wilcocks, great injustice; that he was a corrupt judge, and that his man was honester than the Chancellor, setting his authority aside ; and that by bribes he did maintain his daughters in their braverie ;" and further said, "that by means of alliance, by marrying his daughters with gentlemen in Ireland, no Londoner could have justice at his hands ; that he was a corrupt man, and so he would prove him." Signed, B. Gardner. Robert Dillon. 1587.] CHANCEKY, IRELAND. 125 John Perrott. ap 31. Warrant from the Lord Deputy to the Barons of the Exche- Eli zabe th, quer and Sir Nicholas White, Master of the Rolls, to ascertain by what title Thomas Waddinge held the lands of Knockmoim, and other lands, by him purchased from Morice PitzJohn. — Castle of Dublin, May 16, 29°. 32. Certificate of the Barons of the Exchequer to the Lord Deputy, confirming the title of Thomas Waddinge to the lands in the pre- ceding article mentioned. Signed, Lucas Dillon. N. White. Ric. Segrave. — Last of May, 1587. Membrane 13. 33. The Queen to the Lord Deputy, the Lord Archbishop of Dublin and Lord Chancellor, directing a lease to be passed to Peirs Hovenden, for fifty years, of lands of the value of £20 sterling a year, at the request of the Earl of Tyrone, " to whom her Majesty would not willingly deny any favour, knowing his devotion to her." — Nonesuch, May 12, 29°. 34. The Queen to the Lord Deputy and Council of Ireland, directing a lease in reversion to be passed to John Meagh, Justice of Munster, of the lands of Garrigneena and Carrigneedy, in the county of Cork, for thirty years. — July 24, 28°, 1586. Membrane 14. Elizabeth R. 35. The Queen to the Lord Deputy, the Treasurer and Barons of the Exchequer, concerning the Bishop of Meath's sermon : — " Right trusty and well beloved, we grete you well. We have, since the repaire hither of the Bishop of Meath, caused him to be charged with his sermon, so greatly by you misliked, enveyghing in so sharpe and vehement sorte against those that are of the Romayne religion in that our realrae, after you had imparted unto him our direction to you that such a sharpe maner of proceedinge should be forborne by our clergie there; and his contempt committed in repairinge hither without your leave. Now, touchinge the first two points concerning his sermon, we did think meet to refer the examination of the first point thereof unto the Archbishop of Canterbury, who, althouo-h upon the examination of the matter, did certify unto us that nothing was uttered in the sermon by the Bishop that might minister any just cause of ofifence ; yet we have lett this Bishop understand our great mislike of him for not repairinge unto you in a dutiful and charitable manner, and first to have privately admonished yone of such matters as need reformation, before charging you with remises in that behalf in open pulpit, and there- 126 PATENT AND CLOSE ROLLS, [1587. *9 fore we have given him streight charge henceforth in this and the like Elizabeth, cases, to beware how he committ any like offence ; for the second, touchinge our direction given you to advise both him and the rest of the clergy there, to carry themselves temperately in their ser- mons, he very constantlie denieth that ever any such advice was by you imparted unto him before his sermon, or that he otherwise heard of the same ; and for the latter point, in cominge over with- out your leave, he affirmeth he did not onlie aske leave, but the same was also by you granted, and by him thankfullie accepted, which is testified hither under the handes of four of our Privie Counsell ; wherewithall in this point we cannot ' but rest fullie satisfied, he also offering, upon pain of our displeasure if it shall fall out otherwise, to justify the same, if neede were, by the testimony of two of our Council, your license for his coming being granted, as he sayeth, in the presence of six. All these things considered, and as we perceive this Bishop hath many good parts of wisdome and learninge meet to serve us in his callinge, either there or in this our realme, we have thought good, after this admonition given unto him, to dismiss him with some show of our favour ; and, therefore, as we have been credibly informed that the Bishop hath often and long in public causes served us there as a commissioner at his own charge and without any allowance, we are pleased at his own humble suit, alleging his poor estate, and that his bishoprick is greatlie overvalued in our books, but chiefle of our own grace and bountie, to remitt unto him his single and first-fruits, requiring you to give order to the Treasurer to give to him (the Bishop) a fall discharge thereof And as an action of jntrusion hath been com- menced with you against the Bishop, grounded upon the statutes of the 26th and 28th years of our most dear father, as also upon the statute of the second year of our own reign, made for payment of first-fruits, and as it is certified to our Privy Council that this in- trusion was committed rather by the default and absence of our ordinary oflicer, the Clerk of the First-fruits, who should have received the Bishop's composition at the place where he tendered it, wee hold it a cause worthie of commiseration, and think it meet, to the end that the Bishop may carry himself with that respect towards you that appertaineth to your place and calling, to refer the prosecution or stay of the action to your consideration, particularly as in a letter written by you to one of our Privy Council you did acknowledge that the prosecution of the action were an over-severe course of prooedinge." — Nonesuch, May 12, 1587, 29°. Membrane 15. 36. The Queen to the Lord Deputy, directing the appointment of Tirlagh Leynagh, to the office of Captain of all Tyrone, during his life, saving such parcels as were set over already to the present Earl of Tyrone, by Tirlagh, paying unto him the sum of one thousand marks during his life ; secondly, to the end that this sum should be paid to Tirlagh, her Majesty directs that it should be received or paid out 1587.] CHANCERY, IRELAND. 127 of the Earl's entertainment for his band of fifty horse ; thirdly, Tir- Elizabeth. lagh shall have the superiority, for his expenses and other accustomed duties, over Maguire and Ochane, according to the first agreement with the Earl of Essex, and for the due performance of the pre- mises, namely, of the Captainry of Tyrone, and of the superiority over Ochane and Maguire, her Majesty directs a grant to be made to him of the premises. And as it was covenanted between her Majesty and the Earl of Tyrone, that he should make to Sir Arthur O'Neale, such assurance to him and his heirs male of the inheritance of the lands between the rivers of Darge and Pynne, and the castle of Strabane, as should be by the Deputy and Council required of the said Arthur ; he answering such customs and duties to the Earl, as his father paid and yielded to Con O'Neill, first Earl of Tyrone, grandfather of the, present Earl; her Majesty directs that Tyrlagh Lenagh be made privy to this assurance to be passed to Sir Arthur by the Earl, and that the Lord Deputy should cause the same to be passed according to the articles entered into between her Majesty and the Earl. — Nonesuch, May 10, 29°. 37. The Queen to the Lord Deputy and the Lord Chancellor, directing letters patent to be passed to Robert Pigott, of the lands of Desert, in the Queen's County : To hold to him and his heirs, in consideration of his building and fortifying his possessions, whereby the country would be the more speedily inhabited, and civil government ensured — Nonesuch, May 25, i587, 29°. Membrane 16. 38. Assignment from George, Earl of Shrewsbury, Wexford, and Waterford; Lord de Talbot, Furnivale, le Strange, and Wordon, to Robert Dauke, son of Henry Dauke, of a messuage and 1 20 acres of land, in Mowrontown, in the parish of Kildowan : To hold for ever, according to the antient custom and usage of the manor of Balma- karne : Witness, Thomas Rawcester, seneschal of the liberty of Wexford. — Wexfixrd, September 20, 1 1° Henry VII. Memorandum of the preceding deed having been exhibited on the 27th June, 1587, to the Lord Chancellor, who, on examination of it, with the antient seal detached, ordered it to be enrolled. 39. The Queen to the Lord Deputy and Council of Ireland, directing a pension of one shilling a day to be paid to Katherine Caree, in consideration of her husband, " when appointed Constable of the Castle of Dunluce, having been betrayed by some of his own, and miserably slain by the Scots, to the great loss of his poor widow, left with five small children without any means for their maintenance or bringing up." — Greenwich, April 4, 1587. 40. The Queen to the Lord Deputy, directing Sir Richard Bing- ham, Governor of Connaught, immediately to repair to her presence, Elizabeth. 128 PATENT AND CLOSE ROLLS, [1587. her Majesty requiring his service, under her " cousin of Leycester," in the low countries : and nomination of Sir Thomas Strange, to supply the place of Bingham during his absence. — Nonesuch, last of May 29°. Membrane 17. 41. Commissiofi to John Marbury, one of the Council of Con- naught ; John Moore, Clerk of the Crown ; and William Walton, Customer of Galway ; to examine witnesses on behalf of Roger O'Plaherty, to such interrogatories as should be exhibitted to them. — Bvhlin, July 3, 27°. 42. Interrogatories on the part of Roger O'Plaherty ^ — whether Gnobegg hath been the antient inheritance of GilleduflF O'Flaherty, who died seized thereof in fee ? whether Gnobegg contained the de- nominations in the interrogatory mentioned — the mears? what duties he, as Chief O'Flaherty, had or ought to have] 43. Depositions of witnesses taken before John Marbury, John Moore, and William Walton, 20th August, 1585, by virtue of the commission mentioned at Article No. 41. Tege ne Bully O'Flahertie deposes "that Gnobegg was the antient inheritance of Gilleduff O'Flarhertie, that he died seized thereof, and his heirs had it after him : witness states the bounds and contents : he heard the sect, inhabitors, of the land confess that there was due to the sect of Gil- leduff, 40cf. sterling, annual rent ; but now of late, Morogh ne Do, waxing strong, took the rent— "Connor Conny O'Dowran, of Bonoen, Serjeant of the O'Flaherties country, agrees with the pre- ceding deponent, John Bley, priest, says he knew the sept of Gille- duff to have Gnobegg: his cause of knowledge is that he was parish priest there 40 years ago. and amongst the benefactors of the church he found him (Gilleduff) written, and prayed for him according to their custom ; saith that Mortagh, son of Hugh Oge, and father of Roger, was killed in the Castle of Moycullen, and there is no doubt but Roger is the legitimate heir of Murtagh, for Murtagh and Eveline Kirewan were married, and he himself baptised Roger. Dermot M'Morroughe says that Hugh Oge was son to Hugh More, and was " O'Flaherty," and father of Murtagh, father of Roger, and was seized of the lands before he was " O'Flaherty ;" and after ; that Murtagh was slain by the sept of Edmond O'Flaherty, namely, by Bryen O'Flahertie, and Donell Crona, who are yet alive ; and that Hugh Oge, then O'FlaJiertie, was taken by the murderers, and by them detained without meat or drink, until he died by famine." Membrane 20. 44. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in reversion for fifty years, to be passed to Robert CoUam, of lands of the value of .£20 a year. — Nonesuch, May 12, 29°, 1587- 1587.] CHANCEKY, IRELAND. 129 Elizabeth R. a? 45. The Queen to the Lard Deputy and the Lord Chancellor, Elizabeth, directing a pension of sod. a day to be granted to Owhny M'Shane O'Moore. — Oatlands, Aiigust 23, 29°. Elizabeth R. 46. The Queen to the Lord Deputy ; directing Salamou, servant of Tirlagh Leynagh, to have the first church living that should happen to be vacant, in consideration of his having been a good and discreet instrument about his master, by persuading him to continue loyal and dutiful towards her Majesty, whereby hath ensued the ^^_--- quiet of that country ; her Majesty requires that Salamon should be found learned and btherwise qualified, and if so, she desires that the dean of Armagh should be placed elsewhere, and the deanery given to Salamon. — Nonesuch, May 12, 29°. 47. Commission to Sir John Norris, president of the province of Munster ; Sir Henry Wallopp, Treasurer at War ; Sir Valentine Browne, Sir Edward Fitton, Sir George Bourcher, Sir William Harbert, the Justices of Assize and Gaol Delivery within the county of Cork j the Attorney and Solicitor-General, John Reeves and Andrew Reade ; to determine all causes in the province of Munster. — Greenwich, April 26, 29°. Membrane 22. 48. Commission to Robert Gardiner, Chief Justice of the Bench j Sir Henry Wallopp, Sir Valentine Browne, Sir Robert Dillon, Sir Luke Dillon, and Joshua Smith, Chief Justice in the province of Connaught, for setting the province of Munster to undertakers ; her Majesty being resolved, "that the province should be repeopled and inhabited with good and loyal subjects ;" and to that end her Majesty " had set down a ' plot,' for the disposing thereof to such of her loving subjects as should be willing to undertake the same " — April 26, 29°. 49. A precedent for grants to be passed to the undertakers of the province of Munster. Membrane 25. Elizabeth R. 50. The Queen to the Lord Deputy and the Lord Chancellor ; directing the nomination of Rowland Linch, to the Bishoprick of I Kilmacough, in the province of Connaught, in consideration of his | having been born in that province, speaking both languages, and having wholly applied himself to the service of divinity ; her Ma- jesty states that " the Bishoprick had been five years destitute of an incumbent, whereby her subjects and inhabitants in those parts wanted those good means, which she was anxious they should have, both for their instruction in the knowledge and fear of God and likewise for their civil manner and government of life."— Greenwich, January 9, 29°, 1387* VOL. 11. * 130 PATENT AND CLOSE EOLLS, [1587. 49 SI. The Queen to the Lord Deputy, Lord Justice, or Justices, Elizabeth, and the rest of the CJouacil in Ireland ; directiiig a pension of four shilliilgs a day to be granted to Joshua Mynce, iu oonsideratidu of his service, and of his having offered to serve upon the borders of Clenmore, with six horses, at his own charge. — Richmond, July 24, 28°, 1586. Membrane 26, Elizabeth E. 5si. Iiidenture made between the Queen and Hiigh, Barf of Tyrone. Her Majesty directs a commission to issue, to view, liitiit, and assign the bounds and contents of the castles and lands, which her Majesty had gralited to the Earl, by patent dated ioth Majr, in the twenty-ninth year of her reign, and of all other castles and khds whereof Neile, late father of Tyrlaugh Lenough, was seized; and to ascertain the certainty of such rents and customs as were paid to the late Earl, within the county of Tyrone ; the Earl covenants to permit Tyrlaugh, during his life, to hold the office of Captain j and have the governpieut of the country of Tyrone, except the castle lately built near the River Blackwater (or the Great Water), and 240 acres near the castle, reserved for her Majesty's use; he also cover nants not to make title to any of the Urenaghts,(a) which Con, late Earl, grandfather of Hugh, renounced and surrendered, and will not exact any tribute, bonaght,(l>) taxation, or duty whatever, of any person in the territory, except what shall be permitted by the Lord Deputy j he undertakes to the best of his ability, to compel all persons residing on his lands to be of good- behaviour towards her Majesty's subjects of the pale J to deliver all offenders to her Majesty's officers, to be tried and justified by lawj and he will cause satisfaction and restitution for all preys and stealths committed by any of his tenants or followers. Her Majesty covenants that O'Nejll, his followers and adherents, shall have free passage over the bridj^e upon the Blackwater, or the Great Water, near the casile, free of all taxes, tolls, and duties.^ — May 13, 29°. Membrane 'i'l . 53. Pleadings in a suit between Gerald FitzPhilip, of Alone, in the county of Kildare, plaintiff, and Oweii M'Su|h, defendant, tel^tive to the lauds of Kiiight's gsii'dto, " by the Bai'roT^ side," in the county of Kildare, froiii which tte plaintiff was expelled by the defendant, oiie of the Captiiins of her' Majesty's keril, who since, with strong hand, without coloul- of right, occupied thfe lands contrary to all equity ! and as the laiidd are situate in terilote parts where ordinary tfikl by inqUest cannot be had witilouti gi'Oat tfoiible, (a) UuEUiGHTS. — See VoL I., page 485, (*>) BomnAoiiTs.-:— " Ana Sir Tirlagh.WHmiry's ancestors .Jtavp beeji tijjie out of mind sfize^ tlierepf, ^ndbgin|^tojb^fli5j;io)W^ii',,(rf^aomfi,of th,ei,||Jfp^^ES for O'Neide, did give to tM gaU6glasB& foiir of the towns tor their 'boniiagnts.'" — See Vol. I., page 459. IS87.] CHANCERY, IRELAND. 131 charge, and vexation of the county, and tedious expense and delay, jj plaintiflF prayed the Lord Chancellor to provide such remedy as to Elizabeth. Justice should appertain. Defendant answered that his ancestors were seized of Knight's garden, time out of man's memory, and died severally seized ; and that his, defendant's, father wis slain by the plaintiff's father, on the lands of Kilpatrickj defending it. The plaintiff replied ; the defendant rejoined ; the court decreed that the plaintiff should have the lands with ^os.^ Irish, costs. — Dublin, May 9, 9°. 54. Assignment whereby Thomas Fleetwood, son and heir ap- parent of John. Fleetwood, of Caldwiche, in the county of Stafford, granted and conveyed to William Redmayne, of Thornton, in, the county of York, for ever, the lands of Cloghleyh, Grlanmore, other- wise Glaneurre, Ballenekariggy, Killordy, Karigumtan, and Muck- rony, containing five plowlands in the county of Waterford. In consideration whereof Redmayne granted and conveyed to Fleet- wood, the castles and lauds of Ballenegowe, otherwise Ballen- derawyn ; Bearne ne Fowly, otherwise Barnefall6gh, Glanskeskin ; Kilolohy, otherwise Kilelogher ; Ballegarte, otherwise Balleneglasse, Glanegurtine ; Garrongowld, otherwise Garrencowle, Shaghnachara, Kilcoran, Kilbeg, Ballynihonick, Kilwatermoy, Kilnecarrigy, Bal- lineanchorne, Carryhynemoght, Crosshe, and Moveollefe, containing twenty-three plowlands and a half : To hold to Fleetwood, his heirs and assigns for ever. — September 4, 29°. [Note The lands in (JuestioH, with numerous others, were granted by Queen Elizabeth, to Thomas Fleetwood' and Marmaduke Red- mayne, by fiat dated ( ), 29° Elizstbeth, No. 6546.] Meinhrane 29, 55. The Queen to the Lord Deputy and the Lord Chancellor, directing a grant to be made to Nicholas Walske, of such lands as were then in his possession. — Nonesuch, May 12, ^9°, 1587. 56. The Queen to the Lord Deputy, nominating Nicholas Walshe, one of her Majesty's Privy Council in Ireland, in consideration of the service which he rendered whilst he was Chief Justice of Mun- ster, and Second Justiceof the Bench. — Theobald, August 5, 29°. 57. The Queen to the Lord Deputy and the Lord Chancellor, directing that Henry fiarington should hold the laiids of Kilruddy, the Commandry of Eilcloghan, and other lands, in' fee farm, to him and his heirs for ever. — Greenwich, March 22, 29°. Memhrane 30. Elizabeth R. 58. The Queen to the Lord Deputy and the Lord Chancellor ; ■ directing a grant to be made to Sir Walter Rawleigh, of three seignories aiid ahalf of eS(Shga.ted lands iti the countie^ of Cork arid VOL. II. K 2 132 PATENT AND CLOSE ROLLS, [1587. «9 Waterford, as near to the town of Yougal as they may conveniently Elizabeth, lie, viz., the barony, castle, and lands of Inchequin, in Imokilly; the casfle and lands of Shrone, Gaily, Ballynitra, Kilnatora, and the lands upon the Broadwater and Bride, late the possessions of Davy Mack Shean Eoche ; the decayed town of TuUowe, the castle and lands of Liflfeny, Mogilla, Kilmacow, and Shean ; the castle and lands of MocoUop, the castle and lands of Templemichell, and the lands of Patrick Condon, next adjoining Shean, Aghavenna, otherwise Whites Island, and other lands in Imokilly, with all advoweons and privileges thereunto appertaining : rent, one hundred marks. Sir Walter, with his friends and kinsmen, having entered into concert and society at their own charge, to inhabit and lepeople the lands escheated to the crown by the attainder of the late Earl of Desmond, which lie waste, and in effect uninhabited. — Greenwich, last of Feb., 29°, 1586. Elizabeth B. 59. The Queen to the Lord Deputy and the Lord Chancellor, directing a grant to be made to Sir Walter Bawleigh and his heirs of the abbey or monastery of Molanassa, otherwise Molana, and the priory called the Observant Friars, otherwise the Black Friars, of Youghal, in consideration of his former service, and for the reasons in the preceding article mentioned. — Qreemoieh, July 2, 29°. Membrane 31. 60. Indenture made between Richard, Bishop of Ardagh, of the one part, and Richard Nugent, Baron of Delvin, of the other part, whereby the bishop grants and conveys to the Baron a moiety of a carcucate of land in Ardagh, and a moiety of the houses of the town ; a carucate in Moyllyne and Downe, Ardneyskin and Lysnas- .kyeaghe ;, To hold for 60 years ; rent, 20s., English. Signed, Richardus, Ardachaden. John O'Fergail, Dean of Arachad. Donald'us Magrauill, Officialis. Signed and delivered in the presence of Malacie Filij " Corbam,"(») designacht Pi|i pill M'addigan. Simeon Pay, of Glanedan. Robert Fitzsymon, of Eanturke. — April 21, 1551. («), CoRB "The difference between the coeb and the herenagh is this, that the corb, called in Latin pleibmms, is head of a greater family or sept, and sometimes of several septs, and hath sometimes under him several herenaghs, but the herenagh was head or chief of a smaller number of people, and seldom had under him more than his own sept." — Inquisition taken at Cavan, September 25, in the seventh gear of the reign of James the First, of record in the Bolls Office. The Erenagh land was at first given by the temporal lords immediately to the founders of the churches ; and tliose founders did give the same to several septs for paying rents and other duties to the bishops, and for repairing and main- taining their parish church, wherein they often times did bear a third part, and sometimes two-third parts of the charge, and for keeping of hospitality; and 1587.] CHANCERY, IRELAND. 133 61. The Queen to the Lord Deputy, commanding protection to be *9 given to Brian M'Geoghegan. Her Majesty states that Brian, Elizabeth. upon a matter of strife and evil accident between him and a base brother of his, whom he slew, left the country, leaving behind him a lawful brother, named Conlagh, and a son, not then more than 8 or 9 years of age, who at his father's departure was committed to Dublin Castle, where he still remained, and " for as much as Brian having, since his departure, been in sundry countries where he hath behaved himself like a true and faithful subject, and being desirous to extend grace and favor for his sake to his brother and eon ;" her Majesty directs the Council to consider " the present state which these septs or erenaghs have, time out of mind, inherited the lands according to the Irish custom of tanistry, and neither the lord archbishop, or any other bishop, or their predecessors, could, at any time heretofore, or now can, remove the here- nagli out of the land ; and further they say, that xermon land had the same be- ginning as herenagh, only they differ in that the termon had often times more privi- leges, as sanctuary and the like, which was not allowed to many of the herenaghs. Agiiin, the chief tenant of the termon land was called a corJ, but, in common speech, he is called by his surname ; but the chief tenant of the herenagh is always known and called a herenagh ; and the corb, in many places, hath under him one or more herenaghs, to whom he giveth a portion of land free, or for rent or cus- toms, and other liberties, as he thought fit. — Inquisition taken at Dungannon, Aug. 43, 7° James I., Bolls Office. ■ • Touching the origin and diffsrence of corbs and herenaghs, and of the termon lands of the county, the jurors say, that DoneU M'Hugh O'Neale, King of Ireland, did long before any bishops were made in the kingdom of Ireland, give imto certain holy men, whom they called sancii patres, several portions of land, and a third part of all the tithes, to the end they should say prayers and bear a third part of the charge of repairing and maintaining the parish church, the other two-third parts being borne by the parson and vicar, to whom the rest of the tithes is yearly paid, and also for their own honour and sustentation j and that afterwards the said holy men did give unto several septs, several proportions of the said lands, and placed one or more of them in every parish, and with all gave unto him a third part of the tithes of that parish, to hold both the land and the tithe for ever, according to the course of tanistry, free from all exactions, and for that cause the land was called termon, or free, and the tenant thereof sometimes called co7'h and sometimes herenagh ; and the corb or herenagh was to bear a third part of the charge in repairing and maintaining the parish church, and the said portion of land, and the third part of the tithes so continued free unto the corb or herenagh, for many years, until the Church of Rome established bishops in this kingdom and decreed that every corb or herenagh should give to the bishop (within whose diocese he lived) a yearly pension, more or less, according to his proportion out of his entire erenagh, consisting of the land and the third part of the tithes, and that thereunto the corbs and herenaghs submitted themselves, but held their herenagh free for ever, and could not be removed by any of the temporal or spiritual lords or other person whatsoever: and further, the jurors say, that the difference of teriTion, corb, and herenagh consists in this, that the termon is the name of the land, and all termon land is herenagh land, and hath aU the privileges of herenagh land ; but all here- nagh land hath not as ample privileges as t£e termon. — Inquisition, lA/rmavadg, Aug. 30, 7° Ja£. I., Soils Office, And touching the several names of herenagh, termon, and corb, the jurors, upon their oaths, find and present that all termon and herenagh land within the county, was at first given by CoUumbkill and the succeeding abbots unto the several septs, before any bishops were known to be in this country ; and that the said land was free, and had the privileges of sanctuary and other liberties, and was enjoyed by the sept in course of gaxeOdnd. — Ingmsitioin taleen at Derry, Sept. i, 7° Jac I., Soils Office. No temporal lord had the advowson or right of patronage of any parsonages or 134 PATENT AND CLOSE ROLLS, [1587. '29 Conlagh BtanJeth in, and if in want of protection, our pleasure is Elizabeth, yoij grant him such ; and touching Brian's young son, because his father hath au honest desire to have him brought up somewhere here in England in learning and civility. Our pleasure is that you cause him to be set at liberty out of prison, to the end that, accord- ing to his father's instructions, he may be brought up in this realm. Moreover, as Hacgeoghagan, father of Brian, is said to be dead, or in a state of bo4y not long to live, our pleasure is, that in case of Macgeohagan's death, you give order that none be suffered to be nominated chief of his name, or enter into possession of his lands or living, which, we are informed, is Ukely to be done by one Neale Macgeoghagan, son of Brian's base brother, under pretence of cer- tain letters patent ; but that, notwithstanding, you stay or remove any such entfy or possession, until, by order of law, the title in question between Brian and Neale shall be tried," — JVonesuch, May 29, 1587, 29°. 63. TJie Queen to the Lord Deputy and the Lord Chancellor'; in- vicarages in Donegal, but fbey were all and always collative by the bishop of the diocese, except that any man went specially to Home and procured the pope's bull, and that thereupon t)ie bishop did institute and induct iiim ; the bishop had in and upon the church land within the diocese several refections in his visitation for the business of the churcji, and that according to the properties of the land and the ability of the clergy ; aijd if the bishop remained three nights iii one parish, he lay first upon the herenagji, the second night upon the vicar, and the thif d night upon the parson ; and if he stayed but one night in the parisU, the parson, vicar, and herenagh contributed equally towaf ds the charge. Tie chjirch lands within the diocese were antjently free from aU cuttings, exactions, and impositions, until jyianus O'Donell's time, who first began to impose homnaglils and the like upon them, against the churchmen's wills. In antient times there were divers lands given by temporal lords to saints or holy men in the country, for celebrating divine service, aiid praying for then- souls' health, and those saints or holy men, dedicating themselves only to prayer and the service of God, did, for tiieir better ease, ordain and constitute several her&- naghs to manure and occupy t}iose lands, which wei;e usually a whole sept, and thp principal of the sept was named the herenagh, who successively enjoyed those lands, yielding and payiijg certain fonts unto the saints, aiid afterwards bishop's, being created by the pope, did suocged the saints in those ]ands, of whom the here- naghs held their lands as f ronv the saints, paying such rents and duties to the bishops as they or their sept formerly paid to the saints, ari^ were not to be displaced by the bishop, satisfying ihe antfent and accustorned rents unto them, as they do jiow in those latter' days; the hp'enaghs are to be named by the bishops ever since, who take an income and an oath of fidelity to themselves of the herenaghs; and one sept being dead, the bishop i? to ordain another sept herenagh in tjiat place, with the advice of the gravest men of the church, wlijch herenagh is always to be the most antient of the sept, an4 not to be chosen hereditary, neitlier are the lands inheritable' tp the chief iierenagh a|one; but the whole sept o| the herenagh are equally to inhfibit with }iim, and have their share ojf the land, aooordjiig to tbeir several abilities to pay tlie bishop his rent; amongst them the'herenagb hath a freedom above the rest, which in parficular the jvirors could not precisely present. — JnqumHon, lAfford, Sept. la, y"' James I., ^otls Office. Touching the origin w tbe termon land, tfie jurors find, that before tjie distin- guishing of parishes in those parts fhere were several religious men, in nature of hermits, w}io, sequestrating themselves from all worldl^ business, did severally retire theniselve? into severa) private places, where they betook therbselves to prayer and other godly acta for their aouls' health ; and in testimony of their zeal and devotion, every ol them, for the most part, erected a church, and to every of those reli^ctas 15870 CHANCERY, IRELAND. 135 *9 forming them that Briau M'Geoghegan was in peril of his life by Elizabeth. the laws of the land, and in consequence of the good testimony her Majesty had of his loyal behaviour in foreign parts, where lately he had spent his time, she directs forthwith a pardon to be passed to him under the Great Seal, and, for his sake, to his brother Conlagh also, for the offences to be by them related. Her Majesty refers to her letter of May last, wherein she directed that neither Neale Macgeoghegan, son of Brian's base brother, or any other should be suffered to be called chief of that name, in case old Macgeoghegan dipd, until the title of Brian was tried and examined ; and expresses her pleasure to be, that a speedy and due examination be had of the contToversy between them touching the inheritance, that it shall be deteritiined according to law and equity, and not be prejudiced by any former letters in behalf of Neale ; and in order that all indiffer- ence Tnay be u^ed, her Majesty directs that all such bonds as the father of Brian had entered into, not to suffer or assist Brian against Neale, shall be released and avoided, to the end he may more freely, persons tlie temporal lords gaVe a several portion of land, free for ever, to the intent that the said religieux should maintain hospitality, pray for the souls' health of the lords, repair and keep the churches, and otherwise to advance the service of God in the place where he lived; the religieux ceasing, every one of them made choice of the most sufficient person ahout, and to that person and his sept lie gave his portion of land, to be inherited by him and his sept for ever, to the same uses and intents which the temporal lords first gave them to the religieux ; and to those lands were annexed certain liberties and freedoms, as sanctuary and the lilte, for which cause the land was called termon, or free and protected land, and the chief tenant thereof in some places called core, and in some places herenagh; after- wards when the temporal lords in their wars, and upon other occasions, began to tax the termon lands with divers exactions and impositions, the corbs and the herenaghs fled to the bishop of the diocese where they lived, and besought his pro- jection against the wrongs and injuries of the temporal lords, and therefore gave, voluntarily to the bishop, a rent or pension out of their lands; and sometimes they besought the protection of such of the temporal lords as they thought woiJd defend them against the rest, and unto such temporal lords, some of the corbs and herenaghs gave certain rents or pensions out of their lands, until which time the bisfiop had never anything to do either with the lands or with the tenants, but thence- forth the bishop undertook the protection of the herenaghs and their lands, and, in process of time, took on him a power to confirm every corb and herenagh in their land, and upon the alteration of every corb or herenagh, took of them certain duties, whereunto the corbs and herenaghs voluntarily yielded, the rather to continue themselves in the bishop's protection. 'The corb and the herenagh were ever elected by the sept amongst themselves, and were commonly the most^ntient of the sept ; but if the sept could not agree in the election, then the bishop and the whole clergy assem- bled and elected one of the same sept, but still the bishop confirmed and allowed him ; and it the whole sept were at any time extinct, the bishop could not detain the Itmd in his own han^, or dispose of fh^m to any particular person, unless it were to another sept, out of which ihe new hefenagh or corb should be created to inherit the land, to the uses for which it was formerly given, which the bishop himseU could not do without the assent of the whole clergy, and that then he could neither alter or increase his tent or portion ; and if the corb or herenagh, or ainy of the sept under hi^n, made a forfeiture of any parcel of the land, it came not to the bishop, but was partable amongst the rest of the sept. — Inquisition, Cavan, S^t. iSt in Sie seveiOh year of the reign vf James the Mrst, Solb Office. I'ljHtitifi shall be quieted in possession of the termon or herenagh land called Drpragoon^ in the county of Cayan.-^E. C. p., Ill, 1039, anno 1662. ■Fermon lands are the glebe of the church. Coke's Institute, part IV., page 358. 136 PATENT AND CLOSE ROLLS, [1587- *9 upon his oath, speak his knowledge without danger touching the Elizabeth, legitimation of Neale's father, giving light for the decision of the matter between them ; and that the tanistry of the country may be extinguished, the Deputy is exhorted to cause a composition to be made with the inhabitants for the use of Brian, upon whom her Majesty bestows a pension of 5«. a A&y.— Otelands, Augvxt 30, 29°. Membrane 32. 63. The Queen to the Lord Burghley, High Treasurer of Ireland, directing a pension of two shillings a day to be granted to John Burtall, and is. id. a day to Nicholas Barry, in consideration of the former having for a long time served in the army and received many wounds, and lately, when lieutenant under Captain Ovington, at the winning of Sulven Scone, in the low countries, having been danger- ously shot in the head, of which he has not since been cured ; and Barry being very old, and having lost " divers tall men," his sons, in the service. — Greenwich, March 22, 29°. 64. Grant to David, Lord Barry, to have free warren in all his lands and possessions, unless it be prejudicial to any neighbour- ing forest. — Bristol, Sept. 10 [Edward ]. 65. Grant to David de Barry to hold a market on every Saturday at his manor of Buttevant, and also a fair there, to continue for eight days, that is to say, on the Vigil and Feast of Saint Luke the Evangelist, and for six days subsequently, and a market on every Friday, at the manor of Earretochell, with all liberties and free cus- toms to such market and fair appertaining. — -Marlhord, Sept. 26, Henry VIII. 66. The Lords of the Council to Sir John Perrott and the rest of the Council, directing John Vicars to have the reversion of the office of porter of the Port of Phillipstown. Signed, Chr. Hatton, Cane. W. Burghley. A. Warwyck. H. Hunsdon. Fra. Walsingham. J. Wolley. — Otekmds, Sept. 6, 1587. 67. Composition (Treaty) agreed on between the Lord Deputy, on behalf of her Maiesty, and the Lords, Chieftains, and Inhabitants of the county of Glare, otherwise called Thomond, at Inesh (Ennis), 17th August, 1585, so far as concerns Donell Reogh M'Ne Marrae : — "And it is likewise covenanted, granted, and agreed to and with the said M'NeMarrae, otherwise called M'Nemarra Eeogh, that for his better maintenance of living he shall have and possess to him, his heirs and assigns for ever, the Castle of Garvoragh, in the barony of TuUaghynaspill, with four quarters of land belonging thereto, and 1587.] CHANCERY, IRELAND. 137 two quarters in the town of the Dangyn, exonerated from composi- *9 tion, and from all rents or demands of the Earl of Thomond and his Elizabeth. heirs, together with all the goods and chattels of persons attainted of felony, and all other casualties and amercements growing and happening of the inhabitants dwelling within those lands from time to time ; and shall also hare, hold, possess, and enjoy, eleven quar- ters of land, subject to the composition, of which he is said to be now seized as of his inheritance in the barony aforesaid ; to be holden of the Queen by knight's service, by the 20th part of a knight's fee, as of her Majesty's house or manor of Inesh ; and after the decease of Donell Reogh M'Nemarrae, all such rents, duties, and customs as are claimed to belong to the name of Mac Nemarre Reogh, in consideration that the same are extorted, shall be thence- forth utterly extinguished and determined for ever." Signed, R. Bingham. V. Clanrickard. N. White. Therllagh O'Brien. Thomas Dillon. Jit was not until late in the reign of Elizabeth that the province of Connaught was brought under subjection to the Grown and Laws of Sngland. The proceedings by which that event was achieved was commenced by the Lord Deputy, Sir Henry Sidney, in 1575, and completed by Sir John Perrott, in 1585. The project was to divide the province into shires ; to induce the lords and chieftains to receive sheriffs into those shires ; and finally to prevail on the chiefs themr- selves to surrender tJieir Irish titles and tenures, and to receive back their possessions by patent from the Crown, to descend in hereditary succession, according to the law of England. In a despatch to the Lords of the Council, in 1576, Sir Henry Sydney writes that lie had "proved before them" that is, the lords and chieftains of Thomond (lately annexed to the Presidency of Connaught by the name of the county of Clare), " the verre roote and origine of their ruyne was the uncertain graunte and unstable possession of their lands, whereupon grew their wars, 1 brought them to agree to surrender all their lands, and take it of her Highness againe, and yield both rent and service." On the eSth April, 1576, the Lord Deputy further informed the Council that he "had divided Connaught (besides the East Breanie or O'EeUlies, and theAnnalye or O'Ferrall's countrie) into four coun- ties, namely, Sligo, which was a part of nether Connaught ; Maio, which was ano^r parte of the same; Qoilway, which was called Upper Connaught ; and Roscommon, which was called the Playnes of Con- rumght. Out of the countye of Sligo I had nothing but letters, but those humbly written from CChonnor, affirming that he durst not com.e, for fear of the wars happened between O'Donnell and Con, his nephewe, but lewd and malitvyus tales rather made him afrayd, as I tofe it. He hath under his tyrranie O'Doud, twoe Mac Donoghes, twoe Cf Hares, and Agare, and yet he himself is trybwtarie to CyDonnell. They be all men of great landes, and they shall not chuse b^U yeelde , both rent and service to the Crown; all but ffChonnor hymself have 138 PATENT AND CLOSE ROLLS, [1587. »9 offered it, and he, to he discharged of O'Donnell, viill most willinglie Elizabeth, doe it. I lake daily for Orwarcke, whose country, called West Breayne, is also a portion of this countie, with whom I doubt not but to conclude for a good rent and service for the Quene, This countye, or these countries, are well inhabited, andriche, and more haunted with strangers than I wish it were, unless the Quene were better answei'ed of her custome : and thus much for the countie ofSligo." The treaty or composition entered into between her Majesty and the lords and chieftains of the county of Glare, remaining of record in the Office of Paymaster of the Civil Services, bears date I'jth August, 1585, and is described as follows : — " Indenture mcide betwixt the Right Honorable Sir John Perrotf, knight, dec, of the one partie, and the lords spiritvall and temporall, chieftains, gent., &c., of that part of the province of Connaught called Thomond, that is to say, Jionogh Earle of Thomond — Murrough lord baron of Inchiequin — The Reverend fathers in God, Mauricius Bishopp of Kyllalowe — Daniell elect bishop of Kyllffynnoro/ghe — Donogh O^Horane, dean of Kyllalow^Daniell Shennaghe, deane of Kylljinoraghe — Denis, archdeacon of the same — Sir Edward Water- house of Dovmassee, Tent. — Sir Tyrrelagh O'Brien of Ennestyvey, lent. — John M'nemara of Krmppoch, otherwise called M'Nemarra of Westcloricullun — Donell Reagh M'Neniarragh of. Oarrowelagh, other- wise called M'NemarragJie. of Ea^te Cloncullun — ^eige M'Mahoune of Clonderralae, otherwise called M'Mahoun of Oastle Corhniia^kin-^ Tyrrelaghe M'Mahoune of Moyurtye, chief of his name in Weste Corkowaskin — Moriertcfgh O'Brien of Bromeleyne, gen. — Jfcthowne O'Brien of Cloridewan, gen. — Ou/ny O'Laughleine of the Qragans, otherwise called O'Laughlene — Rosse (fLaughlin of ^lancollum- Kyllie, Tanest to the same O'Laghlen — Jifahone and jyermott 0'J)af of Tullaghadae, chieffe of their names — Qonnor Mac Gilreoghe of Crag- breane, chieffe of hi$ name — Tyrrelaghe Mac Teig O'Brien of Beal- lacorege, gen. — Luke Bradey sonne and, heire of the late bishopp of Meath — Mdward White of the Cratteiagb, gen. — George Ctisaiik^ of Dromoylen, gen. — Roetius Clanchie of jCrvochfynney, gen.— John, M'Nemara of the Moetullen, gen. — Henry Q'Grady of the ilqnd qf Inchecrona/n, gen. — Don^ogh M'Clwnchie of the Urlion, chieffe p/ ^t? nwm^ — Donnog}/ Garrqghe O'Brien of Ballecessye, gen.^Cc^tipor O'Brien ^f Gurliarcorccfe, gen and George Fanninge of Limerick, merchant, of the other parte."] 68. The Queen to the Lpr^ DjBpiaty an statute-." Membrane 27. Elizabeth R. 54. The Queen to the Lord Deputy and the Lord Chancellor, directing a fee farm to be granted to the Lord Roch, Viscount of Fermoy, of Downemaghell, and Johnstowne, parcel of the late dissolved abbey of Fermoy, in the county of Cork, and a discharge of £200, which was in arrear, and due to her Majesty for rent of the abbeys of Bridgetown, Fermoy, and Glanor, in the county of Cork, in consideration " of Lord Roch and his ancestors having here- tofore, on all occasions of service, especially in the late rebellion, showed themselves very loyal and serviceable to the crown and because the lands desired by him in fee farm came to the crown, only in default of issue of his brother Theobald, who was slain in the late rebellion, and to whom the lands were entailed; and because the arrears were incurred partly by Theobald and his father in the rebellion, the lands lying waste and unoccupied by reason of the disorder of the country, and also in recompense of the Lord Roche's service and his comfort, having had five brothers slain in the rebel- lion." — Chreenwich, Jan. 19, 1587, 30°. Elizabeth R. 55. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in reversion to be made to George Goodman, of the late monastery or religious house of Saint John the Baptist, otherwise called " the Crowched Friars " of Saint John, by Lough Rye, in Bmany, in the county of Roscommon, in the province of CoDnaught ; and all the lands, rectories, and hereditaments usually tS88.] CHANCERY, IRELAND. 159 had and occupied therewith : To hold for 30 years j rent £6 is. 8d. 3° ^ — Greenwich, Jan. 13, 1587, 30°. Elizabeth. Membrane 28. Elizabeth ,R. 56. The Queen to the Lord Deputy and the Lord Chancellor, directing the reversion of the office of Clerk of the Hamper, (Hanaper),(a) to be granted to William Phillips : To be held by him or hie sufficient deputy or deputies for life, in as ample manner as Lancelot Alford held that office, in consideration of his honest endeavour and service for seveu years, and of his good behaviour and sufficiency, for which, and for his better encouragement to con- tinue in this good course her Majesty thought him worthy to be em- ployed in her service. — Theobald, Aug. 5, 39°. Elizabeth R. 57. The Queen to the Lord Deputy and the Lord Chancellor, directing a grant of the fee farm of the manor of DonmuUyn, in the county of Limerick, to be granted to Oliver Stephenson, " which would be a good strength to the undertakers, Stephenson being so able a man, and settled near to join with them against any that might attempt to disturb their possessions or the escheated lands." — March 8, 1587, 30°. 58. The Lords of the Council in England to the Lord Deputy and the Council of Ireland, " after our herty comendacions unto your L. and the rest. Whereas, Captain Dawtrie, hath resigned unto this bearer. Captain Christopher Carleyle, the charge that he had of the ward of her Majesty's storehouse, called the palace of Knockfergus, (Carrickfergus); as also his seneschalship of Clandeboy, the Dufferin, and Kilultagh, which he held by patent ; we have thought good earnestly, to recommend this gentleman unto you as one that in respect of his good deserts, and many services done to her Majestie in divers places, and particularly in that realme, with great commen- dation, is well worthy to be countenanced, favored, and furthered, in all his reasonable causes, to the end he may be the better enabled and encouraged to serve her Majestie still ; in respect whereof we are the rather moved to have a care of his well doing, and particular- lie to pray and require your Lordship that he may be both established in the charge of the warde so resigned unto him, in as large and ample manner as any other warde in those parts, being of lyke nomber of men ; as also put in effectual possession of the seneschal- fa) Hanapbk. — ^An office of the Court of Chancery, where writs relating to the business of the subject and their returns were anciently kept in hmuzperio (in a hamper) ; and those relating to the Crown were kept in parva iaga (a little bag). Hence arose the names Sanaper and Petty Bag Office. The Hauaper was originally a wicker basket, with a cover and lock for easy removal from place to place " Hanapeeium" is generally understood "of baskets," thence called Romper. Vide glossary annexed to the " Liber quotidianus Contrarotulatoris Garderoboe " 28° Edward I. 4to. Nichols, Lond., 1787, p. 360. i6o PATENT AND CLOSE EOLLS, [1588. 30 ship, with some extraordinary care and regard, that he be not Elizabeth, interrupted in the exercise of his office, by any other until sufficient cause be first made knowen unto us, and therefore special order and direction sent from us in that behalf; and for that, we think, that preferment to be too meane for one of his deserts and sufficiencie, we pray your Lordship to afford him all the favor and furtherance you may, and that when some other place shall fall voide, that may be fytt for him, you shall have a special care of his advancement to the same before any other ; and so we bydd you hertely farewell. From the Court at Greenwich the last of April, igS?-" Your very loving friends, Jo. Canter. R. Leycester. Ch. Hatton. W. Burghley. Ch. Howard. Era. Walsingham. H. Derby. H. Hunsdon. 59. " One of the instructions, amongst others, from the Lords of her Majesty's Privy Councill in England, to Sir Valentyne Browne, touching the making of the books of the undertakers." " We thinke yt meete, althoughe ye auditor of that realme be lefte oute of the commission, yet notwithstandinge that no particu- lars should be admitted to passe by her Majesty's learned councill, by virtue whereof yt is ordered that no booke should be drawen, but such as shall be faire written on parchment, and signed with the hands as well of the auditor as the comissioners, or any three of them, as by the commission is directed, whereof yowe to be alwales one duringe your aboode in that realme." Membrane 2g. 60. Sir Francis Walsingham to his loving cousin and friend, Sir Edward Denny, knight, in Ireland. " Sir, where as youe knowe, by my meanes, Sir Valentine Browne was contented that you should have the entertainment of fyve of these horsemen, which he had by vertue of her Majesties warrant granted to hym and Sir William Harbert for xxv, horsemen between them. So yt is that Sir Valentine repayring now into Ireland with his son, Richard, to abide upon the portion allotted to them amongst other adventurers, and being lyke to have necessary use of som strenth of horsmen, as is made knowen to her Majestie ; I am to let you understand that her pleasure is, youe doe henceforth leave the entertainment of the five horsemen, and suffer Sir Valentine or his son to enjoye the same ; and therefore I pray youe accordingly so to doe, as I have no doubt but you will, considering how chiefly Sir Valentine, upon my motion, was content to yield you theis five horsemen ; and so I comend youe hertely to God. From the Court, the 26th June, 1588." Your loving cosen and frend, Fra. Walsingham. 1588.] CHANCERY, IRELAND. i6i Elizabeth R. 30 61. The Queen to the Lord Deputy, directing a grant to be made Elizabeth, in fee-farm to Tyrlaugh O'Bryn of lancis of the value of £20 a-year, in consideration of his good and faithful service certified to her Ma- jesty by the Earl of Ormond, the Lord Grey, and others ; and her Majesty orders a commission to be directed to the proper parties, for the purpose of ascertaining what lands had been concealed and ■withheld from her Majesty. — Greenwich, July 4, 1588, 30°. Elizabeth R. 62. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease of escheated lands of the value of twenty pounds a-year to be made to Katherine Vaughan, in consideration of the service of her late husband, James Vaughan, to whom her Majesty had ordered a lease to be made with a pension of 4s. a day, but he died before the grant was perfected Greenwich, March 8, 1587, 30°. 63. The Lords of the Council in England to the Lord Deputy, touching the public accounts. "After our hartie comendations to your Lordship : whereas, we are given to understand that Christopher Peyton, now Auditor of Ireland, is to make up the Treasurer's ac- compte, the Master of the Ordynance, the Victualler's, the Marshall's accompte for beoves, the Clerke of the Workes, and dyvers other forraiue accomptes lefte unfinished by Thomas Jenison, his prede- cessor, which he shall not be able to accomplish without sufficient maintenance for hymselfe and his clerkes ; we have therefore thought good hereby to recommende the matter to your Lordship, thinking it meete that your Lordship do signify to the Lord Chancellor and such other commissioners there, as are or shall be appointed for the determining of these forraine accomptes, now or hereafter to be made, that upon the foot of every such accompte by hym so to be taken. Master Peyton shall have, from time to time, such reasonable allowance as the travelle of hym and his clerkes therein shall, in theire opinions, deserve; in respect he dothe not enjoye the stypende of 20s. per diem, which his predecessor had for the same forraine accomptes, the daylie allowance whereof, as we now perceive, hath bene noe lytle hindrance to the perfecting of thes accomptes, and a further charge to her Majestie ; and whereas, also, as we are in- formed, there be dyvers mynisters' accomptes in the office of the re- venue behinde and untaken for dyvers years, which ought to remain of record, and are left undone by Thomas Jenison ; our further meaning and requeste is, that yon, the Lord Deputy and Lord Chan- cellor there, do not onely sygnifie unto us, under your handes, for howe longe tyme the ministers' accomptes are behinde, but also whatever charges the penninge, drawinge, and engrossing thereof will amount unto in your judgment, to the end we may take pre- sent order that the executors of Jenison may growe to some rea- sonable composition with Master Peyton, now auditor, for the mak- ing up of thes accompts, till the day of Jenison's death j after which VOL. II. M i62 PATENT AND CLOSE ROLLS, [igSS. JO time Master Peyton is to performe all that service according to his Eligabeth. office ; and so we bid your Lordship bartely farewell. Eromthe ' ' Court at Grenewich, the 6th July, 1588. " Your Lordship's very loving friends, W. Burghley. T. Heneage. E. KnoUys. Wa. Myldmay. H. Hunsdon. Era. Walsingham." A. Warwicke. Membrane 30. 64. The Queen to the Lord Deputy and the Lord Chancellor ; directing that neither Donell O'Moriertie, of Castledromey, in the county of Kerry, or his sons, Donell or Owen, should be disturbed or molested in the quiet possession of the lands of Castledromey, Killienardnesack, Ballyigavineh, and Ballinaldwenick, in the county of Kerry, or the liberties and franchises to them of right belonging; and that the President should be, from time to time, assisting Donell and his heirs in seeing him and them maintained in quiet possession of their lands. Her Majesty gives to Donell, the son, and the heirs male of his body one-half of the rents and services of Srahemnart, now due to the crown by the attainder of the Earl of Desmond, and the other half to Owen, his brother, and the heirs male of his body; and in default of heirs the lands are to revert to the crown, and be again held "according to the usage and custom of the country." — Greenwich, Feb. 1, 30°. Elizabeth R. 65. The Queen to the Lord Deputy and the Lord Chancellor ; nominating Nicholas Kennara to the bishopricks of Ardeart and Achadeo, in consideration of the good commendation given to her Majesty of hira : her Majesty considering that the united sees should be furnished with some meet person, who, by his good doctrine, in- structions, and example of his own good government might reduce the people to a more Christian knowledge and fear of God, dutiful obedience to her Majesty, and to a more civil life amongst them- selves than heretofore. — Greenwich, June 26, 1588, 30°. Elizabeth R. 66. The Queen to the Lord Deputy, stating that by certificate brought from Ireland by Manus M'Sheehy, it appeared that there was due to him for his entertainment in Ireland for one whole year, at two shillings a day for himself, and twenty shillings a day for forty kern and their boys, the sum of four hundred and one pounds ten shillings, of which her Majesty had paid one-half out of the trea- sure designed for Ireland ; and in consideration and liquidation of the other moiety, her Majesty directs a sum of twenty pence a day to be. paid to M'Sheehy, until he should be preferred to some oJHoe of equivalent value. — Greenwioh, June 39, 30°, 1588, 1588.] CHANCERY, IRELAND. 163 Membrane 31. 3° 67. The Queen to the Lord Deputy and the Lord Chancellor, rela- Elizabetli. tive to the Hospital of the Holy Trinity of Ross. Elizabeth R. Right trusty and -well-beloved, we greet you well. Whereas, Sir Patrick Walshe hath bene a longe and humble suitor unto us in ye behalf of ye master, brethren, and systers of our hospytall of the Holie Trinitie of Rosse, in the county of Wexford, heretofore founded by his ancestors, but of late yeares incorporated anewe by our name, that wee would bestowe upon this hospytall two chap- pells, the one called Sainte Saviour's Chappell, and the other Sainte Michel's, in Rosse, within the counties of Wexford and Kilkennie ; as also eleven messuages and fyve gardens, within that towne, com- monly called Saint Saviour's lands, all which parcels are saide to be nowe of the onely yearly value of thirty-one shillings, Irish, or thereabouts, of which, as we are informed, we never had rente or profit, and which are also claimed by the corporation of the towne of Rosse to be theirs ; but yet this towne, willing to departe from their title unto this hospytall for the considerations aforesaid, as also for that we are informed this hospytall is but poor and wauteth a conveniente church for the master, brethren, and sisters thereof, to repayre unto for publique and divine service : we are pleased freely to give and grant unto them all the premyses by Sir Patrick Walshe desyred for them, and all such claime or tytle as we have, or ought to have, to the same or to anie parte thereof ; and, there- fore, these are accordinglie to will and commando youe to cause to be made and passed such a grant, under our greate scale of that our realme, unto the master, brethren, and sisters of the said hospy- tall, of the foresaid chappels, messuages, and gardens, as may be in lawe avayleable to them and their successors in that hospytall for ever ; and in so doing, theis our letters, notwithstanding any insuf- ficiency or wante of wordes or matter, and notwithstandinge anie instruccon or comandment to the contrarie, shall be as well unto youe, our Deputy and Chancellor of that our realme for the time being, as to any other Deputy or Chief Governor, Chancellor or Keeper of our Great Scale there hereafter for the tyme beinge, and to anie other our ofiicers or mynisters nowe or hereafter for the tyme being to whom it may appertaine, sufficient warrant and dis- charge. G-yven under our signet, at our manner of Otelands, the firste day of September, 1587, in the 29th yeare of our raigne. — To our right trusty and well-beloved Sir John Perrott, knight, our Deputy, and to the Lord Chajicellor. [Amongst the fiats of record in the Rolls Offiee,is a warrant signed by the Queen, relative to the Hospital of Ross, which, as it is not to be found on the Patent Roll, is here inserted : — " The Queen, ^c; whereas Thomas Gregory, late of the town of New Rosse, in our county of y^exford, merchant, deceased, built a house or hospital for the poor, fiolc, and impotent of the town, near the Chapel of Saint Saviour; and the e.veeutars of ftw tvill, ATWstasia, his widow, Patrick Walsh and VOL. II. M 2 i64 PATENT AND CLOSE ROLLS, [1588. _,,. 30 George Conway, Ms sons-in-law, besoticfht us to bestow a portion of his J ■ goods, tenements, and hereditaments, in constituting the aforesaid poor, in form of law, into a certain fraternity ; we consenting to the humble supplication of the executors, and estimating the charity and pious intention of the said George Gregory of our special grace, we give and grant licence for us, our heirs, and successors, as mu^h as in us lies, that in our town of Neiu Eosse, otherwise Bossfponte, in our Jcingdom of Ireland, there shall be a Master, Brethren, and Poor, in the house lately built by Thomas Gregory, near the Chapel of Saint Saviour, in the town aforesaid, and that the said Master, Brethren, and Poor, and their siuxessors, by the name of the Master, Brethren, and Poor of the Hospital of the Holy Trinity of New Posse, henceforth for ever shall be called, Icnown, named, and nuncupated ; and also we will and ordain by these presents, that the Master, Brethren, and Poor, and their succes- sors, henceforth for ever, in fact, reality, and in name, sJiall be one body incorporate, and shall have perpetual succession, and a common seal to serve for the affairs of the said hospital ; and also of our more abundant grace, we appoint and ordain the aforesaid George Conway, for the term of his life, master of the said hospitcd; and that the said George Conway and his successors, masters of the said hospital, and the heirs of the said Thomas Gregory, ivith the consent and advice of the sovereign and four of the seniors of the council of the town for the time being, or the major part of them, may have power and autJiority, from time to time, for ever, of electing, nominating, and receiving in the said hospital, a secular priest for celebrating divine service for the Master, Brethren, and Poor in the Church or Chapel of Saint Michael of New Posse, who shall be accepted and received a brother of the said hospital for the time being, and who shall be removed and expelled for reasonable cause, and another nominated in his place, when it sludl seem expedient to them ; and also so many and such "poor of either sex whom they shall choose of the sich, infirm, and impotent wandering about the town, and they so elected, nominated, and received with the master, shall be one body corporate for ever ; and that the said Master, Brethren, and Poor, so elected, ordained, and received, and their suc- cessors, shall be persons able and capable in law to acquire, Jiave, and possess to them and their successors for ever, in fee-simple and per- petuity, or otherwise, lands, tenements, rents, reversions, services, and other hereditaments, whatsoever of the annual value of two hundred pounds lawful money of Ireland, over charges and reprises, and no more, as well in the said town of Neiv Posse, and within the franchises thereof, as elsewhere within our said Jcingdom of Ireland, from any person or persons whatsoever ; and that they, the Brethren and Poor, and their successors, by the name of the Master, Brethren, and Poor of the Hospital of the Holy Trinity of New Mosse, may plead, and be impleaded, answer, and be ansivered, in all causes, suits, quaiTcls, and cases, real, personcd, and mixed, of tvhatever Mndor nature they may he, before any justices or judges, temporal or spiritual, or other per- sons whomsoever in any courts, to be prosecuted, and may and can plead, and he impleaded, answer, and be answered, and may do and take all other things as other liege subjects of us, or of our heirs a't^d 1588.] OHANCERt, IRELAND. iSg successors, could do, in future ; and hy that name they shall he called 30 for ever ; and we do grant to the aforesaid Master, Brethren, and Poor, Elizaueth. and their successors, that they may acquire lands, tenements, rents, revenues, services, and other hereditaments whatsoever, as well spiritual as temporal, as ivell in demesne as in reversion, within the said town and franchises, and elsewhere in our said Tcingdom of Ireland, although they should he held of us or of others, in capite, of the value of two hundred pounds lawful mxiney of Ireland hy the year, over charges and reprises, and no more, from, any person or persons whatsoever ; To have and to hold to the said Master, Brethren, and Poor, and their successors for ever, in aid, sustentation and support of the affairs of the Master, Brethren, and Poor of tlie hospital; and also we give and grant hy these presents, to any person or persons, that he or they inay give, beqmatJi, or assign, to the said Master, Brethren, and Poor, and their successors for ever, lands, tenements, rents, reversions, and other hereditaments whatsoever, as well spiritual as temporal, of the annual value aforesaid, without impeachment, impedimeiit, disturbance or aggrievance of us, our heirs, or successors, or of the justices, eschea- tors, sheriffs, coroners, bailiffs, or other ministers of us whomsoever, and viithout any inquisition hy authority of a ivrit of ' ad quod dam- num,' or of any other mandate from us, in that behalf to be taken or prosecuted, and without any^ licence from us, or any letters patent to he made or granted to them in that behalf; the statute concerning the not putting of lands and tenements in mortmain in any wise not- withstanding; and also we will and do grant, that the lieirs of the said Thomas Chegory, with the consent and advice of the sovereign and four senior councillors of the town, for the time being, or the major part of them, for ever, may have power and authority after the death, resig- nation, cession,, or deprivation of the said George, or of any other master there, to elect and appoint a master of the said hospital, from time to time for ever, as often or whensoever to them shall seem expedient, and that tlie Master, Brethren, and Poor of the said hospital, and their successors, and the heirs of the said Thomas Gregory, with the consent and advice of the sovereign and four of the senior council of the said town, for the time being, or the major part of them, may have authority and faculty to m,ake rules and ordinances necessary for the good government and ride of the said hospital, and for the affairs belonging to the said hospital, and to anmd and revoke them as often as and whensoever from time to time to them should seem expedient, and may appoint and constitute the Brethren and Sisters, and all others, as in other hospitals, for ever; and that the said Master, Brethren, and Poor for the time being, may have authority of building and making sepulchres for all dying in the hospital, in tlie Church or Chapel of Saint Michael, and the cemetery thereof, and of admin- istering all sacraments, or sacramental or ecclesiastical rights to the inhabitants of the hospital, in as ample manner and form as in other churches or cemeteries hath been accfustomed to be done, and that they may for ever have the tithes, oblations, and obventimis of all those dwell- ing in the hospital."'] — Feb. 12, 20° of Elizabeth. [Another fiat of the ■^oth year of the reign of Elizabeth, signed hy i6G PATENT AND CLOSE BOLLS, [1588. 30 the Lord Deputy, W. MtzWalter, relative to the hospital of Rosi, is Elizabeth, also of record in the Bolls Office, which, as it is not to be found on the Patent Soil, Uie here also insert :^-" The Queen, SfC. ; whereas Sir Patrick White, hath humbly supplicated us on behalf of the Master, Brethren, and Poor of the Hospital of the Holy Trinity of our town of New Basse, formerly founded by Thomas Gregory, of New Bosse, merchant, his ancestor, and lately incorporated by us, that we Would deign to grant to the said hospital two chapels, of which one is called the Chapel of Saint Saviour, and the other the Chapel of Saint Michael, also eleven messuages. Jive gardens, within the town of New Bosse, in the county of Wexford, known by the name of Saint Saviour's lands, which are said to be of the annual value of about thirty-one shillings, fr'om which neither rent or profit lias been hitherto received by us, and which, though the sovereign, burgesses, and commonalty of the town claim to be theirs, nevertheless they are prepared to confer their rights upon the hospital ; know ye, that we, as well for the considerations aforesaid, as because the hospital is poor, and requires a convenient church for the Master, Brethren, and Poor to repair unto for piMic and divine service, of our special grace, ^c, according to the tenor and effect of our letters, signed by our hand, and under our signet, at our manor of Oatlands, the ist day of September, in the 2gth year of our reign, have given and granted, and by these presents, for us, our heirs, and successors, we do give and grant to the Master, Brethren, and Poor of the Hospital of the Holy Trinity of New Bosse, the two chapeli afore- said, one of which is called the Chapel of Saint Saviour, and the other the Chapel of Saint Michael, also eleven messuages and five gardens, in the town of New Boss, known by the name of Saint Saviour's lands, and all the rents, reversions, issues, and profits of the said cJuipels, messuages, and gardens ; we also, give, grant, and confirm, to the said Master, Brethren, and Poor of the said hospital^ our entire right to the said chapels, messuages, and gardens, and the reversion, rent, and arrears of rent, issues and profits thereof, in as ample manner and form, as all and singular the premises appertain or belong to uS, or have corns, or ought to have come, to our hands, or now are, or ought to be, in our hands by any right or title whatsoever ; To have and to hold the said two chapels, eleven messuages, and five gardens, with the dppilr- tenances, the rent, reversion, arrears of rent, issues and profits, and also our entire right and title to the Same and every parcel fheteof, and other the premises with the appurtenances to the aforesaid MaStc'^, Brethren, and Poor of the hospital aforesaid, and their successors, of us our heirs and successors in pure and perpetual alms, without any rent or account, or other tiling to tis our heirs or successors, to be ren- dered, paid, or made. We will also, and by these presents we do give and grant for us, our heirs and successors, to the aforesaid Master^ Brethren, and Poor of the hospital aforesaid, and their successors, that this our grant or donation shall be esteemed, interpreted, and allowed in all our couirts and before all judges, in as ample manner and form, and for the advantage and benefit of the said Master, Brefhtm, and Poor of the hospital, and their Successors, as they can be construed And interpreted; any Words, 01' material defect, or insuffideM^ of any 1688.] CHANCERY, IRELAND. 167 of the premises or . . .of the names and things aforesaid, or any 3° thing, cause, or matter whatsoever, in any wise notwithstanding. "~\ — Elizabeth. JSoger Witbrdham. — Oct. 26, 30° Elizabeth. Elizabeth R. 68. The Queen to the Lord Deputy, directing a pension of 3s. i^d. a day to be given to John Gillson, in consideration of his services. — Richmond, Dec. 13, 1585, 28°- Memibrane 32. Elizabeth R. 69. The Queen to the Lord Deputy and the Lord Chancellor, directing a pardon to be granted to Florence MacCartie for all in- trusions, and a remission of the fine for his livery, and a grant to him of the rent he owes which came to the Crown by the attainder of the Earl of Desmond, for the yearly sum of £5. Owen O'Sullyvan having requested permission to surrender his lands that they might be re-granted to him and his heirs, her Majesty refers the consideration of his request to the Council. — — Theobalds, July 29, 1587, 29°. 70. The Lords of the Council in England to Sir Henry Wallop, Treasurer-at-War : — " After our harty comendacons : Whereas, Sir William PitzWilliams, appointed to supply the place of Lord Deputy of Ireland, hath made request to be allowed the charges of the trans- portation of himself and his train j these are to require you to make payment unto hyme of such soms of money as shall be disbursed by hyme and demanded for his transportation and other allowances, in such sort as the same have been formerly allowed to any other Deputy or Governor supplying that place. We are further to let you understand that there hath been delyvered here, out of the privy seal lately granted by her Majestic to the nowe Lord Deputie's servant, upon a certificate exhibited by him, testified under your hand, of so much due unto him upon his entertainment, the some of one thousand six hundred thirty-five pounds, one shilling, and four pence ; but yf ther shall be anie further somes demanded by hym as due, either for his entertainment or otherwise, you shall do well to referr hym over hyther to demand payment of the some here by Suite to her Majestic, letting him understand that her Highnes' pleasure is that this portion of treasure now sent shall be reserved to answer growing charges only after the arrival of Sir William Fitz Williams ; and lastly, we are to signify unto you that the Lord Deputy's entertainment is to take begynning from the first of January last past, and to have as large allowance as any other Deputy supplying that place hath had ; and so we byd youe heretely farewell. Greenwich, the 3rd of March, 1587. " Tour very loving friends, Ch. Hatton, Cane. W. Burghlie. R. Leycester. F. KnoUys. Fra. Walsingham. J. Wolley." 1 68 PATEOT AND CLOSE ROLLS, [1588. T^v ^? .. Membrane 33. Elizabeth. ^"^ . Elizabeth R. ^i. The Queen to the Lord Deputy, directing a lease in reversion for forty years to be made to John Beeling, in consideration of his service in Ireland, and in the Low Countries, of lands of the annual value of £30 Greenwich, July 4, 1588, 30°. 72. The Lords of the Council in England to the Lord Deputy : — " After our hartie comendations to your Lordship. Whereas, Donoghe O'Falye, of Castleloghie, in the county of Desmond, professor of the civil lawe, and Patrick Galway PitzBdward, of Corke, have exhi- bited a petition unto us, to be a meane unto her Majestie that in respect ther whole substance hath been wasted and spoiled by the rebells in the late rebellion in Munster, they might be, by her High- ness, protected for the term of four years from any attachment or seisure either of their person or goods, by any of their creditors, for their recoumtie of their decaied and broken estate ; for as much as her Maj«8tie hath been credibly given to understand of the truthe of their information, and that they have no intent to defraude their creditors, but to make due satisfaction unto them of so much as they owe as sone as they shall be able, her Highnes' pleasure is that your Lordship do forthwith, upon receipt hereof, grant unto them, under the Great Seal of that realm, a protection for one whole year, and after the expiration thereof, for such further tyrae to be renewed unto them as your Lordship, upon view to be had of their estates, shall find needful to be granted unto them, and until they may be found able to yeld satisfaction unto their creditors without their undoing. We bid your Lordship heartily farewell. Greenwich, 15th February, 1587. " Your L. verre loving friends, Jo. Cant. Era. Walsingham. J. WoUy. Ch. Hatton, Cane. Wm. Burghley. T. Henage." 73. The Lords of the Council in England to the Lord Deputy : — "After our very heartie commendations to your Lordship. Whereas, the first of February, in the year 1587, her Majesty signified her pleasure unto youe by her letters, that upon notice given you under the hands of any four of her Highnes' Privy Council, of the attain- deV and conviction of Sir William Stanley, late Master of the Ordy- nance of Ireland, your Lordship should forthwith pass the oflice to Sir George Carew, during his lifetime, under her Majesty's Great Seal, in as large and ample manner as Sir William Stanley or any other heretofore had and enjoyed the same ; these are therefore to give your Lordship to understand that Sir William Stanley was, the fifth of the last month of June, outelawed by ordenary course of her Majesty's laws, and is and standeth convicted for treason, as by process thereof, under the hands of her Majesty's Attorney-General with others certified unto us, whereby the letters patent granted by her Majesty to Sir William Stanley are fully frustrate and void ; wherefore we pray and require your Lordship, without any default ISS8.] CHANCERY, IRELAND. 169 or delay, to grant to Sir Q-eorge Carew the said office, under the 30 Great Seal, to be by him exercised and enjoyed according to her Elizabeth. Majesty's express pleasure and commandment. So v^e bid you heartily farewell. From the Court at Nonesuch, the first of July, " Your Lordship's very loving friends, Chr. Hatton, Cane. A. Warwick. T. Heneage. W. Burghley. James Croft. Fra. Walsingham. Membrane 34. 74. Grant to Hugh M'Derraot of the lands of Lughin, Megoge, Gnrtin, Kynester, Kilneoourt, in the Queen's County, with all ad- vowsons and presentation of churches ; To hold to the said M'Der- mot and his heirs male. To be held of the Castle of Maryburghe, in capite, by knight's service, namely, by the service of the twen- tieth part of a knight's fee, as scutage runs ; and he shall attend when required, with the principal part of his servants and tenants, armed in defensible warlike manner, with victuals for three days, upon the Lieutenant or Deputy, to serve against the Irish living near the county ; and after the end of seven years he will answer all host- ings, according to the rate and value of his lands. He will maintain a fit horseman of the English nation, blood, and name, for the preserva- tion of the premises, and provide suitable arras, offensive and defen- sive. He will not use the Brehon law in any cause or against any person responsible to the laws of the realm. He will use the Eng- lish language and apparel ;W and annually appear before the Con- stable of Maryburghe on the first of September, and bring with him all men under his rule between tjie age of sixteen and sixty fit to carry arms, for the purpose of enrolment. He will not keep or maintain any person of Irish blood accustomed to carry arms, with- out license. He will not intermarry with the Irish, or exact coyne, livery, or other Irish exaction. — No date. Patent Roll, 31° Elizabeth.— 1589. Membrane 2. I. Grant to John Rawson of the site and precinct of the house of Friars of Kiltroghe, of Pallace, with the appurtenances ; a ruined church and dormitory ; a ruined chapel, called Graig . . . ; the Castle of Ballinecourt, in the barony of Athenry ; the islands (a) Apparel. — In a Parliament held at Trim, 25° HenryVI., 1447, by John Talbot, Earl of Shrewsbury, Lord Lieutenant of Ireland, the following Act was passed: — " As there is no diversity of habit between the English marchers and Irish enemies, by colour of which the Irish enemies come into the English counties as English march- ers, and rob and pillage on the highway, and destroy the common people by lodg- ing on them by night, and slay the husbandmen, and take their goods to the Irish ; It is enacted, that he that will be taken for an Englishman shall not use a beard upon his upper lip alone, and that the said lip shall be once shaved, at least in every two weeks ; the offender to be treated as an Irish enemy." — Original KoU. This Act was not repealed until X635. I7Q PATENT AND CLOSE ROLLS, [1589. 31 of Arranmore, Inishmay, and Inisharry ; with all other islands, Elizabeth, mountains, woods, churches, chapels, and other hereditaments thereto belonging, in the county of Gal way; To hold for ever; rent, £8 12s. 'jd Dublin, August 27, 31°. Membrane 3. 2. Appointment of Sir George Carew to the office of Master of the Ordnance and Munition, in as ample manner as John Travers, James Wingfield, or William Stanley, held that office ; To hold for life, at a salary of 6s. 9id. a day ; with the conduct and leading of thirty horsemen, a vice-captain, and a " guydhomme."(a) — No date. 3. Grant of livery of the possessions of Nicholas Dillon to Bar- tholomew Dillon. — Dublin, Sept. 2, 31°. 4. Grant to Cormac Carty PitzDerby, otherwise Oormac M'Der- mod M'Teige M'Oarty, of the Manor of Blarny, Twhoneblarny, the entire country of Muskry, with all its lordships and possessions ; the territories of Ivelearie, Twhonedromen, Iflanlowe, Twonerous- keagh, Clanuconogher, and Clanfynine, in the county of Cork ; and also the manors of Blarny, Kilcrea, Mocrowny, Castlemore near Moviddy, Caricknemeck, Castlenehensies,Karrichydrohid,Downyne, and Iniskean, in the county of Cork ; To hold for ever, by military service, that is to say, by the twentieth part of a knight's fee, as scutage runs; rent, £5 13s. 4^. ; also the lands of Oarricknevarr, in the county of Cork ; To hold for ever in free and common soccage ; rent, 10s., with license to hold courts baron and view of frank- pledge Drogheda, May 9, 31°. In Dorso. 5. Conveyance whereby Donald, Earl of Clancarre, granted and conveyed to Sir Valentine Browne and Nicholas Browne the terri- tory of Coshmayne . . . O'Donoho, alias Onaughto-O'Donoho, in the counties of Desmond, Cork, and Kerry ; To hold for ever. — April 18, 1588.— [Obliterated.] Membrane 2. 6. Conveyance whereby the Right Hon. Donald, Earl of Clan- carre, granted and conveyed to Sir Valentine Browne and Nicholas Browne the manors and lordships of Cosmaigne, Onaught O'Donogho alias Onaughte-Idonoho, in the counties of Desmond, Kerry, and Cork, reputed to be in the possession of Teige M'Dermod M'Cormac and Rorre Donogho, otherwise O'Donoghoe Moore, with all waters, advowsons, courts leet, view of frankpledge, tolls, waifs, strays, free fishing upon the sea, creeks, and fresh rivers adjoining ; and also the towns and lands of Naffoyry, Rosindievan, and ChomtnOelam, within the country called Oosmaige, in Desmond, late in the ocCupa- {«■) Guj/dhomme. — ^A standafd.-^" The sizes of banners, standards, pefioiie, guyd- horames, pincels, and stremers." — Cat. Bihl Hwfl ii- p. 616, art. 2129, 30. tS89.] CHANCERY, IRELAND. 171 tion of Owyn M'Pynnen ; To hold for ever, subject to redemption 31 on payment of £421 is. 2d., and £141 13s. 3d, within the cathedral Elizabeth, of Christ's Church, Dublin June 28, 30°. 7. The Lords of the Council in England to Sir Henry Wallopp, Treasurer-at-War, directing him "to advance to Sir William Pitz- Williams, Lord Deputy, before hand, from time to time, his enter- tainment, for the better enabling him to sustain the charges of his place, he having been at very great charges in his preparation thither, as also in consequence of his journey to the North." Chr. Hatton, Cane. W. Burghley. Ch. Howard. H. Hunsdon. P. KnoUys. T. Heneage. Greenwich, Dec. 9, 1588. Elizabeth R. 8. The Queen to the Lord Deputy and the Lord Chancellor, stating that Edward Sutton had been an humble suitor for a lease in reversion of certain parsonages, lands, and tithes, belonging to the late hospital of St. John of Jerusalem, amounting to the yearly rent of £22 15s., of which his father, Gerald, had been lately pos- sessed, " the rather for that through the attainder of David Sutton, the heir and executor of Gerald, several sums of money, due to Edward in respect of his father's will, and charged upon his lands, by the attainder escheated to the Crown and was utterly lost ;" beseeching her Majesty to remit to Edward and the children of Gerald £80, grown due during the life of Gerald and David, his son, for certain spiritualities of the possessions above mentioned ; her Majesty, in consideration of the loyalty and faithful zeal of Edward, is pleased to grant him a lease in reversion, for 60 years, of the parsonage and lands of the hospital lately possessed by the Earl. — ,S'i!. James's, Oct. 5, is88, 30°. Membrane 4. 9. The Lords of the Council in England to the Lord Deputy, stating that Thomas Chapman, who had served as clerk under Auditor Peyton for 20 years, and thereby became very expert in the faculty of his master, petitioned her Majesty for a continuation of the 2s. a day which he had whilst in the employment of the auditor, and an encrease of 6d. or 8d. a day for a man or boy to assist him in ivriting ; and as he was greatly charged with a poor wife and family, their Lordships pray the Council in Ireland to in- tercede with Master Peyton, who succeeded Jenison in the auditor- ship, so that Chapman may be continued in his employment ; but in case Master Peyton refuse their Lordships' recommendation, then the Couticil is to consider how this poor man is to be relieved and employed for her Majesty in some calling suitable for his quality, hi in their Lordships' opinion it was inconveiiient and a great J)ity t72 PAT?BifT AND CLOSE ROLLS, C^S^p. 3' tliat the poor man, having spent the best part of his life as he had Elizabeth, done, should now, lacking entertainment, be driven to extremity. H. Derby. Ch. Hatton. Cobham. Jamys Croft. H. Hunsdon. J. Wolley. A. Warwick. Fra. Walsingham. Greenwich, April i8, 1587. Plantation of Munster. 10. Commission to Sir William FitzWilliaras, Lord Deputy ; Sir Edmond Andersone, Chief Justice of the Common Pleas ; Robert Gardiner, Chief Justice of the Pleas ; Sir Henry Wallop, Treasurer- at-War ; Sir Nicholas White, Master of the Rolls ; Sir Robert Dil- lon, Chief Justice of the Common Pleas ; Sir Lucas Dillon, Chief Baron of the Exchequer ; Thomas Gent, one of the Barons of the Exchequer ; and Jesse Smythe, Chief Justice of Munster, relative to the plantation of Munster. " Whereas, through the late rebel- lion of the Earl of Desmond, and others his confederates, a great part of the province of Munster hath beene utterlie wasted, unpeo- pled, and made desolate, and that as well by the attainders of the Earl and his confederates, as by forfeiture, escheat, and other lawful means, sondry lordships, manors, lands, tenements, and heredita- ments, within the province, are come into our hands ; and whereas, we, of our gracious disposition and zealous care of that our realm, and to the intent to encorage and enable our loving subjects of good behaviour and accompt within our realm of England, having most dutifully offered their services, at their own adventures and charges, to inhabite and repeople the province of Mounster, did, by the advice of the Lords and others of our Privy Council, determine to have the same done and performed, according to certain articles, bear- ing date at Westminster, the twenty-seventh dayof June,in the xxviii. yeare of our reigne ; and according to a plot, by us signed and an- nexed to the same articles, as by the articles and plot remaining of record in our Chancery, and by us published and set forth, under our Great Seal of England, doth and may fully and at large ap- pere. And whereas, of late, divers controversies, variances, ques- tions, and debijtes, have grown and bene moved by sondry our loving subjects of that province of Mounster, and others, pretending right and title to divers lordships, manors, lands, tenements, and hereditaments, against us and such other as have claimed the same by our title or grant : Know ye that we, of our princely disposition, having especial care and regard that equal justice be ministered to eache partie, and that such of our English nation as shall plant themselves or their people in that province by our title or grant, may securely and quietly establish their habitation, and may wholie employ them- selves and their endevoure in and about the peoplinge and manur- ing of the same ; and to the end that all variances, controversies, questions, and debates, which have growne or bene moved between 1589.] CHANCERY, IRELAND. 173 any of our subjects of our realm of Ireland and us, or other our 31 loving subjects appointed undertakers for the inhabitinge and peo- Elizabetb. plinge of the lordships, manors, and lands, forfeited, escheated, or come to us as aforesaid, shall and may be speedelie and quietly heard, decided, and determined, according to justice and equity ; reposing great and special trust and confidence in your fidelity, wis- dome, and provident circumspection in that behalfe, have therefore assigned and appointed, and do, by these presents, give full power and authoritie to you, or to any four or more of you, whereof, the Lord Deputy, Sir Edmond Anderson, Robert Gardiner, Sir Henry Wallop, or Thomas Gent, 'to be always one, from time to time, to receive and take the petitions and supplications of any and every our loving subjects of our realm of Ireland touching any demand, claim, or title, which they or any of them shall make or set down for or concerning any of the lordships, manors, or lands, in the pro- vince of Munster, and also to hear, examine, and peruse all such evidence, matter, and proof, as they, or any of them, can show or produce to maintain their claim, title, or interest thereunto ; and likewise to be informed by our Council learned of our realm of Ire- land, and such other as shall be for that purpose by us assigned, of all that can be answered or said touching or concerning our interest, right, and title of and to the same ; and, thereupon, to hear, examine, and peruse all such evidence, matter, and proof, as shall in that behalf be shown or produced on behalf of us or our patentees, and to use all such good means by examination, to be taken upon oath or otherwise, for the trying oute of the truthe thereof, as to you, or any four or more of you, in your discretion, shall seem good ; and if, thereupon, it appear unto you that our loving subjects of Ireland have good right or title to be restored unto such lordships, manors, lands, tenements, or hereditaments, whereunto they shall make chal- lenge or claim, or to any part thereof, against us, or against any of our patentees, by the laws of our realm of Ireland, and are to be relieved by way of travers, monstrance de droyt, or petition, then our will and pleasure is, i^nd we do hereby give full power and au- thority to you to give speedy order, that such party so proving his title, shall cause his petition to be drawn in form of law for such of the lordships, manors, or lands whereunto he cannot be restored but by petition of right, and that thereupon you, v^ithout delay, do sign such petition of every or any such our loving subjects of the realm, for such and so much thereof only as he or they shall prove before you, or any four or more of you, him or themselves to have such good title unto ; and that done, to send the same petition or petitions, so signed by you, to our Deputy of Ireland, to be by him endorsed, as in that case the law shall require ; which our will and pleasure is he shall do accordingly, with all convenient speed and favour towards our loving subjects; and that done, our will and plea- sure is that our said Deputy do give and grant to our Attorney- General of Ireland, that he permit all lawful expedition to the party suing such petition ; and that upon office found of the title of the party that shall make such petition, our Attorney-General do 174 PATENT AND CLOSE BOLLS, [1389. 31 or may confess the plea of such person or persons touching his titlg Elizabeth, and demand, unless our Attorney shall find express matter of record to the contrary. And our further will and pleasure is, that if it shall appear unto you upon such examination had, by good matter, to be showed and proved that any claiming or pretending title ought to be relieved by way of traverse or " monstrance de droit," and not by petition, that then you shall give present order and direction that every such person may be relieved by traverse or " monstrance de droit" as their case shall require ; which suit, our will and jjleasure is, shall receive an end with all the expedition and favour that may be used. And if upon such examination had it shall appear unto you that any of our loving subjects, pretending right or title against us or our patentees as aforesaid, shall by good matter prove his or their title in such sort as that he ought to be relieved by way of entry, with- out petition, traverse, or " monstrance de droit" that, thereupon, you do forthwith give order for the possession of every our said loving subjects, according to his or their title so proved, without any fur- ther suit or trouble in that behalf to be used ; and that these pre- sents, or the enrolment, or a duplicate, shall be as well unto you, and every of you, and to our Deputy of Ireland, and Lord Chancel- lor for the time being, as also to our Attorney-General, and to all other our officers and ministers of the realm for the time being, to whom it shall or may appertain, a sufficient warrant and discharge for the doing and executing of all and whatsoever we, by these pre- sents, have assigned, willed, or appointed to be done. — Westminster, July 2, 30°, Membrane 6. 1 1. Grant of a lease in reversion to John Talbot, of 240 acres of arable land, near the bridge of Knockmylle, called " the Tate," in the county of Louth ; 60 acres in the Grange, near Melton ; two pounds of wax, by way of chief rent, out of Bathdowe, and lands in the county of Louth, all which were parcel of the temporal posses- sions of the abbey of Knock, in the county of Louth ; the rectory of Waspailstown, in the county of Dublin, containing the tithe of corn of the rectory of the parish church, which are collected by twelve couples of acres of corn, every couple thirteen shillings and four pence ; the alterages, 20s., with the whole of the rectory, parcel of the possessions of the hite dissolved conveut of Gracedew, in the county of Dublin ; the castle and lands of Oromlin, with common of pasture, in the county of Dublin j To hold for 40 years. — DvbUn, AiirU 10, 30°. Membrane 7. Elizabeth B. 12, The Queen to the Lord Deputy, directing a lease in reversion to be made to John Ohampen of lands of the value of £ao sterling. —April 10, 30°. igBp.] - CHANOEEY, IRELAND. 1^5 Membrane 8. 31 Elizabeth R. Elizabeth. 13. The Queen to the Lord Deputy and the Lord Chancellor, ~^ sta,ting that she -was, by office (inquisition) found at the Dingle, within the town of Kerrie, entitled to the lands of Mollaghiffe, Onos- maigny, and Clandonellroe, which were in the possession of some of the Carties that were attainted ; as also to the lands of Roosye- donoughowe and Onghty-donoughowe, lately in the possession of Rorye O'Donoghowe ; and it being ascertained that at the time of the rebellion the tenants of these la.nds were tenants at will to the Earl of Claucarre, her Majesty, therefore, directs that the Earl and his tenants may quietly enjoy the possession of those lands, not- withstanding the finding of the inquisition, and so continue until such time as there shall appear some more sufficient matter to dis- prove the Earl's pretended title. Her Majesty also grants the Earl a lease for forty years of the abbeys of Irilaugh and Inishfallen, lying in his country. — Greenwich, JuLy 6, 1587, 29°. Elizabeth R. 14. The Queen to the Lord Deputy and the Lord Chancellor, directing a grant in fee-farm to be made to Richard Power, son of the Lord Power, of the yearly value of £50, in consideration of his own and of his ancestors' good service, his grandfather being slain in service against the rebels, his uncle killed at BuUen, in the ser- vice of her Majesty's father, and his father and himself severely wounded in Ireland. — Last day of May, 1588, 30°. Memhrane 9. 15. Pleadings in a suit instituted in Chancery before Sir Thomas Oijsake, by David Stapleton, otherwise Stackbold, of Ballingelduffe, in the county of Cork, against Walter M'William Stapleton, other- wise Stackbold, of Drome. The plaintiff alleged that Edniond, his fa,tber, was seized in fee of the lands of Drome, in the county of Tipperary, On the death of Edmoud, the lands descended to James, his son, on whose death the lands came to David, the plaintiff,: his brother and heir, who was thereof seized until disquieted by David. The defendant answered that Shane Reoghe Stapleton was seized of the lands, and on his death, Redmond Stapleton entered into possession as heir of Shane. On the death of Redmond, the lands descended to Tybbott M'Redmond Stapleton, as his son and heir, who dying without issue, the lands came to William Stapleton, as brother and heir of Tibott. On the decease of William, the lands descended to the defendant, Walter Pitz William, his son and heir, who entered into possession and was thereof seized in his demesne as a fee. The plaintiff replied ; the defendant rejoined; issue being joined and witnesses examined, the court decreed that David should have possession of the lands, and the defendant should pay £2 6s. %d. costs ; provided that the defendant and hia tenants should remain il6 PATENT AND CLOSE KOLLS, • [1589. 31 in possession until " Hallontide," and then depart, taking all their Elizabeth, goods and corn with them. — Dublin, Feb. 9, 1° Mary. Signed, Thomas Cusake, Oanc. John Parker, Magister Rotulorum. Membrane 10. 16. Conveyance whereby Thomas Howthe, of Dublin, John Bry- myngham, Nicholas White, William White, freeholder, John White, yeoman, Nicholas Howthe, of Dublin, gent,, James Aspole, Walter Brymyngham, and Henry Dancy, granted and conveyed to Richard Deston and Laurence, Lord of Howthe, the lands of the Warde, Sca- larston, Knocke, Spreckleston, Holywoodrathe, Athfalan, and Meon- israthe, in the county of Dublin ; To hold to the said Richard, and the heirs male of his body, of the chief lord of the fee, by the ser- vices thereout due, and of right accustomed Oct. 28, s° Edward VI. 17. "Feoffment whereby Richard St. Laurence, Lord of Howthe, 1 Anna Bermyngham, Christopher Howthe, alias St. Laurence, of the Warde, Edmond Browne, and Patrick Lye, granted and conveyed to Bichard Nugent, Baron of Delvin, Christopher Chever, and Walter Bermyngham, the manor of Ward with the appurtenances, and the lands of Spreckleston, Meynrath, Scalardiston, Cnocke, and Holiwodrath ; To hold for ever of the chief lord of the fee., June 20, 3 and 4° Philip and Mary, 1557. 18. Intent of the preceding feofment, namely, that the feoffees shall be seized of the manor and lands therein mentioned, in trust for the use of Christopher Howth and Elizabeth Plunket, his wife, for their natural lives, remainder to her heirs male, remainder to John Howthe, brother of Christopher, and his heirs male, according to the limitations contained in a certain recovery or feofment made by Christopher, late Lord Howth, of the premises ; and it is wit- • nessed that Elizabeth shall have for her jointure, the manor of the Ward, Spreckleston, Qallanyston, Pheyposton, Freistonne, Meyn- rathe, Skalardston, the Cnocke, and £20. Signed, Christopher Howthe. Membrane 11. 19. Feoffment whereby Christopher of Saint Laurence, Lord of Howthe, Nicholas White, of Dublin, merchant, William White, of Sutton, Thomas Saint Laurence, otherwise Howth, of Howth, gent., Walter Bermyngham, of Balloghe, gent., and James Archibold, of Baldowell, granted and conveyed to Sir Christopher Chever, of Maston, John Netterfeld, of Dowthe, Walter Goldinge, of the grange of Portemarnock, and Thomas Wycombe, of Drynom, gent., the- manors of Ward, Killmamonam, Sprecleston, Ireiston, and Phei- ponston, Galanston, Meynrath, Skalardston, Knock, and Holywod- 1589.] CHANCERY, IRELAND. 177 rath, in the county of Dublin ; To hold for ever of the chief lord 31 of the fee by the service thereout due and of right accustomed. — Elizabeth. March 20, 7° Elizabeth, 1765. 20. Intent of the preceding feoffment, namely, that the feoffees shall stand seized of the premises in trust for the use of Christopher, Lord of Howth and Elizabeth his wife, for the term of their liyes, without impeachment of waste. Signed, Christopher Howthe. 21. The Queen to the Lord Deputy and the Lord Chancellor, relative to the bishoprick of Laughlyn ; " whereas this bishoprick, seated on the border between the Onweres and the Caranaghes, is now Toyde, and requisite to be supplied by a man of quality, able as well for life as learning, by good example and teaching, to draw those people to a better knowledge of their duties to God and to us, as also for his behaviour, by good hospitality, to become the more acceptable unto them ; and as the revenue of that bishoprick, not exceeding fyftie pounds by the yere, or thereabouts, is incom- petent for such a man and so good a purpose ; we, being duly informed of the sufficiency of Richard Meredith, Dean of Saint Patrick's, Dublin, for those respects, as also for his learning and zeal to good religion, being commended unto us as well by our late Deputy as you our Chancellor, and other bishops of that our realm, have made choice of him to be preferred to the bishop- rick of Laughlin, holding therewith nevertheless his deanery, of our especial grace, still in commendam, for the more enabling him to maintain the calling of his preferment; wherefore we will and command you that upon the receipt hereof you do, under the great seal of that our realm, cause such and so many of our letters to be made as shall be sufficient and requisite for the election, consecra- tion, and admission of the said Richard Meredith into the said bishoprick, with all manner of rights, duties, and pre-eminences thereunto belonging, as in such cases is accustomed ; together with the arrerages of the same during the time it hath remained void, and also therewith as good and perfect estate in the law, for the actual enjoying the said deanery in commendam during his life, as his learned counsel shall devise and advise for him, whereby his acceptance of the bishoprick may in no way make void or prejudice his present right or interest in the deanery." — Manor of Richmond, Jan 1 1, 1588, 30° Membrane 12. Elizabeth R. 22. The Queen to the Lord Deputy and the Lord Chancellor; informing them that suit had been made on behalf of Robert Hamon, son of Laurence Hamon, in consideration of his service in her Ma- jesty's chapel, and of the good and faithful services of his father, to grant unto him a further estate in the manors of Moygare and VOL. II. N 178 PATENT AND CLOSE ROLLS, [1589. 31 Tryme, of which he was tenant for a term of years ; her Majesty, in Elizabeth, order that he should be the better encouraged and enabled to continue- the dutiful course of a good subject and servant, is pleased to grant to him the reversion of the said manors, to begin immediately upon the expiration of his present lease ; a fourth part of the rent to be rendered in corn. — Ore&mjoioh, last of March, 1585, 27°. Elizabeth R. 23. The Queen to the Lord Deputy and the Lord Chancellor, directing a pension of twelve pence sterling a day to be granted to Tadee Noland, in consideration of his commendable service : to be paid out of the Exchequer or Treasury. — Saint James, Oct. 15, 1588, 30°. Elizabeth R. 24. The Queen to the Lord Deputy and the Lord Chancellor, directing the nomination of John Gtafvey, Bishop of Kilmore, Dean of Christ Church, Archdeacon of Meath, and one of the Privy Council, to the Deanery of Armagh ; being a person very fit and worthy to be called thereunto ; and her Majesty for the better maintenance of his state and calling, directs that he shall hold in commendam the deanery of Christ's Church and the Archdeaconry of Meath.-: — West- mmster, March 21, 1588, 30°. Memhrane 1.3. 25. Conveyance whereby David Gangcaughe, son and heir of Thomas Cogane M'Shiarie, son of Miles Cogane, granted and con- veyed to William, son of Patrick Fitz William Terrie, a messuage and lands in Kilvourrye, and in BaiUyurbane, near Kilvourye, with the appurtenances in Kiericourihye, in the county of Cork, lying be- tween Rathevyne and Dromgorihye, on the south, Shanycourte and Ballynvonvilye on the north, Ballynycorrye on the west, and as far as KnocknymuUaghtyne on the east ; To hold for ever ; in moors and marshes, in wood and plain, in meadows and pastures, in paths and ways, in rivers and vivaries, of the chief lord of the fee by the service thereout due and accustomed. — The Mayor of Cork, at the request of Philip Cogan, aflSxes the mayoralty seal. — Cork, Dec. 15, 32° Henry VIII. 26. Letter of attorney from David Gangcaughe Cogane, to Robert Lowese, to put William, son of Patrick Tyrrye, in seisin and pos- session of the premises in the preceding article mentioned. — Dec. 20, 32° Henry Ylll. 27. Release made by David Gangcaughe Cogane, son of Thomas M'Shiarie, to William, son and heir of Patrick Tyrrye, of all his right, title, and interest in the lands of Kilvourrye, and the lands in article No. 25 mentioned. — Oorh, Dec. 20, 32° Henry 7111. 1589.] CHANCERY, IRELAND. 179 28. Injunction to maintain William Tyrry, of Cork, in possession _ 3^ of the fourth sheaf of corn growing on the lands of Ballorbane Elizabeth, and Kiellvirry, in Kerrycurrihy, in the county of Cork. — Inquisi- ~~" tion and finding of the jury — Nov. 28, 1585. Membrane 14. 29. The Vice-President and Council of Munster to Master Christo- pher Sampson ; commanding William Tyrry, of Cork, -to be maintained in possession of the lands of Ballevrbane and Kiellwirry, in Kerry- currihy, in the county of Cfrk; his title having been confirmed by the Commissioners of the province, and lately found and presented by several juries charged to inquire concerning the escheated lands. — March 15, 1586. Petition of William Tyrry PitzWilliam, of Cork, to the Queen's Commissioners j complaining of a trespass committed by James TitzMorish, upon his lands in Kerricurihie, and beseeching their lord- ships to summon the defendant to answer, "and this for the love of God, and in the way of charity." — No date. Answer of James FitzMorrish, alleging that the bill is insufficient; that the lands are the rightful inheritance of the Earl of Desmond. — Replication of plaintlfi". — -Depositions of witnesses. — Injunction to the Sheriff to put William Tyrry PitzWilliam in possession of the lands. Signed, George Gowle, Mayor. William, Cork, Clone, and Rosse. David, Buttevant. Morris de Ripe et Permoy. — Aug. II, 1584. Membrane 15. Elizabeth R. 30. The Queen to the Lord Deputy and the Lord Chancellor touching the town of Kinsale. " Whereas the town of Kinsale, amongst divers other petitioners sent here unto us and our Privy Council, all which we send' unto you, have very humbly desired, in respect of their great poverty and ruined walls of the town, to have for their better abilitie to repayre the same, the cocquet of hides transported out of that towne to foraine parts, as also a yearly rent of £3 6s. 8d. issuing out of the Coursies' country, near the town, the said cocquet money being, as we are informed, but 8d. upon every dyekerW of hydes so transported ; and both this cocquet money and the rent of £3 6s. 8d., lately fallen to us by the attainder of the rebell Desmond, are in all, as we are informed, not worth £5 a year ; in regard of the poverty of this town, and that the inhabit- ants have continued very loyal and dutiful in the late rebellion, whereby they allege themselves to have been much impoverished, W Dyckeb ^A certain quantity, consisting of ten hides, by which leather is bought and sold. There are also dichers of iron, containing ten bars to the dicker. This word is supposed to come from the Greek ZtKag, which signifies ten. — Domesday. " Every last containing ten dickar of hides." — Kot. Pat. 4° Jac. 1, p. 1, m. 50. VOL. II. N 2 i8o PATENT AND CLOSE ROLLS, [1589- 31 we are pleased to grant to the town, as well the said cocquet money Elizabeth, of hides transported, as also the rent of £3 6s. Sd. out of the Coursies' country, for 31 years next ensuing;, on condition that they account yearly to the .Exchequer for the profits of the cocquet ; to the end that you, the Chief Governors, may from time to time know what the same amounts to, and likewise see the same bestowed upon repairing and strengthening the town, as they thereby may understand the goodness of this our gift ; and for the rest of the petition of this town) in which they desire the renewing of their corporation, with certain new privileges and things to be expressly inserted, which, as they say, they either presently enjoy by custom and prescription, or else are siich as have been heretofore granted by us to the towns of Cork, Youghal, Kilmallopk, and other corpo- rations j though the consideration of this, the rest of their petition, has by our Privy Council here been- referred to some of our learned counsel in the law, as you may see by their postils upon the same; yet for that you there are better able to judge as well of the state of this town as what is meet to be passed from us unto them than we here can do, we are pleased to refer to you and our Privy Coun- cil the consideration of this their petition, and what you and our Council there shall think fit for their relief to be passed, in the renewing of their old corporation, these are, accordingly, to will and command you to pass the same from us in good and due orm of law to the town under our great seal." — Greenwich, Jan. 13, 30° 1587. [^The charter consequent on the preceding letter of the Queen is not of record ; it bears date the loth May, in the 31st year of her reign, and is in the possession of the Corporation. As it is not to he found in our public archives, a summary of its- contents is here given. It appears by it that a charter was granted on the 'jth of ' January, 7° Edward III. (1334), which grants that the BvArgesses and Commons of Kinsale may elect from amongst the Burgesses yearly one honest Burgess of the town to be Sovereign, and that he should have a mxice carried before hi/m; that the customs of all cuUomahle things should be collected and received by the Sovereign, in like manner as the Mayor and Com- mons of the city of Cork from, time to time collect and receive the like; and that such customs, when received, should be expended in repairing the walls of the town, saving to his Majesty the custom of the cochet ; and that the accounts should be made before two honest and discreet Burgesses, to be chosen from year to year by the Commons of the town, and in drfaultofthe accounts being so tah&ti, that they should be made before and tahn by the Earl of Desmond, on behaff of the town, and not in the Exchequer. It further grants that the Sovereign should have the cognizance of all pleas, as well of the tenures of land within the liberties and suburbs, as of trespass, covenants, debts, ac- counts, and other contracts whatsoever therein arising, to whatsoever sums they should amount, and the execution of the said pleas. It also grants to the Sovereign the assize of bread, the custody of weights and measures and ail other things to the office of clerk of the market, 1589.J CHANCERY, IRELAND. 181 and of measures and weights belonging, to the exclusion of any other 3^ clerh of the market or minister of her Majesty, and that the Sovereign Elizabeth. should have all jurisdiction belonging to the office of EscheaH^r, Keeper oftht Peace, or Admiral of the town or liberties thereof, to the exclu- sion of all other persons preswrning to exercise those offices ; that all the profUs of forfeitures and escheats should be converted to the use of the toiim, without any account to be rendered to the Exchequer. That no foreign merchant should have authority to deal with any person within trie town, unless with such as are freemen ; that the Sove- reign and Gommonalty might once a year make as many freemen as they should think ft; and that the Sovereign, Burgesses, and Gom- monalty should enjoy their franchises within certain specified limits, viz., from a rock called Bulman Rock and White Bay unto Inoshan- TMne, in portu maris usque finem aquae tarn dulcis quam salsEU ; and power is given to the Sovereign, Burgesses, and Commonalty once a year to assemble and make rules and ordinances for the government of the town. This charter was recited in, and ratified and confirmed by, an Act of Parliament, held at Limerick, in the twenty-second year of Edward the Third, with a condition that two of the Burgesses living in the town should be appointed, one by the Lord Coursey and the other by the town, who should see the customs, revenues, and profits expended upon its walls and fortresses. The above Act was exemplified by patent of the i^th February, 22° of Edward the Third, and the charter of Elizabeth contains an in- speximus of that exemplification. By charter of the sSth January, 5° Richard II., enrolled in Chan- cery (Rot. Pat., 5° Ric. II., p. I, m. 6, d.), the custody of the King's petty custom, arising from goods exported from, the town, was committed to the Provost and Commons, to hold so long as the same customs should pertain to the King, according to a grant lately made in a Parliament held at Dublin, yielding 10 marks yearly; and on the sams roll (article 193), the Sheriff of Cork, collector of the custom, was commanded to permit the Provost and Commons to dispose of the custom at their pleasure. By charter of the 2^rd May, 12° Richard II., enrolled in Chan- cery (Rot. Claus., 12° Ric. II., m. 22, d.), the King exonerated during pleasure the Commons of Kinsale (the town being in the Marches anumg the Irish enemies and English rebels) from attendance on wards, musters, and parliaments. On a roll of Chancery remaining in the Exchequer, the date of which is destroyed, is a grant to the Provost for murage, of certain specified customs on goods for sale coming to the town, or to the port of Endelford, pertaining to it. The charter of Elizabeth (which is not of record in this country) confirms all their former privileges, and re-grants to them, by ihe nam« of ilie Sovereign and Commons of the town of Kinsale, all lands, rents, tenements, and ecclesiastical advowsons to the Corporation or their parish church theretofore granted, with power to take and acquire other lands, not exceeding in valiie £30 a year ; and after stating the i82 PATENT AND CLOSE ROLLS, [1589. 31 limits of their jurisdiction ly sea and water, as granted by the charter Elizabeth, of Edward, it grants that those limits should extend by water and sea one mile round, on every part, beyond the extended limits and bounds. It then shows distinctly the bounds by land, gives power to perambulate, and grants that all lands within the limits, and the red- dents therein, shall be under the government of the Sovereign and other officers of Kinsale ; it grants power to them to appoint a customer or collector of customs, who should be also searcher, examiner, and gauger in all ports, bays, and creeks from the Old Head to the Dor- seys, and to collect all customs tvithin those limits, rendering an account to the Exchequer ; and that the Sovereign and Commons should have aU the jurisdiction, liberties, usages, and franchises, in all the said ports, creeks, and bays, which to the office of admiral or any other offiice doth belong,as they had previously exercised,used,and enjoyed. It further grants that the Sovereign and Recorder, associating to themselves two of the ancient burgesses, should be justices for the con- servation of the peace and gaol delivery in all offences (treasons de- clared by the 25° Edward III. only excepted), so as to exclude the justices of the county of Cork, and all other justices ; that the Sove- reign and Commons should have a gaol in the town, and that the Sergeants-at-Mace should act as Sheriffs in the borough sessions. It further grants a market on every Wednesday and Saturday, and a fair on Saint Bartholomew's Day and tlie three following days, the Sovereign to be clerk of the market and governor of the fairs of the town, and to hold a court of Pie-poudre. This charter further granted the cocket of hides and an annual rent of £3 6a. id., issuing out of Coursey's country, vested in the crown by the attainder of the Earl of Desmond, for a term of 31 years to be expended on the fortifications of the town.'\ Elizabeth R. 31. The Queen to the Lord Deputy and the Lord Chancellor, directing a grant in fee-farm to be made to William Browne, of Malranoan, in Wexford, of lands of the value of £30 a year. Manor of Greenwich, Feb. 3, 1587, 30°. Membrane 16. Elizabeth R. 32. The Queen to the Lord Deputy and the Lord Chancellor ; directing the nomination of Thomas Wethered, Warden of the Col- lege of Youghal, to the bishoprick of Waterford and Lismore, with permission to retain, in commendam, the wardenship ; her Majesty also directs that those bishopricks shall be disunited from the see of Cashel, and bestowed " upon some suitable man whose labours would be personally employed in instructing the people in the places where the undertakers are planted, being a large country and destitute of instructors in the knowledge of their duty to God and the Queen, a matter greatly desired and humbly sought for by the undertakers." Westminster, March 21, 1588, 30°. igSp.] CHANCERY, IRELAND. 183 33. Confirmation by the Lords of tlie Council of the appointment 3i of Robert Legg to the office of Deputy Remembrancer of her Ma- Elizabeth. jesty's Exchequer, to which he had been nominated by Richard Colman, Chief Remembrancer. Signed, Ad. Dublin, Cane. Lucas Dillon. Nicholas Walsh e. Robert Dillon. Jeffry Penton. H. Wallopp. Ry. Byngham. Jo. Kilmore. G. Bourchicr. Thos. Miden. N. White. Ro. Gardiner. — Castle ofI)ublin, March 4, 1588. Membrane 17. 34. Petition to the Lord Chancellor, of Andrew Colthurste, of Lismore, in the county Waterford, praying for a commission to examine Thomas Busse, " an old and an aged man, impotent, and not able to travailc," a necessary witness to be examined upon cer- tain interrogatories annexed. — Commission. — Interrogatories. — De- positions taken at Merlington, 8th August, 31st year of the reign of Queen Elizabeth, before John Dracotte and George ByrshaU. Elizabeth R. 35. The Queen to the Lord Deputy and the Lord Chancellor ; informing them that Captain Thomas Woodhouse had lately erected certain glasshouses for making glass for-glazing and drinking, likely to prove beneficial to him, and, therefore, he had made humble suit for the especial privilege in that behalf; her Majesty, consider- ing that the making of glass might prove commodious to both realms, and that Woodhouse was the first that with any success had begun that art in Ireland, is pleased to condescend to his petition, and, therefore, orders that a grant should be made to him, his executors, and assigns, of the privilege of making glass for glazing, drinking, or otherwise ; and to build convenient houses ; for the term of eight years ; the glass to be sold as cheep, or " bett«r cheepe," than similar glass in foreign parts ; prohibiting all other persons from the manufacture during the period mentioned in the patent. — EichmondjJan. II, 1588,30°. Membrane ig. Elizabeth R. 36. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in reversion to be passed to George Greame, of lands and tithes known by the name of Saint John's, in the Naas, of the value of ^£34 a year — Jfonesuch, August 5, 1589, 31°. Elizabeth R. 37. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in fee-farm to be granted to Patrick Graunte, of lands of the value of £30 a year. — Greenwich, June 29, 1588, 30°. i84 PATENT AND CLOSE ROLLS, [1589. Klizabe h Elizabeth R. ' 38. The Queen to the Lord Deputy and the Lord Chancellor ; directing a lease to be granted to Peers Golde of a certain parcel of waste land called Rathoursy, in Imokilly, in the county of Cork ; To hold for 31 years Nonesuch, July 6, 31°. Membrane 30. Elizabeth R. 39. The Queen to the Lord Deputy and the Lord Chancellor, relative to the possessions of the Earl of Kildare. " Right trusty ; ■whereas the Castle and lands at Catherlagh, belonging to our cousin, Henry, Earl of Kildare, have been these many years withholden from him by Robert Harpoll, constable of our fort in Catherlaghe, by force of a lease made unto him, in which lease the lands were inserted ; by reason whereof the Earl's right was brought in question; whereupon the Chief Justices of the Benches and the Lord Chief Baron did give their opinions for the invalidity and insuf- ficiency of the lease, and a certificate was thereof returned to our Privy Council here by Sir John Perrot, then Deputy ; never- theless, weighing how commodious and necessary the lands lie for the use of our fort, the Earl hath been dealt with, on our behalf, for an exchange to be made for other parcels of our inheritance in that realm, whereof he hath besought assignment and a perfect estate to be made to him in lieu of the lands, which we cannot but think reasonable, and, therefore, do expressly will and command you, with convenient speed, to pass unto the Earl and to his heirs an estate in fee-simple of such lands and reversions in this our realm in exchange, as shall be answerable to like quantity and goodness of the lands in Catherlaghe ; and for such lands as the Earl is to pass over unto us, being now annexed to the fort of Cather- laghe, we require you to have an especial care to see the same well assured unto us in fee-simple." " And whereas, he hath made humble complaint that the lands and tenements, parcel of his inheritance, contained in a schedule here included, are wrongfully withholden from him by sundry private persons, who are said by indirect means to have entered into the same ; our will and pleasure is that you, with our Council, shall examine and take the consideration thereof unto you, and finding the wrong therein to be done, as the Earl doth complain, that you take order, the best means you can, for his present restoring to the possession of the lands so far forth as good conveyance, or due proof to be produced before you, may warrant the same in course of equity ; any inquisition, act, attainder, or matter to the contrary notwithstanding." " And whereas divers rents as well in the counties of Cork and Limerick as elsewhere, paid to his ancestors and now payable to him, are, as he informs us, detained from him, partly by the under- takers and chiefly by private persons, by reason of the attainder of the traitor, Desmond and his confederates; for as much as we under- 1589.] CHANCERY, IRELAND. 185 stand that every subject's right is reserved, we will and command 3i you, that you cause present order to be given that the Earl and his Elizabeth, officers may accordingly levy and receive so much of the rents as upon due examination shall appear to have been due in the course of justice to his ancestors ; and these our letters shall be authority to you as well for the doing of the premises, as also for the passing of a lease in reversion (which we likewise command you to perform), under the great seal of that realm, of all tithes, customs, and spiri- tualties, in Lecael, in the county of Down, in the realm of Ireland, unto the Earl and his assigns, for the term of 50 years, to begin on the expiration or determination of the lease now in esse ; reserving to uS the accustomed rent." — Manor of Otelands, Sept. 9, 1589, 31°. " A Brevyat of certain manors, to-wns, and lands, the antient in- heritance of the Earl of Kildare, wrongfully withhol den from him": — The manor of Dipps. The town of Dipps. Balleneslane. ■ Castlesowe. Rossard. Kilchorelagh. Ballyhobyne. St. Nicholas' Chapel. Roche's Oonygrewe. Ballybee. The manor of Old Rosse. Rochestowne. Bally nymetagh . Kylstanlone. Ballyneboly. Bremleymore. Beggeryne. The town of Downnawny, with a castle and 180 acres. Ballysenane, a castle, and two plowlands. The Chapel. Clone Roche. Ballymaxe. The Rodenagh. Eive castles of the Naas. Ballynebewrouse. Moynnehirlagh. Tomduff. Three pounds ten shillings, is- suing out of Great Kylleane. Garraneclause. Raturlyne. The lordship of Killowgy. The town of Killowgy. Porstallstowne. Cnockestoune. The Tomennerles. Conlagh. Kyngestowne. The two forests. Birnestowne. The two Clandylyff, Major and Minor, and all the lands in the county of Wexford. Patent Roll, 32° Elizabeth. 1589. Membrane 1. 1. The Queen to the Lord Deputy, directing a pension of £200 a year to be granted to the Earl of Thoniond .... [torn and obliterated]. — Oatlands, Sept, 4, 1589, 31°. 2. The Queen to the Lord Deputy, directing the Commandry of Catherlogh to be granted to the Lady Baltinglass ..... [obliterated]. — Oatlands, Sept. 24, 1589, 31°. 3» Elizabeth. i86 PATENT AND CLOSE KOLLS, [1589. 3X ■ Membrane 2. Elizabeth. Elizabeth R. 3. The Queen to Sir William FitzWilliams, Lord Deputy, and the Lord^ Chancellor ; directing a pension of ^6200 a year to be granted to the Countess of Desmond, who had been " a suitor to her Majesty to relieve the poor estate and misery whereunto she was brought by her husband's rebellion." — Saint James's, Sept. 20, 1588, 30°. Elizabeth R. 4. The Queen to the Lord Deputy and the Lord Chancellor j directing a grant to be made to Thomas Morris of lands of the yearly value of £25, in consideration of his service in Ireland for 35 years. Her Majesty also directs the restoration of his house and lands in Offaly, which had been seized by one Mellichape, for non-payment of a certain sum of money, and given to Captain Warren ; and re- quires that justice should be done him in his suit with Lady Cowley, as he alleges that " he is overborne in the justice of his cause by the multitude and credit of her friends." — Nonesuch, Jidy 5, 31°. Membrane 3. 5. The Lords of the Council in England to the Lord Deputy ; directing a new grant to be passed to George Thorneton of the office of Provost Marshal of the province of Munster, with the entertain- ment of 3«. a day for himself, and the leading and charge of 12 horsemen at I2cf. a day each. — Thornton having petitioned her Ma- jesty that the pay allowed to his 25 horsemen had been reduced to 6\d. a day, whereby they were not able to maintain themselves and their horses in condition suitable for her Majesty's service. Signed, Chr. Hatton, Cane. Cobham. Jo. Perrot. W. Burghley. T. Heneage. J. Fortescue. C. Howard. Fra. Walsingham. J. WoUey. H. Hunsdon. — Otelands, Sept. 28, 1589. Elizabeth R. 6. The Queen to the Lord Deputy j directing a grant to be made to Henry Sheffield, in consideration of his long and painful service, of lands of the value of £40 a year, for 31 years. — Nonesuch, July 5, 1589, 3i°- Membmne 4. Elizabeth R. 7. The Queen to the Lord Deputy and the Chancellor; directing that the first pension amounting to 2od. a day, when vacant, should be granted to Thomas Fleming, of Bealgola, in Munster, in considera- tion of his service in the wars in Ireland — Nonesuch, July 5, 15^89. 1589.]; CHANCERY, IRELAND. 187 8. Commission to Nicholas Walshe, Second Justice of the Chief 3a Place j Thomas Wadding, Richard Aylward, and Walter Roche, to Elizabeth. ascertain the possessions of Shane Brenaghe, otherwise Shane M'Richard, late of Ballyda, attainted of treason. — May 15, 27°. 9. Inquisition taken at Rathkeran,- in the county of Kilkenny, 8th October, in the twenty-seventh year of the reign of Elizabeth, before Nicholas White, Esq., Chief Justice of the Chief Place, and Richard Aylward of Waterford, by virtue of the commission in the preceding article mentioned ; finding that John or Shane Brenagh M'Richard, at the time of his death, was seized in his demesne as of fee of nine messuages, nine gardens, forty acres of land, ten acres of wood, and thirty acres of pasture, in Ballyda, otherwise Harries- ton, in the parish of KilcoUvan ; that they were held of Richard Strange of Donkett, as of his manor of Dromdowny, at a rent of 5s., but by what service the jurors were ignorant ; that the lands were worth by the year, over reprises, 40s., and that her Majesty was entitled to have day, year, and waste of the lands. Signed, Nicholas Walshe. R. Aylward. —Oct. 8, 27°. Membrane 5. 10. Pleadings in a suit instituted in the Court of Chancery by Richard Strange, of Donkytt, in the county of Kilkenny, against. Francis Lovell, of Knocktofer, in the same county. The' plaintiflf alleged that James Brenagh, of Cowleston, being seized as of his inheritance of the lands of Cowleston, held it of complainant as of his manor of Dunkitt, by knight's service, that is to say, by the service of two shillings, as scutage runs, as by antient county court rolls and rentals appeared ; that James died leaving a son, Robert, of the age of six years at the time of the death of his father, by reason of whose minority, and the tenure by knight's service, the plaintiff claimed to have all the lands holden of him duringthe infancy of Robert and also to have wardship of his body; and that he was disturbed in his pos- session by the defendant. The plaintiff further alleged that the lands were situate in remote parts, from whence James could not conveniently come to try the cause by course of law, that defen- dant was in great alliance with the freeholders of the shire and therefore prayed his lordship to compel the defendant to answer the bill — Defendant appeared and maintained that the matter com- plained of ought solely to be determined by a court of law, and was not within the province of Chancery, where he, the defendant, was precluded from many advantages which by the usage of the court he was deprived of ; but if compelled to answer, he saith (alleging the insufficiency in law of the biU), that the lands in question were held of the Earl of Ormond by fealty and escuage as of his manor of Knocktofer, of which service the Earl was seized by the hands of \ \ 188 PATENT AND CLOSE EOLLS, [1589. 3» James Brenagh as of his inheritance, and on the death of James, leav- Elizabeth. ing a son, Robert, within age, the Earl seized the wardship, lands, and body of the minor, and granted them over to defendant, during the minority, iy reason of which the defendant occupied the lands, as was lawful for him to do. — Replication, — Issue being joined, the Court decreed that the complainant should have and recover the ward and marriage of the minor, the lands with the appurtenances, and forty shillings costs Dublin, May 20, 27°. Signed, Ad. Dublin, Cane. Membrane 6. License to make Saltpeter. 11. "Elizabeth, by the grace of God, to all justices, sheriffs, and other oflBcers : know ye, that we, in consideration of the great quantity of good corn powder, yearly made and delivered in our store, at the Tower of London, at a rate agreed on by our beloved subjects, George Evelyn, Richard Hyl), and John Evelyn, give to them full power, license, and authority, to dig, open, and work for saltpeter, in England and Ireland, and all other our dominions where saltpeter, without fraud or cover, shall be thought convenient and meet to be digged for and found, except the city of London, and two miles distant round about from the walls of the city, the counties of York, Northumberland, Westmoreland, Cumberland, and the bishoprick of Durham; and the same saltpeter to trye out and make in to powder, for the term of eleven years ; with license to erect, make up, and lay all flowers, stables, walls, or any other place that shall be by them stirred, digged, overthrown, or pulled down j and if any variance shall arise between the peter-makers and owners of the ground, then our pleasure is that two of our justices adjoining shall have power to hear and determine the same ; and all former grants or commissions for making of peter or powder shall cease." — License to have and take carriages at the rate of ^d. per mile. — Westminster, Jan. 28, 31°. 12. License from George Evelyn, Richard Hilles, and John Evelyn to William Awcher, Arnold Haddys, Thomas Harnon, and Richard Hatton, gentlemen, of approved skill and knowledge, to dig, open and work for saltpeter in Ireland, and manufacture powder, for the space of II years. — May 30, 1589, 31°. 13. The Lords of the Council in England to the Lord Deputy; informing them that suit had been made to her Majesty, by Patrick Pox of the county of Limerick, to obtain some pension towards his maintenance, having lost his right arm in service against Sir John Desmond, and instructing him, the Deputy, that her Majesty was pleased the next pension falling due, amounting to is. a day, should be granted him. — Richmond, Dec. 22, 1589. Ohr. Hatton, Cane. T. Heneage. J. WoUey. W. Burghley. Era. Walsingham. J. Portescue. James Croft. J. Perrot. igSp.] CHANCERY, IRELAND. 189 Membrane 7. 32 14. Indenture between her Majesty and Richard Pinglass ; whereby ^''^^*^- her Majesty leases to him the lands of Ballivaghill, Garrardstown, alip,s Gerrardiston, and Elleiston, in the county of Dublin, parcel of the pos- session of the late abbey of the- Blessed Virgin ; Palmerston, Kilc- hoghe, Chogherland, in Balbrigin, a moiety or halfendale of Bal- richarde, Balgeth, Curraghe; the Rathe, Holiwooderathe, Corbally, in the county of Dublin ; Wadeton, otherwise Wardeton, in the county of Meath, parcel of the possession of John Buruell, attainted; (all advowsons of churches, kniglit's fees, wards, marriages, and escheats excepted) ; To hold for 30 years : maintaining three able archers of English nation with suiEcient and necessary accoutrements for defence of the realm ; and Einglass undertakes not to exact any coyne, livery, or other unlawful imposition. — JVo date. Membrane 9. 15. Pleadings in a suit instituted in the Court of Chancery, by Sir Christopher Nugent, Lord Baron of Delvin, and 'J'homas Eitz- Symons, against, Patrick Shreane, and Nicholas Casshell, late Bailiffs of Dondalk, Richard Weston, Henry Dowdall, and others. The plaintiffs allege that they and their ancestors, and those whose estate they have in the manor of the Haggard, in the county of Dublin, were, time beyond man's memory, quietly seized of a common of pasture, in the pasture called the Mersses, between the Haggard and Dondalk, in the county of Louth, for themselves, their tenants, and the inhabitants of the manor, for allmanner of cattle, and continued so seized until Patrick Shrean and Nicholas Casshell, Bailiffs of Dondalk, accompanied by the defendants and other dis- orderly persons, the last of July, 1585, came to the Mersses and wrongfully and forcibly chased and drove away the cattle of peti- tioner and his tenants from the common, contrary to her Majesty's peace. Bath and Mapas answered the bill, and affirmed that the bailiffs and commons of Dondalk were seized, time out of mind, in right of their corporation, of the place and soil called the Mersses of Dondalk, discharged of any common of pasture used by the com- plainants or their tenants of the Haggard. The defendants also affirmed that, upon pretence of title made by the tenants of the Hag- gard, in the thirty-fifth year of the reign of Henry the Eighth, they complained to the Lord Deputy and the Council that they were dis- turbed and interrupted in their common ; which complaint being referred to Sir Oliver Plunket, Lord of Lowthe, and Sir Gerald Ailmer, Chief Justice of the Chief Place, they repaired to the Mersses accompanied by the inhabitants of both towns, and upon mature deliberation, examination of proofs and testimonies, found "the inhabitants of the Haggard had claimed a common in the Mersses of the franchises of Dondalk unto a certain great lake or marisse, adjoining to Carrickderricke ; but from the lake and marisse to Dondalk or Waterford northward they found that the inhabitants of the haggard had no right or title to pasture." — Replication Re- joinder. — Decree by the Lord Chancellor, (Master Robert Gardi- I90 PATENT AND CLOSE ROLLS, [1589. 3» ner, Chief Justice of the Chief Place, attending at the request of the Elizabeth. Chancellor), " that the bailiffs and commons of Dondalk had been seized in their demesne of the Mersses in right of their corporation, and took the profits thereof as of their several soil, discharged of any common, except from KnocktuUy to the lake or river adjoining to Carrickderricke, in which place of ground only of all the Mersses the complainants had and do enjoy a common for all their beasts without interruption." — [Incomplete.] Memhram 12. Elizabeth E. 16. The Queen to the Lord Deputy and the Lord Chancellor; informing them that for the better repeopling of the province of Munster, she desired that Sir Edward Barkley should, amongst the rest of the undertakers^ have assigned unto him the castle of Askey- ton, in the county of Limerick, with the whole Seignory thereunto allotted ; which premises had been passed to Barkley immediately before his death, and before the great seal was affixed ; her Majesty in consideration of the service of his brother Francis, grants him the Seignory, with all the lands and tenements thereunto belonging ; reserving the castle of Askeyton with 40 acres next adjoining, which, nevertheless, her Majesty commits to his care during her pleasure ; and directs that the pay of the fifteen footmen and the Constable of the castle shall cease. — Richmond, Dec. 18, 1589, 32°. 17. The Lord Deputy, Sir William PitzWilliams, to the Lord Chancellor and Sir Nicholas White, Master of the Rolls ; directing the cancellation of the letters patent, granting to Sir Thomas Perrot the office of Master of the Ordnance. — Dublin Castle, last of Feb- ruary, 1589. William FitzWilliams. Elizabeth R. 18. The Queen to the Lord Deputy and the Lord Chancellor; directing a lease in reversion to be made to William Bathe, of Dromconragh, of lands of the value of £20 a year, "in considera- tion of certain lands having passed away from his father by general warrant, which should have otherwise come to him." — Dated, Eich- mond, October 14, 1589. Membrane 13. 19. The Lords of the Council in England to the Lord Deputy : — "After ourhartyoommendations to your good Lordship ; whereas Robt. Legge hath repaired hither of late to become an humble suitor unto her Majesty, and to us, for that he having a deputation from Richard Colman, her Majesty's Remembrancer in the Exchequer of that realm, irrevocable, unless upon such cause of misdemeanour as by your Lordship and the rest of the Council there he should be thought unfit to exercise that place ; notwithstanding he hath of late been removed from the same ; for as much as her Majesty hath 1589.J CHANCERY, IRELAND. 191 received yery credible information that he, the said Legge, hath 3» carried himself very dutifully and painfully in the exercise of that Elizabetli. ofiRce, and had especial care to recover such debts and arrerages as were due to her Majesty, being also thought to be a very fit and sufficient man to execute the said office ; we are, therefore, to let your Lordship and the rest understand her Majesty's pleasure, in respect of the dutiful pains this Suppliant hath taken heretofore, and the good opinion that is conceived of his sufficiency and ability to dis- charge that office, that he shall be restored and continued, according to the deputation and assignment made unto him, in his place, again to use and exercise the same in all respects as heretofore he hath done, and in as large and ample manner as the same is granted unto him ; and that hereafter he may not be removed from the ex- ercise of the office, unless it be upon special cause of misdemeanor, whereby he shall be adjudged not to be worthy to hold the same by your Lordship, or other Deputy that shall succeed you, the Lord Chancellor, theVice-Treasurer,and the Chief Baron for thetime being." Postscript : " we think it meet as we have written in the favor of Legg, that he be warned by your Lordship to be of good behaviour towards Richard Colman, as reason is he should be, serving under- neath him." Ghr. Hatton, Cane. H. Hunsdon. T. Buckhurst. W. Burghley. H. Cobham. J. Perrot." J. Wolley. J. Portescue. — Gremmch, March 2, 1589. Elizabeth R. 20. The Queen to the Lord Deputy and the Lord Chancellor; directing a lease in possession or reversion to be passed to Anthony Hungerford of lands of the value of £20 a year, with th% next office or Captaineship of any band of footmen which shall happen to fall vacant.— .iiw^. 20, 31°, 1589. 21. The Lords of the Council of England to the Lord Deputy and the Lord Chancellor ; directing them to respite the recognizance in which Sir Henry Puke and Henry Moore bound themselves in the sum of £2,000 for the personal appearance of Francis StaiFord, on the first day of the then ensuing Easter term, "in consequence of his absence in England, and being impotent and lame, he was unable to travel upon the soddaine." Signed, W. Burghley. James Croft. T. Heneage. H. Hunsdon. Fra. Walsingham. J. Perrot." J. Wolley. J. Fortescue. •—Greenwich, March 24, 1589. Membrane 14. 22. Petition of Richard Kinwelmerish to the Queenj alleging that during the government of the late Sir John Perrot, the office of 192 PATENT AND CLOSE ROLLS, [1589, r • ^* V. Scleral clerkship of the markets was revived and conferred onhim, in consideration of his service in having attended the several Gover- nors in their journeys and hostings, with men and horses, without entertainment for nine years ;. his patent requiring confirmation, peti- tioner prays her Majesty, for redress of many enormities of the state committed by all sorts of artificers, to grant him the office for life, with aufjhority to keep a toll book, and to redress the abuses in horse coursers, aquavite makers,, and such enormities appertaining to the charge of clerk of the ma.rket,(a) Petitioner also prays for a lease of so much of the concealed lands as should amount to £40 a year, and undertakes "dayly to pray to God for the prosperous preservation of her Majesty in health, with encrease of all princely honor and happy felicity, long to live and reign over us." — Ap- pended is a notification that her Majesty was pleased to grant him the oflice, with the authority desired, and a fee of £10 a year out of the profits of his office, during his good behaviour. — No date. Signed, Daniel Rogers. 23. The Lords of the Council of England to the Lord Deputy; direct- ing a surrender to be accepted from Richard Kynwelmershe, of the office of clerk of the market and fairs, and to re-grant the office to him, with authority to reform divers inconveniences and abuses, which, in consequence of the insufficiency of his former patent, he was "fain to leave unreformed." — Richmond, Jan, 23, 1589. Signed, Jo. Cant. H. Hundson. Jamys Croft. Oh. Hatton, Ganc. Cobham. Pra. Walsingham. W. Burghley. J. Buckhurst. J. Perrot. C. Howard. T. Heneage. J. Wolley. Elizabeth R. 24. The Queen to the Lord Deputy and the Lord Chancellor; directing a lease to be made to Edmond Barret of concealed lands of the value of forty marks a year ; To be held in fee-farm by fealty and free socoage. — Nonesuch, July 5, 1589, 31°. (a) Fairs and Markets. — In a Parliament held at Dublin 7° Hen. YI., A.D. J 429, was passed the following unpublished statute: "Lilcewise in as much as divers Irish enemies of our Lord the King, levy, raise, and hold amongst them different fairs and markets, and sundry merchants, liege Englishmen, go and reppir to the said fairs and markets, and some send their merchandize to the said enemies by their people .called Laxmen, and there sell and buy divers merchandizes and things vendible, - whereout the said enemies talse great customs and benefits to their great profit, and tlie depression of all the boroughs and trading towns of this land, and of the liege subjects of the same land; It is agreed and established that henceforth no manner of merchant, nor any other liege person, shall go or resort, in time of peace or of war, to any manner of fair, market, or other place among the said enemies, with merchandize or things vendible, nor send the same to them, wiless it be to redeem smne prisoner from them, who may be the King's liege man ; and if any liege man do the contrary of this ordinance, let him be held and adjudged as a felon of our Lord the King — Statute Roll, Rolls Office. 1590.] CHANCERY, IRELAND. 193 Membrane 15. 3* 25. Exemplification of a charter made by Richard FitzElice to Elizabeth. the Bishop of Ossory and his successors, and Owen of Clonmer, of a right of common in his wood of Atherlaneport, so that they might have all necessaries in the wood, as well for sale as for fuel ; and common of all his waters to fish with nets ; To hold in pure and perpetual alms. — Kilkenny, May 10, 46° Edward III. Elizabeth R. 36. The Queen to the Lord Deputy, directing that the pension of 5*. a day usually paid to Francis Berkeley should be discontinued in consequence of his having obtained a grant of a Seignory near Askeatinge, in Munster j and that the pension should be distributed in the following manner, viz., 2S. to Captain Francis Stafford, 28. to Captain Giles Cornewall, and is. to Gerald Byrne, of Ballyhorsy, in the Byrnes' country. — April 10, 1590, 32°. Elizabeth R. 27. The Queen to the Lord Deputy, directing a pension of 2s. a day to be granted to Captain Thomas Woodhouse, in consideration of his lengthened service and of his having been discharged of his band of footmen without receiving any compensation. — Jan. 13, 1587, 30° Membrane 16. 28. Release of errors in a recovery of " entr^ en le poste," suffered by John Dutton and Ralph Grymesditch against Edward Echingham, of the town of Donbrodye, and all the lands, tenements, and here- ditaments of the late dissolved house of Donbrodye, in the county of Wexford, and the lordship thereof : (containing the names of the castles, towns, and villages within the lordship and barony.) — May 6, 1578, 20°. 29. Lease made by John Dutton, of LyncoUes Inn, in the county of Middlesex, and Ralphe Gremysdiche, Customer of the city of Dublin, to Sir William Drury, Lord President of the province of Munster and Lord Justice of Ireland, of the site, circuit, and precinct of the late abbey of Donbrody, with all its possessions, spiritual and temporal; To hold for 1,000 years; rent, 6s. — N'ov. 14, 1578, 20°. 30. Acquittance of James Crofts, the Right Honourable Henry Lord Wentworth, administrator of the goods and chattels of Thomas late Lord Wentworth, father of Lord Henry, Henry Bromley, ex- ecutor of Sir Thomas Bromley, late Lord Chancellor of England, and Lady Margerie Wylliams, of Thame, administratrix of Sir William Drury, now wife of the said James Crofts, of the sum of £400, received from Sir Nicholas White, for the possessions of the late dissolved abbey of Donbrody. — April 20, 1587, 29°. 31. Another acquittance of the sum of £400 by the parties, and concerning the abbey in the preceding article mentioned, — July 8, 1588. 30°. VOL. II. 194 PATENT AND CLOSE ROLLS, [1590. 3* 32. Testimonial extracted from the registry of marriages solem- Elizabeth. nized in the town of Blyeklyng, in the county of Norfolii, in the diocese of Norwich, Deanery of Evigworth, and Hundred of South Apingham : " Mr. Edward ItcLingham and Mrs. Elynor Paston were married here the 23rd day of June, in the year of our Lord 1567. — Extracted out of the register by me, Nicholas Hewet, parson of Blyckling, who did solemnize the said marriage ; and that this is a true note ex- tracted out of the said register, we, the churchwardens of Bryck- ling Church, witness." Eobert Shales' + mark. John Lawes' -|- mark. Membrane 17. 33. Conveyance whereby Henry de Montmorency, Marshal of Ireland, Seneschal of the entire dominions of Earl Richard, son of Gilbert, Earl of Pembroke, granted and conveyed to Saint Mary and Saint Benedict and to the abbot and monks of Bildewe8,(a) the lands of Artfihcurthi and other lands; To hold for ever in perpetual alms j with all liberties and free customs j freely and quietly, honorably and entirely, in land, moor, plain, meadows, pastures, pools, mills, fisheries, woods, ways, and paths ; with licence to hold a free court to try their malefactors and offenders ; and if any one should exact from them any secular exaction, it should be remitted. Licence to buy and sell all necessaries in the lord's market-place, and to cat timber in all his woods for their houses. Witnesses, Joseph, Bishop of Weisefort. Jurdan, the Canon. Felice, Bishop of Ossory. Richard, the Priest. Augustine, Bishop of Waterford. Gilbert, the Constable. Hugh de Lacy. Elia Ketinge. Hugh Tirell. And others. (a) Bildewas, in Shropshire, England ; for the purpose of erecting an abbey for monks of the Cistertian Order. In 1 1 8a the abbot and monks of Bildewas made a cession to the Cistertian Abbey of the Blessed Vu-gin Mary, at Dublin, of the whole right and claim which they possessed by the grant of Harvey, over the new foundation of Donbrody; and John, Lord of Ireland, in the lifetime of his father, confirmed Harvey's grant. floms's Collect. MS., vol. i. In 1496 Walter, Earl of Pembroke, confirmed to the Abbey the grants of Harvey and Earl Richard, namely, Artchiphiniehe (Archsiheny) and Croscormack the grove near the water, and a stretch of land along the river, called Kempull to the torrent which runs from the south and falls into KempuU at Malpas, and from Malpas by the way leading to Tachmon. The Earl also granted to the monks the lands of Kalatrum, Cusdufte, Eathcron, Conlath, Tyrbegan, Lisculenan, Tyri- goneran, Kullesoard, and Ballygone, and so on by the tori-ent which runs from Ballyroe westward and Drumculpe : the same torrent to be their bounds as it falls into the water of Banna ; and he further granted the lands of Duucanon and Dunbrothy; they to enjoy the same, with their churches, chapels, and free customs. 1590.] CHANCERY, IRELAND. 195 Elizabeth R. 31 34. The Queen to the Lord Deputy; apprizing them that she had Elizabeth, been informed that Sir Nicholas Bagnall, Marshal of the Army, through age and infirmity, though not of mind or body, had become unable to execute his oflSce according to his own desire; and consi- dering how necessary it was that service of such importance should not be unserved, and as Sir Nicholas himself was desirous of sur- rendering the office, her Majesty directs the Lord Deputy to accept his surrender, and to appoint his son. Sir Henry, to that office and also to the office of one of the Privy Council ; her Majesty also directs Sir George Carew, Master of the Ordnance, to be admitted one of the Privy Council. — Manor of Otelands, Aug. 25, 1590, 32°. Elizabeth R. 35. The Queen to the Lord Deputy; directing a lease to be made to Sir Richard Grenvile for 40 years of the abbeys of Gilly and Permoy ; and also directing a grant to be made to Sir Warham Saint Leger of certain lands which were mortgaged to him by the traitor, Desmond, before he entered into the late rebellion ; reserving the castle of Carrygrohan and all its tenures and escheats due to her Ma- jesty, in consequence of certain lands of the undertakers having been appointed to be held of it ; and in consideration of his repairing the ruined walls of the castle and building a house within them, her Majesty directs the custody of it to be confided to Sir Warham-. — April 22, 1589, 31°. Membrane 18. 36. Deed of gift from the Lord of Howth to his son : — " Be yt knowen to all men by thies presents, that I, Sir Xpofer St. Laurence, Lord of Howth, do by these presents give all my goods and chattels, as well moveable as immoveable, to my son. Sir Nicholas St. Laurence, knyght ; to have and to hold all the said goodes and chattels to my said son, his proper use and behoof ; provided that yf I, the said Sir Christopher, shall hereafter be by any manner of means disposed to alter this gyft in part or in the whole, that then this gyft, or any thing contained therein, to be of no effect, nether of any force. Dated this 20th of September, 1589." And in witness whereof I have put my seale and subscribed my name. ~ Christofer, Howth. Present at the perfection of these presents thos whos names ensueth. Richard Hanlon -j- his marke. Thomas + Hanlon his mark. 37. The Queen to the Lord Deputy and the Lord Chancellor; directing a lease in reversion for 31 years to be made to Robert Boatock of the house and lands of Castle Riccard ; and in the event of the castle and lands having been passed to any undertaker, her Majesty directs that a lease be made to him (Bostock) of lands of the value of £40 a jea.v.—N'onemch, July 6, 31°. VOL. II. 2 196 PATENT AND CLOSE ROLLS, [1590. 3» Elizabeth B. El izabe th, gg_ rpj^^ Queen to the Lord Deputy concerning Lady Stanley; " Understanding that the Lady Stanley, wife to that notorious and unnatural traytor, Stanley, pretending tytle to some portion of land in that our realme, which is in the hands of our servant, Sir Walter Ealeigh, hath commenced suit against him for the same ; for as much as we consider how inconvenient it is that either the said tray- tor's wife, or any of his favorers, should in any way receive coun- tenance .... considering the terms he standeth in, being attainted of treason, and that we understand also of his continuance in evill practices against us and our state, in thies doutfuU and dangerous tymes ; we have thought good, and hereby we will and command you, onr Deputy, and all other our officers in that our realm to whom it doth or may appertain, although we presume our servant Ealeigh hath sufficient meanes by such estate as he hath in the lands whereunto title is pretended, to defend and maintain his interest therein by law against t{i6 Lady Stanley, that ye pre- sently take order for staying any such suit already commenced or hereafter to be commenced by her or by any other person for her, either for lands or for any other matter between our servant and her, until we shall signifie our further pleasure in this behalf ; not that we mean to barr any our good subjects from the due course or benefit of our laws, but upon such special occasion as is given us, yt becometh us to restraine the favorers of so notable a traytor." Greenwich, April 10, 1590, 3-2°. Membrane 19. 39. The Lords of the Council of England to Sir William Fitz- Williams, Lord Deputy, and the Lord Chancellor. "After our herty comendations ; whereas George Wackley, in behalf of himself and his two brethren, John and Christopher, hath complained unto us of the insufficiency of her Majesty's letters patent granted to his father, John Wackley, of the spiritualities of the monastery of Saint Mary of Louth, in the county of Louth, with other things, in con- sideration of his service done to her Majesty's noble progenitors, as well for that there are not so many parcels thereof contained in the patent as in the survey, for which nevertheless they pay rent, as we are informed, as also for that they pay double rent for one thing, by reason the later lease comenceth before the expiration of a former grant to his father, which is yet unexpired, as he allegeth, and so loseth the benefit of these years ; for as much as the deciding thereof properly appertaineth unto you, we have thought good to pray and require you to cause the matter to be duly examined, and to do therein according to justice and equity, and as in such cases you are accustomed, that we may be no more troubled therewith ; and 80 we comitt you to God. Your Lordship's very loving friends." Jo. Cant. H. Hunsdon. T. Heneage. Chr. Hatton, Cane. Cobham. J. Wolley. W. Burghley. J. Buckehurst." — Greenwich, June 14, 1590. I590.] CHANCERY, IRELAND. 197 William PitzWilliams. 3» 40. The Lord Deputy to all her Majesty's ministers and loving Eli zabet h, subjects; concerning the Deanery of Perns. "Whereas we have of late bestowed the Deanery of Perns upon William Campion, a learned preacher, which was before unlawfully possessed by Walter Tumor, a mere lay man, altogether incapable of such dignity or spiritual promotion, who also, as we are credibly informed, is of late, for great and weighty causes, justly and lawfully deprived of the said deanery, ^^'■"'^ whereby the dignity in the right of her Majesty resteth in our free donation, which we have bestowed upon the said Campion ; for as much as we are to maintain him in the quiet and peaceable posses- sion thereof, with the fruits and profits thereunto belonging, these are therefore to will and require you, in her Majesty's name, straightly to charge and command you, and every of you to whom it shall or may appertain, to aid, assist, and defend Campion in the quiet possession of the deanery, with the fruits, profits, and per- quisites thereunto belonging, until he shall be lawfully evicted from the same by due course of her Majesty's laws or direction given from us to the contrary." — Dublin, Oct. 9, 1589. 41. Conveyance whereby Walter de Lacy gave and granted to Philip de Angulo, for his homage and seryice, the entire land which Wolareh O'Roric held in Bresih, to wit, from Lochoheter to the midst of the Shannon, and from Clenasurche as far as Slefarr- beri on one side, and Apaeworan in Locheren, as far as Slescarbri on the other; namely, Moniterbles, Morniss, Moniterkinet, Kino- lochan, Tellach, Donekhet, Calvach, and Culkervikedin ; To hold freely and quietly, fully and entirely, honorably and peaceably, in wood and plain, in pastures and in feedings, in moors and marshes, in paths and ways, in waters and mills, in churches and chapels, with all other liberties and customs to the lands belong- ing ; and William de Lacy undertakes to build three stone castles for the use of De Angulo, and afterwards, when the lands shall have been farmed, De Angulo will render the service of three knights for all service, exactions, and demands. Witnesses, James, Legate and Penitentiary of the Apostolic See, then in Ireland. Geoffry de M^riscal, Justiciary of Ireland. Philip de Prendprgast. William Pitz William, Baron of Naas. Nicholas PitzLeon, Seneschall of Meath. Master Gerard, of Kensae. — J!^o date. Elizabeth R. 42. The Queen to the Lord Deputy concerning the White Knight: — " You shall understand that upon very credible information given unto us by the most of our principal ministers and servants that ipS PATENT AND CLOSE ROLLS, [i590-- 3* have either governed^r otherwise served us these many late years in Elizabeth. Ireland, of the faithful, painful, and dangerous services done unto us, specially in the late rehellion of James FitzMorice, and the late attainted Earl of Desmond, by Edmond EitzGybbon, usually called ' the White Knight,' and in consideration, also that his father's lands, to which be was inheritable, were, by some hard construction of law, though justly, seized for us, and by us granted to his son now called Edmond Gybbon, in lease for years ; we are, at this present time, upon his most humble suit and offer of service to the uttermost of his power in all loyalty, contented that he shall have to him, and the heirs male of his body, all such lands and chief rents whereof his father was seized or possessed, being escheated to us, or that hereafter may be found to have escheated unto us by his father's attainder ; To have to him, and the heirs male of his body ; reserving to us, and our successors, such rent as hath been already by any inquisition found due for the same, or that upon survey shall be hereafter thought reasonable to be reserved, in a manner favorable for his better maintenance to live upon ; and to hold the same of us and of our crown by some portion of knight's service, or by such other service as the same lands were held before his father's attainder; wherefore, we will and command you, our Deputy and our Chancellor, by the advice of our learned counsel, to cause a grant to be made in good form of law, under our great seal to the said Edmond EitzGybbon, commonly called the White Knight and the heirs male of his body, by such tenure and rent as afore is mentioned, of all the lands and rents with their appur- tenances that any wise did belong to his father, not already granted by us to any other, in any state of inheritance ; and further, upon surrender of his lease, he shall be acquitted of all arrerages of rent, if any be due by him, upon a former grant made to him at any time heretofore ; and be it remembered that at the next Parliament he be restored in blood j whereunto we have now consented." — Otelands, Aug. 9, 1590, 32°. Membrane 20. Elizabeth R. 43. The Queen to the Lord Deputy, concerning Sir Chrifetopher Hatton, Lord Chancellor of England, and Gerald EitzJames Fitz- Gerald: — "Whereas in the distribution of the attainted lands in Munster among the undertakers, the barony of Aughmean and the lordship of Cappoqnin, with other parcels in the country of the Dessees, in the county of Waterford, were allotted to our well be- loved Sir Christopher Hatton, our Chancellor of England, the parti- cular names whereof remain of record in the rolls there, whereunto there is a continual claim made by one Garrett Pitz James Fitz- Garrett, heir male to tlio Viscount of the Dessees, notwithstanding an office found thereof to our use, and a judgment given thereupon by the Chief Justice of the Common Pleas, and his associate com- missioners for deciding those titles in Munster j and whereas,-further,- the said Garret FitzJames is disturbed in the possession of certain 1590.] CHANCERY, IRELAND. 