N HISTORICAL MANUSCRIPTS COMMISSION. TENTH REPORT, APPENDIX, PART V. THE MAI IPS C II PT 8 OF THE MARQUIS OF ORMONDE, THE E&RL OF FINGALL, THE CORPORATIONS OF WATERFORB, GALWAY, &c. pmtentefc ta fcati) f&aujietf at parliament £g Commaittf at $er J&ajrtftu. LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE, BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. And to be purchased, either directly or through any Bookseller, from EYRE and SPOTTISWOODE, East Harding Street, Fleet Street, E.C., and 32, Abingdon Street, Westminster, S.W.; or JOHN MENZIES & Co., 12, Hanover Street, Edinburgh, and 90, West Nile Street, Glasgow; or HODGES, FIGGIS, & Co., Limited, 104, Grafton Street, Dublin. 1885, [0.— 4576.-I.] Price 2s. Wd.*^ HISTOETCAL MANUSCRIPTS COMMISSION. TENTH REPORT, APPENDIX, PART V. MANUSCRIPTS THE MARQUIS OF ORMONDE, THE EARL OF FINGALL, THE CORPORATIONS OF WATERTORD, GAL WAY, &c, Prafenteir ta fcotf) ffiauficii at parliament fcn Cowmana of f&rx flfJajetftp. PRINTED FOR HER MAJESTY'S STATIONERY OFFICE, BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. And to be purchased, either directly or through any Bookseller, from EYRE and SPOTTISWOODE, East Harding Street, Fleet Street, B.C., and 32, Abingdon Street, Westminster, S.W.; or JOHN MENZIES & Co., 12, Hanover Street, Edinburgh, and DO, West Nile Street, Glasgow; or HODGES, FIGGIS & Co., Limited, 104, Graeton Street, Dublin. THE OF LONDON: 1385. [C.— 4576.-I.] Price 2s. 10 d. CONTENTS. Manuscripts of the Marquis of Ormonde, Kilkenny Castle. By John T. Gilbert 1 Manuscripts of the Earl of Fingall, Killeen Castle. By John T. Gilbert - 107 Archives of the See of Dublin. By John T. Gilbert - 204 Archives of the See of Ossory. By John T. Gilbert - 219 Archives of the Municipal Corporation of Waterford. By John T. Gilbert - 265 Archives of the Jesuits in Ireland. By John T. Gilbert - 353 Archives of the Town of Galway. By John T. Gilbert 380 u 84068. Wt. 13998. Digitized by the Internet Archive in 2014 https://archive.org/details/manuscriptsofmar00grea_1 THE MANUSCRIPTS OF THE MOST HONOURABLE THE MARQUIS OF ORMONDE, KILKENNY CASTLE. — BY JOHN T. GILBERT. The contents of the concluding portion of the Register of Petitions MSS. of are embraced in the following Calendar, 1 which is in sequence to that of^o^monde. 'published in the Appendix to the Ninth Report of this Commission. — CALENDAR OF PETITIONS, A.D. 1666-1669, addressed to James, Duke of Ormonde, Lord Lieutenant of Ireland, and to his Deputy, Thomas, Earl of Ossory. Lord Athenrv. 2 — Custodiam of lands within the liberties of Galway and Athenry.— 23 May 1666. Robert Sandford, ironmonger, Dublin. — Recovery of money due bv Roger Chamberlain, of the Life-Guards.— 23 May 1666. William Taylor, brewer, Dublin. — Recovery of money due by soldiers. —23 May 1666. William Spike, soldier under the command of Lord Berkeley. — Praying that Edward Dent may be prevented from summoning or attaching petitioner. — 9 June 1666. Jo. Paiue, " Surveyor of his Majestie's Works." — " That your peti- tioner being im ployed in and about building and repairing his Majestie's Castle of Dublin, and the outbuildings thereunto belonging, and severall other buildings belonging to his Majestic : Now soe it is, may it please your Grace, that your petitioner having received severall summes of money out of the receipt of his Majestie's Exchequer, towards the doeing thereof, for which he hath not yet accomptecl ; and your petitioner having delivered the accompt and vouchers unto the Auditor of his Majestie's Imprest Receipt for the examination thereof, which sayd accompts and vouchers he hath already examined and cast up, your petitioner therefore most humbly prayes your Grace to give order to the Commissioners of Accompts for the takeing and passing the aforesaid accompt, whereby your petitioner may have his discharge for the same. And he as in duty bound shall pray, etc. " Dublin Castle, the 11th of June, 1666. — We pray and require our very good Lord, the Lord Chancellor, to cause a commission to issue under the great seale, to be directed unto the Lord Chief Baron of his Majestie's Courte of Exchequer ; Sir James Ware, .Knight, his Majestie's Auditor-Generall ; and to his Majestie's Auditor for Imprests, to take the petitioner's accompts for the moneys above mentioned, received and disbursed by him, with power to those Commissioners to administer oaths for the cleering of any doubt or question that may arise therein ; and to certify under their hands and seales the state of the said accompts, as in like cases hath been usuall. — Ormonde." 1 For observations on the contents of the present calendar, see Tenth Report of this Commission, page 42. 2 Francis Bermingham, Baron of Athenry. See p. 22. u 84068. a 2 HISTORICAL MANUSCRIPTS COMMISSION. mss. of John Kelly. — " That your petitioner being lately tryed in his Majes- of Ormonde. tie's Court of Chiefe Place for the killing of one Richard Roe, not out of any malice but by sudden provocation, the petitioner was found guilty of manslaughter, and haveing the benefit of his clergy was to be burned in the hand, for which your Grace hath been pleased to grant him his Majestie's pardon, upon the report of the Right Honorable the Lord Santry, 1 and an ample certificate of the Lord Mayor 2 of the cittie of Dublin ; Sir Theophilus Jones, Sir Thomas Worship, and many Alder- men and other persons of good creditt, of your petitioner's civill demea- nour in the said citty. But soe it is, may it please your Grace, that the order given by your Grace for pardoning the burning in the hand does not carry words in it for restoring the petitioner's goods arfid chattels, the forfeiture whereof being an effect of the said fact, the punishment of * which your Grace hath been pleased to pardon. The petitioner therefore most humbly prayeth that your Grace's said order may be enlarged, soe as the same may extend to the restitution of his said goods and chattels. And he shall pray, etc. " Dublin Castle, the 31 January 1665 [-6]. — We pray our very good Lord, the Lord Baron of Santry, Lord Chiefe Justice of his Majestie's Court of Chiefe Place, to consider of this petition, and to certify us his opinion of the petitioner's request thereby made unto us.— -Ormonde. " February 3, 1665 [-6]. — May it please your Grace : I conceive that your Grace may grant the goods and chattells desired to the petitioner, by issuing your warrant for letters patents to be passed unto him of grant and restitution thereof; which is humbly submitted to your Grace's consideration. — Santry. " Dublin Castle, 1-1 June 1666.-— Upon consideration of the foregoeing certificate of our very good Lord, the Lord Baron of Santry, Lord Chiefe Justice of his Majestie's Court of Chiefe Place, made in pur- suance of our order of reference given on the within petition of John Kelly, the 31 day of January last, wee are pleased and doe hereby order that his Majestie's Attorney and Solicitor General!, or either of them, shall draw up a fiant in clue forme of law, containing his Majestie's grant, and restitution unto the petitioner of his goods and chattells, for- feited by the fact in his petition mentioned, inserting therein all such clauses as in grants of like nature are usuall, and the same, fairly in- grossed in parchment under their or one of their hands, send unto us to be further passed as appertaineth. And for soe doeing this shall be a sufficient warrant. — Ormonde." Esther Cook, widow\ — Certificate and order on petition for arrears due to her late husband, Clement Cook, of Captain Brabazon's company. —14 June 1666. Sir Thomas Longuevile. — Permission to proceed against Major Edward Evett, of Colonel Howard's troop, and others, for slander. — 13 July 1666. Farmers of Excise, Ireland. — Leave to proceed against soldiers for retailing beer and ale without license. — 11 June 1666. Colonel John Jephson and Captain Edward Brabazon. — Payment of balance due on foot of bills of exchange passed to them for payment of their men by Commissioners of Customs. — 16 June 1666. 1 Sir James Barry, Lord Santry, Chief Justice, King's Bench, Ireland, 1660-73. 2 Sir Daniel Bellingham, Knight and Baronet, Deputy Vice-Treasurer and Keceiver- General, Ireland, Lord Mayor of Dublin, 1665-66. HISTORICAL MANUSCRIPTS COMMISSION. 3 "William Eaton, master and owner of the " May Flower," of Chester. mss. op — Praying that ammunition and guns (to be mounted at his own o/^rmondk. expense) may be supplied to him, for his Majesty's service, from the — stores at Dublin. — 21 June 1666. Sir Nicholas Plunkett, Sir Robert Talbot, Colonel Garret Moore, Colonel Milo Power, and others. — " That in and by a clause in the late Explanatory Act, 1 page 111, it is enacted that the Lord Lieutenant, or other Chief Governor or Governors of this kingdoine for the time being, shall and may assesse any summe not exceeding three pence per acre in and out of every acre of profitable land of plantation measure which is by the late Court of Claimes, or shall be, pursuant to this or the former Act, decreed or confirmed or sett out or delivered unto any person or persons of the Popish religion in this kingdome, and the same be caused to be levyed by distresse or otherwise, and to be payd to the Receiver hereafter mentioned, to the intent that 5,000/. be payd to Milo Power, Esquire, his executors, administrators, and assignes, and that the residue may afterwards be issued out unto such of the Roman Catholiques of this kingdome who, as agents or otherwise, since his Mnjestie's most happy Restitution, shall by the Lord Leiutenant or other Chief Governor or Governors be judged meriting the same, and that in such proportion as the Lord Leiuetenant or other Chiefe Governor or Governors shall think e fitt and direct, pursuant thereunto. The petitioners most humbly beseech your Grace to give order for assessing and leavyingsuch summe as to your Grace shall seeme meet for performance of the ends and intents of the said enacting clause, whereby the petitioner, Milo Power, may receive the 5,000/. enacted for him, and that the other petitioners may be satisfied in such proportion as your Grace shall thinke fitt. And the petitioner will ever pray. "Dublin Castle, 19 June 1666. — The Sub-Commissioners appointed by the Commissioners for the execution of the Act of Settlement and the Explanatory Act are to make certificate what number of acres of land of plantation measure have been decreed, confirmed, sett out, or delivered to any person or persons of the Popish religion in this king- dom, and in what counties, baronies, parishes, and townes particularly such lands do lye, with the names of the person to whome the same were decreed, confirmed, sett out, or delivered respectively ; and such certificate to send unto us under their hands with all convenient speed, and thereupon wee shall give such further order as shall appeare fitt. — Ormonde." Walter Pitt, of the Life-Guard. — Petition, and answer to petition of James Hopton on recovery of debt. — 22 June 1666. Samuel Thompson, of London, stationer. — il That whereas William Clark, Chirurgeon-Generall to the Royall regiment in Ireland, entred into a certaine obligation, bearing date the eighth day of July 1656, for eighty pounds conditioned for the ] payment of forty- one pounds ten shillings unto Elizabeth Clark, alias Thompson, of London, spinster, sister to him, the said William Cleark, and now or late married wife unto your petitioner : Now forasmuch as the said William Clark denied, and doth still obstinately denie, the payment of the said summ of forty-one pounds ten shillings unto your petitioner, though often demanded by your said petitioner, may it therefore please yo.vr Grace to order that all due course of law and equity may be taken against the said William Clarke for recovery of the said summ, either by your Act for Explanation of doubts arising on Act for Settlement of Ireland A 2 4 HISTORICAL MANUSCRIPTS COMMISSION. Marquis petitioner, his assigns or attorney lawfully constituted. And your i • Ormonde, petitioner shall always pray, etc. "Dublin Castle, the 22 June 1666.— Sir William Flower, Knight, Lieutenant-Collonel of his Majestie's regiment of Guards, is to examine the matter within mentioned and to compose the difference by consent of both parties (if they can;, or else to certify us the true state thereof; and thereupon we shall give such further order as shall appeare to be fitt. — Ormonde." John Goodwyn. — Recovery of debt from Patrick Little, of Colonel Francis Willoughby's company. — 15 June 1666. Thomas Flint, plaintiff; Thomas Hill, defendant. — Affidavit of service of order. — 21 June 1666. Richard Roper. — Recovery of amount due by John Booth, of the Life-Guards. — 27 June 1666. Henry Gamble. — " May it please your Lordship : According to your Lordship's order 1 of the 10th of June 1665, wee have veiwed and measured soe much of the work in the certificate hereunto annexed 2 as hath been performed by Henry Gamble, mason, in the said certificate also named, according to certaine articles of agreement made between William Dodson, Esquire, on behalfe of his Majestie and the said Henry Gamble, and wee find that soe much of his Majestie's park wall in the said certificate also mentioned as hath been erected by the said Henry Gamble ; pursuant to the said articles, extendeth itself from the river Lime, beneath Bowbridge, by the old wall of St. John's Chappie neere Killmainham, to the new bridge of Chapple-Izod, and contayneth in length by measure 320 perches, at the least, besides 43 perches more, at present in dispute between the said parties, the said Henry Gamble affirming and produceing witnesses to prove the same to have bine done and performed by him, and the said Mr. Dodson utterly denying the same; and wee likewise finde, upon serious view and consideration of the whole matter to us referred, that that part of the said wall which is now defective was not occasioned through any neglect of the surveyor, or the said Henry Gamble, or any others under them or either of them imployed in the said work, which was well and in workmanlike manner performed by the said Henry Gamble as a dry wall, but meerly occasioned by reason the stones were not laid in mortar, they being of a soft and mouldring condition and not able to endure the sunn and weather without it. And wee further find that that part of the wali which hath been since done and performed by the said Henry Gamble conteyneth throughout five foot from the ground upwards, and is of more thickness and substance than that upper part of the said wall which hath bine since made and coped by other men at day-work, which the said Henry Gamble ought likewise to have performed ; and therefore wee think it just and meet to allow unto the said Henry Gamble one perch in five in regard thereof throughout the said work, which cometh to 64 perches more, which makes the whole work performed by the said Henry Gamble besides the 43 perches in dispute to amount to 384 perches, accounting the same at 22s. 6d. each perch grosse, which cometh in the whole to 432 pounds sterling, besides the said 43 perches in difference, whereof wee find the said Henry Gamble hath received of the said Mr. Dodson the summ of 380/. sterling and noe more ; soe that there remaineth due to the said Henry Gamble from the said Mr. Dodson, 1 See Ninth Report of this Commission, 1884 ; Part 2. p. 161. 2 Not in the MS. HISTORICAL MANUSCRIPTS COMMISSION. 5 upon the whole accoinpt, besides the said 43 perches in dispute, the MSS. op summe of 52 pounds sterling. All which wee humbly submitt to your o/o^SowDr Lordship's consideration. Dated 28 August 1665. — Thomas Browne. — — James Browne. — William Robinson. "Dublin Castle, the 14 June 1666. — Upon consideration of the annexed petition of Henry Gramble, the answer of William Dodson, Esquire, to the said petition, the replication of the said Gamble to the said answer, the certificate of the Lord Dungannon, 1 Sir Paul Davys, and Sir James Ware, Knights, the certificate of James Browne [andj Thomas Browne, bricklayers, and William Robinson, plaisterer, persons agreed upon by the consent of the said Henry Gramble and the said Mr. Dodson to view the work in question, and by the annexed order 2 of the Earle of Ossory, late Lord Deputy, dated 10 th June 1665, directed to view the same accordingly and to doe further as by the said order ap- peareth ; which said James Browne, Thomas Browne, and William Robinson, by their said certificate, dated the 28 August 1665, doe certify that there remaines due to the petitioner, Henry Gamble, from the said Mr. Dodson fifty-two pounds sterling, as by the said certificate appeareth; wee thinke fitt, and accordingly doe order, that 1 i is Majes tie's Vice-Treasurer, out of any monys which is or shall be by him payable out of the Treasury to the said Mr. Dodson, shall see the said fifty-two pounds paid to the said Henry Gamble before the said Mr. Dodson receive any further monys from the said Vice-Treasurer. And for soe doing this shalbe a sufficient warrant. — Ormonde." Lawrence Barret, " and the rest of the inhabitants and farmers of Clonturke." — " That your petitioners being inhabitants in the towne of Clonturk, m the county of Dublin aforesaid, duely paying all manner of taxes imposed upon them, yet the souldiers under the command of the Right Honnorable the Lord Brabazon, takeing the lands of Drum- conragh for grazeing their horses for the whole troope all summer in the yeare 1664, which troopers never kept any to watch their horses trespassing upon your petitioners' corne and grass adjoyning to the said lands of Drumconragh, neither would suffer your petitioners to watch, insoemuch that their said horses have broken into your petitioners' corne and spoyled above twenty acres thereof, besides six or seven acres of meadow, which they have cut and carryed away at their wills and plea- sures ; that your petitioners have several!, times intreated the said souldiers to watch their said horses, who have refused, and diawne their swords upon them and cut them and refuse to render any satisfaction for the same; that your petitioners preferred their petition, 3 setting forth their grievances, to the Right Honorable the late Lord Deputy of this kingdom, who referred the examination of the same to the Right Honorable the Lord Viscount Dungannon, Sir Henry Tichborne, Sir John Stephens, and Sir William Flower, Knights, or any three of them, which reference, by reason of his Lordship's goeing for England, hath never been examined : Your petitioners therefore most humbly pray your Grace would be pleased to renew their said order, and they shall pray, etc. — Lawrence Barrett. — Pat[rick] Rooney. — Donnagh M c Doyle. — Turlagh Quine." " Dublin Castle, 23 June 1666. — We are pleased hereby to renew the former order within mentioned given by the late Lord Deputy, the second day of August 1664, concerning this matter, and to pray and 1 Marcus Trevor, created Viscount Dungannon in 1662. 2 Not in the MS. 3 See Nintl! Report of this Commission, 1884, Part i. p. 145. HISTORICAL MANUSCRIPTS COMMISSION. MA^Qris require our rery good Lord, the Lord Viscount Dungannon, Sir Henry of oitmoxde. Tichborne, Knight, Field Marshall Generall, Sir John Stephens, and Sir William Flower, Knights, or any three of them, to examine the matter aforesaid and to compose the difference by consent of the partyes whom it concernes (if any they can), or else to certify us what shall appeare unto them and their opinion what they shall conceive rltt to be done therein. — Ormonde." John Potter : — Praying that the report on petitioner's claim for expenses incurred in the Duke of Ormonde's service, etc., made by Richard Delves, one of the referees named, may be received, the other referee having refused to act.™ 23 June 1666. James Tanner. — Recovery of amount due for beer by William Castle, of the Life-Guard.— 3 July 1666. Sarah Wells, 1 under sentence of death.— Reprieve. — 7 July 1666. William, Earl of Desmond. 2 — " That his Majestie, in his patent of honour granted unto your petitioner's father, George, Earle of Desmond, lately deceased, and the heires males of his body, was graciously pleased to allowe him the annuall allowance of fifteene pounds sterling, creation- mony, as by the said letters patents, bearing date the 7 th of November, in the 20 th yeare of the raigne of King James remaineing of record with his Majestie's Auditor- Grenerall, more at large may appeare. That, before the death of your petitioner's said father, there were severall yeares creation-mony due unto him, which is yet unpaid by reason that his Majestie's said Auditor- Generall will not issue forth debentures for the same, in regard your petitioner's said father was not inserted in the Establishment made upon the King's happy Restauracion, but is now put upon the Establishment to bee made (as your petitioner is informed). In tender consideration whereof, and for that his Majestie's Auditor- Generall thinks it fitting and necessary to have your Grace's warrant before he gives debentures unto your petitioner for what creation-mony fell due unto your petitioner's said father, and for the future shall fall due unto your petitioner as the heire male of his said father. And your petitioner shall pray, etc. " Dublin Castle, the 6 of July, 1666. — Upon consideration of this petition, we are pleased, and doe hereby order, that his Majestie's Auditor- Generall shall make forth debentures for what is due to the petitioner for creation-mony from the time that the same was put upon the Establishment, and soe from time to time, as for others in like cases. — Ormonde." William Doyle, of Carlow. — Pardon, in forma pauperis, for horse- stealing. — 9 July 1665. Christopher Dobson and Eusebius Cotton. — "That your petitioners, being farmers of the Inland Excise and licences of the County Palatine of Tipperary, for one yeare and one quarter ending the 25 th of March last, dureing which time the severall persons in the schedule annexed (souldiers in Clonmell, under the command of Sir Francis Foulk, Knight), were in arreare and indebted to your petitioners, for Excise and licences, the severall summs to their names annexed amounting to the summe of £35 7s. 4c?., which said Sir Francis hath an assignment on your petitioners for £225, which your petitioners owe and are 1 See p. 17. 2 William Fielding, Earl of Denbigh and Desmond, succeeded his father, George, on the death of the latter in 1665. HISTORICAL MANUSCRIPTS COMMISSION. 7 indebted to his Majestie, besides other great summes yet in arreare for ^Squis other countyes they then farmed, and now iikewise assigned to the of Ormonde. souldiery ; and whereas your petitioners have severall other debts stand- ing out and in arreare in the said county of Tipperary by bondes and otherwaies, amounting to neere £500 pounds, and sufficient to satisfy what is due from your petitioners to his Majesty, and cannot have that speedy course afforded them for the getting in the arreares of Excise due in the said county of Tipperary, as the Right Honourable the Lord President of Munster afford es your petitioners and others in Munster in the like causes, being a branch of his Majestie's revenue, to wit, by granting us a warrant of execution against the persons soe in arreare for Excise and licenses immediately upon due proof e made before him of such debt or debts in arreare which cannot be obtained in your Grace's Court Palatine of Tipperary without your Grace's particular order for that purpose by meanes of the strict rules of law in that Honnorable Court followed; by meanes of all which your petitioners are altogether unable to satisfie the severall great summs assigned on them as aforesaid, but must with their security be utterly ruined unless releived by your Grace. May it therefore please your Grace, the pre- misses tenderly considered, to grant your order to the said Sir Francis Foulke to defaulk and deduct forth of the said £225 the said summe of £35 7s. 4d. due from his souldiers as aforesaid, or as much thereof as shall appeare uppon oath before him to be due both for Excise and licences, and that your petitioners may be allowed soe much forth of their rent due for Excise and licence, or otherwise releived therein as to your Grace's wisdome shall seem most meete ; and likewise to afford your petitioner your Grace's order to your Seneschall of your said County Palatine of Tipperary, upon every proof e thereof made before him, or some such other order as may be for the present releife of your poore petitioners and supply of the present necessity of the souldiery on whom it is assigned as shalbe by your Grace thought most meete, otherwise your poore petitioners must perish in gaole and theire familys ruined. In granting of all which, or otherwaies releiving your peti- tioners, they will alwayes pray as in duty bound for your Grace's prosperity. " Dublin Castle, 9 July 1666. — As to that part of the matter men- tioned in this petition which doth concernethe souldiers under the com- mand of Sir Francis Foulke, he is to examine the same, and what he shall find to be due by every of the said souldiers respectively to the petitioners for the Excise or lycences within mentioned, he is to stopp out of their entertainment, and pay unto the petitioners as theire said entertainments shall become payable ; and for such monys as are due to the petitioners by any other persons than souldiers within the Regalities and liberties of Tipperary upon the account aforesaid, we recommend the petitioners to the Seneschall and Chancellor of the said Regalityes and Libertyes for such speedy releife to be given them as shall appeare to be just and warrantable. — Ormonde." James Tanner against William Castle. — Certificate and order as to recovery of debt. — 13 July 1666. John Tuthill and others. — " That your petitioners, being all tenants to your Grace, and liveingin the tow ne of Chappie -Izod, were, employed by William Dodson, Esquire, with their horses and carrs to carry stones towards the building of the [Phoenix] Park wall adjoyneing to your petitioners, with promise of true payment for their paines and labour therein according as they respectively followed their work ; whereupon your petitioners used their industry therein, expecting to have due 8 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of satisfaction f3r the same according to the general! rate, by which there of Ormonde, accrewed due lo your petitioners the summe of twenty pounds nine and — fourpencc, as by the certificates hereunto annexed may [appeare]. But now so it is, may it please your Grace, that the said William Dodson bath hitherto failed to pay your petitioners the eaid summ soe due unto them as aforesaid, whereby your petitioners are very much damnified, the same being due at least a yeare and a hnlfe. Your petitioners there- fore humbly pray they may be speedily satisfied the said summ in such manner as your Grace shall thinke meete. And your petitioners shall pray, etc. " Dublin Castle, 11 July 1666.— Mr. William Dodson within named is forthwith to shew us cause in writeing why the mony demanded by the petitioners is not payed unto them. — Ormonde/' James Coleman. — "That he was assigned, as Deputy to Gamaliell Warter, Esquire, Collector of the Quit-Rents in the barony of Lower Ormond, to pay the Lord Brabazon's troope, £38. That, upon pro- ducing the assignenient, he gave them what mony he had and tendred them a distress of oxen, cowes, horses, etc. for the remainder, as they had been or should be appraised at, which was £38. That Edward Butler, the clerke of the said troope, Thomas Lane, John Nurse, David Cockane, and William Warwick, troopers of the said troop, not con- tented therewith, did not onely drive the said cattle to the pound, but also drive 160 cattle more (off your Grace's lands) of your petitioner, and made your petitioner compound for £40 for the releasement of his cattle. That the said Butler did drive away the cattle, without appraise- ment, to lioscrea, and there forced some to appraise them at under rates, with which being not satisfied [he] sent back to the petitioner's farme for the pretended remainder, and three pounds for keeping and grazeing the said cattle. That they refused to accept of a redemption of the cattle [taken] from the petitioner, who had procured the money and tendred it. That, being still ready to pay the monys the cattle were appraised at, and to prove his allegations, he therefore humbly prayes your Grace's order for restitution of his cattle, satisfaction for his said forced composition, and the menys exacted from him, and for his damage. And he shall ever pray, etc." "Dublin Castle, 18 July 1666. — Symon Finch and John Harrison, Esquires, calling before them all partyes whom this matter doth con- cerne, are to examine the same and heare what shall be offered on all sides, and to certify us particularly what shall appear to be fitt. — Ormonde." Captain John Bartlett.— " That the Ormonde friggatt being fraited for Chester, and being in want of 40 three-pounders for 4 small guns aboard her, and he formerly returneing into his Majestie's store 40 saker shotr, being six poimdes weight, he having spared about 20 three- poundci-3 of his own, by the command of Sir John Stephens, for his Majestie's service ; he therefore most humbly pmyes your Grace wilbe pleased to give order to the Clerk of the Store forthwith to deliver 40 three-pounders to your petitioner, to be returned if they be not spent against the enemy. And he shall ever pray, etc." " Dublin Castle, 19 July 1666.— The Clerk of the Store is to deliver to the petitioner the shott above desired, he giveing his engagement in writeing under his hand to returne the said shott into the stoare when he shall be thereunto required, if the same shall not be spent in his Majestie's service against some of his Majestie's enemies.— Ormonde." HISTORICAL MANUSCRIPTS COMMISSION. 9 William Vigers, servant to Roger Chamberlaine, " his Grace's saddler." MSS. o? — Recovery of Wages. — L4 July 1(566. op (Ormonde. Dorothea Kingsmill, widow. — Tenancy of lands in county of Tipperary, and order granting same, free of rent. — 23 July 1666. Nicholas Lock, gardener. — Discharge from custody. — 25 July 1666. Richard Roberts. — Restoration of a horse sold to the late Lieutenant- Colonel Moses Hill. — 3 August 16s5:>. Committee of " Adventurers " sitting at Grocers' Hall, London. — Respecting clause in Explanatory Act relating to lands claimed for sea- service ; and confirmation of petitioners' interest in several lands in Ireland, on foot of monies advanced for the public service. — 1 1 August 1666. John Tuthill. — Report on claim in connexion with Phoenix Park, Dublin.— 8 August 1666. Lawrence Daly, John Daly, Hugh Rely, and Connor Coony. — Par- dons, already granted, to be passed in forma pauperis. — 14 August 1666. William Gernon. — il That your petitioner is appointed by an order from Sir Thomas Harman, Captaine of your Grace's Life-Guard of Horse, to view and take notice of all the amies and armourers thereunto belonging, and to call in the armes of all persons that leave the troope by furloe, passe, or otherwise, and dispose of them to the persons which come in their roomes. Now so it is, may it please your Grace, that Mr. Savinion came in the rooine of Mr. John Morris, who delivered his armes to him, but not his buffe coate, by meanes whereof he is not accoutred as becomes one of your Grace's Guards. May it therefore please your Grace to order Mr. Morris to deliver the coate, that it may not be a president to others to do the like, and so leave the troope desti- tute. And your petitioner will pray," " Dublin Castle, 13 August 1666. — Peter Savinion being admitted into our Life Guard of Horse in the roome of John Morris, the said John Morris is hereby required forthwith to deliver unto the said Savinion the buffe coate within mentioned. — Ormonde." Richard Nicholas and Richard Cox, " trumpeters to the commanded party waiting for orders." — " That by your Grace's order Captain Brennon, the first of January last, entertained your petitioners, pro- mising them such pay as the army trumpeters should have. That your petitioners have very carefully attended their duty, as appears by the annexed certificate, yet hitherto have received noe pay. That when the rest of the party were paid, your petitioners applyed themselves to the clerk, expecting their pay who told them that he had none for them, nor could they have any without your Grace's speciall order to that end. Now, forasmuch as your petitioners have waited and done duty ever since May 1665, although they were not entertained by your Grace's order till the said 1st of January last, and have been at great charges buying horses, trumpets, and other materialls, and in maintain- ing themselves and horses here, whereby they are disabled to inarch out of towne with the party, without some provision be made to enable them, all which their said Captain can certifie ; your petitioners therefore most humbly pray your Grace to grant order whereby your petitioners' pay already due, and which shall in the future grow due, may be issued either by concordatum or otherwise as your Grace shall think fit. And your petitioner as in, etc. 1 Not in the MS. 10 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of " Dublin Castle, 9th August 1666.— The Muster-Master Generall is of Ormonde, to state the pay due to petitioners^ from the time when Sir Thomas Harman and Captain Brennon by their annexed certificate doe certify they were entertained in the service above mentioned nntill this day, after the rate allowed to the trumpetts of the troopes of the army, and to certify us thereof, and thereupon we shall give our further order. — Ormonde. William Rosse, Captain. — Payment of arrears. — 15 August 1666. Thomas Taylor. — " That your petitioner faithfully served his Koyall Majesty and his late father, of blessed memory, untill his Majestie's armie was declined, first under the command of'Collonel Hill, after of the Lord Dungannon, and by him under your Grace untill commanded towards the North, and after noe appearance of his Majestie's army in this kingdom, your petitioner retired and lived privately, untill of late he hath been visited with sickness, which hath reduced him to some indigencie, having a family to maintaine. However, your petitioner is able and willing to furnish himselfe and servant with horses and amies to serve his Majestic He therefore humbly prays your Grace to grant an order for him and his servant to be mustered in the Lord Charlemont's troope, or at least for himselfe, and forthwith to enter into pay. And your petitioner, &c. " Dublin Castle, 15 August 1666. — At the next muster, after any vacancy shall be in the troope under the command of our very good Lord, the Lord Viscount Charlemont, 1 the petitioner is to be admitted into that troope, he appearing sufficiently mounted and armed ; whereof the Muster-Master and the officers of the said troope are to take notice. — Ormonde. " Colonel Randal Clayton. — u That your petitioner, having received severall summes of money for the use of the Trustees appointed by your Grace and the Duke of Albemarle for manageing the security of the [16]49 Officers, amounting in the whole to £19,930, hath rendered a just and punctuall accompt thereof to the said Trustees. And having a greater regard to the benefit and advantage of the said security than any private interest of his owne, did from time to time supply and answer the severall occasions that the said Trustees had, whereby they are become indebted unto him in the summ of £1212 . 4 . 4J, over and above his receipts, and your petitioner being very sensible that if the security designed to be distributed among the [16]49 Officers were actually given out before any provision be made for your petitioner's satisfaccion, he should be left wholly without remedy. He therefore humbly prayes that your Grace will be pleased to recommend his con- dition unto the Honourable his Majestie's Commissioners for executeing the Acts of Settlement and Explanation of the same, that, they finding your petitioner's allegation to be true, there may be such provision made [for] your petitioner's satisfaction as may prevent his utter mine. And he shall pray, etc. 2 James Leslie, " Gunner of his Majestie's vessell the Mary yaucht. — That his wife is dead at Limehouse, his doores are lockt up, and his goods like to be spoyled or lost, without his speedy repaire thither. Prayes licence for six weekes' time to repaire to his concernes. Captain Sharland, commander of the vessell, certifyes the petition to be true, 1 William Coulfeild, Viscount Charlemount. 2 The following observation is here appended in the MS. : " On this petition a letter was granted to the Commissioners. Vide page 88 in the Letter Book." HISTORICAL MANUSCRIPTS COMMISSION. 11 and that he may bee spared for that time ; upon which a lycence granted ^ ISS * 0F him for six weekes from the date heereof. Dated the 24th September f Ormonpf. 1666. — Ormonde." — John Jarvis. — To pass certificate for 676 acres, allotted, on foot of soldiers' arrears, in Thomas Taylor's patent. — 24 September 1666. Sir Francis Hamilton, — Warrant in reference to ten months' arrears due to himself and his troop. — 25 September 1666. Thomas Cuthbert, of London, draper. — " That one Major Robert Edgeworth, 1 now an officer in his Majestie's army in this kingdome of Ireland, is justly indebted unto your petitioner by two severall bonds in the summ of fifty-eight pounds, tenn shillings sterling, for the payment of nine and twenty pounds, eight shillings, and three pence sterling, due above five years since ; that notwithstanding your petitioner hath for- borne the said Edgeworth all the time aforesaid, and your poore petitioner is in extreme want of the said mony by reason of the great losse he hath sustained by the late accident of the fire 2 which happened in the said citty of London and burnt your petitioner's house to the ground, and many of his goods, yet the said Edgeworth, depending upon priviledgein the army, doth utterly refuse to pay your petitioner's said just debt, so that your petitioner is in a deplorable condition unless herein speedily relieved by your Grace. The premisses considered, your petitioner most humbly prayeth your Grace will be pleased to grant your petitioner lycence to implead the said Major Edgeworth at law for recovery of his just demands, notwithstanding the said Edgeworth's military capacity. And your petitioner, etc, " Dublin Castle the 27th September 1666.— If Major Robert Edge- worth shall not give the petitioner satisfaction for his demand within mentioned within six weekes after sight hereof, upon affidavit to be made before the clerk of the Counsell of the shewing this our order to the said Major Edgeworth at the end of the said six weekes, the petitioner may take his remedy against him by due course of law, not- withstanding his military capacity. — Ormonde." William Armitage and John Chambre. — Order in relation to prepara- tion of fiant. — 27 September 1666. Richard Fhilips. — Recovery of debt from Richard [Barry] Earl of Barry more. — 25 September 1666. Captain Adam Molyneux. — " That your petitioner is willing to accept of a moyety of the ten months' arrears, due to him, as Lieutenant to Sir William Neale's troope of horse, if your Grace wilbe pleased to order him present payment thereof, as hath been granted to others. He therefore humbly prayes your Grace's order to the Muster-Master Generall to draw up a warrant for the payment of the said moyety. And, etc. "Dublin Castle, the 26 September 1666.— The Muster-Master Generall or his Deputy is to state the ten months' arrear above- mentioned, and certify us to how much a moyety thereof doth amount. — Ormonde. " May it please your Grace : I find that there is due and in arreare unto Captain Adam Molyneux, as Lieutenant to Sir William Neale's troop of horse, from the 20th of October 1661 to the 27th of July 1662, according to the kalender account and present establishment, the summ 1 See p. 76 ; also Ninth Report of this Commission, 1884, Part i., p. 143. 2 In September 1666. 12 HISTORICAL MANUSCRIPTS COMMISSION. MSS.or of one hundred and sixteene [ounds two shillings, a moyetie whereof >f Ormonde. amounts to fifty-eight pounds one shilling; which I humbly certify — this 26th of September 166'3. — Richard Barry. " Dublin Castle, 26th September i666. The Muster-Master Generall or his Deputy is to prepare a warrant for payment of a moyetie of the ten mouths' arreare within mentioned to the petitioner, in satisfaction of the whole, and present it unto us for our signature. — Ormonde." Captain Robert Deey. — Like petition, with order and warrant for moyety of ten months' arrears. — 26th September 1666. Sir James Shane, 1 Knight and Baronet. — " That his Majestie hath been graciously pleased, by letters pattents under the great seal of Ireland, bearing date the 7 of June last, to grant a full third part of the cleare promts of the office of Register of the Court of Claim.es, which by a clause in the Explanation Act was reserved to his Majestie's dispose, to Robert Reading and Alexander Bence, Esquire, with direc- tion and authority to your Grace to call the oiiicers executeing the said place to aecompt, upon oath, for a third part of all they have or shall receive, necessary charge deducted, by vertue of the said office, and to cause all the moneys so as aforesaid received to be issued out and payed from time to time to such person or persons as his Majestie hath or shall appoint. That the said Robert Reading and Alexander Bence have, by instrument under their hands indorsed on the said letters pattents, granted, assigned, and made over unto your petitioner all their rights title and interest in the premisses unto your petitioner, his executors, administrators, and assignes. And your petitioner, by letter of atturney perfected by him, hath authorized Dr. John Westby, Auditor of the said Court, to receive all such fees as from time to time shall become due unto your petitioner's use. Your petitioner therefore humbly prayes your Grace to command the said Registers forthwith to bring in their accounts unto the said Dr. John Westby, and to pay unto him what is due unto your petitioner, according to the true intent and meaning of the said Act and his Majestie's letters pattents. "Dublin Castle, 26 September 1666. — Upon consideration had of this petition and the reasons thereby offered, we thiuke fit hereby to require the Registers of the Court ofClaimes of Ireland to bring in their account of the third part of the profitts of their said office unto Dr. John Westby, Auditor of the said Court, and to pay such fees unto him from time to time as they shall receive out of the said office, according to the true intent and meaning of the Act of Parliament and his Majestie's letters pattents within mentioned. — Ormonde." Philip O'Duffie and Patrick Brady.— " That, on or about the latter end of June last past, your poore petitioners were apprehended by a party of the Lord Dungannon's troope in the county of Ley t rime, 2 suspecting that your poore petitioners were riseing in rebellion. That thereupon they were brought to this citty [Dublin] and comitted close prisoner in the said citty gaole meerely on the suspition aforesaid. That your petitioners are poore labourers and ready to make oath before your Grace that they never raised in rebellion against his Majestie, or had the least thought soe to doe. That they have the charge of wives and numerous children to maintaine only on the benefit of their dayly labour, but since your poore petitioners' comittall their said wives and children are in a starving condition, and unless your 1 Sec p. 16. 2 Leitrim. HISTORICAL MANUSCRIPTS COMMISSION. 13 Grace gives order for your poore petitioners' speedie enlargement, both mss. op your petitioners and their said wives and children will undoubtedly o^^wSid perish. May it, therefore, please your Grace mercifully to look on your — petitioners' distressed and most deplorable condition, and, forasmuch as it was out of malice the said rebellion was fathered on your poore peti- tioners, to grant your Grace's order [for] their enlargement out of this prison, to earne their daily bread to maintaine themselves and their poore charge. And your poore petitioners, as, etc. "Dublin Castle, 15th August 1666. — We pray our very good Lord the Lord Viscount Dungannon to certify us wherefore the petitioners were comitted, with his opinion whether he conceive them fit to be set at liberty. — Ormonde. " September the 23 1666. — May it please your Grace : The peti- tioners within mentioned were both comitted by your Grace's orders upon severall informations against them of being concerned in a late intention that lately was said to have been among some of the Irish nation to have risen in armes, and upon such examinations as have been taken before me, I find it litt, if soe your Grace's pleasure be, that Philip O'Duffie be released upon bonds, but that Patrick Brady be still con- tinued in restraint. All which is humbly submitted unto your Grace by your Grace's most obedient servant, Dungannon. "Dublin Castle, 25 September 1666. — Upon consideration of the forgoeing certificate of our very good Lord, the Lord Viscount Dun- gannon, made in pursuance of our order given the 15th of August last, upon the within petition of Phillip O'Duffy and Patrick Brady, we are pleased and doe hereby order that the said Phillip O'Duffy, giving bond with sufficient security to the Clerk, of the Councill to his Majestie's use of the penalty of one hundred pounds sterling, with condition that he shall appeare at the Councill Board within tenn dayes after notice for such his appearance shalbe left in writeing at the now dwelling house of \blanJt] Stan dish, in High-street, scituate in the bitty of Dublin, and not depart without lycence of the said Councill Board in writeing first obtained, upon certificate of the said Clerk of the Councill of the said Phillip O'DufTye's giveing such bond, the Marshall or gaoler in whose custody he doih remaine shall sett him at liberty, [he] paying his fees. But the other petitioner, Patrick Brady, is to be continued in restraint untill we shall give further order concerning him. — Ormonde." Dr. Robert Gorges. 1 — " That upon your petitioner's humble applica- tion formerly made to your Grace, your Grace was favourably pleased to referr the consideration thereof to my Lord Anglesey, 2 and his Lordship, being satisfyed in the truth of your petitioner's allegations, was pleased to report his opinion to your Grace that your petitioner ought to receive satisfaction for his annuity according to his grant, and that the Auditor- Generail should issue out debentures accordingly, and though your Grace hath been pleased to signify your concurrence to the said report, as by the annexed will more fully appeare, yet so it is, may it please your Grace, that Sir James Ware, his Majestie's Auditor-General!, finds the prayer of your petitioner's former addresse to issue out debentures from the date of his Majestie's said grant, and though the said grant now of record in the said Auditor's office expressely declares the commencement of your petitioner's right to be from his last payment as assignee to Collonell Christopher Roper, late deceased, and though 1 Manager of the affairs in Ireland of James, Duke of York, subsequently James II. 2 Arthur, Earl of Anglesey, Vice-Treasurer of Ireland. 14 HISTORICAL MANUSCRIPTS COMMISSION. mss. of the Earle of Anglesey, as aforesaid, reports to your Grace that your of Ormonde, petitioner ought to receive his arreare according to the said grant, yet, * — his Majestie's Auditor-Generall being not satisfyed therewith, your petitioner humbly prayes your Grace's expresse order to the said Auditor that, pursuant to the aforesaid report made by the Earle of Anglesey, and pursuant to the time limited by the letters pattents, your petitioner may receive debentures for the aforesaid annuity or pension. And he shall pray. "Kilkenny Castle, 6 October 1666. — We pray Sir James Ware, Knight, his Majestie's Audiior-Generall, to certify us what the diffi- culty is why the petitioner should not have debentures for the pension in the within petition mentioned, as is thereby desired, and thereupon we shall signify our further pleasure. — Ormonde. * May it please your Grace : In obedience to your Grace's order, I have considered of the first and second petition of Dr. Robert Gorges, and I find that by his first petition to your Grace hereunto annexed he desired onely your Grace's warrant to me to make out debentures for his pension of six shillings sterling per diem from the date of his Majestie's letters pattents granted to him of the said pension, which letters pattents doe beare date the 15th day of July 1665, and there- upon procured your Grace's order to me to make out debentures for his arreares of the said pension. But, upon perusall of the said letters pattents, I find that his Majestie hath been graciously pleased to grant unto him the said pension, as he truely informeth in his second petition, from the time of the last payment thereof unto him as assignee to Christopher Roper, which last payment I find to be at Michaelmasse 1663, so as the- difficulty ariseing onely by the mistake of Dr. Gorges' first petition, I am humbly of opinion that your Grace may be pleased to give order to me to make out debentures from the time of the last payment unto him of the said pension as assignee to the said Christopher Roper, which I humbly certify and submitt, etc. — James Ware. " Kilkenny Castle, 22 October 1666. — Upon consideration of the fore- going certificate of Sir James Ware, Knight, his Majestie's Auditor- Generall, made in pursuance of our order of reference, given the sixth day of this month, upon the petition of Dr. Robert Gorges, we are pleased and do hereby order that his Majestie's Auditor-Generall shall make out debentures to the said Doctor Robert Gorges for the pension in the said petition and certificate mentioned, from the time of the last pay- ment made unto him of the said pension as assignee unto Christopher Roper. And for so doing this shall be a sufficient warrant. — Ormonde." Rowland Bunting. — Recovery of debt from Captain John Stockton. — 6 November 1666. Timothy Michellburne. — Recovery of debt from David Kennedy, of the Life-Guard.— 29 October 1666. John Gardiner. — " That your petitioner was clerk unto his Excellency the Earle of Ossory his troope for the space of fourteen months, dureing which time your petitioner gave and layed out to the use of Sir Ge«rge St. George, Captain-Lieutenant to the said troope, the summ of one hundred fifty-two pounds, five shillings,and two pence, over and above his owne pay and his servants' pay, for which summ or any part thereof the said Sir George denieth to make any satisfaction, and hath also disbanded your petitioner at the muster taken the last of June 1666, notwithstanding that your petitioner had your Grace's furloe to be absent untili the nynteenth day of July following, which the Muster-Master had with him at the said muster, to your petitioner's utter ruine if not releived by your HISTORICAL MANUSCRIPTS COMMISSION. 15 Grace. Your petitioner's humble request is that your Grace may MSS. of charitably be pleased to order Sir George St. George to satisfie your i*omovDx. petitioner of the above debt, and any other officer or souldier of the said — troope the debts by them oweing unto your petitioner, otherwise to appeare before your Grace to shew cause to the contrary ; and graciously to order that your petitioner may receive his pay as trooper in the said troope until the expiration of your Grace's furloe, your petitioner having had noe accompt of his pay since January 1663. And your petitioner shall, etc. " Dublin Castle, the 7 November 1666. — Sir George St. George is required, within ten dayes after sight or notice hereof, to make answer in writeing to this petition. — Ormonde." Margaret Fennell," the widow and relict of Dr. John Fennell." — "That your petitioner is delayed this seventeen months from haveing the benefitt of your Grace's severall orders for the mortgage of Kilkonery, occasioned by the misinformation of some pretending to it, and after severall references to the Commissioners and from thence to [blank'], on both sides, and last of all your Grace's Commissioners, by consent of all partyes, referred the matter to Sir Tho[mas] Longeville, who has accord- ingly called all partyes before him and examined the matter thoroughly, as may appeare by his report hereunto annexed, 1 and his opinion, there- unto signed, that the benefit of the mortgage belongs unto your petitioner in right of the two eldest daughters of William Fennell, whom the petitioner satisfied for the said morgage. May it therefore please your Grace to confirme your Grace's first order of i'100, as your petitioner compounded for, and that your Grace may not suffer your petitioner to be further delayed, she being indebted more than the money comes to [by] her constant prosecution thereof. " Dublin Castle, 12 November 1666. — Upon consideration of this petition, and of the annexed certificate 2 of Sir Thomas Longevill, Knight, we are pleased and doe hereby order and require that the Com- missioners for the management of our estate shall, out of our moneyes, cause the summe of £100 in the said petition mentioned to be payed unto the petitioner, Margaret Fennell, the relict of Dr. John Fennell. And for so doing this, with her acquittance confessing the receipt thereof, shall be a sufficient warrant. — Ormonde." Richard Row, Thomas Hart, Gerald Wallis, Nicholas King, William Barker, and Paul Aulfrey. — Praying that their certificates for lands may be passed in one patent, under " Explanatory Act." — 13 November 1666. Thomas, Earl of Ossory ; Richard, Earl of Burlington and Corke ; Roger, Earl of Orrery ; Richard, Earl of Arran ; and Robert Boyle, Esquire.— " That by the Explanatory Act, page[s] 143 and 144, 3 your petitioners, their heires and assignes, are to have the full benefit of his Majestie's letters of the 24 July 1665, so farr forth as your Grace shall find the generall matters and things therein to be consistent with or agreeable unto his Majestie's gracious Declaration, or the Act of Settle- ment, or Act of Explanation, or any of them, an extract whereof is in the paper hereunto annexed. 4 May it therefore please your Grace to take so much of the said letters as doth not relate unto the [16] 49 Security into your Grace's consideration, and to cause such further proceeding to be made thereupon as, upon consideration had thereof, V, 4 Not in the MS. 3 Section 279 of Act referred to 16 HISTOKICAL MANUSCRIPTS COMMISSION'. MSS. of and of the said Act, your Grace shall think fitt, and your petitioner shall of M o A rmo"de. ever pray, etc. — "Dublin Castle, 15 November 1666. — We pray our very good Lords, the Lord Baron of Santry, Lord Cheife Justice of his Majestie's Court of Chiefe Place, and the Lord Cheife Baron of his Majestie's Court of Exchequer, to consider of this petition, and the paper annexed as also of the clause in the Act of Explanation, pages 143 and 144, and of his Majestie's letters of the 24 July 1665, therein mentioned, and haveing called before them the agent of his Royall Highnessethe Duke of Yorke, Sir James Shaen, 1 the late Agents imployed into England on behalfe of the Romane Catholicques, 2 the Lord FitzHarding's agent, and such others whom they shall find to be concerned herein as they shall think fitt, and haveing heard what they have to say or offer herein, to certify the same unto us, together with their opinions therein, and whether the severall matters and things in the said letters, or which of them, or how fan* forth the same respectively are consistent with or agreeable unto his Majestie's gracious declaration of the 30 of November 1660, the late Acts of Settlement and Explanation, or any of them, (excepting onely what relates unto the [16]49 security ;) whereupon wee shall proceed to do farther herein as wee shall find to be just and warranted by the said clause in the Explanatory Act. — Ormonde." Emor Tourney. — Recovery of debt from James Barkely, of Dublin, wheelwright, and " servant to his Grace." — 15 November 1666. Edward Davys. — "That your petitioner hath continued in restraint in the Marshalseyes of this citty, for the space of nine weekes upon suspition of breaking open the mails. His humble request to your Grace is that you would be pleased to examine the truth of the matter, and if your petitioner can clear himselfe of that crime that he may be set at liberty, otherwise to be continued. And he shall pray.— Edward Davys. "D[ublin] Castle, 25 November 1666. — We pray the Lords of his Majestie's Privy Councell sitting in our absence to informe themselves concerning the truth of this matter, and to do therein what they shall find to be just. — Ormonde." Viscount Baltinglas. 3 — Arrears of pay due for service as Ensign in the Earl of Barryinore's company.— 22 November 1666. Henry Aland. — Replevin of cattle seized on petitioner's lands in the countv of Wicklow, on account of assignment of rent arrears arising out of lands not in petitioner's possession. — 27 November 1666. Case of John Brough. — " To the King's most Excellent Majestie : The humble petition of Ann, wife of John Brough, Chirurgion, now prisoner in the citty of Dublin, in your Majestie's kingdome of Ireland, and late servant to Mr. Teddar, Chirurgion in Ordinarie to your Majestie — Sheweth : That your petitioner's said husband having the hard fortune to lodge in the house of a quarrelsome landlord in the said citty, who violently assaulted and wounded him in severall places, to the apparent hazard of his life, for preservation whereof, and after your petitioner's said husband had defended himselfe as long as he was able, seeing no hopes of sa f ety at last unhappily gave his said landlord a wound, whereof he not long after died, for which your petitioner's said husband was condemned to suffer death ; but the said wound being 1 Cesser, Collector and Receiver-General of the Province of Leinstre, and Registrar of the Court of Claims. 2 In relation to the <: Act of Settlement." 3 Cary Koper } third Viscount Baltinglas, HISTORICAL MANUSCRIPTS COMMISSION. 17 given in his owne defence, as may appeare by certificate annexed, 1 he mss. op was by his Grace the Duke of Ormonde, Lord Lieutenant of the said fOkSde. kingdome, reprieved for a certaine time, yet musi undoubtedly die for — the same in the very prime of his dayes, to the ruine of your poore petitioner, and her great charge of four small children, without youi Majestie's clemency and goodness be extended towards him herein. And therefore most humbly prayes that your Majestie will be pleased to grant her said husband your Majestie's gratious pardon for the said offence, as being the first that ever he committed and in his own defence, for which he is very penitent. And as in duty bound, shall every pray, etc. "At the Court at Whitehall, the 25th September 1665. — His Majesty is graciously pleased to referr the consideration of this peti- tioner's request to his Grace the Duke of Ormonde, Lord Lieutenant of Ireland, to report his Grace's opinion thereupon to his Majestie, whether he is a fitt object of his mercy, and then his Majestie will declare his further pleasure. — Arlington. "The humble petition of Walter Brough, in the behalfe of his brother, John Brough. — Humbly shewing : that the King's most Excellent Majestie, upon the petition of Ann Brough, on the behalfe of her husband, the said John, and of the certificates thereunto annexed, some of which are also hereunto annexed, 2 and in consideration of their great charge, having four small children, was graciously pleased to grant an order of reference unto your Grace, bearing date the 25 of September last, to make your Grace's report if the said John be a fit object of his Majestie's mercy, which said reference is also hereunto annexed. 3 Now for that the said John, for his act rashly committed through provocation, and that as he hath been serviceable to his Sacred Majestie in his subjects, soe he may be much more, and that his poore children, if he should suffer, are like to starve for want, your petitioner humbly be- seecheth your Grace to be moved with compassion and to grant further tyme unto the said John, till such tyme as his Majestie's pleasure shall be knowne upon your Grace's report, as also that your Grace wilbe pleased to report with as much favour as possible upon the said reference, and your petitioner shall pray, etc. "The 13 day of November 1666. — Keferred to his Mnjestie's Judges, before whom the within named John Brough received his tryall, to consider of the within petition of Walter Brough in the behalfe of his [brother,] the said John Brough, and certifie unto us the state of the matter of fact appeareing to them upon tryall of the said John Brough, And we are pleased that the said John Brough, and also Sarah Wells, 4 who, as wee are informed, was condemned concerning the said matter, be reprived untill the last day of January next ; whereof all persons con- cerned are to take notice. — Ormonde. " May it please your Grace, — In obedience to your Grace's order of reference dated the 13th November last, grounded upon the petition of Walter Brough, we humbly certify that in Trinity terme last the peti- tioner's brother, John Brough, with one Sarah Wells and Ellinor Ludman, received their tryalls before us in his Majestie's Court of Chiefe Place for the traiterous murder of William Wells, husband to the said Sarah Wells, and the said John Brough and Sarah Wells were then and there found guilty of the said murder and received sentence of death, upon which a writt of execution was awarded ; that shortly afterwards u 84068. *, 2 , 3 Not in the MS. 4 See p. 6. B 18 HISTORICAL MANUSCRIPTS COMMISSION. mss. of upon the petition of the said Sarah Wells pretending herself to be with op OrSde. child, though at her tryall soe confest she was not quick with child, your — Grace, in your wonted justice, in order to your owne satisfaction in matter of fact, was pleased to order respit of execution for some short tyme and to require our report therein to your Grace, which wee accord- ingly made, the substance whereof, soe farr as we conceive proper upon your Grace's present reference, is as followeth, viz. : It appeared upon the evidence on the said triall by testimony of one Dilkes, a foot souldier, that he being in the house of one Nichola Harrison, next doore to William Wells his house, heard one cry out. ' murder ' in his the said Wells his house ; and the said Nichola Harrison's mayd upon her oath affirmed that she, being at the same tyme in her mistress's cellar, which was under the said Wells' lodging-chamber, heard one cry out * murder/ and that imediately much blood fell betwixt the boards upon her. Whereupon the said Dilkes upon his oath affirmed that he and some others went imediately to the said Wells his doore, where they found all very still and quiet, and demanding oft, and very hard, what was the matter, noe answer was returned for above the space of halfe a quarter of an houre. But the said Dilkes and others with him threatening thereupon to break open the doore, the said Sarah Wells told the said Dilkes and others with him then standing at the doore, that they could not come in, for that the doore was lockt and the key was in her hus- band's pockett. Whereupon the said Dilkes, running violently with his foot against the said doore, the lower part of it flew open, the upper part of it, it being a hatch doore, being lockt and the key in it. And then, being somewhat after 1 1 of the clock in the night, the said Dilkes, and others with him, entered the house of the said William Wells, where they found him the said Wells lying on his face speechless and wounded in five places within his own bedchamber, and the said John Brought standing in the next roome within two yards of the said Wells his chamber, with his sword drawen and bloody, and the said Sarah Wells, whose apron was all blood, and Ellinor Ludman standing a little behind him, the said Brough • and the said Dilkes and others with him dis- arming the said John Brough, he, the said John, then and there said, that what was done, he did it. With all which testimony of the said Dilkes concurred the testimony of others with him, who all agreed that at their entry into the said Wells his house they only found in the said house, besides Wells his dyeing corps and the said John Brough, Sarah Wells, and Ellynor Ludman, young Wells, son to the said William Wells, a child of about eight yeares old, and a woman in nature of a maid servant, who, [by] meanes of the [said] Sarah, as the said Dilkes and others affirmed they believed, was on a sudden shuffled out of the said house. And [it] further appeared by the testimony of the said young Wells that the said Sarah Wells having bin out in the towne with the said John Brough the greatest parte of that day, his father, the said Wells, at her coming in, which was about nine a clock, being about an hour before the said John Brough came in, was very angry with the said Sarah, his wife, for being out with the said Brough, and gave her severall angry words. And the said Nichola Harrison upon her oath gave evidence that about an houre and something more before 'murder' was cryde out in the said Wells his house, with him further testified that, imediately after their said entry into the said house, the said Sarah very briskly and unconcerned sayd, Til take my oath my husband began,' though noebody gave the least occasion of saying soe either by askeing her any question or otherwise. And, last, we humbly certify that it did not appeare unto us, at the ?aid John Brough's and Sarah Wells' tryall, that the said William Wells had any weapon offensive or HISTORICAL MANUSCRIPTS COMMISSION. 