199 other lands in the same county, namely, in the barony of Comragh, 3a whereof no oflSce hath hitherto been found, and of which the ancestor Elizabeth. of Garrett PitzJames had possession for a long time : for as much as we are informed, that the said Garrett is content to make an estate to us, and surrender all claim to the first parcels found by otfice, and granted by us to the Lord Chancellor, upon coudition that he shall not be hereafter disturbed in the barony of Comragh, and other lands in his possession ; our will and pleasure is, and we hereby give you authority to take a surrender from Garrett, and all feoffees seized of any estate in the barony of Aughmean, the lordship of Cappoquin, and other parcels contained in our letters patent, with this intention, that the same shall be again granted to Sir Christopher Hatton ; and if Garret will also surrender the barony of Comragh, and the other parcels of land not found by office, you then shall accept the surrender, and grant letters patent, to him and ,his heirs, of the parcels so by him surrendered ; foreseeing that there pass no words to hinder our prerogative of general hostings, or of the composition intended to be made upon the province of Munster, as already in Conaught." — Greenwich, April 9, 1590, 32°. 1 ^4. Commission to Oliver, Baron of Louth, and Patrick Barnewall, of ©racediewe, to receive from Sir Nicholas Sagnall a surrender of the bflBce of Marshal of the Army of her Majesty's soldiers and men of war, and the letters patent, dated 4th July, in the eighth year of the reign of Queen Elizabeth, granting to him that office. — Oct. 14, 32°. 45. Surrender by Sir Nicholas Bagnall, of the office of Marshal of the Army; finding himself enfeebled by infirmity of age — 20th Octo- ber, 33°. — Memorandum of Sir Nicholas, having sealed and delivered his resignation into the hands of Sir Patrick Barnewall, and of its having been delivered into Chancery on the 14th October, in the thirty-second year of the reign of the Queen. Membrane 21. 46. Letter of attorney, whereby Edmund Martell of Trim, and Agnes his wife, nominate William Baly of Trim, their attorney, to put Laurence White in possession of certain messuages in the town of Trim ; a messuage in the town of Newton, near Trim ; a mes- suage in Ratouth, and two in Duleeke, in the county of Meath ; a messuage and 30 acres of arable land in the Drinam ; and a messuage and 6 acres of arable land in Balvineston, in the county of Dublin — Sept. 1,19° Henry VII. 47. Depositions of witnesses taken before Sir Thomas Cusake, Master of the Bolls, at the request of Patrick Martell, of Trim, merchant, ad perpetiiam rei memoriam, the last of December, in the twenty- eighth year of the reign of King Henry the Eighth, to the interro- gatories following, viz. : — " Whether Edmond Martell did enfeoff' Sir Laurence White, late Prior of Saint John's, beside Trim, in all 20O PATENT AND CLOSE KOLLS, [1590. 3» the lands he had in Trim, the Newton and Bathtowth 1 Whether Elizabeth, livery and seisin were made to Sir Laurence : by whom and where ? ' Whether the intent, consideration, and meaning of the said feoflfment were declared, and whether by words or writing 1 Sir Laurence White, late Prior of Saint John's, saith, that Edmond Martell and Agnes, his wife, by their deed, dated ist September, in the ninth year of the reign of King Henry the Seventh, did enfeoff him in all the lands in the interrogatory mentioned: that one William Haylie, attorney of the said Edmond and Agnes, " did take up a clod of earth on the lands in Trim, and delivered it to deponent with these words, 'I deliver livery and seisin to you. Sir Laurence, and your heirs, according to the effect of this deed ;' and having read the deed, he delivered livery and seisin to deponent, in the Newton, Eathowthe, Dowleke, Balveston, and in Dryname." Edmond and Agnes were present when livery was so made and declared ; and the purpose and consideration of the feoffment was that deponent should be seized of the premises to the use of the said Edmond and Agnes, and the heirs of their bodies. Signed, Thomas Cusake, Master of the Bolls. 48. Conveyance whereby John White of Bayston, son of Nicholas White of Ratowthe, son and heir of John White of Brownston, brother and heir of Laurence White, chaplain, gave and granted to John Martell of Trim, a messuage in the Newton, near Trim ; a messuage in Batowth j two messuages in Duleeke, in the county of Meath ; a messuage and 30 acres of arable in the Drinam ; a mes- suage and 36 acres arable in Balvenston, in the county of Dublin ; To hold to the said John, son and heir of Patrick Martell, son and heir of Edmond and .Agnes Martel, of the chief lord of the fee, by the service thereout due and of right accustomed. — Nomination of William Tirrell of Trym, attorney, to deliver seizin and possession of the lands to John Martell. — March 20, 16° Elizabeth. Patent Roll, 33° Elizabeth, 1591. Membrane i. I. Lease to John Parker of the site, circuit, and ambit of the Priory of Duleeke, in the county of Meath, a garden, a park, sixteen acres of arable land in the field called Carrickbroger, twenty acres in Arborsbushe, three acres in Langanaw, eight acres in Westery park, eight acres in the nortli part of the same field, eight acres on the north of the common of the town of Duleek, called the Common Green, one pasture called Castle Coll, containing twelve acres of furze and pasture ; another pasture called the Cow Parke, containing four parks ; another mossy and watery pasture contain- ing four acres, a meadow near the site of the priory containing 10 acres, and other lands and possessions of the priory ; reserving to her Majesty all woods, underwoods, and mines; sufficient hedgeboot, I59I.] CHANCERY, IRELAND. 201 ploughboot, fireboote, and carlboot, to be expended upon the premises 33 and not elsewhere, excepted ; To hold for thirty years after the ex- Elizabeth, piration of several existing leases of the premises. Parker covenants not to exact coyne, livery, or any other Irish exaction, and to keep one able horseman of English nation sufficiently armed for defence of the realm. Signed, T. Sussex. Jo. Plunket. W. Pitz Williams. H. Dublin, Cane. James Bath. — Delivered into Chancery, May 8, 6° Elizabeth. Membrane 2. 2. Indenture whereby Henry Billingsley of Kilfenny, in the county of Limerick, for the purpose of accomplishing her Majesty's design of inhabiting and peopling the province of Munster with English loyal subjects, constituted and appointed John Bennet, son of John Bennet, late of Pylthouse, in the county of Wilts, a free- holder of his Seignory of Kuockbillingslie, and granted to him the village and lands lying southward from the mountain of Knock- feryne and within the Seignory of Kuockbillingslie, commonly called KiUatur, with all woods, waters, pastures, and commons ; To hold for ever as of the liberty or seignory of Kuockbillingslie, by fealty in free and common socoage. — Ifov. 3, 32°. 3. Letter of attorney whereby Henry Billingsley of Kilfenny, in the county of Limerick, nominates John Wyatt to deliver seizin and possession of the lands in the preceding article mentioned to John Bennet. — N'ov. 6, 32°. Memorandum of possession of the lands having been given to John Bennet.— OcC. 18, 33°. Membrane 3. 4. Grant to Sir Richard Grenevile, knight, and his heirs male, of the site, circuit, and precinct of the monastery of Permoy, otherwise Parmoy, containing 3 acres, the stone walls of the church which was the parish church of the monastery, a vault, two chambers, a close, a garden, a messuage, six cottages, a parcel of land called Garrinla, Ardevalligg, Aghavaneste, Kilcroige, Cowlevalentervenosige, Kilval- lentervenosige,Poroghmore, and other lands, containing by estimation 340 acres arable, 160 acres pasture and mountain, 40 acres of wood, and underwood, all parcel of the possessions of the said monastery. The site, circuit, and precinct of the monastery of Autre Saint Finibri, otherwise Gilley, containing four acres, in which are a church, a belfry, several stone walls uncovered, and a cemetery ; three gardens, a close, a mill, two weirs for taking salmon called Corringraghine and Cor- nockowvoge, 40 acres of arable land, 20 acres of pasture called Balligagin ; the townland of Kilmoney, in the country of Kerry- 202 PATENT AND CLOSE ROLLS, [1591. 33 ourhie, containing 120 acres arable, 140 acres pasture, and several Elizabeth, other lands and islands, all parcel of the possessions of Gilley Abbey, in the county of Cork ; To hold to the said Sir Eichard Grenevile and his heirs male, by military service, that is to say, by the service of one knight's fee as scutage runs. — Dublin, June 26, 33°. In Dorso. Membrane i. 5. The Queen to the Lord Deputy and the Lord Chancellor ; directing a grant to be made to Teige M'Dermod M'Carty of the castle and lands of [Downeraoenwye], in the county of Cork, in consideration of the favorable report made of him to her Majesty by Sir Walter Baleigh [obliterated]. — July t8, 1590, 32°. 6. Sir William Burghley, Secretary and Treasurer, one of the Lords of the Council of England, to Sir WiUiam PitzWilliams, Lord Deputy. "After my very harty commendations to your Lordship ; whereas it hath pleased the Queen's Majesty to extend her grace and favor to this gentleman, the bearer hereof, Teige MacDermot M'Carty, so far forth as to grant unto him and to his heirs male, the town, castle, and lands of Downmoenwye, in the county of Cork, as in her Majesty's special letters written to you in this behalf more at large appeareth; I am to let your Lordship understand that her JHighness, the more to show her princely consideration towards him in respect of his good ser- vice and loyalty, for which he hath been much commended, and in the hope of the continuance of the same, is very pleased that in the grant which is to be passed unto him he shall be charged but with the service of [ten] footmen, and with a rent of forty shillings sterling by the year, besides the tenure of knight's service ; of which her Majesty's pleasure your Lordship is to tike knowledge, for in her letters directed to you there is mention made of new arrenting the lands by a new survey, without any certain rent first named, which her Majesty's pleasure is now as shall be as is aforesaid. I very hartely byd your Lordship farewell. From Greenwich, the 25th June, 1590. " Your Lordship's very assured friend, " W. Burghley." Memhrane 2. 7. The Lords of the Council of England to the Lord Deputy; " Whereas Thomas Finglasse of Waspaleston, gentleman, now living in France, committed the charge of all his lands and goods to the hands of his brother, Joliii Finglasse ; we have thought good hereby to require your Lordship that he, the said John, shall be permitted with all favour to continue the possession of the premises accord- ingly ; aijd that neither he or his brother be dispossessed thereof but by due and ordinary course of law; and withall if they happen here- after to be, upon any lawful occasion, seized into her Highness' I59I-] CHANCERY, IRELAND. 203 hands, that then John Finglass, now her Majesty's servant, in con- 33 sideratiou of his dutiful and willing disposition in her Majesty's Elizabeth. service, may have the custodiam of the lands granted to him during the ahsence of his brother, at a reasonable valuation. We bid your Lordship heartily farewell." W. Burghley. Jo. Parrot. Jo. Wolley. Era. Walsingham. James Croft. T. Heneage. H. Hunsdon. — Nonesuch, August 11, 1589. Elizabeth R. 8. The Queen to the Lord Deputy and the Lord Chancellor; directing a pension of two shillings and six pence a day to be granted to William Moston, one of her Majesty's captains serving in Ireland. — Nonesuch, July 16, 31°. Elizabeth R. 9. The Queen to the Lord Deputy and the Lord Chancellor, directing a grant to be made to Thomas Elemyng of Syddan, in the, county of Meath, of lands of the value of £30 a year. — Nonesuch, July 6, 1589, 31°. 10. The Lords of the Council in England to the Lord Deputy; " Whereas Hugh Cuff hath made a surrender to her Majesty of certain lands in the province of Munster, late the inheritance of Thomas M'Shane M'Morice, otherwise Thomas ne Scarty, which amongst others were granted to the said Cuff as an under- taker, and were amongst other lands of the rebels of Munster granted to her Majesty by act of parliament; her Majesty is pleased in respect that the said Thomas M'Shane, as by good proof is certified, was not in the action or partaker of that rebellion, that his lands should be granted under the great seal to Ellen Fitz- Edmond Gibbon, wife of William Power, son of Peirse Power, and to her heirs, being next and lawful heir to the said Thomas ne Scarty, as by her Highness' warrant unto your Lordship, and the surrender made by Cuff, and an order set down by us how the same is to be done, shall more particularly appear unto you ; for as much as the said William Power hath sustained great travail and charges in soliciting aod following the suit of his wife to her Majesty and us a long time, and hath done very good and faithful service to her Highness, we have thought it convenient as well for that we are informed that the said Ellen is without kindred by her father's side to whom her Majesty's grant should be commodious or beneficial, as also for the better encouragement of her husband to continue his dutiful service, to pray your Lordship to take order that the grant that shall pass from her Majesty of those lands may be to . . . and his wife, and the heirs of their two bodies lawfully begotten ; and for lack of such issue, to the heirs of the body of . . . . and in default to the said William Power and his heirs which he 204 PATENT AND CLOSE ROLLS, [1591. 33 shall lawfully beget on the body of any woman being .... Elizabeth, nation; remainder to the Queen, her heirs and successors for ever- more ; and so we bid your Lordship heartily farewell. Your Lord- ship's Tery loving friends. Jo. Cant. J. Buckhurst. J. Wolly. H. Hunsdon. J. Perrot. C. Howard. T. Heneage. W. Burghley. James Croft. Chr. Hatton, Cane. Prans. Knollis. J. Portescue." Membrane 3. 11. Commission directed to Qeffry Penton, Chief Secretary, and one of the Privy Council ; Edward Waterhouse, Esq., of the Privy Council J Ambrose Porthe, Doctor of Laws, Master in Chancery; John Ball, Esq., Master in Chancery ; Richard Bellings, Solicitor- General ; Sir William Sarsfield ; William Sutton of Tipper ; John Alen of Saint Wolstan's ; Christopher Platisburte of Johnston ; and Peter PitzJames, to ascertain what lands in the county of Kildare belonged to the crown by Act of Parliament, or by the death of any person or persons; their value, and of whom held. — Dublin, July 24, 25°. 12. Inquisition taken at Naas, in the county of Xildare, the 9th October, in the twenty-fifth year of the reign of Queen Elizabeth, in pursuance of the preceding commission, finding that John Ewstace, late of Castlemarten, in the county of Kildare, was seized in his demesne as of fee of several castles, manors, and lands in the counties of Kildare and Dublin, and being so seized, enfeoffed William Pepard of Loweteston, and James Ewstace of Clongoeswood, in the county of Kildare. (Here follows a copy of the feoffment.) And the jurors further find that John Eustace, being seized in his de- mesne as of fee of the lands mentioned in another feoffment, enfeoffed Peter Wall and Walter Pynnan. (Here follows a copy of the deed.) And the jurors further found that the said John being of sound mind, made his last will with a codicil thereto annexed, signed and sealed. (The tenor of which follows also in the original). He bequeaths his soul to his Saviour, and his body to be buried in a Christian grave ; directs that his wife shall have, duringher life, a por- tion of all his lands and tenements ; that his feoffees shall stand seized of the rest of his lands in trust for the use of his eldest son and heir, and to pay £100 sterling a year to his daughters until they shall have received £200 each; he leaves to his brother, Anthony of the Newcastel, the portion of his daughter Anne: after various other bequests, he leaves to his wife, one silver gilt salt, weighing nine ounces, for her own use during her life, and to his eldest son after her decease ; to the proctors or churchwardens of the church of Kildare 20s., for the use and maintenance of the church, and a simi- lar sum to the church of KilcuUen ; to the Lord Viscount of Bal- tinglass 40s., for the maintenance and reparation of the new abbey 1 59 1. J CHANCERY, IRELAND. 205 beside the bridge of Kilcullen. By a codicil lie directs that his 33 son William shall be his heir ; remainder to James Eustace, and his Elizabeth. heirs ; remainder to Alexander, and his heirs ; remainder to Edmond and his heirs ; remainder to right heirs of John the testator. The jurors further found that the will was duly proved, and administra- tion granted to Elizabeth Peppard, otherwise Eustace, by the Me- tropolitan Court, Dublin. — Naas, Oct. 9, 20°. Membrane 4. Elizabeth, Regina. 13. The Queen to the Lord Deputy and the Lord Chancellor; informing them it had been ascertained that her Majesty was indebted to Sir Edward Waterhouse in the sum of £411 17s. for victuals had of him in the time of the service of the late Earl of Essex ; in discharge whereof her Majesty directs that he shall have a grant of lands amounting to the value of £20 a year ; To be held in fee-farm. — Nonesuch, July 5, 1589, 30°. Membrane 5. X 4. Interrogatories in the controversy between the Clerk of the Hanaper, complainant, and the Master of the Rolls, defendant, touching the fees of the office of Clerk of the Crown and Hanaper. " Whether Walter Plunket, deputy to complainant, delivered to the Master of the Rolls any sums of money by him received as fees for patents and writs that passed the great seal, and what those sums amounted to % Whether he delivered the same money to the Master of the Rolls, as fees or perquisites that he knew to be due to the office, or upon what other cause or occasion ? Whether the Clerks of the Hanaper and Crown, did by themselves, or their clerks, write all patents, writs, and process to the great seal, and took and received the whole fees and perquisites due for the writing to their own uses, in right of their office ; how long they have so done, and what fees and perquisites did they so receive ?" Depositions of witnesses taken at Dublin, 27th June, 1571. James Ryan of Dublin saith he heard Walter Plunket say that he delivered certain moneys to the Master of the Rolls, but for what cause he knows not ; the Clerks of the Hanaper and Crown, by their clerks, wrote all patents, writs, and process to the seal, both the offices being in one man's hands, that is to say, with Mr. Nicholas Stanyhnrst, and after him with Mr. James Stanyhurst, but in right of what office those patents were written he knows not. They received the whole fees and perquisites of the seal and writing, that is to say, 33s. 4c?. ; whereof 20s. were due to the Queen, 6s. 8d. to the Master of the Rolls for enrolling the patent, the other 6s.^d. they always kept, with themselves, in right whether of the Hanaper or Crown he knows not ; all the rest of the perquisites, save the Queen's part, for aught he knew, the- clerks of the Crown and Hanaper received for their own use ; the cause of his knowledge 2o6 PATKNT AND CLOSE ROLLS, [1591. 33 is that he is one of the Clerks of the Chancery that wrote to the Elizabeth, seals. Laurence Rochforde says that Walter Plnnket told him he deli- vered seven score pounds to the Master of the Bolls at one time ; the Clerks of the Hanaper and Crown during his time, by their clerks, wrote all the patents and writs ; Mr. Nicholas Stanyhurst received the whole fees and perquisites of the seal, viz., 33s. 4^.; whereof 20s. to the prince ; 6s. 8d. to the Master of the Bolls ; and 6s. Sd., he thinks, went for writing the patents ; he also received the perquisites of the writs and profits, but in right of which ofSce he knows not ; the fees were so received since the first of Edward the Sixth, in Stanyhurst's time, in Allen's time, and in the Recor- der's time. John Dillon says that he was apprentice to Mr. Nicholas Stany- hurst, and during his term, which was about 12 years, Mr. Stany- hurst always wrote unto the great seal, and received the fees and perquisites, viz., 334. 4c?., and 4^. for the " Spikirnell :" of the 6s. Sd. for the enrolment, Mr. Stanyhurst kept part in his own hands, for he enrolled the patents ; but what he kept, or what he gave to the Master of the Rolls, witness knows not ; all the perquisites of the writs and such like, Mr. Stanyhurst always kept for his own use, save the seal, which was 6d. Walter Plunket says that he delivered to the Master of the Bolls several sums amounting in the whole to £215 is. gd. : after Mr. Alforde took the office of Clerk of the Hanaper into his own hands, he made deponent his deputy : about midsummer in the eleventh year of the reign of Elizabeth, Alford went into Eng- land, and in February in the same year the Master of the Bolls sent for deponent and told him that he ought to have the whole perquisites of the court, and none should have them or ought to have them but himself, and so said divers times ; in the end the Master of the Bolls made a bill of his hand to save deponent harm- less, whereupon deponent understanding him to be one of the " chiefest ofiicers" of the court, and a sufficient warrant, delivered him the money above mentioned, which the Master of the Bolls affirmed to be a perquisite of his office, but whether the whole be- longed to him or not as a perquisite witness does not know; but he heard Mr. Stanyhurst, and others say, that the Master of the Bolls ought to have a noble W out of every great seal for enrolling, being at the charge of making up the roll. Deponent and his fellows, servants to Mr. Stanyhurst, wrote all the patents and writs, but whether the same was in right of the Master of the BoUs or the Clerk of the Hana- per or Crown, he knows not, but he always understood it to be under the Clerk of the Crown and Hanaper, for one man held both offices. Thomas Copinger says he was servant to Sir Thomas Cusake when he was Master of the Rolls, and he heard Sir Thomas several times say that he ought to have made (nominated) all the officers in the Chancery, save the Clerks of the Crown and Hanaper, and he ap- (a) Noble — see vol. 1 , page 522. 1591-] • CHANCERY, IRELAND. 207 pointed deponent Examiner ; nevertheless, he always saw Mr. Stany- 33 hurst's clerks commonly write to the seal all patents, writs, and Elizabtth. process, and there was paid for every patent 33s. 4c?.; whereof 20s. went to the prince, 6s. 8d. to the Master of the Rolls for enrol- ment, 6s. 8d. to Mr. Stanyhurst for writing, and one groat to him that " made reddie the wax ;" and all the perquisites of writs and process, save the prince's part, went to Mr. Stanyhurst. [On the margin of the roll is entered a vacate of the preceding interrogatories and depositions, signed by the Lord Chancellor Ad. Dublin. — Cane] Membrane 6. 15. The Queen to the Lord Deputy and the Lord Chancellor, in- forming them that Sir Richard Greneville had compounded with the Lord Viscount Roche, Lord of Permoy, for his interest in the abbey of Fermoy, in the county of Cork, for several years yet unexpired ; and her Majesty, in consideration of his good service, is pleased to grant to him, Greneville, and his heirs male an estate of the site and demesne of the abbey, and also the site and demesne of G-illy Abbey, in the county of Cork, at present in his possession; and that the parson- ages impropriate, the tithings of townships, and other towns and vil- lages not parcel of the demesnes of the abbeys should pass only for a term of 40 years. Her Majesty also directs a commission to be directed to the Vice-President of the Province of Munster to hear the requests of Sir Warham St. Leger and Sir Richard Greneville, for such lands as are commonly called " chargeable lands," parcel of the possessions of the late Earl of Desmond, attainted ; to summon before them the parties making any pretence of title to those lands, to hear their claims, and thereupon to decide their titles " to the benefit of Sir Warham St. Leger and Sir Richard Greneville, so far as bylaw and justice it can be done ;" and if the parties who claim the chargeable lands should not be induced to yield to what should be thought right, then the Commissioner is authorized to impanel a jury to inquire of the title of her Majesty, and to order the possession of the lands to the patentees who should be so found entitled by the verdict ; and the Commissioner is required to cause the lands limited to Sir Warham St. Leger to be duly measured, whereby a sufficient grant may pass to him thereof. — Greenwich, March 7, 33°. Elizabeth R. 16. The Queen to the Lord Deputy and the Lord Chancellor, informing them that John Garvey, Archbishop of Armagh, Primate and Metropolitan of Ireland, had been an humble suitor for the remission of his first fruits due for the archbishoprick; her Majesty, in consideration of the singular good report and commendation she had received of his hospitality for the relief of her loving subjects and his painful and true service in the realm, being her most 2o8 PATENT AND CLOSE ROLLS, [1391. 33 antient counsellor, pardons and remits him the payment of Elizabeth. £137 13s. id., first fruits Greenwich, July 12, 32°. Membrane 7. 17. Conveyance whereby John, Earl of Shrewsbury, Wexford, and Waterford, Lord de Talbot, Purnyvale, Strange, and Verdon, Seneschal and Constable of Ireland, granted and conveyed to David Keatinge an acre of land in the Churchtown of Rosklare, and three acres in the great meadow called " le Moche Mede," near Rosklare ; 30 acres in Harpersholdinge, 36 acres in le Stremeton, within his liberty of Wexford ; To hold for ever ; rent, one pound of pepper or two shillings. — May 20, [ ]° Henry VI. Elizabeth R. 18. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in reversion for 30 years to be passed to Rice ap Hugh, Provost Marshal of the Army, of the lands at present in his possession on the borders of Ulster, of the value of £40 or there- abouts. — Bichmond, Jan. 25, 33°, Membrane. 19. Licence to Patrick Corcrane, John Eerrall, Thomas Dowdall, Hugh Roaghayn, Henry Ryan, Thomas Ryan, Richard Donell, William Pivally, and John Druagh of Gawran, in the county of Kilkenny, to tan hides and leather within the town; reciting a statute passed in the parliament held at Dublin, on the 17th Janu- ary, in the eleventh year of the reign of her Majesty, by which it was enacted, " that the Lord Deputy, with the advice of the Privy Council, should have authority to limit and appoint places for tan- ning of hides, or leather tanned or put to be tanned :" — upon deliberate consideration, Gawran is considered a fit and convenient place for the purpose. — Castle of Dublin, Oct. 13, 1576, 18°. Elizabeth R. 20. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in reversion for 30 years to be passed to Ambrose Porthe, Doctor of Laws, one of the Masters of Chancery, and Judge of the Admiralty, of the abbey or religious house of Saint John by Kelles, and the rectory of Tryvet, in the county of Meath, with all the lauds, tenements, and tithes thereto appertaining. — Greenwich, April 17, 33°- Elizabeth R. 21. The Queen to the Lord Deputy : — "Whereas by our letters written to you the ninth of September, we signified to you our plea- sure that there should be granted to our cousin, the Earl of Kildare,. lands in exchange for such lands of his inheritance as are letten or occupied by our Constable of Oatherlaghe (Carlow), and because the 1590. j CHANCERY, iRELAHD. 269 words in our letter extend but to lands at Catherlaghe, and do not 33 with more particular words express all the Earl's lands occupied by Elizabeth, the Constable, as was by us meant, and fit to be, whereupon you made some doubt to make the exchange to extend to any more than the very lands at Catherlaghe ; and likewise some other stay was made by the doubtfulness of those words in our letters, that the lands 'to be delivered by us should be of like quantity and goodness as the lands in Catherlaghe, which was hardly to be performed according to those precise words ; we, hereupon, considering what our meaning was, do let you understand that the exchange shall pass for all the Earl's lands which are occupied, or which have been usually occupied with our Castle of Catherlaghe, and that in the exchange, the lands to be delivered be of such quantity and value, or at the least of such yearly value as the Earl's lands are surveyed to be, in yearly value to be letten, and that the lands so retained by us may either be presently, or when they shall be out of lease, arrented to as good yearly rent as the lands are which shall be de- livered to the Earl, so as by his exchange there be no decay of rent to us and our crown." — Richmond, Jan. 6, 33°. Membrane 9. 22. License to Eichard Younge of London, his servants, factors, or deputies, as well Englishmen and denizens, as strangers, born under the dominion of any foreign prince in league and amity with her Majesty, for seven years, to buy in any part beyond the seas, every sort of starch, and to import the same to any part of her Majesty's dominions, for sale, in gross or retail ; and during the period of seven years, Young, his servants, and factors, shall alone have the full and whole trade and traffick, as well of merchan- dize as the manufacture of starch, within the realm and dominions; forbidding all other persons whatsoever, during this term, to trade or traffick in starch, under pain of her Majesty's displeasure, and forfeiture of the commodity ; and granting permission to Younge, his factors or servants, to enter any ship, bottom, vessel, boat, shop, or warehouse, to search for starch imported or manufactured contrary to the tenor of this patent : provided, however, that the starch to be manufactured by Younge shall not consist of wheat, except the bran of wheat, under pain of her Majesty's displeasure, and at their peril ; and he shall cease the manufacture altogether whenever the Lord Deputy and Council shall signify to him that it would be prejudicial or hurtful to the realm, upon notice of twenty days. — We^minsler, April ,1 5, 30°. 23. The Lords of the Council of England to the Lord Deputy and the Council of Ireland; "whereas, upon humble suit made by Patrick Condon of the province of Munster, it appears that in the time of the government of Sir Henry Sydney, the said Patrick, on the prosecution of certain rebels, taking refuge in a certain old castle called Ballaghinden, he, for their apprehension, and to prevent their escape, burned down the castle, a service then as seemeth very well VOL, ir. P 310 PATENT AND CLOSE ROLLS, [1590. 33 allowed, until, as it is affirmed, the Lord Roche, as well in respect , Elizabeth, that those rebels were his followers, as for malice, he then did bear towards the said Condon, caused him to be indicted and attainted of treason, for that, by some special statute in Ireland, the burning of any house is made treason ; whereby his lands were escheated unto her Majesty; for which fact, though then accounted serviceable, yet through the prosecution of the Lord Roche, his adversary, Condon was compelled to sue forth his pardon. Now, for as much as it appears that the lands of Condon, being none of the late escheated lands, were never appointed to be granted to undertakers upon the rebellion of the Earl of Desmond, we are to let your Lordship to understand that her Majesty is pleased, as Condon has been par- doned and not since attainted, that he shall be restored to the pos- session of his lands now in the possession of Thomas Fleetwood, Marmaduke Redmond, Arthur Hide, or any other undertaker, by authority of patents, to them wrongfully passed. Signed, Chr. Hatton. H. Hunsdon. T. Heneaghe. W. Burghley. T. Buckhurst. J. Portescue. C. Howard. — Greenwich, July 28, 1591. Membrane 11. 2 4. Charter of Clonmel : — Edward the Fourth, grants to the provost bailiffs, and good men of Clonmel, license to take the following tolls from goods and merchandize coming to the town for sale, viz. : for every pound of ginger for sale, i penny ; for every pound , of saffron for sale, id. ; for every pound of pepper, one farthing; for every pound of gallingale, \d. ; for every pound of cloves, id. ; for every pound of mace, ^d. ; for all other kinds of the value of I2C?., one i ar thing ; for 100 lbs. of wax, ^d. ; for 100 lbs. of rice, 2d.; for every frailW of figs and raisins, id. ; for every 100 lbs. of alum, 2d. ; for every 100 lbs. of leek seed, 2d. ; for every 12 lbs. of onion seed, id. ; for every lb. of silk, 2d. ; for every head of yarn, id. ; for every piece of canvas, 2d. ; for every bolt of Isinglass, \d.; for every piece of caddow,(b) id. ; for every 12 felt hats, id. ; for every piece of cloth of flys (or flegs), id. ; for every whole piece of English cloth, 2d. ; for every 12 yards of such cloth, 2d. ; for every piece of Irish cloth of 12 yards, id ; for every piece of Irish linen, id.; for every 100 pieces of iron, 2d.; for every bundle of iron, id. ; for every seme(«) of slabbes, id. ; for every hundred of Spanish iron, 4d. ; for every horseload of pewter, 4A ; for every pig of lead, id. : for every 100 lbs. of scroffe, id. ; for all kind of haberdashery of the value of is., \d. ; for 1000 nails or spikes, id ; for 12 shares, id. ; for every frail of batter, ^d. ; for every large pot, id ; for every seal of the value of 5«., id : for every hogshead of wine, 4d ; for every pipe of wine, 2d ; for every load of hay, id. ; for every la) Frail. — A basket made of nishea. (b) Caddow. — Blanket ; frieze, coarse rug. (0) Sbmb. — A horae-load. IS90.] CHANCERY, IRELAND. 211 load of grain, id. ; for eveiy load of corn, id. ; for every cask of 33 butter, 4d. ; for every crock of butter, ^d. ; for every cool of butter, Elizabeth. id. ; for every stone of onions,(a) ^d. ; for every barrel of herrings, 4d. ; for every mease of herrings, id. ; for every barrel of salt, \d. ; for every barrel of beans and peas, \d. ; for every barrel of corn, oats, and other grain, \d. ; for every sack of wool, nd. ; for every stone of wool, id. ; for every last of hides, i2d. ; for every dacre of hides, id. ; for every hide, ^d. ; for every tanned hide, \d, ; for all hides of the value of is., id. ; for 100 skins of sheerlings, ^d. ; for 100 lamb felts, ^d. ; for 100 wool felts, 2d. ; for 100 lamb skins, id. ; for 100 rabbit skins, id. ; for other skins, ;|cZ. ; for every horse of the value of 40s., 2d. ; for every large bull, ox, or cow, id. ; for every genet, id. ; for every .... ^d. ; for every pig or goat, ^d. ; for every basket of fish, id. ; for 1000 eels and merlings, id. ; for carts and cars of the value of 2S., ^d. ; and for all other mer- chandize of the value of 20s., id. ; To be collected and received for iQ years, for the purpose of enclosing the town ; the collectors and receivers to account before the Bishop of Lismore and Waterford for the time being. Witness James le Botiller, Earl of Ormond, at Eoss, 12 July, in the 38th year of the reign of Edward the Fourth. Edward the Third, by charter dated 20th January, in the forty- fifth year of his reign (a.d. 137 i), granted to the Provost and Com-, mons of the town, licence to elect annually, a Sovereign, from their co-burgesses, who should have authority to exercise all things which for the safe and secure government of the town, and the quiet and tranquillity of the king's faithful lieges should be necessary, and as the sovereigns of the towns of Kilkenny, Ross, Wexford, and Youghal reasonably used ; saving the royal liberty of James le Botiller, Earl of Ormond, within which the town was situate. King Edward the Third, by charter dated at Westminster, the 12th of July, in the fiftieth year of his reign, granted a letter of protection for the Provost and Commonalty of Clonmel, against pre- emption and purveyance, addressed to all sheriff's, seneschals of liberties, mayors, bailiffs, and other his faithful subjects, as well within liberties as without, ■within his land of Ireland, to whom the charter should come. John le Botiller, Earl of Ormond, Lord of the liberty of Tipperary, by charter dated at Carrig, Tuesday before the feast of the purification of the Blessed Virgin Mary, 1463, granted to the Sovereign, Provost, Burgesses, and Commons of the town, licence to take toll and cus- tom of all merchandize coming for sale to the town, provided it should be expended on the diligent care of the southern gate, and reparation of the bridge and walls of the town. Thomas le Botiller, Earl of Ormond, Lord of the liberty of Tipperary, by charter, dated at Carrig, 12th April, in the 19th year of King Richard the Second, inspected and confirmed the charter of King Henry the Fifth, dated 22 February, in the 6th year of his reign, who, after reciting their fidelity and distressed state, and granting that the Sovereign and Commons should not be aggrieved by taxes or other (»' Soap or tallow. VOL. ir. p 2 212 PATENT AND CLOSE ROLLS, [1591. 33 burdens against tteir will, ordained that they should not be com- Elizabeth. pelled to appear before the Seneschal out of their liberty, and that they should have suit in the Hundred of the town before the Pro- vost ; with power to arrest, implead, and imprison, — June 5, 6°. \A writ of the, loth Oct., 27" Ed. (a.d. 1299), is extant in the Becorcl Tower of Dublin Castle (Bat. Plac, 28 JSd. I., m. n), ly which the Icing commands the Justices of his Bench in Dvhlin, to swper- sede certain pleas hefore them against certain men and burgesses of the town of Olonmel, ti/pon writs of preoipae in capite, concerning lands and tenements in the town held of Otho de Grandison, which writs, he complained, were issued in contempt of the Court of the said Otho, and against Magna CJwirta. A charter of pardon of an amercement to the Provost and Common- alty of the Town of Clonmel, is also extant (Bot. Pat., 1 1 Ed. II., p. 2, a 86). And on the Boll 13° Ed. II., d, a, 60, the provost and bailiffs had a murage grant for seven years. There are several other similar grants for terms of years, viz.; 12th January, 29° Ed. Ill; Bot. Pat., 29° Ed. III., m. 27, of murage and pontage to tlie Bur- gesses and Commonalty ; i2tJi July, 38° Ed. Ill, of murage to the Provost, Bailiffs, and good men of the town of Clonmel; 26th Janu- ary, 10° Henry IV. (Bot. Pat., 10° Henry IV., p. 2, a. to^, of murage to the Sovereign, Provost, and Commonalty. The governing charter of the Corporation bears date gth July, 6° James I., and is enrolled in Chancery (Bot. Pat., 6° James I., m. i, m. I'j.}] Membrane 15. Elizabeth R. 25. The Queen to the Lord Deputy, stating she had been made acquainted with a petition exhibited to the Privy Council by Dermot M'Morris Cavanagh, of Knockangarrowe, in the county of Wexford, requesting an estate to be settled on him and his heirs, which he claimed ; that she had taken the opinion of her Council, and she thought good to make the following answer. " First, touching that part of his petition craving of us to give warrant to you to accept a surrender of him and his freeholders 0I the lands mentioned in the petition, and to make a grant by our letters patent to him and his heirs, with a proviso that he shall grant unto every of the freeholders so much th.ereof as they shall have right unto ; we are pleased so to do, and hereby require and authorize you to accept the surrender, and make an estate in fee-simple to him and his heirs, of the lands mentioned in the petition ; reserving to us, upon such part as he shall surrender as his own land, a tenure by knight's service, at«your discretion, with such "rising out" of soldiers, horsemen, or footmen, and other reservations as to you shall be thought meet, with the advice of our Council, having regard to the quantity of the land ; with a condition also to be inserted in the patent, that he shall make unto the fiee- IS9I-J CHANCERY, IRELAND. 213 holders claiming under him, assurances of such parcels of land as . ^^ , they shall hare right unto ; and if contention shall grow between Ehzabetn. him and the freeholders, or between the freeholders themselves, concerning how much each of them hath a right unto, that yon, with the advice of our Council, shall decide the same ; and assure so much to each freeholder as by them shall be ordered." " Secondly, concerning his demand of such concealed lands as are mentioned in the petition, and by him at his own charge found to our belief to be concealed ; we are pleased to grant the same unto him with such estate of inheritance as the other lands to be by him surrendered ; reserving unto us thereupon such tenure and reservations as to you shall be thought meet, upon the survey thereof to be made." " Thirdly, upon the good report that hath been made unto us by our Council of that our realm, of the dutiful behaviour of Dermot M'Morris, for the space of five years, since his entering into our obedience, and of his losses sustained in our service by the burning of part of his country, by some of his own sept, and others, malign- ing him for his obedience sake ; that it may be a good encourage- ment to him to continue in this dutiful behaviour, and to others to reduce themselves to the like, we are pleased to grant unto him a pension of four shillings Irish a day, to continue so long as he and his country shall remain in their loyalty and obedience unto us : to begin from the date of the grant to be made upon his sur- render." " And lastly, we think it meet, and so require you, that when occa- sion shall occur of service against any of our undutiful subjects bordering on his country, and near thereto, Dermot M'Morris shall be employed there, with such charge as to you shall be thought meet, to the end thai by the continuance of our service, he may be the better enabled and encouraged to maintain himself, his followers, and tenants, in a civil and dutiful course of life against his neigh- bours disturbing him ; and these our letters shaU be unto you, our Deputy, sufficient warrant in this behalf." — Gh-eemvic7i, July 10, 33°. Membrane 16. 26. The Lords of the Council in England to the Lord Deputy and the Council of Ireland. " After our very hearty commendations to your Lordship and the rest : whereas, we received lately your letters, with a copy of an article containing her Majesty's pleasure therein enclosed, touching our resolution in a controversy depending be- tween William Pliillips, Clerk of the Crown in the Chancery, and the Remembrancer of the Exchequer, concerning the making of sheriffs patents, and the passing the same under the great seal ; and having for our better information referred the same to Master Justice Gardiner and her Majesty's Attorney-General here, to cer- tify unto us their opinion what they thought meetest to be done in that behalf ; they have made return unto us, that they think it most agreeable to the law, and to the use and custom of this 214 PATENT AND CLOSE ROLLS, [1591. 33 realm, and most profitable for her Majesty, that the making of the Elizabeth, patents rather appertaineth to the Clerk of the Crown in Chancery, than to the Remembrancer of the Excheq[uer, and so to pass under her Majesty's great seal; we have thought good to signify unto your lordships ^.nd the rest, that (having considered her Majesty's ex- press order and direction sent thither in the sixteenth year of her reign), the patents should pass under the great seal there: and finding hy your letters, that the patents have heretofore, some- times, passed in the Chancery, as well as in the Exchequer, it is, therefore, thought by us very meet and convenient that the sherifis patents should from henceforth pass under the great seal, and be made by Philips, as clerk of the Crown; wherein we pray and require your Lordship and the rest to give present order for the establishing of the same accordingly, eo as Philips may not be here- after disturbed by the Remembrancer, or have any other cause of complaint." "And as Philips hath likewise declared unto to us that he is tied and greatly charged by virtue of his oflice of Clerk of the Crown, to write and make all manner of commissions for her Majesty's ser- vice that are to pass under the great seal, alleging they are very many and require great labour and travail, and upon every altera- tion of the Lord Deputy, Lord Chancellor, Lord Keeper, or any of the Judges, Privy Council, or of the Queen's learned Counsel, they are to be renewed and newly written for the service throughout the whole realm, having toward his pains and mainten- ance, nothing else allowed him, but his bare fee of one hundred shillings per annum, which is not any ways able to relieve him and supply his charges ; therefore, he hath made humble suit unto us to recommend him with our favorable letters for some further augmentation and increase of allowance, to be yearly made and granted him towards his better help and pains sustained in that behalf ; we, therefore, pray and require your Lordship and the rest, that, finding his suggestion and pains taken for her Majesty's ser- vice to be true, you presently grant him such yearly increase of allowance, either by way of concordatum or otherwise, as in your discretion shall be thought meet and convenient ; and so praying your Lordship to have extraordinary care to the full accomplish- ment of the contents of this our letter, we commit your good Lord- ship and the rest to the safe protection of God. — From the Court at Greenwich, this 26 May, i^^i" Your Lordship's assured friends, Jo. Cant. H. Derby. T. Buckhurst, Chr. Hatton, Cane. 0. Howard. J. WoUey. W. Burghley. Oobham. J, Portescue. Elizabeth R. 2). The Queen to the Lord Deputy, informing him that by her letters patent, bearing date 6th October, in the nineteenth year of her reign, she had granted to Sir Cormock MacTeige MacCarthy, knight, 1S9I.] CHANCERY, IRELAND. 215 an estate in fee-farm to him and the heirs male of his body, of the _ 33 abbey of Ineslawnaght, in tbe counties of Tipperary and Water- Elizabeth, ford, amongst others ; which abbey, with its appurtenances, had been subsequently conveyed by Cormock Cartby, son and heir of Sir Cormock MaoTeige, to Edward Geoghe, of Glonmel, and his heirs, who had made suit to her Majesty, to accept from him a sur- render of the estate granted to him by MacCarthy, and to re-grant to him and his wife Mary, the abbey with its appurtenances, for the term of their lives, with remainder to their heirs male ; her Majesty in consideration of the service of Goeghe, is pleased to accept of his surrender, and directs the Lord Deputy to re-grant to him and his heirs male, under the great seal, the abbey with its appurtenances, with reservation of such rents and tenures as had been reserved in the patent to MacCarthy. — Greenwich, May 31, 33°- Membrane 17. Elizabeth R. 28. The Queen to the Lord Deputy. "Right trusty and well beloved, we greet you well : whereas by the late attainder of Hugh M'Mahowne, otherwise PitzUsley, all the Seignories and possessions which he held by letters patent, are forfeited by reason of his attainder for his treasons committed : having gracious respect for the service of the gentlemen, who are the principal persons of MacMahon's country, and whom you have recommended for their loyalty; we are pleased and do authorize you to assign and allot to the persons named in your letters, that is, Ever M'Cooly M'Mahown, Rosse bane M'Mahown, Brien M'Hugh oge M'Mahown, Patrick Duff M'Mahown M'Keirna, and Patrick M'Aite Moyle, such portions of the forfeited Seignories and lands as in your discretion shall be thought meet for the advancement of our service, the reduction of the country to civil obedience, and the contentment of the parties ; and also we think meet that, by Commissioners of judgment and indifferency, to be by you appointed, there be assigned to such and so many of the rest of the inhabitants and pretended freeholders in the country, such portions of land as the Commissioners shall think necessary for their establishment as freeholders, whereby our laws may have due course and justice be administered; we, therefore, give order, that letters patent be passed unto each of the persons above-named, and to their heirs male, of the Seignories and lands so severally allotted to each of them, with remainders of like estate to such persons of their nation as each of the persons shall nominate, and by you thought meet for the reduction of those barbarous countries to justice and civility ; reserving in each patent a tenure by knight's service, a clause of forfeiture in case of treason or rebellion, and for the ex- tinction of the name of MacMabowne, as chief of the nation ; our further pleasure is that each of the patentees, before letters patent be delivered into their hands, do assure unto each of their freeholders, and to their heirs male, with such remainders of life estate as by you shall be thought convenient, such portions of land as the Com- 2i6 PATENT AND CLOSE EOLLS, [1591- Elizabeth "^'^^'oi^rs shall allot to each freeholder ; To hold of his superior ' lord by such tenure and rent as shall be certified by the Commis- sioners. And whereas we understand that Donogh M'Cormock and others of our loving subjects, daily, of their dutiful affection, offer to surrender to us their Seignories and lands, to the intent that they might hold them of us ; we are well pleased, and require you, upon every such offer to be made, to cause a survey to be taken by discreet and indifferent Commissioners, of the quantity of the lands, rents, services, and duties which the parties offering to surrender shall possess, and that you authorize the Commissioners to inquire, by the oaths of twelve men, what right or title any other our sub- jects have to the said parcels ; which survey and verdict being re- turned into our Chancery or Exchequer, you shall give order to have search made in our Chancery, King's Bench, and Exchequer, to ascer- tain if any of our progenitors had title, or received any rents or profits out of the lands ; and if upon certificate of the Master of the Rolls, the Clerk of the Queen's Bench, or the Remembrancer of the Exchequer, our title shall appear, the same shall be preserved ; otherwise our will and pleasure is, that you accept the surrenders, and give order for passing under the great seal, to such of our loving subjects as shall so surrender, the seignories, castles, lands and tenements sur- rendered : To hold by knight's service, and by some rent or other royal service to them and their heirs, or rather to them and their heirs male." — Richmond, Jan. 20, 1590, 33°. Membrane ,t8. 29. The Lords of the Council to the Lord Deputy. "Whereas, the bearer, Geret Comerford, her Majesty's Attorney of the province of Conuaught and Thomond, holdeth by grant under the broad seal of that realm, during pleasure, the office of Attorney, with the fee of twenty pounds sterling per annum, and all qther perquisites there- unto belonging, and upon better consideration of his interest and estate in the office, which, as it is now, is but uncertain, and sub- ject to alteration upon every slender accusation, the said Comer- ford hath made suit here to have a more assured and settled estate therein, whereby he may, with more encouragement, follow her Majesty's service in that calling; we have thought good to advertise your Lordship, that her Majesty having conceived a good opinion of the gentleman and his sufficiency, is pleased that your Lordship dofpresently pass the office to him again for term of his life (si ifam- diu se bene gesserit), together with the fee of £20 sterling per annum, and all the profits and commodities appertaining thereunto ; in such sort as he may not be removed before any misdemeanour, con- ceived, be examined here, himself called to answer, and order given from hence by her Majesty for his removal agreeable to her High- ness' letters heretofore at the suit of Mr. Nathaniel Dillon ; and likewise that you give order to the auditor there, for the time being, to give him allowance of his yearly value of the revenues of the province, as well for that already paid to him as hereafter to be paid, and to be defalked upon the account's of Sir Richard Bingham, I59I.] CHANCERY, IRELAND. 317 33 now Chief Commissiorier of that province, half yearly as the same Elizabeth. shall grow due ; and so we bid your Lordships heartily farewell." — From the Court at Basinge, Sept. 12, 1591. Your Lordship's very loving friends, W. Burgliley. T. KnoUys. J. Wolley. J. Hunsden. R. Cecyll. J. Ileneage. Elizabeth Regina. 30. The Queen to the Lord Deputy and Council of Ireland. " Whereas humble suit hath been made to us on behalf of Edmond Barrett, the father, and Edmond his son, both dwelling in the county of Mayo, in the province of Connaught, that we would vouchsafe to accept their several surrenders of certain castles, lands and territories, affirmed to be their proper inheritance, within the baronies of Orrier and Tyrawley, and to pass the same again to them and their heirs, with such limitation of tenure and service as should be most suitable and convenient ; having received good iuformation of the loyalty of the Barrets, and of their faithful service practised for a long time in those remote parts, we are well pleased to grant their estate to them ; and forasmuch as certain parcels of the lands which they desire to be surrendered, are out of their possession, being forcibly evicted from them in the time of the late " stirrs" of the Burkes, the several names whereof are set down in the schedule enclosed, by reason vvliereof some question may rise of their title until their right thereof be further inquired of ; we, therefore, require, before any surrender be accepted, that Sir Richard Bingham, be made well acquainted herewith, and then, with his good advice, you cause due search and inquiry to be made of their title and right to all the lands whereof they are now dispossessed, for avoidance of sundry inconveniences by pretence of unjust claims and otherwise, which in like cases hath been heretofore so frequent in that realm for want of good circumspection ; and afterwards to take their surrender not only of the parcels so tried to appertain to them in right, but of the residue named in the schedule now in their possession, and to pass the same again by lettgrs patent to them and the heirs male of their bodies, or the heirs male of the body of any of their ances- tors ; To be held of the castle of Dublin by knight's service." — Manor of Richmond, Jan. 20, 1590. Patent Roll, 34° Elizabeth. — 1592. ^^ ,_ , Elizabeth. Membrane i. 1. Livery of seizin of the possessions of James Waters to Michael Waters August 2. Membrane 2. 2. Fiat for a grant of livery of seizin of the manor of White- church, in the county of Kildare, to Christopher Preston, Viscount and Lord of Gorman stown, son and heir of Sir James Preston, late Viscount. — May 6, 1570, t.i° Elizabeth. 2i8 PATENT AlfD CLOSE BOLLS, [1592. 34 Membrane 3, Elizabeth. ^^ Reversal of the attainder of Richard Bermingham, of Ballene- dromny, who, with others, was outlawed for high treason ; but upon a writ of error, and production of the letters of the Lady the Queen, the outlawry was revoked and annulled. Signed, Gerald Dyllon, Clerk of the Crown, [Stated to be of record amongst the Records of Hilary Term, in the thirty-fourth year of Elizabeth.] Membrane 4. 4. Conveyance, whereby William Mayowe, and David Hornok, chaplain, granted and conveyed to Alinore Hore the lands of Foresterston, near Kylgrege, Ballyrothane, Cokeston, near Ballybyn and Hamonston : To hold to the said Alinore and his heirs male, of the chief lord of the fee, by the service thereout due and of right accustomed. — Oct. 20, 16° Henry VI. 5. Letter of attorney, whereby Richard Bckelot, chaplain, ap- pointed Robert Mayowe, his attorney, to put William Mayowe and David Hornok in possession of the lands in the preceding article mentioned. — Sept. 9, 12° Henry VI. 6. Letter of attorney, whereby William Mayowe and David "Hornok appointed William White, of Balrohd,n, and William Career, his attorney, to put Alinore Hore in possession of the lands men- tioned at Article No. 4. — Oct. 20, 16° Henry VI. Membrane 6. 7. Release, whereby William Mayowe and David Hornok remitted and quitted claim to Alinore Hore, all claim which they had to the lands mentioned at Article No. 4. — Oct. 26, 16° Henry VI. 8. Conveyance, whereby James Hadsore, of Termonfeghin, and Walter Mey, of Drogheda, granted and confirmed to James White, of Drogheda, the lands of Troman, Rathmolian, Tippertenan, Shranehy, Hoggiston, Cloncowan, and Cokeston : To hold for ever of the chief lord of the fee. — Appointment of Gerald Telinge and William Sedgra to deliver sezin and possession. — Names of the tenants who attorned. — Jidy 2 1, 3° Ed. VI. 9. Grant to William Browne of 120 acres of arable land, in Oroke, in the county of Waterford, parcel of the preceptory of Croke ; a free rent of 20s., payable out of the ferry there ; a free rent of 120?., issuing out of the lands of Dromynaghe, and a free rent of is. 8d., issuing out of Perremolaghe, with certain works and customs of the annual value of 2S. iid. ; a house in Molingar, called the Prank House, and 17 messuages and gardens in Trim : To hold for ever, 1592.] CHANCERY, IRELAND. 219 as of the Castle of Dublin, by fealty only in free and common soc- 34 cage. [Note This patent recites a lease previously made to George E"^*eth. Wyse of the same premises for 56 years.] — May 5, 34°- Membrane 8. 10. Grant to Edward Barret of a carucate or cartron of land in the Carhrye, and a moiety of a carucate of land in Ballynrodde, in the county of Longford, late in the tenure of Keddaghe MacShane O'Perall ; a carucate or cartron of land of Coulacorte, and a moiety of Killenavishe, parcel of the possessions of Morogh MacConvincke O'Ferrall, attainted of treason ; the lands of Corrobehie, Lyssomyne, Reaghe, Cartron, Aghenecrosse, Killenemoddaghe, Liskadenan, and Coulebane, Tolchebeadan, Keapaghe, Gartfadd, Dromycheoye, parcel of the possessions of the late religious house of Moghill, in the county of Longford ; Aghnegor, a fishing weir (unam gv/rgitem), commonly called the weir of Suawowly, upon the Shenan ; Crog- hillen, the castle and lands of Morinbegge ne Graungre, in the town of the Grange, near Molengar, in the county of Westmeath, a gallon service, commonly called " a marye gallon," out of every house or habitation in Molingar accustomed to brew ale or drink, late parcel of the possessions of the Abbey of the Blessed Virgin Mary,of Molingar; the whole circuitand precinct of the late monastery of Oavan, in the county of Cavan, containing half a "pull" of land, two pulls, or cartrous of all kind in Aghleere, within the barony of Castelaghym, in the county of Cavan, in the hands of the Crown, by reason of the attainder of Brian O'Eely ; all which premises had been concealed from the Crown, but were restored or recovered by an inquisition taken before John EUyd, third Baron of the Exchequer, and now remaining of record : To hold for ever, in free soccage only. Rent £4 19s. %d. Membrane 10. 1 1. Appointment of William Turner to the deanery of the cathe- dral of Perns, in the county of Wexford, now vacant, and in the disposition of the Crown in full right. — Jan. 18, 11°. [Exhibited on the 22nd July, 1580, on the metropolitan visitation of Adam, Lord^ Archbishop of Dublin, before Master Ambrose Eorthe, Vicar-General of Spiritualities. Signed, Roland Cowyck, Registrar.] Membrane 11. 12. Charter of Maryborough ; reciting certain instructions, dated at Oatelands, the seventh day of August, one thousand five hun- dred and sixty-nine, the eleventh year of her Majesty's reign, inrolied in the Rolls of Chancery of Ireland ; granting that the town of Maryborough, in the Queen's County, in the realm of Ireland, should be a free and undoubted borough, and that the inhabitants and their successors should be incorporated by the name of the Burgomaster, Bailiffs, Burgesses, and Commons for ever 3 220 PATENT AND CLOSE ROLLS, [1592, 34 Elizabeth. *^'^.'' ^^^ Burgomaster, Bailiffs, Burgesses, and Commons of the town, and their successors, might have all, every, and such like liberties and free customs as the town of the Naas, in the county of Kildare, within the realm of Ireland, the burgesses and commons, have or enjoy, or which appertain or belong to any other free borough ; that the Burgesses and Commons, and their successors, in every year at the Feast of Saint Michael the Archangel, might choose one of themselves to be Burgomaster, and two bailiffs, there to serve for one year next after the election, to keep the borough and hold the courts of the town, and to do and put in execution, according to justice, all things concerning or belonging to the town, the Burgesses and Commons thereof, and their suc- cessors for ever : after the election, the Burgomaster and bailiffs shall the same day take their corporal oath before the Constable of the castle or fort of Maryborough, or in his absence before the Burgesses and Commons of the town, and their successors, well and faithfully to conduct and behave themselves towards her Majesty for ever, as well in confirming the right and title of her Majesty as concerning the liberties and customs of the bo- rough ; and for the better execution of his office, the Burgomaster, and his successors for the time being, shall have full and suffi- cient authority and power to elect and constitute one man to be a sergeant, to carry the mace before the Burgomaster, and his succes- sors, within the town and franchises. That the Burgomaster, bur- gesses, and commons, of the town or borough, may erect, build, and fortify the borough with ditches and stone walls, for its better defence and fortification, and that all the lands, tenements, rents, and other hereditaments, with their appurtenances, which are within the space of eight thousand feet on either part of the walls of the castle or fort, should be from hence for ever within the franchises, liberties, and jurisdiction of the town and borough ; and the jurisdiction and franchises thereof should no further extend without the castle or fort. The Charter further grants the return of all writs and mandates, and the execution thereof, in any way touching or concerning the borough, so that it shall not be lawful for any sheriff or other officer to come into the town or borough to execute his office except in the default of the Burgomaster and Bailiffs, and their successors; (the writs and process at the suit of the Queen, her heirs or suc- cessors, always excepted and foreprized) ; that the Burgomaster and Bailiffs, Burgesses, and Commons of the town, and their successors, shall have jurisdiction and cognizance of pleas of all personal causes happening or arising within the franchises and jurisdiction of the town and borough, to be holden before the Burgomaster and Bailiffs, and their successors for ever; that the Burgomaster and Bailiffs and their successors, shall have sufficient power and au- thority of all pleas personal growing or arising within the franchises and jurisdiction of the town and borough, to be holden before them- selves, the Burgomaster, Bailiffs, and their successors for ever, and that they may make such due process and execution thereof in all 1592.] CHANCERY, IRELAND. 221 pleas personal as the Mayor and Sheriffs of the town of Drogheda 34 have been accustomed to do and might use in pleas personal ; Elizabeth, that they may have jurisdiction to hold pleas in the nature of assize o^friscafortia of all the lands within the borough and fran- chises as the Mayor and Sheriffs of Drogheda have been accustomed to do in like pleas ; and that the Burgomaster, Bailiffs, Burgesses, and Commons, and their successors, may have and enjoy all the profits and amercements of the pleas, as well personal as assize, and all the goods and chattels of infangthef, for ever ; for and towards the building, reparation, and fortification of the walls, ditches, and pavement of the town and borough. The Burgomaster of the town, and his successors, are constituted justices of the peace within the town and franchises, and all that which belongs to the office of justice of peace, they may execute in all things within the town and franchises ; the Burgomaster, Bailiffs, Burgesses, and Commons of the town, may hold a market on Thursday in every week for ever, within the town and borough, in some place within the town and borough which to them shall be thought most expedient and convenient ; and the Burgomaster and Bailiffs shall be escheators and clerks of the market, and have the correction of all weights and measures within the town and franchises ; the escheator and clerk of the market shall have power, jurisdiction, and liberty to do and execute all things which to the office appertaineth within the town and franchises ; provided, notwithstanding, that their doings in the premises are to be inquired of before the Queen, her heirs and successors, in the chief place of the realm of Ireland, and corrected according to jus- tice, as often as occasion should require ; the Burgomaster, Bailiffs, and their successors, shall be coroners within the borough and the franchises thereof, for ever, and have jurisdiction and liberty to do and execute all things which to the office of coroner be- longs, within the town and franchises ; provided, notwithstand- ing, that their doings in the premises should be inquired of before the Queen, in her chief place of the realm of Ireland, and corrected according to justice, as often as occasion should require ; that no inhabitant of the town should plead or be impleaded in any other place but within the borough, before the Burgomaster and Bailiffs, and their successors for ever, of or concerning any trespass, contract, or any other matter personal occurring, done, or com- mitted within the town, borough, or franchises : that they by them- selves or deputies may take, collect, and receive all the customs under-written, to be converted to the use and commodity of the borough, and the reparation thereof, that is to say, for every horse sold within the town, and franchises thereof, twopence, good and law- ful money of Ireland ; for every cow sold, twopence; for every goat sold there, one penny ; for every hog sold, a halfpenny ; for every sack of grain sold there, a halfpenny j for every sheep sold there a forthingj for every seame of taberlay sold, a halfpenny; for every hide or skin, one halfpenny ; for every cart body or plough sold there, a penny ; for eyery pair of wheels sold, a hal4>enny ; for 222 PATENT AND CLOSE ROLLS, [1592. 34 all kind of merchandise of the yalue of two shillings, a halfpenny ; Elizabeth, for all merchandise of the value of five shillings, a penny; and that the burgomaster, bailiffs, and their successors, might have and receive all other customs and profits all things sold within the town and franchises, as the bailiffs of the town of Dundalk, within the realm of Ireland, might have received and do receive and levy within the town and franchises of Dundalk ; the burgomaster, bailiffs, and their successors, rendering and paying yearly for the customs to the Queen, her heirs and successors, at the receipt of her exchequer, ten shillings lawful money of Ireland, at the Feast of Easter and Saint Michael the Archangel, by even portions. The Burgomaster, Bailiffs, Burgesses, and Commons, or the greater part of them, shall have power, authority, and jurisdiction to constitute, ordain, and establish such laws, constitutions, and ordnances amongst themselves, from time to time, as to them shall be thought most convenient for the utility and profit of the borough; so as those laws, constitutions, and ordinances should not be contrary to the laws of the realm; and if it should seem good and expe- dient unto them, the same laws or any part thereof they may revoke, mitigate, abate, and annul, at their will and discretion. And that it shall not be lawful for any person coming to the market with any wares, merchandize, or victuals (except victuals for immediate sustentation) to buy, unless within the hours of eight in the forenoon and three in the afternoon of the day of the market, (the traffick of the freemen of the town always excepted), upon pain of forfeiture of the things so bought, to be converted to the use and commodity of the borough, and to the reparation thereof; that no foreigner or merchant stranger shall sell by retail any wares or merchandizes brought from beyond the seas in the town or franchises, without licence of the Burgomaster, Bailiffs, Burgesses, and Comm.ons, and their successors for ever ; and that the Burgo- master, Bailiffs, Burgesses, and Commons of the town may have within the town and franchises all waifs and strays which hence- forth should happen to occur, towards the help, maintenance, and reparation of the borough for ever. It shall not be lawful for any person living in the borough to ex- ercise any mystery, faculty, or occupation, except he be admitted and allowed a freeman of the borough by the Burgomaster, Bailiffs, Bur- gesses, and Commons, and their successors lor ever ; and that the Burgesses and Commons may presently choose among themselves one Burgomaster and two Bailiffs, there to serve until the feast of Saint Michael the Archangel, to rule the borough, and to keep and hold the courts of the town ; and from time to time, after the decease or death of the burgomaster and bailiffs of the town, they shall and may choose, from amongst themselves, another person or persons to serve in the office until the feast of Saint Michael the Archangel then next following : and finally that this gift or grant shall be reputed, construed, and allowed in all courts in as ample manner and form, to the advantage of the Burgomaster, Bailiffs, Bur- gesses, and Commoss of the town, and their successors, as it can be 1592.] CHANCERY, IRELAND. 223 construed and interpreted, any thing or matter whatsoever in any- 34 wise notwithstanding DMin, April 4, 12°. Elizabeth. Memh-ane 13. 13. Decree of the Lord President and Council of Munster, dis- charging Gerot FitzMorice, of Thonia8town,in the county of Limerick, from payment of cess or other charge, in relation to the lands of Ryglasse j it having been proved before the Commissioners to whom the case was referred, that these lands were parcel of Thoinastown, which was an antient freedom ; — the pledges and distresses are therefore ordered to be restored. — Limerick, April 10, 1585. Signed, J. Norries. J. Smythe. Thos. Norries. 14. Grant to William Carter of the manor and town of Castleton, a castle, the walls of a ruined hall, three messuages, six cottages, a garden, a water mill, 561 acres arable land, 50 acres pasture ; Ard- lonan, one messuage, eight cottages, and 40 acres arable, 340 acres underwood, 20 acres of bog and wood ; Kilbride, 260 acres arable; Cloughrane, 202 acres arable ; Ballilongford, 36 acres arable ; Pahye, 12 acres arable, and 20 acres near the Shannon, almost inundated with water ; the castle and lands of Beagh, a ruined castle, an old chapel, 254 acres arable, pasture, and underwood; Belvestin, 282 acres arable, all situate in the country called Kenrie, in the county of Limerick ; Kepaugh, an antient castle, with a barbican ruined on the south, 320 acres arable, and 44 acres pasture ; in Connylo, certain buildings, and 58 acres of unprofitable bog ; the town of Lisraucky, 20 acres arable, 93 acres underwood, 40 acres bog • Ballingoule, 86 acres arable, 20 acres underwood ; Cloughentred, 86 acres arable, 49 acres pasture, situate in the country called Connolaght, in the county of Limerick, late parcel of the possessions of Thomas EitzGerald, Knight of the Valley, attainted of high treason, and which had been granted to Edmond KtzThomas, of the Glanne, and his heirs, for the term of 21 years, ending the 3rd May, 1599, who assigned his interest and term of years to Arthur Carter brother of William; several annual rents, duties, and customs, amounting altogether to £4 j:8s. gd., issuing out of several lands in the county of Limerick, which lately belonged to the Knight of the Glyn and Valley : To hold for ever in fee farm, as of the castle of Limerick', by fealty in free and common soccage. Licence to ex- port into England and Wales all kind of corn, grain, and victuals without payment of custom or duty ; to enclose 150 acres of land to be employed for the breed of horses and deer; free warren and park ; freedom from all cesses, tallages, cuttings, refections, coyne livery, kerneton, coshery, cuddle, gillitin, gillacon, and other bur- thens and impositions. Carter is enjoined by the feast of Easter 1599, to erect as many dwelling-houses as will suffice for twenty families, one for the principal dwelling of himself, two for free- holders, to each of whom there shall be assigned 300 acres of land at the rate of sixteen feet and a-half for each perch, lug, or pole • 224 PATENT AND CLOSE EOLLS. [1592. 34 another house for a farmer, to whom shall be assigned 400 acres, Elizabeth, and eleven others for the copyholders, or other base tenures, to each of whom shall be assigned 100 acres, and to each of the residue there must be assigned either forty acres, twenty-five acres, or ten acres, at the election of William Carter. The premises are not to be conveyed or aliened to any of the mere Irish " not descended of an original ancestor of name and blood." — Dublin, March 2, 34°- In Dorso. 15. The Queen to the Lord Deputy and Lord Chancellor, directing the appointment of Owen O'Connor to the bishoprick of K . . . . in the province of Oonnaught, in consideration of "his having been brought up in the University, and his knowledge of the language." — Bichmond, Oct. 18, 33°. Elizabeth R. 16. The Queen to the Lord Deputy, directing a grant to be made to William Carter, administrator of his brother,Arthur Carter, of certain castles and lands in the country of Kennery (Kenry), and county of Limerick, late the possessions of Thomas PitzGerrald, commonly called the Knight of the Valley, or the Knight of the Glann, attainted; excepting the castle of the Ulann and other parcels granted to Ed- mond MacThomas ; To hold for ever, yielding such rents, customs, and duties as were reserved by the articles of establishment agreed upon by the undertakers in the county of Limerick ; — the lands to be surveyed before the passing of the patent. — Bichmond, Oct. 9, 1 59 1) 33°- 17. The Lords of the Council of England to the Lord Deputy, stating that they had been informed that William Carter, brother of Arthur, who was slain in Ireland, had recovered a lease of certain lands from Thomas FitzQ-erald, called the Knight of the Valley, or the Knight of the Glann, in the county of Limerick, who was attainted of treason, in which lease there were certain terms un- expired, and though Carter paid the rent due to her Majesty from time to time for the whole Seignory, nevertheless, Edmond M'Tho- mas, heir of Thomas FitzGerald, having possession of part of the lands called the Glann, withheld the rent due to her Majesty for that parcel, whereby Carter was charged with the payment of the entire rent reserved, notwithstanding that Edmond M'Thomas held a great portion of these lands; their Lordships therefore require that the latter shall be satisfied touching the arrears in question. Their Lordships also state they had been informed, that of late, in consequence of the absence of William Carter out of the kingdom, one Philip Barry violently and unlawfully dispossessed him of the castle and lands of Inyshony, in the county of Cork, which Carter, after great expense and travail, lawfully recovered ; their Lordships require Carter to be confirmed in the quiet possession of the castle; " and if it shall happen that Philip Barry shall try his right to be I592.J CHANCERY, IRELAND. 225 good or better than Sir Thomas Barry's, otherwise Barry Oge, of _ 34 ■whom Carter holds his lease, that petitioner may have your good Elizabeth, and lawful favor, that he may enjoy the possession thereof at such reasonable rate and composition as to you shall seem meet and convenient, considering his long and troublesome suit heretofore therein sustained, before any other person ; so praying your Lord- ship and the rest to take order herein according to this direction, we bid you right heartily farewell, from the Court at Greenwich, May 2, 1591." Your Lordship's very loving friends, Jo. Cant. W. Cobham. J. Buckehurst. H. Hunsdon. J. Portescue. C. Howard. J. Wolly. W. Burghly. J. Heneage. Chr. Hatton, Cane. Membrane 2. 18. The Lords of the Council of England to the Lord Deputy ; stating that in their late letter on behalf of Gerald FitzRichard, otherwise .M'Thomas, for a grant of a lease of the lands lately in the possession of his brother, Thomas FitzRichard, authority had not been given to enable him to redeem Island Hobbucke, a plough-land and a-half, mortgaged by Thomas, the brother of Gerald, upon condition of redemption ; their Lordships recommend this matter to the Deputy, advise him to confer with M'Grardner, and to shew the petitioner all justice necessary for the redemption of the lands, and so " we commit your Lordship unto the safe protection of God, from the Court at Loozelea, the 8th August, 1591." Your very loving friends, W. Burghly. C. Howard, H. Hunsdon. T. Heneage. R. Cecill. J. Wolley. Elizabeth R. 19. The Queen to the Lord Deputy, touching the division of the county of Monaghan — "Where by your letters to our Council you have required them to advertise us that you have, according to our direction sent to you in January last, made a division of the countrie of Monaghan, which was received by all the Chieftains and people of the country with, great joy, acknowledging our bounty and goodness, and submitting themselves to such orders as should be established amongst them; whereupon you have divided the four baronies according to our prescription, not meddling with the two baronies which appertain to the Earl of Essex, which you wish might be reduced to the same state as the others, (which also we intend shall be performed), and you have also appointed two hundred and eighty freeholders, to hold their lands of us and not of the Irish lords, as they did before : we do accept this your service very thankfully, and as yourselves do write, can be content that the like course be held with others hereafter in like cases. VOIi. II. Q 226 PATENT AND CLOSE ROLLS, [1592. ^* "-A-nd whereas by ourformer direction to yon, there were certain per- Ehzabeth. sons named specially npon your information given us, to receive se- veral estates of the four baronies, to be held of us ; we perceive now by your letters to our Council, you have found that there are yet two other principal gentlemen of that sept who were not before remembered, and yet by you are thought fit to have some portion with the others, whereof one is a brother of Hugh Roe M'Mahon, late attainted, a man who has the English language and of civil conversation, the other is a brother of Brian MacHue Oge, Chief Lord of the Dartry, a man of action and credit in the country, of which two, though there was no mention made in the beginning, yet they are thought by you and our Council meet persons to have some estate in those counties ; and therefore, we, giving credit unto your advertisement and advice, authorize you to assign and allot to those two persons, in severalty, such portion of the land within the country of Monaghan as in'your discretion shall be thought meet for the advancement of our service, and for the reduction of that country into a greater number of tenants to hold of us; and for the effecting hereof, we desire that you give warrant for passing our letters patent unto the two persons above mentioned, and to the heirs male of their bodies, reserving a tenure of knight's service, with such rents and service as shall be convenient and agreeable to the quantity of the lands to be granted ; with a provision that none use the name of M'Mahon hereafter as chief of that nation j and as you think it convenient to have a Seneschal ap- pointed in that country, with 100 footmen under him j so as they continue parcel of the other garrisons, whereby we may not be put to a new charge, we are content that there be a Seneschal appointed, and Thomas Henshaw, commended by you, shall have that ofBce, with a convenient pension to be paid out of the rent reserved of the country J and that there be taken out of each of the forts fifty, to make up the hundred, which as you write may be well spared in respect of the general quiet of the realm." " Furthermore, where by your other letter of the 25th of October, addressed to our Council, it appears that for extinguishing the con- tention between Shane M'Brian and his cousin, Neale Oge, touching lands in North Clandeboy, they have submitted themselves, and given pledges to live in obedience to our laws, and are desirous to have by our grant, the country divided between them ; whereupon you have thought it convenient that Shane M'Brian, being the chief of the sept, should have three parts of the country, and Neale Oge a fourth part, and yet, nevertheless, that the castle of Edendogh- kerry, with the lands thereunto belonging, should remain with us, for which they both have made such contention ; we perceive you have no warrant to make this division and grant according to the plot devised ; but we so well allow of this your purpose, to reduce those Irish into civility, by these presents we give you sufficient warrant to cause grants to be made to those two persons, after divi- sion shall be made, (excepting the castle, to be held hy us, with the territories thereof), reserving upon those grants several tenures 1592.] CHANCERY, IRELAND. 227 of us by knight's service, a reasonable yearly rent, and 'risings 34 out,' for our service, according to the quantity of the land, and as Elizabeth. you and our Council shall think convenient ; and also to devise how some perapns who have been subject to the Irish rule of the MacBrians may be allotted to hold of us, as you have very well devised, in the country of Monaghan, which we leave to your discretion to be performed." — Westminster, Nov. 19, 34°. Elizabeth R. 20. The Queen to the Lord Deputy, the Lord Chancellor, and the Council of Ireland, touching the University of Dublin. " Trusty and right well beloved, we greet you well : Whereas by your letters and the rest of our Conncil, joined with you, directed to our Council here, we perceive that the Mayor and the citizens of Dublin are very well disposed to grant the site of the abbey of All Hallowes, belonging to the city, of the yearly value of £20, to serve for a college for learning, whereby knowledge and civility might be en- creased by the instruction of our people there, whereof many have usually heretofore used to travel into France, Italy, and Spa;in, to get learning in such foreign universities, where they have been infected with popery and other ill qualities, and so become evil subjects j and also we perceive the Mayor, citizens, and divers others there are well inclined to give some maintenance of livelihood in perpetuity, for the maintenance of readers and scholars in the college, as is used in our universities here in England ; and that it is required of us to grant license to them for the foundation and erection of such a college, by way of corporation, and to accept such lands and contributions for the maintenance thereof, as our subjects there shall be charitably moved to bestow ; which offer and suit you have very earnestly recommended unto us, a matter of itself to be well allowed by us and favourably interpreted, for which causes we require you to give knowledge to the Mayor and citizens that we do very graciously accept of these their offers and motions, and are well pleased to grant unto them our royal assent for the erection of such a college, and license them and any other good subject there to endow the college with competent revenues; and therefore we do by these our letters, warrant and authorize you our Deputy and our Chancellor, in our name, to erect and make a foundation and corporation of a college for learning in the place aforementioned, taking order that the college may be erected and established in such manner, and with such good orders and statutes, as some other of our colleges here in England in our universities are ; whereof we will that you our Chancellor, and you the Bishop of Meath, have regard, according to the experience you have of the good order of the college where you have been brought up, or of any other, which by long experience are found to be well established. And further we are pleased that license of mortmain be granted for the purchasing or receiving of any lands, hereditaments, and other contributions, within the realm of Ireland, so as no part of such, VOL. II. Q 2 228 PATENT AND CLOSE EOLLS, [1592. Elizabeth '™^ ^^ ^^^^^ °^ '^^ ™ capite, or in knight's service, and that the ' ' license may extend to the yearly value of £400. And also we will, that whatsoever other act to pass from us, for the erection of the college, and endowing thereof, in this sort, shall be requisite, you our Deputy and Chancellor, and other our oflBcers, shall by warrant hereof, see the saine executed with all favour and speed. . " Furthermore, where by your letter of the nth of this month, it appears upon the survey of our lands escheated in Monaghan, by the attainder of the late M'Mahon, there are certain other lands called, ' Termon,' of the value of £7 1 by the year, which were not of right appertaining to M'Mahon, but have lain waste, and duly belong unto us, and by our former warrant granted unto you for the parting of the lands of M'Mahon, there is not sufficient warrant to divide those lands; that you think it beneficial for our service to have the same granted and divided to sundry persons of English birth, that may thereby plant habitations and buildings on the same, whereof you have sent a certificate of the names of the persons amongst whom the Termon lands may be distributed ; we, allowing of this your opinion and advice given to us, do authorize you by these our letters, to make the grants to the persons so named in your schedule ; or if any of them shall refuse to accept the same, with the conditions to plant people and to build thereon, then to make choice of others of like condition, so as the rents may be reserved of them and their heirs, and be held of us by the rent and such other service as you shall think convenient. Given under our signet, at our palace of Westminster, the 29th December, in the thirty-fourth year of our reign." Membrane 5. Elizabeth R. 21. The Queen to the Lord Deputy, and Council of Ireland. We greet you well. "By our letter of the 24th July, in the 28th year of our reign, written to Sir John Perrot, then Deputy, and to our Council there, we signified our pleasure for granting, without fine, a lease in reversion or possession unto this bearer, our good and faithful subject, John Lye, of Eathbride, in our county of Kildare, of certain lands of ours called Eathbrid, Moristownbiller, and Crot- anston, for three score years, paying such yearly rents as upon the best survey thereof had been formerly reserved, or otherwise, in case those parcels should not be thought meet to be so granted, so much of other our lands, spiritual or temporal, as he shall find to the yearly value of fifty pounds sterling (whereof, Eathbride to be one parcel), which we were pleased he should have in recompence of other lands, his chiefest stay of living, left him by his father, and which we passed by a former warrant from us to one Callough G'More; now for as much as we perceive, by his allega- tion, that he hath as yet, by virtue of our letters, only those three before named parcels, and those rated to a higher value or rent than they are worth, (as by testimonial from our Council IS92.] CHANCERY, IRELAND. 229 there, is certified hither), and Morishton Biller and Crotanston ^* are yet in lease for many years yet unexpired, so as he is not Eliza^ • able to live on them, and much less to defend the same against the evil disposed persons who are in that part very many (as he informeth us) ; we are therefore pleased, in consideration of his loyalty and good service, much commended by you and our Counsell, and in respect of his allegations, if they be true, to relieve him in this sort following, and therefore we will and authorize you forthwith to give order to the surveyor general or his deputy to make a new survey of those parcels of Rathbride, MorishtownbiUer, and Crot- anston, with their appurtenances, so as the same may be indiffer- ently and reasonably raled in rent; that he may thereby reap the benefit we graciously mean to him, both for his means of liveli- hood, and defence against ill-disposed subjects; and thereupon, notwithstanding any other former survey, that you make a grant to him and to his assigns, in due form of law, of the three parcels for 60 years, without any fine, according to this new survey to be made ; and what shall be wanting in value to supply the full sum of £50, our further will and pleasure is, he shall have for like years, and in like manner, such other of our lands and tenements, spiritual or temporal, in reversion or possession, that shall come to our hands by attainder, escheat, intrusion, or concealment, whereof he shall give you notice, as shall make up the full value of £50 sterling, speci- fied in our former letters, which you shall likewise pass to the said Lye, and his assigns, for 60 years, without fine; and he hath also made petition unto us to surrender certain parcels by him purchased of freeholders, and others, in that realm, and some concealed lands given by us to Thomas Morris, and Edmond Barrett, and to their heirs, as he shall inform you, and that we would regrant the same unto him and his heirs for ever; we refer the same to be considered by you and our Council, and if you shall in your discretion find it not inconvenient, we are then pleased, and authorize you to accept of such surrender to our use, and regrant the lands so surrendered to the said John Lye and his heirs." — Westminster, Feb. 21, 1591, 34°. Membrane 6. 22. The Lords of the Council of England to the Lord Deputy and Council. " After our right hearty commendations to your Lordships, and the rest; whereas, the bearer, John Lye, gent., after his long at- tendance here, is now dismissed to return into his country; we have thought good, upon our own knowledge of his sufficient dealing in a particular service of weight wherein he hath been employed here for her Majesty, besides the good report made of him to us by your Lord- ship and the Council, to signify to you, that her Majesty, not only for these respects, but of her own princely favour and good opinion, hath not only granted him his suit, which her meaning is should be passed to him with all favour there, but also hath accepted him into her service, and returned him her sworn servant ; and for our part, having good experience of the gentleman in sundry causes since hi? 230 PATENT AND CLOSE ROLLS, [1592. 34 attendance here, we can do no less than testify to your Lordship Elizabeth, ^nd the Council, our good conceit and liking of him, praying your Lordship and the rest, not only to favour and countenance him in all his honest and reasonable causes, but also that your Lordship give order, immediately after his repair thither, that a caveat be entered in all her Majesty's courts and offices ■which he shall think requisite, that his towns of Rathbride, MoriatonbiUer, and Crotan- ston, which are'to pass from her Majesty to him, and to be newly surveyed by force of the warrant, he now bringeth, be not granted away in reversion or fee-farm to any person or persons what- soever by virtue of any general or special warrant ; and for his , better encouragement to fortify Rathbride, it being upon a border, that he be favoured as well in the surveying thereof and the rest, as also in passing of his patent of the lands more than ordina- rily is used ; for so is her Majesty's pleasure. We commit your Lordship and the rest to God. — Whitehall^ March 22, 1591. Your very loving friends, Jo. Canterbury. T. Heneage. R. CeciJl. C. Howard. W. Burghley. J. Wolley. T.'Euckhurst. H. Hunsdon. J. Portescue. Elizabeth R. 23. The Queen to the Lord Deputy. "Whereas the office of clerk or master of our garrisons and men of war in that realm hath been void since the death of Thomas Williams, and thereby none were authorized to view the state of our garrisons there ; although we understand you have permitted one John Daniell, who was deputy of Sir Thomas, to execute the same room, as we are informed he hath done dutifully, we, now finding it necessary to have that office supplied by a man expert and faithful to us, being void of corruption, have made choice of our trusty servant, Raffe Lane, to occupy the same room as Sir Thomas Williams did ; and, therefore, by these presents, we authorize you to cause a grant to be made to the said Raffe, under our great seal ; To hold as Sir Thomas Wil- liams held that office, with similar fees and other incident commo- dities."— Tfesimiwsier, Jan. 15, 34°. Membrane 7. E. Regina. 24. The Queen to the Lord Deputy. "We greet you well : by an humble petition lately exhibited unto us by our well beloved subject William Eustace, second son of John Eustace, late of Castle- martin in the county of Kildare, we are given to understand that Morice' Eustace, eldest son of said John, being attainted and exe- cuted in the time of the Lord Grey's government, an office was found on his attainder, entitling us to the lands and tenements of the said John, which were, before that time, conveyed to our subject, Wil- liam Eustace, without due regard being had of his right to the lands, which caused him, as he alleges, to prefer his petition to the Lord 1592.] CHANCERy, IRELAND. 231 Gray, showing his title thereto, who gave commandment that the ^* recording of the office (inquisition) should he stayed until our further Elizabeth, pleasure might be known therein ; whereupon it appeareth that upon a petition presently after exhibited to us in that behalf, we gave order to our Privy Council here, that they should write in our name to the Lords Justices of that realm, directing a new inquiry to be made of the lands so found, whereby our title might be either con- firmed or disallowed, with allowance of such good proofs and matters as should be produced on our said subject's behalf for his right and title ; by force of these letters, a new inquiry was made, and it was found to" be the right of our said subject; whereupon he has now been an humble suitor to us for the full establishing of our former gracious favour to him already showed in that behalf; the contents hereof we require you duly to examine, and finding the former office found for us to be erroneous as before is alleged, then according to our wonted princely disposition, not desiring the inheritance or right of any of our subjects, but only what the law, without wresting, may yield, we are pleased, and hereby command and authorize you to pass by letters patent unto the said William Eustace, and his heirs for ever, all such right and title as we now have to the lands and possessions of the said John Eustace, by virtue of the first office found, or by the attainder of Morris Eustace by confirmation, release, or otherwise." — Westminster, March 29, 34°. 25. The Queen to directing a pension of one shilling a day to be granted to Edward Boorne, in consideration of his service in the war, according to the relation of the Earls of Ormond and Essex. — Wo date. Membrane 8. 26. The Lords of the Council of England to the Lord Archbishop, Sir John Plunkefc, Chief Justice, and Sir Lucas Dillon, Chief Baron ; informing them that the three accompanying petitions had been pre- sented to them on behalf of the Lady Echingham and Edward her son, pretending that they have been injured by certain persons withholding the revenue and possessions of the abbey of Donbrody, which they allege to belong unto them; and as the case pre- sented many branches and points which their Lordships, without sufficient knowledge, could not have examined, they refer its con- sideration to the Lord Archbishop, the Chief Justice and Chief Baron, praying them to summon the Interested parties before them, to inform themselves how stands the case, to make some final deter- mination if they can, or else to certify what they had done in the matter, to enable their Lordships to answer such parties as might repair to them in the case. — Westminster, March 7, 1579. Your very loving friends, ■ W. Burghley. P. KnoUys. Chr. Hatton. E. Lyncoln. Jamys Croft. Era. Walsingham. R. Leycester. 232 PATENT AND CLOSE ROLLS, [1593. 34 27. TheKingreleasesRobertRochfordfrompaymentof£4 iis.oc?. Elizabeth, rent of the lands of Veysyneston, Leckeland, Cusakesland, Dawkes- land, at present in his possession. — Dublin, June 29, 4° Edward [ ]. Membrane 9. 28. Order and award of Randall Brereton, High Sheriff of the county of Down, William FitzSymons, of Ardglas, Thomas Ed- ward, and Redmond O'Hanlon, of Newry, in a suit between Owen Poulke, Archdeacon of Down, and Nicholas PitzSimons, of Kilcliffe, concerning the glebe of the church of Kilcliffe, the quarter of Perne- Annes, the quarter of Caroreagh, and the Spittle-quarter. The arbitrators award and adjudge that Nicholas PitzSimons, and all the parishioners, shall quietly resign into the hands of Owen Poulke the glebe lands of the church ; the profits thereof to be bestowed upon its reparation. — April 7, 34° 1592, Elizaheth. Signed, Randal Brereton. William PitzSymon. Redmond Hanlon. Thomas Edwards. 2g. The Lords of the Council of England to the Lord Deputy and the Council of Ireland, touching the country of Elye O'Carrol] :, "You did recommend unto us Sir Charles O'Carroll, Knight, at his repair hither, and, amongst other things, you signified to us your opinion of the displeasure of our good Earl of Ormond towards him, to grow, as you supposed, in respect of his Lordship challenging the country and lands of Sir Charles, called 'Elye O'KarroU,' to be parcel of the countie of Tipperary, which induced us for a time to be of the same opinion with you ; nevertheless, now of late, upon debating the matter, the Earl of Ormond and Sir Charles being before us, his Lordship showed unto us an exemplification of let- ters patent, granted by King Edward the Third unto Edmond, Lord Butler, one of his Lordship's ancestors, from whom he is lineally descended, whereby the King granted to his ancestor, and to his heirs, the return of writs within certain Hundreds of the county of Tipperary, and of Elye O'KarroU, in the county of Tipperary j therefore, considering so antient and authentic a deed, it seemeth to us matter to induce us to think that the country of this Knight was at the time reputed and taken to be within the county of Tipperary, which we thought convenient to signify unto your Lordship, and we required Sir Charles to say what he could to the contrary j but neither by himself, or one Barnewall, his counsel, could he allege any thing, but desired time to consider further in Ireland, where he was to be forthwith informed why he should not be answerable to any process in the county of Tipperary, for he allegeth that the con- trary hath been heretofore by the Council of the realm decreed ; nevertheless, he showeth no proof, and, therefore, we have cause to think that Sir Charles and his tenants ought to be answerable at the assizes for that county for all matters of the pe^ce, misde- 1392.] CHANCERY, IRELAND. 233 meanors, felonies, and of like nature, unless the same appertain to 34 the Cross,(a) which the Archbishop of Cashel now before us doth not Elizabeth, claim, or else except there may be more sufficient matter in law "" produced by him for his exemption ; Therefore, if by some Act of Parliament since the grant produced by his Lordship, dated in the ninth year of the reign of King Edward the Third, or some other sufficient discharge in law, Sir Charles cannot show sufficient privi- lege exempting him from the county, we see not how he can chal- lenge the liberty he pretends ; yet, nevertheless, we think it requi- site that your Lordship and the rest of the Council do consider what Sir Charles can allege and produce of good matter and proof why he should not yield and submit himself to be of the said county, for before us he seemed chiefly to rest upon your report, and to pretend that his father, grandfather, and himself had always refused to be accounted of that county, though, on the other side they have been challenged for it, and contrarily the Earl alleges that he can show good proof, by continual execution of his liberty in Ely O'CarroU, that divers of his country were executed by order of law in the county of Tip- perary, and many processes sent out of the Chancery and other Courts to the sheriff of the county of Tipperary were executed within Ely O'Carroll; some also of Ely O'CarroU, as the Earl states, have sought justice at the sessions holden within the county of Tipperary against Sir Charles and others for offences committed in Ely O'Carroll ; • and it may be you have not seen such proof as the Earl has shown to us, which being made known to you, may induce you to be of (a) The Crosses or ChurcUands were exempted in almost aU cases from the most comprehensive grants to laymen, and the jurisdiction in them was exercised either by a seneschal appointed by the churchman, if it was erected in a liberty, or by the King's sheriff. — (Davies, 107.) In the collections of Christopher Cusake, who was Sheriff of Meath in the second year of the reign of Henry the Eighth (MSS. Trin, Coll. Dub. E. 3, 33), is an extent, giving the contents of the crosses in the several baronies -in Meath, Irryell (Louth), and Kildare, also aU the pollyes (free lands), in Meath. The extent of Meath is as follows (omitting the baronies) : — The Barony of Duleke, xxx*'- ii c iiii" and xwii*"- The Crosse of Duleke, xi c di. The Crosse of Eatoath, iiii c and xiii""- The Crosse of Donboyne, He. The Crosse of Deese, . ii c. The Crosse of Moyfenraght, . iiii c. The Crosse of Kenlys, . iii c. The Crosse of Margalinge, — The Crosse of Slane, . — The Crosse of the Nowane, iiii c et di. The Crosse of Serine, . iii c. iiii" and x""- The Crosse of Deltrine, i c. The Crosse of Fowre, . iiii c. The Crosse of Moyashill, — The Crosse of Maytheyra Demenane, ic. The Crosse of Carkary, — The Crosse of Meygrushe, — Summa — The Countie of Meath, iii'' carucates (or quarters), et xiii'- and xxx"' vii*"' The sum does not agree with the it^s, but it is here given as indicating Jhe proportion of the cross to the lay lands. the proport See volume I., p. 17. 234 PATENT AND CLOSE KOLLS, [1592. 34 another opinion. To conclude, we pray you that this controversy Elizabeth. ^^7 l^e duly heard on both points, and that nothing be therein determined in execution for either parties until you shall advertise us of your proceedings, and that which to you shall appear to, be agreeable to justice, so as Sir Charles may be ordered how and where he ought to answer to justice for himself and his country; so praying your Lordship and the rest to take order herein accord- ingly, we bid you hearty farewell. From the Court at Grreenwich, the last of April, 1592. Tour very loving friends, Jo. Canterbury. Wm. Burghly. 0. Howarde. H. Hundson. T. Buckhurst. J. Heneage. J. Wolley. Ro. CeciU. 30. The Lords of the Council of England to the Lord Deputy. " After our hearty commendations to your good Lordship. Whereas your Lordship received directions from her Majesty for cancelling an enrolment of the patent of the office of the Master of the Ord- nance, that was granted by Sir John Perrot, during the time of his government there, to his son. Sir Thomas Perrot, and afterwards given by her Majesty to Sir George Carewe, which, as we are informed, was accordingly performed ; but as Sir George doth give us to understand the fiat of the patent as yet doth remain uncancelled, it is thought meet, therefore, your Lordship shall give like directions to the Lord Chancellor of that realm, by virtue hereof, to cancel the fiat of that patent, that nothing may remain upon record to make any further question hereafter in that matter. Prom the Court at Green- wich, the last of April, 1592." Your good Lordship's very loving friends, Jo. Cant. H. Hunsdon. T. Heneage. W. Burghley. T. Buckhurst. Ro. Oecyll. C. Howard. Membrane 11. 31. The Lords of the Council of England to the Lord Deputy and the Council of Ireland, touching the undertakers of Munster. " Mr. Francis Barkley, one of the undertakers of the escheated lands, hath informed us that he hath been at very great charges about the peopling and inhabiting the lands, and the more to en- courage the tenants thereunto, is forced to his great hindrance to let them have large measure, for their good contentment, than con- veniently he may, by reason of the lands undertaken by him having been greatly overmeasured, and without that allowance of wood, bog, and other unmanurable land as by her Majesty's grants are to be allowed • he hath therefore made humble suit to us to have his lands again measured by such as were lately appointed by commission for remeasuring of the lands of some of the other undertakers ; and to have an allowance of wood, as by her Highness's patent is pre- scribed and set down. We have thought good to let you know that 1592.] CHANCERY, IRELAND. 335 we think his suit very reasonable, and do pray and require your . 34 Lordship to take order for the remeasuring of his land accordingly, -^" ^°-P6 tn> and that he have wood, bog, and unmanurable land allowed him in as large manner as any the undertakers in like case have had ; and so not doubting of your good care in the full performance hereof, we bid your Lordship and the rest very heartily well to fare. Prom the Court at Nonesuch, the 7th of August, 1592. Tour good Lordship's very loving friends, Jo. Puckeringe, C. C. Howard. T. Buckhurst. W, Burghley. ' F. Cobham. Ro. Cecyll. ' Elizabeth R. 32. The Queen to theLordDeputy and the Lord Chancellor; direct- ing that Richard Grafton should be confirmed in possession of his office of Sergeant-at-Arms of the provinces of Connaght and Thomond, to which he had been nominated by John PitzHenry, the late Sergeant, who, finding himself through some defects and infirmi- ties so decayed was unable longer to fulfil the duties of that office ; and as his attendance upon the governor of the province, both at sessions in the several counties, at hostings and journeys is very expensive, her Majesty desires, for his better mainte- nance and encouragement, he shall have the keeping of all the pri- soners who shall be bound to appear at assizes or sessions upon re- cognizance or other process, until such prisoners be discharged by order of the court. With the accustomed fee. — Greenmich, July 18, 1593, 34°. 33. The Lords of the Council of England to the Lord Deputy ; informing him that suit had been made by John Rawson, complain- ing that he could not have the £10 fee-farm granted to him in con- sideration of his good service, and the surrender of his lease for 31 years of the custom and toll of Athlone, and praying that he might have in lieu thereof some office or preferment of equal value. Their Lordships, acceding to his complaint, recommend the Lord Deputy to satisfy his request on the first occasion that should ofier, " that the poor man may in some good' sort be relieved according to his necessity." — Court at Greenwich, May 21, 1592. Signed, Jo, Cant. J. Hunsdon. T. Heneage. Wm. Burghley, T. Buckhurst. Ro. Cecill. 0. Howard. 34. Memorandum of Sir John Rawson on the loth June, in the thirty-sixth year of the reign of Queen Elizabeth, having presented the preceding letter to the council, and prayed that it might be en- rolled in Chancery. 236 PATENT AND CLOSE ROLLS, [1392- 34 Membrane 12. Elizabeth. E. Regina. 35. The Queen to the Lord Deputy and the Lord Chancellor; informing them that she had made choice of Sir George Carew, then Master of the Ordnance, to be Lieutenant-General of the Ordnance, in England, meaning thereby that he should leave the oflBce of Master of the Ordnance at her Majesty's disposal ; and for that office she had made choice of Sir George Bowercher ; her Majesty directs a patent to be passed under the great seal accordingly, to him and his deputies, with the usual fees, emoluments, and allowance of eighteen horsemen, at one shilling sterling each per day ; and that the office of Lieutenant-General which Sir George held in the King's County, with the entertainment of 13s. j^d. a day, should cease, as a charge superfluous; considering that her Majesty was charged with a constable of the fort and ward there, and the county at the time was governed according to the course of the law, like other counties in the pale. — Aldermerston, August 22, 1592, 34°. 36. The Lords of the Council of England to the Lord Deputy and the Council of Ireland ; directing them to order that Sir George Bourcher, Master of the Ordnance, should be paid out of the public revenue monthly, like the rest of the garrison, and that he should have as much favour in the performance of his office in all respects as Sir George Carew had ; and their Lordships direct the discon- tinuance of several unnecessary under-ministers in the office of the ordnance, such as the collar-maker, the boyer, and the fletcher, and in their places more useful men employed, such as an armourer, a stocker of callivers, and a calliver-maker ; and on the arrival of Sir George he shall obtain all things necessary for his office, and the inventory indented as was accustomed in former times. — Court at Bamsbury, the last of August, 1592. Signed, W. Burghley. T. Heneage. J. Wolley. J. Hundson. Ro. Cecyll. Membrane 1 3, 37 . Charter of Cashel. Rowland, Archbishop of Cashell, inspects the charter of Maurianus, formerly Archbishop, to the citizens, in these words : Maurianus, by divine mercy, and by the grace of the apostolic see. Archbishop of Cashel, to all to whom these presents shall come: Know ye, that we, of our special grace, have given and granted, and do give and grant, with the consent of the Dean and of the entire chapter assembled in the chapter house, and especially summoned to consult and treat concerning the benefit of his Archiepiscopality, or town of Cashel, to the provost and twelve burgesses of the town, who now are, or for the time being, our town of Cashel, which the most excellent Prince Henry, King of England, Duke of Normandy and Aquitain, Earl of Anjou, and Lord of Ireland, by letters patent, dated 15th November, in the fifteenth year of hi^ reign, granted tq 1592.] CHANCERY, IRELAND. 237 me (the Archbishop), my heirs and successors for ever, in free, 34 pure, and perpetual alms, acquitted of all charge, exaction, or secular Elizabeth. service; excepting and reserving to us, the bake-house and shambles of the town j also we have givenand granted, and by this present char- ter have confirmed; to the provost and burgesses who now are, and for the time being, for all and singular their animals, and those of their tenants, and of all persons within the town and its burgagery, inha- biting, and dwelling, free pasture in all our lands (excepting meadows, corn, and manors), and power and authority to hold there a hundred and court baron, to hear and determine the pleas and quarrels con- cerning the hundred and court in the town and burgagery, by the provost of the town for the time being for ever, as often as it pleased him ; To hold the town, pasture, hundred and court, with all their rights and appurtenances (except the bake-house and shambles) to the provost and burgesses, their heirs and successors, of us and our successors for ever ; rendering annually to us, out of the town and pasture, a chief rent of nine marks, and out of the hundred and court of the town, one mark Irish, by equal portions, at the feasts of the Blessed Michael and Easter for all services. And we truly, Maurianus, Archbishop, and our successors, with the consent afore- said, will warrant and for ever defend against all men, the town, pasture, hundred and court, with all their appurtenances (ex- cept as before excepted), to the provost and burgesses, and their successors for ever ; In witness whereof we have caused our seal, together with the seal of the chapter, to be affixed to these presents at Cashel, 12th of July, in the fourteenth year of the reign of King Henry (the Third, 1230). Now we, Rowland, Archbishop, deeming the charter, donation, and concession of Maurianus, our predecessor, grateful and acceptable, for us, our heirs, and successors, as much as in us lies, with the consent of the Dean and the entire chapter of the church of Cashel, assembled for this purpose in the chapter- house, approve, ratify, and confirm the town, pasture, hundred and court, and «very part thereof, to Maurice Carny, the present Pro- vost and the burgesses who now are, and for the time being, for ever, in the same manner as Maurianus, our predecessor, granted those things to them ; In witness whereof, &c., at CasheU, 19th October, in the year of our Lord, 1557. Signed, Rowland, Archbishop of Cashel. Thomas, Chancellor of Cashel. Philip, Archdeacon of Cashel. Richard, Treasurer of Cashel. William, Dean of Cashel. John Sale, Prebendary of Cashel. Hugh, Precentor of Cashel. Membrane 14. 38. Charter of Cashel, inspecting a charter of Richard II. (for the honour of Holy Mother Church, Saint Patrick, Patron of Ireland, and the improvement of the Provost and commons of the town), reciting that no law, justice, or good government, prevailed in any part about the town, but extortion, murder, robbery, and open war 238 PATENT AND CLOSE ROLLS, [1592. 34 were perpetrated by the Irish enemies and rebels in the town, so Elizabeth, that the provost and commons could scarcely keep the town, unless -• afforded some relief: in consideration of the premises, and as the pro- vost and his successors claimed to have within the town the fran- chises and burgageries thereof, these liberties, viz., sack,(*) sock, toll and theam, infangthef and outfangthef, pleas of manslaughter, murder, slaying of Englishmen, robberies, larcenies, duels with Englishmen and others within the town, franchises, and burgagery, the abjuration of fugitives and felons flying to holy church, liberty to take in their courts, fines and redemptions for felonies committed on their lands, to grant charters or pardons for felonies committed within the town and franchises at their will, to banish and outlaw felons in their courts, and to have day, year, and waste of their lands, tenements, and rents ; to appoint their own coroners to view and bury Englishmen and others drowned or slain by misfortune, without the King's coroner ; justification, correction, and punishment of all artisans and labourers within their lordships and manors, to take fines and redemptions from those convicted or found guilty in their courts ; and also pleas of the Crown, except four, that is to say, forestalling, rape, treasure found, and arson ; also they claimed to hold their courts, concerning all franchises, liberties, and privileges, to be held by their seneschall or seneschalls from time to^time, and to have the return and execution of all royal writs and precepts, summons, distress and attachments to be made within the lordships, manors and crosses of the archbishop- rick ; view of frank pledge and assize of wine, bread, and beer, of their standards and ells, weights, bushels, gallons, yards, and other measures and weights ; that the King's clerk of the market, and keeper of the measures, should not interfere in that office within the lordships, manors, and crosses of the archbishoprick, except once a year, to see and examine the standards ; also they claimed to take fines and corrections from their tenants, and to perform all that pertains to the ofiice of clerk of the market and keeper of the measures within their lordships, manors, and crosses ; to have pleas de vetito' narheo, and all manner of pleas to courts baron appertaining, in all their lordships and manors; that they, and all their men and tenants, should be free of toll, pavage, murage, pontage, lastage, stallage, scot, guild, common assistance, and common amercement ; to have free warren in all their lordships, manors, mountains, and lands, and wrecks of the sea in all their lordships, manors, lands, and coasts of the sea j pillory, tum- brellCJ and thewe in all their places and manors ; that they might (a) Sac, a royalty or privilege of holding a plea of trespass within a manor. Soc, signifies the power of holding a court irith jurisdictioU over the free soccagers or tenants of certain and honourable service. Thol, gave authority to take or he free from toll (as the case might he), within a manor. Theam, licensed the lordto hold plea over his bondsmen or villems in his court. Infanqhthef, gave jurisdic- tion to judge a thief talien withm the manor. Oiitfanghthef, is a liberty or privilege, used in the antient common law, whereby a lord was enabled to call any man dwelling on his manor, and talien for felony in another place, out of hia fee, to judgment in his own court. C") TuMBEBWi, an engine of puniBlunent which ought to he in every liberty that 1592.] CHANCERY, IRELAND. 239 excommunicate any person oppressing, or taking coyne, livery, foyes, _ 34 yaghtes, or depredations upon the tenants and inhabitants of the Elizabeth, diocese or crosses of the archbishoprick, within or without the ecolesi- astical liberty; power to fulminate sentences, excommunications, and interdictions, against all men alienating or exchanging, contrary to the will of the Archbishop, the manors, lands, tenements, rents, ser- vices, and temporalities to the church anciently belonging, without royal licence ; that they might receive and collect all manner of issues, profits, and temporalities of the bishoprick, according to the ancient records, rolls, and rentals of the temporalities anciently made, and remaining of record in the archives of Cashel : — ^the present charter, for increase of divine favour and benefit of Holy Church, with the assent of Adam, Lord Archbishop of Dublin, Primate of Ireland, and Sir Henry Wallopp, Vice-Treasurer at War, Lords Jus- tices, grants to William Tonge, Provost of the Town, and to the Commons of the Town, and their successors for ever, all the afore- said privileges, franchises, liberties, muniments, exemptions, court leet, and view of frank pledge, abjurations, and all other things above recited and expressed ; and further grants to the Provost and Commons, licence to purchase and possess lands, tenements, and hereditaments, of the annual value of £30; To hold to them, and their successors, for the use of the Provost and Commons for ever, without impeachment, impediment, or challenge. — Dublin, Feb. i o, 2 6°. [On the Plea Roll, Bermingham Tower, of the twenty -first year of the reign of King Edward the Third, is contained the following record referring to a charter of Henry the Third to the Corporation of Gashell, alluded to at page 236 : — Pleas at Glonmell, before Walter Be Bermingham, Justice of Ireland, Monday next after the quindene of Saint John tJie Baptist, in the twenty-first year of the reign of King Edward the Third from the con- quest of England, and of France the eighth. Tipperary to wit. — TheProvost,Bailiffs,and Commonalty of the town of Cashell dted : divers felons having been indicted 'in the court of the Lord the King for felonies by them committed against the peace of the Lord the King, were taken by the Sheriff and incarcerated in the prison of the Lord the King of Cashel for the reasons aforesaid ; and the Sheriff had orders to have the prisoners brought before the Justice at Clonmel to answer the accusations of which they Jiad been accused ; whereupon the Sheriff ordered them (the Provost and Com- monalty), on the part of the Lord the King, to come ivith him to Cldn- mel to assist in bringing the prisoners thither. This they refused to do, and would not come with him to bring the prisoners there, in contempt of the Lord the King, and to his injury of one thousand pounds, andso- forth. They come; and the question is, how they wish to acquit themselves hath view of frankpledge for the correction of scolds and unquiet women. — Kitchen, fol. 13. Thew. Theowes. The bondmen among our Saxons were called Theowes and Ernes, who were not counted members of the commonwealtb, but parcels of their master's goods and aubsta,uce.—Spelman, cap. 5. 240 PATENT AND CLOSE EOLLS, [1592- ^J tv, *'*'"'^''/. JViei/ say they do not know that they had any mandate iza^e . j^o„^ ^jig SJigrij^g^^ the part of the Lord the King to bring the pri- soners to Clonmel, nor had they done any thing in contempt of the Lord the King ; and they say that the Lord Henry, late King of England, progenitor of the Lord the now King, by his charter, for the intuition of God, and for the health of his soul, and the souls of his ancestors and their heirs, remitted and quitted claim for himself and his heirs for ever to the venerable Father Mav/rianus, Archbishop of Cashel, and his successors, the contention and claim [which he had - made on the ArcJibishopJ concerning the new town of Cashel, and also granted the same town, with its appurtenances, of him the said Henry a/nd his heirs; to hold to the aforesaid Archbishop and his heirs, in free, pure, and perpetual alms, free from all exaction and secular service ; and here in court they produce the charter in these words : — " Henry, by the grace of God, King of England, Lord of Ireland, Buke of Normandy, Acquitaine and Earl of Anjou ; to all archbishops, bishops, abbots, priors, earls, barons, justices, foresters, sheriffs, provosts, ministers, and all his bailiffs and faithful subjects, greeting. Know ye that we, for the intuition of God, and for the health of our soul and the souls of owr ancestors and heirs, have remitted and quitted claim for us a/nd our heirs for ever to Father Maurianus, Archbishop of Gashel, and his successors, the contention and claim which we had made against the Archbishop . . . upon the new town of Cashel; and we have granted the same town, with its appurtenances, henceforth of us (and our heirs^ : 'to hold to the said Archbishop and his successors, in free, pu/re, and perpetual [alms'], free from all ex- action and secular service; wherefore we will and firmly enjoin that the Archbishop and his successors may Jmve and hold the town, with its appurtenances, of us and our heirs in free, pure, and perpetual alms, as is aforesaid : these being witnesses — the venerable Fathers John, Bishop of Bath ; Thomas, Bishop of Norwich ; and Walter, Bishop of Carlisle; H. Be Burgo, Earl of Kent; Justice .... Hugh Be Neville, Philip Be Albyneau, Badulph Be Twrberville, Badulph, son of Nicholas, . . . our Seneschall; John, son of Philip ; Richard, son of Hugo ; and others. Given by the hands of the vener- able Father . . . Bishop of Chester, our Chancellor, at West- minster, the i^th day of November, in the . . year of our reign." And they say that by virtue of this charter they were released from all secular exactions contrary to the tenor of their charter.] Membrane 16. Elizabeth B. 39. The Queen to the Lord Deputy and the Lord Chancellor, requiring a lease in reversion or possession to be made to William Taaffe of lands in the province of Connaught, of the value of £30 a year. — Qreenwich, July 6, 34°. 1592.] CHANCERY, IRELAND. 241 E. Regina. 34 40. The Queen to the Lord Deputy and the Lord Chancellor ; Elizabeth, stating that she had been made acquainted by her Council with two petitions which two of the Cavenaghs had sent to them ; the first, touching Dowlin M'Brian Cavenagh, to surrender his lands with those of his freeholders and followers, which her Majesty was pleased to accept ; the second, wherein he complains of the farmer of the manors of Fearnes and Cloughamon, touching several orders therein specified ; her Majesty desires the Lord Deputy with the Justices of both Benches to call before them the farmer and others inter- ested in those manors, and on examination and understanding the truth of the matter, they shall make a final determination and order for the reversal of the offices (inquisitions) if it should be found con- venient; and in consideration of his loyal service in Ireland and in the Low Countries, her Majesty grants Cavanagh a pension of two shillings and sis pence per day. " Touching the petition of Donell Cavenagh to surrender his lands, we are pleased that you, our Deputy, accept his surrender for our use, and to re-grant the lands to him and the heirs male of his body, or the body of his father, in form of law ; and since the time of his coming to our obedience he hath behaved himself loyally and dutiful, and done us acceptable service, in consideration of which, for his better encouragement, we are pleased to grant him a pension of 2s. 6d. a day ; and as to the title which he pretends to some of our castles and manors, though we acknowledge no such matter, yet you shall do well to accept of him a surrender or release of all his right and title thereto. And if there shall be any other of our subjects of the Irishrie there who shall sue for surrenders to be taken of their lands in order to have them re-granted to them, we think it convenient, and our pleasure is, that you shall proceed to accept their surrenders and to pass grants to them again of the same lands under the great seal, with such limitations and reservations as are contained in the in- structions forwarded to you, and contained in a letter to you touch- ing the granting of the country of Monaghan to the Septs of the M'Mahounds (M'Mahons), in January, 1590." — Manor of Green- wich, July 18, 34°. Postscript. — " Upon a later request made by the parties, we are pleased that the estates to be made to them shall be in fee-simple, to them and their heirs." Patent Roll, 35° Elizabeth. — 1593. 35 Prima Pars. ^"^^*'^*^- Elizabeth R. t. The Queen to the Lord Deputy and the Lord Chancellor ; in- forming them that the Earl of Thomond had made humble suit to have a longer estate iu the Manor of Ardmolghan, and 60 acres in VOL. II. R 242 PATENT AND CLOSE EOLLS, [1593. 35 Harreston Barrets in the county of Meath, that he might build a con- Elizabeth, venient house for his residence when he should have occasion to attend Parliament or the Council at Dublin ; to which her Majesty having acceded, she directs letters patent to be passed to him and the heirs male of his body of the manor and lands in question ; To be held in capite by knight's service. — Witney, Sept. 18, 1592, 34°. Elizabeth E. 2. The Queen to the Lord Deputy and the Lord Chancellor; informing them that suit had been made to her Majesty by her loving subject Garrett O'Parrall, for the relief of his poor estate, in consideration of his maims and hurts received in the wars ; her Majesty directs a pension of 2s. 6d. a-day to be granted to him. — AldermerstonB, August 23, 1592. Membrane 2, 3. The Lords of the Council of England to the Lord Deputy ; " After our right hearty commendations to your Lordship and the rest: Whereas John Newton, an antient servitor, informs us that he hath been wrongfully thrust out of the lands of Aghrim, the Grange and Arnesadle, which of long time he held by demise of Nicholas Fitz Symons, of Dublin, having been at great charge in building and drawing tenants to inhabit the lands, which till that time had been for a long season waste and uninhabited, by means of the daily preys and spoils of those barbarous and rebellious people that are neighbours of the same ; and Newton doth inform us that, having gotten notice and intelligence that a greater parcel of these lands, and the rents thereto belonging, were concealed from the Queen, he procured of Sir John Perrot a grant of a lease for 2 1 years, to be made to him of concealed lands of the Value of £20 a-year ; and afterwards by inquisition and office he did entitle her Majesty to divers parcels of the value of sixty pounds and upwards, amongst which were the lands of Aghrim, by his very great labour, and at his great cost and charges; of all which lands Sir John Perrot, not- withstanding the former grant to Newton, hath made a demise to one Thomas Crumpton, who was his servant, and who by violence put Newton out of his dwelling and lands, and spoiled hiin of his goods and household stuffs ; her Majesty's pleasure is, i?i coiisidera- tion of Newton's long and good service, and the equity of his cause, that the Lord Deputy and the Council examine the case, and, finding any way, by law or equity, whereby it may be dpne (for in con- science we think him to have been wronged), to restore Newton to his lands, or so much as shall sufficiently recompense him for all his losses as well those which have been bestowed heretofore in building and defending her Majesty's lands and title, as those which have been sustained about the inquisition and other great costs of suit at kw, of his attendance here, as also of his goods, corn, cattle, writings, and household stuff, which Crumpton, at_ the taking of possession, and since, hath taken from him ; of which he has the 1593.] CHANCERY, IRELAND. 243 whole reckoning ready to be shewn in a schednle ; and because 35 Newton had acknowledged a bond for £500 to Crumpton, for the Elizabeth, delivery of the possession of the lands to him, which bond being procured by force and compulsion, Newton repaired hither and obtained letters from us in his behalf, that no advantage should be taken of the bond, and yet, notwithstanding our letters to your Lordship for its cancellation, it is still remaining with him, and ready to be put in suit for his advantage, who, in contempt of our letters, and for the frustration of our requests, stole away here into England, when he should have answered the cause ; we pray you for these respects to take order that Crumpton may be compelled either to cancel or give up the bond, because in reason we think that Newton ought in no way to be endangered or damnified thereby. So we bid you heartily farewell from the Court at Greenwich." — June 29, 1592. Your very loving friends, Jo. Puokeringe, C. S. W. Burghley. Ro. Cecyll. Cobham. T. Heneage. H. Hunsdon. T. Buckhurst. C. Howard. J. Wolly. Portescue. 4. Memorandum endorsed upon the petition of Captain Greene O'MuUoy, and others. — " Referred to Sir Robert Gardiner and the Barons of the Exchequer to examine the indirect dealing of the parties within complained of ; and in the meantime the officers of the Chancery and Exchequer to make stay of accepting the office (inquisition) returned by Henry Eyland and John Borchall, which was taken at Roscommon about the last of March, touching certain lands belonging to Greene and others, which prohibition was this day in Court ordered as a caveat for the officers of the Chancery for not accepting the aforesaid office." — May ig, 1593. Memhrane 3. 5. Decree in a suit between Edward EitzSymon, son and heir of Thomas EitzSymon, and John Caddie, touching a sixth part of the lands of Rathwerd, parcel of the estate of John Browne, attainted, and which had come to the crown by virtue of two offices (inquisi- tions.) — Injunction to the Mayor of Limerick to put the decree in execution, under the privy signet of the province of Munster. — December i, 1592. Membrane 4. Elizabeth R. 6. The Queen to the Lord Deputy and the Chancellor ; directing a lease in reversion for forty years to be passed to Pierce Butler EitzBdmond, of Roskrea, in the county of Tipperary, of lands of the Value of £40 a-year. — Hampton Court, Nmmber 39, 35°. veil. II. B 2 244 PATENT AND CLOSE ROLLS, [1593. 35 . Membrane 5. EUzabeth. Elizabeth E. 7. The Queen to the Lord Deputy and the Chancellor; informing them that the Archbishop of Cashell had made suit to surrender so much of his fathers lands as were called Termon Magrathe and Termon Imogen, in Ulster, in the occupation of his father ; her Majesty, desirous to accept the surrender, commands the Deputy to ascertain in what manner the petitioner should be contented therewith ; to communicate the Archbishop's request to his father, ascertain what estate of inheritance he will require, proceed to reduce the land into English tenure, and make a regrant thereof as desired. — Manor of Hanworih, August 9, 34°. Elizabeth R. 8. The Queen to the Lord Deputy and the Chancellor: "We, in the 24th year of our reign, granted unto Milerus, Archbishop of Cashell, in commendam, by reason of his poverty, all the profits, as well spiritual as temporal, belonging to the Bishopricks of Lis- more and Waterford, then void ; to bold the same during our pleasure, until he might be better provided for in the maintenance of his estate ; but after that time, upon suggestion made unto us that the Bishopricks of Lismore and Waterford were void, we named one Thomas Wetherhead to be Bishop of these sees, whereby our former grant in commendam was disannulled, and the Archbishop deprived of any recompence to maintain his estate according to the meaning of our former grant ; now, understanding that those sees are void by the death of Wetherhead, we are pleased to make a new grant of the Bishopricks of Waterford and Lismore, with all the profits and jurisdictions, both spiritual and temporal, to Milerus, Arch- bishop of Cashel ; To hold for life ;" and the Lord Deputy is enjoined in all <5ases requisite, to give him his best assistance for recovery of any thing that may have been unlawfully detained from those sees. — Manor of Eanworth, August 9, 1592, 34°. Elizabeth R. 9. The Queen to the Lord Deputy and the Chancellor : " The Archbishop of Cashel hath been here of long time, following cer- tain suits for his Archbishoprick, and hath been upon many occa- sions employed here for our service, to our contentation ; we will that you shall not cause any penalty by our laws to be imposed on him for his coming out of that realm without licence, of which law he pretends some ignorance before his coming thence ; and as he hath a lease in his own right of the priory of Tome, arrented at £11 us. 4d., Irish, wherein he hath but few years, he prays for an enlargement of his term, in consideration of his having built thereon; we authorize you to make a new lease for 31 years over his present term ; further, he alleges, that the College of Cassills (Cashel) is, for want of antient evidence to maintain their mortmain, likely to be imperilled, by some persons greedily seeking the same by way of 1 593-] CHANCERY, IRELAND. 345 concealment, as he says divers persons Lave already sought to do 3J against the Church of Cassils, and therefore requires from us some Elizabeth, confirmation of their former estate, to avoid the title of concealment; we will that you examine the allegation, and, finding it to he true, you cause a grant to be made, in form of law, to the Dean and Chapter of the College, for continuance of them in their former possessions, and to foresee that no further diminution be made of the possessions by concealments, or such like title without our special warrant. Of late we, by our letters, declared our pleasure to be that the Arch- bishop of Cassils should have the Bishoprick of Waterford and Lis- more, we now understand from report that you have conferred the same upon one John Monghan ; we know not by what authority you should do so, nevertheless, if any warrant hath passed from us, which we do not now remember, and you have so conferred the same, that the Archbishop cannot have the two Bishopricks, then our pleasure is, and so we warrant you by these presents, to make a grant to him of the Bishopricks of Clogher and Kilmore, in lieu of Waterford andLismore. — Adermerston, August 22, 1592, 34°. Membrane 7. 10. FeoflTment whereby Edmond Delamere, of the Rath, in the county of Westmeath ; John Delamere, of the same place ; John or Shane Delamere, of the Corry; Richard Delamere, of Rathorne ; and Maurice Delamere, of the Straide, in the county of Westmeath ; granted and conveyed to John Kiernan, of Perseadeston ; Maurice Ledwitch, of Jowanston, in the county of Westmeath ; and William O'Quyn, of Kilglash, in the county of Longford ; the lands of Straide and Rathorne, with all privileges, charges, and rents issuing out of the three carucates and a half of land in Moyracry, and two carucates in Rosse ; To hold in trust for the use of Edmund Delamere, John, Richard, and Maurice Delamere, their heirs and assigns, of the chief lord of the fee by the service thereout due and of right accustomed, according to the intention and efiect endorsed on the deed. — Mai/ 12, 1587, 29°. 11. Intent of the preceding feofiment : namely, that the feoffees shall be seized of the lands in trust for the use of Edmond Dela- mere for life, with remainder to his heirs male, with several remainders over. Witnesses, Edmond M'Cavy, -\- his mark ; Carrogh O'Brody, -\- his mark. — " Those two men's names are strangers, and Breny men." — Doughe O'Ferall, -|- his mark. — This Doughe is of Kilglass, in the county of Longford. 12. Feoffment whereby Thomas Dalton, of Myltowne, in the county of Westmeath, gave and granted to Barnaby MacGeoghe- gane, of the Carne, in the same county; and Thobald Dalton, Rector of Rathecownerte, the lands of Paynestowne, in the county of Westmeath ; To hold for ever, of the chief lord of the fee by the service thereyut due and of right accustomed. — Nov. 2, 1578, 246 PATENT AND CLOSE ROLLS, [1593. .35 i^. Intent of the preceding feoffment : namely, that the feoffees Elizabeth, shall be seized of a moiety of the lands, in trust for the use of Oliver Dalton, son of Thomas Dalton and Margaret Ny Geoghegane, his wife, during the life of Thomas, free from rent and other impo- sitions : and shall he seized of all the lands for the use of Margaret Ny G-eoghegane, if she survive the said Oliver ; with several other uses and limitations. Membrane 9. Elizabeth R. 14. The Queen to the Lord Deputy and the Lord Chancellor : " Right trusty and well beloved, we greet you well. There are three offices of justice now void in our realm, that is, the office of Chief Baron of the Exchequer, Master of the Rolls of Chancery, and Chief Justice of our Common Pleas ; we have found it convenient for our better service in every of those places to have men learned in our laws and of the English nation, most indifferent and void of affection in judgments towards our subjects there, with whom the former officers were commonly allied by blood, or other parti- cular bond of private friendship ; therefore, have made choice of those three persons, being recommended specially unto us for their learning in our laws, and for other qualities requisite for those places, that is to say, Robert Napper, of the Middle Temple, to be Chief Baron ; Anthony Sentleger, esq., to be Master of the RoUs ; and William Weston, to be Chief Justice of the Common Pleas, in place of Sir Robert Dillon ; therefore, we will and authorize yon, by these our letters, to be recorded in Chancery, to cause letters patent to be made to every of the persons above named under our Great Seal, constituting them to have, use, and exercise the several offices during pleasure, every of them to have and enjoy all the fees, commodities, and profits to the offices belonging, from the feast of the Annunciation of our Lady last past ; and for their better main- tenance in their estates, being strangers in that realm, we have ordered that upon composition made by the Bishop of Leighlin, being also Dean of Saint Patrick's, for the fine assessed upon him in our Star Chamber at Westminster, he shall pay to us, to be deli- vered to every of them, 100 marks yearly, in four quarterly feasts, as by his deed in Chancery shall appear to you, and which is sent to be also enrolled there j to the payment whereof we will you to have regard that the same may be answered to us for the three officers, over and besides all other ordinary fees due to the offices ; and for the furtherance of our service in matters of estate, we will that every of them be admitted to be of our council, as the former were ; and for the assured placing of WiUiam Weston in the office of Chief Justice of our Common Pleas, we think it convenient that Sir Robert Dillon shall surrender his interest in that office, which we hear to have been granted by letters patent during life, a mat- ter not allowable in any such office." — St. James's, April 10, 1593, 3S°- I593-] CHANCERY, IRELAND. 247 15. The Lords of the Council in England to the Lord Deputy ; 35 " after our right hearty commendations to your good Lordship, and Elizabeth. the rest, her Majesty hath signified unto you, by her own letters, her especial choice made of Sir William Weston, Sir Anthony Sent- leger, and Sir Robert Napper, Knights, very sufficient persons both for learning and otherwise, to supply the places of Chief Justice of the Common Pleas, Master of the Rolls, and Chief Baron of the Exchequer, in tha.t realm, and are now purposely sent over thither ; these shall be to let you know that for their better main- tenance in their several callings, besides the ordinary fees, there is a certain grant made by the Bishop of Leighlin, as Dean of Saint Patrick's, In lieu of the fine imposed on him in the Star Chamber here, to pay 300 marks a year, English, to her Majesty, out of the Deanery of Saint Patrick's, and is meant for the increase of the fee of those three officers, 100 marks to each of them, which grant we have caused to be enrolled here in Chancery, and do send the same unto you, to the end you may cause the same also, with these our letters, to be enrolled in Chancery and Exchequer there, that the 300 marks may be duly paid unto them, according to the tenor of the grant J and for default of payment, they may make seizure of the deanery in like sort as her Majesty may do by virtue of that grant ; her Highness is also pleased they shall receive the antient fees belonging to those offices out of the Exchequer, to be allowed them out of the revenue of that realm from the time of the last vacancy of the offices, and to continue during the time they shall continue therein. " It is likewise her Majesty's pleasure, for their better countenance and support of charges, that each of them shall have allowed unto them three footmen and three horsemen, out of such bands as you shall think they may best be spared ; which, notwithstanding, they have promised to see readily furnished at all time^ to be employed in her Majesty's service, at your Lordship's direction. Ton will, therefore, do well, to cause the Clerk of the Cheque to receive the names of those eighteen persons to be allowed them, and to in- sert the same on the muster roll of the band whereout they shall be taken. And because the gentlemen are strangers in that realm, and the hiring of convenient houses will be chargeable unto them, we have thought good to pray your Lordship to take order that the houses in Dublin belonging to Master Dr. Bancroft and JIaster Atye, both of them remaining here, be taken up and appointed to the use of those officers, and that you make choice of a third house for like purpose of some other of the church who is likewise non- resident, whereof we are informed there are over many living out of that realm : all which our meaning is that these gentlemen shall have without paying any rent." " Moreover, her Majesty is pleased, for their better help and ease in housekeeping, if any of her Highness's lands are or shall be out of lease, lying conveniently in the pale, meet for their provision, that they shall be preferred to have so much of these lands as let at iEioo per annum, paying the accustomed rents ; To hold and enjoy 248 PATENT AND CLOSE EOLLS, [1593. 35 the same during tlie time only of their continuance in those ofiBces ; Elizabeth, and also for this purpose they shall have of the port corn and rent beoves, in like sort, sufficient for their house, to make the best benefit thereof, at the usual rent ; and if at any time there shall be occasion to employ them on circuit, commission, or other extraor- dinary afiairs abroad in the country, we think it reasonable, and do require your Lordship that they have such allowance as have been accustomed to be given to others in like places, and for like ser- vice ; and that such monies as shall be allowed them at any time by concordatum, be paid out of the Exchequer, and the sum of £30 sterling be likewise paid them immediately upon receipt hereof, to each of them .£10 for their transportation ; so recom- mending these gentlemen unto your Lordship's good favour, we wish your Lordship and the rest heartily well to fare. Postscript. — For the avoiding of any doubt or difference that may grow for matter of precedence, her Majesty's express pleasure is, that your Lordship shall take order that every of them have such place and rank in council and otherwise as their immediate predecessors lately had, and not otherwise. Your Lordship's very loving friends, Jo. Cant. Jo. Puckering, Cane. Essex. H. Derby. C. Howard. T. Knollys. J. Hunsdon. Ko. Cecyll. J. WoUey. J. Fortescue. W. Burghley. Croydon, May 6, 1593. Membrane 10. 16. Indenture whereby Richard, Bishop of Leighlin, Dean of Saint Patrick's Cathedral, in consideration of the release of a fine of £2,000, imposed on him by the Court of Star Chamber, gives and '^ grants to her Majesty an annuity of 300 marks, issuing out of the lands and possessions of the deanery : To hold for ten years ; and the Bishop binds himself in the sum of £200 to pay the annuity at the times and feasts in the deed mentioned.— ilfarcA 24, 35°. Sealed and delivered the 24th March, to Eoger Wilbraham, Solicitor of the Queen, for the use of her Majesty, in the presence of Eoger Wilbraham, Nicholas Blount, C. Bancrofte, John Evans, Ed. Eawsorne, Francis Duff. 17. Ordkes to be presented to the Lord Deputy and Council of Ireland, by the three officers now sent into Ireland, that is to say" Sir William Weston, Knight, Chief Baron of the Common Pleas; Sir Anthony Sentleger, Knight, Master of the Eolls ; and Sir Eobert Napper, Knight, Chief Baron of the Exchequer; agreed upon by the Lords of her Majesty's Privy Council, the 4th day of May, 1593, for the furtherance of her Majesty's Service in the matters hereafter following, viz. : — " All officers of the Courts of King's Bench, Chancery, Common I593-J CHANCERY, IRELAND. ^49 Pleas, and Exchequer, may take their oaths for their obedience, 35 together with the three Councillors now sent over for the Common Elizabeth. Place, Chancery, and Exchequer, according to the statute in that case provided, and such as shall refuse, may for a time be suspended, and after, if they conform not themselves, be displaced ; and so the statute of annoj secundo Reginsa Elizabethse, touching ecclesi- astical matters is to be in like manner observed." Item : To have a provisoe inserted in all grants of wards, that they may be brought up in learning, religion and English habits by the grantees, or else the grant to be void, upon finding the same by office. That none hereafter bear office as Sheriffs, Escheators, or Senes- chals, but such as do come to church, and upon tender, take the oath of obedience to her Majesty, according to the statute, and such as refuse shall be displaced. That no new officers whatsoever be placed in any office unless they be first sworn to the effect aforesaid. That special regard be had for reservation of tenures, in capite, upon new grants to be made in fee simple or fee farm, unless there shall come a special direction from her Majesty to the contrary, and cause therein expressed why the tenure should be changed. That diligent care and examination be had of such assurances as are usually made there to defraud her Majesty of her wards. That the same course may be held for tender of liveries, and for bonds to be taken for the mesne profits, as is accustomed here in England. That in the commission for letting and setting her Majesty's lands and wards, the Chief Baron of the Exchequer may be also of the quorum; for very small fines are now made to her Majesty's use, as she is informed. That no custodiam pass, but an entry thereof and of the rent reserved, be made of record; and bonds of the party, to answer the rents for the same, put in charge with the auditor; for some- times they pass under the privy signet, and so are not known. That the ordering and stalling of her Majesty's debts and revenues may be hereafter left to the Lord Deputy, so that it be with the privity and assent of the principal officers and barons of the Ex- chequer, as is used here in England; for some prejudice grows to her Majesty by the contrary usage, as she has been informed ; saving such power to the Barons for stalling of small debts, as heretofore hath been used. That the book of orders, signed with her Majesty's sign manual, under the great seal, and the latter directions sent by the Council, be put in execution without interruption. That the auditor make a profit book of the whole revenue of Ireland, for the better information of the court, expressing in the margin every charge, and the time of payment, after every feast ; leaving sufficient blank paper at the end of the book, whereby the rents will be the sooner known and recovered, easier found, and ago PATENT AND CLOSE ROLLS, [1593- 35 the increased rents better appear to her Majesty's certainty, and to Elizabeth, the comfort of her Highness' officers. Because there is a special act of parliament there, that no process, under great pain to the clerk, shall be sent out of Chancery if there be any discharge there of record, that the auditor discharge or defalke nothing of himself, unless the same shall be confessed or allowed by her Majesty's Attorney-General, and by the same court, and a record made thereof in the Chief Remembrancer's Office, in which case the auditor shall set down a note of the record and number of the roU. That causes properly determinable in her Highness' Exchequer of England may be likewise determined in the Exchequer there, a.nd not before the Deputy and counsell, or elsewhere, unless the Deputy will be pleased to sit in open court in the Exchequer, and the Chief Justice of the King's Bench be also present at the hearing of the causes. The Lord Chancellor shall cause all process out of Chancery to pass under the seal, and not cause men to appear in Chancery upon letters or private precepts. That generally all causes determinable in the Court of Chancery, King's Bench, Common Pleas, and Exchequer, may be heard and determined in those courts, according to the laws and customs of the courts, and not be drawn to be heard and ordered by the Lord Deputy and Council, except in such special cases as the heads and principal officers of the court shall think convenient for any special respect, in furtherance of justice." Jo. Cant. Jo. Puckeringe, C.S. Essex. C. Howard. W. Burghley. J. Wolley. Hounsdon. Ro. Cecyll. Membrane, 11. By the Queen. 18. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in possession or reversion for 31 years, to be passed to Captain John Newton, of lands of the value of £30 a year, in consideration of his service in the wars. — Saint James's, March 20, 35° Memorandum that John Newton, on the i ith of September, in the 35th year of the reign of Elizabeth, came into Chancery, and producing the preceding letters patent, prayed that they might be enrolled in Chancery, which was accordingly ordered. By the Queen. 19. The Queen to the Lord Deputy and the Lord Chancellor ; stating she had been informed that one Edward Edgeworth, pro- fessor of Divinity, had for a long time, in custodiam, the bishopricks of Down and Connor, where he took great pains to instruct the ignorant people in Ulster, when there was no other person in that 1593.] CHANCERY, IRELAND. 251 . whole country to preach or exercise any ecclesiastical jurisdiction; 3J her Majesty therefore directs the Lord Deputy to proceed to the Elizabeth., admission and installation of Edgeworth into the bishopricks ; and in consequence of the poverty of the see, he is to retain, in com- mendam, the livings at present in his possession. — Last of July, 35°. Memorandum that Edward Edgeworth, on the i8th of September, in the sgth year of the reign of Elizabeth, came into Chancery, and producing the letters patent above mentioned, prayed that they might be enrolled in Chancery, which was accordingly ordered ; and also the letters patent of James Meaghe and Alexander Cosby. 20. Surrender by Sir Robert Dillon, Knight, of the oflBce of Chief Justice of the Court of Common Pleas in Ireland, in obedience to the directions of her Majesty contained in her letter, dated loth April, in the 35th year of her reign, in which her Majesty declares her wiU to be in these words, " And for the assured placinge of William Weston to have the place of Chief Justice of our Com- mon Pleas, wee thinke it convenient that Sir Robert Dillon shall surrender his interest in the said place, which wee heare have bim granted by letters patent during life, a matter not allowable in any such office." — Oct. 5, 35°. Memorandum of Sir Robert Dillon having, on the day in the pre- ceding article mentioned, come before the Lord Chancellor acknow- ledging the preceding surrender, and every thing therein con- tained. Membrane 12. _ 21. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in reversion for 45 years to be made to Francis Shaen of the manor and castle of G-ranard, in the county of Long- ford, of the annual value of .£27, which at his charge had been re- covered from one of the O'Perralls ; of the priory of Clare, other- wise Loughseaudy, in the county of Westmeath, of the annual value of £18 ; and of the parsonages of Granard and Strade, of the value of £13 I OS. — Wimdsor, August 25, 35°. Memorandum of Prancis Shaen, on the 30th October, in the year aforesaid, having come into Chancery, and producing the letters patent above mentioned, prayed that they might be enrolled in Chancery, which was accordingly ordered. 2 2. The Queen to the Lord Deputy and the Lord Chancellor directing a lease in reversion to be passed to Lodovyck Briskett for 50 years, of lands of the annual value of £40; in consideration of his services for 18 years and more, during which time he honestly and painfully acquitted himself in her Majesty's service ; and also the reversion of certain lands and possessions in the Queen's County in the hands of Antony Hungerford, the reversion of which belongs 253 PATENT AND CLOSE EOLLS, [1593- SS to the crown in default of his heirs male ; her Majesty being credibly Elizabeth, informed "that Hungerford hath not now any such issue, neither is he like to have, by reason of some infirmities and weakness of body whereunto he is growen." — Oatelands, the last of June, 1593, 35°. Memorandum of Lodovyck Briskett, on the 30th October, in the year aforesaid, having come into Chancery, and producing the let- ters patent above mentioned, prayed that they might be enrolled in Chancery, which was accordingly ordered. Membrane 13. 23. Commission to Adam, Lord Archbishop of Dublin, Lord Chancellor, to tender and administer, to all the officers and ministers of the Court of Chancery, the oath prescribed by the statute made in Ireland in the second year of her Majesty's^ reign, entitled " An Act restoring to the Crown the antient jurisdiction over the State, ecclesiastical and spiritual, and abolishing all foreign power repug- nant to the same ;" — to accept the oath of such of the officers and ministers as were willing to take it in the court publickly in term; to record in court the names of the officers who should comply, and the names of those who should peremptorily or obstinately refuse. — Dublin, JVov. 4, 35°. 24. The Queen to the Lord Deputy and the Lord Chancellor, directing a lease in reversion for 2 r years to be made to Richard Brett, of Tullock, in the county of Meatli, of the rectories of Rath- molean and Killegonogan, parcel of the priory of Kilmaynham, in the same county, of the annual rent of £31 los. ; and in the event of those rectories having been already granted to other parties, her Majesty directs lands of an equivalent value to be given him. — Castle of Windsor, August 4, 35°, 1593. Memorandum of Richard Brett, on the 15th of November, in the year aforesaid, having come into Chancery, and producing the letter of her Majesty above mentioned, prayed that it might be enrolled in Chancery, which was accordingly ordered. 25. The Queen to the Lord Deputy and the Lord Chancellor, informing them that the Viscount Barry, having in the late rebel- lion associated himself with the traytor, the Earl of Desmond, was afterwards received on his submission, in the time of the government of Lord Gray, upon condition of a fine of £500, being acknowledged by him for his offences to the Deputy and Council ; the payment of which being respited, her Majesty, desirous to relieve one Florence M'Carthy, who deserved some gracious consideration, directs the fine to be bestowed on him ; and upon receipt, to cause the record thereof to be sought for, and proceedings taken by eschaet or other process in the Exchequer to recover the amount. — Castle of Windsor, Augmt 8, i593} 35° I593J CHANCERY, IRELAND. 253 Memorandum of Florence M'Carthy, on tbe i Sth November, in the 3s year aforesaid, having come into Chancery, and producing the letter Elizabeth. of her Majesty above mentioned, prayed that it might be enrolled in Chancery, which was accordingly ordered. . 26. Inquisition taken at Toughall, in the county of Cork, the 5th of September, in the thirty-fifth year of the reign of Queen Eliza- beth, before Arthur Hyde, Arthur Corrye, and James Bluck, Mayor of the city of Toughal, finding that the lands of Coolcam is parcel of the twenty-four carucates of land of Kilmore, in the county of Cork, late the possessions of David Bncorigg, attainted in the rebel- lion ; that Eatbevyrrynan is likewise parcel of the twenty-four caru- cates of Kilmore, late the possessions of the said David ; and that one Gerrot M'Shane and his grandfather were possessed of Coolcam, paying thereout to the Lord of Kilmore 6s. 8d. a year, the custom called "coyne and livery," and other impositions ; but by what tenure the jurors were uninformed. Membrane 14. By the Queen. 27. The Queen to the Lord Deputy and the Lord Chancellor, informing them that in May, in the 24th year of her reign, her Ma- jesty bad granted to John FitzBdmond Gerrald, of the Cloyne, in the county of Cork, for his good service, one hundred marks Irish a year, out of the attainted and eschaeted lands in Muuster, the benefit of which he had not hitherto received; her Majesty there- fore directs that the lands and possessions to which he pretends a title in fee-simple should be granted to him, his heirs and assigns, in form of law, as parcel of the one hundred marks of eschaeted lands ; To be held of her Majesty by knight's service, in capite. — Manor of Nonesuch, last of JvZy, 34°. Memorandum of John PitzEdmond Gerrald, on the 15th Novem- ber, in the year aforesaid, having come into Chancery, and produc- ing the letter of her Majesty above mentioned, prayed that it might be enrolled in Chancery, which was accordingly ordered. 28. The Queen to the Lord Deputy and the Lord Chancellor. " Whereas the bishoprick of Limerick hath been void of a bishop some good time, and the same being very necessary to be supplied, considering the situation thereof between the provinces of Munster and Thomond, we have, though there hath been some suits made for others for that place, made choice of Doctor Thornburgh, our ordinary chaplain and Dean of York, to be placed in that bishoprick ; persuading ourselves that he will, both by his learning and zeal in our service, supply the same charge to the benefit of the church and the increase of knowledge in true religion and civility in our people there ; and when he shall be duly possessed of the bishoprick, we require you to admit him as one of our council in Munster and Gonnaught." — Windsor, Sept, 20, 1593, 35°. 