19 defensive in his hand at the tyme of his being slaine as aforesaid, or that MSS. of he gave the least occasion of quarrel! at that tyme to the said John or Ormonde, Brough, he, the said William Wells, being on or in his bed with his son, — when the said Brough came in, and had only some few clothes loosely on when he was slaine, onely the said John Brough and the said Sarah Wells affirmed that the said William Wells began the quarrell, and with a chamberpot hurt the said John Brough in the head or forehead, and one Dr. Fountaine 1 produced on Brough's parte, ore tenus, said that he, seeing the said Brough presently after the fact done on Wells, did observe him hurt as aforesaid, but how, or by whom he knew not. All which is most humbly submitted to your Grace's wisedome and just consideration this 29th day of December anno Regis Caroli Secundi Aglias, etc. 18 annoque Domini 1666, by your Grace's most humble servants, Wil. Aston. 2 — Tho. Stockton." 3 On the foregoeing petitions and report of the Judges was granted this following letter : " My Lord : About two months since I received a reference from his Majestic, bearing date the 25th day of September last, on the petition of Ann, wife of John Brough, now a prisioner here and condemned for the killing of one Wells, and imediately thereupon gave orders to the Judges, before whom the said Brough was tryed, to certify me how the matter of fact appeared to them upon the try all ; and the Judges having returned me their certificate, I have herewith transmitted the same to your Lordship, having nothing more to say in a matter appearing soe fowly before the Judges, but humbly offer and submit the same to his MajestiVs consideration and pleasure, which it is necessary I should receive if possible by the latter end of this month, in regard the time to which the petitioner is repreived wilbe then expired and so I remaine, my Lord, your Lordship's most affectionate humble servant, Ormonde." * Dublin Castle, the 12th of January 1666." " To my Lord Arlington." Lady Sterling *. — Recovery from Randal Moore 5 of jointure and monies reserved to petitioner on her marriage with Sir James Moore, and accruing out of lands in the county of Louth now rented from her by Randal Moore, etc. — 31 January 1666[-7]. Paul Brazier. — Recovery of profits of lands, in Donegal, of which petitioner bad been dispossessed by the Trustees of " the 1619 Officers." —2 February 1666. Edward Chamberlain. — Recovery of debt from Humphry O'Keaver, Lieutenant of a foot company in the Isles of Arran. — 24 January 1666[-7]. Michael Berford, of Kilcow, county of Meath. — Repossession of lands in Donamore, decreed to petitioner by Court of Claims, and now held by Mr. Janes of Blackcastle. — 31 January 1666[-7]. 1 James Fountaine, Surgeon-General, Ireland. See p. 502, Appendix to Eighth Report of this Commission, Part i., 1881. 2 3 Sir William Aston and Thomas Stockton, Justices, King's Bench, Ireland. 4 Jane, daughter of Edward, Lord Blaney, and widow of Sir Robert Sterling. She had been previously married to Sir James Moore, son of Sir Garret Moore, first Viscount Mellifont. 5 Randal Moore, hrother to Henry, Earl of Drogheda. B 2 20 HISTORICAL MANUSCRIPTS COMMISSION. Marquis Henry Bankes, gentleman. — " That your petitioner, haveing been soe of Ormoxde. severely dealt withall by the late Lord Archbishop of Tuarn, 1 (as the annexed case betwixt them truly discovers,) hath yet, in reverence to a person of his eminence in the Church, and in expectation of finding a remedy for the evil at the length from himselfe, soe long foreborne to seeke it elsewhere, that he is now dead, not having taken any course for the restitution of those monys and othsr goods of the petitioner mentioned in the annexed paper, of which he soe illegally possesst himselfe and deteyned ; that now the said Lord Archbishop's executors, his widdow and his sonne, are making their applications to your Grace for a grant of the halfe yeare's rents belonging to the sees of Tuam and Kilfenorah, due the next Lady Day. His most humble request therefore is, that, seeing, as your petitioner's councell adviseth him, the action at law he had against the said Lord Archbishop being personall and perhaps dying with himselfe, he may be left remedyless at law against his executors (into whose hand are now come all the said monys, medalls, rings and jewells, sealed up in bags, with the other goods and writeings, without any embezilment hitherto) that your Grace would be pleased, out of your knowne love to justice, to order the restoring of the said monys and other goods to your petitioner before your passing a grant of the said rents unto them, or, otherwise, if the said rents are not to be granted to them, to order some expedient for your petitioner's reliefe herein, it being the most considerable part of his present fortune, his father's estate and family having been totally ruined by his sufferings for his late Majestie of blessed memorie. And your petitioner, as in duty bound, shall ever pray, etc. — Henry Bankes. " The case betwixt Samuell [Pullein], Lord Archbishop of Tuam and Henry Bankes. — The said Henry Bankes was brought over into this king- dome by the late Lord Primate Bramhall, 2 who, finding at his comeing over the office designed for him predisposed by patent by his predecessor, 3 ob- teyned another for him from his brother-in-law, the said Lord Archbishop of Tuam,whom, upon further knowledge, his Grace invites to a domestique residence with himselfe and to take upon him the general agency and management of his affaires, which with that diligence attended with such successe he pursues, that he advanced his revenue from £600 (for soe his Grace's agents had sett his estate the yeare before he tooke on him the said employment) to £1,500 per annum, besides an accompt given of above £L500 more raised by way of fines upon settling some part of the lands in lease. His Grace's affayres being soe well ordered,, the said Bankes thinks to recede from those imployments to follow his owne, being made Chancellor of some diocesses in that province. Soe delivers up to his Grace an account of all trusts comitted to him, wherein all matters were so particularly stated that, after a previous diligent search and enquiry, noe just exception was or could be taken thereunto. Yet, notwithstanding, his Grace, overruled, as the said agent conceives, by the too powerful perswasions and influence of his wife and his sonne, who both hated him (the one, for preferring the good of the see to the private advantages she designed thereout for herselfe, the other as covet- ing his imployments, both which designs they since compassed,) was induced to commit t this hereafter mentioned force and violence against the said Bankes, forgetful thereby of services that deserved a better requitall, and of his quality as being a Justice of the Peace for that and 1 Samuel Pullein, sometime Chaplain to the Marquis of Ormonde, -was appointed Archbishop of Tuam io January, 1660-1661, and died in January 1666-1667. 2 John Bramhall, Primate of Ireland, 1660-1663. 3 James Ussher, who died in 1656. HISTORICAL MANUSCRIPTS COMMISSION. 21 the neighbouring county. His Grace takes occasion to employ the said mss.of Bankes at 20 miles distance from his house ; then causeth the castle op ^^mn:d gates to [be] lockt up ; convenes his servants ; acquaints tbem with his — designe of breaking into the said Bankes his study, and breaking open all his trunks, and searching them. All his servants refuse to obey him (and for that reason severall of them were turned out of his service,) except two of the meanest, and those persons of a leud and dissolute life. Soe his Grace, his wife, and those two servants break open the said Bankes his study doore, guarded with two locks, from thence take all the papers, letters, writeings, which either concerned the said Bankes his particular affaires, or any others committed to his trust, of both which sorts ihere were some very considerable, as evidences for iand, leases, letters of private affayres of great concernment, and discharges for debts formerly due by the said Bankes and his father for above 5,000/., the specialtys for which debts remaining many of them of the creditors hands, those discharges are his only security against the double payment of them, with other papers of accompts for great sums of mony. Next they repaire to the said Banks his lodging-chamber doore, which strongly likewise lock'd they break open, and thereout carry 10 or 11 trunckes and boxes of the said Bankes his goods. One of the said truncks first his Grace causeth to be broke open, wherein was about £40 in mony and the keys of all the rest, with which he causeth them all to be opened ; and, strictly searching them, what writings and other things the said Lord Archbishop and his wife found to their likeing they tooke out and lock'd up in their owne truncks, and particularly two bags sealed, having £100 in English mony, severall other bags, sealed up, wherein were neare a £100 in medalls and rare fcrreigne coynes, a bag of ringes, jewells, etc. of about £50 vallue, severall leases whereon were due to the said Bankes about a £100 from severall lessees, besides a lease which the said Bankes had obteined of the said Lord Archbishop upon payment of 4 yeares income, by way of fine for the same, which having gott, his Grace reseized the lands, much of which monys, medalls, etc. the said Bankes brought with him out of England, and pays yet interest for the same ; and since his Grace has seized another trunck of the said Bankes', wherein were ail his bookes, printed and manuscript, and the remainder >of all his private writings, letters, etc.. which he had in the world. All which particulars, soe violently and illegally seized on, his Grace kept during his life and hath now left to the custody of his widdow and sonne (his executors) where at present they remain. — Hen. Bankes. " Dublin Castle, 9 February 1666[-7].— The widdow of the late Lord Archbishop of Tuam and her sonn above mentioned are hereby required to make present answer in writeing to this petition. — Ormonde." Joshua Kowlandson. — Recovery of debt from Hugh Barclay, clerk of the stores, ordnance and magazine at Londonderry.-— 22 February 1666[-7]. "The reply of Flenry Bankes to the answer of William and Frances Pulleyn to the petition and case of the said Henry Bankes : — The said Henry to the said answer replyes and saith ihat the [said] William cannot be ignorant ot the said Henry's advancing the revenue of the sees of Tuam and Kilfenorah from £600 to £1500 per annum, nor yet of his raising for the Lord Archbishop of Tuam's use above £1500 in fines the several! rentalls (both of the said Lord Archbishop's former agents, and the latter of the said Henry's improvements,) together with the schedule of the men- tioned fines, which manifest the same, having been delivered by order of the said Lord Archbishop up to the said William, his sonn, upon the said Henry's quitting the said Lord Archbishop's employments. And 22 HISTORICAL MANUSCRIPTS COMMISSION. MakqSis further the said Henry saith that it is a mere pretence (to give some of Ormonde, colour to the violent seazure of the said Henry's monys, writeings, and other goods by them both contrived and by one of them executed,) to alledge the said Henry's not having accompted to the said Lord Arch- bishop at the time of the mentioned seazure, for that the said Henry had some months before the said seazure delivered up to the said Lord Archbishop the accompts of his whole trust ; whereby after a review had of them by a gentleman, (sonn-in-law to the said Lord Archbishop, to whom the inspection into and stateing of the said accompts was by mutuall consent referred,) it appeared that the said Lord Archbishop re- mayned indebted to the said Henry above £40 sterling, not the least check to the said account being then offered at by the said Lord Arch- bishop, or any on his behalfe, though then required by the said auditor. And whereas it is alleaged by the said William and Frances that all the writeings and papers which were taken from the said Henry were se- cured in truncks and not opened till the said Henry came to view them, the truth is, that, when the said Henry's study doore was broke open, all the writeings and papers in it (both of the said Henry's and others committed to his trust) were taken thence and carryed into the said Lord Archbishop's lodging- chamber, and there care[le]sly throune to- gether on one comon heape, where they lay severall dayes exposed to the view, search, and purloyning of all such servants and others as had their usuall accesse to the said chamber. Which when the said Henry, after his returne to Tuam, understood, being not vainely fearfull of his owne utter ruine by the losse of papers of soe great concernment to him, he begged of the said Lord Archbishop that they might be secured under lock till he should be pleased to restore to him his owne writeings and others in charge with him not relative to his Grace or his sees ; which was then granted, and afterwards the said Henry commanded by the said Lord Archbishop to attend the view and division to be made of all the said writings and papers, at which time the said Lord Archbishop did restore unto the said Henry many of his owne proper writings (but not all) together with his private letters (then out of comon sence of humanity restored unlooked into) but did not leave him an inch of paper, that might be imagined to belong to himselfe or his sees. These, with the rest of the said Henry's trunks and goods, were left by the said Henry at his late goeing into England at the Lord Bermingham's 1 house p.eare Tuam ; after which the said Frances and William, possessing the said Lord Archbishop with an opinion how usefull for some respects might be the having againe in his custody and thorowdy reviewing all the said Henry's writings and papers, (which he had formerly restored him,) perswade his Grace to send for a replevin, which, upon the spe- cious pretense of the said Henry's having surreptitiously conveyed the writeings of his sees into an obscure place where they had discovered them, was granted for five truncks full of writeings belonging to the said Lord Archbishop and his sees. By colour of which replevin, upon such false suggestions obteyned, the said William Pullein repayres to the Lord Bermingham's house and causeth to be broken open againe ten or twelve truncks and chests of the said Henry's goods, and from thence conveys unto the said Lord Archbishop's all the said Henry's library of bookes, both printed and manuscript, and all his private and proper writeings and letters, (both originalls of others and coppyes of his owne,) which have all of them been viewed and examined to a syl- lable, and, (as he hath been informed,) his owne papers and writings of Francis Bermingham, Baron of Athenry. See p. 1. HISTORICAL MANUSCRIPTS COMMISSION. 23 concernment, (which must needs bring on his finall mine and distruc- mabquib tion) out of on implacable malice and hatred to him imbesled by them, op' Ormonde. and all his private affayres and business (impertinent to anything relating to the said Lord Archbishop) made the comon discourse of his whole family and of all others to whom they are pleased to relate them." " And whereas it is further alleged by the said William and Fiances that they have never seen the inonys, rings, jewells, medalls, forreign coines, etc. forceably taken from the said Henry, as in his petition and case mentioned, 'tis evidently knowne to above twenty witnesses that the said Frances did actually assist at the breaking open the said Henry's study and chamber doore, carrying away his goods, striking at the lock of the mony trunk, in endeavouring to break it open, and locking up in her owne trunks the said mony and other goods, and that afterwards when the said Lord Archbishop had a desire to know the value of what he had soe taken away, and to that purpose resolved to unseale the bags, (being admonished of the greater danger of doeing it privately,) he sends to severall of the neighboring gentlemen to come to him, to be witnesses of what was found in them at their opening ; in whose pre- sence (the said Henry being absent) the box which had been locked againe after the first view was broke open by the said Lord Arch- bishop's command, the baggs unsealed, the monys told, in which actually assisted the [said] Frances and William Pullein ; a particular of it and the other goods taken, and attested by severall of the by-standers, and a coppy of it by the said Lord Archbishop's orders sent to the said Henry, to compare with his owne particular, least any part of the said monys and other goods might be privately concealed from him, as the whole was publiquely forced from the said Henry. " And whereas it is further objected by the said Frances and William Pullein that the said Henry had delivered up bonds for fines which the severall lessees would not owne, 'tis answered that the reason for their denying to owne or discharge the aforesaid bonds was in respect their leases (which were left in the said Henry's custody for his security for such his undertaking for them, and were upon breaking open the study and trunks of the said Henry's, seazed on by the said Lord Archbishop,) were from thence and yet their fines demanded, as in like case by the aforementioned force ; there being found (amongst other leases) one lease of a castle and some lands adjoyning granted to the said Henry by the said Lord Archbishop under his hand and seaie, and confirmed by Deane and Chapter ; the said lease was nulled by the said Lord Arch- bishop, the said Henry dispossessed by force from his said holding, notwithstanding it was the first lease whereof the said Lord Archbishop made promise of at his coming to that see, and that accordingly, by vertue of the mentioned lease, the said Henry and his undertenants had been in peaceable possession thereof for four yeares, and that he had satisfyed to the said Lord Archbishop four years' fine for the lease at the augmentation rent. With this sad example the forementioned lessees being forewarned, 'tis noe wonder that they should deny the bonds till they got their leases ; that some of them imediately upon the delivery of their leases did satisfy to the said Lord Archbishop the said bonds, and the rest declared to doe soe when they should receive their leases, as by certificates under hands the said Henry can make appeare. " By all which, and what other proofes and evidences the said Henry can upon occasion produce, it may evidently appeare, how the said William and Frances Pulleyn have purposely framed severall forced calumnyes wherewithal! to defame the said Henry before authority, that 24 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of lie might be judged to meritt the ill usage he met with from them and Obmostde. tnat ne might be discountenanced by some in authority from prosecuting — his legall reparation. Amongst which said devised accusations these following, mentioned in several 1 places of the said William and Frances their answer, may take their place, viz. that the said Henry keeps in his hands to the value of £100 due to the said Lord Archbishop, (whereas the said Lord Archbishop was before the mentioned force and seizure considerably in the said Henry's debt) ; that the said Henry had con- verted some concealed profits of tythes due to the said Lord Archbishop to his owne use, (whereas the said Henry was soe far from doeing it, that to ericrease the said Lord Archbishop's tyth revenue he hath heightened it with the addition of his owne fees allowed him for the employment) ; that the said Henry kept tyth bonds soe long by him that the debitors became insolvent, (whereas at every Assizes in the countyes of (railway and Mayo the said Henry did prosecute the deficient debitors to the utmost of the law, at his owne charge of travelling ex- penses ;) that the said Henry had defrauded the said Lord Archbishop of above £2000, and that £1500 thereof was returned by him at one time into England, from whence 'tis pretended he never brought any summe of monys, whereas all the defrauding that doth or can appeare upon this contest is of him not by him ; that in all his life-time he never returned for England to the value of £400, a summe much short of what at severall times he brought hither from thence ; and whereas, at the present, by reason of s»ome unlucky sequells of his first speedy coming into this kingdome and the late unhappy seazure and detention of his monys and other goods aforesaid, hee is brought into a lower condition of fortune than he remayned in at his first coming over, as having been forced by the forementioned unfortunate obstructions to quit a lease for life of £80 per annum for £150 in monys, and to sell of this last sommer the remainder of his inheritance (saved from the gulph of the late warr in England) at too low a rate, as that which cost his predecessors above £1500 and himselfe in improving above £500 more, yielded now not £(300, the time for reducing the morgage being elapsed, and the creditor having gotten into possession of the morgaged premises, whilst the said Henry was attending here for some issue of his unhappy business with the said Lord Archbishop and the receiving his monys of him, which should have redeemed the morgage. " Upon consideration of all which foregoing passages, 'tis now the renewed humble suit of the complaynant that his Grace the Lord Lieu- tenant would continue to take further cognizance of this injury don unto him, and, if it properly fall within the compasse of that sphere wherein his Grace doth move, to find an expedient for the redressing of it, as well in regard such unusuall wrongs and oppressions are seldome heard of under governments where Christianity and peace reignes, comitted, surely never unredressed, as also in respect that the making more publick so foule a fact (with other aggravating circumstances, which here are purposely omitted,) may not staine the memory of a person of soe great eminence in the church as the said Lord Archbishop was, and one of a naturally good disposition, if a violence had not been committed against it by those whoe found out the opportunityes of old age accompanied with infirmityes too seasonable to work upon their malitious suggestions and by their too powerfull perswasions to modell him to their designes. The execution whereof in this aforesaid par- ticular force against the said complaynant the said Lord Archbishop hath more than once with teares lamented, but still meanes [were] found out by those evill advisers to debar the said complaynant from receiving any fruits of that repentance. And he shall pray, etc. — Hen. Bankes. HISTORICAL MANUSCRIPTS COMMISSION. 25 « Dublin Castle, 5th March 1666.— We pray the most reverend fathers mauq,™ in God, the Lord Archbishop of Armagh, 1 JtMmate and Metropolitan of of Ormonde. all Ireland, and the Lord Archbishop of Dublin, 2 Primate and Lord Chancellor of Ireland, calling before them the plaintiffe and the defendants in this matter, to examine the difference between them and to certify us the true state thereof, with their opinion what they shall conceive fit for us to do therein. — Ormonde." The Earl of Westmeath. 3 — " That the petitioner by special provision in his Majestie's gratious Declaration, and, after, by a clause in page 21 of the Act of Settlement, was to be restored to his former estate without further proof e ; that his Majesty, by his letters of the 24th of October 1664, takeing notice that he had designed the restoreingof the petitioner to that estate which formerly did belong unto him and his ancestors, wherein, his Majestie's resolucion having met with some interruption, he -was pleased for the petitioner's present releife, that the impropriations which formerly did belong unto him should be continued unto him, and that he should receive the profitts thereof for his subsistence untill his Majestie did provide otherwise for him. directing your Grace, or, in your absence, the Earle of Ossory, then Lord Deputy of this kingdome to give order for the petitioner's quiet enjoyment of the said impropria- tions, which was accordingly done by warrant of his Excellency the Lord Deputy in your Grace's absence. That the petitioner being lately therein disturbed, on his application to your Grace, he had your warrant not to be outed till he were judicially proceeded against, since which time the incumbent concerned in the said impropriations, or their trustees, have proceeded in the Court of Claimes and obteyned a judg- ment, pursuant to the severall clauses in the Acts of Settlement and Explanation, the names of the said incumbents, as also the particular of the said severall impropriations are expressed in a sceduli hereunto annexed. 4 That, by a clause in page 73 of the Act of Settlement, which is likewise continued and confirmed in page 27 of the Act of Explana- tion, it is declared and enacted that it shall and may be lawfull to and for the Lord Lieutenant, or other Chief e Governor or Governors of Ireland for the time being, to allot, assigne, and appoint unto all and every person and persons (who by the rules of the said Act of Settle- ment shall or may be restored) such recompence and satisfaction out of such impropriations as to him or them shalbe thought fitt and reason- able, which recompence and satisfactions soe as aforesaid to be assigned shalbe by vertue of the said Act of Settlement received and enjoyed accordingly. The petitioner therefore most humbly beseecheth your Grace, pursuant to the said severall clauses in both said Acts, that your Grace may be pleased to take into consideration the yearly vallue of the petitioner's said impropriations, and to order him such recompence and satisfaction thereout as to your Grace shalbe thought fitt and reasonable, 1 James Margetson, Archbishop of Armagh. 2 Michael Boyle, Archbishop of Dublin and Chancellor of Ireland. 3 Richard Nugent, second Earl of Westmeath. 4 The particulars referred to are as follow : — Cavan, diocese of Kilmore : Impropriate tithes of Mullagh, Killinkeere, Kilrnore, Kildromf'ertan, Ballintemple, Anuegeliffe, Drowng, Killisardan, Lowy, Urny. — Incumbents: Patrick Ma xfield ; Edward Dixie; Ebenezer Burch ; Ambrose Bar- croft; William Sheridan; William Aldridge ; Andrew Barecroft Westmeath amd Meath, diocese of Meath : Impropriate tithes of Mayne, Lick- blagh, Rathgraffally, Fowre, Foyran, Kilpatrick, Kaghelstown, Rathpatrick, St. Feighan, Our Lady's Church, Rathgarrow, Grangetown. — Incumbentt : Thomas Eitzsymons ; Hugh Hannagh. Longford, diocese of Ardagh : Impropriate tithes of Abbeylaragh.— Incumbent : Heskesth Ferris 26 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of the profits whereof being hitherto the best subsistance he had. And o^obmonde. * ne petitioner will ever pray, etc. " Dublin Castle, 22 March 1666[7]. — The severall incumbenls above mentioned are required, by themselves or their agent or agents sufficiently authorized and instructed, within eight dayes after the beginning of the next Easter terme, to appeare before us to answer this petition and to shew cause, if any they can, why the request thereof should not be granted. — Ormonde." Hugh Montgomery, Captain, clerk of his Majesty's Stores, Dublin. —Delivery, for his Majesty's use, by Commissioners of Customs, of powder bought on board the ship " Orange Tree." — 3 May 1667. Richard Jans, Esquire, High Sheriff of the county of Meath, Thomas Loftus, Thomas Coach, Arthur Purefoy, David Parry, Garret Wesley, Henry Wade, and Stafford Lightburne, Esquire, his Majesty's Justices of the Peace for that county. — "That Owen McDaniel, John Kelly, Brian Dunely, Terlogh McBrian, Thady Owney, Terlogh McEnteere, and John Smith, alias Gowen, now prisoners committed to the gaole of Trim, who upon their examinacions confessed themselves guilty of severall felloneys, although upon their tryail they denyed the same, and for want of further evidences more than their owne con- fessions, as aforesaid, were acquitted at the generall assizes held at Trim for the said county, the 13 April 1667, before Sir William Aston, Knight, Lord Judge of Assize for the north-west circuit of Ulster, yet they still remaine in prison. And your petitioners, considering the evill consequence of such notorious and knowne robbers to be sett at liberty will tend to the further distruction of the country, they therefore humbly pray your Grace will be pleased to grant your order to transport the aforesaid prisoners to the Barbadoes, it being their desire, and there being a ship now in the bay of Dublin bound for that island. And your petitioners shall ever pray. — Richard Jans. — Gerr. Wesley. — Arthur Purefoy. — Sta. Lightburne. — Henry Wade. " Dublin Castle, 1 May 1667. — We conceiveing the within petition subscribed by the High Sherriff and severall of his Majestie's Justices of the Peace of the county of Meath. who know in what condition the prisoners do stand, to be a ground sufficient to grant the request of the said petition, are pleased and do hereby order that if any marchants or other person or persons with good suretyes shall give bonds to the Clerke of the Councell, to his Majestie's use, of the penalty of three hundred pounds, with condition that, within six weekes after the inlargement of the said prisoners respectively out of the prison wherein they now remaine, they shall ship themselves for the island of Barbadoes and be transported thither, and not returne into this kingdome without the lycence of the Cheife Governor or Governors thereof for the time being, upon certificat of the said Clerke of the Councell of the giveing such bonds, the Sherife or gaoler in whose custody the said prisoners do remaine shall set them at liberty. — Ormonde." John Goatly. — " That your petitioner, being an Inn-keeper in the citty of Waterford, about fower yeares since there were quartered upon [him] by command, the severall persons, whose names are under written, of the Earle of Kildare's troope, who did owe unto your petitioner, for their owne diets and their horse-meat, the summe of twenty-two pounds two shillings, and eleaven pence, as by each man's particular bill under his hand may appeare, attested by Sir John Ponsonby, who was then their Lieutenant and ready to be produced. Tha t all the said persons, except one Richard Atkinson, have been since disbanded by your HISTORICAL MANUSCRIPTS COMMISSION. 27 Grace's order. That your suppliant, being a very poore man, and m^quis having a great charge of small children, not being able to subsist much of Ormonde. lesse to take a legal! course against them for the recovery of the said money, he therefore humbly craves your Grace, tenderly considering the justness of his cause, his necessitous and deplorable condition, to grant your order that he may receive his mony out of the ten months' pay of those persons who have been disbanded, and out of the ensuing pay of the said Richard Atkinson, who now remaines a member in the army. And he shall pray, etc. "Dublin Castle, 20 March, 1666 [-7]. —The Muster-Master Generall, or his Deputy, is to certify us what arreares of pay are due to every of the souldiers within named for the tenn monthes within mentioned ; and thereupon we shall signify our further pleasure concerning this matter. — Ormonde. " May it please your Grace : I find that there is due and in arreare unto John Eaton and John Peale, as private souldiers in the troope of horse under your Grace's command (formerly the Earle of Kildare's) from the 20th of October, 1661, to the 5th of May, 1662, according to the kalender accompt and present establishment, the summe of thirteen pounds, tenn shillings each, and unto William Wetton and George Lupton, from the said 20th of October, 1661, to the 27th of July, 1662, the summ of nineteen pounds, seaven shillings, out of which two pounds and sixpence being deducted for a cloak, there remaines due to him seaventeen pounds six shillings and sixpence, which I humbly certify to your Grace this 25th day of March 1667. — Richard Barry. " Dublin Castle, 9th day of May, 1667. — Upon consideration of the foregoing certificate, the Deputy Muster-Master General], or his Deputy, shall prepare a warrant or warrants for the payment of the severall arreares by the said certificate appearing to be respectively due to the persons therein named, to be paid unto them when the arreares due to other souldiers of the army for the times in which their said arreares became due, with the deductions in the said certificate mentioned, and present the same to us for our signature. — Ormonde." Commissioners for management of Inland Excise of Ireland. — Re- covery of Excise duties, for the counties of G-alway, Mayo, and Roscom- mon, from John Groome, gunner, of Galway. — 17 May 1667. John Comerford, " late of Ballybur in the county of Kilkenny." — " That petitioner is become a suitor to your Grace for 200 acres, or thereabouts, mountaine land, being part of your petitioner's former propriety, by denomination, Ballyvran, in the county of Kilkenny, afore- said, formerly allotted to one Captain Moore, who deserted the same long since and went into England, where he still remaines and the said lott still wast, and nothing paid thereout to his Majestie either rent or quitt-rent, or any other dutie. The premises tenderly considered, and for that your petitioner is extreame poore, and not able to subsist or maintaine himselfe or his poore wife and family, who are in a starving condition unlesse releived by your Grace : May it therefore please your Grace, in consideracion thereof, to give order that your petitioner may have a custodiam of the said 200 acres for his present releife. And jour petitioner, etc. " Dublin Castle, 21 May 1667. — If the lands desired by the petitioner be in his Majestie's disposall, and not formerly granted to any other, the Barons of his Majestie's Court of Exchequer are to cause a custodiam thereof to be issued to the petitioner, to continue, dureing his Majestie's pleasure, at such rent as they shall hold reasonable. — Ormonde." 28 HISTORICAL MANUSCRIPTS COMMISSION. M\rquis Captain Charles Farrell. — "That upon your petitioner's application ofOhmosde, unto his Majestie's Commissioners of the Court of Claims, they were pleased, in pursuance of his Majestie's letter of the 12 day of January 1666[-7], directed to your Grace, and by your Grace recommended to the said Commissioners, to certify unto your Grace that George Almery, Adventurer,, Lath retrenched the lands of Killishiu and part of Old Darrick, lying and being in the barony of Slevvmargy, in the Queen's County, which are undisposed of in his Majestie's hands, recommending that the same should be granted in custodiam unto your petitioner untill he be restored to his owne estate, if your Grace shall think so fitt. Jn tender consideration whereof, and forasmuch as your petitioner is reduced to a sad condition of poverty add no longer able to subsist, if not herein releived by your Grace : It may therefore please your Grace to grant your order that a custodiam shall be granted unto your petitioner of the said lands, from the time of the said retrenchment. And he, etc.'* 1 " Dublin Castle, 31 May 1667. — If the lands which the petitioner desire th in custodiam be in his Majestie's disposal^ and not formerly granted to any other, nor lands which did belong to any person or per- son's nominees, the Barron s of his Majestie's Court of Exchequer are to cause a custodiam thereof to be issued to the petitioner, to continue, during his Majestie's pleasure, at such rent as they shall hold reason- able. — Ormonde." John Gardine>\ — Replication to answer of Sir George St. George, concerning recovery of monies expended by petitioner, as clerk to the Earl of Ossory's troop ; and with reference to his discharge while on furlough. — 30 May 1667. " The petition of the well-affected brethren of the Corporacion of Shooe-makers." — " That, from the tyme your Grace's noble ancestors obtained the charter of the said Corporacion, they have through all revolutions, changes, uppon all occasions manifested theire constant fidelity and loyalty to the Crowne of England, and alwayes endeavoured not to admitt into theire confraternity e any person suspected or knowne to be of a contrary inclination or principall. That, notwithstandinge, by the undue practice and great solicitacions of som of the said Corpo- ration, countenanced and backed therein by others, one James Boy hath beene lately elected to be theire Master for the next ensueing yeare, a person whose refractory and disaffected nature and disposition is such as he is not fitt to be admitted into that imployment ; the particulars whereof your petitioners are ready to represent. Your petitioners there- fore humbly prayeth your Grace to take such course as the said Corpo- ration may fix upon some other more capable of that imployment and acceptable to all honest and faithfull subjects, especially to those of the sayd Corporation ; and withall to bee gratiously pleased to take such farther course to free the said Corporation of such other like principled persons, whose names shalbe presented to your Grace. And your peti- tioners will pray, etc. c ' Exceptions proposed to bee taken against some refractorys and [ill-] principled persons of the confraternity e of the Corporation of Shooe- makers, who ought not to beare any imployment in a kingly government. " James Boy, supposed Master for the succeedeing yeare, at his Ma- jestie's restoration to the Crowne, went through all the citty desiringe a great many of the cittizens to signe to a paper he then had for to pro- test against Bishops and theire adherents ; which beinge then heard by 1 See p. 29. HISTORICAL MANUSCRIPTS COMMISSION. 29 the then Mayor of the citty of Dublin, he gave orders that the said ff^' 0F Boy should be disbanded and that the standard, or colours, might be f Ormonde. taken from him for that the said Boy was an ancient 1 of a foote com- ' — pany of militia. ' " Richard Roe, in the time of the usurped powers, did often in the audience of the people bragg and boast that he was at the robbinge and defaceiuge of his late Majestie's bed-chamber, and other disafected per- sons, in the tyme of the Usurped Powers, in the hall of the said Corpo- ration did burne the King's armes ; but the canvas whereon the armes was drawn e being by some of the bretheren taken out of the fire, he whoe tooke the same out was imediately sent to gaole, and there con- tinued dureinge the pleasure of the said ill-affected persons/' "Dublin Castle, 14 of June 1 667. —The Lord Mayor 2 and the Recorder of the citty of Dublin are to examine the matters in this petition mencioned, and to certify us whatt shall appeare unto them therein, and there we shall give such further order as shall be fit. — Ormonde." Captain Charles Farrell. 3 — " That upon your petitioner's application unto his Majestie's Commissioners of Claimes, in performance of his Majestie's letters of the 12 of January 1666[-7], directed to your Grace and by your Grace recommended to the said Commissioners, they were pleased to certify unto your Grace that George Almery, Adventurer, hath retrenched the lands of Killisnin and Old Darrick, lying and being in the barrony of Slewmargy in the Queen's County, which are undis- posed of in his Majesty's hands, as they supposed, recommending that the same should be granted in custodiam unto your petitioner untill he be restored unto his owne estate, if your Grace shall ihink so fitt. And whereas the premisses were disposed of by custodiam unto Mr. Davills by your Grace's order, so as your petitioner could not obtain the bene- fitt of the said Commissioners' order of recommendation ; and whereas your petitioner hath found out other lands undisposed of, now remaining in his Majestie's disposal], as by the annexed certificate of the Sub-Com- missioners may appeare : It may therefore please your Grace to grant unto your petitioner by custodiam the lands in the Sub-Commissioners' annexed certificate 4 mentioned, since the retrenchment thereof, at the yearely rent of three pence per acre English measure, or otherwise as your Grace shall think fitt, until he be restored to his owne, which is the meanest retribution that he could expect for his manyfold services done to his Majestic and to his Royall father of happy memory. This granted, your petitioner will pray, etc." 1 Ensign. 2 John Desmy meres. 3 See p. 28. 4 This document contains the following particulars : — Queen's County, barony of Upper Ossory: The names of "proprietors in 1640" are as follow: Theobald Butler; Morgan Cathin ; Ed: EitzPatrick ; Jeff: Eitz- Patrick ; John FitzPatrick ; William McTeig ; Cosnagh Deoran ; Teig McShane ; Acst: Costigan ; Brian McShane; Donogh Oge Keneen. — "Persons' names who retrench " : John Short ; Margan and Fogge ; John Garret, Esquire ; Thomas Prior ; John Giles ; Abraham May ; John Humphry ; Francis Levelis ; Thomas Paul ; James Bead ; Patrick Butterfield ; Bartholomew Connor. King's County, barony of Clonlish : The following are named as " proprietors in 1640": William Carroll; John White; Bennet White; Donogh Carroll.— " Persons' names who retrench " : Major John Desbrow ; Robert Chaafe ; Peter Walker. At foot is the following certificate : " Upon search made, we do not find any of the particulars in this schedule mentioned to be the propriety of or to be claimed by any nominee ; which we certify this 8th June 1667.— John Pettie. — Tho. Taylor." 30 HISTORICAL MANUSCRIPTS COMMISSION. Mah'uib "Dublin Castle, 19 June, 1667.— If it shall appeare to the Barons of of Ormonde, his Majestie's Court of Exchequer that the lands named in the annexed — lyst under the hands of John Petty and Thomas Taylor, two of the Sub- Commissioners in the within petition mentioned, dated the 8th day of this month, are in his Majestie's disposall, and not formerly granted in custodiam to any other person, they are to cause a custodiam thereof to be issued to the petitioner, to continue, during his Majestie's pleasure, at such rent as they shall conceive to be reasonable. — Ormonde." Richard Roberts. — Recovery of the price of a horse from Lieutenant- Colonel Moses Hill.— 4 July 1667. Patrick, Baron of Dunsany. 1 — Custodiam of lands, "retrenched" by " Adventurers," in the county of Cavan, and which formed part of peti- tioner's " ancient estate." — I July 1667. John Groome, Galway. — Licence, for forty days, by Commissioners of Inland Excise, to enable petitioner to appear before them at Dublin, to settle his accounts. — .3 July 1667. Roger Chamberlaine, late saddler to the Duke of Ormonde. — Recovery of debts from members of the Duke's Life-Guard of Horse. — Undated. Connor O'Connor. — " That the cartron of Clonshaven containing 114 profitable acres, in the parish of Kilkeevan, barony of Baliintober and county of Roscomon, was alwayes in your petitioner's ancestors' posses- sion, untill four acres thereof were given out to Philip Hore, of Kilsal- laghan in the county of Dublin, as a transplantable person, and pur- chased from him by Captain Theophilus Sandford, who, under pretence of those four acres, hath claimed the whole cartron as unprofitable acres, which your petitioner is ready to prove a concealement. He therefore humbly prayeth your Grace will be pleased to give order that a custodiam may be granted unto your petitioner of the said cartron of Clonshaven, excepting the said four acres which were purchased by the said Captain Sandford. And he shall pray, etc. "Dublin Castle, 23 May 1667. — If the lands which the petitioner desireth in custodiam be in his Majestie's disposal, and not formerly granted to any other, norlands which did belong to any person or persons Nominees, 2 the Barons of his Majestie's Court of Exchequer are to cause a custodiam thereof to be issued to the petitioner to continue, dureing his Majestie's pleasure, at such rent as they shall hold reasonable. — Ormonde." Henry Newman. — " That your petitioner hath served in his Majestie's Guard of Battleaxes, under the command of the Honorable Sir Daniel Treswell, about five years, dureing which time your petitioner hath not been negligent in his duty, neither misbehaved himselfe at any time upon his duty, as is well knowne to his officers. That, a complaint being made to Sir Daniel of words that your suppliant should speak of Alder- man Teigh, Alderman Hatfeild, Alderman Hutchinson, Alderman Peter Wybrant, and Alderman Vizard ; to this your petitioner makes answer, that, having severall suites of law depending in this citty 3 of great value, these gentlemen were his great opposers, and by their meanes and procure- ment your suppliant was cast into prison, seeking and endeavouring for his right, and there begged his bread for a long time, reduced to that misery to expresse [which] he is ashamed. All which your suppliant's wrongs 1 Tatrick Plunket, ninth Baron of Dunsany. See " History of Irish Confederation and War in Ireland, 1641-1643." Dublin : 1882. 2 Persons named in the Declaration of Charles II., November, 1660, for the settle- ment of Ireland. 3 Dublin. HISTORICAL MANUSCRIPTS COMMISSION. 31 and injuries he can make appear by his proceedings, and that to his loss MSS. op of 500/. sterling, by the meanes aforesaid. Soe it is, may it please your p Ormonde. Grace, that for speaking some words, as aforesaid, and for noe other — ■ cause, your petitioner is dismist his employment, this six weeks past, and another in his place, for which he paid 20/., hoping it would be a place for his future livelyhood. Now, most Eight Honourable, if the speaking of a few words in your petitioner's passion, and by reason of his former wrongs received, and mind perplexed, be a sufficient cause your suppliant should lose his imployment the which he bought, he referreth the consideration of his sad condition to your Grace's most discreete wisedome. The premises most tenderly considered, and in this your suppliant's sad and deplorable condition, he addresseth him- selfe for releife wholy unto your Grace, humbly and earnestly praying that he may not only be restored to his employment, but that also that difference in suspense, w hereunto the said Aldermen did concerne thern- selfes against your petitioner, may be referred by your Grace to such persons, to take the hearing thereof, as your Grace shall think fitt, and that the said persons forthwith make their report of the premisses unto your Grace, to the end your suppliant may be releived, etc. And your petitioner, as duty bindeth, shall pray, etc. " Dublin Castle, 27 June 1667. — Let this petition be shewed to Sir Daniel Treswell, who is to certify us what he knoweth of the matter therein mentioned, and the reasons why the petitioner is put out of the Guard of Battleaxes, — Ormonde." Robert Case. — Payment of ten months' arrear due to petitioner as one of Colonel Daniel Redman's troop. — f3 July 1667. John Gill, — Complaining that Captain Wiiliam Draper, after having promised petitioner a Lieutenancy in the Armagh Militia, made him a private; and requesting to be employed under some one else. — 8 June si 667. Geoffry Browne, a " Nominee." — Possession of lands retrenched by Henrv Whaley, Thomas Smith, Colonel Sadler, and Samuel Foxan. — 9 July 1667. Francis Simpson, inn-keeper, Dublin. — Recovery of amount due by Lieutenant William Supple, of Colonel John Jephson's company. — 27 June 1667. Philip Harryes. — Similar petition. — 27 June 1667. John Nixon, executor of Bartholomew Lane, Captain in Major Dennis's company at Wexford. — Recovery of arrears. — 16 July 1667. " The petition of the Carpenter, Wheeler, and Blacksmith of his Majestie's Traine." — "That your petitioners were directed by the Lieutenant of his Majestie's Ordnance to make a marching barricade, to carry six small gunns, which your petitioners did peiforme according to such instructions as they received from the said Lieutenant of the Ord- nance, who also gave your petitioners hopes that so soone as the said ingine was finished they should receive payment for their materialls and worke, which hitherto they cannot obtaine. May it therefore please your Grace to order payment according to the annexed accompt, 1 which hath been perused by the said Lieutenant of the Ordnance, and which your petitioners are ready to declare uppon oath to be the usuall rates of the materials and the artificers' labour. And your petitioners shall ever pray, etc. 1 Not in the MS. 32 HISTORICAL MANUSCRIPTS COMMISSION. mSqSis " D,ll)lm Castle, the 10th of July, 1667.— We pray Sir Robert Byron, of Ormonde. Knight, Master of his Majestie's Ordnance, to consider of the petitioner's demands, and to certify us whether he shall finde them to be reasonable, or, if they appeare to be so, to pay the petitioners out of the two hun- dred pounds lately ordered (o be payd unto him by way of imprest. — Ormonde." Dr. Anthony French. — "That your petitioner most faithfully and most constantly served as Judge-Advocate to his Majestie's troopes in Flanders, from their first leavying at Bruges untill their being reduced in Dunkirk, notwithstanding infinite toyle, trouble, and hardship that continually attended that imployment. That his Majesty was graciously pleased to provide for the most part of the reformed officers of them troopes in severall garrisons of England, your [petitioner] only excepted, being then beyond seas to take his degree in the University, by his Majestie's speciall letter of recommendations. Soe that he is, and still remaines, destitute of all manner of imployment and meanes of subsis- tence, if not relieved by your Grace. And whereas your petitioner discovered some retrenchments made by the Court of Ciaymes in the county of Kilkenny, specified in the annexed schedule, and at present in his Majestie's custody and disposall, your petitioner most humbly prayeth that, in consideration of the premises, and for your petitioner's present support, your Grace may be graciously pleased to grant unto the . peti- tioner a custodiam of the said discovered lands, that your petitioner may not be a perishing person of them troopes, for whom his Majestie and your Grace alwayes declared more than ordinarie affection. And your petitioner, as in duty bound, shall ever pray for your eternal felicity, etc. "Dublin Castle, 18 July 1667. — If the lands which the petitioner desireth in custodiam be in his Majestie's disposall, and not formerly granted to any other, nor lands which did belong to any person or persons that are Nominees by Act of Parliament, the Barons of his Majestie's Court of Exchequer are to cause a custodiam thereof to be issued to the petitioner, to continue dureing his Majestie's pleasure, at such rent as they shall hold reasonable. — Ormonde. County Kilkenny, barrony of Gowran. a. r. p. Jo[h]n Cantwell. Closkreggy - - - - 388 Hen. Archer. Out of Killmogar - - - 236 Fassaghdining Barrony. Rob[er]t Shortall. Out of Ballifruke - - - 79 Rob[erJt Shea. Out of Drillingstowne - - 119 2 26 Thofmas] Shortall. Out of Admanstowne - 133 27 Peter Rooth. Out of Peeter Rooth's moyetv of Rathelly - - - * - 196 Leonard Shortall. Out of Monybroughteile, alias Mony- branthteile - - - 118 1 18 Tho[mas] Shortall. Out of Balleyne - - - 150 2 The same. Out of Killeshulane - - - 226 2 6 Iverk Barrony. Foulk Denn. Out of Ballimacle - - 82 2 1 Rob[er]t Walsh. Out of Cloneassy - - - 261 2 26 The same. Out of Rochelstowne - - 200 Out of the South part of Corloddy - 49 Peirce Walsh. Out of Ownv - - - 192 2432 1 24 HISTORICAL MANUSCRIPTS COMMISSION. 33 John Alidrewes.— * That your petitioner, being a souldier belonging to Captain Brou^hton's foot company in the Royall regiment under your 0F Ormonde. Grace's command, about a year last past and upwards being commanded out amongst others towards Kilkenny ; and that, upon his march, come- ing into his quarters, being falne sick suddenly and very faint and disconsolate, did desire his landlord that he would cause a chicken or pullett to be made ready for him for his refreshment, and that your petitioner would give any reasonable satisfaction for the same to be done accordingly. Whereupon, your petitioner walked forth into the back side of the said house, where he found great store of poultry of all sorts, soe that he imediately destroyed one of them for his refreshment, as aforesaid. That, suddenly, before he could return back, there came a stranger unknowne to your petitioner, and fell violently upon him with opprobrious words, and struck at him and abused your petitioner in a high degree ; soe that your petitioner, being a souldier, could not abrook the same, but was suddenly forced in his owne defence to draw his weapon to defend himselfe. Whereupon his adversary run violently upon the point of your petitioner's weapon and wounded himselfe to death ; soe that your petitioner thereupon was apprehended and tryed for his life, and soe convicted before Judge Fovey ; who, taking into consider- ation the condition of the thing, and understanding that the party soe slaine was long before excommunicated and outlawed, the said Judge was gratiously pleased to give your petitioner a reprieve for his life. Ever since, a yeare past and upwards, your petitioner hath laine in prison, in the county gaole neere Maryborough, in a sad, miserable, and deplorable condition, being there like to perish unless your Grace's favor be unto him extended for enlargement. May it therefore please your Grace to take the premisses into your noble, pious, and serious con- sideration, and to grant him an order for his enlargement out of prison, being ready to starve, and that he may be banished out of this kingdome in such manner and forme as your Grace shall think fitt. "Dublin Castle, 3 July, 1667— The Judge before whom the peti- tioner was tryed is to certify us how the matter for which he stands convicted did appeare upon his tryaH, and whether he conceive the petitioner to be an object of his Majestie's mercy.— Ormonde. 44 May it please your Grace : At Lent assizes held for the Queene's County the 28th of March, 1666, the petitioner was arraigned before me there for the murther of Edmund M c Rory at the Graige, in that county, and pleading not guilty, afterwards upon his tryall it appearing that he did kill the man, and that he being provoaked thereunto in some measure by some words and upon some passages then hapning betweene them, noe premeditated malice appearing, he was found guilty of manslaughter only, and afterwards praying his clergy, and the Ordinary returning that he could not read, sentence of death was pronounced against him, but your Grace's order of repreive comeing, execution was stayed. All which, in obedience unto your Grace's within order, I doe in most humble manner certify and submitt unto your Grace's grave judgement, this 3rd day of July, anno Domini, 1667— J. Povey." " Dublin Castle, 4 July, 1667. — Eindeing by the foregoeing certificate of Mr. Baron Povey, before whom the petitioner received his tryall, made in pursuance of our order of reference dated the third day of this month, that the petitioner was convicted of manslaughter without the appearance of any premeditated malice, and that not being able to read, sentence of death was pronounced against him, we are pleased and doe hereby order that if any merchant, or other person with good suretye, shall give bond to the Clerk of the Council, to his Majestie's use, of the U 84068. C 34 HISTORICAL MANUSCRIPTS COMMISSION. Marquis P en alty of one hundred pounds sterling, with condition that the peti- ojb Ormokde, tioner, within six weekes after his inlargement out of the prison wherein he now rernaines, shall ship himselfe for the West Indies, and be trans- ported thither, and not returne into this kingdorae without the lycence of the Cheife Governor or Governors of this said kingdome for the time being, upon certificate of the said Clerk of the Councel of the giving of such bond, the Sherriff or gaoler in whose custody the petitioner doth remaine shall set him at liberty. — Ormonde." John Tu thill, 1 Giles Curwin, and others. — " May it please your Grace : In obedience to your Grace's pleasure, dated the 8th of August, 1666, in a clifferrence between John Tuthill, Giles Curwin, Darby Byrne, John Spotten, and Richard Donnell, petitioners, and William Dodson, defen- dant, after divers sommons to each party, at last, both partyes and defendants did appeare before me, and then the said William Dodson did declare that the money now claymed by the petitioners for their wages, for worke done at his Majestie's Parke wall, was in the hands of Mr. James Halisey, who being then and there present did also declare that such moneys as he had from time to time received from Mr. Dodson he at the same time received order from him to disburse the same to such workemen as were in immediate labour in the said worke, and not to looke back uppon any arreare of worke formerly performed. And the said Halisey alleageth the said orders from Dodson to be the true reason why the said John Tuthill and the rest of the petitioners were not satisfyed their due. But noe orders or direction did appeare in writeing on either side, nor any proofe other than their owne verbal allegations, each against the other, which could not admit of any agreement or com- posure of the diiferrence between them for the reasons aforesaid. All which is certifyed and submitted most humbly to your Grace by your Grace's most obedient servant, — Dungannon. " Dublin Castle, 22 July, 1667. — Uppon consideration of the petition of John Tuthill, John Spotten, Giles Curwin, Darby Birne, and Richard Donnell, of the answer of Mr. William Dodson thereunto, both heereunto annexed, 2 and of the within certifycate of our very good Lord, the Lord Viscount Dungannon, concerning the matter in the said petition and answere mentioned, we thinke fit, and doe heereby order, that the said Mr. Dodson, out of such moneys as remaine in his hands uppon account, or, if noe such moneys remaine, then out of such other moneys as he shall receive towards the charges of the wall of his Majestie's parke, 3 neere his Majestie's house ' the Phoenix/ shall pay the petitioners' the summe of twenty pounds, nine shillings and foure pence, by the annexed certifycate of Mr. James Halisey appeareing to be due unto them. — Ormonde." Robert Meller. — Recovery of money due by Henry French, of the horse-guard. — 1 August 1667. John Inglis, " servant to his Grace." — Recovery of amount due by Ensign John Stoughton for clothes. — 24 August 1667. Mrs. King, widow of Doctor Ralph King. — Custodiam of " retrenched " lands in the county of Kilkenny, in exchange for one in Westmeath. — 26 August 1667. William Tuit, Esq. — Order on petition for custodiam of lands in King's County and Westmeath, including those in the latter county surrendered by the widow of Dr. King. — 26 August 1667. 1 See pp. 7, 9. 2 Not in the MS. 3 Dublin. HISTORICAL MANUSCRIPTS COMMISSION. 35 Phillip Collice, of Colonel Cecil's company, at Londonderry. — Dis- mss. of •charge.— Kilkenny Castle, 21 August 1667. oJoSSSil*. Winifred Brahan. — Reprieve, to enable her husband, under sentence of death for manslaughter, to prove an alibi. — 28 August 1667. Thomas Butler, and others. — Leave to proceed against Cornet Lewis Jones and William Potter for extortion, unjust appraisement, seizure of corn, cattle, etc. — 28 August 1667. Nicholas Commerford, ." a poore prisoner." — " That your poore peti- tioner, two yeares and a halfe agoe, for some knavery committed (he beeing then but twelve yeares of age) was committed to gaole, tryed and convicted, but, beeing not of any discretion, his execution till now remaines respited ; but in his long imprisonment hath indured so much hunger, thirst, and disease, that he cannot long live if not by your Grace prevented. It may, therefore, please your Grace, since severall doe offer to take him into service, to commiserate his condition and grant him a pardon in forma pauperis, he haveing nothing wherewith to sue it out. And he will ever pray, etc." " Kilkenny Castle, 28 August 1667. — The Judges or Judge of Assize, before whom the petitioner received his tryall, are to certify us how the matter for which hee stands convicted did appeare upon his tryal, together with the opinion of such Judges or Judge whether hee be an object of his Majestie's mercy. — Ormonde. «* May it please your Grace : In obedience to your Grace's order of reference, I doe heereby humbly certify that at the Assizes held in March, 1665, before John Pcvey, Esquire, one of the Barons of his Majestie's Court of Exchequer in Ireland, I beeing then Mayor and in Commission with him, at which time the petitioner, Nicholas Commer- ford, was convicted of burglary, and sentence of death pronounced against him, which was respited from Assize to Assize ever since by the Judges, they seeing him of minor age. I doe humbly certify that he was prompted thereunto by others, beeing a very simple and innocent boy, and doe thinke him to be an object of his Majestie's mercy, hopeing thereby that he may become a better man. All which is humbly certifyed by your Grace's most humble and obedient servant. — Peter Goodwin. " Kilkenny, the 4 of September, 1667. — If any merchant, or other person with sufficient security, shall give bond to the Gierke of the Councel, of the penalty of one hundred pounds sterling, to his Majestie's use, with condition that the petitioner, within six weekes after he shall be inlarged out of the prison wherein he doth now remaine, shall ship himself for the Bardadoes, and before hee come on shoare againe shall bee landed there, and not returne into this kingdome without lycence of the Chief Governour or Governours heereof for the time beeing in writing, to be first had and obtained, we are pleased and doe order that, uppon certifycate of the said Clerke of the Councell of the giveing such bond, the Sheriff or gaoler in whose custody the petitioner doth remaine shall sett him at liberty, for doeing whereof this shall be a sufficient warrant. — Ormonde." Michael Smith, 1 "Keeper of Sherwood Parke."