254 PATENT AND CLOSE EOLLS, [1593- 35 28*. Memorandum of Egidius Silvester, on the 24tliJaniiary,in the Elizabeth, gg^jj ygg^p of the reign of Queen Elizabeth, having come into Chancery, and producing the letter of her Majesty above-mentioned, prayed that it plight be enrolled in Chancery, which vras accordingly or- dered. 29, The Lords of the Council in England to the Lord Deputy. " After our hearty commendations : It hath pleased her Majesty to make choice of the Dean of York, her ordinary chaplain, to be placed in the bishoprick of Limerick, in recompence of his services done here, persuaded that he will supply the same charge to the increase of knowledge, true religion, and civility in her Highness' people there ; these are to desire your Lordship, that his election, and other needful rites which may be performed for him before himself come, may be done in his absence to the same effect as if he were present ; and because it hath pleased her Majesty to bestow on him the whole fruits and benefits of the bishoprick since the death of the last incumbent, therefore are we moved the rather to write for him, assuring your Lordship that he is a man, amongst others of his sort, extraordinarily respected by her Majesty ; and doubting not but in that point as in the rest contained in her Majesty's letters, your Lordship will see that her Majesty's pleasure be well accom- plished, we desire your Lordship to commit the custodiam of the bishoprick with the benefits therefrom arising {sede vacanie) to the bearer, Giles Silvester, the dean's servant, whom his master hath purposely sent into Ireland to take order and make provision against his master's coming. Prom the Court at Windsor Castle, the 9th No- vember, 1593." Tour Lordship's very loving friends, Jo. Cant. Jo. Wolley. Thos. Buckhurst. Eo. Essex. John Puckering, C.S. Ko. Cecill. Tho. Heneage. Memorandum of Bgidius Silvester, having on the 24th January, in the thirty-sixth year of the reign of Queen Elizabeth, come into Chancery, and producing the preceding letter of the Lords of the Council, prayed that it might be enrolled in Chancery, which was accordingly ordered. 30. The Queen to the Lord Deputy and the Lord Chancellor. " Whereas humble suit hath been made unto us by one Thomas Gould, Solicitor, in behalf of certain of our subjects of that realm, that is to say, of Conogher O'Kallaghane, alias O'Kallaghane of Dromynyne ; Donell O'Donovane, alias O'Donovane of Castle Dono- vane ; Conoghor O'Mahoney, alias O'Mahoney Knne of Yvehagh : and Teyg M'Owen Carty, of Dryshane, in the county of Cork, that it would please us to accept surrenders of their possessions, and to grant the same to them and their heirs, severaly, to be holden of, , us, our heirs and successors, by such tenure and reservation as you 1593-] CHANCERY, IRELAND. 25s shall think expedient, if the same may be done without any pre- 3J judice to the right or title which we have or ought to have to the Elizabeth, lands, or without prejudice to the right or title of any of our sub- jects ; we are pleased to condescend to the said suits, and there- fore we will and require you, providing for the safety of us, our heirs, and successors, to accept surrenders of the lands from them in lawful form, and then re-grant the same to them and their heirs, severally, as they shall require by letters patent, with such liberties, jurisdictions, courts leet, and franchises, as in your discretion shall seem meet ; To be held of us, our heirs and successors, by such tenure and services as you shall think convenient — Palace of West- minster, March 4, 34°. Memorandum of Thomas Gould, having on the 29th day of Janu- ary, in the 36° year of her Majesty's reign, come into Chancery, and producing the preceding letter of her Majesty; prayed that it might be enrolled, which was accordingly ordered. By the Queen. 31. "Whereas divers of the soldiers who followed Stanley, the traytor, since the time of his declaring himself a malicious rebel, have now, of late, upon notice given to our servant Sir Francis Veere, of their penitent minds, received passports from him, where- with they are cwne into England, most humbly craving pardon for their grievous offences, and have been since examined by cer- tain Justices of Peace, to whom they have particularly declared the place of their birth and condition of their friends, from whom they expect relief towards their maintenance ; forasmuch as we do not wish the destruction of such as innocently were forced to disobey us, and voluntarily shall crave remission for the same, you shall hereby understand that although on the other side, we mean at all times severely to punish such as either have been seducers of others, or maliciously have contrived their own plots or treacheries, yet for these eleven poor men, whose names are hereunder written, we authorize you, with the advice of our Council, upon further exami- nation of their course of life, before giving them our pardon for the offence of adhering to Stanley, and bearing arms, since the giving up of Deventre in the service of the King of Spain until this day; with this provision, that if ever hereafter they shall either hearken to any motion from him or any other, without revealing it to others known to be our good subjects, or some person bearing office, if they can come to him, or shall of themselves offer the least piece of ser- vice to him, or any other of our known rebels or traytors whatever, that then they shall receive no manner of benefit by any pardon promised J wherefore we signify our pleasure by this our hand, requiring you, if you know auy other cause why we should not afford them our grace, that you certify us of the occasion, that you may know our further pleasure ; and as they seem to be able to find some friends of theirs, being our known good subjects, who will give 256 PATENT AND CLOSE BOLLS, [1593. 35 testimony or rather assurance of their good behaviour hereafter, you Elizabeth, shall therein, for the better security, procure as good caution as you can. — Given under our signet, at our Honor of Hampton Court, the 8th of December, in the 36th year of our reign, 1593. Robert Jones. Wm. M'Edmond. Patrick Morohoe. Garret Byrne. Turlogh M'Kegne. William Jordan. Thomas Carrell. Tybbot Bourke. Griflan Cavenoke. 1 David Bourke. Ennis O'Neale. In Dorso. Membrane 2. 32, Pleadings in a suit in Chancery between Oliver Sutton, of Richardstovpne, in the county of Kildare, and Thomas Pinckstowne, of Ballekeppaghe, in the same county, concerning certain lands in the county of Kildare. The plaintiff alleges that one Roger Pinckstowne, uncle to Petitioner, was seized in his demesne as of fee of the lands of Ballekeppaghe, Ballibetaghe, Keppoeke, Landanstowne,Barres- towne^ Ballrayne, Stablardstowne, Courtduffe, a water mill in Clane, and a water mill in Lady Castle, and died so seized, without issue ; whereupon the lands descended to Katherine, daughter of Robert Sutton, cousin and heir of said Roger, that is to say, daughter of Robert, son of Margaret, sister of Roger; the interest of which said Katherine descending to petitioner by legal conveyance, he was thereof seized in his demesne until the defendant, pretending title as son and heir of Roger, "whereas in truth he was a bastard, and not legitimate, according to the laws of the realm, disquieted him, and unlawfully seized possession of the lands, to the disherison and undoing of complainant ; and the latter is not of ability to try the case with the defendant, by order of the Common Pleas, by reason of the great alliance of the latter, and the friendship he hath in the shire, and also in consequence of his great wealth and riches." — The defendant answering, maintained that the bill was defective in form and substance, and so ought to abate, as the suit was properly determinable by the common law ; but if compelled to answer, he confesses that, true it was Roger was seized of an estate in fee simple, and being so seized, did, long before his death, enfeoff certain persons of the lands in question, in trust for his own use for life, and after his decease to the use of defendant and Elizabeth, his wife, and their heirs ; therefore, on the death of Roger, Thomas entered into poaaession. The plaintiff replied. — The defendant rejoined. — ^And it being proved that Roger, father of Thomas, "did lawfully marry and take to wife one Biles EitzGerald, that the marriage was solemnly celebrated at the Church of Downings, in the county of Kildare, and the said Roger and Ellas did lie together a long time after as man and wife; and the said Roger, in the life time of Ellis, did marrie one Johanna Sutton, by whom he had issue, Thomas, the defendant, in the lifetime of Biles, his true and lawful wife," and as the deeds produced by defendant were rased (erased), as well in the IS93-] CHANCERY, IRELAND. ^57 date as otherwise; and the wax wherewith the deeds were sealed 3S was new ; as a man might easily perceive and know that it was Elizabeth. impossible to he so new, as then it was, if it had been fixed to the deeds when they bore date." — The Lord Chancellor, "with the advice and consent of the most honorable court," decrees that the plaintiff shall recover possession of the lands, and inherit them for ever. — Dvhlin, July 4, 13°, 1571. Signed, Eobert Weston, Chancellor. Membrane 5. 33. The Lords of the Council of England to the Lord Deputy and Council of Ireland, concerning the O'Parrals : "Whereas you and the Council there did, by your letters in July the last year, give us to understand of a complaint made there of the chief of the O'Farrall Boyes country, that, contrary to an indenture made in the time of Sir Henry Sidney, on her Majesty's behalf, and the sept of the O'Parralls on the other part, O'Parrall Boy, the chief of his name, had procured of late time a grant by letters patent of divers lands specified in the indentures to him and his heirs, contrary to the true meaning of the indentures, whereby in your opinion the same might open a way to the rest of the Irishrie, never hereafter to be brought to the like conformity as they were reduced to by Sir Henry Sidney; and, furthermore, because you had understanding that one Irriall O'Parrall, son of O'Parrall Boy, to whom the grant was made, to him and his heirs, contrary to the purpose of Sir Henry Sidney, repaired hither to procure some further strengthening of the patent, wherein, if he should prevail, many inconveniences might fall out, as you did write, for which purpose you required us to be a meane to stay the execution of the patent until the controversy might be further discussed, or else to remit the cause back again thither ; upon these your letters we did at first think to remit the decision and determination of the complaint of the sept of the O'Parralls, against O'Parrall Boy, to your Lordship and the Council to be heard and ordered, as we thought it most convenient in all such cases, but yet by the importunity of Irriall, son of O'Parrall Boy, desiring that some of the complainants might be commanded to come hither, or to send some one, authorized in their behalf, to inform us what they could say for the maintenance of the first indenture, and for the im- pugning of the last grant by letters patent ; we did yield thereunto, and by our letters, after long time spent, by reason of many other causes incident, we wrote to your Lordship, requiring you to give knowledge to the O'Parralls who were complainants, that they should send some of their sept hither^ to declare just cause of their complaint, so as upon hearing both parties, we might make some determination for the appeasing of the controversy, and settling the country in good quietness ; whereupon, after long time, and many months past, there hither came with your letter, one Fergus O'Parrall, one of the principal of the sept of th? 0'5"arnms, with VOL. II. ^ 258 PATENT AND CLOSE ROLLS, [1593- 35 letters and supplications of a great number of the rest of the Elizabeth. O'Farralls, subscribed with their hands, requiring to have their causes remitted to you, the Deputy and the Council, whereby the validity of their former indentures, their compositions with her Majesty, in the time of Sir Henry Sidney, and the validity of the new letters patent, might be indifferently there examined and ordered, as in like cases of controversy hath been usual ; whereunto, although we were much inclined, yet by the importunity of Irriall, son of O'Farrall Boye, who claimed to have the lands that belonged heretofore to the captain of the country, to him and his heirs, con- trary to the indenture, we did give hearing at sundry times, both to the complainants' allegations, making their titles by force of the former indentures, and also to the claim of Irriall, for his father, by the late letters patent, and after divers hearings, and view and con- sideration had of the contents of the indenture of the letters patent, we resolved, according to our first determination, that it would be most convenient to command both parties to return to that realm ; and so we have given them charge, directing to have their titles there heard and discussed by you the Deputy and Council, or at least by the greater part of the Council to join with you for your assistance; and for that purpose we require this cause and controversy may be heard and determined in such sort as the country may be best governed by justice and rules of law, and the people reduced to live and continue in their former obedience, which we are informed hath taken place in that country ever since the time of the former indentures, and quietly, or rather better than in any Irish country reduced to civil government within that realm ; and yet, notwithstanding this our determination to remit this cause to you, we cannot but impart to you the ppinion we have conceived of both these claims, and how we would wiph the final order might tend to the reducing of that country from all form of Irish government, and be ruled only by ordinary officers, accord- ing to the course of the laws of the realm : for that purpose we declare unto you our opinion of the conditions of the first indenture, wherein we do dislike to have any one of the sept of the O'Earralls to have chief rule over all the rest, by the name of a Seneschal, 9s by the indenture was purposed, though he should be appointed by the Governor of the realm, only during the life of the party, for thereby the rest of the sept would be ruled much like to the Irish custom for one to be chief over the whole, and an expectation would remain in the heart of the principal of the sept always to aspire to supreme government, not much differing from the Irish custom of Tanistry ; and upon consideration of the letters patent, we see cause more to dislike that he that is now 0'Farrall Boy, should have his interest in all the lands, territories, customs, and services, that did belong to the Irish captainry, with courts leet, wardships, refections, and many other jurisdictions, to hold the same to him and his heirs, without any authority left to the governor of tie realm to make charge thereof, and as l)y the Indenture, which also we do dislike, was to be continued ; and therefore jn our opinion both these 1S93.] CHANCERY, IRELAND. 259 claims being well considered, it were best for the Queen's service 3^ and the government of the country, that all Irish exactions and ser- Elizabeth, vices should be fully extinguished, and that the lands which belonged in former times, by the Irish custom, to the Oaptaiin, might be all first resumed to her Majesty, that grants might be made thereof to the principals of the sept ; foreseeing that O'FarraU Boy, who was the Irish captain, and was appointed by the indentures to be the Sen- eschal, might have some greater portion of the lands to him and his heirs than the rest of his sept ; and the residue to be distributed to the principals of the O'Farralls who were parties to the indentures, and claim thereby to succeed O'FarraU Boy : to have the same in fee simple to them and their heirs, or their heirs male, with reservation of such services to her Majesty as in like cases have been reserved, whereby all parties might be the better satisfied with the extin- guishing of the Irish captainry ; and in like manner we wish and think it expedient that all the other freeholders, who covenanted by the first indenture to surrender their lands, and to take them again of her Majesty, to them and their heirs, should be now ordered to perform the covenants of the indentures, and by these means the country should be best ordered for the quiet government of the people there, according to the order of the laws and extinguishing of all Irish customs and exactions; and for the furtherance and perfecting of this our purpose, we think the parties who are at controversy ought, in good reason, to yield to this our opinion, for the imperfections are such, both in the indentures for lack of due execution of the same, and in the letters patent also, because amongst divers provisions there is one specially that the letters patent should not be of any force to extinguish or change any cus- toms, liberties, or powers reserved to her Majesty, her heirs or suc- cessors, by the indenture made by Sir Henry Sidney ; and -in some part also we think there is imperfection in the letters patent, for they have not been made to the O'FarraU Boy according to the form specially limited by the Act of Parliament made in that realm in the 12th year of her Majesty's reign, entitled "an Act authorizing the Governor of the realm, by the advice of the Privy Council, and upon her Majesty's pleasure, signified by instructions, to grant letters patent to the Irishrie," according to which statute, if you shall find it necessary to have the grants made from her Majesty of the said country, you shall do well to signify your opinions in what sort her Majesty may direct you to make the said grants, according to thf; form of the statute, which we will willingly have sent to .you from her Majesty ; foreseeing that all things, and, namely, the £ lop rent, granted to Sir Nicholas Malbye, be still reserved, as by tlie indenture was expressed; and of your proceedings herein we require you to advertize ns when time shall be convenient : and so we com- mit yon to God. From the Court at Greenwich. Your very loving friends, Jo. pant. Cha. Howard. L. Cobhaui. William Burghlie. Henry Hunedon. J. Crofte. Chr. HattoD, Gano. Thos. Buckhurst. —Maij 17, 1590. VOL. 11. S 2 26o PATENT AND CLOSE KOLLS, [1594. Elizabeth. W.FitzWiUian,. 34. The Lord Deputy and Council to Sir Thomas Norris, Vice- President of Munster, and the Council : — Trusty and well-beloved, we greet you well. Whereas it hath pleased the Queen, by her letters, dated 4th March, in the 34th year of her reign, to signify ber gracious pleasure unto us in behalf of Conoghor O'Callaghan, of Dromynyne, in the county of Cork, that we should accept a surrender from him, for her Majesty's use, of such lands and tenements whereof he is of right or ought to be seized, and to re-grant the same again to him and his heirs, with such liber- ties, jurisdictions, courts leet, and franchises, as to our discretion, with the advice of her Council, should seem meet, having regard to the quality of the land ; and before we proceed to the accomplish- ing of her Highness' pleasure towards the said Callaghan, we should be truly certified of the certainty of the premises. These are, there- fore, to authorize you forthwith, on sight hereof, and with convenient speed, to cause enquiry to be made by verdict of twelve men, most Englishmen, thought indifferent between him and his adversaries, and no freeholders, what castles, lands, seignories, duties, and ser- vices O'Callaghan hath, or of right ought to have, iu the county of Cork ; to enquire concerning her Majesty's title, and of the rights of all subjects ; and as the same shall be presented to you, so you cause the same to be fair engrossed and returned under your seals, and of the jury by you to be impannelled, into the Chancery in the quindene of Michaelmas. Ad. Dublin, Cane. Geff. Penton. G. Bourchier. Anth. Sentleger. W. Weston. Kobert Napper. Eg. Gfardiner. — Dvhlin, June 26, 1594. 35. Inquisition taken at Mallo, in the county of Cork, Tuesday next before the Feast of Saint Luke the Evangelist, 25tli of October, 1594, before Sir Thomas Norris, Vice-President of Munster; William Saxey, esq.. Chief Justice of the Province ; and James Gould, Second Justice ; finding that Conoghor O'Callaghan was seized of the castle and lands of Clonemyne, in the county of Cork, con- taining four ploughlands and a half (and of several other lands de- scribed in detail), of which he was seized in his demesne as Lord and Chieftain of Poble Callaghan, by the Irish custom there time out of mind used. " That as O'Callaghan is lord of the country, so there is a tanistW by the custom of the country, and that tanist is now Teige O'Callaghan, and he is seized, by the custom, of Gortrowe, |!i) Tanistry seems to be derived from Thmis, and is a law or custom in some parts of Ireland, of which Sir John Davis says:— "Quant ascun person morust seieie des ascuns castles, manors, terres on tenements del tenure de tamstry; que donques mesme les castles, &c., dont diacender and de temps, dont memory de cour ont use de descender seniori et dtffnissimo viro mnguims etcognommis de teil person issint morant seisie, et que le file ou les files de tiel person issint morant seisie de 1594.] CHANCERY, IRELAND. 261 containing three ploughlands, and of the Pallace, containing two 35 ploughlands, and the Fandems. The custom is that every kinsman Elizabeth. of O'Callaghan is to have a certain parcel of land to live upon, and yet no estate passeth therehy ; but the Lord, who is now Conoghor O'Callaghan, like his predecessors before, viz., O'Callaghan for the time being, time out of mind, may remove him to other lands, according to the custom ; and in that nature we find that O'Callaghan M'Dermody hath Rachaman, three ploughlands, and Gortengrosse, assigned him. Irrelaugh O'Callaghan is seized by the same custom as brother to O'Callaghan, of a ploughland in Kilecolman. Teige M'Cahirr by the same custom, as kinsman of O'Callaghan, is in pos- session of a ploughland in Kilfadire. Callaghan M'Owen by the same custom, as kinsman of O'Callaghan, is in possession of l)rom- rastle-tinegherie and Kilerowe. Donogho M'Thomas is in posses- sion of Ballinacmorosho, three ploughlands ; and there is a seignory due to O'Callaghan out of the same, viz., £2, and other duties and customs as other freeholders yield, according to the custom of the country, claimed by O'Callaghan, but not proved before us. Katherine Roche hath an estate during her life in a ploughland in Ballyhenne, touts temps avant dit, ne fueront inheritabilea de tiels terres ou tenements, oti ascun parte de eux. — Dav. Kep. 2nd Ed. — Antiq. Hiber. 38. "A custom amongst all the Irish, that presently, after the death of any of their chief lords or captains, they doe presently assemble themselves at a place generally appointed and knowne unto them, to choose another in his stead, where they nomin- ate and elect for the most part, not the eldest son, nor any of- the children of the lord deceased, but the next to him of blood that is the eldest and worthiest, as commonly the next brother unto him, if he have any, or the next cousin, or sof orth, as any is elder in that kindred or sept ; and then next to him doe they choose the next of the blood to the tanist, who shall next succeed him in the captaiurie, if he live thereunto. " They place him that shall be their captaine upon a, stone always reserved for that purpose, and placed commonly upon a hill, in some of which have been seen engraven a foot, which they say was the measure of their first captain's foot, whereon he, standing, receives an oath to preserve all the ancient former customs of the country inviolable, and to deliver up the succession peaceably to his tanist, and then hath a wand delivered unto him by some whose proper office that is ; after which, descending from the stone, he turns himself round, thrice forward, thrice backward. "The tanist setteth but one foot upon the stone, and receiveth the like oath that the captain did. " The begmning and origin of this ordinance amongst the Irish was specially for the defence and maintenance of their lands in their posteritie, and for excluding all innovation or alienation thereof unto strangers, and specially to the English : for when their captain dieth, if the seignorie should descend to his child, and he per- haps an infant, another might peradventure step in between or thrust him out by strong hand, being then unable to defend his right, or to withstand the force of a foreigner ; and therefore they do appoint the eldest of the kmne to have the seig- norie, for that he commonly is a man of stronger years and better experience to maintain the inheritance and defend the country, either against the next border- ing lords, which use commonly to encroach one upon another, as each one is stronger, or against the English, which they thinkelye still in waite to wypethem out of their lands and territories. And to this end the tanist is always ready knowne, if it should happen the captain suddenly to dye, or to be slaine in battell, or to be out of the country, to defend and keep it from all such doubts and dan- gers. For which cause the tanist hath also a share of the country allotted unto him, and certain cuttmgs and spendings upon all the inhabitants under the lord."— Spenser's " Vkw of {he State of Ireland," a.d. 1596. 35 Elizabetli. 262 PATENT AND CLOSE ROLLS, [iS94- within Pable O'Callaghan, by grant of O'Callaghan, and so the reversion is in O'Callaghan that now is. Conoghor Genkagh Der- mod bane and Shane M'Teige hold a ploughland and a half in Gor- tinchoile, Garrym^-Cowny, Kilevihill, Kileghebane, and Ballyne- fehie, of O'Callaghan, according to the rest of the country, at the yearly rent of thirteen shillings and four pence, and other duties, according to the country custom claimed by O'Callaghan, but not proved before us." By the custom aforesaid Dermot M'Teige and others hold from O'Callaghan by the yearly rent of four shillings and four white groats, the town and lands of Kilechrany, containing one plough- land ; and the jury did not find that her Majesty had any interest iu those lands. By the confession of Conoghor O'Callaghan, the jury found that the quarters of land of Bateir, Kylichastane, Gortrowe, Scarrough, Kathchoman, andGortvellire, is chargeable to M'Donogho for the time being with the yearly rent of sixty cows, or in lieu of every of them 6s. Hd., and the quarter of Chilechaslane, aforesaid, over and besides, the aforesaid is chargeable to M'Donogho with 14s. sterling yearly. 8. 36. Grant to Cowley Leigh M'Ardill and his heirs for ever, ac- cording to the course of the common law, of the tates of land called Aghneseydagh, Nesantony^ and Skecoyle ; To be held as of the castle of Monaghan, by fealty, in free and common soccage ; rent, 20s. — Grant to Tirlagh M'Ardill and his heirs for ever, of the tate called Dromhnrke, and the tate of Dannelleran ; rent, 40s. — Grant to Gillapatrick M'Ardill and his heirs for ever of the tate of Ta- coUet ; rent, 20s. — Grant to Manus M'Ardill of the tate of Bel- laghnegall ; rent, 20s. — Grant to Gillepatrick Oge M'ArdiU of the tate of Ballyvickervan ; rent, 20s. — Grant to Philip M'Ardill M'Gil- lepatrick M'Cowly of the tate of Carrickenoran ; rent, 40s — Grant to Comiock M'Ardill of the tate of Greaghglsist ; rent, 20s. — Grant to Cprmock Oge M'Ardill of the tates of Ramarny and Crossy ; rent, 40S.-^Grant to Henry M'Ardill of the tate of Liswacorke ; rent, 20s. —Grant to Philip M'Ardill of the tate of Ardaghgreigh ; rent, 20s. All which lands are parcel of the Ballebetagh of Ballyvickenally, in the barony and county of Monaghan.— Z)M6Zm, Mv. 17, 34°. Patent Eoll, 35° Elizabeth. 1 594. SBOOND PAET. Membrane i. 1. Presentation of Tbomas Tedder to the perpetual vicarage of the parish church of Kilmore, in the diocese of Meath, vacant, and in the gift of the Crown, pleno jure.— Z^wMm, July 20, 35°. 2. Presentation of Robert Chaffe to the canonry or prebendary of Donnaghmore, in the cathedral of Limerick, with a stall in the 1694.] CHANCERY, IRELAND. 263 ohoir and voice in the chapter, vacant by the decease of Richard 3S Arthur, and in the disposition of the Crown in consequence of the Elizabeth, vacancy of the see. — Aug. 8. 3. Indenture between the Queen and Alexander Oosbye, of Strad- bally, in the Queen's county ; whereby her Majesty ,fpursuant to the privy signet, dated at Nonsuch, 14th June, 1593, grants and con- veys to him a messuage or tenement, with a garden in the town of Maryborough, now or late in the tenure of Edward FitzHenry, 80 acres arable, 18 acres pasture, wood, and underwood in Caysshell, Gapiclughe, and Kilhelan, otherwise Ballehelan ; 120 acres arable and 52 acres pasture, in Cloughepowke and BallecuUan j 90 acres arable, 4 acres pasture, 6 acres underwood, in Balleknockan ; 120 acres arable, 4 acres pasture in Ballekeroke, otherwise Ballykeron ; 80 acres arable, 8 acres pasture, in EUcolmanbane ; 120 acres arable, 6 acres pasture, and 2 acres bog, in Kepowle, otherwise Kilpowly ; and 90 acres arable, 4 acres pasture, and 4 acres underwood, in Clonebricke and Cowlkhre, in the Queen's county ; the rectory of Kilcolmanbane, the rectory of Balliguillan ; three messuages or tenements with an orchard, now or late in the occupation of John Tomkyns, William Good, and John Paynter, in Marlborough, 39 acres arable, 8 acres pasture and underwood, in Clomyne and Olonruske ; 15 acres arable, 2 acres pasture and underwood, in Clonruske, Moynrath, Clonerey- nagh, Rossekelton, otherwise Rossequillan, and Tromro ; 80 acres arable, and 80 acres arable and pasture, in Moynrath ; 18 acres pasture, 30 acres wood and underwood, in Cloneneynagh ; 30 acres arable, and 36 acres pasture, in Rosekelton, alias Rosequillan ; 30 acres arable, 34 acres pasture, wood, and underwood, in Tromro ; a messuage or tenement, 8 cottages, 88 acres arable and pasture ; 20 acres wood and underwood, in Cloneadorau, Kilbride, and Kiliduam ; another messuage and orchard, in Maryborough, in the possession of Thomas Lamben ; a messuage and orchard without the eastern gate, now in the possession of William Vicars ; 20 acres wood and under- wood, in the wood of Clonebarne ; 70 acres arable and pasture, in Raylad, now or late in the tenure of William Vicars; 20 acres arable, in Clonekeyne; a messuage and garden in Maryborough • another messuage ; 50 acres arable and 12 acres of pasture, in Eati- vine ; 15 acres arable in Bealand, and 30 acres arable in Clonkyne • a messuage and garden in Maryborough ; 60 acres arable, 10 acres pasture, in Baylard ; 20 acres arable and pasture in Clankene • and all castles, lands, advowsons, donations, presentations, and right of patronage of churches, rectories, and vicarages, commons weirs mills, waters, watercourses, situate, lying and being in the towns' townlands, or hamlets of Maryborough, Caishell, Capiclogh, and the other lands in the patent mentioned ; To hold to the said Alexander Cosby, and his heirs male, as of the castle of Maryborough, in capite, by knight's service, that is to say, by the service of 'the twentieth part of a knight's fee, as scutage runs ; and also by the service of his attendance when required, with the greater part of his servants and tenants, armed in warlike manner, with victuals for three days, upon the Lord Lieutenaiii or chief governor for the 264 PATENT AND CLOSE EOLLS, [1594. T-r "v u '^"^.? ''n^f *° ^^'■^® against the Irish, and answer all "risings Eliza^th. out called hostings, according to the rate and value of the lanf Kildatej 1S94-J CHANCERY, IRELAND. 267 called the Blackditches, parcel of the possessions of Thomas Eustace, 35 attainted ; 10 acres at the Clomugh, parcel of the possessions of Elizabeth. David Sntton, attainted; 2 acres, great measure, called Ballidahegge, parcel of the possessions of the priory of Connall ; 30 acres arable, and six messuages in Leixlipp, formerly belonging to the parish church of Leixlipp, and granted to the church, contrary to the statute of mortmain; a place for amessuage upon the green of the Naas, with 3 acres called Parrencarraghe, in the county of Kildare ; the lands of Mongan, alias Monganachone, in the Rowrye (Roar), in the county of Kilkenny, containing 2 acres of country measure, parcel of the lands of Donnogh M'Arte Cavenaghe, attainted ; the lands of Knockyne, Ballicloghie, and Inchnefowkie, in the county of Carlow ; n moiety of Pollmentye, and a moiety of Lyssalican ; a third part of Ballileighe, Ballinecowleighe, Balligobbau, Rathmore, Ballin- veighie, Olanmacurrye, Cromep'ayne, PoUrathbegge, and Ballinekill, one messuage and a garden in Old Laughlin, and a moiety of Gowlin and Ballibrack ; 20 acres arable in Ballindory, a castle and 6 acres arable in KiUeighe ; 6 acres in Tullaghbane, 6 acres in Killehince ; 2 acres arable, i acre pasture, with a fourth part of the castle of Conelan ; 2 acres arable and i pasture, in Clonemore ; 4 tenements with gardens, in Ballimore; 7 acres called Bogganmore, 2 acres called the "Palace Mone," and 7 acres called Clancurr, pa:rcel of the possessions of the. late abbey of Loughsewdie — several other lands in the same county— 'Balligannagh, parcel of the possessions of the abbey of Trim ; lands in Roscommon, parcel of the possessions of Thady O'Connor, commonly called Teige Oge O'Connor Roe, attainted: the tolls or customs of the market, held every Saturday at the church of Saint Nogan, called Temple Issertnowne, in the county of Roscommon — lands in Galway — three messuages in the town of Wexford, the lands of Rossard, the church or chapel of Rossdroyte, and the church or chapel of Sacrobosco, commonly called Temple- scobe, in the county of Wexford, parcel of the possessions of the late monastery of Tymolinbeg, in the county of Kildare — lands in the King's county, Westmeath, and Galway; all which had been concealed from her Majesty ; To hold to the said Tyrelaughe, his heirs, and assigns, for ever, in free and common soccage. And also the lands of Raroe, in the country called Clonechahill, otherwise Flanagan's country, in the county of Roscommon; Rentmolan, parcel of the possessions of Owen M'Dowaltaghe O'Planagan, of Raroe attainted ; the cell or convent of Ardcam, in the county of Roscom- mon, with the site, ambit, and precinct, the walla of the church, and two ruined houses; 8 acres called Pernanne, Calliaghe,Crevecalliaghe, Clonecalliaghe, the rectory of Ardcam, and aU the tithes, except of the lands of Loghporte, which are extended, one year with another to three " couples," a moiety of all the tithes of EUinaghbrocho' alias Clonecase, in the barony of Ballintobber, in Roscommon and Killismogan, in Galway ; the site and precinct of the late monastery of Moghill, with all its possessions, including the rectory; the lands of Kilnedwan and Came, parcel of the monastery of Tulske • three quarters lying near the water called Lorgbella, that is to sary, two 268 PATENT AND CLOSE ROLLS, [159+, ■pi- ^h ti, **'^"*'**®^ ''ver the water towards the north, and another quarter JiUzabeth. near the water towards the west, parcel of the possessions of the late religious house of Killarighla, in the county of Roscommon ; To hold for ever, in capite, by knight's service, that is to say, by the twentieth part of a knight's fee, as scutage runs. Provided that if the lands and possessions above mentioned had not been con- cealed or withheld from her Majesty, the patent should be void. Sept. 3. Membrane 9. 8. Presentation of James M'ParroU, otherwise M'Dermot, to the office of Provost (prepo6ituram)W of the cathedral of Killaloe, " vacant by the deprivation of Henry FitzSymon, the last incumbent, ■^ and in the presentation of the crown by devolved right, "et statutis hujus regni." — DvUm, Sept. 18. 9. Grant to Alexander Cosbye, of the ambit, site, and precinct of the late religious house of Stradbally, in the Queen's county : a water mill and all messuages, cottages, orchards, gardens, with one thousand three hundred and eighty-five acres of land arable and pasture, in Stradbally, Ballenowlane, Kilrowry, Balliredder, Loghill Park, Ballecolman, Rallemadoke, Xilmarten, The Orange, Garryma- doke, Ballinevicar, Kilmoho, Moyannagh, Coriell, Racrehin, Clodnff, Noghemole, Ballaghmore, Shanemollan, Ballymacmanus, and the castle of Berybrooke, in the Queen's county, with all castles, messuages, advowsons, donations, presentations, and right of pa- tronage of churches, rectories, and vicarages, weirs, mills, waters, watercourses, and other possessions ; To hold to the said Alexander Cosby, aijd his heirs male, of the castle of Maryborough, in capite, by military service ; that is to say, by the twentieth part of a knight's fee, as scutage runs, and also by the service, that when required he ehall attend with the greater part of his domestics and tenants, armed in warlike manner, with victuals for three days, upon the Lord Deputy or other governor of the kingdom, to serve against the neighbouring Irish ; he shall answer all hostings, according t* the value of his lands, and keep upon the site of the monastery nine horsemen of English nation, name, and blood, for its defence, with good and sufficient horses, and arms, offensive and defensive : subject to the limitations, services, and conditions, mentioned in the letters patent, to Alexander Cosby, and Dorcas, his wife, contained in article No. ^.—Dvblin, Sept. 18. Membrane xi. 10. Appointment of Sir Anthony Sentleger, knight, to the office of Master of the Rolls, Books, Writs, and Records of Chancery, with la) Peepositukam.— On the Patent Roll 10° Jac. 1, m. 8, p. 4, this word occurs, and is translated in the original, "a Portriere;" yet in the charter of Bealturbet, the Chief Magistrate is stiled " Provost."— Kot. Pat. 16°, Jac. 1, p. 6, m. 27. 1594.] CHANCERY, IRELAND. 269 a fee of £50 a-year, Irish, and all other fees, rewards, and commo- iS dities to the ofSce appertaining : the fee of £50 to be paid as well Elizabeth, out of the custom, cocket, poundage, and subsidy of the cities of Dublin and Drogheda, as out of the Treasury and the issues and profits of the Hanaper ; To hold during pleasure, in as ample manner as Sir Nicholas White, John Parker, Patrick Barnewall, Sir Thomas Cusake, Sir John Alen, or Robert Cowley, held that office ; and, in addition, 100 marks a year, part of a fine imposed upon the Bishop of Leighlin, as Dean of Saint Patrick's, for ten years, and all fees due from the Feast of the Annunciation. — Dublin, June 29, 1593. [The letters patent nominating Edward FitzSymon {the immediate predecessor of Sir Anthony SenMeger), Master of the Rolls, is not to be found on the Patent Roll, but there is amongst the fiats of the twentieth year of the reign of Queen Elizabeth, a warrant dated 28th April, appointing him to that office, in these words: " Whereas Nicholas White, Master of the Rolls, is, for abusing and non-using of his office, sequestrated to do therein untU our gracious pleasure be known to the contrary; and for that there is none in the meantime to sit in our Sigh Court of Chancery, i-o hear, decide, order, and determine causes between party and party, and otherwise to continue that Court as hath been accustomed, and to have the keeping and custody of the rolls, records, files, books, and other writings of the Court, whereby those that hath need of the sight of them may have recourse for copies, and such like furtherance of their causes as to justice appertains ; we have tlmught good, by the advice and consent of our right trusty and right well-beloved Counsellor, Sir Henry Sidney, Knight of our Order of the Garter, Lord President of our Marches of Wales, and Lord Deputy General of Ireland, to give and grant, like as we do hereby give and grant, full power and authority to our well-beloved Edward FitzSymon, Esq., our Serjeant-at-Law, not only to sit in our said High Court of Chancery, and there to hear, decide, .order^ decree, and determine, such cause and causes as depend in the Court, or hereafter shall be brought in suit in the said Court, and to do execute, proceed, and set forth all and every other thing and things in the Court, in as large and ample manner as the said Nicholas White, Master of the Rolls, or any other before him, in that office might and ought to have done in the said Court of Chancery, but also do give and grant to the said Edward, the custody and keeping of the rolls, records, files, books, and other writings of the Court, which pertey- neth to the keeping of the Master of the Rolls Office ; and him, the said Edward, guardian and cvstos of the said rolls, records, files, books, and writings, we do hereby make, constitute, ordain, and appoint; and also to do and execute the premises, and every of them, as fully wholly, entirely, and amply, as the said Nicholas Whitt, Master of the Rolls, at or before the time of his sequestration from the exercise of the said office, or any other Master of the Rolls before him, in that room, might or ought to have dons; To have, hold, use, occupy, and exercise the said office of sitting, hearing, ordering, decreeing, and de- termining causes as aforesaid, and the keeping of the rolls records 270 PATENT AND CLOSE EOILS, £1504. ^h th '^'^'- ^''°''*' ^"^^i^ff'i (ind other the premises, unto the said Edward, ' "• until our pleasure he further known, touching the said Master of the Bolls. — April 20, 20th of Elizabeth.^ Membrane 12. 1 1. Grant to Piers Butler PitzEamond, of Boscrea, of a castlei three messuages, seven cottages, two hundred and fifty-one acres arable land, nine acres of meadow, and forty-eight acres pasture, in Ballys^x, parcel of the possessions of the late Duke of Norfolk and Lord Barkeley ; the rectories, parsonages, and tithes of Galmoye and Glashare, in the county of Kilkenny, parcel of the possessions of the njopastery of Saint John of Jerusalem ; To hold for 40 years, to commence from the determination of the existing lease ; rent £33 OS. 6d.—0ct. 14, 35°. Membrane 13. ■' 1 2. Appointment of Edward Edgeworth to the bishoprick of Down and Connor; and her Majesty, considering the intolerable op- pressions and exactions of the Irish, dwelling in these parts, and to _^ enable him to support suitable hospitality, confers on him the pre- \ t^,,^ bendary or canonry of Tipperkevan, in the cathedral of Saiiit 'y^^^J^^-""'^^ Patrick's; the prebendary or rectory of Saint Michan's, in the church -''^ ■ of the Holy Trinity ; the rectory of Ardmfilchan, in the diocese of Meath ; and the rectory of Oarrickfergus, in the diocese of Connor ; To hold for life, in commendam. — Dublin, Oct. 13. 1 3. Kestitution of the temporalities of the bishoprick of Down and Connor to Edward Edgeworth. — October 13. MenArane 14. 14. Consecration of Edward Edgeworth, Bishop of Down and Connor. — October 12. 15. Appointment of Sir Robert Napper to the office of Chief BaroQ of the Exchequer, with a fee of £67 los. a year, and a further fee of 100 marks a year, part of a fine imposed on the Bishop of Leighlin, as Dean of St. Patrick's, for ten years ; To hold during pleasure. — Dublin, June 29. Membrane 15. 16. Appointment of Sir William Weston to the office of Chief Justice of the Common Bench ; To hold during pleastire, with the accustomed salary and fees, and 100 marks a year, part of a fine imposed on Richard, Bishop of Leighlin, as Dean of St. Patrick's, for ten years. — Dublin, Sq>t. 10. 17. Grant of pension of 2S. a day to John Benyon. — DuUvh, April 13, 1593, 35°' 1 594.] CHANCERY, IRELAND. 271 18. Grant to Thomaa Morrice of the lands of BaUicoen,in O'Mul- 35 ley's country, called the King's county, parcel of the lands and pos- Elizabeth, sessions of Brian O'MuUoy, attainted; the lands of Moyelly, and a cartron of land in the Park, a ruined castle, and 20 acres in Killne- gorronagh ; a moiety of Killoghgreegh, and two quarters in Kil- luokine, in le Clonties, in O'Connor Roe's country ; two quarters called Lisballmardan and Balliboige, in the parish of Kiltrusoane; in le Clonties ; a quarter called Lessaboy, in the parish of Shankillj a fifth part of a carucate in Cregganarrowe, in the county of Mayo ; a moiety of the castle and town of Adragole, a moiety of Ballymoy- nagh, a moiety of Balliclogh, a moiety of Ballidonoghe, a moiety of Ballidreant, a inoiety of Dromore, a moiety of Ballinrie, a moiety of Ballevilly, a moiety of Likenny, a moiety of Boghadowne, a moiety of Carodiew, and a moiety of Bamhollan, in the county of Mayo, parcel of the possessions of Theobald Burke, late of Tirlau'ghd, at- tainted ; two carucates in Kilvolbyne and Kilteana, in the county of Limerick ; tlie ruinous old castle of Cloughdalton, an old castle called the castle of the Shallie j several parcels of land in the county of Clare, and lands in the counties ofKildare and Roscom- mou ; To hold for ever. — Dvhlvn, Feb. 4, 35°. Patent Roll, 36° Elizabeth. — 1594. Membrane li. EUzabeth. I. Grant to Francis Shane, of the site, ambit, and precinct of the late abbey of Loghsewdy, one carewofland; the lands of Callaghton ; three carews in the country, commonly called Brawmvrin's country, called Perrencroiz, otherwise called the Cross lands ; one carew in looyne's country; the rectories of Srure, Kyllackamock, Clon- gliffe, Kylsy, Ballymacormock, Moygowe, Tessyny, Kilglasse, Saint Michael's Rabuts, and Saint Patrick's of Moymore, in the county of Westmeath; the rectory, church or chapel of [Moymagher], in the county of Meath ; excepting all woods, knight's fees, eschaets,' casual- ties, and the tithes and alterages due to the vicars and curates of the rectories ; To hold for 45 years, after the determination of a lease made of the same premises to Thomas Le Strange. Rent £25 14s. 4^. Also the manor of Granard, in the Annayle, in the county of Long- ford, and certain lands, tenements, rents, eighty beeves, works workdays, customs, profits, and commodities to the manor apper- taining ; To hold for 45 years, to begin from the determination of a lease made to Roger Radford. Rent £36. Maintaining upon the manor two able horsemen of English nation, well and sufficiently armed for defence of the realm.— Also the tithes of certain lands which the heirs of Morogh O'FerraU lately held in the county of Longford; the tithes of Maghery Granard in that county, and all the tithes of the rectory and parish church of Strade and the lands thereof, with 20 acres arable land thereunto belonging, in the county of Westmeath; To hold the tithes, from the expiration of a lease made to Henry Sheffield, for 45 years. Rent £11 .—Lublin, Nov 20 272 PATENT AND CLOSE EOLLS, [1594 _.. ^, ., 2. Grrant to Lodovick Briskett, in consideration of his long an( ■ painful service, of an old castle, with the appurtenances, in the villagi or hamlet of Palleyes, in the Queen's county, with all messuages cottages, orchards, and gardens, 485 acres of arahle land in thi towns of Palleyes, Clandergermoyle, Clouuegawnagh, Garreniore Oappaughe, Oouleneniore, and Clonecarraghe, with all advowsons donations, presentations, and right of patronage, commons, ways customs, waters, fishings, weirs, watercourses, mills, moors, bogs turf land, mountain, and woods ; To hold for 50 years, to com mence from and after the decease of Anthony Hungerford, withou heirs male. Eent £7 2S. 6d. Briskett undertakes to attend witl the greater number of his household and tenants, in defensible anc warlike manner armed, with victuals for three days, upon the Lore Lieutenant or other governor, for the time being, for the defence the county, to serve against the Irish, and answer all journeys anc hostings, according to the value of his lands ; he will maintain and sustain four able horsemen of English nation, name, and blood, for tht better inhabiting and preservation of the premises, and provide them with good and sufficient horses, arms, and weapons, as well oifensive as defensive, and render a custom day, calledaploughday; he will not use the " Brehon law" in any cause or matter, or against any person answerable to the law of the realm, and he, his children, and ser- vants, will use, for the most part, the English tongue, language, habits, apparel, and rule, as much as possible; and once a year deliver the names of all men, under his control able to carry arms, to the Constable for enrolment, and produce and bring every of them to answer for their deeds and conduct within the county for the preceding year. — Dublin, last of January. Membrane 6. 3. Grant to John Lye, in consideration of his loyalty and good service, and for his better encouragement and livelihood, of a mes- suage and garden in the town of Athboy, in the county of Meath, parcel of the possessions of John Burnell, late attainted of high trea- son • To hold for 60 years, from the determination of a. lease made to William Vernon. Rent 13s. \d.—DvMin, January 20. Membrane 7. 4. Grant to Gerrott Maokworth, of the towns, lands, customs, com- mon's and hereditaments of Beardth and Newton, in the county of Kil dare/in as ample manner as they came to the Crown by the attainde: of the late traitor, Baltinglass ; To hold for ever as of the castle Dublin, and not in capita. The patent recites that Humfrey Mack worth, who was slain in Ireland, had purchased the lands fron Thomas Wolfe, and died possessed thereof, but he was deceivei in the grant, for Wolf had previously mortgaged the lands to thi traitor, the Viscount Baltinglass, reserving only a life estate, and & by the attainder of the Viscount, his title eschaeted to the Crowi although the lands were held of the Earl of Kildare to the prejudro IS94-] CHANCERY, IRELAND. 273 of Mackworth, as appears by an inquisition taken in the 26th year 3^ of her Majesty's reign, and another presented before Christopher Elizabeth. Flattesbury and other Commissioners. — Dublin, Dec. 6. 5. Grant to John Rawson and Henry Deane, of a third part of the lands of Roscribbe, in the county of Sligo, containing one triene of land and six quarters in Cororyn Sleight Morishe, that is to say, Carow Dromcarmicke, Carow O'Wmygyn, Carow Carrynyllyn, Caro-w Grany More, Carow ne Crave, and Carrowe Lysdowgan j two quar- ters of free land in Clonegashell, parcel of the lands of Gallechriste ny Donaghe, late of Rosseribbe, deceased ; two quarters in the ter- ritory of Sleight Shane M'Owen Ottary, in the barony of Offlyny ; three quarters of free land near the lands of Cowlae ; a half quarter, with a third part of the halfendale of the quarter of Cashilcormyck ; a quarter called Leighe Carrow TuUaughe, and Leighe Carrow Knappae ; the rectory, church, or chapel, called the rectory between two Bridges, in the barony of Carbry, parcel of the possessions of the late dissolved religious house of Saint John without Newgate, in the city of Dublin ; the site, circuit, and precinct of the cell or house of friars, called Knockor, with a quarter. of land, and the tithes to the house belonging, in the country of O'Garye, a parcel of land called Knocknor, a fifth part of the castle of Cahernemarte.W and a fifth part of a quarter adjacent ; a moiety of a quarter of land called Necladdy j a moiety of the castle of Ballinknock ; a sixth part of the half quarter of Ballinknock j a quarter called Kilterbrocke ; the lands of Znappaghe, Oossyn, Bahane, Leigh-carrow Correvegan, Carrownerahyne, in the barony of Tirawlyj the castle and town of Ballicke, with eight quarters of free land, in the barony of Tirawly, with other lands in the baronies of Ross, Moycullen, Tyrawly, and Carra; the rectory of Ballingarie, with all tithes, glebe lands, and obventions, parcel of the possessions of the late reli- gious house of Mayo ; three parts of a ruinous castle, with the bawn of Olankerry, and a moiety of the ruinous castle of Inver ; To hold for 21 years. Kent £26 13s. 3d Dublin, June 5. 6. Pardon of Conogher O'Casshell, late messenger (nuntio) of Maguire ; Katherine, his wife ; Baweny Casshell, his sister ; Kathe- rine ny Casshell, bis daughter ; Patrick M'Rory Maguire, who mar- ried the daughter of Conogher ; Morish O'Casshell, and Melaghlin O'Casshell, his brother ; Owen O'Tewan, and Melaghlin O'Toole, all of the county of i'ermanagh. — Dublin, Feb. 10. Membrane 11. 7. Grant to Ryce ap Hughe, of the tithe of the fishing of the river of Carlingford, parcel of the rectory of Carlingford, and parcel of the possessions of the late hospital of Saint John of Jerusalem in Ireland ■ the tithes of the towns of Castleringe, Knocksmill, the Grange near Allordeston, and the Grange near Mylton, in the county of Louth (a) Cahbbnemort— The City of the Dead: hodie "Westport." VOL. II. 'j 274 PATEN* AND CLOSE ROLLS, [1594. TV ^t *i 1^^^'^^ °^ *l>e spiritual possessions of the abbey of Knocke, in the JiUzabetn. county of Louth ; the tithes of Holmegrange, parcel of the spiritual possessions of Hore Abbey, alias Jugo Dei, in Ardee, in the county of Down ; the tithes of Ballilurkegan and Corbally, parcel of the rectory of Ballilurkegan, and of the possessions of the late dissolved monastery of Bangarm, in Cloneboy, in tke country of Brian Per- tagh; the tithes of Clonnyffe, BaUylagkyn, and Ballilelyn, besides the third part belonging to the vicar ; the tithes of the village of Tullaghes ; the tithes of the town of Dromleke ; the tithes of Mylton, Stephenston, Gibbestown, Palmer, Nyselyrath, Ryaghston, Clinton- rathe, Gardenston, Tullaghkeyle and Moreton, Tullaghharde, Milton, besides Termonfeighen and Galrotheston, Kerreston, Pryorton, and Newhouse, parcel of the spiritual possessions of the late abbey of Louth, in the county of Louth ; the tithes and alterages due to the vicar or vicar's curate serving there excepted : To hold the tithes of the fishing of the river of Carlingford for 30 years : rent 40s. ; and to hold all the other tithes for the term of 30 years, at the several rents in the patent mentioned. — Dvhlm, June 19. 8. Grant to John Lee, of Eathbride, in the county of Kild^re, in consideration of his good and faithful service, of two poles of land of every kind in Tullebrioke, parcel of the possessions of Shane Eeogh M'Cahill, of Tullebrioke, attainted ; two gallonsW of land of every kind in Rathmuckfortie and Aghgailcharkie, parcel of the possessions of Brian M'Mulmore O'Relie, and Edmond M'Mulmore O'Relie, of high treason attainted ; one gallon of land in Cowlemonie, parcel of the pos- sessions of Mulmore O'Relie ; a moiety or halfendale of one pottle of land in Crosskeaghe ; one " pulle" of land of every kind in the town of Sconme, another in Suaveekill, and two more in Carnesere, patcel of the lands of Caher M'Prior O'Relie, eschaeted to her Majesty j a pottle of land in Dravile ; a pottle and a half in Droraolaighe, parcel of the lauds of Shane M'Philip O'Relie, of Dromlean, attainted j a pulle of land of every kind in the town of Correcharra, and a gallon of latld of every kind in the town of Donne, parcel of the lands of Brian, alias Brian M'Caher O'Relie, late of Correcharra, of high treason at- tainted ; another pulle of land called the Nether Conett, parbel of the laiids ef Farroll M'Donell M'Tirloghe O'Relie, late of Conett, attainted ; eight pUUes of land of every kind known by the name of the town of Ballin-Carroll, in the county of Cavan ; an old cottage and one cartron of barren land in the town of Walterstone, in the (a) A pottlo, a gallon, and a poll of land are measures particularly confined to the county of Cavan. I find the words thus used in an Inquisition, Ulster, Appeiidix, davan vol. i., page i : — " Three polls of land in Kilmore, within the barony of Giivan'or Loughty, every poll containing two gallons, every gallon containing two pottles and every sixteen polls making one ' ballibet.' All which lands amount to the number of 8J ploughlands and 5 acres, which in English measure, after the rate of 16^ feet to the perch, lugg, or poll amounts to 3,747 acres."— Eot. Pat, iS" Jac. I, part a. No. 6i, m. 5J, line 24 — The town called BunddinAefoyu coutaineth only I pottle, or one-fottfth of a {idH.— Kep. Inq., Cafili, bL i, Ho; % i594.] OHANCERY, IRBLAlJD. 275 county of TtTestiaeath ; % hold for 60 years. Rent £3 4s. 6d.— 36 nmin, March i, 36°. Elizabeth. 9. tresentation of Meredith Hanmer to the office of vicar choral in the cathedral of the Holy and Undivided Trinity, Dublin, com- monly called "the chanter's vicar," with the church of St. Micban's annexed, vacant, and in the presentation and free disposal of the Crown " pleno jure." — Injunction to the dean and chapter to assign him a place in the chapter, and voice in the choir. — Dublm, April 17, 36°- 10. Presentation of William M'Cormoke to the perpetual vicarage of the parish churcli of Kalnarway, in the diocese of Kildare, in the disposition of the Crown "pleno jure." — DoUed Dublin, April 24, 36°. Memirane 16. 1 1 . Charter of Kilmallock ; reciting letters patent, dated the last of January, in the twelfth year of her Majesty's reign, to the Sove- reign, Brethren, and Community of the town, for the term of twenty- one years, of the site, circuit, ambit, and precinct of the late monas- tery of friar's preachers of Xilmallockj in the county of Limerick, a i ruined church, a close, a dormitory, three chambers, three small ?*»^^ gardens, with all buildings, edifices, and curtilages thereto apper- I/ taining ; 9 acres of arable land, and a acres of pasture, in the town and fields of Kilmallock ; a water-mill adjoining the town, parcel of the possessions of the monastery, at a rent £2 13s. Sd. ; and maintain- ing two fit archers suitably armed for defence of the premises The present charter confirms to Nicholas Meagh, Sovereign of the town, to the Brethren and Community, and their successors, the monas- tery above mentioned, with all its possessions ; To hold for ever as of the castle of Limerick, by fealty, in free and common soccage, and not in caplle. Paying £2 13s. 8d. a year, and maintaining two archers suitably armed for defence of the premises. April 24. 12. Grant to Dowlin M'Brian of a pension of two shillings and six pence a day, so long as he shall well behave himself, and con- tinue a loyal and dutiful subject ; in consideration of his long ser- vice in Ireland and in the Low Countries April 23. Memirane 17. 13. Pardon of Thomas M'Morishe, of Glanmorishe, in the county of Mayo. — Last of April. 14. Grant to Robert Harrison of 40 messuages, a water-mill, five carucates of arable land, 100 acres of meadow, 300 acres of pasture 100 acres of wood, and zoo acres of bog, in the lordship of Moybreeko' alias Moybreekre, in the county of Westmeath ; a ruin where there formerly was a weir upon the Cloneleaghe ; a wood called Serfadd with a sixth part of the red bog beginning at the entrance of the wood and the watercourse of Bthenye, and extending in length to the bo£f vol,, ir. J 3 s 276 PATENT AND CLOSE ROLLS, [1594. 36 near Cloghcan, and the town of Derfadd ; the tithes of Ballilagoran, Elizabeth, parcel of the possessions of the late monastery of Tristernagh, in the county of Westmeath ; the town or hamlet of Ballem°gilleboy, in the barony of MocuUen, in the county of Galway; a carucate of land late in the possession of Thady or Teige M'Morroghe, attainted; the town of BaJlinriodall, and 20 acres infertile and waste, in the county of Limerick, parcel of the possession of Shane Oridiall, of Bal- lairidiall, attainted ; To hold for ever as of the castle of Dublin, by fealty in free and common soccage and not in capite. — May 2, 1594- iVote. — On the margin of the roll is a vacate of the preceding patent, signed by " Anthony Sentleger, Magister Rotulorum." Membrane 18. 15. Grant to Piers Butler FitzEdmond, of Roserea, in considera- tion of his faithful service, of the tithe of corn of the rectory or parsonage of the parish church of Moymed, in the county of Meath, containing fifteen couples of grain, "price every couple, thirteen shillings and four pence," a portion of the alterages of the parish valued at thirteen shillings and four pence a year, as appears by the survey of the possessions of the monastery of Mulingar; a mes- suage with a garden, and 12 acres of arable land, with liberty of coiiiinon of pasture, in the town and fields of Little Rathe, in the county of Kildare ; five messuages in tlie High-street of the town of Trim ; a messuage, with a small orchard, in Skinner's-street ; a messuage, with a small close of pasture without the walls of the town, on the west; three other messuages in Skinner-street; a small messuage, with an orchard, in Scarlet-street ; another messuage in the same street ; another in Wine-street ; a waste messuage, called the Black Hall, in Fair-street ; a garden on the north of the town in the occupation of William Ruddy ; five messuages on the north of the town ; a garden without the south gate, parcel of the possessions of the late monastery of Saint Peter's of the Newton, near Trim ; 43 acres arable, one acre and a-half of pasture, a close called Sally Park, containing one stang of land and half an acre of furze, called " Maudelens land," near the town, parcel of the possessions of the late monastery of Saint Mary of Trim ; To hold for 40 years. Rent £20 6s. od.— Dublin, Dec. 20, 36°. Membrane 20. 16. Pardon of Gerrott FitzLewes, of Whites wall, in the county of Kilkenny ; John Shortall Fitzrice, of Pollistowne ; Neale M'Shane O'Brennan of Idoghe ; Donogh O'Brennan M'Shane, of the same place • AilontGraunt, ofBallynebolly; Robert Sliortall, of Ballefren- nagh •' Teige O'Meagher M'Donnell Mode, of Roscont ; Alexander Grace' FitzPhilip, of Glassare ; Walter Barron, late of Goslington, all in the county of Kilkenny ; Chonner M'Echroe, of Tore, in Kil- nemaraugh, in the county ..of Tipperary; Mclaughlin Knockor M'Echroe, of the same place; Keadagh O'Meagher, of Aghnes- IS94.J CHANCERY, IRELAND. 277 mere, in the county of Tipperary ; William Seton, of Kepagh, in 3^ the county of Waterford ; Peter Grace FitzJames, of Whiteswall, in Elizabeth, the county of Kilkenny ; James O'Quyne, of Kilmanagh ; William Phelan, of the New Garden ; Johanna ny Worren, of Kilkenny ; and More ny Vradeer, of MoUingar. — Dublin, Aug. 6, 1594. Memhra'ne 21. 17. Pardon of Alexander Cosby, of Stradbally, in the Queen's comity. — Dec. 6, 1593. 18. Pardon of Robert Johnes Garret Birne, Thomas Oorrell, David Burke, William M'Edmond, Turlogh M'Keyne Tibbot Burke, Ennes O'Neale, Patrick O'Morrhoe, William Jordam, and Griffin Cavenohe. — Feb. 8, 1 593. 19. Pardon of Oliver Eustace, of Kilcowell, in the county of Car- low ; he was indicted before the Commissioners, at Carlow, on Tues- day next after the Feast of the Apostle, in the 35th year of her Ma- jesty's reign, for coming armed to a place called Kilknock, and feloniously taking away two horses of the value of twenty shillings each, the property of Dermot M'Shane, of which being convicted, he sought the benefit of clergy j he was again indicted on Monday, the Peast of the Annunciation of the Blessed Virgin Mary, in the 36th year of her Majesty's reign, found guilty, and committed to the gaol of Carlow, from which he escaped on the 8th September, following ; having pleaded guilty, he prayed the benefit of clergy. — Last of Mai/, 1594. Membrane 22. 20. Presentation of Richard Gibbons to the rectory and vicarage or entire rectory of Inishonan, in the diocese of Cork, in the gift of the Crown by devolved right, seu quocunque alio modo de Jure. — June 22, 1594- 21. Presentation of Donat O'Horan to the perpetual vicarage of the parish church of Moylagh, in the diocese of Tuam, vacant by the decease of Thomas Kenevan, in the gift of the Crown, "jure devolnto, although now in the possession of one Gilleduff O'Cahan, per simoniacam privitafem," — July 20, 1594. 22. Presentation of Henry Walshe to the perpetual vicarage of the parish church of Killestowne, in the diocese of Laghlen, vacant by the resignation of William Criefe, the last incumbent, for legitimate reasons, and in the disposal of the Crown, "pleno jure." — July 29, IS94- 23. Presentation of Thomas Brady to the perpetual rectory of the parish church of Drong and Leyragh, in the diocese of Kilmore vacant by the decease of David M'Connyn, and in the disposition of the Crown, " qmcunquo modo legitimo, tarn de jure quam de facto et pleno jure." — Au,^. 2. 24. Presentation of John PitzJohn to the rectory of Keady, in 278 PATENT AND OliOSB ROLLS, [159^. ElizLeth ^''^/iofese of Kilmore, vacant by the deprivation of Philip Brady, ■ ^"° "^ ^''S disposition of the Crown, ','alio quomnque modo, dejure vel ae^acto,ratKme lapsus me dmhiUonis, pro hoc mce-^—Jul^ 2, 1594, 25. Nomination of John Thorneburgh to the bishoprick of Limerick.— Jaw. 9, 1593. * Membrane 23. 26. Presentation of Pergallo M'Cahill to the perpetual vic3,rage ot the parish chnrch of Serade, in the diocese of Ardagh, vacant by tlie decease of William O'Donehowe, and in the disposal of the Orown " plena jure." — July 5, 1593. 27. Consecration of John Thornburgh, Bishop of Limerick. 28. Restitution of the temporalities. — Feb. i, 1593. 29 Presentation of Donat Horan to the office of Proyost of the cathedral of Blphin, in the province of Connaght, vacant by the legitimate deprivation of Nicholas O'Celly, and in the nomination of the Crown in full right. — July 15, 1594. 30. Presentation of Meredith Haniner to the office of Treasurer of the Holy and Undivided Trinity of Waterford, in the donation of the Crown, "/wre devoluto, seu quocungue alio modo, dejure vel de facto."— Dec. 4, 1593. 31. Appointment of John Slade to the office of Chirographer of the Common Bench ; To hold by himself or siifficient deputy during good behaviour. — Dublin, July 2, 1594. Membra^ie 24. 32. Grant to John Newton of the townlands of Killaheme, Balle- henrie, Oharpwyerhagh, Q-lan, and Kilnrecan, in the county of Kerry, late tlie possessions of Thomas M'Richard M'Ricard Ooiirsey, of Bal- lencluher, attainted of treason, containing certain ruinous cottages, four quarters or ploughlands, aud a third part of a quarter or plough- land; To hold for 3T years. Rent, 12s. lod-r-Jyly 3, 1594. Membrane 25. 33. Grant to Richard Poore of two messuages, two cottages, 120 acres of arable land, and two acres of meadow, in Asentowne, in the county of Dublin ; a certain custom there ; 30 acres of arable land in Almoneston, in the county of Louth, a messuage in the town of Navan, and a house and a close of pasture in the town of Grallathe, in the county of Dublin, parcel of the possessions of the lateHospital of Saint John the Baptist, without the Newgate of the city of Dublin ; a carew of land containing 120 acres of arable land, with 35. for custom, in the town of Beggerye, in the county of Wexford, parcel of the possessions of the late Duke of Norfolk and Lord Barkley ; a messuage, 102 acres of arable land, meadow, and pasture, 7 cot- 1594-] CHANCERY, IRELAND. .279 tages, one acre of pasture, and one park, in Luske, in the county of . 3^ Dublin ; the tithe of corn of certain lands there, called Riglas, Elizabot'; together with aU customs and commodities to the town of Luske belonging ; a chief rent of 6s. 8d., Irish, yearly, payable by Patrick Finglas, out of his lands of Dullogh ; another chief rent of 13s. 4d., payable by Christopher Capron and William Spencer, out of the lands of Lossolaughe, a stang of arable land in the town of Grenocke, lying in the counties of Meath and Dublin, parcel of the possessions of the late convent of Grraeediew ; a fort or castle, 60 acres of arable land, and 2 acres of pasture, in Kennaghan, in the county of Meath, parcel of the possessions of the late monastery of Saint Peter's, of the Newtown, near Trim ; the tithes of Walterston, Branganston, Ferrans, Dromlargen, Donganston, Balfeighau, Peirstowne, Ballme- cowle, Kilgline, and Padenston, near Trim ; the tithe of lands and fish of the rectory of Portraven, parcel of the possessions of the late conyent of Gracediew ; four messuages, 120 acres of arable land, 6 acres of meadow in Witton, with 3s. ^d. for a certain custom there ; 36 acres of arable land, and 2 acres of meadow in Moffoerston, in the county of Meath, parcel of the possessions of the late monastery of Thomascourt, near Dublin ; a castle, two chambers, a great hall covered with tiles upon a vault, a haggard, three messuages, six cot- tages, with other buildings for the necessary use of the farmer, in Tobber, containing 2 acres, 120 acres of arable land, 6 acres of mea- dow, 20 acres of moor, with liberty of common of pasture called the " Warde of Tobber," and an old and ruinous water mill in the county of Dublin, parcel of the possessions of James Viscount Bal- tinglass, of high treason attainted; To hold for 31 years. Rent, £50 6s, 10 — Castle of Dublin, July 16, 1594. 34. Pardon of John Hardinge, of Barkinge, in England. — July 29> 36° Membrane 28. 35. Pardon of Terman M'Owen O'Rourke of Sligo, Brian M'Owen O'Rowrke, Phelim M'Owen M'Laghlan M'Parall buy O'Rowrke, Donell M'Murtagh M'Owen buy O'Gillegan, Owen M'Hugh O'Harte, Donogh Oge O'Harte, M'Owney ne Harte, Teige M'William Roe O'Harte, Patrick M'William Roe O'Harte, Phelim M'Phelim O'Harte, Brian Oge M'William Roe O'Harte, William O'MuUegan M'Thomas Roe O'Bronan, Nelan buy O'Harte. M'Conner Oge O'Harte, Shane Roe Lawlesse, Phelim M'Teige Oge O'Harte, Shane M'Teige O'Harte • M'Hugh Teige O'Harte, Brian M'Teige O'Harte, M'Hugh M'Gille- duffe, Teige M'Donogh O'Harte, Owen M'Shane Keogh O'Harte, Shane M'Pargjrranham O'Connor, Cormac O'MuUagh M'Fardaroe O'Harte, Donell Oge O'Connor, Honor ny Burke, Brian O'Haigiden Honor Oge ne Swyne, Brian O'Connell M'Thomas Lovett, Owen O'Plannelly M'Omullawna, Dermot Crone O'FlanneUy, Lyevome Shane O'Plannelly, M'James Albonagh, Teige buy O'Dowde Philip Albonagh, Allen Albonogh, M'Tirlagh M'Sharrye Cahill O'Flannellie Dermot O'Tarpe M'Cormack O'Dowde Teige Reoghe O'Plannelly M'Dermot O'Plannelly, Cormack Keogh M'Ervisse, William Dnffe' 28o PATENT AND CLOSE ROLLS, [1594. 36 M'Gollat M'Sele Grane ne Plannelli, Owen Grome Oloher, M'Manns Elizabeth. Diiffe Otolan, Con O'Parris M'William Duffe Ologher, Parrell OTlan- nelly M'Plugh O'Plannelly, Edmond Tore M'Parall M'Brian O'Harte, Rory O'Harte, M'John Flore, Hugh O'Syredan, M'Manus O'Kerran, Thomas Cain M'Combayne, James Duff M'Donnell, Donagh O'Harte, M'Teige O'Harte, Hugh O'Harte, M'Gillepahutt O'Harte, Brian Duff M'Goan, Brian M'Bdward Descrenenarte M'Manus, Gerald Dirlan, William Oge M'Hubertbuye Corconnanght M'Nemye, Kayer M'Kedo M'Donnell, Ennis M'Donnell M'Donnell O'Cleare, Pardaro O'Oleare, M'Sele ne Mughan, William O'Mughan M'Morris M'Connye, FaiTall M'Rorye, William Taelle M'Mulronye O'Harte, Teige O'Car- vuU M'Cahill M'Brehon, Dualtagh M'Shane glasse O'Garie, Rory M'Shane glasse O'Garie, Owen Grome M'Shane glasse O'Garvye, Sliaiie O'Murragh, Thomas M'Cog M'Owen M'Dannagh, Brian ne Kille M'Donogh, Rory M'Donogh M'Kayer M'Donogh, Donogh Oge M'Donogh M'Irill O'Garvye, Teige , O'Garvye, M'Pargmanham O'Garvye, Dualtagh M'Shane Oge O'Garvye, M'Brian M'Dermot Kedo JI'Dermot Roe, Donnell M'Murrietagh O'Healy, in the coun- ties of Mayo and Sligo ; Hubert buye, alias M'Redmon M'Shane M'Ulick Burke, Richard Bryminghan, Thomas Oge Bryminghan, M'ReJmond Brymaghan, Thomas Duffe Brymaghan, M'Carbnry Oscove, Owen Grane M'Bnree, Donnell M'Enree M'Richard M'Tib- bott, Henry M'Tibbott M'Moyler Duff, Melaghlan Roe M'William O'Xelly, Brian M'Conner O'Kelly, Brian O'Hanin, M'Hugh O'Kelly, Redmond M'Croback, Moyler M'Croback, M'Morne ne Holleran, Brian O'Connell, Hubert M'Rickard Plan M'OarroUa, Ulick Bourke, Shan Karro O'Kelly, Ulicke M'Connell Bourke, Teige M'Redmond M'Dermot Roe, Shane M'Ulioke M'Shane O'Congay, Murtagh buy M'William M'Thomas, Redmond Keogh M'en Origon, Teige M'Brian baccagh (the lame), Brazell M'Donnell M'Owen O'Plannelly, Owen MDonnell Oge M'Mullrony, William Wene M'Dermot Reogh O'Naghten, Murtagh buye O'Naghten M'Owen Grocke, Teige M'Ekalo O'Conner, Tirlagh M'Ekalo O'Conner, M'Toghell M'Kedo O'Goiiner, and Alexander M'Doell, of the county of Roscommon ; Dualtagh Nyle O'Knogher, William Oge O'Browodyn Knogher Lich O'Daly, Dermot M'Redmond O'Daly, Shane O'Daly M'Duff Daro M'Redmon, Teige O'Kerine, Knogher Duffe O'Herrere, Hugo M'Teige Joggayne, Owen Lytoye, M'Loghlen Otherin, Donnell O'Kahill, M'Unell O'Moclan, and Maghan Moell M'Rorye O'Higan, of the county of Clare — Dublin, Feb. 22, 1S93, 36°. Membrane 29. 36. Appointment of George Robinson to the office of Prothonotary of the Common Bench, and keeper of the writs, bills, files, pleas, records and rolls ; To hold, by himself or his sufficient deputy, dur- ing good behaviour Castle of Dublin, July 2, 36°. 37 . Appointment of William Jones to the office of Janitor of the Castle of Dublin, with the fee of one shilling a day; To hold during good behaviour ; and her Majesty directs that he shall not be re- 1594.] CHANCERY, IRELAND. 281 moved from that office without good and sufficient cause communi- 36 Gated to the Lord Deputy and Council, and by them certified to her- EUzabeth. Be\{.— Castle of Dvhlm, lad of Jan., 1593. 38. Appointment of Francis Capstock to the office of Clerk Gene- ral of the works of all her Majesty's honors, houses, castles, and dominions ; To hold, during good behaviour, by himself or his suffi- cient deputy. — Castle of Dvhlin, Nov. 27, 36°. Membrane 30. 39. Appointment of Stephen Jennings to the office of Clerk, Comptroller, or Surveyor-General of the Ordnance and Munition ; To hold during good behaviour, in as ample manner as Michael Kettlewell held that office.— if arcA 9, 1593. 40. Presentation of Thomas Tedder to the perpetual rectory of the parish church of Agher, in the diocese of Meath, vacant by the decease of Eugene M'Garthy, and in the gift of the Crown, pleno jure — Dec. 5, 1593. Membrane 31, 41. Licence to Alexander Cosby to alienate his possessions; in con- sequence of a great part of the lands having been wasted by the late rebellion, and no person would undertake the repeopling and rehabitation, unless they obtained an assurance of a certain estate to build and plant thereon. — Castle of DvUin, Nov. 28, 36°- 42. Leave of absence to William Pitz William, principal Clerk and Scribe of the Commissioners of Ecclesiastical Causes ; Zachary Peirce, Chief Usher of the Exchequer, and Clerk of the Crown, Peace, and Sessions for the county of Westmeath, county of the town of Drogheda, Louth, and Longford ; and Richard Chichester, Comp- troller of the great and small Customs of Drogheda; for twelve months. — Dublin, Jidy 6, 36°. Membrane 32. 43. Appointment of William Saxei to the office of Chief Justice of the province of Mnnster ; To hold during pleasure ; in as ample manner as Jessens Smithes or any other person held that office Castle of Dublin, Avg. 13, 1594, 36°. 44. Commission to Thomas Earl of Ormond and Ossory, High Treasurer, to execute martial law within the pale ; her Majesty states that " upon very weighty causes of our service, Sir William Russell, our deputy, is resolved to repair to the province of Ulster with such of our army as shall be needful for the pacification and better quieting of our subjects in those parts ; and forasmuch as by advantage of the absence of our Deputy and forces in those remote countries, the disordered and evil disposed, bordering upon Wexford Kilkenny, the Queen's County, Catherlogh (Carlow^, counties of 38z PATENT AND CLOSE JIOLLS, [15 36 Eildare and Dublin, namely, Feagh M'Hugh and his sons, Wal EUzabeth. Reogh, otherwise Titzgaj^rott, the sons of the late tyaitor, Rory and of Peirce Grace and their adherents, might take encouragem and be emboldened traitorously to move and stir war, rebellion, commotion within those counties and other parts of Leinster ; or ti torously or rebelliously burn, prey, or spoil our faithful subjects these counties." Her Majesty, therefore, nominates him, the Bar Ormond, during the absence of the Deputy, General and leader of army and forces in the six counties, for the defence of the same and borders thereof ; and if it fortune that those evil disposed persons, any of them, or any other traitor or rebel, should traitorously or rel liously levy war or commit any open rebellion by murder, burni spoil, or preying, her Majesty gives him power and authority prosecute, pursue, surprise, punish, and correct those traiton malefactors and rebels by fire, sword, and all other good me; which in his wisdom should be thought fit for her honor, the defei of the country, and conservation of the peace ; and for the bet accomplishment of this purpose, she confers on him authority raise and assemble all subjects of whjatsover state, dignity, or degr either spiritual or temporal, as well within liberties as without, a all martial forces residing within the six counties, or elsewhere, a to lead, command, and direct them as shoidd to him seem expediei for the defence of those shires, and the extermination of such traito as should commit open rebellion in those counties, and all their a herents, confederates, and abettors ; and the better to answer h Majesty's expectations, she authorizes him to parley and treat wi( traitors or rebels within the province or borders, receive as man of them as to him should seem proper, into her Majesty's pr tection, and the persons so protected, during the continuance of the protection, might safely come to and return at their will ai pleasure ; her Majesty also gives him power to execute martial la within the province, and to command all the inhabitants of tho counties, -what degree or state soever they be, to reside within th< counties, and the borders thereof, with such force of horse and fc as he should direct for their defence, at their own charge ; a authority to take up, in any place in Leinster, man's meat and hoi meat in reasonable sort, without oppression, paying ready mom according to the accustomed price, and to take as many post hors carriages, carts, cars, drays, and garrons, -with their meat, fnrnitu and drivers, as he should think necessary; to wage, (engage,) and 1 tertain especial currors (runners) and messengers forgetting inte gence aud performing such messages as he should assign to the her Majesty urges him ]to the utmost of his power to be provide careful, and diligent in her service, and charges and commands her loyal and faithful subjects, captains, seneschals, and soldiers the province, to aid and aspist him in fprtherance of her service Aug. 15, 36°. Memhrane 33. 45. Commission to the Lord Chancellor, the Bisl^op of Heath, TS94-] CBMCERT, IRDLANP. 283 W. Weston, Chief Justice of the Common Pleas ; Sir Kobert Napper, 36 Chief Baron of the Exchequer ; and Sir Anthony Sentleger, Master Elizabeth. of the Rolls, during the absence of the Lord Deputy from Dublin, to hear and determine within the entire province of Leinster, as well within the liberties as without, all causes, suits, and contro- versies that should happen in that province, or concern any of the inhabitants there, in as ample manner as the Lord Deputy and Council could have done in like cases. — Note. — This commission was issued in consequence of the Lord Deputy having proceeded to the North, on the expedition in the preceding article mentioned. — r Aug. 18, 36°. 46. Appointment of William Synnot, of Ballinran in " the Moroes," in the county of Wexford, to the office of Chief Justice of the liberties and privileges of the county of Wexford; To hold during good behaviour, in as ample manner as George Dormer held that office. — Castle of Dublin, Oct. 8, 36°- 47. The Queen to Richard Bingham, Chief Commissioner of Con- naght ; Thomas Dillon, Chief Justice ; and Gerald Quomerford, At- torney, of the same province, directing them to return into Chan- cery, on the Octave of the Purification of the Blessed Virgin, a certain inquisition finding the title of Edmond Barrett, sen., and Edmond Barrett, jnn., to certain lands in the county of Mayo. Dublin, Nov 18, 31° (sic.) Membrane 34. 47. Grant of a pension to Sir William Clarke, of los. a day, in consideration of his good service, and of his retaining 10 horsemen and others to serve against the Irish enemy. — Dublin, Nov, 14, 36°. 48. Appointment of William Harpoole to the office of Constable of the castle of Catherlagh (Carlow), with the cbarge of ten armed foot for its defence; a fee of £20 a year, and 8d. a day for each of the foot soldiers ; To hold during good behaviour ; and he shall not be removed from the office without just cause certified to the Council of England Oct. 21, 36°. 49. Licence to Robert Harpoole, of Catherlagh, to alienate the lands of Kilmagabocke, otherwise called the Monk's Grange with the tithes, in the Queen's county, and all castles, lands, advowsons donations, and right of patronage, in the said Grange, to Walter Harpoole, Dean of Laughlin, Robert Bowen, gent., and John Hovendon, gent., in trust for the use of Grane Harpoole, wife of the said Robert, for the term of her life ; remainder to their heirs • remainder to the heirs of the said Robert Dublin, Oct. 2, 36°. ' 50. Grant to Richard Brett, of Tullocke, in the county of Meath of 5 messuages; 35 acres of land in Colrenan ; the rectory church' or chapel of Rathraolian ; ten cottages ; 80 acres of arable land in 284 PATENT AND CLOSE ROLLS, [1594. EllzabPth ^?''®''°°''<'an, otherwise Killeoonogon ; the rectory of Killezonocan, ^"^ KiUeconogan, with all tithes, oblations, and obventions, in the county of Meath, parcel of the possessions of the late hospital of St, John of Jerusalem in Ireland; To hold for 21 years, from the deter- mination of a lease for 30 years made to Gerald Aylmerj rent £42 ; and four couples of corn, for which Brett covenants to render yearly, for the use of her Majesty, "forty pecks of sound corn, viz., five pecks of wheat and here malt, and 5 pecks of oat malt, out of every of the said four couples ;" and on the delivery of the corn, he 18 to be allowed 2s, for each peck of the iorty.— Castle of DMin, June 8, 1594. Membrane 38. 51. Appointment of William Usher to the office of Clerk of the Council General, with the usual fees on all petitions, warrants, com- missions, protections, subsidies, and donations, from time to time, to be signed by the Lord Deputy] To hold during good behaviour, in as ample manner as Rowland Oourck, Ludoovic Brisket, or Na- thaniel Dillon, held that office. — Dublin, March 22, 1593. 52. Grant to Robert Bostocke, of the tithes of Sherlockston, in the county of Kildare, parcel of the possessions of the late hospital of Saint John of Jerusalem, the tithe of corn of the parsonage of Kil- laghe, in the county of Kilkenny, part of the possessions of the late abbey of Thomas-court, by Dublin ; a messuage in Drogheda, parcel of the possessions of the convent of the Grace of God, otherwise called Gracedieu ; the parsonage of Ardefynan : the parsonage and vicarage of Rathcronan ; the parsonage and vicarage of Mortellston ; the parsonage of Kilmologe, with all tithes, alterages, and emolu- ments, as well spiritual as temporal, in the county of Tipperary, parcel of the Preceptory or Commandry of Aney, appurtenant to the hospital of Saint John of Jerusalem ; 4 messuages ; 30 acres arable, of great measure, in Ballinrody, in the county of Waterford, parcel of the possessions of the late priory or house of friars of Dungarvan ; certain shops in the Bridge-street of Drogheda, parcel of the posses- sions of the late hospital of Saint John ; a messuage or tenement in the city of Waterford, parcel of the possessions of the abbey of Tin- tern, in her Majesty's hands by the dissolution of that house; To hold for 31 years; rent £12 i8«. 2d. — Jan. 19, 36°. 53. Grant to Patrick Graunte, of the town of Pleberstone, in the county of Kilkenny, containing, by estimation, 3 messuages and 3 acres of land of all kind, of country measure, with the tithes of grain and hay of Pleberstone, Brownestowne, Possm°codye, and Disertbeg, parcel of the possessions of the late monastery or priory of Kenlis ; a messuage, with a garden, in the town of Kilkenny, lying between the lands of John Sweetmau on the west, and "Boy- shis-lane " on the east ; a bakehouse in the town, between the ceme- tery of the Blessed Virgin on the west, and Loealane on the east ; a toft or vacant place in the town, between the bakehouse on the south, 1 594-] CHANCERY, IRELAND. 285 and the house of Robert Foratale on the north-west ; a messuage or _ 3* garden lying between the highway near the market-cross on the Elizabeth, east, and the lands of Sir Richard Shea on the west, and in length, between the lands of Robert Roothe on the north-west, and the lands of the said Robert on the south ; an annual rent of 2s. 'issuing out of a messuage and garden in the town of Kilkenny, in which John Routh PitzPiers resided, parcel of the possessions of the late abbey of Douske ; a messuage in the town, with a garden, in the possession of Richard Haggard, lying near the mill of the Earl of Ormond, called " Genkin's mill," parcel of the possessions of the abbey of Jeriponte ; part of the lands of Kilrobin, containing a fourth part of an acre of all kind, parcel of the possessions of Daniel Balloghe O'Brennan, late of Kilrobin attainted; Rathcally, Croghtynelye, Kilderregan, Clonyne, Kyllins, Ballyshanboy, Barnewadden, Burris, and Killyns, parcel of the possessions of Terlagh M'Donell, M'Bdmond Ryan, late of Ballenshanboy, in Farrin O'Ryan, attainted of high treason ; Ollard and Knockwarron, parcel of the possessions of Perginanin O'Ryan, late of Ollard, attainted; BarnemcoU, Ballenewalle, alias TVales- towne, parcel of the possessions of Peter Grace, late of Brenshaughe, attainted, the tithes of Parrinbrock and Cappell, parcel of the pos- sessions of the monastery of Black Priars, in the county of Kil- kenny; Oullaghe, in the county of Tipperary; Inchofogertye, Tow- rin, Katgowle, parcel of the possessions of the monastery of St. John the Baptist, without the New-gate of the city of Dublin ; Cowle- gorte, Lyssine near Ballinbogan, in the country of Clonewilliam ; Knockekillie, with a castle, and 20 acres of land ; Castlegarr, Our- raglinewony, a third part of the town of Boghirin, Crossaille, Garra- more, m Ormond; Kilkerasker; a messuage and small garden in Carngmagriffen, and Ballim^egillemle ; To hold for ever, as of the castle of Dublin, in free and common soccage ; rent £4 as. o^d JDiiblin, March 25, 1594. y 4 ■ Membrane 42. 54- Grant to "William Brown, of 12 acres of pasture and furze standard measure, m the western part of Kilmainham wood, in the county of Dublin, parcel of the possessions of the late monastery of St. John of Jerusalem, in Ireland; a frank house in the town of Skrine, in the county of Meath, parcel of the possessions of the same monastery ; the farm of a half carucate of land in Molaghcloo • a quarter of arable land in Clonmukgellowe ; a quarter of land in :^'^'!.\ .^^°'*'"'' *^^ ^^™ °^ ^^^ t'tJies of Tebehin, annuallv gathered by the executors of Sir Thomas Cusake, parcel of the pos- sessions of the late monastery of Clonarde ; the site, ambit, and mZI T I liT'^ ''^ ^^^'P f "^' Loghsewdie, in the county of Meath ; To hold for ever, as of the castle of Dublin, in free and com- mon soccage j rent £2 17*. lod.—DubHn, April 22, 1594. Membrane 43. 65. Appointment of Arthur Coiye to the office of Serjeant-at- 286 PATENT AND CLOSE ROLLS, [1^94. ^ , ^'^) during pleasure ; To hold in as ample manner as Richard Elizabeth. Pinglaa, John Bathe, Patrick Barnewall, or Edmond PitzSymons, held that office. — Dublvn, May 9, 1594. 56. Appointment of Sir William Russell to the office of Lord Deputy of Ireland, during pleasure, with authority to protect the peace, laws, customs, and all liege subjects, English and Irish ; to punish all persons offending ; to ordain, with the advice of the Council, ordinances and statutes ; to make proclamations, and require the execution thereof; to chastise and punish all offenders; to receive all rebels to the king's allegiance, to grant full pardon to aU seek- ing same, and suit of peace for all felonies and murders ; to accept fines and redemptions from such as ought or should be willing to make them for such offences ; to do justice to all persons according to law and custom ; to punish all invaders or persons intending to plunder or lay waste the kingdom and the liege subjects; to levy the king's subjects, and with them, conquer and chastise the rebels; and if necessary to allot and lease their lands toothers; tore- serve an annual rent upon every such lease and allotment; to par- don all treasons and other offences, excepting treasons against the king's life ; to appoint all officers with the advice of the Council, holding during pleasure, with all wages and rewards to those offices of antient time, due and accustomed, if any be English born ; to confer all ecclesiastical offices in the king's presentation ; the nomi- nation of archbishops and bishops excepted ; to confirm the privi- leges and liberties of all persons possessed of any ecclesiastical benefices ; to accept the allegiance, provisions, and renunciations of the archbishops and bishops, and to cause their temporalities to be restored, reserving all rights and revenues by reason of the vacancy of those dignities and benefices ; to receive the homage of all tenants, spiritual and temporal, and of all subjects ; to cause their lands and tenements to be restored to them, and the king's hands therefrom removed ; to take up necessary victuals for the entertainment of himself and his soldiers, with the requisite carriage thereof, defray- ing the necessary charges, according to the statute for purveyors ; unless by a composition made with the inhabitants of the pale and other counties, an annual sum be paid to the deputy, as compensa- tion for providing the victuals ; to summon and hold one parliament only when most expedieut, her Majesty's consent being first had ; to prorogue and adjourn that parliament as there should be occasion, and fully to determine, dissolve, and end it, within two years ; 10 mulct and punish all persons summoned who should be absetit, and not lawfully prevented ; to make all accountable officers account ; the treasurer and sub-treasurer excepted ; to inquire what goods or cattle were forfeited or concealed; to exercise and ordain every thing which by right, use and custom belong to the office of deputy- o-eneral ; and do all other things necessary for the conservation of the peace, and the quiet of the people j to execute martial law, and appoint so many officers as should be necessary for itd execution. — Westminster, May 16, 36°. 1594-] OHANCEKY, IRELAND. 287 MenArane 44. 36 57. Commission to Sir William Russell, Lord Deputy ; Sir Henry Elizabeth. Wallopp, Treasurer at War ; Sir Robert Gardyner, knight, Chief Justice of the Chief Bench; Sir Robert Napper, knight, Chief Barou of the Excheq[uer ; Sir Anthony St. Leger, knight, Master of the RoUs; and Sir Geoifry Penton, Secretary and Surveyor of her Majesty's possessions, to levy the debts due to her Majesty j — " Whereas divers great and notable sumes of money, due unto us for our late father of famous memory, King Henry the Eighth, our most dear brother, King Edward the Sixth, our dear sister the late Queen Mary, and also for ourselfe, by diverse persons, remaining hitherto unpaid, and yet doe depend in arrerage in our Exchequer and our Hanaper, within our realm, whereof we ought long time ere this to have been satisfyed and paide ; we, mynding alwaies the due satisfaction of all those to whom, by occasion of any of our affairs there, we have or shall be indebted, as to our honor besemeth, thinke it even so reasonable and convenient that all those which be in- debted unto U8, sholde of themselves, without compulsion, franklie and willinglie offer the payment of their duties that unto us be- lougeth, the rather considering our great charge, yerely sustained for the maintenance and defence of our good subjects of that realme ; but for tliat we understande they doe not so, but rather growe fur- ther in our debt than seek waies to paie us the olde ; and having at this time great occasion to oocupie money for sundrie our affairs, we are enforced to use towards those, our debtors, some sharper kynde of callinge than hitherto ha* been accustomed^ and therefore, trust- ing to your approved wisdom, we have appointed you to call before you the heads or inferior offifcers of our Exchequer, or of any of our courts, charging and commanding them to declare before you, by book or books, under their hands, all such debts, sums of money', and other things due and owing to us, or to our father or sister, in' any of the courts, by recognizances, obligations, boHds, farms,' or otherwise ; and thereupon our will is that you call before you all our officers, ministers^ farmerd, and all person? indebted to us by any means, commanding theta forthwith to pay to our use all such sums of money as shall remain in their hands, by reason of 'any office, farm, collection, or especialtie, or by any other means what- soever, aild to levy and gather to our use, by distress or otherwise all debts, arrears, and sums of money due to us, our father or sister, by any person or persons, and thereof to make payment to our use accordingly i".^W^«g^TO!«sier, May 16, 36°. Membmrie 4'j; 38. Commission to Sir William Russell, Lord Deputy, Sir Henry Wallop, Vice Treasurer, Sir Robert Gardiner, Sir William Weston Sir Robert tapper, and Sir Anthotiy St. Leger, Master of the Rolls' to demise and grant, for the term of twenty-one years, or for any lesser term, all her Majesty's manors, lands, fistings, rectories, tithes alteriig^s, aiid other hereditaments that should come to tei- Majesty's 288 PATENT AND CLOSE EOLLS, [159 36 hands by any means ; reserving such rents and services as to thei Elizabeth, should seem convenient ; to accept surrenders of any persons, po sessing, for any term of years, lands, rectories, or tithes, and to n grant and demise the same for 21 years or less; to compound f( wardships and Kveries, and to bargain for the custody and marria^ of the heirs of those within age, and under the degree of a baron.- Westtningter, May 16, 36°, 59> Grant to Robert Harrison, in recompense and satisfaction ( the sum of £411 17s. due to him for victuals supplied by him in th service of the Earl of Essex, of a ruinous messuage built " more Hibei nice," four small closes, and 20 acres of arable land situate betwee the wood of Kilmarten and the town of Belgre, in the county c Dublin, parcel of the lands and possessions of the monastery of th Holy Trinity of Lismullen, a cartron of land in Ballynamoylan( near Peirston, in the county of Westmeath; parcel of the possession of the same monastery, 40 messuages, one water-mill, five carucate of land, arable, 100 acres of meadow, 300 acres of pasture, 100 acre of wood, and 200 acres of moor, in Kinard and thereabouts, in tli lordship or barony of Moybreck, in the county of Westmeath, a ruinei place where was once a weir (gurgeg) upon the river Cloneleaghe the wood called Derfadd, with a sixth part of the red bog beginning at the entrance of the wood and the water-coarse of Bthnye, anc extending in length to the bog between Ologhran and the town oi Derfadd, in the county of Westmeath, parcel of the possessions oi the monastery of Tristernagh ; a quarter of land in Ardmoyle, par- cel of the possessions of Melanghlen M'Cormack M'Dermot, in the country, called Moylurge, in the county Roscommon, attainted ; a cartron or fourth part of a quarter in Tireowne or Byrne's country called Corystyan, parcel of the possessions of Teige Eoe O'Birne attainted; a cartron, that is to say, a fourth part of a quarter, and e fourth of a cartron in Moyletraughe, parcel of the possessions of Hug! M'William O'Kelly, attainted ; the entire site, ambit, and precinct o the cell or ruined chapel called Killetrynad, in the county of Mayo and a small quarter of land of all kind adjacent to the chapel, parcel the possessions of the house of Friars' Canons of the Holy Trinit; in Loghkey, in Moylurge ; two ruined castles wholly prostrate, nin- quarters of land, with the customs, liberties, fishery, and privileges in the towns, fields, and islands of Innisheclere, Inishbofin, am Inishekeas, in the barony of Irris, in the county of Mayo, no-v waste and uncultivated, parcel of the antient inheritance of th Queen, a long time concealed ; 20 acres arable land, country measun in Brangan, in Mowskery country, in the county oi Tipperary, pai eel of the possessions of John Burke Fitz Walter, attainted; a chapel ruined cell called Killamoye, between the mountains called the Cui lew and the Bralew, in the barony of Tireraghe, with the towns, caru cates, tithes, and appurtenances ; a ruined church, called Kilnegouc in the same country, with a glebe containing eight acres of every kinc and a third part of all tithes to the church appertaining, which ar extended one year with another, to one couple and a half of grai: 1594.] CHANCERY, IRELAND. 28.9 as the lands are cultivated ; another ruined church or chapel, called 3^ Killrasse, with the island called Innisheskilleghan, and a certain Elizabeth, parcel of land appertaining to the church, containing, by estimation, sixty acres of land, with the tithes and appurtenances ; a third part of the tithes of the church, which, when the lan^s are cultivated, is extended to a couple and a half of grain ; the ruined church or chapel, called Gewaghe, otherwise Shencho, with a small glebe of about eight acres, and three parts of the tithes which, when the lands are cultivated, are extended to one couple of grain, besides the stipend of the curate ; a third part of the townland, called Tryen Rosborne, in the barony of Carbry, in the county of Sligo, parcel of the possessions of the late monastery of Loghkee, in the country of Moylurge ) the tithes of corn and hay of the lands of Killeighe and Almandston, in the county Louth.; the tithes of Balligander and Glaspistol, in the parish of Termonfeghen, in the county of Louth ; the tithes of Baltra ; the tithes of Newton and Rathe, in the same parish and county ; and the tithes of Walterston, in the parish of Dro- myskyn, in the county of Louth, parcel of the possessions of the late priory of Louth ; To hold for ever in as ample manner as Mclaughlin M'Cormock M'Dermot, Teige Rufus O'Birne, Hugh M'William O'Kelly, and John Burke FitzWalter, at any time held or enjoyed the same, to be held as of the castle of Dublin, by fealty in free and common soccagej rent £26 13s. 8c?. — Castle of Dublin, Aug. 10. Membrane 50. 60. Surrender to the Crown by Robert Harrison, of forty mes- suages, a water-mill, five carucates of arable land, 100 acres of meadow, 300 acres of pasture, 100 acres of wood, and 200 acres of bog, in the lordship of Moybrecko, alias Moybreckre, in the county of Westmeath ; a ruined place where once was a weir (gurges), upon the river Cloneleaghe ; the wood called Derfadd ; a sixth part of the red bog, beginning at the entrance of the wood and the water- course of Ethenye, and extending in length to the bog between Clocording to the authority and power limS Mid appointed by our laws, customs, or statutes; and to usTand e.ecute^nyj,,,edictionorpreheminence which, bytheelStS U 2 292 PATENT AND CLOSE EOLLS, [1594. 3" law, custom, or authority, may be used or exercised j and to hear Elizabeth, and determine, order, correct, and reform, all unlawful marriages, adultries, and fornications, usuries, sacraliges, simonyes, and other ecclesiastical crimes and offences, according to your wisdom, con- science, and discretion ; using and devising all politique wayes and means for tryall and searching out of the premises, as by you shall be thought meet, expedient, and necessary ; and upon due and suf- ficient proof of the offence or offences, abuses, contempts, and enormi- ties, against any person or persons, by confession of the party, or by lawful witnesses and conviction, you shall have power and autho- rity to order and award such punishment to any offender, by all ways of correction, or any of them, as in your wisdom and discre- tion shall be thought meet and convenient ; and we give you full power to call before you all offenders, and such as you shall suspect to be guilty, and such witnesses as you shall think meet to be called, and them and every of them to examine, or cause to be exa- mined, upon their corporal oaths, for the better tryal and opening of the premises ; and if you shall find any person or persons obstinate or disobedient, in their appearance, at your calling, process, or commandment, then yon shall have full power and authority to commit all persons so offending, to such prison, and custody of such person, as you shall appoint, there to remain until he or they so offending and committed, shall be by you enlarged and delivered ; and also to impose such fine or fines as in your wisdom shall be thought meet." "And further, we give you full power and authoritie to take and receive, of every offender or suspected person, brought before you, and all other persons who shall be pledges, sureties, or manucap- tors, recognizances or obligations for our use, in such sums of money as to you shall seem meet, for their appearance before you, as also for the performance and accomplishment of your orders and decrees." " And we are informed that there remain within our realm of Ireland, divers perverse and obstinate persons who refuse to ae- knowlege, confess, and set forth our superioritie, prerogative, and preheminence within our realm, and other our dominions, and also to observe such ceremonies and orders in divine service as have been established and set forth by the laws and statutes of this our realm ; by our jurisdiction we do assign, depute, and give you full power and "jurisdiction to tender to all archbishops, bishops, and other prelates, deans, archdeacons, parsons, vicars, oflBcers, or ministers whatsoever, ecclesiastical, and all and every temporal judge, justice, mayor, or other lay or temporal officer, the oath spe- cified' in the Act, entitled 'An Act for restoring to the Crown, &c.;' and against such persons, as shall peremptorily or obstinately refuse to take the oath, to proceed according to the tenor, force, and effect of the statute, at your discretion. " Furthermore, in a parliament held at Dublin, in the 28th year ol our dear father, King Henry the Eighth, a prince of famous memory an Act was passed, entitled ' An Act for the English order, habit and language,'— the lack of the due execution whereof hath engen. 1594-] • CHANCERY, IRELAND. 293 dered a great frowardness, perverseness, and dangerous diver- 36 sitye amongst our people in Ireland, and speciallye in the clergye Elizabeth, who, in good example of life and conformitie of our laws and ord- nances, should and ought to excell the rest; we, therefore, give you full power to put so much of that statute, as concerns the clergy, in full execution. And as divers persons in the realm of Ireland, in remote parts, not commodious for your access, are to be enquired of, some as witnesses, and some as parties, we give you full power to substitute and delegate under you, such able person or persons as you shall think meet, to take such inquisi- tions and examinations ; and also bonds and recognizances, in reasonable sums of money for our use, of such witnesses and parties offending, for their appearance before you, as shall seem to be most convenient to you ; and if any person or persons of stubberness or wilfuUness refuse to come to you, after personal monition and warn- ing given to them, affixing your precept and commandment upon the doors of their dwelling-house or usual place of their resorting, upon affidavit or certificate made, then it shall be lawful for you to cause open proclamation to be made against such person in the fair or market town, at the fair or market, or in the parish church of such person in the time of divine service, or some Sonday or hoUydaye, where the multitude of the people, to hear service, are most commonly thought to be present, to come unto you at such time and place as you shall appoint ; and if they come not unto you at such time and place as hath been appointed by your proclama- tion, that then you shall give direction and order for correction and punishment of each such offence or contempt, the quality of the offence or contempt considered, by fine or otherwise, according to your discretion." "And as divers merchants and other persons have and keep divers coopes, vestiments, challices, idolles, crosses, and other superstitious reliques to the maintenance of Poperie, and daylye bringe over divers bookes, works, tretises, and wrytinges, not only repugnant to our ecclesiastical laws, but also seditious to ourselves, onr Crown and imperial dignitie, and pemitions to our subjects, whereby enor- mous conspiracies, mutanies, and rebellious practices are caused and maintained among the people of Ireland ; we, therefore, give you full power and authoritie, either in person or by your substitutes, to search as well the ships, barques, or vessells, as the shoppes and bowses of any merchant or other person whom you shall suspect for having or keeping any such coopes, vestiments, challaces, idolles crosses, or for bringing or laying up any such books, ballets, songes' sonnets, works, treatises, rymes, or writings, or any other reliques • and all and singular, the same to seize upon, take, and carry away' either within liberties or without, to be reserved for our use and be- hoof, to be disposed of as we or our deputy shall order ; and to punish such offenders, by imprisonment of their bodies and'fine for our use, as you shall think meet." ' " And we do hereby order, touching all precepts, commandments or process to be awarded by yon, our Commissioners, that a note of 294 PATENT AND CLOSE EOLLS, [1594. 36 the names of such as you shall send for, shall be taken by one of you. Elizabetli. our Commissioners of the quorum, to remain with yon until the day assigned for their appearance ; and in the meantime, by partialitie of any our officers, none of them shall be discharged, or othei names be added by any under-minister to the wrongful vexation oi any of our true subjects. And our pleasure is, that henceforth you shall not pass any grant or warrant, for a reward or allowance out of our fines, to any officer attending in or about the execution oi this our Commission, without the special consent and advice of oui Deputy, if he happen to be resident then within ten miles of the place where this Commission shall sit, for the time being j saving that you may pass any grant or reward to such of the messengers as serve in the Court to have their allowance out of the fines." " As divers lay persons and others in Ireland, who hold in farm or otherwise, parsonages, vicarages, chapels, oflferings, tithes, and other ecclesiastical livings, sometime impropriate to abbeys and other houses of pretended religion within the realm, in the time of our dear father, put down and dissolved, do neglect to repair the portions of the chancels belonging to such vicarages and cha- pels, and obstinately or negligently permit the chancels of the same to run into utter ruin, decay, and profanation, to our dishonour, and without finding fit and able ministers to serve the same, whereby God's divine service semeth, by their defaulte, to be utterlie despised and condemned ; and numbers of other spiritual incumbents, par- sons, and vicars, for their parts and portions of their churches and chancels, and parishioners of the same parishes, as concerning the bodies of their churches or chapels to fall into like decay and ruin for want of repair, to the great hinderance likewise of God's service, and hinderance of the good and meet congregation of our subjects, to hea,r and learn the sincerity of God's holy wo?d and Gospell, and their duty and obedience to God and us j we, therefore, being very df ^irous that these enormities, with special regard, should be looked into and reform,ed, we give you full power and authority, as well to call before you all persons, spiritual or temporal, ofFendinge in any of the premises in this clause mentioned, and upon their appeai- ance to compel and bind them with good sureties, by bonds of re- cognizance, to build, repaire, and amende their chauncells, churches, and chapels, so decayed, mined, or profaned j and to give order for placing convenient ministers in every church by a certain day, by you to be limitted, according to law ; and to assign to the ministers such reasonable sallary or stipende,,by the farmers or persons, as to you shall seem meet, having regard that our rent, or the rent due to other owners or proprietors of parsonages, be not decayed thereby , and by fine or imprisonment further to compel them, if anj shall refuse, to e^ter into such bonds of recognizance ; and if nee into public credit for our service, we meane to erect a new seal, Elizaljetli reserving and committing to your discretion, both how it shall be used and to whose custody it shall be committed, with the order of the fees arising to us or the keeper. And lastlie, our express will and pleasure is, and we declare that all former Commissions for ecclesi- astical causes shall cease and determine ; and we reserve to our De- puty the appointment of a register or clerk of this our Commission, and to limit competent fees, meet and convenient for the advance- ment of our service; willing and commanding hereby all justices of peace, mayors, sheriffs, constables, and all other officers, minis- ters, and faithful subjects, to be aiding and assisting you our Com- missioners, or any five of you, or any substituted by you, in the due execution hereof, as they tender our favor, and will answer to tlie contrarie at their uttermost perill. — Castle of BMin, Nov. 27 36°. Membrane 12. 2. Commission to Sir Thomas Norreys, Vice-President of Munster ; William, Lord Bishop of Cork and Clone ; Sir Warham Sentleger, one of the Privy Council ; Jetfry Smithes, Chief Justice of the same province ; James Goold, second Justice ; George Thornton, Provost Marshall ; and Hugh Cuff, one of the Council, to partition and divide, by certain limits and bounds, the territories and countries of Beare, Bantrye, and Ardea, and all the castles, rents, duties, and services now in controversy, before the Lords of the Council in Eng- land, between O'Donell O'Swillevan, and his uncle. Sir Owen O'Swil- levan, according to the letters of the Lords of the Council, dated at Nonesuch, the 5th of June, 1593 Jvly 18, 35°. 3. Partition and division of the territory in the preceding article mentioned.— The Commissioners state, " that the matter in contro- versy between Donell O'Swyllivan and his uncle, before the Lords of the Council, was, before their lordships, grown to a hearing divers times debated and discussed, and upon full consideration of their titles to the territorjr in demand, it appeared to certain Com- missioners to whom their honors committed the 'ripping up' of the cause, that her Highness had a better title to the contries than any of the parties; nevertheless, her Majesty, of her bounty was con tent they should have the same betwixt them ; thereupon the parties consented that a division should be made of all things de manded betwixtthem ; and her Highness addressed her Commission under her Great Seal to us to divide and plot out, by certain limits all the country of Beare, Bantry, and Ardea betwixt the parties ac' cording to the tenor of their lordships letter, dated the 5th of June in the thirty-fifth year of her Majesty's reign, in the foUowinff terms :— 'After our hartie commendations to your lordship— whereai there hath been of long time a suit begonne and continued by Donell Swyllivan against his uncle. Sir Owen O'Swyllivan, of the Bear? for the title and possession of the country of Beare and Bantrv intn which Donell hath aUeged that his uncle, Sir Owen, made firsSy 296 PATENT AND CLOSE KOLLS, [1594. 36 thereunto after the death of Donell's father, being the elder brother Elizabeth, of Sir Owen, and by that usurpation, according to an Irish customW continued the possession thereof divers years, until, by the abetment of M'Carthy More, now Earle of Glancare, he came into England with M'Carthy, and procured him to surrender his estate to her Ma- jesty, as though he had good right thereunto, and soe obteyned upon that surmise, and by the favoure of M'Cartie More, at the time M'Cartie was made Earle, letters patent from her Majesty of that country; against which Sir Oweu hath not only pleaded his patent, but also alleged that the possession of that country hath commonly come collaterallye to the uncles of the sons of the lyneal line of Donell, affirming for proof thereof, that there hath been in possession, besides himself, three that have been uncles to the children of the lyneal lyne, the which Donell alleged to have been by force, when the nephews of the lyneal line were within age; and that was also done by the supportation only of the Earl of Desmond, whereby the partie was called " O'Swylevan GyraJdaugh," and some of the rest were tept in possession forceably by the mainten- ance of the M'Carties of Carbrie, and therefore were called " O'S wyl- . livan Carbrye;" and so after divers allegations on either side, for maintenance of their title, Donell, making complaint against his uncle, was sent into Ireland to exhibit his complaint there, where both parties might be heard before the Deputy and Council, and Sir Owen did appeare and made answer to the complaint and petition of his nephew ; and there was likely to have taken an end by plead- inge betwixt them, but Donell, doubting of some partial favor shewed by the Earl of Clancare, and others the M'Carties, neigh- bours to that country, came hither into England, and by supplica- tion to her Majesty, and to us of the Council, made earnest suit to have Sir Owen sent for over hither, to have the cause here heard and determined ; and in this case long time was spent before it came to any hearing, for we thought it mete to send for the plead- ings that had been in Ireland, which being brought over and perused, ■we found no ground to judge upon the antient title and right, for, by the pleadings,' there did appear only the demands and allegations of the plaintiff, and the answer and denial of the defendant, for proof whereof there was nothing shewn by good warrant, either by evidence of writing or testimonies ; and, therefore, lacking the same, we thought best, with the consent of the parties, that a Commis- sion should be sent to the Vice-President and Council of Munster, as persons indifferent, to examine, by all good means, what proofs might be produced by either party for maintenance of their allegations." " And to the end our intention should not be frustrated, we moved them to be bound in great sums of money, whereunto they would willingly assent, to obey the final sentence which we. should give upon the return of the Commission, and so they were dismissed to return into Ireland; and as your Lordship knoweth, by our di- rection, a Commission under the Great Seal of that realm was di- rected to Sir Thomas Norrice, President of Munster, to Sir Robert (a) Tanistry. 1 594-] CHANCERY, IRELAND. 297 Gardiner, Chief Justice, and Sir Roger Wilbraham, her Majesty s 36 Stor.to examiDe the state of the titles betwixt them, by means of Elizabeth, sundry articles sent thither in writinge by us, which were collected bv her Majesty's learned council here of their former pleadings._ " By virtue of that Commission, the Commissioners repaired into the countries of Beare and Bantry, and calling before them all such persons as both parties could produce, they examined them upon oath, returned the depositions in writing, engrossed on sundry veUums of parchment, being so great a length as to cause .rreat time to be spent in perusing thereof. And yet, nevertheless, for the better discussing of the varieties and contrarieties of the de- ponents, we committed the perusal of the depositions to Sir John Popham, Chief Justice here of the King's Bench, Sir Thomas Norris, Vice-President, and Thomas Bgerton, her Majesty's Attorney-General in England, and Roger Wilbraham, Solicitor in Ireland, who took great pains to peruse the depositions, and having both parties before them to be more fully informed of the state of their several titles, in conclusion, informed them that the Queen had better title to those countries than either of them, though it had been long discon- tinued by the usurpation of the M'Carties, after the Irish manner, • and, upon consideration had of the proofs, it seemed very doubtful to which of them any title might be adjudged without scruple ; To tliat end they were content to submit themselves to such division of the lands between them as her Majesty and we should best like of, and to accept the same from her Majesty by her letters patent." " And now, after this long declaration of the cause, how it hath been proceeded in, and continued here many years, we desire, briefly, to express our opinion and resolution in what sort the controversy may be determined, and either party provided with a convenient por- tion of the country to be allotted unto them, which being plotted and bounden out, may be hereafter, by her "Majesty's letters patent, granted to either of them ; which resolution, touching the manner of dividing the country, we have reserved from the knowlege of the parties, until the same may be directly executed, without any quar- relling of the parties or their friends. And for the partition of the countrie, we find fit that Donell O'Swillyvan, the plaintiff, is lyneallie descended in five descents from Dermot Ballogh O'Swillyvan Beare, who was quietly possessed of the castle of Beare, the haven, and a portion of the country round aboutj before any of the collateral line usurped upon their nephewes in the lynealline, and the more part of the children of the lyneal line from Dermod was, for the more part, in quiet possession of the castle and' countrie adjoining." " Therefore, we do think it agreeable with right, that the castle and such portion of land as hath been usually held by him who had the castle, should be allotted to Donell, and the other part of the country called Bantry, should be allotted to Sir Owen ; and that in this division of the country, the same may be as equally divided as the Commissioners shall think convenient; saving that Phillip O'Swillyvan, brother to Sir Owen, and his Tanist, may have al- lotted unto him some portion in this division of the country called 298 PATENT AND CLOSE ROLLS, [1594. 36 Ardea, -where the said Philip hath, as we be advertised, present Elizabeth, possession j and now that we have shewed our opinion of the manner of the partition to be made, and at good length declared the manner of our proceeding; wishing that the execution there- of may be performed both speedily and quietly, that neither of the parties nor their friends might be made acquainted therewith, before it he executed, we require your Lordship to communicate, these our letters, to such of her Majesty's Council there, as shall be fit to give any advise thereon, and to acquaint the solicitor with the same, because he was both a Commissioner in Munster, and was used by us here about this matter; and thereupon to send the double of these our letters to the Vice-President and Council in Munster, and to cause a Commission to be granted to the Vice- President and Council to proceed to the execution of this parti- tion according to our advice, to whom we have also written our letters at this time to signify our desire that he would cavefullie regard the execution of that Commission ; and yet, if you the Coun- cil should find any just occasion to alter any part thereof, we leave it to your better consideration, and so, requiring you to advertize ua • of your proceedings, we bid you, heartily, farewell." — From (he Court at Nonemch, 5th of June, i5g3. Your Lordship's very loving friends, ♦ John, Cant. John Buckeringe. Wm. Burghley. Essex. Howard. Thos. Buckhurst. Tho. Heneage. J. WoUey. J. Fortescue. " To our very loving friend, Sir William Pitz Williams, knight, Lord Deputy of the realm of Ireland." " Forasmuch as Sir Warham Sentleger and Master Chief Justice Smithes were in England, and Master Cufi'e at Dublin, before the time appointed to proceed to the partition, so as they could be warneid thereof; and we, the Vice-President, and the rest whose names are subscribed, by our letters, signified to the Lord Bishop the contents of the Commission, and appointed a special time for proceed- ing thereupon, and prayed to have his presence and assistance there- in ■ but the Bishop excused himself by sickness; whereupon we entered into the consideration of the cause, and after long delibera- tion and divers conferences had with skilful men who are acquainted with every part of the country of Beare and Bantry ; and haying sundry times perused the qxamination of the witnesses on both sides, returned befol:e the Lords in England, together with the commis- sion and letter we received, it appeared unto us that the countries of Beare and Bantry contain but three score quarters in demesne and service, eveyy . quarter containing three ploughlands, whereof doth belong to the bishoprick of Cork eight quarters, and to certam freeholders thirty-three quarters, so there is no more belon^ng to O'Swylly van and all his Sept of demesne in Beare and Bantry but nineteen quarters, whereof O'Swyllivan had in continual and settled estate but five quarters; a^d the remaining nineteen was wont to IS94-] CHANCERY, IBBLAND, 299 be divided betweeti him and his Sept, ■whereof sometimes his part 3^ was less, and sometimes more, as his Sept increased or decreased." Elizabeth. " And as we understand by the witnesses, and by divers exa- minations and intelligences, that there are four ploughlands, viz., one quarter and a plonghland in demesne, about the castle of Donboy, and there is also belonging to O'Swyllwaney two quarters of demesne lands in the Great Island which is adjoining the castle, and there is belonging to him in the island of Boy, three- quarters and'aploughland,andtwo other quarters, called Parrenbourd, near Aghdrem, all which demesne lands amount unto eight quarters and two ploughlands, and are within Beare, and the next demesne lands belonging to O'Swyllywan and the castle." " And as it appears by their Lordships' letter of the ist June, and several other letters, that the castlp and the portion of land usually held by him who had the castle, should be allotted to Donell for his portion, and although we know that the portion of land held by him who had the castle^ while it descended and was possessed in the lyneal line, was sometimes very small, yet we think the meaning of their honors was, he should have his equal portion of the country, and that to be allotted and plotted to him as near the castle a^s may* be; we have, therefore, accordingly divided and plotted to the said Donell, for his part and portion of the castles, territories, and tenements in controversie, the castle of Donboy, the castle of Beare- haven, with the haven of Donboy' or Bearehaven, and all the profits of fishings, customs, and duties, and all other certain and uncertaine profits thereof, with the demesne lands before specified, containing eight quarters and two ploughlands, and all other the demesne lands belongmgto O'Swylyvan, in the countrie of Beare, within the bounds hereafter expressed, together with the rents, services, lawful duties and casualties whiatsoever, due to O'Swylyvan, out of the freehold of the freeholders within the countrev of Beare, viz., Sleightffynnynduff O'Linshighen; O'Holighan, O'Donegan, Sleight Dowlinge, Sleight SwleagwiU, Dermod O'Swylivan, of Ballaghbuy ; and of all other free- holders in Beare, withm the limits and bounds aforesaid, except the tour quarters of land belonging to Clandermodie, wbereunto her Majestie maketh title ; and also we have allotted unto him the rents servioesi lawful duties, and customes, due to O'Swylyvan, upon as much of Olanlawras as is on the west side of Adergoole, and the brook that runs by Eilcaakan idto the river of Berehaven on the south, and on the west of the brook, called Clashdromard that runs under the castle of Ardea into the river leflmary* on the north, and soe directly from the head of both brooks : which two brooks we find to be the aptest and metest place to make the indifferent lymitt and bounds of the territories of both parties, as by the model or plot thereof which we caused to be made by scale, and hereunto an- nexed, ma,y more sensibly appear : onr meaning is, nevertheless, if any parcel of the lands of Ardea lie on the west of the brooke that he same shall not be within the seigniory of the said DoneU anv thing before mentioned notwithstanding." ^ "And as the seat of tha co^ntrey of Bantrye, by reason pf the 3O0 PATENT AND CLOSE ROLLS, [1594- 3 continual access of merchants and strangers thither, and as Sir Eli zabe th. Owen's portion of demesne does not fall out to be fully as much as the Donnells is, we have been, therefore, induced to grant somewhat the larger allowance of service to Sir Owen, to the end it might counter- vail the goodness of Donnell's portion; we have also divided, plotted, and allotited to Sir Owen, for his portion, the castle of Pwydye, and thereanto belonging in demesne, two quarters of land within the island of Pwydye, and two plowlands in Bantrye; also we have al- lotted unto him, Carigniassye, lying in Bantrye, containing three ploughlands,andthe thirdpartof aploughland,and Seskins in Bantrye, containing four quarters, making in all, seaven quarters, two plough- lands, and the third part of a ploughlan d, and all other lands belonging to O'Swylyvan within Bantrye, together with the rent and service, lawful duties, and customs due to O'Sulyvan within the island of Pfwydye, and within Bantry, upon the freehold of the freeholders following, viz.. Sleight M'Quick, Sleight owen pygh, the Swylavans of Bouska, O'Swylyvan moells, except Don ell O'Swylyvan, and of all the freeholders within the island of Ffwydye within Bantrie, except as much of Olandonellroe as escheated to her Majestie ; and further, • we allot and appoint to Sir Owen, all the rent, service, lawful duties, and customs due to O'Swylevan upon the remayne of Clan- lawras as is on the east side of the two brooks and limits before expressed, as by the map more plainly appears, excepting out of this division, the castle and lands of Ardea, which, contains in demesne land one quarter; and the fourth part of a quarter, we allot and appoint, for the portion of Phillip O'Swylyvan, and his heirs, according to the contents of their Lordships direction and resolu- tion ; and for the other quarter and two parts of a ploughland re- maining of the nineteen quarters which were the whole portion of O'Swylivan and his sept, because we understand it is scattered in many places, some in Beare, and some in Bantrye, therefore, we have used these general words, viz., all the other lands due to O'Swylyvan in Beare, to the one, and all the other lands due to O'Swylyvan in Bantrye, to the other ; and forasmuch as the above partition of the lands and service for profitts and comodities is near in equality, and as we have allotted the haven, the fishing, and other the profits thereof, to Donnell and his heirs, over and above his equal portion of the lands and service, we order, there- fore, and allot to Sir Owen and his heirs, in recompence, a yearly rent-charge of six pounds, thirteen shillings, and four pence, cur- tent money of Ireland, issuing out of the demesne lands so al- lotted in Beare to the said Donnell, payable yearly at Einsale, at the Feast of Midsummer and Christmas, by even portions ; and we order that the said Donnel, presently upon his entry into pos- session of the parcel so unto him allotted, shall sufiiciently convey the rent-charge by deed to Sir Owen and his heirs, and after he shall have obtained her Majesty's letters patent of the portion of the country so by us unto him allotted, he shall, within convenient time, confirm and assure the rent-charge to Sir Owen, according to the true meaning of this partition ; and further, we order, that the IS94-] CHANCERY, IRELAND. 301 parties shall sue her Majesty for letters patent of their several por- 3* tions. Accordingly, this our partition and proceedings in the exe- Elizabeth, cution of their Lordships resolution and direction, together with the commission, we humbly return into her Majesty's Chancery, accord- ing to the contents of the Commission Given under our hands and seals, at Moyalloe, the 19th January, 1593, and in the six-ahd-thirtieth year of the reign of our most gracious Sovereign, Lady Elizabeth, by the grace of God, of England, France, and Ireland, Queen, Defender of the Faith, &c." Thos. Norreys. J. Goold. Thornton. " It may please your honors, herewithal we send the partition of the countries of Bare and Bantrye, now engrossed and corrected as your honors directed, and have also sent the former petition cancelled, and her Majesty's Commission, according as we were com- manded, and thus we most humbly take our leave, at Moyallo, the 19th of January, 1593." Tour honors most humbly at command, Thos. Norreys. J. Goold. Thornton. To tlie Right Honorable the Lord Deputy and Council of Ireland. " Memorandum, that on the 30th of January, in the 36th year of her Majesty's reign, George Thornton, one of the Commissioners, brought her Majesty's commission, return, and certificate, before her Majesty's Council in Ireland, whose names are appended, by the appointment and privity of the Lord Deputy, and desired that the same might be considered of to have an allowance therein, where- UDon the commission and return were read and considered at the Council board, and allowed, according to the meaning of the letters of the Lords and others of her Majesty Privy Council in England, and according to right and equity ; and thereupon the commission and return were delivered to the Master of the Rolls to be recorded in Chancery, and a caveat that publication should not be made until order of this honorable table." Ad. Dublin, Cane. Robt. Napper. W. Weston. Tho. Midens. Nicholas Walshe. Jeff. Fenton. Ro. Gardiner. Anth. Sentleger. Petition of Donell PitzPhilip O'Swylivan to the Right Honorable the Lord Chichester, of Belfast, Lord Deputy of Ireland, stating, that upon directions sent from Sir William FitzWilliams, then Lord De- puty, and the Council, to the Vice-President, and the Council of Munster, a division was made of Bearre and Bantry, betwixt Donell O'Swylivan, and Sir Owen O'Swylivan, deceased, wherein the castle, town, and lands of Ardea, in Beare, then enjoyed, as his inheritance, by petitioner's father, was left to him agreeably to the purport of the letters sent, concerning the division, from the Lords in England, 302 PATENT AND CLOSE KOLLS, [i594- 36 which division remains of record in the Office of the Bolls, and Elizabeth, forasmuch as petitioner is impleaded by Owen O'Swylivan, son of the said Sir Owen, for the castle and lands, and his title rests upon the division, of which petitioner is not admitted to take a copy, without warrant from your Lordship, your petitioner therefore" most humbly prays your Lordship, to grant a warrant to the Master of the Rolls, to give a copy of the proceedings to petitioner. — Nov. 19, 1613. " The Master of the Rolls is to give you a copy of the order, if there be not matter of justice or state to hinder it ; if there be, then is he to stay the granting thereof, and certify the same to me." Arthur Chichester. Nov. 25, 1613. Report of the Master of the Rolls. " May it please your Lordship, I find that about 20 years past, a Commission issued out of Chancery to Sir Thomas Norris and others, by which a division was made, and returned into Chancery, erf O'Swy- livans country, between Daniel O'Swylivan, Sir Owen O'Swylivau, and Philip O'Swylivan, by which division, the castle of Ardea, witli a quarter, and a fourth part of a quarter of land, was allotted to Philip O'Swylivan, father of pe,titioner, and his heirs, which division was allowed by the Council here, to be according to the meaning of the letters of the Lords of the Privy Council, and according to right and equity ; nevertheless there is a caveat endorsed upon the instru- ment of division, that no publication should be made until order of the Council here, whereof there might be some reason of state, or other direction at that time ; but now, seeing that the division hath been long since published and executed, I see no reason but now the petitioner may have a copy of the division, which I humbly leave to your Lordship's honorable consideration." Francis Aungier. "The 25th November, 1613 — Upon this certificate I allow well of it, and do think it fit that the petitioner have a copy of the division." Arthur Chichester. "Jacob Newman; according to the direction sent unto me by my Lord Deputy, you are forthwith to deliver a copy to the petitioner." Francis Auligier. 1 595-] CHANCERY, IRELAND. 303 Patent Roll, 37° Elizabeth, 1595. 37 Elizabeth. Membrane i. — — I. Grant to Lodovick Briskett, of the site, ambit, and precinct of the late monastery of Ballendroghed, otherwise Ballendrett, in the county of Cork, in the Roches country, with all houses and buildings within the site ; a water-mill, 80 acres of arable land, and 40 acres of pasture, parcel of the demesne lands of the abbey ; 300 acres of arable land, 100 acres of pasture, and 40 acres of wood in Bal- lendroghed, the rectories, churches, or chapels of Ballendroghed, Tamplerobin, the island called Barrie Moores Great Island, and Castletowne, in the same county, all parcel of the possessions of the said late monastery ; a tenement or house, and a place for a shop covered with wood, with two small gardens lying ijear the castle of Dublin within the precinct thereof, extending frbm bridge of the castle to the wall, of the city, on the west of the bridge,, and from the castle to the west and north part of the castle (the watercourse of the castle containing twenty-four feet in breadth, excepted) ; the site, ambit, and precinct of the late house of Friars of Kilconell, con- taining by estimation three acres, containing a church, and a chapel, called O'fionnellans chapel ; the council house, library, hall, buttery, four chambers with chimneys, twenty-eight small chambers called "dortors," with several other houses, four gardens, three orchards, a church- yard, 60 fine ash trees, reserved for repairing the houses, a water mill with a watercourse, and 3 acres of arable land, parcel of the said house, in the county of Galway ; the castle called Castle Barry, in the barony of Carra, and ten quarters of land to the castle belonging, viz. : six quarters lying near the castle, a quarter called Clogher, and three called Slewynary, parcel of the possessions of Edmond Bourke, late of Castle Barry, in the county of Mayo, at- tainted ; the castle or gate on the north side of the town of Athlone, with 80 feet of foundation to the .castle adjoining, parcel of her Ma- jesty's antient inheritance in the county of Westmeath ; the castle and town of Beallicke, with 8 quarters of land, in the barony of Tirawlie, and several lands, parcel of the possessions of Theobald Bourke, of the county of Mayo, attainted ; a ruined castle called Clonyn, with a moiety of a quarter thereto adjoining, called Clone- kill; Rurymell, Leigh Ballmecloughe,Lissenne, Leigh Oarrowerough- ane, in the barony of Carra, parcel of the possessions of Perreigh M'Oonnell, attainted ; the town or quarter of land with the tithes, called Ballyhmon, in the barony of Carra, parcel of the possessions of the monastery of Ballintobber ; a quarter of land in Rathcarrin, in the barony of Kilmeane, a moiety of a quarter called Carrowe Carronogan, and two parts of a cartron of land called Carrownerahin TuUaghogan, parcel of the possessions of Gilleduffe O'Clery, of the county of Mayo, attainted ; Leighe Carrowebegonghell, Leighe Car- rowcknocklwol, Carrowm'Rwghe, Gortelonemore, the whole parcel of land called Ferrer Ihen, near Lackoghe, parcel of the lands of 304 PATENT AND, CLOSE EOLLS, [1595. 37 Theobald Bourke, attainted ; Ballyvillin, otherwise Ballevickenenry, Elizabeth, parcel of the possessions of Gerald M'Hubert M'Eboy O'Farrall, attainted, in the county of Longford ; therectory of the parish church of Pallmerston, ■which is gathered by fourteen couples, parcel of the possessions of the late hospital of Saint John of Jerusalem ; a castle nearly ruined, two cottages, gardens, and 40 acres of arable, 2 acres of meadow, 4 acres moor, and 10 acres mountain, in Loggetrenny, parcel of the lands of James Eustace, late Viscount of Baltinglass, attainted, in the county of Dublin ; and 3 messuages with gardens, 60 acres arable, 3 acres meadow, 10 acres pasture, in the town of Eilcullen, in the county of Kildare, parcel of the possessions of David Sutton, attainted ; To hold for 50 years, to commence from the de- termination of the existing leases. — Rent, £47 los. ^^d. — Dublin, Dec. 13, 37°. Membrane 6. 2. Appointment of Ludovio Briskett to the Office of Clerk of the Casualties ; authorizing him to make out all manner of process under seal of the Exchequer, and to use all lawful means for the sure and speedy levying of all estraets, fines, forfeitures, and recogni- zances happening in the Court of Star Chamber, Chancery, Chief Place, Common Pleas, and Exchequer, or before-any Justice of As- size, or in any way accruing in the provinces of Ulster, Munster, and Connaght ; and all fines in respect of homage, profers of mayors and sheriffs, greenwax money, all casualties upon sheriffs accounts, and fines for alienations or other casualties; To hold during good behaviour ; fee, one shilling in the pound for all sums of money that shall be recovered into the Exchequer. — Nov. 28. Membrane 8. 3. Livery of seisin of the possessions of Sir Richard de Burgee, late Earl of Clanrickard, and Baron of Dunkellin, to Ulick de Burgoe, his son and heir Dublin, Nov. 26. 4. Livery of seisin of the possessions of Morraghe M'Eboy, of Ballesin, in the Queen's county, to Donald M'Eboy, his son and heir. — Dublin, Dec. 6, 1594. Membrane 9. 5. Livery of seisin of the possessions of Nicholas White, late of Rathleig, in the Queen's county, to Isaac, his son and heir. — Dtiblin, Dec. 6. 6. Presentation of Edward Moore to the perpetual vicarage of the parish church of Cowlock, in the diocese of Dublin, vacant by the decease of William Wetherley, late vicar and incumbent, and in the gift of the Crown, "pleno jure." — Dublin, Jan. 26, 37°. Memorandum of James Sherlooke, of the city of Waterford, having IS95-] CHANCERY, IRELAND. 305 appeared in Chancery on the 12th February, and prayed that the 37 Charter of Waterford, under the Great Seal of England, might be Elizabeth, enrolled " in hcec verba." 10. 7. Charter of Waterford At the humble petition of the Mayor, EailifiTs, and Citizens, for the amelioration of the city, and for other good causes and considerations, her Majesty grants and ordains that the city and all houses, edifices, lands, waters, and watercourses, soil and bottom, lying in, within, and thoughout the entire ambit, pre- cinct, and limits of the city, which by letters patent of her noble pro- genitor, King John, or any of her ancestors, had been limited or as- signed to be within the franchises, liberties, or privileges of the city, should be a county in itself, distinct and separate from all other counties, to all intents and purposes, in as ample manner and form as the city of Dublin extends in and throughout the county of the city; excepting the church and chancel of the Black Friars within the walls of the city, and the place called " Our Lady's Chapel f — that the Mayor, Bailiffs, and Citizens, should, for ever, be a body, consist- ing of a Mayor, two Sheriffs, and the Citizens, and by that name they should have perpetual succession ; that they might plead and be impleaded in all courts and places, before all Judges and Justices, and other officers and ministers whomsoever ; and by the same name might have, acquire, and possess, and give, grant, and demise lands, tenements, and hereditaments, in as ample manner and form as they had been formerly accustomed to do : that the Sheriff should be annually elected, and that the Mayor, Sheriffs, and Citizens, and their successors, might have and enj oy in all places, as well by land as water, in and throughout the entire county of the city, and the limits and bounds thereof, aU such liberties, franchises, privileges, jurisdictions, forfeitures, power to hold pleas, and cognizance of pleas, and other^ profits and commodities, of whatsoever kind, nature, or species, as tli6 Mayor, Bailiffs, and Citizens had been accustomed to have, use and enjoy, by virtue of letters patent granted to them, dated 8th February, in the eleventh year of the reign of Queen Elizabeth, or by virtue of the letters patent of any of her progenitors : that they might have and enjoy, to their proper use and behoof, all goods and chattels of fugitives within the county of the city, all amerciaments, fines, re- demptions, liberties, privileges, and other franchises whatsoever, to them and their predecessors, granted by any of her Majesty's progeni- tors ; aU forfeitures of chattels, goods, and merchandize, within the port, jurisdiction, and precinct of the city, and other pains and forfeitures, in consequence of any transgression, offence, or fault, committed within the port, jurisdiction, precinct, or liberties, or against any Act or statute; that they might hold in their courts, before the Mayor, all pleas, quarrels, actions, and suits, as well' popular as peculiar, for recovery and levying of all those forfeitures ; although these privileges they might not have hitherto used, ill-used, or abused ; that they might have and enjoy all liberties, privileges, and jurisdictions, in the county of the city, and in the VOL. II. X 3o6 PATENT AND CLOSE BOLLS. [iSpS- 37 arm of the sea, watercourses, places, and shores, within the entrance Elizabeth, of the port, called the haven, lying between Eodbacke and Eyndowan, as far as a place called Innistiogue and Saint Moling, in which the tide ebbs and flows, and in which no jurisdiction, authority, or franchises, had been previously granted ; in as ample manner and form as had been used, from. the entry of the port to Carrig, and that these places should be within the limits, precinct, and jurisdiction of the county of the city, in as ample manner as any part of the port or haven had been. Her Majesty also remits, releases, and pardons, the Mayor, SheriflT, and Citizens, all transgressions, ofifences, and faults, by them committed against the form of any Statute or Act, and all penalties and forfeitures by reason thereof, and directed that they should not be charged, impeached, or molested, in any court, or before any Judge or Justice : and in consequence of some doubts and ambiguities contained in former Charters, her Majesty, provid- ing for the public good, ratifies, accepts, and confirms, all, former donations and grants previously made, and all liberties, privileges, and free customs, which had been used and enjoyed by them, or their predecessors ; and that they might fully use and enjoy, all the liberties, privileges, and franchises, contained in their previous Char- ters, although those privileges and acquittances had been ill-used, abused, or not used, without impediment of the officers or ministers of the Crown Jvly 16, 16°. \This city appears to home hem, fir A mcorporated as a distinct county in itself, by the Charter cf Elimbeth, whereby she grarded, that all the former lands and houses within the hounds of the dty, as granted by King John, or any the siuiceisding Kings or Queens, should be a county of itself, CM fully as was the city of Dublin, except the church and chancel of the Black Friars within the walls, and the place called Our Lady's Chapel. Waterford was, at a very early period, a place of considerable im- - portance, and had, from time to time, received numeroras Charters, grant- %njg it various liberties and privileges. Many of those Charters relate to a contest which was carried on for a great length of time, between Whterford and JRoss, respecting a claim made by the former, that ships, entering tJie great port of Waterford, should load and unload at Waterford, to the exclusion of Boss. This privilege was granted and confirmed to Waterford by many Charters, and was, on the other hand, opposed and resisted by the men of Boss, with great zeal and perseverance, and sometimes with no little violence; but it was at last abolished by a writ oft° Bichardll., a.d. i^>j*]. In the reign of Bichard the First, John, Lord of Ireland, granted Baliowodam to his almshouse of Saint John of Waterford, and protec- tion and certain privileges to the Brethren of Saint John of Water- ford, King John, by charter, bearing date the 3rd of July, in the seventh year of his reign, granted and confirmed to the citizens of his city of. Waterford, residmg within the walls, his whole dty of Waterford, with all its appurtenances ; and that the citizens should for ever have 1S95.] CHANCERY, IRELAND. , 307 thdr hown4s (M they were ascertained hy the oaths of twelve men of the 37 city, andof twelve men out ofit,hy virtv£ of the preempt of King Henry, Elizabeth. viz., " his whole great port of Waterford, which enkers between Body- — ~ hohe and Myndxmane, even to Oarrig, by water, and as the pill of Saint Xatherine tends, as far as the bounds of KHhary ; and from thence to the bounds of Gloncridane ; and from these bounds to the bounds' of Portficherie ;" and that the citizens, their heirs, and successors, should have, for ever, all the liberties and free customs there written; The firA of these is, that all ships or vessels which should enter his great port of Waterford, between Rodybake and Byndowane, should load and unload at the quay of Waterford, and nowhere else within the port, because this pertained to his dignity. This Charter is of considerable length, and grants to the citizens many privileges and immunities of the same nature as those granted about the same periods td other favoured cities, such as freedom from toll throughout his (the King's) territory, to hold pleas in the hundred of the city, to have the fines and amerciaments there, and to have all reasonable guilds as the Burgesses of the town of Bristol had, or were accustomed to have. Awrit of Henry III.,in 1222, commandsthe Arch- bishop of Dublin, Justiciary of Ireland, that henceforth he should not permit strangers, not residing in his cities or good towns of Ireland, to take places and messuages in the towns and cities, to the detriment of him and the towns ; and another writ of the same King, in the same year, commands the Justiciary not to permit ships to touch at the port of Boss, to the damage of him and of his town of Waterford, otherwise than as they were accustomed in the time of King John, his father, before the war waged between him and his Barons of England; or to permit any to have freedom from toll or custom in the town or elsewhere by reason of lands which they should take and hold in the town of Waterford, unless they should be couchant and levant (cnbantea et levantes) in the town, and contributing to lot and scot in common with the Burgesses there residing. — Gale, Appendix, Nos. VIII. and IX. Henry the 3rd, in the foiirte^nth year of his reign, issued a writ, addressed to the Archbishop of Dublin, and his Justiciary of Ireland, commanding him that he should not permit any ship to touch at the port of Boss, in the county of Wexford, with merchandise, to the damage of the city of Waterford, otherwise than ships were accustomed to come to land there in the time of the Lord King John, his father, before the war waged between him and the Barons. — {Bot. Mem., 13° and 14° Edward II., m. 31, 37° 20. Appointment of William Cottgreve to the office of Pursuivant, commonly called " Athlone," with all liberties and pre-eminences to the office, ah anttquo, accustomed ; To hold during his life, with a salary oi £10 a-year. — Dublin, April 19, 20°. Membrane 17. 21. Commission to Thomas Dillon, Chief Justice of Connaught, and Gerald Comerford, attorney of the province, to accept the sur- render of William Cottgreve, of the office of Pursuivant, commonly- called " Athlone." — Dublin, March 22, 37°. vol.. II. z 338 PATENT AND CLOSE EOLLS, [iS9S- 37 22. Memorandum of William Cottgrave, having, on the 15th of EUzabeth. April, in the 37th year of the Queen, at Owrraghan, in the county of Roscommon, personally attended before Thomas Dillon, and voluntarily surrendered the office in the preceding article men- tioned. 23. Appointment of William Leveret to the office of Pursuivant, commonly called " Athlone ;" To hold during good behaviour, with a salary of £10 a-year. — Dublin, March 28, 37° [On the margin of the roll is a vacate and surrender of the pre- ceding letters patent.] Membrane 18. 24. Surrender by William Cottgrave of the office of Pursuivaftf, commonly called "Athlone." — Feb. 11, 35°. Signed, William Cottgrave. 25. Appointment of Lndovick Briskett to the office of Comptroller of the customs and subsidy within the ports of the Dublin, Waterford, Limerick, Cork, Drogheda, Galway, Yoghill, Wexford, Ross, Kin- sale, Carrickfergus, Dungarvan, Dundalke, Carlingforde,. Sligo, and Dinglequisse (Dingle-i-couche) ; To hold during good behaviour. — DiMin, March 6, 36°. 26. Memorandum of Ludovick Briskett, having, on the 13th March, 1:594, surrendered the appointment in the preceding article mentioned. 27. Appointment of Charles Huett to the office of Comptroller of the custom and subsidy of the ports of Dublin, Waterford, Limerick, Cork, Drogheda, Galway, Yoghill, Wexford, Ross, Kinsale, Car- rickfergus, Dungarvan, Dundalke, Carlingford, Sligo, and Dingle- quisse ; To hold during good behaviour. — Jhtblin, March 20, 37°. 28. Presentation of William Lucas to the entire rectory of Balli- drenan citra, and to the perpetual vicarage of the parish church o1 Tibburd, in the diocese of Lismore, vacant, and in the presentatior of the Crown "per devolutionem." — Dublin, June 12, 37°. 29. Presentation of Peter Gorst to the perpetual vicarage of th( parish church of Lorum, in the diocese of Leighlin, vacant by th< decease of Bdmond Dwiger, and in the gift of the Crown '^plem jure."—DvMw, Aug. 11, 3V°- IS96-] CHANCERY, IRELAND. 339 Membrane 19. 37 30. Memorandum of William Eustace, of Castlemarten, ou the loth July, having come before Sir Anthony Saintleger, Master of the Rolls, with the following letters patent, which he prayed to have enrolled : — 31. Grant to William Eustace of the manor of Castlemarten, and of the lands of Brenogstowne, Oarnalvey, Roestowne, Mores- towne, Cornelscourte, Millotstowne, Baltrasney, Covers-towne Uske, Brownestowne, Milton, Loghbratoke, Martenstowne, Little Bole, Kilcnllen, Tippenan, Clongoeswood, Upper Baron, Harrestowne, Silliotehill, Surdalstowne, and certain messuages and lands in Kil- coke, called Birminghams Land. To hold to the said William, and the heirs male of his body ; remainder to James Eustace, and his heirs male ; remainder to Alexander Eustace, and his heirs male ; remainder to Edmond Eustace and his heirs. — The patent recites, an inquisition taken at Naas, the twentieth of January, in the twenty-fourth year of the reign of Queen Elizabeth, finding that Maurice Eustace, attainted of treason, son and heir of John Eustace, of Castle-marten, by virtue of two several feoffments, was seized in fee, according to the intent of the feoffments and will in the inquisi- tion recited, of the castle and manor of Castle-martin, and of the lands hereinbefore mentioned; and, being so seized, he was attainted of treason, on Thursday nest after the Feast of Saint Martin, in the twenty-third year of the reign of Queen Elizabeth, as appears by the inquisition returned into Chancery ; and reciting another in- quisition taken at Naas, the ninth of October, in the 25th year of her Majesty's reign, finding that John Eustace, subsequent to the making of his will, executed a certain codicil, before several faithworthy witnesses, in these words : " My further will is that my son William shall be myne heire, and have my lands and tenements in Ireland, to him and his heirs lawfully begotten, and for default of such heirs, to my son James and his heirs, and for default of such heirs, to my son Alexander and his heirs, and for default of such heirs, to my son Edmond and his heirs, and for default of such heirs, to the right heirs of John Eustace, according to such conveyances as heretofore I have made to that effect ;" and the jurors further found that the will and codicil was duly proved according to law before the Lord Archbishop. — Dublin, Nov. 6, 34°. Membrane 20. 32. Grant to William Eustace of the reversion and remainder of the town and manor of Castlemarten ; — reciting a patent to William Eustace, son of John, of the said manor and lands, with several other lands, commodities, and customs therein mentioned ; To hold to him and his heirs male, with the remainders in the patent speci- fied. The Queen, in further confirmation of letters patent, dated VOL. II. z 2 34° PATENT AND CLOSE ROLLS, [159 37 29th March, 1592, on the petition of the said William, grants an El izabe th, confirms to him the manor and lands for ever. — DiMin, June 2 159s, 37° 33. Livery of seisin of the possessions of Stephen Sexton to Williai Eustace, of Castlemarten, in the county of Kildare ; reciting an inqu sition taken at Limerick, the 19th of March, in the 37th year of tt reign of Queen Elizabeth, finding that the said Stephen, at the tin; of his death, was seized in his demesne, as of fee tail, of the house < the Blessed Virgin Mary in Limerick, and of the house of the Hoi Cross, a mansion-house, steeple, a ruined place called the chancel ft garden, and a thatched house, in the occupation of Thomas Lisaght another house in the occupation of George Fanninge ; a tenemer in the suburbs of the city, in the occupation of Mahoune O'Luynshye certain small tenements in the occupation of Rory O'Hea ; a hous in the suburbs, in the occupation of Stephen Harrold ; a ruined an waste tenement in Montgrett-lane, another tenement there, whoU; waste ; a small garden in the occupation of Michael Water ; a smai tenement in the suburbs in the occupation of Patrick Sexton ; an other messuage in the occupation of Patrick Lovane ; another in th occupation of Thomas Halye; another in the suburbs, in the occupa tion of Patrick Gawane ; another in the possession of David Fitz Derbye ; a cottage and a small orchard in the suburbs, in the occu pation of Nicholas O'Donell ; five small gardens within the walls the suburbs ; a garden called Garryne-Cwlogye ; a garden callec Garryneclohylehye ; another called Garrymore; another called Gar ryndorrishe ; a small parcel of land near the Shannon ; a parcel of lant called the " Priors Land," containing forty acres of land, arable pasture, and bog ; a moiety of a bog called Crony voye ; a parcel callec '' the Priors Meadow ;" a parcel of land without Thomond Gate within the liberties of the city, in which is situate a quarry of stone called Drome-Ilogh ; the entire rectory of the parish church of Sain John the Baptist, within the suburbs ; a rent of los. issuing out o a house in the possession of Peter Creagh ; los. 6d. issuing out of 1 house in the possession of George Creagh ; los. issuing out of thi house in which William Creagh FitzJohn resides ; los. issuing ou of the house in the occupation of Oliver Harrold ; 12c?. issuing ou of the house in the possession of Thomas Youge ; los. issuing ou of the lands called Smithes land and Melishe ; a small religious honsi near the walls of the city, commonly called Saint Francis' Monas tery, and the tithes, church, belfry, dormitory, hall,, and close wholly waste and unroofed ; seven parcels of land or gardens, in om of which is built a house, without the gate of the city, called " thi gittye ;" six small houses and tofts in the -occupation of Thoma Stretch and Oliver Harrolde, without the gate ; a parcel of bog nea ■ the monastery ; a parcel of land called Bramloke, near Donaghmore a parcel of land called Clashecoggihie ; another called Luishamore another called Crogtymore ; and three salmon yearly out of the wei: (gurgitem) called the "Lax Weir," near the city; that he heh all the lands and premises before recited of the Crown by militarj 15950 CHANCERY, IRELAND. 341 service, that is to say, by the service of one knight's fee ; and that _,. ^? Edmond, son of said Stephen, was his heir, of the age of twenty-five years, and was married at the time of the death of his father. — DubUn, June i, 1S95, 37°. Memirane 21. 34. Livery of seisin of the possessions of Patrick Browne, late of Haristowne, in the county of Waterford, to Maurice, his son and heir — Dvhlin, May 8, 1595, 37°. 35. Livery of seisin of the possessions of John Whitney, late of the Sheane, in the Queen's County, to Robert, his son and heir. — BuUin, May 4, 1595, 37°. Membrane 22. 36. Grant to William Browne of a tenement, garden, and 3 acres of arable land, in Grenocke ; 30 acres of arable, z\ acres of pasture, in Little Bowleston, in the county of Meath, parcel of the lands and possessions of the monastery of the Blessed Virgin, near Dublin, heretofore granted to Sir Thomas Butler, Earl of Ormond and Ossory ; a portion of the glebe land of Knockmarcke, parcel of the possessions of the late monastery of Thomas-court ; a messuage, 25 acres arable, in Baltrasna ; 30 acres of pasture and bog in BallyT higgen ; 10 acres of pasture and bog in KiUaloryn ; 12 acres of pasr ture and bog in Moyldrom ; two cottages and 13 acres of pasture in Swirine ; two cottages and 20 acres of arable land, with 3 acres of pasture, in the Gi-ange of Kiltober ; two cottages and 28 acres of pasture in Ballysowder; 12 acres arable, 2 acres of pasture, and i acre of wood, in Cowlaa, in the county of Westmeath, parcel of the lauds and possessions of the late monastery or abbey of the Blessed Virgin Mary of Kilbegan ; To hold for ever as of the castle of Dublin by fealty only, in free soccage and not in capite.— Rent ^3 i8s. 6d. — Duhlin, June 17, 1595, 37°. Membrane 33. 37. Grant to George Sherlock of the lands of Kilfrushe, contain- ing half a carucate of land of every kind, in the county of Limerick, parcel of the possessions of James Nugent, late of Kilfrushe, at- tainted ; one carucate and a half in Kilmelagie, Dromsallighe, Kiap- pendick, and Mongfayne, containing, by estimation, 72 acres, late parcel of thepossessions of Donnoghe Roe M'Teige, slain in rebellion ; three parts of a moiety of one carucate of land in Cwigie, contain- ing 18 acres, late parcel of the possessions of Iwirie M'Shane 0'fIee,0'Donell M'EdmondO'Hee.Melaghlin Skonnoghe M'Conogher O'Hee, slain in rebellion ; Rathduffe 5 acres, parcel of the posses- sions of M'Edmond O'Riordan, slain in rebellion ; three parts of a moiety of a carucate of land of every kind, in Rackinumtane, coijtain- i rivfU.-<^ i V]^ 342 PATENT AND CLOSE EOLLS, [1595. 3? mg 18 acres, parcel of the possessions of Mahon and Morroghe Elizabeth. O'Brieu PitzMurriertaghe, attainted of high treason ; a fourth part of a carucate of land in Cahirdavin, parcel of the possessions of Moriertaghe M'Donnoghe M'Knoghor Cnowaghe, slain in rebellion ; a fourth part of a carucate of land in Ballifirren, a seventh part of a quarter of land in Cloghflorde, containing 8 acres or thereabouts ; 34 acres in Cloghin, parcel of the possessions of Kennedy M'Brien, attainted of high treason, and which William M'Nicholas mort- gaged to Kenedy O'Brien for fourteen cows, but,, notwithstand- ing, came to the Crown in consequence of the attainder of the said Kennedy ; 8 acres in Baggotston, parcel of the possessions of Maurice and John Baggott, by feoffment made to them by Edmond Baggot, on condition that whensoever Edmond should pay to Maurice fourteen cows, and to John Baggod four cows, it should be lawful for Edmond to resume possession of the lauds, but which, notwithstanding, came to the Crown in consequence of the attainder of Maurice and John ; 8 acres in Baggodston, parcel of the posses- sions of Dermot O'Elanner, of Baggodston, of which the said Ed- mond enfeoffed him, upon condition, that whensoever he should pay to Dermot 16 cows, he might resume possession of the lands; a fourth part of a carucate of land in Kildaniell, containing 12 acres, parcel of the possessions of Donat O'Begg and Owen O'Haloran, at- tainted, of which Laughlen Reaghe O'Haloran was seized in his demesne, as of fee, by feoffment of Amver O'Brien, in mortgage for eight cows, and dying so seized, the carucate descended to the two sons of Laughlin, viz., Donat and Owen, and their heirs, ''according to the custom there;" certain lands containing, by estimation, 3 acres great Irish measure, which had been granted in mortmain to the church of Saint Michael, within the barony of Carginglishe, and occu- pied by certain persons called "Converbinors" (Corbs), in the county of Limerick; three acres of great measure in Gremegormaghe, parcel of the lands of William Terence M'Brian, alias William MacTirlaghe O'Brien, attainted ; the lands of Cloghen and Whiteston, containing a stone house, ruined and much decayed, and one acre of land of great measure, mortgaged by Nicholas Griordan to Kennedy M'Brien, attainted ; the lands of Glanscallie, containing 20 acres of land of all kind, Irish measure, in the county of Limerick, parcel of the possessions of Donat Oge, attainted. A mansion house, ruined and waste, near the castle of the Holy Trinity, in the town of YoghuU, in the county of Cork, parcel of the possessions of the late Earl of Desmond, attainted of high treason, and for some time assigned as portion of the jointure of Katherine, Countess of Desmond, and which came to the Crown in consequence of the attainder of the Earl ; two messuages or tenements, waste and ruined, in the town of YoghuU, also parcel of the possessions of the Earl, mortgaged to one Robert Tobin for £4, Irish money ; two carucates of land in Minoighter, in the barony of Imokelly, in the county of Cork, also parcel of the possessions of Gerald, Earl of Des- mond, attainted ; an old castle, broken and ruined, in the city of Cork, situate at a place called the " Key of Cork," near the waJls, I59S-] CHANCERY, IRELAND. 343 parcel of the antient inheritance of the Crown ; 60 acres in Ath- 37 mickmange, near Ballinter, in Imokelly, in the county, of Cork, Elizabeth. parcel of the possessions of James PitzJames PitzGerald, of the Geraldines, attainted; a parcel of land called Owly, containing 12 acres, near Castellshine, parcel of the possessions of Eugene M'Edmond Oge M'Shihie, attainted ; 60 acres of every kind in Ballifynandrohid, in the county of Cork, parcel of the possessions of John Fitzgerald, of the Geraldines, attainted; a carucate of land of every kind in the barony of Imokilly, called Rathcoursy, in the said county, parcel of the possessions of Maurice PitzKdinond, of the Geraldines, attainted ; the tithes of Loughdowan,in the county of Waterford, late parcel of the possessions of the late hospital of Saint John of Jerusalem; a messuage or tenement, 2 acres of pasture, one acre of meadow, and 5 acres arable, in Newton, in the county of Waterford, parcel of the possessions of the late religious house of Saint Katherine, near the city of Waterford. A quarter of land called Chyarowntobber, being a fourth part of a ploughland, in the county of Tipperary, parcel of the possessions of the house of Saint John of Jerusalem, in Ireland, and which came to the Crown in consequence of the dissolution of that Hospital. Certain lands called Crosharde, containing one acre of great measure, mailing four acres of standard Irish measure, in the county of the Cross (of Tipperary), parcel of the possessions of the late priory or abbey of Fethard, in the county of Tipperary; a, moiety of an acre of land of great measure in Gortgowne, making two acres standard measure, in the county of the Cross (of Tip- perary) ; an acre commonly called Donnogh M'Thomas M'Donnall's great acre, near Cahir, in the county of Tipperary ; 9 acres of wood and pasture, near Lisna on the south, Slevegroth on the west, and the river Shower (Suir) on the north ; two acres and a half adjacent to the town of the Great Grange, the lands of Ballim'Adam on the east, the Shower on the south-west, and Cahir on the north; three acres and a half of great measure in Killmelaghe, lying be- tween Kiedagh on the east and north, the lands of the Lord of Cahir on the south, and Cloghbreda on the west ; two_ acres in Little Grange, adjoining Cahir on the south and west, Herries' land on the north, and Merries' land on the east ; an acre and a half in Loghne- morra, parcel of the possessions of the late priory of Cahir ; the lands of Liskillin, Gorteske, Gortine, Leneheaghe, Ballewortamrye, Balle- nekilly, and Corragh, containing 145 acres of arable land, in the county of Limerick, parcel of the possessions of Thomas M'Shane M'Gibbon, late of Liskillen, attainted ; Ballipiers, 20 acres of arable land, parcel of the possessions of Gibbon Roe M'Shane Oge, attainted, which lands Rory M'Shane holds in mortgage, but for what amount does not appear ; 20 acres arable in Balliroe, parcel of the posses- sions of David Backagh (the lame) FitzPhillip, attainted ; Rath roan and Carowblooe, with all their possessions and hereditaments, in the county of Limerick, parcel of the lands of Richard M'Thomas, at- tainted ; 30 acres arable in Ardanghe, parcel of the possessions of M9,urice M'Edmond, late of Ardaghe, attainted ; a fourth part of a 344 PATENT AND CLOSE ROLLS, [1595. 37 carucate of land in Dromlarie, Garimorie, and Grames, parcel of the Elizabeth, possessions of Donald M'Conloe O'Brien, attainted ; 30 acres of country measure in Olonescroghan, in the county of Limerick, parcel of the possessions of James and Stephen WaaJe, attainted. All the tithes of the late abbey or house of Friars Preachers of Ros- breken, in the county of Kilkenny, parcel of the possessions of that house, and which came to the Crown in consequence of its suppres- sion ; 12 carucates of land, either more or less, sterile, stony, and waste, in Mowskerilowgher, in the Lordship of Desmond, in the counties of Cork and Kerry, parcel of the possessions of Donald M'Fynn M'Owen, attainted ; the rectory of Coricoghlan, in the ba- rony of Roscommon, extending into the parishes of Kiltruskan, Clonefealaghe, and Templeaghe, in the county of Roscommon, parcel of the possessions of the late Friary of Ardkearne, in the county aforesaid ; a fourth part of a quarter of a carton of land in Aghenaghe and Dromneshie, in the county of Longford, parcel of the possessions of TirlogheM'Donoghe M'Gerrald, attainted; a sixth part of a cartron of land called Aghlistowill, in Knockbwy, containing three acres, in the county of Longford, parcel of the possessions of Murroughe Dufl' M'Owen, attainted of felony; the customs and tollsof the market held every week in the town or parish of Kilmayod, in the county of Longford, the antient inheritance of the Crown ; a fourth part of a cartron of land in Loghill, parcel of the possessions of TeigeM'James O'Ferrall, attainted ; all which premises had been concealed and withheld from her Majesty and her progenitors, aa appears by a certain inquisition lately returned into the Exchequer, and remain- ing of record in the custody of the Remembrancer ; To hold for ever in free and common soccage, and not in soccage in capite, — Rent £12 los. 8^d. — Dvhlin, last of August, 37°. Membrane 25. 38. Appointment of James Ware to the office of Clerk of the Pleas of the Exchequer ; To hold during good behaviour, in as ample man- ner as John Kernon held that office ; and he shall not be removed for any cause unless her Majesty be first apprised of the alleged ofience. — Dublin, Sept. 9, 37°. 39. Presentation of John Tindall to the perpetual rectory of the parish church of Aghevoe, in the diocese of Ossory, vacant by the resignation of John Lore, otherwise Lawrence, and in the gift of the Crown, "pleno jure."— i)M6^m, Juhj 28, 37°. Membrane 26. 40. Memorandum of the Provost of the College of the Holy and Undivided Trinity, near Dublin, having come before Sir Anthony Sentleger, Master of the Rolls, on the nth day of November, in the IS95-] CHANCERY, IRELAND. 345 37th year of her Majesty's reign, and having produced the charter 37 of that university, prayed that it might be enrolled ; at whose re- Elizabeth, quest it is enrolled as follows : — 41. Charter of the College of the Holy and Undivided Trinity, near Dublin ; reciting that Henry Usher, Archdeacon of Dublin, had petitioned her Majesty, in the name of the city, to found a college for the education and instruction of scholars and students, as no college for students "in bonis litteris et artibiis," was then in the kingdom ; and praying that relief should be provided for the support of the provost and scholars ; her Majesty, graciously inclining to the petition, grants that henceforth for ever there shall be a college or university in a certain place called All Hallows, near the city, for the education and instruction of youth in arts and faculties, to continue in all future times, and that it shall be called " The College of the Holy and Undivided Trinity, near Dublin, founded by the most serene Queen Elizabeth." Her Ma- jesty appoints Adam Loftus, Archbishop of Dublin, Chancellor, the first provost ; Henry Usher, master of arts, Lucas Challoner, master of arts, and Launcelot Morne, master of arts, the first and modern fellows; and Henry Lee, William Daniel, and Stephen White, the first scholars ; and directs that the Provost, Fellows, and Scho- lars, and their successors, in fact, reality, and name, shall be a body corporate and politic for ever, by the name of the Provost, Fellows, and Scholars of the Holy Trinity of Elizabeth, near Dublin, and by that name at all future times they shall be known, called, and named, have perpetual succession, and be incorporated and continue for ever; and that they may possess, for the relief and support of the college, goods, chattels, lands, tenements, and all other profits what- soever : and whensoever the ofiice of Provost shall happen to fall vacant, by death or removal, they shall proceed within three months to elect a Provost in his place, and in like manner on the death or removal of any of the scholars or fellows, they shall, within two months, proceed to supply their place; that they and their successors, by the name of the Provost, Fellows, and Scholars of the College of the Holy and Undivided Trinity of Elizabeth, shall be capable in law to acquire, have, and possess lands and tenements for ever, so that they shall not be held of the Crown in capite, in demesne, or in service, for the support and maintenance of the col- lege, and may acquire manors and lands of the value of £400 a-year, over charges and reprises — notwithstanding the statute of mortmain; — that they may plead and be impleaded, defend and be defended, answer and be answered, in all causes, quarrels, and actions, real and personal, in all courts, temporal aud spiritual, and elsewhere ; and shall be capable of doing all things as other liege subjects have been accustomed to do ; they shall have for ever a common seal to serve for their afiairs, and power to make laws, statutes, and ordinances, for the pious and happy rule of the col- l«ge, from time to time for ever, and establish rules and constiiu- 346 PATENT AND CLOSE ROLLS, [1595 37 tions similar to those in use in Cambridge and Oxford ; — that the Elizabeth, liberal arts shall not be elsewhere publicly taught or professed ' within the kingdom, without special licence; and the students shall have faculty to obtain the degree of bachelor, master, and doctor in all arts and faculties : provided, however, that at the expiration of seven years they shall be removed, and others nominated in their place. — Her Majesty approves of the nomination of William Cecil, Lord Burghley, to be Chancellor ; and nominates him or his Vice- Chancellor, with the Archbishop of Dublin, the Bishop of Meath, the Vice-Treasurer, the Treasurer at War, the Chief Justice of the Chief Place, the Mayor of the City of Dublin for the time being, to be visitors, to define and determine all suits, actions, and controversies (which the Provost and the greater part of the fellows cannot reconcile), and to correct all grave offences, not adjusted by the Provost and fellows ; — that all the goods and chattels, lands and tenements of the College shall be from time to time, for ever, free and exonerated from all taxes, charges, tallage, cess, subsidy, exac- tion, composition, or demand, in war or peace, due or payable to the Crown, in right of its royal prerogative. — Dublin, March 3, 34°. [About the same time the Corporation of Dublin bestowed on the infant university, the site and possessions of the dissolved priory of All Saints. The original charter has been recently discovered amongst the archives of the city, and a translation is here inserted, in perpetuam rei memoriam. Know all men present and future, that we, Thomas Smyth, Mayor of Dublin, George Kennedy and John Mills, Sheriffs of the same city, the Commonalty and. Citizens of the city, have given, granted, and by this our present deed indented, have confirmed to Adam Loftus, Doctor of Divinity, Archbishop of Dublin, and Chancellor of this kingdom of Ireland, Provost of the College of the Holy and Undivided Trinity, near Dublin, founded by our most serene Lady Queen Elizabeth, the Fellows and' Scholars of the College, the whole house, ground, site, ambit, and precinct of the late priory or religious house of All Saints, near the city, in the county of tloe city, and within the franchises, and the whole church and churchyard thereof; also all gardens, pleasure grounds, orchards, meadows, pastures, tenements, and hereditaments^ contiguous and adjacent to the house or priory, lately parcel of the possessions of the late priory, and the rents and reversions thereof, which extend in length from the field called Hoggen-green on the west, to the lands of the late abbey of the Blessed Virgin Mary, near Dublin now in the tenure of John Dougan, on the east, and which lit in width from the lane which leads to the fountain of Saint Patrick on the south side, to the lands of the late abbey of the Blessed Virgin Mary, and the river Anliffie on the north. Saving and fon ever to us the Mayor, Sheriffs, Community, and Citizens, and out successors, always excepted and reserved all royal immunities, royalties, liberties, privileges, jurisdictions, courts, views of frankpledge, franchises customs, Tiises, prescriptions, and rights whatsoever, which we, tht IS96-3 ' CHANCERY, IRELAND. 547 Mayor, Sheriffs, Community, and Citizens, or our predecessors, or the 37 Corporation within the city, have or heretofore had, or of right oughi Elizabeth. to have, by any manner, gift, grant, or means whatsoever, and how- soever, within the house, ground, site, ambit, precinct] gardens, lands, tenements, and hereditaments above specified, or by us granted, without any molestation, contradiction, or impeachment of the Provost, Fellows, and Scholars, and their successors. To have and to hold the said house, site, ambit, and precinct, and the rest of the premises (except before excepted), to the Provost, Fellows, and Scholars, and their successors, to the proper use and behoof of the Provost, Fellows, and Scholars, and their successors, for ever. To be held of the chief lords by the service thereout due and of right accus- tomed. And moreover, we, the Mayor, Sheriffs, Community, and Citizens of the city, and our successors, give and grant to the Pro- vost, Fellows, and Scholars, a%d their successors, that they, the Pro- vost, Fellows, and Scholars, and their successors, and all the students of the college devoted to literature, may be, from time to time, in all future times, freed and exonerated from all charges, taxes, tallage, cess, sub- sidies, exactions, compositions, and impositions whatsoever of the city : provided always, that this our grant shall not extend in any way to the exoneration or discharge of a^y person or persons residing upon any of the premises, from the charges, taxes, tallage, cess, subsidies, exactions, or demands whatsoever, except only the Provost, Fellows; Scholars, and ~ Students devoted to literature, and their successors, for ever. And we, moreover, the Mayor, Sheriffs, Community, and Citizens, and our successors, will warrant for ever, and by these presents defend all and singular the premises above by us granted to the Provost, Fellows, and Scholars, and their successors, against us our heirs aifd successors. And further, hnow ye, that we, the Mayor, Sheriffs, Community, and Citizens of the city of Dublin, have made, ordained, and put in our place, our well-beloved in Christ, George Taylor, Recorder of the city, our true and lawful attorney, to enter for us, and in our names, and take possession and seisin of the house, ground, site, ambit, and precinct, and tlie rest of the premises above granted; and. after possession taken and held, to deliver for us and our successors, full and peaceable pos- session and seisin of the house, ground, site, amhit, and precinct, and of all and singular the premises above granted to the Provost, Fellows, and iScho'ars, and their Attorney or Attorneys in this behalf, accord- ing to the force, form, and effect of the feoffment to them thereof made: deeming and esteeming ratified and acceptable all and whatso- ever our said Attorney shall doe in the premises. In witness whereof we the Provost, Fellows, and Scholars, to that part of this in- dented deed remaining with the Mayor, Sheriffs, Community, and Citizens, have affixed our common seal, and to the other part of the same indented deed remaining with us, the Provost, Fellows, and Scho- lars, the Mayor, Sheriffs, Community, and Citizens, have affixed their common seal. Dated at Dublin, on the twenty-first day of July, in the thirty-fourth year of the reign of our Queen Elizabeth, and in the year of our Lord 159 2.] 348 PATENT AND CLOSE ROLLS, [1593. 37 42. Presentation of Thomas Gream to the perpetual vicarage of Elizabeth, the parish church of Galveston, in the diocese of Duhlin, in the gift of the Crown " pleno jure." — Dublin, Nov. 5, 37°. Membrane 27. 43. Appointment of Nehemia Donnellane to the Archbishoprick of Tuam ; with licence to hold in commendam the rectory of Clon- inore, in the county of Kilkenny, the vicarage of Castle Doaghe, in the diocese of Ossory, and the vicarage of Donard, in the county of Dublin. — Dublin, August 17, 37°. 44. Consecration of Nehemia Donnellane. — Dublin, Awg. 18, 37°. Restitution of the temporalities. — Dvhlin, Aug. 19, 37". 45. Presentation of Meredith Hanmer to the rectory or parish church of the Blessed Virgin Mary, of Borages, in the diocese of Leigh lin, in the donation of the Crown, jure devoluto, seu quocunque alio modo, jure vel de facto. — Dublin, Nov. i, 37°. Membrane 28. 46. Livery of seisin of the possessions of Lucas Tirrell, late of Dublin, to his sisters Alison and Margaret ; it being found by inquisition taken at the Castle of Dublin, on the morrow of the Holy Trinity, in the 20th year of her Majesty's reign, that Lucas Tirrell, son and heir of Nicholas Tirrell, late of Dublin, at the time of his death was seized in his demesne as of fee of two messuages and 60 acres of arable land in Esker, in the county of Dublin ; 2 messuages in Ballidowde ; 12 messuages, 24 acres of land in Bal- venston ; i messuage and 60 acres in Tobberboyne ; i messuage and 18 acres in Loghton, which were held of her Majesty by mili- tary service ; that is to say, by the service of the twentieth part of a knight's fee as scutage runs ; that Lucas died on the 20th October, in the i8th year of her Majesty's reigu ; that Alison and Margaret were his sisters and heiresses ; and that Alison was then aged 9 years, and Margaret 2 years — Dublin, June 23, 37°. 47. Grant to John Hoy of the custody, wardship, and marriage of Patrick Barnewell : it being found by inquisition taken at Gather- lagh (Carlow), the 26th April, in the 37th year of the reign of Queen Elizabeth, anno domini 1595, that Robert Barnewal, late of Senkili, in the county of Dublin, died the 2nd January, 1593, and at the time of his death, was seized in his demesne as of fee of the site, circuit, and precinct of the late monastery or house of Friars Preachers of Arclowc, in the county of Carlow, and of the church, belfry, hall, dormitory, close, and cemetery ; a garden within the site of the 15950 CHANCERY, IRELAND. 349 monastery ; four messuages, six cottages, a chamber, two parks or 37 closes, containing 3 acres, and 3 acres of great measure, and of Elizabeth. three gallons and a half of beer out of every brewing in the town of Arclowe; all of which were held of the Crown in capite by knight's service, that is to say, by the twentieth part of a knight's fee as scutage runs, and worth, over reprises, 20s. ; that Patrick Barnewell was his eldest son and heir, and aged 17 years at the time of the death of his father. It also appeared by another inquisition, taken at Dublin, the 15th March, in the year of our Lord, 1594, in the 37 th year of the reign of the Queen, that Robert Barn e wall, a long time before his death, was likewise seized in his demesne as of fee of 80 acres of arable land in Senkell, and of an orchard, a garden, a castle, and other houses, which were worth by the year, over reprises, £*] ; 40 acres arable in Ballenebar, with pasture and mountain, worth by the year, over reprises, 40s. ; 72 acres arable, mountain, and pasture in Doweston, otherwise Ballindowe, worth by the year, over reprises, 60s. ; 20 acres arable, and a water-mill in Moleneskallan, worth by the year, over reprises, 13s. ^d.; all of which were held of the Archbishop of Dublin, as of his manor of Senkall, by fealty and suit of court ; also of two messuages and gardens, 6 acres arable in Wicklowe, in the county of Dublin, which were held of the manor of Wicklow, by fealty and suit of court, worth by the year, over reprises, los. ; 60 acres arable, 6 acres pasture, 4 acres wood, and 4 parks or closes, containing 4 acres ; a house, with three other messuages, in Ballifermot, in the county aforesaid, which were held of Marcus Barnewall, of Dromnaghe, as of his manor of Ballyfermot, by fealty and suit of court of the manor, from month to month, and were worth by the year, over reprises, £5. — Dublin, Avg. 4, 37° Membrane 29. 48. Presentation of Nicholas Boyle to the perpetual vicarage of the parish church of Kilpatrick, in the diocese of Meath, vacant by the decease of Thady Boyle, and in the gift of the Crown, pleno jure. — Dvhlin, Sept. 8, 37°. 49. License for William Heydon, Treasurer of the Cathedral of the Holy and Undivided Trinity, Dublin, to absent himself for one year from his office, and proceed to England. — Dvhlin, Jtine 9, 37°. 50. Similar license to James Elliott, Third Baron of the Exche- quer, to go to England for three months. — Dublin, July 23, 37°. 51. Similar license to Sir Henry Bagnell, Marshall of the Army, who was desirous to repair to England for the recovery of his health, " whereof he languisheth ;" and license to carry in his retinue fifteen horsemen in her Majesty's pay, under his charge and leading — Dublin, last of October, 37°- 350 PATENT AND CLOSE ROLLS, [1595. 37 Membrane 30, Elizabeth, 52. Appointment of William Pitz William to the oflSce of Principal Register and Scribe of the Supreme Commissioners of Ecclesiastical Causes, and Clerk of Recognizance ; To hold in as ample manner as John Byrd, or Paul Moylarde, held that office ; and that he shall not be removed without just cause to be certified to the Council of England. — Dublin, Jan. 6, 31°. 53. Surrender by William Eitz William of the office in the pre- ceding article mentioned, into the hands of the Lord Archbishop of Dublin. — Sept. 4, Signed, Wm. FitzWilliam. Ad., Dublin, Cane. A. Loftus. James Ware. 54- Appointment of Gerald Moore to the office of Register and Scribe of the Supreme Commissioners of Ecclesiastical Causes, and Clerk of Recognizances ; To hold in as ample manner as John Birde, Paul Maylard, or William FitzWilliam, held that office. — Btiblin, Sept. 8, 3f. 55. Presentation of Arthur Cooke to the perpetual vicarage of the parish church of Dunshaghlin, in the diocese of Meath, vacant by the decease of John Allen, and in the gift of the Crown, "pleno jure." —jbublin, Sept. 6, 37°. In Dorso. Membrane 5. 56. Conveyance whereby William Browne, of Malrancan, in the county of Wexford, in consideration of a sum of £40 9s. 8d., granted and conveyed to Thomas Ashe, 12 acres of pasture, sUindard measure, in the western part of the wood of Kylmaynham, in the county of Dublin j a house called a frank house, in the town of Scryne, in the county of Meath ; half a carucate of land in Mologhcloo, in West- meath; a quarter of land in Clonemikgilleroe j another quarter in Kilcrawe ; and another quarter in Jordanston ; the tithes of Tebohin, in the county of Westmeath ; and the site, ambit, and precinct of the priory of Plare, otherwise Loughsewdie ; amongst others, granted by patent, dated 20th April, in the 36th year of the reign of Queen Elizabeth ; To hold for ever — Rent S7«. lod. — Nomina- tion of Thomas Mony, of Kilmessan, attorney, to put Ashe in pos- session aud seisin of the lands. — May 2, 1594. 57. Conveyance whereby Thomas Ashe, of the city of Dublin, granted and conveyed to Francis Shaen, half a carucate of land in 1595-3 CHANCERY, IRELAND. 351 MoUoghcloe, in the county of Westmeath ; a quarter of land in 37 Clonemikgilleroe ; another quarter in Kilcrawe ; another quarter Elizabeth, in Jordanston ; and the site, precinct, and ambit of the monastery of Plary, alias Loughesewdie, in the ccfunty of Westmeath ; To hold forever. — Rent ^is.^—Oct. 15, 36°. Membrane 6. 58. Contract entered into between Nicholas Dalton and Vater Tnit, Lord M'Richard, whereby the former is to have possession of the lands of Imper, paying two marks a-year. — March 10, 1510. 59. A similar contract entered into between Nicholas Dalton and Vater Tnit, Lord M'Richard, and Maud Plunket, his wife, touching the town called Imper, which the former is to have, paying two marks to Lord M'Richard, and refections on the Feast of the Nativity; and this contract was made in the monastery of Friars Minors of Mount Fernand, in presence of the Prior of Disternan, under seal, in the year of Our Lord 1511, on the Feast of the Blessed Virgin, when the Earl of Kildare was Lord Deputy. 60. Memorandum of Nicholas Bath, having, on the 28th January, come before Sir Anthony Sentleger, Master of the Rolls, and pro- ducing the following deed, prayed that it might be enrolled, pursuant to an order of the Lord Chancellor, dated 8th November, in the 36th year of the reign of Queen Elizabeth. 61. Conveyance whereby Robert Caddell, of Dowiston, in the county of Meath, gave and granted to Walter FitzSymon, son and heir of Richard FitzSymon, late of Balmadroght, the manor and lordship of Balmadroght, in the county of Dublin, with all its messuages, services, and hereditaments, and the lands of Laundeston and Car- duff, in the same county ; To hold for ever of the chief lord of the fee, by the service thereout due and of right accustomed. — Nomina- tion of Patrick Shortall, attorney, to deliver seizin and possession to the said Walter.— Oci. 7, 1572, 14° Elizabeth. Signed, Robert CaddelL 62. Memorandum of Robert CuUen, having, on the nth June, come before the Master of the Rolls, and producing the following deed, prayed that it might be enrolled. 63. Conveyance whereby Henry Billingsley, of Pencoyde, in the county of Monmouth, to aid in accomplishing her Majesty's design to people and inhabit the county of Limerick with dutiful and loyal subjects, granted and conveyed to Robert CuUen, the castle, town, and lands of Lisvotoe and Gortnefoye, containing one quarter and a half, according to the custom of Ireland ; Balliknockan, BaUibohill, 352 PATENT AND CLOSE ROLLS, [1595. 37 and Corragh, containing one quarter ; Parrentegine, called Knight- Elizabeth, street, and Farrentanckline, containing one quarter, and Ballinehaye, one quarter, according to the custom of Ireland ; with all waters, watercourses, mills, and fishings ; To hold for ever of the said Henry Billingsley, his heirs and assigns, in soccage, by fealty and suit of court, as one of the freeholders, and parcel of the manor. — Rent £13; and on the death of Cullen, his heirs or assigns, the best beast in the name of a herriot, and also a " relief " on the death of Cullen or any of his heirs ; observing all the covenants which Billingslie is bound to accomplish touching the defence of the seignory. — Nomination of John Bennytt, attorney, to deliver livery and pos- session to Cullen. — Oct. 3, 1594. Signed, Henry Billingsley. Membrane 7. 64. Commission for the plantation of Munstee. " Elizabeth, by the grace of God, to our well-beloved Sir Robert Gardiner, Chief Justice of our Bench ; Sir Henry Wallop, knight, Treasurer at War ; Sir Bobgrt Napper, Chief Baron ; Sir Anthony Sentleger, Master of the Rolls ; and Roger Wilbraham, Solicitor-General : Whereas we heretofore purposed and resolved that our province of Munster, in our realm of Ireland, should be repeopled and inhabited with good and loyal subjects, and to that end heretofore did give comyssion to certain of you, and others now deceased, and set down a plott for the disposing thereof to such of our loving subjects as should be willing to undertake the same ; know ye, therefore, that consi- dering our former commission is determined by the death of such as were of the quorum, we, being fully minded to have the same to pro- ceed and take effect accordingly, and willing that the undertakers thereof who have not their assurances made perfect, should have the same now made perfect, to pass from us unto them with all ease of charge and expedition, and having great confidence in your wisdom and provident circumspection, have assigned and authorized you, and any three or more of yon, to give order and warrant under your hands, in writing, to our Sergeant-at-Law, our Attorney, and Solicitor-General, to draw and engross on parchment, several books for the disposing of the manors, lordships, castles, lands, tenements, territories, and hereditaments comprised in our letters patent for this purpose heretofore made, bearing date at Westminster, the seven- and-twentieth day of June, in the eight-and-twentieth year of our reign, to the several undertakers thereof according to our plott, to the same letters patent annexed, and under the form and to the effect of that, whereof the draughts was heretofore annexed to our former warrant to you, the said Sir Henry Wallopp, and others in the like behalf made; which book and books, soe being engrossed and signed with the hands of our Sergeant, Attorney, and Solitiilps- General or of one of them, and with the hands of any three or more of you our Commissioners, shall from time to time be a sufficient warrant for and unto our Chancellor or Keeper of our Great Seal IS95-] CHANCERY, IRELAND. 353 of Ireland for the time being, for passing of all and every such 37 book and books under our Great Seal ; and that these our letters, or Bli^ljeth- the enrolment thereof, shall be unto you our Chancellor and Keeper of our Seal, and to our Sergeant, Attorney, and Solicitor-General, for the time being, a full and sufficient warrant and discharge for doing, executing, and performing the premises, without any other or further warrant for the executing of the same ; and, moreover, we have assigned and authorized you, and every of you, to do and execute, and cause to be done and executed by others, all and every matter and thing contained in certain articles hereunto annexed, according to the true intent and meaning of the same articles. In testimony whereof, we have caused these our letters to be made patent, and thereunto put our Great Seal of England ; Witness ourself at West- minster, the 1 6th day of November, in the six-and-thirtieth year of our reign. By the Queen herself. "Instrtictionb for the Commissioners authorized by her Majesty's letters patent, dated the i6th day of November, in the 36th year of her Highness's reign, to make grants to her loving subjects of the lands in Munster, that have escheated unto her Majestic by the rebellion of the Erie of Desmonde, and sondry other rebells there of late yeres." "First, ye shall conferre together and seek to understand how many persons have undertaken to inhabit the lands eschaeted, with English people, according to the tenor of her Majesty's letters patent for that purpose, made the 27th June, in the 28th year of her reign, and according to other letters patent, made the 26th April, in the 29th year of her reign, or according to any other warrant or instruc- tion of her Majesty directed thither, either to her former Deputy and Oounsell, or to any other Commissioners authorized for the same. "Item, by the said inquisition you shall enforme yourselves howe many of the persons who have so undertaken the said action, have passed and obtained her Majesty's letters patent under her Great Seal of Ireland or England ; how they have inhabitted and peopled the same with families and bowses, according to the covenants and orders theretofore prescribed, and how every of them, having such letters patent, have paid yearly their due rents reserved for the same ; in like manner, ye shall enquire how many of the undertakers have not procured letters patent; upon what cause they have not so donne; and ye shall enquire what is the quantity of the eschaeted lands whereupon they have attempted to enter ; how long they have occu- pied the same ; with what number of people, English and Irish ; what rent they have paid to her Majesty for the same, and what ought to be answered for them ; of all these points you shall cause inquisition to be made, and either by your own travail and industry, or by com- mission to be directed to sundry persons in every county of the said province, being no undertakers, whom ye shall think meete to be used in that service. _. , „ "Item, you the Chief Justice of the Kings Bench, and you the VOL. II. 2 A 354 PATENT iND CLClSB BOLLS, [i^cjs. 37 Solicitor, having byn Commissioners heretofore, in Munster, fot Elizabeth, these services, shall renew your owne former certificates, eohtainiiig, by way of an abstract, all the names of the undertakers in the several counties of Mounster, wherein was noted the quaiitity of their lands, and the yearly rents payable from Michaelmas, 1591, until this Michaelmas, 1594, by which ye did certifie that there would be at Michaelmas, 1594, payable yerelie, only one thousand eight himdred four score sixteen pounds, three shillings, sixpence hal^eriny ; and at the same time, about December, 1592, ye did sonde also another abstract in writing, digested into columnes, containing the names of the undertakers that then were, with the number of acres granted to the "said persons by patent, the rents reserved, with the number both of Irish and English inhabiting the said seignories ; and like- wise in the same writinge ye made certificate of certain persons that had 'particulars' only, and no letters patent, and others that had seignories allotted unto them, but never proceeded therein j and also ye made, mention of the eschaets in the county of Tipperary, sued for by the Erie of Omond, bui not as yet surveyed or rented, whereof her Majestie would have you take consideration how the same maybe truly surveyedand granted to the Erie, if he shall require the same, or if not, theii to some other person that wiU answere the yearly rents for the same. Now considering that these your certifi- cates vrere sent about December, 1592, and since that time there may be many things altered, that are itieete to be enquired of for the better understanding of the present state of those lands, of the parties that do possess the same, the manner of the peopling thereof with houses and families, and of the rents paid and in arrear for the same lands ; therefore her Majesty hath renewed her former commission by placing of sundry of you named now in the iiew commission, in lieu of such as are departed, and would that according to the new commission, you shall proceed to make choice of meete per- sons to be undertakers, to inhabit and perform the covenants here- tofore prescribed, and cause gratiis to be made to them and their heirs of siich portions of the eschaeted lands as you shall think rea- sonaljle, for the atilities and qualities of the patentees, continuing all former covenants, and reserving all due rents, according to former orders prescribed for the same ; foreseeing that you make no grant to any person of lands above the number of twelve thou- sand acres, neither ikat any be allowed to be an undertaker by force of this present commission, unless he shall be known to have sufficient freekold eithet in England or Ireland, for a sufficient dis- tress to be behind, or who shall procure sufficient bonds to be taken here in England in Chancery to her Majesty's use, or to be sent over thither; having sufficient freehold in Englande,' by which bonds her Majestye niay be assured, in defaults of the undertakers, to recover her dile rent from time to time. "Item, ye shall enquire how maiiy En^lishmeti evfer^ utidertaker hath in his tbiiSe, arid bow they are furriislied with Uoi^&j armor, and weapons. , j 1 • ■ " Itein, what EiigHfeK families inhabit uridfer afl^ Hi the Irish, 1^95-] CHiNCBRY, IftBLAND. 3^^ with the homber and names of them, and likewise diligently ex- . ^^ . amine whether anye Englishmen, being recusants, are coihe thither ^ - ° ''"' to inhabit, and how they behave themselves. " Item, where there are any persons who have seignories or por- tions of land allotted to them, and have not or do not come thither to inhabit the same, according to the orders heretofore prescribed, her Majestie would have you, after that you shall be duly certified, thereof, give notice, as you may, to the same persons, that it is not her ineaniiig that they sliall enjoy any part thereof, but that the same shall be granted to others, being sufficient persons, who wUl inhabit the same, and perform tlie covenants; and if there be any persons already that be undertakers, and have had any parte of their lands passed unto them, evicted or recovered from them, her Majestie liketh that they should be preferred, to the encrease of their portions so diminished, with land of like condition. "Ye shall have some regard that no grant be made of any eschaeted land by collour of concealment, but that the eschaeted lands may ipiss to undertakers in like sorte as hath been ajjpointed for the encrease of the habitation of the province with English people; and her Majestie would have you, after inquisition inade of these points above expressed, make certificate to her in writing, so as shee ihay thereby understand both what profits have grown to her Majestie by these attainted lands, above the charges sustained by sundry commissions and surveys, and what may be expected to be yearly paid now to her Majestie from Michaelmas, 1594. — Fer ipsam Regmam." Membrane 9. 65. CoMMissiON for the renewal of the Plantation of Munster. " To the Eeverend Father in God, the Bishop of Cork ; Sir Thomas Norris, knight, Vice-President of Munster; Sir Henry Wallop, knight, Treasurer at Warres ; Sir Robert Gardiner, knight, Chief Justice of our Bench ; Sir Anthony Sentleger, knight, Mas- ter of the Rolls ; Sir Robert Napper, knight, Chief Baron of the Exchequer ; WiUiam Sexey, esq., Justice in Muiister ; and Roger Wilbraham, esq., our Solicitor in our realm of Ireland ; greeting : Whereas upon our former commission by our letters patent, under our Great Seal of England, we did give authoritye, to some of you and others, who are deceased, for the execution of divers things within our province of Mounster, for the peopling and inhabiting thereof with Bnglish people, as also for a composition to be treated of and majde with tie possessioners of lands in the province and the inhabitadts thereof, for some yearly sums of hioney to be paid to us, in lieu anil discharge of the cess and taxes commonly imposed upon them for our army maintained there ; and considering our Commission hath byn executed cbricerhynge the composition, hav- ing had continewance but for three years, which is supposed to have ended the last month of May, we find it very necessary, botli for our ser^ce and for the ease of the pe6J)le to be made free irom the burthen 6i cess aiid like taxes, to have the same commission re- VOL. II. 2 A 2 356 PATENT AND CLOSE ROLLS, [1595. 37 newed, witH some enlargement of the soma heretofore taxed in the Elizabeth, several counties of the province, as good reason it is, considering the continewance of the people there now these many yeres without trouble or burden of any men of war in the same ; and, therefore, we do by these presents give full power and authority to you or any three of you, after you have perused the former composition, to con- sider how the same may presently be revived, and in some parts of the countries enlarged, as you shall judge the wealth and fertility of the same may bear it ; and then some of you, that may be spared from our counsell at Dublin, shall repair into Munster, and there join with the Bishop of Cork, the Vice-President, and our Justice there, and as soon and as conveniently may be, after your coming thither, to send for some of the principal lords and possessioners, or a convenient number of them out of everie countye, and treate with them for the renewing of the former accord and composition ; mov- ing them also upon good reason to some enlargement, and upon their assent and agreement, to commit the same into good forme and writinge as the former composition was made ; to continew for such number of yeres as ye, in your wisdoms, shall think expedient for our benefit ; and of your proceedings to certify us, from time to time, which of you in this Commission shall repair into Munster to join with the President and the Justice there, and how you shall perform the service." — Westminster, the 12th June, 37°. By the Queen herself. Signed, J. Carew. Membrane 10. 66. Memorandum of Robert Onllam, having, on the 19th August, come before Sir Anthony Sentleger, Master of the Rolls, and prayed that the following " deed and release" should be enrolled in Chan- cery : — Deed whereby Richard M'Thomas Reaghe, of Lisvoto, in the county of Limerick, granted and conveyed to Robert Cullum, the castle, town, and lands of Lisvotoe, in Conolagh, in the county of Limerick ; the town and lands of Ballibohill, with the appurtenances, Balliknockayne, Lisvarro, Gortnefount, and Boddestawe, with their appurtenances, in the county of Limerick ; To hold for ever of the chief lord of the fee, by the service thereout-due and of right accus- tomed. — Auff. I, 1590, 32° Elizaheth. 6'j. Release whereby Richard M'Thomas Reaghe, of Lisvoto, in Couolaghe, in the county of Limerick, remitted and quitted claim to Robert Cullum, of Balliegny, his entire right, title, and interest to the castle and lands of Lisvotoe, Gortnefoybie, Ballibohill, Boddes- towe, Ballieknokane, and Lisvarra. — Sq)t. 13, 1590, 32° Elizaheth. Membrane 11. 68. Memorandum of Robert Lecester, gentleman, having on the 3rd November, in the year above mentioned, come before the Master of the Rolls, and producing the letters of administration hereinafter next mentioned, prayed that they might be enrolled in Chancery: — 1S96.] CHANCERY, IRELAND. 357 Administration of the goods and chatties of Henry Cusacke, senior, 3? late of the city of Dublin, merchant, to Margaret Brandon, otherwise Elizabeth. Cusacke, his widow, and Henry Cusacke, his son. — Dublin, Dec. 10, 1580 Signed, Roland Cowyck, Registrar. Patent Roll, 38° Elizabeth 1596. 38 Elizabetli. Membrane i. 1. Pardon of George Kenton for having alienated, without licence of the Crown, to Alexander and Christopher Barnwall, of Arrotes- ton, the lands of Lespople and Dromynefielde, in the county of Dublin, and Derver, in the county of Louth, — Dublin, Jan. to, 38°. Membrane 2. 2. Licence to George Harvie, Constable of the Port of Maribo- rowe, to go to England on his private affairs, for six months. — DMin, Feb. 2, 38°. 3. Grant to James Newman of the custody, wardship, and mar- riage of Edmond Pltz-John Geralde, son and heir of John Fitz- Edmond Geralde, late Seneschal of Iraokelly : It being found by inquisition taken at the city of Cork, the 5th of March, in the 31st year of the reign of Queen Elizabeth, that John Eitz-Edmond Gerald died the 23rd of February, in the year last mentioned, seized in fee of a carucate of land called a ploughland, in Balli- marter, in the county of Cork, which he held of the Bishop of Cloyne, at a rent of 6s. id. ; and of the lands called Glangere, containing one carucate ; Dromsarrane, Balliphoyle, Conockane Ivyne, con- taining half a carucate ; the lands called Kilmore, Parckylleyleasig, MoUarry, Drisshanmore, Carrigigearane, Ballyndeynesse, Farnyda- hore, Conockanevickirie, Farrynelaghavane, Monevonetane, Kier- anemore, Ballynyskartie, Loghdirre, Skeaghennownry, and other lands in the county of Cork ; two messuages or tenements in the town of Toughill, held of the king, but by what service the jurors were ignorant ; the rectories and advowsons of Kileorogo and Dromaddie ; certain rents called Cayne, issuing out of the lands of Corrynyviegh and other lands in the county of Cork. — Dublin, Feb. 3, 38°. Membrane 3. 4. The Queen to the Lord Deputy, the Lord Justice of Ireland, the High Treasurer of England, the High Admiral of England, and to all admirals, soldiers, men of war, on the sea or elsewhere, and all other officers and ministers, greeting: " Know ye, that we, of our special grace, in consideration and recompense of the good service rendered to us, in our realm of Ireland, by Nicholas Weston, of the city of Dublin, alderman, well Jsnown to our Lord Deputy and 358 PATENT AND PLOSE ROLLS, [1596. . 38 Council, have given and granted, and by these presents for us, our Eli zabe th. i,ej].g and successors, we do give and grant to the said Nicholas Wes- ton, and to his deputies and factors, power and authority law- fully to bargain and buy, in any place within Ireland, as lyell within cities, towns, and liberties as elsewhere, the full number and quantity of three hundred packs of sheepskins, each pack contain- ing four hundred skins ; three hundred packs of wool, each pack weighing forty stone ; and fifty tons of tallow ; by whole packs, half packs, tons, half tons, or barrels ; and the same, or any part thereof, within the ports, rivers, creeks, havens, or passages of Dublin or Drogheda, to freight, embark, put on board, and lade into any ships, barks, pica^-ds, boats, or other vessels, at any time and at all times within ^he space of four years ; and the same sheepskins, wool, and tallow so embarked, laden, and put on board, to transport and carry out of the said ports, rivers and havens, into any city, town, port or dominion beyond the seas ; paying to us and to the farmers of our customs and subsidies of Dublin and Drogheda, such customs and other duties as the free citizens of the city of Dublin were bound to pay for like wares, before the late sjiatutes of the eleventh and thirteenth years of our reign, touching th§ transportation pf such commodities, and the customs to be paid for the same." — Dvhlin, Feb. 3, 38°. Membrane 5. 5. Surrender to the Crown by Thomas, IJar} qf Or^iond and Ossory, of the rectory pf Kilteighap, j aprps of land in Keapdoifiyn, and 40 acres in Sleboun^ parcel of j;he possessions pf thg l^fe dis- solved monastery of Osney, in Engla?id ; the rectory pf Tolleligh ; the rectory of Greeneowgownaghe ; two parj;? of the tithes of Knock- toffer and KilcoUane, appertaining to the rectory of Knocktpffer, a manse, five messuages and three acres of lap4> M?o appertaining to the same rectory ; the rectory of Balliggragh, in the county of Kil- kenny ; the rectories of Hobelston, DeThinhinohie, Kiltprkane, and Kilmoyne, in the county pf Kilkenny ; the tithes of grain of TuJ- laghaughp ] two parts of the recto^ry apd tithes of Baillunghe > two parts of the tithes of the rectory pf Whitechurch, w^lich are extended to the town and fields of Whitechurch, Rapior and Malardeston ; the tithes of the rectory of Earlestpn apd Owenstpn, in the cpunty of Kilkenny ; the tithes of the rectory of Aj^^p'^'^Uy > \^^ parts of the tithes of the rectory pf Drum°verian, in the county pf Tipperary ; the tithes of the rectery of Garanegiboen ; two parts of t^^e rectory of Barnall ; the tithes of the rectory of Feinon, in the county of Tipperary ; the tithes of the rectories of Kilkerley and Ballearde ; the tithes of the rectory pf Beile^ ii^ the cpu^ity pf Wexferd j twp parts pf the tithes ef t]ie rectory pf Kille?ton, \n tbe pounty oi Carlow ; the tithes pf the rectory of Kilnatly; in tl^e county oi Kilkenny ; and the tithes of the r^ctpTy of Kilp®, yrhich are an- nually gathered in Great Shortalstpwn, Denginerone, Donamagan, and Kilrie, parcel of the ppssesaiops pf t^e lafp mpnastery p,f Kpll*, in the county of Kilkenny ; the tithes of ^b^ rectories of Jpriponnfe, JS9IS-] QHANCERy, lEELAND. 359 Balli-lincbe and Balknoe, Woulgrange, Grange-legane, Blackerath, 38 Pownebill, the grange of Kilrie, the grange of Clorane and Garan, Elizabeth. the gr^,nge of Mokehowne, the rectory of Rpure, and a portion of the tithes of the great burgages, with, their appurtenances, in the county of Kilkenny, parcel of the possessions of the late dissolved monastery or Religious house of the Blessed Virgin Mary of Jeri- ponnt, in the county of Kilkenny, with all other rectories and tithes to the abbey belonging ; the tithes of the rectory of Relickmore, and of the whole towns of Athasshell, Daddenbargen, KiUillie, Clon- mell, and other towns and lands in the county of Tipperary • Kilmoremagdalene, StradJ)£),llie, Loddowne, KiUekidie, Elenegore, Kilvarderan, and Kilcolman, in the county of Limerick ; Annagh- more, in the coun|;y of Thomond ; Killechin, Kilcowle, and Anagh- wolin, in the county of Kerry, with the appurtenances, parcel of the possessions of the late dissolved monastery of Athasshell, in the county of Tipperary. — Feb. 11, 38°. Signed, Thomas, Ormond and Ossorie. Membrane 6. 6. Grant to Thomas, Earl of Ormond and Ossory, of the tithes, fectories, and lands in the preceding article mentioned, with all alterages, oblations, obventions, profits and commodities spiritual, in the several counties of Kilkenny, Tipperary, Oatherlaugh (Carlow), and Wexford ; parcel of the possessions of the late dissolved abbeys of Osney, Kells, and Jeripounte, excepting the tithes and alterages due to the vicars and curates, and all advowsons of churches, knights' fees, woods, underwoods, and mines ; To hold for 21 years. — Rent £165 14s. — Duhlin, March 3, 38° Membrane 7. 7. Grant to Thomas, Earl of Ormond and Ossory, of the rectory of Relickmore, the whole towns of Athassel, Dadinbargane, and other towns and lands in the county of Tjpperary ; Kilmore, Mag- (lelene, Stradballie, Loddowne, Killekidy, Glenegor, Kilwarderan, and Kilcolman, in the county of Limerick ; Aunaghmore in the county of Thomond ; Killechine, Kilcowle, and Anaghgowlin, in the county of Kerry ; parcel of the possessions of the monastery of Athasselj in the county of Tipperary ; To hol4 for 2 1 years. — Rent .£142 2s. loi. — Dvhlin, March 3, 38°. Membrane 8. 8. Grant of the wardship and marriage of Patrick Sherlock to Edward Geoghe, of Glonmel ; it being found by inquisition taken at the tholsel of the town of Pethard, in the county of the Cross of Tipperary(»), the second of January, in the 38th year of her Majesty's reign, that John Sherlock, late of the city of Waterford, died at Dublin, the 25th of May, 1587, seized in his demesne, as of (a) County of the Cross — see VoL I., page 17. 36o PATENT AND CLOSE ROLLS, [1596. ^v . ^^^ °^ *^® ^^^"^ ^^'^ hjiis of Ballielereghan, in the county of the Elizabeth. Cross of Tipperary, worth by the year over reprises, 20s., -held of the king by knight's service ; a quarter of land called Balliknavyn, in the county of Tipperary, which had been mortgaged to William Butler, of Balliboe ; a field near Killowan ; the town of Ballynener- lagh, in the county of Kilkenny, containing three acres of great measure, held of the Earl of Ormond, and that Patrick Sherlock was his son and heir. — Dublin, Feb, 23, 38°. Memhrane 9. 9. Grant to John Hoye of the wardship and marriage of Donald Oge M'= ne Maro, son and heir of Donald Reaghe, alias W ne Maro Reaghe ; it being found by inquisition taken at Inish, in the county of Clare, the last of March, in the year of our Lord, 1592, and in the thirty-fourth yeai- of the reign of Queen Elizabeth, that Donald Reaghe, alias M° ne Maro Reaghe, of Ferten, in the county of Clare, died the 13th of February, 1591, and at thetime of his death was seized in his demesne as of fee of a moiety of Dengin, containing two quarters of land, a castle called Perteii, with a half quarter of land ^ thereto appertaining, half a quarter called Rathe, a quarter called Rosselaherie, a quarter called Reaghe Carrowbegg, a quarter in Bal- litforin, a quarter in Peykill, half quarter called Leighleygkernarde, half a quarter called Killyilgortin and Pallis, half a quarter in Ranygin, a quarter in Caher, a quarter in Leygorte, a quarter in Corclayne, a quarter in Chamberleycrom, a third part of a quarter called Cowerbegg, and a half quarter in Quyn, in the county of Clare, all which were held by military service as of the manor of Inishe, by the fortieth part of a knight's fee, as scutage runs, and were worth, by the year, over reprises, £7 14s. 6d.; and that Donald oge M° ne Maro was his son and heir Dvhlin, March i, 38°. Memhrane 10. 10. Pardon of Auly M'Morogh O'Tole, of Killegarrd, in the county of Dublin, kern, and Jennet Tuyte, of Cosington, in the county of Westmeath. — Dublin, March 6, 38°, 1 1. Grant to Peter Beston of the custody, wardship, and marriage of Thomas Morgan ; it being found by inquisition taken at the town of Innish, in the county of Clare, the second of June, 1595, and in the 37 th year of the reign of Queen Elizabeth, that Patrick Morgan, late of Enagh, in the county of Clare, was seized in his demesne as of fee, of a carrowmere of land in Tirone, a half quarter of land in Clonbroun, a carrowmere in Bynake, a half quarter in Kilneny, half quarter in the Enacke Teage M'Sydye, half quarter in the Nenac O'Fleyn, half quarter in Knock eyndeyn tie, half quarter in Gortindromye Classhduffe, and a quarter of land in Inishnatlie, in the county of Clare; that he died at Enaghe, the 17th of November, 1594 ; that the lands were held of the Crown in capite, by military service, and that Thomas Morgan was his son and heir. — Dublin, last nf March, 38°. 1S96.] CHANCERY, IRllLAND. 361 Membrane 11. 38 12. Licence to Sir Henry Haryngton to repair to England for Elizabeth, six months, " especially for weighty affairs greatlie ymporting his private estate." — Dublin, April 13, 38°. 13. Surrender by Donogh Magrath, otherwise called Gillagmana Magrath, chieftain of Termon Magrath, and of his name in Ulster, and Milerus, Archbishop of Cashell, his eldest son, to the Queen, of the lands and territory of Termon Magrath and Termon Imoughan, in Ulster, for the purpose of reducing the lauds to English tenure, and with the intent that they should be regranted to Donogh for life, remainder to his eldest son, Milerus, Archbishop, for life, re- mainder to Terence, eldest son of Milerus, and his heirs male, re- mainder to Eedmond, second son of Milerus, and his heirs male, re- mainder to Barnabe, third son of Milerus, and his heirs male, remain- der to Marcus, fourth son of Milerus, and his heirs male, remainder to James, fifth son of Milerus, and his heirs male, remainder to Michael Magrath, second son of Donogh, and. his heirs male, re- .^ niainder to the right heir of Donogh for ever, — Donogh is described as having good and just title to the castle and lands of Carna, the castle and lands of Cometh, the lands of Cowill, Inver, Rathnacrosse, Tullaghlairge,Paitagooa, Cwillynaltrom, Orole-anloghnagege, Togh- dutygh, Agliafayd, Ardglasae, Mearg9,iegh, Druym, Thayrne, Na- banive, Cnookkeangona, Ballenncamany Druym, Chrayn-agha lagha, TuUagh, Carnagowallbegg, Gowallmore, Droimamarcke, Carrig, Rwary, the two Bellaltay Cearawan, Doirne, Gortnarhoynsene, Gortea-cheerrain, Cavan-a-nighaye, both Issell, Corthallagh, Drom- dona, Maghnacowarcke, Loghnangawana, Skrege, Arneenarge, the Great Island, Inisse-tuasker upon the red lough, Teebhnamyntegh, TsBvatwaye,T8evanarodda,Gowall-oircke,Killesirill,Srath-noor,Althe- nambelly, Cnoctan, Nalarlgeagli, Saye, O'Gronayn, and Anchroye, with all Seinories, rents, mountains, woods, waters, fishings, fish ponds, mill-streams, and other hereditaments; containing, in all, twelve tates and sesioghs, with Tearmonde aforesaid ; situate within the follow- ing mears and bounds, viz., extending in length from the moor and brook called Gabbar-Roe in the west, by the borders and confines of Tyre Eaodha, near O'Donyll's country, to the brook or river called Gleassie Thearmonde Imonghan, and from thence to Curragh-Roo, in the east, in breadth from Curranlurge in Feariiionagh in the south, to Barrens-more by O'Donyll's country in the north, compassed within the mears and limits of the river or brook called Ava-lei- ttreagh towards the moor and brook called Galbar-roe, and from thence towards the Yellow river, otherwise called Avan-boye, thence to the river Minakareagh to the brook called Leacareaghan, as the river called Srughan-Riavagh runs to the tenement of Cornell Fyoud, thence as the river Liaghanagh runs its course to the Red river, otherwise called Dearge, towards the stream of the brook called Avan-naloggan-boy, towards the ford of Greanagh Dearge, to the moor and brook called Seaskande-tullchaland ; and as from thence the water falls into the lake called Seathfue into the river of 3(^2 PATENT AND qj^OSE ROLLS, [iflpiS. 38 Ava, towards the river TijUagbtergs, and in the circuit of the Elizabeth. hjH of TuUalairge, towards the mear and bounds of Carranluirge, in j;he circuit of the moor called It^one-an-Tearmondej and so return- ing unto the river called Ava-an-Tearmonde, and thence to the great lake called Logh Barne, where the river of Ava-an-Tearmonde and the river of Ava-leittregh fall into that lake. — May 5, 38°. Memorandiini of the delivery of the preceding surrender into the hapds of the Lord Archbishop, Chancellor of Ireland, — in presence of W. Brereton, Wa. Plunket, Richd. Linge. Signed, A. Dublin, Cane. Membrane 12. 14. Grant to Donoglj Magrath of the castles, territory, apd Jands pf Thearmonde JV^agrath and Thearmond Imoughan, in ^Jlster ; To hold for life, with the remainders in the preceding article mentjoned, in capite, by military service, that is to eay, by the twentieth part of a knight's fee. — Rent £1 6s. 8c?. Her Majesty enjoins that all the lands shall be exempt from Irish exactions and illpgifimate cus- toms — that is to say, poyne, livery, bonnagh);, kinduffe, ,or black- rent, sorren, quiddye, kearaptighe, mustrom, and oth@r siifiil3.r ille- g&\ cu^tomB.—JPipblin, May 13, 38°. Membrane 14. 15. Qr^Jii, tp Hepry Williams of the wardship and marriage of Anne Moirripe. It appearing by inquisition taken at fhilipstown, in the king's county, the 29tl;i of May, iu the thirty-sixth year pf the reign of Quepn Elizabeth, 1594, that Philip Mo(rrice, late of New- tpwne, was seized in bis demesne as of fee, the last day of Novem- ber, ip thp 34th year of her Majesty's rpign, pf the town of New- tpvif, w^ith all it? jnessuages, gardens, lands, and tenements, ip the Kipg's coppty, worth, by the year, over reprises, and thp annual rent reserved to the Crown, 20s., Irish ; that Apne Mortice was his 4aughter 3,pd heirep, and pf the age of three years. — Ihklin, Aiig. 9, 38°. Menibrane ig. 16. (Jrant to Thpnias Browne and M^ria his wife, Richard Boyle and JoBiP tig wife, pf all the gopds and chatties, real and personal, of Edward Apgelye, son and heir of William Apselypj who droi^ped himself ip tlie Nofe on the 7th January, in tjie ^^th year of her Majesty's jre'ign, whefeby, on the informatiop pf ope Erancip Micljell, all his possessions came tp |ihe Crown.— Z)u6Zw, June 10, 38°. Membrane 17. 17. Pardop of Jolip Stapley, for ipjirpsipp iptp the manoT of Dripane, ip the cpppfiy of Dublin, vithopt licence j it appearing by ipqujsitjpp t^kep at Oromleyn, the ist Octpber, in tjie 33rd yp^r of the j-eign pf Queen Elizabeth, that Marcps Wiekcoipl)© W3,s ^ei^ed in 1S96.] CHANCERY, IRELAND. 3^3 fee of the said manor, an old castle, 12 messuages, one pigeon-house, 3^ 12 gardpns, 300 acres of arahl^ lan4, 16 acres of ipeadow, 100 acres of BUzabetl?. pasture, and 12 acres of wood, iij Drynane and Marshalstowne, and being so seized, with one John Jordan, of Hilton, by deed, signed and sealed, granted and conveyed all the premises to John Stanley in trust, for the use of Gerald Dillon, who sold them to Richard Russell, of Mapestone j^the Jurors also found that the manor was held of the Queen in capite by knight's service, and was worth, by the year, over reprises, £6 14s. 4d — Dvhlm, June 24, 38°. 18. Grant to William Browne, of Malrancan, in the county of Wexford, of the castle of Clonemore, otherwise Oroftestowne ; 192 acres of arable and pasture, with all other tenements and heredita- ments in Clonemore, and Kiltowne, alias Killowen, in the King's county ; the manor of Oastlejordan, in the county of Meiath ; a castle, 140 acres of arable land, 20 acres of pasture, and 20 acres of wood and underwood in Oastlejordan and Ballymallaghe ; 20 acres of arable, 30 acres pasture, and 20 acres of bog, in Killeuagh, in the county of Kilda.re ; 10 acres arable, 5 acres pasture, and 3 acres of woo4and moor in Ballicowan, in the county of Kildare ; 10 acres arable, 10 acres pasture, 10 acres wood, 4 acres bog in Kilcroe, alias Hardwood, in the county of Meath ; and 60 acres arable and pasture in Balliaghter,in the cOunty of Westmeath, lately parcel of the possessions of Thomas Leynaght, attainted of high treason ; To hold for ever as of the castle of Philipstown in capite by knight's service, that is to say, by the service of the twentieth part of a knight's fee, as scutage runs ; Browne undertakes that, when summoned, he will attend with the greater part of his domestics and tenants, armed in warlike manner, with victuals for three days, on the Lieutenant, Deputy, or other governor, for the defence of the county, and to serve against the neighbouring Irish ; he will answer all hostmgs accord- ing to the rate and value of his lands, exonerated from all Subsidies, and other charges, according to the custom and law of Ireland ; he will maintain, upon the premises in the King's county, two fit horsemen of English nation, name and blood, for the better habita- tion and security of the premises, and provide good and suitable horses and arms, offensive and defensive ; he undertakes not to use the Brehon law in any cause, or against any person responsible to the laws of the kingdom ; that his children and household shall use the English language in their dwellings ; and English dress and costunjei as far as they reasonably can • and will attend before the Constable of the Castle of Philipstone, on the ist September, in every year, and bring all men under his rule, within the age of six- teen and sixty, able' to carry arms, for the purpose of enrolment, and to answer for their conduct during the yeat-Vwrne 17, 38°. Membrane 19. 19. Livery, of the possessions of Theobald Butler, late Baron of Gaher, granted to his son, Thomas, in consideration of the; sum of £20.— :-DuUin, June 26, 38?.. 364 PATENT AND CLOSE ROLLS, i'^59 Membrane 21. 20. Livery of the possessions of Sir Gerald Nugent, late of Bah brathnagb, in the county of Westmeath, granted to Edward Nuger of Disert, his son and heir. — BvhlAn, Aug. 5, 38°. Membrane 22. 21. Grant to William Taaffe, of the monastery, friary, or house canons of Inchvickriny, and the site, circuit, and precinct therec upon the river Loghkee, in the country of Moylarge, in the coun of Roscommon, situate in an island, containing one acre ; a raim church ; the walls of two decayed messuages ; three quarters land, called the quarters of the church of Dryne, near the riv Loghkee ; a quarter of wood and mountain land adjoining the h: of the Curlews, , with the tithes and appurtenances of the foi quarters ; the vicarage of Ballimagrie, that is to say, a fourth pa of all the tithes and alterages thereunto belonging ; the vicarage Dromyne ; the vicarage of the half town of Aghean, and half townland in Ballymoran, in the county of Roscommon ; the lam of Kilkerrie, containing four quarters, with the tithes and appurte: ances, in the barony of Tirrerell, in the county of Sligo ; half tl townland of Killinkerry ; half a quarter of land, with the tithes, i Dromdonye ; the rectory of Aeannaghe, that is to say, two parts < the halfendale of all the tithes in the parish of Aeannaghe, to tl rectory belonging ; the rectory of Kilmacallan, and the rectory i Culea, in the said barony and county of Sligo, with all the tithes an glebe lands to the rectories belonging or appertaining ; the mine castle or fort, called Clonebirne, in O'Connor Roe's country, and ha a quarter of land whereon the castle stands ; two quarters of Ian called Cormockurren ; a quarter called Oorballie ; a quarter calk Carrowkeel ; a quarter called Carrow Raglen ; half a quarter i Ballifraghan ; a cartron of land called Cartrontorre ; a cartron calk Cartron Ardoghertie ; a cartron called Dromlishmore, in the counti called Terronwoghter ; three cartrons of land in Slawnaghe ar Leightearrow ; two parts of a quarter in TuUie; a quarter calk Carrowclonecalliagh ; half a quarter called Mentoragh and Cagendei half a quarter called Carrow Wardagh ; half a quarter called Ca rowarreragh ; and a cartron called Cartron Dressaghe, in the couni of Roscommon, parcel of the possessions of Hugh M'Tirlagh Ri O'Connor, attainted of treason ; the friary and late religious hou of Twilskye, with 40 acres of arable land, and 30 acres of pastu: and bog in Twilskye, in the county of Roscommon. The latp dissolved monastery or house of friars of Clonshanmoyl ■with the site, circuit, and precinct ; 40 acres of arable land, and ; acres of pasture and moor in Clonshanmoyle ; — the monastery or rel gious house of Saint John the Baptist, near Loghrie, with the sit circuit, and ambit ; a church covered with shingles, a steeple, a cloi ter, and the stonewalls of three decayed houses, with all the orchan and gardens within the precinct 5 six waste cottages in the tow and fields of Saint John's ; a quarter of land called Knockeskehane ; 1596.] CHANCERY, IRELAND. 365 quarter of land called Innure, alias Nure ; a quarter of land called 38 Nemadre ; a quarter called Reiiagan ; a quarter called Glanye ; Elizabeth. a quarter called Gallebeg ; and LeigLcarron ; half a quarter in Clogh, alias Kilclogher, -which six quarters and a half contain, by estimation, 180 acres of arable laud, and 80 acres of pasture, wood, and moor, with all the easements and appurtenances in the fields and hamlets of Saint John's, in the county of Roscommon ; a new castle and two quarters of land, called Slegin and Crewoqnin, containing, by estimation, 40 acres of arable land, and 40 acres of pasture, wood, ajid moor, in O'Manye, in the county of Roscommon ; sixteen quarters of land, with their appurtenances, in Teaghtample or elsewhere thereabouts, containing, by estimation, 200 acres of arable land, and 300 acres of pasture, wood, underwood, and moor, in the county of Sligo, being parcel of the temporal possessions of the monastery or abbey of Saint John ; a third part of all the alter- ages and tithes, of the vicarage of the monastery, with all the lands, tenements, oblations, obventions, and other commodities to the vicar- age belonging, extending into all the quarters of land in O'Many, and into the towns and fields of Saint John and elsewhere where- soever ; the rectory and tithes of the parish church of Teaghtample, in the country commonly called O'Connor Sligoe's country, with all the tithes, glebe lands, obventions, and presentations thereunto belonging, parcel of the spiritual possessions of the said monastery. The late house of preaching friars of Rathbranna, and the site, cir- cuit, ambit, and precinct thereof,"" neer the seas," in the county of Mayo, with all the buildings within the site ; a house adjoining, a ruined water-mill, and a quarter of land in Gloneboye, Cloyne- moyler, Acknoyke, alias Nanglanyo, alias Nacglantymore, with all the tithes, duties, commodities, and all edifices, buildings, cottages, and lands to the said late house belonging ; a quarter of land, with the appurtenances, in Rathcarron, in the barony of Kil- mayne, in the county of Mayo, sometime tlie property of Rickard MacEdmond e Coggie and Shane M'Edmond e Coggie, traitors ; a quarter of land in the town and fields of Mocarr, sometime the property of Rorie Oge M'Bran bwye, attainted ; a tenth part of the castle and bawn of Killelelan, with half a quarter of land in KiUelelan, and half a quarter in Cloghlegh, in the lands of Bally- mecaragh, parcel of the possessions of Bdniond Wonye M'Dare Oge, of Killelan, attainted of treason; three quarters of land in Balliduflf, in the barony of Tirawly, late the possessions of Edmond bwye, and Meyler M'Henrie Crore, late of Balliduff, killed in rebellion ; the castle, town, and lands of Bealicke, and eight quarters of free land, in the barony of Tirawly, with all the appurtenances, the particular names whereof ensue, — one quarter in and adjoining the castle and town of Bealicke, whereon the castle and town stand. Carrownecollen, CarrowfarrenskuUoge, Leighcarrow, Clondekille- Bealick, Leighcarrowneknowen, Leighcarrowfarren, Sleight Moyler, in Bealicke, Leaglicarrow Cownyell, Carrowkilliaghleage, Leigh Carrowbracktowne, Aghleage, Carrowgarrowcrosmolyn, and Leigh- Ca.rron ne-Cloghe, with their members and appurtenances, in the 366 PATENT AND CLOSE ROLLS, [15^6. 38 county of Mayo, parcel of the possessions of Theobald, alias Thibald Elizabeth. Bourk, of high treason attainted ; three parts of the ruinous castle '■ and bawn of Olonkerrie, three quarters of land, with the appur- tenances, that is to say, three cartrons in Karrowlonkerrie, three cartrons in Enockglasse, half a quarter in Rathedmond, and one quarter in Knocknegulshie, the possessions of Moyler M'Tibbott Reoghe, William Bourke M'Shane Termon, Davick Bourke, and Walter ne bully Bourck, and others of that sept, attainted ; a ruined castle and eight quarters of land, with the appurtenances, that is to say, Carrowkilcwosane, Carrowkilcurron, Carroutubberwraigh, Car- rowdarahe, Carrowbally Inyon, CarrowkiUenedeena, Carrow-Aid- negighe, Carrowbreandrom, Carrow-Gurtecurren,Carrowknockgla8se, and Knockanarte, with their appurtenances, in the county of Mayo, late the possessions of Thadie or Teig M'Morogh, attainted ; two quarters called Carrowkeele, Ralackan, and Carrowkinleeve ; one other quarter of land called Carrowmoar, half a quarter of land called Downapatrike, one cartron of land called Gartronknockane, ^.nd aiiother cartron called Killenetrynoad, with their appurtenances, in the barony of Tirawly, and county of Mayo, late the possessions of Alexander M'Hugh bwye MacConnell, of Balackan, of high trea- son attainted ; a cartron of land in TuUagbgeagan, in the same county, parcel of the possessions of Gilleduff O'Cley, attainted ; half a quarter adjoining to Garrannomacke, in the same county, parcel of the lands of Richard M'Richard, slain in rebellion, and attainted j a third part of the town and lands of Roscribb, containing one trien of land, and two other quarters of free land, in the town and fields of Clongasshell, in the county of Sligo, which escheated to her Ma- jesty, for want of heirs, on the death of Gillecbrist M'Donogh, late of Roscribb ; seven quarters of infertile land, called Oarrowlewchell, Knockencahilogh, Innyshbrackane, Oarrowkillanelerhie, Carrowtry- namgarranae, Carrowleytermoyne, Edirtrahannae, Lyttemackloe, and Muckenaghe, Ederdahalye, and Carrownegannanagh, in Killen- kellie, with all their tithes and appurtenances, in the barony of Mocnllen or elsewhere, in the county of Galway, parcel of the pos- sessions of the late religious house of Annagbcoyn, alias Annagh- down. The late dissolved monastery or house of friars' of the Court, with all aiid singular the members and appurtenances, containing a church, church-yard, a dormitory, two small messuages thatched, and two quarters appertaining to the monastery, whereof one is called Oarrowardowar, and the other is called Carrowintowny, containing 80 acres of arable land and pasture, with the tithes and appurtenances, in the barony of Leyn, in the county of Sligo ; to- gether with all castles, bawns, towns, villages, hamlets, edifices, buildings, cottages, lands, tenements, niills, mill-poiids^ creeks, havens, rivers, wrecks of the sea, fishings, weirs, waters, water- courses, heaths, bogs, mountains, quarries, pastures, feedings, chief i-ents, vicarages, advowsons, donations, presentations, patronages of churches and chapels, tithes, alterages, oblations, obventions, profits, commodities, emoluments, custotns, casualties, dutidSj add all other i^Sl6.] OHAUOEEY, IEELAND. 367 hereditaments whatsoever to the said late religious houses of Inch- 3g vickryny, Saint John the Baptist, near Loghrie, Rath branna, T wilsky, Elizabeth. Clonshanraoyle, and the Court, and to every of them appertaining or helonging, or which of right ought to appertain and helong to them, or which at any time have heen reputed or taken as part or parcel of the said late abbeys or religious houses, or any of them, by any means whatsoever ; To hold for 30 years after the expiration of the existing leases. — Rent £39 19*. 9^d Irish. — Dublin, Sept. 2, 38''. Membrane 25. 22. Grant of the iiyardship, body, and marriage of WiUiam Cosby, son of Francis Gosbv, of Stradbally, in the Queen's County, to Dorcas and Helena Oosbie, his mother and grandmother ; reciting an inquisition taken at Marlborough, in the Queen's County, the i8th of August, in the 38th year of her Majesty's reign, finding that Francis Cosby, late of Stradbally, in the same county, at the time of his decease, was seized in his demesne, as of fee tail, of the site, circuit, ambit, and precinct of the late friary of Stradbally, with a water-mill in the town j 380 acres arable and pasture, in Stradbally, Ballynowlane, Kilrowry, Ballireder, and Loughillparcke, Ballycolman, Ballyraaddocke, Kilmarten, the Grange, Garrymad- dock, Cloneveok, Ballivicar, Kilmocho, Moyanaghe, Corriell, Rath- crehin, Clodnffe, Noghmole, Ballaghmore, ShanemoUan (excepting 15 acres belonging to Edward Brereton), Ballymacmanus and the castle of Dirribrock, all which are held of the crown by knight's service, that is to say, by the twentieth part of a knight's fee as scutage runs, — That he was killed by the rebels after his father, Alex- ander, who was also killed at Stradbally, on the 19th of March, in the year 1596, and that William was son and heir male of Francis, and aged 9 weeks at the time of the death of his father ; that Dorcas, widow of Alexander, had in dower a third part of aU. the lands and possessions, and that Helena, widow of Francis, had another third part in dower. — Iiublin, Sept. 12, 38°. Membrane 2 'J. 23. Commission to Arthur Cory, Serjeant-at-Law, and Charles Calthorpe, Attorney-General, to administer to Gerald Dillon, and John Moore, Clerks of the Crown, of the province of Connaught, the oath of supremacy, according to the form of the statute of the second year of the reign of the Queen, which they had previously refused to take. — Dvhlin, Jwm 19, 37°. 24. Return of the preceding Commission by which it appears that Cory and Calthorpe administered the oath of supremacy to Gerald Dillou, acpording to thp form of the statute, but that Jphn Moore, Clerk of the Crown of the province -of Connaughtj althougH on several occasions admonished, peremptorily refused to take tte bath required. — Delivered into Ghanc&ry, Jan. 5, 1S95, 38°. Signed, Ad; Dublin, Cahc. 368 PATENT AND CLOSE EOLLS, [1596. 38 25. Appointment of Richard Cooke to the office of Clerk of the Elizabeth. Court, Prothoiiotary, and Keeper of the Writs, Files, Bolls, and Records, also to the office of Clerk of the Crown and Peace, and Clerk of the Peace of Assize and Nisi Prius, throughout the entire province of Connaught and Thomond, and within all the counties thereof, as well within liberties as without ; To hold during good behaviour, receiving such fees and emoluments, as had been usually received for the execution of those offices. — DtLblin, Jan. 7. Memorandum, that on the 14th June, in the thirty-eighth year of the reign of Queen Elizabeth, Robert Ashe, Sovereign of the town of Naas, personally appeared in Chancery, and took his corporal oath, that the charter of the town had been accidentally burnt, and therefore prayed that an inspexinius might be granted to the Cor- poration ; which request was accordingly granted in manner and form following : — Chaetee of Naas. 26. The Queen, with the assent of her very beloved and faithful counsellor Henry Sidney, of her illustrious order of the Garter, knight, Lord President of the Council within the principality of Wales, and the marches of same, and Deputy-General of her king- dom of Ireland, by virtue of certain letters, dated under her signet, at the honor of Hampton-courte, the 30th day of October, 1568, sealed with her hand, and in the rolls of her Chancery of Ireland inroUed, according to the effect of certain articles, sub- scribed with the hand of her principal secretary, William Cecill, knt., under date the 29th day of October, 1568, and in like manner inrolled in Chancery, grants, that the town of Naas, in the county, of Kildare, shall be a free and undoubted borough — and that the in- habitants of the town, and their successors, shall be incorporated by the name of the sovereign, portrieves, burgesses, and commons, for ever — that the sovereign, portrieves, burgesses, and commons, and their successors, shall have all and every the liberties and free cus- toms to any other free borough belonging — that the burgesses and commons, and their successors, on the Feast of St. Michael, in each year, may elect frona among themselves one to be sovereign, and two to be portrieves, to serve there, for one year next following the election, to preserve the borough, and to hold a court con- cerning the town ; and further, to do and put in execution, according to justice, all and every thing concerning the town, and the bur- gesses and commons of the same, and their successors, for ever — that, immediately after the election, the sovereign and portrieves, on tlie same day, before the burgesses and commons of the town, and their successors, for ever, shall take their corporal oaths, that the sovereign and portrieves shall well and faithfully bear and conduct themselves to the Queen, her heirs and successors, for ever, as well in preserva- tion of the right and title of the lady the Queen, her heirs and suc- cessors, as in preservation of the liberties and customs of the borough ; and also, in execution of their offices. 1S96.3 CHANCBKY, IRELAND. 369 That the sovereign, and his successors for the time being, shall have 3^ full and sufficient authority of electing and constituting one man to Elizabeth. be Serjeant to bear the mace before the sovereign, and his successors, within the town and the franchises of the same, for ever — that the sovereign, portrieves, burgesses, and commons, may be able to erect, build, and fortify the borough with fosses and stone walls, for the better defence and fortification of the town.W (a) An Act of Coukcil in favour of the Tows of Naas. Aethuke Chichester. An act made by the Lord Deputie and Counsell, the l6th day of April, 1609. Whereas the Soveraigne, Portrieves, and Burgesses of the towne of Naase, in CO. Kildare, became humble suitors to the right honorable their lordships, and others, of his majesties privie counsell in England, commissioners for Irish causes, to give their furtheraunce, that his majestic would be graciouslie pleased to graunt unto them their requestes, vizt. — that their charter, graunted imto them by the late queene Elizabeth, in the loth yeare of her raigne, might be contirmed — that the villages of Osberston arid Giggenston might be conteyned, -vyithin the liberties of the towne — that the soveraigne of the towne, for the tyme beinge, a justice of the peace, might likewise be of the quorum ; and be saymaster for sealing of leather ; and have all deodans, within the to-^Tie and the liberties thereof — that the enhabitantes of the towne and liberties might not serve as jurors in any other place, but onlie within the towne — that they might hold sessions, for triall of felons and other malefactors, within the towne, as Drogheda doth — that thej' might keepe twoe faires there, yearelie, and have the c^istomes and benefittes of the faires, to them and their successors— that they, and their successors, might have the presentation of the viccarage of st. Davides there; to the end, they might make chpiee of a schoolmaster, for instmctinge the youth of the towne —and that his majestie would be pleased to accept of a surrender from them of such chauntrie lands, tenementes, and hereditamentes, as they have held tyme out of mynd, and for which they pale £9 per ann., towardes the reparation of the church of st. Davides ; and to graunt the same to them and their successors, pay- ing such cheife rentes as heretofore have bene paied for the same ; and alsoe pay- ing £9 yearelie towardea the reparation of the chiirch. Uppon which petition the lordes and others of his majesties privie counsell in England, commis- sioners for Irishe causes, by their letters to us directed, bearinge date at Whitehall, the 9th day of April, 1 608, did signifie unto us that his majestie was pleased that the charter of the towne should be renewed, under the great scale of this kingedome, with such ymmunities, liberties, and benefittes, as wee should thinke fitt to be granted unto them ; allwaies havinge a care, that nothinge be done, by the grauntes, to the diminishinge of his majesties customes ; and, for the rest of the before-mentioned requestes, conteyned in the petition, their lordeshipes did referr them to our consideration to be graunted, denied, or limitted, as in our judgmentes wee should thinke meete, as by the same letters, inroUed in the high court of Chauncerie, may appeare. Whereuppon wee, havinge considered of the petitioners' requestes referred unto us, have thought fitt that it be graunted by his majestie, uppon the renewing of the charter, that the soveraigne of the towne for ever, for the tyme being, may be a justice of the peace and of the quorum; and may be saymaster there for sealinge of leather, soe as a penaltie be imposed uppon him for any misdemeanor in the office ; and that the petitioners may have all deodandes within the towne, and the liberties thereof; and that the inhabitantes there shall not be drawen out of the towne, for the triall of any cause betwixt comon persons, unles it be in an attainte, or wiyte of right, or that the triall of necessitie ought to be at the barr, in some of the kinges courtes, by a jurie of the towne ; or in causes concerning the kinges majestie ; and that they may have twoe faires graunted unto them, to be kept yearelie, accordinge to their demaunde. And alsoe, wee thinke it fitt, that they may surrender upp to his majestie all such chauntrie lands, as they doe'nowe holde ; and that thereupon the said landes may be regraunted unto them ; renderinge to the kinges ma- VOL. II. 2 B 370 PATENT AND CLOSE ROLLS, [1596. Elizabeth. That all lands, tenements, rents, and services, and all other here- — — ditaments,'withtheirappurtenances,whichnoware known orreputed, as part and member of the town, or within the precincts of same, be jestie, his heu-es and successors, the yearelie rent of £4 Irishe, besides the usuall rent of £9 per ann., to be paid towardes the reparation of the church of St. Davides ; and, as toucliing the residue of the requestes referred to our consideration, wee doe not thinlte them fitt to be graunted. — Patent Roll, 7° James 1, prima pars, fade. By deed, dated the 20th Aprill, in the seaventh yeare of the raigne of King James, Christofer Sherloclt, suffraine, David Tole and Patrick Guyre, portrieves, and the burgesses and commonaltie of the towne of Naas, in co. Kildare, with one assent and consent, constituted Michael Latten, of the cittie of Dublin, merchaunt, their true and lawful! attumie, to acknowledge and deliver upp unto thg lord chauncellor of the realme of Ireland, for the use of the kinges niajestie, the deede of surrender hereunto annexed, being sealed, and duly perfected, under the common seale of the towne of the Naas ; and to do and execute all and every other thinge which shal be necessarie for the perf ectinge of the same deede ; and whatsoever thinges or actes their said attumey shall doe conceminge the premises, they do hereby ratifie, allowe, and confirme, by these presentes. — Patent Roll, 7° James i, prima pars, facie. By charter, dated the loth Aprill, in the seventh year of the reign of King James, Christofer Sherlock, sovereign of the towne of Naase, in co. Kildare, David Tole and Patrick Guyre, portrieves of the town, and the burgesses and commons of the town, for themselves and their successors, for divers causes and considerations, them specially moving, have given, granted, and, by this present charter, surrendered to their sovereign lord, king James, all those towns, villages, hamlets, lands, tenements, and hereditaments following, viz. — the town of Gingerston, in co. Kildare, con- taining by estimation 60 a., with the appurtenances, now or lately in the tenure of the aforesaid Christofer Sherlock ; and also 20 a. called Magdalens, in the parish of Naas aforesaid, in said county, now or lately in the tenure of Edward Ashe, gent. ; one small castle, with 19 a., in the fields and town of Naaa.; 2 messuages or tenements, on the w. part of the upper greene of Naas, now or lately in the tenure of Thomas Sherloeke ; one other messuage in Naas, now or lately in the tenure of James Moore ; 4 other messuages, to the town of Naas belongmg ; 4 other mes- suages, now or lately in the tenure of John Latten ; one messuage, now or lately in the tenure of Bartholomew White ; one messuage, now or lately in the tenure of Nicholas "Walshe: one other messuage, now or lately in the tenure of Nicholas Ashe ; one messuage, now or lately in the tenure of Walter Lewes ; one messuage, now or lately in the tenure of James Eobyns ; one messuage, now or lately in the tenure of Henry' Walker ; one messuage, now or lately in the tenure of James Ashe ; one messuage, now or lately in the tenure of Patrick Kelly ; one messuage, lately in the tenure of the Widow Duffe, and now in the possession of Eobert Ashe ; two messuages, now or lately In the tenure of Eobert Ashe ; one messuage, now or lately in the tenure of Thomas Eaughter ; two messuages, now or lately in the occu- pation of Eichard Bane ; one messuage, now or lately in the occupation of Thomas Edwardes ; two messuages, now or lately in the occupation of Christofer Sutton ; one messuage, lately in the occupation of Thomas Sherlock, and now in the tenure of Donell Scully ; two messuages, now or lately in the occupation of David Sutton ; two messuages, now in the occupation of William Walshe, and lately in the tenure of Nicholas Walshe ; one messuage, lately in the tenure of Thadeus alias Teige Smithe and now in the occupation of Thomas Sampson ; two other messuages, now or lately in the occupation of William Browne; one messuage, now or lately in the possession of Peter Lewys ; all which messuages are situate in the town of H'aas and alsoe 14 a. and 3 stangs, with the appurtenances, in the town of Naas, no w in the tenure of Nicholas Aishe, and lately in the occupation of Phillipp Graunt ; 3 a. in the town of Naas, now or lately in the occupation of John Latten ; 3 a., in the town of Naas, now or lately in the occupation of Eobert Dowlinge ; one mes- suage or tenement, in the town, in the tenure of Eobert Luttrell ; and moreover, 3 a., in the town, in the occupation of William Trassy ; with all and every the houses, edifices, structures, gardens, lands, tenements, rents, reversions, services, and all other hereditaments whatever, reputed parcel thereof. To hold, to the king, his heirs and successor.s, for ever; with the intent, that the premises, with all their iS96.] CHANCERY, IRELAND. 371 henceforward for ever, within the franchises, liberties, and jurisdic- 3° tions of the town and borough. _ Eli^th. Further, that the sovereign and portrieves, and their successors, shall have the return of all the Queen's writs and mandates, and the execution of same, in any manner touching the borough ; so that it shall not be lawful for any sheriff or other officer of the Queen, her heirs and successors, to enter into the town to exercise their offices, unless it be in default or through defect of the sovereign and portrieves, and their successors ; always saving and excepting the writs and processes at the suit of the Queen, her heirs and suc- cessors. That the sovereign, portrieves, burgesses, and commons, and their successors, shall have jurisdiction and cognizance of pleas and com- plaints of all causes personal, arising within the franchises and jurisdiction of the town ; to be held before the sovereign and por- trieves, and their successors, for ever — ^that the sovereign and por- trieves, shall have sufficient power and authority concerning all personal pleas, arising within the franchises or jurisdiction of the town, to be held before the sovereign and portrieves, and their suc- cessors, for ever ; and that they may be able to make such due pro- cesses and executions of the^ same, in all personal pleas, as the mayor and sheriffs of the town of Drogheda are accustomed to make in personal pleas, holden there before them. That the sovereign, portrieves, burgesses, and commons, and their successors, shall have jurisdiction of holding pleas, in the nature of assize of fresh force, of all lands within the town, before the sovereign and portrieves, and their successors, for ever — that the sovereign and portrieves shall have such due process, and the execution of same, in the pleas aforesaid, in the nature of assize of fresh force, as the mayor and sheriffs of the town of Drogheda are used, or have power, to make or use in like pleas, held or moved there before them. That the sovereign, portrieves, burgesses, and commons, may have and enjoy all and every the issues, profits, and amercements of pleas, as well personal as of the assize ; as also, all and every the goods and cattle infangethest, for ever, for and towards the building, repair, and fortification of the walls, fosses, and pavement of the town. Moreover, that the sovereign and his successors, be justices of the peace within the town, and the franchises of same j and that they may be able to execute all things which, to the ofiSce of justice of the peace, within the town, belong, — that the sovereign, por- trieves, burgesses, and commons, may have one marketon the Monday in each week, for ever, in such place within the town, as to them appurtenances, may be re-granted, by letters patent, to the said Christofer Sher- lock, sovereign, and to the said David Toole and Patrick Gwire, portrieves, and to the burgesses and commons of the town of Naas, and their successors, for ever. Which surrender was accepted, by the hands of the within named Michael Lattsn, to the king's use, on the day and year within written, by Tho. DnBi-ix, CAXi'. Patent Soil, y° James i, prima pars, facie. VOL. II. 2 B 2 372 PATENT AND CLOSE EOLLS, [1596. 38 shall seem most expedient and convenient, — that the sovereign and Elizabeth, portrieves, and their successors, may be eschaetors and clerks of the market, and have the correction of all weights and measures within the town, and the franchises of same. That the eschaetors and clerks of the market, may have power, jurisdiction, and authority to transact and execute all matters which to their offices belong, within the town and the franchises of same, and none others ; provided that their acts in the premises may be inquired into and corrected before the King, his heirs and successors, in the Chief Place of the kingdom of Ireland, as often as there shall be need, according to justice. That the sovereign, portrieves, and their successors, be coroners, within the town, and the franchises of same, for ever ; and may have power, jurisdiction, and liberty to transact, do, and execute therein all things which to the office of coroner pertain within said town, and the franchises of same, and none other ; provided, that their acts, in the premises, may be inquired into and corrected before the King, his heirs and successors, in the Chief Place of the kingdom of Ireland, as often as there may be necessity, according to justice. That no inhabitant of the town may implead, and be impleaded, in any other place, unless within the borough before the sovereign and portrieves, and their successors, for ever, for any transgressions, contracts, or other personal matters, arising, done, or perpetrated within the borough or the franchises of same. That the sovereign and portrieves, and their successors, by them- selves or their deputies, shall and may be able to collect and receive all and every the customs underwritten, viz. : — for every horse sold within the town, or the franchises of same, 2d. Irish ; for every heifer, 2c?. ; for every goat, \d. ; for every sow, a halfpenny ; for every sheep, a farthing ; for every seame of " taberlari," a farthing ; for every sack of grain, a farthing ; for every skin of leather or hide, of the value of one ox-hide, a farthing ; for every cartebody or plough, xd. ; for every pair of wheels, a farthing ; for all mer- chandize, of the value of 2s., a halfpenny ; for all merchandize, of the value of 5s., \d. ; — and that the sovereign, portrieves, and their successors, may have and receive all other customs and profits of all things sold within the town, and the franchises of same, as the bailiffs of the town of Dundalke, within the kingdom of Ireland, have power to receive and levy within the town, and the franchises of the town of Dundalk — that the sovereign, por- trieves, and their successors, shall render and pay annually, for the customs aforesaid, to the Queen, her heirs and successors, at the receipt of the Exchequer of Ireland, £10 Irish, at the Feasts of Easter and St. Michael, in even portions. Also, that the sovereign, burgesses, and commons, or the greater part of them, with the sovereign and portrieves, may have power, authority, and jurisdiction of constituting, ordaining, and establish- ing such laws, constitutions, and ordinances, among themselves, from time to time, as to them shall seem better and more con- 1596.] CHANCERY, IRELAND. 373 venient, for the utility and profit of their borough, so that those 38 constitutions, and ordinances be not contrary to law ; and, if it Elizabeth. shall seem good or necessary to them, that those laws, or any part of them, may be revoked, mitigated, and annulled at their will and discretion. That it shall not be lawful for any person, who shall come to the market of the town to buy, on the market-day of the town afore- said, any merchandize or victuals, except victuals for the present support of the party buying, unless between the hours of eight in the forenoon, and three in the afternoon, of the day of the market, the buying from any free man of the town always excepted, under pen- alty of the forfeiture of the article, so purchased, to be converted to the use and advantage of the borough, and the repair thereof ; — that no foreign person, or strange merchant, may sell by retail any merchandize, which they bring or carry from parts beyond the sea, within the town, or the franchises of same, without the licence of the sovereign, portrieves, burgesses, and commons. That the sovereign, portrieves, burgesses, and commons of the town may have, within the town and franchises, all and every the waifs and strays which from henceforward may happen or fall, to the maintenance and repair of the borough, for ever. Moreover, that it shall not be lawful for any person, inhabiting within the borough, to use any merchandize, or any art, faculty or occupation, unless he be admitted and acknowledged a free man of the borough, by the sovereign, burgesses, portrieves, and commons of the borough, or their successors, for ever ; although express men- tion, etc. In testimony whereof, etc., witness our aforesaid Deputy- General, at Dublin, the i8th day of July, in the year of our reign the eleventh. Membrane 29. 2 6a. Pardon of Hugh, Earl of Tyrone, his children, brothers, known cousins, followers, tenants, and servants, residing within the county of Tyrone, Henry Hovenden, and Robert his son, Francis Moantfort, John Bath, James Gernon, Robert Benet, Anne Will- more, George Cawell, Edmond Barret, and all other persons residing in the county of Tyrone. — Dublin, May 12. 27. Pardon of Anthony Hanyngton, for the homicide of Roger Bromley, late of London, merchant. — Dublin, Sept. 14. Membrane 30. 28. Pardon of Dermot M'Morris Cavanagh, of Knockangarrowe, Art M'Dermot, his son ; Morgh M'Breene M'Phelim Cavenagh, his servant ; Phelim Roe M'DoneU Cavenagh, of Ballynkringe ; Hugh M'Caier M'Morghe Cavenagh, of Ballinograngall ; DoneU Cavenagh, alias Spaniah (the Spaniard), of ClonmuUen, gent. ; GoUogh M'Ed- niond Cavenagh, Caier M'Donogh Cavenagh, Edmond M'Shane Cavenagh, and Edmond oge M'Tibbot Cavenagh, provided they 374 PATENT AND CLOSE EOLLS, [1596. 38 should personally appear before the Commissioners or Keeper' of Elizabeth, the Peace of the counties of Wexford or Carlow, at the general sessions, within twenty days after the date of their pardon, and give sufficient security to observe the peace, and appear at all sessions of the county of Wexford or Carlow, whensoever required, to satisfy the demands of all her Majestjr's subjects, according to equity and justice. — Dublin, Aug. 12. 29. Grant of the wardship, body, and marriage of Thomas Codd, to John Sinnott : it appearing by inquisition taken at Wexford, the i6th of August, in the 33rd year of her Majesty's reign, that Balthazar Codd, late of Knocktowne, in the county of Wexford, at the time of his decease, was seized in his demesne as of fee of 80 acres of arable land in Knocktowne, worth by the year, 20s., and held of the Crown in capite by military service; and of 120 acres in Cowleleshill, in the same county, worth by the year, over reprises, 10s. 4d.; but of whom held the jurors were ignorant; and that Thomas was son and next heir of said Baltliazar.— ZJjtdfe, Sept. 14. Membrane 31. 30. Livery of seisin of the possessions of Peter Walshe, late of Owney, in the county of Limerick, to Bdmond Walsh : it appear- ing by inquisition taken at Rathkeele, in the county of Limerick, the 23rd of August, in the year 1592, and in the 34th year of her Majesty's reign, that the said Peter was seized in his demesne as of fee of the site and precinct of the late abbey or religious house of Wonye, and of all the castles, messuages, lands, and tenements in Wonye ; Castleneboynage, Killnenenoge, Knockenegurten, alias Knockenguston ; Rathreagb, alias Eathrareg ; Kappernowke, alias Kappemooke, KappicuUen, ipesemolane, Kyshecurke, and Aunagh, and of the rectories, churches, or chapels of Wony, Karkenlishe, BaUynelye, Eiordan, and Charelley, with all the tithes and appurtenances; that Peter Walshe died the 20th June, 1575, seized of the said abbey, which was held of the Crown by knights' service, that is to say, by the twentieth part of a knight's fee as scutage runs, and that Edmond Walsh is his son and next heir. — Dublin, June 17. Membrane 32. 31. Livery of seisin of the possessions of Eobert Ayre, late of the borough of Maryborough, to William Ayre, his son and heir : it appearing by inquisition taken at Maryborough, in the Queen's county, j;he 22 nd of June, in the 29th year of her Majesty's reign, that Eobert Ayre died the 20th of May, 1586, seized in his demesne as of fee of a messuage, with the appurtenances, in the town of Maryborough ; a messuage, 1 5 acres arable, 20 acres pasture, in Eathbrenan and Kyllnensyn ; 10 acres arable, 2 acres pasture, in Beled ; and 20 acres arable and pasture, in Clonkyne, all of which were held of the Castle of Maryborough in capite, by knights' 1S96.] CHANCERY, IRELAND. 3I6- serrice, that is to say, by the twentieth part of a knight's fee as 38 Bcutage runs ; that William Ayre was his son and heir, and aged Elizabeth 20 years and six months in 1586.— DttJZm, June 11. Membrane 33. 32. Livery of seisin of the possessions of Edmond Wale to Thomas, his son and heir : it appearing by inquisition taken at the Castle of Dublin, the i8th of November, in the 38th year of her Majesty's reign, that Edmond Wale, late of Johnstown, in the county of Carlow, died the 20th August, seized in his demesne as of fee of a castle, 4 messuages, 120 acres arable, and 20 acres pasture in Johnstowne, in the county of Carlow ; 3 messuages, 240 acres of arable land, and 20 acres of pasture in Unkell, in the county of Carlow; a castle, 3 messuages, 120 acres of arable land, and 20 acres of pasture, with the appurtenances in Ballykernan ; 4 mes- suages, 80 acres of arable land, and 10 acres of pasture in Arnahue; 3 messuages, 30 acres of arable land, and 10 acres of pasture in Ballylennan and Kyllessan, in the county of Carlow ; that all the premises were held of the manor of Catherlaghe (Carlow), in capite, by knights' service. — Dublin, January 24. Membrane 34. 33. Livery of seisin of the possessions of Peter Poer to William Duffe Poer, his brother and next heir : it appearing by inquisition taken at Maudlen's church, in the county of Waterford, the 13th of April, in the 17th year of her Majesty's reign, that Peter, son of Richard Poer, at the time of his decease, was seized in fee of 240 acres of arable and pasture in Gylkaghe, in the county of Water- ford ; 30 acres of pasture in Tramore ; 120 acres pasture in Smorte and Knockedran, in the county of Waterford, which were held of the Crown in capite by knights' service ; that Peter Poer died the 5th of May, in the 5th "year of her Majesty's reign, and that William Poer, of Tramore, is brother and next heir. — Dublin, May 4. 34. Livery of seisin of the possessions of Thomas Cawne John, of the Geraldines, to Maurice Fitz-Thomas, his son and heir : it appearing by inquisition taken at the Church of the Blessed Virgin Mary, in the city of Limerick, the 24th of January, in the 32nd year of her Majesty's reign, that the said Thomas Cawne John, late of Gortnetubred, in the county of Limerick, on the 17th of August, in the 24th year of her Majesty's reign, was seized in his demesne as of fee of the manor or barony of Clenlishe, in the county of Limerick, that is to say, of the castle, towns, and lands of Gortnetubred j the castle, town, and lands of Kyledie; the castle, town, and lands of Lisnekillye, containing twenty-one quarters or carucates of land ; which said manor or barony and all the premises were held of Gerald, late Earl of Desmond, attainted, by knight's service in capite, and that the said Thomas died so seized at Bur- denston, in the county of Cork, and that Maurice FitzThomas is his son and heir. — Dvhlvn, May 19. 376 PATENT AND CLOSE ROLLS, [1596. ,„, ■', , Membrane 35. Elizabeth. 35. Livery of eeisin of the possessions of Walter Galwye, of Cork, merchant, to John Galwye, his son and heir : it appearing by inquisition taken at Buttevant, in the county of Cork, the 17th of June, in the 27th year of her Majesty's reign, that Walter Galwaye was seized in his demesne as of fee, at the time of his decease, of a ruined castle called Shandon, near Cork, which had been mortgaged to one Davy Oge Barrye, and which he held of the Crown in capite, by knight's service ; that he died the 14th Sep- tember, in the 23rd year of her Majesty's reign, and that John Galwye is his son and heir. — May 11. Membrane 36. 36. Appointment of John Charden to the bishoprick of Down and Connor, in the province of Ulster. — Dublin, May 4. 37. Consecration of John Charden. — Dublin, May 4. 38. Kestitution of the temporalities Dvhlm, May 4. Membrane 37. 39. Presentation of Thomas Coyle to the perpetual vicarage of the parish church of Killellan, in the diocese of Dublin, void " by lapse, devolution, and the incapacity and insufficiency of Henry Davys, a mere layman, not in orders as alleged, and for many other reasons," in the gift of the Crown, pro hac vice. — Dublin, July 20. 40. Presentation of John, Bishop of Down and Connor, to the perpetual vicarage of the parish church of Cayre, in the diocese of Lismore, vacant by the decease of William Londergan, the last vicar, and in the disposition of the Crown, " pleno jure." — Dublin, May 26. 41. Presentation of Nicholas Dobyn to the perpetual rectory of the parish church of Killure, in the diocese of Artifert ; in the gift of the Crown, pleno jure — Dublin, March 9. 42. Presentation of John Albrighte to the rectory of Rathmore, in the diocese of Meath ; in the gift of the Crown, jure devoluto seu quocunque alio mode, de jure vel de facto. — Dublin, Aug. 12. Membrane 38. 43. Appointment of Thomas Loftus, of Kilbeg, in the county of Kildare, to the office of Constable of the Castle of Wicklow ; To hold during good behaviour, with all the fees, advantages and cus- toms which Sir Thomas PitzWilliams, or Richard Fitz Williams, his son, enjoyed in the execution of that office ; notwithstanding the statute of the loth of Henry the Seventh, which enacts that "an Englishman shall be only nominated constable of the castles of Dublin, Trym, Leixlippe, Athlone, Wicklow, Greencastle, Carling- ford, and Carrickfergus." — Dublin, May 19. 1596.] CHANCERY, IRELAND. 377 44. Appointment of Christopher Hewetson to the office of Trea- Elizabeth. surer of the Cathedral of the Holy and Undivided Trinity, Dublin, vacant by the resignation of William Heydon, and in the dispo- sition of the Crown, pleno jure. — Dvbliti, March 13. 45. Appointment of William Miller and Richard Griffin to the office of Searcher and Ganger of the city of Dublin, the ports and franchises, as well by land as water, and of the town and port of Drogheda ; To hold during good behaviour in as ample manner as Edward Manwaring, William James, or Thomas Plunket held that office. — Dublin, March 4. Membrane 39. 46. Pension of sixpence a day for life granted to Gerald O'Fer- roU, in consideration of the wounds which he received in the wars ;n Ireland Dvilin, July 17. 47. Appointment of Henry Gosnall to the office of Attorney- General of the province of Munster ; To hold during pleasure, in as ample manner as Richard Beacon, John Ashefielde, or William Robinson held that office. — Dublin, Oct. 15. 48. Appointment of Henry Jollye to the office of Master-Gunner in Ireland ; To hold during good behaviour, with a salary of is. 8d. a day, that is to say, is. for himself, and 8d. a day for a man to at- tend him. — Dvhlin, Dec. 23. Membrane 40. 49. Appointment of Thomas Keares to the office of Chief En- grosser of the Exchequer ; To hold during good behaviour, with a salary of £10 a year, and such other fees and perquisites as had been received by Ralph Cockrell, Francis Barney, John Gttodall, Michael Kettlewell, or Francis Capstock. — Dvhlin, Aug. 17. 50. Pardon of Robert Bohenie, of Ballyadams, in the Queen's county, who was indicted for having, on the 8th March, in the 34th year of her Majesty's reign, procured and instigated John Boheme, Thomas Maris, and Lucas Wafer, to murder one Richard Stanton, of Moylerston, in the county of Kildare. Boheme, Maris, and Wafer were likewise indicted for having, on the 9th March, at the instiga- tion of Robert Boheme, at Ballybeg, in the county of Kildare, in- flicted several mortal wounds on the said Richard, whereof he lan- guished and died ; whereupon John Boheme pleaded in the Chief Place that he was not guilty of the murder in the indictment sup- posed, but only of homicide, because Stanton, a traytor, took up arms with the rebels in Mayo, and refusing to surrender, on being captured, and taking to flight, was slain — DMin,^ay 22. Membrane 41. 51. Pardon of Lucas Wafer for the niurder of Richard Stanton, in the preceding article mentioned. — Dublin, May 12. 378 PATENT AND CLOSE ROLLS, [1596. 38 52. Grant to William Browne of the castle or fort of Tobberogan, Elizabeth. 60 acres of land in Tobberogan, in the county of Kildare, parcel of the possessions of the late monastery of the Blessed Virgin Mary, near Dublin ; To hold for ever in free and common soccage, and not in capite, or by knight's service. — Rent 38s DiMin, July 24. Membrane 42. 53. Appointment of Thomas Chetham to the office of Keeper of the Records in the tower of the Castle of Dublin, commonly called " Bermingham's Tower ;" To hold by himself or his suflScient deputy during good behaviour, salary £10 a year; and he shall not be re- moved without just cause to be certified to the Council Dublin, Dec. 22. 54. Grant to Richard Hardinge of the rectory or church of Downe Cormock, in the county of Wexford, with the tithes of corn, grain, hay, and all glebe lands, oblations and obventions, parcel of the posses- sions of the late hospital of Saint John of Jerusalem, in Ireland ; the late priory or house of Friars, of Ballinskilly, in the country of Des- mond, and county of Kerry, and all lands, tenements, and posses- sions to the friary belonging ; the parsonage or church of Kill, in the county of Kildare, with all the tithes of corn and grain of the rectory of the parish church, annually collected in form following, viz. : in the town of Kill, within the parish of Kill, by fourteen couples, in the town of Alestie by two couples and seven acres, in the village of Atewell by two couples, and in the village of Artes- towne by three couples and the tithe of five acres, in the village of Ballibroge by the tithes of eight acres ; parcel of the late monastery of Thomascourt ; the rectory or parsonage of Churchetowne, in the county of Meath, and the manse of the said rectory with a garden and seven acres and a half of underwood, late in the occupation of the curate ; the tithes of corn and grain of the rectory which are yearly gathered by seven couples of corn, besides the tithes and alterages assigned to the curates of the parsonage for their stipend, parcel of the possessions of the late monastery of Saint Peter, of the Newtown, near Trim ; the rectory or parsonage of Oughterarde, in the county of Kildare, and the tithes of corn and grain of the rec- tory which are collected annually in the towns of Oughterard and Lyons, by twelve couples of corn, " price every couple, thirteen shil- lings and four pence," parcel of the possessions of the late monastery of Thomascourt ; the preceptory or commandry of Clonnall, in the diocese of Cashel, in the county of Tipperary, with all the lands, meadows, pastures, and other commodities, spiritual and temporal, thereunto belonging, late in the occupation of Edward Geogh, in right of his late wife, the widow of John Ayleward, and parcel of the possessions of the late hospital of Saint John of Jerusalem, in Ire- land ; two tenements in the parish of Saint Patrick, in the suburbs of the city of Waterford, three tenements with a small close in the parish of Saint Michael, in the suburbs of the city, parcel of the pos- sessions of the late abbey of Saint Katherine, near the city ; the iSgfi.] CHANCERY, IRELAND. 379 house of Friars Minors of Kilkre in the country, called Muskrye, in ^ the county of Cork, with the site, circuit, and precinct, a garden, Elizabeth, houses, buildings, and edifices thereto belonging ; a messuage, three cottages, twenty acres arable land, of standard measure, with pasture here not numbered by reason of a great bog and mountain adjoining, called Slewcod, now waste, in the town of BaUymoney, in the county of Dublin, parcel of the possessions of Thomas Eustace, late of Ker- deston, attainted ; certain ruined houses sometimes called the Spittle, alias Saint Bride's Hospital, in the town of Carrickfergus, in the county of Antrim, with a parcel of land adjacent, parcel of the antient possessions of the Queen ; To hold for 30 years. — Rent £53 5p. I i^d. ; and delivering out of the rectory of Kill, twenty pecks of port corn, one half wheat and here malt, the other oat malt, at the rate of 2S. 2d. a peck, amounting to the sum of 40s. ; and out of the rectory and tithes of Oughterard, ten pecks of like port corn after the rate of i6d. Irish the peck, amounting to 13s. 4d., to be yearly delivered at the Feast of the Purification of the Blessed Virgin at Naas, in the county of Kildare. — Dublin, April 20. Membrane 4^. 55. Grant to John Ewstace of the tithes of the rectory and town of Newton, in the county of Meath, which are yearly collected by nine couples : the tithes of Bathnallie collected by one half couple, the tithes of the town of Galtrim, parcel of the rectory of Galtrym, and two parts of the tithes of turf there, parcel of the possessions of the late monastery of Saint Peter's of the Newtown by Trim ; the tithes of the town of Arteslande, in the county of Kildare, for the tithes of twelve acres of corn, and the tithes of the village of Surdewalston collected by four couples of acres of corn, parcel of the rectory or parsonage of Kill ; a moiety of the tithes of the rectory or par- sonage of Lucan and Westpailston, in the county of Kildare, being a moiety of corn of the said parishes, parcel of the possessions of the late monastery of Tliomascourt ; the town of Gibbenston, in the county of Kildare, containing 21 acres arable land of standard mea- sure, parcel of the possessions of the late Viscount Baltinglass, at- tainted ; certain lands in the town of Knockmerke, in the county of Meath, parcel of the possessions of the late monastery of Saint John of Jerusalem (woods, underwoods, and all mines and minerals, advowsons of churches, knights' fees, and wardships exempted); To hold for 21 years. — Rent £25 os. 6d.— Dublin, last of December. In Dorso. Membrane 2. 56. Memorandum of Arland Usher, on the loth May, in the 38th year of the reign of Queen Elizabeth, having appeared before Sir Anthony Sentleger, Master of the RoUs, and prayed that the inden- ture next following might be enrolled, which was accordingly enrolled as follows : — Indenture made between Thomas FitzSymon of Curduff, Anne his wife, John Humfrey of Luske, cousin and heir of Sir James 38o PATENT AND CLOSE ROLLS, [1596. •'^ Humfrey, late vicar of Luske, that is to say, son of Robert, son of " Edward, brother to Sir James, feoffee in trust for John Knight, of Dublin, of the one part, and Rose Harrold, of Curduff, widow, of the other part; whereby the said Thomas Pitzsymons, James Stane- hurst, Anne his wife, and John Umfrey, granted and conveyed to Rose Harrold the farm wherein John Smith, her husband, lately dwelled in Curduff, with the demesne lands, meadows, furze, and pastures appertaining to the farm ; To hold for 36 years. — Rent £1 13s. 4d., Irish, and a herriot custom as often as it should fall due, together with four bookmen to reap one day in harvest, a labourer to work a day in the meadow, and another to weed corn ; to have two acres of fallow, with four yokings of ploughs, one yoking to help to plough the birch, and four watch hens at the Eeast of the Nativity. — April 20, 8° JElkabeth, 1566. Memorandum, that on the 13th of May, in the year aforesaid, John Williams came before Sir Anthony Sentleger, Master of the Rolls, and prayed that the following indenture might be enrolled, which was accordingly ordered : — Indenture between the Right Honourable Gerald, Earl of Kildare, of the one part, and John Fitzgerald, alias Williams, of Thoinaston, in the county of Kildare, of the other part : whereby the Earl granted ami conveyed to the said John Fitzgerald the towns of Pon- seston and Nonnesland, in the county of Kildare, with all the castles, messuages, lands, aud tenements thereto belonging ; To hold for ever. — Oct, i, 16°. Membrane 4. Memorandum of Cormocke M'Carthie, on the 7th May, in the year aforesaid, having come before the Master of the Rolls, and prayed that the decree next following should be enrolled, which was accordingly ordered : — Corraack MacCartie complained in her Majesty's Court of Chan- cery that he was to be impeached by colour of an office (inquisition) taken before the Bishop of Cork, and William Saxey, Chief Justice of the province of Munster, at Cork, the 20th of November, in the 37th year of her Majesty's reign, whereby it was presented that King Edward the Third gave and granted to John Lombard and his heirs, the castle of Guynes, now said to be Cloghroe, together with thirty ploughlands, for keeping and maintaining it, of which, Kil- loher, Dromosmoill, Killigriory, Knockrairbally, Ballinchcannyny, Ballenecawige, Loghan, Cloridy, Killenard, Killegsell, Kilbrashell, Blernagh, Knocknesost, Dromnenemoid, in the possession of the said Cormack, were said to be parcel ; to which office the counsel of Cormack objected divers imperfections and objections of insuffi- ciency : first, for in the title and style of the ofiice which was part of the substance and essential part of the office, it was said that the Bishop of Cork, and Saxey, Chief Justice, did inquire (as by the inquisition appeareth) " by virtue of the writ of the Lady the Queen," whereas no writ ought to have been directed, but to such as were officers, sheriffs, escheators, or coroners, and not to 1596.] CHANCERY, IRELAND. 381 any judge — authority being properly given to judges, not by writ, 3^ but by commission — also the thing annexed to the inquisition not Elizabeth, being a writ but a commission, they took the inquisition without authority, and so, coram non judice ; also if it had been intended as a commission, yet was it but to inquire in crociis et marchiis cancel- larie Domince Uegine, as well liberties as without, for the word "ejusdem"beinga relative, ought to have related to the last antece- dent, and so be limited to inquire in crociis et marchiis cancellarie, within which limits the county of Cork or the land inquired of was not ; and so void ; further, they did not name themselves " Commis- sioners," and they said that the writ was directed to them, whereas the commission shewed it was directed to them " and others ;" and the commission not being returnable, it was objected that the inqui- sition came into ctiurt without warrant, not coming by certiorari or other means ; it was further objected, that the words "pro salvo custod" were not words of condition but rather of consideration, and if they had been words of condition, yet the seisin of King Edward • the Third not being found, or the seisin of Lombard, the patentee, but rather the contrary, for it appeared by the inquisition that the MacCarties were "time out of mind" seized of the castle and lands, which "time out of mind" being no other than time of prescription ; and time of prescription extending before the time of Edward the 6th, it was gathered that they were, at the time of the patent, be- fore and after, seized, and so could not be impeached by the condi- tion, if it had been a condition ; all which being moved by the Coun- sel of Cormack, and a day being given to consider the exceptions, and all parties being called into Chancery at a day prefixed, before Sir Robert Gardner, Chief Justice of the Bench ; Sir Robert Dillon, Chief Justice of the Common Place ; — Sir Robert Napper, Chief Baron of the Exchequer, being called on to assist the Lord Chan- cellor and Court, — and the matter being fully debated, and the argument of all parties heard and considered, it was resolved by the Court that the office (inquisition) was imperfect and insuffi- cient to entitle her Majesty to the lands comprised therein ; and it was therefore ordered by the Lord Chancellor, that the inquisi- tion and commission should be considered void, frustrate, and of no efiect. — Given at her Majesty's Castle of JDvblin, the 2^h May, 1596, and in the ^%th year of her Majesty's reign. Signed, A. Dublin, Cane. Memhrane 5. Pleadings in a suit in Chancery between Moriertagh M'Brien, alias M'Brian O'Gownagh, against James Butler, Lord Baron of Dunboyne : The plaintiff alleged that his father, Tirrelagh M'Brien, was seized in his demesne as of fee of the castle and lands of Pol- lardstown, in the county of Limerick, and on his death the premises descended to complainant, his son and heir, by virtue whereof he was seized in his demesne as of fee until on the 6th of October, 1592, James Butler, Lord Baron of Dunboyne, wrongfully entered, disseized complainant to his damage of £40, and obtained an injunc- 382 PATENT AND CLOSE ROLLS, [1596. 38 tion from Chancery restraining complainant from proceeding in any Klizabeth. other court ; wherefore, as complainant is unable to contend with defendant at common law, in respect of defendant's great calling, ability, and countenance, he humbly prays he shall be compelled to answer his complaint. The defendant appeared and saith : true it is, Tirrelagh, father of complainant, was seized of the lands in his demesne as of fee, and by deed duly perfected, conveyed the castle and lands to one Ken- nedy M'Brien for the use of Ellen ny Cormock, wife of Tirrelagh ; Kennedy being so seized, conveyed the premises to one Brien M'Brien for the use of Ellen, who entered into possession as tenant by the suf- ferance of Brian, and after the death of the latter, she took the profits, and the defendant as her servant, and by her commandment entered into the premises ; which is the wrong and disseisen supposed. — The plaintiff replied : — the defendant rejoined : — issue being joined, witnesses examined, and the matter debated by counsel on both sides, and due regard and consideration being had of the state and proceeding of the cause, it appeared to the court that the complain- ant had no right or title to recover the lands ; wherefore, and for many other manifold causes and considerations, " it is adjudged and decreed by the Lord Chancellor and the Court, that the complainant shall take no avail, advantage, or benefit by his demand or suit, and that the Lord Baron shall be dismissed with the sum of £3 for his costs and damage sustained in this his unjust vexation." — The 8th of May, one thousand five hundred and ninety-six. Ad. Dublin, Cane. Membrane 27. 60. Commission to Sir Johu Nbrreis, President of the Province of Munster, and General of the Forces there ; Sir Geoffry Penton, knight, Principal Secretary of State, to take the submission of O'Neill, Maguire. and M'Hugh Oge. " Whereas, upon the late humble submission of Hugh Earl of Tyrone, O'Donell, Sir Hugh M'Guire, Brien M'Hughe Oge, and others, certified unto us, and by the repo^/; of Sir Robert Gardiner, our Chief Justice, and our princely and benign'opinion thereupon conceived of their loyalty to us and our crowne, we have vouchsafed to receive a particular information of their several submissions, complaints, and petitions, and to let them understand our princely pleasure touching the same, in hope this, our gracious clemency, may work in them unfeigned remorse and detestation of all disloyalty. We, reposing special trust and confidence in your fidelity and wis- dom, as persons of our Privy Council fit to be employed in matters of our gravest affairs, hereby authorize you to repair to the towns of Drogheda or Dondalk, or to such other part of the county of Louth or province of Ulster, or borders of the same, as you shall thiak meet, there to deal, parle, and treat, as well with Hugh Earl of Tyrone as also with O'Donel, by special name, and with all our subjects in Ulster, Connaught, Gavau, the borders thereof or else- where, in any cause or causes for the furtherance of our service ; 1596] CHANCERY, IRELAND. 383 and with them to treat and fully conclude any articles or composi- 38 tion for peace to be made by them, and to promise and assure them Elizabeth, and their followers, in our name, of our gracious pardon, to be granted to them immediately upon the conclusion of peace, according to the tenor of our letters ; and we further authorize you, to the uttermost of your power, to do all other things which may tend to the fur- theranceof our service ; and our Chancellor and Council shall speedily and effectually perform all such promises as you shall make and conclude with the Earl, O'Donell and Maguire for pardon." — Dublin the last of March, 28°. [Exemplified at the request of Sir Geoffry Fenton.] 61. Letter of attorney from Richard Hardinge, of Youghall, in the county of Cork, to John Allen, of the city of Dublin, authoriz- ing him to receive from the Crown a lease, in possession or reversion, of lands, parsonages, and impropriate tithes, of the value of £40 a year, which her Majesty, by letter dated the 14th July signified her intention to grant to Hardinge. — Dec. 19, 38°. Signed, Ri. Hardinge. 62. Sir Robert Dillon, Chief Justice of the Common Pleas, to the Chief Justices of the Bench and Common Pleas of England. "After my hearty commendations unto your good Lordship ; I have heretofore, for special good causes, granted to Robert Pyne, a man already known to your Lordship, the Philazar and Exigente Officer, for the making of writs of supersedeas upon process of outlawry in the Common Pleas ; and Pyne being publicly in court sworn officer ao- coi'dingly, yet notwithstanding, the officers, attorneys, and clerks of the court, having not any gift or grant of the said offices or writs, do impugn my grant made to Pyne, and intrude and interrupt him in the execution of his office, supposing they may make writ of super- sedeas, or other writ incident to the said oflacey after my grant and lawful appointment of a fit officer for the due execution thereof, because they or some of their predecessors have done the like by sufierance, before any officer was appointed or known ; and although I am sufficiently persuaded that the gift of the office and writ is only in me, and that my grant made of the office is good, yet for my further contentment, and for the better satisfying the clerks and officers of the court hereafter, I beseech your good Lordships to vouchsafe with your favour to certify by bearer your opinions and resolutions, that I may take order thereon accordingly ; and for your Lordships' good favour therein I wiU rest most thankful in what I may, thus forbearing any further to trouble you, I betake your good Lordships to the intuition of the Almighty." — From Dublin the Feb. 27, 1596. Your very loving friend, Robert Dillon. To my very good Lords, Sir John Popham and Sir Edmond Anderson, Chief Justices of her Majesty's Bench and Common Pleas in England, — give these. 384 PATENT AND CLOSE ROLLS, [1596. 38 63. Answer of the Lord Chief Justices of the Bench and Common Elizabeth. Pleas. — "After our very hearty commendations ; we received your letter of the 27th of February by the bearer, Robert Pyne; and touching your request concerning our opinion of the granting of the offices of Philacer and Exigenter in Ireland, and the making of writs of supersedeas upon process of outlawry, we have conferred together with the rest of the Judges here, and our opinion is, that if the offices have heretofore been usually granted by the Lord Deputy by letters patent, and enjoyed accordingly, that then the gift of the offices is and ought to be continued ; but if the offices were in the gift of the Chief Justice of the Common Pleas, and were, accordingly, given or granted by them, then our opinion is that the gift of the offices is of right, and ought to be given by the Chief Justice of the court, and not otherwise. But if it do not appear by patent or re- cord that the offices have heretofore been used to be granted by the Lord Deputy, or that the offices have been given or granted by the Chief Justice, or any other; then our opinion is that the gift of the office belongs to the Chief Justice of the court, to be given to whom he thinks good, and your grant made to Pyne is good in law, and he may execute and enjoy the office in as ample manner as any Philacer here in England ; and also may and ought, as well as the Prothonotary, make writs of supersedeas upon process of out- lawry, for so we understand the course to be here in England, and the like course ought to be holden there in Ireland, for the first orders and true use of the government of Ireland were drawn and took their beginning from the government and orders used here in England, which, in our opinion, ought still to be observed and con- tinued, and for the better observation and right use of the offices in Ireland hereafter, and for the more plain manifestation of the usual practice, we have caused Pyne to take notes from some of the Philacers and Exigenters here, which he hath, under their hands, ready to be shewn to you, that the like orders, course, and practice which are now used here in England, are and ought to be in all things used in Ireland, with like process, bails, appearances, declara- tions, answers, and entries to be made by the Philacer and Exi- genter in Ireland as here now is used in England ; which, our opinion, we have thought good to signify unto you, and even so we bid you heartily farewell." — From Sergeants' Inn, in Fleet-street, this 6th of May, 1597. Your very loving friends, Jo. Popham. Edmond Anderson. To the Right Worshipful our very loving friend. Sir Robert Dillon, knight. Chief Justice of her Majesty's Court of Common Pleas, — give these. I397.J CHANCERY, IRELAND. 385 64. Extracts and notes sent from England, touching the office of 38 Philacer in Ireland. Elizabeth. " Whereas it is the pleasing of Sir John Popham, Lord Chief Justice of her Majesty's Bench here in England, Sir Bdmond Anderson, knight. Lord Chief Justice of her Majesty's Court of Common Pleas, at Westminster, and the rest of the judges here, that for the hotter ohservation and right use of the Philacer's office hereafter in Ireland, and for the plainer manifestation of the usual practice and due execution thereof, a true certificate should be made by one or more of us, Philaoers here in England, of the practice, exercise and ' execution of our offices here, whereby the like practice of the office should be observed in Ireland. We, there- fore, the Philacers and officers here in England, do certify for the truth, that we lawfully make aU manner of process before appear- ance which have or shall issue out of the Common Pleas, upon all manner of actions, personal or mixt, save only the making of exi- gents, proclamations, exigents de novo and allocats, viz., capias, alias, and plures, all manner of pones, distringas, habeas corpus, and corpora, upon cepes returned by the sheriff, duces tecum, and non omittas ; second deliverance, returna habend' et withernam, alias et plures, with their entries, and other writs now incident and belonging to our office, which are and ought to be only made by us, the Phila- cers here in England. We also take the defendant's appearance and bail in our office upon the return of the process; we make all declara- tions, answers, and general issues, viz., non est factum per minas, dures of imprisonment, deins age, riens per discent, releases and acquittances, conditions performed, plene administravit, ne unque execut', vel administrat', et non cul', ad novam assignationem sur franque tenement', son assaulte demeane, non cul' in trans, and all actions of the case, general issues and such like, and enter them upon record as appertaineth ; we deliver copies of them accordingly, and make the venire upon all such actions whereupon issue shall be joined and entered of repord j we also make all manner of process before appearance in all manner of real actions which issue out of the Common Pleas, and make pet' cap' after appearance ; we make ' grand capes,' writs of view, and writs upon the same, and keep in our offices certain remembrances in which we take the effect of every original writ, and all other writs used in the office, whereby the process may be more duly entered and continued of record, and her Majesty's loving subjects more able to see and learn, when, where, how, and for what cause they are sued, whereby they may have convenient time either to agree with the plaintiff or to answer the action by due course of law : upon which remembrances we also take appearances and bails for the defendant." — April 4, 1597- Signed by the Filacers, Portescne. Anthony MiUington. Jo. Farewell. VOL. II. 2 , 3»6 PATENT AND CLOSE ROLLS, [1597. 38 65. Abstracts and notes sent out of England, touching the execu- Elizabeth. tiou of the office of Exigenter in Ireland : " We, the exigenters here in England, make all manner of ■writs, de exig' fac', upon process of outlawry in all aad every personal action and actions, all writs of proclamations, exigent' ' de novo et allocat,' upon the like process and actions, writs of exp'. cap', after judgment, entries, and continuances of the process, writs of super- sedeas upon exigent and process of outlawry ; we also keep in our offices certain remembrances, in which we take out briefly such writs as we make in our offices, whereby the process may be duly entered and continued of record, and her Majesty's subjects better able to see and learn, when, where, how, and for what cause they are sued, whereby they may have convenient time either to agree with the plaintiff, or else to put in "supers" to save themselves from being outlawed, and to answer by due course of law. — May 4, 1597. Signed, Anthony MiUington ; Thomas Greene, Deputy to Nicholas Rotherham ; Philip Morgan, Secondary to William Drewe, Exigent of London, in his Membrane 29, 66. Grant of English liberty to Dermot M'Car, of Doiihall, in the county of Cork, enabHiig him to use the English laws, and acquire lands and possessions. — Dublin, Sept. z, 6°. 67. The Queen to the Lord Deputy, to the Lord Obancellor, and to the Treasurer and Barons of the Exchequer, touching the countries of Leix and Ophaley : " Whereas in a Parliament, held at Dublin, the ist of June, in the 3rd and 4th years of the reign of Philip and Mary, before Sir Thomas Eadcliffe, as by the parliament roU appears, it was ordained and enacted, that the King and Queen, during the life of the Queen, her heirs and successors, should have, for ever, the countries of Leixe, Slewmarg, Irrye, Glinmaliry, and Ophaley; and it was thereby enacted that a commission should be made by the Chancellor to cer- tain of the Council and others, for dividing the bounds and limits of the several counties or shires from other counties adjoining, and the possessions of the counties or shires of the King's county and Queen's county, into several baronies or hundreds, as also the town and place where the prison or gaol should be held ; and what order and ap- pointment should be taken by the Commissioners in that behalf, and returned into Chancery, was, by authority of that Parliament, ratified and confirmed for ever. " We let you wit, that we have been credibly informed by our cousin, the Earl of Sussex, that before assent was given by the Lords and Commons of the Parliament to the bill, humble request was made by the Lords and CommoiiSi that the right and title which 159?.] CHANCERY, IRELAND. 387 Sir Maurice PitzGerald, of the Lackagh, and other English subjects 38 of the county of Kildare, possessed in those countries, and which Elizabeth, they had in quiet seisin descended from their ancestors, might be saved and confirmed to them ; unto which request, as standing with reason, justice, and good conscience, our cousin, on behalf of the King and Queen, and on their honors, granted and conceded ; but as the same could not be made parcel of the bill of Parliament without a new certificate into England, which delay might have been cause of great hindrance to the late King and Queen, and their successors, our cousin, desirous to use the present time for the most benefit of the King and Queen, and, so far as then might be, save the right and title of Sir Morice, and the other English subjects, signed to several of them present, several bills for their provision and saving, undertaking that they should have, at the hands of the late King and Queen, the full benefit thereof, and thereupon the bill bad the full assent in that case requisite ; since which time we have been given to understand by the information of GeofTry Fay, of Bally- more, and lately by Meyler, his son and heir, that Commissioners were appointed to set out in certainty the meres and bounds of the countries, by which commission, certain parcels of the inheritance of the Fays, which descended unto them, had been in their quiet possession at the time of the passing of the Act, long after, and beyond man's memory possessed by them and their ancestors, and continually before that Act reputed and taken to be within the county of Kildare, are pretended to fall within the antient limits of the country of Offaley, and to be, by the tenor of that Act, our inheritance, and so in our real and actual possession ; and thereupon letters patent have been made to Redmond Oge FitzGerald, of an estate of inheritance in the same lands, contrary to what was then undertaken by our cousin ; by reason whereof the said Geoflfry, in his lifetime, and Meyler Fay, now after his decease, remains disin- herited, without our gracious help and remedy ; and we, not desirous that the said Meyler should be vexed or disquieted, contrary to the undertaking of our cousin, and the true intent and meaning of the Act, but that he should enjoy the full benefit and advantage of all that was saved or provided for him by our cousin, command you, our Deputy, to take order, that the said Meyler, his heirs and assigns, may have and peaceably hold all his lands and tenements, discharged of all impositions, charges, and incumbrances, in as ample manner and form as his grandfather had, before the passing of the Act of Parliament, and that you shall pass unto him all such writs and mandates as shall be necessary for the maintenance of bis quiet possession, and use all good ways and means to recall the letters patent made of any of Fay's lands to the FitzGerald or others." — Oatlands, Sept. 4, 1587, 29°. To our right trusty Sir John Perot, Lord Deputy, or to any other Deputy or head Governor ; to the Lord Archbishop of Dublin our Chancellor or Keeper of the Great Seal, and to the Treasurer' Barons, and other Ministers of the Exchequer, 37) 38 within the borough, commonly called Garrinchea ; — ^two gardens Elizabeth, within the borough extending to the walls of the monastery of Hackets on the north, and the lands of the aforesaid James on the south, as far as High Eathe on the east, and the lands of the monastery of Holy Cross on the west ; — the lands of Asmon, other- wise Boiton Rath, in the liberty of the county of Tipperary, with all the appurtenances, of which messuages, two are in the high street of the town, the head of one extending to the high street from the south, and the other to Wicket's gate on the north, in breadth between the lands of the monastery De Rupe on the east, as far as "Wicket's street on the west; — five other messuages situate in the street of the Friars Minors of the town, in length extending to the said street on the west, and to the walls of the town on the east, in breadth between the lands of Robert Sail on the north, as far as the river Madock on the south ; another messuage in the same street, in length extending to the street on the east, as fe.r as the lands of Philip Wale on the west, in breadth between the lands of Dermot Slattery on the south, and the lands of the monastery of Holy Cross on the north ; — Chaizey, otherwise Garrinchea, lying in length from the river, on the south to the walls of the town, on the north, in breadth between the walls on the west, and the lands of Sail on the east ; To hold in trust for the use of the said James Boiton during his life, remainder to David Boiton, remainder to Edmond Boiton, remainder to Richard Boiton, remainder to Patrick Boiton, remainder to the right heirs of the said James ; To be held for ever of the chief lord of the fee by the service thereout due and accustomed. — Gashell, Aug. 20, 3° Henry 7. Exemplified at the request of William Yonge, Burgess of Cashell. Membrane 5. 16. Licence to the Dean, Chapter, and Vicars of Saint Canice, Kilkenny, to acquire lands, tenements, or rents, as well in demesne and fee as in reversion, within the county and town of Kilkenny and elsewhere wheresoever, of the value of £60 a-year; — that they may unite and annex those lands and tenements to their prebends, vicar- ages, and chapels, and so appropriated, they may have and hold for ever in pure alms ; and her Majesty confirms their title and possession in 40 acres of meadow and pasture in the Robert's hill, within the borough of Ireston (Irishtown) near Kilkenny; 400 acres arable, meadow and pasture in Ballybrenan, near Cromoke, in the county of Kilkenny, and seven messuages within the town and borough of Kilkenny, which they may hold in glebe, free from all subsidies, oppressions, coyne, livery, or common assistance ; with liberty to the Bishop, or his Vicar-General or keeper of the spiri- tualities, to pronounce ecclesiastical censures and interdicts against all rebels or delinquents. — Dvhlin, June 20, 11° Edward ( ). Exemplified at the request of David Clere, Dean of the Cathedral of Saint Camce, Kilkenny, by order of the Court of Chancery. 1594-6.] CHANCERY, IRELAND. 393 Membrane 6. 3^. 37) 38 17. Conveyance whereby Donat O'Callaghan, otherwise Donat Teig O'Oallaghan, of Dromynyne, chief of his sept, gave and granted to Calvat O'Oallaghan, otherwise Callaghane M'Oonogher O'Callagh- ane, the manor of Dromynyne, with all its rights, members, and ap- purtenances — that is to say, the castle and lances of Clonemyne, Ballyhuyne, Dromore, Turcomerchie, Gortnecrossy, Gortemore, Gortnewolyne, Gorteroe, Mantyre, Killihaskane, Rathhownan, Palice, and the entire country and lordship of O'Oallaghan, in the county of Cork ; To hold to the said Callaghane M'Conogher O'Cal- laghane for life, remainder to Donat for life, remainder to the heirs male of Callaghane, remainder to the heirs male of Donat. remainder to the right heirs of Donat, for ever ; To be held of the chief lord of the fee by the service thereout due and accustomed. — Clonenyne, Sept. 22, iS74, 17° Elizabeth. Membrane 7. 18. Memorandum of Anthony White, on the 22nd January, in the 37th year of the reign of Queen Elizabeth, having appeared in Court, and producing the following letter of the Queen, prayed that it might be enrolled, at whose request it was enrolled accord- ingly:— 19. The Queen to the Lord Deputy and the Lord Chancellor, about the customs of wine. " Right trusty and well beloved, we greet you well : whereas by our letters, written in the 26th year of our reign, to the Archbishop of Dublin and Sir Henry Wallop, then our justice, we declared our pleasure, that our servant Henry Broncar should have in farm, for three years, from Michaelmas, the customs, subsidies, and impost of all kind of wines, that during these three years should be brought into that realm, paying a yearly rent of £2,000 sterling, according to which a grant was passed to him under the Great Seal ; we let you wit, that although it appears by due certificate, under the hands of Sir Henry Wallop, that even the best year, wherein most quantity of wines was brought into that realm, during the three years, and seven years since, hath not yielded any thing near to £2,000, and much less also . every of the other years following, so as our servant hath not reaped the benefit we meant him ; yet nevertheless he having made unto us a new ofiFer to pay us £2,000 sterling by the year, for the same ' customs, subsidies, and imposts, we are pleased and hereby will and command you to make unto our said servant, and his assigns, a grant for twelve years, to begin from the Feast of Michaelmas, of the said customs, subsidies, and imposts, yearly growing unto us for such quantity of all kind of wines as from time to time, during the same years, shall be yearly brought into any port, haven, or creek, of our realm ; foreseeing that ye take of him, and his assigns, sufficient bonds with sureties for the due payment and answering to us our heirs and successors, the rent of £2,000 for the same. 394 PATENT AND CLOSE BOLLS, [1594-6. 36> 37) 3^ and for the performance of such covenants as usually are to be in- Elizabeth. serted in our demise, with this further caution to be contained ~ therein, that our said servant, and his assigns, shall suffer one of our officers in every port or place where wines are usually brought and unladen, or like to be, to keep a hook of entries with him or his deputy, of every several quantity of wine so brought in at one or sundry times, with a clause also that we may revoke this demise at any time during the aforesaid yeares, when we shall think convenient ; with this proviso also, that if any breach or stay of the intercourse between our realms of England and Ireland, or the countries of the French king and of the king of Spayne, do happen, at any time, during the above said yeares, whereby the trade of bringing in of wines to our realm should be impeached, so as less quantity be brought in ; in that case the said Henry Bromcar, and his assigns, shall be accountable unto us, our heirs and successors, only upon his and their oath, and so to be charged to answer us ; this our demise or lease being made in due form of law, for the better assurance of our servant and his assigns, we will you to cause to be passed and delivered under our Great Seal." — Greenwich, Aug. 10, 36°. To our right trusty and well-beloved Sir William Russell, Knight, Deputy of Ireland, and to any other Deputy that hereafter shall be, and to our Chancellor that now is, or hereafter shall be, or Keeper of our Great Seal. 20. Memorandum of Sir Robert Dillon, on the 8th March, having appeared in Court, and producing the following letter of the Queen, prayed that it might be enrolled, at whose request it is enrolled ac- cordingly : — Elizabeth R. 21. The Queen to the Lord Deputy and the Lord Chancellor. " Right trusty and well beloved, we greet you well : whereas by the death of Sir William Weston, the place of our Chief Justice of our Common Pleas in Ireland, is now voyde, which hath been here- tofore exercised by Sir Robert DiUon, with good proof yielded of his sufficiency for the same, yet he was of late years, upon some sug- gestions, removed from the execution thereof, and so hath remained for some years past ; in which meane tyme we have perceived by further inquisition, that those suggestions were untrue, and con- trived against him of malice, and therein do rest satisfied ; and •■ have also understood that, as well in the place of a Counsellor there, as also of a Commissioner, in the northern circuit of that realm, where- unto he hath been admitted since he was received to our favour, he hath made so good declaration of his sufficiency in the knowledge of the laws of that realm, as doth deserve our princely considera- tion ; we are, therefore, pleased, as well for the opinion we have of his ability to do us service, as for a testimony of the satisfaction we havei received concerning his loyalty, to restore him to the place of Chief Justice of our Common Pleas there, which sometime he held; 1S94-6.3 CHANCERY, IRELAND. 395 and we, therefore, require you, upon receipt of these letters, and by 36*37, 38 virtue thereof, to cause such writs and letters patent, out of Chan- Elizabeth. eery, to be directed to him for the exercise of that place, as hereto- fore hath been accustomed, with all fees, pensions, and profits thereto belonging, in as ample manner as Sir William Weston, or any other Chief Justice of the Common Pleas, held that office." — Fel. 4, 1594, 37°. To our right trusty and well-belored Sir William Russell, Deputy of our realm of Ireland, and to any other Deputy or Head Governor for the time being. Membrane 8, 22. The Lords of the Council in England to the Lord Deputy and Council of Ireland. "After our very hartie comendations to your Lordship and the rest : whereas we signified by our former letters, written to Sir William Pitz Williams, late Deputy, her Majesty's pleasure, that Sir William Weston, Sir Robert Napper, and Sir Anthony Sentleger, should have, in farm of her Majesty, lands, within the pale, of the value of £100 per annum, for their better maintenance during the time they should remain in their several offices ; forasmuch as we are credibly informed that1;hey, not finding within the pale any lands of her Majesty out of lease, have had no means to use the benefit of her gracious disposition towards them; but having now of late, by especial endeavour and industry, put in charge certain lands concealed from her Majesty found by office, and increased by survey to the yearly value of £100, part thereof called termon lands, alias hospital lands, within the countie of Cavan, " is granted, as we are informed, under the Exchequer seal in custodiam, and the rest to be granted in like manner to the uses of the gentle- men, rendering the yearly value of £100 sterling to her Majesty, whereof before no profit came unto her, as she is informed ; we have, therefore, thought good to let you understand that we very well • like of their endeavour herein, tending to the furtherance of her Majesty's service, by the increase of her revenue, and performing of her good meaning towards themselves, though by our former letters, this hundreth pound land in farm was specially notified and intended to be taken in the English pale, as the most quiet and fruitful pale of that realm, and meant to their best advantage and benefit ; and therefore do hereby require and pray your Lordship, immediately upon survey taken of the same lands, to pass the same unto them under patent, at the yearly value of £100, to enjoy during their abode in that realm, as was meant by our former letters, and that a caveate be put in by you, that these lands be not hereafter passed in, any concealment or otherwise, without our privity ; and if any part thereof be evicted, or the office falsified upon good title, they may make choice and have so much more in lieu thereof, of any other her Majesty's lands out of lease within the realm ; and so we 396 PATENT AND CLOSE ROLLS, [1594-6. 361 37i 38 bid your Lordship and the rest very heartily farewelL From the Elizabeth. Court at Greenwich, the 13th of August, 1594." Your very loving friends, Jo. Puckeringe. Bo. Essex. Jo. Eortescue. T. Buokhurst. Jo. Wolley. H. Hunsdon. H. Burghley. Cha. Howard. Cobham. T. Heneage. To our very good Lord, Sir William Russell, Knt., Lord Deputy, and to our very loving friends the rest of the Council. 23. Memorandum of Sir Anthony Sentleger, on the 14th of March, in the 37 th year of the reign of Elizabeth, having appeared in Court, and producing the preceding letter, prayed that it might be en- rolled. Elizabeth R. By the Queen. 24. The Queen to the Lord Deputy. "Right trustie and well beloved, we greet you well : whereas we perceive that you have bestowed upon this gentleman, Sir Edward Torke, knight, the Sen- eschalshippe of Claneboy, with the keeping and commanding of Knockfergus, albeit we cannot therein mistake of your good consid- eration to advance him, who hath so well deserved by his often valiant and good service, testified both in that realm and divers other places, by his sondrie wounds, hurtes, and losses received in our service, yet forasmuch as for certain special reasons we are pleased to use his service there, nearer about you, than in such remote parts, so as he may be at all times the readier to be employed by you in a place of good charge, in respect of his experience and judgment; we are, therefore, determined, and hereby signify our pleasure unto you, that in lieu of the seneschalship and keeping of Knock- fergus, he shall not only kepe his band of five-and-twentie horse which he hath at present, but also that ye shall bestow upon liini the charge of one hundred men of the next foot companies, that either shall be sent thither out of this realm, or that shall first fall voide there, and a place also of some other good ofiice in the field, as occasion of service may thereunto be ministered ; requiring you moreover to increase such further consideration towards him, as thereby he may be more enabled to serve us, and taste the comfort of our gracious favour and good opinion of his worthiness and well deserving, which we assure ourself he will most faithfully continue." — Greenwich, Feb. 6, 1594, 37°. To our right trusty and well beloved Sir William Russell, Lord Deputy, and to any other Deputy or Head Governor, &c. 25. Memorandum of Sir Henry Yorke, on the 4th of March, in the 2 7th year of the reign, having appeared in Court, and producing the preceding letter, prayed that it might be enrolled, at whose request it is enrolled accordingly. 1594-6.] CHANCERY, IRELAND. 397 26. The Lords of the Council of England to the Lord Deputy and Council of teland. " After our verie hartie comendations to your good Lordships : whereas by our letters formerly written to the late Deputy and the Council, her Majesty's pleasure is that Sir William Weston, Sir Robert Napper, and Sir Anthony St. Leger, for their better help and provision in housekeeping, should be preferred to have so much of her Highness' lands within the pale, for their more conveniency and ease, as were or should be out of lease, and were letten at a hundred pounds sterling, per annum, paying the accustomed rent ; to hold and enjoy the same during the time of their continuance in their several offices of Chief Justice of the Common Pleas, Chief Baron, and Master of the Rolls ; and where we are of late informed, by letter from the Chief Baron and the Master of the RoUs, that they have not hitherto had the benefit thereof, by reason that at their first coming thither they could not find any lands in the pale out of lease, and now of late having found some small parcels, scruple was made to pass the same to them, the warrant of our former letters being addressed only to Sir William Pitz Williams, then Lord Deputy, and not to the Deputy for the time being ; we have, therefore, thought good to let your Lordship and the rest understand, that in so much as her Majesty's gracious disposition herein tended to their ad- vantage and benefit, we think it reasonable, and accordingly do require you, to pass unto the Chief Baron and Master of the Rolls so much lands, either within the pale or elsewhere soever in that realm, at their choice, of the yearly value of a hundred pounds, as by their industry and charges shall be found out to be unjustly concealed or wrongfully detained from her Majestie, at the usual value as the same shall be found by office or survey, and also of such lands as they have already found, or hereafter shall find, to be out of lease in her Majesty's possession in any part of that realme, at the rent the same were last demised (except it shall appear that the same have been undervalued from their first surveys), so that the whole exceed not the value of £100 sterling by the year; To have and to hold the same only during the continuance of them in those offices, as was expressed in our first letter. And where by their letter they make suit that some consideration be had of them out of casualties of that realme, towards their yearly charges of house rent, being disappointed of the houses by our letters intended for them, we doe not yet find that by their travell or endeavours the casualties are increased more than they were before their coming thither, whereby her Majesty might be moved with more reason to yield thereunto. " And where by our former letters it was signified that, for their better countenance and support of charges, each of them should be allowed three footmen and three horsemen, out of such bands as the Lord Deputy should think they might be best spared, which they promised to see readily furnished at all times to be employed in her Majesty's service, at direction of the Lord 36, 37i 38 Elizabeth. 398 PATENT AND CLOSE ROLLS, [iS94-6. 36. 37> 38 Deputy, we think it requisite you require to see them accordingly Blizateth. furnished and put in readiness, and mustered by the Olerk of the Cheque, as other soldiers ought to be, and employed as occasion may be offered ; and so we bid your good Lordship right hartely well to fare. From the Court at St. James's, the 26th February, iS9'4." Tour very loving friends, Jo. Puckeringe. 0. Howard. T. Buckhurst. W. Burghley. H. Hunsdon. Ro. CecilL Essex. W. Cobham. Jo. Wolly. To our very good lord. Sir William Russell, Lord Deputy of our realm of Ireland, and to our loving friends the rest of the Council. 27. Memorandum of Sir Anthony Sentleger, on the 3rd of April, in the 37th year of the reign, having appeared in court, and pro- ducing the preceding letter, prayed that it might be enrolled, at whose request it is enrolled accordingly. Elizabeth R, 28. The Queen to the Lord Deputy. " Right trusty and well- beloved, we greet you well. Upon humble suit made unto us on the behalf of our loving subject, Edward FitzGarralde, gentleman, we are pleased, in respect of his good and acceptable service done unto as, and for certain other good causes and considerations us hereunto specially moving, to grant unto him and his assigns, a lease in reversion or possession of so much of our manors, lands, tenements, parsonages, impropriate tithes, or other our heredita- ments, either spiritual or temporal, within our realm of Ireland, as shall amount to the clear yearly value of £40 sterling, or there- abouts, for and during the term of 31 years, without fine, to his own use ; reserving unto us, our heirs, and successors, the yearly rent now answered for the same, and with clauses and covenants usual and accustomed j provided always that the same lease be not made of any of our manors, lands, or tenements, belonging to any of our houses held in ward or in the occupation of any of our ' ordinary servitors there ; wherefore our will and pleasure is, that when Edward FitzGarralde, or any other for him, shall bring unto you any note or notes of such of our manors, lands, or tenements, as are aforementioned, of the yearly value aforesaid, ye give him means to have the just particulars thereof at the hands of our auditors there, and to take such further order therein, as he may have a lease or leases of the same passed from us, our heirs, and successors, unto him and his assigns, in due form of law, for the term of years before mentioned, under the Great SeaJ of that oiif realm, with expedition convenient." — Greenwich, Dec. 12, 1594, 37°. To our right trusty and well-beloved Sir William Russell, Deputy of Ireland^ aud the Lord Chancellor or Lord Keeper, &c. 1594-6.] OHANGBRY, lEBLAND. 