— " That William Powell, one of the Corporals in the Right Honorable the Earle of Ossory's troop, about foure yeares since beeing in want of a horse for his use in the said troop, and having not money to furnish himselfe, your petitioner at his earnest request bought an able horse for him, which 1 See p. 6G. c 2 36 HISTORICAL MANUSCRIPTS COMMISSION. MSS. op cost six pounds ten shillings, whereof the said Powell paid fifty shillings,. ^Ormonde. so tli ero yet remaines due to the petitioner foure pounds, for payment. — ' whereof the said Powell sent a letter from Dublin to the Gierke of the said troop. But the petitioner haveing not suddenly occasion of comeing to Kilkenny to looke after the said debt, the said Powell is since dead, and haveing a considerable summe of money due to him in the said troop your petitioner humbly prayes your Grace's order to Sir George St. George, who commands the said troop, to pay the said summe of foure pounds to your petitioner out of the pay due to the said Powell, there being noe other way for youre petitioner's satisfaction. And your petitioner shall pray, etc. "Kilkenny, the 4th of September, 1667. — Sir George St. George, Lieutenant of the troop within mentioned, is to examine what was justly- due to the petitioner by William Powell within named, and, for what shall appeare to be due, to stopp the same out of the pay of the said Powell, if it shall amount to so much, and pay it to the petitioner for his satisfaction. — Ormonde." Thomas Puller, soldier in Captain Cecil's company, Londonderry. — Discharge, on account of ill health. — -4 September, 1667. Lawrence Daly, John Dayly, and Connor Coony. — a That the peti- tioners have long since been, by your gracious favour and mercy unto them, received into protection. That the petitioners since that time have to the uttermost of their power been industrious to bring to con- digne punishment ail such fellons as were knowne to the petitioners, the benefitt thereof hath been plentifully great to the severall countyes of Meath,Westmeath, and Longford. That, in regard your petitioners have so violently prosecuted the said fellons, your petitioners have been since prosecuted by the wife of one of the said fellons, who, by your petitioners* evidence and other good proofs, was condemned to dye, and, at length, by the testimony of the said woman, your petitioners were found guilty of the fellonious takeing away of fifteen shillings in money, and two shillings in beere, and now lye condemned at Trym. May it therefore please your Grace, in tender commiseration of your petitioners, to grant your petitioners a reprive till the Honorable the Judge of Assizes at Trym doe certify the true state of your petitioners' case. And they shall pray. "Kilkenny Castle, 7 September 1667. — We are pleased that the exe- cution of the prisoners be respited untill the second day of the next assizes for the county of Meath, whereof the Sheriff of the said county and all others whom it may any way concerne are to take notice. And, in the meane time, the Judges before whom the petitioners received their tryal, or one of them, are to certify us how the matters for which they stand convicted did appeare uppon their trials respectively. — Ormonde." Richard Whitehand, shoemaker. — Recovery of debts from Captain Richard Smith, and others, belonging to Sir Francis Foulke's company at Clonmel. — 4 September 1667. Sir William Tichborne, Knight. — " That his Majestie was graciously pleased, byhis letters patents under his great seale of England dated at West- minster the 31st day of July in the 12th yeare of his reigne [A.D. 1660], to grant unto Sir Henry Tichborne, Knight, lately deceased (father to your petitioner) the office or place and charge of Marshal of the Army in his Majestie's realme of Ireland, to have, hold, and injoy the said office during the said Sir Henry's life, and that he should have for his ordinary retinue one trumpeter and thirty horsemen lightly armed, receiveing and takeing yearely, for the exercise of the said office or place, the wages and HISTORICAL MANUSCRIPTS COMMISSION. 37 «fees following, viz., for himselfe 6s. 8d. per diem, 12c?. per diem for the MSS.of said trumpeter, and 12c?. per diem for each of the said thirty horsemen, f^kmonde, making, in all, per annum £687 8s. 4d. Which several allowances have — • 'been paid unto the petitioner's said father, from the date of his patent, by the hands of his Majestie's Vice-Treasurer of this kingdome, unto the last day of March 1667. Now, so it is, that your petitioner, beeing executor unto his said father, made applycation to the Muster Master Generall for a warrant of full pay for what intertainment was due to his said father as Marshal of the Army, according to the allowances men- tioned in his patent, from the last of March last to the day of his death, 1 being the last day of July 1667, which the Muster-Master Geueral refuseth to doe, without your Grace's order, by reason the allowances in the Establishment of the military list are not exprest in the same manner as is mentioned in the said patent as followeth : Sir Henry Tichborne, Knight, Marshall of Ireland, for his intertainment at 3s. Ad. per diem, a trumpeter at [blank) per diem, and a retinnew of thirty horsemen at 19c?. the peece per diem, makeing per annum £489 6s. 7d. And amoung the temporary payments in the said military list is mentioned Sir Henry Tichborne, Knight, Marshall of Ireland, £198 1 9, both which summes of £489 6 7 and £198 1 9 doe amount on the whole to the said summe of £687 8 4, beeing the total per annum of the said summes granted by the said letters patents to be paid per diem, which said last mentioned summe of £198 1 9 the Muster- Master General saith he can draw noe warrant for, in regard the same is by the Establishment ^granted per annum, and the said Sir Henry dying before the expiration of the half'e. Now, for as much as the expression of the said summe in that manner in the Establishment gives the same summe to be paid to the said Sir Henry per annum as by the said letters patents is given to be payd him per diem, which makes noe alteration in the total : May it therefore please your Grace to grant your order to the Muster-Master General to prepare a warrant for the payment of what intertainment is due to the said Sir Henry unto the petitioner, from the time of the last .payment unto the day of his death, according to both allowances of the Establishment, it appearing cleerely that the said £198 1 9 mentioned in the temporary payment was added to make up the other summe in the Establishment equal to the entertainment granted by his Majestic And your petitioner shall pray, etc." "Kilkenny Castle, the 11 of September 1667. — Uppon consideration of this petition, we are pleased and doe order that the petitioner, as executor to his late father, Sir Henry Tichborne, Knight, deceased, shall receive all such intertainments as was due to his said father as Marshall of this kingdome, from his last payment, ending in March last, to the time of his death ; and we require the Muster-Master Generall, or his Deputy, to prepare a warrant for payment thereof to the petitioner accordingly, and present the same to us for our signature. — Ormonde." Charles Harah, of Lord Kingston's troop. — Removal of check on pay. — 10 September 1667. Robert and Pierce Shortall, " cripples." — Payment of arrears of pen- sion by James Bryan, High Sheriff of the county of Kilkenny, to whom assignment for same had been made. — 13 September 1667. 1 He died at Beaulj, his house near Drogheda, and was buried in St. Mary's Church in that town. Tichborne was a Lord Justice for Ireland in 1643. Notices of him will be found m " Contemporary History of Affairs in Ireland, 1641-52," Dublin: 1879-81 ; and in " History of the Irish Confederation and War in Ireland, 1641-43," Dublin: 1882. 38 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of John Nichollson. — Permission to serve in his Grace's guard of horse y op OiS?oin>E. till something else should offer. — 13 September 1667. Alexander Bence. — Replication to answer of Sir Thomas Harman, Knight, touching illegal imprisonment of petitioner. — 16 September 1667. Thomas Cooke, merchant, Dublin. — Speedy hearing of case relative to vessel called the M Sacrifice of Abraham," sold to petitioner and delivered to Mr. Desmeniere at Galway. — 16 September 1667. Mary Carroll. — Discharge of her husband, Thomas Gillasby, from Colonel Cecil's company at Londonderry. — 17 September 1667. Nicholas Woogan. — Admission to Lord Brabazon's troop. — 17 September 1667. Sir William Tichborne. 1 — Arrears due to petitioner's father as Captain of horse.— 19 September 1667. Rebecca Maynwaring, " widow and relict of Dudley Maynwaring, 2 late Constable of his Majestie's Castle of Dublin." — " That your peti- tioner's husband had at the time of his death due unto him halfe a yeare's sallary as Constable of his Majestie's Castle of Dublin, which remaineth yet unpaid. May it therefore please your Grace to grant an order to the Muster-Master General to draw an order for her satisfaction. And she shall pray, etc. " Kilkenny Castle, 24 September 1667. — The Muster-Master General, or his Deputy, is to prepare a warrant for paying to the petitioner such intertainment as he shall finde due to her late husband at the time of his death, in such manner as was usual, and present the same unto us for our signature. — Ormonde." Lawrence Esmond, Esq.— "' That your suppliant stands charged, in the present applottment of a penny per acre, as a restored innocent person, as well for that part of his estate which is yet possesst by the Duke of Albemarle, 3 and recovered by Captain Hallsy, being a Protestant, as for the lands recovered by your suppliant by a long and chargeable sute at law ; he beeing not restored to any part of his estate by the Court of Claimes, and therefore, as he humbly conceives, not lyable thereunto, and, if he were, he stands over- charged, according to the proportion of 38,000 acres, having in his possession but 1,000 acres. And whereas the Earle of Ossory's troop is assigned on him, for part thereof, in the county of Catherlogh ; Sir Nicholas Armorer, for part, in the county of Wexford ; Colonel Hammond, in the county of Wicklow ; and Colonel Dillon, in the county of Tipperary : May it therefore please your Grace to order the said assignments to be recalled and your suppliant exonerated of the said charge. And he will pray, etc. " Kilkenny Castle, the 23d of October 1667. — Upon consideration of the above petition, we are pleased and doe heereby order that John Bence and Alexander Bence, Esquires, or their Deputy or Deputyes, to whom our warrant concerning the 3d. per acre was directed, shall suspend the execution thereof as to the petitioner's estate until we shall give further order therein. — Ormonde." 1 See p. 77. 2 He was appointed to the office in 1644, and was succeeded by Sir John Stephens, in 1660. 3 George Monk. HISTORICAL MANUSCRIPTS COMMISSION. 39 Edward, 1 Lord Viscount Galmoy. — " That your petitioner stands mss. got charged with £50 9 2 for his proportion of the present applottment ^qJ2ond of 3c?. per acre, as for 12,110 acres in the county of Kilkenny, whereout — he injoyes noe more than 6,090 acres, which comes to about <£2o, according to a penny per acre, the rest of the lands decreed unto him beeing injoyed by his uncle and others. May it therefore please your Grace to order that the overplus of the said charge be levyed off the present possessor of the said lands, whereby your petitioner may not be charged for more than he really injoyes. — And he, etc. " Kilkenny Castle, 24 October 1667. — Upon consideration of this petition, we are pleased that the summe due from the petitioner, accord- ing to the number of acres by him owned to be in his possession, be accepted, and the remainder of the mony charged upon him suspended untill upon examination it shall appeare what hee ought to pay. And we require John Bence and Alexander Bence, Esquires, or their Deputy or Deputyes, to take notice heereof and to suspend so much as the petitioner alleages to be over-charged accordingly, till further order. — Ormonde." Henry Stotesbury, Lieutenant, of Kilkenny. — Praying that the Vice- President of Conn aught may be ordered to hear case concerning collection of money by petitioner and William Brook for building a bridge in Gal way ; and that the order for petitioner's arrest, in connexion with that matter, may be rescinded. — 24 October 1667. Margaret Butler, widow. — " That there are some of the Earle of Ossorye's troop now assigned on your petitioner, for £23 : 6 : 1 1 towards the payment of £5000 to Colonel Miloe Power, and such other uses as your Grace and the Councell shall then thinke fit, by virtue of a pro- visoe in the Act of Settlement, page 114; and that your petitioner's jointure, beeing but 2129 acres, is charged within lesse than three pounds of the full three pence per acre, which falls very heavy upon your poore petitioner, haveing not above five hundred acres of the said joynture inhabited, the rest lying wast, beeing barren mountaine lands, not worth six pence an acre yearely. May it therefore please your Grace to mitigate the said heavy charge imposed upon your petitioner and install the payment, beeing reduced to so lowe a condition, by reason of several other incumbrances upon her and the unprofitablenesse of her joynture, that she is utterly disabled to pay it, and several other Innocents 2 not now charged with above a penny per acre, whose lands are much more advantageous than your petitioner's. And she will pray, etc. " Kilkenny Castle, 25 October, 1667. — John Bence and Alexander Bence, Esquires, are heereby required to respit the levying of any summe upon the within petitioner's estate until it shall appeare what she ought of right to pay, and all officers and souldiers, who are assigned upon the said estate, are required upon sight heereof to withdraw off the said petitioner's estate without giving her any disturbance or moles- tation. — Ormonde." Tirlogh Byrne. — " That Mr. Ramsey and Harry Brereton imployed your petitioner upon service against Toryes 3 and theeves, either of them 1 Edward Butler. See " Contemporary History of Affairs in Ireland, 1641-52." Dublin: 1879-81, vol. iii., p. 419. 2 This term was applied to persons who obtained decrees of " Innocence " under the Court of Claims. 3 See Ninth Report of this Commission, Part, ii., 1884, pp. 129, 149. 40 HISTORICAL MANUSCRIPTS COMMISSION. Mar' ° F promiseing him a Corporal of horse his meanes during their commission. op Ormonde. And, now so it is, may it please your Grace, that your petitioner pro- vided himseife a good horse and amies and faithfully served in the capacity aforesaid. Neverthelesse, there remaines six moneths pay due to your petitioner, the said Mr. Ramsey and Mr. Brereton haveing received money to make satisfaction to your petitioner and the rest that served with him. In tender consideration whereof, that it may please your Grace to require the said Christopher Ramsey and Harry Brereton to make your petitioner undelayed satisfaction, otherwise forthwith to appeare before your Grace and shew cause to the contrary. And your petitioner, etc. " Kilkenny Castle, 30 October, 1667. — Christopher Ramsey and Henry Brusrton (sic) above named are required forthwith to shew us cause in writing why the petitioner was not paid the allowance by them promised unto him for the service in this petition mentioned. — Ormonde." Patrick Colclough. — Recall of assignment on foot of three pence per acre, which was to be levied off petitioner's estate. — 30 October 1667. Christopher Power, merchant, Henry Burgerys, Giles Burgerys, and Thomas Waldron, of Loughrea, in the county of Gal way. — Recovery of amount due for goods by soldiers of the troop of the Earl of Drogheda — 12 November 1667. " The Portreive, Burgesses, and inhabitants of the Corporation of Wicklow." — " That, since his Majestie's happy restauration to his kingdomes, there hath been made by the inhabitants of the said Corpor- ation many considerable improvements and severall manufactures in a good measure begun, whereby the poore of the towne and country receive a good benefit, besides the advantage which may in time accrew to the kingdome; and have likewise with all alacrity shewed their obedience to the government. But so it is, may it please your Grace, that the in- habitants of the said Corporation are very much impoverished by reason of the many debts owing to them by the souldiers of Captain Mayn- waring Hammond's company, who are in garrison in his Majestie's Castle of Wicklow, the said Captaine detaining a great part of the pay of his said company ever since he came to garrison there, being about three yeares, and inlists severall into his Company who receive no pay but protection against their debts, rescuing several goods that have been legally attached in the said Corporation, and quartering by his owne authority his souldiers without takeing notice of the magistrate or civill officer, and being friendly desired to prevent the outrages and violences committed by several debauched persons of the Company who not onely by day but especially by night leave their guards to abuse the inhabitants of the said place ; the which he refused to do, but rather incourages them therein. " Now, in regard your petitioners have been very unwilling to make this theire addresse to your Grace, but have for a long time rather en- deavoured by all friendly meanes with the said Captaine Hammond for satisfying the said debts and preventing the said disorders, and all proveing ineffectual ; they therefore in all humility beseech your Grace out of your wonted clemency to take their distressed condition into your serious consideration, and that your Grace would be pleased to order the said Captaine Hammond to make his defence to the contents of this petition, the which, with other misdemeanours, are more particularly comprized in the annexed articles, which the petitioners herewith humbly offer to your Grace, and are ready to make good against him ; to which end they humbly pray that summons may be granted them for the bring- ing in their several witnesses, as well those of his o wne Company as HISTORICAL MANUSCRIPTS COMMISSION. 41 others, and that a day certaine (as to your Grace be appointed to make out the allegations of these they as in duty bound will pray, etc. Henry Bos well. Rich[ar]d Smith. Tho[mas] Pratt. Edw[ar]d Goodwin. Westood Grely. John Lindly. John Holbert. Ja[mes] Owles. W[illia]m Mawman. Abrah[am] Gealle. John Davis. Stephen North. W[illia]m Hay ward. J. Boys. Jo. Banks. W[illia]rn White. Nich[olas] Hinchelsea. John Vice. Tho[mas] Henshaw. Will[iam] Surr. Trist Flowar. Kich[ard] Peppard. W[illia]m Warren. John Chapman. shall seem meet) may their grievances. And Anth[ony] Sampson. Nieh[olas] White. John Mawman. Nich[oIas] Addison. John Keyes. Tho[mas] Wayt. John Sicklemore. John King. Ja[mes] Stanley. Chri. Mawman. Roger Sethby. Richard Lock. MSS. of Marquis of Ormonde* " Dublin Castle, 18 November 1667. — We require Colonel Manwaring Hammond, within fourteen dayes after sight or notice hereof, to make answer in writeing to this petition and the articles thereunto annexed. — Ormonde. " Articles exhibited against Captain Manwaring Hammond, now in garrison in his Majestie's Castle of Wicklow : " 1. — That the said Captain Hammond, haveing constantly received pay for his Company, with the rest of his Majestie's standing army in Ireland, doth notwithstanding detaine a great part of the same from many of his said Company, and some haveing not received any pay for some yeares past, to the ruine of some of his Majestie's poore souldiers and to the great damage of the inhabitants both of the towne and country to whome they are become much indebted. " 2. — That the said Captaine doth force several of those under his command to compound for and take under-rates, commonly called halfe- pay, being lesse than his Majestie's allowance. " 3. — That the said Captain hath by his owne authority turned out some of his said Company that have refused to compound for lesse than the King's pay, and refuseth to pay them what is due to them. 4l 4. — That it is the constant contrivance and practice of the said Captaine to make false musters, by bringing men to appeare to answer to other men's names. " 5. — That the said Captaine hath by his owne authority turned out some of his Company because they would not answer at the muster by a wrong name and refuseth to pay what is due to them. u 6. — That the said Captaine doth by his owne authority turne out severall out of his said Company and inlists persons who have their residence far from the said garrison, who appeare only at muster dayes. " 7. — That the said Captaine doth, to the very great dishonour of his Majestie and the great damage iDoth of the towne and country, inlist such persons into his said Company who receive little or no pay or other compensation save protection against their debts. H 8. — That the duty of the said Captain's Company is performed by four or five files onely, and his Majestie's Castle and garrison secured every night onely with a file of men. " 9. — That the said Captain refuseth to take due course with several under his command, who come off from their guards in the night season, and commit many violences upon the inhabitants of the said Corporacion and their goods, although he hath been acquainted there- with and satisfaction desired in a friendly way. V 42 HISTORICAL MANUSCRIPTS COMMISSION. " 10 - — Tliat the said Captai 11 dotn infringe the priviledges of the of Ormonde, said Corporation by rescuing several goods which have been legally attached there, and in quartering by his owne authority his souldiers, refusing to owne the magistrate, or any civil officer of the said Cor- poration in the doing thereof." Edward, Viscount Conway, and Sir Thomas Worshipp, Knight. — Leave to proceed against Sir Moses Hill, for recovery of money due by his father, Arthur Hill, deceased. — 20 November 1667. Cornets Michael Stanley and Rowland Thomas. — Discharge from quit-rents accruing out of lands in Tipperary. — 19 November 1667. Charles Collis, Captain. — Composition for ten months arrears of pay as Lieutenant in Captain Garrett Moore's Company. — 19 November 1667. John Masters, Thomas Hinshaw, John Stockdell, Oliver Mann, John Stockes, R. Marchman, John Bishop, and Thomas Rogers, lately of Captain Manwaring Hammond's foot company quartered in Wicklow Castle. — Recovery of arrears of pay, and compensation for having been discharged without cause. — 18 November 1667. Margaret Richardson, widow of Gilbert Richardson. — Praying that the warrant for payment of arrears due to the late Samuel Atkinson, of Colonel Vere Cromwell's troop, and by him assigned to petitioner, may be satisfied. — 20 November 1667. Charles Maylie and Edward Brochey. — " That your petitioners have this tearm been found guilty for takeing Colonel Little's money, but as yet have not received their sentence. That your petitioners by bad company have been drawne into vices which with hearty sorrowfulness they now repent of. That there is a ship now in this harbour ready to set sayle for the West Indies. They therefore beseech your Grace's mercy that they may be transported in the said vessel for the said place, where they hope to amend their lives, and for the future to serve God, their King and country better. And they shall pray, etc." " Dublin Castle, 25 May 1666. — The Justices before whom the pe- titioners were tryed are to certify us how the matter for which they stand convicted did appeare upon theire tryal, with their opinion whether they conceive the petitioners to be objects of his Majestie's mercy, and to the end the petitioners may have time to sollicite the report of the said Judges therein, their execution is to be respited until the first day of the next terrae ; whereof all his Majestie's officers and ministers whom it may concerne are to take due notice. — Ormonde. " May the 30th 1666. — May it please your Grace. — The petitioners were indicted for the burglarious breaking and entring the dwelling house of Francis Little, and stealing thereout seven silver spoones, and other goods of a great value ; upon their tryals they were found guilty and judgment of death was given against them. Notwithstanding, they being very young, we conceive that they are fit objects of his Majestie's mercy ; which is humbly submitted to your Grace's consideration. — Santky. — Wil. Aston. — Tho. Stockton. " Dublin Castle, 23 June, 1666. — Upon consideration of the foregoeing certificate of our very good Lord, the Lord Baron of Santry, Lord Cheife Justice, and the rest of the Justices of his Majestie's Court of Chiefe Place, made in pursuance of our within order of reference dated the 25 day of May last, we are pleased to extend his Majestie's mercy to the petitioners, Charles Maley and Edward Brochey, for the fact in the said certificate mentioned, and we require his Majestie's Atturney and Solicitor General, or either of them, to draw up a fiant in due forme HISTORICAL MANUSCRIPTS COMMISSION. 43 of law conteyning a grant of his Majestie's gracious pardon unto the ma^'uis said Charles Maley and Edward Brochey for the fact in the said or Ormonde. certificate mentioned, inserting therein all such clauses and provisoes as *~~ " in grants of like nature are usual, and the same fairly ingrossed in parchment under their or either of their hands, to send unto us to be further passed as appertaineth, and for so doeing this shall be a sufficient warrant. — Ormonde." Margaret Bambridge, widow. — Recovery of arrears due to petitioner's husband as Sergeant in Captain Richard Lowther's company. — 16 November 1667. Sir Anthony Morgan. — Recovery of amount due by Sir Authur Chichester, — 14 November 1667. John Spencer, Colonel. — In relation to bill of Exchange drawn by Commissioners of Excise on John Groome, of Galway, and passed to petitioner in discharge of his arrears of pay. — 25 November 1667. Lawrence Moore, merchant, Loughrea, co. Galway. — Recovery of amount due by members of the Earl of Drogheda's troop for goods supplied by petitioner and Sarah Hasloe. — 25 November 1667. Henry Bridgman, Major. — Compensation for ten months' arrears of pay as Quarter-Master to Lord Aungier's troop. — 28 November 1667. Lucina Homes. — " That your petitioner's husband the last summer was brought before your Grace to answer some words alleaged against him, upon which hee was by your Grace referred to the next Judges of Assize to be held for the county of Wicklow, where hee was con- victed] and fined in one hundred pounds, and being unable to pay it hath since continued in gaole. And so it is that your petitioner's meanes is wasted by her husband's expence in prison and for want of his care at home, soe that she knoweth not how to mainteine herself and children, haveing not sufficient of her owne and liveing in a strange country, at a very great distance from her friends, so that she and her children, who are left to the benevolence of strangers, susteine sorrow and want more than widow and orphans, while she is ministring to her distressed husband who lyeth in gaole at your Grace's dispose : May it therefore please your Grace to consider the sad condition of your petitioner, and to restore her husband, which only will make up her losse and recover her children from famishing, the petitioner presuming that what her husband hath already suffered may be in your Grace's understanding sufficient punishment for his demerit, humbly praying your Grace's clemency and mercy in setting him at liberty. And your petitioner shall as in duty bound, etc. " Dublin Castle, the 31st of January 1666[-7].— The Judge of Assize, before whom the petitioner's husband received his tryall for the matter above mentioned, is to certify us how the same did appeare upon his tryal, together with his opinion what he shall conceive fit to be done in the request of this petition, and thereupon we shall signify our further pie asure. — Ormonde . # May it please your Grace : The petitioner's husband being indicted at the last Assizes at Wicklow for speaking seditious words, vizt., that one Hall and King were very unwise to take such an oath, (meaneing the Oath of Supremacie,) and that they had sworne to they knew not what, for that by that oath they were bound, if the King should goe to masse to-morrow, to doe soe too. And, at the same Assizes, comeing upon his tryall hee did not much deny the words, but did insist upon it that he spoke them in another sense than the ordinary acceptation. 44 HISTORICAL MANUSCRIPTS COMMISSION. MSS. op But, upon the evidence of the said Hall and King, the jury found him of Ormonde, guilty, and thereupon he was fined £100 and ordered to finde sureties for his good behaviour, and he was committed for the fine and until that security should be given, and for the same hath lay en in prison ever since, being neere six moneths ; and if your Grace shall thinke him an object of mercy, we humbly conceive it will be most agreeable to rules of law that your Grace be pleased to recommend him to the Commis- sioners of Reducement to reduce the said fine. All which, in obedience to your Grace's within written order, we doe in most humble manner certify and submit unto your Grace's great judgement, the 18 of Feb- ruary 1666[-7]. — Jo. Bysse. — J. Povey. " Dublin Castle, 29 November 1667. — Upon consideration of the annexed petition of Lucina Homes, wife of William Homes, and the certifycate of our very good Lord, the Lord Chief Baron and John Povey, Esquire, one of the Barons of his Majes tie's Court of Exchequer, the Judges of Assize before whom the said William Homes was tryed, Ibearing date the 18th of February, 1666[-7], and made in pursuance of our order of reference given on the petition of the said Lucina the 31 of January, 1666 [-7], we are pleased, as to the fine imposed on the said William Homes, to recommend him to his Majestie's Commissioners for Reducement of Fines, for such reducement as they shall conceive to bee fit, and when the said fine shall be so reduced and paid or secured as the said Commissioners shall finde cause to direct, the said William Homes is to be set at liberty, he first giveing security for the good behaviour, as by the said Judges of Assize was ordered ; whereof the officers whom it may concerne are to take notice. — Ormonde." Timothy Michelburne. — " That your petitioner some time since tooke a lease of part of a house adjoyning to Katharine Numan's in Damas street [Dublin], of which lease there is certaine time yet to come. That Ralph Billingsley, one of your Grace's servants, layeth clayme to part of the petitioner's holding, which occasioneth so great controversy that he cannot dispose of his part till cleared. That the petitioner hath often desired to refer the said differrence to councell, which he [Ralph] •deneyth, or to appeare and answere your petitioner's suit in regard of his priviledge. May it, therefore, pleas 3 your Grace to order the said Billingsley either to refer the same, or that the petitioner may have lycence to take his remedy against him at Common Law for recovery of his right. And he shall pray, etc." *' Dublin Castle, 29 November, 1667. — We are pleased heereby to leave the petitioner at liberty to take his legal remedy against Ralph Billingsley above named, notwithstanding any priviledge hee may pre- tend as being our servant.— Ormonde." Erasmus Smith, 1 Esq. — " That your petitioner, amongst other lands, hath granted unto him, by certifycate of his Majestie's Commissioners for executeing the Acts of Settlement and Explanation of the same, the towne and lands of Milltowne, lying in the barrony of Ferrard and county of Lowth. That he hath passed letters patents for the said lands accordingly, and hath discharged the said lands from all other rents -except the rents reserved to his Majestie by the said letters patents. Yet, soe it is, may it please your Grace, that one Mr. Bence hath charged five pounds, foure shillings, and six pence, on the said lands, pretending the same to be due by the Act of Explanation, page 114, for the Irish agents, 2 which charge your petitioner is not at all lyable unto. Your 1 See Ninth Report of this Commission, 1884, Part I., pp. 133, 143, 156. 2 See p. 16. HISTORICAL MANUSCRIPTS COMMISSION. 45 petitioner therefore humbly prays your Grace to give order to the said -Jt 1 ^' 03 \ Mr. Bence for recalling the said charge, which is by him assigned to Sir qe Ormonde. Robert Byron's company, who lye upon your petitioner's tenants to the — ~ said land, to their ruine unlesse releived by your Grace. And he shall, etc." " Dublin Castle the 30 th of November 1667.— John Bence and Alex- ander Bence, Esquires, are heereby required to respit the levying of the above summe of five pounds, foure shillings, and six pence, on the lands in this petition mentioned, until we shall give further order concerning the same ; and the souldiers, to whome the said summe is assigned, are required upon sight hereof to withdraw from the said lands without giveing any further disturbance to his tenants. — Ormonde." Peter Walker, " clarke to the Right Honorable the Earle of Ossory his troope." — " That, about foure moneths since, your petitioner received assignments for part of six moneths' pay for the said troop, part of which assignments proved insolvent and were returned to Sir Daniel Bellingham. 1 Since which severall applycations hath been made to him for the remaining part of the said six moneths' pay, being about £500 ; yet he deferrs the payment thereof to the great prejudice of the said: troop. May it therefore please your Grace to order the said Sir Daniell Bellingham to make your petitioner speedy payment of what remains unsatisfyed of the said six moneths' pay. And he, etc." " Dublin Castle, 30 November, 1667. — Sir Daniel Bellingham, Knight and Baronet, Deputy Vice-Treasurer and Receiver General in this kingdom, is to take in the assignment above mentioned and to pay the moneys thereby assigned to the Earle of Ossory's troop, or to issue such solvent assignments as they may receive speedy satisfaction. — Ormonde." George Stoughton, merchant. — Recovery of amount due, on foot of a bond, by Robert Reading, of the Guards, and his wife, Dowager Countess of Mountrath. 2 — 3 December 1667. Arthur Chichester, Earl of Donegal. — Permission to proceed against Colonel John Gordon. — 4 December 1667, Thomas Williams and Robert Clarke. — Praying that the case between petitioners and Captain William Hamilton, referred to the Lord Presi- dent or Vice-President of Connaught, may be heard near Galway. — 4 December 1667. Peirce Lloyd. — Recovery of debt from Sir William King, Captain of a foot company in Limerick. — 4 December 1667. Samuel Burdett. — u That your petitioner's wife before intermarriage did let unto one Thomas Homes a house and back-side in St. Stephen's street, Dublin, for the terme of 31 yeares, paying therefor the summe of £6 15 quarterly for tho first three quarters, and £4 5 quarterly for the remainder of the said terme. That the said Mr. Homes after he had lived in the said house three quarters of a yeare or there- abouts, conveyed his goods away and left the house without giveing your petitioner satisfaction. Now, soe it is, that the said Mr. Homes, being a soldier in the Right Honourable the Lord of Kingston's troope,, and now attending in this citty for orders, your petitioner cannot have remedy against him at the Common Law, without lycence first obteyned from your Grace. The petitioner therefore humbly prayeth your 1 See p. 2. 2 Jane, daughter of Sir Robert Hannay, widow cf Sir Charles Coote, first Earl of Mountrath, who died in 1661. 46 HISTORICAL MANUSCRIPTS COMMISSION. JJ^jJj* Grace's order whereby your petitioner may have remedy against the said or Ormonde. Thomas Homes at the Common Law, notwithstanding his military employment. And the petitioner, etc. " Dublin Castle, 4 December, 1667. — We pray our very good Lord, the Lord Baron of Kingston, Lord President of the Province of Conaght to examine this matter, and of what he shall find due to the petitioner by Thomas Homes within named to cause satisfaction to be made by the said Homes out of the next intertainment that is or shall be due to the said Homes as one of the horse troope under his Lordship's command. — Ormonde." Francis, Viscount Shannon. — Recal of acquittance passed for two months' arrears due to his troop, on Jonas Walker and other Farmers of Excise for the county of Cork. — 6 December 1667. Same petitioner. — Same subject. — 6 December 1667. Thomas Allen, Thomas Barton, Edward Conry, Walter Poure. — Benefit of muster (full pay) for period during which petitioners were in attendance on their Captain, Viscount Charlemount, on his removal from Connaught to Ulster. — 6 December 1667. Donough O'Heyry. — Pardon, in forma pauperis, for homicide ; with certificate. — 14 December 1667. John Partridge, of Maryborough, Queen's County. — Payment for entertainment of Lord Brabazon's troop. — 16 December 1667. Lawrence Daily, 1 John Daily, and Connor Coony. — " That your pe- titioners were received into his Majestie's protection and have done very good service to his Majestie and people, in bringing many notorious malefactors unto condigne punishment, for which they have been maligned by their countrymen, in so much as that your petitioners were at the last Assizes at Trim condemned to dye for the pretended robbing of fifteen shillings, and that upon the false testimony only of two wit- nesses neerely allyed to some of the persons brought by your petitioners to justice for their notorious crimes. The premisses considered, and in regard your petitioners have noe hope of liveing quietly amongst their countrymen, for the reasons aforesaid, they most humbly pray your Grace to grant unto them his Majestie's pardon, to be passed without fees, in regard of their extreme poverty. And they shall ever pray, etc. " Dublin Castle, 16 December 1667. — Being satisfyed by Sir Theophilus Jones, Knight, one of his Majestie's Privy Councell in this kingdome, that the petitioners have done such services as are mentioned in this petition, we are pleased to extend his Majestie's mercy unto them for all past offences by them joyntly or severally committed (except murder by their or any of their owne hands or procurement committed or done) and doe heereby require his Majestie's Attorney and Solicitor General, or either of them, to draw up a fiant in due forme of law, conteyning a grant of such his Majestie's pardon unto the pe- titioners and every of them, inserting therein all such clauses and pro- visoes as in like cases are usuall. And, being alsoe satisfyed concerning the poverty of the petitioners, we are pleased that the said pardon shall passe in forma pauperis ; whereof all his Majestie's officers whom it may concerne are to take notice. And we are also pleased, and doe heereby order, that when the said pardon shall be passed under the great seale, the petitioners shall be set at liberty, they first giveing bond to See p. 46. HISTORICAL MANUSCRIPTS COMMISSION, 47 the Sherriff of the county of Meath, to his Majestie's use, of the penalty MSS. of of three hundred pounds, sterling, with condition that, within foure of^mSStde. moneths after they shall be set at liberty out of the restraint under — which they now are, they shall ship themselves aboard some vessel bound for the Barbadoes, or some other part of America, Flanders, or France, and be landed there and not returne into this kingdome without the lycence of the Chief G-overnor or Governors here in writeing be first obtained. — Ormonde." Thomas Plunkett, of Telltowne. — " That your petitioner was re- ceived into his Majestie's protection by your Grace's order of the 9th of March, 1666. — That since he has apprehended several notorious robbers and theeves which were sent to the gaoles of Tyrone and Meath by which meanes the county hath been much quieted. That your pe- titioner, haveing wife and children, is very desireous to live peaceably, and ready and willing to give security for so doeing. The premisses considered, your petitioner most humbly begs your Grace's vouchsafing him his Majestie's pardon. And he, etc. " Dublin Castle, 16 December, 1667.— Being satisfyed by Sir Theo- philus Jones, Knight, one of his Majestie's Privy Councell in this king- dome (who, by virtue of our orders given unto him, did imploy the petitioner doeng service against robbers and theeves), that the petitioner hath done such services as thereby hee hath meritted his Majestie's gracious pardon for all offences by him committed before the date heereof (except murder by his owne hands or procurement committed or done) : We heereby require his Majestie's Atturney and Solicitor General or either of them to draw up a fiant in due forme of law, conteyning a grant of his Majestie's pardon unto the petitioner, and therein to insert a clause or provisoe that, before the said pardon shall passe the great seale, the petitioner shall give sufficient security heereafter to be of the good behaviour and all such other provisoes and clauses as in like cases are usuall, and the same fairly ingrossed in parchment under your hand to send unto us, to be further passed as appertaineth, for which this shall be your sufficient warrant. — Ormonde." William Hamilton, Esquire. — " That your petitioner is concerned for himself and several others in several lots of the officers who served his Majestie in Ireland before the 5 day of June, 1649, some of which lots are fallen in Kingsale, 1 some in Corke, and others in the countyes of Longford, Leitrim, and Tyrone. That your petitioner hath not had time to settle either his owne or the concernes of those other persons who have intrusted him in any of those lots, so as his owne and their whole interest is still unsettled. That your petitioner is informed that he is appointed to be Sherrife of the county of Longford for the insuing yeare, being at least threescore miles from his dwelling. The premisses considered, and forasmuch as your petitioner's affaires are as yet in a distracted and unsettled condition, and that to divert him from the set- tling of them by that imployment (at so great a distance from the place of his aboad) will prove to the very great prejudice not onely of himself e, but also of those other persons for whom he is concerned : May it there- fore please your Grace to appoint some other fit person to be Sherrife of the said county for this yeare, and your petitioner hopeth that by that time he may have so settled his affaires as that he will be ready to serve his Majestie in that or any other imployment. And your petitioner shall pray, etc." Kinsale, in the county of Cork. 48 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of « Dublin Castle, 18 Dec, 1667. — Mr. Justice Booth, who went Judge of Oemonde. of Assize the last circuit for the county of Longford, is to informe him- — selfe and certify us what other person than the petitioner he shall conceive fit to serve Sherrife of that county for the yeare insuing. — Ormonde." Thomas Browne. — Becovery of amount due on bond by Bobert Bead- ing, of the Guards. — 18 December. Christopher Power and others. — Beport and order on petition for recovery of amount due by soldiers of the troop of the Earl of Drogheda. —20 December 1667. Colonel George Walters. — "That he having a most just cause of complaint against Colonel Bobert Manley, Governor of the Fort of Bantry, for the usurping of the petitioner's estate, he petitioned your Grace for reliefe therein, or lycence to arrest his person for that he had not lands or goods to be executed. Your petitioner also further sheweth that he had articles of high crimes, misdemeanors, and breach of trust, against the said Manley, put into his hands by some of the inhabitants of the barony of Bantry, which, after several commands and importuni- ties, he likewise exhibited to your Grace in behalfe of the King and the said inhabitants. All which your Grace was pleased to refer in Sep- tember, 1666, to the Lord President of Munster, who accordingly ap- pointed and required all persons to appeare, etc. And, in obedience thereunto, your petitioner, with more than twenty witnesses, on the King's and his owne part, by two journeys of almost 240 mile, and the expence of fifty pounds sterling, attended his Lordship, who only heard and received some proofes and depositions on behalfe of the King against the said Colonel Manley (which, by what reason he knowes not, alter 15 moneths' time are now remitted back to your Grace), but as to your petitioner's particular complaint, his Lordship would not heare it at all, but referred him to the law, provided he did not molest his person. And, in the interim, the said Manley was gone for England, and, as he himselfe hath given out and is morally supposed, will not returne. Wherefore, your petitioner humbly prayeth your Grace to declare your judgment on the said articles so proved for publique satisfaction, where- by it is supposed he will be left uncapable of any protection by his imployment, or to give him liberty to arrest the said Manley's person in England or elsewhere, notwithstanding any military capacity, or that he may impeach him to the King or the Parliament of England, where he is resolved to pursue him with your Grace's permission, his cause being very great in quality and quantity, he beeing able to prove to be dampnifyed by him many thousand pounds, and that his entry and continuance upon your petitioner's estate was above and beyond law, and he humbly conceives not to be determined or relieved by the ordinary courts of law but by the supreme power. And he will ever pray, etc." " Dublin Castle, 20 December, 1667. — As to that part of this petition by which lycence is desired to sue Colonel Bobert Manley, we hereby leave the petitioner at liberty to take his remedy against the said Bobert Manley, by such legal waves as he shall think fit notwithstand- ing any legal capacity which he hath in this kingdome." Officers and soldiers of Lieutenant-Colonel Moses Hill's troop, lately under the command of the Duke of Albemarle. — Payment of arrears consequent on insolvency of assignments on Lieutenant Jo : Parke, farmer of Excise, co. Down.— 20 December 1667. HISTORICAL MANUSCRIPTS COMMISSION, 49 Colonel Manwaring Hamond, garrisoned at Wicklow. — Answer to mss. of petition 1 of the Portreeve of Wicklow, for recovery of amount due for of^rmonde. goods.— 11 December 1667. — Portreeve, etc. of Wicklow, — Replication to preceding answer of Colonel Hammond. — 21 December 1667. John Suilemore, Portreeve of Wicklow, etc. — Leave to prosecute Colonel Hamond and Serjeant Nicholas Vicars for having assaulted Tristram Flowers, a burgess of Wicklow. — 26 December 1667. Thomas, Lord Viscount Dillon. 3 — " That his Majestie was gratiously pleased, as a mark of his favour and bounty to your petitioner, to declare that he would release and remit unto him and his heires all such part of his quit-rents as hath been imposed by the late Acts of Settlement of Ireland, or either of them, on his estate, which shall appeare to exceed the proportions of the rents and services wherewith his said estate was charged at or before the yeare 1641, and upon certificate from the Auditor- General of Ireland what rents and services were paid by your petitioner for his said estate, at or before the yeare 1641, and what new rents were since added thereunto by vertue of the late Acts of Settlement, his Majestie in Councel did order that either in England or Ireland (where your petitioner shall thinke tit to passe the same) a grant be prepared for release of the said new rents. Whereof your Grace and others are to take notice that such orders and warrants as are necessary for that may be prepared, as by his Majestie's said order hereunto annexed 2 may more at large appeare. Your petitioner therefore most humbly prayeth your Grace to give order unto the Auditor-General to give unto your petitioner a certificate of the old rents due out of your petitioner's estate at or before 1 641 , and what rents have been since added, in order to the passing of his patent pursuant to his Majestie's gracious instructions. And he will ever pray, etc. (S Dublin Castle, 2 January,1667[8]. — His Majestie's Auditor- Generall, or his Deputy, is hereby required forthwith to give unto the petitioner such a certificate as by this petition is desired, the petitioner paying such fees as are justly due for the same. — Ormonde." Judith Meyler, widow, executrix of Nicholas Meyler, 4 "late Chaplain to his Grace." — Recovery of amount due, under bond, by Richard Fox, of Lord Roscommon's troop. — 4 January 1667-8. Samuel Rock, William Morgan, Anne Amor, James Morris, and Arthur Pickel. — Recovery, from Deputy Receiver-General, of amount of severall warrants issued. — 7 January 1667-8. ' Arthur, Viscount Ranelagh. — Leave to take proceedings against Sir Oliver St. George. — 7 January 1667-8. Farmers of Excise. — Recovery of license duty from soldiers and in- habitants of Dublin. — 18 December 1667. Sir Jerome Alexander, 5 Knight. — " That John Willson, a souldier in your Grace's foote-guarde, hath unjustly entred upon certaine lands of your petitioner's in the county of Westmeath. That he hath endeavoured to corrupt your petitioner's tenants of the said lands to deliver him up the possession thereof, contrary to law. That he hath scandalised your petitioner and his title to the said lands. Therefore, he humbly prayer your Grace's lycence that he may proceed against him at law for his remedy. And he shall pray, etc. 1 See p. 40. 2 Not in the MS. 3 , 5 See Ninth Report of this Commission, Part ii., 1884, pp. 135, 134. 4 Chancellor of diocese of Ossory, 1626-1665. U 84068. n 50 HISTORICAL MANUSCRIPTS COMMISSION. mss. op " Dublin Castle, 15 January, 1667 [8]. — We are pleased hereby to leave of Ormondes tne petitioner at liberty to take his remedy by due course of law against — John Willson above named, notwithstanding his military capacity. — Ormonde." Thomas Gray, and Anne, his wife. — Recovery of amount due to petitioners, as administrators to Robert Nicholson, deceased, by Captain Gilbert Rawson, Quarter-Master of the guards. — 15 January 1667-8. Nicholas Copley. — Recovery of debt from Sir Robert Walsh, of the guards. — 15 January 1667-8. William Read, Samuel Moore, Thomas Crowley, Gabriel Willson, and Thomas Mewellin, soldiers of the garrison at Waterford. — For passes to that garrison, petitioners having served at sea. — 22 January 1667-8. Michael Lissenton. — Praying to be sent to serve with his former company at Athlone, having returned from sea. — 22 January 1667-8. Gyles Goodwin, goldsmith, Dublin. — Recovery from Captain Maurice Berkeley of fine for lease of premises in Castle-street, Dublin, and costs in connexion with ejectment. — 22 January 1667-8. Gerrard Archbold. — Recovery of amount due by Patrick Tuedy, of Sir Oliver St. George's troop, for hay, supplied while petitioner was innkeeper at Dublin. — 22 January 1667-8. Sarah Roberts, widow, Dublin. — Praying that Ensign Stoughton, Captain of the guard, may be tried by court-martial for having liberated Edward Butler, charged with the murder of her husband. — 25 January 1667-8. Daniel Huchinson, Alderman. — Recovery of purchase- money of lands near Kilmainham, in the county of Dublin, from Sir John Temple, Solicitor- General. — 25 January 1667-8. James Ware, 1 Esquire, Auditor-General. — " That on Saturday night last your petitioner's daughter and only child was by the subtilty or force of some person stole and carryed away your petitioner knowes not whither. Whereupon your petitioner inquired into all parts where he did suppose she might be carryed, but could not finde her. He therefore most humbly begs your Grace to grant unto him six horsemen of the commanded men attending here for orders, who may be assistant unto him in his further search after his said daughter, and the rather for that he beleeves she is under a force. And he shall pray, etc. " Dublin Castle, the 28th of January 1667[-8]. — The officer command- ing the horse-guard is to send an officer with six of the men attending here for orders with the petitioner, or whom he shall appoint, to inquire for the petitioner's daughter, and, finding her under any force, to bring her back to her father. — Ormonde." 2 William Salter, a disbanded soldier of Sir William Neal's troop. — Arrears. — 28 January 1667-8. Theobald [Taaffe], Earl of Carlingford.— " That his Majestie was gra- ciously pleased, as a mark e of his favor and bounty to your petitioner, to declare that he would release and remit unto him and hisheires all such part of his quit-rents as shall be imposed by the late Acts of Settlement on his estate, which shall appeare to exceed the rents and services thereon 1 Sir James Ware, the Irish historiographer, died in December, 1666, and was succeeded in the office of Auditor-General by bis son, James Ware, above-mentioned. 2 See p. 75. HISTORICAL MANUSCRIPTS COMMISSION. 53 charged at or before the yeare 1641, and what new rents were since marou?s added thereunto by the said Acts his Majestie in Councel did order that op Ormonde. a grant be prepared for release of the same. Your petitioner therefore humbly prayeth your Grace's order to the Auditor- General to give your petitioner a certifycate of the old rents due out of his estate at or before 1641, and what rents have been since added in order to the passeing of his patent pursuant to his Majestie's gracious intentions. And he, etc." "Dublin Castle, 27 January 1667[-8].— His Majestie's Auditor- General, or his Deputy, is hereby required forthwith to give unto the petitioner such a certifycate as by this petition is desired, the petitioners paying such fees as are justly due for the same. — Ormonde." Thomas Gippes. — Recoverv of amount due by William, Lord Brabazon. —20 January 1667-8. Edward Bathorne, of the Earl of Ossory's troop. — Leave of absence, his brother, Harvey Bathorne., to take his place. — 27 January 1667-8. John Keating. — Recovery of debt from Robert FitzGerald, Lieutenant to Lord Shannon's troop. — 31 January 1667-8. Joseph Ruthorne against John Rogers, of the guard. — Order on petition for leave to sue Rogers. — 29 January 1667~8. Ann Cooper, " a poore prisoner in Newgate." — " That your petitioner was tryed Michaelmas terme, 1666, for a fact of felony, and being found guilty received sentence of death, yet your Grace was pleased to grant your petitioner a pardon, which lyeth in Sir William Domvile's 1 office for a fiant to be drawne. Now, so it is, may it please your Grace, that your petitioner is a stranger in the country and hath noe relations nor freinds to procure mony for passeing the said pardon, so that she may perish unless by your Grace pyttied. May it therefore please your Grace to grant your order that the petitioner may passe the said pardon in forma pauperis. And your petitioner will pray." " Memorandum : Made oath before me, that she is not worth five pound in worldly substance this present day. Jurat, coram me, 25° die Januarii 1667[-8]. — Dud[ley] Loptus. "Dublin Castle, 29 January 1667[-8], — Uppon consideration of this petition and affidavit, we are pleased that the petitioner's pardon shall passe in forma pauperis, whereof all his Majestie's officers whome the same may concerne are to take notice. — Ormonde." Robert Rayner, farmer, of Ballyscorny, co. Dublin. — Recovery of costs, incurred in Common Pleas and Exchequer in connection with claim for horse, from " one Mr. John Evans, one of the consort of musick attending his Grace." — 29 January 1667-8. Thomas Walding.— Recovery of debt from Edward Bolton, of Colonel Cary Dillon's troop. — 1 February 1667-8. John Ley. — Recovery of amount due by soldiers. — 3 February 1667-8. Norris Cave, Lieutenant to Captain John Morton's company. — Recovery of amount due to petitioner and Ensign Harraway by Sir James Middleton, late Captain of that company.— 6 February 1667-8. John Preston, Alderman, Dublin. — Recovery of debt from Sir Oliver St. George.— 6 February 1667-8. William Fallon, prisoner in Newgate, Dublin. — Commutation of sentence of death, or pardon. — 7 February 1667-8. 1 Attorney-General, Ireland. D 2 52 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of John Morgan, of Killcolgan. — " That your petitioner together with op Ormonde. Captain John Bramston, Governor of Athlone, and Captain James Hamilton, was appointed by Commission to value and returne the lands in the countyes of Gallway, Roscommon, and Sligo as they were set in the yeare 1(559. That your Grace and the Lords of the Councell gave them the allowance, for their charges and paines therein, of two hundred and forty pounds sterling, the one moyety whereof was paid before the entring upon the execution of the said Commission, and the other moyetie was to be satisfyed upon returne of the said Commission and duly perfecting and executing thereof. That returne of the said Com- mission was duly made ; as by the Commission was required. Yet, so it is, may it please your Grace, that Mr. Henry Brereton, who was appointed to receive the monys appointed for defraying the allowances granted for that service, haveing received orders to satisfy the said Captain Bramston, Captain Hamilton, and your petitioner the remaining £120, after perclosing their worke, detaineth in his hands the summe of four score pounds sterling, that is to say, £40 due to the said Captain Hamil- ton, and forty pounds due to your petitioner, upon pretence of some challenge that Captain Robert Morgan made to the same as a Com- missioner, and refuseth to pay the same to your petitioner, notwithstand- ing the said Robert Morgan by writing under his hand hath desired the said Mr. Brereton to pay the same to your petitioner, and the said Captain Hamilton haveing likewise assigned your petitioner to receive the same, the said Mr. Brereton, designing, as your petitioner hath cause to beleeve, to convert the said moneys wholly to his owne use : May it therefore please your Grace by your orders to command the said Mr. Brereton forthwith to make payment of the said summe of foure score pounds to your petitioner. And he, etc. " Dublin Castle, 7 February, 1687[-8]. — The within named Henry Brereton is hereby required forthwith to make answere in writeing to this petition, and to shew cause (if any he can) why he should not satisfy the moneys thereby desired. — Ormonde." Richard Power. — " That Sir Robert Walsh, Knight, is indebted to your petitioner in £320 by bond, but by reason of his military capacity utterly refuseth to give your petitioner satisfaction, to his great damage. May it therefore please your Grace to lycence your petitioner to take his legal remedy against the said Sir Robert Walsh. And your petitioner, etc." "Dublin Castle, the 8 of February, 1667[-8].— If Sir Robert Walsh shall not give the petitioner satisfaction concerning his demand above mentioned within one moneth after sight or notice hereof, the petitioner is left to take his legal remedy against the said Sir Robert Walsh, not- withstanding any priviiedge he may pretend unto as one of the army. — Ormonde." Robert Bowyer. — " That the petitioner (after his great charges by reason of several petitions, orders, references, reports, and certifycates) obtained your Grace's order for £34 to be satisfyed unto him for his interest in some of the lands taken into his Majestie's Parke, 1 which was valued at £2 5 10 per annum. Now, may it please your Grace like- wise to grant your petitioner an order for ihe rent of his part of the land, according to the valuation for five years past, as also an order to his Majestie's Attorney-General to take a conveyance of your petitioner's interest to his Majestic, which otherwise he will not. And your sup- pliant, etc." 1 Dublin. HISTORICAL MANUSCRIPTS COMMISSION. 53 " Dublin Castle, 7 February, 1667[-8].— His Majestie's Attorney or ^^Sia Solicitor General is to prepare such an instrument as shall be fit for the of Ormonde. petitioner to seale for the passeing his interest of the lands above men- tioned unto his Majestie, and to see that the same be duly perfected and inrolled in the Eolls of his Majestie's High Court of Chancery, and upon his certifvcate thereof we shall give our further order. — Ormonde." William Dodson. — " That your petitioner being imployed in the several workes in and about his Majestie's Deare Parke at the Phoe- nix, according to your Grace's appointment, and having paid for the said several workes upwards of £1000 more than is by him received but cannot be adjusted until his account is fully drawne up ; and that on the 2nd of August last your Grace and Councel were pleased to refer the account to the Lord Chief Baron of his Majestie's Court of Ex- chequer, the Master of the Rolls, Mr. Secretary, or any two of them, to consider thereof, and thereupon sent for the Auditor and gave him directions to draw up the said whole account that they might further consider thereof. But the Auditor ref useth to take any further Account than for what money hath been already received, for that your Grace and Councel hath been pleased, by your general order, dated the 9 day of January last, to that purpose so to direct, and that your petitioner's account cannot be fully taken until your Grace's further order for the doeing thereof, by which he suffers very great damage therein. He therefore humbly prayes your Grace would be pleased to order the said Auditor to take his whole account, by which your Grace may know what remaines justly due to him ; and that your Grace would be pleased to grant your warrant for the aforesaid summe or such part thereof as your Grace thinketh meet to supply his great present want. And your petitioner, etc." " Dublin Castle, 11 February, 1667[-8]. — We are pleased that our very good Lord, the Lord Viscount Dungannon, be added unto and joyned with the other persons within mentioned, to whose consideration the petitioner's account was referred, and that they proceed according to such former order as hath been given concerning the same, and make report of what shall appeare unto them with all convenient speed. — Ormonde." Richard Brooking. — Recovery of debt from Arthur Rowland, of Lord Grandison's troop. — 11 February 1667-8. Joshua Rowlandson. — Recovery of debt from Cornet William For- tescue, of the troop of the Earl of Drogheda. — 11 February 1667-8. William Knight. — Recovery of amount due by Sir Theophilus Jones, Colonel Carey Dillon, Colonel Francis Willoughby, Sir Toby Pontz [Poyntz], Colonel Humphry Barrow, and Sir Hans Hamilton. — 12 February, 1667-8. Lord Netterville's 1 brothers and sisters. — Exemption from the three pence per acre assessment. — ] 1 February, 1667-8. William Lvsle. — Recovery of debt from John Dance r, of the Life Guard.— 13 February 1667-8. Henry, Christopher, Richard, and Luke Betagh, etc. — " That ,by virtue of your Grace's warrant and a clause in the Explanatory Act, page 114, an assignment is issued for a penny, part of three pence per acre on the lands of your petitioners in the county of Meath. That your petitioners Nicholas third Viscount Netterville. 