399 29. Memorandum of John OuUen, on the 17th June, having 36)37,38 appeared in Court, and producing the preceding letter, prayed that Elizabeth, it might be enrolled, at whose request it is enrolled accordingly. —^— Membrane 10. Elizabeth Regina. By the Queen. .30, The Queen to the Lord Deputy and the Lord Chancellor. " Bight trusty and well-beloved, we greet you well : letting you wit, that in consideration of divers losses and hinderances which our well-beloved subject, Richard Hardinge, of that our realme of Ireland, gentleman, hath sustained in our service, we are pleased to grant unto him and his assigns a lease in reversion or possession of so much of our manors, lands, tenements, par- sonages, or tithes, either spiritual or temporal, in Ireland, as shall amount to the clear yearly value of £40 sterling, for the term of 30 years, without fine, to his own use ; reserving to us, our heirs, and successors, the yearly rent now answered for the same, and with clauses and covenants usual and accustomed j provided that the lease be not made of any of our lands belonging to any house held in ward or in the occupation of any of our servitors j wherefore our will and pleasure is, that when he shall bring you a note or notes of any lands or tenements as aforementioned, and of the yearly value aforesaid, ye give him means to have the just particulars thereof at the hands of our auditor, and to take such order therein as he may have a lease or leases of the same passed from us, our heirs, and successors, unto him and his assigns, in due form of law, for the term before-mentioned, under our Great Seal, with expedition con- venient."' — Greenwich, May 14, 37°. To our right trusty and well-beloved Sir William Russell, Deputy of IrjBland, and the Lord Chancellor or Lord Keeper, &c. 31. Memorandum of John Allen, on the 3rd of July, having ap- peared in Court, and producing the preceding letter, prayed that it might be enrolled, at whose request it is enrolled accordingly. 32. Mr. Secretary Burghley to the Commissioners authorized by her Majesty for disposing of the attainted lands in the province of Munster. "After my hartye commendations: whereas, together with her Majesty's commission under the Great Seal of England, dated the i6th November last, whereby you were authorized to make warrants for the passing of the attainted lands in Munster, certain articles or instructions were annexed to the same commission for your better direction therein, amongst which, one article in the end of those instructions was, that if any persons that be under- takers, and have had any of their lands passed to them, should have any part of those lands evicted or recovered from them, her Majesty liked that they might be preferred to the increase of their portions so diminished, with land of like condition ; now, for as much as her 400 PATENT AND CLOSE EOLLS, [i 594-6- 361 37>38 Majesty considers what inconveniency may grow unto her by the Elizabeth, same article, if special regard be not had by you, that no bad prac- tice be used by the Irishrie to any undertaker who may compound underhand with such men as pretend to have title to any such lands, and thereby have recompense for the same as though it had passed by true and due trial ; her Majesty, therefore, hath willed me, in her name, to command you to have very great regard that before any such recompense be made, you fully inform yourself that no such or other bad practice or device hath been used to the abuse of her Majesty, which if you shall discover in any, they rather de- serve sharply to be punished for example of others, than such recompense ; and so, not doubting that yon will have that care and regard to this, her Majesty's commandment, I bid you hartely fare- well. From my house in the Stronde, this 5th of February, 1594." Tour very loving friende, W. Burghley. To my very loving friends the Commissioners authorized by her Majesty for disposing of the attainted lands in the province of Munster, Membrane 11. Kenewal of the Composition. Elizabeth R. By the Queen. 33. The Queen to the Lord Deputy. "Right trusty and well beloved, we greet you well : where we understand that the com- position in the five counties of Mounster, for certain yearly sums of money, assented to be paid to us by the possessioners of the country for the space of three years in lieu and discharge of former cesses, and having been paid these three years past, is now deter- mined and expired ; we, minding to have the same renewed, do send presently a commission under our Great Seal to sundry persons of our Council there to renew the same composition, with some en- largement in places where they shall find just cause to require the same, which commission you may peruse and deliver to such of our Council as be there with you, and are named in the commission, requiring them to have regard to the speedy proceeding in the exe- cution thereof; and because some of the Commissioners therein named may be thought necessary to remain there at Dublin, by some special order from you for our service, we leave it to your consideration, upon conference with all that shall be there with you, whom you may spare to be used in this service in Mounster, which we think will require some longer time than it shall be convenient to have divers of them absent from the English pale, and yet the Vice-President and Justice of Mounster, with some assistance and advice from thence may perform this service in convenient time ; we require you also to give notice to the Commissioners, that though the first composition was made with the five counties only in Mounster, and the county of Tipperary, then omitted, but after- 1594-6.] CHANCERY, IRELAND. 401 wards taxed, the Commissioners shall do very well, not only to 361 37i38 renew the composition and tax for Tipperary, but to enlarge it as Elizabeth. in reason it may be, considering the quietness which that county hath enjoyed for many late years, contrary to former custom ; we require you also to command the Commissioners, who are authorized for the granting of the lands escheated in Munster, and the ordering of the undertakers, to see the aforesaid commission executed accord- ing to sundry instructions, sent in company with the former commis- sion, whereof we have heard nothing since sending the said commis- sion into Ireland." — Greenwich, June 12, 1595, 37°. To our right trusty and well-beloved Sir William Russell, Lord Deputy, &c. 34. Memorandum of Sir Anthony Sentleger, Master of the Rolls, on tlie 30th day of July, in the year aforesaid, having produced the preceding commission in Court, and ordered it to be enrolled. Elizabeth R. 35. The Queen to the Lord Deputy and the Lord Chancellor. " Right trusty and well-beloved, we greet you well : where by the letters of you the Deputy, and others, of the Council there, to some of our Council here, we are informed that William Lawlie, Archbishop of Tuam, in the province of Connaught, is lately deceased; and for his place you have recommended one Nehemia Donellaine, born in that province, and brought up long, a student in divinity in our University of Cambridge, wherein, as you write, he hath spent his time so well, that he is very well able to instruct the people of that our realm in their mother tongue, and a very meet instrument to •retain and instruct thera in duty and religion : for as much as we further understand, that for his fitness he was, by our Deputy and Council, formerly appointed coadjutor to the late Archbishop, as also had resignation of it, for that the same William was very aged, and Donellaine hath taken great pains, in translating and putting to press the Common Book and New Testament in the Irish language, a thing which we do very well like of, and therefore do think it meet the archbishoprick were bestowed on him ; we do therefore will and require you, our Deputy, to cause the warrants and process, or other expeditions, to be made in our name for the admittance and instalment of Donnellane into the archbishoprick, with the united bishopricks of Mayo and Anaghcowne, in as ample manner as the late Archbishop had or enjoyed the same, and as in such case is accustomed ; and because the value thereof is so small, as it seemeth, that it cannot maintain him as were requisite, we are con- tented that he be tolerated to enjoy, by way of commendam, such other small livings within the realm as he hath." — Greemeich, May 24, 37° 1595. To our right trusty and well-beloved Sir William Russell, our Deputy, and the Lord Archbishop of Dublin, &c. VOL. II. 2 D 402 PATENT AND CLOSE BOLLS, [1594-6. 361 37. 38 Elizabeth. Membrane 12. Elizabeth Begina. 36. The Queen to the Lord Deputy and the Lord Chancellor. " Bight trusty and -well beloved, we greet you well ; whereas by the letters of you, our Deputy, and the Council there, it ap- peareth that the archbishoprick and primacy of Armagh, in the province of Ulster, is lately fallen void by the death of Mr. Garvey, an antient counsellor there, the supply of which place reqnireth in these troublesome times not to be delayed, and that you have recom- mended unto us for that place, one Mr. Henry Usher, Archdeacon of Dublin, a man, as you write, of good years, wise, well learned, and of sincere life ; upon this your commendation we are contented to allow the Archdeacon to be elected and consecrated to the arch- bishoprick ; and therefore do, by warrant hereof, authorize you and our Chancellor to make out such writs and warrants, as shall be requisite, for the election and consecration of the Archdeacon into the see and primacy of Armagh, and to do all other things requisite for the establishing of him in the archbishoprick, and thereby procure the instruction of our people to the better service of Almighty God, obedience to us, and the quietness of our realm ; and because the value thereof is so small, as it seemeth, and cannot maintain him as were requisfte, we are contented that he be tolerated to enjoy, by way of commendam, the Archdeaconry of Dublin, which he now hath." — Greenwich, May 24, 37°, iSpS- To our right trusty and well-beloved Sir William Bassell, and the Lord Archbishop of Dublin, &c. 37. Memorandum of Henry Usher on the 12th July, in the year aforesaid, having appeared in Court, and producing the preceding letter, prayed that it might be enrolled, at whose request it is en- rolled accordingly. Elizabeth Begina. 38. The Queen to the Lord Deputy and the Lord Chancellor. "Bight trusty and well beloved, we greet you well: whereas, here- tofore, divers leases have been made, — some by our Deputies for the time being, in possession, and some by special warrant from us, in reversion, for divers years yet to come, both to Sir Henry Wallopp, our Treasurer-at-War, and to others of our servants, in consideration of their services, — of the manor of Enniscorthy, in the county of Wexford, with the appurtenances, and of the site and precinct of the dissolved house of friars of Enniscorthy, with certain parcels of ground and buildings thereto belonging, and likewise of the site of certain religious houses dissolved, in the province of Munster, viz.: of the house of friars of the Trinity in Adare, conimonly called the house of friars of the Bedemption of Captives ; the site of the late 1594-6.] CHANCERY, IRELAND. 403 friary of Saint Augustine of A dare, the site of the late abbey or 361 37. 38 monastery of Newnagh, the site of the late monastery of Saint Elizabeth. Catherine, otherwise called Keylaugh, otherwise Negilaghe ; and ~ the site of the late house of friars minors in Adare, lying in the county of Limerick ; all which leases, as well in possession as rever- sion have, by lawful conveyance, come to the hands of Sir Henry Wallopp, our Treasurer ; the whole rent of which parcels reserved to us amount to the sum of £30 3s. ; of all which Sir Henry hath been an humble suitor unto us, that we would be pleased, in con- sideration of the great charges of building which he hath bestowed upon the same, especially at Enniscorthy, to grant him an estate in fee simple ; we let you know, that in consideration of the long and acceptable service done unto us by him, and for that also we understand that the buildings, by him made, tend greatly to the strength of our good subjects there, and to reduce others to a more civil aud dutiful kind of life, as well for his encouragement as that others may thereby take example, we are pleased to grant unto him, his heirs, or assigns, an estate, in fee farm, of the premises, with all lands, tithes, and hereditaments, to them and every of them belonging, in as ample manner and form as they are contained in the several leases made to him and others ; reserving to us the rents and services by the former leases reserved ; with a proviso that he shall not alienate any of the premises to any of the Irishrie without licence, and such other provisoes as have been accustomed, for the peopling and habitation of the lands with English people ; as other escheated lands in Munster are ordained to be, and none other." — Afa^f 22, 37°, 1595. To our right trustie and well-beloved Sir William Russell, knt., Lord Deputy, and to the Lord Chancellor. 39. The Lords of the Council of England to the. Lord Deputy, the Chief Justice of the Bench, Chief Justice of the Common Pleas, the Master of the Rolls, and the Chief Baron of the Exchequer. " After our hearty commendations to your good Lordship and the rest: whereas upon a petition exhibited unto us, about a twelvemonth sithence, on behalf of Andrew White, esq., in a matter in variance between him and John Itchingham, esq., for the barony of Don- brody, and certain lands, in the county of Wexford, we did write unto you to forbear to deal any further in the cause between them, because White then informed us, in his petition, that the matter concerned his inheritance, and therefore desired the same might be referred to the common law, and the letters which were before ob- tained from us by Itchingham were gotten by untrue and cautelous suggestions. For as much as of late Itchingham hath repaired hither unto us, and hath informed us that the title which White claimeth is not of any estate of inheritance (as he surmised), but a lease for term of years, procured by unconscionable and indirect practices, namely, by a forged letter of attorney; and besides he hath put us in mind that, upon long suit heretofore depending before us, we referred the matter to the consideration VOL. II. 2 D 2 404 PATENT AND CLOSE ROLLS, [1594 6, 36.37.38 of Sir John Popham, now Lord Chief Justice of the Bench; Sir Elizabeth. Thomas Egerton, Master of the Rolls; and the Attorney-General; who, after they had taken great pains to examine the state of the cause, and perused sundry depositions taken in Ireland con- cerning the same, did, by their letters, certify to us that under- standing Itchingham to be very poor, and unable to contend with Master White, by ordinary course of law in Ireland, and conceiving, upon what they had seen, his cause to be such as was meet to be relieved in equity, they thought that the cause might most aptly be determined, according to justice and equity, by a commission to be awarded to you the Lord Chancellor, the Chief Justice of the King's Bench, the Chief Justice of the Common Pleas, the Master of the Rolls, and the Chief Baron of the Exchequer, persons of best understanding what belongeth to justice and reason, to examine the true and full state of the cause in law and equity, and thereupon finally to determine the same. According to their opinion and advice we wrote our letters to the then Deputy, to grant a commission to you, or any three of you; and, in favour of White, added that he should name unto you any other of the Council there, and with aU we sent unto you, enclosed in our letters, a copy of the certificate aforesaid; of which letters, James White, brother of Andrew, had a copy by our direction, he then attending upon us for that cause : these are now to let your Lordship and the rest understand that if we had been put in mind of this manner of proceeding, we would not have revoked our former direction, grounded upon so good consideration, and therefore we require you to proceed, notwithstanding our former letters sent in June, last twelvemonth, to hear and finally determine the controversy, as you shall find cause in reason, equity, and con- science, according to the commission you had before under the Great Seal, directed unto you for that purpose, and to certify to us, what you find or shall have done therein, to the end that if either party rest not satisfied, we may know how to answer him : and because Sir William Weston, late Chief Justice of the Common Pleas, who was a Commissioner with you in this cause, is deceased, we think meet that Sir Robert Dillon, now Chief Justice of the Common Pleas, be admitted in his place, and associated with you in this matter. Praying your Lordship and the rest to use all expedition as conveniently you may ; we wish you right heartily well to fare." From the Court at Greenwich the 20th of July, 1595. Your very loving friends, Jo. Puckeringe. Henrie Hunsdon. Ro. Cecill. Wm. Burghley. W. Cobham. J. WoUey. Easex. Thos. Buckhurst. J. Portescue. Ch. Howard. To our verie good Lord the Lord Chancellor of Ireland, and to our very loving friends the Chief Justice of the Common Pleas, the Master of the Rolls, and Chief Baron of the Exchequer. [594-6-] CHANCERY, IRELAND. 405 Membrane 13. 36. 37. 38, . Elizabeth. Elizabeth Regiaa. 40. The Queen to the Lord Deputy. " We are informed that there iias been an indictment presented in the county of Tipperary for the slaughter of some of the Cantwells, supposed to be committed by Sir Charles O'OaroU, and that there is an appeal brought for the same fact before the Justices of our Bench there ; you shall under- stand that Sir Charles hath made unto us a pitiful complaint that, by this course, not only the loss of his life is intended, by means of the indictment being laid in Tipperary, where he is mortally hated, in regard of divers spoils of either side committed, between some people of his country of Elye, and the people of the county Palatine (Tipperary) ; but also that by answering the appeal, which in obe- dience to justice he must do, he shall be forced, in his pleading, in- directly to confess his country to be in the county of Tipperary, and thereby he will prejudice his inheritance, which he hath long de- fended, and for which he hath duly paid us for many years (holding it immediately from us) £100 a-year. In regard of this his hard estate, represented unto us by his complaint, we have considered what course might be taken, whereby the petitioner may have least cause of complaint of any rigorous course intended against him (especially in matter of his life), and that the course of justice may be so respected, as he may both receive his trial according to law, and punishment according to his trial ; and, therefore, finding first, that he hath put in bonds in our bench for appearance to answer the appeal to a great value, and secondly, that he asketh no favour, if by any indifferent jury he may be found to have been either pre- sent himself, as suggested, or to have done any thing but in defence of his own country ; we have thought good to require you that there may be some commissioners appointed, such as to your wisdoms shall seem most indifferent, to inquire of the fact and quality of the same before any further proceeding ; and for the matter of the appeal, to suspend the trial, until the matter of the difference for the title betwixt the Earl of Ormond, our cousin, and Sir Charles O'CaroU, be determined, which hath so long been in question, whe- ther the country of Elye be in the county of Tipperary or not ;(a) (a) By inquisition taken at PliUlipston, in the Bang's county, hy virtue of a commis- sion, dated 28th March, in the third year of James the First, before Edmond Pel- ham, luit., Chief Baron of the Exchequer, and Anth. St Leger, knt., m.k. ; the jury find, "thsU; the country or territory called Ely OKarroll, alias OKarroU's country, and the towns, toiralands, cantreds, and lands of said territory extend, by estimation, in length 2, and in breadth 4 miles, and are bounded as follow, viz. ; to the cotmtry called Irregan, oJmw Doyne's oountrie, to the east ; to the country called Upper Ossory, and to the country called Twoheggirrene, alius Maherie's ■countrey, towards the south ; to the country called Ormond, towards the west ; and to the Fercall, oBas Mulloye's countrie, parcel of the said Kinge's county, towards the north, as the meares and boundes thereof are divided and shown — that the afore- said territory, or any part thereof, is not, nor ever was, within any county or counties within Ireland — that the aforesaid King's county is but a small county, and the aforesaid territory of Ely O Karroll, aUax Carroll's countrie adjoins the aioresaid county, on the north part thereof — and that it is very convenient and fit 4o6 PATENT AND CLOSE ROLLS, [1594-6. 3^< 31> 38 wherein we are the more induced to yield to his suite, because we Elizabeth, are informed that when, by order from hence, at the request of both parties, a commission was granted to inquire of that matter, this gentleman answered the bill bronght against him, and the Earl did not reply ; to all which things, because we give no further credit than to an information, we have thought it no interruption of justice to have these two points well and speedily considered of, and yet cannot refuse, in compassion of his case, to yield to this bis request, whereby the truth, without complaint of rigour in such a, case, may first be known ; especially we having been informed that the gentle- man is both honest, valiant, and ready to do us service ; of whom, if we shall now' find the contrary, and that he shall be justly con- demned upon the appeal, there shall need no doubt to be made that we will pardon him for any respect ; and so we wish you that the Earl of Ormond may understand, whom we assure ourselves will not mislike this course, which shall make the matter clear from all suspicion of his extreme proceeding, wherein we also regard his honour, as that which we know he respects in all his doings, and that we hold him in too high estimation to wrong him in his inherit- ance for any subject in Ireland, although in this form, which con- cerneth us only in the point of hislife or death, we maybe thought to have dealt compassionately with Sir Charles, which is no more that the whole teiritory of Ely Carroll, aMas Karroll's country, shoald be an- nexed and added to the King's county." " It appearing that every thing in the aforesaid inquisition presented is necessary to be done; wee, the Commissioners, tt/ virtue of ihe commkmm, and of the ttafute therein mmSened, do limit, make and adjoin the whole of the said terri- tory called Ely Karroll's, oMas O Karroll's countrie, and all the townes, town- lands, cantreds, and lands thereof, to be esteemed and reputed for ever hereafter, part and parcel of the King's county ; and the aforesaid territory, with all thei towns, townlands, cantreds, and lands thereof, lying within the limits in said inqui- sition specified, to the aforesaid King's county, we annex and adjoin for ever by these presents. And further, the aforesaid territory of Ely O Karroll, aMas O Kar- roll's coumtrie, into two hundreds or baronies, wee divide and appoint, in manner following, viz. ; that one of the same baronies do extend in length from Iregan, alias ODoyne's countrie, in said inquisition specified, to a certain ford, within the said territory of Ely O Carroll, called the Brasenogh, running from a certain ford called Bonowe, on the south part of said territory, to a ford called Brosnogh, run- ning from the western part of a certain town in said territory, caBed BaHnedar- ragh, situate in the north part thereof; and that the same barony shall always ■ hereafter be called the barony of Ely O Carroll; and that the other barony shall contain the residue of said territory cidled Ely Karroll, aBas O Karroll's countrie ; and shall always hereafter be caUed the barony of west Efy Kairroll ; all which premisses, etc., wee humbly certify. Dated at Phillipston, in co. King's, imder our hands, the ist day of April, in the third year (James I.) Arlhure Chichester, Edmund Pelham, Anth. Senlleger. "Wee, Sir Arthure Chichester, knt.. Lord Depwtie of Ireland, having considered the aforesaid commission, inquisition, and certificate, doe approve and allow of the doinges therein; all which wee, the said Lord Depvrtie and Commissioners, under our handes and seales, doe certifie into the Court of Chancer)', to remaine of re- cord. And wee, the Lord Deputy, doe requ&e the said proceedings to be tran- scripted, and by mittimus sent out of said Courte into the several Courtes of Cheife Place, Common Pleas, and Exchequer, there to remain as of record, etc. Given at the Castle of Dublin, the pth daie of Aprill, 1605. Ai-thure Chichester, Edmund Pelham, Anth- Sentleger." {Patent Roll} 1594-6.] CHANCERY, IRELAND. 407 (all circumstances of his humble suit considered) than we would 3d.37>3 have done to any, the meanest subject in Ireland ; and there- El izabe th, fore we require you to make our cousin privy to your purpose of proceeding, and therein to use all speed and expedition, that justice be not delayed, when those two points before mentioned are decided, in both which we require yon to certify us, or some of our Council, what you find in both, before Sir Charles be put upon his trial." — Westmimter, Aug. 20, 37°, 1S95. To our trustie and right well-beloved Sir William Russell, Lord Deputy, and to the Chancellor, Chief Justice, and the rest of the Council. Membrane 14. Elizabeth R. 41. The Queen to the Lord Deputy and the Lord Chancellor. " Right trusty and well beloved, we greet you well : upon the recommendation which hath been by you, and the rest of our Coun- cil there, given of the service of the bearer, Captain Lambyn, we have been pleased to give ear to such suits as he hath exhibited to us, which are for a lease in reversion of divers parcels of lands and tithes whereof he ia now our tenant in possession, amounting to the yearly value of £22 I'js. 2d., besides certain pecks of corn, as appeareth by a note thereof delivered under his own hand ; which we are pleased to bestow upon him ; and therefore will and require you, upon receipt of these our letters, to make unto him a lease in reversion of all the parcels contained in the schedule, herewith sent unto you, if so it be that he is the tenant thereof as he doth allege, without fine, for the term of 31 years, at the usual rent, and with such other clauses and conditions as are now reserved upon the same ; and of our further favour and gracious acceptation of his service, we are pleased to grant unto him, if it shall so fall out that before the receipt of these letters, any part of the lands now in his possession shall he, by virtue of any former warrant directed to you, passed away in reversion, that you shall supply so much as ehall appear to be taken from him, not exceeding in the whole the value of £22 17s. 2d., now in his tenure, or thereabouts, out of other lands such as you shall think fit to be demised, and are not now in the possession of any of our servants, to whom we would not, by our fcivour showed him, that like wrong should be done." — Greenwidi, Avig. 16, 37°, 1595. To our right trustie and well-beloved Sir William Russell, Lord Deputy, and the Lord Chancellor " County Kildare. — A brief note of such lands and tithes as Tho- mas Lambyn doth hold of her Majesty by lease. — The Gray Pria,ry, called the New Abbey, with five acres of land, two little orchards, and one church yard, rented per annum to 30*. sterling ; Nichols- ton, with six score acres of land, rented per annum to £3 7s. 6d. sterling ; the rectories of Jofanstowne, Cardestown, Tipper, and Cradockestowne, rented per annum to £10 sterling, and five and twenty pecks of port corn, every peck containing seventeen gallons, 4o8 PATENT AND CLOSE ROLLS, [1594-6. 3 1 37i 38 paid to the Lord Deputy for her Majesty's use, and to find a curate Elizabeth, to serve. The tithes of Rathmore, rented, per annum, £7 io«. sterling ; fifteen ruinous houses iu Molingar, which belonged to the friary there, rented per annum to gs. 8rf. ; — sum, £22 17s. 2d. sterling ; in port corn, 25 pecks." Membrane 15. Elizabeth R. TEINi:?Y COLLEOE. 43. The Queen to the Lord Deputy and the Lord Chancellor. " Right trusty and well-beloved, we greet you well : where by your letters of the i8th of August last, you recommended unto us the Provost and Fellows of Trinity College, by Dublin, that, in considera- tion of so good a work, now finished and founded by ns, and neces- sary to be maintained for the general benefit of that our realm, we would grant unto them some portion of concealed lands there for their better maintenance ; we let you wit that, of our princely spe- cial grace and favour, we are well pleased that they shall have so much lands, tenements, and hereditaments, as well spiritual as tem- poral, in that our realm, within liberties and without, as shall amount to the clear yearly value or rent of £100 sterling, or there- abouts, the same to be only such as are concealed and wrongfully detained from us and our progenitors, and of right ought to have come unto us ; To have and to hold the same to the Provost and Fellows of Trinity College and to their successors, in fee-farm : wherefore we will and require you, for their better means and help herein, to give forth, from time to time, all such commissions, writs, and process, as shall be requisite, to be directed to such persons and commissioners as they or their learned counsel shall nominate, for the better finding out and surveying of such lands, tenements, and hereditaments as they or any of them shall bring you notice of ; whereupon you shall immediately signify unto us, or to our Privy Council here, your liking and allowance of the several parcels, as the same shall be found out by them ; to the end that afterwards our pleasure may be known unto you for the granting and passing thereof, under our Great Seal, in fee-farm, as is aforesaid, which we will shall be, with as favourable clauses, as in like cases we have heretofore granted to any other, and as shall be testified by the sur- veyors and juries who shall find the same; and if it shall happen that there shall be passed uuto them any parcel, which afterwards, by lawful means, may be evicted from them, our pleasure is then, that in lieu thereof, they shall have parcels of like value of other concealed lands, being by you thought fit, and by us to be allowed ; and likewise if any part of the same lands or tenements shall, by rebellion or otherwise, at any time, become waste, so as they shall not be able to reap such benefit as our gracious meaning is, our pleasure then is, that during the time of such waste, being so to be found by commissioners to be appointed by the Lord Chancellor or Keeper of the Great Seal for the time being, they shall not be bur- dened with payment of any rent for the same to us or our succes- eors. Moreover, for that this is for so good and Christian purpose, 1597-] CHANCERY, IRELAND. 409 our will is that the survey of this kind of lands shall not be with 36' 37. 38 extremity of the yearly rent — (considering the same was not like Elizabeth, to be entitled to us but by their industry and labour) ; and that no advantage be taken against them for mistaking or misnaming of any place or places, county or counties, in their grant or grants. The tenure of all these lands, tenements, and hereditaments, our pleasure is, shall be in free soccage, and not otherwise. And for as much as in these kind of grants of concealed lands, we know there have been many abuses committed, and thereby great inconve- niences ensued to the disturbance and discontent of our subjects, we charge you very earnestly to have a special care thereunto for avoiding the like, for were it not for so good a deed as this is, we could in no wise be induced to make any such grant; for your doings wherein, according to this our pleasure, these our letters, notwithstanding any want or insufficiency of words, or other clause of warranty requisite to be inserted herein and is omitted, shall be as well unto you, our Deputy and Chancellor now being, as unto any other Deputy, Chancellor, or Keeper of the Great Seal of Ireland, that hereafter for the time shall be, and to any other our officers and ministers of that our realm to whom it may appertain, sufficient warrant and discharge. Given under our signet, at our Manor of Nonesuch, the 17th of October, 1595, in the 37th year of our reign. To our right trustie and well-beloved Sir William Russell, Lord Deputy, and to the Right Rev. Father in God the Archbishop of Dublin, Lord Chancellor, &c. Patent Roll, 39° Elizabeth. — 1597. 39 PRIMA PAES. Elizabeth. Membrane i. I. Grant to Edmond Barrett of the lands of Balliloghran-Oughter, and Balliloghran-Eaghter, with several tenements, a carucate of land of every kind, late the possessions of Maurice Fitzgerald Oge Stack, attainted, Killeheny and Gortneshanagh, certain mined cottages and a carucate of land of all kind, parcel of the possessions of "William OgeBonan, alias Bonanaghe, late of Killeheny, attainted; Derico and Knockinenan, certain ruined thatched cottages, and a third part of a carucate of land, parcel of the possessions of John FitzMorrice, attainted ; Ballihawregan, Banegarran, Mynemore, and Gortcarde, certain ruined cottages, and two carucates of land of every kind ; three messuages, with gardens, in the town and fields of Ratowe, late parcel of the possessions of Edmond M'Kierrie, late of Ballihawregan, attainted ; the lands of Graignegihie, and a fourth part of a carucate of every kind, late parcel of the posses- sions of Robert PitzGerrett, attainted ; Galie, Carowknocke, Cowl- keraghe, Ballidonoughe, Cowlard, les Inses, Kilkerevan, Dromore, TuUymore, Glorie, Carowblougbe, Derryumloght and Kiltean, several cottages and nine carucates of land of every kind, late parcel of the possessions of Thomas McKilgod, chief of the Sept of the Galie, killed in rebellion ; the town of Cloghanshenan, with 410 PATENT AND CLOSE ROLLS, [1597. TTii,!^ tK ^f^i,^ carucate of land of every kind, late parcel of the possessions EUzabeth. of Gerald M'Morrioe and Nicholas M'Morrice, attainted ; Dowa, ^las Ballinrealighe, with several other lands in the counties of Kerry and Desmond ; and the lands of Ballyduff, Downe, and Clos- coUan, in the Queen's county : To hold for ever in fee farm by fealty only in free soccage.— Eent £8 2s. grf. Irish; and also rendering a plough day for every plough that shall be employed on the lands in the Queen's county ; or such other labour or work as shall be appointed by the Constable of the Castle of Maryborough, or 3s. for each plough, at the election of Edmond Barrett. He will not use the law called the " Brehon," in any cause, or against any person responsible to the laws of the land, and he and hig heirs will use English garments and apparel in their houses, as far as they reasonably can ; attend the ConsUble of the Castle of Maryborough or the Sheriff for the time being, on the first of September, and bring all the men under their rule, within the age of sixteen and sixty years, accustomed to carry arms, for enrolment, and to answer for their conduct the preceding year ; and will not keep or maintain any one of Irish blood, accustomed to arms, born out of the county without the license of the Gonatahle.—Ditblin, Jan. 14, 39°. Membrane 4. 2. Grant to George Isham of the lands of Brianstown, in the county of Wexford ; the lands of Cloghreday, containing a ruined castle and five acres of country measure, in the county of the liberty of Tipperary, parcel of the possessions of John Bourke, late of Ballilongan, attainted ; the lands of Monenebolie, containing by estimation five acres of country measure, parcel of the possessions of Maurice, alias' Moroughe M'Dermot M'Mortogh, late of Monene- bolie, in Arlaghe, attainted ; the lands of Dromleighe, containing by estimation ten acres of country measure, parcel of the posses- sions of Maurice M'William M'Moriertagh, attainted ; the lands of Aglish, in the county of Waterford, containing fifteen acres ; a small parcel of land called BaUisagardbegg, in the borough of Lis- more ; the town of Shonabegg, alias Ballisagard, containing 120 acres of small measure ; a small parcel of land called " the Ancho- rite land." containing by estimation 30 acres, small measure, near Lismore ; the lands of Balligeloyne, containing half a carucate of land J a house and garden in Lismore, in the tenure of Richard Galway ; another house in the tenure of Maurice Maly ; a parcel of land in the tenure of Jane Dowayne and Marie Roche ; a house and garden in the occupation of John Dillon ; a garden in the tenure of Dermot OowHn ; another house and garden in the tenure of John Quillan ; another house and garden in the tenure of Daniel Quillau, parcel of the possessions of the vicars choral of Saint Mocod, of Lismore, in the county of Waterford, which came to the Crown by reason of the statute of mortmain ; a messuage, with the appurtenances, in the parish of Saint Stephen, within the walls and franchises of the city of Waterford, extending in length from the highway leading to Saint Patrick's gate on the north, to the lands of the church of the Holy Trinity, on the south ; and in breadth I597-] CHANCERY, IRELAND. 411 from the lauds of the church on the east, as far as the lands formerly 39 belonging to John Grilmore, on the west, parcel of the possessions Elizabeth, of the church of Saint Patrick, in the suburbs of the city, which also came to the hands of the Crown by reason of the statute of mortmain ; the town and hamlet of Rathwiriell, containing by estimation 40 acres of land of great country measure ; Clenerrie, containing 20 acres of land ; Cloghanlisie and Clonemonye, con- taining 2 acres ; Dromkyne, 3 acres ; Ballingarie, 5 acres ; Knocknenirrie, i acre ; Nehoghillie, i acre ; Knockerleig, i acre ; Tirebamghan, containing i acre ; Glandahillen, 5 acres ; Drinagh, I acre ; Teduffe, 5 acres ; Cloghanefinogie, 3 acres ; Downeman- tane, 5 acres ; Balliheige, 5 acres ; Ballironan, 3 acres ; Knock- anefonerie aud Tonereoughe, 2 acres ; the advowson, donation, and right of patronage of the rectories and vicarages of the parish churches of Killurie, Kilnagbtin, Oghvailo, Balliheige and Balli- m°kelgot, parcel of the possessions of Gerald, late Earl of Desmond, ia the counties of Kerry and Desmond, attainted ; the lands of Behins, containing two carucates of land of small measure, parcel of the possessions of Gerald M'Williams, of Behins, attainted ; the lands of Lismattin and Aghyne, containing half a carucate of land, parcel of the possessions of Edmond Mantagh, attainted, in the counties of Kerry and Desmond ; Termon Irrinaghe, or Corb of Clonelogher, containing nine cartrons ; Termon Irrinaghe, or Corb of Clondaraghe, containing four cartrons ; Termon Irrinagh, or Corb of Clonebrony, containing eight cartrons ; Termon Irrinagh, or Corb of Granarde, containing two cartrons ; Termon Irrinaghe, or Corb of Ardaghe, containing two cartrons ; Termon Irrinaghe, or Corb of Ballynroddy, with a ruined castle and two cartrons, in the county of Longford ; the rectories of Dowa and Ballynehaggilsy, in the county of Kerry and Desmond; with aU the tithes, alterages, and emoluments wheresoever, and the advowson and right of patronage of the vicarages ; parcel of the possessions of the late monastery or priory of Connall, iu the county of Kildare. The rectories of Disert, Liscowell, Murher, Knockenure, Kil- nagbtin ; certain parcels of the tithes of Killeheny ; the tithes of Ratowe, that is to say, Behowe, Aspigloy, and a moiety of the tithes of Balliconery, with the advowson, donation, and right of patronage of the vicarage of Liscowell, Murher, Knockenure, Disert Aghevalin, Galie, and Liseiltin, in the county of Kildare, parcel of the possessions of the late abbey or religious house of Ratowe alias Arragacens, of the order of Saint Augustine ; the rectory of Nure- gare, in the county of Limerick, with all the tithes, alterages, and emoluments wheresoever, parcel of the possessions of the late monastery or religious house of Saint Mollyns, otherwise Temollin in the county of Kildare. A cartron of land, called Cartron Eloghan, with eight cottages or houses ; a cartron and a fourth part of a cartron in Moneskallighan • a cartron called the Etworboy ; the cartron of Monearde • the cartron of Killenbea ; the cartron of Clonemockorie, in the county of Longford, parcel of the possessions of the monastery or religious 412 PATENT AND CLOSE ROLLS, [1597. 39 house of Derig, alias Monastererig ; and a third part of the tithes of Elizabeth, ^he parish of Dromyne, in the county of Louth, parcel of the posses- eions of the late monastery of Louth. A messuage, with an orchard or garden, extending to the ex- terior gate of the abbey of the Blessed Virgin, near Dublin, within the precincts of the abbey, in the possession of Francis Agarde, with the chapel adjacent thereto ; the green called "the Abbey Green ;" a messuage in Saint Thomas street, in the suburbs of the city, late in the tenure of Patrick Surges ; parcel of the posses- sions of the abbey ; the castle of Bealacorig, in the county of Clare, with two quarters of land there, exempt and discharged from all composition, cess, or subsidy; parcel of the possessions of Conogber O'Brien, attainted of high treason. A small tenement or cottage in the town of Toughull, in the county of Cork, commonly called a killhouse, lying between the house of Richard Ronan on the north, and the lands called Collins' lands on the south, the king's highway on the east, and the lands of Richard Ronan on the west ; a garden in the same town, lying at the backside of Richard Ronan's house on the east, Bow-street on the west, the highway on the south, and Forest's lands on the north ; another messuage or tenement in the same town, lying be- tween Meaghe's land on the north, Nogle's land on the south, the highway on the west, and the walls of the town on the east ; another messuage or tenement in Levery, in the same town, lying between Portingall's lands on the south. Bonnet's lands on the north, the walls of the town on the east, and the highway on the west ; another garden without the southern gate, situate between Meaghe's lands on the north, Forrest's land on the south, Welsh's land on the west, and Nogle and Morty's lands on the east ; another messuage in the town, lying between Welshe's and Galway's lands on the north, the College lands on the south, the Blind-lane on the west, and King-street on the east ; another garden in the town, between the Blind-lane on the east, Bow-street on the west, the highway and Welshe's land on the north, and Collins' land on the south ; another garden in the town, outside the southern gate, lying between Arthor's land on the north, the lands of Nicholas Nogle on the south, the highway on the east, and Forrest's lands on the west ; another garden, near the sea, on the east, Arthor's and Rollie's land on the west, Russell's lands on the north and Arthor's lands on the south, parcel of the possessions of John Anyas, late of Youghal, attainted ; a tenement or messuage adjoining the gate on the north of the town ; another tenement near the gate, extending from the highway on the west as far as the town wall on the east; another tenement in the town, adjoining the house of Thomas Coppynger, on the north of the town ; another messuage in the town, between Arthor's land on the north, and the lands called Listen's land on the south ; two other tenements or messuages near the Key-lane on the west, and extending to the walls on the east parcel of the possessions of the late Richard Bennett ; the townland of Castlelishyn, with ten acres of land adjacent to the 1597-] CHANCERY, IRELAND. 413 castle ; the hamlet and lands of Clonsillaghe, containing 10 acres ; 39 Clonrehie, 5 acres ; Cowlye, 50 acres ; Corowe, 5 acres ; Droni- Elizabeth, sharule and GJeatan, 5 acres, and Dilliggeheggie containing 5 acres, parcel of the possessions of Donat Hynowan, attainted, lying in the county of Cork, parcel of the possessions of Gerald, late Earl of Des- mond ; To hold for ever, by fealty in fee and common soccage. — Rent A 17 15s. 6d. — Dublin, January 4, 39°. Membrane 6. 3. Grant to George Isham, of Brianstowne, in the county of Wexford, of the lands of Adarte, containing, by estimation, 10 acres, small mea- sure, forfeited by reason of the attainder of David M'Andrewe, and William M'Andrewe,and which lie in Gortnecrossye,Crosmorogie,and Knockaneshawke, in the counties of Kerry and Desmond ; three mes- suages or tenements, ■with certain small parcels of land in the fields of the same lands, and which came to the Crown in consequence of the attainder of Edmond Prendeville ; a house or tenement on the same lands, lately belonging to Nicholas Rice ; another tenement or house there, parcel of the possessions of John M'Sichard, attainted ; an- other messuage or tenement there, called Farrenmastin, lately belonging to John alias Shane beg M' William M'Patrigin, attainted • another tenement or cottage there, called Parinvosher, lately belong- ing to James M'Morishe Oge and John alias Shane M'Redmonde Kiagh, attainted ; a tenement or cottage there, lately belonging to John alias Shane Btarmen, attainted ; another tenement or cottage there, in the tenure of Shane M'Edmond Stondon ; three tenements or cottages there, with a parcel of land called Parrin william ; another tenement there, late in the tenure of John alias Shane Gwere, who died without heirs general or special ; another tenement, late in the tenure of Thomas M'Richard PitzMorrice, attainted ; certain cot- tages there, lately belonging to Adam M' Andrew, attainted ; another tenement belonging to Monterlogherny ; a tenement, with a small parcel of land, near Adart, called Ballinknocke ; Clonemore and Graige, late the possessions of James PitzRichard Peirce late Bishop of Adart, attainted ; a cottage there, belonging to Turlagh Menarighe, attainted ; a tenement, late in the tenure of Donogh M'Thomas ; another in the tenure of George Rice, which came to the Crown by escheat ; another tenement, late in the tenure of William O'Geary ; another in the tenure of Donall O'Lynch ; a ruinous house, called the Spittle House of Adarte ; the lands of Balligerott, near Kiltenan, containing, by estimation, a fourth part of a small carucate of land, with the appurtenances, late the pos- sessions of James M'Morice Oge, attainted ; a small parcel of land called Srone, near Gealie Parintomicke, in Mineogahan and Parren M'Etnot, and Peann in Grebonagh, containing one small carucate of land, late the possessions of Thomas M'Kilgod, late of Galie, attainted- the town land of Balliconerie, containing, by estimation, two small carucates of land, late the possessions of Thomas M'Ricarde Duff and Richard M'Thomas, son and heir of said Thomas, attainted • the lauds of Eilcharan, Entleve, Rathonan, and Dirrindive contain- 414 PATENT AND CLOSE ROLLS, [1597. 39 ing, by estimation, a small oarucate of land, late the possessions of EUzabeth. Thomas Edmond FitzJames, of Coffealie, attainted; the lands of Ballinprior, containing, by estimation, one small carucate of land, late the possessions of Thomas Leighe, attainted ; the lands of Ard- glasse, containing half a carucate of land, late the possessions of Biichard O'Shishnan, attainted ; the lands of Drummorrin, contain- ing half a carucate of land, late the possessions of. Shane M' Robert, attainted ; the small termon or corb of Kilmaceda, containing a fourth part of a carucate of land, with the appurtenances ; Balli- humicken, near Ballraorig, containing a fourth part of a small ca- rucate of land, late the possessions of Gerald ne Moe, attainted ; the hamlet of Oaher M'Duff, containing, by estimation, 5 acres; one acre in Ratowe, near Cloneaghe, called Acre M'Oraghe ; the lands of Olog- hancore and Arda, containing a fourth part of a carucate of Jand, late the possessions of Gerald M'Thomas Leighe, attainted j the lands of Turran, in the country of Desmonde, containing a fourth part of a cartron, late the possessions of James M'Edmond, of Realane- cartie, attainted, in the counties of Kerry and Desmond. A small parcel of land, containing six acres or thereabouts, in Pounchersgrange, in the county of Kildare ; two gardens in Naas, late in the tenure of a man called Drue, seven acres near Maw- delens, and the mill called Milltowne Mill, parcel of the house of Connall ; a garden in Naas, in the occupation of John Sherlocke, parcel of the house of Austin Friars. The lands of Longford, Mongaghmore, Camus, Ballinrally, and Derrinboy, in the country of Upper Ossory, containing a carucate of land of every kind, and all fees, customs, and emoluments of the fair and market of Aghevoe ; a ruined house in the town of Kinsale, called Oortnearle, in the county of Cork, wholly prostrate and waste ; a house called the Spittle House, near the town of Kinsale, with a small parcel of land thereto appertaining, containing 3 acres ; the advowson, donation, and right of patronage of the rectory of Beal- gowle, near Kinsale ; the site, circuit, ambit, and precinct of the abbey or religious house, on the south of the town of Youghall, called the house of the Franciscans, containing, by estimation, 10 acres small measure ; the chapel called the Chapel of Saint Anne, near the town, with a small parcel of land thereto appertaining, contain- ing one acre. The lands of Bathnolan, Knocknegippaghe, and Cnrraghmonevore, containing, by estimation, one carucate and a half of laud of every kind ; the lands of Balliny, containing, by estimation, half a caru- cate of land of every kind.; the lands of Englandston, in the county of Limerick, containing, by estimation, half a carucate of every kind; the lands of Liscanill, containing three fourth parts of a carucate bf land ■ a small parcel of land called Knockfarrin, near Ballinrobe, in the county of Mayo, containing, by estimation, half a quarter of land • the great burgage of Lismore, in the county of Waterford, containing half a carucate of land of every kind ; the lands of Kil- monenan, containing half a carucate of land of all kind ; Ferequile, containing one carucate of land ; the town of Ballimacpatrick and I597-] CHANCERY, IRELAND. 415 39 Curraghe-Ballivorougb, coutaining two carucates of land ; the lands Elizabeth. of Garran James, in the county of Cork, containing one carucate of land ; and the townland of Kilrie near Kilbolan, containing one carucate of land of all kind ; To hold for ever, — Rent £8 x']s. lod. — Dublin, June 16, 39°. Membrane 7. 4. Charter of the College of the Holy and Undivided Trinity near Dublin (Trinity College); — At the humble petition of the Provost and Pellows of the Col- lege of the Holy and Undivided Trinity, near the city of Dublin, for the greater prosperity of the College, the sustenance, support, and maintenance of the Provost, Fellows, and Scholars thereof, her Majesty (Elizabeth) — of her special grace, certain knowledge, and mere motion, with the advice and consent of her well-beloved and faithful councillor, Thomas Lord Burgh, Lord Baron of Gainsbo- rough, knight of the very noble Order of the Garter, Deputy-Gene- ral of her kingdom of L-eland ; and according to the tenor, force, form, and effect of certain letters, signed with her own hand, and dated under her seal at her palace of Westminster, the seventh day of May, in the thirty-ninth year of her reign, directed to her wel- beloved councillor, Thomas Lord Burgh, Deputy-General of her kingdom of Ireland, or other justiciary, governor, Chancellor or Gustos of the Great Seal of her said kingdom, and enrolled in the rolls of Chancery in her said kingdom, — ogives and grants for herself, her heirs and successors, to the Provost and Fellows of the College and their successors. Provosts and Fellows, the town, village, and ham- let of Ballivire, in Castle Creige, containing six carucates of land of every kind, with all and singular their appurtenances, part of the lands and possessions of John Fitz William FitzEdmond Burke, lately of Balliquilli, in the county of Tipperary, of high treason attainted ; the fourth part of the town of Drommomarkie, containing, by esti- mation, two acres of land of every kind, country measure, with all their appurtenances, part of the lands and possessions of William Leighbeg, son of Conohor O'Kenedie, late of Drommomarke, in the county of the liberty of Tipperary, of high treason attainted ; the eighth part of the lands called Brevis, containing, by estimation, two acres and a half of land of every kind, and the eighth part of the town of Balliglasse-Ieghteragh, containing one acre and a half of small country measure, part of the lands and possessions of Thomas Burke fitz John alias Thomas Cawnaghe Burke, late of Balliglasse leghte- raghe, in the same country, of high treason attainted ; half of the town of Balliglasse, containing, by estimation, five acres of land of large country measure, parcel of the lands and possessions of Matthew Moore M'William M'Kennedie, of Drommomarkie, in the same county, of high treason attainted. A water-mill in the town of Killoghterune, alias Eilwoldinoie, part of the possessions of David FitzEdward Roche, of high treason attainted, in the county of Waterford. Two carucates of land in the town and fields of Any, with their 41 6 PATENT AND CLOSE ROLLS, [1597. 39 appurtenances (besides four carucates of land demised to Edward Elizabeth, pitton, knight) parcel of thelands and possessions of Gerald,late Earl of Desmond, of high treason attainted, in the county of Limerick ; half a carucate of land with the appurtenances called Shiggin's land, and the site of a water-mill called "the Knyght's Mill," with a moiety of the place called Knight's Street, in Ballingarie, part of the lands and possessions of Gerald, late Earl of Desmond; the town of Balligean, containing three quarters of a carucate of land, with the appurtenances, in a town near Atherlowe, part of the lands and possessions of Brian duble O'Brien, lately of Balligean, of high treason attainted ; the lands of Earrinegelagh, containing half of a carucate of land, with all the rights, members, and appurtenances, parcel of the lands and possessions lately pertaining to the cell of Saint Peter, near the city of Limerick. One carucate of land in the town and fields of Rathcoursi, in the barony of Imokelly (besides another carucate in the same town, granted by letters patent to George Sherlock), part of the lands and possessions of Maurice fitz Edmond Gerald, in the county of Cork, of high treason attainted. The site, circuit, ambit, and precinct of the abbey or house of the Carmelites of Ballinegall, with half a carucate of land appertaining to the same, with all and singular their appurtenances, in the county of Limerick ; twenty acres of land adjacent to the church of Omo- laggi, near the Cross, part of the lands and possessions of the dissolved abbey of the Oorbe OmoUaggi, in the county of Cork j the town of Clonea, containing a ruined castle and two carucates of land, with the appurtenances, part of the lands and possessions of John Oge M'Thomas, late of Clonea, in the county of Water(ord. The town of Ballidoghie, and the half town containing, by esti- mation, fifty acres of arable land with the appurtenances, and the town of Lissinifie with another half townland, containing, by esti- mation, fifty acres of arable land with the appurtenances, part of the lands and possessions appertaining to the late abbey of Conge, in the county of Mayo ; the town of Clonkalliaghe with its appur- tenances, and eight acres of arable land ; Clonefinlagh, with its ap- purtenances, one quarter of land appertaining to the same, and Kil- gefin alias Kilfegin, with its appurtenances, and six acres of arable land appertaining to the same, part of the lands and possessions belonging to the late house of monks of Ardkeyna, in the county of Eoscommon ; the town and village of Knookantenesker and Eashil- lagh, with six acres of arable land of old country measure with their appurtenances, and all woods, underwoods, meadows, pastures, and mountains, part of the lands and possessions lately taken out of the hands of the O'Moores, traitors, attainted by authority of Parliar ment, in the Queen's county. Three cottages and five acres and a half of land, in the town and fields of Chappell-Isold, part of the lands and possessions of the parish church of Chappell-lsold, belonging to oar lady the Queen, by reason of the statute of " mortmain," in the county of Dublin. A ruined castle called Derronston, and one carucate of land IS97-J CHANCERY, IRELAND. 417 (except the sixth part thereof) with the appurteoances j the town, 39 village, and hamlet of Hamenstowne, containing, by estimation, the Elizabetli. sixth part of a carucate of land with the appurtenances ; twenty- four acres of land, small country measure, in a parcel of land called Ardilegan Poile, and other fields in Ballaniscaddan, which were part of the lands and possessions of Gerrott fitz David, in the county of Limerick ; the town and lands of Downemoue, with the appurten- ances, containing, by estimation, one carucate of land, part of the lands and possessions of the late Gibbon Derront, of Downemone, who died without issue, and Edmond, his next heir, was attainted of high treason, in the same county ; the town of Kilduflf", in Cownagh, containing, by estimation, ten acres of small country measure, part of the lands and possessions of the late Murhiertagh Merigaghe, son and heir of Brian Duff, attainted of high treason ; the town of Dromloghan with the appurtenances, containing one small carucate of waste land, part of the lands of Thomas, called '' the Enight of the Valley," of high treason attainted ; the town of Bal- lyngilvig, containing the sixth part of one carucate of land with its appurtenances, part of the lands and possessions of John Suppell, of high treason attainted ; the town of Ballikevan, containing half a quarter of land with their appurtenances, part of the lands and possessions of Owen M'Edmond, son and heir of Edmund oge Shihie, of high treason attainted ; the town of Ballipeirick and Balliho- macke, containing the third part of one carucate of land, with the appurtenances, parcel of the lands of John London, of high treason attainted; the town and lands of Pollaghe, containing the third part of one carucate of land, part of the possessions of John Suppell, of high treason attainted ; the town of Corballie, near LiskeUy, con- taining, by estimation, twenty-eight acres of land, small measure, with the appurtenances, part of the lands and possessions of Thomas Browne, of Kilkellane, of high treason attainted ; two parts of Craige M'Teigo, Balliknockan, Delis, Carowbridoig, Clonecloghan, Clonenkedagan, Shankayne, Finowe, Ballyhahill, and Moybian, containing five carucates of land and a third part of a carucate of land, parcel of the land and possessions of Donell M'Tiriaghe, son of Tirlaghe M'Donnell, late- of Craige M'Teige, of high treason attainted ; part of the lands called Parrin M'Henrie Roe, contain- ing, by estimation, thirteen acres, large country measure, parcel of the lands and possessions of Gerrott MThillipp, in mortgage, of high treason atte^inted j a parcel of land in Creaffe and Boherboy, containing five acres of large country measure, part of the lands and possessions of Gerrott M'Philipp, in mortgage ; a parcel of land called Balliroberte, containing twenty acres of land with the appur- tenances, twenty acres of land in Dowally with the appurtenances, eight acres of land in Monegaritfe with the appurtenances, eighty acres of land in Ballintemple with the appurtenances, fifteen acres of land in Parke with the appurtenances, five acres of land in Far- rinmoclone with the appurtenances, six acres of land in Enaghmore with the appurtenances, twenty acres of land in Laduffe with the appurtenances, thirty acres of land with the appurtenances in Far- VOL. II. a B 4x8 PATENT AND CLOSE EOLLS, [1597. 39 rinblougU, part of the l^,nd8 and possessions of Gerald, late Earl of Elizabeth. Desmond, of high treason attainted ; the town of Balliferala, con- taining twenty acres of land, small measure, half of a tenement in Rahely, part of the possessions of Nicholas PitzWilliam of Dro- marde, of high treason attainted ; the town of Liscand, containing, by estimation, one part of a carucate of land, part of the lands and possessions of David Ny Corig, of high treason attainted ; part of the lands called Ballinehaw, containing, by estimation, six acres of large measure, and Kearrowe and Liskimen, containing five acres of great measure, parcel of the lands and possessions oif John Lacy Pitz Williams, of high treason attainted. The towns, townlands, and hamlets, with all lands, tenements, and hereditaments, with the appurtenances, of Carrigfoile, lUane- begg, Agheneoranie, Olonenemane, Lislaghlin, Doraghy, Leytrim, Athlena, Gortesmoyle, Kilbeaghen, Gortomogatanaghe, Knocknure, Carrow-Ieraghe, Glankugan, Lackechronen, Guhart, Incorlacky, Leihray, Killeprevanie, TuUaghniell, Ballilin, Tirighly, Faravanna, Oappograua, Glaneleapa, Glanbrine, Murhir, Russindromorgell, and Lianamore, containing, by estimation, twenty carucates of land, part of the lands and possessions of the late Conogher O'Connor, of Carrigfoyle, esquire, and Brian ' O'Connor, gentleman, his brother, of high treason attainted, in the counties of Kerry and Des- mond ; the towns, townlands, and hamlets of Downen, Tullibegg, Ballidonagh, Oarowe, and Moyvillie, containing two carucates of land, with all their appurtenances, part of the lands and possessions of the late Bdmond Oge M'Edmond M'Linet of Downen, of high treason attainted ; the towns, townlands, and hamlets, of Gortne- skehie, Gortichill, Meneochig, and Gfarriduff, containing, by estima- tion, one carucate of land, with aU and singular the appurtenances, parcel of the lands and possessions of the late Thomas no Boyle, of high treason attainted ; the town, townland, and hamlet of Poole- nelollie, containing a sixth part of a carucate of land, with all the appurtenances, part of the lands and possessions of Gerott Pitz- Richard Ganekagh, of high treason attainted ; the town, townland, and hamlet of Bahownagh, containing a third part of a carucate of land, with all and singular the appurtenances, part of the lands and possessions of the late Gilleduffe MaoBdmond and Robert M'Ed- mond, of high treason attainted ; the town, townland, and hamlet of Lahardan, containing, by estimation, a third part of a carucate of land, with the appurtenances, part of the lands and possessions of Ullick M'Thomas of Lahardan, of high treason attainted j part of the lands called Parrinstack, containing, by estimation, a sixth part of a carucate of land, part of the lands and possessions of Kien M'Brien Clarighe, of high treason attainted; part of the lands cfiUed Knockevallig, containing, by estimation, five acres of land, with their appurtenances, part of the lands and possessions of Edmond Pitz James of Goffealie, of high treason attainted ; half of a carucate of land of Ballineskrine, lately belonging to William O'Ronan of Ballineskrine, without the mortgage and pledge of Thomas M'Eilgod, l?,tely of Galie, attainted ; one tpnementj with IS97-] CHANCERY, lEELAND. 419 the appurtenances, in Adarte, part of the lands and possessions of 39 the late Morough M'Rorie of Adarte; another tenement in Adarte, Elizabeth, and a small parcel of land, with the appurtenances, part of the lands and possessions of James CuUen of Adarte, of high treason attainted; the towns, villages, and hamlets, lands, tenements, and heredita- ments of Letter, containing, by estimation, one quarter of land, Killoghe and both Grarrans containing, by estimation, one quarter of land, both Kilcolmans and Dirinie containing, by estimation, one quarter of land; Kilcoragh containing, by estimation, one quarter of land; Binoahiragh containing, by estimation, one quarter of land ; Cahersoevin and Kinarila, half a quarter of land, and both Kilcrynire and Leaharminin containing, by estimation, two carucates of land, part of the lands and possessions of Gerald, late Earl of Desmond, of high treason attainted ; the towns, villages, and hamlets of Tilli- garie, Kilbegg, Lisaidspoula, and Gladdan, lyovellan, Tenereough, Eailinehinsie, and Piddan, Cloherclemyn, Cahirbriagh, Curragh- M'Donogho, Cahircullinagh, Ballinbranagh, Rahetanny, and Kille- bane, containing, by estimation, one hundred and forty acres of land of every kind, part of the lands and possessions of Gerald, late Earl of Desmond, of high treason attainted ; the town of Balligahin, con- taining, by estimation, one small carucate of land, with the appur- tenances, the town and lands of Noghvaile, containing, by estimation, two carucates of land, part of the lands and possessions of Gerald, late Earl of Desmond; the town, village, and hamlet of Ardcanaght, and one quarter of land called Knookernoghtie, with the appurte- nances, part of the lands and possessions of Pynen Duff M'Cor- mocke ; half of the town and lands of Canburren, containing, by estimation, a third part of one carucate of land, part of the lands and possessions of Donald M'Owen Oge Donaghentermen, Der- mot Roe M'Hynen, and Teige Coolre ; the towns, villages, and hamlets of Ballim'choim, Aghevorie, BaUinealigan, Ballinchrossig, Clonegill, Kilcowlie, two tenements in Ratowe, two tenements in Adart, Corballie, Ballinoe, Clonlogher, Ballinvranig, Menevo- rine, and Clonene, containing, by estimation, four carucates of land, part of the lands and possessions of Gerrott PitzJames of Ballim°choin, of high treason attainted ; the town of Pinglas, con- taining twenty acres of land, with the appurtenances, part of the lands and possessions of Donald M'Tirlagh M'Oonnor of Pinglas, of high treason attainted; part of the lands called Balligerrott, near Dowa, containing, by estimation, a sixth part of a carucate of land, part of the lands and possessions of Richard Duff M'James of Bal- ligerrott, of high treason attainted ; a small parcel of land called Meneveg, and half the part of Farrinomoylegan, two tenements in Killurie, a third part called Lissichurrig, and a mortgage of six cows upon one acre of land, and the site of a mill near Rathwirriell, a mortgage of eight cows upon the half Ballinglam, a mortgage of twelve cows upon Graigentlea, part of the lands and possessions of Shane M'Edmond M'Ulliok, of high treason attainted; the town of Cowle containing, by estimation, two carucates of land, part of the lands and possessions of Donell Roe Begg, of high treason attainted; VOL. II. 2 B 2 420 PATENT AND CLOSE ROLLS, [1597. _ ^' the town of Tynny, ■with the appurtenances containing, by estiraa- Eli zabe th. ^\Q^^ ^^^^ carucates of land, part of the lands and possessions of Teige Egatterie of T3mny, of high treason attainted ; the town, villages, and hamlets, with all lands, tenements, and hereditaments of and in Likfavin and Brovore, Letter and Meneclovin, Kilconly and Kilnegolman, Tullimore, Ballinonene, Dirryne and Dromgallan, Donevlan and Moghan, Dirrarahy and Grortescoble, Parrinedmund and Gostescoble, and tenements in Ratowe containing, by estima- tion, two hundred and sixty acres of land of every kind, with the appurtenances, part of the lands and possessions of Shan MacGerot MacGerald, of high treason attainted ; Gortneliny, containing one acre of land, a burgage in Ratowe, and a twelfth part of the com- mon pasture of Ratowe, half the parcel of land called Cloneya, containing four acres of land, Kilkowliekilly containing thirty acres, Plohiriske containing seven acres, two parcels of land called Leveg and Levore, near ArdcuUen, containing eight acres, part of the possessions of the abbey or religious house of Ratow alias Arragace; the village of Menecrie, containing the sixth part of a carucate of land, with the appurtenances, part of the lands and possessions of the .abbey or religious house of Odorney alias Kirialason ; the towns, villages, and hamlets of Gortagas, Killiney, Curramore, Kilmicbell, and Droradagowre, containing, by estimation, five carucates of land of small measure, part of the lands and possessions of Owen M'Donogh Berchie, of high treason attainted, lying in the same county. With all and singular lands, tenements, meadows, feedings, pastures, woods, underwoods, waters, watercourses, weirs, fisheries, commons, furze, moors, marshes, turbary, mountains, liberties, rights, and all other profits, commodities, and emoluments, with all their appur- tenances. To have, hold, and enjoy the aforesaid towns, villages, hamlets, castles, houses, edifices, messuages, lands, tenements, meadows, feedings, pastures, woods, underwoods, waters, watercourses, weirs, fisheries, commons, furze, moors, marshes, turbary, mountains, liber- ties, rights, and all other profits, commodities, and emoluments, with all and singular their appurtenances to the Provost and Fellows of the College, and their successors ; to the sole and proper use and behoof of the Provost and Fellows, and their successors for ever ; as fully, freely, and entirely, in as ample manner and form, and with all such casualties, liberties, privileges, and pre-eminences, cus- toms, rights, commodities, and advantages, as they came to the hands of the Crown, by reason or pretext of any act, statute of parliament, or otherwise, or were in the hands of the tenants, occupiers, or farmers of the Crown, by any right or title : to be held of the Crown in free soccage, and not in capite. The Provost and Fellows of the College, and their successors, paying yearly to the hands of the Vice-Treasurer, or General Receiver at the receipt of the Exchequer, twenty-four pounds ten shillings and nine- pence, lawful money of Ireland, at the feasts of Saint Michael the Archangel and Easter, by equal portions, yearly, for all other rents, services, and demands, whatsoever (saving and excepting only the 1597-] CHANCERY, IRELAND. 421 composition now made, or hereafter to be made) ; viz., out of the six 39 carucates of land, with the appurtenances, in Ballinvire, forty-four Elizabeth, shillings Irish ; out of the fourth part of the town of Drommomarkie four shillings ; out of the eighth part of Brevis and the eighth part of Balliglasse-Ieteragh, four shillings and eleven pence ; out of half the town of Balliglasse-Ieteragh, seven shillings and six pence ; out of the watermill in the town of Killoghtermie, alias Kilwoldmoye, two shillings; out of the two carucates of land in the town of Any, fifteen shillings ; out of the half caruoate of land called " Shiggin's lands," and the site of a watermill called " the Knight's Mill," half of a street or place called "the Knight's street," in Ballingarie, eleven shillings and sixpence; out of the town of Balligean, and one carucate of land near Atherlowe, eight shillings and six pence ; out of the town of Parlnegelagh, containing half a carucate of laud, six shillings and six pence ; out of a carucate of land in the town of Rathcoursey, eight shillings; out of the site, ciroiit, ambit, an12 Irish, with a reservation of thirty pokes of com, at 2s. each peck, for which he was to be allowed 3s. Irish out of the Easter rent; the corn to be delivered in the town of Trim at the Feast of the Purification of the Blessed Virgin, — which lease expired the 19th September, 1596. The tithes of the town of Cookestowne and Ballybyn, in the county of Meath, parcel of the parsonage or rectory of Eatonth in the same county, containing seven couples and a half of tithe of corn in the towns of Cookstown and Ballybyn, parcel of the possessions of the late monastery of Thomascourt ; To hold for 21 years. — Rent £18 13s. /^d. Reynolds covenants to deliver thirty pecks of port corn — that is to say, fifteen pecks of wheat and here malt, and fif- teen pecks of oatmalt, at Trim, on the Feast of the Annunciation of the Blessed Virgin, for which, bringing a bill to the Receiver- General, certifying the delivery of the corn, he shall be allowed £^ Irish^is. for each peck. — Dvhim, Jvly 9, 39°. Membrane 16. 17. Grant to Captain John Newton of the rectory of Rosseshynan, in the county of Kilkenny, with the tithe of all kind of corn and grain of the rectory or parsonage, which is gathered by ten pecks of wheat and twenty pecks of aats of Kilkenny measure ; the rec- tory or parsonage of Kilbeckekillagh, in the same county, with the tithe of corn and grain which is gathered by twelve pecks of wheat and 24 pecks of oats of. Kilkenny measure, parcel of the possessions of the late Monastery of Innystiocke, in the county of Kilkenny ; a garden in the cbiinty of the city of Waterford, demised to Henry Walshe, anbthet garden there demised to Nicholas Walshe, another there demised to Robert Gibbes, another demised to the Preside&t of the cathedral church there, another garden there in the occupa- tion of . . . Cardiffe, another garden there in the occupation of . . . Wis6, afaothier garden there in the tenure of Peter Walshe, another garden there ill the tenure of Thomas Getinit, aiiothet gar- den there in thfe tenure of . . . Sex, another garden there in th6 tenure of James Walshe, a park or close in the tenure of Edmond White, another garden there in the tenure of Robert Ley, another .garden in the tenure of Richard Waddynger, another park or close there, two small gardens in the tenure of Ka,therine Kellen, a garden in the tenure of Margaret Mullen, a meadow in the tenurd of James W^hitoj a park or close in the tenure of John Neill, a small park or close in the t©nurB of Donald Vilketh^ a park or closft iii I597-J CHANCBKT, lEELAND. 42? the tenure of Patrick Lenagh, a garden in the tenure of John Col- 39 linagh, a park or close in the tenure of William Whyte, two small Elizabeth. parks or closes in the tenure of Nicholas Madam, a meadow in the tenure of James Sherlocke, a meadow containing one acre in the tenure of John Caghen, three acres of meadow, parcel of the lands and possessions' of the late abbey of Saint Katherine, near the city of Waterford ; a portion or parcel of the tithe of Carrickenygroghe, with the appurtenances, in the county of Waterford, and parcel of the tithe of Oarrickenigcoghe, in the same county. The rectories or parsonages of Sanknyghte, Tampollonnygh, and Killinglaishe, with the tithe of all kind of " gerbage" (corn) thereto belonging, parcel of the possessions of the late abbey of Saint Katherine, in the county of Waterford ; a house, messuage, or tene- ment with a garden adjacent, in the county of the city of Dublin, in the parish of Saint James, in the suburbs of the city, parcel of the lands and possessions of the late monastery of Thomascourt, near Dublin (advowaons of churches, knights' fees, marriages, re- liefs, and escheats only, excepted); To hold for 31 years. — Rent £19 14s. 2d., and paying and bearing all proxies, sinodalls, stipends of curates, pensions, rents, and services, as well ordinary as extra- ordinary. — Dublin, July 7, 39°. Membrane 17. 18. Grant to John Lie of Rathbride, in the county of Kildare, of the site, circuit, and precinct of the late abbey of Saint Katherine, near the city of Waterford, all the houses and edifices within the precinct, the gardens and appurtenances within the site, a parcel of land, four acres arable, with their appurtenances, in the New- townOj alias Kilgrenie, in the county of Waterfordj and 40 acres arable, 10 acres of pasture, and 2 acres of meadow, in Blabkrathe, in the county of Tipperary, parcel of the lands and possessions of the late abbey; which premises werOj with Others, demised to Elice Butler, otherwise Sherlock, by indenture dated the 17th of March, in the thirty-first year of her Majesty's reign j for 21 years, at a rent of £2 2s. \d. ; — a moiety of the town, village, or hamlet of Kilmorrie, in the county of Meath, near the Blackwater, which con- tains six cottages, six croftSj and 30 acres of arable land, of small measure, with their appurtenances, meadow, common, pastifr^e, and moor, late the possessions of Morrish Walshe, son of Willian^ Waishe; of Teoroghafie, attainted ; excepting all mines, mineralsj advowsons of churches^ knights' fees, marriages, wardships, reliefs, and escheats ; To hold for 60 years. — Rent £2 17s. \d. — Dublin, January 29, 39°. Membrane 18; , ^ 19. Surrendet to the Grown by Edward Loftus of Rathfarnham, in the county of Dublin, and Captain Richard Gifibrd of Ballima- gerrott, in the couhty of Roscommon, of their estatfe, term, and in- terest in the rectories of Baliibogan and Castlejordan, in the county of Meath, the leetories of Killedeiie, in the King's county^ the rec- 428 PATENT AND CLOSE KOLLS, [1597. 39 tory of KilbriJo, in the county of Westmeath, and the rectory of Elizabeth. Krenokedaughe, iu Offaly, with all the tithes, altarages, customs, and commodities. — Janvary 14, 1696. Edward Loftus. Richard Gifforde. Memorandum of Edward Loftus of Bathfarnham, and Eichard GiflFord, having delivered the preceding surrender into the hands of the Lord Archbishop of Dublin, Primate and Chancellor, for the use of the Queen, and prayed that it might be enrolled ad perpetuam rei memoriam. 20. Lease to Edward Loftus of Bathfarnham, and Eichard Gifford of Ballimagerrott, in the county of Eoscommon, of the rectories or parsonages of Ballibogan and Castlejordan, in the county of Meath, the rectory or parsonage of Killederie, in the King's county, the rectory or parsonage of Kilbride, in the county of Westmeath, and the rectory or parsonage of Krenokedagh, in Offaly, with all tithes, alterages, and obventions growing or arising in the town and hamlets of Ballibogan, Harieston, Killeskellynge, Knockeaworde, Kiline, Do- boraghe,Ballikistie, Card istowne, Castlejordan, BallinebrockelljBalli- pochepe, Killadorie, Doyne, Loughton, the moiety of Balliowan, Castle- warnaghe, Moilchoughe, Loughlackinge,Tibberdalagh, Kilbride, Gre- nekedagh, Ballicorbit,Thoraaston,Do wynclonam, Killunagh, Kilbride, Carrowgon, Killene, and Clonemore, with all their appurtenances, all which were parcel of the late monastery of Ballibogan, in the coun- ties aforesaid ; To hold a moiety or halfendale of the rectories and parsonages to the said Edward Loftus, his executors and assigns for the term of 21 years; and to hold the other moiety to the said Eichard Gifford, his executors and assigns, for the term of 2 1 years. — Eent £20 ; and rendering for the first two years and a half, accord- ing to the demise of the premises lately made to Peter Bowder, forty pecks of sweet and sound corn — that is to say, 20 pecks of wheat and here malt, and twenty pecks of oat malt, at or before the Feast of the Purification of the Blessed Virgin, in the town of Trim, in the county of Meath.— Z>M6/m, January 15, 39°. Membrane 20. 21. Surrender to the Crown by Francis Shean of Ballymore, in the county of Westmeath, of his interest and term in the monastery and priory of the Blessed Virgin Mary of Clarie, alias Loughsewdie, with all messuages, lands, tenements, rectories, tithes, and heredita- ments, spiritual and temporal. — July, 5, 39°. Membrane 21. 22. Demise from the Crown to Francis Shean, of Ballymore Lough- sewdie, in the county of Westmeath, esq., of the site, circuit, ambit, and precinct of the late monastery or priory of the Blessed Virgin Mary of Clarie, alias LoOghsewdie, a mined church, a small belfry of stone, a ruined dormitory, a hall, three lofts or chambers, and a IS97.J CHANCERY, IRELAND. * 429 kitchen, in all containing one acre, of great measure, parcel of the _ 39 site ; a carew of land, commonly called Olonibane, with the appur- El izabe th. tenances, containing 120 acres of arable land and meadow, of great measure, parcel of the possessions of the priory ; four cartrons of land, called Pairrennecrosse, otherwise Crosse lands, in the country of Bravyn O'Brien, near Athlone ; four other carews of land, and the tithes in Calliaghtowne, and all houses and buildings thereon, all which are situate in the county of Westraeath ; three cartrons or one carew, in the country of O'Quyn, in the Annaly, viz., one cartron called Aghonmore, one cartron called Aghownehagh, and the other called Aghonfrey, a wood called Kellenevrony, a parcel of land called Sraghfiner, a cartron called Taghsinate, in Thannaly (the Annally), three cartrons in Sare, a great orchard near thesite of the monastery, four tenements near the site, seven acres of meadow called Boggane-more-ne Clarie, and 7 acres arable, with the tithes, called Clomecorre ; and two acres called Pallis- more; one acre called Acre-re-croghnen, alias Roodland, all which are parcel of the temporal possessions of the late priory, in the county of We'stmeath, in the country of the Annally, now called the county of Longford ; the tithes of the rectory of the parish church of Moyagher, with the appurtenances, in the county of Meath ; the tithes of the rectory of the parish or chapel of Saint Patrick, near Noyvore, and the glebe, near the rectory, in the county of West- meath ; the tithes of the rectories of the parish churches or chapels of Sroner and Killokannocke, Cloynegise, Kilnesye, Ballymacor- micke, Moygone, Taghsmate, Taghsmewe, Kilglasse, Saint Michael's, and Rathrewghe, all which are parcel of the spiritual possessions of the said priory, in the counties of Meath, Westmeath, and the country of the Annaly ; To hold from the ist of May, next before the date of this lease, for the term of 86 years. — Rent £26 16s. i i|d-, and a further increased rent of £8. — Dublin, July 13, 39°. 23. Demise from the Crown to the Earl of Essex and Ewe of the manor of Evon, wherein is a fair hall, a stable, kitchen, and other rooms, an orchard, watermill, 120 acres arable land, 60 acres pasture, 30 acres meadow, parcel of the demesne of the manor ; 60 acres meadow, lying between the bridge and the house of Evon, on this side of the Barrow ; three messuages, 6 cottages, 220 acres arable land, 40 acres pasture, and 20 acres meadow, in the town of Evon ; 50 acres arable, 15 acres pasture, and 10 acres underwood, in Kilroshaglen ; 50 acres arable, and 15 acres pasture, and 10 acres underwood, in Graunge Ore ; 50 acres arable, ig acres pasture, and 10 acres underwood, in Glangae ; 50 acres arable, 15 acres pasture, and 10 acres underwood, in Klonekerillen ; 50 acres arable, 15 acres pasture, and 10 acres underwood, in Sramolaghan; 50 acres arable, 15 acres pasture, and 10 acres underwood, in Grange M'Gilpatricke ; 220 acres arable, 60 acres pasture, and 30 acres wood and underwood, in Oghill j 50 acres arable, 20 acres pasture, and 30 acres wood and underwood, in Clonyfideragh, alias Disertan; 50 acres arable, 20 acres pasture, 350 acres wood and underwood, in Killewerke ; 50 acres 430 PATENT AND CLOSE EOLLS, [1597. 39 arable, 20 acres pasture, 200 acres wood and underwood, in Clone- Elizabeth, kyne ; 30 acres arable, and 10 acres pasture, in Isawhtowne, and all the tithes and alterages of the before-mentioned lands, parcel of the possessions of the manor of Evon : — woods, underwoods, and all mines found or to be found on the premises excepted; To hold from the date of this present lease, for the term of 21 years. — Rent ^60 13s. 6d. ; and the Earl covenants to keep up and maintain the house of Evon with slate, thatching, and mud-walls, and all other reparations necessary for its maintenance ; and the Lord Deputy, or other governor of the realm, shall have the house of Evon, with the great stable (one lodging for the Earl only excepted), so often as it shall please him to lie there. — DvMm, Jvly 13, 39°. Membrane 22. 24. Demise from the Crown to John Eustace of the rectory or church of the Narraghe, with the appurtenances, in the county of Eildare,and all the tithe of corn and hay of the rectory which is yearly gathered in the town and lands of the Norragh, Clashell, Blackratb, Inchemaquin, Ballicrooke, MuUaghmaste, Skerney, Ballyborne, Kilvid, Ballioughoulde, Graunge, Ballidromen, and Ballinsparte, in the county of Kildare — the tithes and alterages due to the vicar excepted ; — the tithe sheaves of all lands and tenements belonging to the late house of friars minors, otherwise called the Gray Pri'ars, of Clane, in the county of Kildare, a messuage, with a garden, 7 acres arable of great measure, contaifaing 21 acres of standard measure, and four acres of pasture, lying waste in the village of Carne, parcel of the possessions of James Eustace, late Viscount Baltinglas, attainted; a messuage, with a garden, 15 acres arable of standard measure, and 4 acres of pasture, lying waste and uninhabited in the village of Oughterarde, in the county of Kildare, also parcel of the possessions of the late Viscount ; 20 acres arable, without pasture, meadow, and wood, late in the tenure of John Parker, in the village of Tipper- kevyp, in the county of Dublin, also parcel of the possessions of the late Viscount; — ^all mines or minerals found or to be found on the jiremises excepted ; To hold for 21 years.— Rent £34 xos.—Dvhlin -June II, 39°. Membrane 24. 25. Livery of seisin of the possessions of Christopher de Saint Lawrence, Baron of Howth, to Nicholas de Saint Lawrence, his son and heir. — Dublin, Feb. 2, 39°. 26. Grant to Thomas Ashe of the custody, wardship, and marriage of David Bourke, son and heir of Oliver Bourke, of Limerick, deceased Dvblin, May 10, 39°. 27. Grant to Thomas Ashe of the custody, wardship, and mar- riage of Edraond Blanchvile, son and heir of Gerald Blanchvile, late of Bianchvileston, in the county of Kilkenny, deceased.— i?«6«w, May 10, 39°. 1597.] OHANCBRY, IRELAND. 431 70 Membrane 25. ^,. •" ^, , ■ , ... , Elizabeth. 28. Grant to William Geough of the custody, wardship, and m?,r- .^_ riage of Katherine Lincoll, daughter and heiress of Williain LincoU, late of "Waterford, merohanf.— Iht&Kw, June 9, 39°. 29. Grant to James Ware of the custody, wardship, and marriage of Gerald, son of George Ailmer ; it appearing by inquisition taken at Dunboyne, in the county of Meath, the 20th of January, in the 39th year of her Majesty's reign, that Edward Gusack, late of Les- mollen, in the same county, was seized in his demesne as of fee of the site, ambit, circuit, and precinct of the late abbey or monastery of Trim, and of two parcels of land, called Porchfielde, containing, by estimation, 60 acres, near the precinct of the monastery, worth by the year, over reprises, 60s. ; and of the site, ambit, and precinct of the late house of friars, called the Black Friars of Trim ; and of 100 acres of land in Trim, with other messuages, tenements, and hereditaments, parcel of the monastery, worth by the year, over reprises, £5 ; of a small park, called the King's Park, or the park of Trim, containing 80 acres, worth by the year, over reprises, £4 ; a church or chapel prostrate, callea the Maudlin's Chapel of Trim, and 20 acres arable, worth by the year, over reprises, 40s. ; three messuages, three gardens, a pigeon-house, and a small orchard in Trim, worth by the year, ov8r reprises, los.j and being so seized by indenture, dated 8th June, 1581 — to the jurors produced in evidence — he enfeoffed George Ailmer, of Clonecurrie, of all the said lands and hereditaments ; To hold to him and his heirs male ; by virtue whereof George entered into possession, and was seized thereof in his demesne as of fee tail, and died so seized, the 26th December, 1582 ; Maria Hussey, his widow, entered into posses- sion of the premises, and received all the profits as her dower or jointure : she died in three or four years after George : whereupon Edward Cusacke took and enjoyed the rents and profits of the pre- mises belonging to the abbey or house of the Blessed Virgin, until he conveyed all the premises to Sir Luke Dillon • the Lady Marion DiUon, widow of the said Sir Luke, hitherto received the rents of the abbey ; and Edward Cusack, from the time of the death of Mary Hussey to his death, took the rents and profits of the rest of all the premises ; and James, son and heir of Luke Dillon, claims all the possessions and lands belonging to the abbey of the Blessed Virgin : — it was also found, that all the lands and premises were held of the Crown in capite by military service ; that Gerald Ailmer, of Castletowne, was son and heir of jSeorge Ailmer, deceased, and was of the age of nine years at tb^ time of the death of hip father. — Dublin, May 21, 39°. 30. Grant to Richard Griffen of the custody, wardship, and mar- riage of John White, son and heir of Walter White, late of Ball- regan, in the county of Louth.— i)M5Zin, J/ay 21, 39?. 432 PATENT AND CLOSE ROLLS, [1597. Elizabeth ^^'- ■'^'''®"*'^ *" ^" "William Clarke, one of the royal pensioners ■ or stipendiaries, to absent himself from Ireland for one year.— Dublin, May 3, 39°. 32. Licence to Richard Cooke, Chancellor of the Exchequer, to absent himself from Ireland for six xaont\s.—DvJblin, May 21, 39°. 33. Presentation of William Coe to the perpetual vicarage of the parish church of Kill, in the diocese of Kildare, vacant, and in the disposition of the Crown, pleno jure — Dublin, May 3, 39°. Membrane 27. 34. Licence to William Rian to alienate to Milerns, Archbishop of Cashel, the site, ambit, and precinct of the late monafetery or house of Franciscan Friars of Killahie or Kilialy, with its appurte- nances, in the county of Tipperary, which had been granted to Dermot Rian by patent, dated 7th November, in tlie 35th year of the reign of Henry the Eighth.— Z>t- Signed, Pa. Liksnawe. Thos. FitzMorishe. H. Wallop. Anthony Sentleger. March I, 1596. Alembrane 4. 51. Bond whereby Thomas FitzMorishe, of Ballibonany, in the county of Kerry and Desmond, son and heir of Patrick, Lord Baron of Licksnaw, is hound to Maurice Stacke, of Balliloghrane, in the sum of £300. — March i, 1596, 39°. Condition of the preceding bond. 52. Memorandum of Richard Boyle on the 4th April, in the 39th year of her Majesty's reign, having appeared in Chancery, and pro- ducing the deed next hereinafter mentioned, before the Master of the Rolls, prayed that it might be enrolled. Conveyance whereby Robert Bisse and John Dongan, of Dublin, sold and conveyed to Annable Browne, late wife of William Apseley, and now wife of Thomas Springe, the churches and chapels of Asketon, Kilmaho, Lismikry, and Egglishe Grossie, with all their appurtenances, in tlie county of Limerick, parcel of the possessions of the late abbey of Kenshane, in England, which had been granted by letters patent, dated 12th August, in the 24th year of her Ma- jesty's reign, to Gerald Aylmer : To hold for the term in the letters patent expressed, if the said Annable should so long live ; paying to the Queen all rents and other charges reserved by the patent, and maintaining and repairing the parish churches. — Dec. 14, 27°. Membrane 5. 53. Conveyance whereby William Taaffe, of Bonemeddan, in the county of Sligo, in consideration of the sum of £500, granted and conveyed to Thomas Sprynge, certain letters patent, granted to him the said Taaffe, dated the 2nd of September, 1596, in the 38th year of her Majesty's reign, of the monastery, priory, or house of Can- nons of Inchvickryny, with the site, circuit, and ambit thereof, all churches, chapels, parsonages, rectories, vicarages, ad vow- sons, donations, presentations, tithes, alterages, oblations, hamlets, messuages, lands, weirs, fishings, wrecks of the sea, with the customs and emoluments thereunto appertaining, and all his estate, right, title, and interest to the priory and all its possessions ; To hold for the term of 30 years, being the term specified in the patent, paying the sum of £39 19s. g\d. Irish — Oct. 2, 38°. Membrane 6. Elizabeth R. 54. The Queen to the Lord Deputy. "Right trusty and well 438 PATENT AND CLOSE ROLLS. [1597. 39 beloved, we greet you well ; letting you wit that, for certain good Elizabeth, considerations, we are determined to let to farm, for certain years, to our trusty and well beloved servant, Hehry Broncarde, the customs and subsidies of wines that shall be hereafter brought from foreign parts into Ireland ; and therefore will and command you to make to our said servant and his assigns, a grant or demise for the term of 12 years, of the said customs, subsidies, and imposts, growing unto us of all kind of wines, during the said term; yielding a rent of £2000 ; for the sure answering and payment of which we will you to take of him, good and sufficient bonds, with sureties j in- serting such covenants in the demise as to you shall seem requisite ; which demise shall take beginning from the feast of Saint Michael last past; with this proviso, that if any breach of the intercourse between our realms of England and Ireland, and pur dominions and the dominions and countries of the French King, or the King of Spain, happen at any time, during the term of 12 years, whereby the trade of bringing in of wines into that realm should be im- peached, sp as less quantity be brought in, in that case Broncard shall be accountable unto us, only upon his oath, and so to be charged to answer us." — Feh. 18, 1S96, 39°. Elizabeth R. , 55. The Queen to the Lord Deputy and Council. " Trusty and right well beloved, we greet you well : upon the humble suit of the Lady Florence Herbert, widow, and Marie, her daughter, being moved to take some commiseration of their present state, we have received information from our Privy Council, that they directed their letters, by our commandment, to you for redresse thereof; answer was returned, that the order therein taken by them cannot sufficiently warrant you for the passing of what is required by their letters, but that they must have recourse to our further grace and favour, to be expressly signiied unto you, by our own letters written to you on their behalf; and therefore, whereas we heretofore granted to William Herbert, knight, the Seignory of the islande of Kerie, in that our realme, and that as well by reason of a survey thereof taken in his absence, as also of divers parcels of land by law recov- ered by the iTishrie and clergie within the same seignorie, the Lady Herbert and her daughter^re charged with a rent far exceed- ing the number of acres which tliey possess : you shallunderstand that we are now pleased, and hereby do will and authorize you, ac- cording to the letters of our Privy Council, dated the 4th of July, 1594, to make a new.survey, at their charges, of the whole Seignory, and also with the advice of our learned Council, our letters patent be again renewed to the heir of the said Sir William Herbert, '■' knight in such sort, that care be likewise had that the heires in generall of the said William be not hereafter defeated of their right and interest therein, and that .thereupon an abatement may be made for so much land as shall be found wanting or evicted out of the said Seignory, reserving rent unto us proportion'ablj^, accord- ing to the numoej: bf acres there to be found, and no more'; and fur- fS97-] CHANCERY, IRELAND. 439 ther, onr pleasure is, that if there be any lands eschaeted, adjuininge 39 to the Seignory of the islande, not yet granted to any under- Elizabeth, taker, you likewise cause a grant, according to the usual form of passing those lands, to be made unto them of so much thereof as they shall like or accept of, and the same to be added upon the new survey so taken in lieu of the other lande wantinge or taken from them, according to the tenor of our Council's letters formerly written unto you iu that behalfe, which we will you to reviewe, and therein to followe our direction given you, for their relief and satisfaction, as ourselfe was heretofore and doe still continue gra- tiously minded towards them." — Qiven under our signet, at our Palace of Westminster, the loth day December, 1596, in the 39th year of our reign. Memorandum of John HoUice, gent., on the 20th April, in the year aforesaid, having come before the Master of the Rolls of Chancery, and producing the preceding letter, prayed that it might be enrolled, which was accordingly ordered. Signed, A. Sentleger. Elizabeth R. 56. The Queen to the Lord Deputy and the 'Lord Chancellor. " Right trustie and well beloved, we greet you well : we are pleased'' to grant to our right trustie and well beloved, the Baron of Delvin, his heirs and assigns, in fee-farm, our castles, manors, lands, tene- ments, tithes, and other hereditaments whatsoever, which shall be found by office (inquisition), or other sufficient matter of recorde, to have been the possessions and lands of such persons as have been slayne in actual rebellion against us, sithence the twentieth day j of June, in the five-and-thirtieth year of our reign^ or of such / rebels as hereafter shall be attainted for like cause, and situate / in the country of Breny, called the countie of Cavan, or in the / countrie of the Anally, called the countie of Longforde, or in both, amounting to the cleare yearly value of one hundred pounds of lawful money of England, at the choice of the Baron, his heirs and assigns, if the same shall be by you thought meete to be passed from us, and not found fit to be reserved in our bands for the use of any garrison or fortification ; according to such rents, compositions, and services, as the premises shall appear to have been heretofore helde of us, if any suche shall be founde upon the records of our Exchequer, or else upon reasonable survey to be taken for us, ac- \ cording to the course of our Exchequer in like cases; .wherefore j our will and pleasure is, and we do authorize and require you when j the Lord of Delvin, his heirs or assigns, or any for him or them \ shall bringe unto you any note or notes of any such lands or here- ' ditaments in the counties of Cavan and Longford, then ye shall give ^ him, bis heirs and assigns, means, from time to time, to have the \ just particulars thereof at the hands of our auditor there ; and thereupon cause, by advice of our learned Council, one or more ^V 'h 44° PATENT AND CLOSE ROLLS, [1597. /^ 39 1 books of 80 much of the castles, manors, lands, tenements, tithes, Elizabeth, and hereditaments, as shall amount to the value of £100,- current money of England, in the counties of Cavan and Longford, to be granted from us, our heirs and successors, in fee-farm, to the said Lord of Delvin, his heirs and assigns for ever, by letters patent under our Great Seal of Ireland ; reserving to us, our heirs and successors, such rents, compositions, and services yearly, as shall be founde by office, survey, or recorde, to have been hereto- fore paid, or to be hereafter meete to be reserved for any of the said lands and hereditaments, proportionably to the quantity of the lands and hereditaments, unto us or our predecessors ; To be holden of us, our heirs and successors, by knight's service, in capite ; with a provisoe to be inserted in such letters patent of the lands to be made to the Baron, that he shall not alienate them, or any part of them, to any of the meere Irishrie or others, who shall not be of English descent ; and also we require you, our Council, the Barons of the Exchequer, and all other our officers, to whom it shall appertain, to further the Baron, his heirs and assigns, in the expedition of this our grant : further, for that we have been advertized by you of the chargeable and valorous service of the Baron, during the late rebellion, and of his sufficieucye therein to do us service, and as we understand from him, that for the prosecution of the rebells, which we intend, our forces must be used and em- ployed in his country, we do, therefore, thiuk it fit, and so require you, that of our forces which shall be in our pay, some parte may be assigned to his charge and governmente, either of horse or foote, as you, with the advice of our Council, shall find to be answerable to his degree, ability, and good deserte." — Palace of Westminster, I May 7, 39°. I Memorandum of the Lord Baron of Delvin, having on the ist of I June, in the year aforesaid, come before the Master of the Rolls, and \ having prayed that the preceding letter should be enrolled, it was accordingly ordered by — A. Sentleger. Elizabeth R. Membrane 7 . 57. The Queen to the Lord Deputy and the Lord Chancellor. " Right trusty and well beloved, we greet you well : where by your letters of the 20th of December last, unto our Privy Council here, in the behalf of the Provost and Fellows of Trinylie College, by Dublin, you certifie us, according to our former letters of t»e 17^11 of October, 1595, concerning that matter, of certain parcels of lands found by their travail as concealed, whereof some, belong to the late Earl of Desmond, and to other persons atteynted ; praymg our allowance for the passing of the same, under the Great Seal oi Ire- land, to the Provost and Fellowes of the College; there bemgdoubte made whether the words ' of lands concealed and wrongfullie de- teigned,' mentioned in our former letters, be sufficient warrant tor the passing of such lands ; we let you understand, that of our I597-] CHANCERY, IRELAND. 441 princelie and especial grace and favour, we are well pleased, so far to 39 enlarge our royal bounty for the advancement of the College, and Elizabeth, our pleasure is, that unto them shall be granted and passed, under our Great Seal of Ireland, all the several parcels of land by you now certified, amounting to the yearlie value of eigliteene pounds or thereabouts, upon sight of these our letters ; the former doubt not- withstanding. " And alsoe we do, of our like bounty, grant unto the Provost and Fellows, and their successors, so much more of our other lands, rents, tenements or hereditaments, wherennto we have right or title, by attainder or otherwise, which have been and are concealed or wrongfiiUie deteigned from us, and whereof no office or survey re- mayne in any of our courts for tlie certain findinge thereof, or the rents, issues, and profits have been answered unto us, by their means shall be revealed, till the full value of £100 by the year be made up, granted, and assured unto them : further also, we are well pleased that, as well the lands and hereditaments already certi- fied as aforesaid, as all other lands intended by these our letters to be passed, shall be granted and conveighed to them under our Great Seale of Ireland, without any further certificate thereof to be made by us, our heirs or successors, or the Privy Council, in the land, according to your requeste in the College behalfe, which we have grationslie granted, relying upon the good care you promise to have therein, that noe great inconvenience may arise thereby," and that our subjects there may not, by any occasion thereof, have just cause of grievance and complaint. " To have and to holde all the lands, as well presentlie to be passed as at any time hereafter, to the said Provost and Fellows, and their successors, for ever, of us, our heirs and successors, in fee-farm, in free soccage, and not in capite, according to our direction by our former letters, which our meaning and will is, not to abridge in any tbinge, tending to their benefit, but to confirme and enlarge, by these presents ; for your doings wherein, according to this our pleasure, these our letters (notwithstandinge any want or insufficiency of words or other clause of warranty to be inserted herein and are omitted), shall be as well unto yon, our Deputy and Chancellor now being, as to any other Deputy or Justice, Chancellor or Keeper of our Great Seal of Ireland, that hereafter for the time shall be, and to any other officers and ministers of that realme to whom it may appertain,sufficientwarrantand discharge." — Westminster, 2Iai/ J, 29- Memorandum of Walter Travers, Provost of the College of the Holy and Undivided Trinity, near Dublin, on the 7th of July, in the year aforesaid, having come before Sir Anthony Sentleger, Master of the Rolls, and producing the preceding letters patent, prayed that they might be enrolled, at whose request they are enrolled accordingly. Elizabeth E. 58. The Queen to the Lord Deputy : — " Prom some of our Counsel we have received good information of the service of Captain Edmond 442 PATENT AND CLOSE BOLLS, [1597. 39 Barrett, and that at such time, as he was with the rebels there, he Elizabeth, yielded good proofs of I'is dutiful tneaninge towards us, soe we thynke him worthie of reward by waye of pension, which hereby we will and require you to bestow upon him, as soon as any shall fall void, not exceeding 2s. 6d. a day ; others being first sped who have our letters of former date for the like grant unto them." — Greenwich, June 4, 1597, 39°. Memorandum of Edmund Barrett, of Erris, in the county of Mayo, on the 6th of September, in the year aforesaid, having come before the Master of the Rolls, and producing her Majesty's letter next preceding, prayed that it might be enrolled, at whose request it is enrolled accordingly. Membrane 8. 59. The Queen to the Lord Deputy and the Lord Chancellor :— " Heretofore we granted to Thomas Le Strange, knight, deceased, two several leases for years of our priory of Clary, alias Lough- sewdy, with all the members and appurtenances thereunto belong- ing, lying in several counties, the interest of which leases our well- beloved subject, Erancis Shane, now hath, together with a third lease by us since granted to hymselfe ; which leases having been taken to be insufficient in law, one Edmond Barrett, by colour of a grant of concealed lands made unto him, by virtue of certain letters written thither in that behalf, hath passed in fee farm, by fraudulent means and wrong suggestions, certain rectories and lands belonging to the priory, by reason the county was mistaken in the leases ; which grant in fee-farm so made unto Barrett is, notwithstanding, thought to be insufficient by the opinion of our two Chief Justices and our Attorney-General here, who have con- sidered the case and the particulars thereof; for the rectories and lands were neither concealed nor wrongfuUie deteigned, as Barrett suggested, and was whoUie done contrarie to our expresse meaninge in the letters that we wrote for him in that behalf, whereby we meant no other lands should be passed unto him but such only as we received no rent for ; of which great abuse to us, being greatly to our prejudice, we have heretofore willed our Privy Connsell here • to advertize you, and to cause the same to be punished in the par- ties that were any way to be touched therein, so we do will you to take knowledge thereof by these our own letters at this time, to the end to see the same duly punished ; and withall to have special care that the like fraude or abuse be not hereafter committed. " Wherefore, for the better establishinge and fortifying of the said Shane's interest in the priory and the possessions thereof, and in regard of the great losses sustained by him, as we are informed, through the great spoils done upon his goods and livings by the rebels, and of an increase also of six pounds sterling yearly rent, more than hath been given heretpfoy^ offered by hin^ to be paid unto us, we are pleased to grant unto him a new lease, with sulfeient words, of the said priory, with all such members and appurtenances 1597-3 CHANCERY, IRELAND. 443 thereto belouging as were enjoyed or holden by the said Le Strange 39 and Shane, or either of them or their assigns, by means or colour of Elizabeth. the leases, lying in the counties of Meath, Westmeath, Longford, the country of Annaly or in any of them, for so many years as are yet unexpired, and without fine, for the yearly rent in them reserved, adding thereunto the sum of £6, Jor the increase of the same yearly rent. " Wherefore, when Francis Shane, or any person for him, shall re- quire such a lease to be granted to him of the priory or the premises belonging thereto, in the counties and places aforesaid, our will and pleasure is, that you shall give him your direction to have the just particulars thereof, at the hands of our officers to whom it appertain- eth, and thereupon to take order that he may have a new lease there- of, in sufficient form of law, for the full assurance to the said Shane, from us our heirs and successors, unto him and his heirs, for so many years as remain yet unexpired in the aforesaid leases, with reserva- tion of the yearly rent, (the £6 for the increase thereof being added thereunto), and with such clauses and covenants as in like cases are accustomed ; the same to be passed and delivered to the said Francis Shane, under our great seal, according to our gratious meaning to him, which we desire shall be expounded with favour to his benefit." — Westminster, April 2, 1597, 39°. 'Memorandum of Francis Shane, on the 9th of June, in the year aforesaid, having come into Court, and producing the preceding letter, prayed that it might be enrolled, at whose request it was enrolled accordingly. Membrane 9. 60. Grant to Sir Henry Harryngton, knight, of the office of Senes- chal and Chief Ruler of the whole country called " O'Byrne's countrie," in the county of Dublin, and of the countries following, that is to say, Culranell, le Fertur, Forcullen, Glancapp, and Omaile, and of the people and inhabitants of those countries, of what estate, degree, or condition soever they be, with all such rewards, rights, profits, ad- vantages, commodities, pre-eminences, casualties, and duties, as any other captain or ruler of the country and people heretofore hath been accustomed to receive and take from the inhabitants of the country — (such commodities and reasonable duties as heretofore have been rated and allowed to Teig Oge O'Byrne, now claiming (o be chief of that name, to him, the said Teig Oge, during her Majesty's pleasure, only excepted) ; and her pleasure being therein deter- mined, then the said commodities and duties to devolve and remain with the said Sir Henry, in right of her Seneschal or ruler of the country of the Byrnes. Toehold and occupy the office of Seneschal and Chief Ruler, with all rewards, rights, casualties, and customs, to the said Sir Henry, by himself or his sufficient deputy, during his natural life, in considera- tion as well of his good service, which manifestly appeared by the loss of bis blood, his hurts and maims, as also that from henceforth 444 PATENT AND CLOSE KOLLS, [1597. 39 lie means to keep the office and discharge the duties at his own Elizabeth, charge, without any allowance or entertainment from her Majesty, and defend and protect the country within his rule. He shall have power to assemble the gentlemen, freeholders, and inhabitants residing in the country, of what profession, nation, de- gree, or condition soever they be, and charge and command them to do every service and thing contained in the schedule of instructions annexed, and which shall be devised for the defence of the country, the public weal of the inhabitants, suppression of the rebels, and punishment of malefactors. He shall have permission to hear all causes, controversies, and quarrels arising between the inhabitants or others within the terri- tory, and see the due execution and satisfaction of all matters and causes by him or his deputy determined and done, in any place within the country. He shall have power to prosecute, invade, chase, withstand, punish, correct, in body, lands, and goods, by fire and sword, and all other ways and meaus,all rebels and malefactors of her Majesty's crown and realm, of what nature, state or condition they be, their followers, ser- vants, adherents, and all those who openly or secretly shall, from henceforth, succour, support, comfort, maintain, assist, defend, en- courage, embolden, or in any manner afl^ord refuge to the rebels or malefactors, or receive any of their goods in the country. Charging and commanding all officers, ministers, and persons of whatever dig- nity, ministry, or vocation, dwelling or residing in that country, or . who shall have ought to do, travel, or pass in or through the same, and all other persons whom the premises ordinarily or casually con- cern, to be aiding, intending, and always obedient to the Seneschal, his deputy or deputies, and all officers by them authorized in the execution of the premises, as they will answer to the contrary at their peril. — Castle of Dublin, Nov. 23, 22°. INSTEUCTIONS APPENDED. First, you shall cause proclamation to be made, that no idle per- son, vagabond, or masterless man, bard, rymer, or any other noto- rious or detected malefactor, doe haunte, remayne, or abide within the limits and bounds of your authoritie ; but that he departe within eight daies next after the proclamation made, upon paine of whip- ping, or other such sharp correction as you shall, in your good discre- tion, appoiute ; and if any such person or persons, after proclama- tion so made, shall continue by the space of twenty days after and avoyde not, that then it shall be lawful f«r you, by virtue of this com- mission, to execute him marshallie.W W On the Patent EoU of the i6th James I. is a proclamation reciting a late order for disarming the kernes, and prohibiting persons travelling from carrying any arms except a sword and dagger, and all travellers on foot from carrj-ing any whatsoever ; ordering all the King's officers to imprison all persona transgressing this command — to search for arms every two or three months ; gentlemen of the pale with their servants, merchants, and other good and lawful subjects in the provinces and remote parts, as the Lord Deputy shall name, being excepted. 159?.] CHANCERY, lEELAND. 445 It shall be lawful for you, after notice and proclamation made for 39 the avoiding all such person or persons out of the limits of your Elizabeth, authority, to take and apprehend all such persons as support and maintain them, seize their goods, put them upon good and sufficient inventorie, and certifie the Lord Deputie or other governor, from time to time, to the end they may take such further order as in their discretion they shall thynk convenient. It shall be lawful for Sir Henry Harrington, during the tyme of his prosecution of the malefactors, to take meat and drink for horse and man in reasonable sorte, so that he remain not longer than one night in one place, and oppress the country as little as need be. Pinallie, we give you. Sir Henry Harrington, power and authority to punish, in your discretion, any person or persons that shall be detected unto you, to be of unhoneste behaviour, by prison or other ways, and to bind them to the observation of the peace and good behaviour hereafter. Membrane 10. 61. Memorandum that John Everard, on the 6th June, in the year aforesaid, came into Court before the Master of the Rolls, and producing the following commission, prayed that it might be enrolled, at whose request it is enrolled as follows. Commission to John Bishop, of Limerick ; Robert Roth, of Kil- kenny; John Everard, of Pethard; Helie Shee, of Kilkenny; Henry Shee, of the same place ; Geoffry Galwey, of Limerick ; and George Sherlock, of Caher ; to inquire what lands and tenements Gerald Blanchvilde, late of Blanchvildston, in the county of Kil- kenny, and Oliver Bourk, late of Limerick, held in capite, as well in demesne as in service, — their value in all issues over reprises, and who were the next heirs of the said Gerald and Oliver. — Dublin, April 19, 39°. [yAe Inquisition consequent on the preceding commission is not to be found on the Patent Roll, but it is preserved am,ongst the miscellaneous records of Cliancery. The following is a note of its contents: — It was taken at the city of Kilkenny, on the 2$th May, in the ^g/h year of her Majesty's reign, and finds that Gerald Blanchvilde died at Blanch- vildston, on the 6th April, in the ^6th year of her Majesty's reign; — that Edmond Blanchvilde is his son and heir, and aged 9 years; — that Gerald, about 26 years since, enfeoffed Walter Butler and David Blanchvilde, their heirs and assigns, of the manor and lands ofBlanch- vildstown, Ballintevery, Madockstown, a moiety of Bennets bridge, Kilmodunog, Demcloghin, Clareghttmple, Carren, Stantons fidd, Blanchvild's lands, near Fennellshill, Smythstowne, and Tredens- towne, to the use of the said Gerald for life ; remainder to the use of Leonard, his son and heir, and his heirs male ; remainder to James Blanchvilde and his heirs male, remainder to Edward and his heirs male, remainder to Gerald and his heirs Tnale ; by virtue of which 446 LATENT AND CLOSE ROLLS, [1597. 39 feofment Walter Butler and David Blanchmlde, became sdied of the Elizabeth, premises, and being so sdzed, Walter Butler died, leaving David, him surviving — subsequently David died ; on whose decease the landi and premises descended to Leonard, son and heir of David Blanchvilde; Leonard thus became seized for the use of Edmond and his heirs male ; Leonard, son of Gerald, and James and Edward Blanchvilde, died withovi heirs male The town and lands of Mothell are hdd, in capite, hy the service of one hnighi'sfee. Gerald, at the time of his death, was seized in fee of ^ acres, parcel of Mothel, and died so seized, when those lands descended to Edmond, and were held of -the Queen, in capite, hy knight's service. Gerald was also seized infee of the town and lands of Gourruiboghely, which had been mortgaged to Robert Walsh, late of Gastlecowlen. — On the death of Gerald the lands cam^ to Edmond. Gerald was also seized of the town and lands of Blanchardstowne, Ballenter, Mad-ogs- towne, a moiety of Berinets bridge, Trad&nstowne, Kilmodimog, Derry- loghin, Glaraghtemple, Aghnylark, Farren O'Rian, Smithstowne, and Whitestown, held of the Earl of Ormond, of his manor of Gauran, by a certain rent and service ; and held the lands of Garin and Stauntonsfield, of the Bishop of Ossory, as of his manor of Logh. Being seized of Blanchvildsland, near Fenershill, Gerald, by his deed dated ^th May, 1572, demised those lands for 21 years, to William Shee and Margaret Walshe, and which were held of Philip Purcel, as of his manor of Kilmolog. Gerald was also seized of the lands of Park, which at the time of his death, and tiow are, in the possession of John Butler; he was also seized of a message and garden in Kilkenny, as of fee, and of a message and i \ acres of land, in Gauran, which Edmond Blanchvilde held by demise, under the Duke of Ormond, by burgage tenure, as of the manor of Gauran; he was also seized of Blanchvildstowrl, in Higginstowne, as of fee, and it was in the possession of Richard Archdeakin, at the time of his death ; he was also seized of a croft in Glanegh-temple, and died so seized ; the croft being held of Nicholas Shortall, as of his manor of Glarraghin.'} , Membrane 15. 62. To the Right Honorable the Lord Chancellor. — Petition of Thomas PitzGerald, of Lackagh, in the county of Kildare, esq. " Whereas Petitioner is lyneallie descended in legitimate and lawful matrimony from Thomas, sometyme Earle of Kildare, that is to say, son and heir to Sir Morish, son and heir to Thomas, son and heir to Sir Morishe, son and heir to Sir Thomas, second son to Thomas, Earl of Kildare; which said Thomas had issue Gerald, his son and heir who had issue Oliver; which said Oliver did take away Meawe ny Cbnnor, daughter of Caher O'Connor, chief of his name, she then being lawful wedded wife of Shane M'Hugh Og O'Mulloy, by whom she had a good issue of children ; that notwithstanding, he the said Oliver, after he had taken her away, kept her as his concubinp, untill he begatt upon her, three scms in adulterie, namely, Henry, Thomsts, and Gerralde ; her husband, Shane M'Hugh, living then and after, 1597.] CHANOEUY, IRBLANB, 447 until the said Oliver was executed; which Thomas PitzOliver hath 39 issue, now living, called Morishe. Elizabeth. "So it is, Right Honorable, that Qeralde, late Earle of Kildare, supposing the said Henry, Thomas, and Gerald, illegitimate sons of Oliver, to have been born in lawful matrymonie, who in truthe were bastards, born as abovesaid, did not only by conveyance of his lands place the said Henry, Thomas, Gerald, and others, the issue ©f the bastards, before your suppliant and his brethren ; but also upon like supposal, and by persuasion of certain persons, who did not acquaint his honour with the bastardy of Henry, Thomas, and Gerald, accepted and reputed the bastards as his kynsmen, in con- sanguinitie, place, vocation, and arms, more near unto him the said Gerald, late Earl, than your suppliant and his brethren ; and although the conveyance of the lands cannot now be repealed or revoked, neither doth your suppliant intend or expect any such thinge ; yet for the better apparaunce of your suppliant's blood to continew and proceede legittiinately from Thomas, sometime Earl of Kildare, in manner aforesaid, and next of lawful consa.nguinety, to the Earl that now is, his brother, and the children of his uncle, Edward FitzGeralde ; and to the ende bastards, that commonlie are the destruction and confusion of noble houses, from whence they are supposed to come, shall the better know themselves, and be known to others, and thereby be barred from demanding the credit that is due by God's law and man's law, to a person legiti- mate ; may it please your honour, for the better furtherance of gentility, and for disclosing the truth, which in like actions are very charitable to be done, to give direction to the examinator to ex- amine such witnesses as your suppliant shall produce, upon the in- terrogatories annexed, who are very olde, and by all likelihood not likely to live long." INTERB.0GATOEIES. 1. Whether Shane M'Hugh Oge O'MuUoy, of Bronghell, in Fearkeall, in the King's county, was married to Meawe ny Connor, daughter of Caher O'Connor, chief of his name ; and whether the matrimonie was solemnized in face of Holy Church or not? 2. Whether Shane M'Hugh and Meawe ny Connor, after their marriage and solemnization had betwixt them, did keep together, as lawful man and wife, and were so commonly deemed and reputed, and how long? 3. Whether Meawe, contrarie to lawe of Holy Church, departed and left her husband Shane, after intermarriage and solemnization had betwixt them, and ran away with Oliver PitzGerald, of Lough- sewdy, in Westmeath, son of Gerald PitzGerald, Earl of Kildare? 4. Whether Oliver kept Meawe in adulterie, and by her had issue, Henry, Thomas, and Gerald, in the lifetime of her husband Shane, and after the marriage and solemnization; and whether Meawe, during her continuance with Oliver, was commonly taken to live with him in adulterous manner? 5. Whether Oliver was dxecuted for treason in the lifetime of Shane M'Hugh? 448 PATENT AND CLOSE ROLLS, [1597. 39 6. Whether Shane had any marriage goods with Meawe after the Elizabeth, intermarriage and solemnization or not? 7. The cause of knowledge to every interrogatory.- " Granted with a provisoe that publication be not had without my special direction." Signed, Ad. Dublin, Cane. Depositions of witnesses taken in the Court of Chancery, adper- petuam rei memoriam, before the Examiner of the Court, by direction of the Lord Chancellor, loth November, 1596. — Donell O'Coffie, of Kildare, "now grown in decay, of the adge of four score and ten years, sworn upon the Holy Evangelists, says, that Shane M'Hugh O'Mulloy, was married to Meawe ny Connor, daughter to Oaher O'Connor, then chief of his name ; and the matrimony was solem- nized in face of Holy Church. Witness was then a schoUar in the abbey of Kilcarmicke, in Fercall, and hearing of the marriage, went in company with three or four of the friars of the abbey to the church of Kilbride, where the marriage was solemnized by one Rory O'Loynen, curate of the church, at which marriage witness was present ; after the marriage they went all to dinner, to Balli- cowen, where the feast was kept." To the second interrogatory he saith, "that Shane and Meawe, after the marriage, did keep together, as lawful man and wife, and were so deemed, taken, and reputed, and long they lived together; — she bare him a daughter, but how long after they lived together, he does not now remember. Witness oftimes resorted to Brohill, where Shane and Meawe dwelled, after the marriage, and well remembers Meawe bare Shane a daughter, whose name was Dorryn-nyn-tane, lono- before she departed or left her husband. To the third inter- rogatory, he says that Meawe, contrary to lawe of Holy Church, de- puted and left her husband Shane, after their marriage, and ran away with Oliver FitzQerald, of Loughsewdie, son of the Earl of Kildare • witness was then a scholar in Fercall, and well remembers Meawe's departure, and the common report was, throughout all the countrie, that she ran away with Oliver." To the fourth interroga- tory, he says, "tBat Oliver kept Meawe in adulterie, and by her had issue three sons, in the lifetime of Shane her husband, and that she, during her continuance with Oliver, was commonly taken to live with him in an adulterous manner ;— his cause of knowledge is by common fame, and report of the countrie. To the fifth interroga- tory he says, that Oliver was executed for treason in England, in the lifetime of Shane M'Hugh j he well remembers that Oliver was sent into England, and heard how he was there executed; Shane was slavne long after by Shane M'Donnell O'Mulloy, and William Moyle" O'Carroll. He heard that Shane had, in marriage goods with Meawe, after the marriage, many borses,_ good store of armor, and O'Connor's fast friendship, which was to him better than a great deal of other substance in those dales. Derby O'Connhor, of Ballicorkan, in the county of Kildare, miller, ao-ed four score and ten years, says, "that Shane M'Hugh Oge 1597.] CHANCERY, IRELAND. 449 O'MuUoy was married to Meawe ny Connor, daughter to O'Connor, 39 chief of his name. They were married in face of Holy Church, Elizabeth, publicklie; witness was, at the time of the marriage, a boy twelve ■ years of age, and went with his father, Tery, to the marriage, where he saw it solemnized iu the church of Kilbride ; one Rory O'Lenan was then curate, and married them together. After the marriage solemnized and done, they did keep and dwell together in Brohill, long time, as man and wife, and so were taken and reputed of all men, and had issue betwixt them, a daughter, who lived long, but her name he doth not now perfectly remember ; witness's father and himself were near of kindred to Meawe, and were often- times in her house at Brohill, and he did see them cohabit and dwell together as man and wife, and such all the countrie people there- abouts did know. She left her husband and ran away with one Oliver, son of the Barle of Kildare, and liv^d with him as a concu- bine, and he well remembers that witness's father and mother, and many others of her kindred, were verie sorrowful for her bad be- haviour and light parts, and the whole countrie, at the time, was full of the report of her going away from her husband. She had issue three sons, named Henry, Thomas, and Gerald, who witness knew well, by right of name ; and the common report in all the coun- try then was, that Meawe lived with Oliver in adultery, and as a naughty harlot, having her own lawful and married husband then living; witness deposes this of his own knowledge, and by the report of many of good sorte, and of her best friends, who hated her life and doings. Oliver was executed in Bagland, in the lifetime of Shane, with others of his brethren, and Shane was murthered long after the execution of the Earl's sons. Shane received, after his marriage with Meawe, divers goods, as horses, cows, and harness and he saw his own father pay some cows to Shane, as parcel of the marriage goods, but how many, he cannot remember. Teige O'GrOwgan, of Little Keppaghe, in Oughterrimye, in the county of Kildare, says, " that Shane and Meawe were married in face of Holy Church, at Kilbride, in Fercall ; but the priest's name he doth not remember ; witness was then a pretty boy, livino- with his father and mother in BalHcowan, and did keep their sheep • he went with his father and mother to the marriage, saw them mar- ried, and after the marriage they returned, and all the company that was with them, to Ballicowan, to dinner ; they afterwards lived together as man and wife, a long time, and she bare him a daughter ■ they dwelt at Brohill, and lived very well, wanting nothing that witness knoweth, and he did see, with his eyes, the same to be true. After the marriage, Meaghe left Shane, contrarie to Holy Church' . and ran away with a son of the Earl of Kildare, named Oliver, and remained with him as his leamon or concubine, which he knows to be true, for he dwelt at Ballicowne at the time, and heard evil speeches reported of her by her own friends, kinsfolk, and others of the country. He heard it reported by his father, mother, and many others, that Meawe bare three sons to the said Oliver in adulteri and that they were bastards. Oliver was sent into England, with others VOL. II. 2 G 45° PATENT AND CLOSE ROLLS, [1597. 2' of his brethren, and there, was executed, as he heard tell, but cer- Elizabeth tain he is that Shane lived after they wente over long time. Shane O'Grogan, of Balfeaghan, in the county of Meath, also proves the marriage, and states he "was then a boy of a dussen yearfes olde, dwellinge in Irrye, in the Queen's county, and was taken by two of his unkels intoPercall, where his unkles resided, by reason there was a plague then in Irrye ; and being with his unkells in Percall, he there remained three yeares, or thereabouts. Of himself he can say nothing, but he heard his grandfather's brother, one Brian O'Growgan, who was foster father to Shane M'Hugh, declare and tell that Meawe did run awaye from her husband with one of the Earle's sons, named Oliver, and that Brian O'Growgan was verie sorrowful! for her foUie. Oliver was executed before the murther of Shane M'Hugh a good while, for Shane lived till after the rebellion of the Earl of Kildare." Anne Nicawill, of Belfeaghan, of the age of an hundred years or thereabouts, also proves the marriage, and states " she was then a mayde of some twentie years, and went with her mother to the marriage. Her mother was foster-sister to Meawe, and was speci- allie requested to the marriage. Meawe, contrary to the laws of the Church, left Shane, by inticement of Oliver, son of the Earle, wh6 then dwelt at Ballymore-Loughsewdie. She ran away with him, and dwelt with him as his harlot and concubine, and this she doth not onlie speak, and know of her own knowlege, but also by the report of her mother, who many times found great faulte with her, cursed her, and would never after come near her. Her mother could never abide her after for that cause, being her foster-sister, and she heard her mother, many and divers times, speak arid declare that Meawe lived but as a w , and bare divers bastards to Oliver, then called M'Inerle. She well remembers that Oliver, with four of his brethren, was sent over into England, and there executed, and remembers that Shane lived after, a good space, and was mur- dered. Witness dwelt in Ophaley at the time of the marriage, and saw both kyne, garrans, horses, and other things delivered and paide by Mawe's friends unto Shane for her marriage, in her estimation, to the value of £300, as money then went." Annable M'Geoghegan, of Kilcocke, says, that Meawe, daughter of Cahir O'Connor, of Ophaley, chief of his name, was married to Mullny ; she was present in the church of Kilbride, in _ Fercall, at the marriage, and afterwards went with them to dinner to Ballicowne, and then Shane took her to Broghill, his own house, where witness served as maid; they afterwards kept and lived too-ether as man and wife, and she bare him a daughter, who was married long after into Maherquirk, to one Morish Dillon. Meawe did privatelie steale away from Shane and went with Oliver, one of the sons of the Earle, and continued with him, who kept her as a harlot and concubyne, of long time, and she bare him three sons ; at the birth of every one of whom she was present with Meawe, and did~ her the best service she could ; but everie bodie that knew iheiii did both think and speake that they lived in open adultery, and that IS97.] CHANCERY, IRELAND. 45^ the children begotten betwixt them were but bastards and noe better. 39 Oliver went into England, and was there executed long before Shane Elizabeth, died, who was murthered after. She saw many cows, garrans, and horses paid and delivered in marriage goods to Shane by the friends of Meawe, but the quantitie certainlie she cannot say." Cwr O'Dempsie says "he did heare one Owen O'Coffie, an ancient man of good acoounte in the countrie, say, and saw him sweare upon a booke, that he was to be drawen to Dublin to make his oath in this case, but by reason of his age and impotency, bqing a hundred . years of age, he required Master Thomas PitzGerald to bring some honest persons unto him, and then he would depose his knowledge of the matters in question, and witness, Donell M'Costolaghe, vicar of Lie, and others being present, he heard O'Coffie declare, and upon his oath affirm, that Shane was married to Meawe, in face of Holy Church, by one priest named Eorie O'Lonan ; O'Coffie also affirmed that afterwards Oliver Fitzgerald kept the said Meawe as his con- cubine and harlot in adulterie ; she was reputed but as a w and adultresse in all the countrie ; he alleged also that Oliver, with others, was executed in England, for what causes he knew not, unless for the rebellion of Thomas FitzGerald, then Earle of Kildare; and perfectly knew the time of their execution, by report. Shane received, by way of marriage goods with Meawe, one hundred cows, or rather more, and Owen confessed, on his oath, he saw the cows paid by the friends of Meawe, after the marriage." Daniel Nangell, of Castle Lee, in the Queen's county, vicar, de- poses, "that Master ThomasFitzMorish PitzGeralde, amongst others, requested deponent to come with him to heare the deposition and examination of an autient, olde man of a hundred years of age, who was reputed of very honest life and conversation, whose name was Owen O'Coffie ; and witness, at his request went with Thomas unto the hall of the manor of Lie, and there, as he was a priest, he was required by Thomas to give to O'Coffie an oath upon the Evan- gelists to declare the truth, which O'Coifie, in presence of divers honest persons, took betwixt him and God, and as he should answer before the Deitie at the day of judgment, that he was personally present at the marriage — (he corroborates the previous testimony), and states that Coffie swore that Shane, on his marriage with Meawe, received of her friends, as marriage goods, a hundred cows, two plowes of studd mares, a plough of garrons, two horses, two hun- dred sheepe, a harp and a paier of tables." April 26, 1597. Thomas FitzGeralde, of Lackagh, esquire. Pub- lication is granted by the Lord Chancellor of the witnesses examined by the Examiner of the Courte, ad perpetuamrei memoriam, er parte dicti Thome. [On the Patent Soil of the j^th James /., is a decree in a suit be- tween Morris FitzGei'ald, of Xilleigh, in the King's county, and Mor- ris FitzGerald, of Lackagh, in the same county, in which the hill states that the late TJiomas FitzGerald, of Lackagh, in the year 1596, in a petitipn to tlie Chancellor, stated that he was lineally descended from VOL. II. 2 G 2 452 PATENT AND CLOSE ROLLS, [1597. Elizabeth. ^^*j»»'^. sometime Earl ofKiUare, being son and heir ofSirMorish, son and har of Thomas, son and heir of Sir Morish, son and heir of Thomas the second, son of Thomas the Earl, which Earl had also a son Gerald, who had a son Oliver, complainant's grandfather ; that Oliver lived with Meawe ny Connor, the lawful wife of Shane M'Bugh Oge O'Mulloy, and had hy her three sons, Henry, Thomas, cmn/plainants father, and Gerald; to whom Gerald, Earl of Kildare, conveyed hislands, as if they were his legitimate children, and contrived to produce evidence to that effect in the Court of Chancery, examined, published, and exem- plified — Complainant prays that this evidence may be cancelled. The answer denies the allegation of bastardy, and protests against the suppression of evidence, as several of the witnesses were dead I'he re- plication asserts that Shane M'Hugh Oge O'Mulloy was never married to Mewe ; that lier father, Caher O'Connor, would never consent to the marriage; and although Shane abused the said Meawe, and had issue by her a daughter, Dorothy, his only child, who survived him, she never inherited any of his lands, which descended to Grany 0' MuLloy, daughter and heiress of Brian ffMulloy, brother of Shane, and Grany was mar- ried to James Bermingham, and had issue a son, Edmund, who now possesses the lands as cousin and heir of Shane. — The Cmrt orders tlie cancellation of the depositions.] Membrane 20. 63. Charter of Athboy, in the county of Meath ; reciting a peti- tion from the Provost and Commonalty of the town, which sets forth that the town had been, from time immemorial, an ancient borough, situate near the Marches, but was now depopulated, in resisting the English rebels and Irish enemies, by calamities and plagues, for many years, and in consequence of the great losses they sustained, without aid and comfort from the Crown, they could no longer endlire ; — they claimed the privilege of electing a Provost annually, from amongst themselves, and of presenting him before the Lord of Athboy, in his castle, in every year, on the Feast of Saint Michael, and to hold before bim, the provost, pleas of all debts, accounts, transgressions, covenants, detinues, and all personal contracts occur- ring in the towp and liberties ; plea« of novel disseisin, concerning the tenures of those who were within the metes, by plaint olfrisca forcia, before the Provost, in the hundred of the town, from 15 days to 15 days; saving to the Lord all the issues, revenues, and profits of the hundred, and of all other courts held by the Provost within the town and hundred, together with the tolls, toUboUs, and all other customs and rights of the town, and the issues theretofore received and due to the Lords of Athboy ; — they were accustomed to elect in every year an officer who was called a Sergeant, to perform the duties appertaining to the pleas and execution of judg- ments, according to the custom of the town ; to have a weekly market within the town on Wednesday and Thursday, from nine o'clock until evening ; and divers other good usages and customs. The present charter, for the relief of the town, and to induce mer- chants and faithful subjects to frequent it, confirms all those privi- 1597-] CHANCERY, IRELAND. +53 leges, and the privileges and immunities antecedently used and 39 enjoyed, and grants to the burgesses the franchises and liberties fol- Elizabeth. lowing, namely, that they, their heirs and successors, shall have a guild mercatory for ever, with Hanse(») and other franchises and free usages to the guild pertaining ; that the burgesses shall have sac, soc, toll, and theara, infangthef and outfangthef, and they shall be free of toll, lastage, passage, pontage, stallage, and murage, through all ports of the sea and throughout the King's dominions. That no one should engage in duel or appeal ; and that they might exonerate themselves of the pleas appertaining to the Crown, accord- ing to the custom of Dublin ; and that in all personal pleas, before the Provost, process should be made by summons, attachment, distraint, or capias, as the case required. That no foreign merchant should sell cloth in the town by retail, or delay in the town with his wares more than forty days, without the licence of the Provost and burgesses of the town, and that no person should molest a mer- chant coming in peace to the town, or on his return. That theymight have a fair in every year, to be held during i5days viz., on the eve, day, and morrow of the Apostles, Philip and James, and twelve days ensuing, with all franchises and free customs to such fair pertaining, and all the issues, amercements, and profits thereof, for the benefit of the town ; that the burgesses, their heirs and suc- cessors, should not be summoned on assizes, juries, recognizances, or inquisitions, by reason of any foreign lands or tenements, or in per- sonal actions, transgressions, contracts, covenants, or other foreign affairs, before any of the justices of his Majjesty, his heirs or suc- cessors ; and that the burgesses should not be nominated sheriffs, coro- ners, comptrollers, bailiffs, or other ministers of the Crown, contrary to their will, so long as they should reside in the town. (a)HANaB.-^Aii old Gothic word, signifying a society of Merchants^ for the good usage and safe passage of merchandise from one country to another. The Hanse^ or mercatorum societas, was endowed with many large privileges by princes within their territories, and had four principal seats or staples, where the Almain, or German and Dutch merchants, being the founders of this society, had an especial house ; one of which, in London, was called the Steel Fard. A commercial union called the Hanseatic league was formed by a number of port towns in Germany, in support of each other against the piracies of the Swedes and Danes; this association began in 1164, and the league was signed in 1241. At first it consisted only of towns situate on the coasts of the Baltic, but its strength and reputation increasing, there was scarce any trading city in Europe but desired to be admitted into it, and in process of time, it consisted of sixty-six cities. In 1630, the only towns of note of this once powerful league retaining the name were Lubeck, Hamburgh, and Bremen. Dr. Robertson, in his History of the Emperor Charles V., says : — " Towards the middle of the thirteenth century, the nations around the Baltic were extremely barbarous, and infested the sea with their piracies ; this obliged the cities of Lubeck and Hamburg, soon after they began to open some trade with these people, to enter into a league of mutual defence. They derived such advantages from this union, that other towns acceded to their confederacy, and in a short time eighty of the most considerable towns scattered through those vast countries which stretch from the Baltic to Cologne, joined in the famous Eanseatic league, which became so formidable, that its alliance was courted, and its enmity dreaded by the greatest monarchs. The members of this association formed the first systematic plan of oomraerce known in the middle ages, and conducted it by common laws enacted in their general assemblies." 454 PATENT AND CLOSE EOLLS. [i597- 39 They might have assize of bread, wine, and beer, and assay of all Elizabeth, -weights, measures, and all other things appertaining to the office of Clerk of the Market, and that no other clerk or minister of the king should enter into the town or intrude in the said office, but to_ exa- mine a;nd approve of the standards of the town ; that all the issues and profits of assize and assay should be expended on the support and relief of the town ; that no baker or brewer should bake bread or brew ale in the town, contrary to the consent of the burgesses and commonalty ; that the king's bailiff or other lord should not take any burgess of the town or imprison him, so long as he could procure security, except for felony or other horrible crime, for which he could not find bail ; that no burgess should be impleaded without the town, concerning any lands or tenements which lie within the town, or for any transgressions, covenants, debts, accounts, or other personal contracts, occurring within the town ; no foreign merchant should sell wares by retail in the town, under pain of forfeiture ; and that all strangers selling wares should be bound to contribute to all tallages and other things, for the support of the town, ac- cording to the quantity of the wares bought or sold ; and for this purpose the Provost is authorized to distrain, proutjus. The char- ter proceeds to grant to the burgesses, for the term of 60 years, that all foreign merchants should pay, in aid and defence of the town, for every 12 pieces of English cloth sold, \d. ; for every piece of Irish cloth, ^d. ; for every horseload of salt or iron, id. ; for every horse- load of corn, ^d. ; for every heifer, td.; and for every cow, id. That the Provost and Burgesses might hold their courts and hun- dred(a)in the town as they had been accustomed, and that they should have all the liberties, uses, and customs aforesaid, so that the fair should not be to the injury of other neighbouring fairs. Witnesses. — Kobert, Bishop of Meath ; John, Bishop of Kildare ; Patrick, Bishop of Perns ; Gerald FitzMaurice, Earl of Kildare ; Kobert Sutton, Keeper of the Great Seal ; William Tynbegh, Deputy Treasurer; Sir Thomas Fleming, Baron of Slane ; Sir David Wogan ; Sir Christopher Preston j and many others. — Trim,, Dec. 8, 9° Henry (ir.), 1408. Membrane 21. 64. 'Charter of Athboy. Henry the 6th inspects and confirms the preceding charter, and, with the assent of the Archbishop of Dublin, of the Lords, spiritual and temporal, and of the Commons of Ireland,|assembled in a Parliamen t held at Dublin, ratifies and approves of all the liberties and exemptions of the Corporation, and further grants, by the authority of Parliament, for the period of 60 years, all customs of wares coming for sale to the town, and the following tolls, to be employed in reparation of the walls of the town, viz. ; for every load of beer or bread, sold or for sale in the town, id. y for every pig or sheep, ^d. ; for every two cow hides, ^d. ; for every 1 2 skins, ^d. ; for every two dozen skins of rabbits, hares, squirrels, ^d. ; for every martin skin, \d. ; for every otter skin, ^d. ; W HuNDKED. — A large Court Baron, held for the inhabitants of a particular Hundred instead of a Manor. i^gf] CHANCERY, IRELAND. 455 for every new blanket, ^d. ; for every three stone of tallow, \d. ; 39 for every load of pepper, id. ; for every hogshead of wine, 4d, ; for Elizabeth, every pipe of wine, 2d.; and for all other wares or merchandize — — - coming for sale to the town, of the value of 20«., one farthing ; and that the burgesses shall be exempt from ploughland silver,W and other subsidy. Witnesses — William and Thomas, Bishops of Kildare andLeighlin; William Chever, esq.. Deputy of Richard Wogan, Chancellor ; ChrisT topher Barnewall, Deputy of Egidius Thornton, Treasurer of Ireland ; Sir Robert Dowdall, Chief Justice of the Common Bench ; Michael Griffin, Chief Baron of the Exchequer; Robert Dyke, Archdeacon of Dublin, Keeper of the Rolls of Chancery ; Edward Somerton, Ser- geant-atlaw ; and many others. — Jan. 4, 24° Henry [F/.], 1426. [^TMs charter is also enrolled in the Exchequer {Rot. Mem. 10° Edward IV., m. 17); and there appears on the Statute Roll of 2° Edward IV., c. 9, an Act of Parliament, wjiereby, after stating that divers grants had been made by Henry VI., of divers customs to be levied within the towns of Trim, Naas, Le Navan, Athboy, Kenlis, and Fowre, and within the franchises of same, for murage, pavage, and repair of the bridges of those towns ; and that some held an opinion that these grants so made by Henry VI. were become void; but that if the said customs should be withdrawn from the said towns, it would be to the very great disadvantage of them ; it was ordained, that every such grant of customs, to be levied in each of those towns, and the franchises of the same, should be ratified, approved, and confirmed in all points : provided always, that the Act should not be preju- dicial to the city of Dublin, or the towns of Drogheda, Atherde, or Scryne.— (Statute Roll, 2° Ed. IV.) Henry VII., in the ninth year of his reign, confirmed the charters of Henry IV. and Henry VI. By a King^s letter, bearing date the 30th of September, 7 James I., and enrolled'in Chancery (Rot. Pat. 7 Jac.I.,p. 2,m. 22, d.), James, — after informing the Chief Governor and Chancellor of Ireland, that the Portrieve, Burgesses, and Commonalty of Athboy had presented their humble suit that he would be pleased to accept, at their hands, a surrender of all their houses, gardens, lands, tenements, rents, rever- sions, and other hereditaments, in the town of Athboy, or elsewhere, in the bounty of Meath, thereupon to regrant the same unto them, their heirs, successors, and assigns for ever, without fine, to be holden of him, his heirs and successors, in free and common soccage, as of the Castle of Dvhlin, and not in capite or by hnight service, — commanded' the Chief Governor and Chancellor, upon receipt of his letter, to take a surrender thereof at the hands of the Portrieve, Bur- gesses, and Commonalty, and thereupon to cause a grant to be made of the premises, with their appurtenances, to be passed by letters patent to the said Portrieve, Burgesses, and Commonalty, and their successors, inform above mentioned; reserving to the King, his heirs and succes- sors, such rents, duties, and services, as were then yielded to his Ma- (a) Pi,ouGH-siLVBR. — In former times, was money paid by some tenants in lieu of service to plough the lord's lands. 456 PATENT AND CLOSE ROLLS, [1597, 39 jesty by them for the same, and he therein stated his pleasure to he Elizabeth, that no mention should he made in the letters patent of any surrender, lest thereby any defect might he in his said grant. A charter was accordingly granted, which hears date the ^th of March, 9 James I., and is enrolled in Chancery (Hot. Pat. 9 Jac. I., p. 4, m. 23). This charter inspected and confirmed those of the 9° Henry IV., 24° Henry VI., and 9° Henry F/7.] Membrane 23. 65. Appointment of Hugh Strowbridge to the office of Clerk of the First Fruits, and Eemembrancer and Receiver of the First Fruits of all arohbishopricks, bishopricks, deaneries, prebendaries, rectories, vicarages, chantries, benefices, and ecclesiastical promo- tions, with a fee of £10 a- year ; To hold by himself or his suflScient deputy, during good behaviour, in as ample manner as John Margretts held that office. — Dublin, May 6, 39°. 66. Appointment of Hugh Strowbridge to the office of Searcher of the towns of Youghal and Dongarvan, and the ports and fran- chises thereof, as well By land as water ; To hold by himself or his sufficient deputy, during good behaviour, in as ample manner as the Searcher of the ports of Galway, Wexford, and Rosse, were accustomed to execute the duties of that office Dublin, March 10, 39°- Membrane 24. 67. Commission to Adam, Archbishop of Dublin, Primate, to hear a certain cause wherein Oliver Eustace, of Blackball, in the county of Kildare, exhibited a petition against Christopher Eustace, touching certain evidences and muniments concerning the lands of Blackball and Newton, in the county of Eildare, and the lands of Kynleston, in the county of Dublin, of which the defendant claimed the custody; — the plaintiff alleged the illegitimacy of Christopher ; — the defendant rejoined, — and the Archbishop is enjoined to return the commission on the penultimate of Trinity term. — Dublin, March 22, 39°. Return of the commission. — April 13, 1597. Signed, Ad. Dublin. 68. Another commission to the Archbishop of Dublin, relative to the suit in the preceding article mentioned. — Dublin, June 15, 39°; 69. Return of the Archbishop. — Nov, 12, 1597. Signed, Ad. Dublin. 70. Pardon of Thomas Butler FitzRichard, John Butler Fitz- Richard, Donald Roe O'Morcho, James Butler FitzWilliam, Oge James FitzWilliam O'Loghlen, Redmond FitzDay O'Kaine, Murtagh M'Arte Kevenagh, Arte M'Arte Kevenagh, Dermott Arte M'Mur- tagh Kevenagh, — Dublin, June 27, 39°. I597-J CHANCERY, IRELAND. 457 39 Patent Roll, 39° Elizabeth, 1597. Elizabeth. SEOUNDA PAKS. Membrane i. I. Grant to John Hoye of a castle covered with straw, two mes- suages, with gardens, 100 acres of arable land, with liberty of common of pasture in the iBradley and Bishoppshill, in the town and fields of Ballymore, and elsewhere thereabouts, in the county of Dublin, late in the tenure of Tirell O'Perall, parcel of the posses- sions of James Eustace, late Viscount Baltinglass, attainted; the town of Bstbothine, alias Incheboyne, in the county of Dublin, with the hamlets of the same, which extend into parts of Wicklow, "and in the town, a burgage called a ' frankhouse,' and ten carves of infertile land and mountain, whence small profit can be taken or had, as the lands are waste and lie amongst the Irish, called the Birnes, near and about Bstbothine," parcel of the possessions of the late hospital of St. John of Jerusalem, lately surrendered and sup- pressed; formerly demised by indenture, dated loth September, in the twentieth year of her Majesty's reign, to Henry Stanyhurst for 21 years, and recently resumed by her Majesty for non-payment of rent. The town of Hilton, in the county of Meath, with the parsonages, rectories, or churches of Peirstonlandi^ and Taneraghe, in the county of Meath, containing 60 acres of arable, pasture, and meadow ; the tithes of corn and hay of the rectory of Taneraghe, which are col- lected in the manner following, viz. ; in the town of Jordanston, by three couples ; in the town of Castletowne, by nine couples; in the town of Mortowne, by two couples; and in the town of Riverston, by six couples of acres of corn ; the tithe of corn and hay and other commodities of the rectories or churches of Peirstonlandie, alias Leokno and Hilton, in the same parish, accustomed to be yearly gathered by four couples of acres of corn ; lately demised by inden- ture, dated 22nd June, in the 23rd year of her Majesty's reign, to Sir Edward Waterhouse, for 2 1 years, and recently resumed by her Majesty for non-payment of rent ; reserving from this demise, all advowsons of churches, knights' fees, marriages, and the alterawes and tithes due to the vicars and curates; To hold from the Peastof Saint Michael the Archangel, for 21 years. — Rent £36 6s. 8rf. DvJblin, Jan. 8. Membrane 2. 2. ' Grant to Thomas Lambyn of the tithe corn of the rectory of Rathmore; the tithe corn of the rectory of Johnston, with the alterages, which are gathered by seven couples of corn ; the tithe corn of the parish of Cardiston, with the alterages which are gathered by seven couples of corn ; the tithe corn of the towns of Tipper and Cradockston, gathered yearly by six couples of corn all which were lately parcel of the possessions of the hospital of St. John of Jerusalem, in Ireland, and situate in the county of Kildare- five acres of pasture, wood, and moor of great measure, in the Grange 4S8 PATENT AND CLOSE EOLLS, [159V. 39 of Peddarte, with the tithes of the said grange, parcel of the posses- Elizabeth, sions of the late moDastery of Rupe, alias Hore Abhey, in the county of Tipperary ; the site, ainbit, and precinct of the late house of Friars Carmelites of Killharmick, alias Killcormick, with all messuages, lands, and tenements thereto belonging, in the country called O'MoUoy's country, sometipie in part of Westmeath, and now in the King's county ; all tithes and alterages due or accus- tomed to be paid to the vicars or curates excepted ; To hold for 31 years. — Rent £35 14s. ^d. ; and, in lieu of the third part of the annual rent of the tithe corn of Johnston, Cardeston, Tipper and Cradockston, twenty-five pecks of corn, one half wheat and ber? malt, the other half oat malt, at the rate of 2S. the peck. — Dublin, Jan. 5. Membrane 4. 3. Grant to John Newton, in consideration of his great service in the wars, of the rectory and tithes of the parsonage of Saint Nicholas, in the county of Waterford, and the tithes of the par- sonage of Killogghane, in the county of Waterford, parcel of the pos- sessions of the late abbey of Saint Katherine. The rectory and tithes of all manner of grain of the parsonage of Killcowan, in the county of Kilkenny, which are collected by ten pecks of wheat, and twenty pecks of oats of the measure of Kil- kenny, every peck containing twenty-eight gallons; the rectory, church, and tithes of all kind of grain of the parsonage and church of St. Michael, in the country of Coursye, in the county of Kilkenny, which are yearly collected by eight pecks of wheat of Kilkenny measure, and twelve pecks of oats, parcel of the possessions of the late monastery of Ennestioke, in the county of Kilkenny. A messuage, covered with stone, in the town of Athlone, in the county of Westmeath, on the east of the bridge, containing in breadth, 50 feet, and in length, 108 feet, standard measure, parcel of the antient inheritance of the Crown. The house of Friars of Beagh, in the barony of Clare, and county of Galway, with the halfendale of a quarter of land, containing, by estimation, 10 acres arable, 20 acres pasture, 7 acres moor, with the tithes ; the house of Friars of Cowleneringe, in the barony of Clare, containing, by estimation, the halfendale of a quarter of land, 7 acres arable, 28 acres pasture, with the tithes. The tithes of the rectory or parsonage of Skadeston, in the county of Tipperary, i acre arable in the village of Balliurae, i acre arable in the village of Fetharde, in the same county ; a messuage and i acre arable in the village of Ratouth, in the county of Tipperary, parcel of the possessions of the late hospital of St. John the Baptist, without Newgate, of the city of Dublin, all which last recited pre- mises, in the county of Tipperary, amongst others, were demised to Richard Netterville, esq., by indenture, dated 15th April, in the 32nd year of her Majesty's reign, for 21 years. Three messuages, with their appurtenances, of the glebe of the rectory of Kilcock, g acres arable of the glebe of the same rectory, and twQ parts of the alterages of the parish of Kilcock, in the T597-] CHANCERY, IRELAND. 459 county of Kildare, parcel of tlie possessions of the late hospital of 39 St. John of Jerusalem ; To hold for 31 years. — Rent £20 i8s. 4d. Elizabeth. Irish, and also paying and hearing all proxies, sinodals, stipends of curates, pensions, rents, and services, as well ordinary as extraor- dinary, the pensions or annuities of all religious and conventional persons of the religious houses excepted. — BuUin,^ Jan, 39. Membrane 6. 4. Grant to Sir Henry Wallopp, knight, of the rectorial tithes of the parsonage of Donshaughlin, in the county of Meath, parcel of the possessions of the late dissolved monastery of St. Thomas the Martyr, by Dublin ; the rectorial tithes of Robertstone, Fianstone, Great Derrick and Little Derrick only excepted ; a moiety or halfendale of the tithes of the rectory or church of Lucan, in the county of Dublin ; the rectory, church, or chapel of Ballinaglassan, in the county of Meath, parcel of the possessions of the dissolved monastery of St. Thomas the Martyr, by Dublin; To hold for 21 years. — Rent £44 Irish, and two couples of corn out of the rectory of Ballinaglassan, for which Sir Henry covenants, yearly to deliver, in the church of Ballinaglassan, for her Majesty's use, twenty pecks of sound corn out of the said two couples, that is to say, five pecks of wheat and here malt, and five pecks of oat malt, which had been paid before the statute "for the limitation of pecks." — Dublin, May 7. Membrane 7. 