54 HISTORICAL MANUSCRIPTS COMMISSION. Marquis had a decree in the late Court of Claims only for portions out of the of Ormonde, worse part of the estate of Patrick Betagh late of Moynalty in the said county of Meath, which is but coarse mountainous ground hardly worth three pence per acre, and yields them but a very inconsiderable rent, upon which they are not able to subsist. That the most and be3t of the said lands .are decreed to your petitioners only in remainder after the death of their father ; so that unlesse they are releved by your Grace, your petitioners will be utterly ruined. Your petitioners humbly pray your Grace's order to Mr. Bence, Keceiver of the said moneys, requiring' him to forbeare assessing any summe upon the said lands untill the truth of your petitioners allegations may be examined by whom your Grace shall think fitt. And your petitioners, etc. " Dublin Castle, 14 February,1667[-8]. — Mr. AlexanderBence,within named, and all others whom it may concerne, are to take care that noe more of the moneys within mentioned be leavyed or assessed upon the lands within mentioned than by the Act of Parliament for the raysing the moneys of that kinde is warranted. — Ormonde." Lawrence Moore, merchant, Loughrea, co. Galway. — Report and order respecting amount due for goods supplied to the troop of the Earl of Drogheda by petitioner and Sarah Haslow. — 18 February, 1667-8. Mary FitzGerald. — Release from detention on board ship. — 19 Feb- ruary 1667-8. William Egleston. — Praying for dismissal from Colonel Heyward St. Leger's company at Kinsale. — 19 February 1667-8. Richard Carney. — u That your petitioner hath made and erected one dyal over the Castle stables and another brasse dyal for the Castle, the charge whereof doth amount to five pounds sterling. Your petitioner humbly prayes your Grace to order some way for his satisfaction. And he, etc. " Dublin Castle, 28 January, 1667 [-8]. — Thomas Page, Esquire, one of our Secretaries, is to pay the petitioner the above mentioned summe of five pounds, and place the same to our account. — Ormonde." Edward Iwells. — Recovery of amount due by Cornet John Buckworth. —19 February 1667-8. Thomas Purcell, " of the Earle of Ossory's troop of horse." — " That your petitioner hath been in his Majestie's service abroad, under the command of Colonel Grace, 1 and since his Majestie's happy Restoration and your Grace's arrival in this country hath served in the Earle of Ossory's troop, and your petitioner being imployed in the country and cannot without his great disadvantage attend his place in the army, prayes your Grace's order to be discharged out of the said troop and to receive his arrears in course with the rest of the said troop. And your petitioner, etc." " Dublin Castle, 29 January, 1667 [-8]. — We are pleased that the petitioner be discharged out of the troop within mentioned, and that he shall receive such pay as is due unto him, with the rest of that troop ; whereof all officers whom it may concerne are to take notice. — Ormonde." Peter Warde, brewer. — Recovery of amount due by Captain Edward Hoyle, of Lord Annesley's troop, Captain John Harrington, of the « Battle-axes," etc.— 21 February 1667-8. 1 For notices of Colonel Richard Grace, see " Contemporary History of Affairs in Ireland," Dublin : 3 879-81, vol. iti., p. 420. HISTORICAL MANUSCRIPTS COMMISSION. 55 William Barry. — Recovery of amount due for " strong beere " by MSS. op William Gay, of the Battle- Axe guard. — 25 February 1667-8. ofOemonde. John Mandeville. — Praying for protection for three months, to enable him to bring in and prosecute more malefactors ; and complain- ing that his house had been broken into, and documents destroyed. — 26 February 1667-8. Ann Langrish. — Recovery of debts from Captain Harrington, of the Battle- Axes, and others.— 25 February 1667-8. Henry Verschoyle. — Recovery of debt from Robert Douglas, of Sir Charles Hamilton's troop. — 14 February 1667-8. William Carroll. — " That your petitioner hath been at several times and at several Assizes in the King and Queene's Counties, as also in the county of Tipperrary, prosecuting of several persons by him bound over for releeving and harbouring of proclamed Toryes and theeves. That your petitioner being at the last Assizes, held at Phillipstowne, ready to prosecute some malefactors there, one of them, haveing noe other defence for his life, swore that your petitioner committed robbery in the county of Tipperrary. Upon which your petitioner was sent to Tipperrary, and there tryed and found guilty, and had suffered for the same but that his Majestie had indempnified him of all former crimes, murther excepted. But your petitioner is bound to appeare at the next Assizes for the county of Tipperrary, where it is requisite he should have your Grace's pardon to produce. And forasmuch as he hath many other persons to prosecute this next Assizes in the King's and Queene's counties, and will not have sufficient time to come back for the said pardon : May it therefore please your Grace to order that your peti- tioner's pardon may be dispatched, the annexed certifycate setting forth what service your petitioner hath done, being imployed therein by Sir Theophilus Jones, etc." "Dublin Castle, 19 March 1 66 7 [-8]. —Having thought fit, upon the certifycate of Sir Theophilus Jones, Knight, the oth of March, 1666 [-7], to give the order, the copy whereof is hereunto annexed, for his Majestie's pardon to be passed to the petitioner in manner as is thereby expressed, we are now pleased that the execution of the judgement given against the petitioner at the Assizes held for the regalities and liberty of Tipperary for the fact for which the petitioner hath been there convicted, be respited for the space of one moneth from this day, whereof all persons whome it may concerne are to take notice ; and in the meane time the Judges before whom the petitioner was there tryed are to certify us how the matter against him did appear upon his tryal, with their opinion whether they conceive him to be an object of mercy. — Ormonde." William Bartlett and John Head, Sergeants in the company of the Duke of Albemarle. — Restoration to their former position, notwithstand- ing proceedings taken against them for assault, etc., by Mr. Dodson. — 12 March 1667-8. Captain Richard Smith, Captain Randolph Taylor, Ensign Robert Meredith, and Ensigne Garret Foulke. — " That the officers and souldiers of the foote companyes, to which your petitioners belong, commanded by Sir Francis Foulke and Captaine John Boteler and guarrisoned in the towne of Clonmel, have, till of late, been furnished by the inhabitants of the said towne with convenient lodgings and quarters ; some of the inhabitants finding lodgings, and others, in the suburbs and elswhere giveing certaine allowances by their owne agreements and consents to several of the officers and souldiers to provide and pay for their owne 56 HISTORICAL MANUSCRIPTS COMMISSION. mss. of quarters and accommodation where they thought most convenient. ovOrmonde ^ nt now ' ma y to please your Grace, Richard Hammerton, Edward Batte, — Anthony Lawrence, George Collett, and William Vaughan, able inhabi- tants of the said towne, refuse to quarter or pay the allowances for quartering by them contracted for, as formerly, but by their examples and instigation have caused the several other persons under named to doe the like and obstinately to persist therein ; by which meanes many of the souldiers are altogether destitute of lodgings and quarter, being turned out of those they formerly hyred for want of payment of the allowances contracted for and forced to lye on the guard when they have done their duty ; to the great inconvenience of the poore souldiers. For reliefe wherein the petitioners haveing in a faire way often applyed themselves to the Mayor of the said towne without any effect or redresse, they are forced most humbly to pray that your Grace will be pleased to take the premisses into consideration, and give such order therein as your Grace in your great wisedome shall thinke fit. And your petitioners shall pray, etc. " Persons who refuse to quarter, etc. : — Nathaniel Care. — Walter Branock. — John Walters. — Thomas Donogh. — Thomas Dudy. — Theobald Butler. — Catt. Clavaine. — James Lonergan. — Donnogh Hickey. — Thomas Burke. — John Chasey. — Edinond Connell. — John Caffe. — Walter Due well. — John Kennedy- — Edward Pursell. — Darby Daniell. —Richard Beats. — James Morony. — John Berman. — Thomas Poore. — William Nicholson. — Robert Kelley. — Teige Kerey. — James Rony. — Edward Hogan. — Daniel Ganey. — Teige Conor. — Edm. Magher. — Jonas Foster William Lane. — Thomas Butler. — Geo. Sarlock. — John Prist. — Daniel Mallaghan. — Nicho. Gadon. — Edw. Hogane. — John Waller. — Symon Connell. — Ph. Cox. — Tho. Laghy. — Morris Eustas. — Ellen Newman. — Jeffrey Raine. — John Kelley. — John Meade. — Darby Donnell. — John Shaw. " Kilkenny Castle, the 14th of March, 1667 [-8]. —Richard Hammer- ton, Edward Batte, Anthony Lawrence, George Collett, and William Vaughan, named in the within petition, are forthwith to provide con- venient and fitting quarters for the officers and souldiers who were appointed to quarter on them respectively, or to pay the allowances by them contracted to be paid to such officers and souldiers in liew of quarters ; and in case of refusal they are required personally to appeare before us at Dublin on the five and twentieth day of March, instant, and shew cause to (he contrary, whereof the said persons are not to faile. — Ormonde." Henry Harraway, ensign in Captain John Moretou's company. — Re- imbursement of money paid to soldiers by order of Sir James Midleton, late Captain of that compauy. — 13 March 1667-8. Morris Fitz Gerald : — Leave to proceed against George Jaques, of Colonel Dillon's troop, for having prevented petitioner from exercising his rights in connexion with lands held by him for one year. — 10 March, 1667-8. Henry Thewer. — " That about two years since your petitioner tooke to his apprentice for foure yeares, to instruct in the quality of a trum- peter, one David Drummond, for whose faithful service to your petitioner, according to indentures between them, Sir James Midleton became bound to your petitioner in 100/. That your petitioner haveing instructed the said David Drummond to be a sufficient field trumpet when he had served but about three quarters of a yeare he rami av/ay from your petitioner into Scotland, and. as your petitioner is informed, HISTORICAL MANUSCRIPTS COMMISSION. 57 is with Captain Midleton, the said Sir James his brother, who coineing mss. of over hither to receive the dues of the said Sir James, did receive all ^SSovve. except his pay, which is not yet issued out of the Treasury, and at his being at Kilkenny, promised, if your petitioner would goe with hini to Dublin, to give some reasonable satisfaction to your petitioner for his damage in the said apprentice's forsakeing his service, and to take up the said bond. But, by your petitioner's duty being to attend your Grace, and the said Captain Midleton, upon his going to Dublin, presently goeing over to Scotland, your petitioner is left without any remedy upon the said bond, unless© he may be recompenced, by your Grace's order, out of the pay of the said Sir James Midleton unissued. The premises considered, your petitioner most humbly prayes your Grace to refer the cause to the Right Honourable the Lord Dungannon, (to whom the debt due to Lieutenant Norris Cane from the said Sir James Midleton was referred by your Grace,) to examine the truth of your petitioner's allegations, and thereupon to award such reasonable satisfaction to your petitioner upon the said bond, to be had out of the said Sir James his pay yet unissued, as to his Lordship shall seem just and fit. And your petitioner, etc. " Dublin Castle, 8 January, 1667[-8]. — We pray our very good Lord, the Lord Viscount Dungannon, calling before him the partyes whom this matter doth concerne, or their agents, to examine the same, and hearing what can be offered on both sides to end the difference by con- sent (if he can), or else to certify us the true state thereof. — Ormonde. " 6 March, 1667 [-8]. — " May it please your Grace : In obedience to your Grace's commands upon the within petition, I did call the several partyes before me, and upon examination I doe finde that thirty pounds was to have been given to the petitioner by Sir James Midleton, and that for the teaching of a trumpter. But, Sir James Midleton being dead, it appeares that Mr. Andrew Midleton did offer the petitioner ten pounds for to bee freed from the said petitioner's demands, who in my judgment ought to have twenty pounds for the recompense due to him for the losse of his apprentice, as in such case is usual ; all which is sub- mitted to your Grace's pleasure most humbly by your Grace's most obedient service. — Dujngannon. "Kilkenny Castle, 9th March, 1667 [-8]. — Upon consideration of the foregoing certifycate of our very good Lord, the Lord Viscount Dungan- non, Field Marshal of his Majestie's army in this kingdome, we are pleased and doe hereby order, that his Majestie's Vice-Treasurer, or his Deputy, out of any moneys now remaining in his hands of the pay due to Sir James Midleton, knight, deceased, shall satisfy to the petitioner the summe of twenty pounds sterling mentioned in the said certifycate, in satisfaction of his demands for the matter in his petition specified. And this, with the petitioner's receipt for the same, shall be to the said Vice-Treasurer, or his Deputy, a discharge for so much. — Or- monde." Richard Else.— Recovery of amount due by officers and soldiers. — 19 March, 1667-8. Archibald Campbell, Attorney for Captain Midleton. — Leave to sue Captain Cave, who had taken out letters of administration to Sir James Middleton and Captain Moreton, on account of portion of Middleton's pay. — 14 February, 1667-8. Colonel Maynwaring Hammond, Governor of the town and castle of Wicklow.— That the Advocate-General of the Army may be ordered 58 HISTORICAL MANUSCRIPTS COMMISSION. mss. of to certify as to the substance of depositions made against petitioner » oSiottdb. b ? disband ed soldiers.— 25 March, 1668. Richard [Nugent], Earl of Westmeath. — " That one Henry Nugent, who had the setting and letting of the petitioner's lands these three yearespast and more, and had the receipt of his rents for that time, is in restraint in the Marshallsie of the Foure Courts, these six weekes, for a fine of five hundred pounds imposed on him in the Court of Common Pleas. That the petitioner is like to suffer very much for want of the personal presence of the said Henry Nugent in the country for six weekes time, within which. time all accompts between the petitioner and his tenants may be ascertained, which otherwise cannot be effected. He therefore most humbly beseecheth your Grace to direct the Marshall of the Foure Courts to accept sufficient baile for the rendering of his person in restraint where now he is, before the end of the next terme, and to afforde him liberty for that time. And the petitioner will pray, etc. " Dublin Castle, 26 March, 1668— If Henry Nugent within named be not in restraint for any other cause than is within sett forth, and shall give recognizance before Mr. Justice Booth, 1 one of the Justices, of the penalty of one thousand pounds sterling, conditioned that within six weekes after his enlargement he shall returne into the custody of the Marshal in whose custody he now remaines, the said Marshal shall set him at liberty in the meane time. — Ormonde. " This order was called in againe and cancelled by his Grace, and the entry is now vacat." — 28 March, 1668. Margaret Lloyd, widow of Sergeant John Lloyd, of Colonel Hammond's company. — Recovery of arrears due to petitioner's late husband. — 26 March 1668. Randal Burrowes, of Sir William Tichborne's troop, stationed at Ardee, in the county of Louth. — Discharge, and payment of all out- standing arrears. — 27 March 1668. Richard Hamerton, Edward Batty, William Vaughan, Anthony Lawrence, and George Collett, of Clonmel. — Application for copy of com- plaint, upon which a former order had been obtained, respecting quarters for Captain Richard Foulke's company garrisoned in Clonmel ; and praying that the matter in dispute may be investigated in or near that town.— 27 March 1668. Alexander Aicken, of the city of Dublin, merchant. — " That your petitioner was heretofore charged with the quartering of two private souldiers, and that since the late ordering of souldiers' quarters within this cittie, Captain Hungerford is quartered upon your petitioner, and also two souldiers, ordered for quarters upon him, as before. That Captain Hungerford hath the best roome in your petitioner's house for his quarters, his two servants another, and the two souldiers ordered upon him as heretofore. In which your petititioner, conceiving himselfe oppressed, hath several times addressed himselfe to the Lord Mayor and Sherriffs of this cittie, from whom he gets noe releife. Now, may it please your Grace, for that your petitioner, as others of this cittie, ex- pected rather easement than a greater burthen by the late course taken about quarters, and for that Captain Hungerford, being sufficiently sensible of your petitioner's being injured, would willingly be removed, if the said Lord Mayor and Sheriffs would appoint him other quarters, which they refuse or otherwise delay to doe, [to] your petitioner's great 1 Sir Robert Booth, Justice of the Common Pleas, Ireland. HISTORICAL MANUSCRIPTS COMMISSION. 59 damage. And for that your petitioner is herein altogether remedy lesse, SqSis save only if your Grace will be pleased to order the said Mayor and p Ormonde. Sherriffs to appoint other quarters for Captain Hungerford, your petitioner haveing two souldiers quartered upon him, as before. And he will pray, etc. " Dublin Castle, the 28 of March 1668.— The Lord Mayor and Sheriffs of the cittie of Dublin are to informe themselves concerning the truth of the petitioner's allegations, and, finding the same to be true, to give order that* Captaine Hungerford be removed from the petitioner's house and that fit and convenient quarters be appointed for him elsewhere. — Ormonde." Francis Nicholas. — Payment of arrears due to petitioner for service in the troop of the Earl of Donegal. — 18 March 1667-8. Sir Nicholas Armorer, Knight. — " That, about five moneths' since, your petitioner bought of the Lords Commissioners of Prizes a ship called the * Fortune of the Sea,' with all her lading (except cordage and plancks, which were reserved for his Majestie's service), and accordingly your petitioner hath long since paid for the same, his bonds haveing been threatened to be sued. But so it is, may it please your Grace, that the said plancks are not taken out of the ship, nor the goods yet delivered to your petitioner, by which meanes he hath lost not only the voyage intended for the ship, but also the sale of the goods and great expences and charges of seamen to looke after her, So that by her long lying out of your petitioner's right possession, her cables and rigging are become all rotten. By reason whereof in the last violent storme the said ship was driven ashoare, and much broken and damaged, and the getting her off and her repaire hath and will cost your petitioner a very considerable summe of money. Wherefore your petitioner humbly prayes that your Grace will be pleased to order that the planckes aboard the said ship may be immediately taken ashore, and that he may have full possession of his said ship and goods, and that he may have a cable, some cordage, and so much planckes as will refit the ship and make her in the condition she was [when] he bought her, and that he may have some allowance for his extraordinary expences occasioned as aforesaid. And he shall ever pray. "Dublin Castle, 26 February 1667[-8]. — We refer this matter to the Lord Commissioners for Prizes in this kingdome, who are desired to do therein what they shall conceive to be lit. — Ormonde." Philip Ferneley, Esq. — " That your petitioner was appointed receiver of the 23,500/. granted by Act of Parliament to bee by him issued to the severall uses therein expressed ; that Captain Henry Brenn beeing appointed high Collector to receive the summe of 673/. 13s. 6d. charged on the county of Kildare as its proportion of the aforesaid moneys whereof the said Captaine Brenn hath paid the summe of 606/. 14*. 8d. soe there remaines in his hands the summe of 66/. 18s. 10r/. as may also appeare by the said Captaine Brenn's owne accompt which summe hee hitherto neglected to pay to your petitioner in pursuance of the said act, although hee hath been oftentimes requested thereunto but still delayes the same in regard of his privi ledge as a member of the army. May it therefore please your Grace to require the said Captain Brenn to make present payment to your petitioner of the said moneys or otherwise that your Grace will be pleased to lycense your petitioner to take his legall course at law against him. And hee shall pray, etc." "Dublin Castle, 1st Aprill 1668. — Captain Henry Brenn is to give the petitioner satisfaction concerning the matter above mentioned or else to 60 HISTORICAL MANUSCRIPTS COMMISSION. Mar 5 uis shew us cause in writing (if any liee can) why the petitioner should not of Ormonde, bee at liberty to take his remedy against him by due course of law not- — withstanding his military capacity. — Oiimonde." Robert Bowyer. — Petition, with order, 2 April 1668. — This petition and order are in similar terms to those at page 52, under date of 7 Feb- ruary, 1667-8. John Boyt and Robert Dodson, Commissioners for granting beer and ale licenses in Dublin. — Praying that horse soldiers may be included in the proclamation issued with regard to the sale of beer and ale by foot soldiers. — 1 April 1668. William Hawkins and Periam Poole, " in behalfe of the Adventurers for lands in Ireland." — " That the said Adventurers have obtained an order from the Parliament of England (eopy whereof is heereunto annexed), 1 whereby they and the persons imployed by them have liberty given them to have recourse from time to time to the bookes and papers concerning the said Adventurers in his Majestie's Councel in England, as also to take out copies of the records of the Court of Claymes in this kingdome, or any other Court of record in Ireland. But so it is, may it please your Grace, that Mr. Mathew Barry 2 hath relused to give copyes of any orders or letters relateing to the proceedings of the Court of Claimes without your Grace's leave first had and obteyned, notwith- standing your petitioners are speedily to produce such copyes at the bar of the House of Commons the 13th of this instant April. Wherefore, your petitioners humbly pray your Grace's speedy order to the Clerk of the Councel to give your petitioners liberty to examine such entryes of orders and letters as they shall thinke fit, and to have them attested by the Clerke of the Councel. And they shall pray, etc. " A particular of the papers humbly desired, viz. : "A copy of the late Commissioners' Addresse in July or August, 1663, giveing an account of what they had done and did intend to doe as Commissioners. " The Lord Lieutenant and Counsel's advice to the Commissioners to spend some of their remaining time to reprize Protestants. " Copy of a letter to Secretary Bennet from the Lord Lieutenant and Counsel, dated the 25th of June 1663. " Copy of a letter from Secretary Bennet, dated the 25th of July 1663. Counsel's order thereuppon, dated the 1st of August, 1663, whereon copyes of the letters were sent to the Commissioners. " An addresse from the Commissioners of Claymes to the said Lord Lieutenant and Counsel, dated the 25th of June, 1663, concerning repri zeals. " An addresse from the Commissioners to the Lord Lieutenant, dated 15th July, 1663, concerning reprizals. " An account from the Commissioners of Claimes of their proceedings, dated the 5th of August, 1663. " Upon consideration had of the within petition, Ave doe hereby thinke and order that the petitioners have copyes of the several letters and orders above mentioned, whereof the Clerke of the Councel is to take notice, for which this shall be his warrant. Dated at his Majestie's Castle of Dublin, the 4th of April, 1668— Ormonde." Sir Arthur Forbes. 3 — Payment of amount due to one Cormuck, a soldier in petitioner's troop,— 3 April, 1668. 1 Not in the MS. 2 Glerk of the Council, Dublin, * Created Earl of Granaru in 1684. hist( >rical Manuscripts commission. 61 Patrick Segrave. — Recovery of debt from Colonel Gary Dillon. — mss. of 2 April 1668. . 0F M (K E . Walter Harcourt. — Payment of arrears due for service in Sir Francis — Hamilton's troop. — 2 April 1668. Renne Mezandier. — ''That about ten moneths since your petitioner humbly complained to your Grace that his part of the fees of honor due to him was refused to be paid him by Mr. Morley and Mr. Dives, and your Grace was pleased to order the said fees to be stopt in the hands of the King of Armes, where the money now remaines. May it there- fore please your Grace to order that the petitioner may receive the fee due to him in the said time, according to the proportion of three shillings in the pound, lately appointed by your Grace to be paid to your petitioner. And he shall pray, etc. " Dublin Castle, the 6th of Aprill 1668*— The King at Armes is to pay such fees as are now in his hands for the servants of our Bedchamber to Edmond Ludlowe, 1 Esquire, who is thereout to satisfy Renne Mezandier the summes due to him, according to the direction given by us the 28th of March last, and to pay the remainder to the persons to whom the same is due by former custome. — Ormonde." John Craige, merchant, Londonderry. — Recovery of money due by Thomas Evelin, Lieutenant to Colonel John Gorges, Governor of Londonderry, on foot of order for wine. — 7 April 1668. Robert FitzGerald, Captain. — Payment of moiety of ten months arrears of pay for service is Viscoun Shannon's troop, with certificate —8 April 1668. Robert Taylor, Captain. — Arrears as Captain of a foot company raised from men disbanded at Carrickfergus. — 8 April 1668. Edward Meredith, executor to Thomas Heydon. — Recovery of money lent to William Harman, of the life-guard of horse. — 8 April 1668. John Inglis, "servant" to the Duke of Ormonde. — Leave to sue Ensign Houghton for money laid out for clothes by his orders. — 10 April 1668. John Magrath. — Recovery from Mr. Harman of money due for goods supplied to George Coolishe, of the life-guard. — 11 April 1668. John Pergiter, citizen of London. — Recovery of amount due by Lieutenant Robert PltzGerald. — 14 April 1668. Thomas Lawrence. — Payment of ten months' arrears for service in Sir Francis Hamilton's troop. — 1 1 April 1668. Sir James Shaen, 2 Knight and Baronet.—" That jour petitioner is to pay to or for his Majestie a greate summe of money, for a considerable part whereof he depended upon the third part of the profits of the Registers' Office, payable by George Phillips and John Jeffreys, Esquires, Registers to the Commissioners for executeing of the Acts of Settlement and Explanation, who, in contempt of your Grace's several orders, and contrary to their frequent promises to your Grace, have neglected to accompt for or pay in the same, whereby, besides their being lyable to account and pay unto his Majestie all they have received out of the said office, their letters patents for the same being voyd in law (as your petitioner is informed by his councel) by reason they have not performed the expresse provisoe and condition in their said letters pattents con- cerning their accounting and paying over of the third part of the profits of the said office, notwithstanding more than two yeares are elapsed for 1 See Ninth Report of this Commission, Part ii., 1884, p. 181. 2 See p. 16. 62 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of which they ought to account for and pay the same, and have, neverthe- '^Obmojtoe l esse > contrary to the duty and trust reposed in them, devided all or the — * most of the profits amongst themselves without regard had to his Majestie's third part. May it therefore please your Grace to order and require the said Registers, and every of them, without further delay to account for and pay over the said third part, according to his Majestie's gracious intentions, and that (in case they fayle therein) his Majestie may sequester the said office and the profits in such reasonable persons' hands as he shall thinke fit and that his Majestie's Atturney- General, if need be, may not only cause them effectually to be prosecuted for the same, but also for the breach of the said provisoe and condition in their letters patents, to the avoyding of the said office and recovering of the profits thereof already received and wrongfully detayned and converted to their owne uses. And your petitioner shall ever pray, etc. " Dublin Castle, 15 April 1668. — Uppon consideration had of this petition, and the several orders and directions heretofore given concern- ing the matter within mentioned, by us, we doe hereby strictly require the within named Registers, George Phillipps and John Jeffreys, Esquires, and their respective deputies, and every of them, forthwith to accompt for and pay his Majestie's third part of the profits of their office according to the clause in the Act of Explanation and the provisoe and condition in the letters pattents granted unto them of the said offices wherein they have hitherto fayled. And in case they refuse or neglect so to doe, we pray his Majestie's Commissioners for executeing the Act, of Settlement and Explanation, and his Majestie's Atturney- General, and every of them, to cause such further effectual proceedings to be had therein for the securing of the moneyes which are or shall growe due out of the said office, and also for the recovery of the same by seizure, se- questration, suite, or by any other lawful wayes or meanes, as they shall finde necessary and just. — Ormonde." Keane Carroll, 1 f ■ a poore Dominican Fryer." — " That your poore suppliant, uppon the third day of September, 1666, was and hath been a prisoner in the custody cf the Sargeant-at-Armes, where he remaineth in a most sad and deplorable manner, haveing noe way to mainteine himselfe in that languishing condition only what charitable Christians are seldome pleased to bestow on him, through meanes whereof your suppliant will undoubtedly perish, if not by your Grace (at whose feete hee casteth himselfe prostrate for redresse) speedily releived. The premisses considered, and forasmuch as your supliant ever yet hath been a faithful and loyal subject to his sacred Majestie King Charles the Second, and to his predecessors, and never acted anything prejudicial to the Crowne of England, but still true allegience and faith doth beare to the same, nor never guilty of that crime to deserve such tedious im- prisonment : May it therefore please your Grace, of your wonted mercy to the distressed, to order that your suppliant may bee set at liberty, giveing good security that he shall be forthcomeing whensoever called upon. And your petitioner shall pray, etc. " Dublin Castle, the 13th of April 1668. — The petitioner with sufficient suretyes giveing bond of the penalty of five hundred pounds sterling to the Clerke of the Councel, to his Majestie's use, with condition that, within two moneths after he shall be set at liberty and discharged out of the restraint wherein he now is, he shall be transported out of this king- dome, and not returne into any part of this said kingdome without ly cense of the Chief Governor or Governors thereof for the time being ; 1 See p. 74. HISTORICAL MANUSCRIPTS COMMISSION. 63 uppon certifycate of the said Clerke of the Councell of the giveing such mss. of bond, the Sergeant-at- Amies, in whose custody the petitioner doth re- op^okISJnde. maine, is to set him at liberty, [he] paying his fees. — Ormonde." — ■ James Jones. — Lands of Newtown, and rents, etc. accruing from lease to Thomas Boyd.— 13 April 1668. John Green, brewer, Dublin, and Alice Malory, alias Hughes, widow. — Recovery of money due by John Harrison, Sergeant in the Battle Axe guard. — 15 November 1668. John Prinne, brewer. — Becovery of debt from Lieutenant -Colonel Lisson, Adjutant- General. — April 1668. William Dutton, Captain. — Compensation for services, and reimburse- ment of money expended for the use of militia raised by petitioner in the county of Donegal. — 24 April 1668. Christopher Blackburne. — Becovery of money due for sheep sold to Leonard Ladyman, butcher to the Earl of Arran's company. — 21 April 1668. Thomas Tyther, draper, London. — Becovery of amount due by Cap- tain Robert Taylor, Governor of Duncannon Fort. — 23 April 1668. John Craige, merchant, Londonderry. — Leave to proceed against Lieutenant Thomas Evelyn, of Londonderry, for recovery of money due. —22 April 1668. John Bromfield. 1 — " That your petitioner in February last was com- manded by his master, Bichard Huish, merchant, who then had a vessel laden which was bulged on the sandes near Clontarfe, to goe aboard the same and not to permit any person to come into the said vessel without his master's privity, fearing the goods might miscarry, there being at the same time several persons that came downe at low water, both from the city and country, to take advantage of the ship- wreck. That there were other merchants' goods then aboard the said vessel, and, in the great confusion which the storme and ill weather occasioned, there came several carmen from the citie of Dublin, and would forcibly enter the said vessel without giving your petitioner any accompt who imployed them, or what their busines was. That thereupon there grew a very hot dispute between Captain Roger Moore, your petitioner, and divers others, about the boarding of the said vessel, and that in the affray one Aspine, a carman, got a disas- strous stroake on the head, whereof he dyed soone after, by whose hand your petitioner knoweth not. That the said Captain Moore and your petitioner were this present terme tryed for the said fact in his Majestie's Court of Chief Place and the said Captain Moore by a verdict acquitted, and your poore petitioner found guilty of manslaughter. That there was in the affray aforesaid a person unknowne, who, since the death of the said Aspine, is fled and would not abide his tryal which if he had appeared might probably have freed your petitioner, from the sentence which he must now expect from that honourable Court, unlesse your Grace's mercy and clemency interpose. May it therefore please your Grace to grant your order of reference to the honourable the Judges of the said Court, before whom your petitioner received his said tryal, to the end they may certify your Grace how the matter appeared to them upon the tryal and whether your petitioner be a fit object of his Majestie's mercy to obtaine a pardon for the burning of the hand ; and, in the meane time, that your Grace will be pleased 1 See p. 64. 64 HISTORICAL MANUSCRIPTS COMMISSION. mss. of to respite the judgement of the said Court, your petitioner being but a Ormonde. y° utn of seventeen yeares of age. And he, etc." " Dublin Castle, April 24th 1668. — We pray our very good Lord, the Lord Baron of Santry, 1 Lord Chief Justice of his Majestie's Court of Chief Place, or the rest of the Justices of the said Court, before whom the petitioner received his tryal, to certify us how the matter of fact did appeare unto them uppon his tryal, and whether they conceive him to be a fit object of his Majestie's mercy, and to the end the petitioner may have time to solicite the certifycate of the said Judges therein, the burning of him in the hand is to be respited, till the last day of this tearme. — Ormonde.'' Ann, widow of Abraham Vaughan. — Recovery of debts from Lieu- tenant Francis Hutton and Ensign Edward Courtenay. — 1 May 1668. Andrew Hewetson, condemned prisoner in ^Newgate, Dublin. — Pardon for having stolen boot-legs. — I May 1668. William Hamilton. — Leave to sue Christopher Short, of Lord Berkeley's troop, for rent and taxes of lands in the King's county. — 2 May 1668. Owen Okive. — Pardon for felony. — 5 May 1668. Edward Griffith and William Woodruffe. — Arrears for service in Colonel Redman's troop. — 6 May 1668. Calendar of Petitions addressed to Thomas, Earl of Ossory, Deputy to James, Duke of Ormonde, Lord Lieutenant of Ire- land, 1668-69. Edmond [Butler], Viscount Mountgarrett. — " That your petitioner's tenants being dayly disturbed by Richard Coote, who, for the more terryfy- ing of them, hath imployed one Dennis Foy, of your Excellence's troop, to take up distresses, who hath seized on some of the tenants' cattle for rent which the said Mr. Coote had noe right or pretence unto. That inas- much as the example may prove mischeivous for any person on the like occasion to make use of the power of any of the army under your Ex- cellency's command to put in execution what they cannot justify by the lawes of the land, and that by such proceedings your petitioner is in danger to have a great part of that little fortune he hath in those parts left waste : May it therefore please your Excellencie to prescribe some present course [by which] the person soe offending may receive condigne punishment and afford unto your petitioner such releife herein as to your wisedome shall be thought meet. And he shall pray, etc. " Dublin Castle, 6 May 1668.— Sir George St, George, Knight, who under us doth command the troop within mentioned, is to examine this matter, and, if he shall finde the allegations of this petition to be true, he is to dismisse the within named Dennis Foy out of the said troop and leave the petitioner to take his legal remedy against him. — Ossory." John Bromfield. 2 — " The certifycate of Sir William Aston, Knight, and Thomas Stockton, Esquire, two of his Majestie's Justices of his Court of Chief Place. — Sheweth : that this present Easter Terme, Roger Moore and the within petitioner, John Bromfield, were indicted before us in his Majestie's Court of Chief Place for the treasonable murder of one John Aspin, a carman, and upon their plea of not guilty the jury (who past uppon their tryal) found the said Roger Moore not guilty generally, and the said John Bromfield not guilty of murder, but guilty of manslaughter, which we conceive upon consideration of the evidence was the utmost extent 1 See p. 2. 2 See p. 68. HISTORICAL MANUSCRIPTS COMMISSION. 65 of the fact • and uppon allowance of clergy, the benefit whereof he prayed, mss. of read as a clerke, and is now in obedience to your Grace's above order, opOemokde respited from burning in the hand, which falling out to be the utmost -* — punishment due to his offence, we are humbly of opinion that he., being a very young man, in nature of an apprentice or servant to a merchant, may therefore be a fit object of his Majestie's mercy in pardoning thereof. All which we humbly never thelesse submit to your Grace, this 24th of April, anno regni Regis Caroli Secundi, Anglian, etc., vicesimo, annoque Domini, 1668. — W. Aston, Tho. Stockton. « Dublin Castle, the 6th of May, 1668.--Uppon consideration of the foregoing certifycate of Sir William Aston, Knight, and Thomas Stockton, Esquire, two of the Justices of his Majestie's Court of Chief Place in this kingdome, before whom the petitioner, John Bromfield, received his tryal, we are pleased to extend his Majestie's mercy to the said John Bromfield as to the burning in the hand mentioned in the said certifycate, and we require his Majestie's Attorney and Solicitor General, or either of them, to draw up a fiant in due forme of law contayning his Majestie's gracious pardon to the said John Bromfield for the eaid burning in the hand, and a pardon also for his goods forfeited by his conviction, and to insert therein all such clauses and non-obstantes as in like cases are usual, and the said fiant, fairly ingrossed in parchment under their or one of their hands, to send unto us to be further passed as appertaineth. And for soe doeing this shall be a sufficient warrant. — Ossory." Robert Greenewell, agent of the Ironworkes 1 in the county of Wexford, in behalfe of John Morris and Robert Clayton, gentlemen, owners of the said workes, and of himselfe and other persons therein concerned. — " That your petitioner hath for these five or six yeares last past been imployed by the said Morris and Clayton as their agent for management of the said ironworkes, which, at their entrance uppon the same, were ready to fall to ruine, and by their stock and money had soe improved the same that they were in a hopeful way of settlement, not onely for re- imburseing the moneys advanced by Morris and Clayton, but also for the benefit of the partners and creditors who had any expectation from the successe thereof, and for the great advantage of the trade and releife of the poore of that county. But, soe it is, that one Mr. Timothy Stampe of late hath by confederacy with several persons, his servants or dependants, entered forceably upon the said workes and lands belonging to the said Morris and Clayton, under colour of a writ out of the Court of Exchequer erroneously issued, and not onely turned out the said Morris and Chi y ton and their agents from the possession thereof, a con- siderable part whereof he as yet detaynes from them, notwithstanding the said Court hath since, for the irregularity of the said writ, reversed and anulled the same, but also the said Mr. Stampe hath seized and disposed of five or six thousand pounds' worth of the said Morris and Clayton's iron and goods which he had no pretence to by the said writ ; and, that which is more strange and insupportable, hath without any reason broken open several trunkes, lockes, and keyes belonging to your peti- tioner, Robert Greenewell, and his servant, and taken away their proper money es and goods to a considerable value, with necessary bookes and other papers, whereby to disable them to make up their accompts according to the trust reposed in them. That the said Stampe gives out in speeches (as your petitioners are credibly informed) that he feares not what can be done against him, presuming uppon your Excellencie's 1 The Wexford ironworks are not among those mentioned by Boate in his treatise on Ireland published in 1652. u 84058. E 66 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of favour for his protection, and the Castle of Dublin for his shelter, which Ormonde. y° ur petitioners (though they are far from beleiveing your Excellencie — ■ would give countenance to any such persons or actions) are apt to credit he too much relyes on, seeing he stands out in contempt of orders of Chancery and lies lyable to several just actions at law, as well criminal as civil, all which he evades by reason of his present reception in the said Castle. Wherefore your petitioners humbly pray that the paid Mr. Stampe may be left at large to answer the proceedings of law, and that your Excellencie will take such speedy course therein as to your wise- dome shall seeme meet. And your petitioners shall pray, etc. " Dublin Castle, 6 May, 1668. — Let this petition be shewed to Timothy Stampe, within named, who is required to shew us cause in writing (if any he can) why the request of the petitioners should not be granted. — Ossory. " Dublin Castle, 18 May, 1668. — Timothy Stampe, within and above named, having by his answere in writeing to the within petition alledged some things for cause why the request of the petitioners should not be granted, which doe not give us any gound to hinder the petitioners from their legal remedy against him, whatsoever he may pretend : we thinke not fit that he be sheltered or any way protected in this Castle against any demands which they have against him. And therefore we doe hereby declare that if he lodge or be sheltred in any part of this Castle, any of his Majestie's officers or ministers are at liberty to come into the said Castle and therein execute any legal process against the said Stampe without any opposition to be thereunto given; whereof all persons whom it may concerne are to take notice. — Ossory. " This Order was written on the backe of the petition under the above order for Mr. Stampe to shew cause/' John Morgan. — Order to Henry Brereton to lodge with the Clerk of the Council, pending proceedings, amount claimed by petitioner for salary as Commissioner of Valuation in Connaught. — 7 May, 1668. Michael Smith, 1 "keeper of Sherwood Park." — Assistance from William Durham, of the Duke of Ormonde's Companv. — 4 May, 1668. Officers and soldiers garrisoned at Clonmel. — Order to Mayor to pro- vide sufficient and convenient quarters for petitioners. — 7 May, 1668. Thomas Malbone and Margaret Malbone, executors of Ralph Malbone. — Recovery of debt from Alexander Platifoot, of Lord Dungannon's troop. — 9 May, 1668. David Sollom, merchant, Dublin. — Recovery of debt from Robert FitzGerald, Lieutenant of Viscount Shannon's troop. — 13 May, 1668. Izack Cray and Walter Walsh. — Recovery of amount due for quarters, from Edward Butler, clerk to troop of Lord Atherdee. — 18 May, 1668. William Flanegan. — Recovery of debt from William Anthrobus, of Athlone, inn-keeper and member of Lord Berkeley's troop. — 16 May, 1668. John Shepheard and Frances his wife. — Recovery of amount due by Sir Daniel Treswell to John Mitchell, deceased. — 11 May, 1668. 1 See p. 35. HISTORICAL MANUSCRIPTS COMMISSION. 67 John Jephson, Colonel. — Eemoval of cheque on his own pay, and that mIbquis of two soldiers, while absent, by license of the President of Munster, in p Ormoxdb. order to settle his affairs as one of the 1649 officers. — 20 May 1668. John Black and George Squire, merchants, Londonderry. — Recovery of money lent to Lieutenant Norris Cane of Captain Moreton's company. —21 May 1668. . Edward Griffith. — Recovery from Francis Hulton, Lieutenant to Colonel Humphrey Sydenham's company, of money paid for goods supplied by Edward Rooth, of Kilkenny. — 25 May 1668. Robert Brise, Esquire.— Praying that Archibald Moore, for whose appearance at the suit of Alexander Moore petitioner had given security may be attached, notwithstanding his having enlisted. — 28 May 1668. Roger Pemberton, <{ administrator of the goods and chattels of Major John Leake, deceased." — " That Major John Leake in his lifetime and Thomas Tillson, Esquire, were by an order of his Grace the Lord Lieutenant and the Councel, dated the 28th of April, 1664, authorised as his Majestie's agents and commissioners to demand, receive, and bring into his Majestie's Chief Remembrancer's Office of the Exchequer all forfeited bonds due to his Majestie for tunnage and poundage and the dutyes of Excise and new impost since the 30th of January, 1648 [-9], and to prosecute the same, and all other bonds there remaining in his Majestie's said Court, for which service they were allowed 200/. a peece per annum, to be paid quarterly. Now it may please your Excellencie the said Major Leake and Thomas Tillson did jointly petition his Grace the Lord Lieutenant and the Councel for 300/. as satisfaction of three quarters of a yeare's salary due the 29th of September, 1665, and obtained a warrant of concordatum to his Majestie's Vice Treasurer to pay to Thomas Tillson 150/., and to the executor or administrator of the said John Leake 150/., in all 300/., for three quarters salary due as aforesaid, takeing the acquittance of the said Thomas Tillson and of the executor or administrator of the said John Lake for a discharge. The said Thomas Tillson, by virtue of the said warrant, received the 150/. allowed to the administrator of the said John Lake and the same unjustly detaineth from your petitioner, who is administrator of the goods and chattels of the said John Lake ; neither hath your petitioner any remedy against the said Thomas Tillson, without your Excellence's lycense, he being a servant depending upon his Grace the Lord Lieutenant. May it please your Excellencie to grant your petitioner lycense to implead the said Thomas Tillson. And your petitioner, etc. "Dublin Castle, 23rd May, 1668.— Thomas Tillson within named is required within foure dayes' sight or notice hereof, to shew us cause in writing (if any he can) why the petitioner's request should not be granted. — Ossory." Edmond Kelly, tailor, Dublin.— Amount due by soldiers. — 23 May 1668. John Deacon, Esq. — Recovery of debt from Sir Francis Foulke. — 30 May 1668. Ensign Henry Bulkeley. — " That the petitioner, being provoked by one Stephen Radford, had the misfortune suddenly and in his owne defence to give the said Radford a wound, whereof he dyed, for which the petitioner being tryed in his Majestie's Court of Chief Place, be was found guilty of manslaughter and soe capable of the benefit of his clergy, and the penalty thereof being burniug in the hand, and he, being an officer in his Majestie's regiment of guards, doth most humbly beg that e 2 68 HISTORICAL MANUSCRIPTS COMMISSION. Marquis your Excellencie will be pleased to preserve him from that ignominious of Ormonde, brand, and to grant him his Majestie's most gracious pardon tor the said fact, and all forfeitures for the same, and until he may have time to passe such pardon, to rcspit his burning in the hand. And he shall ever pray, etc. " Dublin Castle, 1st June 1668. — The Judges before whom the petitioner was tryed are to certify us how the matter for which he was convicted did appeare upon his tryal, together with their opinion whether for the same they conceive him to be a fit object of his Majestie's mercy. And to the end the petitioner may have time to prosecute the reporte of the said Judges therein, the burning of him in the hand is to be respited until the eighth day of this moneth. — Ossoky." " To his Excellencie, Thomas, Earle of Ossory, Lord Deputy of Ireland, the humble certifycate of us, Sir William Aston, Knight, and Thomas Stockton, Esquire, two of the Justices of his Majestie's Court of Chief Place: — Sheweth and certifyeth that this day Ensigne Henry Buckley received his tryal before us, in his Majestie's said Court of Chief Place, for the trayterous murder of Stephen Radford and was (uppon full evidence of twelve witnesses then and there svvorne and examined for proofs of the said fact) found by the jury, who past uppon the said tryal, not guilty of murder but guilty of manslaughter ; which we humbly conceive was a verdict very suitable to and agreeable with the tenor of the evidence, and that therefore the said Mr. Buckley may be a fit object of his Majestie's mercy. All Avhich is humbly submitted to your Excellencie this first day of June, anno regni Regis Caroli Secundi Angliaj, etc., 20, annoque Domini 1(568, by your Excellence's most humble servants, Will. Aston, Tho. Stockton. "Dublin Castle, the 2nd of June 1668. — Uppon consideration of the foregoing certifycate of Sir William Aston, Knight, and Thomas Stock- ton, Esquire, two of the Justices of his Majestie's Court of Chief Place, we are pleased to extend his Majestie's mercy to the petitioner Henry Buckley. And we require his Majestie's Atturney and Solicitor- General, or either of them, to draw up a fiant in due forme of law, contayning his Majestie's gracious pardon to the said Henry Buckley for the fact in the said certifycate mentioned, and all paynes, penaltyes, and forfeitures, whereunto the said Henry Buckley by reason of the said fact is lyable, and inserting therein all such clauses, provisions, and non obstantesas in like cases are usual, and the same, fairly ingrossed in parchment uuder their or either of their hands, to send unto us to be further passed as appertaineth. For doeing whereof this shall be a sufficient warrant. — Ossory." Nathaniel Hinson. — Re-admission as Corporal in Captain Gilbert Swinhoe's troop. — 3 June 1668. Peter Wybrants, Alderman. — Recovery of debt from John Griffith, Town Major.— 1 June 1668. Richard Corson. — Recovery, from Corporal Robert Taylor, of arrears of rent due on lands in the county of Tyrone, or possession thereof. — 2 June 1668. John Edwards. — Leave to sue Colonel Gary Dillon for recovery of debt.— 28 May 1668. Henry Hemsworth, and Mary his wife. — Leave to proceed against Sir Arthur Chichester and Captain John Chichester for ravishing their daughter Elizabeth Rumney, and for other violences.- -6 June 1668. Roger Pemberton, administrator of Major John Lake, Commissioner for bringing forfeited bonds, etc. into the Chief Remembrancer's office. HISTORICAL MANUSCRIPTS COMMISSION. 69 — Replication to answer of Thomas Tillson respecting disposal of Major ma S rqc?s Lake's salary. — 8 June 1668. or Ormonde. John Stephens, clerk. — Recovery of debt from Henry Brenn, a member of the army. — 6 June 1668. Mary Swaile, widow. — Recovery of amount due to petitioner's late husband by Major Richard Bingley, of Londonderry. — 30 May 1668. Colonel John Fitz-Patrick. — " That your petitioner being decreed to his estate by the Commissioners for executing the Declaration, the persons possessed thereof held the same, under colour of priviledge of Parliament, until the said Declaration was passed into an Act, and the priviledge taken away, yet during that time paid noe quit-rent, which is now charged on your petitioner, although the then proprietors ought to pay the same. That your petitioner having made surrender of his estate unto the Crowne so soone as he was quieted in the possession thereof, his Majestie, in consideration of the petitioner's services and sufferings, was graciously pleased to give your petitioner a new grant of his said former estate at the rents it yielded before the warre. Notwithstanding all which, and that the said lands were put out of charge, the same de novo is now in charge in the Exchequer. Your petitioner's humble request is that he may have your Excellence's order to the Barons of the Exchequer to suspend the leavying of any rents of your petitioner's lands until the next terme, by which time your petitioner will show sufficient cause to the said Barons why he ought not to be charged with the said quit-rents. And he will pray, etc. " Dublin Castle, 4 June, 1668. — We are pleased and doe hereby order that the quit-rent within mentioned be respited until the first day of the next terme; whereof all his Majestie's officers and ministers whom it may concerne are to take notice. — Ossory." Jerome Cheevers, merchant, Drogheda. — Recovery of debts from soldiers, with certificate. — 8 June 1668. John Shepheaid and John Bradock, clothiers. — Recovery of amount due by Captain Charles Fielding for clothes for his company. — 10 June 1668. Robert Swan. — Recovery of debts from soldiers. — 10 June 1668. Robert Sandys, Colonel. — Payment of moiety of ten months' arrears for service as Corporal of foot, with certificate. — 12 June 1668. Dame Catherine Newcomen. — Leave to sue Sir Thomas Newcomen, Lieutenant in Sir Arthur Forbes' troop. — 11 June 1668. Theobald [Taaffe], Earl of Carlingford, and Thomas, Lord Viscount Dillon. — "That his Majesty having heretofore by his royal letters signifyed his pleasure for freeing your petitioners' respective estates from quit-rents and all other charges other than such as the same were lyable unto on the 22th of October, 1641, whereupon by his Grace's orders the Court of Exchequer from time to time have respited the payment of the said rents till last Easter-terme, in order to the passeing of letters patents for dischargeing the said rents. And whereas his Majestie in Councell by his late gracious orders hath declared his royal pleasure, as a marke of his favour and bounty to your petitioners, to remit the said qnit-rents by letters patents, for passeing whereof particulars and the Auditor's eertifycates are in preparation and will take some time. Wherefore they humbly pray your Excellencie to be pleased to give order to the said Court of Exchequer to continue their orders of respit of the said quit-rents and other charges till Michaelmas term next, as hitherunto hath been done. And they will pray, etc. 70 HISTOKICAL MANUSCRIPTS COMMISSION. M^Sie " Dublin Castle, the 10th of June, 1668.— We are pleased that the of Ormonde, respit of the payment of the rents above mentioned be continued until the first day of Michaelmas terme next, whereof all his Majestie's officers and ministers whom it may concerne are to take notice. — Ossory." Ja. Banting, Ensign. — New warrant for arrears of pay due for service in Sir Ralph Willson's company. — 13 June 1668. Major Nicholas Bayly, 1 " Governor of the Islands of Arran and Boffin." — " That, by order of his Grace the Lord Lieutenant of this kingdome, two private soldiers out of every foote company in the army, were sent into the said Islands for the security and defence thereof, who, with the petitioner's company in guarrison there are to be commanded by the petitioner during their continuance in the said Islands. That, uppon the death or running away of any of the said commanded men, the petitioner hath, at a muster, supplyed the place of such soldiers dead or run away with other able and fit men, not only for keeping up the strength of guarrisons but to prevent the trouble, charge, and incon- venience which would insue by sending other soldiers from the several companyes from all the remote parts of the kingdome to supply such vacancies, but also by the consent of the several Captaines who are content to allow of such men as shall be so intertained by the petitioner while they shall continue in the said Islands. That, at the late muster there, the petitioner being then in England, the Muster-Master, accord- ing to former practise, inlisted two men instead of those sent out of the Earl of Mountrath's company, which places were then vacant, to which the said Earle did formerly consent and is still well content therewith. Yet his Lieutenant has chequed the said two men in the rolls for the said muster, pretending he should have sent a supply for those vacancies from the company, which (if at all) is scarce practicable, especially now when the soldiers are so much in arreare of pay. For relieife wherein, and preventing the like inconvenience and trouble in the future, the petitioner humbly prayes your Excellencie will be pleased to give order to the Muster-Master to allow the said two men soe entred at the late muster in the said Islands, and to impower your petitioner, for so longe time as the said commanded men shall be under his command in the said guarrisons, at a muster to fill up such vacancies as shall happen as aforesaid by admitting such able and fit persons as the Muster-Master shall approve of. And your petitioner, etc. " Dublin Castle, 18 May, 1668. — We pray our very good Lord, the Lord Baron of Kingston, 2 Lord President of the Province of Connaught, to consider of this petition and to certify us what he shall conceive to be fit to be done thereupon. — Ossory." " Dublin, the 13th of Jnne, 1668. — May it please your Excellencie, In obedience to your Excellence's commands of the 18th of May last, I have considered of the within petition and doe humbly conceive that upon the death or running away of any souldier sent from any particular company of foote of the standing army of this kingdome, to serve in the Isles of Arran, the officer commanding the souldiers ought to give notice to such respective Captain or other officer commanding the com- pany to whom the said souldiers so run away or dead, did formerly belong, to the intent the said Captain or the officer commanding in his absence may speedily supply such vacancies. And in case the respec- tive Captain, or his officer commanding, upon notice given as aforesaid shall not take speedy course to supply the vacancyes, I humbly conceive 1 See Ninth Report of this Commission, Part ii., 1884, p. 507. 2 Sir John King, created Baron Kingston in 1660. HISTORICAL MANUSCRIPTS COMMISSION. 71 it but reasonable the petitioner or the officer commanding in the said marquib Isles of Arran doe from time to time intertaine such men as shall supply of Ormonde. the places of such as shall dye, run away, or be disbanded. I further humbly conceive that the officer who did command in the Isles of Arran in the petitioner's absence, ought to have given notice to the officer of the Earle of Mountrath's company before he intertained any in the places of those dead or run away formerly sent out of that company. But because the Muster-Master inlisted the said men, and they have ever since done their duty, the checque imposed by the Earle of Moun- trath's Lieutenant ought to be taken off, and the two souldiers have their pay allowed them. All which is humbly submitted to your Excellencie by, may it please, your Excellencie's most obedient servant. — Kingston. "Dublin Castle, the 17 of June, 1668. — Upon consideration of the foregoing certifycate of our very good Lord> the Lord Baron of Kingston, Lord President of the Province of Connaught, we are pleased that the cheques within mentioned be taken off ; whereof the Muster-Master General is to take notice ; and we are also pleased that the rule by the said certifycate proposed be observed for the time to come. — Ossory." Edward Courtnay, Ensign to Colonel Thomas Coote's company. — Removal of "cheque" from his pay, for overstayed leave, caused by illness.— 15 June 1668. Luke Tomson. — Recovery of amount due by Captain Gilbert Raw son to petitioner as administrator to Robert Nicholson. — 2 June, 1668. Henry More O'Neale. — " That your petitioner, having noe other educa- tion or employment save what the late calamitous times of war and trouble afforded, lived alwayes in the condition of a souldier for the most part in his Majestie's service, and, after the war, having noe means of subsistence, haveing become guilty (as it proveth) of some actions which hath rendered him lyable to the censure of the law, which put your petitioner on his keeping until his Majestie's happy returne, when your petitioner expecting oblivion of his offences past, submitted himself to his Majestie's lawes and protection, and was for some time a horseman in his Majestie's standing army, and so continued until some persons, who had prejudice to your petitioner for some past actions, accused him before Sir Richard Kennedy, 1 at Lent Assizes at Dundalke, in 1664, for robbery committed in the late times, where- of your petitioner was found guilty. But the said Judge, upon the consideration aforesaid, (as the petitioner supposeth) did not proceed to judgment against your petitioner, who remained long in goale until the same happened to be broke by other malefactors, with whom your petitioner escaped. But being easily and quickly retaken, was for this offence likewise indicted and found guilty before the same Judge in Lent Assizes, 1666, who notwithstanding forebore as formerly to proceed to sentence your petitioner. In which condition your petitioner remained until Summer Assizes last at Dundalke, when he was sentenced for these causes by Sir Jerome Alexander, 2 who notwithstanding reprived him from time to time since, conceiveing your petitioner a fit object of his Majestie's pardon and mercy. May it therefore please your Lordship to consider your petitioner's long im- prisonment, sad condition, and the forbearance justly afforded your petitioner by his Majestie's Judges, and grant him a pardon for the said offences ; and to require the said Judge's opinion of your petitioner's case, 1 See p. 72. 2 See v. 49. 72 HISTORICAL MANUSCRIPTS COMMISSION. Mss. of and to order thereupon agreeable lo the condition of one of the greatest Vokmo^npe paupers Hveing, that the said pardon may issue in forma pauperis. — And your petitioner, etc. " Dublin Castle, the 27th of April, 1668.— We pray the Judges, before whom the petitioner was tryed for the matters in this petition mentioned, to certify us how the same did appeare upon his several tryals particularly, together with their opinion whether they conceive the petitioner for those matters to be an object of his Majestie's mercy. — Ossory. " May it please your Excellencie ; in obedience to the above order of reference, dated the 27th of April last past, on the petition of Henry More O'Neile, I doe hereby certify that at an Assizes and general goale delivery held before me at Dundalke for the county of Lowth, the 27th day of February, the 17th yeare of his now Majestie's reigne, the said Henry, by the name of Henry More O'Neile of Dunbin in the county of Lowth, gentleman, was indicted, tryed, and found guilty of the felonicus assaulting and robbing of one Gawen Tippin, the 9th day of August, in the 12 yeare of his Majestie's reign, in the King's highway, ueare Dunbin aforesaid, in the county aforesaid. Whereupon, then and there demanded what he could say for himselfe why judgment of death and execution thereupon should not be awarded against him, the said Henry did then and there plead the Act of Indempnity of England. Whereupon the Court did then advise and did respite the giveing of judgment against him upon the said plea until the next assizes follow- ing. I also certify that T finde that at an Assizes and general gaole delivery, held before ire at Dundalke for the county aforesaid, the 18th day of March, the 19th yeare of His Majestie's reigne, the said Henry More O'Neile was indicted, tryed, and found guilty of the felonious breaking of bis Majestie's gaole at Atherdee 1 in the said county, and makeing his escape out thence the 16th day of December in the said 12th yeare of His Majestie's reigne, being in the said gaole for the fact aforesaid. Whereupon the court did then also respite judgment against him, the said Henry, until the next assizes to be held for the county aforesaid. All which I humbly certify this 8th day of May, 1668. — Richard Kennedy. "Dublin Castle, the 12th of May 1668. — We did, by our foregoeing order of reference of the 27th of this last moneth, given on the within petition of Henry More O'Neile, direct that the Judges before whom the petitioner received his tryal should not only certify us how the matters in the said petition mencioned did appeare upon his several tryals particularly, but also their opinion whether they conceived the petitioner for those matters to be an object of His Majestie's mercy. But by the certificate of Sir Richard Kennedy, Knight and Baronet, second Baron of His Majescie's Court of Exchequer, before whom the petitioner was tryed, we finde not that there is any opinion certifyed, as by our said order was required ; wherein we conceive the said certifycate to be short and expect that the same in that point be supplyed. — Ossory. " May it please your Excellencie : In obedience to the above order, I doe humbly certify that the within petitioner; Henry More O'Neile, is altogether a stranger to me. But having made inquiry [I] doe finde by the relation of persons of credit and quality that they judge him to be a fit object of his Majestie's mercy. All which I humbly certify this 8th day of June 1668. — Richard Kennedy." 