5. Grant to Sir Henry Wallopp, knight, of the rectories, churches, and chapels of Selsker, Saint Tullok's, in Wexford ; Saint Peter's and Saint Tullok's, Carrick, Killian, Killmocrie, Isertmon, St. Ivories, St. Margaret's,Ballylonan,Killuran, Ballyneslane, Tackillen, Cartrewye, Killmollock, Killuskye, St. Nicholas, Ballynaldin, Ard- colme, Ardkenan, Killile, and the Skryne, with tlieir appurtenances, in the county of Wexford, with all messuages, buildings, tene- ments, tithes, alterages, oblations, obventions, and profits whatsoever thereto appertaining, parcel of the possessions of the late abbey or priory of Selsker, in the county of Wexford ; To hold for 21 years. — Rent £101 j;3s. 46?., and delivering one hundred and twenty pecks of sweet and sound corn, that is to say, sixty pecks of wheat and here malt, and sixty pecks of oat malt, at the Feast of the Purifica- tion of the Blessed Virgin, in the town of Wexford, according to the measure of the city of Dublin, for which it shall be lawful lor Sir Henry, bringing a bill to the Vice-Treasurer, testifying the delivery of the corn, to retain in his hands the sum of £20, that is to say, 3s. 4c?. a peck for every of the 120 pecks, at Easter term Dvhlin, May 7. Membrane 8 6. Grant to Dermot M'Gwyfie of two water-mills on the bridge of Athlone, upon the second next arch to Edmond O'Fallon's mill, with the buildings thereunto belonging and adjoining, the water- course, and all profits and emoluments to the mills belonging; To 46o PATENT AND CLOSE ROLLS, [1597 39 hold for 21 years. — Rent £3 los. ; and as M'Gwyffe had formerly Elizabeth, ground part of the corn requisite for the castle, toll free, he paid but IS. Irish for the rent of the mills, but now as the rent is increased, her Majesty releases him from the obligation of gratuitously grinding corn and grain for the use of the castle. — Dvhlm, June 18. Membrane 9. 7. Grant to Meiler Magrathe of the site, circuit, and precinct of the late priory or religious house of Thome, in the county of Tip- perary ; " a butt" of a ruined castle, with certain ruined chambers thatched ; 150 acres arable, 300 acres pasture, in the town and village of Thome ; 150 acres, and 40 acres pasture in Aughnemeall ; the rectory, parsonage, and tithes of Aughnemeall, and the tithes of Aughnemeall, Parkballie, Envyne, Killyerteragh, Ballyboy and Aghincorr, in Elye, and all the lands, messuages, and tenements to the said rectory or parsonage appertaining, parcel of the possessions of the priory or house of Thome, in the county of Tipperary ; ex- cepting all woods, underwoods, ^nd mines, found or hereafter to be found upon the premises, and the tithes and alterages due to the vicar or curate of the parsonage of Aghneraeall; To hold for 31 years. — Rent £11 us. 4c^. — Dvhlin, Oct. 8. 10. "William Pitz"W illiam. 8. Proclamation by the Lord Deputy and Council. " Whereas our well beloved Richard Sheeth, esq., at his great charges, hath erected a new house and building of decent and civil showe in the town of Kilkenny, to the beautefyinge of the towne in that parte, and will be occasioned to sustain further great charges for the finishing of the residue of the buildinge, to answer the comely plott and paterne of the same, whiche is begonne alreadie hitherunto, and he being besides called to the degree of office of Justice of the Peace for the county of Kilkenny, through which occasions, with his commendable hospitality considered, and the civil welcome wherewith he entertaineth both strangers and such as are of cal- linge, degree of worship and such as have access to the town, his charges doth, from time to time, rather far surmount others his neighbours, who bear also degree of oflBce, and are not burthened with the charges or cost; it is by us considered, to the end we might the rather leave some token of gratuity to so stayed and civil a mind, to encourage others to his like doing, we, by this our concor- datum, agree to extend some dispensation of immunity to be pre- ferred unto him, above others, that he shall not be compelled, in common amongst others, upon the repaire of the Lord Deputy or Governor for the time being, or other repaire of her Majesty's Com- missioners, to receive any manner of persons, who shall henceforth repaire at any time to the town of Kilkenny, into his dwelling house, to be eyther hosted, lodged, or victualled, or shall receive any person of their traine, or be at charges to find or victual any IS97-] CHANCERY, IRELAND. 461 soldier, horseman, or boye, or any otter person whatsoever, or to 39 find, feede, or livery any of their horses, other than such only as, Elizabetli. ■with the proper likinge and good will of the said Richard Sheeth, he will accept and allow of, of his own free, good will, and not other- wise, to be charged in any the respects aforesaid; willing and charging in her Majesty's name and behalf, as well you, the Sovereign of the town for the time being, as all others her Majesty's officers, ministers, and loving subjects, quietly to permit and suffer him, the said Richard Sbeeth, to hold, have, use, and enjoy, the full effect and benefit of this exemption thus, by us, in manner aforesaid, passed and granted unto him, without any manner your contradiction or impeachment, as for doinge of the contrary yon will be otherwise answerable at your peril." — Given at Kilkenny, Nov. 27, 1573. H. Midens. N. White. E. Fitton. J. Garvey. Membrane 11. 9. Demise from the Crown to Thomas Lestrange of the site, ambit, and precinct of the late abbey, priory, or monastery of Loughsewdye, containing one acre of land, a garden, a carve W of arable land, par- cel of the demesne of the abbey ; four carves arable, with their appur- tenances in Collaghton and the fields thereof; three carves arable in the country commonly called O'Branyn-vrines country, called Per- renecroyes or the Cross lands, one carve with the appurtenances in the country commonly called Icoynes country, and three quarters arable land in Sayre, the rectories, churches, or chapels, X)f Srure, Kyllcamock, Clonglisse, Killfy, Ballynacormick, Moygowe, Tesynert- tessyny, Killglasse, St. Michaels, Rabutt, and St, Patricks, of Moy- more, with their appurtenances, in the county of Westmeath ; the rectory, church, or chapel, of Moyagher, in the county of Meath, with all manses, glebes, tithes, alterages, and obventions, thereunto apper- (a) Carve — Carteon — Carucatb. — These temis prevail inLeinster; cartron is an imported -word, for which, in the sense of quarter, caethramhadh, is the Irish term. It is derived through the French guarteron^ from the mediseval Latin guarteronus or quartrona, and was prohably brought in after the invasion. Carucate is also of foreign extraction, being derived from camca " a chariot," which in mediseval Latin, denoted a plough, and passed into the French charruC', from which was also borrowed in Ireland, the form earewe or carve, hence it denoted a plough land. In an English charter of Eichard I., a carucata is declared to consist of 60 acres. Spelman observes — " Carva seu potius carucata ten'ae est ea portio quae ad unius aratri operam, designated a ploughland ; Matheo Paris, hida. Exoletse jam pene inter nostrates sunt h» voces ; ilorent autem apud Hibemicos (saltern mihi notiores) deciduos. Connaciam enim in comitatus, hos in baronias, easdemque in carucatas dispescunt ; plus minus, no acras continentes." The tate of Fermanagh and Monaghan, together with the poll, the gallon, the pottle, and the pint of Cavan, are all Englisli terms, introduced by some unltnown influence. To find names of liquid measure applied to land is strange, and still more so when it is remembered that they are English, and in such an Irish quarter as East Breffny. They had all become naturalized long before 1600, for we find soon after that date, townland names into which these words enter in combination with Irish teims of qualification, as Tattenheglish, Tattenamona, &c. ; so also Pottlebane, Pottleboy, Pottleduff, Pottlereagh ; denoting white, yellow, black, and mottled pottle. These last names occur in Cavan, where we find also Gallonboy, " Yellow Gallon ;" Gallonveagh, " Mottled Gallon ;" Gallonnanbraher, "The Friara' Gallon." — Rbkvks. 462 PATENT AND CLOSE ROLLS, [1597. 39 taining ; excepting all great trees, woods, underwoods, and all kind Eli zabe th, of mines, quarries, advowsons of churches, knight's fees, ward- ships, marriages, eschaets, casualties, and the tithes and alterages due to the vicars and curates : To hold from the Feast of Easter, in the year 1587, for 21 years. Rent £24 14s. 8d. — Dublin, Oct. 12, 14°. 10. Demise from the Crown to Thomas Lestrange of the site, cir- cuit, ambit, and precinct of the late abbey, priory, or monastery, of Loughsewdye, and of all the possessions in the preceding article mentioned; to hold from the Feast of Easter, in the year 1608, for the term of 31 years. Rent £24 14s. 8d. — Dublin, May 20, 18°. MemhraTie 13. [I. Demise from the OroVn to Thomas Lestrange, of four carves of arable land, in the town, village, or fields of Ballymore-lough- sewdye, in the county of Westmeath ; one carve of arable land in Ballinacallan, one half acre of arable land in Killynboye, one carve of arable land in Skefiyn, one carve of arable land in Ballehesker, half a carve of arable land in Ballyncore, one carve of arable land in Pales, a quarter of arable land in Clonnemeagh, half a carve of arable land in Ballyfaden, half a carve of araMe land in Ballymadran, half a carve of arable land in Ballypersaghes, a carve of arable land in^ Moodedo, half a carve of land in Tyhercormick, two carves of land in Ballynmorren, one carve of land in Ballygallockle, in the county of Westmeath,parcel of the possessions of Oliver FitzGerald, attainted: To hold the lands of Ballymore-loughsewdye, Ballinaoallan, Killen- boy, Skefiyn, Balnehesker, and Balnecurr, from the Feast of St. Michael, in the year 1579, for the term of 36 years ; and to hold the lands of Glascarne and the other "lands in the patent mentioned, from the Feast of St. Michael, 1579, for the term of 37 years. Rent £16 los. — Duhlin, June 12, 8°. Membrane 14. 12. Demise from the Crown to Thomas Lestrange, of the lands in the preceding article mentioned : To hold the lands of Ballymore- loughsewdye, Ballinaoallan, Killenboy, Skefiyn, Ballenehesker, and Ballenecurr, from the Feast of St. Michael, 1615, for the term of 31 years ; and to hold the lands of Grascarne, Palles, Clonemeagh, Bally- paden, Ballymadren, Ballypersages, Moodedo, Ballynegallocle, Tob- bercormiok, and Ballymorren, from the Feast of St. Michael, 1616, for the term of 31 years. Rent £16 10s.— Duhlin, May 10, 18°. Membrane 16. 13. Grant to Henry Bronkard, of all the customs, subsidies, and impost of wines imported into any haven, port, or creek, in Ireland: To hold from the Feast of St. Michael for the term of 12 years, paying £2,000 yearly. — Dublin, April 14. 14. Appointment of Sir Thomas Norris to the ofiice of Justice and Governor of Ireland, to which he had been previously nominated 1S97-] CHANCBKY, IRELAND. 463 by the Council on the' occasion of the death of Thomas, Lord Burgh : 39 To hold during pleasure. — Dublin, Oct. 29, 39°. Elizabeth. 15. Grant to Sir Greoflry Penton, of the custody, wardship, and marriage, of Donogh O'Mahowne, son of Conogher O'Mahowne, of Ardtynan, in the county of Cork. — Dublin, May 13. Membrane 17. 16. Pardon of William HarpoU, of Catherlaugh, esq.; Gerald Grace, of Legan, in the county of Kilkenny ; John Grace, of Ath- niller, in the same county ; Gerald M'Caher Karenaghe, of Kill- gerran, in the county of Carlow ; Camlogh Byrne, of Garryehume- ron ; Ferdorogh^ Gormogan, of Pierton ; Thady Gormogan, of the Grangefort ; David O'Doran, of Caherlaugh ; Charles Evars, of Cloghnoge ; Tirlagh M'Shane O'Byrne, of Eaho, in the same county; Nicholas Keatinge, of Ballemoleran, in the Queen's county ; Walter Keatinge, Edmund Kinselagh, Morogh O'Birne, Robert Moyle Grace, of Uskaue, Tipperary ; Jasper Grace, of the same place ; Peiroe Purcell Pitz James, of Killmokillye, Tipperary; Philip Purcell, of the same place ; David M'Lernan O'Birne, of Tnllye, in the county of Carlow; Edmond O'Pynninge, of Rossmore, in the Queen's county; and Mollmorie M'Donell, of Rathtelby, in the same county. — Dublin, Nov. 14. Membrane 18. 17. Pardon of Richard Comerford, of BaUybar, in the county of Kilkenny, gentleman ; Edward Comerford, of the same place ; Thomas Dullard, Richard Archdeacon, of Bawnemore, and Katherine Shortall, his wife ; Edmund Butler PitzJames, Edward O'Doyll, Donogh O'Doyll, Richard Grace PitzRedmond, Walter St. Leger, James Tobyn, Perdoragh O'Meagher, Peter Purcell, of Lismane; Robert Purcell, of Powksrath ; Edward Grace PitzWalter, of Sarte ; James Grace FitzEdmond, of the same place ; Thomas PitzEdmond O'Heyden, Thady O'Pogarty, William O'Meagher, of Grange ; Philip O'Kenedy, of Tombrickine ; Edward O'Loughnane, John Slackboole, Alexander Grace Pitz William, Oliver Grace PitzPhilip, John Sigaghe Grace, Redmond Grace PitzThomas, John O'Kerrall, Teige O'Banane, Brian DuflFe M'Cabe, Walter Burke PitzUllick, William Burke, John Butler PitzPiers, Richard Butler PitzPiers, Brian PitzLewis Bryan, Richard Cantwell, of Paynston ; Edward Cantwell, and Walter Cant- well, of the same place ; Richard O'Meagher, of Anemolte, and Sawe Morffy, his wife; Alexander Grace PitzPhilip, Donell M'Shane reogh O'Meagher, Redmond Purcell PitzGeoffry, William Purcell FitzGeoflFry, Redmond Tallon, late of Rossyllagh, in the county of Kildare ; Thomas Prendergast FitzRobert, Maurice Prendergast PitzThomas, Tirlaghe M'Donnell, John O'Berrin, Richard Moell Purcell, Patrick beg O'Kenedye, Tirelagh O'Reilye, Piers Purcell PitzJames, Patrick PitzJames Graunte, Callough M'Moelrony O'Car- roU, Teige O'Henyne, Ovsren M'Einaine, Richard M'Congillye, Thomas M'Congillye, Richard Burke PitzUllick, Theobald Butler 464 PATENT AND CLOSE EOLLS, [1597. 39 FitzPeirs, Henry Herrod, and Peirs Dalton PitzEdmond,, all of the Elizabeth, county of Kilkenny. — Dublin, Nov. 5. 18. Pardon of Shane M'Brien O'Neil, Neale M'Hugh O'Neil, Shane M'Hugh M'Phelim Nele, M'Hugh M'Morierty, Owen M'Don- nell M'Hugh buye, Brian Oge M'Brian ball, Con M'Brian ball, Brian Ballagh M'Toole O'Quynne, Henry M'Owen M'Quynne, Toole M'Owen M'Hugh M'Phelym, Donell M'Owen O'Nealle, Phelim Duffe M'Arte, Oge Manns M'Bnnoille, Owen M'Arte M'Ennoille, Hugh Ballagh O'Mulcallen, Owen M'Enabe, Edward O'Neale, William Savage, Donell Grome O'Mulcallen, Teige O'Mulcallen, Murtagh M'Hugh O'iVEulcallen, Neale M'Cormock O'Neil, M'Cormock Oge M'Cormock O'Neil, Gellegrome O'Mulcallen, Teige O'Melcrewe, Jenkin M'Richard, Phelim Duffe M'Shane M'Brian, Edward M'Don- nell M'Gellegronell, Edward M'Manus M'Gillegronell, Toole M'Can, Donell Grome M'Cormack Oge, Donell M'Neale Boye M'Gilleconnell, James M'Hugh M'Oallan, Golley Modderie M'Hugh O'Mulcallen, Eerdorogh M'Gnye M'Rosse. James M'Rowrie Duffe O'Hinghan . . . M'RorreDuSeO'Haighie, Owen M'Hugh O'Mulcallen, Toole Roe M'Enuolle, Paul M'Lernan, Brian O'Carr, Bnar Roe O'Malian, GilledromeO'Dornan, Gilleduffe O'Dornan, Edward Cogg O'Mulcallan, Donogh M'Enar O'MuUan, Rowry Modderie O'MuUan, Edward M'Gye M'Alexander, John M'Richard, Robert M'Gye, Neale M'Gyle, Rory M'James, Oge M'EnoIle, Rory O'Maddegan, Toole O'Mellan, Hugh Oge O'Mulcallan, Donell M'Cormock O'Mulcallan, Brian Grome O'Mulcallon, Oormock Modderie O'Mulcallan, Colle M'Shane boy M'Brian Cure, Mortagh M'EnnoUe, Jenkin Boy O'Dornan, Henry O'Dornan, Owen M'Bnnolle, Owen M'Gilleduffe M'EnnolIe, Brian M'Toole O'Nile, Nicholas O'Killen, Owen M'Enae, Mortagh M'Edor- nan, William O'Sheale, Giller M'EnnolIe, Phelim Duffe, M'Edmond M'EnnolIe, Patrick Madderie O'Howen, Shane Oge O'Mulcallan, Tynning O'Sheale, Delton O'Sheale, Brian O'Mellan, Rory M'Arte M'EnnoUe, and Evar M'EnnolIe. — Dublin, Sept. 16. 19. Pardon of Richard Masterson, constable of Perns ; Nicholas, his brother ; John Masterson, of Cloughamon; Donogh M'Caher,of Ballenobarnee ; Donnogh M'Criffon M'Oaher, of Perns ; Donnell M'Criffon, of Tomogaddye ; Moriertagh M'Donnell, of Ballynrushe ; Richard More Donnell, of Killdennys ; James M'Donnell, of Bally- cadame ; Donnell Roe M'Wiliiam, of Perns ; Mclaughlin M'William, of Aghemoe ; Dermod Kennye, of the same place ; Morrogh Reagh, of the same place ; Shane Sharro M'Dallo, of Cowle-yshill ; Morier- tagh M'Hugh, of Ballaghlough ; Shane O'Nellan, of Ballaghclane ; Edward M'Tirrelaghe, of Ballyneparke ; Pars O'Neale, of Burres- hanon ; Felix DuUan, of Ferns ; James M'Owen, of the same place ; Brian M'Caher, of Rathemogowen ; Charles O'Dale, of Pallice ; James M'Tirrelagh, of Ballymon ; Shane M'Donogh, of the Wood- towne; Hugh Ballagh M'Donogh Oge, of Ballyconnoe; Blenor FitzGerald, of the same place ; Sislye PitzGerald, of Cloughamon ; Seiveen Vaughan, of Ferns ; Morrogh M'Edinond, of Ballycaddan ; William M'Gillpatrick, of Ballynllaghe ; Moirertagh M'Gillpatrick, I597-] CHANCERY, IRELAND. 465 of the same place; Uayid M'Bdmond, of Ferns; Dermot Roe O'Doyle, 39 of Bally caddan ; Moriertagh M'Grerot, of the Pallis ; Donel M'Shane, Elizabeth. of the same place ; Donell M'Caher, of Cowlem'tyroe ; Owen M'Garroe, of Wiltownwood ; Philip Kerry, of Monedorloke ; James M'Donogh O'Keogh, of the Garran; Edmond M'Donogh Oge, of Rahemremonoe ; Moriertagh M'Edraonde M'Donogh Oge, of Bally- hamen ; Dowlen M'Dermot, of Ballybeg ; Phelim Reoghe, of Cowle- towne ; Philip M'Edmond, of Burrese ; and Teige M'Philip, all of the county of Wexford. — Dvhlm, Nov. 14. 20. Appointment of Sir Nicholas Walshe to the office of Chief Justice of the Court of Common Bench, in as ample manner as Sir William Weston held that office. To hold during pleasure. — Dublin, Nov. 15. Membrane 19. 21. Commission to Sir Thomas Norreis; John, Lord Bishop of Limerick ; William, Lord Bishop of Cork; Nicholas Walshe, Second Justice of the Chief Place; William Saxei, Chief Justice of the Province of Munster ; James Gould, Second Justice of the Province ; George Thornton, Provost Marshal of the Province ; George Bar- clay and Hugh Cuffe, Esq., for the Government of Munster. — > " Whereas, by the death of Sir John Norreis, the office of Lord President of our Province of Munster is now void, and having a present care for the good government of that province, the well ordering of our subjects in their dutiful obedience, and tlie due administration of justice there, reposing special trust and con- fidence in your wisdom, circumspection, and fidelity, whereof your former services in that province have made demonstration, by the advice of Lord Burghlie and of our Council, we nominate and appoint you Commissioners of our Province of Munster, as well within liberties as without, giving to you, or any three or more of you, full power and authority, for us and in our name, to govern, order, and rule our subjects of that province, as well in civil as martial causes, in such sort, with the advice of any two of you, and in like manner, as the said Sir John Norreis was authorized by us, either by letters patent, establishment, or instructions, alone or jointly with others in the province : commanding our Justices and others of our Coun- cil now established in that province, and all other our offipers, to be aiding, assistant, and obedient to the directions and commandment of you. Sir Thomas Norreis, or any two or more of you, in such like sort and manner as they were and ought to have been to Sir John Norreis." — Dublin, Sept. 9. 22. Appointment of Francis Barkeley to the office of Const9,ble of the Castle of Limerick; To hold during good behaviour, in as ample manner as John Dannett, Andrew Wise, Richard Chichester, Her- cules Raynsford, Robert Long, or John Blake held that office; receiving the antient and accustomed fees and perquisites; and her Majesty directs that he shall not be removed from the office without the concurrence of the Lord Deputy and Council. — Dublin, Nov. 2. VOL. II. 2 H 466 PATENT AND CLOSE ROLLS, [1397. 39 Elizabeth. Membrane 20. 23. Appointment of Walter Harrold to the office of Chief Engrosser of the Exchequer, or of the Pipe of the Exchequer ; To hold during good behaviour, with a fee of £10 a year, and such other perquisites and advantages as Ralph Coccrell, Francis Barney, John Goodall, Michael Kettlewell, Francis Capstock, or Geoffry Johnson enjoyed for the execution of that oflSce ; and her Majesty directs that he shall not be removed from the office unless upon suffi- cient cause, certified to the Lord Deputy, and by them communicated to the Council of England. — Dublin, Sept. 6, 39°. 24. Appointment of Robert Streat to the office of Marshal of the Courts and Gaols throughout the province of Munster ; To hold during good behaviour, in as ample manner as Patrick Grant executed that office. — Dublin, Sept. 19. 25. Appointment of Robert Peacock to the office of Keeper of the Seal of the Common Pleas, dnring good behaviour, with the accus- tomed fees and perquisites. — Dublin, Sept. 5. Membrane 21. 26. Appointment of William Crowe to the office of Chirographer of the Common Bench, during good behaviour, with the accustomed fees and perquisites. — Dublin, Aug. 30. 27. Appointment of Edward Loftus to the office of Serjeant-at- Law, during pleasure, with the accustomed fees and perquisites, in as ample manner as Arthur Corry, Richard Finglass, John Bath, Patrick Barnewall, or Edward Pitzsimons held that office. — Dublin, Nov. I. Membrane 22. 28. Licence to Thomas Marche to alienate to Richard Skurlocke the lands of Clonfadde, in the King's county. — Jan. 28, 39°. 29. Appointment of Thomas, Lord Burgh, to the office of Deputy- General of Ireland, during pleasure. — Westminster, March 5, 39°. Membrane 2'^. 30. Commission to Thomas, Lord Burgh, Lord Deputy ; the Archbishop of Dublin, Chancellor ; Sir Henry Wallop, Vice-Trea- surer ; Sir Robert Gardiner, Chief Justice of the Chief Bench ; Sir Robert Napper, Chief Baron of the Exchequer ; Sir Anthony Sent- leger, Master of the Rolls ; apd Sir Geofiry Penton, Secretary and Surveyor ; to grant wardships, leases, and liveries. — Dublin, April II, 39°. 1597-] CfiANCEEY, IRELAND. 467 39 Memimne 24. EUzabeth. 31. Commission to Thomas, Lord Burgh ; the Archbishop of Dublin, Chancellor ; Sir Henry Wallop, Vice-Treasurer ; Sir Robert Gardiner, Chief Justice of the Chief Bench; Sir Robert Napper, Chief Baron of the Exchequer; Sir Anthony Sentleger, Master of the Rolls ; and Sir Geoffry Fenton, Secretary and Sur- veyor, for levying her Majesty's debts. — " Whereas divers greate and notable somes of money, due unto us for our laat father of famous memorie. King Henrie the eighte, our most dear brother King Edward the syxte, our dear sister the laat Queene Marie, and also for ourself, by divers persons, remaining hitherto unpaid, and yet do depend in arrerage in our Court of Ex;chequer and the office of our Hanaper, within that our realme of Ireland, whereof we ought long, time ere this to have been satisfied and paid ; we, mynding alwaies the due satisfaction of all those, to whom, by occasion of any our affairs there, we have or shall be indebted, as to our honor besemeth, thynk it even so reasonable and convenient that all those who are indebted unto us, should of themselves, without compulsion, frank- lie and willinglie, oflfer the payment of their duties that unto us belongeth, the rather consideringe our great charges yearly sustained for the maintenance and support of our good subjects of that realm ; but for that we understand they doe not soe, but rather grow further in our debt, than seek ways to pay us the old ; and having at this time greate occasion to occupie money for sundry our affairs there,, we are enforced to use towards those our debtors some sharper kind of callinge than hitherto hath been accustomed, and, therefore trust- ing in your approved wisdom and discretion, have appointed and assigned, and we do by these presents, appoint, assign, and authorize you, to call before yon any of the heads or inferior officers of the Court of Exchequer, or of any other our courts there, charging and commanding them, and every of them, to declare before you, by book or books under their hands, all and singular such debts, sums of money, and other things as be due and owyinge unto us, or were due and owying at any time heretofore to our father, brother, or sister, in any of our courts, by recognizances, obligations, especiali- ties, bonds, arrerages of rents, and farms, or otherwise ] and there- upon our will and pleasure is that you shall call before you all our officers, ministers, tenants, farmers, or other persons who shall be found so indebted to us, by any manner of means, charging and commanding them, and every of them, forthwith to pay, to our use, all such monies as then shall or ought to remain in the hands of them or any of them, by reason of any office or offices, farme or farmes, col- lection or collections, specialitie or specialities, orby any other ways or means whatsoever; and to levy and gather to our use by demand, distress, or other reasonable waies, as the case shall require, all such debts, arrerages, and sums of money whatsoever as be due unto us, or were due unto our father, brother, or sister, by any person or persons aforesaid, and thereof to make payment to our use accordingly : " And to the intent that these orders and directions may have* VOL. n. 2 H 3 468 PATENT AND CLOSE ROLLS, [1597. 39 place, and you shall be obeyed in the execution of our commission El izabe th, as appertaineth, we authorize you our Deputy (and the other Com- missioners) to direct, under your hands, letters or commandments to any person or persons whom you find indebted as aforesaid, willing them thereby to make immediate payment, to our use, of all such sums of money as they or any of them owe or be noted to owe to us, or to our father, brother, or sister, in any of the books of arrerages or debts as aforesaid, or else that they, refusing to make payment accordingly, do appear at a certain day and place before you, and then and there show reasonable and just cause why they ought not to satisfy and content, to our use, the arrerages and debts so noted and entered to be due by them as before declared ; and if any person or persons, to whom you shall upon your letters and commandments, do neither pay his or their arrears or debts, or ap- pear before you to show good and just cause of discharge of the same arrerages or debts; then our pleasure and commandment is, and we give you full power and authority to direct letters or com- mandments to any sheriff, bailiff of liberty, or other officer in any countie within the realm, as well within the liberty as without, straitly charging and commanding every such officer, sheriff, or bailiff to attach all such persons as shall make contempt of your letters or commandments, bringing them and every of them person- allie before you at a place to be appointed by you ; which contempt we give full power and authority to you to punish and correct by imprisonment, fine, or otherwise, at your discretion. " And if upon the appearance of any person or persons, indebted as aforesaid, before you, they allege matter or cause of discharge of and for such debts and arrerages as shall be demanded of him or them in our name, or any part or parcel of the same, then we give full power and authoritie to you to hear and determine the same matters or causes of discharge, and to aUowe and defaulke out of the same debts and arrerages, such pensions and demands as to you, upon your examination or upon certificate in writinge, from any officer or minister of any of our courts, sha . be thought reasonable, and con- Tenient to be allowed and defaulked ; causing the same person or persons to make indelayed payment to our use of the rest of the debts and arrerages that shall remain due, besides the allowance and deduction aforesaid ; and if any such person or persons, upon consideration and examination of his or their debts, arrerage or arrerages, in form aforesaid, do not immediately content and pay, to our use, such sum and sums of money as shall be so found justly due and owing by them, or any of them, or if any person or persons, appearing before you, do not show good and sufficient matter in discharge of the debts and arrerages demanded to our use of them, or any of them, or any part or parcel of the same debt or arrerages, or if any officer or minister of any of our courts do not attend or execute the commandments of you our Deputy (and Commissioners) touching the service of these our causes, then we give full power and authority to you to punish, by way of fine, or to commit any such person or persons to ward, there to remain without bayle or mayn- 1597.] CHANCERY, IRELAND. 469 prize until you sViall think meet and convenient to enlarge such _ 39 person or persona. Ehzabetn. " And to the end you may the more assuredlie and expeditiblie serve us in the execution of this commission, our pleasure and commandment is, and we give full power and authoritie to you, to command any of our head and inferior officers or ministers to attend, hear, examine, search, and do all such thing and things as you shall think meet to be heard, examined, searched, and doue, touching, or in any wise concerning the causes of this our commis- sion, certifying unto you, under the hands of them or any of them, what they shall have found or done in the same, from time to time. "Also we give to you full power and authority to direct letters and commandments, under your hands, to any officers or ministers of our Court of Exchequer, or any other our Courts of Record in Ireland, commanding them or" any of them to award out of the said courts, under seal, any kinde of process or writ, to be directed to of against any person or persons for the levying of any of the debts or arrerages aforesaid, as to you shall be thought meet and con- venient. "And as some may happen to come before you, who, for divers good and reasonable causes, shall not be able to make present payment to our use of such sums of money as they do owe ; we, therefore, minding that some causes should be considered before others, giv« to you full power and authoritie, that, upon the consideration of the unfeigned disabilitie of any party so indebted, you our Deputy and the others, shall and may conclude for us, and in our name, with any person or persons indebted unto us, for any manors, lands, tene- ments, or possessions, to be bargained, sold, and delivered unto us, in fee simple, for the due satisfaction and payment of any debts or arrerages owing unto us, or our father, brother, or sister; allowing to every such person or persons so indebted, in recompence of the said manors, lands, tenements, and possessions, to be delivered to our use, the rate of twenty years' purchase, or under, and not above; and likewise we will and command that the assurance of the said manors, lands, tenements, and possessions shall be made and devised, by such of our learned counsel in the law as you shall think meet and convenient. " Also, that you shall and may, upon like consideration, estall anie of the debts or arrerages aforesaid, to be paid to our use, at such reasonable and convenient time as you shall think meetej but you shall not estall newe debts of five or six years olde, except the debtor be very poor, taking sufficient bonds and sureties of the person or persons to whom you shall give any such estallment or dates of payment : and after assurance made unto us, of any such manors, lands, or possessions, in recompence and satisfaction of their debts or arrerages, or after bonds taken or acknowledged to our use by any person or persons upon any estallment or dales, to be given for payment of any of the debts or arrerages as aforesaid ; we give unto you full power and authoritie to direct letters and command- ments under your hands to any of our treasurers, officers, pr minis* 470 PATENT AND CLOSE ROLLS, [igj*?. 39 ters of our courts to deliver, cancel, and make void, all bonds, recog- izaoet 1. jjj^ances, obligations, especialities, and writinges, whatsoever, remain- ing in the hands of any of the ministers of any of our courts there, touching or concerning any debt or arrerage for which you shall be satisfied and contented, in manors, lands, or possessions, to be assured to us as aforesaid, and for which any person or persons upon any estallment, shall have put in other bonds for sure payment of any debt or arrerage. " And forasmuch as it is given us to understand that a great parte of the debts and arrerages grow due by default of divers persons who held by lease, or otherwise, sundry lands, tenements, parson- ages, and tithes, for terras of years, for life, and in fee farm, we, minding not hereafter to bear any such default, but thinking our farms very well worth such rents as now are reserved upon their leases or grants, therefore give full power and authority to you, that if you find any farmer or farmers who have not, or do not keep the days and times of their payment, then you shall command any officer or minister of the court to make re-entry upon such lands and tenements so in lease or demise, according to the covenants and tenures of the same leases and demises, and forfeit to our use any of the bonds taken or acknowledged for the sure payment of the said farms, at your discretion, and according to the law of the realm: to the end that, upon your relation, we may bestow the farms upon such of our servants as we shall think meete to receive them, upon just forfeiture, to renew their leases, and to receive by way of increase, certain port corn, or hay, for the relief of the Deputies household, as also such clauses as are contained in the articles sent over in the time of the government of the Earl of Essex. " And our will and further pleasure is that all orders, directions, compositions, and agreements, which you shall make, touching or concerning the premises, subscribed by your hands, shall be good, sufficient, and immediate warrant or discharge to any officer or minister of any of our courts, for awarding and directing process for any arrerages or debts, or for the discharge, exoneration, or allow- ance of any debt or arrerage depending upon any person or persons in any of our courts, and for the cancellation and delivery of any recognizance, obligation, bill, especialitie, or other writing, touching or concerning any debt or arrerage which you, by reception of land, estallment, and other causes aforesaid, shall appoint to be cancelled; and because the execution of this commission with eflfect, will require great attendance, and great help of officers, ministers, messengers, and clerks, who must continually, and from time to time, travel by our commandment in our service, therefore our pleasure is that you shall allow to every person or persons occupied or employed in the premises, such reasonable sum and sums of money, for his or their charges, expenses, or pains, as in your discretion shall be thought convenient J and we give unto you full power and authority to direct from time to time, warrants under the hands of you, our Deputy, and Chancellor, to any Treasurer of War, or General Receiver of our Revenues there, for the time being, to make payment of such sum I597-] CHANCERY, IRELAN]). • 471 or euinfi of money as you shall allow and assign to any person or 39 persons in recompence of their travel, costs, or charges, sustained in Elizabeth, and about the service of this commission ; and this our letter shall be sufficient warrant to you for the execution of the premises, and to our Treasurer-at-War, and General Receiver of our possessions for payment of the money, and for executing the orders or command- ments of you our Commissioners, touching or concerning the pre- mises." — Westminster, April 1 1, 39°. Signed, Powle. Membrane 27. 32. Commission to Thomas, Lord Burgh, Lord Deputy; Sir Henry Wallopp, Vice-Treasurer; Sir Robert Gardiner, Chief Justice of tho Chief Bench ; Sir Robert Napper, Chief Baron of the Exchequer ; Sir Anthony Sentleger, Master of the Rolls ; and Sir Geoffry Fenton, Secretary and Surveyor; to grant and demise all her Majesty's lands and possessions in Ireland — to accept surrenders — to compound with persons of the ase of 21 years, who should have been in ward ; and to bargain and sell the custody, wardship, and marriage, of all heirs under age, and the degree of a Baron. — Westminster, May 24, 39°- 33. Commission to Thomas, Lord Burgh, Lord Deputy; Sir Henry Wallopp, Vice-Treasurer; Sir Robert Gardiner, Chief Justice of the Chief Bench ; Sir Robert Napper, Chief Baron of the .Exchequer; Sir Anthony Sentleger, Master of the Rolls ; and Sir Geoffry Fenton, Secretary and Surveyor, for levying her Majesty's debts. — West- minster, May 24, 39°. Membrane 30. 34. Presentation of John Connor to the perpetual vicarage of the parish church of Lakkagh, in the diocese of Kildare, vacant by the decease of Philip O'Killen, and in the donation of the Crown plena jure. — Dublin, Sept. 12, 39°. In Dorso. Membrane i. Elizabeth R. 35. The Queen to the Lord Deputy and Council. " Right trusty and well beloved, we greet you well ; the state of the realm is so uncertain and disordered, by reason of the continuance of the rebel- lion — without any special service done against the rebels — and not- withstanding the number of men, wherewith we are by you charged in pay, are, by the report made to us by your letters, greaterthan ever have been in memorie of man, or since it was conquested, employed, in that realm, that we know not presentlie what further to prescribe unto you for the speedie remedie hereof ; but speciallie wee finde most uncertaintie what to direct to be done for the order and govern- 4?3 PATENT AND CLOSE ROLLS, [1597. 39 merit of Connaught, and for the euppreesinge of the rebellion there, Elizabeth, either by force, which hath been all this last year used, to our •~~ great charges, without any good success, or by inducinge the heads and chieftains of the Irish rebels there, by treatie, to submission ; in which manner also long time hath been used, to our great charges, and yet little good effects have followed thereof, saving three or four only near to Athlone ; and yet as wee be now lately advertized by you, one of the chiefest of them who had submitted, Pardorogh O'Kelly, is newly revolted, but upon what occasion, or what is don or ment to reform him, wee have no report made, neither yet have we any report from John Norrys and Penton, what hope there is of bettring of that disordered state, and therefore, by reason of these uncertainties, we cannot absolutely prescribe any special manner of proceeding, but presently do make choice of this manner of proceeding, by degrees, as hereafter followeth : the Province of Connaught being chiefly to be regarded — first, considering the great number of complaints made against Bingham, by the people of that province, pretending the great wrongs and extortions by him and his followers, to have been the cause of their disloyalties; lilie as we have caused them to understand our princely disposition and clemency in yielding to have their complaints heard and tried, and the same to be reformed by the correction of Bingham, if he should be thereof duly convicted, so wee continue in the same mind ; and as Bingham of late came hither into this realm, with pretence to purge himself of the complaynts which are properly to be heard and examined in that realme, wee conceived that displeasure against him, as we did not only forbid him any access unto us, or to our Council, hut com- mitted him to prison, where he remayned until this few dayes, being only removed out of prison, to other custody, by reason of his sick- nes, and to the intent he should be returned thither into that realme ; and so, without yielding to him any audience here as he hath re- quired, we now send him thither in the custody of the bearer, Conyers Clifford, requiring you, the Deputy and Council, to let this, our severe proceeding against him, be made known unto the prin- cipal complainants in Connaught, by the means of Norris or Penton, if they shall think the same may further the disposition of the com- plainants to return to their obedience; and now, considering that we have suspended Bingham from the government and rule which he held there before time, and that it is convenient to have the office supplied during the suspension, we have made choice of the bearer, Conyers Clifford, knight, a gentleman of good sufficiency for service both in war and peace, having been heretofore employed in that province, so he is acquainted therewith ; and, therefore, wee will and require you, and by warrant hereof, do authorize you and our Chancellor to cause the like commission, under the great seal, to be made, to authorize Conyers Clifford to exercise the office of Princi- pal Commissioner there during our pleasure, in like manner as Bing- ham was authorized to doe ; and besides the commission, you shall deliver to him, in writing, such instructions as heretofore have been given by any our former Deputies and Council to Bingham, with 1597.] ' CHANCERY, IRELAND. 473 such other cautions to be added thereto as the tyme requireth ; and 39 because the entertainment of Bingham as Principal Commissioner, Elizabeth, and of sundry other ofiicers joined with him for the government there, the charges of their dyet, the pay of forty horsemen and a hundred footmen, have been borne only by the profits that did arise in that province by force of certain compositions made by the chief- tains there for sums of money, amounting yearly, by estimation, to £3,000 or more, besides certain sums answered to us, both for the re- venue of our lands and the impost of wynes in that province, with which yearly sums those charges were defrayed, and now being un- certain how much may be had and received of the composition, revenue, and impost, by reason of the general revolt and disobe- dience of the people there, we cannot specially direct the continu- ance of that former government, but with the means of so much of the same profits as can be recovered, or as from time to time may be recovered, either by means of treaty or inducement, or by forcing the parties chargeable with the yearly payments ; and, therefore, we would have you, the Deputy and Council, with the privity of Conyers Clifford, and with those who have been in commission with Bingham, first to enforme yourselves how much of the composition rent is presently to be had, and of that, to cause allowance to be made to Conyers Clifford, as Principal Commissioner, after the rate of an hundred pounds yearlye, and an allowance also for the wages of forty horsemen, and the band of footmen which Richard Bingham had, of which two companies, we will that Conyers Clifford shall have the like charge, during our pleasure. " And as far forth as any larger sums of money may be levied in that province, wee think it fitt that the Justice, Attorney, Clerk of the Council, and other officers heretofore appointed, be now newly placed in commission ; and as far as the money will serve, that may be recovered in that province, from time to time, by the composi- tion renewed and imposte, the same sums to be received by Conyers Clifford and his justice and officers repairing to the province, to be allowed by him for their diett and stipendes as by the former estab- lished was prescribed ; and in this manner we are occasioned to prescribe the reviving or continuance of this government with these several degrees of uncertainties, for that the state and condition of that province is, at this time, uncertain unto us ; and, therefore, we require you to advertise us presently, how these our orders may be executed, and, from time to time, also how the same may be executed by recovery of our composition and revenue, wherein we doubt not . but Clifford will employ himself, by all good means, to recover the same, and to enable him to do so, we require you to give him autho- ritie, as John Norrys had, over all the forces that shall continue in that province, which numbers we know not how many to limit, for lacke of knowledge of the state of that countrie, but refer the num- bers, to be there continued, to your discretion, upon good consulta- tion thereof had ; and for this purpose we will you, the Deputie, to require John Norris to repaire to Dublin, there to give his best advice, as a principal counsellor of that estate, until we shall give him any other direction for further employment j yet, nevertheless, 474 PATENT AND CLOSE ROLLS, • [1597. _ 39 if, at the time of the receipt of these our letters, it shall appear unto Elizabeth, you manifestlie, that John Norris, by treatie lately intended with the Erie of Tyrone, hath recovered any further number of the heads and chieftains of the province of Connaught to submit themselves to live and continue as obedient subjects, then shall you permitt John Norris to abide there to finish such offered submissions, and to receive sufficient pledges for the same before you shall remove him from thence ; but without good appearance of such submissions to be presently perfitted and good pledges taken, you shall not stay him any longer in the province to govern the forces there ; and yet if for these respects he shall continue for some time, yon shall au- thorize Conyers Clifford, with the former commission, to repaire unto that countrie as Chief Commissioner of that province, and join with Norris about the recovery of such persons to their obedience ; and Norris is not to continue there longer than it may appear his presence is necessary, for some short time, to recover the country to obedience by such offered submissions without delay. "As to the proceeding for the examination of the complaint against Bingham and the trial thereof, wee think it meet that, after the complainants shall be made privy of our hard usage of him liere, and the remitting of him to be tried in Connaught, they be also warned, at some reasonable day, to come with their complaints and proofes to some place in Connaght, near Athlone ; and upon that determi- nation, you shall give commission to any two of our Council to join in commission with Norris and Secretary Fenton to hear and ex- amine the said complainants, with their proofes, and the answer also of Bingham, his brethren, and followers, against whom the com- plaint be exhibited, of whom we have commanded such as are here, to return thither and present themselves to you, to be sent into Connaught to answer the complaints wherewith they are charged ; and after the same be fully heard by the four Commissioners, we will that true report be made by them, in writing, with aU circum- stances, for the understanding of the truth on both parts, to be sent unto us, so as thereupon we may determine our further pleasure for a good ending of that cause, to the good of the countrie. "And although our meaning is not that Clifford shall be a Commis- sioner in the cause concerning Bingham's trial, yet, to the intent he may be the better acquainted both with the state of the countrie hereafter, and presently being there appointed our Chief Commis- sioner, during our further pleasure, our will is that he shall be pre- sent at all the proceedings. " Upon the perusalof the charges answered by the composition, we find that the Earle of Thomond of late contrived to have £200 a year paid him out of the same composition if the same might so bear it, which Bingham made some diflBculty to pay, by reason sometimes the composition was not able to satisfie the necessarjr charge, and therefore, at this time, we would be persuaded to think it the harder, and not to expect the payment thereof hereafter, but as the compo- sition may bear it, wherewith we doubt not but he ought to rest "We think it convenient, that althaugh Bingham has interest in IS97-] CHANCERY, IRELAND. 475 the office of Athlone, during the time he shall be suspended from the 39 governmeDt of Connaght, that Connyers Clifford shall occupy the Elizabeth. same room ; that he be permitted to have the use of the Castle of Athlpne, consideringe there is no other house within the province so meet for him to reside in ; and yet, nevertheless, if Norris shall continue there for anie time, for the respects before mentioned, he may also have his lodging in the same castle. Tou shall also, for the better countenancinge of Conyers Clifford in his charge, cause him to receive the oath of a Privy Councillor in that kingdom as Bing- ham formerly had. " As we have appointed to send Bingham, his brethren, and others, against whom the complaints are made by the people of Con- naught, into some parts at Athlone or neer thereto, wee would have you have good regard that they may safely, without danger of any rebellious people in Connaught or otherwise, repair thither and con- tinue there during the time their causes shall be heard, whereof as we have given warning to Conyers Clifford, so we require you to give special charge thereof to Norris, Fenton, and the other two Commissioners, to have a good regard thereto." — Westminster, Dec. 4, 39°- Membrane 2. 36. Writ to the Sheriff of Cork to assign competent dower to Onoria Fitzgerald, widow of John Fitzgerald, late of Ballymartre, out of his lands and possessions — Dublin, May 13, 38°. Return of the Sheriff, stating he had assigned to Onoria Fitzger- ald the mill castle in Ballymartre, with a third part of the close adjoining the mill of Ballymartre, a third part of the lands called Cahirulteyne, with several other lands, of which he, the Sheriff, had given her peaceable possession. — Sept. 15, 38°. Membrane 3. 37. Memorandum of Philemon Holland, on the 9th April, in the 39th year of her Majesty's reign, having appeared in Chancery, and producing the bond next hereafter mentioned, prayed that it might be enrolled. Bond whereby Edward Senynson, of Clonecosgrayne, in the county of Waterford, and John Hoare, of Dungarvan, in the same county, are bound to Edward Holland, of Coventry, iu the county of the city of Coventry, in the sum of i 160. — April 3, 38°. Condition of the preceding Bond. [Note. — On the margin of the Roll is entered a vacate of the pre- ceding bond ; satisfaction being acknowledged by the cognisee.l IkSam 476 PATENT AND CLOSE ROLLS, [igg^. 39 BUzabeth. Elizabeth R. 38. The Queen to Sir William Russell, Lord Deputy, and the Council. "Right trusty and well-beloved, wee greet you well: Whereas, heretofore there hath been a composition (a) made with our subjects, inhabiting within the precinct of the English Pale, for a yearly sum of £2,100, to be levied and paid by them, by way of composition, in lieu of cesse, out of which sum we have also been pleased to allow to our former Deputies, towards the maintenance of their house, instead of the benefit which before the composition they usually had by the cess, one thousand pounds a-year ; and that now we have sent our right trusty and well-beloved, the Lord Burgh, to M. The Composition above referred to. Whereas, the Queen's most excellent Majesty, having a princely care for to ease her subjects in that realm of the burtlien of cesse, and other charge of soldiers, which from time to time hath been laid upon them, hath entered into considera- tion of the composition formerly taken of £2,100 sterling, heretofore assented unto, and for that end hath signified her pleasure, either by a special instruction, con- tained in a book among other things, and intitled, " Instructions by the Queen's Majesty, to be communicated and imparted by Jeffery Fenton, her high Secretary in Ireland, to the Lord Deputy and Coimcil there ; at Greenwich, the 26th of February, 1585 ;" which instruction is recited in these words: whereas the com- position of £2,100 sterling, heretofore assented unto, hath been of the space of divers years omitted, and not levied ; we, understanding by letters from some of the L. L. of the pale, that it is a matter agreeable to the country, have therefore thought meet the same should be continued and revived, until we shall give direc- tion to the contrary ; and therefore, our pleasure is, that the same Lord Deputy cause to be assembled the Nobility and Grand Council, according to the former usage in like cases, and to move them to renew and accept the said composition, upon condition, that they assenting thereunto, the same shall stand in lieu of cesse in such countries as shall stand and yield to the contribution, as well for the army, as for all other duties heretofore imposed for the Lord Deputy's house, and the same to continue during our pleasure. And whereas heretofore the countries of Kilkenny, Tipperary, Wexford, Carlow, and the counties of Leix and Offaly, were contributors to this composition, according to such rate and portion as was set down in the council book there ; we see no cause that they should be dispensed withal but every one to bear their several shares and part as is allotted upon them ; which, if they shall refuse to do, then may the Lord Deputy lay .soldiers upon them according to the measure and rates of their parts of theu: bearing, wherein, nevertheless, regard is to be had to favour, and ease as much as may be, such of the said countries and such part thereof as lye waste, and are impoverished most, (as it is informed that some part of Carlough is) upon which instruction the Nobility and Grand Council this day were assembled, the said article read, and her Majesty's bounty and grace offered, and exclaimed by the Lord Deputy, demanding of them whether they would accept of the same composition, and consent to the yielding' thereunto ; who not only freely assented with one voice, but also did ncknowledge themselves much bound to her Majesty, in that her higlmess had this princdy care over them, to receive this composition of £2,100 sterling in lieu of cesse, as well for the ai-my, as for all other duties imposed for the Lord Deputies, to be levied in such shires and countries, as in her Majesty's article and instruction above recited is contained. And further, whereas the said Lord Deputy, in the behalf of her Majesty, hath signified unto us the L. L. and othei-s of her Majesty s Nobility and Council, that her highness's pleasure was, that we of the Pale, and others who have heretofore yielded to the answering of the said composition, should make payment, as well of that which hath not been levied since the time that the soldiers have not been )ipon the country, as also of that which should upon treaty 1 597- J CHANCERY, IRELAND. 477 succeed in the place of Deputy to Sir William Russell, we are 39 pleased to allow unto him the said sum of £1,000 by the year, in lieu Elizabeth, of cess, out of the composition money of £2,100 ; wherefore we will and require you, and by virtue hereof give you warrant to make allowance unto him of the same in like sort as former Deputies have had, so as there be good order taken that we be truly answered of the sum of £1,100 which remain; and these our letters shall be your sufficient warrant and discharge in this behalf." — Westminster, April 18, 39°. Secretary Cecill to Lord Burghe, Lord Deputy. — " My very good Lord : The Queen having been informed by Sir Geoffry Penton, her Secretary and Surveyor of her possessions of that kingdome, that the witli us the L. L. and others of the Pale, to be by them assented unto, to be yielded by way of composition in time to come ; and to that effect did shew unto us a part of a letter directed to his L. signed by her Majesty, the tenor of which article ensueth. And because we have by special instructions, delivered unto Secretary Fenton, giving order for the reviving of the coriiposition of £2,100 in lieu of cesse which hath been omitted well near the space of seven years, in respect of the soldiers, were sometimes cessed upon the country ; by which said instruc- tions, forasmuch as it is not ordered that the country should be dealt withal, for the answering of so much of the composition as is due since the time that the soldiers have not been laid upon them, which is now well near by the space of three years ; our pleasure therefore is, that you shall deal with those of the pale, and others who have heretofore yielded to the answering of the said composition, to make payment as well of that which hath not been levied since the time that soldiers have not been cessed upon the country, as also of that which shall upon treaty with the L. L. and others of the Pale, to be by them assented and yielded unto, by way of composition, in time to come. Given under our signet, at our Manor of Greenwich, the 26th of February, IJ85, in the 28th year of our reign. Forasmuch as her Majesty, in her former instructions, hath most graciously and bountifully dealt with us, and the rest of her Majesty's subjects here, which hath been as acceptably taken and received, and most willingly yielded unto ; so, in like sort, to the end we may make manifest to her Majesty, our willingness to yield to her direction, and acknowledge our bounden duties to her Majesty for so gracious a benefit, we are well contented, and do all hereby consent and agree, that the said composition of £2,100 sterling shall be levied and taken to her Majesty's use, as well for the time past, according to her Majesty's letter, as also for the time to come, during her Majesty's pleasure; and therefore we, the Lord Deputy, Nobility, and Council, and Grand Council, whose names are hereunto subscribed, with the assent whole voice of the chiefest and most part of the gentlemen of the pale, do hereby promise to stand to the said composition of £2,100 sterling, in manner as before is recited, to be levied, taken, and reared to her Majesty's use yearly, as also from year to year after, to continue for so long time as it shall please her Majesty, according to the said instruction. And it is further agreed, that the two former acts of Grand Council, entered in this book, folio 288, and folio 290, the one bearing date the 29th of January, 1585 ; the other the 28th of September, 1585 ; provided by the Lord Deputy and Grand Council for a com- position in lieu and satisfaction of the cesse and victualling of the garrison, from Michaelmas, 1584, hitherto, shall be utterly. void, and held as concluded within this article of agreement, and the said shires and countries henceforth not other- wise to be charged, than is contained in this act. Given at her Majesty's Castle of Dublin, the 15th of May, 1586. John Perrott. Tho. Miden. Jo. Kilmoren. Jo. Armaham. O'Gormanston. ^'Dultim ?- ^Z Ad. Dublin, Cane. Tho. Slane. Hen. Walloppe.'' 478 PATENT AND GLOSS ROLLS, [1597. 39 Eecords of the Survey in hia charge, for -want of a convenient office Elizabeth, or place to keep them in, are bestowed In his own house in Dublin, where they are subject to many dangers and casualties both for embezzeling and corruptinge, as hath formerly happened unto them, in his predecessors' times ; and for that they are records of special importance for her Majesty's own revenues in that kingdom, in which respect they ought to be better regarded, than loosely to be kept in anie private man's house, where they may be subject to any inconveniences at all ; her Majesty therefore, being minded td have them reserved from henceforth, in some place of more safetie, hath made choice of those rowmes in the Castle, which her Majesty's Auditor, Mr. Gennyson, lately enjoyed, which she thinks are and • may be made very convenient for the same ; having commanded me to signify so much to your Lordship, by whom she is pleased that direction should be given for the placing of these records there. This is all I have to write unto your Lordship for the present, and so I leave you to God's protection. — Prom the Court at Greenwich, the 23rd May, 1597. " Your Lordship's loving and assured friend to commande, « Ro. CecyU. " To the Right Honble. my verie good Lorde, the Lord Burghe, Lord Deputy of Ireland and Knight of the Garter." Membrane 4. Elizabeth R. . 40. The Queen to the Lord Deputy and the Lord Chancellor. — " Right trusty and well-beloved, we greete you well : We have received so good testimonie, as well from our late Deputy and Coun- cil of that our realm, as from our ministers in our province of Con- naught, of the long and painefuU service there done to us by Capten Greene O'MuUoy, and of his grievous hurts and maims therein received, as to have thought him worthie of our gracious reward ; wherefore we have assigned unto him the next pension that shall fall void in that our realme ; wee doe therefore will and commande youe that, when anie such pension shall next be vacant, the same be bestowed upon him, by such grant or admittance thereunto, as other our pensioners of like nature : and in the meantime, until he be pos- sessed of such a pension, that you employe him in such service and charge as you shall find him capable of, and shall be answerable to his former deserts, thereby to afford him some present relief: and in any case you do foresee that none be preferred to any pension before him, but such as have our own hand writing for it already Givea under our signet at our manor of Greenwich, May 26, 39°. "To our right trusty and well-beloved the Lord Burgh, our Deputy of Ireland, and to our Chancellor for the time being.^' 1597-1 CHM^CBRT, IRELAND: ' ' 479 Elizabeth R. . , 39 41. The Queen to the Lord Deputy.—" Right trusty and well- EUzabeth. beloved, wee greete you well : Wee have received the humble petition of Captain Henry Moyle, shewing unto us that heretofore, in the time of Pitz William, our Deputy, the wardship of the bodie and landes of the sone of John PitzBdmond of Ballymarter, late Senesohall of Imokilly, was given to his sone, John Pitz Williams, and from him, by composition, transferred to Sir Walter Raleigh, knight, Capten of our Guarde, who sued out the ordinary warrant for the letters patent thereof, and from him again, by like composi- tion, the said Henry Moyle, who by virtue thereof, enjoyed the same quietlye by the space of eight years, until now of late, in the time of Russell, our Deputy, one Newman, servant to Anthony St. Legei, having found that by some oversight of such as were put in truste by Raleigh or Moyle, being absent in our service out of that realme, the grant of the wardship was never further sued than to the fiat, and not passed under the great seal, procured a grant thereof by letters patent, and by virtue thereof, — Moyle being absent in our service here, where we have of late used him, — hath dispossessed him thereof, to his great losse; whereof he hath humbly besought us of our gracious reinedye, which we, of our princely disposition, holding it reasonable to aiFord him, for we think it not meete that our service should be turned to any man's hinderance, have granted him these our letters to youe, whereby we require you that Newman may be called before you, or such of our Council as you shall think good, and this our pleasure made known unto him, and he be required to deliver up his letters patent of the wardship to the assignees of Henry Moyle, to be enjoyed by him according to the first grant thereof made, which though we might, in protection of the safeguard of our service, require at his hands, without other con- sideration, yet are we pleased, in our clemensie, that you shall, as occasion may be, administer recompense to him, either with some other wardship that may fall, or gift of other nature, which in your discretion shall be thought meet for him, and upon surrender of the letters patent by Newman, you cause the like to be made tq Henry Moyle in his own name, under our great seal of that our realm. — Greenwich, June 17, 1597, 39°. " To our right trusty and well-beloved the Lord Burghe, Lord Deputy of our realm of Ireland." Elizabeth Regina. 42. The Queen to the Lord Deputy and the Council of Ireland " Right trustie and well-beloved, wee greet you well : we lately caused our Council here, by their letters, to signify unto you our good liking of the returne into that realme of the Countess of Desmond, for the opinion we have conceived of her good and lawful behaviour towards us and our state, so we have now bin pleased to confirnie the same unto youe by these our owne letters : and withal to require yon to yeelde unto her your favourable assistance in all her lawful! 48o PATENT AND CLOSE ROLLS, [1597. 39 good causes as she may, from time to time, stand in need thereof, Elizabeth, and agreeable to the degree she holdeth : and because we understand that in our pardon, granted unto her, there is a clause prohibiting her from departing out of that realme without special license of our Deputy and Council there, for the time being, contrary whereunto she hath done, by her cominge from thence without any such license had, and thereby forfeited certain bonds wherein she is entered for the performance of that clause : we are pleasedjof our favour, to remit the same unto her, touching the point of her coming oyer with- out license ; and if her pardone be of force against her for the same, ye do forthwith take order fo cause it to be made stronge for her indemnity against us, and that the bonds for the observation thereof may not be hurtful or prejudiciale unto her for that which is paste. — Greenwich, June 23, 1597, 39°. " To our right trusty and well-beloved the Lord Burgh, Deputy of our reailm of Ireland." Membrane 5. Elizabeth Eeoina. 43. The Queen to Sir Thomas Norreis, Lord Justice, and the Council of Ireland — " Trustie and well-beloved, wee greet you well, and doubt not by this time you, the Council, have received those dispatches of ours which contain our pleasure for the distribution of the government of our kingdom both martial and civil, wherein we did rather use a form of prescription, because we were advertised by the letter, which was sent over with the unpleasant news of our untimely losse of our faithful servant, the Deputy of that kingdom, that ye wolde proceed immediatelie to the election of a couple of Justices ; but having since perceived that choice is made of yon, Thomas Norreis, provisionablie to be sole justice until our pleasure should be further knowen, and forasmuch as we consider it were high time that our province of Munster had its government again .established and the pollicye of the whole kingdom were settled, we command you, our Justice and Council, to make choice of the Lord Chancellor of that kingdom an d Chief Justice Gardiner to be the Lords Justices, and to constitute our cousin the Earl of Ormond to take the charge of all our martial services, according to our pleasure sig- nified and commission sent to that effect by the last dispatch ; all which being done, our pleasure is, that you, Thomas Norreis, having commission made you by the Lords Justices agreeable to your bro- thers' patent, shall repaire to Munster there to be resident for the government thereof. — Westmin^er, Nov. 15, 39°. " To our right trustie and well-beloved Thomas Norreis, knight, Lord Justice of Ireland, and to our Council established in the said realme." 44. Secretary Cecill to the Lords Justices "My verie good Lords ; I have seen a oopie of a warrant under the late Lord Deputy's 1597-] CHANCERY, IRELAND. 481 Iiand, containing a grant from his Lordship of the wardship of the 39 heir of one Tuite unto Sir Geffraie Fenton, albeit the same was not Elizabeth. absolutelie perfected, in respect of his Lordship's untimely death ; and having acquainted her Majesty therewithal, I find her so gratiously disposed towards Sir Geffraie Fenton, being one whom she holdeth in good estimation, as she will in no wise have the grannt frustrated, but requires you, in whom the same power that the Deputy had, is settled, to confirm it to him, with such provisions and cautions as in such cases are used : This is all I have to trouble your Lordships withall for the present, and therefore I take my leave. — From the Court, the 19th November, 1597. " Your Lordships' very loving and assured friend, "Eo. Cecil!. " To the Right Honourable my verie good Lords the Lords Justices of Ireland." 45. Grant to Edward FitzGerald of Rathsillagh, in the county of Kildare, of the tithes of corn, bay, and other tithes of the town and fields of Calliaghton, in the county of Dublin, which are collected by two couples of corn or grain, parcel of the lands and possessions of the late dissolved house of the " Nonnes of the Hogg," near Dublin, amongst other things, demised to one Edmond FitzAlexander, by indenture dated the loth of November, in the nth year of her Majesty's reign, from the 12th of July, in the year 1587, for 21 years : also the rectory or parsonage of Moiglare, alias Moiclare, in the county of Meath, with the tithes of all kind of garbage (sheaves), corn, grain, hay, and grass, of the parish church of the rectory, which are yearly collected as follows, viz.,, in the town and lands of Moiglare by eight couples of corn, the one wheat and the other oats ; in the towns of Kilgreige and Butterestowne by three couples and a half, and the tithes of three acres of land ; in the villages of Porterstowne, Kynnyne, and Parrocks, by five couples ; in the village of Baldogen and AghoU, by three couples and a half, and the tithes of five acres of land ; in the villages of great Moigaddie and little Moigaddie by five couples ; in the village of Killane by three couples, in the county of Meath ; parcel of the lands and possessions of the late monastery or religious house of Thomas-court, near Dublin, formerly demised to William Manning, gentleman, by indenture dated the 3rd June, in the 31st year of her Majesty's reign, for 21 years : also the town, village, or hamlet of Little Grange, in the county of Kildare, containing 119 acres of arable land of standard measure, and 40 acres of pasture, parcel of the lands and possessions of Edmond Eustace, attainted, which were, amongst others, demised to Henry Sheffield by inden- ture dated 2Sth November, in the 33rd year of her Majesty's reign, for 3 1 years ; also the tithes of corn, hay, and other tithes of the rectory or parsonage of Killincowle, alias Kilcowle, alias Vallinla- kinge, together with the towns, villages, or hamlets of Genenehiff TOL. n. 11 482 PATENT AND CLOSE ROLLS, [tg^?. 39 and the Grange, in the county of Tipperary, which, amongst others, Elizabeth, were demised to John Dongan, by indenture dated 28th August, in the 34th year of her Majesty's reign, for 21 years : the rectoty or parsonage of Blanch villestowne in the county of Kilkenny, with the -tithes and alterages, parcel of the spiritual possessions of the late monastery of Jeripont, in the county of Kilkenny, amongst others, demised to Sir Henry Radcliffe, by indenture dated 20th Sept., in the 19th year of her Majesty's reign, for 31 years : the rectory or parsonage of Gilton, in the county of Kildare, and the tithes, great and small, of the rectory or parish church; , parcel of the possessions of the late abbey or monastety of ■ Baltinglasse ; the rectory or parsonage of Kildroght, in the county of Kildare, with the tithes of all kind of garbage (sheaves) or corn of the parish church of the rectory, which are yearly col- lected by thirteen couples of acres of corn or grain, parcel of the possessions of the late monastery or dissolved house of Thomas-court, near Dublin ; a water-mill called Marten's mill, with the fishing of the water of the river of Galway, in the county of Galway, parcel of the antient inheritance of the Queen ; which, amongst others, were demised, in reversion, to the Mayor, Bailiffs, and Commonalty of the town of Galway, by indenture, dated the nth September, in the 20th yeat of her Majesty's reign, for 50 years, from the Feast of Saint Michael the Archaflgel, 1579 ; also 8 acres of arable land of great measure, making 24 acres of standard measure, and 12 acres pasture, waste, and unoccupied, in the town and lands of Lynnan's-gardea, iii the county of Kildare, parcel of the possessions of James Eustace, Ute ViscoUnt of Baltinglass; attainted, which were, amongst other things, demised, in iarm, to Brian Eitz Williams by indenture, dated 36th August, in the 30th year of her Majesty's reign, for 21 years ; 10 acres pasture, and 30 acres arable in Prior- ton, in the county of Tipperary ; a garden in the county of the city of Waterford, late in the tenure of Margaret Walshe, another garden late in the tenure of Robert Salmoy, parcel of the possessions of the late abbey of St. Katherine, near Waterford ; the rectory or parson- age of Burnchurch, in the county of Kilkenny; the lands, tene- ments, tithes, oblations, and alterages of Bewper, with the appur- tenances, in the county of Kilkenny, parcel of the possessions of the late monastery of Kells, which were, amongst othel: things, lately demised to Anthony Power by indenture, dated 12th December, in the 19th year of hei' Majesty's reign, for 30 years, from the Feast of Easter, 1581 ; a water-mill upon the water of Clonkill, in the county of RosdoiDmon, within the province of Connaught, patcel of the late abbey of Athlone; two other water-mills upon the bridge of Athlone, a castle oli the east part of the same bridge, arid a snlall parcel of laud t(J the oastle adjacent, *ith the ivatercoilr^e theifetb appeftaifliti'g, in the dotnty of WeStiUeathj partiel of the ancient in- heritance of the QUeeti ; atuotigst other things ietHiabd iii fartti to Edmond O'Fallotl by indenture, dated 8th BejitefflW, in the aoth year of her Majesty's *eignj iot it yeferSj atid MtoiWkti^ leased in reversion to Edniond O'Pallon by indetiiurei dated iBtk AngUSt, in 1591-] CHANCERY, IRELAND. 483 the 3211(1 year of her Majesty's reign, for 30 years ; a messuage, with 39 a garden, a part, I2g acres of arable ground in Sherlockstowne, in Elizatetl}, the county of Kildare, with liberty of common of pasture, late in the tenure of Nicholas White, parcel of the possessions of Thomas Eustace, of Kerdeston, attainted ; the church or chapel of Agherie, with the appurtenances, in the county of Longford, with the tithes • of two quarters of land in the town and lands of Agherie, parcel of the possessions of the late abbey of Shrowle, amongst other things demised in farm to John Lie by indenture, dated at Dublin, 26th April, in the 35th year of her Majesty's reign, for 60 years ; one cartron of land in the town and fields of Tagsmatt, alias Taghsynny, in the county of Longford, parcel of the lands and possessions of the late abbey of Loghsewdie, in the county aforesaid, and also demised to John Lie, for 60 years ; a cartron of land containing 8 acres of arable land called Sian, near Peirstowne, in the county of Westmeath, parcel of the possessions of Oliver PitzGerald, late of high treason attainted, and likewise demised to John Lye by the indenture afore- said; a garden in the county of the city of Waterford, late in the tenure of James Woodlocke, another garden demised to Edmond Sherlock, another garden in the tenure of Ellen Knock, and two gardens demised to William Browne ; the rectory or parsonage of Dromarie, in the country of O'Kestrie, with all the appurtenances to the rectory appertaining, parcel of the possessions of the late abbey of Saint Katherine, near Waterford, in the county of Water- ford ; and a sixth part of the customs of all cattle sold in a certain fair, or market, commonly called " the green of the Naas," jn the county of Kildare, parcel of the possessions of James Eustace, late Viscount Baltinglass, attainted, amongst others, demised in farm to James Vaughan by indenture, dated 27th March, in the 25th year of her Majesty's reign, for 30 years. To hold for 31 years, from the determination, surrender or forfeiture of the several demises hereinbefore mentioned Rent £41 i8s. 6d. current English money, making £54 12s. i^d. Irish. PitzGerald covenants also to pay all proxies, sinodals, stfpends of curates, and other charges, ordinary and extraordinary, issuing out of the premises, (the pensions and annuities of aU religious and con- ventual persons of the late religious houses excepted), and. suffi- ciently repair and maintain all chancels, chapels, edifices, and build- ings, at his proper cost and charges. — July 7, 1597, 39°. Membrane 22. 46. Memorandum of John Starlynge, of Maryborough, in the Queen's county, burgess, on the 8th November, in the year afore- said, having produced the following deed in Chancery, and prayed that it might be enrolled : — Conveyance whereby Patrick Crosbie, of Dublin, granted and con- veyed to John Sterling, of Maryborough, two messuages or tene VOL. II. 2 J 3 484 PATENT AND CLOSE ROLLS, [1597. 39 ments, late in the possession of Robert, George, and John Whitney, Elizabeth, jn Maryborough ; To hold for ever in as ample manner as they had been granted by patent, dated 21st March, in the 32nd year of her Majesty's reign, to Patrick Graunte, and by him conveyed to Patrick Crosbie by deed, dated the last of November, in the 35th year of her Majesty's reign; To be held of the chief lord of the fee by the ser- vice due and accustomed Rent 4s. Irish. — Nov. 20, 38°. Elizabeth R. 47. The Queen to the Lord Deputy. "Right trustie and well- beloved, we greet you well : wee have been advertized by letters from some of our Council there of the death of Robert Dillon, knight, late Chief Justice of our Court of Common Pleas in that realme, and withall have seen their recommendation of Nicholas Walshe, Second Justice of our Bench there, to be meet for the exercise of the office of Chief .Justice, now void, as well in regard of his long and painful service in his place of Justice and of a commissioner there, as also of our former pleasure expressed in some sort, in an act of our Council here, for his preferment upon any like occasion, which, hereby approv- ing, we do let you understand our pleasure is, that immediately upon receipt hereof, he be admitted to the place of our Chief Justice of the Common Pleas, which Dillon lately held, with all fees, allow- ances, and commodities which Weston, or any other Chief Justice of the Bench has had ; and that yon cause to be ministered unto him the oath accustomed, and such writs, warrants, or letters patent to be made to him as the place, and the fees and allowances to it appertaining, have been used to be held by. — Westminster, Oct. 22, 1597, 39°- " To our right trusty and well-beloved the Lord Burgh, our Deputy of our realm of Ireland." Memorandum of Richard Daniel on the tenth day of November, in the year aforesaid, having appeared before the Master of the Rolls, and prayed that the letter preceding might be enrolled, which was accordingly granted. 48. Pardon of William Kenyge, of Newcastle Maginnagan, in the Byrn country, yeoman. — Dvhlin, Dec. 4, 39°. Membrane 23. Elizabeth R. 49. The Queen to the Archbishop of Dublin, Chancellor, and the Earl of Ormond. " Right trusty and right well-beloved, we greet you well : forasmuch as we have determined to appoint our cousin, the Earle of Ormonde, to take the principal charge of our armye and all martiall services to be done in that realme, and that such as are 1597.] CHANCERY, IRELAND. 485 appointed and chosen to occupy the place of Lords Justices, sha,ll 39 also continue in their government to all other purposes, saving ^ "'^"" '■ the direction of all the martiall affairs, which especially we have committed to you, the Earle of Ormond ; and it is reason that hoth they and you have allowance, both of entertainment for yourselves,, and for some number of horsemen and footmen to attend upon you, and that the ordinary entertainment of the Lord Deputy of that realme hath been, to be allowed one hundred pounds sterling by the month, 50 horsemen, and 50 footmen in wao;es ; we have thought it convenient to order that you, the Earl, shall have, for your enter- tainment, one hundred marks sterling by the month, thirty horsemen, and thirty footmen in wages; and that ye, the Justices, shall have betwixt you to be divided, for your entertainment, the sum of ^33 6s. 8d., and either of you to have ten horsemen and ten foot- men a piece, which we think reasonable for you, the Justices, con- sidering you shall not be charged with any forrain martial ser- vice abroade ; and to these allowances, we are contented that aug- mentation may be made to make the same pays answerable to ster- ling (money), as beforetirae hath been allowed to our Deputy; and for the ordinary allowance towards the charge of hospitalitie and household, in recompense of a composition with the countrie, we think it convenient for you, the Earle, for the time of your service, shall be allowed two parts thereof, and you, the Lords Justices, to have the third, all which allowances we will to be made, and you, the Treasurer, to have allowance thereof as in former years you have had, and this our order to continue until we shall see further cause to make stay or exchange thereof. " At the writing hereof we'had not heard from thence of the choice of the Lords Justices, or of any thing else since the death of the late Lord Deputy, but only the signification of the time of his decease and of an intention to make choice of the Justices. — Westminster, Nov. 2, 1397, 39°. " To the most reverend father in God, our right trusty the Arch- bishop of Dublin, Chancellor of our realm of Ireland, and to our well-beloved cousin the Sari of Ormond, Treasurer, and the rest of the Council." 50. The Queen to her well-beloved cousin Thomas, Earl of Ormond and Ossory. " Forasmuch as by the death of the Lord Burgh, our late Deputy of our realm of Ireland, our realme is destitute 'of a Superior Grovernor, and though w;e understand from our Council there, that they have intended to make choice of twoe, to be Lords Justices of that realme, during the vacation of a Superior Governor and Deputy, yet considering how necessary it is to have our martial service governed and commanded by some special person of trust, knowledge, and experience, in the martial affairs of our realm, we have, upon the special trust we repose in your fidelity, and' the knowledge of your experience and valour, made choice of you to be our Lieutenant-General and Captain of all our forces and men of 486 PATENT AND CLOSE ROLLS, [1597. 39 war, serving us in that realme ; and we do, therefore, by these Eliziibeth, presents, ordain, constitute, and make you Lieutenant-General and Captain of all our forces ; giving and granting unto you full power and authority to command all our captains, constables of our castles or commanders of the forces in any part of the realm, to serve us in such places as you shall think meete and convenient to appoint and limit them, for defence of our realm against all rebels, or other foreigne enemies; giving you also full power and authority, in your own person, to levy and lead, or cause to be led, all and singular, our people and subjects of that our realme for our service, for the resisting and subduing of the rebels, or any other enemyes ; charg- ing and commanding all manner of persons, of what degree soever, within that our realme to be obedient and aiding you the said Earl, in all causes that may belong to the oflHce of our Lieutenant-General of our army, either by sea or by land. — Westminster, Oct. 29, 39°. By the Queen herself, Powle. Membrane 24. 51. Pardon of Godfrey Gilbert, who was tried and convicted of the murder of Henry Reynolds, at the sessions of Mullingar, in the county of Westmeath ; the Justices certifying that it was perpetrated without malice or premeditation. — Dublin, last of January, 39°. 52. Pardon of Tirlagh M'Oormick, of Balca.rtie, in the county of Dublin, yeoman ; Patrick Rogan and Christopher Rogan, of the same place, yeomen, for stealing, on the 25th January, in the 39th year of her Majesty's reign, eight sheep, of the value of 2s. Irish, each, the property of George Caddell, of Caddellstown, in the county of Dublin. — Dublin, Feb. 17. By the Lord Deputy and Council. 53. Pardon of Owen O'Connell, alias Owen Bane, for the murder of Thomas O'Perrall, horsekeeper. — Dublim, May 1 1. By the Lord Deputy and Council. 54. Pardon of Donnell M' (Donnough) Cavenagh, of ClonmuUen, in the county of Carlow ; Caber M'Donnough Cavenagh, of Relan- more, in the county of Wexford ; Chriffen M'Garrold Eavenagh, of Balliworthran, in the county of Wexford ; Teige M'Oahier, of Ballu; kelly, in the county of Carlow; Gfarrold M'Cahier, of the same place ; Phelim M'Caheir and James M'Caheir, of the same place ; CaJlough M'Bdmond, of Carreckneslayne, in the Murrowes, in the county of Wexford ; Donell M'Dermot, of BaUiskinninge ; Conor O'Doran, of Kilconnebe ; and William Meiler, of Doncormockc, in the county of Wexford Dublin, March 24. 159?.] OHANQBRT, IRELAND. 487 65, Pardon of Redmond PitzTheobald Butler, George Comyne, 39 Teige O'Teynan, William O'Morane, Adam Walsh PitzRobert, of Elizabeth. Volgraunge ; Henry Walsh FitzRobert, of the same place ; Thomas Panninge PitzWilliam, of Ballengarig; Katherine Dreclinge, of Bal- linegeragh; Teig M'Oasshine, Richard Forstall, of Kilferagh ; Robert Purcell, of the same place ; Moriarty O'Loren, and William O'Dullen. — Dublin, May 16. 56. Pardon of Patrick M'Therelagh M'Phelim O'Byrne, of Croans- keagh, in the county of Katherlagh j Anne Bime PitzCahire, wife of the said Patrick ; Gerald MacMorrogh O'Birne, J ohanna Keatinge, his wife ; Donat M'Dallon, alias Donnogh O'Dallon O'Birne, and Johanna, his wife ; James O'Birne and Grany ny Birne, his wife. — DvhUn, April 26. Membrane 25. 57. Pardon of John FitzEdmond, of Cloane, in the county of Cork. — DuhUn, May 26, 39°. 58. General pardon of all persons within the province of Con- naught and Thomond, (except Brien Oge O'Bowrke, Teige O'Rowrke, late of Leitrim j Theobald M'Walter Kittaugh Bourke, and Parragh M'Hugh) — Dublin, June 8, 39°. By the Lord Deputy and Council. 59. Pardon of Thady M'Pynen, gentleman; Brien M'Pynen, Shane M'Callie M'Shane, and Margaret Grace, his wife ; Edmund M'Callie M'Shane, James O'Doygin, Laghlen O'Helan, William M'Mahowne, Patrick M'Mahowne, Connor M'Mahowne, Dermot M'Laghlen M'Kenen, Patrick Oge O'DuUany, Perrot M'Teige, Thady M'Dermot, Mortagh M'Dermot, M'Mahon M'Dermot, Doneli MDermott, William O'Brenan, Laughlin M'Donell Ballagh, Donogh M'Keven, Patrick M'Donogh, Donogh Oge M'Donogh M'William, and Margaret PitzPatrick, his wife ; William M'Donogh M'William' Laghlin M'Creynie, Patrick MacCrenye, Doneli M'Crenye, Owny O'Morreys, Thady O'Morreys, Mulrony O'Morreys, Farrell O'Darlie, Tirlagh Fyn, Donogh M'Teig, William M'Dermot, Shane M'William Thady M'William, Donogh M'William, Dermot Bvally, Donogh M'Dermot, Pinen M'Dermot, Donogh M'Dermot M'Pynen, Pynen M'Dermot M'Pynen, Thady M'Dermot M'Pynan, Donogh O'Grany O'Magher Shane M'Dermot M'Pynen, Pynen M'Teige MacPynen' Donogh M'Pynen M'Teig, Edmond M'Pynen M'Teige, Honor Eni Conell O'Moore, James Harrold, Laghlin M'Edmond Oge, and Honor Eni Jane Leigh, his wife; William O'Doran M'Hugh, Patrick O'Doran M'Hugh, Neile O'Doran M'Laughlen, Caher O'Doran M'Ciirroll, Caher O'Doran M'Laughlin, Cosinagh M'Neile O'Doran 488 PATENT AND CLOSE KOLLS, [i597- 39 William O'Doigin, Persse O'Doigin, Kory O'Doigin, Teig O'Doigin, Elizabeth. Shane Oge O'Doigin, Morogh M'Cashyn, Donell M'Oashyn, Patrick M'Cashyn, Onor Eni Carroll, Johanna Bni Dogin, Shane M'Teige M'Shere, Donogh M'Shere, Shane M'Teig M'Prior, Donogh M'Teig M'Prior, Dermot M'Crah, Dermot Piper, Shane M'Shere M'Kenen, Edmond Oge O'Helan, William M'Kenen, Tirlagh Duff M'Teig, Conor M'Donogh Oge O'Pelan, Donat O'Conor, his son, Patrick M'Gonor, Donell O'Doran M'Edmond, Rory M'Mortagh, and Laugblin M'Kory, his son ; Patrick M'Rorie, Hugh M'Cashin, Carroll O'Bren- nan, Conly M'Cashin, James O'Kelly, Donell Grome M'Costigan, Dermot M'Donell M'Costigan, Pynen M'Donnell M'Gillpatrioke, Donat M'Donell M'Gillepatricke,Morowgli M'Evoy, Shane M'Carroll, Keadagh^J'Magher, Tirlagh Oge PitzPatrick, and his sons ; Dermot M'Tirlagt and Edmond M'Tirlagh, Donat M'Tirlagh, William M'Tirlagh, Shane M'Tirlagh, Pynen Boy M'Tirlagh, Tirlagh M'Cruffen, Dermot M'Cally M'Shane, Thady M'Cally M'Shane, Shane M'Teige Oge, Dermot Donell M'Pynen, Donogh M'Teige M'Costigan, Thady Roe, M'Edmond Roe Laughlin, M'Edmond Roe, Donat M'Laughlin M'William, William O'Howregan, Shane Duffe O'Pilan, Shane M'Donough, Duff O'Pelan, Donell M'Geoffry PitzPatrick, Donagh M'Geoffry PitzPatrick, Mortogh M'Hugh, David M'Rorie M'Evoy, Conor M'Cahir, Conor M'Laughlin O'Magher, Gillenewe O'Magher, Shane M'Edmond O'FoUie, Edmond Kiaghe Griffen, M'Donnell M'Shane, Edmund M'Laghlin M'Shane Leigh, Geoffry Roe M'William, Donat Oge O'Pelan, Edmond M'Shane M'GiUpatrick, Donell M'Teig Smith, Thady M'MuUrony M'Evoy, Shane M'Gillapatrick O'Pelan, Laughlin Roe O'Pelan, Owny hoy O'Magher, Dermot O'Dullany M'William, Mahortne M'William O'Dullany, Donell Carde, Peirse O'Doigin PitzJames, James O'Doigin, Dermot M'Kenan, Geoffry Roe M'Kenan, Thady O'Beg- gan, Donell M'Shane, Crossagh Donell Reogh M'Brien, Tirlagh M'Brien, Gerald Duff, James O'Pallon, William M'Donell M'Dermott, Patrick O'Dowlie, Callagh M'Teige -Moyle, Edmond O'Donnellan, Thady Ballagh O'Lalor, Edmund CuUen, John Oge, alias John Lany, Morgh Birne, Donell M'Donogh M'Cahir, Owny M'Donogh M'Cahir, Nicholas Brenan, Hugh M'Davie, alias Byrne, Margaret Eustace, Shane O'Mory, Mortagh M'Davy M'Ewy, William M'Davy M'Ewy, Donat M'Davy M'Ewy, Thady M'Davy M'Ewy, Edmond M'Davy M'Ewy, David M'David M'Ewy, Dermot M'Davy M'Ewy, Laughlin M'Davy M'Ewy, Shane M'GiUpatrick M'Ewy, Laughlin M'Donogh M'Carroll, Maurice Stack, alias Maurice Graneagh, Mortogh M'Teige O'Doyne, Patrick M'Melaughlin, Owen O'Dowyll M'Teige, Grany Eni Felan Mahowne O'Brohie, Patrick O'Brohie, Shane O'Moony, Tirlagh Duffe M'Pinen, Shane M'Teige M'Owen, Parduffe ny Carroll O'Dullany, Edmond M'Pynin M'Shane, Teigh Laughlin O'Diillen, Rory Moyle M'Donogh, of Aghevoe ; Shane O'Reighcorie More, Conor Keogh O'Pelan, Mortogh Moyle O'Pelan, Pynin M'Donnell M'Geoffry, Patrick M'Owen M'Casshine, Donat M'William O'Doigin, Shane M'Cruhe, Edmond LeigheO'Mulfadricke, I597-] CHANCERY, IRELAND. 489 Murtagh Roe M'Hugh, Donat Oge M'Connor, Morroghe M'Donogh, 39 Leigh Shane, Thady O'Teynan, William M'Rorie O'Bergan, Shane EUzabeth. M'Teige M'Dermot, Neile O'Bergin, Murtagh O'Bergin, Robert Walsh, Richard Walsh, James Walsh, Thomas Grace, of Oourtestowne; James Grace, of Lismilea ; Edmund Wale, of Lisdoney ; Walter Grace, of Courtestowne ; William Grace FitzEdmond, of Watston ; Philip Grace FitzRobert, of Glassan ; John Grace, of Garrehiggin j Thomas Shortall FitzNicholas, of Kildrinagh ; Edmond Grace FitzRedmond, of Barronston ; Richard Dowlinge, William O'Mul- fadder, Maurice Dowlin, Thomas M'William, and Connor M'Dermot O'Brenan. — DvMin, June 6, 39°. Membrane 26. 60. Pardoti of Mortagh M'Cahir O'Birn, Edmond M'CahirO'Bira, Donat M'Cahir O'Birn, Gerald M'James O'Birn, Cahir M'Dermot O'Birn, Edmond M'Gerrald O'Nelan, Thady M'Donnogh O'Birn, James M'Gerrald Birne, Hugh M'Gerald O'Birne, Phorus M'Gerrald O'Birn, Geoffry Duff O'Birn, Donald M'Gerrott, Patrick M'Edraond M'Hugh, Carrough Carroll M'Dermot O'Choghoe, Patrick M'Edmond O'Birne, Perse M'Tibalt, Robert M'Tibalt, Richard O'Kewan, Morogh M'Dermot O'Birn, Shane M'Morgh O'Birne, Thady M'Elloy O'Birn, Gerald M'Edmond O'Birn, Thomas M'Morgh O'Birn, and Hugh M'Morgh O'Birne. — Ihtblin, Aug. 10. 61. Pardon of Mary Butler, widow, daughter of the Lord Viscount Mountgarrett, Theobald Butler Fitz John, EUene Butler FitzTheobald, Elizabeth Keynan, Anne Kenny, Johanna Roe O'Drinan, Murtogh M'Donogh, Dermot M'Shihie, of the county of Carlow; Jennett Eustace, wife of Edmond Eustace, late of Blwardstown ; Nicholas and Oliver Eustace, of the same place, in the county of Dublin ; William CoUan and Patrick Maine, of Little Boolie, in the county of Kildare. — Dublin, Sept. 3. 62. Pardon of Brian M'Donogh Cavenagh Theobald Fitz James, of Rahynneleigy ; Walter Wale, of the same place ; Edmond Power PitzRichard, of Grantstown, Donat beg, Robert M'Hugh O'Birne, Richard Butler, of Clogagh; Richard Bourke FitzRedmond, William Bourke FitzRedmond, Geoffry Bourke FitzRedmond, Shane O'Doyre, and William M'Edmond Duffe, Thomas Butler Fitzpeirce, Tirlagh M'Hugh Gankagh, Hugh O'Dowlin, William FitzJames O'Brenan, Edmund FitzJames O'Brenan, Edmond Butler FitzJohn, of Tennor ; Richard Fanning Fitzpatrick, William Fanning FitzJames, Robert Morres PitzWilliam, Edmond O'Lonegan, Hugh O'Kenuedie, of Pennogh; Rory O'Cahisse, Shane Ennellayne, Richard Fanninge FitzOli-ver, Geoffry Panning FitzJohn, Oliver Fanning FitzJames, Robert Grace Oliver, Rory M'Kearmodie, Donat M'Owen M'Arte, Hugh O'Rorke, Shane M'Theobald Purcell, Annorie ny Walrone, his wife; Edmond O'Kelly M'Walter O'Donnell, Margaret Sentleger, 490 PATENT AND CLOSE ROLLS, [1597, 39 his wife ; Rory Oge M'Rory O'Dwynne, Dermot M'Shane Karagh, EUzabeth. Brien M'David O'Uwynne, Phillip M'Tibbot Purcell, Edmond Butler PitzJames, Theobald Bourke, of Cloghnane ; William Purcell PitzWilliam, of Borislieghe ; Donat Cuffe O'Mulrac, Robert Pita- William O'Shee, William O'Hally, alias O'Carrol, John M'Gillefoylp, Daniel M'Gillefoyle, Richard Butler, William M'Shane Brennagh, Richard Shertall PitzPatrick, Robert Shortall PitzOliver, Patrick Brenan PitzEdmond, William Brenan M'Melaughlin, Pierse Butler PitzBdmond, William Panninge, Owen O'Shee, Nicholas O'Shee, Philip O'Murcho, Edmond Power, and James Leigh Cantwell, — Dublin, June 6. Membrane 27. 63. Surrender of John Roche to the Queen, of his right, remainder, and interest, in the lands of Ardcroman, Bellatarsne, Newcastle, Killawyne, Corrandonill, BaUenrowane, Garriclere, Ballyelornej Kil- corrclaghe, Rahinegrowghe, Ellefeccan, Boolanestowne, Steyine^- toune, Kilmochrie, KnockmoUen, Graunge, Tomegeorge, Ballekealle, Tomnefennocke, Ballentegarte, Garrisleme, Ballehie, Kereaghte, Ooncloghe,Garran-Iomghe, BaUeregan,Leachmulrone,Kilm'^ThoniaB- rowe, Orreistowne, Talbotestowne, Killenabban, Galvally, Rath- conoher, Ballebeggan, Srouree, Balletroute, alias Balletarsne, and Ardcroman, with all the forts, castles, messuages, lands, tenements, customs, duties, moors, meadows, fishings, mills, waters, water- courses, and the passage or ferry of the Oarricke,in the county of Wex- ford ; with all advowsons and other appurtenances, which had been conveyed to him, and his heirs male, by Patrick Meeler, of Don- cormocke, in the county of Wexford, by deed dated 4th November, in the . . year of her Majesty's reign ^ot. 18, 1597. "Lett this deede be enrolled, and delivered up to me, for her Majesty. Ad. Dublin : Ganc." 64. Pardon of Donat Kelly, of the Downe, in the county of Gal- way ; Brien M'Rowrie, of Mucklowe, in the same county ; WiUiam Garragh M'Brienne M'Rowerie, Thomas M'Owen M'Hugh, of Gow- loe ; Anable ne Keeagane, his wife ; Thomas M'Owen M'Hue, Rowrje M'Thomas M'Owen, Melaghlen Oge M'Thomas M'Owen, Owen M'Donell, of Lisseyegane ; Anastasia ne Yolin, his wife ; Gilleduffe Olien M'Redmond, oftheLeirgin; Sowene Melaghlen, his wife; Hugh O'Lien, TerrelaghO'Lien, Shane M'Rowrie, of Leslie; ThadyM'Parre, of the same place; Tirrelagh M'Carberee, of Kilcrine, in the county of Galway, Moree ne Teig, his wife, Shane M'Keogh, of the Corighe, in the county of Roscomon ; Anable Runie DoneU, his wife j Edmond Oge M'Keogh, Donat M'Keogh, Brian O'Fallon, Sowe nyne Edmond O'Kellie, his wife; Hugh Ballagh O'Pallon, DoneU O'Pallpn, Rowrie Oge Id'William Keaghe O'Kelly, of the Tqrpan; Sowe OgeO'PaUon, iS97'.l • OHANCEKT, IRELAND. 491 Conne O'Fallon, of Balleglasse ; Doughdally O'Fallon, of Balliforin; 39 Margaret nee Kelly, Lis wife ; 'William Carragh M'Dowell, of the Elizaoetn. Oarginej DonyllO'Dunnible.of Correkypin; DonatM'CoUoeM'Keogh, of Coolnekalry; Una nee Keoghe, of the same place ; Oolloe M'Me- laghlen M'Keogh, of Castle Sausan ; Thady M'Melaghlin M'Keogh, Brian M'Ferrill buy M'Keogh, Inyn Duffe ne Quin, his wife ; Dermot M'Keogh, and Grany Hevyne, his wife; Thady M'Manus M'Keogh, of the Tawnagh ; and Catherine ne Cormocke, his wife ; Brian Roe O'Mulchenrie, of Camoy ; Coroly nee Keony, his wife ; Gilbert Reillie, soldier ; Hugh M'Donogh O'Kelly, of T woaleige ; Thomas Oge M'Tho- mas M'Redmond, of Ballenasmalee, in the county of Galway ; Connor M'Melaghlin, of Clogheyallie; Carberie M'Keig, of Cloghban ; James Bane Dalton, late of Roscomon ; John Netane, of Ballym°Kahill,inthe county of Clare ; Donogh Boy M'Glaugh, of Ballilahinxidie, in the same county; Connor M'Cormane, of Ballevirgine; Shane ne Cargy M'Mahowne Roe M'ne Mare, of Monaghan ; Dayid ne Lane, of Ross- levan; MelaghlinO'Kellecher,of MagheryKearny,inthesame county; DonellKelleoher, Thomas Boy O'Kellecher, Connor M'Hugh O'Kelly, Dermot Reaghe O'Fallon, Alexander M'Dowle, of the Disert ; Gille- duffe M'Dowle, of the Cargine; William Carragh M'Keogh, of the Cahore; Shane Moyle M'Keogh, of the same place, gentleman; Ed- mond M'William Curragh, Conner M'Shane Moyle, Laughlen M'Einly, of Curraghboy, surgeon; and Edmond M'Enlay, of Balli- feoble, in the same county, yeoman. — Jhthlin, May 26, 39°- Membrane 28. 65. Nomination of "Walter Chatfild to the Deanery of the Cathe- dral of Laughlen, vacant by the decease of Walter Harpoole, the late incumbent, and in the donation of the Crown, pleno jure. — ^In- junction to the Archbishop of Dublin, (to whom the spiritualities of the see of Laughlen belong, during its vacancy) to invest and in- stall the Dean.^-i)M6Zira, Rov. 16, 39''. Decbhe. — ^Francis, PenelopOj and Katherine Paveat, orphans of Thomas Paveat, servant to the Lord Burgh, late Lord Deputy, com- plained "that their father, within 30 days after his arrival in Ireland, died intestate, leaving their wofuU mother extreame sick, who lick- wise deceased intestate, three daies after their father, and soe beyinge all left verie younge, the eldest under the adge of thirteen yeres, the Lord Deputy, in comiseration of the orphanes distressed estate, ap- pointed Francis Vaghan, his Lordship's brother-in-lawe, to take into his hands the goods of their parents, and the same to employe to the relief of the infanta, and to their use and behalfe, which Francis pro- posing to accomplish, by way of administration, caused an inven- torie to be made of the goods, and to be praysed by Thomas Bishop, Thomas Wakefield, and Thomas Ryvington, of the city of Dublin, merchants, authorized thereunto oute of the Prerogative 492 PATENT AND CLOSE ROLLS, [1597. 39 Courte ; and so taking the goods into bis possession, sent them into Elizabeth. Englande by bis servaunts, wbere tbey were conyerted to bis owne use, wbicb praisement did amounte to the some of one hundred five pounds, fourteen shillings and tennepence, sterlynge, and took order for the orpbanes mayntenance ; but the said Francis, verie shortlie after, was slayne at Blackwater, before he could take oute administracon of the goods, leaving the infants without any tutor over them, which notwithstanding the Lord Deputie, in continuance of his favour to the poor orpbanes, did comaunde Henry Glare, esq., his Lordship's cozen, in speciall truste, to take the administration of the goods of Vaughan, for the maintenance of the orphans, whereupon Clare, chiefly for the purposes abovesaid, took administration of Vaugban's goods, having the same now in his possession, amountiag to the value of one hundred, five pounds, fourteen shillings, ten pence, sterling, at the least, bis debts and funerals discharged ; and now, contrarie to the trust reposed in him by the late Lord Deputy, he refuseth to pay for the diet and transportation into England of the orpbanes, or to make restitution of the goods, alleging that he cannot be warranted by law in the disbursing of the goods for the use of the poore orphanes, unless they should take administration of their father's goods, which they being infants cannot doe, neytber being strangers, can tbey finde any to become tutors or sureties for them ; and so, for wante of present succor, doe endure great extremyty, and therefore, in consid- eration of their distressed state, praid that Henry Clare might, by order of this honourable court, be compelled to answer the value of the praisement out of the goods of Francis Vaghan." Clare answering, said, that some portion of the plaintifi"s parents' goods came to the bands of Francis Vaghan in his lifetime, and he heard Vaghan's man confesse, that by his directiou they carried a parte of the goods into England, in the lifetime of Francis, but how much of the goods of the plaintifi''s late parents came to Master Vaghan's hands, be cannot certainlie, upon his oathe, set downe, but thinketh they came to the value of one hundred, five pounds, four- teen shillings, tenpence, sterling, wbicb be is induced to confesse, because he found an inventory of the plaintiff's parents' goods in a truncke of Master Vaghan, his intestate, praysed by Thomas Bishopp, Thomas Wakefield, and Thomas Eivington, of the city of Dublin, merchants, amounting to the sum of one hundred, five pounds, four- teen shillings, tenpence, wanting twentie-three shillings, fewer pence; for supplie of which twenty-three shillings, foure pence, he founde in Master Vaghan's possession, after his death, two silver spoones which were praysed at twenty-three shillings, fewer pence, as Master Vaghan's goods, and yet the spoones were in the said Master Paveat's inventorie and not praysed at all; and the defendant further alleged that there came noe more of the plaintiff's parents goods into his hands but only the twoe spoones, but such goods as came to the defendant's bands by authoritie of letters of adminis- tration of the said Francis Vaghan's goods, whereof he took adminis- tration and was commanded by the Lord Deputie to satisfie the 1597-3 CHANCEEY, IRELAND. 493 plaintiffs for their parents' goods out of Master Vaglian's goods, 39 which, in compassion of their distressed estate, he hath in parte Elizabeth. don ; and now the Lord Deputie being deceased, he is not warranted by lawe to make the plaintiffs any further satisfaction out of the said Francis' goods, by reason they are not administrators to their parents, therefore cannot make acquittance, and being infants cannot doe it without tutors ; also for that Master Vaghan's goods are first to satisfie his debts by specialf ie and otherwise, before the supposed trespas made by dispersinge of the plaintiff's parents' goods can be satisfied. Upon which matters, "it is ordered and decreed, after full debating of the matter, in open Courte, by learned counsel on both sides, that for as much as it plainlie appeared to the Courte, the goods of the said Paveat, to the value by praisement of one hundred, five pounds, fourteen shillings, tenpence, came to the hands of the said Francis Vaghan,and that value and more of the goods of Vaghancame to the hands of defendant, and the honorable care, good raeaninge, and course taken by the Lord Deputie for the goods of the children most plainlie appear ; likewise therefore, and speciallie in comisera- tion of the distressed estate of the orphanes, who are left in miserable and pitifull case, and cannot, in respect of their nonage, disabilitie, and want of friends, proceede to take administration or follow any suite of lawe; that the said Henrie Clare shall satisfie the whoal praisement of the said Paveatt's goods unto the said orphans and others as followeth, that is, he shall answer and pay unto William Joanes, late secretarie unto the Lord Deputie, the some of thirtie- three pounds sterling, due unto him for the diett of the orphanes and a maide, from the second of July now laste paste, until the third of December next following, being after the rate of thirtie shillings a weeke, so appointed to be allowed by the late Lord Deputy, in regarde of the extreame dearth of all things in Dublin, fortie shillings due for the wages of the mayde attending the orphanes, and twentie shillings bestowed to buy them stockyngs, showes, and other necessaries, which the said Joanes hath, upon his oath, testified in Courte to have been trulie disbursed and expended for the neces- sarie uses of the diet and charges of the children. " Likewise, that he shall deliver unto some trustie person, for the transportation of the orphanes, and for their diett and charges by the way, unto the citie of London, to their friends there, with a man and a maide to attend upon them by the way, the sunie of thirteen pounds sterling. Moreover we order, that of Master Vaghan's goods, the said Henry Clare shall satisfie and paye the funerall charge, the apothecaries charge, and other like neces- sarie charges of the plaintiff's parents, the sume of twenty-five pounds sterling, which hath been deposed in Court to have been for the uses aforesaid, truly disbursed and paide ; and such sume of money as shall remain due to the orphanes, the several payments first made, being the sume of one hundred and thirtie pounds, fourteen shillings tenpence, sterling, the said Henry Clare shall, within six months after the date hereof, fully satisfy and pay to the Clerk of 494 PATENT AND CLOSE ROLLS, [1557. 39 the Orphanes Courte of the citie of London for the time beings, to Elizabeth, be by him disbursed and paide for the use of the children, either for their diett or other necessaries. " And to the end, Clare shall be not double charged, as administra- tor to Master Vaghan, we likewise order and decree, that the pre- mises being satisfied according to this our decree, the orphanes shall give an acquittance unto him for his discharge, upon satisfaction of the several sums, before witnesses ; and for that the said disburse- ments, for soe charitable and necessarie uses, were first appointed by the late Lord Deputie, who commanded Clare to take administra- tion upon him of Vaghan's goods to the purpose aforesaid, and that Clare did not deale in the administration but by the commandment and appointment of the late Lord Deputy, against his own will, and for the necessarie relief of the orphanes, and is willing to do any thing that by lawe and equitie he is warranted unto ; therefore, we order that, upon payment of the several sums, according to this our order and decree, Henry Clare, his executors and assigns, shaU. be discharged and saved harmlesse against the creditors of Francis Vaghan, and all others claiming interest in Master Vaghan's goods, ' for the sums so satisfied by virtue of this our order and decree, for the charitable and necessary uses of the orphanes Given at the Queen's Majesty's Castle of Dublin, Ifov. 22, 1597." 40 Patent Eoll 40° Elizabeth. — 1598. Elizabeth. . Membrane 1. I. Grant to George Sherlocke of the town and lands of Gairan- gibbon, in the county of Tipperary, containing, by estimation, 20 acres arable, pasture, and wood, great measure, late parcel of the possessions of Thomas Tobin, attainted ; a moiety of^ the lands of Moneroe, Lisislie, Busshin, Ballipatrick, and Lifibnishin, in the county of Tipperary, containing 2^ acres of great country measure, parcel of the possessions of Grany M'Donogh O'Fogertie, late of Moneroe, attainted. Six messuages, with their appurtenances, in Balligawran, in the county of Kilkenny, commonly called "St. John's land," late parcel of the possessions of the priory of Eilmainham ; a messuage and garden in the townland of Balligawran, in the Haggard-street, which extends in length from the street leading to the castle of the Right Honourable Thomas Butler, Earl of Ormond and Ossory on the north, as far as the lands of the Earl on the south, and in breadth, from the lands of the vicar of the church of Gawran on the east, to the lands of the Earl on the west, late parcel of the possessions of the priory or religious house of St. Molinbeg, in the county of Kil- dare ; a garden within the borough or franchises of the town of Balligawrati, near the way leading to the mill of the Earl, called the New Mill, late patcfel of ihe possessions of Patrick Morphie, attainted. 1598.] OHANOHKY, IRELAND. 495 Sixteen acres of great measure in Baggottstown, in the county of 4° Limerick, late parcel of the possessions of Dermot O'Plaumore, of Elizabeth. Baggottstown, attainted. A ruined church called Christ's Church, in the town of Lismore, and the cemetery thereof, with the appurtenances, in the county of Waterford, parcel of the antient inheritance of the Crown. A third part of all the lands and hamlets of Garranchant, in the county of Tipperary, containing, by estimation, one acre of great measure, parcel of the possessions of John Bourke Pitz William, late of Swifln, attainted. With all houses, edifices, buildings, messuages, pools, waters, fisheries, warrens, courts leet, view of frankpledge, advowsons, com- mons, liberties, and hereditaments ; To hold for ever as of the Castle of Dublin, by fealty only, in free and common soccage, and not in capite or by military service. — Rent £2 2s. And it appearing by inquisition taken at the town of Kilkenny, the 7th of October last past, that one Oliver Weston was seized in his demesne, as of fee, of the town and lands of Ballinegrosse, Bro wnes- towne, and Ballyeighteragh, in Ratheley, in the county of -Kilkenny, and being so seized by deed, dated 8th May, in the twentieth year of her Majesty's teign, conveyed the lands to Leonard Shortall, and Richard Grace, and their heirs; who being so seized, enfeofied thereof the said Oliver for life, remainder to Patrick his son and heir, and his heirs male, remainder to the heirs male of Oliver, re- mainder to his right heirs j on the death of the latter, Patrick entered into possession of the lands, and on the 27th June he was attainted of treason, and his possessions devolved to the Crown : Her Majesty, therefore, further grants to George Sherlock, the lands , of Ratheley, Ballinegrosse, Brownfestowne, and Ballyeightragh, in the county of Kilkenny, with all waters, fisheries, courts leet, ad- vowsons, commons, liberties, and hereditaments ; To be held of the Castle of Dublin by fealty only, in free and common soccage,"and not in capite or by military service. — Rent £1.— Dvhlin, Nov. 20, 40. Membrane 2. 2. Grant to George Sherlock of the town and lands of Corre- neveagh, Kilvalliclement, and Ballidonell, in the county of Cork late parcel of the possessions of Edmond PitzRichard, late of Cur- reneveagh, attainted, with all woods, commons, mills, waters viva- ries, fishings, fisheries, weirs, waters, watercourses, free watrdh ways parks, rivers, courts leet, view of frankpledge, advoWsotig, doflLtiohs' presentations, right of patronage of churches, rectories, and vicarages' and all other commodities, advantages, and hereditaments ; To hold for ever in free and common soccage, and not in capite, or in soccage in capite. — Rent 405. — Dublin, Nov. 26, 40°. 3. Grant to George Sherlock of the town and lands of Lethrbine in the coilnties of Waterford and Cork, Contaitilllg, by estimation' fite carucateS of every kind, parcel of the p6Ss6Bd6Hs Of Richatd -'■m 496 PATENT AND CLOSE KOLLS, [1598. 40 M'Mang Condon, attainted ; the entire of the town of Galballie, in Elizabeth, the counties of Limerick and Tipperary ; the lands of Lisnegall, containing, by estimation, 10 acres of every kind ; the lands of Carrow Iherny and Carrow Ikevane, containing, by estimation, 15 acres country measure ; the town and lands of Killogos, containing lo acres sterile and mountain ; the lands of Balliuemoddagh and Bally- necranie, containing 10 acres mountain and sterile, country measure; the town of Currehie, containing, by estimation, 15 acres country measure ; the lands of Parke and Ballicrany, 6 acres country mea- sure, parcel of the possessions of Donat M'Craghe, late of Galballie, attainted, all lying in the counties of Limerick, Tipperary, and the Crosses ; the town' and townland of Castlekippen, in Crome, and half a carucate of land thereto appertaining, in the county of Limerick, late parcel of the possessions of Maurice O'Riordan, of Crome, attainted ; with all woods, trees, mills, waters, pools, vivaries, fisheries, fishings, weirs, waters, watercourses, free warren, riyers, closes, royalties, rights, privileges, pre-eminences, customs, courts leet, view of frankpledge, fairs, marts, markets, advowsons, dona- tions, presentations, and right of patronage of churches, rectories, and vicarages. To hold for ever in free and common soccage, and not in capite or in soccage in capite. — Rent .£9 5s. 8d. — DuMin, Nov. 25, 40°. Membrane 4. 4. Appointment of Adam, Lord Chancellor, Archbishop of Dublin, and Primate, and Sir Robert Gardiner, Chief Justice of the Chief Place, Lords Justices of Ireland, pursuant to her Majesty's instruc- tions, dated the igth November last past ; To hold during plea- sure, in as ample manner as Sir Thomas Norris held that office. — Dublin, Nov. 26, 40°. 5. Licence to Thomas, Bishop of Meath, and his clergy, to alienate and convey to Edward Loftus, son of Adam, Lord Archbishop of Dublin, the manor of Killyan, Molrich, Ardrellioke, Clonard, MonenigalHagh, Rosan, with their appurtenances, with the mill and watercourse, and all tenements, rents, services, heriots, and cus- toms, to the manor or town of Killian belonging ; To hold for ever. — DvJblin, Nov. 27. 6. Pardon of Roesia O'Birne, of Ballinecorrio, in the county of Dublin, otherwise called Rosie Nyrie Yaghe O'Toole, wife of the late Feaugh O'Birne. — DvMin, Feb. 1. Membrane 5. 7. Pardon of Tibot Tuyt, of Moneleigh, in the county of West- meath, gent, j Garret Tuyt, Andree Tuyt, and James Tuyt, of the same place; Robert Wesleye, of Clonmea, in the county of Meath; Hugh O'Heneryn, of Philipstowne ; Edward Tuyt, of Moneleig; 1598.] CHANCERY, IRELAND. 497 and Peirce Welshe FitzPeers, of Moynallie,, in the county of Kil- 4° da.Te.— Dublin, April i8. EUzabeth. 8. Pardon of Maurice FitzPhillip M'Gibbon, RioLard FitzJames Roche, Connor M'Oweii Ikeeffe, Teig M'Nicholas O'Fehie, Connoher M'Mahowne Cormack, John FitzRichard, and others. — Dublin, Feb. 17. 9. Appointment of Nicholas Benans or Apenas to the office of Keeper of the Council Chamber of the Castle of Dublin, with a fee of IS. a day; To hold during good behaviour. — Dublin, Nov. 21. 10. Presentation of Peter Dodd to the perpetual vicarages of Killcoan and Killbredie, in the diocese of Ossory, in the gift of the Crown, 'pleno jure. — Duhliti, Nm. 10. Membrane 6. 11. Presentation of John Farmer to the vicarage of the parish church of Killshelan, in the diocese of Lismore — Dublin, Nov. 36, 40°. 12. Presentation of Aulan Loghlin to the deanery of Clonfert, vacant by the decease of Donat O'Horan, and in the disposition of the GtoYin, pleno jure, — Dublin, Jan. 26, 49. 13. Presentation of Alexander Stint to the vicarages of the parish churches of Aghcarrin and Cnockmorney, in the diocese of Cloyne, vacant, and in the disposition of the Crown, tam ratione lapsus et devolutionis, quamper multos alios legittimosmodosde jure el de facto, pro hac vice. — Dublin, Feb. 1 5, 40. 14. Presentation of Daniel, Bishop of Kildare, to the rectory and vicarage of the parish church of Came, in the diocese of Kilfenora, in the gift of the Crown, in consequence of the vacancy of the see. -^Dublin, Sept. 23, 40°. 15. Presentation of Meredith Haniner to the parish church of MuckuUy, the vicarage of Rathpatricke, and the vicarages of Kil- beacocole and Killahy, in the diocese of Ossory, vacant by devolved right, avi alio quocunque modo, tam de jure qvam de f(Klo, and in the gift of the Crown, pleno jure. — Dublin, June i, 40°. 16. Licence for John Rider, Dean of the Cathedral of Saint Patrick, to absent himself from his duties for 12 months, and to repair to England on his private affairs. — Dublin, March 12, 40°. Membrane 7. 17. Grant to Hugh Onffe of the castle, town, and lands of Brohill, containing four ploughlands, in the counties of Cork and Limerick, VOL. II. 3 K 498 PATENT AND CLOSE ROLLS, {1598. . '*° with all woods, underwoods, waters, fishings, warrens, moors, profits, Eli zabet h. ^^^ hereditaments, in as ample manner as they came to the hands of the Crown, by the attainder of the Earl of Desmond, or of Redmond M'Q-errott ; To hold for ever as of the Castle of Carrickgroghali, in the county of Cork, by fealty, in free and common Soccage, and not in capita or by knights' service Rent £12, and the yery best hfeast in the name of a herriot on the death or alienation of any Of the tenants or owners, according to the usage and custom of England. —DvhVm, Nov. 28, 40° Memhrane 8. 18. Appointment of William Taaff to the oflSce of Constable and Keeper of the Gaol, of Saint Leger's Castle, in Atherdee, in the county of Louth, during good behaviour, With a fee of £10 a year, in as ample manner as Richard Aphugh held that ofSce. — Dvhlm, Nov, 2 1, 40°. Membrane 9. 19. Appointment of Walter Williams to the office of Clerk of the Market, in and throughout the entire kingdom of Ireland, during good behaviour, with a fee of £10 a year. — Her Majesty complains of the abuses practised in fairs and markets by the victuallers, fishermen, brasiers, shoemakers, butchers, chandelers, linnen diA- pers, and other artificers, by deceptive arts, and false and unjast weights and measures, to the prejudice of the people and in contempt of several statutes passed in England and L-eland, and she is desi- rous, as she is bound, to protect her people in this particular. — Dvblin, May 5, 40°. 20. Appointment of Richard Wallop of Bugbroke in the county of Northampton, and William Wallop of the same place, and the survivor, to the office of Principal Registrar and Scribe of the Com- missioners of Ecclesiastical Causes in Ireland, and Clerks of Recog- nizance ; in as ample manner as John Birde, Paul Maylard, WiUiam Fitzwilliams, or Gerald Moore held that office. — JhMin, June 7, 40°. Membrane 10. 21. Presentation of John Brennan to the perpetual vicarage of the parish church of Carnalway in the diocese of EUdare, vacant in consequence of the incapacity, inability, and insufficiency of Wil- liam Cormock, the last incumbent, and in the donation of the Grown, per alios modos, tain dejure quam de facto, ratione lapsus et deuolu- tionis, — Dublin, June 9, 40°. 22. Presentation of John Bishop of Down and Connor, to the rectory or tvardenship of the parish church of the liew college of the Blessed Virgin of Youghal, in the diocese of Cloyne, tacant in eob- 1S58.] CHANCERY, IRELAND. 4§$ sequence of the deprivation of Nathaniel Baxter, the last incum- 4° bent, and in the disposal of the Crown, per alios rhodos, tarn de jure Elizabeth. quam de facto, plenojure. — DiAUn, May 15, 40°. ^3. Appointment of Sir Bichard Bingham to the office of Marshall of the Ariny of Ireland ; To hold during pleasure, with a fee of 6s. 8d. a day for himself, lod. a day for a truinpeter, and gd. a day for 30 footmen ; in as ample manner as Sir George BagnaU, Sir George Stanley, or Sir Henry BagnaU held that office j with au- thority to hold a court iuarshal to tfy all offences, transgressions, and Criminal causes of whatsoever nature or kind, perpetrated by insurgents or the soldiery. — IhMin, Oct. 13, 40°. Membrane \i. 24. Pardon of Bdmond M'Shane Oge O'Birn ; Walter M'Edmond ; Ballagh M'Connell; Jane O'Toole, his wife; M'Hugh M'Shane O'Birn j Gerald M'Shane Oge O'Birn ; Morough M'Edmond M'Shane Oge O'Birn ; Dowlin M'Edmond M'Shane Oge O'Birne ; Moriertagh Leigh M'Edmond M'Shane Glassej Dermot Gearge M'Hugh M'Donnell M'Shane Glasse ; Gerald M'Donogh M1)alloe ; Breane M'Dermot Gears; Tirrelagh M'Dermot Geyre; Conboy O'CuUan Simon M'Shane Reagh ; Morogh M'Dermot M'Brene ; Gillernowe M'Lowe ; Gillpatrick Boy M'Donnell M'Shane Inn ; Ferrall M'Per- rall; Tibbett M'Walter M'Shane Oge ; Richard M'Walter M'Shane Oge; Pawlo Lawles; Donel Oge M'Moriertagh Leigh; Walter Aralt ; One M'Donnogh ; Phillip M'Hugh More M'Philip ; James M'Caier Ogi ; David More O'Murghoe ; William Leigh M'Eorie Ferrall Oge M'Lowe; James Trante; Connor O'Kellie: Shane O'Genor ; Granye Nye Moriertagh ; Hugh BaUagh ; Donal M' Wil- liam M'Geyre; Donell M'Morogh O'Callan; Kean M'Conlagh O'Callan ; Doritie Toole, wife of Walter M'Edmond Ballagh M'Con- nell ; Doritie ny Connell ; Sorroghe ny Connell ; Donal M'Donnell Oge M'Connell ; Donal Oge M'Neile ; Carer M'Walter M'Connell ; Tirrelagh M'Donnogh ; Onora Nyne Donnel, his wife ; Neale M'Do- nogh ; Margaret ny Cormock, his wife ; Breane M'Breane ; Mar- garet Bourke, his wife; Edmond M'Rorie; Edmond M'Enalye; Morgh M'Dermot Geyre ; Richard M'Doncigh M'Gerret ; Melaghlin M'Geron ; Donal O'Bolger ; Thady M'Owen ; Tirrelagh M'Donnell ; Donell Oge M'Onee; Walter Duflf M'Jordan ; Caher M'Breane Carragh ; Molmurrie M'Breane Carraghe ; Shane O'Caee ; Donal Boy M'Ranell, Brene ny Cargre Morrogh O'Loman; Hugh M'Morghe; Cormack O'Connelye ; Shane O'Neyle; Shane O'Hicky ; Patrick M'Walter; Richard Forestall; Lisagh M'Tirlagh Oge; Margaret Rely ; Owen M'Cuellane ; Brene O'Donnelan ; Breane M'Cahill ; Hugh More M'Donoghe ; Thomas M'Ciaghlen ; Laghleh M'Donog- hoe ; One M'Echiele ; Edmond O'Hare ; Gerret M'Donogh ; Henry Donel O'Hanee. — Dublin, Dec. 14, 40* VOL. II. 3 K 2 500 PATENT AND CLOSE ROLLS, [1598, 40 25. Pardon of William FitzOliver PitzGerald; Richard Pitz- Elizabeth. Jjaurioe PitzGerald ; Walter FitzMaurice FitzGerald ; Richard Wesley ; Richard Keatinge ; James Doyne ; Gilleglass O'Scott ; William M'Edward ; William Brenan ; Morogh O'Hanlon ; Donal O'Conran ; Howell Walsh ; Dowlin O'Birne ; Connor O'Kellie ; Murtagh Coffie; William O'Halegan ; Bnys O'Donell ; Edward Tallen ; Hugh O'Birne; and Daniel O'Rhawley, alias Danel Rawley, in the county of Kildare. — Dublin, Dec. 10. 26. Pardon of Theobald Bourke M'Richard Bneryne, alias Tibbot ne Donge of Castlebarry, in the county of Mayo ; Walter Boruhe M'Richard Eneryne, of Mohine ; Oliver Bourke PitzJohn MacOli- ver, of Inishcowe ; David Bourke M'UUick Etymple ; Edmond Bourke M'Ullicke Etymple; John Bourke M'Richard Eneryne; Theobald boye M'lonyne, of Tobherkeigh ; Richard Oge M'lonyne, of the same place ; Hubert Oge M'Effarson, of Downamona ; William Bourke PitzRichard, of Newtowne ; Thomas Bourke PitzWilliam ; John Bourke FitzWilliam ; Richard Bourke PitzWilliam ; Oliver Bourke FitzWilliam ; Richard Bourke FitzWilliam ; Walter Bourke Pitzwilliam ; Walter Bourke FitzTibbot ; Thomas Dexeter, of Rathe- brane ; Derly Cormacke, of Castlebarrie ; and Michael Cormacke, of the same place, in the county Mayo. — May 6. Membrane 12. 27. Pardon of Caher M'Dermott O'Toole, of Ballihubbucke, in the county of Dublin ; Dermot M'Caher O'Toole ; Art M'Tirlagh ; Shane Oge M'Tirlagh ; Dermot M'Cahir Carragh ; Edmond M'Caher Mor- ris M'Richard ; Shane Duff M'Murtagh ; Shane Reagh M'Hugh ; Edmond M'Dermot ; Shane M'Dermot ; Redmond O'Qujrnne ; Pa- trick Comyne ; Phelim M'Edmonde ; Hugh O'Mallone ; Donat O'Birne ; Gilleduffe M'Brieu ; James Cloole ; Tibbot M'Richard ; Art M'Dermot; William M'Dermot; Phelim M'Hugh O'Byrne; Margery Byrne ; Blisse Toole ; Xatherine Toole ; Dorine nine Rowrie; Doryne O'Toole; Peagh M'Shane O'Toole; Dowlan O'Toole ; Thady O'Greyenan; Donal M'Hugh; Hugh M'Gillpatrick; Philip Taylor ; Donall Bane M'Donogh ; Phelim M'Caher ; Maynus Taylor ; Melaghlin O'Maloue ; Thady M'Edmond O'Birne ; Donal M'Edmond O'Birne ; Donell O'Morrogh ; Cahier O'Morohe ; Marris O'Kane ; Hugh Rooe ; Thady M'Murtagh Oge ; Hugh M'Dermott; Edward Walshe ; and others — Dublin, Dec. 24. 28. Pardon of Shane M'Shane M'Kennerie, of BellenghenuIIy, in the county of Limerick ; Cahill M'Moellmorie ; Melaughlin Reogh O'Grogan, of Doroclogh; William O'Fynn M'Dea; Philip, Wale Pitzwflliam ; John FitzJames M'Redmond Barrie, of Caiirishe ; Gerald Arralt ; William Harrold ; and others. — May 26, 1598. 29. Pardon of Thomas M'Keoghe, of the Pallace, in the county of Wexford ; Edmond Boy, of the same place ; Kory O'CarroU ; Thady M'Brien ; Thomas Moyle ; Donell Oge M'Rorie M'Carroll ; IS98.] CHANCBEY, IRELAND. soi Shane M'Keoghoe, of Rahyne; Margai-et nyne Donogh M'Shane 40 O'Toole ; Art O'Neale ; Nicholas O'Molan ; Thomas Keane, alias Elizabeth. Cahall, priest ; Donel O'Tomolte ; Eery M'Shane M'Keogho j Ni- cholas Moore AshpoU, of Comelscourte ; Onore nine Caher O'Toole ; and Margaret nyne Nolan ; in the counties of Dublin and Wexford. — March 7, 1597- 30. Pardon of James Laffan, of Ballingree, in the county of Tipperary ; Donal O'Lalor, of Arcregare ; William Hay, of Rath- culbin ; Riqhard Cumerforde FitzRichard, of Danganmore ; Nicho- las Comerforde, of Oonlaghe; EUinor PitzRedmond FitzGerald ; Gilpatrick O'Murchowe, of the Graige ; Nicholas Tobin, of the county of Kilkenny ; Felyne M'Hugh Gankagh, of Tulloe ; Pergananin M'Owen O'Birne ; Donal M'Dallon O'Birne ; Fergananin M'Owne O'Birn ; Arte M'Dallone O'Birne ; Shane Bayliffe M'Owen ; Savall M'Hugh O'Birne ; Donal Roe M'Teige Meranagh ; James O'Ryan M'Perdoroghe ; Donal M'Morrogh O'Nolan; Rory M'Mnrrogh O'Nolan ; Hugh O'Divine ; Gerald O'Divine ; Edmond M'David O'Hereghan ; Dallogh M'Fergauin O'Birne ; Hugh O'Bolger, and Dermot Cavanagh M'Thomas, of the county Carlow ; and Owen O'Clerie of the county Dublin April, 12, 1598, 31. Pardon of Edward PitzGerald ; William Enace FitzGeralde; Gerald Fitzmorishe FitzGeralde ; William FitzRichard FitzGerald ; James FitzEdmond PitzGerald; John FitzMorish FitzGeralde; Thomas FitzMorish FitzGerald ; Walter PitzNicholas FitzGerald ; Richard Wesley ; Thomas FitzGerald ; Bryne FitzGeralde ; Edward Bremingham ; Gerald FitzRichard ; Mulmory O'Mulconry ; Donat Oge Cormack O'Morann ; Daniel Farrall ; Pense Wale ; Gerald FitzGerald; and others. — Dec. 14, 1597. 32. Pardon of Lisagh M'Tirlagh O'Carroll ; William M'Tirlagh O'Carroll ; Rory M'Tirlagh O'Carroll ; Molrony M'Teige O'CaroU ; Rice M'Teige O'Carroll; Geffry PitzTibbot Bourke; Phelim M'Owny ; and Lisagh M'Callough. — Bvhlin, Nov. 26, 1597. 33. Pardon of Phelim M'Feagh O'Toole, of the Tartie ; Donel O'Toole; Hugh O'Toole; Alexander O'Toole; Feagh O'Toole; Gerrot M'Dermot; Thomas M'Hugh; Phelim M'Hugh; Donat Leagh M'Gillpatrick ; Arte M'Cahire More; Donal O'Hanlon ; Connor Roe Pisherie, alias O'Farrall; Dermot M'Morongh; and others. — Dec. 24, 1597. 34. Pardon of Henry Piers, of Tristernagh, in the county of Westmeath, provided he shall not return to Ireland for six months. —Sept. 13, 1597. Membrane 13. 35. Grant to Charles Howard, Earl of Nottingham, of the ward- ship and custody of all the lands and possessions of which Gerald, 502 PATENT AND OI/OSE BOLLS, {1598. '*° late Earl of Kildare, enfeoffed William Talbotj reciting that Rioliard Elizabeth. Talbot, of MuUahoyd, in the county of Dublin, had the custody and wardship of certain lands and possessions w^ieh descended to him by the death of William Talbot, of Mullahoyd, his grandfather, because the said William vas the survivor of several, united with him, who were seized of several castles, honors, manors, and lands held of the Crown, in capite, by Gerald, late Earl of Kildare, to the use of the said Gerald and his heirs male.— DwWin, June 29, 40°. 36. Appointment, of Patrick Sedgrave tQ the office of Second Baron of the Exchequer ; To hold during pleasure, with the accus- tomed fees ; in as ample manner as Richard Sedgrave held that office. — Dvhlin, Oct. 27, 40°. 37. Appointment of Adam Loftus, Master of Arts, to the office of one of the Masters of the Court of Chancery ; To hold during good behaviour, with a fee of £20 a year; in as an^ple manner as John Ball or James Ryan held that office. — Nov, 8, 40°. Membrane 14. 38. Licence to Sir Henry WaUopp to alienate and convey to Lodovick Briskett, of Maighmaine, in the county of Wexford; Oliver Wallpp, second son of Sir Henry, Richard Hopper, and John Browne, the sit^, ambit, and precinct of the latp house of Priafs of Enniscorthy, in the founty of Wexford; the manor of Enniscorthy, and all castles, messuages, mills, commons, ways, and tenements to the monastery belonging, a.nd the towns a,nd lands of Enniscorthy, Garran, Kilkenan, Lougbwerrie, Barricroire, aijd Bal- lineparke, iu the county of Wexford.— tZ^mJ/Jm, Apnl i, 4P°. 39. Pardon of Dermot M'Morrig Cflrvepagh, Derpiot M'Creffi)n Cavenagh, Donell M'Creffan, Dpnaogb M'Cjreffp^j Kreffpn M'Cpe^n, Arte M'Pally, Brian M'Oaher Owre^ Edmopd Bf'Kahji: Qwre, Owny M'Kahir Owre, Tei^ M'William Mfiyle, Ponqgh Roe M'Morou^, M'Dermot Cavenagh, and others, provided they personally appear and submit themsdves, beforp the Commissioner of the county of Wexford, at the ensuing General Sessions, and )5ad sufficient security to observe the peace Dublin, JTom. 2,^°, 40°. 40. Pardon of Mpriert^gh M'Bdmopd, of the Mony; Efipon^ Duff M'Moriertagh, Gerald BoyM'Moriertagh, James Mofiert^gh, I(dwW)d M'Arte Roe, Kirnen M'Moriertagh Rowlande, William Devereux, of TalleiTiight; and others. — Nov. 26, 1597. 41. Pardon of James Comerford PitzNicholas, of Arieman, in the county of Tipperary ; Robert St. Leger, of Penonstowne ; James St. Leger, Katherine ny Magher, of Anynaolt ; Redmond Leigh Bourke Englishe, Philip Purcel PitzJames, of Cs^tJetosfw; Valfcej- Batler FitzJohn, of Nenaghe ; John Berne, Peter Bnt^pr, of Glywn, iR fi^e IS98.] CHANCERY, IRELAND. 503 county of Waterford ; Arthur FitzHenry, of Kilgarvan ; and John 40 FitzJames Prendergaste. — DvhUn,Nov. 26, 1597. Elizabeth. Membrane 15. 42. Pardon of David Oge Boy PitzDavid, Og© Mantagb, John M'David Oge Mantagh, Walter FitzEichiard O'Sheea, John O'Sheea, John Listen, alias Sellinger, and Thomas Boy O'Shanaghan. — BMin, Nov. 25, 1S97. 43. Pardon of Donald M'Oartie, alias Donell M'Ckrty, Walter Cnsack, of Eells ; Morris O'Shae, Nicholas Browne, of Coylinore ; Peter Dalton, of Kilmodallie ; John Pheianj'.of StradbaUie. — Dvblin, Nov. 22, 1597. Meimbrane 16. 44. Pardon of John Kearny, Morrice Kearny, Cornelius Kearny, John FitzThomas Oge Butler UUige FitzMery, Melaghlin O'Moran, John Butler, Amorie Keatinge, Paul Keatinge, Edmond Purcell, of Kilkenny. — Dvhlin, Nov. 26, 1597. 45. Pardon of Thomas Butler FitzBdmond, of Inistioke, in the county of Kilkenny ; Perise Lacy, of Brons, in the county of Limerick; Lisagh O'Birn PitzTerlagh, of Inistioke aforesaid; Donat M'Brien O'Brien, Donell Kevenagh M'Caher, Moriertagh O'Mor- r«chon, Edmond O-Morreehon, Richard O'Gormegan, John Purcell FitzThomas, Philip M'Cragh FitzThomas, Walter FitzEdtoond Forstall, Perrse Butler FitzBdmond, all of Innistioke ;, Robert Gall, of Carrancaman; Fardorogh O'Macky, Deny 11 O'Meagher, Philip O'Meagher, and James M'Brien, of the same place ; Me- laghlin O'Meagher, of Swifyn, in the county of Tipperary ; Thomas Power FitzEdmond, of MotheU, in the county of Waterford, and others. — Bvhlin, last of AugvM, 1598. In Dorso. Membrane 2. 46. Commission to Richard Bingham, Chief Commissioner of the province of Connaught ; Thomas Dillon, Chief Justice of the same province; and Garret Combqrforde, Attorney, to ascertain what right or title Edmond Barret, senior, and Edmond Barret, junior, have to certain lands and possessions in the baronies of Jaris (Brria) and Tirawley, in the county of Mayo. — May 25, 35°. 47. Inquisition, taken at Clonegarshell, in the county of Mayo, the 9th of March, 1593, .in the 36th year of her Majesty's reign, in pursuance of the commission in the preceding article mentioned • finding that, the lands following, are the lawful inheritance of Edniond Barrett, senior, descended to him from his ancestors or 504 PATENT AND CLOSE ROLLS, [1598, 4° purchased by him ; namely, " Iniver-torran-leam, Corraghrie, Toes- Elizabeth, carte, Iniskea, Ballencarne, Ballenglancoe, Dukighan, Ballichrohie, Ballivonnell,I)owkreghan,I)oughoma; thehalfqaarter of the Carow- leccan, Kilbride, Kathleccan, in the barony of Tireawlie, late in the posses3ion of Slight Shad. The inhabitants of the barony of Brris, acknowledge the absolute and sole interest of all Irris, to be his lawful inheritance, except Redmond Barrett, of Torran, who claims the Castle of Torran, and a quarter of land thereto belonging, a quarter of Glancastle, a cartron of Sheneghy, and the interest which John Browne, of the Neale had to some parcels in Irris ; of the nature or validity of those interests the jurors were uninformed, but they found, by ancient testimony and witnesses of great credit, that the whole barony of Erris was, and is, the lawful inheritance of Edmoud Barrett, which was sufficiently witnessed, with great credit, a long time before the coming of Browne into Mayo. Ulick Bourke M'Moyler, and Shane Bourke, of Irris, usurped upon part of Irris, and, being traitors, were slain in open rebellion by her Majesty's forces." Signed, R. Bingham. Thomas Dillon. Ger. Comerforde. Membrane 3. 48. Writ or commission to Sir Richard Bingham, Thomas Dillon, and Gerald Comerford, to return into Chancery, within the octave of the Purification of the Blessed Virgin Mary, the inquisition in the preceding article mentioned. — Nov. 18, 37°. 49. Return of the Commissioners, stating that the writ and inqui- sition were returned into Chancery on the 4th April, in the 37 th year of her Majesty's reign. Memorandum of William Casie, of the city of Dublin, on the 23rd of July, in the 40th year of her Majesty's reign, having come before the Master of the Rolls, and producing the deed next following, prayed that it might be enrolled, at vrhose request it is enrolled as follows : — 50. Conveyance whereby George Sherlocke, of the city of Water- ford, granted and conveyed to William Casie, a fourth part of a moiety of the town and lands of Eilfrushe, containing, by estima- tion, half a carucate of land of every kind, in the county of Limerick, late parcel of the possessions of James Nugent, of Kilfrushe, at- tainted ; three parts of a moiety of the lands of Cwigie, in the county of Limerick ; three parts of a carucate of land of every kind in Lackopveutan, in the same county, and a fourth part of a caru- cate of land in Cahirdaren ; To hold for ever of the Queen. — Rent gs. Irish. — reciting letters patent of the preceding lands, amongst others, to Sherlock, dated the last of August, in the 37th year of her Majesty's reign — Sept. i, 159S, 37°. 1598.] CHANCERY, IRELAND. 505 Mernlyrane 4. 40 51. Conveyance whereby George Sherlock, of the city of Water- E^^^*'*- ford, granted and conveyed to William Casy, of the city of Dublin, the town and lands of Castlekippen, in Crome, and half a carucate of land adjacent to the castle, with their rights, members, and ap- purtenances, in the county of Limerick ; To hold for ever of the Queen. — Rent 6s. 8d. — Reciting letters patent of the preceding lands to George Sherlock, dated 25th November, in the 40th year of her Majesty's reign. — Nov. 7, 40°. Memorandum of delivery of seisin, and possession. 'Membrane 5. 52. Memorandum of James Dorsie, of Gal way, alderman, on the 20th June, in the 40th year of her Majesty's reign, having come before the Master of the Rolls, and producing the indenture herein- after next following, prayed that it might be enrolled, and it ap- pearing without erasure or interlineation, manifest, distinct, and properly sealed, was ordered to be enrolled accordingly : — Conveyance whereby Stephen, Bishop of Clonfert, with the con- sent of Donogh O'Huran, Dean of Clonfert, and of the assembled chapter, for certain good considerations, tending to the utility and increase of the rents of the see, and in consideration of a certain sum intended for the reparation and rebuilding of the cathedral, now waste and defaced, granted and conveyed to Marcus Lynch PitzPeter, of Galway, merchant, all the manors, lands, rents, tithes, alterages, obventions, and spiritual possessions of the bishoprick of Clonfert, namely, Ballidonnolan, Keillvoggie, (Jarve, alias Moynover, Doroghte, Kuckfine, Eahirmannock, Clonemam, Carahae, Iser- clernan, Necoluny, Rahared, Dowgaran, Killcomckny, Kilasbemol- lan, Leathrinne, Clostokin, Moyod, Aghryme, Omany, Clonetwes- kerte, Kilclowny, Gransegh, Garvallie, Downeleon, Leckinyny, Brenagh, Killaleghtane, Reaghille, Killowermore, Clonekyne, Kil- laghy, Clonbigny, Calltranapallish, and the Downe, in the county of Galway; To hold for 61 years — Rent £4 54 Confirmation by the dean and chapter. Signed, S. Clonferte. Donat O'Huran: Decanus Clonfertensis. 53. Pardon of Phelim M'Feagh M'Hugh O'Birne, of Ballinecor in the county of Dublin ; Eatherine O'Toole, his wife • Brian M'Arte O'Birne, Donnogh M'Phelim O'Birne, Cahir M'Hueh Duffe O'Birne, Donnell M'Hugh Duffe O'Birne, Tirlaeh M'Hulh Duffe 5o6 PATENT AND CLOSE ROLLS, [15518. 40 O'Birne, Mawe nyne, bis wife ; Art M'Caher O'Bime, Dorren nyne Elizabeth. Donogh, Brian M'Tirlagh O'Birne, Oliver M'Garret O'Birne, and others principally of the O'Bimee. — Dublm, May 28, 40°. Membrane, 8. 54. Petition of Garrett FitzRiohard, alias M'Thomas, of the Pallice, in the county of Limerick, To the Right Worshipful the Vica-President and Council of Con- naught' — " Humbly sueth unto your wisdomes ; your Suppliant hath been addressed unto your Worships, with the Lords of the Council's letters, for trial of his right to his land, with expeditioni.because he is not able, through extreme porertie and necessitie,to prosecute suite. The premises tenderlie considered, may it please your Worships, to direct your commission to some indifferent men in the county of Waterford, or near thereto, to examine such witnesses as he sha^ produce to the interrogato^es hereunto annexed, and he will pray." iNTEBBOaATOBIES. Whether Thomas FitzRichard, of the Pallice, in the county of Limerick, known by the name of M'Thomas, was married according to the order of Holy Church, to Margaret Tobyn nyne Richard, or not? In what place were they married ? How long did they live and dwell together as man and Tvife after the marriage ? Whether Thomas put away the said Margaret of his own motion, without the a,id or consent of Holy Church, or other goodmean^^wj brought to him Pynnolly ny Vrien, or not ? Whether the marriage past betwixt Thomas and Margaret was a long time before that he brought to him Pynnolly ne Vrien, or not? — Shandon, March, 1, 1587. "These are to will, require, and authorize you, to Q^a,n4)!.e such witnesses, being impotent and not liked to be here travQllfeii,^ a$ the plaintiff shall produce before you, upon the interrpg^ij^ori^a above written, and the examinations to return unto us, clQsei ^ealgd, under your hands, and for so doing this shall be your warrant, ist March, 1587. " Thomas Norreis. John Miagh. Richard Becon. " To our well beloved, Mr, James Wise, esquire, and Mr. Patrick Dobbin, of Waterford, aldermen." Depositions of witnesses taken at Waterfor(i, nth April, iu the 30th year of her Majesty's reign, before us whose names are sub- scribed,, in the behalf of Gurret FitzRichard, alias M'Thomas> of the Pallice, in the county of Limerick, by virtue of a opmroissiQn from the Right Wori^hipful Thomas Norries, esquire, and the Council of Munster, bearing date ist'Maich,, 158J: :— igpS.] CHANCERY, IRELAND. go? Margaret Tobyne nyne Riokard, of Brickendon, in thp epu»ty of ^^ 4^ Tipperary, being duly sworn, says, that shoe waa wedded to Thomas PitzRichard, according to the order of Holy Church ; she was mar- ried at a church in the Coursey, called Killowre, publicklie, by a priest, named Sir William Duffe Butler, in presence of a great num- ber of gentlemen and other people, Thomas TitzRichard and witness lived together, after the marriage, as man and wife, the space of four years or thereabouts, within which time she bare him a 'sonne and a daughter. Thomas FitzRichard, of his own motion, and with- out divorce, aid, or consent of Holy Church, put her away, and brought unto him I"enole ny Vrien, who bare him children, but whether she was married or not, shee knoweth not. There was seven yeres betwixt the mariadge past betwixt her and Thomas FitzRichard, before he brought unto him the said Penole ny Yrien. • John Peer, Lord Baron of Curraghmore, of the age of 58 years, duly sworn, says he heard divers gentlemen and others, who were present at the marriage, tell that Thomas PitzRichard and Margaret Tobyn, were wedded accordinge to the order of Holy Churche, an4 Thomas himself tould him that he married Margaret Toben; showing, for cause of knowledge, that he became suretie, before the marriage, unto Richard Tobyn, at the request of Thomas PitzRichard, that he should marry his daughter Margaret Tobyu. He heard divers gentlemen and others, who were at the marriage, tell that they were wedded at a church in the Coursey, called Killowre. They lived together as man and wife three or four years ; he saw them dwell together in Illane Hobbureke, in Waterford, and other places. Thomas PitzRichard put the said Margaret away of his owne motion, without divorce or consent of Holy Church, that ever he could heare, 3,iid brought in PenoUe ny Vrien. Richard Tobin, father of Margaret, sued witness after M'Thomas put her away, for that he was suertie that he would perform the marriage and con- tinue the same. He gesseth and supposeth there was six or seven years betwixt the marriage and the bringinge in of Penole ny Vrien. William Daton, of Croane, in the county of Limerick, says, he is fully resolved that Thomas PitzRichard was married to Marg?i,ret Tobin, albeit he was oot present at the weddinge, for his father, Edmond Daton, Edmond Brenagh, Lord of the mountaine, J^mfis Sweetman, of Castellife, and a number of the principal gentlemen of the county of Kilkenny, who were present at the mariadge, tould witness, after cominge from the same, that Thomas PitzRichard and Margaret Toben were wedded, whereof they were witnesses. He saw Rickard Toben and his wife, annte to witness, come to his father's house to seeke heipe of marriage goods to be given to his daugher to M'Thomas. Thomas Halpine, of Castletane, of the Coursey, states he was present, and saw the marriage. They were wedded at a church in the Coursey, called Killowre, by a priest, named ^ir William Duff Butler. Thomas and Margaret lived together as man and wief, after the marriage, three or four years, within which time she bare him a Sonne and a daughter. He was privie to the ma accident of gunpowder," the S20 PATENT AND CLOSE ROLLS, [1599- 41 version of which came to the crown by the attainder of Eichard Elizabeth. Penteny, of the Carbrough. — Dublin, Nov. 34, 40°. Membrane i-j. 18. Presentation of John Rider to the Prebendary or Canonryof Geshell, in the cathedral of Kildare, vacant, and in the disposal of • the crown by lapse, devolution, the insufficiency of the late incum- bent, and other legitimate reasons. — Dublin, March 16, 41°. 19. Presentation of Edward Moore to the perpetual vicarage of the parish church of Cloncarrie, in the diocese of Kildare, vacant by the decease of Laurence Brian. — April 7, 1599. JO. Presentation of William Whitreede to the perpetual vicarage 'of the parish church of Skryne, in the diocese of Meath, vacant by the decease of Thomas White. — Dublin, Oct. 23, 40°. 21. Pardon of Thady M'Henrie, of Blackewoode, in the county of Kildare ; Ellinor FitzGerald, his wife ; and others. — Dvhlin, March 24, 41°. Membrane 18. 22. Pardon of Thady DufTe, Ardell Dufife, and Faly Duffe, sons of Melaghter Oge, of the Newtowne, in the county of Meath. — April 10. 23. Pardon of Robert Draper, parson of Trim ; Laurence Walsh, of Ardennagh, in the county of Meath ; Thomas Preston, of Athboy; and others. — April 6. 24. Pardon of William Fitzsimous, of Arglasse, and Michael Fitzsimons, his son. — Dublin, May 16. 25. Appointment of Richard Lynche to the office of Summonister of the Excheqaer, during good behaviour, with the fees to the office appertaining. — DiMin, April 5, 41°. Membrane 19. 26. Appointment of Robert, Earl of Essex, to the office of Lieu- tenant-General and General Governor of Ireland, with power to protect the peace, laws, customs, and all liege subjects, English and Irish — to punish all persons offending — to ordain* ordinances and statutes — to make proclamations, and demand the due execution thereof — to chastise and incarcerate all offenders — to receive* all rebels to the king's allegiance — to grant* full pardon to all seeking same, and suit of peace for all felonies and murders — to accept fines and redemptions from such as ought, or are willing, 'to make them for such offences — to do justice to all persons, according to the laws and customs aforesaid — to punish all persons invading and intending * With the advice of the counsel!. I599-] CHANCERY, IRELAND. 521 to plunder, or lay waste said kingdom, and the liege subjects 41 there — to levy the king's subjects, and with them to conquer and Elizabeth, chastise the rebels ; and if necessary, to allot and lease their lands to others — to reserve* an annual rent upon every such lease and allotment — to pardon all treasons, and other offences, excepting only treasons against the king's life — to constitute all officers, W to hold during pleasure, with all wages and rewards to said offices, of an- cient time due and accustomed, if any be English born — to grant and confer all ecclesiastical offices to the king's presentation, in any way belonging ; the nominations of archbishops and bishops always excepted — to confirm* the state, privileges, and liberties, of all persons ■possessed of any ecclesiastical benefices — to accept the allegiance, provisions, and renunciations of the archbishops and bishops ; and cause their temporalities to be restored to each of them, reserving all rights and revenues, by reason of the vacancy of said dignities, benefices, etc. — to receive the homage of all tenants, spi- ritual and temporal, and of all subjects — to cause their lands and tenements to be restored to them, and the king's hands therefrom removed — to take by his purveyor, necessary victuals for the entertainment of him and his soldiers,, with sufficient carriage thereof, for defraying their reasonable charges, according to the statute for purveyors ; unless, by a composition made with the inhabitants within the English pale and other counties, an annual sum be paid the Deputy, as compensation for providing such victuals — to sum- mon and hold one parliament only, when most expedient, the king's consent in that behalf being first had — to prorogue and adjourn said parliament, as there shall be necessity ; and fully to determine, dis- solve, and end it within two years from the time of its beginning — to mulct and punish whatever persons, so summoned, shall be ab- sent and not lawfully obstructed — to make all accountable officers account, the treasurer and sub-treasurer only excepted — to inquire what goods or cattle were forfeited, or may be concealed — to exer- cise and ordain every thing, which by right, use, and custom belongs to the office of Deputy-general, and is necessary for the good government and custody of the peace of said land, the quietness of the people, and the recovery of the king's rights— to do and execute all other things, in the king's name, which his majesty should or ought to do, if he were there in his own person — to command and use* for the king's service and safety of the kingdom, all the king's ships and others, which now are, or hereafter shall be, about the shores thereof in the king's service, unless by special commission, or by ordinance of the admiral of England, special instructions and services be enjoined to the captains of said ships — to exercise mar- shall law ; and, for the execution thereof, to appoint, by letters patent, such and so many officers as to him shall seem expedient * With the advice of the counsel!, (a) The offices of chancellor, treasurer, sub-treasurer, justices of either bench chief baron of the exchequer, master of the rolls, treasurer at war, marshal master of the ordnance, clerk of the cheque, presidents of Munster and Connaug'ht, and the offices of attorney and solicitor general, only excepted. 522 PATENT AND CLOSE BOLLS, [1599, 41 etc. — permission to give, grant, and demise to any person, the castles, Elizabeth, territories, lordsliips, manors, and lands within the territory or country of Tyrone and O'Donnell's country, commonly called Tire- conneli ; the county Leitrim, commonly called O'Rowork's country; the county of Fermanagh, commonly called M'Qure's country; and the territory called the Route, or M'Surley boy's country, forfeited by the attainder of Hugh, late Earl of Tirone ; To hold to them and their heirs male, reserving such rent and tenures as to the Deputy- General should seem meet. — Dublin, March 12, 41°. Memhrwne 22. 27. Appointment of Sir Christopher Blnnte to the office of Mar- shall of the Army and Forces in Ireland, by the name of Marshall of the Camp, and General or Marshall of the Army and Forces ; with the fees and wages assigned by her Majesty's letters, dated 25th of February, in the 41st year of her reign. — Dublin, April 25, 41°. Membrane 23. 28. Appointment of Captain Edmonde Wayneman to the office pf Provost Marshall of the province of Connaught and Thomond, during good behaviour, with the accustomed fees and wages, in as ample manner as Nathaniel Smith, Dudley Norton, Captain Thomas Lea, Barnaby Gouge, Francis Barkley, Robert Fowle, or John Bale enjoyed that office ; and for the better prosecution of the rebells, traitors, and malefactors who haunt the province, her Majesty bestows on him the fee of 4s. 6d. a day and the leading and charge of 10 horsemen of English birth, to be annexed to the office of Provost marshall, with the ordinary and accustomed allowance and entertainment for them. — April 29, 41°. Membrane 24. 29. Appointment of William Robinson to the office of Prothono- tary of the Common Bench, and keeper of the writs, files, roUs, and records; during good behaviour. — Duilin, May 17, 41°. 30. Appointment of William Saxey to the office of Second Justice of the Chief Place, during pleasure, with the accustomed fees and wages, in as ample manner as Sir Nicholas Welshe held that office. — Dublin, July 16, 41°. 31. Demise from the crown to Robert Bisse of the rectorial tithes of the parish churches of Derpatricke, the Graunge, Tullaghmeddan, and the Old Parish, with the appurtenances, in the county of Meath, with all glebe lands, tithes, messuages, oblations, obventions, and emoluments thereto appertaining, parcel of the possessions of the late monastery of St. Thomas the Martyr, alias Thomas-court, by Dub- lin ; the tithes and alterages due to the curates and vicars only excepted : To hold for 21 years. — Rent, £8 13s. ^d., and ten pecks of sweet and sound cotn yearly, that is to say, five pecks of wheat 1599.] CHANOBRY, IRELAND. S^S and five pecks of bere malt, at the Feast of the Purification, in or at 41 the town of Trim, according to the accustomed measure of the Elizabeth, country. — BvhVm, Sept. 20, 41°. Membrane 26. . 32. Pardon of Pierse Butler, of Knockenanan, in the county of Tipperary, and More ny Brean, his wife. — Dublin, Sept. 16, 1599. Membrane 2'j . 33. Pardon of Thomas Heigham. — Dublin, Aug. 22, 41°. 34. Pardon of Richard Holliwood, of the city of Dublin.— Dublin, Aug. 25, 41°- Membrane 28. 35. Pardon of Callough Birne, of Kilternone ; Donogh Oge M'Murrogh O'Birne, Gerald M'Mnrrogh O'Birne, Brian M'Bcallough, Shane Oge M'Donogh, and others. — Dublin, July 26, 41°. Membrane 29. 36. Pardon of Thomas, Lord Baron of Cahir, and Lady Elinor, his wife; BUene Tobin, Katharine Butler, Derby Olanchy, Morris Tobin, Bdraond Tobin, and others. — Aug. 2, 41°. Membrane 30. 37 . Pardon of John Delahoyde, of Kilagh ; Aunable Browne, alias Delahyde, and others. — Aug. 21, 41°. In Dokso. Membrane 2. 38. Demise from the crown to Sir Anthony Sentleger of the site, ambit, and precinct of the late abbey or monastery of Mellyfont, in the county of Louth, with all edifices and buildings within the site, four oulverhouses, a watermill, and the orchards, gardens, parks, and cloisters belonging to the abbey, demised by letter patent, dated 4th March, in the 19th year of her Majesty's reign, to Anthony Power. The rectories and parsonages of Burnchurch and Bewper, in the county of Kilkenny, with all manses, glebe lands, tithes, alterages, and oblations, parcel of the possessions of the late monastery of Kells, demised by letter patent, dated 12 th December, in the 19th year of her Majesty's reign, to Anthony Power. The manor of Ratoath, in the county of Meath, a ruined tower upon the site of the manor, with the gardens and orchards thereto belonging ; 7 acres pasture, 340^ acres arable, 13 acres called Hey- nott's land, parcel of the demesne of the manor, in the town and fields of Ratoath; 40 acres arable called "the MaudliaeSj". pared 524 PATENT AND CLOSE KOLLS, [1599. 41 of her Majesty's antient inheritance, in the county of Meath (the Elizabeth, chief rents payable out of the manor, amounting to £xo 13.?. jd., excepted), which had been demised by letters patent, dated loth September, in the B3rd year of her Majesty's reign, to William Kellie. Eight cottages, 60 acres arable, and 20 acres pasture in Clane, ill the county of Kildare, parcel of the possessions of Thomas Eustace, of Cardiston, attainted ; the tithe corn, alterages, and ob- lations of Callingston, in the county of Dublin, parcel of the posses- sions of the nunnery of the Hogges, by Dublin ; a messuage, two cot- tages, 8 acres, a parcel of ground, and three crofts in the town and lands of Balgeth, in the county of Meath, parcel of the possessions of Christopher Eustace, attainted. All the lands and tenements called the Windmill land, within the manor of Newcastle, and a water-mill called the King's mill, in the town of Milton, within the manor, in the county of Dublin ; the town or village of KildufiFe, in the King's county; 90 acres arable and pasture in Kilduffe, now in her Majesty's possession, by the death of David Sumpter without heir male ; a messuage or tenement in Blackeston, near Leixlipp, in the county of Kildare, containing; 14 acres arable, parcel of the possessions of David Sutton, attainted ; a castle or chief house, called the Castle of Askeatinge, with all edi- fices, buildings, towers, gardens, courts and bawns thereto belonging, and 40 acres next adjoining, in the county of Limerick, late parcel of the possessions of the Earl of Desmond, attainted, and which had been demised to Sir Francis Berkeley by patent, dated the i8th October, in the 32nd year of her Majesty's reign. Thirty acres of underwood in Cowloke, in the county of Dublin, which were reserved in her Majesty's grant to the Earl of Clan- rickard, dated 20th February, in the eleventh year of her Majesty's reign; To hold for 40 years. — Rent £10 13s. 7^. — Dublin, Oct. 1']. 41° Membrane 8. Elizabeth R. 39. The Queen to the Lord Deputy and the Lord Chancellor. " We grete you well : whereas Garret, late Earle of Kildare, had, by the grant of Philip and our deerest sister Mary, the manor of Rath- wyre, in the county of Westmeath, and the monastery of Ballibogan, in the county of Meath, amongst other lands, to him and tlie Lady Mabell, his wife, and the heirs male of the Earl ; the reversion being to the heirs and successors of our dear sister ; and he so being seized, sould the castle and towne of Kynagad and other parcels of the manor, containing, by estimation, 400 acres arable, to George Fitz- Gerald, and his heirs, in fee ; — and whereas Henrie, late Earl of Kildare, son of Garret, granted to one Burnell, the towns of Anes- kenan and Dermore, parcel of the manor and the monastery of Ballibogan, with several lands to them belonging, containing 464 acres arable, for a term of years yet to come, which term, Sir Edward 1 599-] CHANCERY, IRELAND. 525 FitzGerald, son of the said George, now lawfully hath ; all which _ 4i lands are now to revert to us after the death of the Lady Mabel, for Elizabeth, want of issue male of the body of Earle Gerot ; and thereupon all Sir Edward's estate in the premises is determinable ; nevertheless in consideration of your good recommendation of the service of the said Sir Edward done unto us, and as his father was slaine in our service, we are pleased to grant unto him, the said Sir Edward, and the heirs male of the hody of his father, the reversion of the castle and town of Kynnagad, Aneskenan, Dermore, and the mon- astery of Ballybogan, now or late in the tenure of the said Sir Ed- ward, or his under tenants ; wherefore our will and pleasure is, and we authorize you by advice of our Council, upon view of Sir Ed- ward's evidences and title to the premises, to grant the reversion of the castle of Kynagad, and the rest of the premises, from us our heirs and successors, to the said. Sir Edward, and the heirs male of his fatliei', in as ample manner as Sir Edward now enjoyeth the same, by letters patent; to be held of as by knight's service, in capite, as the Earle held the same, with as convenient speed as maybe. And if Lady Mabel shall dye before the passing of our grant to him, then our pleasure is, that ye shall make an immediate grant thereof in possession to him by our letters patent, according to our gracious meaning before expressed. — Greenwich, July 20, 41°. 40. Grant to Christopher, Baron of Delvin, of the custody, ward- ship, and marriage of Christopher, son and heir of John Cheevers, late of Maston, in the county of Meath. — Dublin, Sept. 14, 41°. Membrane 9. 41. Conveyance whereby William Sever, parson of Killclonferte, in the King's county, granted and conveyed to David Pludde, of the same place, the parsonage of Kilclonferte, with the mansion house, orchards, gardens, lands, tithes, rents, oblations, and other appur- tenances ; To hold from three years to three years, during the life of the said William Sever. — Rent £10. — May 10, 24°. Membrane 10. 42. Memorandum of Sir Henry Warynge, on the 20th January, in tiie 41st year of the reign of Elizabetli, having produced in Court the deed next following, prayed that it might be enrolled, at whose request it is enrolled as follows : — Conveyance whereby William Dongan, of the city of Dublin, granted and conveyed to Sir Henry Warynge, and Alice Loftus, his wife, a messuage, with an orchard and garden, extending to the outer gate of the late abbey of the Blessed Virgin, near Dublin, within the precinct of the abbey; the chapel and green adjacent, called the Abbey Green; a messuage in Saint Thomas-street, in the suburbs of the city, parcel of the possessions of the abbey ; To 326 PATENT AND CLOSE ROLLS, [1599. 4' hold for ever of the Lady the Queen by fealty only, in free soecage. ^'^'^' -Bee. 20,1598. y '^ ^ ^ ^' Signed, Will. Dongan. Memorandum of delivery of seisin and possession. 43. Memorandum of George Harvie, on the 29th January, in the 41st year of her Majesty's reign, having produced in Court the letter next following, prayed that it might be enrolled, at whose request it is enrolled as follows : — Elizabeth R. The Queen to the Lord Deputy and the Lord Chancellor. " We greete you well: whereas long since we did grant to our servant, George Harvie, by letters patent, the office of Constable of our Porte and Castel of Maryborough, in the Queen's county, with all houses, lands, meadows, pastures, mills, customs, and commands to the office, forte, or castle belonging, with the fee of i8d. a day for himself, and 6d. a day for 16 warders, used for the guard of the fort or castle. Now, the said George, having made humble suit to us, that we would be pleased to accept his surrender of the said office, and the same to grant againe unto him, and to Philip, his eldest sonne, duringe their lives, and the" life of the longer liver of them ; therefore we do let you understand, that in regard of the suit of the said George, and of his long and faithful service done unto us, and of the good service to be doue by his son, our will and pleasure is, that ye shall accept of the said George his surrender unto us of the said office, and thereupon you shall, by letters patent, grant again unto the said George and Philip, the said office, with all things whatsoever, in or by our former letters patent, granted unto him, the said George ; To be held and enjoyed by them, the said George and Philip, during their lives, and the life of the survivor of them, according to our gracious meaning towards them in this be- half, in as large and beneficial manner as the same was before granted to the said George, or as he or any other constable of the forte or castle, ever held or enjoyed the same by force of any grant of the office." — Greermich JvZy 17, 39°. Membrane 11. 44. Memorandum of Robert Leicester, on the 17 th of March, in the 41st year of her Majesty's reign, having appeared in Court, and producing the deed next following, prayed tljat it might be enrolled, at whose request it is enrolled as follows : — Conveyance whereby Richard Plunkett, of Rathmore, in the county of Meath ; Geo. Cusack, of Ratharon ; Walter Cusack, late of Dublin ; Richard Goldinge, of Archerston, in the county of Westmeath; Henry Plunckett, of Newton ; James Cusack, of Navan, in the county of Meath, granted and confirmed to Christopher Pluncket, 1599^] CHANCERY, IRELAND. 