1 Ardee, in County of Loulh. HISTORICAL MANUSCRIPTS COMMISSION. 73 u Dublin Castle, the 19th of January 1668 [-9].— Uppon consideration S^J* al of the several within certifycates of Sir Richard Kennedy, Knight and op Ormonde. Baronet., second Baron of his Majestie's Court of Exchequer in this kingdome, we are pleased that the petitioner, Henry More O'Neile, giving security of the penalty of one hundred pounds sterling, before the next goeing Judges or Judge of Assize for the county of Louth, that within six weekes after he shall be set at liberty out of the restraint wherein he now is, he shall ship himstdfe for the Barbadoes and not come on shore until he shall be landed there, uor returne into this king- dome without the lycenee of his Majestie or the Chief Governor or Governors here for the time being, uppon certifycate of the said Judges or Judge of the giving such security, the Marshal or other officer in whose custody the petitioner doth remaine shall set him at liberty. — Ossory." Philip Harryes. — Leave to sue Sir Francis For.lke and other members of the army. — 25 June 1668. Francis Simpson. — Leave to sue William Supple, Lieutenant to Oolonel John Jephson's company. — 25 June 1668. George Sweeting. — Restoration to his former post, a3 Sergeant, in Colonel John Butler's company. Henry Mengh. — Leave to proceed against James Benson, of Captain Moreton's company; and stoppage of Benson's pay to meet damages. — 10 June 1668. Rebecca Proctor. — Removal of cheque from arrears of pay due to her late husband for service as trumpeter in Sir Oliver St. George's troop ; with certificate. — 27 June 1668. Lieutenant Edward Brabazon, late Lieutenant to troop of Lord Glenaully. 1 — Removal of cheque from pay due to date of petitioner's resignation. — 13 July 1668. Thomas Drackford. — Arrears for service as Sergeant to Sir Thomas Fortescue, of Carrickfergus ; with certificate. — 13 July 1668. Francis Hutton, Lieutenant. — Removal of cheque placed on peti- tioner's pay, at the instance of Edward Griffith ; and permission for GJriffith to proceed at law. — 14 July 1668. Edmund Bradshaw, John Higgins, and Henry Joyce. — Arrears for service in the life-guard. — 15 July 1668. Francis Williams. — Payment of ten months' arrears due to petitioner as trooper under the command of Sir Theophilus Jones. — 23 July 1668. John Rogers, late Corporal in Lord Conway's troop. — Payment of ten months' arrears. — 20 July 1668. John Kelly, brewer. — Recovery of amount due by Thomas Freeman, Sergeant in Major Beversham's company. — 22 July 1668. Richard Parley, Lieutenant, and Ensign William Littell, of Sir John Stephen's company. — Payment of half of their ten months' arrears. — •18 July 1668. Anthony Stowell, Kinsale. — Recovery of debt from James Hibbins, Sergeant in Colonel Howard St. Leger's company. — 27 July 1668. William Barker, burgess of Wexford. — Leave to proceed against Ensign Pollexfen for assault. — 6 June 1668. Hugh Hamilton, Baron of Lunge in Sweeden, and of Glenawly in Fermanagh. 74 HISTORICAL MANUSCRIPTS COMMISSION. Marquis Theobald [Taaffe], Earl of Carlingford. — Exemption of his estate op Ormonde, from the three-penny rate. — 31 July 1668. Francis Tuke, Corporal, and James Kelly. — Payment of ten months' arrears for service in Sir William Meredith's troop; with certificate. — 4 August 1668. Richard Andrew. — Permission, as hitherto, to have the care of his brother-in-law, Peregrine Prittie, said to be dumb and idiotic, on the ground that his interest in lands in Carlow, held in Prittie's name, would be injuriously affected if the latter were made a ward of the King. — 5 August 1668. John Boys and Robert Dodson, farmers for the granting of licences. — Recovery of Excise duty from members of the army retailing beer, etc., in Dublin. — 6 August 1668. Robert Tompson. — That Richard Doggett is indebted to your petitioner in ±'10 for dyet and lodging for himselfe, wife, etc., and is able to pay the same, but denieth soe to doe, and being one of the company on board the pleasure -boa te, the petitioner has noe remedy against him, and therefore prayes be may be ordered to satisfy the petitioner or left to law. And your petitioner, etc. " 10 June 1668. — Referred to Sir Robert Byron, to heare both partyes and examine the business and end the difference by consent if he could, or else certify what should appeare unto him. — Ossory. " In obedience to your Excellence's reference of the 10 of June, I called the partyes before me, to examine the matter in difference betwixt them, where being met, the defendant confessing the debt, they of them- selves came to an agreement, to both their satisfactions. But since then the defendant absents himselfe and will not be found to performe what he of himselfe undertooke. All which I doe humbly certify this first of August 1668, — Rob. Byron. " Dublin Castle, the 4 of August 1668. — If Richard Doggett, against whom the petitioner doth complaine, shall not within six dayes after sight or notice hereof performe the agreement mentioned in the foregoeing certificate of the Master of the Ordnance, we leave the petitioner at liberty to take his remedy against him, by due course of law, notwith- standing any priviledge to which he may pretend by reason of his imploy- ment in the vessel within mentioned. — Ossory." Robert Tompson. — Recovery of amount due for quarters by James Tobyn and George Lyndon., of the guard of horse. — 4 August 1668. George Phillipps, farmer of the hearth-money, Ulster. — Leave to sue Arthur Mulhallen, of Lord Dungannon's troop, for hearth-money collected by him.— 6 July 1668. Shane O'Birne, alias O'Bryn. — Certificate recommending him to mercy, after conviction for burglary at Drogheda. — 8 August 1668. Lord John Butler. — Praying that the Commissioners of Excise may be ordered to pay amount assigned on them for maintenance of the troop of guards. — 10 August 1668. Keaue Carroll. 1 — " That your petitioner, a Dominican fryer, continued close prisoner nineteen moneths, until, at the end thereof, paying £20 fees he was set at liberty to relinquish the kingdome the 15th of this instant August, uppon entring security. That, by reason of his owne sicknes and disability of his friends at present to further him to performe the goeing out of the kingdome, he is not able to undertake any land or sea 1 See pp. 62, 74. HISTORICAL MANUSCRIPTS COMMISSION. 75 voyage without endangering his life, and also that he hath entred security MSS. oi* for his said departure. May it therefore please your Excellencie to grant opC^SSSde. your petitioner three moneths time for his better preparation to depart — the kingdome, he entring his said former security at the expiration thereof to doe soe. And your petitioner shall pray, etc. " Dublin Castle, the 10 of August 1668. — We are pleased that the time by the order of the Lord Lieutenant of this kingdome, uppon the petition of the petitioner, dated the 13th day of April last, appointed for the petitioner's departure out of this kingdome, be inlarged until the 15th day of November next, and that he may in the meane time continue in this kingdome, he giveing the same security with the same condition which formerly he did give that he shall, by or before the said 15 day of November aforesaid, depart thereout, and that whilest he shall remaine in this kingdome he shall behave himselfe inoffensively and as becometh a loyal subject, without acting anything contrary to the lawes and statutes of force in this said kingdome. — Ossory." " Earle of Carlingford. — We, the undernamed, are of opinion that so much of the within charge should be assigned unto the petitioner as the summetobe charged on his owne estate shall amount unto, to be allowed unto him out of the said estate by the receivors thereof, in regard it is well knowne to us that he hath on all occasions meritted the same and much more as by the Act intended ; which we humbly certify the 1st August 1668. — Milo Power. — Bob. Talbott. — Geff. Browne. — Athenry. 1 — N. Plunkett. "Dublin Castle, 10 August 1668. — Uppon consideration of the foregoing petition of Theobald [Taaffe], Earle of Carlingford, and of what is written under our order of the 31st of July last, given on the said petition, and subscribed by the Lord Baron of Athenry, Sir Nicholas Plunkett, Knight, Sir Robert Talbott, Baronet, Colonel Milo Power, and Geffry Browne, Esquire, and in pursuance of the Act of Parliament in the said petition mentioned, [we are pleased that so much of the within charge] shall be assigned to the petitioner as the summe to be charged on his owne estate shall amount unto, to be allowed unto him out of the said estate by the Beceivors of those moneys. — Ossory." James S wanton, farmer of Excise, county Kildare. — Becovery of Excise duty from several soldiers. — 8 August 1668. Arthur Roland. 2 — "That your petitioner by a former petition set forth that, concerning the abuse don to Mrs. Mary Ware by one James Shirley, an unjust information was given that your petitioner had to doe in that busines. But, upon your Excellencie's reference to Captain Shaw, he hath reported your petitioner so free from blame that he hath been serviceable to the gentlewoman therein, and your petitioner doth under- stand your Excellencie hath been pleased to restore the petitioner to his former capacity instead of one Edward Healy late deceased out of Captain Gilbert Swinhoe ? s troop of which your petitioner was. Your petitioner doth now humbly desire that he be not only restored to his former imployment, and to attend his duty here in towne, but that he may be allowed as of the last muster and receive his pay accordingly. And he, etc. " Dublin Castle, 2 July, 1668.— The Muster-Master General is to informe himselfe how this matter stands, and to certify us thereof, with his opinion of the petitioner's request. —Ossory. " May it please your Excellencie : There being one entered, by order of the Lord President of Munster, at the muster of Captain Swinhoe's troop 1 See p. 1. 2 See p. 50. 76 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of in March last in the place of Edward Ilealey dead, I humbly conceive it ot Ormonde, fit that Morgan Madden, who was entred uppon the discharge of the petitioner, be dismissed, and the petitioner readmitted into the said troop, and as one of the commanded men in this cit tie, and allowed from the last day of June last. All which I humbly submit to your Excellencie's pleasure. Dated the 30th day of July 1668. — Abraham Yarneh. 1 " Dublin Castle, the 13th of August 1668.— Upon consideration of the above certifycate of the Muster- Master General, we are pleased and doe hereby order that Morgan Madden in the said certifycate named be dis- missed out of the horse troop under the command of Captain Swinhoe, and that the petitioner, Arthur Rowland, be re-admitted into the said troop, and as one of the commanded men in Dublin, and allowed from the last day of June last ; whereof as well the said Muster-Master as all other officers whom it may in any sort concerne are to take notice. — Ossory." Thomas Digby. — Order as to recovery of ten months' arrears due to some soldiers of Sir Francis Hamilton's troop, and assigned to petitioner on foot of amount due by them. — 10 September 1668. Charles DeTwitty. — " Complaineing of Edward Grimes, of the guard of battleaxes, for wrongfully arresting him, and other unjust troubles, to his great charge; and that the said Grimes being arrested, one Christopher, another of the said guard, did rescue him, tho' the petitioner had liberty to take his remedy by law against the said Grimes. Uppon which petition the petitioner is left to take his legal remedy against both the said persons. — 14 August 1668." John Wilkinson and Roger Bradshaw. — Order on petition for ten months' arrears for service in Sir Oliver St. George's troop. — 14 Sep- tember 1668. George Mathcw. — Compensation for horse taken by Samuel Ireland, a member of the army. — 17 September 1668. Major Robert Edgeworth, 2 Governor of Sligo. — " That one William Webb, deceased, being intrusted by the late usurpers in building the fort of Sligo, and haveing received several considerable summes of money for that use, the petitioner, at his comeing to garrison there, found a quantity of timber and certaine other materials that had been bought by the said Webb for the use of the fort, and which have ever since and still doe remaine there. That Captaine Henry Webb, pretending to the estate of the said William Webb, did claime the said timber and ma- terials, which really belong to the King. And there being lately a processe of green wax issued to the Sheriff of Sligo for £300 arreares of rent to his Majestie on the said William Webb's estate, the said Sheriff threatens to seise the said timber and materialls which belong to his Majestie, tho' the said William Webb left a very considerable estate in land now possessed by the said Captain Henry Webb, which is sufficient to answer the King. And the petitioner being able and ready to make appeare that the said timber, etc., was bought with the publique money and belongs to his Majestie, and is necessary for the use of the said fort, he prayes your Excellencie will be pleased to impower the petitioner to keep the same until the matter be further examined before your Excellencie, the petitioner heard therein, and that further order shall be given concerning the premises. And your petitioner, etc. " Dublin Castle, la September 1668. — Captaine Henry Webb within named is hereby required, within ten dayes after sight or notice hereof, 1 See Ninth Report -of this Commission, Part ii., 1884, p. 600. 2 See p. 1 1 . "historical manuscripts commission. to make answeare in writing to this petition, and to shew cause (if any MSS. of he can) why the timber and other materials therein-mentioned should f*Oki?oxde not remaine where they now are for his Majestie's service. And, until — we shall give further order concerning the said timber and other ma- terials, the same are not to be removed, but to continue in the place where they are ; whereof as well the Sheriff of the county of Sligo as all others whom it may any way concerne, are to take notice. — • Ossory." Patrick Tweedy. — Recovery of amount due by Edward Bolton, of Colonel Dillon's troop. — 19 September 1668. Teige Fitzpatrick. — " That one David Corcran, of Colonel Dillon's troope, hath for three yeares robbed him of his corne and other move- ables in the King's County, to weary your petitioner of his farme. May it please your Excellencie to require the said Corcran to desist troubling your petitioner, and that the said justices of peace in the said county may be directed to apprehend him and binde him to the good behaviour. And your petitioner, etc. " Dublin Castle, 19 September 1668.—" We thinke not fit to give any other order upon this petition than to leave the petitioner at liberty, as hereby we doe, to take his remedy by due course of law against the within uamed David Corcran, notwithstanding his military capacity. — Ossory." Richard Grey. — Recovery of amount due to petitioner and Elizabeth Tipping by Joseph White, of Lord Anneslev's troop. — 24 September 1668. George Cooke, of Irishtown, county Kildare. — Quiet possession of rectorial tithes of StrafFan, (leased to petitioner by Sir Thomas Arm- strong's former agent), notwithstanding new lease to another party by the present agent ; and praying that the latter may he prevented from employing soldiers to take possession of same under the new lease.—- 23 September 1668. Nathan Bentley, of the parish of St. Nicholas within-the-walls, Dublin. — Recovery of amount advanced to Captain Iiungerford for the use of his men. — SO September 1668. John Freeman. — Recovery from Colonel Willoughby, of money lent to Marmaduke King, deceased, of his company. — 29 September 166S. John Andrewes, prisoner in Maryborough, Queen's County. — Leave to proceed against John Short, a soldier, for having conveyed to England a person liberated on bail, against whom petitioner had an action for debt pending. — 28 September 1668. John Boyse and Robert Dodson, farmers for granting licenses, plaintiffs; Thomas Glassopp, defendant. — Affidavit of service of order on defendant, requiring him to give the satisfaction demanded, etc. — 2 October 1668. "William Wright. — Certificate and order on petition for ten months' arrears due for service as Sergeant to Colonel CecilPs company. — 2 Oc- tober 1668. Nathaniel Philpott. — Recovery of amount due by Captain Robert FitzGerald, of Lord Shannon's troop. — 7 October 1668. William Webb. — " That your petitioner was lately actually possessed, by vertue of an assignment from John Baxter, Esquire, now Comptroller of your Lordship's Household, of a mannor and lands in the barony of Satoath and county of Meath called Donamore and Bullstowne, on 78 HISTORICAL MANUSCRIPTS COMMISSION. Ia-rqui3 F of which your petitioner had the last harvest 30 acres of wheate-corne, Ormonde. 30 acres of meslin, and 20 acres of beare-corne, together with 10 acres of March beare barley, and oates, whereof he hath been dispossessed by the said John Baxter. Now forasmuch as your petitioner is left in a most sad and deplorable condition, scarce able to releive himselfe, his wife, and their six small children : May it please your Excellencie to grant your order for the sueing of the said John Baxter, that your petitioner may take his due course in law against the said John Baxter. And your petitioner, etc. " Dublin Castle, the 9th of October, 1668.— "The petitioner is at liberty to take his legal remedy against John Baxter, Esquire, notwithstanding any priviledge he hath by his dependency upon the Lord Lieutenant of the kingdome or upon us. — Ossoky." Gerard Irvine. — Recovery of amount due by Lieutenant-Colonel George Stewart.— 10 October 1668. Margaret, widow of Sergeant Jacob Bainbridge. — Payment of ten months' arrears due to her late husband for service in Sir Thomas Wharton's company ; with certificate and order. — 14 October 1668. Walter Ledwich, plaintiff ; Thomas Whitney, defendant. — Affidavit of service of order, requiring defendant to give satisfaction or to shew cause, etc. — 14 October 1668. Thomas Dicker. — Requesting discharge from Sir Arthur Gore's company, and permission to reside in Galway. — 6 October 1668. Anne Mathues. — Recovery from William, Lord Brabazon, of salary, etc., due to petitioner as his house-keeper. — 16 October 1668. William Toxteth. — Recovery of arrears of rent due by Alexander Shenton, of the troop of the Earl of Drogheda. — 20 October 1668. Henry, Viscount Kingsland. — Recovery of arrears of rent due by Captain Adam Molyneux. — 23 October 1668. Eleanor Lock, alias Dracott. — Recovery of arrears of rent due by John Lock, of the life guard.— 23 October 1668. Joseph Bunbury. — Recovery of debt from Robert McNeale, of the life guard.— 24 October 1668. Edward Briscoe, brewer. — Leave to proceed against John Sheppard, of the battle-axe guard, for defamation of character. — 24 October 1668. Edward Briscoe. — Recovery of amount due by William Potter, of the battle-axe guard. — 24 October 1668. John Thorpe. — Recovery of money lent to Robert Turner, of Dublin, a soldier in the Earl of Arran's company. — 24 October 1668. Richard Young, — Recovery of amount due by Robert Newcomen, Deputy Muster-Master, and John Lock, of the life-guard. — 26 October, 1668. Humphrey Bell and Richard Hacker, late of Captain Pigott's company. — Readmission to that company. — 27 October 1668. Henry, Earl of Thomond.— Corporals George Jaques, William Martin, and Benjamin Aidhouse, cf Colonel Cary Dillon's troop, to be restrained from disturbing, under an Exchequer acquittance, petitioner in Clare.— 27 October 1668. Martin Folkes, on behalf of the Earl of Anglesey. — Leave to proceed against Colonel Howard St. Leger, for the recovery of money, etc. HISTORICAL MANUSCRIPTS COMMISSION. 79 entrusted to him by Captain Donovan for the use of Lord Anglesey. — mss. of 23 January 1667-8.' o/oSk. Inhabitants of the parishes of Palrnerstown and Ballyfarmott [Dublin]. — > — " That your petitioners' estates lying convenient for graseing such cattel as come to be sould at Dublin, by which they have made most part of the profit out of their said estates, but your petitioners, and those that grase with them, have since the shutting in of his Majestie's Parke noe way to bring their cattell to the markett but through the cittie and suburbs of Dublin, in part of which the passages are so straight that the cattel give offence, and therefore some persons have killed several of them and others have been spoyled in the said streets, whereby the persons that formerly grased with your petitioners are discouraged and drive their cattel to more remote places, which causeth the petitioners' lands to lye waste. They, therefore, most humbly pray your ExcelJencie to give order that the petitioners may have liberty to drive such cattel as belong to or are grased on the lands of the said two parishes through the said parke entering at the south gate that leads to Killmainham, and so through the east gate that leads to Oxmantowne Greene, and that this liberty may continue for the space of foure moneths, your petitioners or they that drive through doing noe prejudice unto any of his Majestie's concernes in the said parke. And they, etc. 6( Dublin Castle, the 27th of October, 1668. — Uppon consideration of this petition, we are pleased hereby to grant the request thereof in such manner and for such time as is thereby desired, whereof all persons whom it may any way concerne are to take notice, and so allow the petitioners the benefit of this our order, provided that neither they nor any of them, nor such person or persons as shall be imployed by any of them in driving cattel through his Majestie's parke shall not doe any prejudice to his Majestie's interest therein. — Ossory." 2 Rowland Williams. — Recovery of rent arrears issuing out of lands in the county of Louth.— 27 October 1668. Keane Carroll. 3 — " That your Excellencie was pleased upon the exhi- bition of the annexed petition to inlarge the time of his departing out of the kingdome unto your petitioner until the 15th day of November next, as by your Excellencie's gracious order thereupon appeareth. Now, soe it is, may it please your Excellencie, that your petitioner's former insalubrity and weaknesse of body as yet continueing renders him unable without the manyfest danger of his life to expose himself to any travaile in this winter-like season. Which considered, and that your petitioner is very ready to give the same security and conditions which formerly he gave for his loyalty, inoffensive and civil behaviour and conformity to his Majestie's lawes and statutes in this kingdome : May it therefore please your Excellencie, for the tender mercy of God, and towards the safety of your petitioner's health, to grant him time, upon the said former security and conditions, to remaine in the kingdome until the last day of February next, and upon the renewing of his present bonds to order the cancelling of the former. And your peti- tioner, etc. " Dublin Castle, the 29th of October, 1668.— We are pleased that the time, by our order of the 10th of August last, inlarged for the peti- tioner's departure out of this kingdome, be further inlarged until the last day of February next, and that he may in the meane time remaine in 1 This petition is addressed to the Duke of Ormonde. 2 See p. 79. 3 See pp. 62, 74. 80 HISTORICAL MANUSCRIPTS COMMISSION. Marquis tn * s fci»g<"lome, Lc giveing to the Gierke of the Councel the like bond o^Ormokpk. and security which formerly he did give upon our order aforesaid, with condition that he shall, by or before the said last day of February, depart out of this kingdome and not returne thereinto without the lycence of the Chief Governor or Governors of this kingdome, which for the time shall be, in writing, to be first obtayned for such his returne, and that whilst he shall remaine in this kingdome he shall behave himselfe inoffensively and as becometh a loyal subject, without acting anything contrary to the lawes or statutes of force here, in which condition words are also to be inserted and to be part of the said condition, that if we, or other the Chief Governor or Governors aforesaid, shall order that the petitioner shall, before the said last day of February aforesaid, depart out of this kingdome, he shall depart accordingly within ten dayes after notice of such order shall in writing be left at the now dwelling-house of James Comerford, scituate in St. James's street without St. James's Gate in the suburbs of the citty of Dublin, and not returne thereunto without such lycence as aforesaid, and upon the petitioner's giveing such security as aforesaid, the bonds by him and his surety es formerly given to the Clerke of the Councel, in pursuance of our said former order, are to be cancelled ; whereof the said Clerke of the Councell is to take notice, and to cancel the same accordingly. — Ossory." Thomas Sandon and Mary, his wife. — Recovery of rent arrears due by Jason Whittroe, Quarter-Master in Captain Bertye's troop. — 30 October 1668. Robert Tennant, saddler. — Recovery of amount due by Edward Trevor, of Lord Dungannon's troop. — 2 November 1668. Erasmus Rippon, Sergeant-at-Mace, Wexford. — Leave to proceed against Ensign James Pollexfen for having assaulted petitioner while arresting him under a warrant. — 3 November 1668. Katherine Manwaring. — Permission to sue Thomas Bedborough, Quarter-Master in the Earl of Ossory's troop, for recovery of property in the Queen's County, left to petitioner by her late husband, Donagh Bray, and now wrongfully withheld by her daughter, Bedborough's wife.— 2 November 1668. Bryan Heyne, 1 farmer of Sheriff's Customs for cattle coming to market on the south side of the city of Dublin. — Praying that the order granting permission for cattle, grazed on the lands of the inhabitants of Palmerston and Ballyfarmott, to be driven through the Phoenix Park to Oxmantown Green, may be suspended. — 11 November 1668. Richard Lord. — Recovery of debt from Constantine Raven, of Viscount Shannon's troop. — 10 November 1668. Keane Carroll. 2 — « Dublin Castle, the 13th of November, 1668.— Having by our foregoing order of the 29th of October last directed that it should be part of the condition of the bond in that our order men- tioned that if we, or other the Chief Governor or Governors of this kingdome, shall order that the petitioner, Keane O'Carroll, shall before the last day of February next depart out of this kingdom, he shall depart accordingly within ten dayes after notice of such order in writing shall be left at the dwelling house of James Comerford. in our said order of the 29th of October aforesaid named, and not returne into this said kingdome without the lycence of us, or other the Chiefe Governor or Governors aforesaid, we are now pleased and doe hereby order that the tenn dayes' notice by that order directed to be left at the said house of » See p. 79. 2 See pp. 74, 79. HISTORICAL MANUSCRIPTS COMMISSION. the said James Comerford shall be and stand inlarged for thirty dayes ; whereof the Clerke of the Counsel, who by our order aforesaid is to take the bond with the condition thereby directed, is to take notice, and to draw the said condition accordingly. — Ossory." Nicholas Bayly, 1 Major. — Recovery of rent arrears from lands in the county of Louth, from James Smallwood, one of the Deputy Muster- Masters. — 10 November 1668. Randal [Fleming], Lord Baron of Slane. — " That whereas by the Act of Explanacion the Lord Lieutenant, or other Chiefe Governor of this king- dome for the time being, may assess any summe not exceeding three pence per acre profitable land, plantacion measure, or lands which is decreed to any person of the Popish religion, as by the same Act may appeare, your peticioner further sueth that your petitioner is in the assessing thereof overcharged, as your petitioner is to make appeare, and for redresse therein humbly petitioned his Grace the Lord Lieutenant, who thereupon ordered a respit thereof until further order that your Excel- lencie as your petitioner is informed issued orders for levying thereof on your petitioner's lands your petitioner still being overcharged and had no reliefe therein. Your petitioner's humble request to your Excellency is that your Excellency may be pleased to order a respit for the same until your petitioner be eased in the overcharge and be admitted to shew cause wherefore your petitioner should not pay the same. And your petitioner will pray, etc. " Dublin Castle, 16 November, 1668. — John Bence and Alexander Bence, Esquires, and such person or persons as are by them imployed to collect the money above mentioned, are to respit the leavying of any sum there on the petitioner's estate for the space of six weekes from the date hereof, to the end that, if the petitioner can in that time make it appeare to us how far and which way he is overcharged for the moneys above mentioned, we may give such further order for his reliefe as shall be found just. — [Ossory]." Arthur Chichester and John Chichester.— -Complaining of simul- taneous prosecutions carried on against them in different courts, con- cerning charges made by Henry Hemsworth and his wife ; and requesting that they may be prosecuted at Common Law only. — 15 November 1668. Pierce Martin, Captain. — Requesting to be examined touching Edward Harman's accounts — in connexion with which matter he was bound not to quit the kingdom — in order that he might speedily be able to leave on his own business. — 11 November 1668. Edward Butler, 2 Esquire, son of the Lord Viscount Mountgarrett. — " That your petitioner being accidently engaged in the wounding of one William Roberts, without any malice or evil will towards him, he, the said Roberts, shortly after dyed, and the petitioner submiting himselfe to his tryal for the fact was found guilty of manslaughter, and having had the benefit of his clergy, and reading as the law requires in like case, his judgement by law is burning in the hand, the petitioner humbly prayeth that your Excellencie will be pleased to extend his Majestie's mercy unto him and to grant him his Majestie's pardon for the said fact, and all penaltyes and forfeitures thereby incurred, and that, until he may have time to passe the said pardon, the burning of the hand may be forborne. And your petitioner, etc. MSs. o* Marqtjis of Ormonde. 1 See p. 70. n 84068. 2 See p. 82. F 82 HISTORICAL MANUSCRIPTS COMMISSION. MSS. op " Dublin Castle, the 19th of November, 1668. — We pray the Judges, of Okmonde. before whom the petitioner was tryed, to certify us how the matter for — which hee stands convicted did appeare upon his tryal, together Avith their opinion whether they conceive him to be an object of his Majestie's mercy. And to the end the petitioner may have reasonable time to solicit the report of the said Judges therein, the execution of the judgement of burning him in the hand is to be respited for the space of tenn dayes from the date hereof ; whereof all his Majestie's officers whom it may concern are to take notice. — Ossory." Viscount Mountgarrett. 1 — " That, in order to the raiseing of three pence per acre for the Irish Agents, your petitioner hath not bin onely overcharged for his estate that he possesseth in the county of Kilkenny, but also the said charge hath bin imposed on him for lands not in his possession, whereby your petitioner is like to be much prejudiced except by your Excellency relieved. Forasmuch therefore as it appeares by the annexed certificate 2 of the Sub-Commissioners that the persons in possession of the particulars therein mentioned ought to be taxed onely, and to the end that right may be done to your petitioner : It may please your Excellencie to order that your petitioner be not taxed with the said acrage money of any lands, for which the persons in possession of the same are already charged, and to respit the levieing of the said moneys until the matter be determined. And your petitioner shall pray, etc. " Dublin Castle, 17th November 1668. — Such persons as are con- cerned in the taxing, assessing, and leavieing the moneys above men- tioned are to take care that the petitioner be not charged upon account of those moneys any more nor otherwise than by the Act of Parliament concerning the same is directed and required. — Ossory." William Fitzgerald, Lieutenant-Colonel. — Recovery of debt from Lieutenant William Supple.— 30 March 1668. 3 George Houghton, merchant. — Recovery of amount due by Lord Power, a member of the army. — 25 November 1668. Baron of Dunsany. 4 — Renewal of order to Court of Exchequer. — 16 November 1668. 5 Edward Butler, Esq., son of Viscount Mountgarrett. — " That upon a late petition 5 exhibited to your Excellencie, you were pleased the 19th of this moneth to direct the Judges, before whom the petitioner was tryed in his Majestie's Court of Chief Place, and found guilty of the man- slaughter of one William Roberts accidentally wounded whereof he afterwards dyed, should certify your Excellencie how the matter appeared upon his tryal, with their opinion, and that the execution of the judgement for burning in the hand should be respited for ten dayes. But the Lord Chief Justice of the said Court being indisposed in health and not comeing to Court, and the other Judges being unwilling to report without his Lordship, the said ten dayes draw towards an end, and noe report like to be had during this terme. The petitioner humbly prayeth your Excellencie to in large the said respite until the last day of the next terme, before which time the petitioner doth hope to obtaine the report and opinion of the said Judges and to make himselfe appeare 1 Edmund Butler. 2 Not in the MS. 3 This petition is addressed to Ormoude. 4 Christopher Plunket, tenth Lord Dunsany. 5 See p. 81. HISTORICAL MANUSCRIPTS COMMISSION. 83 to your Excellencie capable of his Majestie's pardou for the said fact. Marquis And your petitioner, etc. op Ormonde. " Dublin Castle, the 26th of November 1668.— Upon consideration of this petition, we are pleased that the respite of the burning the petitioner in the hand for the matter above mentioned be inlarged until the last day of the next Hillary terme, whereof all his Majestie's ministers and officers, whom it may any way concern, are to take notice. — Ossory." Michael Harrison. — Eecovery of debts from Roger Smith, of the horse life-guards. — 26 November 1668. Captain Philip Carpenter. — " That your petitioner with others con- cerned in a [16]49 lott in the county of Mayo, whereunto Sir Arthur Gore had been tenant, he doth detayne the rent that was due from the terr tenants for the yeare before the same was sett out. That he hath taken from the petitioner's tenants by force one ayrey [eyrie] of hawkes of the said lands, and refuseth to give satisfaction for the same. They therefore pray your Excellencie to compel him to deliver the said rent, hawkes, and lands, or to give them liberty to take their course at law against him. And they, etc. " Dublin Castle, the 27th of November, 1668.— If Sir Arthur Gore above named shall not within tenn dayes after sight or notice heereof give the petitioner satisfaction concerning this matter, we leave the petitioner at liberty to take his legal remedy against him, notwithstanding his military capacity. — Ossory." John Warren. — Payment of moiety of ten months' arrears for service as Ensign to Sir Daniel Treswell; with certificate. — 6 November 1668. Thomas Boyd, merchant. — Recovery of amount due for wine by Charles Home, of the life guard. — 4 December 1668. Henry, Earl of Thomond. — Order on petition for preventing soldiers in Colonel Carey Dillon's troop from disturbing petitioner's tenants in Clare.— 8 December 1668. Stephen Keene. — Recovery of debt from Thomas Maguire. — 14 December 1668. Walter Kirkham Blunt. — Leave to sue Sir William Flower, and others, of the army, in order to recover possession of lands. — 15 December, 1668. Edward Veel and Anne Reading, executors of John Veel, late Cornet to Lieutenant-Colonel Moses Hill. — Payment of arrears. — 5 January, 1668-9. William Lane. — " That your petitioner loyaly served his Majestie in the fleet in the late war against the Hollander and French, and was one that discovered the plot 1 in May, 1663, to his Grace the Lord Lieu- tenant and to Sir George Lane, his Grace's Secretary, against Warren and the rest. That your petitioner is at present destitute of any employ- ment. May it therefore please your Excellencie to order that the petitioner may be admitted a souldier in what company your Excellency shall think fit in the regiment, whereby your petitioner may be further capable to serve his Majestie. And your petitioner, etc. " Dublin Castle, the 12th of January 1668[-9]. — Upon consideration of the within petition, we think fit and are pleased hereby to recommend the petitioner to the Earle of Arran, Colonel ; Sir William Flower, Knight, Lieutenant- Colonel ; and Sir John Stephens, Knight, Major of 1 In reference to this plot, see Eighth Report of this Commission, appendix, p. 502, and Ninth Report, appendix, p. 126. P 2 84 HISTORICAL MANUSCRIPTS COMMISSION. mss. os liis Majestie's regiment of guards, or any of thorn to be admitted a ^Ormonde, soiddier in any of the compauyes thereof wherein a vacancy shall first — happen. — Ossory." Edward Musgrave. — Arrears for service in troop of Lord Glenaully ; l with certificate. — 14 January 1668-0. Andrew Sterling. — Arrears for service in Lord Berkeley's troop. — 14 January 1668-9. Mary Welbancke, for her husband, Ralph Welbancke. — Arrears for service in the Earl of Mount Alexander's troop. — 12 January 1668-9. Sir John Ponsonby, Knight. — " A petition desireing to be excused from being Sherriff of the county of Carlow (to which he is named), in regard he is a councellor at law, and desires the benefit of that auncient priviledge. Referred to the Councell Board to bee considered there. — 28 January 1668 [-9]." John Bor, 2 of Dublin, merchant. — That your petitioner hath formerly paid to Lieutenant Carleton, one of the Lieutenants in the royal regi- ment, towards his quarters in the parish of Saint Kevan, severall weekeley summes amounting to fifty-foure pounds, ten shillings sterling. That there is but one yeare elapsed since your petitioner served his Majestic as Sheritfe of the county of Dublin, which he discharged loyaly and faithfully, to the best of his skill, but not without great charge and damage to his meane estate. That the said Lieutenant Carleton hath sent notice to your petitioner that he intendeth to quarter upon him now againe. The premisses considered, your suppliant humbly prayes your Excellencie would be graciously pleased to grant an order that your petitioner may be respited from quartering till your Excellence's further pleasure. And he, etc. " Dublin Castle, the 12th of January 1668[-9.] — If Lieutenant Carleton be quartered upon the petitioner, and that thereby the petitioner be over charged for quarter, the Seneschal or other officer who hath quartered the said Lieutenant upon the petitioner is hereby required to see that the petitioner be eased and that he be not charged with more than shall be equal and according to such proportion as other persons of his quality doe beare. — Ossory." Nathaniel Carr, Clonmel, merchant. — Recovery of amount due by William Tuksbury, senior, and William Tuksbury, junior, under the command of Sir Francis Foulke and Captain Butler. — 22 January 1668-9. John Freeman. — Recovery of debt from William Kennell, of Lord Shannon's troop.— 12 January 1668-9. Richard Barry. — Recovery of debt from Lieutenant Sir Thomas New comen. — 27 January 1668-9. Robert Thornhill. — Exemption from quartering Lieutenant Carleton. —28 February 1668-9. Keane Carroll, 3 u a Dominican fryer." — " That, upon a petition pre- ferred unto your Excellencie by the petitioner, the 29th of October last, in regard of the petitioner's weaknes of body and disability to travel beyond sea, your Excellencie was pleased to inlarge the former time appointed by your Excellencie for his departure out of this kingdom until the last day of this instant February, upon his giveing security to depart the kingdome by that time and not to returne without lycence of the 2 See p. 95. HISTORICAL MANUSCRIPTS COMMISSION. 85 Chiefe Governor or Governors for the time being. And the petitioner's MSS. of weaknes and disability still continueing, and like to hold longer, your 0F o1Sj!de. petitioner now most humbly beggeth that your Excellencie will be pleased — to grant him lycence to remaine in this Kingdome, he giveing sufficient bonds and security to appeare before your Excellencie or any other Governor within tenndayes after notice shall be left at the house of James Comerford in St. James's street, without St. James's Gate in Dublin, and that he shall at all times behave himselfe inoffensively and as becometh a loyal subject, without acting anything contrary to the lawes or statutes of this land, and on giveing such security, the former bonds given by the petitioner to be cancelled. And he, etc. "Dublin Castle, the 9th February 1668[-9]— We haveing been pleased, by our order of the 29th of October last, given on the petition of the now petitioner then exhibited unto us, to inlarge the time formerly given him for his departure out of this kingdome until the last day of this month, we are now pleased, upon consideration of this petition, to order that the petitioner may continue in this said kingdome for the time of three moneths after the said last day of this moneth, he giveing to the Clerke of the Councell the like bond and security which formerly he did give in pursuance of our order of the 29th of October aforesaid, with condition that he shall, by or before the end of the three moneths herein before mentioned, departe out of this kingdome and not return thereinto without the lycence of the Chiefe Governor, or Governors thereof which for the time shall be, in writeing to be first obtayned, for such his returne, and thatwhilest he shall remain in this kingdome he shall behave himselfe inoffensively and as becometh a loyal subject without acting anything contrary to the lawes or statutes of force here. In which said condition words are also to be inserted, and to be part of the said condition, that if we, or other the Chiefe Governor or Governors aforesaid, shall order that the petitioner shall before the end of the three moneths aforesaid (hereby allowed the petitioner to remaine in this kingdome) depart out of this kingdome, he shall departe accordingly within tenn dayes after notice of such order shall in writing be left at the now dwelling-house of James Comerford, scituate in St. James's street without St. James's Gate in the suburbs of the city of Dublin, and not returne into tins said kingdome without such lycence as aforesaid, the last bond given by him and his sureties to the Clerke of the Councel upon our said order of the 29th of October aforesaid is to be cancelled, whereof the said Clerke of the Councel is to take notice and to cancel the same accordingly.— -Ossory." John Archer, mariner. — Praying that Cornelius Cullen and John Doyle, condemned prisoners in Newgate, may be reprieved and trans- ported to Jamaica in petitioner's vessel ; with certificate and order. — 11 February 1668-9. Henry Echline, 1 Richard Steele, Walter Rawleigh, Edward Jukes, George Houghton, James Kalsey, John Fletcher, Daniel Hignett, William Hanaway, and Charles Norwood, gentlemen.— " That your petitioners were admitted and sworn clarkes of the Registry of the late Court of Claymes sitting at Dublin, and constantly attended and faith- fully and honestly discharged that employment for the space of three yeares last past. That George Phillips and John JefFryes, Esquires, late Registers of the said Court, doe refuse to give any reasonable satis- faction to the petitioners for their said service, but doe leave them to take their remedy against them in law. And for as much as the said Jeffryes is an officer and member in the army here in Ireland and cannot See p. 88. 80 HISTORICAL MANUSCRIPTS COMMISSION. Mahquis ^e sued at Common Law without your Lordship's lycence first had, the of Ormondb. petitioners therefore humbly pray your Lordship to grant unto them your licenee to sue the said John Jeffryes either at Common Law or in Equity, as the petitioners shall be advised. And they shall pray, etc.' "Dublin Castle, 11 February 1668 [-9.]— John Jeffryes, Esquire, is required, within tenn dayes after sight or notice hereof, to show us cause in writing (if any he can) why the petitioners should not be at liberty to take their legal remedy against him for the matter above mentioned, not- withstanding his military capacity. — Ossory." John Huish. — Recovery of amount due by William Sumers, of the Court of Exchequer.— 9 February 1668-9. Andrew Lynne. — Recovery of debts from members of the army. — 17 February 1668-9. Francis Rogers. — Like petition. — 20 February 1668-9. Theobald [Taaffe], Earl of Carlingford, 1 and Thomas, Viscount Dillon. — Continuation of respite of quit-rents, etc. on their estates, as previously ordered.— 26 February 1668-9. Richard [Boyle], Earl of Cork and Burlington, Lord High Treasurer of Ireland. — Recovery of debt from Lieutenant Henry Pyne, of Colonel Randal Clayton's company. — 22 February 1668-9. John Chamneys, Dublin, merchant. — Praying that the Customs officers may be ordered to deliver to petitioner " birding-pieces " and powder sent to him from England. — 25 February 1668-9. George CrafFord, gunsmith, Dublin. — " That your petitioner served his apprenticeship with Mr. Dornell, your Excellence's gunsmith, now deceased, and that he hath now upwards of twelve months followed the same imployment uppon his owne account, and hath had the con- veniency only of a shop neare the posterne gate of the Castle, wherein he hath faithfully and knowingly served several of your Excellence's followers and others. May it therefore please your Excellence to grant your petitioner the conveniency of the house wherein Mr. Dornell lately dwelt, whereby he may be more at readynesse to serve your Excellence as a gunsmith, which he doubts not by Cod's blesseing to effectuate both knowingly and honestly. And your petitioner shall ever pray. "Dublin Castle, the 15th of February 1668-[9]. — We are pleased that the petitioner forthwith enter into the house in the lower yard of this Castle belonging to his Majestie, wherein John Dornell, deceased, did lately live, and that the petitioner be allowed to live therein and injoy the roomes and conveniences of the said house which the said Dornell had; whereof all persons whom it may any way concerne are to take notice and to permit the petitioner to enter and enjoy the same accordingly. — Ossory." Margaret Healy, widow. — Recovery of debt and arrears of pay due to her late husband by Captain Gilbert Swinhoe. — 26 February 1668-9. Denis Foye, of the Earl of Ossory 's troop. — Removal of cheques from pay.— 27 February 1668-9. John Clignett, administrator of Abraham Van Hugareden, merchant. — Recovery of debts from Sir William King and Sir Francis Fowke. — 3 March 1668-9. See p. 69. HISTORICAL MANUSCRIPTS COMMISSION, 87 William Brookes. — Complaining of assault committed by Henry Read, marquis corporal in Lord Berkeley's troop, and James Henley, junior, of Cork, op Ormonde. and requesting an inquiry. — 4 March 1668-9. Walter Bourke, attainted of High Treason. — Pardon, hi forma pauperis, with certificate and order. — 6 March 1668-9. Thomas Brisbane. — Recovery of debt from Richard Folliard, of Colonel Hammond's company, Wicklow. — 6 March 1668-9. Henry Gray, late Lieutenant to Major George Ingoldesby. — Arrears. —9 March 1668-9. Thomas Digby, gentleman, (< Porter of His Majestie's Castle of Dub- lin." — " That Robert Astwood, with whom the petitioner was joynt patentee of the office of his Majestie's porter of the said Castle, did exhibite the annexed petition 1 to your Excellencie the 18th of July 1665, concerning a celler and a roome over it assigned for his residence in reference to his office aforesaid, which celler and roome being thought convenient for your Excellencie's use, the said Robert Astwood was removed from thence, and upon the annexed certifycate of Sir John Stephens and Captaine John Paine, two other small roomes neere Corke Tower were assigned to the said Robert Astwood in liew of the roomes from whence he was removed, one of which roomes the petitioner doth possesse and the other is still empty and waste ; yet the petitioner is desireous to hold the same, seeing he can finde noe other place wherein to be, and humbly desireth your Excellencie's order to be admitted as well into the roome now empty as the other and hold both the said roomes, the better to attend his duty in the said Castle. And he shall, etc. " May it please your Excellencie : According to your Excellencie's order within specifyed, dated the 18 of July 1665, we having examined the petitioner's allegations, doe humbly conceive that the two small low roomes next adjoyning to Corke Tower within his Majestie's Castle of Dublin may be best spared your petitioner. All which we humbly certify the 20th of July 1665. — John Stephens. — John Paine. " Dublin Castle, the 10th of March 1668[-9].~- Uppon consideration of this petition, and of the annexed certifycate of Sir John Stephens, knight, governor of this his Majestie's Castle, and Captain John Paine ; we are pleased that the petitioner may hold and possesse both the roomes in the said petition mentioned until the same shall by further order be otherwise disposed of, whereof all persons whom it may concerne are to take notice and to permit the petitioner to possesse and hold the said roomes. — Ossory." Keane Carroll, 2 " Dominican fryer." — " That upon a former petition of the petitioner's to your Excellencie, the 9th of February last, in regard of the weakenesse of his body and disability to travel beyond seas, your Excellencie was pleased to inlarge the time appointed for his departure out of this kingdome for three moneths after the last of February last, uppon his giveing security as formerly, and the peti- tioner's weaknesse and disability still continueing, and like to hold longer, your petitioner now most humbly beggeth your Excellencie to grant him your lycence to remaine in this kingdome, he giveing suffi- cient security to appeare before your Excellencie, or any other Governor or Governors, within tenn dayes after notice shall be left at the house of James Comerford, in St, James's streete without the Gate, and that he shall in the meane time behave himselfe inoffensively and as becometh 1 Not in the MS. 2 See p. 85. 88 HISTORICAL MANUSCRIPTS COMMISSION. Marquis a l°y a l Slll) j ect without acting anything contrary to the lawes or statutes of Ormonde, of this land, and on giveing such security the former bonds given by your petitioner to be cancelled. And he shall ever pray, etc. " Dublin Castle, the 12th of March 1668[-9] .— Upon consideration of the within petition of Keane O'Carroll, we are pleased that he may remaine in this kingdome, notwithstanding our order of the nineth of February last, or any former order of ours for his departure thereout, provided that within ten dayes after the date hereof he give bond with sufficient security to the Clerke of the Councel, to his Majestie's use, of the penalty of five hundred pounds sterling, with condition that he shall personally appeare before us, or other the Chiefe Governor or Governors of this kingdome which hereafter shall be, within ten dayes after notice for such his appearance shall be left in writing at the now dvvelling- howse of James Comerford, scituate in the streete called St. James his streete without St. James his Gate in the suburbs of the cittie of Dublin, and not departe without lycence in writing of us, or the Chiefe Governor or Governors aforesaid, and that, whilest he shall remaine in this king- dome, he shall behave himselfe inoffensively and as becometh a loyal subject without acting anythiug contrary to the lawes and statutes of force in this kingdome. And, upon the petitioner's giving such bond and security as is hereby directed, the last bond given by him and his suretyes to the Clerke of the Councel upon our said order of the nineth of February aforesaid, is to be cancelled ; whereof the said Clerke of the Councel is to take notice and to cancel the same accordingly. — Ossory." Mary Cox, widow, and executrix of William Cox. — Recovery of amount due to her late husband by members of the army. — 11 March 1668-9. Henry Echline, 1 Richard Steele, Walter Rawleigh, Edward Jukes, George Houghton, James Hallsey, John Fletcher, Daniel Hignett, William Hanaway, and Charles Norwood, gentlemen, plaintiffs ; John Jeffreys, Esquire, defendant. — "5 March 1668 [-9] : Thomas Jordan made faith that on the 18th day of February last past he shewed to the defendant, John Jeffryes, the Right Honorable the Lord Deputye's order, dated the 11th of February, 1668[-9], whereby the said John Jeffryes, was required, within ten dayes after sight or notice thereof, to shew cause in writing (if any he could) why the plaintiffs should not be at liberty to take their legal remedy against him for the matter mentioned in the plaintiffs' petition, notwithstanding his military capacity. Copia vera. — Mathew Barry. " Dublin Castle, 16 March 1668[-9]. — It appearing, by the within affidavit, that our order therein mentioned was on the 18th day of Feb- ruary last shewed to the defendant, John Jeffryes, Esquire, and he not haveing shewed any sufficient cause to induce us to forbeare haveing him to be sued at law, we are pleased hereby to grant the plaintiffs, Henry Echline, and the rest in the said affidavit named, our lycence to take their remedy by due course of law against the said defendant, notwith- standing his military capacitie. — Ossory." Baron of Howth. 2 — Recovery of amount due by Thomas Lee, of the guard of battle-axes. — 5 March 1668-9. Edward Cashen, prisoner at Maryborough. — Pardon, in forma pau- peris, for misdemeanour committed before his submission under the pro - clamation for submission of "Tories" 3 ; with certificate. — 15 March 1668-9. 1 See p. 85. 2 William St. Laurence, Baron of Howth. :i See p. 39, HISTORICAL MANUSCRIPTS COMMISSION. 89 Henry Lowth. — Recovery of purchase-money of land from William Marquis Chap pell. — 20 March 1668-9. of Ormonde. Thomas Hamsou, corporal in troop of Lord Glenawley. 1 —Praying to be discharged and paid his arrears. — 20 March 1668-9. Edward Stubber. — Recovery of rent arrears due by Captain Charles Hawkins.— 23 March 1668-9*. Robert Cole. — Renewal of warrant for moiety of ten months' arrears due for service under Sir John Cole. — 23 March 1668-9. Thomas Lutterell. — Recovery of debt from Paul Bush, of Lord Ros- common's troop. — 24 March 1668-9. Elizabeth Moore, alias Wheeler. — Leave to sue her husband for main- tenance. — 29 March 1669. Stephen Sly. — Recovery of debt from Richard Butter-field, of the troop of the Earl of Anglesey.— 31 March 1669. Thomas Clinton. — Recovery of debt f?om Robert McNeall, of the guard.— 12 April 1669. Archibald McMullan, late soldier in Captain John Moreton's com- pany. — Recovery of arrears of pay transmitted to Captain Anthony Maslay, or to the Ensign of the company, for petitioner ; with certifi- cate.— 2 April 1669. Sir John Develier. — Removal of check from his pay, imposed for over- stayed leave.— 30 March 1669. Katherine, relict of Lieutenant-Colonel George Stewart. — Recovery of amount due to petitioner's late husband by Lieutenant Thomas Nicholls, of Sir Charles Hamilton's troop. — 7 April 1669. Sir Thomas Fortescue, 2 Knight. — " That there remaiaes due to the peti- tioner, and his father, Sir Faithful Fortescue, deceased, as Constables of the Castle of Carrickfergus, and to the warders of the said Castle, ten moneths' pay, ending the 27th of July, 1662. The petitioner, consider- ing the scarcity of money in his Majestie's Treasury, being contented to accept of a moyety thereof in satisfaction of the whole, he humbly prayeth your Excellencie will be pleased to order the Muster- Master to state the same and make a warrant for payment of the said moyetie to your petitioner and the warders. And he shall pray, etc. " Dublin Castle, the 15 of April 1669.— The Muster-Master General, or his Deputy, is to state the arreares above mentioned and to prepare a warrant for payment of a moyetie thereof to the petitioner in full satisfac- tion of the whole, and present the same unto us for our signature. — OSSORY." Nicholas Aunsham. — Recovery of rent-arrears due on lands in the county of Dublin by Robert Farrer, of the life-guard, and Edward Bol- ton, of Colonel Dillon's troop. — 17 April 1669. Theobald [Taaffe], Earl of Carlingford. — Praying that Trevor Lloyd, Cornet in Lord Dungannon's troop, may be called to account for having cut and spoiled corn and rendered a mill, on petitioner's land in the county of Louth, useless. — 7 April 1669. Edward and William Crofton, late of Lord Collooney's troop. — Pay- ment of ten months' arrears. — 20 April 166y. Arthur St. George, Lieutenant, and Henry St. George, Ensign to Colonel John Bramston. — Renewal of warrants for payment of arrears 21 April 1669. 1 See p. 73. 2 Ancestor of Earls of Clermont. 90 HISTORICAL MANUSCRIPTS COMMISSION. Marquis Andrew Hewetson. — Praying that his pardon may be passed in forma os Ormonde, pauperis. — 2 May 1G69. Officers and soldiers of the troop of the Earl of Donegall — " That about twelve moneths since your petitioners had an assignment for £205. 18*. Id. on the lands of Sir Henry O'Neile in the county of Antrim, about which they have been at great costs and charges, but can get no satisfaction, and upon a late demand to Sir Henry O'Neile's agent, he shewed your Excellencie's order (a copy whereof is hereunto annexed) 1 by which the quit- rent due out of the said estate is respited till Michaelmas terme next ; yet the petitioners cannot get the said assignment changed without your Excellencie's order to that effect. May it therefore please your Excellencie to give order to Mr. Corker to take in the said assignment, and in lieu thereof to pay your petitioners in ready mony that they may be equally provided for as the rest of the army. And your petitioners, etc. " Dublin Castle, the 29th of April 1669. — Uppon consideration of this petition, wee thinke fit and doe hereby order that the Vice-Treasu- rer's Deputy, takeing in the assignment formerly given the petitioners give them their said pay in money, or give them solvent assignments as thereby they may receive satisfaction for the same. — Ossory." Edmund Kilkenny. — " Setting forth that he hath been two yeares prisoner for debt, and now his creditor out of pity has freely discharged the same, and he now stands committed only for £15. fees ; formerly lived in good condition, but is now like to dye in prison ; and praying a collection in all the churches in Ireland ; which petition was the 27th April referred to the Lord Primate who made the certyficate following : — ' May it please your Excellencie ; in obedience to your commands, I have considered of the within petition, and in regard the petitioner is of great yeares and a decayed gentleman (of the truth whereof I am fully satisfyed by the testimoney of persons of honor hereunto annexed) 2 I am humbly of opinion it will be a great act of charity in your Excellencie to grant the petitioner the benefit of a collection in the several Cathedrals and parish churches in the citty and suburbs of Dublin, and throughout the province of Leinster, whereby the petitioner may be freed from his restraint. All which I humbly certify and submit, etc. — Ja. Armac- HANUS. 3 " Dublin Castle, the 30th of April 1669. — Uppon consideration of the above certifycate of his Grace, the Lord Archbishop of Armagh, Primate and Metropolitan of all Ireland, we are pleased hereby to recommend the petitioner, Edmund Kilkenny, to the Deanes of the severall Cathedral churches, and to the ministers of the severall parish churches in the citty, and suburbs of the citty, of Dublin, and throughout the province of Leinster, for collections to be had for him in all the said churches, to- wards his reliefe, provided that hereof there be not any use made longer than for the space of six moneths from this day. — Ossory." Eichard, Lord Coote, Baron of Collooney. — Praying that Captain Robert Oliver may be called to account for having extorted by force, with the aid of soldiers, his own rents and his Majesty's quit-rents from Captain Lewis Griffith.— 1 May 1669. Mathew Cole. — Recovery of debt from William Potter, of the Battle- axe guard ; with certificate. — 13th March 1669. Joan Barker, widow. — Payment of ten months' arrears due to her late husband for service in Sir Oliver St. George's troop ; with certificate. — 29 April 1669. !, 2 Not in the MS. 3 James Margetson, Archbishop of Armagh. HISTORICAL MANUSCRIPTS COMMISSION. 91 Mathew Doing, tailor. — Recovery of debt from John Lock, of the life-guard.— 16 March 1669. Robert Walsh. — Recovery of amount due to petitioner, as executor to John Walsh, by Anthony Coape, of the life-guard. — 3 May 1669. William, Earl of Strafford. — Recovery of debt from John Wapoole [Walpole].— 4 May 1669. Mary Rennells, widow, St. George's Lane, Dublin. — Praying that all arrears due to the late Gilbert Heath, for service in Lord Colooney's troop, may be paid over to petitioner as his administratrix, etc. — 4 May 1669. William Bayly, a minor, by his father. — Recovery of legacy, left by Anderly Byrne, from his executor, Lieutenant William Packington, of Captain Carteret's company. — 5 May 1669. Major Richard Goodwin, Lieutenant to Captain Adam Leicester. — Removal of cheque on pay imposed for absence during illness ; with cer- tificate.— 7 May 1669. Randal Moore, Cornet in Colonel Cromwell's troop. — Removal of cheque from his own and his servant's pay, imposed for absence in con- nexion with petitioner's law-suit with Lady Sterling. — 6 May 1669. John Clauer, of his Excellency's life guard. — Praying that his pay — withheld by Mr. Osborne, clerk to the guard, on foot of debts owing by petitioner's predecessor — may be allowed to him. — 5 May 1669. John Gaich. — Leave to sue Major Broughton, and soldiers under his command, for recovery of debts. — 7 May 1669. Margaret Litle. — " At the last general sessions of the peace and gaole delivery at Killmainham for the county of Dublin, your petitioner was condemned before Sir William Aston, Knight, and the rest of the Justices for the said county, for the stealing of three pounds, eighteen shillings, and several peeces of linen, the goods of Patrick Toule, of Pimlico, baker, which your suppliant did confesse uppon her examination, and the said Patrick had his goods and money againe ; and your petitioner beeing a very poore woman, destitute of friends, humbly prays your Excellencie will be mercifully pleased to give order to the said Justices to make report to your honor if they doe think your suppliant a fit object of his Majestie's mercie to be transported for the Barbadoes, or elsewhere beyond the sea. And, etc. "The Justices before whom the petitioner received her tryal are to certify us how the matter for which she stands convicted did appeare when she was tryed, together with their opinion whether they conceive her to be an object of his Majestie's mercie. — Ossory. " May it please your Excellencie : — In obedience to your Excellencie's above order of reference, we hereby humbly certify that at the general sessions of .the peace held at Kilmaynham for the county of Dublin, 14 January, anno regni Regis Caroli Secundi Angliae, etc. 19, annoque Domini 1667, the within petitioner was indicted and tryed before us for the within mentioned felony, which both uppon her examination before her said tryall and at her said tryall, also she freely confessed, and was thereuppon (and uppon full evidence) thereof convict [ed], and received sentence of death. But uppon consideration of her ingenious confession and the passionate sorrow she exprest, the Court reprived her, conceive- ing her then (as we humbly still conceive her to bee) a fitt object of his Majestie's Royall mercy. All which is most humbly submitted to your Excellencie's just consideration this 3rd day of May, 1669, by your Excellencie's most humble servants. — William Aston. — Thomas Worsopp. MSS. of Marquis of Ormonde. 92 HISTORICAL MANUSCRIPTS COMMISSION. Marquis " Dublin Castle, the 7th of May, 1669. — Uppon consideration of the v Ormonde, foregoing certifycate of Sir William Aston, Knight, and Sir Thomas Worsopp, Knight, two of the Jusliees before whom the petitioner Margaret; Litle was tryed, wee are pleased that if any merchant or other person shall give bonds with sufficient security to the Sheriffe of the county of Dublin, to his Majestie's use, of the penalty of one hundred pounds sterling, with condition that the petitioner shall within two moneths after slice shall bee inlarged out of the prison wherein sbee doth now remaiue, shipp herselfe on board some shipp or other vessell bound for the Newfoundland, Barbadoes, or some port in America, and shall not come on shoare untill she shall bee landed in some of those places, the Sheriffe, or the gaoler under whose custody shee lyes, uppon the giveing such bond as aforesaid shall set her at liberty. — Ossory. Katherine Paine, widow and administratrix of James Paine. — Payment of moiety of ten months' arrears due to her late husband as Sergeant in Sir James Middleton's company. — 11 May, 1669. Edward Bolton, one of the commanded men of Colonel Dillon's troop. — Praying that the claim of Nicholas Aunsham may be satisfied out of petitioner's pay, and that the order permitting Aunsham to sue him may be stayed.— 11 May, 1669. Robert Farrer, of the Life Guard. — Like petition. — 11 May, 1669. Mrs. Mary Kavenagh, widow. — *' k That on Munday, the 10th of this instant May, one Mr. Boyle Burt, Quartermaster unto the troop quartered in Limerick, with many more in his company, beeing all armed with firelocks, pistolls, and swords came to your petitioner's house at Burrowes, in the county of Carlowe, under what pretence or colour of right your petitioner knoweth not, and did in a riotouse and hostile manner enter forcibly into your petitioner's house, your petitioner being then in this cittie about her lawfull affaires, and did f ume out your peti- tioner's servants, and the possession of the said house doe still detayne in a very hostile manner, not suffering your petitioner's servants either to have meate or drinke for their releife, or take away the seed-corne that was left by your petitioner in her house to be sowne, but do threaten any of your petitioner's servants that shall come neare the house ; the truth whereof may appeare to your Excellencie by the oath of one of your petitioner's servants now in this towne. May it therefore please your Excellencie, in regard the said Burt is a member of the army and now in this cittie, to cause him to appeare before your Excellencie and shew cause, if any he can, wherefore he hath turned your petitioner out of her possession, and doth still detayne the same, contrary to all equity and the lawes of the land, to your petitioner's utter mine, if not releived by your Excellencie. And your petitioner, as in duty bound, will ever pray. " Dublin Castle, the 14th of May 1669.— Boyle Burt, the Quarter- Master against whom the petitioner doth complaine, beeing now in towne is hereby required to make present answeare in writing to this petition. — Ossory." William Cooper, of Lord Colloonev's iroop. — Ten months' arrears. — 15 May 1669. Walter Tuite, Esquire, " sonne unto Andrew boy Tuite 1 of Cullinmore in the county of Westmeath." — "That your petitioner is one of the fifty-foure persons called ' Nominees,' mentioned in the Act of Explana- tion to bee restored to their chiefe mansion-house and 2,000 acres most contiguous, after souldiers and Adventurers had been reprized. Your 1 See "Contemporary History of AiTaires in Ireland, A.D. 1641-52," Dublin. 1879-81, vol. iii. p. 445. HISTORICAL MANUSCRIPTS COMMISSION. 93 petitioner past a certificate in the Court oF Claymes of his chiefe house and 2,030 acres, according to the Act, that of the petitioner's estate there was retrenched by souldiers and adventurers, as also of surplus or concealed lands, 687 acres, as appeares by the annexed certifycate of the Sub-Commissioners ; that the petitioner is reduced to a very lowe condition by his oxpence and attendance in the Court of Claims, so that he is disabled at present to sue out his patent of the said retrenched, plus and concealed lands. Wherefore he most humbly prayes your Excel- lence to give order unto the Barons of his Majestie's Court of Exche- quer to grant unto the petitioner a custodiam of the lands aforesaid, at the quit-rent, during his Majestie's pleasure. And he, etc. " Dublin Castle, the 19th of May 1669. — If it shall appeare unto our very good Lord, the Lord Chiefe Baron, and the rest of the Barons of his Majestie's Court of Exchequer, that the lands which the petitioner doth desire to have in custodiam be in his Majestie's disposall, the said Barons are to issue a custodiam thereof to the petitioner, to continue during his Majestie's pleasure at such moderate rent as they shall think fitt.— Ossoby, Walter Tdite, Esquire. Denominations of Lands. Irish Acres Profitable. What of the said lands are retrenched, and by whom. Irish Acres Profitable. What lands are unretrenched, and in whose possession the same were, at the time of the adjudication of the clayme. Irish Acres Profit- able. The Ad-1 ventu- rerssur- | vey 1 more than the Downe COUNTY" OF WESTMEATH. Moycashell and Magheridernon Barony. Robert Good-") Cullenmore, A. 391 R. P. A. 64 A win, 391 j A. R. 3!»1 r. and two ( islands in f Thomas White. E. acres, which ! is the totall f Loghfoyle ) intheDowne Survey J Robin stowne 290 Norton Wes- trow. 1 128 7 Norton Wes- trosv. 68 3 Robert Good- 224 1 35 Cullenbegg - 359 3 8 Moyses Jen- 52 •{ win. kyns. Robero Cooke 83 1 13 Brockagh 123 3 8 Robert Good- win. 123 3 S Monyleagh - 452 3 24 Moyses Jen- 41 2 31 Moyses Jen- 221 1 9 kins. kins. Honora 117 Thompson. 2 Corkerry Barony. Killinaglisse 381 3 24 4 Robert Robert Sterne 189 1 and Garry- Sterne. William Disney 50 (» nerry, part 3 36 3 19 John Ebzery 26 2 30 fTotall of> re- | 2,000 j trenched 1 ] and un- [ 678 3 17 1,387 1 1 1 disposed | llands J MSS. of Makquis of Ormonde. John Pettie. T. Taylor. Tho. Taylor. John Pettie. 1 " Rest not found adjudged. 47 acres, 48 acres, 3 rds. 8 p. not found claymed or adjudged to any other save the claymant." 2 " Seventy-one acres not adjudged to any, save the clayment as yet found." 3 " Not found claymed or adjudged to any other, save the claymant." 4 "Memorandum: That the last mentioned particular was 80a. Or. 34p. [which] by the Downe Survey are returned ' unprofitable,' although by the souldiers accepted and sett out for ' profitable.' " 94 HISTORICAL MANUSCRIPTS COMMISSION. mss. of William, Earl of Strafford. — Recovery of debt from John Wockham, ^bm Q o»de. of the troo P of the Earl of Anglesey.— 25 May, 166y. Henry [Jones], 1 Lord Bishop of Meath. — Recovery of debt from William Hawes, of Lord Roscommon's troop. — 25 May, 1669. Lady Jane Dowdall. — Exemption from Treasury assignments on lands restored to her in the county of Meath, they having been issued for recovery of amount due to the Crown by Sir William Lemon and Thomas Coote, who had only a reversionary interest in the lands. — 25 May, 1669. Ambrose Aungier, cornet in Sir Moses Hill's troop. — Removal of "respite" on his pay.— 21 May, 1669. Robert Oliver, Captain. — Renewal of warrant for payment of moiety of his ten months' arrears for service in Captain John St. Leger's com- pany.— 25 May, 1669. Alderman John Preston. — "That the last terme one Rice Havard was convicted and condemned in the Court of King's Bench, Dublin, for takeing some things from your petitioner, which since your petitioner hath gott againe most of them. That your Excellencie was graciously pleased to reprieve him for tenn days, and in regard hee is a young man and this is the first fault (as I am informed) of that kinde that hee com- mitted, and is very penitent for the same, hee seemes to bee an object of mercy, your petitioner therefore most humbly prayeth your Excellence's order that hee may bee transported for the West Indies in the shipp " John and Mary " now bound for the Barbadoes, where hee may by God's grace amend his life and prove serviceable to his King and country. And hee shall ever pray, etc. — John Preston. " Dublin Castle, the 26 of May [16]69.-Sir William Aston, Knight, second Justice of his Majestie's Court of Chiefe Place in this kingdome, before whom Rice Havard in this petition named was tryed, haveing certifyed us that the said Havard was convicted for the breaking and entring the dwelling-house of the petitioner, in the night time, and felloniously takeing from thence certaine peeces of pewter and other goods of the petitioner's, to the value of twenty pounds, and the petitioner makeing his humble request unto us (as within doth appeare) that the said Havard may bee transported into the West Indyes, wee are pleased and doe heereby order, that if any merchant or other person with sufficient security will give bond to the Clerke of the Counsell, to his Majestie's use, of the penalty of one thousand pounds sterling, with condition that the said Rice Havard shall, within fifteen dayes after hee shall bee delivered out of the prison wherein hee doth now remaine, shipp himselfe in some shipp or other vessell bound for some part of the West Indyes and shall not come on shoare untill hee shall bee landed there, nor returne from thence into this kingdome without lycence from the Chiefe Governor or Governors heere for the time being to bee in writing first obtained, upon certificate of the said Clerke of the Councell of giveing such bond as aforesaid, the Sheriffe, or gaoler under whose charge the said Rice Havard doth remaine, shall sett him at liberty and deliver him to such merchant or other person or persons as shall engage for him to the purpose aforesaid. — Ossory." " Dublin Castle, 8 June 1669. — We are pleased, uppon further ex- planation on the behalfe of Rice Havard in the above order mentioned to reprive the said Rice Havard for ten days from the date hereof 1 See Eighth Report of this Commission, Part i., 1881, p. 713. HISTORICAL MANUSCRIPTS COMMISSION. 95 and do heereby order that if, within the said ten dayes, the said Rice marquis Havard doe give in security for his transportacion as before mentioned, op Ormonde. the SherifFe or gaoler aforesaid shall pursue the contents of the former order, whereof the SherifFe and all other persons are to take notice. — Ossory. " This above order was brought downe, drawne and signed, by Collonel Jeffreys, to be entred, and by him taken away." Order, 16 June 1669, on petition of Richard Cannaday [Kennedy], Dublin, merchant, that he and another should be accepted as security for Rice Havard by the Clerk of the Council. Bartholomew Doyle, Proctor of Office for Consistorial Court of the diocese of Meath. — Leave to summon several members of the army as witnesses in petitioner's suit against John Crookeshanke, D.D., Vicar of Trim.— 24 May 1669. Eleanor Fitzherbert, widow, London. — Recovery of amount due to petitioner's late husband by Richard Phillips, one of the Muster-Masters. —25 May 1669. Arnold Power. — Ten months' arrears for service in Colonel Red- man's 1 troop. — 28 May 1669. Roger Jackson and Charles Davenport. — Recovery of amount due by Lieutenant Thomas Evelin. — 2 June 1669. Henry Grindy. — Ten months' arrears for service in Lord Grandison's troop. — 2 June 1669. Richard, Lord Coote, Baron Colooney. — Replication to answers of Captain Robert Oliver, George Taylor, John Bedvins, and Alexander Frizell, and requesting a hearing on matter of petition. — 4 June 1669. Edward Bolton, one of the " commanded men " of Colonel Cary Dillon's troop. — Reference, certificate, and order on petition respecting arrears of rent due by petitioner to Nicholas Aunsham. — 4 June 1669. Robert Fairer, of the Guard of Horse. — Reference, certificate, and order on petition relative to rent-arrears due to Nicholas Aunsham. — 4 June 1669. John Bor, 2 Esquire. — " That your petitioner being High Sheriff e of the county of Dublin for the yeare 1667, there issued a writt unto him out of his Majestie's Court of Chief e Place to take Stephen Gelder at the suite of Samuel Marsden and Mary, his wife, uppon which the said Stephen was taken and committed to Kilmaynham gaole for want of bayle, where hee continued till, by the solicitation of one Thomas Law- rence, a blacksmith, your petitioner's then Under-SherifFe, Mr. Edmond Todderick, tooke him, with some other inconsiderable persons, to bee bayle for his appearance, who beeing sett at liberty did not appeare, so that your petitioner was fined in £40 or £50, and sued by the plaintiff for an escape and forced to compound the debt That the said Thomas Lawrence, soone after his entring into the said bond inlisted himselfe in Captain Hungerford's company in the Royal Regiment, on purpose to hinder your petitioner or his said Under Sherriffe to gett any remedy against him. May it therefore please your Excellencie to grant possi- tive lycence to sue the said Thomas Lawrence at common law without any notice to be given him. And hee, etc. 1 Daniel Redman was a Parliamentarian Commissioner in Ireland in 1652. See "Facsimiles of National MSS. of Ireland," Part IV. 2, Introduction, p. xcix. London. 1884. 2 See p. 84. 96 HISTORICAL MANUSCRIPTS COMMISSION. Mabquis " Edmond Todderick within named came before mee this day and of Ormonde, made oath that the within named Thomas Lawrence inlisted him- selfe in the said company presently after his being bound for the said G elder's appearance, and that this deponent veryly beleeveth that the said Lawrence knowes where the said Gelder is, and where to finde him, and that hee also verily believes that if the said Lawrence have the accustomed notice before hee bee arrested, that hee will keep out of the way and not be found to answere the petitioner's complaint. And this deponent further deposeth that hee hath compounded the debt with the within named plaintiff, Marsden, for £30, and hath paid part and secured the rest. — Edmond Todderick. " Jurat coram me, 3 die Junii, 1669. — J. Westley. " Dublin Castle, the 4th of June 1669. — Uppon consideration cf the within petition and the above affidavit, wee are pleased heereby to leave the petitioner and his Sub-Sherriff'e at liberty to take his or their remedy by due course of law against Thomas Lawrence in the said petition named, notwithstanding his military capacity. — Ossory." Henry, Earl of Thomond. — Recovery of debts from Sir William King and Colonel Francis Willougliby. — 2 June 1669. William Healy, formerly of Lord Colooney's troop. — Order on peti- tion for ten months' arrears. — 22 May 1669. " The petition of the two Quires of Christ Church and of St. Patrick's, Dublin." — " That severall rectoryes and impropriations returned by the respective Archbishops and Bishops to the Councell Board, in obedience to the order thereof, have been already passed into patent for the use of your petitioners, in the name of his Grace Michael [Boyle], Lord Archbishop of Dublin, etc., and his successors for the time beeing, and in the name of Dr. John Parry and Dr. Thomas Seele, Deanes of the two Cathedralls of Christ Church and of St. Patrick's and their suc- cessors for the time being. That those following rectoryes and im- propriations, viz., two third parts of the tithes of Timolin, in the county of Kildare, lately belonging to — Archbold ; two third part9 of the tithes of Westpalstowne, 1 in the county of Dublin, lately belonging to — Finglasse ; two third parts of the tithes of Palmerstowne, in the county of Dublin, lately held by Sir John Dungan, out of lease ; two third parts of the tithes of Kilcrath ; three pounds per annum out of the tithes of Munckstowne, alias Mountaine, in the county of Dublin, lately held by [blank] Cheevers, out of lease ; six pounds per annum out of the tithes of Rathmore, in the county of Kildare; the whole in all worth about £40, all in the diocese of Dublin ; the rectory of Cabra, in the county of Sligoe, in the diocesse of Elphyn ; the impropriate tithes of the rectory of Mothell, in the county of Waterford, of the value of £40. per annum, in the diocese of Lisinore ; the impropriate tithes of the Grange, in the parish of Killane ; the impropriation of Tullabane Tem- ple, in the parish of Liskerig or Killcoverin ; the impropriation of Lislerin, formerly belonging to Thomas Bourke, of Pallis ; the impro- priation of Gortnemannagh, in the parish of Killcreest, belonging to Sir Richard Blake ; the impropriation of Farrinnimannagh, belonging to Sir Richard Blake, in the parish of Kilegeleene ; the impropriation of Clonkeenkerill, in the parish of Clonkeenkerill, belonging to Sir Andrew Lynch ; the impropriation of the parish of Drumacrowe ; the impropriation of Killmurrey, in the parish of Finagh ; the impro- priation of Kinvarra, in the parish of Kinvarra ; the impropria- 1 See " History of the Irish Confederation and War in Ireland, 1641-1643." Dublin : 1882, vol. ii., p. 215. HISTORICAL MANUSCRIPTS COMMISSION. 97 tion of Killinvarra, in the parish of Killinvarra. These are in the MSS.ob 1 common estimation worth about £35 per annum, all in the diocese of of^O^r^wde* Clonfert. The rectory of Teadmore and Glinogra, in the county and — m diocese of Limerick; the impropriate tithes of the halfe parish of Toughatye, in the county of Mayo ; the impropriate tithes of certaine quarters of land called Cloghbrannagh, in the parish of Drumenenaghan, in the diocese of Tuam ; the impropriate tithes of Blanchvillstowne, in the county of Kilkenny, and diocesse of Ossory ; the rectory of Barragh, in the county of Catherlogh and diocesse of Leighlin, being parcell likewise returned by the respective Archbishops and Bishops, as aforesaid, and which have also passed the approbation of the said Councell Board, as by the annexed certifycate 1 under the hand of Mr. Mathew Barry may appeare. " May it therefore please your Excellencie to require the Auditor- General to make out the particulars of these above mentioned rectoryes and impropriations, and withall to add a fifth parte of increase of rent, by way of augmentation, according to the rule of Councell in that behalf e, and that the particulers beeing soe made out and addition made as aforesaid that your Excellencie will be pleased to grant a warrant for passeing of the same into patent in the name of his Grace, Michael, Lord Archbishop of Dublin, etc. ; and of Dr. John Parry and Dr. Thomas Seele, Deanes of the Holy Trinity and of St. Patrick's, Dublin, for the use of your petitioners. And they will pray. " Dublin Castle, the 7th of June 1669. — We require his Majestie's Auditor and Surveyor forthwith to make out a particular of the severall rectoryes and impropriations in the within petition mentioned, with such increase of rent to bee reserved to his Majestie, by way of augmentation, as by order of the Councell Board is prescribed in that behalfe, and the same fairly ingrossed in parchment under their hands to send unto us to bee further passed, as appertaineth. For doeing whereof this shall be a sufficient warrant. — Ossory." Robert Boswell, of Lord Grandison's troop. — Ten months' arrears. — June 1669. Elizabeth Ludlam. — Ten months' arrears due to her late husband for service in Lord Aungier's troop. — 2 June 1669. Owen Roberts, formerly of the company of the Duke of Albemarle.—- Ten months' arrears for service in it. — 10 June 1669. Edward Price, Lieutenant to Major John Beversham. — Ten months' arrears for service in Sir Robert Hannay's company. — 10 June 1669. John Kent, formerly of Captain William Rosse's company. — Ten months' arrears. — 9 June 1669. Gamaliel Moorehouse, formerly of Lord John Butler's troop. — Ten months' arrears. — 11 June 1669. Thomas Juxon. — Leave to sue Colonel Thomas Coote, for breach of covenant in conveyance of lands in the county of Meath. — 10 June 1669. John Magrath.— Recovery of amount due for goods supplied for the use of " commanded men ; " with certificate, order, and list. — 2 June 1669. John Dickson. — Recovery of amounts due by Mathew Pennyfather, Quarter-Master of Earl of Desmond's troop, and by John George, a soldier under the command of Sir William King. — 15 June 1669. 1 Not in the MS. I 84068. G 98 HISTORICAL MANUSCRIPTS COMMISSION. MSS.of Sir Oliver St. George. — Praying that all arrears, etc. due to the 'okmoxde. ^ ate -Lieutenant Christopher Mathews may be detained in the Vice- Treasurer's hands, pending trial of petitioner's claim on same. — 15 June 1669. Lieutenant Edward Harwood. — New warrant for ten months' arrears. —12 June 1669. liobert Bumstead and Thomas Lalum. — Ten months' arrears for service in Lord l^lkland's troop. — 17 June 1669. John Barrett. — Leave to take proceedings, for defamation of character, against Francis Lullam, of Galway, a soldier in Sir James Cuff's company. —17 June 1669. Walter Bourke. 1 — " Dublin Castle, 20th of Aprill 1669.— Wee haveing, by our order given the 24th of August last, uppon the annexed petition 2 of Walter Bourke in the within certifycate and order named, ordered that the Judge of Assize before whom hee received his tryall should certify us concerning the matter of fact in the said petition conteyned, together with his opinion whether hee conceived the said Walter Bourke to bee a fitt object of his Majestie's mercy, and that in the raeane time his execution should bee respited ; and the said Judge thereuppon, haveing, the 11th day of September last, made the said within certifycate to us, wee were pleased, uppon consideracion thereof, by our within order of the 6th of March last to referr the same to bee considered at the Councell Board, and then also ordered that the reprivall of the said Walter Bourke, granted by the said Judge, should bee continued untill the next Summer Assizes, after the date of that our order, to the end that there might bee further consideration of him at the said Board. And wee having afterwards there considered and advised with his Majestie's Privy Counsell concerning the matter, uppon such consideration and by and with the advice of the said Counsell, wee are pleased to extend his Majestie's mercy to the said Walter Bourke for the matter for which hee stands convicted : Provided that hee have not had any hand in murther. And wee heereby require his Majestie's Atturney and Solicitor- Generall, or either of them, to draw up a fiant in due forme of law, conteyning his Majestie's gracious pardon to the said Walter Bourke for the matter aforesaid and of all paynes, penalltyes, punishments and forfeitures whereunto hee doth thereby stand subject or lyable, provided as aforesaid, inserting in the said fiant such other provisoes, non obstantes and clauses as in like cases are usuall, and the same, fairly ingrossed in parchment under their or one of their hands, to send unto us to be further passed, as appertaineth. And in regard of the poverty of the said Walter Bourke appeareing by affidavitt, wee are pleased that the said pardon shall passe in forma pauperis, whereof all officers whom it doth concerne are to take notice. — Ossory." James Colvill, formerly of Sir Arthur Forbes's troop. — Ten months* arrears. — 17 June 1669. Hugh Sterling, Clerk. — Praying that a caveat may be entered in the Secretary's Office against Christopher KerdyfFe's claim to a vicarage and rectory held by petitioner under patent. — 25 June 1669. " Richard, Lord Power, Baron of Curaghmore, Captaine of a company of foote in his Majestie's army in this kingdome : Uppon his Lordship's petition desireing halfe his tenn moneths' arreare as Captaine, in satisfaction of the whole, which became due between the 21 of October, i Set 'p. 87, 2 Not in the MS. HISTORICAL MANUSCRIPTS COMMISSION, 99 1661, and the 27th of July 1662, an order to the Muster-Master to state MSS. of the said arreare and to make a warrant for payment of halfe accordingly, f Obmuxde. dated the 25th June 1669." John Lylles, Clerk, executor of Alderman Henry Bindon, of Limerick. — Renewal of warrant for payment of arrears due to Bindon. — 17 June, 1669. Amy Woodcock. — Recovery of amount due to her late husband by Randal Moore, a member of the army. — 23 June 1669. Peter Flower, Captain. — New warrant for ten months' arrears for service in Lieutenant Sir Thomas Gifford's company. — 3 July 1669. Golden Morrise, formerly of Sir Francis Hamilton's troop. — Ten months' arrears. — 2 July 1669. Thomas Lane, formerly of Lord Grandison's troop. — Like petition.— 5 July 1669. " Charles Graves, formerly of the Lord Grandison's troop. — A petition for halfe his ten months' arreare, in full of the whole, and a direction to the Muster-Master to make a warrant for a moyety." — 3 July 1669. Moses Hill, Lieutenant-Colonel. — Removal of cheque placed on his pay for absence in Dublin at law-suits.— -5 July 1669. Mary Missett, alias Claxam, widow. — Ten months' arrears due to her late husband for service in Lord Berkeley's troop. — 5 July 1669. Samuel Hill. — " That upon the 24th of October last, late at night, there came foure of Major Roy den's troop to your petitioner's house, viz,, Thomas Masden, John Coe, William Hartley, and John Metcalfe, who violently broke open your petitioner's doores and turned your peti- tioner's children out of their beds. That, on the 26th of the said moneth, Thomas Conway, Lieutenant of the said troop, came behinde your petitioner and pulled him downe and struck and abused him, your petitioner haveing given him noe cause soe to doe. And your petitioner further sheweth that, on the 30th of June last, Robert Conway, Quarter-Master of the said troop, without any order from the Mayor of Coleraine, where the said troop lyes, ordered two of the troopers to quarter upon your petitioner, and about eleaven or twelve of the clock that night, hee, the said Quarter-Master, with six or eight more of his men, came and broke open your petitioner's doores, and entred his house, and turned a poore sicke woman out of her bed, who hath been sick this halfe yeare and more, without any regard to her condition, though shee is likelier to dye than to live, and ordered other of his troopers to guard the two troopers that hee had quartered on your petitioner, where they ranted, drunke, and swore, leaped and danced all that night. And further sheweth that those two who pretend to bee quartered on your petitioner, with the rest of their fellow troopers who come dayly to your petitioner's house, yet keep it as an ale-house, with drinking and pipeing, so that your petitioner cannot have the liberty of his owne house for himselfe and his family. May it therefore please your Excellencie to grant to your petitioner your Excellencie's order to take such legall course against the said Lieutenant Thomas Conway and Robert Conway, Quarter-Master, Thomas Masden, John Coe, William Hartley, and John Metcalfe, as the law hath provided for the punishing such unlawfull actions soe violently committed by the above said officers and souldiers ; and also to grant your Excellencie's order to the Mayor of Coleraine to examine the truth of these particulers, and to take such course as in your wisedome may seem fitting for the security of your r T 2 100 HISTORICAL MANUSCRIPTS COMMISSION. MS«.of petitioner and his family, and that your petitioner may have the liberty •*Okmo»de. °f n * s owne h° use « And y° ur petitioner shall ever pray, etc. " Dublin Castle, the 6th of July 1669. — The persons against whom the petitioner doth by this petition complaine, and every of them, are heereby required, within eight dayes after sight or notice heereof, per- sonally to appeare before us in the gallery of this Castle to answeare the said petition. At which time and place the petitioner by himselfe or his agent or atturney is likewise to appeare, to the end that, upon hearing what shall bee offred and appeare on all sides, concerning the mis- carriages by the petitioner alleged, wee may give such further order as shall appeare to bee fitt. — Ossory." Thomas Coote, Colonel. — Removal of check placed upon his pay during absence in Dublin in connexion with the passing of his patent.— 5 July 1669. James Harwood, formerly of the troop of the Duke of Albemarle.— Ten months' arrears. — 5 July 1669. Sir Oliver St. George, Knight and Baronet. — Payment of arrears due to Christopher Mathews. — 6 July 1669, George Richardson, of Drogheda. — " That your petitioner, being a private inhabitant of the said towne, was notwithstanding appointed by the Sheriffes to provide quarter for Sir William Fitzgerrald, Lieutenant of the Earl of Drogheda's troop ; which though hee humbly conceives they ought not to have done, yet your petitioner did provide a con- venient chamber furnished for his quarter,, which the said Sir William, because of his being in the country, haveing noe occasion to make use of the same, refused it, and would (after your petitioner was at considerable charges to provide a convenient quarter for him) have money for the same which your petitioner refuseing to give, the said Sir William sent a Corporall and some troopers, and violently entring into your petitioner's house, to the affrighting his wife and family, did take away five pewter dishes to the value of £5 sterling, which hee still detayneth, contrary to law and justice, as your petitioner humbly conceives. May it therefore please your Excellencie to grant your order, requireing the said Sir William Fitzgerald to restore unto your petitioner his said goods. And, etc. «' Dublin Castle, the 9th of July 1669.— Sir William Fitzgerald within named is heereby required forthwith to restore to the petitioner his goods taken from him in manner as by this petition is set forth, and also, within foure days after sight or notice heereof, to answeare the miscarriage by the said petition laid to his charge. — Ossory." William Dormor, Lieutenant. — Removal of checks on pay, and restoration to Colonel Dillon's troop. — 22 June 1669. Richard Thomlinson and William Williams, formerly of Lord Berkeley's troop. — Ten months' arrears. — 17 July 1669. William Brooke, formerly of Lord Aungier's troop. — Like petition. — 7 July 1669. William Freind, formerly of Lord Colooney's troop. — Like petition. — 9 July 1669. Thomas Makes, formerly sergeant in the company of the Duke of Ormonde. — Like petition.— 10 July 1669. Stephen Sanders and Edward Hillton, formerly of Sir William Meredith's troop. — Like petition.— 12 July 1669. HISTORICAL MANUSCRIPTS COMMISSION. 101 John Kirkham, formerly of Sir Oliver St. George's troop, — Like ^ S o? 5 petition. — 12 July 1669. o^oSSmide. Mark Welsh, convicted of robbery. — Praying to be admitted to bail, pending application for pardon. — 14 July 3669. Christopher Kerduffe, Clerk. — Praying that petitioner and his brother-in-law, Ovner Loyd, may be allowed to proceed against Andrew Sterling for assault, etc., and for preventing petitioner from letting tithes in Meath.— 22 July 1669. Robert Bowyer. 1 — Certificate of the Attorney-General relative to conveyance of petitioner's interest in lands included in the Phoenix Park, Dublin.— 27 January 1668-9. William Ogleby, under sentence of death, in Wicklow gaol, for robbery. — Reprieve with a view to obtain pardon or commutation of sentence. — 24 July 1669. Francis Eaton, formerly corporal in Colonel Daniel Redman's troop. — Ten months' arrears.— 25 February 1668-9. John Brodwell, formerly in Sir Henry Tichborne's troop. — Like petition.— 14 July 1669. Margaret Harman, relict and administratrix of Edward Harman. — Appointment of an attorney by "the commanded men," to receive money. — 24 July 1669. Thomas Makes. — Ten months' arrears as Sergeant in the company of the Duke of Ormonde ; with certificate. — 20 J uly 1669. Edmond Hackett. — Complaining that petitioner's lands in Meath, on being included in grant to the Duke of Ormonde, were rendered liable to a rent prejudicial to petitioners; and requesting removal of Sir Robert Byron's soldiers, charged with executing an assignment of the rent.— 24 July 1669. George Gibbs, formerly of Captain Bertie's troop. — Ten months' arrears. 25 February 1669. Walter Athy, Galway, merchant. — Discharge on bail, no proofs having been exhibited in support of the charge against him as to export of wool.— 81 July 1669. Richard Colgan.- — Reprieve from execution for robbery, with the view of proving his innocence. — 2 August 1669. Nicholas Darcy, Esq. — " That your petitioner being with the rest of his estate by decree in the late Court of Claymes possessed of the lands of Plattin and Cresty in the barony of Duleeke and county of Meath, the quit-rent thereof due to His Majestie hath been and is still respited by order of the Court of Exchequer untill next Michaelmas terrae, on a plea entred unto the said charge on his said decree of Innocencie. That the Earle of Anglesey haveing charged the said lands with a patent rent, which is not to reflect on your petitioner, who comes in by Innocencie, and not under the said patent ; and thereuppon assignments are issued from the Receipt Office for payment of £49 4s. 6d. out of the said lands unto Sir Theophilus Jones his troop, and now five of the horsemen are lying on the tenants of your petitioner for the said patent rent contracted by the said Earle of Anglesey, which your petitioner is informed by his Councell is an oppression not warranted by the law of the land. The premisses considered, your petitioner humbly prayeth your Excellence's order to remove the said horsemen from your petitioner's said lands and 1 See p. 60. 102 HISTORICAL MANUSCRIPTS COMMISSION. NH&ob tenants, and that the Treasury may provide otherwise for the said troop. ^emoxde. And your petitioner, etc. " Dublin Castle, the 30th of July 1669.— It not being lawfull to lay souldiers on any persons, to force them to pay any rent or other moneys due to his Majestie, uppon any assignments out of his Majestie's Court of Exchequer, wee require the souldiers within mentioned forthwith to draw off from the petitioner and his tenants, and imediately to appeare before us and shew by what authority and order they are layd uppon them for the matter in this petition mentioned. — Ossory." Samuel Hill. — Referring to former order to several officers, etc. of Sir George Rawdon's troop to answer petitioner's complaint ; and request to be exempted from quartering any but the soldiers named. — 3 August 1669. John Jubbs, of Lord Berkeley's troop. — Removal of check from pay ; with certificate. — 4 August 1669. John "Withering ton, formerly of the Lord Deputy's troop. — Ten months' arrears. — 5 August 1669. Thomas CufFe, Captain. — Removal of check from pay of soldier in the company of the Earl of Mountrath, enlisted in lieu of one who had died in the Isle of Arran; with certificate.— 5 August 1669. Francis Rolleston, Lieutenant to Sir Daniel Treswell. — Praying that the checked pay of soldiers who were discharged may be transmitted to petitioner for payment; with certificate. — 4 August 1669. Robert Reading and Christopher Lovett. — Recovery of debts. John Foster, 1 " a condemned prisoner at Catherlogh." — " That a mare beeing stolne by a person now prisoner in Cavan, your petitioner bought the same of him in the County of Catherlogh, where hee lived neere his wife's relations, who haveing a great antipathy against him by reason of a breach between him and her (uppon which shee runn away and left him six small children) occasioned their prosecution of your petitioner, alledgeing his stealing the said mare, which hee avowing to have in custody, though innocent of the fact, which can bee made appeare by a letter from Sir Francis Hamilton to Esquire Bulkeley, from one of whose tenants the said mare was stolne. That the said person in Cavan gaole confesst the stealing of her and selling her to your petitioner, which letter your petitioner pleaded, but Esquire Bulkeley not being present at the Assizes, nor haveing sent the letter, the Judges past sentence for your petitioner's execution on Thursday next being the 12th of this instant August. And for as much as your petitioner's innocencie can be made appeare, not only by the said letter, but by the Lord Aungier, in a short time, if your Excellencie will be mercifully pleased to grant him some space to that end, hee most humbly beseecheth your Excellencie to grant him a reprive for a moneth's space ; or such other time as your Excellencie shall thinke fitt, to inable him to make out his aforesaid allegations. And hee, etc. " Dublin Castle, the 10th of August 1669. — The Judges of Assize, before whom the petitioner was tryed, are to certify us bow the matter for which hee stands convicted did appeare uppon his tryall, together with their opinion whether they conceive him to bee an object of his Majestie's mercy. And, to the end there may bee reasonable time to solicite the report of the said Judges therein, wee are pleased that the 1 See p. 105. HISTORICAL MANUSCRIPTS COMMISSION. 103 execution of the petitioner bee respited for the space of twenty dayes MSS. of \ from this day, whereof all his Majestie's officers and others whom it may o/oSoJiU eoncerne are to take notice. — Ossory. — Sir Nicholas Armorer, Knight, Deputy- Governor of Duncannon. 1 — " That, by a clause in the Act of Settlement for Ireland and the Act of Explanation thereof, there is granted the yearely value of £300 in lands, as a maintenance for his Majestie's Fort of Duncannon, which lands are accordingly by letters patent settled upon the said Fort. That his Majestie hath been pleased by his letter to settle on your petitioner, as his fee out of the said £300 per annum, 10 shillings per diem, which amounts to £182 10*. Then there remaines £117 10s. to bee disbursed on the said Fort. For such disbursements from time to time, as occasion shall require, your petitioner prayeth hee may have a standing order from your Excellencie for disbursing the said remainder on the necessary repayres of the said Fort, and to bee accomptable for them to the trustees appointed for the said lands as often and in such manner as they shall require. And your petitioner, etc. "Dublin Castle, the 10th of August 1669. — Wee are pleased that, according to the petitioner's request, he may disburse the one hundred and seventeen pounds and ten shillings in this petition mentioned, in and about the necessary repairations of his Majestie's Forte at Dun- cannon from lime to time, and that hee bee accomptable for the same to the trustees within mentioned. — Ossort." George Cullen, sentenced to death for horse-stealing. — Praying for pardon or transportation to America. — 7 August 1669. Richard Warde, distiller. — Recovery of debt from Constantino Raven, of the troop of the Earl of Drogheda. — 12 August 1669. Stephen Sly. — Recovery of debt from Robert Warren, of the Earl of Anglesey's troop. — 13 August 1669. Mrs. Sarah Wilson. — Permission to proceed against John Anderson, a soldier under the command of Colonel Willoughby, for seduction. — • 13 August 1669. John Benson. — Recovery of debts from soldiers. — 16 August 1669. Nathaniel Philpott. — Recovery of debt from Edward Trevor, of Lord Dungannon's troop. — 21 August 1669. Robert Blackmore, prisoner in Longford gaol. — Pardon, in forma pauperis; with certificate. — 24 August 1669. William Potter. — " That your petitioner did pay £20 to Sir Daniel Treswell for his admittance into his Majestie's guard of Eattleaxes, and for seven yeares diligently performed his duty without any neglect. That, through the advance of the said £20, and that his pay is in arreare, and moneys oweing to him from severall of the army, hee remaines indebted to others. That, uppon Sir Daniel's report to your Excellencie (on the petition of one Mathew Cole for a debt) therein alledgeing that your petitioner was a loose liver, and to bee turned out of the said guard for an example, your Excellencie was pleased to give order for his dismisse. And your petitioner, beeing thereuppon dismist, is with his family likely to bee utterly ruined. That your petitioner hath agreed with the said Cole and intends, as hee is able to cleere the rest of his debts, hath been and still is of honest conversation paying taxes, etc., and is not a loose liver, but of good repute in the citie of 1 la county of Wexford. 104 HISTORICAL MANUSCRIPTS COMMISSION. MSS. op Dublin, as by the annexed certificate 1 appeares, your petitioner humbly o^Ormonde pra-ycs that your Excellencie will bee pleased to order his readmittance - — and continuance in the said guard ; otherwise, that hee may bee repaid his said £20 and the arreares of his pay, and then hee shall bee in a capacity to pay his debts ; or to referr your petitioner to bee tryed at a Court Marshall, if hee have committed anything worthy. And hee, etc. "Dublin Castle, the 23 of August 1669. — If the petitioner conceive hee have cause of suit against Sir Daniel Treswell for the money within mentioned, wee leave him at liberty to take his legall remedy against the said Sir Daniel, notwithstanding his military capacity ; and for such arreares of intertainment as remayne due to the petitioner at the time when hee was dismissed out of the guard of halbertiers, hee is to expect payment thereof with the rest of the said guard when they shall bee payd for the time in which the petitioner served. — Ossory." Nicholas Darby. — Recovery of amount due by James Henderson, tailor of the Guard of Horse. — 25 August 1669. u The petition of the two Choyres of Christ Church, and of St. Patrick's, Dublin." — " That severall rectoryes and impropriations returned by the respective Archbishops and Bishopps to the Counsell Board, in obedience to the order thereof, have been passed into patent in the name of his Grace the Lord Archbishop of Dublin, Dr. John Parry and Dr. Thomas Seele, Deanes of the said churches, and their successors for the use aforesaid. That these impropriations following, viz., two-third parts of the tithes of Timolin, in the county of Kildare," etc. — See p. 69. " May it therefore please your Excellencie to grant your warrant that the said impropriations and rectoryes above mentioned (all or most of which are already in the possession of your petitioners) may bee passed into patent in the name of his Grace the Lord Archbishop of Dublin, etc., and his successors for the time beeing, and in the name of Dr. John Parry and Dr. Thomas Seele, Deanes of the two Cathedralls of the Holy Trinity and of St. Patrick's, Dublin, and their respective successors for the time being, for the use of the said two Choyres, according to his Majestie's and his Lord Lieutenant's and CounselPs intention in that behalfe, they paying such rents, reservations, and dues out of the said rectoryes to his Majestie as is formerly due out of the same, together with a fifth part more by way of augmentation or increase of rent, according to a late act of Counsell in that behalfe. — Ossory." " Choyres of Christ Church and St. Patrick's [Dublin]. — Wee require his Majestie's Atturney and Solicitor- Generall, or either of them, forth- with to draw up a fiant, in due forme of law, contayning a grant from his Majestie his heires and successors to such purpose, to such persons, and of such impropriations and rectoryes, as are named in the annexed petition of the two Choyres of Christ Church and St. Patrick's, Dublin according to the tenor and effect of the Act of Parliament directing the same to bee done, and of the annexed order of the late Lord Lieutenant and the Counsell of this kingdome given the 2 1st day of February 1667[-8], in pursuance of the said Act of Parliament, inserting in the said fiant all such reservations and other clauses as by the said Act of Parliament and order of Counsell are required, and all such other clauses as in cases in like nature are usuali, and the same, fairly ingrossed in parchment under the hand of the said Atturney and Solicitor- Generall, or under the hand of either of them, to send unto 1 Not in the MS. HISTORICAL MANUSCRIPTS COMMISSION; 105 us to bee further passed, as appertained, for doeing whereof this shall mss. of bee a sufficient warrant. Given at his Majestie's Castle of Dublin, the ofOrmowde 28th day of August 1669.— [Ossory.] " — Anthony Marley, Captain. — Payment of arrears due to John Moreton, formerly captain of petitioner's company, to be applied to liquidation of debt.— 30 August 1669. Edward Brabazon, Captain. — New warrant for pardon; with certificate. — 1 September 1669. Henry Howard, Captain. — Arrears as commander of a foot company at Limerick ; with certificate. — 28 August 1669. Sir Oliver St. George. — Benefit of muster for himself and servants during absence. — 12 July 1669. John Foster, "a prisoner at Catherlogh." — "May it please your Excellency : In obedience to two severall orders, made on the petition of one John Foster, the first, 1 dated the 10th of August last, directed to the Judges of Assize, hefore whom the petitioner was tryed, to certify how the matter for which the petitioner was convicted did appeare uppon his tryall, the second, dated the 30th of August, aforesaid, directed unto myselfe, directing mee to certify unto your Excellency how the matter for which the petitioner stands convicted did appeare ; I humbly certify to your Excellency that the first referrence came not to the hands of the Judges to whom it was directed, nor did I see the second order till of late. But the matter contayned in both the said petitions was that the petitioner was charged for stealing a mare of the goods of one Richard Jackson, and it was proved that hee was scene the night before neare the lands where the mare did grase, and that the mare was in his custody, which (to the best of my remembrance) hee did acknowledge, but alleaged that hee had bought the mare of one Nixon, who hee said was in the gaole of Cavan, and that Sir Francis Hamilton, Knight, had signified so much to Richard Bulkely, Esquire, one of his Majestie's Justices of the Peace for the county of Wicklow. But Mr. Bulkeley not being present at the tryall, nor sending the letter to make good the petitioner's allegations, hee not proveing the buying of the mare from Nixon, the jury found him guilty and thereuppon judgement of death was given against him, after which I had noted that Sir Francis Hamilton did write such a letter to Mr. Richard Bulkeley. This being all which I remember that appeared uppon the petitioner's tryall, I humbly offer it to your Excellencie that the petitioner bee reprived for some reasonable time, to the end that Sir Francis Hamilton bee consulted whether Nixon made any such confession to him, and till Nixon also bee examined whether hee did not sell the said mare to the petitioner ; and if hee confesse the selling the mare to the petitioner, that then the petitioner bee reprived untill the next assizes bee past, at which it may appeare whether the petitioner be guilty of stealing the said mare. All which I humbly certify and submitt to your Excellencie's more serious consideration, this 8th day of September 1669. — John Bysse. " Dublin Castle, the 9th of September 1669. — Upon consideration of the within certifycate of our very good Lord, the Lord Chiefe Baron of his Majestie's Court of Exchequer, wee are pleased for the present heereby to order that the execution of the petitioner be respited for three moneths more from the date heereof, to the end in the said certifycate mentioned, whereof the Sheriff e of the county of Calherlogh is to take notice, and to respite his execution accordingly. — Ossory." 1 See p. 102. !<)<; HISTORICAL MANUSCRIPTS COMMISSION. mss.of Lauglrlep O'Hanlan, " prisoner at Dundalkc." — "That your peore ok Ormonde, petitioner, at the last Assizes held at Dundalke for the county of Louth, — was found guilty of the stealing of a horse of the goods of one Patrick M c Guerke, and thereuppon judgement of death awarded against him. That your petitioner being but under 18 yeares old, and it appearing to the then Judges that it was his first fault, and inticed thereunto by evill persons they were pleased to reprive the petitioner for a moneth, which time is neere expired. Now forasmuch as your petitioner is young and hath committed noe crime before, and is willing to doe his Majestic service, and resolved to become a new man, may it please your Excellencie to grant him his Majestie's gracious pardon for the said cryme. And hee, etc. " Dublin Castle, the 7th September, 1669. — The Judges before whom the petitioner was tryed are to certify us how the matter for which hee stands convicted did appeare uppon his tryall, together with their opinion whether they conceive him to bee an object of his Majestie's mercy. — Ossory. " May it please your Excellencie : The petitioner being indicted before us at the last Assizes held for the county of Lowth, for stealing a horse of the goods of Patrick M c Guorke, the 10th of July last, uppon his tryall and plaine evidence hee was found guilty, and thereuppon received sentence of death, and warrant issued to the Sheriff for putting the same in execution. But, uppon the great importunity used in the behalfe of the petitioner for deferring execution for some small space, wee did direct the said Sheriffe to forbeare the execution for about three weeks or a moneth. And as touching the other allegations in the petition mentioned, nothing did appeare to us, save only that it did not appeare that the petitioner had been formerly charged with any cryme of that nature. All which is humbly submitted this 9th of September, 1669.—- J. POVET. " Dublin Castle, the 10th of September 1669. — Uppon consideration of the foregoeing certifycate of Mr. Baron Povey, one of the Judges before whom the petitioner Laughlin O'Hanlan received his tryall, wee are pleased to extend his Majestie's mercy unto the said petitioner for the fact in the said certifycate mentioned. And wee doe heereby require his Majestie's Atturney and Solicitor-Generall, or either of them, to draw up a flant in due form of law, contayning his Majestie's gracious pardon to the petitioner for the said fact and all forfeitures, paynes and penaltyes thereby incurred, inserting in the said fiant all such clauses as in like cases are usual, and the same, fairly ingrossed in parchment under their or one of their hands, to send unto us to be further passed as appertaineth. For doeing whereof this shall bee a sufficient warrant. — Ossory." HISTORICAL MANUSCRIPTS COMMISSION. 10'7 MANUSCRIPTS OF THE RIGHT HONORABLE THE EARL mss.of OF FINGALL, KILLEEN CASTLE, IRELAND. BY ™J?± f T L r op JOHN. T. GILBERT. — * The principal manuscript in this collection, on which some remarks have been made in the Tenth Report of the Commission, bears the following title, now partly obliterated : — u A Light to the Blind ; Whereby they may see The . . . Dethronement of J[ames] the Second, King of England : With [A br] ief Narrative of his warr in Ireland : and of the warr [between] the Emperor- and the King of [France] for The Crown of Spain. Anno 1711." This work is the production of an earnest advocate of the Stuart cause, and of the rights of the Roman Catholics in Great Britain and Ireland. It is divided into three " books," the first and second of which, consisting: of upwards of 900 pages of small quarto paper, are bound together and lettered, " Plunket's Irish Hist[ory], Vol. 1." The last page of book 2 in this volume is marked 978. Book 3 forms the first portion of a second volume bound uniformly with Vol. 1. Its initial page is numbered 741 and the final one is marked 1,533. The paper on which the third book is written is somewhat larger and thinner than that in the preceding volume. The writing appears to be in the same hand throughout the entire, and is large but not elaborate. In book 2, chapters 6, 7, 8, and 9 are erroneously numbered in the manuscript as 13, 14, 15, and 16. The page following 724 in the same book is, by mistake, numbered 745, and from the latter the erroneous numeration is continued to the end of the first volume. A reproduction of a page of the second book, containing portion of the account of the battle of Aughrim in 1691, appears in the " Facsimiles of National Manuscripts of Ireland, Part IV. 2, plate xcvii., published in 1884. In the third book, some passages have been struck out and partly obliterated apparently by the author or a contem- porary. The objects and views of the author are to some extent expressed in the preface and in the initial chapter, both of which will be found in our Appendix, Nos. I. and II. The first " book" is composed of nine chapters, divided as follow, in the manuscript :- Pages of the ter. Sections. MS. 1 1 to 4 1 to 4. 2 1 » 8 4 „ 16. 3 1 „ 7 16 „ 32. 4 1 32 „ 38. 5 1 7 38 „ 45. 6 1 „ 59 45 „ 109. 7 1 • 109 „ 117. 8 . - 1 „ 48 - 117 „ 189. d - 1 „ 52 - 189 n 270. 108 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of The second, third, fourth, and fifth chapters of the first book are TH Fingaxl.° F occupied with a dissertation on the oppressions which the Roman Cat holies in England and Ireland suffered under Henry VIII., Edward VI., Elizabeth, and James I. In chapters 6, 7, and 8 the author writes of the public affairs of England and Ireland in the times of Charles I., the Parliament, the Irish Confederation, 1 and the Crom- wellians. The treatment of the Irish after the Restoration forms the subject of the ninth chapter, which concludes with the death of Charles II. The second " book " is divided as follows : — Pages of the Chapter. Sections. MS. 1 - - 1 to 57 - - 271 to 333. 2 - - 1 „ 50 - - 334 „ 391. 3 - - 1 „ 39 - - 391 „ 451. 4 - - 1 „ 28 - - 451 „ 487. 1 „ 60 - - 487 M 575. [6] - - 1 „ 65 - - 575 „ 659. [7] - - 1 „ 116 - - 659 „ 830. [8] - - 1 „ 52 - - 830 „ 882. [9] - - 1 „ 80 - - 882 „ 978. The following is a brief synopsis of the subjects treated of in the preceding chapters, which constitute the second part of the work. Chapter 1. — Account of James II., before and after his accession to the crown to the period of the acquittal of the seven bishops. — Dissertation on the changes of religion in England from the time of Henry VIII. Chapter 2. — Movements in England and Holland against James II. — Birth of Prince of Wales. — Departure of the Queen ; flight of the King and his arrival in France. Chapter 3. — Proceedings in England after withdrawal of James II. — Discourse on his public acts and dethronement. See Appendix III. Chapter 4. — Relations between James II. and the Irish people. See Appendix IV. — Movements in Ulster. — Arrival of James II. in Ireland in March, 1688-9. Chapter 5. — Acts of James II. in Ireland. — His object, " to regain England, his principal kingdom, by the assistance of his Irish Catholick subjects." — Condition of inhabitants of Ireland. — Considerations on Act for settlement of Ireland under Charles II. — Siege of Londonderry, 1689. — Parliament at Dublin. — Proceedings in Ulster. Chapter [6].— Campaign 1689-90 in Ireland. — Arrival there of William III. — Battle at the Boyne. — Siege of Limerick. — Return of William III. to England. — Departure of Tyrconnell to France. — Opera- tions in Munster. See Appendix, Nos. V., VI., VII. — Continental transactions. Chapter [7]. — 1691 : Account " of the third and last year of the Irish war, which the Catholick people of that kingdom had undertaken for to vindicate the King's rights against the rebellion of England." — Return of Duke of Tryconneli and his associates from France to Ireland. — With- drawal of Duke of Berwick from Ireland. — Arrival of General St. Ruth at Limerick. — Military operations of Grinkell and St. Ruth. — Opposition 1 At page 180, the author observes : — " It is not my province here to relate the Iriih-warrof those tymes [1641-1649], but to shew the loyalty of the Catholick subjects 0$ Jwland, an 78 1706 5 1 >> 31 1707 6 1 5J 27 1708 7 1 18 1709 8 1 >> 10 1710 9 1 13 1711 - 10 1 13 1712 - 11 1 7 1713 - 12 1 » 1 Philip V., King of Spain. 110 HISTORICAL MANUSCRIPTS COMMISSION. MSS. 01 rule nations that stand in need of a just ruler : Sir, you know that the end FiiSfJiL. * of government is the happiness of the people. This happiness cannot — ' be obtain'd unless everyone enjoyes his rights. That everyone may enjoy his rights it is your charge to see. If this charge be neglected, you obstruct the end of government, which Heaven never passes unreveng'd. Here, therefore, your nicest ponderation ought to be imploy'd, and in ithe virtue thereof you will rowl your eye around your kingdoms and where you will see justice oppress'd, let noe human consideration hinder you from giving relief. That you may better perform this divine task, consult in the beginning the Priest of the liveing God, who will dare tell you truth, while wordly courtiers are apt for lucre to flatter you to your destruction. But to enable you to do the office of a king in general, retain allwayes such sufficient troops as you may confide in. Otherwise you are a lost Prince, as the great confessor your royal father was. You have learnt from his experience how to choose your men, who, certainly will be Roman Catholicks, and such Protestants as have constantly remain'd stanch in their loyalty, commonly call'd Jacobits. On others there is no depending, tho they should have contribut'd to your Restoration ; yett lett them enjoy what you have promis'd unto them, provided it be just in itself or be not to the wrong of a third person. And so may the Allmighty God keep you in his holy protection to his greater honour and glory." The next chapter, which is the tenth, opens as follows : " The ould sayeing comes now home to us : Man proposes but God disposes. The leading men of the Episcopal Protestants in England lixt so their resolution the last year for bringing home out of France King James the third that they doubted not of its being perform'd in this year 1711. That was the onely reason why we ended our History with the last campagne, as we mentioned above. But Providence hath thought it fitt to putt off for a while that happy return of a Prince, who with the last zeal is clesir'd by suffering nations ; yett this delay, we can truly say, is for the best, as we shall observe beneath. In the interim we will continue our History for a campagne or two more, and shall begin the new year 1711 with our usual narrative of what principal matters have happened therein throout Europe, tho we may say that there has been noe military action in the western part thereof worth recording ; so idle have armyes been on all sides, tho the expense hath prov'd the same as in every year. But whether this idleness be the effect of wisedom in their princes and councils, we will leave it to the discussion of others who have more leisure to examin that conduct which is so grievous to their subjects, that thence we must judge they have noe compassion of their suffering people, because they do not minde to finish the warr speedily by a vigorous military effort or by a pacifick treaty ; they are so carried on by ambition and covetousness. It were pitty to be under such soveraigns, but that subjects must bear the government of those who are appointed their rulers by birth or election." Among the subjects treated of in this chapter are the movements for the " re-inthronement " of "James III.," and his determined adhesion to the Roman Catholic religion. In the eleventh chapter, under the year 1712, the author, among other matters, deplores the death of the Princess Marie Louise Stuart, daughter of James II., and notices the acts of Ormonde, Prince Eugene, Marshal Villars and Marlborough, and the arrangements for the peace between England, France and Spain to be signed at Utrecht. The twelfth chapter, with which the work concludes, is given in No. XIX. of our Appendix. The manuscript of the " Light to the Blind " affords no information relative to its author or. his name which has been assumed to have been HISTORICAL MANUSCRIPTS COMMISSION. Ill Plunket, as in the old lettering on the binding, already mentioned. The MSS. op Plunkets or Plunketts, it may be observed, ranked among the most TH ^ixg^ll important of the Anglo-Irish Catholic adherents of Charles I. and his — family. The chief houses of the Plunketts were those of which the heads were the Earl of Fingall, the Barons of Dunsany and Louth, and from them there were many important off-shoots. Peter Plunkett, fourth Earl of Fingall, was only eight years of age at the accession of James II. in 1685. Christopher Plunkett, Lord Dunsany, served as a captain in a cavalry regiment for James II. Four captains, three lieutenants, and three ensigns of the name of Plunkett were included in the infantry regiment levied for the same king by Oliver Plunkett, Lord Louth. In the " Light to the Blind " are incidentally mentioned Sir Nicholas Plunkett, Member of the Supreme Council of the Irish Confederation, 1642 ; Margaret Plunkett, Dowager Countess of Fingall, one of the witnesses to the birth of Prince James Edward Francis Stuart ; Walter Plunkett, a Commissioner of the Mint at Dublin for James II. ; Richard and Christopher Plunkett of the regiment of Lord Louth ; and Brigadier Patrick Plunkett, described as " a very experienced officer of foreign education," who served in Limerick during the siege in 1691. The Gallicisms in the " Light to the Blind " indicate the Continental associations of the author. The first references in print to the " Light to the Blind " appear to have been two brief and inaccurate extracts in Vol. I. of a " History of Dublin," published in 1818, by VVarburton, Whitelaw,and Walsh. The manuscript of the " Light to the Blind " was subsequently lent by the Earl of Fingall to Sir James Mackintosh, whose pencil markings on it indicate the passages which he selected for transcription. 