6^7 of Killalon ; James Dillon, of Moymet ; John Sarsfield, of Turmings ; 41 Patrick Ousack, of Rathbran, and William Wesley, of Dengeu, Elizabeth, the manors, towns, and lands of Kilskirr, BallicuUen, Milton, Bal- lenavilanaugh, Johnestowne, Robinston, Bolton, Harteston, New- ton, of Duleke, in the county of Meath ; the mills of Drueston and Eenlea, with waters, watercourses, "suit soo," and other emolu- ments ; the wood of Gloncat, in the county of Meath, and the manors, castles, and lands of Kilsalchan and Stalorgen, in the county of Dublin ; To hold for ever, of the chief lords of the fee, by the ser- vice thereout due and of right accustomed. — Nomination of -James Casey, of Newton, attorney, to deliver seisin and possession. Intent of the preceding feofiment, namely, that the feoffees shall stand seized of the lands and premises in trust for the use of the said Richard Plunket, and Anne, his wife, for the term of their lives, and after their death, to such uses as shall be expressed by the will of the said Richard. — Nov. 27, 1592, 35°. Delivery of seizin and possession. Nomination of John Ronan, of Rathmac to receive and take livery and possession of the manors of Kilsaghan and Stalorgen, in the county of Dublin. — July 6, 1595. Christopher Plunket. Membrane 12. 45. Memorandum of William Dongan, on the 9th of March, in the 41st year ,of her Majesty's re%n, having come into Court and producing the deed following, prayed that it might be enrolled, at whose request it is enrolled as follows : — Conveyance whereby Sir Henry Warren, of Castleton of Kil- droght, in the county of Kildare, in consideration of a lease to be made by William Dongan to Roger Asly, of a messuage with a garden and orchard extending to the outer gate of the abbey of the Blessed Virgin, by Dublin, and of a lease to the said Sir Henry of a tenement in Saint Thomas-street, in the suburbs of Dublin, and of a chapel and the green adjoining the abbey, granted and conveyed to the said William Dongan all the lands and tenements called Sir Morrish FitzThomas, his farme, a tuck mill, 20 acres arable, called the church land of Kildroght, 20 acres arable, parcel of the town and lands of Castleton of Kildroght, and such liberties and benefits as the said Sir Henry then possessed or enjoyed ; To hold for the terms and subject to the condition; and reservations in the deed men- tioned. — Dec. 15, 41°. 14- 46. Bond whereby Henry Warren, of Castleton of Kildroght, in the epuBty of Kilds^re, binds himself to William Dongan, of Dubiin, in the sum of £500. — Dec, 15, 1598. 5^8 PATENT AND CLOSE ROLLS, [1599. **' Condition of the preceding bond. Elizabeth. „,. , , „ Elizabeth R. 47. The Queen to the Lord Archbishop of Dublin, Chancellor, and Sir Robert Gardiner, Lords Justices. "Wee greete you well : Whereas we understand that the wardshippe of the heire of one Bartillmewe Ailmer, of Hartwell and Lions, a subject of that our realme of Ireland is, by the death of the said Bartillmewe, fallen into our hands, and reniaineth at our disposition ; we let you witt, that of our special grace, for certain considerations ns thereunto moving, we have given the same wardship to our well-beloved sub- ject, William Vdall ; and, therefore, we will and command you forth- with, upon receipt hereof, to give order for the making out of all such writs, process, or commissions for the finding out of the said wardship (if the same be not already done) as in such cases is usual and requisite, and to perform all such other things appertaining thereunto as by our laws and ordinances of that our realm are accus- tomed." — Richmond, Mareli 2, 1598, 41°. Memorandum of William Vdall, on the 20th April, in the year aforesaid, having appeared in Chancery and producing the preced- ing letter, prayed that it might be enrolled. Elizabeth R. 48. The Queen to the Earl of Essex, Lord Deputy. "Right tnistie and right well-beloved, we greete you well : whereas, upon petition exhibited unto our Council here, yonrselfe being with them then presente, by Captain William Warren, in the behalfe of his brother, Henry Warren, knight, it appeared unto you and them, that in the fifth year of our reigne we granted to the said Henrie, and to the heirs male of the body of Lis father, Humfrie, by letters patent under our great seal, the castle and lands of Ballibritten and other lands in the King's county, for the yearly rent of £7 15& or thereabouts, with other usual covenants meete for our service in those partes, as by a fiat or warrant testified under the hande of the Master of our Rolls there appeareth ; for as much as those letters patent have been lost by reason of the spoyles in these troublesome tymes there, and thereby oilr grant and gracious gift to the said Henrie is like to be frustrated, we are pleased, upon the humble petition of the said Henry, of our princely grace, and in respect of his and his brother's acceptable servive don to us in that realme, to grant unto him all the lands and hereditaments formerly granted to him by our letters patent, with such estate, reservations, and covenants, as were comprised in the former letters patent ; now casually lost ; to hold the premises to the said Henry Warren and the heirs male of the body of the said Humfrie, his father ; and that you shewe such favour to the said Captain William Warren, as thereby he may be the more encouraged to the continuance of his good service to us under you there, and as you shall finde he shall deserve." — Richmond, April 2, 1599, 41°. 1 599-] CHANCERY, IRELAND. 529 49. Memorandum of Christopher Hollywood on the 24th April, ^i in the year aforesaid, having appeared in Chancery, and producing t^uzabetli. the preceding letter prayed that it might be enrolled. Membrane 15. Elizabeth B. 50. The Queen to the Lord Deputy : " We greete you well and lett you witte, that by the letters of our Council here, dated at Croydon, the 6tli May, 1593, directed to the then Deputy of Ireland : we signified that our pleasure was to prefer Sir William Weston, knight, Chief Justice of our Common Pleas, now since departed ; Sir Robert Napper, knight, Chief Baron of our Exchequer, and Sir Anthony Sentleger, knight, Master of our Rolls, unto an estate, during the tyme onlie of their continuance in those offices, of so much of our lands as should be out of lease, lying conveniently for them in the Pale, meete for their provision, as were let at £100 sterling per annum; theyansweringasthe accustomed rent ; of which our gracious pleasure they hitherto have received no benefit, as is sufficientlie made known unto us j in consideration whereof, and of our good acceptation of the service done unto us by the said Sir Anthonie Sentleger, and the better to inhable and incourage hym hereafter in our service, we are pleased, of our princely bountie, to give unto him and his assigns, to his own proper use, without fine, a lease for fortie years of so much of our manors, lands, tenements, parsonages, impropriate tithes, and other hereditaments, spiritual or temporal, in Ireland, as well within liberties as without, in possession, rever- sion, or remainder, or which are or shall come to us by attainder, escheat, or any other lawful title, as shall amount to the clere yearly value of £50 sterling money of England, according to the rents now answered to us. Wherefore, we will and command you, that when Sir Anthony or his assigns shall bring unto you any note or notes of anie such of our manors, lands, or tenements, of the aforesaid value or under, at one or several times, that yon give him con- venient means to have the particulars thereof at the hands of our officers to whom it appertaineth, and thereupon to cause one or more lease or leases of the same to be passed from us unto him and his assigns under our Great Seal, in due form of lawe, for the term of years before mentioned, with all favor and expedition, reserving unto us, our heirs and successors, out of such of the parcels as are in charge, the ancient and accustomed rent ; and for the lands not yet brought into charge, such rent as they shall be valued at by our officers, with clauses and covenants usual therein to be incerted. And our further pleasure is, that you yield him all favour for enjoy- ing his entertainments formerly granted or assigned unto him by us, or heretofore signified by our letters, or by the letters of our Coun- cil ; and such horse and foote as have been formerlie assigned to him without cheque, for his better entertainment. — Manor of Richmond March 27, 1599, 41°. VOL. II. 2 M 530 PATENT AND CLOSE ROLLS, [159^. 41 Elizabeth. Elizabeth R. 51. The Queen to the Lord Deputy : " We greete you well and let you witt, that by the letters of our Council here, dated at Croy- don, the 6th May, 1593, directed to our then Deputy of Ireland, we signified that our pleasure was to prefer Sir William Weston, then Justice of our Common Pleas, now since departed ; Sir Robert Nap- pes-, : Chief Baron of the Exchequer ; and Sir Anthony Sentleger, Master of the Rolls, unto an estate, during the time onlie of their continuance in their ofiBces, of soe much of our lands as should be out of lease, lying convenient for them in the Pale, meete for their provision, as were lett at £100 per annum, they answering the accus- tomed rent ; of which our gratious pleasure they hitherto have re- ceived no benefit, as is suflicientlie made known unto us ; in consid- eration whereof, and of our good acceptation of the service done unto us in that our realm by the said Sir Robert, and the better to enable and incourage him hereafter in our service, we are pleased, of our princelie bountie, to give unto him and his assigns, without fine, a lease for fortie yeares, of so much lands, tenements, par- sonages impropriate, and tithes, spiritual or temporal, as well within liberties as without, in possession, reversion, or remainder, as shall amount to the clear annual value of £50, sterling money of England, according to the rent now answered to us: in con- sideration of his honest and faithful service in the office of Chief Baron of our Exchequer, wherein he hath byn speciallie recom- mended hither by letters from our late Justices and Council, to have discharged himself with greate sufficiencie and integritie, we are, therefore, further pleased, that the oversighte and super- intendence, heretofore granted to Sir Robert Gardiner over our Court of Exchequer, shall be revoked, and the same hereby we revoke and determine ; requiringe you, that our Chief Baron be restored to grant all m,andan[ius, in as large and ample manner as we under- stand both himself and his predecessors have ever heretofore used, as a thinge merelie incident to the office of Chief Baron; any re- straint by us formerlie made to the contrary notwithstanding, excej^t you ^hall find just cause to the contrarie, and shall thereof advertise us or our Council, that further order therein may be taken by us ; and; for his betljer encouragement in our service, you give him your assistance for any thing that shall be needful, either fpr the accom- piishment of our pleasure herpin declared, or for the due execution oJF jtjstice bpth fpr our honour and profit. — Manor of Richmond, March 2Y, 1599, 41°." Membrane 16. 52. Surrender by Andrew White to her Majesty: of the.glebeiand tithes of the .Grange of Rosnalvan, in the county of Kildare, whiph he held by letters patent, dated in the eleventh yeaf pfther Majesty's, reign. — June 16, 41°. Andrew White. 1599.] CHANCERt, IRELAND. S3i , Memorandum, that on the i6th June, in the 41st year of her 4i Majesty's reign, Andrew White came into Chancery and delivered Ehzabeth, into the hands of the Master of the Rolls the surrender in the pre- ceding article mentioned, and prayed that it might be enrolled. Signed; Anthony Sentleger. Memhrane I'J. Elizabeth R. 53. The Queen to the Lord Archbishop of Dublin, Ghp,ncellor, Sir Robert Grardiner, knight, Lord Justices ; the Earl of Ormonde, General of the Forces ; Sir Henry Wallop, Treasurer at War ; and the Council of Ireland. "We greete you well : whereas the Earl of Thomond holdeth of us, in fee, farm, the manor and town of Ar- molchan and Harreston-barrett, in the county of Meath, which we have heretofore granted unto him in fee farm, by letters patent, upon reservation of the yearly rent of £41 sterling; we let , you ■witt, that upon his humble suite unto us, and in consideration of his good deserts, by the continuance of theloyaltie which he alwaies hath showed in such service as he hath been called unto, havingi therein both honorably and chargeably acquitted himselfe ; we are pleased to grant the said Earl an estate in fee simple, without an- nual rent or service, of the above named parcels, with all the lands, hereditaments, and appurtenances by us heretofore granted unto him, in fee farm, for the yearly rent named in the letters patent ; we will and require you therefore, and hereby we authorize you to accept of him the surrender of our former letters patent of the fee farme, and to make a new grant in fee sin^ple, to the Earl and his heires, freed of all rents and reservations, to be passed by our letters patent in such form of law as may be best for the assur- ance ,of the, ES'il and his heirs, so alwais as our royal prerogative be sa,ved for those lands, and , the same tenure inserted in our new letters patent as was in our former, i "And whereas, by certain bylls under the hand of you. Sir Henry Wallpp, our Treasurer at War there, it appeareth there remains due to the Earle, both for his entertainment and other causes of our ser- vice there; the sum of £1,251 3«. ^d. sterling; for as much as he hath had satisfaction made him here of the, sum of £615 pa,rcel of the f i.,25,i 3S- S^i., which he aoknowledgeth to have received, as by acquittance thereof under his hand, and by the bills, signed like- wise by him heere to be delivered, to you, sjiall appeare,; we will you, therefore, to take order, that we may be discharged towards the Earle of the sum of £615, by defalcation thereof to be inade upon his bills or concordatuipsp so ^s hereafter we may not be charged with the same sum again."— JTomo?- q/' Richmond, Nov 10 1598. , g4. The Queen to the Earl of Essex, Lieutenant and Governor Generail of Ireland, the Council of State, and all other officers and mmisters : " Where we have constituted you our cousin of Essex 532 PATENT AND CLOSE ROLLS, [159c,. 41 by our Commission under our Great Seal, to be our Lieutenant Elizabeth, and Governor-General of Ireland, and you have made humble suit unto us, that we would be pleased to grant unto you leave to make your repaire into England, as well to see our person, as to inform us of sucli tilings as may be for our important service ; without which license if you should now depart, how great occasion soever yon might fiude to come over for such purposes, both your desire might be frustrated, by contrarie accident of winde, and those good oppor- tunities lost, by protraction of sendiiige to and fro for answere, which might otherwise have proved of good consequence to us and our State ; upon these considerations, at your humble request, and out of our confidence and full assurance in your care, dutye, and judg- ment, that you will never adventure any such returne, until you have so settled things there, as no danger may arise by means of your departure, and leaving our kingdom under the rule of any other, a matter whereof we commend you to take special care as you will answer it, we are pleased, and do hereby really and fully authorize you at such time as yuu shall think best, with observa- tion of the former cautious, to make your personal repaire hither with your ordinarie retinew. "And we do hereby also authorize you, with the advice of our Council of Ireland, to make choice there of such two persons of wisdome and other sufficiency, as shall seem fittest to you and our Council there, to take the charge and government of that State, and to constitute them, under our Great Seal, Justices of Ireland, so to continew until our pleasure be further known by warrant under our hand. " And because our meaninge is not that they shall so continew but for a short time, till we have heard from you the state of our affairs, nor have those authorities which you have, though their con- tinuance were to be never so small ; we do also hereby forbid them that they shall not meddle with giving any pardons, granting or demising any of our lands, gifts of wards, bestowing of pensions, or other actions of that nature, but only for that short time, till our pleasure be further known in manner aforesaid, to look to the ordi- narie administration of civil justice, the defence of our kingdom and continuation of such courses as by your direction, with the consent of our Council in Ireland, they shall be advised at your departure; for all which, either to be performed by you or our Council, or those justices as it doth or shall jointly or severally appertain, unto all or any of you, we do hereby give this full warrant under our hand and sienet manual, a,t our Manor of Richmond, the 27th of March, in the 41st year of our reign." Memhrmie 18. Elizabeth R*. 55. The Queen to the Lord Archbishop, Sir George Carye, Trea- surer at War, Lords Justices, and the Council of Ireland. — "We greete you well, and do let you know that Mulraorie M'Swyne, of IS99-] CHANCERY, IRELAND, 533 Toa, knight, hatli made humble suite, that in respect of his loyal 41 disposition, made known unto us, as well by our late provincial Elizabeili. Governor of Connaught, under whom he hath served, as also by the report of our late Lieutenant of Ireland, we would be pleased, of our princelie bountie, to accept of him a surrender of all the lands, spiri- tual and temporal, in the countries of M'Swyne-ne-doe, M'Swyne- fanet, and M'Swyne-banet, in Tireconnell, being fiftie townes, each towne containing about four hundred, fewer score acres, as he inform- eth, and to re-grant the same to him and his heirs, to be holden of us by such rent and service as we, in our princely wisdome, shall think meet ; although we cannot be inclined to grant unto him the lands possessed by other our subjects until it may appeare that they have wilfullie, and not by oppression, made defection in their loyaltie, yet nevertheless, such is our gracious acceptation of the petitioner's loyaltie and service, that we are pleased, and do hereby require and authorize you to accept of the said MuUmorie, a surrender, to our use of all the castles, lands, and hereditaments in the territory called M'Swyne-ne-doe's countrie in Tireconnell,and thereupon to pass unto him and his heirs, by our letters patent, an estate of all the said castles and lands, spiritual and temporal, in our said territory called MacSwyne-ue-doe's countrie, by what names soever they be known : To houlde of us by knight's service, and rendering to us, our heirs and successors, the service and " rising oute" of five horsemen, ten footemen, and fifteen beeves yearly ; with licence of alienation, con- tained in our letters patent, to dispose, in fee-simple or otherwise, of any parcel of this our grant to any of his kinsmen or followers ; which he promiseth to distribute to such as shall best deserve in our service. " Moreover, our pleasure is that Mulmorie shall have a custodiam, under our Council's seal, of all the lands and hereditaments, spiritual and temporal, lying within the countries called M'Swyne-fanet and M'Swyne-banet in Tireconell, to be continued unto him during our pleasure, until we may receive due advertisement of the loyaltie and dutiful service of the pretended inheritors of these countries. Ee- serving also to us, for the parcels to be granted by custodiam, the like rent and " rising" as herein is limitted for the other lands so to be granted in fee-simple. " And whereas Mulmorie hath made humble suit unto us, to hare an entertainment of two hundred men to serve by sea, assuring us he is hable thereby to assist our forces, whensoever they shall be em- ployed in the prosecution of O'Donell, with greater advantage than hitherto they had ; although we think the petitioner worthie, and so wish he may be employed in our service upon the borders of Tire- connell, where, and in such sort as you shall think best to do us ser- vice, yet until we have determined in what sorte to proceed hereafter in the main pointe of our service, we think it sufficient to recom- mend him unto yon, by these letters, to be used as occasion shall be offerSd. And, in the meantime, for his encouragement to continue his loyaltie and service unto us, we are pleased, of our princely bountie, to give to the said Mulmorie a pension of six shillings a day 534 PApNT AND CLOSE BOLLS, |;i699. . ■*' out of pur treasurie there, for his maintenance, until he may be Elizabeth, jjtherwise inkabled and provided for ; and of the same pension We will and require you to tnake unto him a grant, to be passed under our great seal of that our realme for his assurance, to begin from Michaelmas last past before the date hereof.^ — Westminster, Nov. 17, 1599, in the 4181 j'ear of our reign. Postscript. — And for a more testimonie of oiijr firni persuasion of bis readiness and good disposi- tion to shew his lo'yaltie in our service, our wiU and pleasure is,'that you cause him to be presently employed with some charge in Con- naught, of good entertainment, meet for him, and for some readier helpe to his present estate." Membrane 19. Elizabeth R. By the Queen. 56. The Queen to the Archbishop of Dublin, and Sir George Carey, Lords Justices of Irelaiid. — " Tiye greet you well : This gentle- man, Richard Plunquet, of Rathmore, in the couiitie of Miethj esquire, having been here and made knowii his state to lis, and being dther- wise thoroughly informed of his loyaltie, from time to time, shewed by his faithful good service arid continual readiness thereuntb,'bath moved us in our princely consideration thereof, to extend 6ur gra- tious and special favor unto him, for his relief and better ericbnrage- merit; and therefore, as well in regard of his constant loyaltie, as also of his great losses and hinderances — ^whereof we have taken notice — ^partly by serving ' with numbers of horse and foote, sun- dry times, at his own chargesj and sometimes comnianded by ottr governors there, having his companies suddenlie discharged, when he hath had small time of continuance with them, as also by spoils done upon his lands and goods ; we are pleased arid hereby authorize you by our prerogative royal — which we will not' have argued nor called in question — by virtue hereof, without delay, to grarit'unto him and Alexander Pluniet, his son and heir apparent, our special royal protection, by letters patent, urider our great seal of that bur realme, which we will, and our express pleasure is, that the same our protection shall be made unto him and his son of that force, that all suits, seisures, extents, judgriieiiiits, and executions which we are informed are not yet delivered to the parties hands, conce'riiing ^imself and his son, and their and'either of their lands and goods, may be stayed, as well from the i8th of May last as for one whole year next ensuinge the date of our protectibri' ; which ye shall grabt and cause to be passed linto him arid his son under bur "greSkt- seal in such sure manner as may be best devised by bur' leatried counsel, for effectinge this our gracious meaninge unto him and his son'; and ^e, likewise being, as we are infornied, boiind with his father for his debt, and lately imprisoned there for the same, may be, upon receipt hereof, speedily by you released. Wee are also pleased, for his bet- ter enhablement and encouragement to prosecute our service, that he shall hav? a charge testowed upon hihi of onb of" the first com- panies that shall fall yoicle,' Which we authorize arid require ybtf'to IS99-] CHANCERY, IRELAND. 535 see duly performed ; with such further favor and assistance in all his ^^ lawful causes, as ye may well perceive hereby we meane unto him, and Elizabeth, may be for his most comfort; — Manor of Richmond, Dec. 20, 41°." Membrane 20. 57. Commission to Robert, Earl of Essex, Earl Marshal of Eng- land, Lieutenant-Grenefal of Ireland \ feir George Carey, t'reasurer at War ; Sir Robert Gardiner, Chief Justice of the Chief Bench ; Sir Robert Napper, Chief Baron of the Exchequer ; and Sir Anthony Seiitleger, Master of the Rolls, to demise and set, for 2 1 years, or any lesser term, her Majesty's manors, lands, rectories, and fishings in Ireland. — Westminster, March 16, 41°. Membrane 21. 58. Demise whereby Christopher Darcie, of Flatten, in the county of Meath, granted and conveyed to Edmond Darcie the towns and lands of Balreiske, by the Novane and Halton, in the parish of Churchtowne, by Ratayne ; with all messuages, lands, woods, under- woods, fishings, and other hereditaments : To hol4 from the Feast of Philip and James for 48 years ; rent, 2s. — in consideration of Ed- mond having released unto the said Christopher, thirty pecks of port corn, half wheat and half oat malt, awarded by the order passed between the said Edmond and Christopher to the said Edmond for 51 years, which Edmond claimed to have in the mill of Stidalte. " And I, the said Christopher, having occasion to go into England presently, and considering the uncertainty of life, and having a na- tural zeal for the preferment of my children upon the rents and other commodities growing upon my lands, I had a re-estate of the said feoffees unto myne own hands, as by their deed perfected unto me, dated 22nd December, 1575, more plainly doth appear, and being so seized, I did perfect this lease unto myne unkle, the 24th June, 1576, in presence of these whose names are underwritten, in consideration that Edmond did surrender and give up to the said Christopher all such interest and years as he had by the demise of his mother, Dame Jennett Tute, upon Stidalte, Kilbreckston, the Resting Place, and White Leeys, for ever, upon condition that if I lose those parcels, J)argained and sold unto me for life, by force of any better title or right, that then this lease and interest shall cease and be utterly void." — Last of April, 1576. By me, Christopher Darcie. "Wee, the jurie of the countie of Meith, doe fynde this lease as it is at large." Patrick White. Patrick Tanckarde. Meinbrane 22. 59. Licence to Richard Carmarden, his executors, administrators, or assigns, servants, factors, and deputies, being Englishmen, Irish- men, or denizens, yearly to buy and export, for the term of seven 536 PATENT AND CLOSE ROLLS, [1599, 41 years, " 1 200 packs of linnen y arne amounting, to and for each packe Elizabeth, thereof, four hundred pounds weight of the same yarne, after the rate of six score pounds weight to everie hundred pound, and also amounting to and for each half pack thereof, two hundred pound weight of the said yarne, at the rate of six score pounds to every hundred pound weight ; and the same number of 1200 packs of linnen yarne by whole packs, half packs, or otherwise, parcel-raeale, within any of the ports, rivers, creeks, or havens of Ireland, to fraight, em- barque, put aboard, or lade in any ship or ships, craier or craiers, bark, piccard, boat, vessel, or bottom, either of Englishmen or Irish- men, as it shall to hira or them seeme good, in manner following : — in every year the number of 1200 packs at the most, if so manie may be convenientlie bought, provided, or vented ; and if so many may not be had and vented the first year, then to ship soe many more the second yere, as over and above the 1200 packs so to be bought and vented for the second yere, shall suffice to make up tlie number of 1200 packs, and so, from year to year, for seven years; and the said linnen yarne shall be only unladen and discharged in our ports, havens, or creeks of Chester, Liverpoole, and Bristowl. — Westminster, Aug. 21, 41°." Membrane 25. 60. Livery of the possessions of Richard Fay to Meyler, his son and heir. It appearing, by inquisition taken at MuUingar, in the county of Westmeath, the 1 6th of June, in the i8th year of her Majesty's reign, that Geoffry Pay, late of Trumroe, died the 26th November, 1575, seized of a castle called Trumroe, with the lands of Trumroe, Rathyonge, and Lispoboyle, in the county Westmeath, containing by estimation 320 acres arable and pasture, held of the crown, in capite by knight's service ; and that Meyler Pay, son and heir of Richard, son of said Geoffry, is his next heir Dublin, June 14, 41°. MeinJbrane 26. 61. Pardon of Viscount Roche, who had submitted to the Earl of Essex at the late rebellion, on promise of pardon of life and estate ; Theobald, son of the Viscount; Dermot Oge M'Cartie, William Roche, James Roche, Edward Roche, Theobald PitzDavid Roche, Redmond PitzTheobald Roche, David PitzTheobald Roche, James PitzMorish Roche, UUick PitzJames Roche, and others — DiMin, July 24, 41°. Membrane 28. 62. Pardon of Phelim O'Toole, of Powerscourte, in the county of Dublin ; Dermld O'Toole, Edward O'Toole, Tirlagh O'Toole, Eliza- beth ny Hugh O'Brian, James Wesbey, Theobald O'Toole, and others. — Dublin, Sept. 22, 41°. 1599] CHANCERY, IRELAND. 537 Membrane 29. Elizabeth.. 63. Pardon of Edmond, Viscouut Mountgarrett, who had submit- ted to the-Earl of Essex at the late rebellion ; the Lady Grany, wife of the Viscount ; Richard Butler, James Butler, Edward Butler, Thomas Butler, Peirse Butler, Theobald Butler, Gilbert Butler, John Butler, Edmond Butler PitzRichard, Ellen Butler, Edmond Butler FitzJames, Marie Butler, Ellis Butler, Margaret Butler, Anne But- ler, Ivan Butler, John Butler FitzRichard, Sarra ny Maher, Thomas Butler, Ellen Power, Walter Butler FitzThomas, William Butler FitzNicholas, Nicholas FitzWilliam, his son; Richard PitzNicholas, Thomas Purcell, Morish M'Codie, John M'Codie, FitzDavid William Codie, Redmund M'Codie, Richard M'Codie FitzJohn, Patrick Roe Purcell, Garret Grace FitzFowke, Robert Grace FitzEdmond, Fowke Grace FitzRobert, Philip O'Magher, and others. — Dublin, Aug. 15, 41°. Mem^ane 31. 64. Pardonof James PitzPeirsFitzGerald, of Ballysonan; Thomas Lea, Oliver FitzPeirs Fitzgerald, William Smith, of Athie ; Richard PitzOliver FitzGerald, of Tbomastown ; William FitzOliver Fitz- Gerald, William Inace FitzGeralJ, Thomas FitzGerald, Shane Fitz- Gerald, Gerot FitzGerald, Edward FitzGerald, of the Norney ; Gerald Oge FitzGerald, James FitzGerald, Robert FitzGerald, Shane FitzGerald, Morishe FitzGerald, Morish FitzPeirs FitzGerald, Henry FitzPeirs FitzGerald, William FitzPeirs FitzGerald, James Fitz- Gerald, James FitzPeirs FitzGerald, James FitzShane FitzGerald, Redmond FitzGerald, Walter FitzGerald, Morish FitzGerald, of Birton ; Thomas FitzGerald, of Ballinvace ; Thomas FitzNicholas FitzGerald, William PitzNicholas FitzGerald, Walter FitzNicholas FitzGerald, Brian FitzNicholas FitzGerald, Oliver FitzGerald, John FitzGerald, Nicholas PitzOliver FitzGerald, Edmond PitzOliver FitzGerald, James FitzThomas FitzGerald, of the Moed ; Perse FitzGerald, Perse PitzRichard FitzGerald, Richard FitzMurtagh FitzGerald," Gerald PitzWalter FitzGerald, Oliver FitzGerald Pitz- Richard, Thomas FitzGerald FitzJames, Shane FitzGerald, James FitzGerald, of ToUoghogorie ; Morishe FitzGerald, Richard Fite- Gerald, and others. — Dvhlin, Aug. 28, 41°. ^^8 pa:|:e:nt ai^d (]LpsB rolls, j-reoo 42 ElizabetVi. Patent Roll, 42° Elizabeth. — 1600. Membrane i. I. Demise from the Grown to Sir Anthony Saint Leger, of a castle, 120 acres arable and pasture, in Ballyscanlan, in the county of Louth ; a parcel of land, in Krivathe, containing 50 acres arable and 10 acres underwood ; 60 acres arable, in Rallinkeran ; 60 acres in Ballinconnell, 60 acres arable, in Eillan ; the rectory or church of Ballyscanlan, with all tithes, alterages, and commodities, thereunto belonging, which had been previously granted to Sir Edward Moore. The site, circuit, and precinct, of the late abbey or religious house of Traghton, alias Tracton, alias Albo Tracfcu, with the appurten- ances, in the county of Cork ; three gardens containing, by estima- tion, two acres of small measure ; 100 acres of land, and 60 acres pasture, parcel of the demesne of the monastery ; 720 acres arable, in the town and lands of Traghton, alias Tracton, alias Albo Tractu ; 200 acres arable, 100 acres pasture, in Ballenemannagh ; 400 acres arable, in Ballespellan ; and all islands, meadows^ liioors, pastures, waters, weirs, fishings, ponds, and other commodities, to the Abbey belonging • the rectories or parsonages of Traghton, alias Tracton, alias Albo "iPractii, Ballienhill, Balliefeard, Clonard, Ballywodane, Killmorie, and Ballisewan, with all chapels, messuages, lands, and tenements, as well spiritual as temporal, tithes, oblations, obteh- tions, and emoluments, to the rectories belonging; all which had been previously granted to Henry Guilford. A house or tenement in the parish of Saint Nicholas, in the city of Dublin, parcel of the possessions of the late dissolved house of Saint Thomas the Martyr, by Dublin, formerly demised to Jasper Horsey. ^he site, circuit, ambit, and precinct, of the late hospital of Saint John, of the Newton, by Trim, in the county of Meath, with all haggards, orchards, gardens, and buildings, within the site j four messages, three gardens, a park, a close, one acre of furze, 20 acres arable, on the south of the Boyne; 60 acres arable, and 12 acres pasture, on the north of the same river, in the town and lands of the Newton and the Rath, parcel of the demesne of the hospital; a messuage, 48 acres arable, t*o acres' meadow', aind two acres jpastlire, in the lands of Saint John, formerly demised to Sir John Plunket. The messuages, lands, tithes, alterages, oblations, churches, or chapels, in Grangeclare, Donard, Kilbell, Crichelpe, and Walsheston, in the diocese of Kildare and Dublin ; Clougher, in the diocese of Cashel ; Cordeagen, Ballinecale, alias Ballilackan, and Kilshane, in the diocese of Emely ; Arbister, alias Ardristell, Ruskagh, Temple- mory, and Rathowth, in the diocese of Laughline, formerly demised to Sir Edward Moore, by letters patent, dated 28th December, in the 22nd year of her Majesty's reign. i6oo.] CHANCERY, IRELAND. 539 A messuage and an acre arable, in Oolman, in the county of 4» Tipperary, and one acre in BaJlinra ; formierly demised to Jlicfiard Elizabeth. Nettervilie. ' ' ^ Four acres arable, in Drisshooke, in the county of Dublin, formerly demised to the Earl of Ormondj the town and laiids of Ballinlowre, in the county of Dublin ; 60 acres arable, a lake, iough, or parcel of land, called the lough of Ballinlowre, in the county of Dublin. The site of the late monastery or abbey of Moylagh, alias Molongh, in the county of Tipperary ; one garden, 40 acres arable, small measure, in .Moylagh, parcel of the demesne of the said monastery ; the customs of the tenants of the village, the water and fishing, and the tithe of corn of the rectory or parsonage of Moylagh, a messuage in Oloneniesse, in the county of Tipperary, formerly 'demised to Sir Henry Badcliff, late Earl of Sussex, by patent dated 20th September, in the 19th year of her Majesty's reign. A capital- messuage, mansion, or manor house, 60 acres arable, pasture, and mountain, patcel of the demesne of the manor of Ray- noldston, in the county of Dublin, in the village of Reynoldston, and the fields of the same ; 30 acres arable, in Hafferton, alias Haf- ferdston, alias Herton ; and a messuage, go acres arable, mountaili, and heath, in Heathon, in the county of Dublin ; To hold for 40 years. — DMin, July 10, 42°. Membrane 8. Plizabeth R. 2. The Queen to Lord Mountjoy, Lord Deputy. " Right trusty, we greet you well; our province of Munster being without a principal" officer to govern it, ever since the death of Thomas Norreis, late President, and the tumultuous state of that province requiring the governnlent of a person of judgment and experience we have made choice of our servant, George Carew, Lieutenant of our Ordnance here, to commit to him the charge of that part of our realm, as one whom we know, besides his faithful and diligent endeavours in former services, to be well acquainted with the state of that realm, where he is a Councillor, and with the condition and nature of t;hat province; wherefore we require you immediately, upon the taking of our sword, and the chief charge of that realm, as our Deputy, according to our eOmmission granted to you, to cause a commission to be made out, under our Great Seal, to the said George Cfarew, of the office and charge of President of our province of Munster, in such manner and form as John and Thomas Norreis or any other President of that province used to liave, or with sucli other clauses as youshall think thatthepresentstate'of pur affairstheredqth require; givinghim thereby power to rule andgoVern our people in that province, with the advice of our Council, according to sucjti instruc- 540 PATENT AND CLOSE BOLLS, [1600. ■** tions and directions as have been given by us, or our Council here, or Elizabeth, our Depiitie of that realm, or that shall hereafter be directed to him for the government of that province ; his power to continue durinj; our pleasure; and our further ■will and pleasure is that he shall receive, towards his charges, all such allowances, fees, profits, and entertainment, of horse and foot, as Thomas Norris, our late Presi- dent, at the time of his death, had; the same to begin from the day of the date hereof, and to continue during our pleasure." — Jan. 27, 42°. Elizabeth E. 3. The Queen to the Lord Deputy and the Lord Chancellor. "We greet you well: whereas Robert Fox, chief of his name, hath been an humble suitor unto us, that we would be pleased to accept of his surrender of the baronie of Killcoursey, otherwise called Munter- Kegan, in the King's countie ; and of all the castles, manors, lands, and tenements, in the same baronie, together with the office of seneschal, which he holdeth by our letters patent, for life, and some pension for liis better maintenance and inhablement to prosecute our service, and to regrant the barony, castles, and lands unto him, his kinsmen and the heirs male of each of theire bodyes, severally begotten ; we are pleased, in consideration of the dutifull carriage of himself during these troubles, and of his good service don unto us in the low countries, France and there, whereof we have received testimony from you, our late justices, to grant this his request; and we doe therefore authorize you to accept of his surrender of the barony of Killcoursey, and of all the castles, manors, customs, rents, and services, in the said barony, by whatsoever names they are known, and to re-grant the same, by letters patent, under the Great Seal, unto the said Robert Fox, and the heirs male of his body; remainder, for want of such heirs, to Bressell Pox, Owen Fox, Phelim Pox, and Bressell Fox, of Kyllmaledy, whose, father died lately in our service, and to the heirs male, successively, of each of their bodies lawfully begotten ; to be holden of us, our heirs and succes- sors, by knight's service, and the auncient service of foure footmen at every general hostinge yearly ; and also the office of Seneschal, by letters patent to him during his life, with our license of aliena- tion for disposing of part of the same lands amongst his kins- men and followers ; and we do also further authorize and require you, for his better maintenance and inhablement to prosecute our service, to grant unto him, out of such of our treasure as shall be sent thither, a pension of five shillings, sterling, by the day, during his life. "And we require you to countenance and assist him against all such persons as have or shall offer wrongfullie to dispossess him of any lands within the barony, and in all other his lawful causes, wherein he shall require your assistance and favour." — Richmond, Jan. 29, 42°. i6oo.] CHANCBEY, IBELAND. 541 Elizabeth R, 4* 4. The Queen to Lord Mountjoy, Lord Deputy. Wee greete you "^ ^ well : forasmuch as the office of Marshall of that our realme, hath novr been a good time void by reason of the decease of our late servant, Sir Richard Bingham, who had the same, wee let you know that we have made special choice of our trustie and well beloved, Richard Wingfield, knight, to supply and execute that place ; and do therefore will and command you, immediately upon his arrival there, to cause to be passed unto him, under the Great Seal of Ireland, our grant of the same office of Marshall of our said realm, and of our armie and forces in the same, with all the authori- ties, privileges, fees, profits, preheminences and allowances hereto- fore, by our letters patent, assigned to Bagnall, our late Marshall there ; To be holden and enjoyed by the said Richard Wingefield, during our pleasure ; and for the number of horsemen allowed him as Marshall, we are pleased that he shall have sterlinge paye, as hath been allowed to our late Marshall there. " And as Bingham, in respect he was au ancient suitor, and for other good considerations, had some greater iiomber of horsemen assigned him than the ordinarie nomber allowed to the Marshall, oui- pleasure is that Wingfield shall have, for the execution of his office of Marshall, during this troublesome time, the nomber of fiftie horse, to be taken out of the nomber allowed by our establishment of our army there, and at such rate of wages as you shall appointe, out of the three rates in your establishment contained. We do also think meet, and so we are pleased, that for his better maintenance, you do assign him a company of foote out of the nomber allowed to our armie there ; and that he have allowance and wages for his nomber of horse, from the dale that the same horsemen shall be mustered. " And our further pleasure is that Wingfield be admitted to be one of our Council there, as other our Marshalls before him have been ; and immediatelie upon your receivinge the sword, you give unto him the oath accustomed ; his fee of Marshall to be^in from the first of January, and so to continue during our pleasure." January 27, 42°. Elizabeth R. 5. The Queen to the Lord Deputy and the Lord Chancellor. " Right trustie and well beloved, we greet you well : letting yoii witt that for certain good considerations us speciallie moving we are determined to lett to farm, for certain yeares, to our trusty and well beloved servant, Henry Brunckard, knight, the customs and subsidies of wines that shall be hereafter yearlie brouleaBed to cotidescen4,to his humble suit therein j wherefore we will and!i,c6m- mand you to pass our ^rant, in fee-simple, to the Earle arid his heirs; of the reversion and remainder of the manor and lauds of Ard- i6oo.j ClilNciMt, IRELAND. 543 molchan and Harriston-barreti and qther parcels contained in our 4» former letters patent of entail, granted to tLe Erie ; and also to make ^uzabeth. a like grant or release, in fee-sinjple, to the Erie and his heirs, of the annual rent and service reserved in our former letters patent, not exceeding £41 a year, and to cause the same grant to be made, under our Gre^t Seal, of the reversion, rent, and service, to the Earle and his heirs, in such due form of law as may be most avail- able and beneficial for him and his heirs j reserving to us a knight's service tenure in chiefe for the premises, and our prerogative. — Richmond, last 0/ March, 1600, 43°. 7. Memorandum of John Peverox, on the seventh of July, in the year aforesaid, having come into Chancery and producing the following deed — ;very legible and without erasure — prayed that it might be enrolled, at whose request it is enrolled as follows : — ■ Conveyance whereby Francis Canton, Chaplain of the Chan- cellor of the Cathedral of Saint Patrick of Wexford ; and Nicholas Hay, Proctors oif the Chantry, with the consent of John Heztherne, Vicar of the Church, and of the parishioners, granted and conveyed to James Deveros, of Wexford, merchant, a moiety of a burgage, with its appurtenances, in the parish of the Apostles Peter and Paul, of Selskyr, in the town of Wexford, lying between the burgage of Kichard PurseU, on the south, and the burgage of Robert Browne, on the north ; which said burgage, one Richard Remon, formerly of the town, held in farm, by -deed indented, from John Furlong and Robert Roth, for the Proctors of the chantry, for 61 years ; To hold for ever of the chief lord of the fee by the service thereout due and of right accustomed. — Rent 3«. 2d. — May 6, 35°, Henry VIII. Intent of the preceding conveyance, namely, " for a certain sum of money which James JDeveros hath given to the Proctors of the Chantry of Saint Patrick's Church of Wexford, to acquite a chaleyse of the church which was at that time in pledge for the said sum of money, as well as in consideration that James, his heirs and assigns, shall, with their power, ayde, supporte, and, maant?,in, the said Cha,ijtrie apd the Proctors for the time being, and at all times, like a parishioner." Membrane 10. 8., The Lords pf .the Council in England to the Lord , Mountjoy Lpr4 Deputy, and the rep^^of the Council of Ir^landp. "After our rig^te! comendations tp yojur, good Lordship and the rest: wesendyour Lordshipp a petition jjhat l)3.th been preferred to her Majesty by AUision Daltpn, widow, consisting of divers reqijests ; the igrst pf themiis, where she. hpldeth the castle of Knockmoan, near to Water- fpi;d, b^ing, as sjie.in^prmeth us,.a place of good strength and dqfence, her humbip suit is to have pertain , warders thex^, at her Majesty's cjiajFge, as ,spn|e,pf be^ neig^ibQuj;s have, being as, sh^ allegeth, pet able tp defend the same ptherwise any Ipnger titne; herein her 544 PATENT AND CLOSE KOLLS, [1600. 41 Majesty is pleased your Lordship shall have consideration of the Elizabeth, strength and use of the place, and if you shall find it requisite to be kept by a ward, that you take order to place so manie warders there, as may be a sufficient strength for the guard thereof, so as the number of the liste of the establishment, to the increase of her Majesty's charge, be not augmented. "The second request is concerning the respiting the rent of the parsonage of Dongarvan, being £30 per annum, which, as she allegeth, hath been duly paid until Easter last, the lands and fruits appertaining to the same, being so wasted, that she re- ceiveth little benefit for the same, and that no advantage in that regard be taken of the forfeiture of the lease ; this her demand we do thus far forth recommend unto your Lordship, the state of that countrie being better known unto you, that you may be duly informed of the truth of hcrallegations ; and finding the lands to be subject to spoile, to take order the payment of the rent may be respitted hereafter, for so long time as you shall see cause, and that no advan- tage be taken thereby to make her forfeit her estate. " The last demanJe, concerning the forfeiture of a bande of Garret FitzJames, seemeth not to be made in so seasonable a time to be granted, as hereafter may be done, when it shall please God, those rebellious people may be subdued, and the country reduced to for- mer obedience; and therefore, until such time, we have advised her to forbeare that demande ; in this suit we commend to your Lord- ship her requests, as we have thought meet consideration should be bad of them, and so we bid your Lordship and tlie rest right hear- tily farewell. — from the Court at Greenwich, the last of May, 1600. " Your good Lordship's very loving friends, " Thos. Egerton. W. KnoUys. Jo. Portescue. Tho. Buckhurste. Robt. CeciU. Jo. Popham. Nottingham, " To our very good Lord, the Lord Deputy and the Council." Elizabeth R. 9. The Queen to the Lord Deputy and the Lord Chancellor. "Right trusty and well-beloved, we greete you well : whereas our servant. Sir Geoflfry Fenton, hath attended here, by our direction, for the affairs of that kingdom, and hath fully discharged himself therein, according to the trust reposed in him, and to our good liking: we have now thought good to return him to his charge there, knowing that by his long experience he is able to give you good assistance ; and for that we have had good trial of his fidelity and sufficiency during his abode in that kingdom,for the spaceof about two-and-twentie yeares past, wherein we have received good testi- mony of his care and travell, by which he is grown sickly ; we are_ pleased, for these respects, and for his better encouragement here- after, in his old yeares, to continew in that good course, to bestow i6oo.J CHANCERY, IRELAND. 545 4a upon him the manor, preceptory, or lordship of Clontarffe, alia Clantarfe, in our county" of Dublin, with all the tithes, and alterages Ehzabeth. thereof, to him and his heirs for ever, in fee-simple, the same being £20 sterling per annum, and so demised by lease to one King for a great number of yeres yet to come ; and therefore, we require and authorize you, upon his return, to pass unto him, under our Great Seale, a grant of the manor, preceptory, or lordship, with all the tithes, alterages, customs, and emoluments; and we require that no stop or exception be made by any mistaking or misconstruing of this oiir warrant, for it is our princely meaning towards him, and our resolute commandment to you." — Greenwich, July 24, 42°. Membrane 11. Elizabeth R. 10. The Queen to the Lord Deputy. " Right trustie and well- beloved, we greete you well, and let you know that heretofore, of our princely bounty, and iu consideration of special service done unto us by our faithful and loving subject, John PitzEdmond, of Clone, in our county of Cork, having given unto him a pension of a hundred marks sterling, or thereabouts by the year, since which time he hath diversely expressed his loyaltie and dutye to us ; such is our benigne and gracious acceptation of his fidelity and endea- vours, that we are pleased, in regard of the opinion which we conceive, that his son, Edmond PitzGerald, will tread in his father's steps, to grant unto him, in reversion, the same yearly pension which for- merly we granted to his father, not exceeding one hundred marks sterling by the year ; and therefore do hereby will and require you, that you cause our grant of that annual rent to be passed to the said Edmond, according to our pleasure herein expressed, to con- tinue for his life. " And whereas the said FitzEdmond is an humble suitor unto us, to surrender all his lands into our hands, and to accept the same of us, by our princely grant, to hold by soccage tenure j forasmuch as we understand he is a man of great possessions, and that some complaints have been made against him to our Council for detaining some men's lands, especially by one Poor and others, which we do not believe, yet in our course of justice we may not countenance by our grant any one subject against another, till his right be ap- proved by some due trial ; therefore we will and require you, to cause our commission to be directed to our President, and other meet per- sons in Munster, to survey and enquire, by all good means, the quan- tity and names of the said EitzEdmond's lawful inheritance, and to certify us what the Commissioners shall find therein, to the intent our grant may be passed to him accordingly in certaintie. — Otelands, last of August, 42°. " To our right trusty and well-beloved the Lord Mountjoy, Deputy of our realm of Ireland." TOL. II. 2 N 546 PATENT AND CLOSE ROLLS, [1699, EUzabeth. Elizabeth R. By the Queen. ri. The Queen to the Lord Deputy, "We hare perceired by a letter from you and the Council, how far you have proceeded in the employment of Connor Roe M'Ghvire, in Fermanagh, for the ad- vancement of our service, and finde great occasion to allow of the same, because it appeareth unto us, that you have so carried the matter that he and his son are deeply engaged against the rebells, by executing of divers services of very great consequence ; and, therefore, as you are now desirous to have suflBcient authority from ns, to pass unto him a grant of that countrie, to which he hath long made title, and wherein the governors of that kingdom, in former times, have held him the fittest man to be placed; we have now, upon your motion and opinion, resolved to send you a warrant, and so we do by these presents, give it you to make a grant unto him, and his heirs male, of the countrie of Fermanagh, to be holden of us upon such conditions as shall appear to you, and the Council, to be most advantageous for our service ; wherein, as we would not have you think that in a case of this nature, we would be so slowe to reward those who deserve well of us, as for a little extraordinary profit to impose upon them unreasonable rent or conditions; yet as well for example sake, as for prevention of like rebellion hereafter, we do think meet to remember both you and the council to reserve such composition as his lands may reasonably beare. "Next we wish you, by example of that notorious inconvenience, which appeareth in the case of the arch traitor, who usurpeth over the greater lords of countries, as M'Gwyre, O'Rorke, and others, to be careful, by all good means, to prevent the like in dealing with those and such like, for the moderating of their absolute super^oritie over all those who dwell in their countries, pver whom they pi^ke them- selves so powerful, or rather tyrannous, as, even in question of their loyaltie to their sovereign, they foUowe meerlie those rule^ which they do impose upon them ; in which consideration, we thought fit to remember you of this one condition, that as far as it may be con- veniently procured by you, some principal gentlemen in the countries of such petty lord, under whom they dwell, may be reserved to hold immediately of us ; whereby their subjection shall not be so great, nor those usurpers so able to drawe them into disloyaltie against uq. "We further wish that you do bethinke yon in this and other cases, to reserve unto us sqch places in such men's countries as you shalj think fit, to be made garrisons either now or hereafter. " Thus have we now remembered only some such things as we would have provided for, as far as you shaJl be able conveniently to perform, for the good of our service, forbearing to trouble ourselves with further directions; considering that you an4 the council are best able to judge of all particulars. And for answer to the like proposition of yours concerning Feriall O'MelaugMyn, we do in liJ^e gorte give you authority to use your discretion in passing the grant i6oo.] OHANCBRT, IBELAND. 54* of his country, upon such conditions as you shall find fitted for us. 4* —Palace of Westminster, last of December, 42° Elizabeth. Elizabeth. "To our right trustie and well beloved the Lord Mountjoy, Lord Deputy." ' Elizabeth E. By the Queen. 12. The Queen to the Lord Deputy and the Lord Chancellor. " Eight trustie and well beloved, we greet you well ; being given to understand that the bishqpriok of Eearnes and Laughlin, in that realm^, have lately become void ; forasniuch as you our Deputy have made so good reporte of Nicholas Stafford, Chancellor of_ ; Pearnes, whom you recommend to be preferred thereunto, in regard'^ ' of his learninge, integrity, and sufficiency, to. supply those places, and for that it is also advertised that he is verie well acquainted with the condition and disposition of that people, whereby he is like to dpe the more good amongst them in his function ; we "are therefore well pleased to bestow the bishoprick upon him, and do hereby will and authorize yqu to cause such letters and warrants to be made, in our name, on his behalf, as are requisite, and in such cjises usual, for his eleption and admission; and also to give order to our Chancellor there, to cause such further direction, by letters or other means to be addressed forth, as may serve for his consecration and restitution of the temporalities, to all the profits and commodi- ties thereunto belonging, according to our gracious meaning. "And, as in thiese troublesome tymes the benefit of those places are not like to prove sufficient for his maiutenance without some other helpe, we are likewise pleased he ^hall still retayne, by way of'commendam, such other small livings as he here enjoyeth, the better to enable him to perfonn the duties of his calling." — West- ntin^er Jan. 16, 42°. Membrane 12. 13. Pardon of Phelim O'Toole, of Castlekevin, in the county of Dublin; Donogh O'Toole, Alexander O'Toole, Hugh O'Toole, Edmond Harrold, Eobert Harrold, and others. — JJublin, May 29, 42°. 14. Pardon of Eobert Walsh, of Castlehoell, in the county of Kilkenny ; John Tobin Mtz Walter, William Walshe, Garret Fitz- Nicholas, ELchard Butler, of Glashare ; Patrick Jgrstall FitzJames, Eobert Conjerford FitzJohn, Walter GaU FitzPiers, of Gallstown. — , p'^iblin, Sept. 22, 42°. Membrane T3. 15. Pardon of Thomas Joanes, |'ra,ncis Browfle, and Giles ny Canne, alias Locket. — Dublin, March 10, 42".' ' ' " ' - '» VOL. u. 2 s 2 548 PATENT AND CLOSE ROLLS, [1600. 4» 16. Pardon of James Butler, Lord Baron of Dunboyne ; John Elizabeth. Butler, bis son ; Sir Walter Butler, of Kilcaish ; Thomas, his son ; Sir James Butler, of Lismallin ; Peirse Butler, Sir Richard Shee, Sir Luke Shee, Peirse Butler, of Dowske ; Thomas Butler, Richard Butler, Robert Rowth, of Kilkenny ; Henry Shee, of Kilkenny ; Robert, his son ; Thomas Cantwell, of Cantwell's court ; John Cant- well FitzThomas, of the same place ; Nicholas Sbortall, of Higgins- town; and others. — Dublin, Sept. 22, 42°. Membrane 14. 17. Pardon of Maurice FitzThomas FitzGerald, of Bealaugh, and others. — Dublin, April 6, 42°. Membrane 15. 18. Pardon of William Darcie, of Flatten. — DuhUn, May 9, 42°. Membrane 16. 79. Pardon of William Welche, of Dublin; John Brimigham, of Ragheu, in the county of Kildare ; and Shane O'Rian, of Ballehe- nain, in the same county. Mem^ane 17. Elizabeth Regina. 20. The, Queen to the Lord Deputy. " Right trustie and well beloved, we greete you well ; in regards of the long service done unto us in our realme of Irelande, by Francis Stafford, and of the good proofs he hath yielded of his valour and sufiSciency, in things concerning our service, we have thought him fitt to be admitted into our Council; wherefore we require you immediately, upon your receiving our sword as Deputie, to receive him into our Council, and give him the oathe of a Councillor accustomed ;. to heare him in matters of that realme, wherein his experience may further greatly our service, and to grace him from time to time with any thing that may testify to others how much wee esteem the paynes and endeavours of our good servant. — Manor of Rich- mond, the 'ioth July, 42°. " Post Script : As Stafford hath heretofore had a company of two hundred men, whereof he was abridged, and the same reduced to one hundred, without cause known to us, we are pleased that he be restored to his company of two hundre^and that the same hundred which was taken from him, be delivered to him again. " To our right trustie and well beloved, the Lord MouDtjoy, our Deputy of our realm of Ireland." i6oo.J CHANCBEY, IRELAND. 549 21. Earl Pitz William to the Archbishop of Dublin and the ^u^abeth. Council of Ireland: "We have received letters from the right honourable the Lords of her Majesty's Privy Council, the tenor ■whereof ensueth: " ' After our hartie commendations unto your Lordshippe and the rest : whereas Henry Birde, that hath served there as deputy to his brother, John Birde, as Register for the Ecclesiastical Commis- sion, hath made humble suit unto us, to be relieved and acquitted of a sentence given in the Castle Chamber there against him, where he was condemned upon the bare oath of Sir Denis O'Roghan, a . priest, to have counterfeyted the hande of Sir John Perrot, the Lord Deputy — the priest being then a condemned person — and informs us that there was an extraordinary course of proceeding held against him ; the sentence being given the day after the tearme, being a day onlie appointed for orders, where not onlie Sir John Perrot was present in person, but others of the Irish nobility called thither on purpose, that were not acquainted with the former proceeding in that cause ; and nevertheless the Lord Chancellor and others of the Council did dissent, and take exception to the sentence, and divers of the rest gave not their judgments but their censures only, what punishment was fit, and that conditionally, if the accusation and deposition were true, as alleged ; and, also, that day he was barred to have his learned counsel. " ' Considering this course of proceeding, if it be true, as we are informed, and that the said Sir Denis hath sithence that tyme, and doth now, retract his former accusation of Birde to have coun- terfeited the hand of Sir John to those warrants, and doth cleer him altogether of that crime ; we are not only induced verily to believe that Bird was innocent of the fact and forgerie for which he was condemned, but are moved to pray your Lordship and the rest — the credit of the young man being so greatlie and unjustlie ble- mished to his perpetual defamation — that you will cause this matter to be considered of againe by the Court, seeing his onlie accuser doth acquit and discharge him of the forgerie, wherewith he hath charged him, and that the course of proceeding (if it were such as we are informed) was not orderlie and authentical as it ought to have bin, but that you will consider of some course, how that sentence, upon better information and more due consideration of the cause, may be repealed and reversed, and the innocency of the young man pronounced, for the reparation of his fame and good name, being a matter both of equity and conscience. " ' Moreover John Birde, brother to this suppliant, being Register of the Ecclesiastical Commission, and Receiver and Collector of the fines accruing by that commission, his offices were taken from him by Sir John Perrott, who made sale of those offices, as we are informed, to persons les^fit to execute the same, on whose behalf letters have been written also by us heretofore, for his enjoying of the offices ; we are to pray your Lordship and the rest of the Council, because the bestowing of those rooms and places both properly belongs to the Lord Ohanoellor, as chief of the Ecolesias- 55° PATENT AND CLOSE ROLLS, [1600. 4^ tical Commission, and for that the fact of one brothfer, though he Elizabeth, had been faultie, ought not to prejudice the other, that the Said John Byrde may be restored to his former offices, with the fees ap- pertaining to the same, in such sorte as before time he did enjoy .the same, notwithstanding any grant made sithence of the saine, and Henry Birde permitted to exercise the said offices as deputie to his brother ; soe praying your Lordship and the rest, that you will take order in this cause, according to this our direction, we bid you hartily farewell. — From the Gourl at Oatlands this I'jfh of August, 1590. Tour Lordships' very loving friends, signed, the Archbishop of Canterbury, the Lord Chancellor, the Lord Treasurer, the Lord Admiral, the Lord Chamberlain, the Lord Cobham, the Lord Buckhiirste, Master Secretary Wolley, Master Pentoune, Master Wade, Clerk of the Council.' And for accomplishment of their Lord- ships' pleasure, signified by their letters, the said Henry Birde hath, in -the beginning of this term, preferred his humble petition in writing in this most honorable Court, and with all, hath produced before us the retractation of the said Sir Dennys, under his own hand, who was the only accuser and witness against him, the tenor whereof is as follows : — ' To all Christiaif people : know ye that I, Sir Dennys O'Roghan, priest, now prisoner in the Gate-house of Westminster, in London^ -having in the government of Sir John Perrot, late Lord Deputy of Ireland, unjustly accused one Henry Birde, of Dublin, Deputy Register of the High Commissions, of having counterfeited or forged the handwriting of Sir John Perrott, unto three several warrants, for which, upon my only accusation, he was wrongfullie condemned, to his great defamation and hinderance ; which manifest wrongs, by me done him, bring often pricks to my guilty conscience, and hartily repenting me of the same, in parte satisfaction for the said wrongs and hurts hereby done to the young man, and for the better restituti6n of his former credit by me blemished, I have and do not only most humblie, upon my knees, of my barte and bodie, aske forgiveness of the said Henry Birde, before God and the worlde, but also in sign of my repentance and sorrow, I do hereby volun- tarily acknowledge, to the general notice of all men, that I have falselie accused the said Birde, and that he neither forged the hand of Sir John Perrot, as was unjustly charged, or was he privy or accessory to the same. In witnes that this is a true confession, I have written the same with mine own hande, and thereto have sub- scribed my name, the 20th August, 1590, in the 32nd year of her Majesty's reign — by me — Denys O'Roghan.' " Whereupon we have entered into the examination of the said sentence in the book mentioned, and perusing the proceedings therein, do fynde it was given the 23rd June, 1586, being the day after Trinity term, and that the said Sir Dennys, then a condemned man, was the only witness that testified to the supposed forgery, to have been committed by Birde; and having had divers conferences in this case, we are now persuaded to think, by reason of the priest's retractatiton and otherwise, that Bitd is altogether innocent ■ of the forgery, according ias the Lords ®f thie Pri*y Council in idoo.] CHANCERY, IRELAND. 551 England have declared their opinions in their letters. And, there- 4» fore, we do now pronounce and publish that, in our opinions, Henry ElizabelH. Birde was falselie and unjustlie accused of the forgerie, and that he is altogether innocent and guiltless thereof ; and we order that the sentence shall not be put in further execution, but that he shall be set free from all punishment inflicted against him, and that the sentence shall not be prejudicial or of any effect in law, or other- wise, to blemish his good name, or disable him in any court or cause whatsoever, but that he shall be ever hereafter reputed and esteemed of honest demeanour, and as a faithful and true subject to her Majesty; the supposed forgery in the sentence notwithstanding. Given at her Majesty's Court of Castle Chamber, the 6th daie of November, one thousand five hundred and ninety." Ad. Dublin, Cane. Jo., Armachan. Tho., Midensis. Robert Dillon. Lucas Dillon. George Carewe. Nicholas Walshe. Ed. Waterhouse. E. Bourchier. Membrane 18. Elizabeth R. 22. The Queen to the Lord Mountjoy and the Lord Archbishop. " Right trustie and well beloved, we greete you well ; letting you witt that sithence the untimely death of Richard Lord Burgh, lately slaine, his brother Theobald has repaired to our Courte and become an humble suitor unto us, to receive our gracious allowance and favor to enjoy as well the title of honor, as the inheritance belonging to his brother, pretending himself to be next heire male to Sir William Burgh, his grandfather, whom we of our princelie favor, by letters patent, created Baron Burgh, of Connal, to be en- joyed to him and his heirs male. " And further he informs us that Edmond Burgh, pretended sou of Thomas Burgh, elder brother of the said Theobald, is an infant not yet six months old, that his mother is the daughter and adherent to O'Mulrian, a notorious traytor to us and our crowne, and that the infant is a bastarde not inheritable to the barony and lands • albeit in the supposition of bastardie or illegittimation of the infant' we may not in honor give any further credit, but as to an informal tion ; nevertheless, in respect of the good commendation which you have given him, by your letters, and of the faithful service we expect from Theobald, being son and brother of those who have lost their lives in our service ; and because we understand that it is desired of our loving subjects, in the barony of Clanwilliam, in our countie of Limerick, where the chief seat and livinge of the barony is, to give superiority to Theobald, as well for the furtherance of our service, as for their own better defence, in these tumultuous times ; therefore we are pleased, of our princelie favour, to allow the said Theobald the stile, place, and dignity, of Lord Baron Burwh, of Connell, alias Castle Connell, till we shall signifie our pleasure' to the contrarie, or that his title therein be disproved, either by course 552 PATENT AND CLOSE EOLLS, [1600. 4* of our law, or before our Council in England or Ireland ; 'willing and Elizabeth, requiring you to see our pleasure herein effected unto him, and to continue his possession in all the lands and seignories of Eiohard, late Lord Burgh, whose heir he pretended to be. " Moreover, for our better understanding the truth of the title, we require that, at some convenient time, you give order that an inquisition be taken by oath of jurors, before discreet and indifferent commissioners, and by the privity of the parties interested, to try and find out who is next heir to Eichard, late Lord Burgh, and by what tenure he held his inheritance ; and if upon the examination thereof, any title of wardship appeare to belong to us, by the legitimation and minority of the infant, then our pleasure is that he, being so found heir to a baron, the wardship of his body, which now is in the custody of that rebel), O'Mulrian, be reserved to our use, until we shall give express direction for disposition of the same ; and for the wardship of the lands and rights which shall be found to have descended to the infant, we are well pleased, and so will you to cause our grant thereof to be made to the said Theobald, during the minority of the infant, with such favourable moderation of our fine and annual rent, to be reserved unto us, as that thereby Theobald may be encouraged and better enabled to serve us in those parts, as we have just cause to expect, and our subjects in Clanwilliam do especiallie desire. "And forasmuch as we are pleased further to enable this gentle- man to do us service, we are pleased and hereby command you to passe him a grant of an hundred pounds a year, during his life, to be paid out of our treasure in Ireland. — Richmond, April 7, 42°. " To our right trustie and well beloved the Lord Mountjoy, Lord Deputy, and to the Most Rev. the Archbishop of Dublin." Membrane 19. 23. The Lord Lieutenant and Governor-General of Ireland, and Council, to the Vice-Treasurer and Treasurer at War. Essex. " Master Treasurer ; whereas the late Lord Justice and Council did grant to the Fellows and Societie of Trinitie CoUedge, nere Dublin, for their necessary stay and maintenance, both in regarde their revenews were utterlie decayed, in these times of rebellion, and also that the same was of her Majesty's princelie foundation, having no other means of releafe, a concordatum of forty pounds sterling per annum, ami also the allowance of six dead pays out of such checques as should be imposed upon her Majesty's army, which concordatum and pays we are pleased should be continued unto them, for the former respects, to such tyme as our pleasure be sig- nified to the contrarie ; these are therefore to will and require you . to pay to the ij'ellowes, one half yere's payment of the concordatum i6oo.J CHANCERY, IRELAND. 553 due to them the last of March, amounting to £20 sterling, and also ■*! one. month's allowance due the last of April, amounting to £5 12s. Elizabeth, sterling, and so from time to time, to continue the payment of the concordatum quarterlie, and the allowance monthly, as they shall grow due ; and for your doings herein, this our warrant, together with the Fellow's acquittance, confessing the receipt thereof, shall be your sufficient discharge. — Castle of Dublin, May 3, 1599. " Signed, " Ad. Dublin. Anth Sentleger. Ro. Gardiner. Geff. Fenton. " To our right trusty and well beloved, Sir George Carey, knight, Vice-Treasurer and Treasurer at War." Ad. Dublin. George Carey. By the Lords Justices and Council. 24. The Lord Archbishop of Dublin, and Sir George Carey, Lords Justices, to the Treasurer at War. " Master Treasurer : forasmuch as, by several Lords Deputie, Lords Justice, and the late Lord Lieutenant, there hath been granted unto the Provoste or some of the FeUowes of Trinitie College, near Dublin, a concordatum of fortie pounds sterling, yearly, for keeping a publicque and stand- ing lecture unto the state, and by the death of Mathias Holmes, late Fellowe of the Colledge, the same place is fallen voide ; we have thought good, and so do conclude and agree by these our letters of concordatum, that the Colledge shall have, as of her Majesty's most gracious bountie, for the better maintenance of their Provosts, and to the use before mentioned, the sum of £40 sterling, yearlie, to be paid unto them, out of such fines, imposte of wynes, and other casualties, as shall come to your hands, beginning from the day of the arrival of the Provost ; and so to continue, and be paid unto them quarterly, by equal portions until we shall give direction to the contrary, and for you so doing, these our letters, together with the acquittance of the Provost, or any two of the FeUowes, confessing the receipt thereof, shall be your sufficient warrant, and to be allowed unto you by the Commissioners of your accounte. — Castle of Dublin, Jan. 29, 1599. " Tho. Midens. Anth. Sentleger. Ro. Gardiner. Geoffry Fenton. " To our right trustie and well beloved Sir George Carey, knight, Vice-Treasurer and Treasurer at War, in Ireland." Ad. Dublin. George Carey. By the Lords Justices and Council. 25. The Lord Archbishop of Dublin, and Sir George Carey, Lords Justices, to the Treasurer at War. " Master Treasurer : whereas, by special order of the Right Honourable the Earl of Essex, Lord Lieutenant of this realme, there is given and bestowed, for the en- tertainment a.nd maintenance of a Canonere, eight pence sterling, SS4 PATENT AND CLOSE ROLLS, [1606. 4» per diem, to be defalked and paid out of the pay and entertainment Elizabeth, of every foote company, serving in this realm, with which divers and sundry persons, set down in list by the Lord Lieutenant, have to the 26th of this month, been fully satisfied and paid, at which time part of that entertainment, by the absence of some of the persons in England, held to be unnecessary, remaineth undisposed ; we, having received the humble petition and request of the Fellows and Cor- poration of Trinitie Oolledge, near Dublin — who, by the utter decay of their rents in this general revolte, are fallen into great wante, and thereby not able to hold their societie together, without some present helpe and relief — are moved to tender their suit, and to yield some reasonable allowance for their better enabling ; and therefore do hereby conclude and agree, that the Pellowes and Cor- poration shall have and receive, weekly, out of the allowance and entertainment appointed for the Canonere, to begin from the 25th of this present month, and to continue during pleasure, the sum of •40s. sterling, which sum we will and require you to satisfy and pay weekly to the Fellows from time to time for the use and relief of the CoUedge, until you shall receive warrant or direction to the contrary ; and these, together with the acquittance of the PeUows, or two of them, confessing the receipt thereof, shall be unto you, for the due allowance thereof, sufficient warrant and discharge. — Castle of Dvblin, last of Nov., 1599. " Eo. Gardiner. Henrie Harrington. Anth. Sentleger. G. Bourchier. " To our trusty and well beloved, Sir George Carey, knight, Treasurer at War, in Ireland." Elizabeth Regina. 26. The Queen to the Lord Deputy and the Lord Chancellor. "We greet you well ; upon information we have received by letters lately sent from thence and directed to our Council, that our Col- ledge there erected within the liberties of the city of Dublin, is now in danger to be dissolved, by reason that the maintenance thereof being wholly taken away and no benefit at all received of our late grant of concealment passed unto them, in regard of the troubles, and that, as you have signified, you have supplied them with some means for their continuance together, till such time as we shall signify unto you our further pleasure in that behalf j we are there- fore well pleased, out of our princely care for the maintenance of that CoUedge — being of our own royal foundation — and for the establishing of so great a means of instruction of our people of that realme, as in time to come the same may prove — whereof your letters have given us very good hope — to grant unto the Provost, Pellowes, and SchoUers of the CoUedge called Trinitie CoUedge, or by what other name they are incorporated, both a confirmation and continuance of those means which you have formerly granted unto them, and also a further supplie of £200 sterling, yearly, out of the wards, liveries, reliefs, intrusions, alienations, fines, or other casualties, whatsoever, that Shall or ought to come t6 our hands — i6oo.] CHANCERY, IRELAND. 555 our impost, revenueB of our lands there, and treasure sent from ** hence only excepted — to be paid unto them quarterly by equal Eli zabe th, portions ; and so, from time to time, continued unto them until they shall enjoy the benefit of our former grant of concealments. "And further our express pleasure is, that this our grant of £200 being for so good a purpose, shall be paid to the Colledge before any other concordatum or grant passed to any one heretofore, or that hereafter shall be pass'ed out of any part or portion of the casualties. " And if it fall out, in any one year, by reason of the troubles, the casualties do not amount to the sum of £200, and so shall not be sufficient to answer the year's payment ; our meaning is, that the Colledge shall be answered the arrerages so growing, out of the first casualties that shall come to our hands the year next ensuing such defecte ; and so, from time to time, until they may receive the full benefit of this our grant of £200 sterling, yearly, according to this our gratiqus meaning towards them ; and we require you to . cause our letters patent, of all the premises, to be passed unto them under the Great Seal, in such beneficial and ample manner as in like casfrhath been accustomed. — Manor of Greenwich, last of April, 42°. " To our right trusty and well beloved the Lord Mountjoy, our Deputy, and the Lord Chancellor and Keeper of the Great Seal, &C." Membrane 20. Elizabeth R. 27. The Queen to Lord Mountjoy. "Right trustie and well beloved, we greet you well ; we are given to understand that the ^ bishoprick of Pearns and Laughlen, being latelie become void, besides the good report that you our Deputy have given of Robert Grave, Master of Arts, and Dean of Cork, to be preferred thereunto; it is also advertized that other our Governors and Council there have heretofore earnestlie recommended him to some other ecclesi- astical living of the like nature, in regarde of his learning, integrity, and other sufficiency for such preferment, being found to be very well acquainted with the condition and disposition of that people, whereby he is like to doe the more good amongst them, in his / function ; we are therefore well pleased to bestow the bishopricks upon him, and do hereby will and authorize you to cause such letters and warrants to be made, in our name, in his behalf, as are requisite, and in such cases usual, for the election and admission of him orderlie thereunto; aud also to give order to our Chancellor there to cause such further direction by letters, instruments, and other means, to be addressed forth, as may serve for his consecra- tion, restitution to the temporalities of the bishoprick, and to all the profits and commodities thereunto belonging, according to our gratious meaning in this grant. . " And, in respect of these troublesome times, the benefit of these . places is not like to prove sufficient for his maintenance theffe without some other helpe, we are pleased he shall retainej by way 556 PATENT AND CLOSE ROLLS, [t6oa. 4* of commendam, such other small livings as he there enjoyeth, the Elizabeth, better to enable him to perform the duties of his calling, the same to be confirmed unto him by such means as in like cases hath been accustomed. — Greenwich, the last of April, 42°- "To our right trusty and well beloved, the Lord Mountjoy, Deputy of Ireland, &c." 28. Henry Grosnolde, her Majesty's Attorney of Munster, to the Lord Chancellor : " My honorable good Lorde, having especiallie by your Lordship's mediation and furtherance, obtained ray poore place of attorney for the unfortunate province of Munster, I holde it my dutie both thankfuUie to acknowledge so honorable kindness, and to crave your Lordship's further favor in the course I have under- taken, with my Lord Deputy's consent, to resign the same to the use of Mr. Dominick Sarcefielde, a man whom I found the state there to take special notice of, for his towardness and parts answerable to a place of that nature ; I humbly beseech your lordship, as occasion shall serve, to give your consent and furtherance there- unto, and to command my poor service, as you have my hearty praiers for your Lordship's long life and infinite honor ; so 1 humbly take my leave London, nere Essex house, March 25, 1599. " Your Lordship's most humble at command, " Henry Gosnolde. " To my right honorable lord the Lord Chancellor of Ireland." Membrane 21. 29. Resignation, by Thomas Gosnolde, of the office of her Ma- jesty's Attorney of Munster. — Signed March 23, 1599. Elizabeth Regina. 30. The Queen to the Lord Mountjoy. " We greet you well : although it be true that we could have wished that this nobleman, the Earle of Kildare, had not so long been absent from the place where he had charge, and was hablestto do us service — there being indeed no one thing which we more dislike in any — ^yet in regard that some extremities of his estate have been the onlie cause, and not anie other lacke of desire to repayer thither, we have bin con- tented to dispense with the same ; and forasmuch as we have always held him faithful and affectionate to our service, and have received good commendation of him from yourself, we are pleased — ■ as an argument of our good opinion of him — to bestow upon him the government of Ophalie, in such sorte as others have had it before him ; in which respect our will and pleasure is, that you do make him a patent for the same government, with the fee of a mark a day ; the patent and entertainment to continue during our pleasure. " And as he had already of our favour, an allowance of ten shil- lings a day, until some other thing might fall out for his better Bupporte, we do hereby command you to give order to the Treasurer i6oo.J CHANCERY, IRELAND. 557 to determine that entertainment as soon as this is in force; and so 4» we recommend him to you to be used and graced as a nobleman of Elizabeth, whom we make very good estimation. " Given under our signet at our Manor of Oatlands, the last of August, in the 42nd year of our reign. " To our right trustie and well beloved the Lord Deputy of L-eland." 31. Memorandum of . . Fay, on the 28th November, in the 43rd year of her Majesty's reign, having come into Court, and prayed that the preceding letter should be enrolled. Elizabeth R. By the Queen. 32. The Queen to the Lord Mountjoy and the Lord Chancellor. " Right trustie, wee greet you well ; whereas Florence, Lord Baron of Upper Ossory, having lately repaired unto us, thereby to con- tinue our gratious remembrance of his dutiful loyaltie and service, hath upon his departure made humble suite unto us, that for the better establishment of peace and quietness in that countrie, and the furtherance of our service, we would vouchsafe to reduce the same into shire ground, and annex it to our countie called the Queen's countie, and to grant unto him, in fee farm, some parson- ages and church livings lying within the limits of his seignory, not exceeding £20 by the year, namely, the parsonage of Aghvoe, the small abbeys of Aghvoe and Aghmaccarte, the parsonage of At- tamgh, Cowlkirrie, Kilkenny, and Birk; we let you wit that, such is our gracious acceptation of his long approved loyaltie and service, speciallie in these times of tumult, when others have degenerated from their obedience, we are pleased, in our princely favor and bountie, that the said territory and countrie of Upper Ossory shall be, by our letters patent, made and reduced into shire ground, an- nexed and made parcel of our countie called the Queen's countie, by such effectual manner and form in law as our counsel learned there, with the advice of his counsel shall think meete ; and we are further pleased to grant to the said Florence, Lord Baron of Upper Ossorie, and to his heirs and assigns, the patronage, monasteries, and here- ditaments above specified. " To have and to hold to him and to his heirs, in fee farm, rendering to us, our heirs and successors, the best and usual rents, so as in the whole the same exceed not £20 a year : and that you and our Council there do, from time to time, so countenance and assiste him in our service, and with such favour to him on all occasions of his just sutes and complaints, that he and others may be strengthened and encouraged thereby to continue their loyalty and service, for the good of that our kingdome — Manor of Green- wich, July 21, 1600, 42°. " To our right trusty and well beloved the Lord Mountjoy, Lord Deputy, and to the Most Rev. Father in God, the Archbishop of Dublin, Chancellor, M4 % 4»- Court at Richmond the 20th Oct,, 1^09. Elizabeth. " Your Lordships' very loving friends, «' Jo. Cant. Tho. Egerton. T. Buckhurst. Nottingham. Jo. Popham. Ro. Ceoill. " To our very good Lord the Lord Mountjoy, Lord Deputy, arid to the rest oif the Council there, and to any other Deputy for the time being." Membrane 22. 34. The Lords of the Council in England to the Lord Mountjoy and the Council of Ireland. — " After our right hartie commendationa to your Lordship and the rest ; by the many testimonies which we have received from former governors, and also from your Lordship ■ and many of you of the Council there, in reporte of the sundry good service of the bearer, John Lie, her Majesty's servant, we find that he deserveth to be specially favored and releaved, and upon such consideration, the late Lord Lieutenant was moved to promise him, as doth appeare, that he should be preferred to a pension when any should fall void, whereof her Majestie gratiously allowing him to be worthie, her pleasure is, that accordinglie your Lordship do give order to have his name entered for the reversion of the next con' venient good pension that shall fall voyde, after those shall be pro- vided for who have been formerly recommended by us for the like suits, and at such opportunity as may be duly remembered and not be prevented by other's importunity. " And where he hath moreover desired us to recommend him to your Lordship that, for his present relief, he may be favoured with the benefit of some wardship or other casualtie, because those things appertain to your Lordship's private disposing, we will use no fur- ther instance for him than only — inasmuch as your Lordship, having recojnmended him to us, doth best know his merit — to refer Ijim therein to your Lordship's consideration. " Lastly, he iiiformeth us of some spoils that were committed on him and his tenants, in taking of divers things from them '^y feer Majesty's, arnjy going to victual the fort of PliilipstoFne, to the VSjlue of £96, as also particularlie by the company of Sir William Warren, to the sum of £10 13s., which, by authority, was examined and duly proved and certified to the late Lords Justices, and there- upon it was ordered and directed by them that the treasurer should make defalcation of the said sums out of the several conipanies for his satisfaction and reimbursement, which notwithstanding hath not as yet [been] performed. We pray your Lordship — if the same in- formation be true — to give order for tie effectual and due execution qi the former direction^ in that behalf, and as there shall be occasipg, to be £a.vourab}e unto him in all other his reasonable requests j and 56o PATENT AND CLOSE ROLLS, [1600. 4» SO we commit your Lordsliip and the rest to God, — ^Erom tlie Court EUzabeth. at Eichmond, the 31st October, 1600. " Your Lordship's very loving friends, " Thomas Egerton. J. Buckhurst. Nottingham. G. Hunsdon. W. KnoUys. Ro. CecilL " To our very good Lord, the Lord Mountjoy, Lord Deputy of Ireland, and the Council there, and to any other Deputy for the time being." Elizabeth R. 35. The Queen to Lord Mountjoy and the Council of Ireland. — " Right trustie and well beloved, we greet you well. Whereas the bishoprick of Kerry is void by the death of the late incumbent, and information hath been given unto us that one John Crosby, a graduate in schools, of English race, skilled in the English tongue, is well dis- posed in religion, and hath already some other means of living to enable him to bear the continuance of such a promotion, which ,' the place hath need of, because the temporalities of that see, by rea- /' son of the rebellions, are wasted and yield little profit ; we have ',/ thought no man fitter for it than he : wherefore we require you, upon receipt hereof, to give order to our Chancellor and to all others to whom it may appertain, to make out such writs and other process for his election and consecration as are needful and in like cases accustomed ; and to grant to him sufiBcient warrant and dispensation, to hold, by way of commendam, for the better maintenance of his charge and countenance, all such other livings spiritual as now he hath and shall be willing to retain ; for our meaning is, not by ad- vancing him to that promotion, to abate his means to bear it. — Manor of Oatland, Oct. 2, 1600, 42°. " To our right trusty and right well beloved the Lord Mountjoy, our Deputy of our realm of Ireland, and the rest of our Council there." 36. Appointment of Sir Henry Powre to the office of Governor of the Forces in the country of Leix, called the Queen's county, with authority to pursue, suppress, and punish the rebels by fire and sword, and all such as shall combine or adhere to them, their followers, servants, abettors, maintainors, relievers, succourers, re- ceivers or keepers of their'goods, of what degree or condition soever — to raise the forces of the county — to have the leading and govern- ing .of all martial forces for the prosecution of the traitors and their adherents — to take up man's meat and horse meat in reasonable sort without oppression, paying ready money or giving bills at the usual rates or prices — to treat and parle with the rebels, and give safe conduct and protection to them for such period as he shall think proper — and do and execute all things necessary for the suppression of the malefactors and preservation of the peace — and before the prosecution of the rebels. Power is authorized to receive as many of -^^^/z dl.^^^'feci r^. i6oo.] CHANCERY, IRELAND. 561 them into her Majesty's favour as shall come and submit themselves 4a to her Majesty's gracious clemency,and effectually to perform all such El izabe th, promises as he shall make and conclude with them, for the quiet of the country. — Pee, 6*. 8d. a day, to commence from the day of the decease of Sir Warhan Sentleger, who was slain in her Majesty's service. — No date. Membrane 23. 37. Appointment of Dominick Sarsfielde to the office of Principal Attorney of the Province of Munster, during good behaviour, with such fees and rewards as Richard Beacon, John Sarsfielde, William Robinson, or Henry Gasnall, received or enjoyed. — Dublin, Sept. 14, 42°. 38. Surrender by Ludovick Briskett of the office of Clerk of the Council of the Province of Mauster, which had been granted to him by letters patent, dated November 6, 25° Elizabeth. — Last of March, 1600, 42°- Membrane 24. 39.' Appointment of Richard Boyle to the office of Clerk of the Council of the Province of Munster ; To hold during good behaviour, with a fee of £20 a year. — May 8, 42°, 40. Grant to Francis Michell of the custody, wardship, and mar- riage of Jasper Codd, son and heir of James Codd, late of Cloheske, in the county of Wexford. — Bvhlin, Aug. 29, 42°. Membrane 25. 41. Grant to Sir Mulmory M'Swyne, of Toa, of the custody of all the manors, lordships, castles, and lands of M'Swyne Fannett and M'Swyne Bannett, in Tirconnell, in the province of Ulster ; To hold during pleasure. — Dvhlin, April 30, 42°. • 42. Release by Thomas Lynch, of Waterford, merchant, to her Majesty of the sum of £100, claimed by him for building and forti- fying the house of Duncannon, in the county of Wexford, in consid- eration of his having been granted a lease for 21 years of the site and tithes of the monastery of Rupe, alias the Hore Abbey, in the county of Tipperary, and other parcels in the counties of Eildare and Cork, amounting to the annual value of ^628 os. ^d. — April 8, 1600. Signed, Thomas Lynch. Acknowledged for her Majesty's use before me, Anthony St. Leger. 43. Demise to Thomas Lynch of the site, ambit, and precinct of the late abbey or monastery of Rupe, otherwise called Hore abbey, vol,. II. 2 362 PATENT AND CLOSE KOLLS, [1600. ■*» in the county of Tipperary, with all the gardens and other appur- Elizabeth. tenances ; certain customs of the town of flore, 5 acres arable in the grange of Irrie, with the tithes of the same, 2 messuages, with gar- dens, and 36 acres arable in Cashell, the tithes of grain, and the alter- ages of the parsonagie and rectory of Rupe, otherwise called Hore. The site, circuit, and precinct of the late House of Friars of Ard- fynan, with the gardens within the precinct, 6 cottages, 10 acres arable, and a castle, all in the county of Tipperary : the church of Saint John the Baptist, and the chapel of Saint Anne, near Cork, in the county of Cork ; 5 acres arable, in the Maseres field ; 3 little parks; 1 acre arable, called Grobnogclothe ; several chief rents : and aJso the reversions, rents, and profits of all the premises to the said late church or chapel belonging, parcel of the possessions of the late monastery of St. John of Jerusalem ; a house or messuage in the Naas, in the county of Xildare ; the vicarage of Rayleston, in the county of Tipperary ; parcel of the possessions of the late monastery of Rupe, alias Hore abbey : To hold for 21 years. — Rent, £38 o«. gd. — Dublin, Aug. 14, 42°. Membrane 27. 44. Pardon of Thomas Warran, of the Navan, and Eathenne O'Madden, of Waterford, — DiMin, Jidy 9, 43°. Membrane 28. 45. Pardon of William Bremingham, of Donfert ; Edmond Bre- mingham, of Derite ; R>ichard Bremingham I'itzJames, Gerrot Jre- minghaiji FitzRedmonde, and otTiers. — Dublin, April 20, 42°. Membrane 29. 4^. Pardon of Glasney M'Onghley, Edmund M'Conwell, Rory Magenis, Manus Magenis, Nicholas Fottrell, and Owen M'Qnwell, in the county of Downe, — No date. [Incomplete.] In Dorso. •f Membrane 2. 47. Demise to Sir William Godolfine of the whole water or river of the Banne, in the northern part of the province of Ulster, and county of Antrim, and the fishing and taking of salmon, and all other kind of fish in the said water, with all the advantages, com- modities, and emoluments to the said water or river belonging; To hold for 21 years. — Rent, £10; and if it shall happen that Godolphin shall in any year peaceably, quietly, and without in- terraption exercise, have, and enjoy the fishing and taking of sal- mon in the water of the Banne, that then he shall pSiyr £40.^— Bated Dublin, July 14, 42°. ' ' j$90.] OHANCEEY, IRELAND. 563 44 Membranes. ^ ^ Elizabeth. 48. Indentjire jyhereby Adam, Archbishop of Dublin, with the consent of the Chapters of. the Cathedral Churches of the Blessed Trinity, and of Saint Patrick's, Dublin, demised and conveyed to William Brereton, a house and void place in Swords, 60 acres arable and 20 meadow and pasture, in the. town and lordship of Swords, commonly called the Castlefarme ; 5 acres in the town and lordship demised to Robert Taylor, the town of Newinstowne, and all the lands, pastures, and furze, thereto belonging ; the wood by Clon- dalkin, commonly called the wood of Ballygaddy ; and 6 acres upon the furze hill of Clondalkin, the Barne wood, with the pasturing and grazing of the same ; 9 acres of furze, called the Keepogh ; and 2 acres within the broad meadow by Clondalkin ; 7 acres fiirze in a plot or piece commonly called the Bishop's 7 acres, lying between Rowlagh and Ballyfermot, by Clondalkin, with all the messuages, lands, waters, watercourses, woods, and pastures, in Gillinstowne, in the lordship of Swords, in the county of Dublin ; 4 acres meadow belonging to Gillinstowne, in the broad meadow of Swords ; a mes- suage and 20 acres of land, with the appurtenances, in Rathelukas- towne ; and a messuage and 4 acres in the tenure of Thomas Bealinge, in Luske : To hold for 51 years, rent £4 ot. 6d.; and fot the lands of Newinstowne, 41s. Irish ; and other rents in the deed mentioned. — Last of Sept. 1599, 41° Confirmation by the Dean and Chapter of the Cathedral of the Holy and Undivided Trinity. — N^o date. Confirmation by the Dean and Chapter of Saint Patrick. Mv. 4. Signed, John Rider, Dean. ■ Membrane 4, 49. Assignment from William Brereton to Adam Loftus, one of the Masters of Chancery, of the lands and premises mentioned at article No. 4$. and for the term therein mentioned Last of Sent 1^99,41°. " ' Signed, William Brereton. Memhrane §, 50. Pardon of Thomas Rochefbrd, of the Laroghs, in the county of Kildare; Oliver Linche, of Donnaure, in the county of Meath ■ Donat Enos, of the Laroghs; William Mooney, of the same place • and others. — Dublin, May 27, 42°. ' Membrane 6. 51. Pardon of ConnougherO'Callaghan, alias O'Calghan, of Clome- nine ; Johanna ny Tirrelagh, his wjfe ; Calllgh^n M'Connogher I. veil. II. 202' '564 PATENT AND CLOSE feOLLS, [1600. 4« Callighan, Callighan M'Owen, I. Oallighan, Ellen ny Tirrelagh, his Elizabeth, -wife; Donell PitzThomas O'Hagan, of Cloane; James M'Redmond M'Coddy, alias Archdekin, of the Clonagh. — Dublin, June 15, 42°- Membrane 7. 53. Pardon of Richard M'William Oge Bremingham, of Muck- land, in the county of Kildare ; Cecily Linch, his wife ; William Bremingham, his son ; Peirs PitzJames Bremingham, andothers. — Dublin, Sept. 3, 42°. Membrane 8. 53. Appointment of Lord Mountjoy to the office of Deputy General of Ireland ; To hold during pleasure, in terms similar to the appointment of the Earl of Essex, mentioned at page 520. — Jan. 21, 42°. Membrane 9. 54. Commission to Charles Lord Mountjoy, Lord Deputy; Sir George Carie, Knight, Treasurer-at-War ; Sir Robert Gardiner, Chief Justice of the Chief Bench ; Sir Robert Napper, Chief Baron of the Exchequer ; Sir Anthony Saint Leger, Master of the Rolls ; and Sir Geffry Eenton, Secretary arid Surveyor ; to make leases of all her Majesty's manors, castles, lands and possessions, wardships and liveries. — Westminster, Feb. J, 42°. Membraive 10. 55. Commission to the Lord Mountjoy, Sir George Carey, Sir Robert Gardner, Sir Robert Napper, Sir Anthony Sentleger, and Sir Geoffry Penton, to levy and collect her Majesty's debts ; in terms similar to the commission mentioned at page 467. — Westminster, Feb. 7, 42° Membrane 12. 56. Demise to Thomas Lynch, in consideration of his releasing a sum of £100 expended by him on the fort of Duncannon, in the county of Wexford, of the site, circuit, ambit, and precinct, of the late abbey or monastery of Rupe, otherwise called Hore abbey, in the county of Tipperary, with the gardens and other appurtenances ; the customs of the town of Hore, 5 acres arable in the Grange of Irrie, with the rights thereof ; 2 messuages with gardens, and 36 acres arable, in the town of Cashel ; the tithes of grain, and the alterages of the parsonage or rectory of Rupe, otherwise called Hore, parcel of the possessions of the said late monastery. The site, circuit, ambit, and precinct, of the late house of Friars, of Ardefynan, with the gardens within the site, 6 cottages, 10 acres arable and a castle lying in Tipperary. The hospital of Saint John, near Cork ; the rent of divers acres of arable land, and of several small parks thereto belonging, a free rent issuing out of several gardens, amounting to £5, for the issue i6oo.] CHANCERY, IRELAND. 5^5 of the jiithes of the late hospital; 60 acres arable in Perinire, parcel 4» of the possessions of the late hospital of Saint John, of Jerusalem ; Elizabeth, a messuage in the town of Naas, in the county of Kildare ; the vicarage of Eayleston, in the county of Tipperary, parcel of the possessions of the monastery of Rupe ; To hold for 2 1 years. Rent £28 OS. ^d. — Dublin, April 14. Membrane 13. Elizabeth R. By the Queen. 57. The Queen to the Lord Archbishop of Dublin and Lord Chan- cellor, (fee. " Whereas Sir George Carye, knight, hath since the ist of March, in the 41st year of our reign, exercised, by virtue of our letters patent to him granted, as well the office of our Treasurer- at-War, as Under Treasurer of our Exchequer, and Receiver-General of our revenue there ; since which time divers great sums of money have come to his hands, as well of our treasure, sent from hence, as of revenue and casualties there, with which he finds himself greatly burdened, and hath been humble suitor unto ns, that, as well for our better satisfaction, as his speedier discharge,his accompts of all sums of money-of our treasure, which have come to his hands, might be taken and determined, as well for the time past, from the ist March, in the 41st year of our reign, until the Feast of the Anunciation of the Blessed Virgin Mary, following, in the 42nd year of our reign, and from time to time hereafter, from the Feast of the Anunciation, as long as he shall continew in that place. "For his satisfaction and our own therein, we have for the one parte of his accompts, as our Treasurer-at-War, sent for him to repair hither personallie, and to yeelde the same before such of our Commissioners, as we have here appointed for that purpose ; and for the other part of his charge, as Under Treasurer and Receiver- General of our revenue of Ireland, we are pleased the same shall be taken and determined by persons meet for that purpose within our realm, as well for the time past, since his first entry into his charge, as also from henceforth yearly, once every year, as the accompts of other our Under Treasurers and Receivers-General of our revenues, have used to be ; and, therefore, having full trust and confidence in your truth, uprightness, wisdom, and discretion, we have authorized and appointed you to call before you the said Sir George Carey, our Vice Treasurer and General Receiver of our Revenues; the Master of our Ordnance, the Ministers of our Victuals, the Clerk of our Works and Buildings, the Clerk or Receiver of our First Fruits and Twentieth Parts, the Clerk or Receiver of our Fines and Casualties of the province of Munster, and all other accomptants, who by virtue of any our former com- missions, you or any others occupying your places, were required and authorized unto, there to exhibit unto you all such accompts, books, certificates, warrants, bills, and muniments, as shall touch or concern their several accompts, and all other books and muniments, which in any way touch or concern the charge or discharge of the 566 PATENT AND CLOSE ROLLS. t!*6°o- 4^ accomptants, remaining in their hands and custodie, or which remain Elizabeth, in the hands or possession of any of our officel-S or ministers in Ireland ; and them and every of them, by all ways and means you possibly can, to peruse, cast, try, and examine, in every circum- stance ; and upon the true trial, examination, and perusal thereof, to make full, just, and perfect accompts, or declarations of accompts; containing briefly the sum and substance thereof, in charge and dis- charge, as have been formerly used, to our said several accomptants, to be engrossed in two parts, and by you or any four of you to be signed and vouched, the one part to remain to our use of re.cord in bur Court of Exchequer there, and the other to be delivered to the parties accomptable, and the same shall be to them a sufficient warrant and discharge ; requiring you to have good regarde that Such petitions and demands as shall be allowed, always have good and probable reasons to maintain and prove the same. " And upon the ende, finishing, and determination of the accompts, we authorize you to allow and give, by your discretion, to any person or persons who shall be occupied or employed in and about the accompts, or the examination and accomplishment of his com- mission, any such sum and sums of money as to you shall seem meet and convenient for their charges, travel, and pains, had and sus- tained about the premises, having due regard to the time wherein they shall be so occupied and employed. — Otelands, the ijth Sept., 1600, 42°. "To the Most Rev. Father in God, the Lord Archbishop of Dublin, our Cljancellor, our Chief Justices of our Bench and Common Pleas, Chief Baron of our Exchequer, Sir Geoffry Penton, &c." (.i>> Membrane 14. 58. Grant to Donat, Earl of Thomond, of the site, circuit, and precinct, of the manor of Ardmulchane, in the county of Meath ; an acre and a waste close, which once contained an orchard and a haggard, an old wateV mill, with the water course upon the Boyne ; another mill called a tucking mill, nearly ruined and prostrate; a ruined weir (gurgitem) for taking eels upon the Boyne, 440 acres arable, 7 acres of wet meadow, 30 acres stony pasture, a ruined place where once was a haggard, 3 waste messuages, and 60 acres of arable land, in Carnulpher j 5 acres meadow, a chief rent of 27s. chargeable upon the cottages in Ardmulchane, 30s. Sd. out of certain lands in Carnulphe, a chief rent of 6s. 8d. out of Kingeston, £7 ''^^- 8«?. out of Oldeston and Heiston; that is to say, out of the lands of James Aylmer, besides suit of court, £3 ; out of Nugents lands, besides suit of court, £2 2s. ; out of Oldtown, in the parish of Kilkarne, 44s. 8di, ; and out of every house in the village of Ard- mulchane, a hook day in Autumn, and a cock at the Feast of the Nativity, which are worth, one year with another, 6s. ', a heriot out of every cottage on the death of the tenant, which is valued at 3s. 4^. ; the perquisites of the Court of the Manoi-, for the expensed i6oo.] CHANCERY, IRELAND. 567 of the Seneschal, 5s. ; 60 acres of land in Harnestonhar, parcel of 4» the demesne lands of the Manor of Harnestonhar, late parcel of the Elizabeth, possessions of David Sutton, attainted : To hold for ever, in capile, by knight's service, that is to say, hy the service of one knight's fee, as scutage runs. Her Majesty also releases the Earl from pay- ment of the sum of £52 i8s., current Irish money, making of English money, £39 13s. 6d., which had been previously payable out of those lands. — Bvhlin, Sept. 5. Membrane 16. 59. Recognizance whereby Jehan Delahide, of Moyglare, widow, and {Tames Hussey, of Ardronis, in the county of Meath, acknow- ledge themselves indebted to her Majesty in the sum of £500 : taken before the Lord Chancellor, 22 Dec, 1601. Condition of the preceding recognizance, namely, that Walter Delahide, now enlarged from the Castle of Dublin, shall personally appear before the Lord Deputy and Council within twenty days after warning, to be left in the widow's house in Moyglare, and not depart without special licence ; that he shall be of good and dutiful behaviour towards her Majesty's true subjects, especially towards Anne CoUey, her children, tenants, servants, and her Majesty's ward of Castlecarbry, and that he shall not procure, consent, or advise any act, matter, or thing which may be to their hurt or prejudice. Taken before the Lord Chancellor. Signed, Ad. Dublin, Cane. Enrolled Deo. 23, 1601. Membrane 17. 60. Sir Geoffry Penton nominates and appoints Robert New- comen, his attorney, to surrender to the Lord Chancellor his letters patent, dated 5th of November, in the 41st year of her Majesty's reign, appointing him to the office of Clerk General of her Majesty's Works in Ireland. — June 9, 1600, 42° Elizabeth. 61. Appointment of Sir Geoffry Fenton to the office of Principal Secretary of Ireland, Clerk of the Works, and of all honors, manors, and castles in Ireland ; To hold during good behaviour, in as ample manner as Stephen Jennings held that office. — Dublin, Nov. 5, 41°. 62. Memorandum of Robert Newcomen, having surrendered the preceding letters patent unto the hands of the Lord Chancellor for the use of her Majesty, and prayed that it might be enrolled^ in perpetuam rei mem/oriam. 63. Appointment of Samuel MpUineux to the office of Clerk General of the Works of all her Majesty's honors, castles, and lands in Ireland, during good belayiour, in as ample manner as Stephen Jennings or Sir Geoflfry Fenton held that office. — Dublin, June 9, 42°. : 568 PATENT AND CLOSE BOLLS, [1600. Elizabeth. Membrane 18. Trinity Colledgb. 64. The Queen to all to whom these letters shall come, greeting: " We have received information by letters, lately sent from this our realm of Ireland, and directed to the Lords and others of our Privy Council in England, that our college in Ireland, erected within our liberties of the city of Dublin, ia now in danger to be dissolved, by reason that the maintenance thereof being wholie taken away, and no benefit at all received of our late grant of concealments passed unto them, in regard of the troubles, and as we have been signified from our Governor of Ireland, that they have supplied them with some means for their continuance together, until such time iCa we should signify unto them our further pleasure in that behalfe ; know ye therefore, that with the advice of our well beloved cousin, Charles, Lord Mountjoy, our Deputy General of Ireland, according to the purport and tenor of our letters, dated the la,st of April, in the 42nd year of our reign, and of our princely care for the main- tenance of that colledge, being of our own royal foundation, and for the establishing of so great means of instruction of our people of our realm of Ireland, as in time to come the same may prove, whereof our Governor's letters have given us very good hope ; we have, on consideration thereof, given, granted, and confirmed to the provost, fellows, and scholars of the college called Trinity College, and their successors, or by whatever other name they are incorpo- rated, a confirmation, continuance, and allowance of those means which our Governors formerly granted unto them, remaining en- rolled in the Rolls of our Chancery in Ireland, and also a further supply of ,£200 sterling and current money of England yearly, issuing out of the wards, liveries, reliefs, intrusions, alienations, fines, and other casualties whatsoever that shall or ought to come to our hands : (our impost revenues of our land of Ireland and our treasure sent or to be sent to Ireland excepted). To be paid to them quar- terly by equal portions by our Vice-Treasurer or General Receiver of Ireland for the time being, without any delay, writ, or other stay to be made or used by them or any of our officers. " To have and to bold to the provost, fellows, and schollars of the colledge, called Trinity Colledge, within the liberties of the city of Dublin, or by whatsoever other name they be incorporated, and to their successors, the said confirmation, continuance, and allowance of the said means, which our progenitors formerly granted to them, and the said further supply of £200 sterling yearly, of the said wards, liveries, reliefs, intrusions, alienations, and casualties that shall or ought to come to our hands. To be paid unto them quar- terly by equal portions, and so, from time to time, to be continued' unto them, the provost, fellows, scholars, and their successors, until they shall enjoy the full benefit of our former grant of concealment. " And our pleasure is, and we expressly command, that this our grant of the £200 sterling yearly being for so good a purpose, shall i6oo.] CHANCERY, IRELAND. 569 be paid to the proTost, fellows, scholars, and their successors of the 4» college, by our Vice-Treasurer or General Receiver of this realm, or Elizabeth, other receiver of the wards, reliefs, liveries, intrusions, and other casualties that shall come to our hands, to be paid unto them quar- terly, in manner and form aforesaid, and to be continued unto them until they shall receive the full benefit of our former grant of con- cealment, before any other concordatum or grant passed to any other heretofore, or that hereafter shall be passed out of any part or por- tion of the faculties ; and further, if it do now or hereafter so fall out and happen that in any one year, by reason of the troubles in Ireland, the casualties do not amount to the sum of £200, and so shall not be sufficient to answer the year's payment, then our will, especial pleasure, and meaning is, and do we hereby require that the provost, fellows, and scholars of the college, and their successors, shall be answered and receive the arrerages so growing and due of and for the years or any year preceding, by the hands of our re- ceivers or any of them, out of tiie first casualties that shall come to their hands, to our use, next ensuing such defects, and so from time t6 time, quarterly, in form as aforesaid, until they may receive the full and whole benefit of this our grant of £200 sterling, according to this our gracious and princely grant and meaning towards themi -—Dublin, July 16, 42°. Merribrane 19. 65. Appointment of Robert Grave to the Bislioprick of Ferns and Leighlin ; and in consequence of the continual and intollerable oppressions and extortions of the Irish, those sees are so exhausted that suitable hospitality cannot be maintained there, unless some relief be provided, her Majesty therefore grants him permission to hold in commendSim the deanery of the cathedral of Cork, the pre- centorship or chantry of the cathedral of the Holy Trinity, Dublin, th e precentorship or chantry of the cathedral of Limerick, and the pre- bend of Tnllochbrack in the same cathedral. — Dublin, July 17, 42°. Membrane 20. 66. Consecration of Robert Grave. — ;Same date. 67. Restitution of the temporalities. — Same date. Membrane 21. 68. Grant of a pension of Ss. a day to Hubert Fox. — Dublin, March 21, 42°. 69. Grant of a pension of £100 a year to Theobald, Lord Baron Burgh, of Connell, alias Gastleconnell Dublin, June 10, 42° 70. Grant of a pension of 6s. a day to Mulmorie M'Swyne, of Tea, knight.r—Dublin, April 30, 42°. S7d PATENT AND CLOSE ROLLS, [1600. 4» Membrane 2a, Elizabeth. yj_ Appointment of Sir Richard Wingfielde to the office of Mar- shall of Ireland, and of the army and soldiers of that kingdom, during pleasure ; fee, 6& %d. a day ; in as ample manner as Henry Bagnall held that office — permission to nominate provosts, senes- chals, and other necessary officers, — to keep the gaol and prison of the inarshall, and for the government and rule of the army — to hold courts marshal to try soldiers and other delinquents. — D'vMin, March 29, 42°. 72. Grant to Sir Geoffry Penton of the manor, preceptory, and lordship of Olontarf, in the county of Dublin ; 30 acres of lirood at Coolock, otherwise called the Prior's wood, and the rectory, church, or chapel of Clontarf, all tithes great and small, alterages, oblatitjtis, obventions, as well spiritual as temporal, commons, pastures, woods, underwoods, islands, courts, waifs, strays, heriots, tolboll, waters, watercourses, weirs, fisheries, quays, creeks, sands, seashore, wrecks of the sea, with the customs called anchorage, lastage, flockage, and all other customs, privileges, and liberties; with liberty for the in- habitants of Clontarf, the tenants and servants of Sir Geoifry, his heirs and assigns, to fish with ships, picards, and boats, nets and other engines, within the parish, liberties, limits, creeks, and bay of Carlingford, without payment of tithe to the vicar or to the crown. To hold for ever, as of the castle of Dublin, in fee and common aoccage, and not in capite, or in soccage in capita. — Dublin, Aug. 27, 42°. ■ ■ Membrane 23. 73. Appointment of Stephen Segaf to the office of Constable of the Castle of Dublin, during good behaviour, with a^ fee of £26 i3«. 4d. a year Dublin, Oct, 2, 29°. 74. Memorandum of the surrender, in the succeeding article men- tioned, having been delivered into the hands of the Lord Chancellor for the purpose of cancellation. 75. Surrender by Stephen Segar of the office of Constable of the Castle of Dublin. — Last of Aug., 1600, 42°. 76. Appointment of Tristram Eccleston to the office of Constable V^ of the Castle of Dublin, during good behaviour, with a fee of ^\ £26 i3«. 4c?. a year. — Dublin, Sept. 2, 42°. Membrane 24. 77. Appointment of Peter Palmer to the office of Second Justice of the Common Bench, vacant by the decease of Willialn Bath; To hold during pleasure, with the accustomed perquisites, authorities, privileges, and jurisdictions. — Dublin, April 7, 42. 78. Grant to Christopher Wakely, of Dingham, in the county of i6oo.] CHANCERY, IRELAND. 571 Meatb, of the custody, wardship, farm, and marriage of Edward, son 4* of Thomas Nugent, and cousin and heir of Edward Nugent, late of Elizabeth. Brackland, in the county of Westmeath. — Dublin, June 13, 42°. 79. Surrender of M'Swyne ne doe's country. " To all Christian people to whom these presents shall come to be read or seen : Mulmorie Mac Swyue, of Toa, in Tirreconnell, in the province of Ulster, sendeth greeting : Know ye, for many good con- siderations, and chieflie to show my humble zeal, dutiful and most faithful loyaltie unto my dread sovereign, I, the said Mulmorie M'Swyne, have given and surrendered unto my said sovereign the town of Bealfearste, containing by estimation, two quarters, the islands of Torrey and Dowagh, two quarters, Rosguile and Kenvoire, containing five towns and a half, the quarters of KiUe, Cratelagh, and Ballegortioallie, six quarters ; Ballenchearde, four quarters ; Clonemore, one quarter ; yighmore, one quarter, and several other quarters and lands — with all manors, seignories, chiefries, islands, lands, tenements, rents, reversions, fishings, ponds, weirs, waters, watercourses, advowsons, patronages, presentations to churches, chapels, and chantries, courts leet, view of frankpledge, waifs, strays, goods and chattels of felons and fugitives, wards, marriages, reliefs, and other uses and hereditaments, as well spiritual as tem- poral, within the whole territory called M'Swyne ne doe's countrie, in Tireconnell. And further, I, the said Mulmory M'Swyne, do most earnestly pray and desire that this my surrender may be en- tered and enrolled of record in Chancery, there to remain of record, for ever. In witness I have put my seal the ist of April, 1600. his "Sir Miles x M'Swyne." mark. Memorandum of Sir Mulmory M'Swyne having delivered the preceding surrender into the hands of the Lord Chancellor. Signed, Adam Loftus, Cane. Membrane 25. 80. Grant to Mulmorie M'Swyne, knight, of the castles, manors, lands, tenements, and other possessions within the whole territorie called M'Swyne ne doe's country, in Tireconnell, and all other ma- nors, castles, lands, tenements, and hereditaments mentioned at article No. 79. To hold for ever, by knight's service, in capite, that is to say, by the twentieth part of a knight's fee, as scutage runs, the service of five horsemen and ten footmen at every gene- ral hosting, and fifteen beeves yearly; with permission to alienate by fine, feoflfment, recovery, or otherwise, in fee simple, the lands and tenements amongst his kinsmen and followers. — Duhlirtj April 28, 42°. . ■ . , 572 PATENT AND CLOSE ROLLS, [1600. 4» Elizabeth. Membrane 26. 81. Surrender of Pox's country. " To all Christian people : Hubbert Fox, of Leliinclie, in the ba- rony of Kilcourcie, otherwise called the Fox his countrie, in the King's county, commonly called ' the Fox,'(a) chief of his name, sends (a) [Compact between Mageoghegan, of Muinter-Thadhgain (Munterhagan). — . CC n-ainm an CCchufi o^uf an nieicosu-pan 8pioiri,tiTO Maoim an cutinTi.13'6 yo TTTheis e-ocTiosdin aguif an c-Sionnaij. CCg fo cunniati'D>i agtif' ceangal, TTleis GocTiosctin, .1. Connla mac Conchutjaifi meic Laisnij, aguy" an c-Sionnuigli muinnciifii Tjha'oh- gdin, .1. byieayol mac e-ogTiain mei Cai|ibtM, -1. TTlas e-ocTiagain 'na cijeaifina a^x an -Siontiticti asu-jf afi a ■DUcbttTO, agtiif' ag -po a bpuit 750 comafica ci5'hea|inui']r ag mag ©ocTiosdm a-p, an Sionnucli (xgaf ayi a 'DucliaiT), .1. sniom -o'peajiann ipaovi ati gac em-cion, agu-p muc 'f a nsniom ^in amacli -oa n-iocpaiT) cijeaiintiir' •p,i-)f' an Sionnucb, agU'p an mtic tio Ijet ■do noy^ tiiuice cta]^ aije, asay an gniorh nac biac muc ann caoiia 'n-a 'h-iona'o ; agu-)^ sac lonaT) a biar peaf-onn a ngrolL 6 •SbionncTiiiit) as-oaoiniB caoB amuig •DO cifx, oguip nac ciocpaix) tdo h- Sbionncbuib a •pua'plusu'D'h, ceoT) 05 nrias e-ochasdm a ■puay^sla-D. ■gac lona-D a 'D-ciocipai'6 ipT^-eacb no geaifViT.a'Db 6 ■pio-|a lonuro an Tfiiogb a\i TDas ©ocbagam cion a T)ucbai'6 aft an -SionnticTi tie y^o. CCguip gao lonaT) a biac pa-j^ac no ay-uiitia a n-T^uchaiT) an Sbicnnuigh t>' via- chtiiB ayv'TTlacc 6-ocliaj;iiin cabuc T)o 'D^anam aifi, ogu^ gan a cion 7)0 cabaiixc Wf\, an ci tjo biac 'n-a •j^uTOe. OCga^ T)d 'D-cifea'Db ifixeacb no geaifVYi-a'Db po\i lontnt) an IV105 ayv an Sionnuch cuix) a 'oucbai'D a|i nrias ©ocbosain mutv biay [afi] an ■Sionnuch ; gacb oi|veacca'p Samno chief of Kineleagh, and the Fox, chief ■August 20, 1526.] In the name of the Father, and of the Son, and of the Holy Ghost, this compact of Mageoghegan and the Fox is Ttiade. This is the covenant and contract of Mageoghegan, i.e. Connla, son of Con- chobhar, son of Laighnech, and of the Fox of Muinter Tadhgain, l.e., Breasal, son of Eoghan, son of Cairbri, viz. : Mageoghegan to be lord over the Fox, and his country ; and this is all the sign of lordship which "Mageoghegan has over the Fox and over his country, viz., a gniomh [gnleye] of land tree from every impost, and a hog out of every other gniomh which pays chiefry to the Fox ; and the hog to be in the condition of a muc cUisach [a fat pig] ; and the gniomli on which there is not a hog to give a sheep in its place. And wherever land is mortgaged from the Foxes to persons outside the terri- tory, and the Foxes not able to re- deem it, Mageoghegan is at liberty tn redeem it. Wherever cess or cutting comes from the King's Deputy on Ma- geoghegan, the due proportion of it to be paid by the Fox for his own territory. And every place that is deserted and rent unpaid in Fox's country, Mageo- ghegan is obliged to distrain upon it, without making the person settled there liable to him. And if cess or cutting be levied by the King's Deputy upon the Fox, Mageoghegan is to pay the proportion of his territory of it as well as the Fox. Every All hallows or May meeting that shall take place in Ma- geoghegan's country shall be convened at the town of Ath-an-urchair or Corr- i6oo.J CHANCEEY, IRELAND. 573 greeting in the Lord everlasting : Know ye that for many good 4* considerations, and chiefly to show my humble zeal, dutiful and Elizabeth. nobealcuine ■oa mbia'6 ati-T5ticTi- mi) meig frocTictsain a ca13ai-p.c 50 baile oca an tiifvcaiTi no 50 Ctiiifiii na I'gean, cc^Vf am SionnucTi aguip maiche a ci|vi 7)0 teacc laiy' ann ; ■pac [■pa] etinno'jp agaf -pa aon can- tUT) aipDcig agu'p amtngh ; gac yaoiia|>i aguf gac ciseaimuy na 1jptii?y 05 Tin 05 GocTiosain ann 'pn ag -pea-p, a lonait) 'n a "oiaij, ace 50 n-Tjeaytnax) ipe a '6itceattmaitea|^a agu^ cunTDUig 'Do'n SliionnticTi ogti-p •o'd tip, ; sac lonaT) a hMxi> coga'D no ceannai^is aifi TKlos ©ochagain no a|van Sionnucli agu-p 6 n-a 'D-ciol5if\,a pea-p, aca luce a cHrn'oai's tei-p ca-p, ci-p amuij, cion a ■Ducliai'D ajx [an] B-peaifi eite tio na buanu'DtiuiB agu'p catjac an ay-^^tiifiifiti'Dhui'p aifi Tllas ©ocTi again. CCstif og'po a ti-puit T)' piactiuiB afi TTlag C'ccosdin a n-'oiaij gac yxjcaiTi ■od n-t>«15iatiniui|i ann inn, .1. a vitceoiit ctmrDtiij -aguy po-p- 5iiiT)Ti "DO '66anani Tio'n Shionnucli, asvi-p ■oa gac •Dtiine 'n a T)UcliaiT> eTOp, teas ^Bi^T mdfi; Offif gac lonat) a n-aigeop.ai'o mac 'goilt no ^aoTOil an Sionnuch no •oume 'na ■Ducliai'D, bfieach tnuip.c'heaificais TTlic CCoTiasdin, no an B-peiteamain bear' ann uacba an c-ionaT) nac geabcaifi -jrm uacba "o' -piacliuib a\i TDas e-ocagan a -DucTia-D pein agu-p ■Ducliai'D an Ti-SionnuiS'DO caicheani •pe ceatic -a'posiiil. •Do'n 'h-Sionnucli OSUIT' 'D'a''Duc1iai'D, oguip'DO cabaiyic uacba oguip uaTOhe; oguip gac lona^o a bpuil a n-'DUctiaTO 'o'd congbait 6 1i-8ionncbuib a ■jpeitlj eogcoixa no apjpuyi.ifiu'Dliui'p 'd' pacliuiB an, IT) ag ©ochogain a ■oicTicTieal,?^ pein 'oa cabuiiic ■DO cabucb na 'Duictichi ; an c-iona'D a Wigpi'D layila Citti ■DO-pa gan a cabbucti, -o' pacbtnb aifi, TTlag Gocasam a 'oiccealt 'oa cabuiific 'D'd cabucb ; agup na •D-coiUsTie f^ an ■ouctiaTO, a teach na-sgean, and the Fox and the chief- tains of his country shall come with him thither. They are to be under the same custom and the same tribute "within and without. Every privilege and ascend- ancy here ceded to Mageoghegan shall be enjoyed by his representative after him, provided he does his utmost en- deavour for the benefit and protection of the Fox and his country. Whenever a war or disturbance comes upon Ma- geoghegan or upon the Fox, on account of which one of them may bring his forces with him out of the territory, the other shall bear the proportion of his territory of the bonaghtmen, and Ma- geoghegan is to distrain in case of non- payment. And these are the liabilities of Ma- geoghegan for all the privileges which we have mentioned above, viz., that he do his utmost for the protection and shelter of the Fox, and every person in his country, both small and great. And whenever either an Englishman or Irish- man shall sue the Fox, or any person in his territory, that the decision of Muirchertach Mac Egan, or of the Bre- hon who shall be by them appointed, be submitted to; and when this will not be accepted from them, then that Mageoghegan shall be bound to " spend " his country and Fox's country, for ob- taining justice for the Fox and his country, as well as to compel them and him to render justice. And wherever any part of their territory is unjustly or with default of rent detained, Ma- geoghegan is boimd to do his utmost endeavour to recover such part of the territory. Whenever the Earl of Kil. dare declines to recover it, Mageoghe- gajn is bound to lend his utmost endea- vours to recover it. And if he shall recover the land, then one half of it shall be his own, and the other half be 574 PATENT AND CLOSE EOJ/JiS, [1600. . 4» most faithful loyalty to my most dread sovereign, I have given, Ehzabetji. gj-apted, and surrendered to my said sovereign lady the Queen, all ccga pein, (isvf an teacti eite ag peap, na ■['eiibe ■pein ; n1 I1-6 ariKiin ace gac lonuT) tiach 'Dion5nci;'& miifi "DO jeuna'D'h f^ va baiLe ptiiific -pein ■no 'Dipn asay "oo cabucli "Do'n 11-31- onnticli ccgti'jp 'do mtunnci-p, "Ca-Dli- gaufi gan cio-]p no fixo^xip no cijeaifi,- nB-p aige ofvifica, accgac "Duine aifi a -f^on 1^010. C1C5 1^0 pa'D'hniii-]ri an cunniT.ti'Dli fo, A. TTlas Cocliasain ixgaf "Dia fioime, agti-p TTl ai-p,-pil.l, mjean C-p,io-]fn)6iaa, agu-p O'bfiam, .1. T^oma-jf bui-De mac e^ogbtiin 1 biridm e'fi, Cfiaoib, ogti-]^ an -peaiT,- ytin 0'8eancb(iin, i. Ctiqp.icbi agti'p ©ojan O'Cionga, nnac "Diaiama'Da ■Dtiib, astcp ■Seatntii' Htia'Db, mac CGoTia, fnic peayisail, agaf TTltiiia- cbeaficacti O'Cionga, o^^tjam an ■oa ci-p.- CCg ym a fioibe tjo Ceineat Piacliacli agamn. CC5 ■jroa ■fioibe ■DO 'DBcTiaiT) an ti-Sionntngb ogtiinn, .1. an Sionnucb ■Rem, agii'jp ■oa mac ©amumn, .1. mtii-p,c1ieaifi.cac aguy Pel,im, ogti-p "oa mac Oyiiain Ti-Sion- ntngb, .i.-byieaipat agtif Cticincbi ; ajuy" TTluiii.clieaificac'h, mac &05- Tiam, mlc'Cbaros Onoifie, .1. ol.taTti an -Sbiorintusb. CCgiiip mi-pi Sea- mui^ O'Cionga, mac Caitib^M 1 Ci- onga, 7)0 bi tjo tacliiiT, an ctmna^i- ca Tjo 'Dbeantim,a5i;iy ■do ■pgyuobli e, agu'pa StiTObe CC'oliamndm T)0Yim- nea'Dh an cunn-p.ti'oTi -po agnp ■oia ceH'oaom tjo ■h-)r'tinn|ia'6, agup 'oia b-CCome fho pgifviolja'D 6, agtip 05 po aoip an "CijeaKina an can po .1. 6 blia'ona agu-jp 20, 11. 100 f^eo 1000 btia'oam, agup an -Dayia la 20 vo mi CCgupctip. •5* fflipi tTlac ftocosoin. W TTliipi an -SmTiacb. anngmT) 1111 •pcpcci'DO fill bee nglcnc .... ncpp.bbpicpopipsifiBnsnpcDC bpuil a n-difiinn. •rSmnictann &am«mnb-8ionntii5. •s* Smni cUtnn bbjviain b-Sionniiij- left to the man in possession. Not this alone, but whenever he [Mageoghegan] shall not endeavour to shelter and dis- train for the Fox and Muinter Thadh- gain as he would for his own mansion, he shall not have rent, privilege, or lordship over them, but every man shall be for himself. These are the witnesses of this covenant, viz. ; Mageoghegan and God before him ; and Marcella, the daughter of Christopher ; and O'Breen, i.e. Thomas Buidhe, the son of Eoghan O'Breen, of Craebh ; and the parson O'Senchain, i.e. Cuorichi ; and Eoghan O'Cionga, the son of Diarmaid Duhh ; and James Euadh, the son of Aedh, son of Ferghal ; and Muirchertach O'Cion- ga, the chief poet of both territories. These are all we had present of the Cinel-Fhiachach. Here are all of Fox's country that were with us, viz., the Fox himseU ; and the two sons of Ed- mond, i. e. Muirchertach and Felim; and the two sons of Brian Fox, i. e. Breasal and Cucrichi; and Muircher- tach, the son of Eoghan, son of Tadhg Onoire, i. b. the chief poet of the Fox. And I am James O'Cionga, the son of Cairbri O'Cionga, who was present at the making of this covenant, and who Avi'ote it ; and it was at Suidhe Adham- nain this covenant was made, precisely on Wednesday, and on Friday it was written ; and this is the age of the Lord at this time, six years, and twenty, five hundred 'and one thousand years, and the twenty-second day of the month of August. ►j^ I am Mageoghegan. V I am the Fox. aiingind iiii scftidoiiiibecnglent . . . • ncsrblisioscsisgrbngnsdc. That is in Ireland. *^ We are the sons of Edmond Fox. ^ We are the sons of Brian Fox. i6oo.] CHANCERY, IRELAND. 375 my castles, manors, seignories, chiefries, fishings, weirs, waters, ad- 41 vowsons, donations, courts leet, view of frankpledge, and all my jgu^abeth possessions as well spiritual as temporal, in the whole barony and '' - ■ territory or lordship of Kilcourcy, commonly called Mounterhagan or the Pox, his countrie, in the King's countie ; which countrie is divided into three parts and parishes, viz. : — ^the parish of Shantway, the parish of Eoghan, and the parish of the Moy and Monterdowlih, and contains three carews of land or ploughlands, part free and part chargeable ; and I most earnestly pray and desire that this my sur- render may be entered and enrolled of record in Chancery, there to remain perpetually of record. — March i, 1599. " Signed, H. Fox." Memorandum that Hubert Fox came into Chancery, and prodac- ing the surrender in the preceding article mentioned, prayed that it might be enrolled. Signed, Adam Dublin, Cane. 82. Grant to Hubert Fox of all the castles, manors, seignories, lands, tenements, rents, reversions, presentations, donations, waifs, strays, fishings, ponds, weirs, and other possessions, as well spiritual as temporal, within the whole barony, territory, or lordship of Kil- courcie, commonly called Mounterhagan, or the Fox, his country, in the King's county; To hold to the said Hubert and his heirs male; remainder to Brissel Fox, son of Art, brother of Hubert, and his heirs male ; remainder to Owen Fox, of Lisimiskie, uncle of Hubert, and his heirs male ; remainder to Phelim Fox, of Tolghan ne Brennye, and his heirs male ; remainder to Bressel, son of Neile Fox, who lately died in her Majesty's service. To hold by knight's service, namely, by the twentieth part of a knight's fee, as scutage runs, and by the ancient service of four footmen at every general hooting, as Hubert and his ancestors were accustomed to furnish. Permission to hold a court baron, and twice a year a coui^t leet at such time as by the statute is limited, within any part of the lord- ship of Kilcourcy, before Fox or his sub-seneschal. — Nomination of Fox seneschal of the country, with authority to hold pleas, and dQ and execute all things which properly and usually belong to a court baron and court leet. — Dvlblin, April 4, 42°. Membrane 28. 83. Appointment of Sir Greorge Carewe to the office of Lord President of the province of Munster, in as ample manner as Sir Thomas Norris or any other president held that offiee; with autho- rity to rule and govern the people of that province, with the advice of the Council : To hold during pleasure Dublin, March 6, 42°. 84. Pardon of Richard Pursell, of Brownstowne, in the county of Tipperary ; FitzThomas, Purcell PitzJames, PurceJi Fitis^il- 576 PATENT AND CLOSE ROLLS, [i6o'Oi 4» liam, O'Laffre, O'Doghen, Purcell, O'Dullany^ Elizabeth. O'Gormocan, O'Meagher, O'Pogertie, and others. — Ditblin, Sept. 22, 42°. Membrane 30, 85. Pardon of Walter M'Edmund, of Boolyboye, in the county of Dublin ; Dorothy Toole, his wife ; Alexander Daniel, of Fasagh Kebane, in the county of Kildare, and others. — Dublin, June 13, 42°- Membrane 31. 86. Pardon of Thomas Warren, of the Navan, and Richard O'Hone, his servant. — Dublin, May 5, 42°. 87. Pardon of William Eustace, of Castlemarten, in the county of Kildare. — Dublin, March 15, 42°. Membrane ^2. 88. Pardon of Murtagh OofBe, Owen CoflBe, Thomas Coffie, Owney O'CoflSe, in the county of Westmeath, and others. — No date. [Incomplete.] 43 Patent Roll, 43° Elizabeth. — i6ot. Elizabeth. Membrane i. 1. Pardon of Shane Duffe M'Thomas, of Robertistowne, in the county of Meath ; Patrick M'Thomas Duffe, Gale Duffe PitzEdmond, Neyse bane Duffe, Patrick Oge Duffe, Farsie Goed Duffe, Patrick bane O'Brady, of Drakeston ; and Connor Boyle, of Kilpatrick. — Dublin, May 10, 43°. 2. Similar pardon of Shane Oge O'Reyly, of Clomevaghan, in the county of Oavan, gentleman. — May 22, 43°. 3. Similar pardon of Tirrelagh M'Arte O'Melaghlin, of Kilnetne, in the King's county. — May 9, 43°. Membrane 2. 4. Similar pardon of John Bourke, of Brittas, in the county of Limerick. — May 6, 43°. 5. Similar pardon of Thomas Butler. — May 10. 6. Similar pardon of Donell M'Cartie. — May 14. 7. Similar pardon of Redmond Keatinge, of BallymoUerau, in the Queen's County, and others. — May 6, 43°. 8. Similar pardon of Donell O'Donovan, of Castledonovan, and others. — May 14. i6oi.] CHANCERY, IKELAND. 577 Q. Similar pardon of John Bourke, of Knockintancastlan, and 43 others.-ifay 14. EUzabeth. 10. Similar pardon of Morgan M'Brian Oavanagh, of PoUmonty, and others. — May 30. 11. Similar pardon of Morel O'Mahowny, and others. — May 14. 12. Similar pardon of Donogh oge O'Dwine, of the county of Westmeath. — June, 10. 13. Similar pardon of John M'B,edmond, of Imokellye, in the county of Cork, and others. — Aug. 18. 14. Similar pardon of Edmund O'Brimighan, of Carrick, and others. — Bee. 3, 43°. 15. Grant to George More of the town and lands of Morishtown, in the county of Kildare, 12 acres, late iu the tenure of David Sutton, parcel of the possessions of the late priory of Connall ; 19 acres arable in Oughterard, in the county of Kildare, now in the tenure of Hugh Jones and Richard Linche ; 4 acres in Oughterard, now unoccupied; 16 tenements, with gardens, 7 acres arable, and a park containing one acre of pasture, and two tenements, in the town and lands of Oughterard ; 4 acres arable, another park in Oughterard, in the tenure of Patrick Croghane, late the posses- sions of Patrick O'Brian, of Oughterard, deceased : the rectories, churches, or chapels of Killkidye, Killmahorock, alias Killmurrie, and Killbradaine, in the county of Limerick, with all tithes, oblations, glebe lands, and profits, thereto belonging, with the presentation of the vicarages of Killkidy, Killmahoorka, Killbra- daine, parcel of the possessions of the late priory of Athasshell ; the rectory, church, or chapel of Saint John, in the suburbs of the city of Limerick, with all tithes, oblations, and obventions thereto belonging, parcel of the possessions of the late abbey of Holy Cross ; the rectory, church, or chapel of Virgare, in the county of Limerick, with all the tithes, oblations, profits, and the presentation of the vicarage, parcel of the possessions of the late religious house of Tymolin ; the chapel or church of (Camus), in the county of Limerick, with all the tithes thereto appertaining, parcel of the possessions of the late warden, minister, or prefect, of the monastery of May, in the county of Limerick ; the rectories, churches, or chapels of New Grange of Dunmoylin, with all the tithes thereto appertaining, and the presentation of the vicarages, parcel of the possessions of the late religious house of Monaster-ne- gilaghe ; the rectory, church, or chapel of Killogholichane, with all the tithes thereto appertaining, and the presentation of the vicarage, parcel of the possessions of the monastery of Kells ; To hold for ever in common soccage, and not in capite, or in soccage in capite. — Bvhlin, Aug. 18, 20°. VOL. ir. 2 p 578 PATENT AND CLOSE ROLLS, [i6oj. ^,. ■*! ,, Membrane 5. Elizabeth. Peoclamation touching the Coinage of Harps and Ikish Monet. Elizabeth R. By the Queen. 16. Her Majesty, finding by the records of both her realms of England and Ireland, that in times of divers her progenitors, Kings of England and Ireland, it hath been accustomed as a thing, found by them convenient, for the good of the loyal subjects of both realms, that there should be a difference betweene the standard of the moneys allowed to be currante in each of her realms; and knowing by many laws of her relme of England, namely, by one made in the third year, and one other in the nineteenth yere of her Majesty's grandfather, of famous memory. King Henry the Seventh, that the transportation of moneys of the coyne and standard of England into this her relme of Ireland, is severely for- bidden, under great penalties; perceiving also by experience in some parte heretofore, but more fuUie and apparentlie now of late years, since the last rebellions, which have caused her Majesty to sende greate soms of money into this realm for the payment of her armie and for other services, that a great part of such moneys, into this realme sent, do either come into the hands of the rebells by divers slights and cunnings of theirs, who, by the use and means there- of, trafficinge in foreign countries, relieve themselves with such warlike provisions as they neede, as with powder, lead, match, arms, weapons of all sortes, and with wines, cloth, and other necessaries, without which they could not possibly so long subsist in their treasonable courses, bring so huge calamaties to the rest of our good subjects, and waste to the whole realm, or els the sterling moneys, as well in respect of their goodness, being better than the moneys of other countries, as also for want of merchandize wherein to employ them, which this countrie now, Speciallie since the rebellion, doth not yield, are partly by merchant strangers and partly by the natural merchants of the country, using trade in foreign countries, transported from hence to the said contries, to the inestimable losse and impoverishment, as well of the relme of Ireland, as also chiefly of her Majesty's relm of England; therefore, in her Majesty's princely wisdome she entered into consideratioij, with the advice of her Privy Council, how those great inconveniences might be avoided, and hath founde, after long and serious debatinge, that the readiest waye to prevent the same is to reduce the state of her monies to the ancient course of her progenitors, that is, to a differ- ence in fines (fineness) betweene the moneys of the realme of England and her realme of Ireland ; and for that purpose hath caused great quantities of moneys, according to that auncient standard, which was in use for this realme in the days of her Ma- jesty's father, brother, and sister, to be coined here into several peeces of shillings, six pence, and peces of three pence, stamped with her Highness's arms, crowned, and inscription of her usual stile on i6oi.] CHANCERY, IRELAND. 579 the one side, and on the other with an harpe crowned, being the '•^ arms of this her kingdom of Irelande, with the inscription "posui El izabe th. Dewm adjutorem mmm" and also certain pieces of smalle moneys of mere copper, of pence, halfepence, and fartings, for the use of the porer sorte, stamped on each side as the other, and the same monies so coined, hath sent into this her reahne of Ireland, there to be established as the lawful and currant moneys of this realme, and so to be uttered and used, as well to her armye and oificers, in payment to them, as also to all other her subjects of this realme and others. heere abidinge or hither resorting for traffique and intercourse of buying, selling, and all other manner of trading amongst themselves, which said coines as well of silver of this new standard, as also of mere copper for small moneys, her Majestie doth hereby publishe and make known to all men to be from henceforth, immediately after the publishing of this proclamation, h«r coine of moneys established and authorized to be lawfuLand currant within her realm of Ireland and proper to this kingdome; and doth expresslie will and command the same to be so used, reputed, and taken, of all her subjects of this realme, and of all others conversinge here ; and that they or any of them, after the day of the publishing hereof, shall not refuse, reject, or deny to receive, in payment of wages, fees, stipends, or payment of debts, or in bargaine, or ioi any other matter of trade, commerce, or dealinge, between man and man, anie of the said moneys of either kinds, either mixt of silver or pure copper, but that they shall receive and accept the same at such values and rates as they are coined for, viz., shillings for shillings, pieces of six pence for six pence, and so of all other the several kinds of this «coine respectively ; denouncing hereby all such as shall be found wilfullie and obstinately to refuse the moneys of this new standard, on being tenderjed to them in payment, or in any dealings between partie and partie, and that tbey shall for their contempt receive such punish- ment as by her Majesty's prerogative royal may be inflicted upon persons conterrininge publique orders, established for the universal good of this her realm. And to the end that the moneys may the better have their due course and passage among her Majesty's subjects of this realme, and the good intended to both the realms the more speedily take place, her Majestie doth hereby also publish and make known that her pleasure is that after . . . immediately following the day of this proclamation, all other monies, heretofore established to be currant or used as lawful or currant moneys within this kingdom, shall be decryed, adnuUed, and called down, and no other monies of what coine, nature, mixture, alloy, or fineness, now used in this realme of Ireland, be they either monies of her JSIajesty's owne coine and stampe currant in England, or of any her predecessors, or of any foreign realmes permitted heretofore to be currant here, shall be anie longer currant within the realme of Ireland, nor oflfered or received by any person here inhabiting or conversing, in any manner of dealinge amongst men; but that all stich monies be from that dale forwarde, held and esteemed for bullion, only meet to be VOL. II. 2 P 2 586 PATENT AND OLOSB KOLLS, [1601. 43 moulten down and brought into her Majesty's mint or exchange Elizabeth. l,ere, as hereafter is expressed. And although this open and publique notification of her Majesty's pleasure be and ought to be, to all ber subjects and others in this realme, a sufficient declaration and warrant, as well of the author- izing of the monies of the new standard, now appointed to be cur- rante, as also the calling downe and decrying of all other monies whatsoever, from anie use here, either publique or private, yet her Highness being a prince, that in her gratious disposition doth ever affect to make all her actions clear and allowable in their own nature, rather than in the power of supreme authoritie, intending in this cause to give to all persons such satisfaction as is reasonable, as in the daies of her progenitors, when such monies were in use was not offered, doth likewise hereby make known that she hath established an exchange to be had and maintained in convenient places in both her kingdoms of England and Ireland, namely, in Irelande at Dublin, Cork, Galway, and Carrickfergus, and in Englande at London, Bristol, and Chester ; at which places shall be continually, from henceforth, resident officers of her appoint- ment, and in other places also of both realms, where it shall be con- venient for the ease of her subjects; at which places, and by which officers, all her subjects of either her relmes of Englande and Ireland, and all others resorting into this realme of Ireland, in trade of merchandize or otherwise, shall and may, from time to time, ex- change and counte, as well moneys currant of England into moneys of this new standard of Ireland, as also moneys of the standard of Ireland into moneys of the standard of England at their pleasure, in manner as is hereafter expressed. First, all persons being either her Majesty's subjects or the sub- jects of anie Prince or state in amitye with her Majesty, who shall bring to any place of exchange within Ireland, any monies of the coine of her relme of England, or the coine of anie foren countries, or any plate or bullion, being of the fineness of the standard of England or better, desiring to receive for the same in England, monies currant of England, shall receive from the officer in Ireland a bill, directed to such place of exchange in England where the partie shall desire to have his payment, by which bill he shall receive of the officer in England, not onlie in monies of England, value for value of the monies, plate, or bullion, delivered in Irelande, but also an overplus of six pence English upon every twentie shil- lings English by him delivered by tale, or of eighteen pence Englishe upon every pound weight of such monies, plate, or bullion, delivered by the partie by weight; and after the same rate for more or less in quantitie or nomber delivered by weight or by tale. All persons being her Majesty's subjects, or the subjects of any Prince or state in amitie with her Majesty, who shall have in their hands anie quantitie, or some of the monies of this new coin, ap- pointed for her Majesty's realme of Ireland, and shall be desirous to receive for the same, in England, monies currant of England, and thereupon shall deliver to anie of her Majesty's officers of the ex- i6oi.] CHANCEEY, IREtAND. 581 change in Ireland, such soms of money as he is desirous so to ex- 43 change, he shall receive of the said officers in Ireland, a bill directed Elizabeth, to such place of exchange in England as shall be desired by the deliverer; by which bill he shall receive of the officer in Englande, to whome the same is directed, the like some of moneys of England by tale, as by the bill it shall appeare he shall have delivered in Ireland, wanting only twelve pence in the pound, so as for every twentie shillings of the new coine of Ireland, delivered in Ireland, he shall receive in England, nineteene shillings currant money of England, and after the same rate for more or less in quantitie, delivered in Irelande. If anie person having in his hands, within the realm of Ireland, monies currante of England, shall be desirous to exchange the same for monies now appointed to be currant in Ireland, the officer of the exchange there, to whom he shall bring anie some of English money, to be exchanged, shall deliver to him for every twenty shillings of English money received, one and twenty shillings of the coine of Ireland, and after that rate for more or less in quantity received. If anie person, being her Majesty's subject or otherwise, having cause to resort unto the relme of Ireland, shall be desirous to ex- change monies currant of England into monies currant of Irelande, for his use there, and shall deliver, to that ende, anie English monies to anie of her Majesty's officers of exchange here in England, the said officer shall deliver unto the said person a bill directed to such place of exchange in Ireland as the deliverer shall require, by which bill the officer of exchange in Ireland, receiving the same, shall de- liver to the bringer thereof for every twenty shillings English delivered in Ireland, one and twentie shillings of the new coine of Ireland, and after the same rate of more or lesse in quantity de- livered. And as there are at present divers ould coines of base aloy within that her Majesty's realrae of Irelande, used and passing in payments between men, which being now decried, adnulled, and called down, her Majestic doth think fit to have the same brought in and reduced to one uniform coine of this new standard ; her Highness is there- fore pleased, that every person, who shall have in his hands any quantitie of such base coyne, and shall bring in the same to anie of the officers of her exchange here in Ireland, the officer receiving the same shall deliver to the bringer, money for money, of the moneys of this new standard now appointed to be currant in Ire- land. And as this notorious inconvenience cannot be prevented without there be a due observation of such laws of this realm of England as heretofore has been made, restraining the transporting of the moneys currant in England into that realnie of Ireland, in specie, wherein great disorder hath been of late yeres committed, and thereby great inconvenience ensued, her Majesty doth straightlie charge and com- mand all magistrates and officers to whom it shall appertain, to see severe execution of such laws as prohibit the transportation of her coines of England into Ireland ; and, namely, one statute made in 582 PATENT AND CLOSE ROLLS, [1601. , . 4.^ the 19th year of the reign of her Majesty's grandfather, of famous memory, King Henry the Seventh, her Majesty's purpose being, by this proclamation, to admonish her loving subjects of both her realmes, and all others trading in Ireland, that they shall from henceforth forbear all transportation of monies into Ireland, for that her Majesty will cause the former laws prohibitting the said trans- portation to be so straightlie looked into and executed, as the pen- alties thereof shall fall heavilie upon the offenders against the same, without any hope of remission. — No dale. [On the Roll of the 16th of James the First, fifth part, dorso, is the enrolment of the preceding : described as a " proclamation for the issue of a new coinage for Ireland, of shillings, sixpenny and three- penny pieces of silver, and of pence, halfpence, and farthings of copper, at a standard of reduced value, viz., 20s. Irish to be worth igs. English, and 20s. English, 21s. Irish. Exchanges established at Dublin, Cork, Galway, and Carrichfergus, and at London, Bristol, and . Chester. The old base and clipped coin to be called in, and the transport of English coin into Ireland prohibited." — May 20, 43° Elizabeth. ■ , On the same Roll is a proclamation by the Lord Deputy to call in the old coin, and to prevent frauds in exchanges. — gth June, 1602. , And on the 12th January, 1602 ;(a) another proclamation was issued ■ to confirm and explain the preceding. On the same Roll is an order of Council stating, that the king hav- ing thought meet to establish a new standard of 9 oz. fine silver, being the antient standard of the kingdom of Ireland, and to reduce the base mixed moneys of 3 oz. fine to their value in silver, as stated in his Ma- jesty's letter of the I'jth September, in the first year of his reign, directs that from the nth of October, each coin of the new standard of 9 oz. fine, bearing the name of a shilling, shall pass currant for i2d. ster- ling, and all other pieces of the new standard of silver rateably ; and in order to maintain a similar rateable proportion between the base mixed monies now current, and the new standard, that the mixed moneys shall be called down to the value of a third part of a piece of I2d., and be current for ^d., notwitlistanding the issue of the finer monies ; also that monies of mere copper, as pence and halfpence, shall still be current at the rate they now are in Ireland, provided that no person be bound to take above go*, in £100, and after that rate in greater or lesser sums, viz., the 4.0th part of the payment in such cop- per pence or halfpence, " which are kept current chiefly for the relief and sustentation of the lives of the poor, who are not able otherwise to M At a very early period, money was coined by the " mere Irish" for the purposes of traffic. On the Statute Roll of Edward III., 1339, is an ordinance reciting that " certain Irishmen (homines Hibernici, mere Irishmen) have corned the black money sailed Twmeys, in the parts of Ireland (in partibus Hibemicie), and that they and others buy and sell merchandize, victuals, and other commodities for the same, in deterioration of our sterling money, and to our great loss and damage."— In the ■ 2jth of Henry the 6th, was passed an act against the money called " O'Reyley's Bj^ey," and against " Irish money called Eeyleys," which had bten coined by Reilly, Lord of Cavan. i6oi.] CHANCERY, IRELAND, , S83 help iliemselves than hy the charitable devotion of others; and, there- . -^ , fore, those who sell victuals or other commodities fit for their relief, are 'E H^n.lTgt h. charged and commanded to receive of them the said pence and half- pence to the amount of ^d. ai a time" All persons are directed to observe this order on pain of 40 dayi imprisonment without bail or enlargement, and such other fine and punishment as the Lord Deputy may think fit. Also, if any persons show themselves obstinate in disobey- ing it, or in selling their commodities ai unreasonable prices, all mayors, sheriff's, and other public officers are directed to take especial care to have this wder observed, and, to use their best diligence in setting rea- sonable prices on victuals and other commodities, and in apprehending all who shall impugn it, or heep their commodities at higher rates than they shall be reasonably prized at, and to commit all transgressors to gaol till the Lord Deputy's pleasure be known. — Dublin Castle, Oct. il, 1603. This is followed hy another proclamation reducing the value of the old mixed money, so that the coin hxbherto passing for I2d. shall here- after pass for 3d. — January 22, 2nd James I. On the same Soil (article 2g) is another proclamation stating, thai by the new standard of coin ofg oz. of fine silver, which was the aiicient standard of Ireland, the harp shilling was to pass for lid. sterling ; and an error having arisen as if every such shilling should pass for i6d. English, whereas the meaning of the proclamaiion was that the harp shitting should be 1 2d. Irish, according to the old standard of the realm, which in true value is but gd. To correct this error, the term " sterling" is to be abolished in Ireland, and the shilling is to be stiled T2d. Irish, or I2d. of the current money of Ireland. — DullimNov. 11, 4iA James I., 1 606. This is followed by another proclamation revoking the late Queen's order against the admission of English coin into Ire- land except as bullion, and to make the twelve pence or shilling of Eng- land pass current in England for j6d. of the current money of Ireland of 9 oz. of fine silver, — Dublin, May 19, ^th James I. And a procla- mation prohibiting goldsmiths or any other persons, except the officers of the mint, from melting down the gold or silver coin of the realm, in order to sell it as bullion, or work it up into plated ware. — Greenwich, May 18, gth Jam^s /.] Membrane 7. 17. Indenture whereby Sir Edward Moore, of Mellifonte, in the county of Louth, covenants with Henry Moore, son and heir of Sir Edward, Robert Blunte, and Caret Moore, in consideration of the better maintenance and continuance of his lineage and blood, and for the fatherly affection he bears to the said Henry and Garret, that he will stand and be, seized of all the lands and tenements of which he is possessed, of an estate of inheritance in the county of Kent, in England, to the following uses, namely, to the use of the said Robert Blunte for the term of 5 years, for payment of the debts of the said Sir Edward, and after the expiration of that tprm, to the use of Sir Edward for life ; on his decease to the use of Henry, his 584 PATENT AND CLOSE ROLLS, [i6ot. 43 son and heir, and his heirs male, remainder to Garrett Moore and Elizabeth, his heirs male, remainder to the heirs male of John Moore, father of Sir Edward, remainder to the right heirs of Sir Edward for ever. — Dec. 4, 24°. 18. Pardon of Redmond Terrell, of the Place ; William Terrell, of Newcastle ; Redmond Terrell, James Darcy, of Rathduffe ; Red- mond Terrell, of Tirellston ; Philbrick Terrell, of the same place ; Richard Terrell M'Shane, Morish Terrell, Gillermon O'Daly, Teige Ballagh O'Daly Piers, of Tristernagh, and others. — Dublin, May 28, 43° Membrane 9. 19. Pardon of Edward Malone, of Kilgaran ; Brian O'Malone, Daltons, Pettits, M'Geoghegans, O'Coffies, Tirrells, O'Sheils, Foxes, and others. — Sept. 8, 43°. Membrane 11. 20. Pardon of Donell M'Arte O'Molloy, of Kilury, in the King's county. — Dublin, May 29. Membrane 12. 2 1. Pardon of Neyle Garrowe O'Donnell, chief of his name ; Hugh Bonye O'Donell, Donell O'Donell, and Con Oge O'Donell, brothers of Neyle Garrowe ; Caffry Oge M'Caffry O'Donell, Hector O'Donell, CafTry M'Hugh boy O'Donell, and others. — Dvhlin, March 20, 43°. Membrane 16. 22. Grant to Connor Roe MacGwire, of Iniskillen, Chief of his Sept, in the province of Ulster, of the entire country called Farman- agh or Magwires country, with all manors, castles, woods, moun- tains, waters, mills, courts leet, view of frank pledge, and all things which to a court belong ; all which were lately granted to Co- connaght Magwire, of Inniskillen, Chief of his sept, by patent dated 17th January, in the 28th year of her Majesty's reign ; To hold for ever, in capite by knight's service — that is to say, by the service of two knights' fee, as scutage runs. — Rent £120 sterling, and a " caste" of good goshawks, at the Feast of the Nativity of Saint John the Baptist. — MacGwire undertakes to answer all hostings and journeys with 20 horse and 80 foot, accoutred in warlike manner, namely, 30 expert bombards called " good shotts," and the residue "kern," with provisions for 40 days. He undertakes not to succour any traitor in his country; he will maintain and support her Majesty's officers and ministers, and when required he will furnish 80 men armed with instruments called " tools," to serve in any part of the province for six days, and will provide the army, when required, with a sufficient number of cows, receiving for each, payment accord- ing to the accustomed rate ; he will observe the articles of compo- i6oi.J CHANCERY, IRELAND. 585 sition which shall be established for the better rule and peace of the 43 country ; he shall have a moiety of the goods and chattels of all at- Elizabeth, tainted felons, and of all waifs and estrays in his country ; a court baron and view of frank pledge for his tenants; and all those privi- leges, her Majesty promises, shall be confirmed by the next parlia- ment. — BubUn, Feb. 20, 43°. 