1 The late Sir William Wilde in 1859 submitted a notice of the " Light to the Blind" to the Royal Irish Academy, Dublin. This communica- tion was not printed, but a brief abstract of it was given in a Dublin newspaper of the time. In this, the following passages appear in a letter addressed in June 1859, by the Earl of Fingall to Sir William Wilde, in relation to the manuscript of the " Light to the Blind " : " It is evident that the author was an enthusiastic and devoted admirer of King James, and very probably a follower of his fortunes. As to your inquiry respecting the traditions of this manuscript in our family, I am sorry I can give you very little information. I can remember in my father's time it was looked upon as a valuable and curious work, and shown as such in the library [at Killeen Castle]. I have always heard that it was written by a Nicholas Plunkett, 2 an eminent lawyer of the time, but of what precise branch of that family or how it came into the possession of this house, I do not know." The author may have been connected with Plunket, who, under the pseudonym of t( John Rogers," acted in 1713-14 as a diligent secret agent in England and on the Continent in the interests of James Edward Francis Stuart, with whose secretary, David Nairn e, he maintained communications in relation to the projected return of that Prince to England as King James III. In one of these despatches in 1713, Plunket mentioned that he had been educated for some years in Germany, and in another he referred to his intercourse with Lord Fingall, whom he described as " no man of great parts, but most zealously honest " to " James III." 1 See History of England, by T. B. Macaulay. London : 1855, Vol. III., pp. 145, 153, 173. 3 An account of a MS. ascribed to Nicholas Plunket, relative to the affairs of Ireland in 1641 and subsequent years, will be found in the Appendix to the Second Report of this Commission, 187l> p» 227. - . - 112 HISTORICAL MANUSCRIPTS COMMISSION. bIaeloi Appended to the third and lust "book" of the " Light to the Blind," Fingall. and nearly all in the same handwriting with it, are several anonymous short pieces, ranging in date from 1696 to the close of the reign of Queen Anne, in relation to James II., the condition of the Roman Catholics of Ireland, and the expected reception of " James III." in England. A catalogue of these productions, in which the extent of each is noted, will be found in our Appendix, together with extracts from two of them in verse on the death of James II. The manuscript of the il Light to the Blind " is in fair condition, with the exception of the title and a few pages which are somewhat soiled. The extracts appended to the present Eeport are now printed for the first time. They exhibit the style of the work as well as the character of the details which it supplies in relation to Ireland, and to the affairs of the Stuarts and their adherents. Appendix, I. " The Preface." " Stop here, Reader, to know my method in this treatis. I sett down in the first book the religious origin, and the behaviour of the people, who have dethroned their King under pretence of misgoverning, before I treate in the second book of the life of James the Second : to this end chiefely, that the world may see whether the said people may be worthy of belief in their allegations against that Majesty. I have noe rancour in my writeing, tho' I may seem sharp in my expressions now and then, as the subject requires. My aym in this work is to do good to both sides, viz., to procure temporal comfort to one, because it is their due ; and to show unto the other the way of obtaineing a lasting happiness, of which they are wide not onely thro' want of religion, but also of doeing justice. Justice every man must do for salvation, tho' he should have the true way of worshiping God. Render to all men their due : to whom tribut, tribute : to whom custom, custom : to whom fear, fear; to whom honour, honour. 1 If your justice be not greater than that of the Scribes and Pharisees, you shall not enter into the kingdom of Heaven. 2 Reflect on the satisfaction Zachaeus gave, in case he had defrauded any. 3 Remember what punishment was inflicted by God on Queen Jesabel in particular ; and also on King Achab, for the injustice they had don to Naboth, as you may read in the third book of Kings, chapter[s] 21 and 22. Wherefore I begg of the injurious party to peruse attentively this volume for their own substantial good : and to be perswaded beforehand, that; whatsoever is sinful by the law of nature as theft, robbery, usurpation, and other such crimes, cannot be rendred lawful by any human law, and if we be guilty of any the like transgres- sions we are bound, inasmuch as it lyes in our power, to make satisfaction to the party grieved, upon the penalty of damnation, which to avoyd, a wise man will choose to live and dye here in poverty, rather than to incur it by the injust enjoyment of a kingly grandeur." II. " Liber I. — Chapter I." u 1. A debt, I owe to justice in vindicating the injured, and a compassion to the injurers in showing their unhappy state, are the motives of my 1 Romans, xiii. 7. 2 Matthew, ?. 20. 3 Luke, six. HISTORICAL MANUSCRIPTS COMMISSION. 113 undertaking here to give a plain and familiar discourse : whereby I shall TH ^^^J op endeavour to rectify misintelligencies, which have from tyme to tyme fingall. brought dismal destructions on the English monarchy. It* my efforts succeed, I have gained a great reward in the comfort of haveing con- tributed to the doeing of so much good. If they prove otherwise, I have enough for my labour, in letting friends and foes understand my amicable intentions for a reconciliation between them, to the substantial emolument of both partyes. " 2. But my carriere is allready stopt by an objection, which sayes : my slender endeavour must needs miscarry, since many an able pen have not prevayled. For the mistake of England is not in the under- standing, which hath been convinced, but in the will, which still refuses to follow the fate of the intellect, tho' she is obliged to p. 2. follow it. I must confess, this is a sufficient cause of my despayr : and the more because it is the case of other nations, that have been struck blind with the blindness of the mind. With such the doing of wonders avayled not to give them sight : which was the grand signe of their reprobation. The instances hereof you may behould in Pharo and in his people of Egypt : who taw prodigious signs don by Moses for proof, that he was sent by Grod to leade the Israelits out of bondage : yet that prince and his subjects persisted in their evil intentions, until they fatally payed for their pervicacy. The Jewes likewise were dayly spectators of wonders upon wonders don by our Saviour, to prove, that He was their promised Messias : yett they remained so stupendiously incredulous, that they putt him to death for an impostor, which brought an extirpation upon them, so as to be noe nation. And which augments our admiration and their obstinacy, is, that the scattered members of that Judaical people, have seen for these seaventeen hundred years, the per- p. 3. son they had murdered to be adored for God and the Messias by the wisest nations of the world, while they themselves continue slaves to mankind : and yett they maintain stiffly their original errour. "3. The consideration of those precedents should make me refrain from assumeing to convince people of an errour, which they have often committed : and do still believe it to be noe faylure ; tho' excellent remonstrances of the contrary have been formed. My desire of takeing up this province proceeded from the abuse the people of England gave lately to their own natural King, James the Second, now deceased. In which enterprize my aym was to amend their principles for the future. For it is better late than neaver : and if this amendment happen not, there can be noe long repose in the kingdom ; because the people will be still subject to misinterpret the actions of their princes : and so every King in his turn may suffer. "4. Notwithstanding this powerful barrier© to my undertakeing : yett I am carryed on with an impetuous force to try my luck by common reason, and by matter of fact, in hopes to catch som well meaning p> 4. persons: but who are lead astray by su[b]tle contrivers of mischief; of whom there is plenty in every King's reign : who begin troubles, purely to aggrandize themselves, tho' they pretend for the good of religion and commonwealth as it hath been found frequently by a woful experience in England dureing these last two ages." III. [Observations on Government of James II.] " 28. Haveing proved that the people of England had noe authority p. 428. vested in them to dethrone James the Second, altho' he had reigned T 84068. H 114 HISTORICAL MANUSCRIPTS COMMISSION. the if'*! or ^ e a ty ran ' ,: we now shew, that lie was free from the stain of T ?incku.l 0F tyranny. I have often admired at the foolish mallice of the English — Protestants against this matchless prince. And as often upon reflection P- 429 - have I ceased admireing, by considering, that mallice is a hug pur- blind, and haveing her brain covered all with soot, so as she cannot well see, nor rightly understand. Nature sure had formed our Brit- tanick King for a pattern of meekeness, humility, and patience. Which is attested by his countenance, by his conversation, by his speech, by his comportment in all changes of fortune; and by all unbyassed persons, that have had the honour of his acquaintance. Which are qualityes directly opposit to those of a tyrant. He so litle delighted iu blood, that to his own prejudice he was backward to spill it, when he could lawfully do the thing. Wittness this truth his mild behaviour towards the Protestants of Ireland : the greatest number of whom was actually in arms against his Majesty, when he himself was in that kingdom : and the rest generally were prepared for rebellion upon the first safe oppor- tunity : which they obtained by the battle of Boyn : and so sided with the Prince of Orange. The officers of the Irish Catholick army can avouch for this. Nay, the King was so infatuated (as I may say) with P- tenderness towards his English- Protestant rebells, that he continued the same feeling for them unto his dyeing day. And then with his parteing breath, he admonished his royal son the Prince of Walles, to take pitty (instead of revenge) on his mislead people, whenever Providence shall place him on the throne of his ancestors. " 29. His government was so sweet and so just, in the judgment of the impartial and of the wise, that the rest of mankind might wish to be under the regency of such a monarch. In a word, his subjects seemed to be generally satisfy d with his administration except Epis- copal Protestants. I am sure, the Protestant Dissenters were obliged in the highest gratitude to be contented with such a King, who gave them priviledges, which they neaver had before ; tho' afterwards they ingratefully abandoned him in the tyme of need, notwithstanding their promises of loyalty sett down in their publick addresses unto him, when P- 431. they receaved those franchises. But lett us here discuss the matter, whether his Majesty hath proved unto those Episcopal men, his prin- cipal enemy es, so tyrannical a governor, as to deserve that last of punishments in being deposed, tho' we should grant them a power of dethroneing their King, when he becomes a real tyrant. " 30. A tyraut is he, who regards neither God nor man, law, equity, nor custom : who oppresses the liberty of his people, and violently takes away their propertyes, when his pliancy promptes him to it : and somtymes their lives without law : who destroyes their religion upon his bare whimzy : inverts the course of justice : gives all the posts of the commonwealth to profligat men, and to such, as will be instruments un'o him in his wicked dessigns : in a word, who swayes for his own onely pleasure ; not careing what becomes of his subjects, but so farr, as they may serve to his privat ends. " 31. Now I would fain know, which in particular of these crimes can p. 432. Protestants lay to King James the Second's charge ? or whether can they impeaeh him of all ; and prove home their impeachment ? I am certain with all moral certainty, and by experimental knowledge, that they will neaver be able to fix the description of a tyrant on that Majesty : unless we believe their naked allegations : which is all they have said hitherto to the point. I have shewed above, what a King our great James was at his accession to the crown : to which I here adde a HISTORICAL MANUSCRIPTS COMMISSION. 115 short discourse of bis demeanour in the royal government. When he MSS. of mounted the throne, his Majesty had provocation to shew himself T ^^f^ t op tyrannical to all such Protestants as had been injustly violent in carryeing i *[&ai• 440. premunire the first tyme : for the second refusal it was treason. ^ To return from a Protestant to the Catholick church, treason. For priests to come into England from forraign couni ryes, treason. If any priest was made in England since the first year of her reigne, and shall stay in the land forty dayes after the Parliament in the year 1585, treason. HISTORICAL MANUSCRIPTS COMMISSION, 117 To harbour a priest was felonv and death. If young English students MSS. of abroade returned not, and abjured the Oatholick religion, 'twas treason. fingail. To bring into England an Agnus Dei, beades or crosses, was a pras- munire. To bring a Bull, or any sentence of excommunication from Rome, which might concern the Queen, 'twas treason. Not to goe to the Protestant church in a month's tyme, for to hear service, it was a penalty of twenty pounds in the 27 th year of her reign; tho' before that it was but twelve pence every Sunday. And whatsoever Catholick could not pty the twenty pounds, he was to remain in prison for the P- 441- same. To depart out of England without license, and not to return in six months after the proclamation, was a forfeiture of all goods and lands dureing life. To heare mass, was a fine of a hundred marks. If a man's son or servant (not being a merchant) went beyond seas with his consent, he forfeited one hundred pounds. I should be weary to tell you the actual loss of goods and lands : the imprisonements, reproaches, chains, fetters, banishments, and deaths wdiich the Catholicks of England were forced to suffer barely upon the account of their religion by that inhuman woman, who was an usurper both of the crown and of the Catholick church in England. Her detestable life written by Doctor Sanders and others will afford you plenty of her tyrannical actions. But that most hellish usage she gave to that most honourable person, Sir Francis Tregeon, (whose body lyes still incorrupt at Lisbon in Portugal) as also to M r Rigby, and to M r Christopher Watson (the last of them perishing at York in the year 1581 with eighteen persons more thro' the very infection of the prison) shall stand as an everlasting mounment of a compleat tyrant. In fine, this Jezabel with bloody force (as Mahomet extirpated the Christians of Asia) so she destroyed the Catholick religion of England, (which had been there planted in the 7 th age of Christianity in various miracles,) after she had made an end of all the ould Bishops of the land in prisons and exile, and murdered the inferiour clergy, and banished them ; giveing all the ecclesiastick liveings of the kingdom to mock-Bishops of her own, and to her ministers, not to repeate here the ruin she brought upon the church of Ireland. Yett after all those unpnrralleld barbarietyes, these present blind moles of England can see noe mark of tyranny in her over the original religion of the nation, and over the innumerable pro- fessors thereof: and they imagin to have beheld King James the Second a tyrant over Protestants, tho he used noe severity at all towards them. For they themselves have not dared to particularize the actions of his tyranny : onely like fools, children, or madmen, have bawled out in general terms, the King was a tyrant, after they had dethroned him. We have putt them to the test ; whether did he did extirpat the Protestant p. 443. Bishops, and the rest of their clergy ? whether did he take away their great and small liveings ? whether did he putt any to death for not coming to mass : or in the least punish them for fayleing therein ? wmether did he deprive the Protestant layety of all imployments : and declared them incapeable to be imployed hereafter in the common- wealth ? No : they can object noe such thing. Nay, he gave them their own wish. For he kept up their religion by a positive and un- fayleing method; which was in preserveing a succession of their Bishops. When one was dead, he gave leave [for] another to be ordained after their own manner in the place of the deceased. Now Episcopacy being thus preserved, their Protestantism could not fayl. For a Bishop makes a minister : a minister he preaches to his flock : and so retaines them in their usual worship. "37. But you'l tell me : all this is owned. Yett notwithstanding it, the King committed two particular faults in his government, which 118 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of provoked his Protestant people very much. One was : he made a Jesuit 1 n ri>^\ BL ° F °^ * lis council. The other was : He appointed another Jesuit Rector 2 — * of one of the colledges in the university of Oxford. I answer first : It P- U4 - is insolence in vassals to question the government of their Lord and master. Which the word of God insinuats, as I pointed above, Pro v. xix., J.O. 1 answer, secondly, by an interrogatory : Did not the King leave to the Protestants their liberty, property, religion, churches, and imployments civil and military ? What then did they want to compleate their happiness ? If this be an unquestionable truth, as we indicated above, that is was, cerlainely the King did not committ such horrible crimes as to deserve a dethronement, by sheweing a favor to those two Catholick men. Lett us bring the matter to a tryal before the grand Signior, or the Sophia of Persia, or the Czar of Russia, or the two mouarchs of the North. The leadeing question shall be : Whether Kings ought in right to be deposed by their people, when they make one of their subjects of their council who professes a different religion from that, which is generally receaved over the kingdom : and when they constitute one subject more of the said different religion, overseer p. 445. of a community of young men, who are taught Lattin, and other branches of litterature, by masters of their own religion or the religion generally professed in the country? We are contented to leave our cause to the determination of those princes ; whom we suppose the Protestants of England will not except against. In the mean tyme we say, that the English subjects are severe masters (if this be sense) to their servant the King : because they do not observe a distinction of punish- ments in proportion to crimes. Was there not a reprimand to be given first to his Majesty by a general address from the people ; which might be more proportionable to that peccadillo ? or, at the most, a snort imprisonment, till he had given them sufficient guarantees of his good government henceforth ? 1 call that errour of the King's a peccadilloe ; because it did not de facto take away the happiness which the Protestants had under his Majesty's regency in the enjoyment of their religion, their estates, and imployments, as I demonstrated before. Neither could those two Jesuits, in the stations they were in, destroy the fine p. 446. establishment, the King allowed the Protestants. For what harm could Father Petre's 3 advice in council do to the Protestants of England ? Were there not others there to ballance him ? Was not the Privy Council made up of allmost all Protestants ? If the King would be lead by the sentiments of Petre, he could have his opinion, whether he were of the council or not, as being his servant : so that it was noe advantage to the King to make him a counsellor ; nor noe prejudice to the people. " 38. For the Rector of the colledge : what did he signify as to the doeing of dammage to the Protestant religion ? Governors of colledges do not usually teach. They ouely have a superintendency over the masters and schollars in their several dutyes, in their behaviour, in their cloatheing, dyett and lodgeing. And if that Rector at Oxford were to be a Reader ; what was the consequence ? He was but one Catholick amongst many Protestant Professors of Divinity, Philosophy 447 and other sciences in that University : so that there could be noe fear of his draweing the whole academy to the Roman church. Neither were the students of his own colledge compelled to remain in the howse, and 1 Edward Petre, sworn of the Privy Council in November, 1G87. 2 Bishop Bonaventure Giffard. See " Church History of England," vol. iii. p. 469. Brussels: 1742. * Petre's"] Peter's, Ms. HISTOKICAL MANUSCRIPTS COMMISSION. 119 to heare his dfoctrin. For they had their liberty to goe home to their ^ M|g. of parents, or to other colledges of Oxford, or to Cambridge, or (o be TH fingall? instructed elswhere by privat tutors. And tho' the collegians should — have heard that Jesuit to teach and preach ; there was noe certainty of their owneing themselves convinced at his arguments. I should rather think, there was more danger in leadeing the great Doctors of contro- versy, as Cardinal Bellarmin and the rest, which those students had at their command in the library of the said University: yett we lind noe such conversion to have been made of the collegians these forty years passt, as to deserve our remarks thereupon. But the truth is : malliee proves childish : and so is apt to make any toyish pretence to be her warrant for evil actions, which she is bent upon. The Protestants of England being unalterably resolved seaven years before James was seated on the throne, not to have him, because a Catholick, to be their p. 448. King, and being often disappointed in their attempts before and after his possession of the throne j they took new measures after rebellious Monmouth's, and Argyle's defeate, and more effectual means (which was the assistance of Holland) to compass their dessign, as I said above. But, because they could find noe solid flaw in the King's government, as a fundation for their general riseing up against his Majesty ; they pitcht upon this toy of Father Petre's being placed in the council, and the other Jesuit's being constituted Rector of a colledge in Oxford, for their grand ground of dethroneing their soveraign Lord and master,, as you may observe in all the libells they afterwards made on that most excellent prince. In the interim wise men did look upon those two imployments given by the King unto two Catholick priests, not to lessen the power of Protestants in England, no more, than a drop taken out of the ocean doth diminish that immense sea : because the Protestants had the great sea of the commonwealth to themselves. They had the p. 449. council : they had the army : they had the fleet : they had the judicature of the nation : they had the prelacy and the clergy : they had all the ecclesiastick revenue : they had the magistracy of cittyes and towns. In short, they had the Tower of London, and the government of all the fortresses of the kingdom. " 39. You may judge by this, whether the Protestants of England had not a solid cause of complaint, as well as the wise men of Utopia, who enrage at the bite of a flea, as if they were pierced to the heart w«th a two-edge sword. These are your brave Protestant Christians, worthy of the primitive ages ; who can suffer allmost as farr as the smart of that little vermin. Impartial reader, 1 must begg your pardon, if I abbreviat my discourse, tho' it has the most copious subject in the world ; because forrain nations, who are here the best judges, are satis- fyed (without my vindication) with that method of governing, which our illustrious monarch used, when he was at the helm of affayrs in England. Onely I will say; that there is noe law in England pro- p. 450. hibittiug the King to make a Catholick of his council : and if any was made by Queen Elizabeth ; the present King can dispence with that law as destructive to his regency. And 'tis positively affirmed, as Doctor Chamberlain 1 has it, that the King of England can create Rectors of colledges of whatsoever religion he pleases. From whence you will uncontestably conclude, that King James the Second made noe step in governing his English subjects, but what was supported by the law of nature, by the law of nations, by the law divine, by the prerogative of Kings, and by the lawes and customs of England : in consequence 1 Edward Chamberiayne, author of "Magna; Britannia? Notitia," of which several additions appeared between 1667 and 1707. 120 HISTORICAL MANUSCRIPTS COMMISSION. THE l Eua F ( r hereof ms dethronement was barbarously injust, and the blackest Futgaxl. rebellion. Which is confirmed by the Court of Rome, sayeing that the King of England was villanously dethroned : and seconded by that of France, of Spain, of Venice : of Vienna, of Portugal, of Denmark, and Swedeland : tho' the said courts (except that of Eome) have acknowledged the succeeding government of England de facto for reasons of state, as they did the soveraignety of Oliver Cromwell, the p. 451. late usurper of England, and the dominions thereunto belonging." IV. " Chapter 4." [Relations between James II. and the Irish.] " 1. Baveing given the world the satisfaction of sheweing the innocency of James the Second in his reigneing, wdiile he was in actual possession of his throne ; we now think it not htt as yett to breake off the thread of oure history, but to continue the relation of his life unto his death. <; 2. The King haveing made his escape into France : and the newes thereof being spread over England ; the gentilmen who had been summoned by the Prince of Orange on the 23 rd of December [1688] to come up to London, made all hast to meet at the place appointed. And so the General Convention of the Lords and of the Commons or repre- sentatives of the people who were named in the aforesaid proclamation, mett for the first tyme at Westminster in January followeing, the p. 452. 22 nd day, 1688, or accoreding to ihe new stile 1689. The first thing, they took in hand, was to know, what appellation they should give to his Majesty's flight out of the kingdom. After a long debate about the terms, they concluded, that his exit was an abdication. " 3. I tould you before, that mall ice is childish : and consequently is apt to speake nonsence. Here is an assembly of the prime men of England ; amongst whom there are many persons learned in the Lattin tongue. Yett, because they are carryed on with malignity towards their King, they are nonsensical in their interpretation of his actions. For abdteatio is a pure Lattin word, signifyeing a voluntary giveing up of a post or station ; as was that fact of Charles the Fifth Emperor at Brussells : whereby he delivered spontaneously his hereditary kingdoms of Spain to bis son Philip the Second ; and his elective empyre of Germany to his brother Ferdinand, who had been chosen King of the Romans, that is, heyr apparent to the imperial crown. Which abdica- p # 453, tion of his was for an end, he more coveted at that juncture, viz., to serve God for the remnant of his dayes with greater attention in a solitary life : haveing first reserved unto himself out of all his immense revenues, a small annuity for his privat sustenance. " 4. But James the Second, King of England, had noe intention of o-iveing up voluntarily his crown, when he fled into France about the end of December 1688. For so he said himself at his departuie from Rochester, in a letter he wrote to the Privy Council, wherein he signifyed, that, tho' he was of considerable years, yett he hoped to live so long as to recover his kingdoms, of which he was despoyled by his subjects. His words were to this purpose. And soon after he returned out of France info Ireland, in order to reinthrone himself by the assistance of his Irish Catholick people. So he continued the same dessigne unto his dyeing day. If he had of himself quitted the sove- raignety, he would nave don it at London with leasure, and without feare: he would have don it before the convocation of states: he would have tould his end therein : he would have appointed his successour : HISTORICAL MANUSCRIPTS COMMISSION. 121 he would have reserved a revenue for his support dureing his life : he mss. of would have left England in the face of the sun, and not in the obscurity TJI YisaS^ of the night ; and all this he would have done in the supposition, that he were a single man. But being marryed, how could he have relin- P- 454. quished the government without the consent of the Queen ? It is a phrenzy to think of any such resolution in his Majesty. " o. On the other hand : the King saw himself persecuted by his Protestant people for the space of eleven years before : he saw himself at that very juncture of his departure abandoned by all his subjects of England : he saw them yealding the kingdom, without a blow, to his enemy the Prince of Orange : he saw himself then the second tyme a prisoner to his own subjects. Now I ask of the world, what should the King do in these circumstances ? The world answers plainly without minceing the matter ; he should endeavour to make his escape out of prison and out of the kingdom, if he were not a fool. Wherefore the King prudently provided for self-preservation : and so gatt away into refuge, where his liberty and life might be ensured. " 6. But here you must know, that this imposition of a false name p. 455. upon the King's escape, was made by the grand assembly of England out of studyed knavery, and not out of any ignorance of the word, as I hinted above. For they are more knaves than fools. Their end therein was to cleare themselves from haveing a hand in forceing his Majesty to fly out of the realm : and to perswade the world, that the King of himself layd down the sceptre : and that thereupon they ten- dered the vacant throne to the next in blood, who was his eldest daughter, the Princess of Orange, and in her right to the Prince her husband ; because they did not owne the Prince of Walles. This was a mighty wise contrivance to justify their rebellion : was it not ? As if the world could not see the Prince of Orange's invasion procured by the people of England in order to dethrone their soveraign Lord : and the kingdom in the invaders's possession, ere his Majesty attempted to fly ; and his sacred person under imprisonment the moment before he actually made thence his escape. It would be, methinks, a better fault in them p. 456. to acknowledge plainely ; that they have deposed their King for being of the Catholick religion (since the world knowes it) than first to depose him by a long-studyed conspiracy ; and then foolishly to j?oe about the bush to gain belief, that the King had voluntarily quitted the throne : and that they oneiy filled the vacancy with the next rif lit heyr : because by this action of theirs they eommitt hypocrisy zi* an addition to the dethronement. So it would be a more pardonable crime to declare, that they barr the Prince of Walles from succession to the crown, because they certain ely were perswaded, that he would be educated in the Roman Church; than to take away the honour of his royal birth. For, by this last act, they do him a double injury : one, in rendering him ultimately despicable in the world, as farre as in them it lyes : the other, in depriveing him of his kingly inheritance. "7. The convocation of states, or the general convention havein°- setled this point, that the King's flight out of the prison of Rochester P* 457. and out of England to the sanctuary of France, must be called abdication the throne is declared vacant, first by the Convention of the Commons on the 28 of January [1688-9]. The same thing is don by the Conven- tion of the Lords on the 7 of February. How ridiculous to reason this declaration is, and how detestable to justice, I leave it to the judgement of the world. Then the Princess of Orange was sent for from Holland at the Commons's voteing of the throne of England vacant, and arrived at 122 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of London on the 12 of February. The next day the crowns of England T ^ing^l.° F an d Ireland were presented by the general convention to the Prince and — Princess of Orange : which they (to their eternal shame) accepted of : and were the same day proclaimed King and Queen : and in April followeing both were crowned on the ] 1 th 1689, by name William the Third, and Mary the Second. p. 458. " & Lord ! what an example is this of a daughter usurping the station of her father ! We are noe Mahomet fans in this tract of Europe : but professed Christians. Yett our actions, and particularly these of Eng- land, and this of the Princess of Orange are able to give the blush to Ottomans. If this royal daughter had bona fide believed the King her father to have deserved his dethronement: in this case itself she should have proceeded most timorously, least to give offence to nature. So in the first place she should have published a manifesto in her justification : alleadgein^, that her opinion was, that the King incurred his deposal by the lawes of the land : that thereupon there was a natural right in the people to give the crown to the next in blood : that the infant called the Prince of Walles, was not the son of her father : and consequently she was the next heyr to the crown, as being the eldest daughter : that therefore she could not refuse her own right tendered to her by the p. 459. people, who had the presentation of it : that by her refusal thereof she could do noe good to her royal father : that in this station she was prepared to afford him all the comforts, that a princely maintenance can 'give : that, in fine, she declared to the world, that she took not the crown of England out of any ambition, or neglect of duty towards her parent : but onely to prevent her natural right to be given to another. " 9 On the other side, if the Princess believed, that the King her father did not so misgovern, as to deserve dethroneing, as she must needs be convinced thereof : that the people have noe lawful power of deposeing their King, as she knew for certain out of the transactions of King Charles the First, her grandfather, and of Charles the Second, p. 460. her unckle ; and out of the lawes of England, which admit noe such thing : if, in fine, she was perswaded, that her father was noe knave in imposeing a strange heyr on the nation, while she and her sister were alive, as she was sure thereof, and all the world besides: then in such case it was her indispensable duty to refuse the crown : to detest the guift of robbers : to disowne such a right in the people : to declare them rebells : to stay at home in Holland : and to remain thus constant, tho' the people of England should impart the diadem to another. Which if she had don : and her sister had followed the example, the people would soon be weary of their distractions, as they were in the usurpations of the ould liump Parliament, and of Oliver Cromwell : and so they would be glad to recall their King ; as General Monck and his faction did King Charles the Second. But alass ! the famous daughter troubled not herself with the performance of any such devoirs, as are above commemorated. She sate quiet in Holland : she heard her father was deposed upon the account of his religion: she saw presently the crown offered unto her: she accepted of it without more ado : leaveing the father to shift for his bread ; while she fattened with his spoyls. " 10. But to return from our digression: the coronation being over; the people of England now certainely think, that they have no more to do, than to sitt down, and enjoy quietely the present happiness, which they have procured to themselves at great danger seemingly, but small cost, as meeting noe opposition in this their last enterprize. The epis- copal Protestants in specialty triumph the most : because they have a HISTORICAL MANUSCRIPTS COMMISSION. 123 Protestant King and a Protestant Queen : because they can repayr those MSS. op great breaches of their Church, which the King had caused in placeing Tn Fix&ALL.° P a Jesuit Rector in one of the colledges of Oxford; and in makeing — Father Petre of the council : because in fine they expect hence- forward noe possible diminution of the Episcopal branch of Reformation throughout the Brittish empyre. "11. Yett give me leave to say, that the all-seeing God seldom or p. 462. neaver suffers publick wickedness to escape scott-free even in this world, besides the reserved vengeance in long eternity. His omnipotency rayses the weak to give confusion unto the mighty. He strikes often the sinner there, where the sinner least dreames to be strucken. And so it is : the rebells of England must not goe unchastized for the barbarous injustice they have don unto the Lord's anointed. They shall pay dearely for their villanous phancy in their treasure, in their honour, and in their very religion, for the sake of which they had don that, which pagan nations would blush at. " 12. In the first place then, as soon as the King came up to London on the 26 th of November 1G88 from Salisbury he wrote a letter to the Earl of Tyrconnel, Lord Deputy, alias Vice Roy 1 of Ireland, then at Dublin, letting him know, how he was betrayed by his army; how he was p. 463. abandoned by his people of England ; and also giveing the said Lord Deputy his orders and instructions, what to do for his interest in this juncture. Immediately the Earl of Tyrconnel called a council, to which he made a proposal for rayseing an army to maintain the King's rights. Upon this proposal several arguments passed pro and con. But his Excellency was altogether for warr ; and shewed plausible reasons for success. Which opinion had the ascendant: and so 'twas decreed to levy forces out of hand. Which was soon made known to the Catholick people throughout the kingdom. " 13. Here lett us pawse awhile, and examin the nature of this enterprize. The Catholicks of Ireland do undertake a warr for the rein- throning their banished King. Why should they do this, since they had been oppressed by the precedent monarch, as we remonstrated above ; p. 464. for whom they did that, which noe subjects had ever don, viz. they maintained warr on their own cost for several years against their common enemy, Oliver Cromwell, and other regicides and usurpers : till at last they were totally subdued aod deprived of all they had in the world. The sad remembrance of the aforesaid oppression (neaver was the like since the Creation) should make the Irish Catholick nobility to rejoyce rather (according to the dictats of flesh and biood) at the misfortune of an eusueing King of England, especially of the immediat successor and brother of their oppressor : which brother at the tyme of their oppression behaved himself not much better, as farr as went his power : at the best he stood newter : and moreover he receaved into his possession the estates 2 of several Irish Catholicks delivered most unjustly unto him by the King his brother, and by the barbarous Parliament of Ireland, as we mentioned above. But Catholick religion is one thing : and heresy is another. Catholic religion obliges us to duty towards our lawful P« 465. soveraign, tho' he had often injured us, and tho' he were of a contrary belief. Whereupon Catholicks will still be Catholicks ; and So the Irish 1 A reproduction of a letter written from Dublin Castle by T} r rconnell, in 1686-7, is given in " Facsimiles of National MSS. of Ireland,'' Part IV.-2., Plate lxxxii. London: 1S84. 2 For accouDt of the estates of James II. in Ireland, see Eighth Report of this Commission, 1881, Part I., p. 497. 124 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of must lay aside all resentments that thwart their allegiance ; and take "?iyft5i 0F * U P arms > f° r to discharge their devoirs, although they were to loose — their fortunes, and destroy their familyes again, as their fathers had don for King Charles the Second. " 14. Yett how are they able to assume this province ? Money they have not." and theire estates in land have been for thirty years before in possession of Protestants; except som few inheritances, which had been rendered in each province of the kingdom to the right owners in the reign of the said Charles the Second. They also want arms : they want horses; they want other utensils of warr. They are ignorant in the military art, as being debarred upon the account of their religion, I>- *66. from posts of that mistery of a long tyme by the government. They are in fine destitute of warlick ships and other veSsells : which is the most important advantage to an island, either to guard the coasts, or to br»ng home all necessary es of warr, or to transport men for annoyeing your enemy either by yourself, or in conjunction with a friend and ally. " 15. And what is worse than this : they have a most potent enemy to deale with. For they are to stand against opulent England, hardy Scotland, and the violent Protestants of Ireland. They are to fight veteran forces of divers nations, which the Prince of Orange will send, or bring himself. But the greatest terrour of all to the Irish Catholicks, is, that, if England should loose an army in the fields of Ireland, she can send another and another, and tuns of gould to maintain them : so that Ireland in her present circumstances is in noe way a match to the power of England. "16. These are all solid disswasoryes to the enterprize of the Irish Catholicks. But what will you have of it ? Altho' conscience should be p. 467. free from obligation of riseing for their King, because of their inability : yett an exorbitant zeal, and natural courage will attempt matters (as often it happens) which reason deemes not fezable. To make these noble flames of the Catholicks take a higher pitch, they are tould that the King will come amongst them in person : that France will send arms, will send money, will send experienced officers, and trained souldiers to their assistance. Whereupon the nobility and gentry from all parts of the realm do fly up to Dublin, for to attend the pleasure of the government in this affayr. " 17. The Lord Deputy observeing so gallant an ardoure in his Majesty's good subjects, gives his commands to the secretaryes to draw commissions speedily for the levyeing of regiments, horse, foot and p. 468. dragoons. The orders were obeyd : and his Excellency 1 began to deliver out his commissions in the mouth of December 1688, about a fortnight before the King made his escape out of England. The levyes goe on amain in cittyes, towns, and in the country. Here you may judge of the greateness of affection, \shich the poore people shewed to the royal cause by this, that iu the space of two months, above fifty thousand en'isted themselves for the warr : and each company and troop of the whole number was subsisted upon the cost of every captain for three months, to the undoeing of several officers who were not lords of land, nor possessed of any great treasure. " 18. Ah ! would to God, I were master of a meet talent in setting forth the commendation of this loyalty, of this zeal, of this love, of this 1 The Earl of Tyrconnell. HISTORICAL MANUSCRIPTS COMMISSION. 125 compassion to their suffering prince ! A mighty monarch the other day, th^Rarl o (for he was Lord of kingdoms) now is expelled his throne most Fittgall. nefariously by his own vassalls, by his menial servants, by his favorits, by his confidents, by his own bowe'lls, for noe fault, but what he thought was a blessing, and a blessing above that of the crown: that is, the Catholick religion : and being thus abandoned by his innumerous people, p. 469. he can find not any of his to take pitty of him, nor take up his quarrel, but those of his subjects who are least able to vindicat his wrongs; and who had been most unrighteously dealt with by the immediat predecessor of the present King, tho' the}' demonstrated the like fidelity towards the said predecessor in his forlorn case. All we can say in the matter, is, that this example of loyalty in Irish Catholicks is right admirable ; and may do good to other princes, tho' it should not profit their own. Yett their own King in after tymes, when by Providence a restoration is made, may, if he pleases, reape a substantial benefit, out of the remem- brance of this behaviour of his Irish subjects, and of their Catholick fathers in the reigns of Charles the First, and Charles the Second. Which benefit consists in this. It is an experience above controu le- nient, that the pretended reformed people of England are prone to rebel- lion : that de facto they have dethroned three Kings one after another p. 470. of late years : that of the three nations, the Catholick people of Ireland have shewed themselves most loyal; nay constantly loyal in the three last revolutions happening under the aforesaid princes. That in this universal rebellion against James the Second, they alone stood faithful, except the Catholicks and som few Protestants in England and Scot- land : that in fine this loyalty is in them fixed by the principles of their religion. Wherefore, these being all truths, the King of England, for his own security, will make hereafter his Ireland a powerful nation, in order to be a check upon the people of England : and by that terrour to prevent their rebellion : or, if it happens, to extinguish it soon. And to render the Irish Catholicks effectually potent for this end ; it will be requisite in the King to restore unto them their antient estates, which the Protestant usurpers have retained in possession these forty years passt : to make the Parliament of Ireland absolut in enacting p. 471. lawes, without being obliged to send beforehand the prepared bills, which are destined to pass into acts by the consent of both howses of Parliament, for the King's precedent approbation of them ; it being sufficient to have the King's assent given unto them by the voyce of his Deputy, alter the said bills have passed both the howses : to make the judicature of the nation determin causes without an appeal to the tribunals of England : to give full liberty to merchants to export the product and manufacture of the kingdom ; and to import forraign goods without an obligation of touching at any harbour of England : to erect studyes of law at Dublin : to putt allwayes the Viceroydom into the hands of an Trish Catholick : to sett up a silver and gould mint in the capital citty : to conferr the principal posts of state and warr on the Catholick natives : to keep standing an army of eight thousand Catholicks : to train p. 472. a Catholick militia : to maintain a fleet of 24 warlick ships of the fourth rate : to give the moyety of ecclesiastical liveings to the Catholick Bishops and parish priests dureing the life of the present Protestant Bishops and ministers : and after the death of these, to confer all the said liveings on the Roman clergy : to make the great rivers o\" the kingdom navigable, as farr as 'tis possible : to render the chief ports more deep, and thorough tenable against any attacks from sea : in fine, to drain the multiplicity of boggs : which being effected will support a vast addition of familyes. 126 HISTORICAL MANUSCRIPTS COMMISSION. " 19. While the Catholieks of Ireland were buisy in rayseing an army for the King in the months of December, January and February ; the Protestants of Ireland were hatching oppositions. For they had resolved before to side with England, and acknowledge the Prince of Orange for their King. Of all Protestants within the bounds of the English monarchy, those of Ireland (except a few) had the greatest reason to rise against King James the Second (if you will lay aside con- science), because they have been in feare, of a long tyme, that his Majesty would upon the first opportunity, compell them by new and just lawes 1 to restore unto the Catholick owners those estates, which the said Protestants possessed by the grant of Cromwell, and by the confirma- tion of that unrighteous Parliament, which sate at Dublin a little after King Charles the Second had been restored. Some of the Protestants by this tyme actually broake out into rebellion. Others remained in their habitations, till a fayr occasion was offered, to shew themselves bare-faced : which was, when Mareshal Schomberg, 2 the Prince of Orange his general, landed in the North of Ireland with an army in the month of August 1089 : and when the next year the Prince of Orange himself arrived in the same province [Ulster], with a numerous host. V. "Chapter [6]. 3 "—[Campaign of 1689-1690 in Ireland]. p. 575, " 1. The King being come to Dublin, sent a request to the most Chris- 5 ^ 6> tian monarch 4 for five or six regiments of ould foot : and in exchange of which he would send him as many regiments of his late raysed army. For this end, his Majesty ordered to make ready for spring to goe into France the regiments of the Lord Viscount Mountcashel; 5 of Collonell Daniel O'Bryen of Clare ; of Collonell Richard Butler of Galmoy : of Col- lonel Robert Fielding ; and of Collonell Arthur Dillon of Costola. Over which body the said Mountcashel was appointed General. " 2. Dureing this winter 1689, the King and his Catholick people of Ireland were cheareful enough, as haveing not receaved so great a loss from the army of Marshal de Schomberg, as they at first apprehended. But with all this ; his Majesty had litle or noe intelligence of what pre- parations were a makeing in England against Ireland for the next cam- pagne. And therefore he and his loyalists improved not their condition. There was noe augmentation of troops made, as there should be, nnd that considerably : noe care taken in exerciseing the army in their p 5 y 7 respective quarters : in provideing arms and apparell : in fortifyeing towns, and filling them with ammunition and victualls. This was not the way to secure Ireland, and conquer England. Great undertakings require great wisedom, great care, great diligence. Alass ! It is noe childrens's play. The council must be stanch in knowledge and loyalty : the civil officers honest in their management : the military commanders must keep themselves from the fooleryes of gameing, drinking and 1 Eepeal of " Acts of Settlement and Explanation." 2 A reproduction of a holograph letter from Schonberg to William III., written at Lisburn, Antrim, in November, 1689, appears in "Facsimiles of National MSS. of Ireland," Part IV.-2, Plate lxxxvii. London : 18S4. 3 Erroneously numbered 13 in the MS. 4 Louis XIV. 5 Justin MacCarthy. 6 Barony of Costello, county of Mayo. 3I.SS. OF the Earl of FlXGALL. p. 473. HISTORICAL MANUSCRIPTS COMMISSION. 127 whooreing : they must see that their souldiers be expert in the use of arms ; be fedd ; be apparrelled ; be provided for in their sickness. These are the waves of bringing such high enterprises to a happy end. These gentilmen are eager for ihe obtaineing of higher posts ; but they will not take pains to deserve them. " 3. The Confederat Princes abroade, as the Cathoiick King, 1 the States General, and the rest, haveing receaved an account of Schomberg's ill success in Ireland, wrote to the Prince of Orange, putting him in mind, that, if he did not goe himself in person into Ireland, and brins the strength and flower of England with him, the warr therein would last long ; and consequently his allyance would signify nothing unto them : and thereupon they must be forced to make a disadvantagious peace p. 578. with the common enemy. This suggestion raysed the Prince on a resolution to undertake the Irish expedition : and so accordingly he did prepare for the next season. He had allready of forraigners in England about 8000 Danes under the Duke of Wirtemberg, who landed at Hull on the 13th of November 1689. These veterans and other forraign troops with some English, the Prince dessigned to bring along with him into Ireland at the ensueing spring. "4. In the mean tyme there happened noe winter-action of any note between the Cathoiick and Protestant troops on the frontiers of Ulster, except two or three. On the 24th of November Captain Christopher Plunk ett of Lagore 2 in the Lord of Louth's regiment, was sent with his company °f grenadiers by Major-General Boisselau 3 from Dundalk to take the above-mentioned Newry, an open town then garrisoned by a fVw of Srhom berg's army. He marched in the night tyme, and by the dawn of the day he made himself master thereof by the slaughter of a few of the enrmyes. And as he was goeing to plunder the place, which was p. 579 ; furnished with good store of money; and had horses and black cattle, the Captain receaved an order from the Major-General to retire imme- diately to his quarters. What reason there was for this order, we have r.ot been informed otherwise than that the first dessigne was onely but to show to the rebells, that the King's frontiere garrison was watchful and bould. If this was the true reason, it was foolish, for exposeing men's lives to noe purpose. And at the end, the Major- General was in danger to be treated as an enemy by som of the sturdy grenadiers, who hardly could bear such commands. He should have used those fooleryes with his beasts: and not with men, whose lives are pretious to the country. This is a frequent fault in commanding officers, who value the lives of their souldiers not so much as some men do their doggs. And this is a reason, why it is a pitty, that men should be under fellow-men ; but that necessity requires it. Hence I iuferr that great commanders should have as much of conscience as of skill. By this they would be barred from flinging away the estimable breath of men upon every whymsey. And here it is, that I offer my sentiment, p. 580. that the sending abroade of partyes at much danger for some small prey, or for cutting off a few of the enemyes, or for any such insigni- ficant end, is seldom, or neaver rational. Lett the men be preserved, either f or a grand battle, or for a grand siege, or for to fight a considerable body, or for an important n ooty, or to gain or defend a necessary pass, or to cutt off the enemy's provision, or in short for some other enterprise that is of importance to the whole army. 1 Charles II. of Spain. 2 In county of Meath. 3 Major General Boisselau, who accompanied James II. from France to Ireland. MSS. of the Earl of 128 HISTORICAL MANUSCRIPTS COMMISSION. tii? Ear? " ^ ter tD * s Dusmess °f tne Newry, and in Janury immediately J "/ingall° F followeing, Brigadier Nugent of Weslmeath, went -with a party to besiege the castle of Kennaught 1 in the county of Longford belonging to Sir Thomas Newcomen. The castle was defended by the Lady Newcomen, and some Protestant rebells that took refuge therein. The Brigadier expunged it, on conditions advantagious to the besieged, the 13th day of the-above-said month 1689, ould stile, but 1690 stilo novo. p. 581. "6. In the followeing March, and on the 14th day of the month, a French Meet of fourty-one men of warr, four fireships and five flutes 2 arrived at Kinsale from Brest, carryeing for the service of the King of England six regiments of foot, viz. of Fimmarcon, of Zurlauben, of Merode, of Lamarche, of Courtasier, and of Forest ; niakeing fully six thousand men. Besides this: there was three or four hundred Irish: som English : and some French voluntiers : with 22 pieces of canon for the field: three hundred bombs of different sizes: six thousand grenades : a great quantity of ball of all sorts; and oi arms and of other necessary es for the King, and for that particular brigade : the General of which was Count de Lauzun : the Lieutenant-General, Marquis de Lery. This body was ordered by the King to come to Dublin; where they were quartered, till they took the field in May. p, 582. " 7. In exchange of these forces, the above-named Irish regiments under the conduct of the Lord of Mountcashel, were embarked on the same fleet at Cork in the month of April for France, where they snfe arrived. This opportunity for returning was taken by Count d'Avaux, the French Ambassador, and by General de Rosen, 3 they not approveing of the King's method for the preservation of Ireland. " 8 But in a month before this there happened a small fight at Cavan on the frontiers of Ulster between the loyalists and the rebells, Mareschal Schomberg, dessigning to streighten the Irish quarters on the borders of the North, ordered Brigadier Wolsely to take a party of Enniskilleners and of English souldiers and marche to Cavan, the head of that county, and fix there. The King being informed thereof, sent from Dublin his commands to Brigadier Nugent to marche to the said Cavan with 800 men from the countyes of Westmeath and Longford : and at the same tyme his Majesty enjoyned the Duke of Berwick to marche from the county of Dublin with the like quota to the same place, in order to hender the enemy from gaineing ground. Both the royal p. 583. cores for the most part arrived at the open town of Cavan on the 10th of February. They were all f.;ot, except a troop or two of horse, Brigadier Wolsely came to the place on the 11th in the morning with 700 foot and 300 horse and dragoons. The Duke of Berwick, com- mander in chief, being alarmed, and not well prepared, drew however his men out of the town to an open ground : by which he gave an advantage to the enemye, who was come to attack him. For the enemy seeing that posture, he placed his foot within the hedges and ditches of the avenues of the town ; and so took the defensive. The King's forces being divided into two wings, assaulted the rebells within their fences. The charge being given and maintained smartly, a party of Irish hors broake another of the enemyes. But the left wing of the royalists was so overpowered by fighting at such an inequality, that they were 1 Kenagh, Kinengh, barony of Moydow, co. Longford. 2 " Fluit," " flute," — ship mainly for conveyance of goods. 3 See " Memoires du Marechal de Berwick ecrits par lui-meme/' vol. i., p. 64. Paris: 1778. HISTORICAL MANUSCRIPTS COMMISSION. 129 forced to retire into a fort, that was near them. The right fighting at TI J I |^ K OF oy the like disadvantage, retreated also thither. By which the rebells gained the field. Of the royal party there was about 200 killed: — amongst whom was Brigadier Nugent, much regretted for his bravery, p. 584. So was Adjutant Geoghegan ; and Captain Stritch ; and a few other officers. There was ten officers made prisoners : of which were Captain William Nettervil, Captain Daniel O'Neil ; Captain O'Bryen ; and Captain George Macgee. Of the enemyes there was slain Major Trahern, Captain Armstrong, Captain Maio, and near 50 privat men : and about 60 wounded. Brigadier Wolsely returned to his own quarters, haveing first burnt the town of Cavan, not being able to keep it, because the castle was in the possession of the Irish. *' 9. The month of April being com in the year 1690 : Mareshal Schom- berg, like a vigilant general, drawes out of winter-quarters his army into the field, in order to take the King's fortress, called Charlemont, 1 in the county of Ardmagh, before the landing of the Prince of Orange and his forces; to the end his Highness might find the whole province of Ulster entirely under his obedience at his arrival. The Mareshal then sate down before Charlemont about the 22nd of April, which held out three weeks, untill the garrison had nothing to eate. Upon which the p. 585. governor, Sir Thadey O'Regan delivered it upon honourable terms the 14 of May, that the garrison, being 8C0 men, should marche away with their arms and baggage. You see, reader, that it was ill management which hath lost all along, whatever part of the country the enemy hath gained. It was easy in the winter to send provisions into that town for a much longer siege : yett it was not don. You shall meet with more of those faylures, before the warr endes. In the meane while I must say, that a King is not able alone to inspect into every buisiness, that comes under his government. 'Tis therefore assistants he must have : and these ought to be men of skill and conscience, as we have often said : otherwise the nation is destroyed. Whosoever those healpers were either in advise, or in execution, whom his Majesty made use of in the management of the military affayres, proved either ignorant or dishonest. The common report blamed (amongst others) the Earl of Melfort, 2 who was Secretary, as above said, and had the disposal of the warlick stores. p, 586. 10. By this tyme his Majesty commanded, that his troops should draw out of their quarters, and rendevouze at Dundalke, in order to wayte there for the Prince of Orange (who was to land in Ulster where Schomberg lay) and to give him battle. These troops convened there : but not so many as should have mett for the dessigne. For too many regiments of foot were left in garrisons, and that to noe purpose, as it happened afterwards : whereby the King's army, which took the field, proved much inferior in numbers to the host of the rebells : tho' I owne, excellent art might have supplyed that defect. This was a strange oversight in the King and his generals, not to have brought the strength of the kingdom to the field, since the resolution had been taken of putting all upon a battle. By this management the King was neither strong in the field, nor strong in towns. For not one garrison was of any notable strength in the beginning of the warr : nor any care hath been taken since then to the day of the Boyn (that is a year and a half) to fortify the places. p. 587. 1 For an account and drawing of Charlemont Fort, see " Facsimiles of National MSS. of Ireland," Part IV.-L, Plate xl. London : 1882. 2 For Letters written at Dublin by John Drummond, Lord Melfort, in 1689-90, see Eighth Report of this Commission, Part i., 1881, p. 492. / 84068. I 130 HISTORICAL MANUSCRIPTS COMMISSION. th? Eai?Z or " ^ wou ^ uavc Doen better, it* the King had taken the field sooner) Finoall. and entered into Ulster : by which attempt he might have cntt off the army of Schomberg, before the Prince of Orange could land with the rest of his forces. However, his Majesty being come to Dundalk on the 16 of June, fixed there his camp with a resolution to expect the arrival of his enemy, and fight him. The ground was naturally fortifyd : to which some works were added. But if the King had proceeded 4 miles farther to the nigher end of the long cawseway, that runs thro' the middle of a great bog at a place called Four-mile-house, as being within four miles to Newry, and as many to Dundalk ; the moyety of his army with good management could have stopt the enemy : whereby he would have been forced to take a fatigueing marche to either of the two passes in the county of Ardmagh. In the interim the King might be reinforced with ten thousand men of militia from the adjacent county es, and be P* ,r>8S ' also before the enemy at those passes as haveing the lighter army where his Majesty could with more ease defend those streights. By which the Prince of Orange would have been detained a month in the desolated country to the hazard of famishing his troops. Nor was there any other way to pass directly into Leinster from the North. His remedy was either to reimbark his army, and land on the coastes of Leinster : or to marche thro' the province of Connaught. By that tyme the campagne would be at an end, which would crowne the King's affayrs. For by the next spring his Majesty might have double his forces on foot." VI. [William III. in Ireland.] " 12. But to return : we are to tell you, that the Prince of Orange with fayr troops embarked at High Lake in Lancashire on the 11th of June [1690] ; and on the 14th he landed at Carigfergus. He joyned imme- diately Mareshal Schomberg, by which conjunction there was an army p. 589. made up of thirty-six thousand chosen men of which 14000 were hors, most veterans, Danes, Germans, French, Dutch, English, Scotts, and Irish Protestants, well payd, well cloathed, well armed, with a numerous artillery. With the Prince of Orange, and in some tyme before, came Prince George of Denmark, the Duke of Wirtemberg, General of the Danes, the Prince of Hesse-Darmstadt, the Lord Dowglass, Count de Nassau, the Duke of Ormond, Baron de Ginckle, Count de Solmes, Lieutenant-Greneral Macay, Major-General Scravenmore, Major-General Talmash, Monsieur d'Overkirk, the Earl of Oxford, the Earl of Portland, the Earl of Scarborough, the Earl of Manchester, the Lord Sidney, and others of quality out of Englaud, all zealots for the cause. Which kingdom was left feeble in strength of trained souldiers ; for the remainder of the English forces was, for the most part, sent aboard the fleet, in order, with the assistance of the Dutch navy, to secure the coastes in the Prince his absence. With this fine army the Prince of Orange marched to Lough Brittland 1 on the 22 June, and encamped there, where he had his forces mustered. " 13. On the other side, the King haveing receaved an account that p. 590. the Prince of Orange was landed, and resolved to marche up to Dublin, he sent out of his camp on the 22d of June a party towards Newry, for to tak som prisoners, that he might learn the strength of the enemy. The 1 Loughbrickland, co. Down. HISTORICAL MANUSCRIPTS COMMISSION. 