23. Grant to Florence Pitzpatrick, Lord Baron of Upper Ossory, of the site, ambit, and precinct of the late monastery of Aghamac- kairt, alias Aghamaciartie, in the county of Kilkenny, in Upper Ossory, containing one acre and a half, 22 acres of great measure, parcel of the demesne of the monastery ; an acre of wood and an acre of moor, in Aghamaekairt ; a water-mill, and the tithes of grain and hay of the rectory or church of Aghamaekairt j and the tithes of Coulkill, in Upper Ossory. The site, circuit, ambit, and precinct of the late friary of Athbone, alias Aghavo, in Upper Ossory, containing one acre, great measure, twelve cottages, with their appurtenances, in Athbone ; fourteen acres of great measure, two acres meadow, and two acres bog, in Athbone, which had been demised to Daniel Kelly, by patent, for thirty years from the Feast of Easter, in the thirty-fifth year of her Majesty's reign j the rectory of Coulkerie, parcel of the possessions of the late monastery of Thomas-court, near Dublin ; the rectory of Athenniaghe, the rectory of Agtert, alias Beghert, alias Birke ; and the rectory of Killine, parcel of the monasteries above mentioned. The donation, advowson, and presentation of the rectory and vicarage of St. Kenny, of Aghavo ; To hold for ever in fee-farm. Rent, £23 8s. 2d Dublin, April 10, 43°- Membrane I 'J . 24. Grant to Sir Richard Greame, knight, of a castle, with the appurtenances, in the town and lands of Rahine and Deere, ia the Queen's County, with 717 acres in Rahlue, Deere, Shanganagh- begge, Kilmarone alias Kilmolrone, Ballelilan, Agharrowe alias Aghenoure, Ballecormaue, and a moiety of Ballegan, in the Queen's ' County, late parcel of the possessions of Edmond M'MuImorie, at- tainted ; the lands of Rahinduflfe, Crimorgan alias Glamorgan, the advowson and presentation of the rectory of Kilbride, parcel of the possessions of Patrick M'Lishagh M'Murtagh Oge O'Moore, attainted • the lands of Dowarrie and Moneduff, Rahaspike alias Rahaspoke ' Balliclee, and MoneneboHe, in the Queen's County ; To hold for ever, as of the castle of Maryborough, in capite, by knight's service that is to say, by the service of the fifth part of a knight's fee as scutage runs. Sir Richard undertakes that, when required, he will attend with the greater part of his tenants and domestics, armed in warlike manner, and with provisions for three days, on the Lieutenant Deputy, or Governor, to serve against the Irish ; he will answer all hostings, according to the rate and value of his lands ; maintain and 586 PATENT AND CLOSE EOLLS, [1601. 43 keep nine gallowgksses and four footmen of English nation, name, Elizabeth, and blood, and provide suitable horses and arms, as well oflfensive as defensive ; he will not use the Brehon law in any case or against any person responsible to the laws of the country, and he will adopt the English rule, language, and apparel, as far as he possibly can. — Dublin, Sept. 26, 43°. Membrane 19. 25. Grant of the custody, wardship, and marriage of Donell O'Ma- howne, son and heir of Donat O'Mahowne, late of Artinau, in the country of Carbrie, and county of Cork;, to Sir George Carewe, knight. — Dublin, May 30, 43°. Membrane 20. 26. Grant of the custody, wardship, and marriage of Marcus Novell, idiot, son and heir of Eichard Novell, late of Ambrostowne, in tlie county of Wexford, to Walter Archer. — Dublin, May 30, 43°. 27. Appointment of Thomas Griffon to the office of Janitor of the Castle of Dublin, with a fee of is. a day, in as ample manner as Eobert Cooke, William Eeylande, William James, William Foster, or Thomas Clinton, held that office ; To hold during good behaviour. -^Dublin, May 7, 43°. 28. Appointment of John Crosbie, prebendary of Disert Enaes, ^^ to the bishopriok of Ardfert and Aghadoe, in the diocese of GasheLW ^^^ — Dublin, Dec. 15, 43°. Membrane 21. 29. Consecration of John Crosbie, Bishop of Ardfert. — Same date. 30. Eestitution of the temporalities. — Same date. 31. Appointment of Sir Charles Wilmott to the office of Constable of the Castle of Castlemaigne, in the province of Munster, during good behaviour ; in as ample manner as John Savage, Thomas Springe, or Warham Sentleger, held that office Dublin, Dec. 8, 43°. Membrane 22. 32. Appointment of Walter Skurlocke to the office of her Ma- jesty's Attorn ey-at-Law in and throughout the province of Con- naught, during good behaviour, with a fee of £20, payable out of the fines, issues, and amercements of the province. 33. Grant to Charles Plesington of a pension of 8s. a day for life, chargeable on the accounts of the Treasurer-at-War. — Dublin, May 8, 43°. - (ai The Eoyal 'Visitation of 1615 describea him aa being "Bomo admodum BivUis coram nobis." The Queen's letter speaks of him as " a graduate in sohoolB, of Eng- lish race, and yet skilled in the Irish tongue ; well disposed in religion." M fill . fUiiSitvu.fiUjji.'^d-hi^. i6oi.] CHANCERY, IRELAND. * 58? 34. Grant to Neal Garrowe O'Donell, chief of his name, of the 43 custody of the country or territory of Tirreconnell, in the province Elizabeth, of Ulster, with all lordships, manors, lands, customs, rents, and ser- vices, -which had been granted to Calvert O'Donnell, grandfather of Neal; excepting the castle and town of Ballishannon, 800 acres of land adjacent; the fishings of the Earne, and all rights and royalties in Connalia, and the donations of the bishoprics, presentation of churches, and all lands and possessions as well spiritual as temporal; To hold during pleasure. — DuUin, March 18, 43°. Membrane 23. 35. Grant to Dudley Norton of the office of customer, collector, and receiver of the custom and subsidy of wines called "le ymposte," on every hogshead of wine which should be discharged in the ports of Dublin, Waterford, Limerick, Cork, Drogheda, Galway, Youghal, Carrickfergus, Wexford, Eosse, Kinsale, Dongarvan, Dondajke, Sligo, Carlingford, and Dinglehussey alias Dinginerequoishe, during good behaviour, in as ample manner as Thomas MoUineux held that office. — Dublin, last of January, 39°. Memorandum of Philip Hoare, factor or attorney of Dudley Nor- ton, on the 19th of August, 1601, and ini the 43rd year of her Majesty's reign, having attended in court, and tendered his resigna- tion and surrender of the letters patent, in the preceding article mentioned, into the hands of the Lord Archbishop of Dublin, Chan- cellor. 36. Surrender by Dudley Norton of the letters patent mentioned at No. 35. — March 14, 42°, 1599. ■37. Appointment of Philip Hore to the office of customer, col- lector, and receiver of the custom and subsidy of wines called "le ymposte," on every hogshead of wine which should be discharged in the ports of Dublin, Waterford, Limerick, Cork, Drogheda, Gal- way, Youghal, Carrickfergus, Wexford, Rosse, Kinsale, Dongannon, Dondalke, Sligo, Carlingford, and Dinglehussey alias Dinginere- quoishe, during good behaviour. — Dublin, April 24, 43°. Membrane 24. 38. Pardon of Donell O'Swillevant alias O'Swillevant ' bears, Dermot O'Swillevant, O'Donegans, M'Owens, M'Aulives,0'Muraghes, O'Howlegans, O'Gallvaines, M'Carties, and others. — May 9, 43°. Membrane 28. 39. Pardon of Thomas Butler, Lord Baron of Cahir ; Marie Pusack, Dowager Cahir ; and Ellinor, Lady of G^hJa.-^Dvblin, May 27. 43°- 588 PATENT AND CLOSE ROLLS, [1601. 43 40. Pardon of Randall M'Donnell, Neece M'Donnell, OoU M'Don- Elizabeth. nell, Hurten M'Donell, Alexander M'Donnell, Gorne M'Henry O'Hara, M'Pyes, O'Haras, and others. — Dublin, June 25, 43°. Membrane 29. 41. Pardon of Oliver Sourlock, of Scurlockston, in the county of Meath; Elizabeth Bermingham, Robert Sourlock, George Meiagh, Edward Meiagh, John Meiagh, Parrall Rourk, the M'Donnells, and others. — Dublin, April 29, 43°. Membrane 30. 42. Pardon of Bdmond O'Toole of the Corone ; Hubert Archbold of GlancuUinge ; Tibbot Archbold, Donnell M'Teige O'Rirne, Gahir Duff O'Birne, William M'Donogh, Philip M'Donnell O'Birne, Edmund M'Donogh O'Birne, Mortagh O'LarkanDonogh O'Birne of the Corone; Dermot M'Gillepatrick O'Birne, Murtagh M'Donlen of Killendare ; Morogh M'Teige, and Walter Wesley, of the Narrowe, in the county of Kildare. — Dublin, June 18, 43°. Membrane 31. 43. Pardon of Henry Davells, of Clonemilche, in the county of Carlow ; Elinor Butler, his wife ; John Butler PitzRichard, of Pennos Court, in the county of Kilkenny, and others Dublin, May 29, 43°. 44. Pardon of Hugh Buoy M'Callogh, of Tenekill, in the Queen's County; Fergus M'Hugh Buoy O'Pallons, M'Teige M'Derraot, and others. — No date. f In Doeso. Membrane 6. Elizabeth R. By the Queen. 45. The Queen to the Lord Deputy and the Lord Chancellor. — " Wee greet you well, and lett you wit that Sir Francis Shane, being speoiallie recommended to our princely favour, by letters from you and our Council there, hath by humble suit informed our Coun- cil here that he having entered into a communication with one Hugh Mostian, then a captayne in our pay, to sell him a lordship called Callo, in our province of Connaught, for which Mostian as- signed to Shane neere one thousand pounds, in bills, parcel of the entertainment due to him and his companie ; Mostian, notwith- standing, had secretlye pawned those bills with one Philip Coure, a merchant in Dublin, for £200, so as Sir Francis Shane was forced, before he could receive these bills, to pay the merchant £200, and so remained defrauded by Mostian ; and forasmuch as since that time, Mostian is become a notorious traytor, by reason whereof the ■ bills are, by our laws, at our disposition to be made voyde ; Shane hath made humble suit unto us that, the rather in respect of his i6oi.] CHANCERY, IRELAND. S89 discovery of this our title, we would be pleased to restore unto him 43 the X200 ; herein our pleasure is, that if it shall appears unto you Elizabeth, by examination that he had disbursed £200, for which those bills were mortgaged, and hath received no allowance or payment for any part of those bills, that then you give order by concordat for repayment of that £200 to Sir Francis Shane, and that our Treasurer- at-War there take into his custodie those bills to our use, to the end we be no further charged with the payment, neither the said Shane, in any way to be in danger to Mostian or his assigns, if at any time hereafter he shall deserve our princelie clemencie and pardon. " Moreover our Council have heretofore given direction that in respect the said Shane should remit to our use certain apparell due to his companie, he should, by our order, be remitted the arrerages of his rent due unto us to that value, wherein he now humbly craveth our royal assent therein, we require you, with the advice of our Treasurer-at-War, to call the officers before you whom it con- cerneth, and finding that such apparell appeare to ba due to his companie, that in recompense thereof, by concordat, he be remitted so much of arrerages of his rent due or hereafter to be due to us, as rateably may satisfie the value of the apparell, and so no way double charged. " And because we rest assured of his manifold and extraordinarie services done unto us, we require you that he be countenanced in our service and continued in our paye, with encrease of his number, if conveniently it may be, with such favour as may manifest to other our good subjects our princely regard of his services, to his and their eucouragement. — Given under our signet at our Manor of Green- wich, the nth of June, 1601, in the 43rd year of our reigne. " To our right trustie the Lord Mountjoy, Deputy of Ireland, and to our Chancellor or Keeper of our Great Seal." Elizabeth R. By the Queen. 46. The Queen to the Lord Deputy. — " Whereas the Bishopriok of Down and Connor, in our province of Armagh, remaineth yet unprovided of a meete personage to be bishop there ; in our princely care, being desirous to prefer such a one thereunto, as iu regards of his learninge to instruct our people, and of his other good parts, and sufficiencie to govern them to the continuance of their deuties and loyalties to God, and to us, their gracious soveraigne, should be worthy thereof; and having made choice of our well- beloved Robert Hampston, master of arts and preacher, to that charge of bishop of Downe and Connor, we have been pleased to signify the same unto you j willing and requiring you therefore, upon receipt hereof, to cause such letters and writs to be made as shall be requisite and necessary for his admission, consecration, and confirmation in the bishoprick, with all manner of rights, duties, pre- eminences, and jurisdictions any wise belonging to the bishoprick, in 599 PATENT AND CLOSE ROLLS, [1601. 43 as ample manner as any other bishop of Downe and Connor have EUza'beth. herfetofore had." — Manor of Greenwich, July 17, 1601, 43°. To the Lord Mountjoye, Deputy of Ireland, and to any other officer or minister to whom it may appertain. Elizabeth R. By the Queen. 47. The Queen to the Lord Deputy and the Lord Chancellor. — " Right trustie : our well-beloved, the Earl of Thomond, hath at- tended us here at our court to express his dutifulness to us, and now we think it fitt that he returne unto that our realme to follow our service there, being well informed that through his good govern- ment and valorous parts, and by reason of our martial authority committed unto him in our county of Clare, he hath continued our subjects of that countie in better obedience and civilitie than any other parts of the province of Connaught ; we therefore lett you know, that in respect of his long approved loyaltie and manifold ser- vices, and the desire we perceive he hath, that our subjects in that our kingdom may be reduced to their former established peace; we think it meet, and so will and require you, for the better manifesta- tion of our favour towards the earl, and the confidence and trust we repose in his service, that his commission for the martial authority be renewed and continue during our pleasure; and we also give order from time to time that in all commissions of oyer and terminer, gaol deliverye, and determining of civil causes, for the better preserva- tion of our peace, the said Earle be evermore associated and joined in commission next unto our President and Chief Justice; so the President and Chief Justice be of the quorum. " And forasmuch as our county of Clare was, of antient time, within the government and precinct of our province of Munster, until of late annexed to our province of Connaught, which we under- stande was, upon some untrue surmise, made by our Commissioners for Connaght, to the grievance and dislike of our subjects of that countrie : our pleasure is that you, our Deputy and Council there, shall speedily consider of this information, and if you finde it not evidentlie an hinderance to our service, that then you speedily give order that by revocation of our former commission and lett^s patent for government of those several provinces, and by granting new commissions of like authority and effect, and by all other ways requisite in lawe, you cause our county of Clare to be reunited and annexed to our province of Munster, and to be reduced under the order and government of our President and Council of Munster, which we are persuaded will be for the advancement of our service and the good liking of our loving subjects in those parts. " Lastly, forasmuch as this nobleman is now returning with alacritie and desire to do us service, and as he is like now to live under your eye, seeing that province is like to be made the seate of the war which we know you mean to attend, we hereby recommend him unto you to be countenanced and graced in any place or em- ployment' which you. shall think fitt to call him unto ; and that he i6oi.] CHANCERY, IRELAND. 591 may have his company of two hundred continued at the number it 43 is, notwithstanding any general order for alteration, until you re- Elizabeth, ceive our particular direction for the same. ' Our further pleasure is, that upon the renewing of his commission he shall be allowed the former entertainment of los. by the day for the same. — Manor of Richmond, Oct. 4, 43°. " T6 our right trustie the Lord Mountjoy, our Deputy, and to our Chancellor of that realm now being." Membrane 6. 48. Pardon of Edmoixd Harrold, Robert Harrold, Nicholas Har- rold, Thomas Harrold, Donogh O'Birne, Edward M'Cahir glasse, Rory O'Ferrall, and others. — Dublin, May 29, 43°. Membrane 7. 49, Pardon of William PitzGerald, of Rathconan, gentleman ; Edmund M'Shane, Edmund M'Thomas, and others. — Dublin, April 21, 43°. . , Membrane 8. . go. Pardon of Morrogh M'Shihie, of Ballyalyan ; Honor ny Brien, his wife ; Mortagh M'Shihie, M'Mulmory, O'Con- nor, ^ Maghan, M'Murtagh, O'Leaghie, and others. — Dublin, March 30, 43°. Membrane 11. 51. Pardon of Patrick Bradie, of Tonemore, in the county of Cavan, merchant; Barneby, his son; William Bradie, Tirlao-h Bradie, Philip Bradie, Donell Bradie, Terence Bradie, Hugh M'Donel Bradie, Brian Oge Bradie, Eveline Bradie, Honoria Bradie, Margaret Bradie, Philip Bradie, Philip M'Thomas Bradie, Eillishe Oge Bradie, Patrick Bradie PitzWilliam, Patrick bane Bradie, Shane M'Bveri- dagben Bradie, and others. — Dublin, July 13, 43"^. Membrane 12. 52. Pardon of Peirse Butler PitzEdmund, of Roskrea; Redmond Morris, Kathrine ny Kegan, James Fennell, Keating' ■''' ] Tobin, Plynn, Walshe, M'Codie, alias Arcbdcaeon ; Prendergast, of Cantwellscourte ; Purcell, of Kilmocaf • Oomerford PitzThomas, of Ballibur; Denn of Crennan, archdeacon of Stamkarte; Comerford PitzRichard, of Daugan-more j Cody of Garryhibberd j Shortall, of Ballilorkan ; G'Magher of Ballengarry ; and others. — Dublin, Aug. 6, 43°. Mernbrane 14. 53. Pardon of Mullmorie O'Reillie, of the Cavan, gentleman • Shane Grane O'Karrelane, of Nobber ; Mulmorie O'Reillie M'Oahe/ of the same place ; ghane M'Tirlagh O'Reillie, Shane lI'Farrali 592 PATENT AND CLOSE ROLLS, [i6oi. 43 O'Reillie, Owen O'Reillie, of Corglasse, in the county of Cavan ; Elizabeth. MuUmorie M'Oahill O'Reillie, of Muolly; Mulmorie M'Connor O'Reillie, of Killoolie ; and Cormack bane O'Reillie, of the Meigh, in the county of Cavan. — Dublin, June 19, 43°. Membrane 16. 54. Acknowledgement of John White, of the city of Dublin, mer- chant, before Nicholas Baron, mayor of Dublin, that he had not any of the goods of Anthony Gardiner in a ship called the Tartavize of Larmoyhye, taken by a Spaniard. — Mat/ i, 43°. 55. Memorandum of Gerald Wesley, of the Dangan, on the 20th of June, in the 43rd year of her Majesty's reign, having appeared in Chancery, and prayed that the following deed might be enrolled ; at whose request it is enrolled as follows : — Conveyance whereby John Sutton, of Tipper, and Michael Cu- sacke, of Rathalron, granted and conveyed to Gerald Wesley the manor of Dangine, the lands of Laraghcor, Redeston, Courseton, Clondogane, Clonmaghane, Arroteston, Swayneston, Clonymethe, Walterston, Woodtowne, Betagheston, Garreris, Dromlargene, Clarkestone, Mareuerstone, and Donakerne, in the county of Meath, with all messuages, rents, services, pastures, woods, trees, under- woods, waters, weirs, and mills in Paynston, Alesdey, alias Alastay Kill, Ladicastle, Oldtowne, Kilpatrick, Old Connall, Pereston, Richardeston, Skarleteston, Clonganagh, Baweston, Ballippe,Cnock- glasse, Balselske, Blackhall, Daveston, and Barnardeston, in the county of Kildare. To hold for ever of the Chief Lords of the fee by the service thereout due and of right accustomed. — Appointment of Marcus Walsh, of Dangen, to deliver seisin and possession. — May 10, 16"* Elizabeth. Signed, John Sutton. Michael Cusacke. Mewhrane 17. Elizabeth R. By the Queen. 56. The Queen to the Lord Mountjoy and the Lord Chancellor. — " Right trusty : In consideration of the good service done to us by our well-beloved subject, Daniel O'Brien, brother to our cousin, the Barle of Thomond, and of his hurts and maims received in our wars in that realme, whereof we have received good testimony, we are i pleased, upon his humble suite, to grant him and his heirs, in fee simple, the castles and lands of Carrig keg cholle, Donbeg, Balle- kith, Moyart, and Goar, with such castles, rents, and services as Teig Mac Mahony and his son Tirrelagh were seized of, in use or occupation at the time of their entering into rebellion, situate in the barony of Moyarte, alias West Corknaskin, in the county of Clare, forfeited unto us by the late rebellion ; whereof we will and require you, if any of the rebellious tenants of the lands be yet liv- ing and not attainted, to give order to our Council to proceed to the i6oi.} CHANCERY, IRELAND, 593 attainder of them, according to the course of our laws ; and upon 43 their attainder, our pleasure is, that you cause, by commission, Elizabeth. inquisitions to be made, and oflnces found of the state of all such castles and lands as, at the time of their entering into rebellion, any of the persons above named, their tenants or followers, were seized of, in use or possession, either now living or dead, in actual rebellion ; and upon such offices returned and recorded for us, our will and pleasure is, that a grant or grants be made, in possession or reversion according to the present estate of the same, in due form of law by our learned council there, of the castles and lands of the rebels, their tenants and followers, in the barony of Moyarte. " To have and to hold to the said Daniel O'Brien, his heirs and assigns, in fee farm; in as ample manner as the rebels, their tenants or followers, held the same ; reserving to us, our heirs, or successors, such rents and services as shall be found to have been heretofore answered unto us for the same. To be held of us, our heirs, and successors, in free soccage, with such other covenants, to the further- ance of our service there, as are usually in like grants inserted and you shall think requisite. We also require you so to countenance and assist him with your good favour and means that thereby he may be the more encouraged to the continuance of his good service, to receive further advancement for his comforte. — Manor of Cfreen- wich, July 8, 1601, 43°. " To our right trustie the Lord Mountjoy, Deputy of our realm, or to any other Deputy, and to our Chancellor or other Keeper of the Seal, &c." 57. Memorandum of John Da vies, having appeared in Chancery on the nth of September, in the year abovesaid, and prayed that the preceding letter might be enrolled, at whose request it is enrolled accordingly. Elizabeth R. By the Queen. 58. The Queen to the Lord Mountjoy. " Right trustie, we greet you well : In consideration of the good service done unto us by oursubjectSjThomas OgeGerralde andMorriceHardley, testified unto our Council here, as well by letters from our President of Munster as by the Earle of Desmonde, one of them by delivering of Castle- maigne and Pierce Lacy's sons, and the other being a principal in- strument in the taking of James FitzThomas by Dermot O'Connor, and performing many other good services ; we are pleased, of our princely bountie, to grant unto either of them an estate in fee farm of so much of our lands, tenements, or hereditaments in Munster as shall amount to the clear yearlie value of £15, or thereabouts, by reasonable survey. Wherefore we will and require you to grant unto them such commissions and directions, either for the inquiring of our title to those lands, and the attainting of the parties whom it may concerne, or other furtherance to them therein, as by our learned Council there shall be thought fit for our service, and upon VOL. II. 2 Q 594 PATENT AND CLOSE ROLLS, [i6qi. 43 return of a book or books thereof by our surveyor, amounting Elizabeth, to the aforesaid sums or thereabouts, to pass to the said Thomas and Morrice our letters patent, in fee farm under our Great Seal ; foreseeing always, that in those grants you do not pass any of the lands of James JPitzThomas, the Baron of Licksnawe, the Knight of the Valley, or of Pierce Lacy, but the same and every part thereof is to be reserved unto us until you shall receive our special direction. " And as Patrick Crosby hath been employed in our provinces of Munster and Leympster, where he hath done us very good service, we are pleased and do hereby authorize you to cause a grant to be made unto him, his heirs and assigns, in fee farm, of Rathdillig, with the other lands belonging to Parigh M'Tirlagh M'Donell, gallowglass, eschaeted unto us for want of heirs male, and valued at £6 sterling rent a year, together with a small piece of land of the yearly value of 3s. gd., escjiaeted by the attainder of Richard Harding, lying in the Queen's County, and certain parcels of land in Clanmorishe, in the county of Kerry, heretofore passed to one Edmond Barrett, and now eschaeted unto us by the attainder of Mac Morishe, of the yearly value of £5 ; so as these parcels exceed not in the whole the value of £11 3s. gd., according to the particular survey thereof made." — Castle of Windsor, Aug. 21, 43°. " To our right trustie the Lord Mountjoy, Deputy, and to the Deputy, Justice or Chief Grovernor, and the Chancellor." 58A. Demise from her Majesty to PatrickOuUen — in consideration of bis having built the bridge of the Blackwater — of a messuage, a garden, 7 acres arable of great measure, containing 2 1 acres standard measure, and 4 acres pasture in Came, in the county of Kildare, parcel of the possessions of James Eustace, attainted ; a castle, with a loft upon a vault with two chambers, and other necessary apart- ments covered with tiles, and a messuage with stone walls, hall and chamber, late in the possession of Christopher Sutton, in the town of Naas ; the island in the river or water of the Barrowe, and a moiety of another island which lies on the south of Athy, and two weirs upon the river for taking eels ; a water-mill on the east side of the river, parcel of the possessions of the late hospital of Saint John's of Athie ; the' manse of the rectory of Dunboyne, with certain glebe lands, 30 acres of land, 5 acres of meadow, and 5 acres of pasture in Dunboyne, a cottage near the church- yard of the rectory of Dunboyne, being of the glebe, and parcel of the possessions of the late priory of Molinger, in the county of Heath or Westmeath ; the tithe corn of the rectory or parsonage of Kill- russe, which is yearly collected by six couples of the two parts of one couple of corn, parcel of the possessions of the late priory of Carmell ; To hold for 60 years. The tithes and profits of the whole rectory or parsonage of Tankards- ton, in the county of Kildare, besides the stipend of the curate, par6fl of the possessions of the late monastery of Thomascourt ; a moiety or halfendale of the tithes of 1 1 acres of land called Collier's Land, in tjie i6oi.] 0H;ANCBBY, IJRELAND. 595 town and fields of Kildare, parcel of tte spiritual possessions of the 43 late house of Begging Friars of Kildare ; a piece of waste land Elizabeth, called Sutterlane, in the county of Dublin, abutting on the lands of ■ - — Henry Burnell ; To hold for 60 years. Rent for all the lands £10 'js. lod., and for the rectory of Tan- kardston, in the county of Kildare, five pecks of sound corn — that is to say, two pecks and a half of wheat or here malt, and two pecks and a half of oat malt. — Dublin, Aug. 28, 43°. Membrane 20. 59. Appointment of William Rolles to the ofiice of Collector and Receiver of all fines, amercements, and impositions which shall be imposed upon ^ny person by virtue of the commission for ecclesi- astical causes and the Prerogative Oourt, during the contiijuance of the confimission, with a fee of £40 a year. — DiHUn, May 22, 43°. 60. Surrender by Thomas Shiggens of a pension of is. a day for the use of William Rolles, servant of the Lord Mountjoy, "for satis- faction of the death of Shiggens, and as he, Thomas, was desirous to repair to England where he hoped to receive more comfort for his health than in Ireland." — The last of April, 1601. Memorandum of the preceding surrender having been delivered into the hands of the Lord Chancellor. 61. Grant to William Rolles of a pension of is. a day during pleasure.-7-ilfay 7, 43°. Membrane 21. 62. Pardon of Garralt M'Kennery, of Ballesallagh, and others. — Dec. 12, 43°. 63. Similar pardon of Phelim M'Feagh O'Toole, of the Partry, in the county of Dublin, Rice Basnett, his mother, and Margery Byrne, his wife, and others. — July 13, 43°. Membrane 22. 64. Similar pardon of James Butler PitzTibbott of Dorelosoan, in the county of Tipperary, and Margaret Power, his wife. — April 20, 43°. Membrane 23. 6g. Memorandum of William Pilsworthe, Preacher, having on the 23rd May, in the 43rd year of the reign of Queen Elizabeth, per- sonally appeared in Court, and prayed that the deed next following should be enrolled : — Conveyance whereby Richard Enowes, of Erles Oolne, in the county of Essex, granted and conveyed to Gefiry Sidey, of Peb- 2 PATENT AND CLOSE KGLLS, [1602; 44 Majesty — in consideration of which, and in the hope of their con-' Elizabeth, tinuance in that good course and carriage, her Majesty is pleased to' "~~" show her princely bounty and' acceptation' of such good deserts to for all things customable,'to wit, two parts of srioli customs unto tig,'our'heir3, and successors, and a third part to the mayor, sherifEs," burgesses, and comirioialty,' and their successors for ever ; and that it shall not be lawful for any person to IJring any ship, boat,'' or barque to the town or port to purchase or forestaU any merchan- dize therein, without special licence of the mayor of the town forthe time being, under penalty of forfeiture of 40s. lawful money of England, to be forfeited uito the mayor, sheriffs, burgesses, arid commonalty, and their successors, as often as it' shall ao'happen ; and that it shall not be lawful for any person to buy or sell any wares or mercharidize within tlie town and the liberties thereof, if he be not free and admitted to the freedoift of the town, under pain of forfeiture of the Wares and merchandize so boU^Ht and sold, as often as it shall so happen, one moiety thereof unto us, our heirs, and successors, and the other moiety unto the mayor, sheriffs, burgesses, 'commonalty, and theif successors. " ''And that the inS^or, sheriffs, burgesses, and commonalty, and their successors, may have and hold a ferry over tlie water of the to-wn, through the entire'franchises ' and liberties thereof, with the profits, emoluments, and commodities thereout issuiiig and growing ; and that no other person with the said ferrj' shall in any wise inter-' fere ; arid that the boats or ships of the town sailing to Belfast, or between the' Sound of Breareclomes and Fair Furlong, on the necessary affairs of the town, or of any the inhabitants thereof, shall not be forced or compelled' to pay any- custom to any person or persons, but be quit and entirely discharged agaiiist all whomsoever for ever ; and that ho foreigner, not in allegiance •with our lady the Queen, her heirs, and successors, shall, with any ship or boat, have power to sail or pass over the^ water of the towii as far as Belfast for wood, timber, or any other matters, without licence of the mayor, sheriffs, burgesses, and commonalty, and their successors ; and that the mayor, sheriffs, burgesses, and commonalty, and their successors,' shall have common of turbary in all our places near Loghmorn, and also common as well of furze as of all other articles necessary for fuel in the dwellings and bakehouses of them and every of them within the town, for the space or circuit of 4 miles next adjoiuing the town, in and from every part of the town, ■without rendering for the same any thing to any person or persons ; and that no person shall talie or extort any goods, chattels, victuals, merchandize, or other matters whatsoever from any inhabitant or inhabitants of the town against his ■will and without payment, and satisfaction thereupon being made to the proprietor and possessor of such goods and other the premises ; and that no person shall' arrest, or cause to be arrested, any man in the house of any free inhabitant of the to-wn, unless for treason or felony, so long as he shall be or remain in the house j and that no person shall have any demand, claim, or action, to seek for or exact any thing purchased by any freeman or sold to any freeman of the town, provided such things are bought or sold from the rising to the setting of the sun, in the market place of the town, ■without trick or fraud. ■ " ' And that no inliabitant of the town, or any other person, shall salt, or cause to be salted, any hides within the town, unless he be free of the town, or salt or preserve any kind of fish or herrings for sale for any man, without first obtaining the licence of the mayor for the time being, under pain of forfeiture of the same, one moiety thereof unto us, our heirs, and successors, and the other moiety unto' the mayor, sheriffs, burgesses, and commonalty, and their successors ; and that no person shall buy privately, any thing in the to'wn out of the market under pain of forfeiting the thing so bought, in manner and form aforesaid ; and that all fisher- men, as well those inhabiting the town as foreigners, fishing in the waters, sea, and seashores adjoining the town, shall be exonerated and discharged from allcustbms and other charges, and their fish there taken (the tithes of such fish only excepted) ; and that the constable of our castle of the town of Knoclcfergus for the time being,' be, by reason of his office, free, and have and enjoy such liberties as the other inhabitants and free mercliants in the town have and enjoy, or ought to have and enjoy. " ' And that our castle of Knockfergus shall be exempt from the to'wn and the ' i6o2.] CHANCBBY, IRELAND. 6it the comfort of them and encouragement' of others to foUovT' their 44 example, and according to the commission under the great seal Elizatietb. directed to Sir' JefFry Fenton, Secretary and Surveyor; Sir Edward county of the town, and that it shall have such Uberties, jurisdictions, and privi- leges as our castle of Dublin, or any other castle of us within our kingdom of Ire- land may have and enjoy, or ought to have and enjoy : we will, nevertheless, and grant that it shall' be lawful for our supervisor or commissary, for the time being, to provide, purchase, and have, for the garrison and soldiers residing and to reside in any parts of Ulster, all provisions and other matters necessary for them in the town, and there sell hides and other like things, by reason of their office or offices, for the use of our army or garrison therein residing and remaining ; and that it shall be lawful for every one of our garrison to provide and purchase there all provisions and other matters necessary and fit for food, raiment, and the building and repair of their houses, without yielding or paying any custom for the same ; provided that they do not afterwards make sale of the same or any parcel thereof. " 'And forasmuch as Edward Waterhouse, the Secretary of our Deputy, hath humbly besought us, on behalf of the town, to obtain for them these our letters patent, and the grants, privileges, and franchises therein contained, we will and grant for us, our heirs, and successors, that the aforesaid Edward Waterhouse, now Se- cretary of our Deputy, be free of the said town, and have such liberties, franchises, and privileges as any other inhabitant or free merchant in th6 town hath^ or ought to have ; and also that the aforesaid Edward Waterhouse be elected in the town one of the burgesses, to attend for the town in every Parliament of lis, our heirs, or successors, to be held from time to time within our kingdom of Ireland. And moreover, of our more abundant special grace, certain knowledge, and mere motioil, we have, for us, our heirs, and successors, given and granted, and do, by these pre- sents, give and grant unto the mayor, sheriffs, burgesses, and commonalty, and their successors for ever, all and singular other such privileges, liberties, franchises, markets, fairs, jurisdictions, forfeitures, customs, profits, coiftmodities, cognizance of pleas, immunities, pre-eminences, grants, authorities, and matters whatsoever, within the town, and the county, limits and bounds thereof, as the mayor,t sheriffs, burgesses, and commonalty of the town of Drogheda have, enjoy, or in any man- ner use, or ought or may have, enjoy, and use ; in as ample manner and form, and as fully, freely, and entirely, as if all the privileges, liberties, franchises, markets, fairs, jurisdictions, forfeitures, customs, profits, commodities, cognizance of pleas, immunities, pre-eminences, grants, authorities, and matters whatsoever, to the mayor, sheriffs, burgesses, and commonalty of our town of Di?ogheda, or their pre- decessors, by us, or by any of our ancestors heretofore granted or confirmed, or by them at any time within our town of Drogheda had or used, were in' these presents regularly expressed and written in order, one after aJiother, and by' lis',' unto the aforesaid mayor, sheriffs, burgesses, and commobalty of our town -of Kiiockfergiis aforesaid, and their Successors, by all their proper names and term's, given and granted, confirmed, recited, ratified,' and inserted : although express m*ition of the true yearly value or certainty of the premises, or of any of them, or of other gifts or grants by us or by any of our jjrogenitors, unf 6 the af oresaid'TOayor,^*heriffi*, burgesses, and commonalty of our town of Kuockf ergus aforesaid, heretofore inade, in these presents is not madel or any other statute; act,-ordinanteei oT'pro'vislon, ck any other thing, cause, or matter whatsoever, in anywise not-withstSnding.' " ' ' On the Patent Roll of the 7th James I.; is a charter grairtiJig to the malj^Or, sheriffs, burgesses, and commons of the town of Carrickfergus, that the town or borough of Carrickfergus, sdias Knockfergus, and all the lands and tedemebts •within the to'wn, -vrith the appurtenances, and all the lands and tenements 'lying near the town on the norih part of the bay of Knockfergus, alias Catrickferguij, ■within the mears and limits following, viz. : — the east of the small river called Copland water is the mear of the land hear Braden island, ffoirt the bay of'Ctoick^ fergus as far as the river runs to another river, called Orland water ; thence, the mear of the land extends through the middle of the Orland water to Loughm'onriid, and so to the north-west bank of the lough ; and from the extreme "north-weSt point of said lough, the mear of the aforesaid land holds directly nigh the Read 'ihoulltain, to' the ford of Aghnehawhe,^!^? the bouMds of the'lferritoty'Oi Ballfciowrfr- 'VOL. II. 2 B 2 6i2 PATENT AND CLOSE ROLLS, [1602. 44 Moore, Charles Calthorpo, Attorney-General ; Sir Arthur Chiches- Elizabeth. ter, Governor of the Forces in Carrickfergus ; Gregory Norton, Charles Egerton, Constable of the Castle, and his Vicie-Gonstable, thence to the head of the Eead river ; and so, through the middle of the bog of Carkenamady ; and so, to the long stone called Carcam ; thence to the three stones called Slewnetrier, by the bounds of Ballinlyny and Ballinpwre aforesaid ; and so, to the bog upon the glen of Alterabredagh, by the bounds of Ballinlynny ; and so, to Carnesholgagh, by the bounds of the territory of Cametall ; thence to Altballi- managh ; and so, to Fassermeigh, alias the Deers' lane ; thence to the head of a certain small river, falling into the bay of Carrickfergus, near Cloghanoghertie, be- tween another small river, called Silverstreame, and the land of the town of Car- riclifergus ; which river, beginning near Fassermigh, is the western mear of the land, and runs between the same and the territory of Cametall, to the bay of Car- rickfergus ; as also the whole scope and precinct of land and water within those limits and bounds — should be for ever one entire county, incorporate, by itself, in re et nomine, and from the counties of Down and Antrim, and all other counties in Ireland, should be distinct and separate — that the county, so incorporated, from all other counties distinct and separate, should be called the county of the town of Carrickfergus — that the sheriffs of the county of the town, and their successors for ever, for the time being, might hold their court (comitatus), within the county of the town, from three weeks to three weeks, and might have and hold for ever, an- nually, another court, called the Sheriffs' court, within tlie county of the town, at the feasts and times of the year in other counties used, according to the form of the statute in that case made and provided — that the sheriffs and their successors for ever, miglit have and exercise all such and the like power, jurisdiction, autho- rity, and liberty, and other things to the office of sheriff belonging, within the county of the town, as other sheriffs of the king, his heirs or successors, within the kingdom of Ireland, in their bailiwicks have had or exercised; and to do and execute all other things whatsoever to the office of sheriff belongings so that no other sheriff of any other county should enter or in any manner intermeddle. Further, that the mayor, sberiiFs, burgesses, and commons of the county of the town, and their successors for ever, might have, enjoy, and use all the liberties and pri- vileges of an entire and distinct county, within the limits and bounds above men- tioned, in as ample manner and form as the mayor, sheriffs, burgesses, and commons of the county of the town of Carriclcfergns previously enjoyed the like liberties, within the limits and precincts of the county of the town, in any former letters 'patent expressed ; excepting and altogether reserving the castle of Carrickfergus and the precincts thereof, and the ancient liberties and regalities to the castle be- longing, witiiin the borough ; and also excepting a house or place for a sessions house, and another house or place for a common gaol or prison of the county of Antrim, as by the letters patent of the 20th March, in the eleventh year of her late Majesty's reign, were excepted and reserved. And that these letters patent should be effectual and firm in the law, within the kingdom of Ireland, without fur- ther confirmation, licence, or toleration, notwithstanding that the writ oi "ad good dammim" had not issued to inquire of the premises before the passing of the charter. On the EoU of the 7tli year, article 88, is another charter to the town, granting to the mayor, sherriffs, burgesses and commons of the county of the town, and their successors, in consideration of the sum of X6 13s. 4d. Irish — with- consent of the commissioners appointed on 2nd March, in the fowth year, for sale of the king^s lands, and other hereditaments in Ireland — the whole borough or town of Knockefer- gus alias Carrickefergus, with all lands, tenements, and hereditaments, within the borough or town, with their appurtenances — except the castle there, with the site and precinct of same, and all known regalities to said castle belonging — as also, excepting the place or abbey, monastery or priory of St. Francis, within or nigh the town ; with the privileges, lands, tenements, and hereditaments to the abbey, monastery, or priory, or to the prior and convent of same, in right of the abbey or priory, lately belonging — also, excepting one ruinous stone house within the town, nigh the site of said abbey or priory ; which house was lately a water-mill, and now or lately in the occupation of Walter Hillman, tanner, and used for a dwelling house ; also, the water-course and mill-pond, and the bottom and soil of same, to i6o2.J CHANCERY, IRELAND. 613 to view, survey, limit, and assign by the oaths of a good and suffi- 44 cient jury, and all other lawful ways, according to their best discre- Elizabeth, tion, the circuit, quantity, and nature of all the lands, tenements, — said late house or mill belonging — also, excepting one messuage or tenement with a certain parcell of land, called a bawn, in the town of Knockfergus, now or lately in the tenure of John Awshopp, reserved to the crown ; and valued per ann. at ss. — also, excepting one other messuage or tenement, with a certain parcel of land to same belonging in the town, now or lately in the tenure of Arthur Starkey, Valued per ann. at 6s. 3d. ; and al^o, one other messuage or tenement newly built by William Pierce, with the pertinences, of the annual value of 23. — also, except- ing a certain house, called St. Bride's hospital in Knockefergus ; valued per ann. at 8a. lo^jd. — and also, excepting a convenient place within the town, for building a gaol. To the mayor, sheriffs, burgesses, and commons, and their successors, for ever, were also granted all lands, tenements, and other hereditaments whatsoever, lying nigh the town of Knockfergus, in the north part of the bay of Carrickf ergus, being within the meares, bounds, and limits following, viz. : — on the east part, a small river, called Copland water, is the meare of the land aforesaid nigh Braden-iland from said bay of Carrickfergus, until said river runs to another river, called Or- land-water, etc. (as in the preceding charter described). All which lands, tene- ments, and hereditaments aforesaid, now or lately were in the tenure of certain burgesses and commons of Knockfergus alias Carrickefergus ; excepting only, a house or hospital, commonly called St. Bride's hospital, and all lands and tenements to same belonging ; excepting also, the site, precinct, and ambit of the abbey of Woodbume alias Goodbume, with all lands, tenements, tithes, and other heredita- ments to the abbey belonging ; excepting also, the castle of Carrickefergus, and the precinct of same — but granting to the corporation all other castles, messuages, tofts, mills, houses, edifices, structures, granaries, stables, dove-cotes, orchards, gardens, towns, villages, hamlets, lands, tenements, meadows, pastures, feedings, commons, demesne-lands, wastes, furze, heaths, bogs, marshes, woods, under- woods, tithes great and small, glebe-lands, oblations, obventions, fruits, profits, commodi- ties, waters, water-courses, fishings, fishing-places, suit seek, multures, rents, re- versions and services, rents-charge, rents-dry, rents and services of free and custo- mary tenants, tenants- works, farms and fee-farms. Aid further, to the mayor, sheriffs, burgesses, and commons, and their succes- sors, for ever, was granted and confirmed the aforesaid borough, town, lands, tene- ments, hereditaments, and all the premisses above granted, except as exceptedj and all the king's right, title, and interest, in or to the premisses, as fully, freely, and entirely, and in as ample manner and form, as all these came to the hands of the king, or of his ancestors or progenitors, kings or queens of England, by reason of any exchange or acquisition, or of any escheat, attainder, or for- feiture, or of any dissolution, surrender, or relinquishment of any abbey, priory, or religious house, or in right of the crown, or by any other legal manner. Ex- ceptmg always and reserving, free grazing in and upon the premisses above granted, for the horses of the constable of the castle of Carrickefergus, and for the troop of horse staying in the county of the town of Carrickefergus, from time to time, for the service of the king, his heirs and successors ; and for making and ga- thering such a quantity of hay in and upon the premisses, as should be sufiScient for the provision of the horses in winter. To have, hold, and enjoy the borough, town, lands, and the rest of the premisses, except as excepted, to the sole and proper use of the mayor, sheriffs, burgesses, and commons, and their successors, for ever ; to be held of the crown, as of the castle of Carrickefergus, in free burgage only, and not in capite ; rendering thereout, an- nually, io». Irish, at the feasts of St. Michael and Easter, by even portions ; to be paid until the town of Carrickefergus, and the port or arsenal of the town, be suffi- ciently inclosed and surrounded with walls, at the expense of the crown ; and after one year, immediately following such Inclosure or building, from thenceforward rendering thereout, annually, to the kmg, his heirs and successors, £40 Irish, at the feasts aforesaid, for ever. And it was further, by this charter, granted that the king, his heirs and sncces- 6i4 PATENT AND CLOSE ROLLS, [i6d9. 4* common of pasture, and hereditaments antiently belonging to the Elizabeth, corporation of Carrickfergus, ' and which have always and for a long time' continued in their manurance, grazing, and possession, and to limit and put in certainty the bounds, mears, and contents of the lands, tenements, common of pasture, and hereditaments, by certain mears and marks, by -virtue of letters patent, dated at Dublin the. tenth of June, in the 43rd year of her reign, and according to the purport and eflFect of an inquisition taken before Sir Arthur Chichester, Captain John Jephson, Deputy of Sir Jeffry Pen- ton ; Sir Poulk Conway, John Dallway, Gregory Norton, and Wil- liam Wittingham, Vice-Constable of Carrickfergus, who calling before them, on the 6th of October, in the church of Saint Nicholas, in the town of Carrickfergus, the inhabitants of the town and corporation, and such of the country as could or would give any knowledge touching the premises, ma,de choice of twenty-four good and suffi- cient men ; on which day and place they were sworn duly to deliver their own knowledge and the truth, as they could inform themselves frohi others, and they found the certain circuit, quantity, and nature of the lands, teneirients, common of pasture, and hereditaments antiently belonging to the corporation of Carrickfergus, according to the tefior of the words ensuing, viz; : — " ' Wee, find that the lands antientlie belonginge unto the corpora- tion of Carrickfergus are situate and boubded within the mears and marks following, that is to say, from the north ende of the towne leading to the sea unto a streame or small river called Copland water, which divideth the town's lands and the lands belonging to the Bishope of Downe and Connor, and then from the sea side sors, for ever, annually, and from time to time, shall exonerate, acquit, and keep - indemnified, as well the mayor, sheriffs, , burgesses, and commons, as the bo- - Toilgh, town, townlands, and the rest of the premisses, except as excepted, from all corrodies, rents, fees, annuities, pensions, portions, sums of money, and charges ■whatsoever, arising or payable out of the premisses, or thereupon charged or chargeable, for the king, his heirs and successors; except the rent, services, re- servations, and tenures, above reserved ; and except the demises, or grants for term of life or years, or otherwise, made of the premisses, or any part thereof. Commanding the treasurer, chancellor, and barons of the exchequer of Ireland : as also, all auditors, receivers, and other king's officers and ministers, upon the sheVring of these letters patent, or the enrolment of same, without other warrant or mandate, to make, and cause tu be made, full, entire, and due allowance and ex- oneration from all 4uah corrodies, rents, fees, and annuities ; except the aforesaid rent, services, reservations, and tenures, as is aforesaid reserved out of the premisses, or th^ettponicharged or chargeable. And it is further granted, that theSe letters patent, or the inrolment of them, shall bb firm and effectual in law against the king, his heirs and successors, in all courts, without any . confirmation, license, or toleratioij hereafter to be pro- cured or obtained; notwithstanding the statute (2e terris non amortizandii — and notwithstanding the not finding of offices or inquisitions of the premisses, by which the king's right and title ought to be found, before making these letters patent, etc. — and notwithstanding, inter alia, the statute of 18th Hen. VI. — dated jih day of July, in the seventh year of the reign. •riie principal charter of the town is that of 14th December, 10° James I., enrolled in Chancery ; — another dated ist May, 20 James I., erects a corporation by the name of " the Mayor, Constables, and Society of the Merchants of the -Staple'of the Town." j^02v] CHArHlSBRT, IRELAND.- r 615 .aipngst by the water sjde.to a foprd called Annagulmyn, alias 44 Clubbes foorde, being north north west from the entringe of Copland Elizabeth, water unto the sea, which foosde. is tlie fardest parte and bounds of -— the arable lands, meado we, and. pasture that appertaineth to the towne that waye ; and from the, Glul^bes foorde west south, west directlie alongst the meare and ditcji side to the south ende of Loghr morne, and so continuing fromtlience still west south west to a meare and marke called Carnelinsocke, alias Larcke's hill, and to a hill called Carne-SoUagh, and from thence still dividing the arable lands, njeadowe, and pasture from th^ coinons, south west directlie to the little Duncrowe, and, over, th^ibord of Larbricke, south west to tlie foord of Turnegrawen, alqng^t the backe of the Knopkagh to a meare ;0r mark called Faserisneey, alias the Deare's lane, which is alsot^e, fardest parte and bpimda of the arable land, meadowe, and pasture belonging to the town that way; and from thence turning south to a small streame or river called Lysnashenner, which luneth south into the sea, and divideth the town's lands and the ' Earle's meadowe, and from thence leadinge by the side north east unto the foresaid towne of Carrickfergus. We do also find that the comons for grazeinge,. turbary, heathe, and all other fewell reacheth from the aboye-uamed foord called AnnaguHmyne, alias Clubbe's foord, north north west over the moorie, heathie, and boggie hills to a foord called Analley Sione, alias Jqhnstowne's foorde, being the uttermost parte and boundes of the commons that waye, and from thence leading south west to an oulde stone wall called Ealowe, and from thence west south west directlie to a hill called Dromsley, which is also the uttermost parte and bounds of the comons that way, and from thence turning south to the forenamed meare ur m^rk called Faserisneey, alias the Deare's lane, whiche are all the bounds of the comons belonging to the same towne ; all which lands within those bounds, marks, and mears before mentioned, with all woodsi ,underwoodi^ -bogg^j heaths, meadows, pastures, comons of grazeinge, and.turbaiie, doth anncientlie belonge and appertaine to the town and corporation of Carrickfergus, and ever in theire manurance, grazeinge, and possession ; within which bounds there is a* ruina,te(i and decayed abbey called GiPpdborne, and St, Bride's hospitall, called the Spittle house, which is found to be Her Majesty's, with a small quantitie of land to them belonginge, which are bounded severallie ■within themselves.' " As by the inquisition or verdict of 24 good and suflicient men^ testified under their several hands and seals, the 12th of October, 1601, and returned, together with the opinion or certificate of Cap- tain John Jephson, Deputy tp Sir (^effry Penton, Surveyor ; Sir Arthur Chichester, SirPoulke Gorijvay^ John Dal way, Gregory Nor- ton, and William Whittingt6n, Tice-Constable of the Castle of Car- riokfergus,under their hands and seals, dated thei€th of October,i$oi, andju the 43rd year of her Majesty, and a letter of deputation under the hapd and seal of the said Sir Jeffery Pentpn, made to Captain John Jephson, dated 12th June, i6oi,jointly affixed togethetandfemain- 6i6 PATENT AND CLOSE KOLLS, [1602. 44 ing of record on Chancery in Ireland, more fully and at large ap-» Elizabeth, peared." Her Majesty grants and confirms to the mayor, sheriffs, bur- gesses, and commonalty of the county of the town of Carrickfergus a parcel of land called Edengrene, Marshalstowne, a hill called Houghneskeage, another hill called Houghmarowecaple, .Lough- morne, Duncrowe, and Little Duncrowe ; the Tonge, the hills called the Little and Great Knockagh, Cloghloghortie, alias the Ould stone, containing, by estimation, ten ploughlands arable, be it more or less, besides wastes and commons, and all other the lands and common of pasture anciently belonging to the town of Carrickfergus, bounded, situate, and meared within the several bounds and mears before ex- pressed — " excepting and always reserving to our Constable of our said Castle for the time being, and the garrison there, to have free grazeinge in summer, and winter provisions for their horses, as in our letters dated at our Manor of Nonsuch, is expressed." To have and to hold the parcels of land called Edengreene, Marshallstowne, the hill called Houghneskeagh, and another hill called Houghnemarrow- caple, Loughraorne, Duncrowe, the Little Duncrowe, the Tonge, two hills called the Little and Great Knockagh, Cloghloghortie, alias the Old stone, containing 10 ploughlands arable, be it more or less, with all their appurtenances, besides wastes and commons, and all other the lands and comons of pasture antiently belonging to the town, for ever ; rendering and paying the rent which by their charter of in- corporation is reserved : and her Majesty further gives and grants to the corporation full power and lawful authority to have, enjoy, and execute all power, jurisdiction, liberties, privileges, anthorities, pre-eminences, customs, and other authorities whatsoever, within the several bounds,- mears, limits, and precincts before mentioned, and within all and singular the several parcels and every of them before granted, and by special names expressed and recited, in as large, ample, and beneficial manner and form as they (the corporation) may have had, used, or enjoyed the same, by virtue of the charter whereby they have been incorporated, within the county of the town or corporation of Carrickfergus. Saving to her Majesty, her heirs- and successors, all such right and interest which she had, or ought to have had, to six acres of land or thereabouts, anciently belonging to the Palace, known by the name of St. Francis' Abbey, within the town of Carrickfergus, and contained within the bounds aforesaid. — Dublin, March 8, 44°. " By letters of the Lady the Queen : — signed by her own hand." In Dorso. Membrane i. 28. Pardon of John Itchinghara, of Donbrody, in the county of "Wexford ; Osborne his brother ; Richard and John Dererenx, Roche, O'Kelly, O'Quin, Sutton, M'Shee, Furlong, and others. — Dublin, June i, 44°. i6o2.] CHANCERY, IRELAND. 617 29. Pardon of John Verdon, of Cork ; Dermot O'Donovan, of _ 44 Caailedonnelan ; Donat beg O'Doyrgan, of Castlemore ; Thomas Ehzabeth. M'Teige, of Kilmyne; KichardM'ShaneBame, of Drissall; Richard ' Coppinger, of Cork ; Connogher M'Diermody O'Driscoll, of Ballti- more ; William M'Kansell Hurley, of Bealemacarrige ; and others. — Dublin, Nov. 16, 44°. Memhrane 2. Elizabeth R, By the Queene. 30. The Queen to the Lord Deputy and the Lord Chancellor. — " We greete you well ; upon some former experience had of the sufficiency of the bearer, James Ware, and upon your late recom- mendation, we have thought him meet to be our Auditor of that kingdom, which office, because it is now possessed by another, and we would have Ware notwithstanding encouraged, we are pleased that he shall have it in reversion : wherefore we require you, upon receipt, to cause a grant to be passed unto him of the office of Audi- tor, in reversion, to commence upon the death, forfeiture, or surren- der of the present office, with like fees, entertainments, and allow- ances as our Auditor now hath, and in all other respects, and in as ample manner as the present Auditor, or any other, have used to hold the said office. — Manor of Greenwich, July 28, 44°. " To our right trusty the Lord Mountjoy, our Deputy of Ireland, and to our Chancellor of the said realme, or to the Deputy and Chancellor for the time being." Elizabeth R. By the Queen. 31. The Queen to the Lord Deputy and the Council of Ireland. " Eight trustie wee grete you well : Whereas our well-beloved Nicholas Browne, esq., son of our late servant Sir Valentine Browne, hath made humble suit unto us, declaring that his father and him- self held certain lands in Desmond, in our county of Kerrie, of the late Earl of Clancartie, in mortgage, of which lands the Earle had onely an estate to him and the heirs males of his bodye, the rever- sion being vested in our Crown, which interest, so granted to Valen- tine Browne and Nicholas Browne, determined upon the late Earle's death, without heirs male ; and for the 'establishment of their in- heritance soe mortgaged, we granted by our letters patent to the said Valentine and Nicholas, and the heirs of the said Nicholas those' lands in fee farm upon the conditions limitted for the estab- lishment of the undertakers, the estate to begin after the decease of the Earle, dying without heirs of his body; whereas, indeed, yt should have been sayde without 'heirs males' of his body, for the Earle had no other estate, and so, he having left a daughter that hath many children, the estate first granted by us to the said Browne is frus- trate, by reason of the want of the woorde "males" omitted in our first grant made to Sir Valentine and to his sonne Nicholas, who therefore can neither houlde by the Earle's mortgage nor by our 6i8 PATE-NT AND CLOSE -ROL^/S, fi6oi^ '44 grante. Porasmnoh as our meauvig. was that tlie •tire greet you well; upon the return of Captain Thomas Bottrke linto us from thence, whomupoh a former petition exhibitted here, we had preferi-ed to youi* c,(Snside'ra- Mon, finding by your letters- that both ydui^elf-Aitid- our Council 624 PATENT AND CLOSE ROLLS, [1602. 44 there, and likewise our Council of our province of Connaught, have Elizabeth, thought the suits reasonable. We have also caused the same to be further considered by Sir Robert Gardiner, our Chief Justice of that realm now being here, whose opinion we find to concur with yours, that there is reason in the suits of the said Thomas Bourke ; where- fore we are pleased to gratify him in this manner, that is, you shall make unto him the said Thomas, son of W illiam Bourke, eldest son of Sir Richard Bourke, (who in the year of our Lord, 1585, upon 'composition' surrendered all his lands in the county of Mayo, in the province of Connaught), a grant by letters patent of all such castles, manors, and lands, as in the surrender and composition are contained, which surrender and composition are, as we are in- formed, of record there with you; and also power to keep a court leet and a court baron in Ballilomaske, Killaghe, Ballynroba, and the Newtown, for the ease of his tenants, in determining their small controversies in those Courts, together with all the goods and chatties of persons attainted of felonie, who shall inhabit the lands, and all other casualties and amercements that shall grow from time to time on the lands, according to the composition. To have and to hold the said castles, manors, rents, and services, to the said Thomas Bourke, and the heirs male of William Bourke, his father, lawfully begotten, for ever, by knight's service, by the twentieth part of a knight's fee, and for such other rents, services, and charges, and with such clauses and conditions as in the composition are con- tained. And that the said Thomas or his heirs shall, not challenge or exact upon our people inhabiting the lands, any duties, rents, exactions, or demands, contrary to the ' composition.' — Greenwich, July 3, 44°, 1602. " To our right trustie and well beloved the Lord Mountjoy, Deputy of Ireland ; and to our Chancellor now being, and the Chancellor or Keeper of the Great Seal, for the time being." Memorandum of Captain Thomas Bourke having appeared in Chancery on the 14th September, praying that the preceding letter might be enrolled. 49. Sir Nicholas Wal§he, Chief Justice of the Common Pleas; Sir Edmond Pelham, Chief Baron of the Exchequer ; and Sir Anthony Sentleger, Master of the Rolls ; acknowledge to have received an annuity of 300 marks sterling, issuing out of the revenue of the Deanery of Saint Patrick, and which the Dean had assigned to her Majesty for the term of 5 years. — Sept. 13, 1602, 44°. 50, Demise from her Majesty to Sir John Edmond FitzGerald, of Clone, in the county of Cork, in consideration of the lands being " meerelie wast, not yielding any manner of profit, without habita- tion, and subject to great charges in their defence against sundry malefactors that border about it, and that he is to endure great expenses in drawing habitation to the lands, whereby they may be repeopled, and so in time and measure made profitable," of the manor j6o2.] chancery; IRELAND. 625 and castle of ConecUi, in tLe county of Cork, with all lands and _ ^* tenements in Shaneconeghie, alias Old Cpneghie, Conladorogh, Kil- Elizabeth. balleme, and Kildihe, in the county of Cork, containing, by estima- tion, 300 acres arable, small county measure ; the lands of Knock- anstickane, Ballymorody, and other lands, containing in all 700 acres, small country measure, with all waters, watercourses, weirs, and fishings, parcel of the possessions of James PitzThomas Gerald, late of Connaghie, attainted ; the site, ambit, and precinct, of the late monastery or religious ' house of mendicant or begging friars, called Grey Friars, near Youghal, with a park or enclosure called " Johns Mahowns park," near the town of Youghal ; To hold for 21 years. Rent £6 13s. 4d. — Oct. t8, 44°. Membrane 15. 51. Demise from her Majesty to Robert Morgane, of the site, circuit, and precinct, of the late priory or religious house of Roscar- berey, alias Rosshillarie, in the county of Cork ; a hall, bakehquse, kitchen, 60 acres arable land, parcel of the demesne of the priory ; 124 acres arable, in Roscarberry, with the tithes of the rectory, church, or chapel, of Roscarberry; the manor and castle of Rosbrine, Illane-Oounsta, Illamiiiicke, and Cappaghglasse,DirricouDell, Rahin, and Sheave Callagh, Kilaspickeven, and Gurtinesowe, containing in all 1080 acres arable, parcel of the manor of Rosbrine, and the possessions of Donald, alias Donell M'Connogher O'Mahowne, of high treason attainted; To hold for 21 years. — Rent £18 is. g^d., and ten pecks of good and sound corn, that is to say, five pecks of wheat and bear malt, and five pecks of oat malt, at the Feast of the Purification of the Blessed Virgin. — Dublin, July 2, 44°. Membrane 16. 52. Pardon of Thady O'Brian, of the Newrie, in the county of Down. — Dublin, June 9, 44. 53. Pardon of Sir Gerald Moore, of Mellef On the Roll of the 2i° James I., part i, m. 17, are the following mstruotlons to be observed by the clerks of the market within their several limits and jmis- dictions in this kingdom : — By the Lord Deputy and Cotoicil. Olivek Grandison. In primis : It is ordered and decreed, and we do hereby order and decree, that the clerks of the market shall not hold their court or sessions but twice in every barony within the year, that is to say, witbin a month after Easter and Michael- mas yearly. a. Item, they shaU enquire of no matter or thing save only the assize of bread, ale, and beer, the legality of weights and measures, and the reasonable prices of all victuals. 3. They shall not return or estreate any fine or amercement, but such as shall be offered by tlie jury, or two of them at least, to be sworn for that purpose, or for any offence or delict, but such as shall be presented by the jury to be impanelled before them ; and they shall make two extracts of all such fines and amercements as shall be so imposed by them, and duly return them into the Exchequer at the beginning of the term next following their sitting, without levying or receiving the same or any part thereof themselves, or making any undue or underhand com- position for the same. 4. They shall not take for the sealing of any barrel, peck, or other measure, or the sealing or allowing of any weight, above 4(i Irish ; the stamp of the seal to be " I," with a crown over it. 5. They sliall not compel any man to pay for the new sealing of any weights or measures that hath paid for the same before, so long as the former weights' or measures, so sealed and allowed, shall continu& good and serviceable. 6. They shall not set any fine or amercement upon any person, or persons for absence at their court, unless it '\>e upon such of the jury as, being returned by the sheriff, make default, or thejjailiffs that are necessary to attend them, or such as have had warning to bring in their weights and measures which were not sealed or allowed before. 7. They shall not, by colour of their offices, take or daim any sum of money or other thing, in any fair qr market, of any person, for any goods or merchandize sold or put to sale in the said fairs or markets. 8. Thati every, clerk of the market, or his deputy, shall at every of their sessions or sittings, cause these instructions to be openly read in the beginning of their ses- sions, and shall deliver a copy to any one who shall desire it ; taking 2s. for the copy, and no more. And thes« instructions shall be annexed to each of their patents. 9. The clerks of the market shall always carry about them the contents of all the weights and measures, according to an Act of State formerly made at this board iii that behalf, and the same shall be openly declared and published at every of their sittings. Ad. Loftus, Cane Balfour. Blenerhassett. Hen. Valentia. To. Caulfield. Thos. Eoper, Brabazoa. Fr. Aungier. Adam Loftus. i6o2.] CHANCERY, IRELAND. 631 by false -weights and measures ; and what forestallers or regrators, ^^ contrary to the statute, called " gray merchants," prefer their Elizabeth, own advantage to the public good ; also to enquire if any thing be "~~" attempted by those parties against the laws of the kingdom, by whom, when, and how ; to commit all such persons until they shall pay reasonable fines and amercements, according to their deserts; saving the fines and amercements to the Crown ; with an injunction that the names of the delinquents and the fines shall be certified to the Treasurer and Barons of the Exchequer. Brooke is to receive an annual fee of 10 marks sterling, to be paid out of the fines, and other accustomed fees; and for his costs and expenses, such ample reward as to the Treasurer and Barons shall seem fitting. — Feb. 2, 45°. Membrane 21. 20. Commission to Thomas, Bishop of Meath; Sir Anthony Sent- leger. Master of the Eolls ; Sir James Dillon, of Moymet ; and Alexander Ivers, of Eatayne ; to appoint and limit to Walter Scurloke, of the Frayne, in the county of Meath, such portion of his lands and possessions as to them should seem suitable, for manur- ance, plowing, and cattle, in his chief dwelling place, exempt from coyne, livery, carting, and carriage, hostings, roods, and journies. — Last of Feb., 45°. 21. Return of the Commissioners; stating that they had pro- ceeded with their charge, and had limitted and set out to Scur- loke, all his messuages, lands, and tenements, in Fraine, Clonmore, and Baskenaghe, comprehending twelve score acres, being a ploughland and a quarter in cess, and no more, charged with the yearly subsidy, of 15s. ^d. to be henceforth ex-onerated and discharged of the subsidy, provided by the statute enacted in a parliament held at Dublin, the ist June, in the 4th year of the reign of the late Queen Mary ; and from all coyne, livery, carting, and carriage.— March 9, 45° 1602. Thomas : Midens. Ja. Dillon. In JDorso 1602. Membrane 2. 22. Pardon of Thady Fitzpatrick, of Clonburen ; Shane M'Teig Fitzpatrick, of Moughe ; Fyuin M'Donnell Fitzpatrick, of Cuelle ; Donogh M'Teig Fitzpatrick, of Mongaghe ; M'Mahons, - Fitzpatricks, M'Teig, O'Philan, and otheia.—Dvblmi Dec. 4, 45°. 23. Demise to Patrick Sarsfield, of TuUy, in the county of Kildare, of a ruined castle, two messuages, three score acres of arable land, 5 acres of pasture in Sillied, in the county of Kildare, with liberty'of 632 PATENT AND CLOSE BOLLS, [1602. 45 common of pasture upon the Curragh ; 3 messuages, three score Elizabetli. acres arable, standard measure, and 40 acres pasture, in Braylissan; 5 acres meadow, called Insenegrey, Insenelogber, and Shenelone ; four score acres arable, of standard measure, and 10 acres pasture, in CoUiersland, in the Gray Priars of Eildare ; 2 messuages, 32 acres arable, of standard measure, and 5 acres pasture, appertaining to the late White Friars of Kildare, with liberty of common of pasture upon the Curragh ; 3 messuages, 40 acres arable of great measure, amounting to 120 of standard measure, and 20 acres of pasture, in Tippenane, all which were parcel of the possessions of David Sutton, attainted of treason; To hold for 21 years. — Bent, ^25 I2S Dublin, Bee, 30, 45°. Membrane 4, 24. Pardon of Owyne O'Hagane, of Tolloghoge, chief of his name ; Neale boy O'Hagan, Cormock O'Hagan, Teige O'Hagan, Owine Grromy O'Hagan, Brien M'Anally, Neale O'Harrancke, Arthur O'Hagan, Phelim Boy O'Conally, Donell O'Kelly, Brian O'Kelly, Morrish O'CoUan, Owny O'CoUan, Donogh O'Hagan, Owen Boy O'Hagan, Edward O'Hagan, Brien O'Hagan, Owen O'Lawrie, Art. O'Lawrie, GillpatrickModderie O'Hagan, Hugh Grony O'Hagan, Gilpatrick Oge O'Hagan, Shane O'Hagan, Cormack Oge O'Hagan, Edward Moddere O'Hagan, Neale O'Hagan, Tirelagh O'Hagan, Hugh O'Hagan, Arthur M'Hugh O'Hagan, Donell M'Hugh O'Hagan, Phelim boy O'Hagan, James O'Hagan, Shane O'Hagan, and the O'Connors and Quines, in the county of Tyrone, in the province of Ulster. — Dublin, Nov. 20, 45° Elizabeth. Mimhrane 5. Elizabeth E. By the Queen, 25. The Queen to the Lord Mountjoy and the Lord Chancellor. " We grete you well ; heretofore, about tbe 25th of July, in the 40th year of our reign, we directed our letters to the Justices of that our realme, signifying our pleasure concerning the lands of the late Barle of Claucartye, to divers parts of which there were then several pretenders, whereof some since be dead, and others have fallen into disloyaltie towards us ; so the contents of these letters are not now to be executed. " Amongst other persons to whom we extended our favour was Donell MacCarty, base sone to the Earle, for seven quarters of land by him pretended to have been given him by his father j w;hich our pleasure, by reason of the rebellion growing in our realme, could not hitherto be performed to him ; wherefore, having- of late re- ceived testimony from our President of Munster, that Donell, since his first submission, hath continued a good subject, and refused his portion of the treasure sent out of Spayne, we have thought him worthie to taste of our favour, and therefore require you to cause an office to be found, according to the ordinary course of our laws there, of the seven quarters of land, to be returned of record for i6o2.] CHANCERY, IRELAND. 633 us, with the bounds and limits thereof; and upon the returne of this 45 inquisition, according to the record thereof, to pass, by advice of our Elizabeth. Council learned, a grant or grants in due form of lawe to the said Donell M'Cartie, and his heirs, for ever, of the seven quarters, reserving a rent of a fee farm of twentie shillings of the monies of the conntrie, upon every quarter, for all services. " And as John Everarde, Second Justice of our Chief Place, is seized of certain lands held by Irish tenure, which he is desirous to surrender into our hands, and to take the same from us againe by English tenure ; we are pleased, upon inquisition first taken, accord- ing to the ordinary course of our law, and returned, you do accept a surrender from Everarde of such lands as shall by inquisition be found to be his, and thereupon that you cause a new gi-ant or grants to be passed to him of the lands surrendered ; to be held by him by English tenure, in free and common soccage. " As we understand from our President there, that it would be much for the furtherance of our service and the strengthening of the best part of our province, that habitations were drawen to Oastle- mayne, which is now in our hands, and stands comodiously for our use ; which habitations it is thought would followe, by granting a corporation, with some competent freedoms to the inhabitants there; we are pleased also, and do hereby authorize you to grant unto the inliabitants of the town of Castlemayne, some such freedoms and liberties, with officers for the government thereof, as to you and our Council shall be thought sufficient, to draw an inhabitation of people thitiier, and require you to bewayre of passing any excessive liberty, as some other port towns there have, which we find by late experi- ence to prove very prejudicial to our service, when occasion falleth out for our ministers to require the performance of their duties. Palace of Westminster, the igth of Dec, 45°. " To our right trusty and well beloved the Lord Mountjoy, Deputy of our Realme ; and to the Chancellor now being, and to the Deputy or other Chief Governor for the time being." 26. Contract, whereby John Bath, of Drumconrath, in the county of Dublin, undertakes, during the life of Donogh, Earle of Thomond, as often as his Lordship shall come to the city of Dublin, for the space and term of his residence there, to find for his use at Droni- conrath, four horses and four horse boy's, with sufficient horse- meat and mans-meat, free and frank ; and as often as the Earle shall send any of his servants to Dublin on his own affairs, testified by the Earl's letters, Bath undertakes to provide him (the servant), with a horse and horse-boy, horse-meat and mans-meat, during his residence ; and on the death of the Earl, to provide for the male heir of his body, as often as he shall come to Dublin, four horses and two boys, with horse-meat and mans-meat, during his resi- dence Mv. 30, 1582, 25°. Signed, John Bathe. «i34 PATENT AND CLOSE ROLLS, [1602. 4j Memhrane 6. Elizabetli. 2^_ Pardon of Neale M'Hugh M'Morthoe, of the Fivagh, in the county of Antrim ; Donell Oge O'Neile, Brian Modere O'Neile, Phellemy O'Neile, Donell M'Owine, Rourie Oge O'Neile, Teige M'Canna, Ownhie O'Connor, and Ownhy O'Connell — Dublin, Nov. 22, 45°. 28. Pardon of Sir Edward Herbert, of the Doron; O'Farrall, O'llanly, O'Dempsie, O'Higgins, and others, of the King's county April i, 45° 29. Pardon of Arthur Magneisse, chief of his name; Sara Neale, John Magneisse, Brian Magneisse, Oormack Oge O'Reilly, Tirlagh O'Reilly, Brian O'Reilly, Brian Oge O'Reilly, of the county of Down. — Dublin, Dec. i, 45°. Membrane 7. 30. Pardon of Donogh M'Donnell M'Gillpatrick Clanteres, Shane M'Donnell M'Gillpatrick Clanteres, O'Bergin, O'Brohie, O'Kellie, M'Gilpatrick, M 'Teige, O'Birnie, Roche, Egerton, Fleming, and others.^ Dublin, March 4, 45° Memhrane 8. 31. Pardon of George Russell, of Locale, in the county of Down ; Patrick Russell, James and Christopher Russell, of the same place ; John Bedlewe, Jenkin PitzWilliam, Christopher Walshe, Richard FitzRichard, Edmond M'Owen Savage, Richard Savage, Jenkin boy Savage, Henry Savage, Owen M'Redmond Savage, Patrick Sa^'age, James Oge Savage, Henry Savage, and Richard M'William Savage, all of Lecale, in the county of Down. — Dublin, Dec. i, 45°. 32. Pardon of Anne Warren, of Ballscaden, in the county of Dublin ; Richard Owen, Nicholas Owen, Joane Owen, Joane Kegan, Thomas Balle, Patrick Balle, all of the same place ; and Patrick Laghlin, of Ardee. — Dublin, Nov. 22, 45°. Membrane 9. 33. Pardon of Henry Oge O'Nell M'Henri M'Shane, of Portie- miligan, in the county of Armagh, and Cortrine Neale, his wife ; Turlagh Oge O'Nell; Cone boy O'Nell, Cownaght O'Kinan, Chaplain of the said Henry ; Art M'Edward O'Nell, O'Hugh, -■ — O'Hagan; O'Haghie, r O'Donell, and others.— Z)i«6- lin, Dec, 6, 45°. Membrane 10. 34. Pardon of John Graunte, of Lishenearch ; Connor O'Glissane, Moriertagh O'Glissane, Thomas M'Dermot Oi;e, O'Kenedy, O'Mulnan, Hacket, Fitz William, Prender- i6o2.] CHANCERY, IRELAND. 635 gaste, Edward Fitz William Cantwell, of Oantwellstowne j 4J Porstall, of Ardfinan ; Purcell FitzWJlliam, of Black Castle ; Miles Elizabeth. Cantwell, of Kellines ; Cantwell, of Athassel ; Shee, of Kilkennyj CMeagher, of Ballequilline. — Bvblin, March 3, 45°. Membrane 12. 35. Livery of seisin of the possessions of James Tobyn, of El- lamery, to John Tobyn, of Rillagh, in the county of Tipperary, his cousin and heir. — Dublin, Ifov. 29, 45°. Membrane 13. 36. Grant of the custody, wardship, and marriage of James Lamporte, son of Patrick Lamporte, and heir of Philip Lamporte, late of Ballyhure, in the county of Wexford, to Robert Esmond. — Dvilin, Dec. 2, 45°. Membrane 14. 37. Grant of the custody, wardship, and marriage of Thomas Oge Power, sou and heir of Thomas FitzEdmond Power, of the Nynsye, in the county of Cork ; and Maurice FitzEdraond, son of Edmond FitzWilHam Oge, of Garran Shanes, in the said county, to Michael Pynnock. Membrane 15. 38. Livery of seisin of the possessions of Alexander Redmond to Alexander Redmond, of Redmond Hall, in the county of Wexford. — Dublin, Dec. 17, 45°. 39. Livery of seisin of the possessions of Thomas Keppocke to Stephen, his son and heir. It appearing by inquisition taken at Atherdee, in the county of Louth, the 15th of April, 1591, in the 33rd year of her Majesty's reign, that Thomas Kappoek, of Ather- dee, died the i4tli December in the same year, seized in his demesne as of fee tail, of 60 acres of land in Baltrasine, and of 120 acres arable in Atherdee, a water mill and weir (gurgitem) commonly called Keppok's weir and mill, and a large messuage which he held of the Crown in capite. — Dublin, Feb. 25, 45°, Membrane 16. 40. Livery of seisin of the possessions of Redmond Roket, of Atlon- port, in the county of Waterford, to Nicholas, hia son and heir. Dublin, Feb. 1 1, 45°. Membrane 17. 41. Livery of seisin of the possessions of John Barnewall, of Kil- brewe, in the county of Meath, to Patrick, his son and heir. — Diib- Un, Jan. 15, 1602, 43°. 636 PATENT AND CLOSE EOLLS, [1602. 45 Membrane 18. ■ 42. Livery of seisin of the possessions of Thomas Eussell, of Cookeston, in the county of Meath, to David, his eon and heir. — Dvhlin, Feb. 12, 1602, 45°. Membrane 20. 43. Memorandum, that on the 23rd February, in the 42nd year of her Majesty's reign, Sir Gerald Moore came into Court, and pro- ducing the indenture next following, prayed that it might be en- rolled, at whose request it is enrolled as follows : — Conveyance whereby Sir Anthony Sentleger, Master of the Rolls, granted and conveyed to Sir Garret Moore, of Mellifont, in the county of Louth, all his estate and interest in the following lands, which had been demised to him for 40 years, by patent dated loth July, in the 42nd year of her Majesty's reign, viz., a castle and 120 acres of arable land in Balliscanlan, in the county of Louth, a parcel of land in the Krivagh, containing 50 acres arable and 10 acres of underwood ; 60 acres arable in Balliukeran, 60 acres arable in Bal- linconnell, 60 acres arable in Killan, and the rectory and church of Balliscaulan, with all tithes, alterages, and oblations, in the county of Louth — Rent &^ 13s. /^d. — Nov. 26, 43°. Membrane 21. 44. Memorandum of Bdmond Bray, of Olonmel, having come into Court on the 4th of May, in the 45th year of her Majesty's reign, and producing the deed next following, prayed that it might be enrolled, at whose request it is enrolled as follows : — Conveyance whereby Richard Bray, burgess of Clonmell, granted and conveyed to Michael Bray, four messuages or tenements, with a garden in Zilane-street, and four other messuages or tenements, with a garden in the same street, in the town of Clonmel. — No date. [In- complete.] 1 57 3-] CHANCERY, IRELAND. 637 [By referring to Vol. I., page 554, it will be perceived it is there jjUzabeth. stated, that a Roll of the i6th year of Elizabeth was not, at that time, to be found of record ; a careful search, directed to make this work as complete as possible, discovered the missing Roll, which is now, though out of place, presented to the public. j Patent Roll, 16 Elizabeth. — 1573. Membrane i. Elizabeth R. 1. The Queen to Sir William Pitz Williams, Lord Deputy, direct- ing a lease to be passed to Robert Loftus, of a moiety of the rectory of Donboyne, in the county of Meath. [Obliterated] Greenwich, dept. 12, 1573, 15°. 2. Sir William PitzWilliams to Edmond Butler and Richard Sheeth; authorizing them to summon Edward Butler before them, and examine him to the interrogatories annexed, " as it is the dutye of all Christyans, mouche more of magistrates, to further the due tryal of trueth." — Castle of Dublin, Dec. 27, 1573. Interrogatories on the part of Henry PitzWilliams. "Whether, in the second year of her Majesty's reign, Sir Henry Sidney, Lord President of the Council in Wales, did seal a deed, being a part of an indenture between him and John Thomas, then his servant, purporting that he, the said Sir Henry, did give and grant to the said Thomas all his lease and term of years, that he, the said Sir Henry, bad then to continue, as administrator of Godfrey Hns- sey, in and to the manor and lordship of Scampton, in the county of Lincoln, and to the granges and other things in the indenture con- tained ? Whether the said Sir Henry delivered the deed to Wil- liam Bouthe, his servant, to be delivered to the said John Thomas? Who brought the deed to Sir Henry to be sealed 1 How many were present when Sir Henry sealed and delivered the deed ? And how many subscribed their names as witnesses thereto ?" Deposition of Master Edward Butler, taken at Downeskyagh the 4th January, 1573. Master Edward Butler deposes that "his name is written upon the backe of the part of the indenture, as wytness of the sealing and de- livery of the same indenture. His name was written by himself as witness upon the back of the deed, and therefore, and certainly as far as he can remember, the deed was perfected by sealing and de- livery, as the testimonial written on the back purports. He thinks that Ralf Knight preferred and brought the deed to Sir Henry to be 638 PATENT AND CLOSE EOLLS, [1573. 16 perfected. Witness himself was present, and he thinks that Ralph Elizabeth. Knight and others were present at the sealing and delivery of the deed. He does not remember at what place the same was sealed and delivered ; and further he cannot depose." Signed, Edmond Butler. E. Sheeth. 3. Commission to Adam, Archbishop of Dublin ; Sir John Per- rott, President of the Province of Munster ; Sir Nicholas Bagenall, Marshall of the Army ; Sir John Plunkett, Chief Justice of the Bench ; Luke Dillon, Chief Baron of the Exchequer ; Nicholas White, Master of the Rolls ; Francis Agard, Thomas Tenyson, and Launoelot Alford, to take the accounts of Sir William Pitz Williams, Treasurer at War, Under Treasurer, and General Receiver of the Revenue. — Redgrave, June 29, 15°' Membrane 2. 4. Commission to Sir William FitzWilliams, Lord Deputy, the Chancellor or Keeper of the Great Seal ; Sir Edward Pitton, Vice- Treasurer ; Sir John Plunket, Chief Justice of the Chief Bench ; Luke Dillon, Chief Baron of the Exchequer ; and Nicholas White, Master of the Rolls, to make leases for 21 years, of her Majesty's manors, lands, and possessions in Ireland. — Westminder, Dec. 12, 16°. Membrane 3. Elizabeth E. 5. The Queen to the Lord Deputy. — " Right trusty and well- beloved : understanding, as well by the pitiful complaint of the bearer, our loving subject, Elyn Pratt, now the wyfe of George Cresham, soldier, in that our relme, as by other credible reports, that she hath been many times spoiled there, and lastly, herself maymed of one of her hands, as is to be seene, and so from good welth is brought to povertie; we ai-e pleased to grant unto her a yearly fee or annuitie of £4 sterling, to be paid during her life out of the treasure of us, our heirs, and successors there," — Grot/don, July 2o» i573> i5°- Elizabeth E. 6. The Queen to the Lord Deputy, directing a grant in fee farm to be passed to Callogh O'More, of lands and tenements of the yearly value of £30, in consideration of the faithful service of his father, and his dutiful continuance therein until his death, and for the good opinion her Majesty has conceived that the bearer will follow the steps of his father in all faithful endeavours, as becomes a true sub- ject 'to do — until he gets possession of the lands, her Majesty directs, for his relief and maintenance, a pension of £20 a year to be granted to him. — Greenwich, April 22, 1574, 16°. To our right trusty and tvell-beloved Sir William FitzWilliams, knight, our Dej>uty, and to our Chancellor or Keeper of our Great Seal, &e. 1573.] CHANCERY, IRELAND, 639 Elizabeth R, . 16 7. The Queen to the Lord Deputy. — " Right trusty; whereas by your letters you moved us that Thomas Maisterson, Seneschal of Wexford, might, for his encouragement and better ability to serve us, hereafter, have a grant from us of that office for life, having the same now but daring pleasure : we let you wit that as well in re- spect thereof, as for your good comendation and tiie credible report we hear of his diligent and faithful service thear, wee are pleased and contented he shall have the same by a new grant from us under our great seal, quamdiu se bene gesserii. — Strandhouse, Dec. ii, 1573. i6°- " To our right trusty and well-beloved Sir William FitzWilliams, knight, Deputy of our realm of Ireland." Membrane 4. 8. Bond whereby Robert Comander, Rector and Prebendary of the parish church of Kilmatalway, in the county of Dublin, and Vicar of the parish church of Bowdenston, in the county of Kildare, acknowledges himself indebted to John Thomas in the sum of £100. ^ — March 14, 13°, 1570. 1 Conditions of the preceding bond, namely, that the said John Thomas shall have and possess the parsonage and prebend of Kil- matalway, and the vicarage of Bowdenston, during the life of the said Comander, frank and free, without payment of any rent. Elizabeth R. 9. The Queen to the Lord Deputy, directing a lease Jo be passed to Jasper Horsey, of lands and possessions, in possession or reversion of the value of £40 a year,' for 40 years — Greenwich, April 16 1574, 16°. Elizabeth R. 10. The Queen to the Lord Deputy, directing the appointment of Richard Laurence to the office of Serjeant-at-Arms, in consideration of his good and faithful service, reported by the Earl of Ormond. -■ Greenvdch, May 20, 1574, 16°. Elizabeth R. 1 1. The Queen to the Lord Deputy, directing the appointment of Henry Davell to the office of Captain of Dungarvan, in considera- tion of his good and faithful service, and for his better encourage- ment so to continue. — Greenwich, Ai^ril 20, 1574, .16°. Membrane 5. Elizabeth R. 12. The Queen to the Lord Deputy, directing a lease to be passed to the Earl of Ormond, by letters patent, of lands and possessions of the annual value of £ioo.-^Greenwuik, July 7, 1573, ^5°. 640 PATENT AND CLOSE KOLLS, [1573. '* 13. Pardon of Sir Edmond Butler, knight, otherwise called Ed- Elizabeth, niond Butler, of Cloghgrennan, in the county of Carlow ; Edward Butler, of ClogLinche, in the county of Tipperary ; and Peter Butler, of Lex Abbey. — Goramhury, March 12, 16°. 14. Conveyance from Christopher Browne, parson, of Wicklow, to Alexander Browne, of Neyleston, in the county of Dublin, of two farms or parcels of land in Clondolcan, in the county of Dublin, whereof one is called the Great Farm, containing 72 acres arable: and the other is called the Steeple Farm of Clondolkan, containing 60 acres arable ; To hold for such term and estate as the said Chris- topher now possesses in the premises. — Nov. 20, 16°, 1573. Membrane 6. 15. Exemplification of letters patent, dated 13th October, in the 30th year of the reign of King Henry the 8th, to Roger Chaloner. " The King, &c. : We have given and granted, and by these presents we demise to Roger Chaloner, one of the Ushers of our Chamber, a water-mill, called Martyn's mill, upon our water or river of Galway, in our hands, as our escheat ; and also the fishery of the water of our river of Galway, in our county of Connaught, within our land and dominion of Ireland ; and to the said Roger we give and grant licence to fish and take all kind -of fish of whatsoever kind or species they be, in every place of the water or river of Galway, with nets, weels, casting spears, set nets, and other engines and instruments by which they can be properly taken; excepting and always reserving those three fishing places which we, with the advice and counsel of Anthony Sentleger, George Poulet, and other Commissioners within our land aforesaid, demised in farm to Thomas Marten for the term of years in the indenture specified. To have, occupy, and enjoy the said water mill, the free fishery of our water or river of Galway, and all and every the fish within the said water or river of whatsoever kind or species they be, by himself, his servants, depu- ties, or assigns, in manner aforesaid to be taken, with all other profits, commodities, emoluments, and appurtenances whatsoever, to the said mill and fishery appertaining or belonging(except as before excepted) to the said Roger and his assigns, from the Feast of St. Michael the Archangel next following, for the term of 40 years fully to be com- pleted : yielding thereout annually to us, our heirs and successors, the sum of 20s. at the Feasts of the Annunciation of the Blessed Virgin and St. Michael the Archangel. — Richmond, July 30, 4 and S° Philip and Mary. Elizabeth R. 16. The Queen to the Lord Deputy; directing a grant of an estate to be made to Nicholas Harbert, of the Monastery of Dorro, in the King's county, and of all its possessions, as well, spiritual ^srteiwpo- ral, and all advowsons, rents, mills, reversions, and other cjomptiodjr; ties; for the -term -of his life ; remainder io Edward, his soij^Vpi^fi 1S73-3 CHANCERY, IRELAND. 641 heirs male ; remainder to William, son of said Nicholas, and his heirs ^^ male ; remainder to Richard, and his heirs male ; remainder to Elizabeth. Francis, and his heirs male ; remainder to Jasper, and his heirs male; remainder to the right heirs of said Nicholas and Katherine, his wife; remainder to Henry; remainder to the right heirs of Nicho- las: — also a grant to the said Nicholas and Eatherine of Monasterores, alias Harbertstowne, in the King's county, and all its possessions, as well spiritual as temporal, and all advowsons, mills, rents, reversions, and other commodities, for the term of the lives of the said Nicholas and Catherine, with several remainders, in her Majesty's letter spe- cified. — Windsor, July 8, 1574, 16°. END OF THE PATENT BOLLS OF THE EEIGN OF ELIZABETH. VOL. ri. 2 T INDEX. Abbert castle, 312. Acannaghe, rectory of, 364. Aohonree, Bishop of, 141, 146. Ackworth, Dr., 24. Acre, great, 514. Acworth, George, 12. Adamestown, manor of, 2. Adare, Black Abbey of, 35. friary, 318. rectory, 318. Adaxt, Bishop of, 413. Admiralty, Judge of the, 208. Adragole castle and town, 27 1 . Agard, Francis, 638. Aghamackairt rectory, 585. monastery, 585. Aghcarrin vicarage, 497. Aghean vicarage, 364. Agher rectory, 281. Agherie church, 483. Aghevoe fair and market, 414. rectory, 344, 425. Aghincorr rectory, 460. Aghmean chapel, 311. Aghvoe parsonage, 557. AiUward, Peter, 619. Ailmer, BartiUmewe, 528. Gerald, 431, 517. G«orge, 431. Nicholas, 35. Albrighte, John, 376. Alen, John, 204. Alford, Launcelot, 77, 159, 638. Laurence, 143. Allen, John, 383. Sir John, 70. All Hallowes abbey, 227. All Saint's priory, 346. Anaghcoen, abbey of, 14. Anaghe market, 123. Anally, country of, 439. Anchorite land, the, 4H). VOL. U. Anderson, Sir Edmond, 173, 385. Aney, commandry of, 284. Annaghgalle hospital, 313. Antro, Saint Finibri, monastery of; 201. Aphugh, Owen, 518. Apparel, Act relative to, 169. Apselye, Edward, 362. Aichibold, James, 176. Archer, Patrick, 606. Aidagh, Bishop of, 66, 67, 132. Deanery of St. Patrick of, 3^10. Ardcanaght town, 419. Ardearn convent, 267. rectory, 267. tithes, 267. Ardcath, manor of, 39. Ardcohne rectory, 469. Ardcroman, manor and advowson, 90. Ardea castle and lands, 300, 302. J- territory, partition of, 295. Ardiart and Achadeo, bishopricksof,162. Ar*fynan parsonage, 284. Ardekilly rectory, 358. Ardfert and Aghadoe, bishoprick of, 586. Ardkenan rectory, 459. Ardmagh market, 123. Ardmulchan.manor of, 85,241,531 ,542,566. rectory, 270. Ardsallaghe rectory, 426. Arglass, George, 18. Armagh, Archbishop of, 11, 79, 94, 114, 141, 207, 321, 402. Archdeaconry, 321, 402. Dean of, i29, 178. Arms, King of, 435. Army and Garrisons, Muster-Master of the, 139. Arran, Islands of, J 56. Arranmore, island of, 170. Arseroy, abbey of, li6. Arteslande, tithes, 379. Ashe, Thomas, 360, 430. 2 T 2 644 INDEX. Asketon church, 437. Askeyton castle, 190, 524. . Seignory, 190, 193. Asly, Eoger, 527. Aspole, Jaraes, 176. Athasshell town, 359. Athhone friary, 685. Athboy town, 2, 272. charter of, 452, 454. customs, 454. fairs, 453. Athenniaghe rectory, 585. Athenry, barony of, 169. town, project for re-inhabiting, 74. Athie, Arthur, 17. Walter, 622. Athirdee church and parish, 123. guild of Holycross, 1 23. Athlone, abbey of, 482. . castle, 153, 475. custom ^and toll of, 235. Gustomership of, 156. Pursuivant, 337. town, 18, 107. Attamgh parsonage, 557. Attorney of the Province of Connaught and Thomond, 216. .J A Attorney-General, 11,74, 153. ^ General, Province of Munster, 337, 377, 556, 561. Aty, Arthur, 31. Auditor-at-War, 143. of Ireland, 161. Auditor's Office, records of, 120. Aughmean, barony of, 198. Aughnemeall rectory, 460. Aunally the, or county Longford, 26. Award between the Mayor, Bailiffs, and Commons of the city of Dublin, and the Abbot of Saint Thomas- court, relative to a certain custom called the TolboU, 60. Aylmer, Gerald, 30, 85, 283. James, 565. Thomas, 31. Aylward, Mary, 48. Peter, 118. Ayre, Robert, 374. WiUiam, 374, 607. Ayshe, Thomas, 626. Aythinagh rectory, 516. Bagnall, Audley, 602. Sir Henry, 47, 155, 195, 290, 349, 509, 510, 602. Sir Nicholas, 154, 1 99, 603, 604. Ralph, 602. Baldoell, grange of, 56. Balknoe rectory, 359. Ball, John, 204. Ballaghinden castle, 209. Ballaghmore, manor of, 599. Ballanegillagh, nunnery of, 35. Ballearde rectory, 358. BaUeloco, Prior of the Abbey of, 14. Ballemore town and market, 12. Ballendroghed rectory, 303. Ballenedromny, 218, Ballenegowe castles and lands, 131. Balleruscan, castle and lands of, 116. BaUibogan, manor of, 524. rectory, 427-8. BaUibroek, manor of, 516. Balliburley town, 434. BalUcaslane, manor of, 599. Ballicke castle and town, 273. Ballidoghie town, 416. BaUidrenan citra, rectory, 338. Balliefeard rectory, 538. Ballienhill rectory, 538. Balligahin town, 419. Balligchin, manor of, 599. Balligeragh rectory, 358. Ballighirahin, manor of, 599. Balligoddran town, 334. Ballihean church, 314. Balliheige church, 411. Ballihomacke town, 417, 421. BaUikeaUe, manor of, 599. Ballikevan town, 417, 421. Ballilagoran, tithes of, 276 Balli-linche rectory, 359. Balliloghran, 333. Balliloyde, manor of, 328. Ballilurkegan rectory, 274. Ballimackelgot church, 41 1, Ballimagrie vicarage, 3S4. Ballina castle, 33. INDEX. 645 Ballinaglafisan rectory, 459. Ballin-Cairoll town, 274. BaUinecourt, castle of, 169. Ballinegall abbey, 416, 421. BaUingarie, rectory of, 273. Ballingarrie parish, 316. Ballingilvigg town, 421. Balliniacchinche hospital, 313. Ballinknock castle, 273. Ballinlowre town, 539. Ballinriodall town, 276. Ballintobber monastery, 303. Ballintra castle, 326. Ballipeirick town, 417, 421. Ballisagard town, 410. Balliscanlan rectory, 636. Ballisewan rectory, 538. Ballishannon castle and town, 587 . Ballivire town, 415. Ballybegge, abbey of, 49. Ballybogan monastery, 525, Ballyboy rectory, 460. Ballyconyly castle, 516. Ballyfermot, manor of, 349. Ballyhemon town, 323. Ballykyrin, manor of, 112. Ballymacormicke rectory, 271, 429. Ballyraore, Constable of, 145. customer, 16. manor, 15, 16. Ballynacormick church, 46 1 . BaUynaldin rectory, 459. Ballyndrohide priory and rectory, 1 . Ballynehaggilsy rectory, 411. Ballynelye church, 374. Ballynridiall town, 289. Ballyscanlan rectory, 53S. Ballywodane rectory, 538. Balmadroght, manor of, 351 . Balmakarne, manor of, 127. Balmascoloe, Lord of, 332. Balmorig town, 334 . Baltinglass, Lady, 185. rebellion of, 32. Viscount, 1 1 , 36, 37,44, 65,81, 87, 204, 272, 279, 304, 379, 430, 457, 462, 516. Bancroft, Bichard, 432. Bangarm monastery, 274. Banne fishery, 562. Bantry abbey, 266. Bantrye and Ardea, partition of, 295. Barby, Thomas, 108. Walter, 108. Barclay, George, 465. Barington, Captain, 67. Barkley, Edward, 152, 153. Sir Edward, 190. Barkeley, Francis, 465. Bamewall, John, 635. Patrick, 15, 34, 100, 348, 635. Sir Patrick, 117, 199. Peter, 322. Eichard, 106. Symon, 65. BarnwaU, Alexander, 357. Baron, Nicholas, 592. Rowland, 606. Barred, Thomas, 1 12. Barrett, Bdmond, 192, 217, 229, 283, 312, 313, 333, 409, 436, 442, 503. Redmond, 604. Barrie Moore's Great Island, 1, 303. Barrington, Captain, 67. Barron, Rowland, 606. Barrone, Thomas, 68. Barron's coimtry, 164. Barrowe river, 594. Barry, Nicholas, 136. Viscount, 136, 252. Bath, John, 99, 373, 633. Patrick, 330. William, 28, 139, 145, 190, 570. Beacon, Richard, 266. Beagh, house of Friars of, 458. Bealacorig castle, 412. Bealahawnish, barony of, 113. Bealgowle rectory, 414. Bealick castle and town, 303, 323, 365. Bealing, Richard, 71. Beare and Bantry countries, 140, 295, 298, partition of, 295. Bectiff fishery, 15. grange, 15. rectory, 15. Bedlewe, James, 69: Beeling, John, 168. Beggerye town, 278, 646 INBEX. Beile rectory, 358. Belaghanes, barony of, HI. Belgretown, 288. Bellings, Richard, 204. Belmagir, manor of, 2. Belyng, Eichard, 3. Benans, Nicholas, 497. Benefices, diocese of Dublin, 29. Bennet, John, 201. Bennyon, John, 121, 270. Beper rectory, 4. Berford, Wjlliam, 311. Berkeley, Sir I'rancis, 524. Berkely, I'rancis, 193. Bermingham, Eichard, 218. Befmingham tower, records of, 378. Bermyngham, Walter, 176. Berybrooke castle, 268. Boston, George, 140. Peter, 360. Beverly, George, 626. Bewper rectory, 523. Billingsley, Henry, 351. Billye, Blchard, 10. Bingham, Sir Eichard, 127, 14], 163,216, 217, 283, 291, 473, 499, 503, 509, 510. Bird, John, 68. Birde, Henry, 549. John, 549. Birt, William, 330. Bishop, Thomas, 491. Bishoprick of K (province of Con- naught), 224. Bisse, Christopher, 432. Eobert, 437, 508, 522. Blaek Triars, Dublin, 16. _ priory of, near Youghall, 327. Blackerath rectory, 359. Blackwater bridge, 594. castle, 130. Blanchvilde, Gerald, 430, 446. Blanchvile, Edmond, 430. Blanchvillestowne rectory, 4, 482, Blarny, manor of, 153, 170. Blessed Virgin Mary, qf Borages, rectory of, 348. Bluck, James, 253. Blunte, Sir Christopher, 522. Eobert, 683. Bodderday, Humfrey, 603. Boheme, Eobert, 377. Boice, Peter, 65. Boirescarroe rectory, 314. Boiton, James, 391. Bonan, William Oge, 333, 409. Bonnaghts, 130. Bonnoght, 11. Boome, Edward, 231. Bostocke, Lancellot, 140. Robert, 195, 284. Bomrchier, Sir George, 16, 28, 78, 129,144, 236, 291, 321, 330. Henry, 425. Bourke, David, 430. Edmond, 303. ^ John, 49,410. Oliver, 445. Sir Eichard, 624. Shane, 504. Theobald, 303, 304. Captain Thomas, 624. tJllicke, 27. Sir William, 30. Bowdenston, Vicar of, 639. Bowen, Robert, 283, 332. Boylan, Richard, 517. Boyle, Nicholas, 349. Richard, 323, 362, 561 . Thomas ne, 418. Brabazon, Edward, 68, 161. Sir William, 12, 69. Brady, Luke, 138. Philip, 278. Thomas, 277. Brady s, pardon of, 591. Bray, Edmond, 636. Michael, 636. Richard, 636. Breayne West, country, 139. Brehon Law, 169, 272, 410. Bremingham's country, 23. Brenagh, Edmond, 607. Shane, inquisition, 187. Brennan, John, 498. Brenny, Earl of, 93. Brensett, parish of, 31 . ^^. / T(-n INDEX. Hr Breny, country of, 439. Brereton, Catherine, 8. Eandall, 122, 232. Williain, 563. Brett, Kichard, 252, 283. Brian Fertagh country, 274. Bridgetown abbey, 156. Briskett, Ludovick, 251, 272, 303, 304, 323, 338, 602, 561. Broderepe, Walter, 59. Brokeland, parish of, 31. Bromley, Henry, 193. Sir Thomas, 102. Broncard, Henry, 71, 393, 438, 462, 541. Brooke, Edward, 630. Brown, Simon, 3. Browne, Alexander, 640. Christopher, 640. Edmond, 176. Gerald, 509. John, 10, 74, 243, 502. Nicholas, 170, 617. Patrick, 341. Lord Thomas, 322. Thomas, 16, 39, 362. Sir Valentine, 81, 129, 153, 160, 170, 612, 617. Sir Walter, 16. Walter, 2. William, 182, 218, 285,332, 341, 350, 363, 378. Bruges, George, 108. Brunckard, Sir Henry, 641. Brymyngham, John, 176. Burgh, Thomas, Lord Deputy-General of Ireland, 416. 466, 467, 471, 477, 485,651,669. Theobald, 551. Burghley, Lord, Treasurer of England, increasing the pension of George Thornton, 1 17. Sir William, concerning the at- tainted lands in the province of Munster, 399, 465. ' in favour of Teige MacDer- mod M'Carty, 202. Burk, Sir John, created an Earl, 22. Burke, JohnKtzWilliamKtzEdmoiI^41 S. Burnchurch, rectory, 4, 483, 523. Burne, Edy, 33. Bumell, John, 272. Maurice, 512. Burnell's inns, 85. Burnett, Henry, 78. Burreish, manor of, 699. Burtall, John, 136. Busher, Sir David, 68. Butler, Sir Edmond, pardon of, 640. Sir Edward, 88. Edward, 637, 640. Eleanor, 99. James, 16, 102,381. Peter, -502, 640. Philip, 65. Pierse, 623. Sir Theobald, 37, 56, 99, 328, 363. Sir Thomas, 3, 4, 99, 687. Thomas, 88, 327, 328. Sir William Duff, 507. Buttevant fair, 136. manor of, 136. Byrne, Edmond, 64. _ Gerald, 193. Byrnes' country, 193. Cacher, manor of, 112. Caddell, George, 486. Robert, 116,361. Caher, Baron of, 37, 66, 99, 328, 363. pardon of, 523, 587. release of the title, 99. Dowager Lady, 587. Lady, 587. manor of, 328. Callo lordship, 588. Calragh, manor of, 112. Calthorpe, Charles, 146, 291. Galveston vicarage, 348. Campion, William, 197. Canton, Francis, 543. CantweU, Thomas, 432, 548. Cantwell's court, 648. Cappaghglasse, manor of, 625. Cappoquin, lordship of, 198. Capstock, Francis, 281, 337. Carbry, barony of, 23, 145, 288. Ticarage, 23. Cardestown rectory, 407. 648 INDEX. Cardiston parish, 457. tithes, 434. Caree, Katherine, 121, 127. Peter, 3, 121. Carewe, Sir George, 156, 168, 170,195,234, 236, 539, 553, 575, 586, 601, 603. Peter, 3, 65. Caricknemeck, manor of, 170. Carie, Sir George, 564. Carignevar castle, 153. Carleburie, manor of, 141. Carleil, Captain, 152. Carleyle, Captain Christopher, 159. Carlingford, Black IFriars of, 155. fishing of, 570. manor of, 155. rectory, 273. river, tithe of the fishing of, 273. Carlow, see Catherlogh. manor, customs of, 515. Carmarden, Richard, 535. Carna castle, 361. Carualway vicarage, 498. Came vicaragOi 497. Carny, Maurice, 237. Carpenters of Dublin, Corporation of, 67, 68. Carra, barony, 303. Carrick, ferry of, 91. rectory, 459. Carriokfergus Castle, Constable of, 425, 618. charters of, 607. common of, 6 10. rectory, 270. Carrick Ruagh, manor of, 112. Carriglyn castle, 314. Carrigogonell, 91. Carrigrohaii castle, 19.5, 314. Carroll, Peter, 517. Carter, William, 223, 224. Cartrevvye rectory, 459. Cartron, meaning of, 461. Cartry, barouy of, 71. Carty, Teyg M'Owen, 254. Carucate, meaning of, 461. Carve, meaning of, 154, 461. Gary, Sir George, 532, 564, 565, 600. Cashel, Archbishop of, 33. 236,244, 861,432. Cashel, charter of, jB2, 236, 237. college of, 244. commonalty of, grant to, 48. town, 391. Casie, William, 504-5. Castle Barry castle, 303. Castle Doaghe, vicarage of, 348. Castlejordan, manor of, 84, 363. rectory, 427, 428. Castlekippen town, 505. Castlemaigne Castle, Constable of, 151, 432, 586. Castlemarten, manor of, 144,145,204,339. Castlemayne town, grant of incorpora- tion to, 633. Castlemeyse, custom of herrings, 1 65. Castlemighill castle, 326. Castlemore, manor of, 170. Castlenehensies, manor of, 170. Castle Riccard, 195. Castletown, manor of, 2, 223,-509, 599. Castletowne and Glynne, Seignory, 140. Cathedral of the Holy Trinity, Dublin, 15, 157, 275,321, 332,349. of St. Patrick, "Wexford, Chaplain of the Chancellor, 543. Catherlogh castle, 184, 209, 514. Constable of, 283. - commandry of, 185. - county, 311. - customs and duties, 515. ■ fishing, 515. ■ fort, 184. -manor of, 375, 514, 615. Catyn, Denis, 109. Cavau, Baron of, 93. monastery of, 2 J 9. Cavanagh,DermotM'Morris,212,373,502. Cavenagh, Donell, 241. Dowlin M'Brian, 241. Cavenaghe, Donnogh M'Arte, 267. Cavenaghes, the, 93, 177, 241, 373. Cayre, vicarage, 376. Cecill, Secretary, in favour of SirGeffraie Fenton, 477, 480. Chaffe, Robert, 262. Challoner, Christopher, 124. Luke, 432. Chaloner, Roger, 640. INDEX. 649 Chamberlain, John, 2. of the Queen, 18. Eichard, 145. Chamberlene, Thomas, 112. Champen, John, 174. Chancellor of the Exchequer, 99, 432. the Lord, 29, 30, 70, 119, 123, 128, 129, 139, 281, 283, 480. of St. Patrick's Cathedral, 12, 76. Chancery, Clerk of, 36. Court, officers of, 262. Master of the Court of, 502. Chauons, abbey of, 58. Chanter of Cathedral, Dublin, 321. Chapman, Thomas, 171. Chappell-lsold church and town, 416. Charden, John, 376. Charelley church, 374. Charoreaghe rectory, 313. Charter, granting to Hugh O'Neile the title of Earl of Tyrone, 123. Charter of Incokpokation of : — Athboy, 452, 454. Carrickfergus, 607. Cashel, 82, 236, 237. Clonmel, 210, 211, 212. Dingle-i-Cushe, 105. Galway, 5. Kilmallock, 86, 275. Kinsale, 180. Limerick, 50. Maryborough, 219. Naas, 368. Boss, 110. Trinity College, Dublin, 227,346, 415, 440, 654. Waterford, 40, 305. YoUghal, 96. Chatfild, Walter, 491. Cheevers, Christopher, 526. . John, 525. Chetham, Thomas, 378, 618. Chever, Sir Christopher, 176. Robert, 91. ChibaU, WUliam, 517. Chichester, Eichard, 281, 290. Chief Baron, 92, 397. Bench, Chief Justice of, 47, 107, 157, 391. Chief Place, Chief Justice of, 71, 76, 404. Second Justice of, 522. Chirographer of the Common Bench, 278, 321, 466. Christchurch, Dean of, 91, 94, 178. Church, visitation of the, 291. Churchetowne rectory, 378. Cladaghe, rectory, 15. Claiton, Launcelot, 95. Clanearre, Earl of, 140, 170, 176, 296. Clancarty, Earl of, 617, 632. Clandeboy seneschalship, 159. north, 226. Clandermod castle and manor, 266. Clane, Portrieve and Burgesses of, 100. Claneboy, Seneschal of, 152, 396. Clanfynine, territory of, 170. Clankillan, inhabitants of, 52. Clanneonogher, territory of, 176. Clanrickarde, Earl of, 27, 49, 94, 304, 524, 600. ClanwiUiam, barony of, 551. Clare abbey, 11. county, composition, 138. county, treaty onbehalf of her Ma- jesty, and the lords, chieftains, and inhabitants of, so far as con- cerns Donell Eeagh M'NeMarrae, 136. county, re-united to Munster, 590. Henry, 492. priory, 251, 428, 442. Sheriff of, 77. Clarke, Sir William, 283, 432. Clasmore chapel, 311. Clenlishe, manor of, 375. Clenmore, borders of, 130. Clere, David, 392. Clerk of the Castle Chamber, 162. of the Casualties, 304. of Chancery, 36. of the Cheque, 139, 247, 398. of the CouncU General, 39, 284. of the Crown, 128. of the Crown in Chancery, 213, 332. of the Crown and Hanaper.feesof 205. 6So INDEX. Clerk of the Crown and Peace for the counties of Down, Cavan, Mon- aghan, and Fermanagh, 156. of the Crown, Peace, and Sessions, for Westmeath, &c., 281. of the High Commissioners in Causes Ecclesiastical, 152. and Scribe of the Commissioners of Ecclesiastical Causes, 281. of Pleas, Exchequer, 344. of the Court, Prothonotary, and Keeper of the Writs, BUls, Files, EoUs, and Eecords, 519. of the Fines, 152. of the First Fruits, 126, 162, 456. of the Hanaper, 152, 159, 205, 332. of the Market, 191, 498, 630. of Nisi Prius, 519. of the Peace and of Assize, 519. of the Star Chamber, 14. of Works, Castles, &o., 281, 837, 667. or Engrosser to the Seal of all ori- ginal Writs, 311. or Master of G-arrisons, 230. Clifford, Conyers, 472, 473. Clinch, Patrick, 152. Clinton, Thomas, 433. Cloghane, town of, 36. Cloghanshenan, town of, 409. Clogher and Kilmore, bishopiicks of, 246. Clomyne castle, 335. Clonagh castle, 117. Clonard rectory, 538. Clonarde monastery, 286. Cloncalliagh, town of, 421. Cloncarrie vicarage, 620. Clone, Rector of, 16. Clonea town, 416. Clonebirne castle, 364. Cloneburryn, manor of, 599. Cloneflnlagh town, 416. Clonegisse rectory, 314. Clonelaghan castle, 312. Clonemeene, manor of, 699. Clonemyne castle, 260, 393. Cloneowlye, commandry of, 48. Clonfert, Bishop of, 31, 321, 60& deanery, 497, 505. Clonfert university, 21, 22. Clongliffe rectory, 271. Clonglisse rectory, 461. Clongoeswood, 145, 204. ClonkaUiaghe town, 416.. ' Clonmel burgagery lands, 57. charters of, 210, 211, 212. customs, 210. inhabitants of, 151. - provost and commonalty, 212. Clonmore castle and lands, 84. rectory of, 348. ClonnaU, commandry of, 378. Clonowen castle, 156. Clonshanmoyle monastery, 364. Clontarf, manor of, 645, 570. Clontes, country of, 313. Clonyn castle, 303, 323. Cloughamon, manor of, 241 . Cloughdalton castle, 271. Cloyne church, 97. Cloynegise rectory, 429. Cly, Robert, 599. Clynton, John, 112. Cnockmorney vicarage, 497. Cocket custom, 309. Codd, Balthazar, 374. James, 661. Jasper, 119, 661. Thomas, 374. Coe, William, 432. Cogane, David Gangcaughe, 178. Miles, 178. Coinage of harps and Irish money, pro- clamation touching thei 678, 582, 583. CoJclough, 139. Colcloughe, Anthony, 110. Cole, Gregory, 14, 16. Collam, Robert, 128, 315. CoUey, Sir Henry, 1. Colman, Richard, 39. Colp, meaning of, 508. Colthurste, Andrew, 183. Comander, Robert, 639. Comerford, Gerald, 72, 99. Geret, 216. Gfeorge, 70. Henry, 106. INPBX. 651 ComerfoTde, FierSj 513. Eichard, 629. Cometh castle, 361. CcHUUlssioN : To inquire concerning all persons attainted, 71. To ascertain what right or title, Ed- mond Barret, senior and junior, have to certain lands in the baronies of Erris and Tirawley, 508. To inquire what lands and tenements Gerald Blanchvilde held, 445. To ascertain the possessions of Shane Brenaghe, 187. To take the accounts of Sir William EitzWilliam, Treasurer-at-War, 638. To ascertain what lands in the county of Kildare belonged to the Crown, 204. To ascertain what lands and posses- sions Sir Donald O'Connor held in the prorince of Connaught, 145. To grant leases of all her Majesty's manors, lands, fishings, rectories, tithes, alterages, and other here- ditaments, 77, 157, 287, 471, 535, 564, 638. To administer to the Officers and ministers of the Court of Chan- cery the oath prescribed by the Statute, 252. For levying Debts due to her Majesty, 467. To the Mayor and Bailiff of Galway to return the recognizances of Francis Marten FitzThomas, and others, 622. To inquire concerning certain coij- cealed Lands, 81. To the Lord Chancellor and others, during the absence of the Lord Deputy from Dublin, 281, 283. To view and estimate lands in M 'Cos- telloe's coimtry, 141. To take eyidence as to MarI;iag^, 12, 512. Commission : To Thomas Earl of Ormond and Ossory, to execute martial law within the Pale, 2Sl. For Martial law, 432. To determine causes in the province of Munster, 129. For the government of Munster, 465. For the plantation of Munster, 129, 172, 351, 362, 355. For the renewal of the plantation of Munster, 355. For setting the province of Munster to undertakers, 129. To partition and divide the territories and countries of Beare, Bantrye, and Ardea, 295. For putting in execution the Acts concerning the Queen's supre- macy, and for visitation pf the church, 290, 291. To administer the Oath of supremacy, 367. To determine a suit between Peter Aylward and Lord Power, 118. To hear a cause between Oliver Eustace and Christopher Eustace, 456. To take the submission of O'Neill, Maguire, and M'Hugh Oge, 382. To appoint and limit to Walter Scur- loke, ol the Frayne, in the county Meath, a portion of his lands for manurance, plowing, and cattlej 631. To accept Surrender of the office of Comptroller of the Customs of Dublin and Drogheda, 320. To accept Surrenders and re-grant lands, 78, 110, 606. To receive a Surrender of the office of Marshal of the Army, 199. To accept Surrender of the office of Pursuivant, 337. To compound for Wardships and live- ries, 78. To grant the custody, wardship, and marriage of the heirs of tiiose who belonged to the Crown, Jfy, 653 INDEX. Commission : To grant wardships, leases, and live- ries, 466. To examine witnesses on behalf of the Archbishop of Dublin, 124. To examine witnesses on behalf of Edmond Nugent of Dublin, 618. To examine witnesses on behalf of Roger OTlaherty, 1 28. Common Bench, Chief Justice of, 7 1 , 270. Pleas, Chief Justice of, 76, 107, 246, 251, 332, 391, 394, 484. Keeper of the Seal of the, 466. Compact between Mageoghegan, Chief of Kineleagh, and the Fox, Chief of Muinter-Thadhgain, 572. Composition made with subjects inhabit- ing within the precinct of the English pale, for a yearly sum of £2,] 00, 476. Clare county, 138. M'Costelloe's country, 142. Sligo county, 146. Comptroller of the Customs, Dublin and Drogheda, 320, 321, 338. Comragh, barony of, 197. Condon, Patrick, 209, 327. Bichard M'Mang, 496. Conechi manor and castle, 623. Congan, Peirs, 71. Conge abbey, 313, 416. Connall, monastery of, 28, 411. Connell, Lord Baron of, 30. Connaught, her Majesty's Attorney-at- Law for province of, 216, 586. Chief Commissioner of, 141,283,503. Chief Justice of, 141, 337, 503. Clerks of the Crown, 367. Clerk of the Council of, 18. Division of, 137. Governor of, 30, 49, 77, 127. Orders for government of province of, 18. Playnes of, 137. restored to its ancient bounds, 20. Rebellion in, 471. Connolaght country, 223. Connor, John, 471. Constable of St. Leger's Castle in Ather- dee, 498. of Dublin Castle, 388, 670. of the Monastery of Knockfergus, 425. of the Castle and Eort of Mary- borough, 519, 526. of the Castle of Naas, 65. Contract by John Bath, during the life of Earl of Thomond, to find for his use four horses and boys, as ofteo as his lordship shall come to the city of Dublin, 633. Cooyrsty, Itobert, 291. William, 519. Cooke, Arthur, 350. Richard, 368, 432. Cookestowne, tithes of, 426. Copinger, Thomas, 206. Copower, John, 153. Coppinger, Thomas, 39. Coppynger, Thomas, 412. Corb, meaning of, 132. Corbally town, 421. Coricoghlan rectory, 344. Cork, bishoprick of, 66. prize wines, 102. Dean of, 555. — : and Cloyne, Bishop of, 122. Cornewall, Captain Giles, 193. Corrye, Arthur, 253, 285. Cosbie, Captain Arnold, 156. Cosby, Alexander, 251, 263, 265, 268, 277, 281. Francis, 367. — - William, 367. Coshmayne, territory of, 170. Cosmaigne manor, 170. Cottgreve, William, 337. Coulkerie rectory, 557, 685. Coulkill, tithes of, 585. Council Lords of, vide Lords of Council. Courcey's country, 179. Coursey, Thomas M 'Richard M'Bicard, 278. Court monastery, 366. Cowgan, James, 70. Cowlchill, manor of, 599. Cowie town, 419. INDEX. 653 Cowlemacsawry, manor of, 118. Cowleneringe, house of friars of, 458. Cowley, George, 23. Lady, 186. Sir Henry, 23, 24. Cowlock vicarage, 304. Cowyk, Rowland, 36. Coyle, Thomas, 376. Coyn, Edmund, 106. Cradookestoue rectory, 407. Cradockston tithes, 434. Crede mihi, MSS., 28. Creiff, Thomas, 12. Crief, Sir Thomas, 68. Criefe, William, 277. Croft, Richard, 47, 84. Crofton, John, 26, 71. Crofts, James, 193. Croghane, Patrick, 577. Croghe parish, 316. Croke, preceptory of, 218. Cromlin castle, 174. Crona, Donell, 128. Crooke, commandry of, 82. Crooker, Thomas, 264. Crosbie, John, 586. Patrick, 483, 604. Crosby, John, 560. Patrick, 594. Crotanstown town, 230. Crowe, William, 466. Cuffe, Hugh, 203, 295, 465, 497. Culea, rectory of, 364. CuUen, John, 90. Patrick, 116, 594. Robert, 351. Cullum, Robert, 356. Curraghmore, Lord Baron of, 118, 507. Curren, Sir Hugh, 119. Cusack, Edward, 38, 40, 431. George, 526. James, 526. Marie, 587. Patrick, 527. Walter, 526. Cusacke, George, 138. Henry, 357. John, 36, 73. Michael, 592. Cusacke, Richard, 517. Cusake, Christopher, 233. Edward, .38, 41. John, 35,36, 71. Robert, 106. Sir Thomas, 7 1 , 93, 1 75, 285. Thomas, 106. Customs, Comptroller of, 338. of the manor of Carlow, 515. Daddenbargen town, 359. Dalkye, the port of, 72. Dalton, Allison, 543. Nicholas, 351. Roger, 311. Thobald, 245. Thomas, 245. Dalway, John, 425. Oamporte, William, 321. Dancy, Henry, 176. Danett, John, 426. Dangan, 90. Dangenyvigin, Seneschal of, 77. Dangine, manor of, 592. Dangyn town, 137. Daniell, John, 230. Darcy, Christopher, 33, 535, 599. Edmond, 34, 66, 535. George, 599. William, 33. Darrell, Francis, 41. Dartry, Chief Lord of the, 226. Daton, William, 507. Dauke, Robert, 127. DaveU, Henry, 639. Davells, Henry, 44. Davys, Henry, 376. Dawtrie, Captain, 159. Dean of the Cathedral of the Holy Trinity, Dublin, 332. of thesCathedral of St. Patrick's, Dublin, 246, 247, 497, 512. Deane, Henry, 273. De Angolo, PhiUp, 197. De Astborn, Sir Blias, 599. De Barry, Philip, 23. William, 23. De Burgo, John, 102. William, 112. ^54 INDEX. De Burgoe, Sir Bichard, 304. Ulick, 304. Decree establishing the legitimacy of Ullicke Bourke, 27. discharging Gerot FitzMorice, of Thomastown, from payment of cess in relation td the lands of Eyglasse, 223. in a suit between the Earl of Or- mond and the town of Galway, relative to the prize wines of Galway, 100. concerning the "Tolboll" custom in the city of Dublin, 62. Deed of gift from Lord Howth to his son, 195. whereby John Eider, Dean of the Cathedral of St. Patrick's, Dub- lin, grants to Her Majesty an an- nuity of 300 marks, in release of a fine of £2,000 imposed on him by the Court of Star Chamber, 512. Deeringe, Anthony, 85. De Grandison, Otho, 212. De Lacy, Walter, 197. Delahide, Christopher, 512. Jehan, 567. Johana, 113. Laurence, 100. Richard, 113. Thomas, 513. Walter, 567. Delahoyde, John, 523. Delamare, Morishe, 618. Delamere, Edmond, 245. Geoffry, 618. Henry, 619. John or Shane^ 246. Maurice, 245. Eichard, 245. Delvin, Baron of, 3, 11, 106, 114, 132, 176, 189, 439^1b'9, 526. De Maistres, Peter, 80. De Montmorency, Henry, 194. Dempsey, Lisaghe, 626. Denn of Grennan, 591. Denny, Sir Edward, 160. De Ponyngs, Sir Edward, 329. De Prendergast, Philip, 329. Deputy-General of Ireland, 72, 77, 1S7, 415, 564. Derfadd town, 276, 288. Derhinhinchie rectory, 358. Dering, Anthony, 82, 85. Derpatricke rectory, 522. Derrick, Great, rectorial tithes, 459. Little, rectorial tithes, 459. Derronston castle, 416, 421. Derront, Gibbon, 417. Desmond, Countess of, 116, 186, 342,479, 480. Earl of, 36, 81, 96, 108, 109, 198, 207, 210, 315, 316, 418, 419, 440, 624, 593. proclamation of rebellion, 109. James of, 81. John of, 81, 153. Sir John, 35. Lady, pardon o^ 94, 514. • rebels of, 32. Dessees, Viscount of the, 198. » Deston and Laurence, Richard, 176. De Talbot, Lord, 208. Deverox, Clement, 16. James, 16. John, 543. Deveroux, Sir Nicholas, 2. Dewleeke town, 514. Dewleke, barony of, 115. De Wale, Ulick, 90. Dillon, Bartholomew, 170. Gerald, 363, 367. James, 337, 527. Sir James, 631. John, 206. Sir Lucas, Chief Baron, 38, 47, 57, 77, 92, 95, 107, 145, 172. Sir Luke, 71, 337, 431, 619, 638. Nathaniel, 39, 620. Nicholas, 170. Sir Robert, Chief Justice, 38, 40, 71, 76, 124, 129, 145, 172, 246, 251, 291, 329, 332, 394, 404, 484. Theobald, 143. Thomas, 2, 141, 283, 337, 503. Dingle-i-Cushe town, charter of, 105. Sovereigii of, 105. INDEX. «SS Dimconnell, manor of, 625. Disert rectory, 411. Dispensation, letters of, 17. Divorce, sentence of, between Johanna O'Kearoll and John de Burgo, Baron of Leitrim, 102. Dix, William, 598. Dohyn, Nicholas, 376. Dockwray, Henry, 290, 391. Dodd, Peter, 497. Dodder water, 62. Donaghmore, manor of, 599. Donard vicarage, 348, 538. Denbigh, Baron of, 17. i)onboyne rectory, 637. Donbrody abbey, 193, 194, 231. barony of, 31, 403. Dondalk BailifTs, 189, 190. and Commons, 1 89. castle, 139. franchises, 189. mersses of, 189. Donellaine, Kehemia, 348, 401 . Dongan, John, 437, 482. William, 525, 527. Dongarvan, Constable of the Castle of, 36, 391. parsonage, 311, 543, Donluce, Constable of, 121. Donmore parish, 321. Donmullyn, manor of, 90, 159. Donnaghmore prebendary, 262. Donogho, Rorre, 170. Donoure, barony of, 58. Donshaughlin parsonage, 459. Dormer, George, 118. Dorro, monastery of, 640. Dorsie, James, 505. Dounebrodie abbey, 389. Douske abbey, 285. Dowa rectory, 411. Dowdall, James, Chief Justice, 47, 76. Sir Robert, 455. Dowding, John, 100. Down, Archdeacon of, 232. and Connor bishoprick, 250, 270, 376, 498, 589. county, High Sheriff of, 232. Downebill rectory, 369. Downe Connock rectory, 378. Downemoenwye castle, 202. Downemone town, 417, 421. Downeneane, castle and lands of, 116. Downings, church of, 256. Downyne, manor of, 170. Draicott, Henry, 114, 115. Draper, Robert, 620. Dremalnnyrie', manor of, 266. Drinane, manor of, 362. Drinckell, Edward, 82. Drogheda, Clerk of the Crown, 2, Comptroller of Customs, 281, 321. port, customs, 290. Searcher and Ganger of the Port of, 320. Dromaddie rectory, 357. Dromarie rectory, 483. Dromear, Vicar of, 34. Dromcarowne town, 334. Dromcarre vicarage, 332. Dromdowney, manor of, 12. Dromedonell, manor of, 266. Drome-on-Clohig, manor of, 266. Dromloghan town, 417. Drommomarkie town, 421. Dromolane castle, 516. Dromore castle, 335. Dromswichen manor, 266. Dromyne vicarage, 364. Dromynhantry,jnanor of, 266. Dromynine castle, 335-6. manor of, 393. Dromyskyn parish, 288. Drong and Leyragh rectory, 277. Droughere, manor of, 112. Drum^verian rectory, 358. Drury, Sir WiUiam, 15, 23, 31, 193. Dryne, church of, 364. Dublin, All Hallows' abbey, 227. Archbishop of, 3, 1 1, 17, 24, 28, 29, 31,71,72, 123, 124, 262, 436, 496, 563. - Archdeacon o^ 3, 321, 402, 455. • buU-ring, 85. ■ Carpenters, Corporation of, 67. ■ Castle, Constable of, 388, 570. . Janitor of, 280, 434, 58ft 656 iNDBX. Dublin Castle, Keeper of the Council Chamber, 118, 497. Castle, Marshal of the Court of Castle Chamber, in, 434. City, award between the Mayor, Bailiffs, and Commons of the city of Dublin, and the Abbot of St. Thomas-court, relatire to a custom called "The TolboU," 60. College, charter, 345,346, 415, 440. Comptroller of the Customs, 39, 269, 320, 321. Mayor of, 28, 291, 592. Mayor and Sheriffs of, decree con- cerning the title of St. Thomas- court, 58. Eecorder of, 28, 347. Searcher and Ganger of the Port of, 320. Sheriff of, 28, 59. University, 227, 345, 408, 415, 440, 552, 553, 554, 668. watercourse, 62. Duffe, John, 332. Nicholas, 332. Thady, 520. Theobald M'Thomas, 313. Duke, Henry, 47, 84. Sir Henry, 191. Duleeke, priory of, 200. Dunboyne, Lord Baron of, 88, 381, 548. rectory, 594, 605. . Duncannon, Baron of, 123. fair, 123. ■fort, 561,564. . market, 123. Dungarvan, Captain of, 639. — . — Castle, Constable of, 290. parsonage! of, 44. priory, 284. Dunkitt, manor of, 187. Dunluce castle. Constable of, 127. Bunshaughlin vicarage, 350, 459. Dutton, John, 193. Dwiger, Edmond, 338. Dycker, meaning of, 179. Dyke, Robert, 455. Easton, John, 30, Ecclesiastical causes. Principal Registrar of the Commissioners of, 350, 498. Eccleston, Tristram, 570. Echingham, Edward, 31, 193. Lady, 231. Edendoghkerry castle, 226. Edgeworth, Edward, 250, 270. Egerton, Charles, 18, 617. Egglishe Crossie church, 437. chapel, 311. Egglishnegarly chapel, 311. Eliot, Thomas, 39. Elliott, James, 349. John, 145. EUyd, John, 219. Elphin abbey, 313. Bishop of, 66, 146. cathedral. Provost of, 278. Elye O'Carroll, country of, 232. Elyott, John, 156. Enasse, Brian M'Connor M'Shane, 313. England, William, licence to tan leather, and make aqua vite, 337. Enniscorthy customs, 319. manor of, 33, 90, 319, 402, 502. monastery of, 90. Enos, Donat, 563. Enowes, John, 596. Richard, 595. Envyne rectory, 460. Erenagh, the, land, 133. Erris, barony of, 504. Eschaetor-General, 71. Esmond, Robert, 626, 635. Essex, Earl of, appointment to the office of Gieneral Governor of Ireland, 520. Earl of, 225, 429, 467, 520, 531,553. Eustace, Christopher, 28, 95, 330, 331 , 456, 518. Edmond, 481. James, 65, 145, 594. John, 145, 204, 430. Morice, 230. OUver, 277, 456. Thomas, 267, 483, 624. WilUam, 87, 145, 230, 339, 340. Euter, M'William, 22. Index. 657 Evelyn, George, 188. John, 188. Everarde, John, 445, 633. Gvon, manor of, 429. Evrstace, James, 204. John, 204, 379. Exchequer, Barons of, 12S. Chamberlain of, 2, 1 8. Chancellor of the, 99, 432- Chief Baron of, 71, 77, 157, 246, 270, 337, 349, 623. Chief Engrosser of, 377, 466. Chief Rememhrancer of, 39, 190, 213. Clerk of Common Pleas, 143, 344, 425. Deputy Remembrancer of, 183. Secondary of, 436. Second Baron of, 502. Second Chamberlain of, 425. Second Remembrancer of, 426,432. Summonister of the, 520. Exigenter's oflBce, 386. Fairs and markets, 192. Eanning, George, 77, 138. Earinegelagh town, 421. Farmer, John, 497. FarreU, John, 124. Fay, Meyler, 387. Richard, 536. Fayerfield, parish of, 31. Feames, Chancellor of, 547. and Laughlin bishoprick, 647, 555, 569. manor of, 241. Feinon rectory, 368. Felde, Reginald, 330. • Fenton, Sir Geoffry, 291, 463, 466, 467, 471, 477,480, 481, 544, 545, 564, 567, 570. Fermanagh, countrie of, 546. Fermoy abbey, 168, 195, 207. monastery, 201. Viscount, 158, 207. Ferns, bishoprick of, 24, 31, 329, 547, 555, 569. Constable of, 39. VOL. II. Ferns, deanery of, 197, 219. Fethard abbey, 343. town of, 30, 359. Finglass, Richard, 189. town, 419. Finglasse, John, 202. Thomas, 202. Fisher's-stent, 55. Fitton, Alexander, 1 8. Sir Edward, Vice-Treasurer, 11, 18, 20, 129, 153, 638. GeoflFry, 71. FitzAlexander, Edmond, 481. FitzDerbie, Cormac Carty, 152, 170. FitzEdmond, Edmond FitzGerald, 545. John, 33, 545. Maurice, 635. Piers Butler, 243, 270, 276. FitzEdward, Patrick Galway, 168. FitzElice, Richard, 193. FitzEustace, Maurice FitzOliver, J 44. Roland, 144. Thomas, 145. FitzGarralde, Edward, 398. FitzGerald, Edmond, 545. Edward, 481. Sir Edward, 525. Sir Gerald, 65. Gerald Fitzjames, 198. John, 380. Sir John, 76. Sir John Edmond, 624. Lady Katherine, 65. Sir Maurice, 387. Maurice Fitzjames, 43. Sir Morish, 154. Onoria, 475. Thomas, 13, 31, 164, 223, 224, 317, 332, 446.»-^ Fitzgerald's, pardon of, 537. FitzGerrett, Alice, 32. Garrat, 141. Robert, 409. FitzGibbon, Edmond, commonly called " The White Knight," 198, 336. John, 336. FitzHenry, John Gaidon, 106. FltzJames, Garret, 543. Peter, 204. 2 tx 658 INDEX. PitzJohn, John, 277, 332. Morice, 125. Nicholas, 12. Patrick Marten, 622. FitzMorice, Gerald, 317. Gerot, 223. James, 1 98. Patrick, 436. Robert, 334. .FitzMorish, James, 179. FitzMorrice, Thomas, 435-7. PitzOliver, John Walsh, 69. Fitzpatrick, Barnaby, 600. . Sir Barnahy, 89. Florence, 585. — John, 599. - John Marten, 622. FitzPeter, Marcus Lynch, 505. FitzPhilip, Gerald, 130. FitzRichaid, Bdmond, 495. Garrett, 506. Gerald, 225. Thomas, 225. FitzStephen, Robert, 23. FitzSimon, Edward, 71, 145, 269. Nicholas, 57, 232. Walter, 56. . William, 520. FitzSymon, Henry, 268. Thomas, 379. Walter, 351. FitzSymonS, Edward, 12. FitzThomas, Edmond, 151. Francis Marten, 622. Henry, 145. James, 593. . Sir Morrish, 527. FitzUliok, John FitzBdmond, 334. FitzWalter, John Bur^e, 288. FitzWilliam, Earl, 549. ' . John, 622, 623. ■ Walter, 175. William, 281, 350. FitzWilliams, Brian, 157, 482. , John, 479. . Sir Thomas, 376. . Sir William, appointment of, to the office of Deputy-General of Ireland, 157. FitzWilliams, Sir William, Lord Deputy, 59, 116, 164, 155, 157, 167, 17J, 390, 394, 697, 637, 638. Flanagan's country, 267. Flatesburie, Christopher, 204, 617. Fleamingstowne, manor of, ^99. Fleetwood, Thomas, 131. Fleming, Sir Edmond, 13. Robert, l3. Thomas, 186, 626. Flemyng, Thomas, 203. -, William, 33. Fludde, David, 526. Folame, Nehemia, 323. '- Formyle, manor of, 699. Forth, Humfry, 620. Forthe, Ambrose, 26, 204, 208. Foster, James, 68. Foulke, Owen, 232. Fowle, Robert, 74. Fox, Hubert, 669, 57 2-5. Patrick, 188. Robert, 540. — - The, 328, 57a. Fox's country, surrender of, 572. Free schools, erection of, 42. French, Edmond, 100. OHyer oge, 312. Furlonge, WiUiara, 629. Fymoyn, House of, 88. Fynnan, Walter, 204. Fynyng, Thomas, 12. Fyrres, Anthony, 116. Fythard, Vicar of, 112. Gainsborough, Baron of, 415. Galballie town, 496. Galie, The, sept of, 409. Galmoye rectory, 270. Galtrim tithes, 379. Galway, admiralty jurisdiction, 8. charters, 4. cocket, 14. corporation, 101. customer, 128. customs, 5, 9, 21. fishing of, 14, 482, 640. . gaol, 139. \. INDEX. <5S9 Galvay, incorporated, 4. Mayor, Bailiffs, and Commonalty of, 102, 482, 622. parsonage, 14. prize wines, decree relative to, 100. river, 482, 640. toils, 5. town, 14, 100. Galway, James, 43. Richard, 419. Galwey, Geoffry, 445. Galwye, Walter, 376. Garanegibeon rectory, 358. Gardiner, Nicholas, 108. Sir Eohert, Chief Justice, 107, 124, 172, 243, 287, 290, 466, 467, 471, 480, 496, 530, 564. Garran, manor of, 599. Garrypayn, manor of, 112. Garvey, Doctor, 24. John, 3, 91, 94, 178, 207. Robert, 3, 17. Garvoragh, castle of, 136. Gauran church, 425, 517. Gawran town, license to tan hides and leather within, 208. Geidon, Henry, 106. Gennings, Stephen, 621. Gennyson, Mr., 120, 478. Gent, Thomas, 172. Geoghe, Edward, 215, 359. George, Jeophat, 336. Geough, William, 431, Gerald, James PitzThoma , 625. Geralde, Bdmond FitzJohn, 357. Gernon, James, 373. Gerot, Earle, 525. Gerrald, Edmond FitzThomas, 627. John FitzEdmond, 253. Gerralde, Thomas Oge, 593. Gerrard, Sir GUbert, 102. Sir William, Lord Chancellor, 2, 29, 30. Geshell, prebendary of, 518, 520. G«waghe church, 288. Gibbon, EUen FitzEdmond, 203. Gibbons, Richard, 277. Gifford, Captain Richard, 427, 428. GUbert, Godfrey, 486. VOL. IL Gilleduff, septof, 128. Gillson, John, 167. Gilly abbey, 195, 202, 207. monastery, 44. Gilton rectory, 482. Glancappe, in the Toole's country, 328. spending of, 328. Glanebannowe, manor of, 266. Glann The, castle, 224. Glanor abbey, 158. Glansleyed castle, 313. Glashare rectory, 270. Glasnevin town, 28. Glass, manufacture of, 183. Glincorbrie castle, 151. Glyn and VaUey, Knight of the, 223. Godd, John, 108, 110. Godolflne, Sir WilUam, 562. Gold, James, 35. Golde, Peers, 184. Goldinge, Richard, 626. Walter, 176. Goodman, George, 146, 158. Goold, James, 295. Gormanstown, Viscount, 11, 217, 508. Gorst, Peter, 338. GortnecleHe, manor of, 599. Gosnall, Hemry, 377. Gosnolde, Henry, 556. Gough, Patrick, 59. Goughe, Sir John, 28. Gould, James, 260, 465. Thomas, 254, 626. Gracecastle, manor of, 599. Gracedew, convent of, 174, 284. Grafton, Richard, 235. Grallagh, manor of, 112. GraUathe town, 278. Granaid, castle and manor, 251, 271 parsonage, 251. Grane, Robert, 321. Grangegorman, ]. Grange.legane rectory, 359. Grany, Lady, 537. Graunge, the, rectory, 522. Graunt, Peter, 106. Graunte, Patrick, 183, 284. Grauntstowne, manor of, 599. Grave, Robert, 555, 569. 2 u 2 66o INDEX. Gray, Lord, 87, 154. Gream, Thomas, 348. Greame, George, 183. Sir Richard, 585, 622. Greene, Andrew^, 425. Greenecastle manor, 155, 328. Greeneowgownaghe rectory, 358. Grenan, manor of, 516. Grenevile, Sir Richard, 195, 201, 207. Greneville, abhey of, 207. Grennan, Denn of, 591. Grenocke town, 279. Grey, Lord, 29, 30, 31, 40, 49. Griffen, Thomas, 586. Griffin, Michael, 455. Richard, 377, 437. Griffith, Hugh, 332. Grymesditch, Ralph, 193. GuUd of Saint Ann, 108. Gunpowder, licence to manufacture, 188. Gurtinesowe, manor of, 625. Gurtynes, Lord of the, 13. Guydhomme, meaning of, 170. Guynes castle, 380. Haokett, Richard, 30. Hackney lordship, 108. Hadsore, James, 218. Haggard, manor of, 189. Halie, Richard, 88. Halman, Clement, 108. Halpine, Thomas, 507. Hamenstowne town, 417. Hamon, Lawrence, 177. Robert, 177. Hampston, Robert, 589. Hanaper, Clerk of, 152, 159, 205, 332. office, 169. profits of, 269. Handcock, Mathew, 124. Hanmer, Meredith, 275, 278, 348, 497. Hanse, meaning of, 453. Hanseatic League, 453. Hanyngton, Arthur, 373. Harbert, Nicholas, 640. Sir "William, 129, 153, 155, 160. Hardinge, Richard, 378, 383, 399, 594. Hardley, Morrice, 593. Harford, Sir Richard, 332. Harford, Sir Roger, 332. Harington, Henry, 131. Harpoole, Robert, 283. Walter, 283, 491 . William, 283, 463. Harps, Irish, coinage of, 578. Harreston-barrett, manor of, 531. Harrington, Sir Henry, 17. Harrison, Robert, 275, 288, 289. Harrold, Walter, 466. Harrolde, William, 519. Harryngton, Sir Henry, 360, 443. Harte, Eustace, 120. Harvie, George, 4, 357, 519, 526. Philip, 619, 526. Hatton, Sir Christopher, 1 98. Hay, Nicholas, 543. Henshaw, Thomas, 226. Herald, office of, 435. Herbert, Sir Edward, 634. Lady Florence, 438. Sir William, 438. Hermon, Nicholas, 602. Hernehill, castle of, 37. Hetherington, Patrick, 311. Hewetson, Christopher, 377. Heydon, William, 349, 377. Heztherne, John, 543. High Sheriff, county Down, 232. Hilton town, 457. Hoare, John, 475. Hobelston rectory, 358. Holland, Edward, 475. PhUemon, 475. Hollywood, Christopher, 529. Holmes, Mathias, 553. Holy Cross, guild of, 123. Trinity, Dublin, Dean of, 332. Trinity, Youghal, 342. Hope, Walter, 48. Hopper, Richard, 502. Horan, Donat, 278. Hore abbey, 274, 564. town customs, 562. Hore, Alinore, 218. > Philip, 321, 587. Horsefall, John, 113. Horsey, Jasper, 638, 639. Hospital of the Holy Trinity of Boss, 163. INDEX. 66i Hospital of St. John of Jerasalem, 171. Hovenden, Henry, 373. Peirs, 125. Walter, 156. Hovendon, John, 283. Howard, Charles, 501. Howarde, Lord, 612. Nicholas, 435. Houth, Anthony, 139. Houthe, Christopher, 176. Howth, Baron of, 11, 430. Lady, 177. Lord, 100, 176, 177, 195. Howthe, John, 176. Nicholas, 176. Thomas, 176. Hoy, John, 348, 434. Hoye, John, 360, 457. Huett, Charles, 338. Huggins, Anthony, 626. Hughe, Ryce ap, 208, 273. Humfrey, John, 379. Hungerford, Anthony, 36, 191, 251, 272. Hussey, James, 567. John, 105. Hyde, Arthur, 253. Hyll, Richard, 188. Idrone, barony of, 60). Iflanlowe, territory of, 170. Hlaminicke, manor of, 625. Hlane-Counsta, manor of, 626. Imper town, 351. Inchequin, Baron of, 138.. barony, 132. castle, 326. InchTickriny monastery, 364, 437. Inesbothin parsonage, 28. Inesh, manor of, 137. Ineslawnaght abbey, 215. Inisharry, island of, 170. Inishe, manor of, 360. Inishfallen, abbey of, 175, 316. Inishmay, island of, 170. Inishonan rectory, 277. Iniskean, manor of, 170. Innescartts island, 1 1 . Innisheskilleghan Island, 288. Innishmaine island, 313. Instructions to be observed by the Clerks ofthe market, 630. for the Commissioners to make grants of the lands in Munster, 353. given to Sir William KtzWil- liams on his appointment of Lord Deputy, 156. . from the Queen to the Lord De- puty, relative to the town of Youghal, 121. Inver castle, 273. Inyshony castle, 224. Inyslawnaght, abbey of, 48. Irilaugh, abbey of, 175. Irish money, proclamation touching the coinage of, 678, 582, 583. Irishegrange tithes, 164. Irrelaghe abbey, 316. Irris barony, 288. Isertmon rectory, 459. Isham, George, 391, 410, 413. Islam, John, 16. Isle of All Saints, 106. Itchingham, Edward, 1 94. John, 388, 389, 404. Itchinghame, Charles, 600. Ivelearie, territory of, 170. James, William, 320. Jans, James, 56. Jennings, Stephen, 281, 337, 622. Jenyson, Thomas, 77, 140, 141, 143, 161. William, 141. Jerpoiate abbey, 4, 285, 482. rectory, 358. John, Thomas Cawne, 376. Johnston rectory, 407, 434. Jollye, Henry, 377. Jones, Hugh, 677. Thomas, Chancellorof St. Patrick's, 12, 76. Thomas, 620. William, 280. Jordan, John, 363. Kalnarway vicarage, 275. Karkenlishe church, 374. Karretochell, manor of, 136. 662 INDEX. Karrichydrohid, manor of, 170. Keady rectory, 277. Keares, Thomas, 377^ Keatinge, David, 208. Keeres, Thomas, 425. Kell, Peter, 59. Kells monastery, 358.. Kelly, Daniel, 108, 585. William, 17, 89, 122. Kenaleigh oomitry, Chieftain of, 34. Kendall, Robert, 14. William, 33. Kenevan, Thomas, 277. Kenlis monastery, 284. Kennam, Nicholas, 162. Kenny-morra church, 317. Kenrie country, 223. Kenry, the, 152. Kenton, George, 357. Keppocke, Thomas, 635. Kerdiff; James, 31, 65. Kernan, John, 143. Kernans, Sept of the, 144. Kerrie, town of, 175. -f-Kerry, bishoprick of, b60j—Soii Sir John, 14. Kerry currihy, 179. Kerwan, Stephen, 31 . Ketinge, Richard, 4. Kettlewell, Michael, 141. Kiernan, John, 245. Kilaspickevan, manor of, 625. Kilbarrie, preceptory of, 40. Kilbeacocoloe vicarage, 497. KUbeckekillagh rectory, 426. Kilbride church, 448. rectory, 428, 585. Kilcliflfe glebe, 232. Kilcloghan, commandry of, 131. KUclonferte parsonage, 526. Kilcock, licence to tan leather, and make aqua vite at, 337. rectory, 458. Kilcormock abbey, 23. Kilcourcie lordship, 576. Kilcrea, manor of, 170. Kilcullen church, 204. Kildallon hospital, 3 IS. Kildare, Bishop of, 48, 144, 145, 497. Eldare church, 204. Countess of, 49. County, 204. Earl, a breviate of his iua,ti6rs,i85. Earl of, 29, 6^^106, 184, 208, 272( 380, 446, 502,''511, 524, 55S. garrison of, 44. monastery of, 85. KUdowan, parish, 1 27. KildrogHU, manor of, 154. Kildroght rectory, 482. Kildufftown, 417, 524. Kilechrany town and lands, 262. Kileorogo rectory, 357. Kilfenora, Bishop of, 138. Kilfrushe town, 604. Kilhe, rectory of, 10. Kilkenny, Dean, Chapter, and Vicars of St. Canice, 392. town, 460. west, barony, seneschal of, 57. Kilkerley rectory, 358. > Kill vicarage, 378, 432. Killaach, abbey of, 151. KiUadorie rectory, 425. Killaghe parsonage, 284. Killahy vicarage, 497. Killaloe, Bishop of, 138. Il^{. cathedral. Provost of, 268. Dean of, 138. KiUbradaine vicarage, 577. Killcowan parsonage, 458. KiUcoan and KiUbredie perpetual vicar- ages, 497. Killcbursey, barony of, 540. Killeconogan rectory, 283. Killederie rectory, 427-8. KiUegh, monastery of, 65. Killegonogan rectory, 252. , KiUellan vicarage, 376. KiUenninane rectory, 4, 606. Killestowne vicarage, 277. Killezonocan rectory, 283. Killglasse rectory, 271, 314. Killian rectory, 459. KilUhaskane castle, 393. KillUe rectory, 459. Killincowle rectory, 481. Killine rectory, 586. INDEX. 663 Eillinglaishe rectory, 426. Killkidye vicarage, 577. Killmeasee rectory, 314. Killmocrie rectory, 459. KUlmollock rectory, 459. Killmorie rectory, 538. Killnatora castle and lands, 326. Killocamock rectory, 314. KUlogholichane rectory, 577. Killooecan rectory, 313. KilloBserie, tithes of, 114. church of, 114. KilloTa, manor of, S09. Killrusse rectory, 594. Killshelan vicarage, 497. Killuran rectory, 459. Killure rectory, 376. Killurie church, 411. Killuskye rectory, 459. Killyan, manor of, 496. Kilmacallau, rectory of, 364. •f-Kilmacough, bishoprick of, 129. Kilmacowe castle, 326. Kilmaho church, 437. Kilmahorock vicarage, 677. Kilmainham, court of, 514. Keeper of, 425. townJi^M. Kilmallock, charters of, 86, 275. fairs, 87. Sovereign of the town, 275. Kilmatalway parish church, 639. KUmaynham priory, 252. Kilmaynhambeg, preceptory of, 34, 100. Eilmeane barony, 303. Kilmeohur parsonage, 28. Kilmenyneane, rectory of, 4. Eilmologe parsonage, 284. KUmoney townland, 201. Kilmore, Bishop of, 91, 94, 145. I^V parish church, 262. I rectory, 39. vicarage, 262. Kilmoyne rectory, 358. Kilnady rectory, 358.^ Eilnaghtin rectory, 411. Eilpatrick church, 349. Eilrie rectory, 358. Kilsalchanj manor of, 527. KUsarane, preceptory of, 112. Kilteighan rectory, 358. Kiltorkane rectory, 358. Kiltroghe, Friars of, 169. Kilucore, Bishop of, 178. King, Constance, 36. King of Arms, Ulster, 435. King, the French, 71. Kinsale town, 179.^ charters, 179. customs, 181, 182. incorporated, 179. Kinwelmerish, Richard, 191. Knight of the Valley, 140, 151, 417. John, 380. Ealph, 598. Knock, abbey of, 174, 274. Knockangarrowe, 212. Knockantenesker town, 416. KnockbilUngslie, seignory of, 201 . Knockenure rectory, 411. Knockfergus, see Carrickfergus. palace of, 159, 425. Knockgraffan, Bector of,, 88. Knockmoan castle, 543. Knockmylle, bridge of, 174. Knocktofer, manor of, 187. Knocktoffer rectory, 358. Krenokedaughe rectory, 428. Kylanegy church, 329. Kylarmock manor, 266. Kyledie castle, 375. Kyllcamock rectory, 461. Kylletie church, 317. Kyllfy rectory, 461. Kynnegad castle and town, 524. Kynsale rectory, 43, 311. Kynsellagh, Christopher Morgan, 71. Kyttagh, Tybott Bourke M'Walter, 323. Lacy, Pierce, 594. Lakkagh church, 471. Laly, Thomas, 321. Lambay rectory, 516. Lambin, Thomas, 434. Lambyn, Captain, 407. Thomas, 457. Lamperd, Patrick, 323. Lamporte, James, 636. I wX\M.{vl •cu^^lWlnct 664 INDEX. Lamporte, John, 626. Land, measures of, 274. Lane, Eaffe, 230. Lang, John Oge, 89. Language, English and Irish, 264. Lany, Francis, 4. Laroghcorr rectory, 39. Larrae hospital, 313. Laurence, Richard, 639. Lawlie, WiUiam, 401. Leases, commission to grant, 11. Leather, licence to tan at Gawran, 208. Kilcock, 337. • Limerick, 17. Le Botiller, James, 1 12. Lecael spirituaUties and tithes, 49, 185. Lecale freeholders, 25. Lecester, Eobert, 321, 356. Ledwich, Thomas, 34, 35. Ledwitch, Maurice, 245. Lee, Emery, 33. John, 274. Thomas, 44, 45. I>egge, Robert, 183, 190. Leicester, Robert, 141, 526. Eobert, Earl of, 17, 31. Leighbeg, William, 415. Leighlin, Bishop of, 177, 246, 248, 269, 425, 54^, 569. castle, Constablesbip of, 601,603-4. chantry of the cathedral of, 264. Dean of, 283, 491. Leinster province, commission, 283. Leitrim, Baron of, 49, 102. Leix, country of, 560. and Ophaley countries, 386. forts, 78. Leixlipp church, 267. Lemra, Richard, 14. Lenagh, Tyrlagh, 129, IS3. LesmoUyn, manor of, 39. Lestrange, Thomas, 12, 78, 461-2. Le Strange, Sir Thomas, 141, 142, 442. Letters from the Lords of Council in Eng- land — seeXords of Council. Letters from theQueen—seeQueen's letters. Leveret, William,.338. Leverous, Thomas, 114, 115. Ley, John, 65. Leycester, Eobert, 432, 519. Leynaghe, Tirrelagh, 66, 126, 129. and the Captains of Ulster, 66. Captain of Tyrone, 126. Licence to import wines, 38. to tan hides and leather within the town of Gawran, 208. to shoemakers of Limerick to tan leather, 17. to dig, open, and work for Salt- petre, 188. to export all kind of com, grain, and victuals without payment of duty, 223. to Archbishop of Dublin to possess one or more ecclesiastical bene- fices, 3. to Richard Carmarden to buy and export 1,200 packs of linen yam, 535. to WiUiam Carter to export com, grain, &c., 223. • to WilUam England to tan leather andmake aqua vite at Eilcock,337. to Richard Younge, of Loudon, to import starch, 209. Licksnaw, Baron of, 435. Lie, John, 426, 558-9. Lieutenant-General and General Governor of Ireland, 486, 520. Lieutenant-General of the forces, 510. Liffyny castle and lands, 132, 326. Limerick, bishoprick of, 70, 253, 254, 277, 278, 445. castle. Constable of, 465. cathedral, 52, 262, 569. charters, 50. citizens of, grant, 43. county, receiver or collector of, 1 20. county limits, 54. Fisher's stent, 56. fishery, 51, 55. Free Schools, 42. market, 51. Mayor of, 243. St. John the Baptist, reptory, 3^0. Shoemakers, licence to tan leather, 17, ■ INDEX. 665 Limerick, walls of, 151. weJTB, 55. Linch, Eowland, 129. liinche, John, 336. OliTer, 563. Eichard, 577. Lincoll, William, 431. Linseed, planting of, 80. Liscand town, 418. Liscowell rectory, 411. Lismikry church, 437. Lismore, bishoprick of, 91. bishoprick, clause of Her Ma- jesty's letter, for the consecration of the Dean of Christchurch, in the, 91. borough, 410. great burgage of, 414. town, 325. and Waterford sees, 33, 244, 245. Lismucky town, 223. LismuUen monastery, 288. Lisnekillye castle, 376. Lissinifie town, 416. Lisvotoe castle, 351. Locke, Patrick, 517. Lofte, Edmond, 7Q. Loftehouse, Adam, 3./> Loftus, Adam, 502, 563. Edward, 427, 428, 466, 496. Eobert, 637. Thomas, 376. Loghlln, Aulan, 497. Ixighmaske islands, 313. Loghsewdy abbey, 271. Lombard, John, 380. Londergan, William, 376. Long, John, 79. Longford, Clerk of the Crown, 2. Longford county, 17, 26, 29, 30, 116, 155. Lord Chancellor, see Chancellor. Lord Deputy, appointment of, 286. allowance to, 103, 167. arrival of, 15. Oath of, 29, 157. to all Her Majesty's minis- ters and loving subjects, con-' ceming the deanery of Ferns, 197. Lord Deputy and Cohncil: Proclamation by, touching the spend- ing of Glancappe, in the Tooles' country, 328. Nominating John Long to the Arch- bishoprick of Armagh, 79. Ordering enquiry to be made what castles, lands, &c., belonged to Cenogher O'Callaghan, 260. Proclamation by, in favour of Eichard Sheeth, Esq., of Kilkenny, 460. Directing Lord Trymletison should deliver all distresses he had taken from the gentlemen and free- holders of Lecale, in the county of Down, 25. Discharging Sir Nicholas White, Master of the EoUs, from pay- ment of the sum of £100 lent to him, 119. Lord Justice of Ireland, 23, 26, 27, 29. Lord Primate of all Ireland, 29. Lord Treasurer of Ireland, 3. LOKDS OF COUNCII. IN ENGLAND: Touching the public accounts, 161. records of the Auditor's office, 120. Granting Sir Eichard Byngham, Mar- shall of Ireland, a company of 200 foot and 100 horse, 510. Ordering the Lord Deputy to inves- tigate the claim of Edward Barkley, 152. Ordering Sir Geo. Bouchier to have ■ the government of the forts of Leix and Ophaly, 78. Directing letters patent to Sir Geo. Bouchier of land in Munster, 144 . Granting the office of Master of the Ordnance to Sir George Carew, 168. Confirming William Carter in posses- sion of the castle of Inyshony,224. Directing an inquiry into the lands of Castle Martin, 87. In favour of Thomas Chapman, I7i. Eecommending that the decayed churches and chancels should be repaired, 25. 666 INPEX. Lords of Council in England— cob. Granting the office of Her Majesty's Attorney of the proTince of Con- naught and Thomond for life to Geret Comerford, 216. In favour of Patrick Condon, 209,2)0. Directing Edward Cusaok to be re- stored to the possession of such goods and chattels as he possessed at the time of his attainder, 38. In faTour of Allison Dalton, widow, 543. In favour of Captain Dawtrie, 159. In favour of the Baron of Delvin, 114. To ascertain how certain arrears of the twentieth parts of benefices in the diocese of Dublin became due, 29. To respite the recognizance of Sir Henry Duke, 191. Granting a pension to Edward Drinc- kell, 82. Eespecting petitions on behalf of the Lady Echingham and her son,231. Requiring Doctors Ackworth and Garvey to forbear the execution of the office of faculties and other ecclesiastical jurisdiction, 24. In favour of John Finglasse, 202. On behalf of Gerald MtzRichard, 225. Directing the Treasurer at War to advance to Sir William FitzWU- liams. Lord Deputy, his enter- tainment, to sustain the charges of his place, 171. Stating that Her Majesty was pleased to grant a pension to Patrick Fox, 188. Directing that James Foster should have two single "dead pays "out of two bands towards his relief,68. Granting lands to EUen FitzEdmond Gibbon, 203. Appointing Eustace Harte receiver or collector of the county of Lime- rick, 120. Granting a pension to William Kelly out of the bands serving in Ire land, 122. Lords of Council in England — con. Ordering Robert Kendall to be con. tinned in the office of Clerk of the Star Chamber, 14. Requiring the Lords Justices to far vour and help the Countess of Kil- dare, 49. To ascertain the title of the son of the Knight of the Valley to the seignory called Castletowne and Glynne, 140. Recommending a grant of twenty-five horsemen and fifty footmen to Thomas Lee, to defend the fron- tier of Kildare, 44. Restoring Robert Legge to his office, 190. In favour of John Lye, 229, 559. Appointing the Dean of York to the bishoprick of Limerick, 254. Ordermg that the election and other needful rites of the Dean of York to the bishoprick of Limerick may be done in his absence, 254. Touching the Lord Deputy's allow- ance, 103. Ordering payment of the Lord Deputy's charges of transporta- tion, 167. ^ Touching the undertakers of Munster, 234. In favour of John Newton, 144, 242. In behalf of ConogherO'Callaghan,260. Touching the country of Elye O'Car- roll, 232. Granting protection for one year to Donoghe O'Falye, and Patrick Galway FitzEdward, 168. Concerning the claims of the O'Far- rals, 257. Cancelling patent of Office of Master of the Ordnance, 234. Directing that Sir George Bouchier, Master of the Ordnance, should be paid monthly, out of the pub- lic money, 236. Appointing Sir John Perrott Lord Deputy, 103. In favour of John Baweon, 286. INDEX. 667 Lords of Council in England— con. Recommendingthe erection of Schools for the use and increase of the English tongue, 25. Concerning the making of Sheriffs' patents, 213. Directing that the Sheriffs' patents should pass under the Great Seal, 214. Ordering that the Solicitor-General should have the allowance of four dead pays out of such hands as could spare it, 107. Directing a lease to he made to Rich- ard Stritche, of Limerick, 151. Referring the case of Hamond Staf- ford and Jasper Codd to the Lord Deputy, 1 18. To the Lord Justice and Lord Chan- cellor, referring to their consider- ation a suit between the Countess Dowager of Sussex and Alexan- der Mtton, 18. Directing a new grant to he passed to George Thornton of the office of Provost Marshall of the pro- vince of Munster, 186. Directing John Vicars to have the reversion of the ofSce of Porter of the Fort of Philipstown, 136. In behalf of George, John, and Chris- topher Wackley, 196. Granting lands of the yearly value of £100 to Sir William Weston, Sir Robert Napper, and Sir An- thony Sentleger, 395, 397. Directing a patent to he granted to John Williams of the custody of the gaol of Galway, 139. Ordering the controversy between Andrew White and John Itching- ham to be heard and determined, 404. Concerning Youghal, fla. Lords Justices, 496. Lorganboy hospital, 313. Lorum vicarage, 338. Loughsewdie abbey, 267. Louth abbey, a74. Louth, Baron of, II, 112, 199. Clerk of the Crown, 2. Lovell, Francis, 68, 81,101, 187. Patrick, 123. Lovisiston, manor of, 112. Lowe, Anthony, 16. Loweteston, 204. Lucan and WestpaUston rectory, 329. Lucas, Roger, 42. William, 338. Luske town, 279. Vicar of, 380. Lutterell, Maria, 434. Luttrell, Richard, 599. Lye, John, 117,228,229,272. , Patrick, 176. Lynch, Anthony, 100. John, 66. Thomas, 661, 564. Lynche, Marcus, 100. Nicholas, 100. Richard, 520. Lyon, William, 122. M'Andrew, David, 413. M'Ardill, Cowley Leigh, 262. M'Brian, Dowlin, 275. Shane, 226. M'Brien, Kennedy, 382. Moriertagh, 381. WilUam, 312. M'Cabe, Therrelagh, 47. M'Cahill, PergaUo, 278. Shane Reogh, 274. M'Car, Dermot, 386. M'Carthie, Cormocke, 380. MacCarthy, Sir Cormock MacTeige, 214. M'Carthy, Eugene, 281. Florence, 252. MacCartie, Florence, 167. MacCarty, Donell, 632. M'Carty, Teige M'Dermod, 202. M'Cave, Tirrelagh, 30. M'Chaire, Gerrald, 600. Mac Coghlan's country, Seneschal 6f, 35. M'Coghlane, Sir John, 35. M'ConnyU, Ferragh, 303, 323. M'Connyn, David, 277. M'Cormac, Teige M'Dennod, 170. 668 INDEX. M'Cormook, Donogh, 216. M'Cormoke, "William, 275. M'Costelloe, Shane, Chieftain of his na- tion ; surrender of his possessions and renunciation of his name, 113. M'Costelloe's country, 141, 142. M'Craghe, Donat, 496. M'Dermot, Donagh, 312. Hugh, 169. James, 268. M'Donell, Farnagh M'Tirrlagh, 694,604. M'Donnell, Edmond Kiltaghe, 312. M'Donogh, Brian Duff O'Brien, 91. M'Eboy, Donald, 304. Morraghe, 304. M'Edmond, Walter, 59S. M'Farroll, James, 268. M'Fynnen, Owyn, 171. MacGeoghegan, Barnaby, 246. M'Geoghegan, Brian, 133, 136. Conly, chief of his name, 34. Neile, 34. Eosse, 34. Mageoghegan and the Pox, 572. M'Gibhon, Thomas Shane, 315. M'Gillecudd, Donald Geraldaghe, 312. MacgiUemory, Gillechrist, 309. John, 309. William, 309. M'Guire, Sir Hugh, 382. M'Guire's country, 522, 584. MacGwire, Connor Eoe, 646, 684. M'Gwyffe, Dermot, 469. M'Henrie, Thady, 520. M'Hugh, Feagh, 93, 281. Owen, 130. Shane, 446. M'James, Edmund, 334. M'Keima, Patrick Duff M'Mahown, 215. M'Kennery, Garralt, 696. M'Kierrie, Edmond, 409. M'Kilgod, Thomas, 333, 409. M'Mahon, Hugh Roe, 226. chief of his name, 226. MacMahon's country, 2 1 5. M'Mahown, Brien M'Hugh Oge, 216. Ever M'Cooly, 215. Eossebane, 215. M'Mahowne, Hugh, 215. M'Mahowne, chief of the nation, 2 IS. M'Moraghe, Teige, 288, 289. M'Morice, Gerald, 334. M'Morishe, Thomas, 275, 627. M'Morice, Thomas M'Shane, 203. M'Morrice, Gerald, 410. M'Morroughe, Dermot, 128. Teig, 366. M'Moyler, tflicke Bourke, 504. M'Richard, Lord, 351. M'Rorie, Morough, 418. M'Nemara, John, 138. M'NeMarrae, DoneU Beogh, treaty, 136. M'neMaro, Donald Oge, 360. M'Shane, Gerrot, 253. M'Sheehy, Manus, 162. M'Surley boy's country, 522. M'Swyne, Bannett, 561. Fannett, 561. Mulmorie, 632, 569, 571. Sir Mulmory, 561. M'Swynenedoe'soountry,surrenderof,571. M 'Teige, Dermot, 262. Donnoghe Eoe, 341. Thomas Oge M 'Brien, 312. M 'Thomas of the Pallyce, 266. MacThomas, Edmond, 224. M'Thomas, John, 334. Richard, 315. M'Walter, Caher, 598. Mackworth, Gerrott, 272. Macworth, Elizabeth, 44. Gerald, 44. Humphrey, 44. Madden, Melaughlin M'Awly Oge, 312. Madder, planting of, 80. Maghereleyuie barony, 146. Magrath, Donogh, (Chieftain of Termon Magrath), 361, 362. Milerus, 33, 244. Magrathe, Meiler, 460. Maguire and Ochane, 127. Magwire's country, 684. Mahowne, patronage of, 316. Maigallyn, Nicholas, 123. Maisterson, Thomas, 639. Malbye, Su: Nicholas, 17, 18, 26, 269. Malehedart, prebendary of the cathedral of St. Patrick, Dublin, 432, INDHX. 669 Mallawny, John, 76. Malone, Patrick, 59. Mana, abbey of, 72. Maneive, Peter, 123. Manerby, manor of, 23. Manning, William, 481. Mantyre castle, 393. Manwaringe, Edward, 320. ■ Roger, 141, 143. Marbury, Jobn, 128. Marche, Eobert, 80. Thomas, 466. Mareshal, William, 32, 111. Markets, abuses of, 192. clerkship of, 192, 498, 630. customs, 267. instructions concerning, 630. statute concerning, 192. and fairs, 192. Marriage, commission to take evidence as to, 12, 512. — ■ registry, Blyckling, county Nor- folk, extract from, 194. Marshall of the Army, 154, 195, 199, 349, 499, 509, 510, 522, 541. of the Camp, 522. of the Court of Castle Chamber in Dublin Castle, 434. of the Tour Courts, Dublin, 434. ■ of the High Court Ecclesiastical, 290. of Ireland, 47, 194, 541,570. Marshelsea, the, 139. Martell, Edmond, 199, 200. Patrick, 199. Marten, Eobuck, 622. Thomas, 640. Martial law, commission to execute, 281 , 432. Martin, Domynick, 100. Maryborough castle, 169, 264, 410, 519, 526. charter of, 219. fort, Constable of, 4, 357, 410, 519, 526. mills, 526. •tolls, 221. ■ town, 263. Mary's abbey, Dublin, monastery of, 3. Master gunner, 377. Master of the BoUs, 3, 12, 28, 29, 71, 77; 115, 119, 125, 152, 157, 172, 176, 190, 199, 200, 205, 246, 247, 248, 268, 269, 283, 287, 290, 301, 302, 323,397,404,436,471,511, 512, 529, 564, 598, 601, 624, 636, 638. Masterson, Thomas, 39, 45, 46. Maudelyn's ohapell, 517. Maudlen's church, 375. Maule, James, 2. May, Humfrey, 625. Maynerbir, manor of, 23. Mayo and Anaghcowne bishopricka, 401. Meagh, John, 125. Nicholas, 275. Meaghe, James, 251. Mealinge, John, 290. Measures of land, 274. Meath archdeaconry, 178. bishop of, 3, 76, 227, 496. lectured for his sermon, \\.,\^ 125. Clerk of the Crown, 2. County, extent of, 233. tnM^UA Seneschall of, 197. Sheriff of, 233. J Mellyfont abbey, 623. Meredith, John, 425. Richard, 177, 425. Merriman, Captain Nicholas, 153. Merry gallon customs, 219, 514. Mey, Walter, 218. Meyler, Patrick, 90. Miagh, John, 76. Michell, Francis, 56). Middleton, Marmaduke, 24. Milerus, Archbishop of Cashell, 244. Miles, John, 435. MiUer, William, 377. Milton, town of, 524. Minister of victuals and works, 77. MocoUope castle, 132, 326. Mocrowny, manor of, 170. Moghill monastery, 267. rectory, 267. Mogilla castle, 326. Moiglare rectory, 481. Mokehowne grange, 359. ijo INDEX. Molanassa, abbey of, 132, 327. Molany, abbey of, 96. Molganston, 2. MoUneux, Daniel, 435. Samuel, 434, 567. Molingar, 219. abbey of the Virgin Mary, 2)9. priory, 594. Monaghan county, division o^ 225. Seneschal, 226. Monasterboyce, rectory of, 112. Mgndarshele rectory, 606. Monemeane castle, 312. Monerashell, rectory of, 4. Money, black, 582. Irish, proclamation concerning the coinage of, 578, 582, 683. Monteny, Stephen, 68. Moore, Edward, 115, 304, 520. Sir Edward, 31,538, 683. Garet, 683. Sir Garret, 636. Gerald, 360. Sir Gerald, 626, 636. Henry, 191, 583. James, 435, John, 31, 128, 367. Richard, 2. Thomas, 627. WiUiam, 31. More, Calough, 117. George, 577. Hugh M'Neill, 93. M'Carthy, 296. Patrick, 34, 35. Morgan, Thomas, 360. Morgane, Sobert, 625. Morinbegge ne Graxmgre castle, 219. Moristownbiller lands, 228. Morishtownbiller town, 230. Morne, lordship of, 156. Moroes, the, 33. Morrice, Philip, 362. Thomas, 271. Morris, Thomas, 186, 229. Morston, Vicar of, 144, 145. Mortellston vicarage, 284. Mostian, Hugh, 588. MoBton, WilUam, 203. Mountfort, Francis, 373. Mountgarrett, Viscount, parclon of, 537. Mountjoy, Lord, 539, 556, 564. Mowskery country, 288. Moyagher rectory, 401, 429, 461. Moyarte, barony of, 592. Moybreck barony, 288. Moybrecko lordship, 275, 288. Moycullen castle, 128. Moygare manor, 177. Moygow rectory, 271, 314, 461. Moylagh rectory, 539. vicarage, 277. Moyle, Henry, 108, 479. Captain Henry, 479. Patrick M'Aite, 215. Moylurge country, 288. Moymed rectory, 276. Moymore, St. Patrick's rectory, 461. Moynaghan, John, 424. Moyndrehid, manor of, 599. Moyne monastery, 312. Muckully church, 497. Muinter-Thadhgain, Chief of, 572. Mulllngar, constable of the castle and gaol, 48. fairs of, 48. tolls and customs, 48. MuNSTER Province : — Attainted lands of, 399, 465. , Attorney-General of, 337, 377, 556,561. i Chief Justice of, 72, 125, 131, 26P, | 281,391,480. Commission for thePlantation of,]29, 172, 352, 355. to determine causes in, 129. for the Government of, 465. for setting to Undertaiers, 129. Commissioner for Survey of the at- tainted lands of, 120. Instructions for the Commissioners' to make grants, 353. Lord President of, 15, 96, 193, 223, 465, 539, 575, 603. Marshall of the courts and gaols, 466. Pardon of the inhabitants of, 627. Provost Marshall, 186. Benewal of the composition, 400. Il