131 party consisted of four companyes of grenadiers under Collonell FitzGrerald TH ^| S ^ ( at that tyme Lieutenant Collonell to the Lord Bellew : and of 60 horse fing^ll. under Collonell Lawrence Dempsy, then Lieutenant-Collonell to the Lord ■ — of Galmoy. They had orders to remain at the nigher end of the four mile pass above mentioned. They were not here long, when they discovered between 2 and 300 English foot and dragoons at the' other end of the pass : who, it seems, were coming from the Newry towards Dundalk for to know the King's strength, and how his army lay. The Irish suffered them to pass the cawseway : and then they poured their shott in amongst them. There was a return made. But the English dragoons being more numerous charged the Irish horse with such fierceness, that they disordered the troop. Collonell Dempsy suddainly again brought them into order ; and returned the charge with that violence, that they broake their enemyes : and in that confusion a party of the Irish p. 591. grenadiers fired in among them, which caused a general flight in the English, of whom there was nigh 30 killed ; and Captain Farlow and another officer were made prisoners. There was about ten of the Irish slain, and Collonell Dempsy receaved a mortal wound, of which he dyed within three dayes after at Ould Bridge, a village on the Boyn. He was regretted, because he had been a good horse officer, who had been a Collonell in the King of Portugal's warrs. " 14. The Irish party being returned to Dundalk ; the King was ton Id by Captain Farlow, the prisoner, that the army of the Prince of Orange was 50000 strong. This, I am sure was an exaggeration, for to oblige the King to fly before his enemy, and leave him the country of plenty, of which Orange stood in need, not haveing any sustenance but what he brought with him out of England : which could not by that tyme be much. The true list of his army was, as I sayd above, 36000 effective men : or otherwise, two troops of guards : 23 regiments of horse : five of dragoons : and 46 of foot : of which a few the Prince left as garrisons in the North. 'Tis true he had near thrice as many p. 592. horse as the King. For his Majesty had but eight regiments and two troops of guards, tho' a most excellent core : three regiments of which, viz. of Tyrcounell, Galmoy, and Sarcefield, could hardly be matcht. The King had also seven of dragoons ; and 50 of foot, besides the five regiments, he had sent to France : in whose place he receaved six French. Yett of these bodyes of men, the King had not in the field against the Prince, the day of the Boyn, but 26000, French and all ; the rest being in garrisons ; and his train of artillery was not above 18 1 small pieces of which 12 belonged to the French brigade. However, this information of Farlow, tho' in itself not credible ; (considering, that both England and Holland (Holland being then in warr against Fiance) were not then in a condition to spare so great a body : nor was England able in so short a tyme to transport and feed such numbers) yett it had this effect, as to make the King believe that the Prince was much superior in his troops. Whereupon his Majesty commanded the p. 593. camp to rise and return towards Dublin. He repassed the Boyn with his army on Sunday the 29th of June, the foot thro' Drogheda, and 1 MS. indistinct. The Duke of Berwick, who was present on the occasion, wrote : " Les ennemis avoient quarante-cinq, mille hommes, et nous n'etions que " vingt-trois mille." — " Memoires," 1778. The Jesuit, Pere d'Orleans mentioned that " l'armee du Roy [Jacques] de la Grand Bretagne ne put gueres passer vingt " mille hommes, une grande partie a demi armez, et n'ayant d'artillerie que douze '* piece de campagne, qu'on avoit amenees de France." — " Histoire des Revolutions " d'Angleterre," 1714. I 2 132 .HISTORICAL MANUSCRIPTS COMMISSION. MSS. op the horse thro' a forde of that river at Ould Bridge : before which ford TT 'i 1 ,xaf L L L or lie encamped that night, with his left towards the Bridge of Slane, and his right to Ramullin, 1 where the King's paviilion was. In which camp he remained all the next day, and till Tuesday morning the first of July. In the interim the Prince of Orange marched close after the King from Newry : and came to Dundalk on the 27th of June. On the 29 he marched a litle beyond Ardee, and there encamped that night. On the last of June, a Munday morning, he arrived on the other banck of the Boyn opposit to the King's army, and there fixt his camp. That same day in the afternoon the Prince of Orange being 594 accompanyed by the Prince of Denmark, and other great officers, went p " ' to view the King's camp from the contrary side of Ouldbridge. One of the royal canoniers perceaveing a troop of hors to observe the Irish camp, fired that way a small piece : the ball of which slanted upon the right shoulder of the Prince of Orange, and took away a piece of his coate, and struck off the skin. This was a thunderbolt to the saints of rebellion : and it was like to putt an end to their holy warr. "15. Here we will consider thus: either the King resolved at his encamping on the banck s of the Boyn to fight the Prince of Orange, in order to keep him beyond the river, the ould Rubicon 2 of the Pale, and the frontiere of the corn country ; or he resolved not. If he resolved not: why did he not decamp earely a Munday morning, before the Prince of Orange appeared on the other side of the river : or a Munday night : because it is not safe to rise in the face of a more potent enemy ? If the King resolved to stand his ground, why did he not use the p. 595. common rules of art military for the strengthening of an inferior army against a superior ? By which means the inferior doth gain often the point, as we see in the experience of warrs. There was at that tyme but a few narrow passes to be fortifyed on the Boyn which might have been don in the space of three bowers by three hundred pioneers. " 16. But you will say : if the King's army had layn entrenched : the Prince of Orange would have decamped, and marched up by the river to Navan, or higher ; and there have trajected. We answer first : the King might take the same course on his side, and be there sooner ; as haveing the more expeditious army : and might have entrenched there in like manner. We answer secondly : that the King by these obstructions given to the enemy's passage could have called to his succour 15000 resolute men of the Catholick militia and voluntiers out of the adjacent countyes of Meath, Dublin, and Kildare ; some armed with swords : p. 596. some with half-pikes : some with fire-arms ; and some with sithes, which with skilful management would likely turn the ballance to the King's side, considering how propense the people were at that tyme to fight against a most odious enemy, who came to devour their all. " 17. But unfortunately none of these courses was taken. Which makes me fear, that some one or more of the King's counsellors, were underhand intent upon the destruction of the nation. Otherwise, how is it possible, that such gross errours should be committed in the government of the army, and in useing right ways and means against thxi attempts of the enemy ? The King, 'tis true, resolved in the evening a Munday, to decamp that night : but unhappily again that resolution was not executed till a Tuesday morning the first of July about 8 of the 1 Rathmullan, co. Meath. 2 This term was also applied to the Boyne by Richard Bellings. See " History of the Irish Confederation and War in Ireland, 1641-43." Dublin : 1882, vol. i. p. 42. HISTORICAL MANUSCRIPTS COMMISSION. 133 clock : at which tyme the army was commanded to marche upwards by mss. of the river, giveing their right flanck to the front of the enemy ; in order, TH Angall.° as 'twas believed, to goe to Dublin, for to gett a better opportunity of w — - defence, or of giveing battle. p " 59 '' "18. Before the army began to move, you must know, that there was two regiments of foot, the Earl of Antrim's 1 and the Earl of Clanrickard's, left at the ford of Ould Bridge within some gardins of the poor inhabitants, without intrenchment or canon, for to stop the enemy a while from coming over, till the infantry gott clear of the river. At the same tyme Sir Neil Oneil was placed with his regiment of dragoons at the ford of Bossnaree a litle beneath the bridge of Slane (the bridge being broake before) for to guarde that pass. This being so : the army began their marche. The Prince of Orange seeing them in their motion of goeing off, ordered his army (and not before) to pass the river in 2 places, principally at the ford of Ouldbridge, and at the ford of Bossnaree. He sent Lieutenant-General Dowglass, the Earl of Portland, 2 Monsieur Overkirk, and Count Schomberg, the Marshal's P- 5y 8. son, with above ten thousand horse and foot to pass at Bossnaree on his right. He sent a greater body under Mareshal Schomberg, the general, to traverse the forde of Ould Bridge: he himself followeing with the rest. " 19. The King observeing the Prince to attempt a trajection, commanded his army to halt and face to the enemy, which they did ; and prepared themselves to fight upon the passage of the river. But alass ! they were deceaved in their expectation, for there was noe battle ; because they were not brought to combat. There was onely a skirmish in passing the waters between a party of theirs and the whole army of Orange. And because this party did not keep all the hostil troops beyond the flood, the King's host must marche away, and leave the pass to the foe. If there was a settled resolution to fight, why was not the army lead down in two wings to the river with their field pieces, as they saw the enemy's forces divided : and there to stand it out for two p. 5y». or three howers ? The hostil canon could not much annoy the Irish, as being mounted upon an overlookeing ground; while the Irish artillery might play without obstruction in the faces and flancks of the enemyes, as they were descending to the river, and crossing it. I am confident by the knowledge I have of the loyal troops, and of their eagreness for fighting that day, if they had been managed, as aforesaid, the Prince of Orange would not have persisted in traversing the water at such disadvantage, as violent as he was for approacheing to Dublin. Mareshal Schomberg better understood the point, when he made difficulty at that juncture to attempt the trajection, as he saw the Irish drawn up for combat. But he was overruled by the temerariousness of Orange : which notwithstanding did succeed thro' the non-resistance of the loyal host : which was occasioned by the ill conduct of Generals, as you shall now observe. The two great wings of the Prince of p. 600. Orange his army being come to the river, action was discovered to begin at four in the afternoon both at the ford of Rosnaree, and at the forde of Ould Bridge. Whereupon it was ordered that five regiments of Irish foot should be in hast sent to reinforce the two before mentioned regiments at Ouldbridge. " At this tyme the Lord Dungan, 3 was commanded down from the right with his regiment of dragoons, to give a check unto some advanced 1 Alexander Macdonnell, third Earl of Antrim. 2 William Bentinck. 3 Walter Dungan or Dougan. 134 HISTORICAL MANUSCRIPTS COMMISSION. M88. of troops of the enemyes, that were ready to gain the banck at the upper ttt fivGAu eu d °f tne forde of Ouldbridge, in despight of the fire that was made — on them at somthing too great a distance by the Irish foot which were posted near the said forde. The Lord Dungan haveing repulsed those troops to the other side of the river, marched back to his station. But in his retreat upon a high ground, he was unfortunately slain by a canon p. 601. ball. At the same juncture SirNealOneil on the left with his dragoons did wonders at Rossnaree in stopping the above said ten thousand men near half an hower. But there was no care taken to sustain him : and so he was forced to retreat to his line. In this while the King's army was onely a spectator of this fierce conflict between a few regiments of their own, and the whole hostile camp, which was an unequal match. Whence we may judge, that it is easy for an host to gain the victory, where litle or noe opposition is given : and that a hundred thousand men signify nothing in the field, if they are not brought to the combat. " 20. Immediately after Dungan's dragoons retired, Mareshal Schomberg brought down to the forde of Ould Bridge the gross of his cavalry, with orders to push on, and suffer noe check. At this the seaven regiments aforesaid of Irish foot observeing they would be soon overpowered, they cryd to their own for horse to sustain them. In the mean while they make a smart fire at the enemyes, and layed them in p. 602. heaps, as they were entering the waters. But their cryeing for horse was vayn : for they receaved but one troop ; which was as good as nothing. "21. At this tyme the King remarking from his station, which was at the church of Dunore, that the enemy was gaineing the passes both on the right and left, sent orders to his army to retreat, leaveing the conduct to the Duke of Tyrconnell : and then he himself went off to Dublin, being guarded by some troops of Collonell Sarcefield's horse, and by some troops of Collonell Maxwell's dragoons. " 22. As the King departed, the army began their retreat towards the bourg of Duleek. The left wing with the center went off first : which left wing was posted over against the ford of Rossnaree, the pass being first forced. The French brigade of foot marched in the rear of the center, bringing along with them their canon : by the healp of which they covered the infantry, while the horse on the said left gave their assistance. The seven regiments of Irish foot, which guarded the great p. 603. forde of Ould Bridge, not being supported by horse, were also forced to retreat : but were in danger to be intercepted by such of the enemyes, as had traversed first the river /^before they joyned their main army ; which the Duke of Tyrconnell, from the right, perceaveing, flew with his regiment of horse to their rescue : as did the Duke of Berwick with the two troops of guards : as did Collonell Parker with his regiment of horse ; and Collonell Sutherland with his. It was Tyrconnell's fortune to charge first the blew regiment of foot-guards to the Prince of Orange ; and he pierced thro'. He presently after engaged the Eniskillen horse, bould troopers. At the same tyme the two troops of guards, and the other two regiments of Irish horse" signalized themselves ; and were bravely opposed by their enemyes. This gave opportunity to the King's infantry to gett off in safety. 'Twas during these encounters, that one Master Bryen O'Tool, of the guards, discovering his former acquaintance, p. 604. Marshal Schomberg, near the village of Ouldbridge, resolved to sacrifice his life to the makeing him away, upon which he, with a few of the guards, and a few of Tyrconnel's horse made up to him : and O'Tool with his pistol shott the Mareshal dead. 1 But, soon after, fighting like a 1 See "Life of James the Second." By J. S. Clarke, vol. ii., London : 1816, p. 400 ; " Memoires du Mareschal do Berwick, ' i. p. 72-75. HISTORICAL MANUSCRIPTS COMMISSION. 135 lyon he was slayn. By the tyme Schomberg was killed, the Prince of mss. of Orange traversed the river with the rest of his army : who near the ^fixgaJi* F village of Dunore had some small engagement. For the Irish hor3e, — especially the right wing, fought retreateing all along in covering the main body, till they came to Duleek, two miles from the Boyn, where being pressed by the pursuit of the enemy, the Irish army halted, and faced about with preparation for a bloody combat, if sett upon. But the Prince of Orange observeing the King's army to make so good a countenance, thought it more prudent to halt, and suffer them to marclie away. * 23. The heat of this action lasted not above an hower, where you see that it was but a skirmish between nine regiments without canon or p, 60S. retrenchement, and an army of 36,000 choice men, for the defending and gaineing a few passes upon a shallow river: and after the passes gained, there happened a running fight between a few regiments of horse with the healp of a brigade of foot, and all the said army of 36,000 men for two miles, which showes the retreat was admirable, considering the superiority of the enemy, and the openess of the ground. The loss on either side was not considerable as to the numbers of men : tho' the King by that little contention lost the province of Leinster, and part of Munster, being open country es. There was slain of the loyalists about 500 men. Amongst whom was the Earl of Carlingford 1 a voluntier : by whose death his honour and estate descended to his brother Count Taaff, 2 who was then in the Emperor's service. The Lord [Walter] Dungan as abovesaid, the onely son and child then liveing to William [Dungan] Earl of Lymerick ; upon which account he was much regretted. Collonell James Dempsey : Major Frank Meara : Captain Richard Plunkett. Sir Neil O'Neil, a brave gentilman was mortally wounded, of which he dyed eight P- 606. dayes after in the citty of Waterford. Major Thomas Arthur, of Hacketts- town was likewise wounded, and dyed in a few dayes. Several other officers were killed ; amongst whom were some English gentilmen, Catholicks and Protestants, that had come out of England to serve His Majesty in the Irish warrs. Of these, Cornet Kirk and Captain Chaplain, Protestants, were killed : and Captain James Gibbons, a Protestant, was made prisoner. Lieuetenant-Generall Hamilton was also made prisoner, and sent to the Tower of London. " 24. Of the enemyes there was slain, as above said, Mareshal de Schomberg, a most expert general, as the Mareshals of France usually are ; which was a sensible loss to his own side. This great commander haveing been dismissed by the Most Christian king, because he would not conform to the Catholick religion, he came to Holland, where he engaged in the Priuce of Orange his service, as that Prince was prepareing to invade England. His body was brought from the Boyn to Dublin, p . e©7. and interred in the Cathedral 3 church of that city. Collonel de la Calimots, 4 brother to the Marquis of Rouvigny, alias Earl of Galway, was mortally wounded, and dyed in a few dayes after. The minister, Doctor Walker, who had been one of the governors of Londonderry against the beleagur of the Irish, as above mentioned, was here also slain with some other officers, and about a thousand privat men. The tents and the baggage of the Irish for the most part were taken. The army of Orange lay that night upon their arms at Duleek, haveing left their tents standing beyond the Boyn. The Irish army receaving orders from the Duke of Tyrconnel to marche unto the citty of Lymerick in the province of 1 Nicholas Taaffe. 2 Francis Taaffe. 2 Caillemote. 3 St. Patrick's, Dublin, 136 HISTORICAL MANUSCRIPTS COMMISSION. Mss. of Minister, they crossed the river Liffey that night at Leixslip, and at TH Fingall° F Chappel Izard. 1 The next day they marched forwards to Rathcool, to the — K"aace, 2 to Castledermot, thro' Carlo w, and thro' Kilkenny, till they arrived at the said Limerick in the marche of 15 dayes. There followed them a great number of gentilmen, who had no military employments : p. 608. and of the clergy ; of farmers and tradesmen ; as also of laydes, and inferior women with their children they haveing an aversion to stay at home under the arbitrary comportment of an heretical or infidel army. The enemy afterwards plundered their howses : took away what cattle was left behind ; and seized on their estates and farms. The enemy also committed ('tis a certain truth) some murders in the county of West- meath, and in the King's County. It is well, that Atheists did no more harm. y its own powder : which took fire thro' heedleness of those, whose office it was to look to the ammunition. In this vessel perished, among the rest, some Irish officers ; and namely Collonel Charles Kavanagh, of the county of Wexford ; and Mr. John Welsh, of Pilltown in the county of Waterford. Some were saved by being flung in shallow water near the shore; amongst whom was Collonel Barret, of the county of Cork; and a young son of Collonell Kavanagh's. 'Twas a deplorable disaster. When the fleet arrived in England ; the prisoners of the chiefest considera- tion were putt into the Tower of London ; as, the Earl of Clancarty ; the Earl of Tyrone, who dyed therein ; the Lord Baron of Cahir ; and Collonel Mackillicuddy, Governor of Cork. The number of the slain, at this siege, was but little on either side. The English lost the Duke of Grafton, natural son to King Charles the Second. He was wounded, and dyed the 9th of October followeing. VIII. Tue Battle of Aughrim, A.D. 1691. p. 679. " 19. The loss of Athlone on the 30th of June rises up in judgement against the opponents of Tyrconnel in his opinion : which if followed, HISTORICAL MANUSCRIPTS COMMISSION. 147 would have preserved that town, and in sequel the province of ^xss. oe Connaught, as all now do confess. When the newes of this misfortune TH ^ : I] ^^ L 0P came to the Duke of Tyrconnel, then at Lymerick, he groaned thereat : - — and redoubled his sorrow, that he was so unfortunat as not to be believed, when he proposed clear and sure waves of saving his country from a total ruin. However, he must needs again deliver his opinion concerning the operation of the remaineing campagne. Which is : he would not now lay the kingdom upon a single battle, haveing heard of such a dessigne : but he would make a defensive and dilatory warr in expectation to be superior the next year by succours out of France. In the interim, and offhand (the foot being brought to Lymerick) he would send the Irish cavalry over Banhoer bridge into the province of Leinster, for to bring away from thence great booty : p . 680. and also recruits from the Catholic inhabitants. This enterprize would oblige General Ginckle to send his hors after them, for to secure Lein- ster, from whence he had his sustenance. And his hors being gon ; his infantry could not stay behind : and so Connaught would be still left to the Irish. There was noe reason to fear, that the Irish horse would be in danger. For being lighter, they would fatigue the heavy cavalry of the English host : and they had all way es, upon a necessity, a safe retreate into Lymerick. " 20. But General St. Ruth, knoweing that he could not well justify his looseing of Athlone at the head of a considerable army before the King, and his own royal master, thought it not fitt to pursue the sentiment of Tyrconnel : and so he chose to putt the kingdom upon a fayr combat, being unalterably resolved to bury his body in Ireland, or regain it speedily. Whereupon, observeing the strength of his army, he commanded the same to decamp from Athlone in the afternoon of that p. 681. day, 1 wherein it was taken. He marched towards Lymerick : and proceeded with small marches, untill he came a litle beyond the village of Aughrim 20 miles from Athlone, and 30 from Lymerick, in the county of Galway. Where vieweing the ground, he judged it con- venient for his dessigne : and so fixed there his camp in wayteing for the enemy. His army fronted Athlone to the east : and Lymerick was in the rear, and to the west. Before his front he had a morass : over which foot could come, but not horse. At each end of this morass, there was a passage ; thro' which the enemys horse could com to his right and left flanck. That on the right was a litle forde caused by a stream issueing from the morass. That on the left was an ould broaken causeway, onely large enough for two horses to pass it at a tyme ; and was 60 yards long. Beyond this causeway was the castle of Aughrim on a line and on the left within 40 yards : into which St. Ruth putt that day Collonell Walter Bourk, and two hundred men. He marshalled his army in two lines, p. 682. The cavalry on his right was the regiments of the Duke of Tyrconnel ; of the Earl of Abercorn ; of Collonel Edmund Prendergast, before this of Sutherland, besides dragoons. This wing was to see that the enemy's horse did not breake in on the right of the army thro' the pass of the forde, and thro' the narrow ground lyeing between two morasses after passing the forde. For the English had double the number in cavalry : tho' the Irish had some advantage in the infantry. 'Twas here Lieutenant-General de Tesse, and Major-General Sarcefield, now Earl of Lucan, were posted. The other Lieutenant-General, the Marquis D'Usson, after the siege of Athlone went to Galway. On the left the 1 30th June, 1691. K 2 148 HISTORICAL MANUSCRIPTS COMMISSION. Marquis of St Ruth placed the Earl of Lucan's regiment of horap, and those of Collonel Henry Lutterel, of Collonel John Parker, and ColloneJ Nicholas Purcell, with a body of dragoons. The Lord of Galmov with his regiment was putt behind the second line of the foot, in the nature of a reserve for to answer occasions. The conduct of this left wing was given to Major -General Sheldon : the first line of which Brigadier Henry Lutterel commanded. Their business was to defend the pass of the causeway : near to which, for more security, there was sett two regiments of foot. Close before the first line of the Irish infantry there was a few ould ditches ; which were serviceable to them at the first charge of the enemy. The management of the infantry was assigned to Major- General Dorington, and to Major-General John Hamilton. Thus was the disposition of the army. Noe doubt St. Ruth shewed good skill in chooseing ground, and in rangeing his host for this fight, where his all, and the all of the nation lay at stake. The day before the combat he pronounced some words, wherein he manifested his desire, that all men would withdraw, and reserve themselves for garrisons, who were sickly, or unable to fight, as they should do; because he expected on the morrow to come to an engagement. "21. The day Athlone was taken, the English army and the Pro- testants of the town, made great joy for so unexpected a victory : in gaineing of which thoy own to have spent nigh fifty tun of powder: many a tun of stones shott out of mortars : 12,000 canon-bullets : and 600 bombs : which is a great expence. So haveing rested here for some dayes, the army decamped on the 10th of July, and marched towards the Irish camp. On the 11th it came to Ballinasloe, three miles from Aughrim. The next day being Sunday, it arrived at Aughrim a little after six in the morning : where haveing rested a little while, the whole army was drawn up in two lines of battle. The Irish at that juncture were assisting at the sacrifice of mass : and a litle after prepared for meridian repast. But General St. Ruth observeing the enemy a-range- ing in order for fighting, commanded his men to be marshalled according as we mentioned above. p. G85. " 22. Both sides being fully prepared, action began a little after eleven : which mostly consisted in the playeing of the artillery, and in skirmishes for gaineing and defending some advanced posts and litle passes towards the right of the Irish : and which lasted thus till about six in the even- ing, when the main bodyes deeply engaged. In that while, the English were first repulsed : and afterwards they acquired those outward places. I mean, under the word English, the forraigners also : who were the better moyety of the army. Both partyes, to give them their due, contended with extraordinary valour; in so much, that their combat was comely, amidst death and wounds, because fought with military skill. " 23. But General Ginckle, not satisfied with the obtention of those litle advanced posts, resolved to come closer to the matter, and make himself master of the forde on the right of the enemy, that he might gett in that 6g6 way with his cavalry amongst the Irish foot : which he perceaved, was somewhat superior, at least upon the account of the ground : and which therefore he seemed to fear most that day. Upon this, he ordered down at two o'clock a great body of horse from his left, to attack the pass of the forde. Here the dispute was rude, because it was for a thing of consequence : wherein the English were first repulsed : until the Earl of Portland's regiment of horse, which then arrived in the camp, joyned them : and thereby they pushed the Irish from the forde to the body of MSS. of the Earl of Fin gall. f. 683. p. 684. HISTORICAL MANUSCRIPTS COMMISSION. 149 their cavalry, which was hard by : where they stood firm their ground mss. or all the day in spight of several attempts made on them ; because the TH f I ^JJ , L l English horse, even after passing the forde, could not spread, being — enclosed on the right and left by the above said morasses. ".24. General Ginckle did not like hitherto the countenance of the contention, because he saw no way to weaken the Irish infantry with his horse, if ho should generally engage. This consideration put him p . 687. in a doubt whether he should continue and come to a close fight that day. But it was soon resolved, that it was so best. Whereupon he commands his left wing to charge again violently the ri^ht of the Irish horse thro' the forde at .5 in the afternoon . Which they did with great bravery ; and as well they were resisted ; General St. Ruth takeing care to provide timely against danger. He shewed himself that day a good general : and did strain a point to recover the loss lie had sustained in the rniscarrage of Athlone. Between these wings the conflict was fierce. But at the end the English were forced to recoyl, not being able to compass their aym, " 25. 'Twas at the period of this action, and about 6 o'clock, the main bodyes of foot on both sides came to close fight : and sharp it was. The English charged : and in their advancing, the Irish slew numbers from their litle ould ditches. The English gained them : and flew in bouldly among the enemyes. The Irish returned the charge : and broake and pursued them with great slaughter. " 26. Fresh bodyes of English came on again, and held the strife a p . 688. good while in ballance. Major-General Dorington being pressed, sent for the two regiments of foot, which were placed in the beginning of the day to guarde the pass on the left. At the same tyme, General Ginckle ordered down four fresh regiments more of foot to re-inforce his combattants which made the contention very sanguinary : till at last the English gave ground and the Irish advanced near the enemy's field of battle. (i 27. This repulse was no sooner given than a grand core comes poureing down on the Irish for the third tyme. 'Twas now the combat seemed more violent than before, and as if it were the last effort. After an obstinat storm, the English were constrained to retreate. The Irish followed, makeing use of club muskett : whereby the for- eigners suffered much. The regiment of Guards, and the whole royal brigade was particularly noted by the field to have performed uncom- mon execution. The Irish pursued so farr that they gained the enemy's ground, and maintained themselves thereon. Collonel Gordon Oneil p< 6 89 with his regiment took some of their canon. " 28. At this, General Ginckle seeing his center wholly broake : his left wing to have noe small losses, without being able to have gained their point : that his right win * could not with any safety gett over to the left of the Irish : and that the foe was on his field of battle, he became so disturbed in his thoughts, that he could not well resolve, what to do, unless to take his flight : of which some marks appeared immediately. "29. On the other side, General St. Ruth remarking the condition of the enemy, and his own success, cryed out in bis language with joy : ' Le jour est a nous, mes enfants ' : 6 the day is our own, my boyes.' To whom I thus address on this occasion : ' Great General, you may well say, if God gives you life, nay an hower of life, you will presente a kingdom unto his Majesty of Great Brittain, as a grateful return 150 HISTORICAL MANUSCRIPTS COMMISSION. Mss. or for the honour, he had don you, in makeing you Mareshal General of TH Fingall. 0F Ireland. If the powers above shall think fitt to suffer your vital thread 1 to — be cutt on this place ; at least you may dye with this comfort, that you P- 69 °- have left the army entering upon possession of the realm ; and if their leaders will not perforin so easy a task, as to take absolut possession thereof, the fault is not yours, but theirs alone.' And in truth it proved so. • "30. Amidst that confusion of General Ginckle, some of his great officers advised him for his last remedium, to attempt once the sending his right wing of horse over the pass of Aughrim-castle, notwithstanding the danger thereof. The, General took this desperat advice : and so ordered it to be executed. Upon which the cavalry marched; Rouvigny's regiment being the first. "31. The Marquis of St. Ruth observeing the enemy coming towards the pass, he gave orders to the left wing of his horse, that had heen idle all the day, to goe and oppose him, which he knew was easily don : and P« 691. therefore he continued his joy, as being sure of his point. Here we are to take notice, that this long-bloody contention is just a ending: that the victory is so certainly in the hands of the Irish, that nothing can take it away but the gaineing of that most perillous pass by the castle of Aughrim : that the defending of it is so easy, that a regiment may perform the task. At least four regiment of hors and four of dragoons might make the passage impossible. This being so : what a. pity it is, to loose a kingdom at so slight a rate, as not to venture a few men ! What a pitty to bring thus thousands of familyes into slavery ! To suffer religion, the true worship of Allmighty God, to be suppressed ! To keep, in fin, a mighty monarch in exile ! What excuse can the left wing of the Kings cavalry make for themselves, if they will not hende r the enemy's gaineing the said pass, and obstruct thereby the ensueing calamityes ? Their bleeding country requires it : their suffering Prince exacts it : and their oppressed kindred implores it, and expects it. They have had all the day conspicuous examples of bravery before p 6 92. their eyes : their companions on the right fought like heroes : their foot in the center threw all down before them like thunder-bolts : so that there is nothing wanting to make them all an eaver happy nation r but the easy concurrence of the cavalry on the left, which in reason, in honour, in friendship, and in loyalty cannot be denyed. Is there not here some zealots, who opposed the Duke of Tyrconnel, because they thought him not zealous enough for his country ? Now, therefore, lett them show to the world, that their zeal was solid, and their intention sincere. But alass ! these remonstrances will prove in vain, tho' the great officers of that cavalry must needs have had the same thoughts more or less at that juncture. " 32. So we will proceed and say : that General St. Ruth haveing sent his command to the horse to marche and oppose the enemy at the pass, he himself must needs goe along for to see them perform their duty, that there may be noe faylure in the last scene of this bloody tragedy. They p. C93. moved : and the General followed with his guards. But as he was ride- ing down a litle hill, a canon-ball from the other side directed by the canoniere amongst the troops, that were goeing to defend the pass, missing all others, struck the Marquis of St. Ruth in the head : at which he fell : and at the same tyme it layed the nation prostrat at his feet. A cursed ball, that carryed such a measure of woe ! people of 1 thread] thrid, MS. HISTORICAL MANUSCRIPTS COMMISSION. 151 Ireland ! you were not, it seems, judged by heaven worthy of those blessings, which you expected by undertaking this warr : that is, to re-inthrone your King : and in sequel to establish your religion, your property, and liberty. Your sins, your sins have been the barriere to that felicity. As soon as the body was down, one of the retinue carryed it off : and brought the corps to the town of Loughreagh, and there interred it privately. " 33. Behould this great man gon at the height of his greateness ! Which showes, we must be allwayes mistrustful amidst the smiles of fortune. Let us see what immediat effects produced this death in the field. We find in history, that some armyes in battle have despayred of p. 694. victory upon the killing of their General, and so retreated : that others gained the day much the sooner upon the like disaster ; because they were carryed on with a violent zeal to revenge the death of their leader. But we neaver have read, that an army overcoming all the day, and ending victoriously the combat without any considerable loss on their side, and their being noe difficulty to accomplish the petty remnant of the fight ; that such an army, I say, gave up the victory of their own accord at the death of their general commander. 'Tis onely the Irish army, or, more truly, a wing of it, at Aughrim, in the province of Con- naught and kingdom of Ireland, that began this precedent in the year 1691. " 34. As soon then, as the Marquis de St. Ruth was slain, the Guards withdrew from the field. Brigadier Lutterell, who was at the pass with the advanced troops heareing of it, did the like after a small resistance. Major-General Sheldon with the main body of the left wing followed, makeing their way to Loughreagh ; and thence to Lymerick. At the same tyme the Irish infantry went on thundering : and their cavalry on the right stood firm to their ground, being prepared at every moment to encounter bravely, as they had don several tymes that day ; litle dreame- p. 695. ing that their horse on the left would abandon them : or that the enemy could gett any way to snatch the laurells, which they had reaped in the field of blood for several howers. " 35. It would be a satisfaction to the nation to know, what solid reasons these great officers have for their goeing off the field, of their own accord, and without any compulsion, at a tyme when their presence was so necessary, that the safety of the realm depended thereon. They say they had this one reason for so doeing, because there was no General to command them to oppose the enemy at the pass. To the annulling of this reason, we answer in several wayes thus : First, the end of their being in the army was to serve the King and country upon all occasions in general, and particularly in suppressing the present rebellion. Here was for them a fayr occasion to compass that end : and the best that ever they had, or eaver will have, which was warrant enough for their encountering the foe at that juncture without any special command. For by their fighting in this occasion, noe dammage p. 696. could ensue to King, country or the army : and by not combatting, the destruction of all would follow, as it proved in fact. The nicety of martial lawes ceases, when an inevitable rum is at hand, unless you do the moment before obstruct it; and when therefore there is noe tyme to gett positive orders from higher powers for preventing the same. In such case there is a tacit order allwayes supposed, which order is like to the law of self-preservation : which warrants my opposeing the person, that invades my life, without my recurring to the magistrat because such delay would prove my death. Moreover there comes under this MSS. or the Earl of FlNGALL. 152 HISTORICAL MANUSCRIPTS COMMISSION. ii if 1 Earl" of case the law of society : whereby I may without command, and I Fingali.. ought, if able, to preserve the members and head thereof from any imminent danger. This sort of procedure is justifyed by necessity which is above the laws politick : in so much that the iawes or warr, p. G97. forbidding the souldier or subordinat otlicer to assault the enemy without orders from the superior or supreme commander, are dormant in the case of necessity, us was evidently that of defending the pass of AuL'hrim- castle. So we'll proceed, and say secondly: that the great officers of the left wing of the Irish cavalry, were placed by General St. Ruth on that ground in the beginning of the fight, for to secure that very pass, to the end, that the hostil cavalry might not come over to the endanger- ing of the King's army. This was a particular order to them to watch the enemy's motion, and fly to bis resistance, whenever he attempted to gain the said pass. Thirdly : the General in a few minutes before his death, when he saw the enemy coming towards the pass, gave them fresh and positive orders to marche and oppose him, for to make the victory compleate by frustrating the foe of his last endeavour : and both the King's cavalry and the General himself were actually in their march towards the place. Sure this was warrant enough for their p t egg. continueing the dessigne, whether the general were present or absent ; whether dead or alive. Nay, I should think, this order was binding til) executed: so that those officers disobeyed the command by turning their back to the foe : and consequently they stand guilty of a breach in military disciplin. Fourthly : they were absolutely certain that it was the General's will all along : that all the General Officers on the right and in the center required it : and that the whole army expected it, that the left wing should secure the pass above all things for their safety, and for makeing sure the day. Was not this a high-commanding order ? VVas it not instruction enough unto them, what to do in the case ? Certainly it was : and so farr, that they cannot possibly pleade ignorance, nor fear of offending higher powers, or goeing against the rules of martial disciplin. Fifthly : They knew that, if they quitted their post, their infantry would be murdered, as exposeing them thereby all naked to the fierce assaults of the hostil cavalry, at the nick of tyme, when they were weary conquering, and had consumed their ammunition p. 699. and consequently lay defenceless. They also knew, that, if their foot was gon, the day was lost ; and in sequel the nation was enslaved : their own kindred and familyes were destroyed : and the King undon. Now to prevent these calamity es, was a supreme authority unto them to goe and keep the enemy beyond the pass. And for soe doing, their country would have blessed them : the King would have been redevable 1 unto their prowess : rebellion and usurpation would have been ended: the end of the warr would have been obtained : and heaven with blessings would have crowned them. " 36. Neither could they alleadge for their justification an unability in stopping the foe. For the General knew the contrary. So did the enemy, who all the day, though he was sincking in his center and on his left, yett durst not once, for his relief, attempt to traverse the caws- way, till despayr at the end compelled him to trye that experiment at all' hazards. So reason shewed the easiness of the fact without controul, 700 and experience confirmed it. For as the right wing made good their ground and guarded the infantry where the enemy had som access unto them, so with more ease might the left (that was also somewhat superior) foyl the enemy at a pass thro' which the access was 1 Redevable (French), indebted to. HISTORICAL MANUSCRIPTS COMMISSION. 153 exceedingly difficult. And, in verity, if the enemy had gott the pas- MSS. of sage, it was expected that the cavalry on the left now swolen with Tll Yi^axix!. the success of the army, and inflamed with a desire of shareing in the honour, and of putting an end to the happy bat lie, and to their own calamityes, would have been match enough for him, and especially reinforced (as they soon might be) with some battalions from the second line of their infantry, which had not toyied near so much as the first line had don all the day. In tin : since the King's cavalry on the left ware resolved to retreate, an indispensable obligation lay on them to send warning to their foot to goe otf with all speed, while they them- p. 701. selves should cover their retreate, which they might have don without any sensible loss, especially assisted by the right wing, as a few regi- ments of horse brought off the right of their foot at the Boyn by a running fight for two miles. " 37. The necessary result of this discourse is that the commanding officers of the left wing, by abandoning their station without com- pulsion, nay, without a stroake, were either traytors to their King and country ; or, by exposeing their foot to a certain murder, they shewed a barbarous indifference for the safety of their friends and countrymen ; or, in fin, were notorious cowards. And so lett them keep their prideing cavalry to stop bottles with. " 38. But to proceed. By the time the King's horse went off the field the enemy's whole right wing arrived at the pass, and seeing noe opposition beyond, they confidently ventured to goe through, notwith- standing the fire from the castle on their right, which fire was insignifi- cant ; tor it slew but a few in the passage. The reason of it was given, because the men had French pieces, the bore of which was small, and p 702. had English ball, which was too large. Here is a new miscarriage thro' heedlessness. Why was not this foreseen and the dammage prevented ? " 39. As soon as the hostil cavalry was gott over, they immediately invelloped the Irish foot, who were surprized at their hard late, while they were moweing the field of honour. They had noe other remedy for their preservation, than to retreate as fast as they could, makeing their way to Portumny, and so forward to Lymerick Most of the horse on their right made off likewise. Onely the Earl of Lucan, with some troops thereof, and the Lord of Galmoy, with his regiment, did good service in covering their retreate as prosperously as so small a body could do. This and the arriveing night and some morasses brought them p y 03 off indifferently well. 'Twas their officers respectively that suffered most. In the same evening, late, the castle of Aughrim was taken, and the commander, Collonel Bourk, with his Major, eleven officers, and 40 souldiers, were made prisoners. Thus you have seen a victory snatcht out of the hands of the victorious. What recompense the commanding officers of the Irish cavalry on the left can make to King and country for the loss of that day, we shall be able to judge when they are Emperors in Europe. What punishments in the interim they deserve, we leave it to the judgement of those who are most knoweing in art military. " 40. In this long and bloody strife, both on the field of bravery and in the accidental retreate, there w r as slain of the Irish officers and souldiers about 2,000, and 600 wounded. The wounded recovered soon almost all, and joyned the army at Lymerick within six weeks after. Amongst the slain was the great (leneral St. Ruth, worthy of lasting p 7o4 memory. Next after him the noble youth, the Lord Bourk, Viscount 154 HISTORICAL MANUSCRIPTS COMMISSION. mss. of of Galway, son to the potent Earl of Clanrickanl. He was dispatched by r *Fis6AXL, 0F forraigners, after quarters given, as 'tis said : Brigadier Connel, Brigadier William-Mansfield Barker, an English gentilman, earely killed by a canon bail ; Brigadier Henry Mac John Oneil, Colonel Charles Moor, of Kildare, with his Lieutenant-Collonel and Major ; Collonel David Bourk, Collonel Ulick Bourk, Collonell Constantin Macguire, Collonell James Talbot, of Tampleogue ; Collonell Arthur, Collonell Mahoni, Lieutenant-Collonell Morgan, an English gentilman; Major Parcel, Sir John Everard, of Fethard, in the county of Tipperary ; Collonell Felix Oneil ; and Dean Alexius Stafford, of Wexford, an undaunted zealot, and a most pious churchman, who fell in the front of the Royal regiment as he was en- courageing them upon the first charge There was made prisoners : The Lord of Duleek, the Lord of Slane, the Lord of Boffin, son to the Earl of Clanrickard ; the Lord of Kenmare, Major-General Dorington, Major-General John Hamilton, who djed at Dublin soon after of his wounds ; Brigadier Tute, Collonell Walter Bourk, Collonell Gordon Oneil, Collonell Thomas Butler, of Kilcash ; Collonell Oconnol, Collonell p. 705. Edmund Madden, and several others, Lieutenant-Collonels, Major.*, Captains, and subalterns. " 41. On the other side, of the English and forraigners there was killed officers and souldiers above 5,000, besides a great many wounded. Amongst the slain, that we could learn, was Major-General Holstaple, Collonell Herbert, Collonell Mongats, Major Devonish, Major Cornwall, Major Fox, and Major Colt. "42. The next day of the battle, the English buryed their own, and part of the Irish, that lay on the ground, where General Ginckle was to fix his camp. The rest they left unburyed. In this same day, Ginckle sent Brigadier Epinger with 1,200 horse and dragoons, to take Portumna and Banhoer, two passes on the Shanon : which yealded the 14 of July, on condition that the garrisons might marche away with their arms and baggage. u 43. On the 13 of July in the morning, the Viceroy, Tyrconnel, being at Lymerick, receaved the sad newes of the King's misfortune at Aughrim : whereby he was struck with a deep wound of sorrow : and the more because the battle was lost so unexpectedly. However, he p. 7og. rowsed his courage, and kept hope alive, resolveing to contiuue the warr since he found the excellent magnanimity of the army ; and that the loss of that day was not very considerable. Upon which, in the first place, he dispatches away into France three expresses one after the other, the Earl of Abercorn, the Lord Thomas Howard of Norfolk, and Mr. Dorari, his own secretary : that, if one or two should fayl in the jcurney, the third might safe arrive at St. Germains, for to give the King a true account of the combat at Aughrim. Secondly : he requests by those couriers a reinforcement of trained men out of France at the farthest by the next spring : and in the interim provisions and ammuni- tion for the array. For he did not doubt to preserve Lymerick ; tho* he would tayn keep off a siege for the rest of the campagne chooseing at the present to stand upon his defence, rather than give another battle : which yett he might do by the healp of an advantagious ground, being still superior in foot. Thirdly : he goes out of Lymerick on the 4th morning after the battle for to receave the cavalry six miles of the town, which he cantoned near Lymerick in the county of Clare, r> 7o;. while he was expecting the foot to come in : and then he wfH enter upon a consultation, what is best to be don in this streightness of tyme. HISTORICAL MANUSCRIPTS COMMISSION. 155 " 44. While these things were a-doeing : the three expresses, that were of p __ the Earl o sent for France ; went on in their voyage. But one of them, the Earl Fingali* of Abercorn, mett a Dutch man of warr near Brest : by whom the ship was taken, and the Earl killed in a fight, after escaping death in the bloody field of Aughrim : where he gallantly comported himself with his regiment on the right. He was a person of great bravery : zealous for his country : and most loyal to his Prince, He was of the noble family of Hamilton in Scotland : wherein he was Earl of Abercorn ; and in Ireland, his native soyl, Baron of Strabane. The like fate the Lord Thomas Howard did meet with : whose son is now Duke of Norfolk, a Catholic. The third envoy arrived safe at St. Germains : where he delivered his accounts of Ireland. The newes touched his Majesty very sensibly, seeing his affayrs grow worse and worse every day. Against which the best remedy he had, was his usual resignation to the P- 708. will of God. At the same time he took some comfort at the considera- tion of the couragious behaviour of his loyal people : and fell into con- sent with Tyrconnel, that matters might, be retrieved with some small assistance from France. The King made the whole story known unto the Gallick monarch : who heard it with sufficient sorrow for his royal friend's sake : and yett was pleased that the courage of the Irish did answer his expectation. But his most Christian Majesty was not in a condition at the present to send any succours of men to the Duke of Tyrconnel ; tho' against the next campagne he might be able to afforde them. In the mean tyme, he could supply the Irish army with pro- visions, ammunition, arms, and other necessary es of warr : and actually did grant them : and ordered them with all convenient speed to be transported from Brest to Lymerick : of which beneath. " 45. General Ginckle haveing refreshed his army at Aughrim, decamped on the 16 of July, and marched towards Gall way, in order to besiege it, bringing along with him onely his field pieces : haveing left his heavy canon at Athlone. It seems by this, that he presumed on his p. 709. good fortune, that Gallway would make litle resistance. This town is marittim, and chief of the province of Connaught. It is pritty- strong by scituation : but might have been made a noble fortress with an indifferent expence, which had been neglected dureing the warr, as other works of moment were. The howses within are built like castles for strength : so that a smart resistance may be given to the enemy, even after entering the town : the Governor whereof was at that tyme the Lord Dillon, as above said : and to his assistance Lieutenant-Gen eral D'Usson entered. "46. On the above said 16th day, General Ginckle with his army came to Loughreagh, on the 17 to Athenree, within 8 miles to Galway. On the 18 Galway was invested : In which there was seven regiments of foot, not full, nor well armed. Baldarg O'Donnel was expected there with 1,000 men of reinforcement. But he came not; who afterwards made conditions for himself ; and took the Prince of Orange his side at the end of the warr. This gentilman was descended of the family of the ould Earl of Tyrconnel in Ulster : who was forced to fly into Spain upon a false impeachment in the reign of King James, the First, where he was owned Earl of Tyrconnel, and his heyrs after him. This present O'Donnel was the acknowledged Earl at this tyme : who heareing that his nation was in warr for King James the Second, came into the king- dom a litle after the action at the Boyn, in order to assist his countrymen : tho' he was suspected by some, as not true to the cause. He bore the nickname of Baldarg, or a red place, or a red spott, upon the account, that some of the family foolishly believed that the true Earl of 156 HISTORICAL MANUSCRIPTS COMMISSION. BfcSS. of Tyrconnel, marked on his body with such a spott, would come from ' fi^am. abroade into Ireland, and do there great matters for his country : and — they applyed their ridiculous belief impertinently to this man. "47. On the 19 of July, General Ginckle planted a battery against a litle new fort, which the Irish had made near the town. He took it that same day. Immediately after he raysed his batteryes against the town. On the 2 1, the Governor ha veing considered the great declen- sion of the Irish afiayrs, thought it fit not to hould out the place any - n longer; and so, the same day, he called for a parley. The treaty was concluded on the 24th of July, whereby the garrison gott their own demands, and the town also for enjoying their estates, the exercise of their religion, and other rights and privileges, that are due to free-born subjects. On the 26th, the Marquis D'Usson went to Lymerick ; so did the Lord Dillon, with the garrison, being about 2,300 men, and with six pieces of canon. " 48. The Duke of Tyrconnel had great expectations, that Galway would make a long resistance, which would be to his advantage. For thereby he hoped, that the campagne would be so farr spent, that the besiegeing of Lymerick could not be undertaken in that season. But the town being so speedily lost, gave him a deep wound of sorrow; because it abbreviated too much his tyme, wherein he expected suc- P" <12 ' cours out of France or a favorable answer to his request, as aforesaid. For new the citty of Lymerick was the onely fortress of note, he had in possession, which his Excellency knew the enemy would besiege immediately. How to keep off this beleagur, the Duke was at a stand for a while. Until at last he resolved upon this followeing stratagem, for to gain a litle tyme. IX. [Siege of Limerick, A.D. 1691.] " 49. The whole Irish Army, tho' scattered in the day of Aughrim fight, yett, reassembled within twelve dayes, hard by Lymerick, in the county of Clare. And those officers thereof, who had been violent factioneers against the Duke of Tyrconnel, do now owne their fault, and acknow- ledge that his Grace was all along in the right, tho' 'twas a submission made too late. However, the Lord Lieutenant ordered the army to pass from the other side of the river Shannon thro' Lymerick, and ^ 713 encamp close to the town on the east side. When this was don ; he issued a proclamation, commanding all men in the Irish quarters from the age of 16 to 60 to joyne the army, for to fight immediately the enemy. In order to which, he made some other preparations. The whole citty of Lymerick, and the army believed, that there would be soon a second battle. And they conseaved much alacrity thereat, especially after taking notice of an ould-pretended prophecy, which said that there would be a fight in the place (called Singland) where the army then was fixed, between the Irish and the English, and that the Irish would so overcome them, that the English should be for eaver dis- abled to make head against the Irish. But the Viceroy thought it not fitt to give battle without a reinforcement of trained foot, for to supply the want of horse : tho' I should side with that opinion, which would assent, that the Irish host now resolut to obstinacy ('tis this gives p. 714, alwayes the day) together with the voluntiers and their zeal, and the advantagious scituation of the place, was sufficient to gett the victory, considering, what numbers of the enemyes were lost at Aughrim ; and HISTORICAL MANUSCRIPTS COMMISSION. 157 what were left to garrison Galway, Athlone, and to take Sligo ; and the MSS. of apprehension, that must needs have been struck into the hostil infantry th fingall. C by the remembrance of Aughrim field : it being found often true, that — superior numbers are vanquished by the healp of other advantages. There are many examples antient and modern of this kind. But these few shall here suffice from antiquity drawn : as is that of Alexander the great his army overcoming Darius with six tymes more forces: Han- nibal with lesser multitudes overthrowing the Roman Generals Paulus JEmilius, and Terentius Varro : Julius Caesar with allmost half the number putting the great Pompey to the rout in the field of Pharsalia ; where Pompey, hitherto esteemed the greater captain (for none before p. 715. had conquered so many nations for Rome) managed very ill the battle that day, especially in this point, that he hendered the young fiery nobility of Rome to give the charge : which had they don, they would have crushed Caesar's army to morsels, tho' made up of veterans; their most violent assault with such numbers not being supportable. Which crafty Caesar knoweing, commanded his army to begin the tight with chargeing bouldly those youthful Hectors, for to dash their first swelling courage. " 50. General de Ginckle haveing taken Galway, and garrisoned it, decampeth from thence on the 28 of July, with a resolution to lay siege to Lymerick in that very season, as being violently desireous to end the warr by the present campagne, for to please his master the Prince of Orange, who was impatient at the delay. But Ginckle upon his decamping receaved intelligence, that the Duke of Tyrconnel was ready p. 716. to present him the second battle at the walls of Lymerick on the county of Lymrick's side. This made him resolve to answer the challenge, whereupon he marched (for expedition's sake) straight to lhat part of the river Shanon where Banahaer-Bridge lyes, bringing onely with him his light pieces of canon, not haveing use of his heavy artillery in a field-battle. At this place he passed the Shanon into the province of Leinster with his whole army on the 3rd day of August, and came that night to the town of Birr in the King's county, distant 30 miles from Lymerick. From thence he marched to Nenagh in the county of Tipperary, and arrived there on the sixth. Brigadier Anthony Carrol, Governor of this open town, and of the castle thereof, quitted it at the approach of the English army, haveing first sett fire to the houses which was soon after extinguished. "51. As soon as Tyrconnel gott an account that the Protestant army was approaching to Lymerick, he gave orders that the Irish host should repass the town, and encamp on the other side of the river in the couuty of Clare near unto the citty. At this tyme his Grace receaved an answer out of France to his message, he had sent immediately after p. 717 Aughrim -fight to the King at St. Germains. In which answer he finds that a reinforcement cannot be spared in this season: but that a fleet with provisions, and all necessaryes of warr would arrive soon at Lymerick. " 52. The Baron de Ginckle being come within a few miles to Lymerick, understood that the Irish army repassed the town to the county of Clare ; and that all signs of a battle vanished. Whereupon he fixes his camp at Carrick-Inlish 4 miles from Lymerick ; and there is resolved to remain, till his gross canon comes to bim from Athlone ; for which he had sent, in order to besiege the said Lymerick. 53. The Duke of Tyrconnel understanding that Ginckle was resolved to lay siege unto the town, tho' it was late in the season, considering the 158 HISTORICAL MANUSCRIPTS COMMISSION. clymat of Ireland, made preparations for a defence. Upon whicli hue brings all the infantry of the army into the citty ; and leaves his horse and dragoons to encamp hard by on . the county of Clare-side. He settles his batteryes : he makes some new Brigadiers, and other officers; and finisheth several other matters. X. [RicnARD Talbot, Duke op Tyrconnell : His Career and Death.] " 51. And now we are com to the last scene of the tragedy, wherein the ruin of Ireland is effected. The Viceroy Tyrconnel, after putting every thing in good order for a vigorous defence, was on a Munday, the tenth of August, invited to dinner by Monsieur D'Usson, the first Lieutenant- General. He and the company were very merry. But at night upon his prepareing to goe to bed, he found himself indisposed. The next day his malady increased. Remedyes were applyed : yett to noe effect. On the third day, observeing his weakene.ss to be great, he setled his wordly affayrs, and took care for his conscience. He appointed (by vertue of a power left him in his commission) three persons as Lords Justices, for to govern the King's people, and manage his royal affairs : who were the Lord Chancellor, Alexander Fitton, 1 Baron of Grosworth ; Sir Richard Nagle, 2 and Mr. Plowden, an English gentilman. On the followeing day his Excellency grew speechless: and on Friday the 14th p. 719. about one of the clock after noon, being the 5th day of his sickness, he expired : leaveing issue one daughter, the Lady Charlott Talbot. His Dukedom was extinct in him. But his Earldom of Tyrconnel came to his brothers son, William Talbot : whose son, the Lord of Baltinglass, marry ed afterwards in the year 1702 the Duke's daughter. H 55. Thus this great man fell : who in his fall pulled down a mighty edifice, viz. a considerable Catholick nation. For there was noe other subject left able to support the national cause. The noble personage, by name Richard Talbot, was a younger son of the family of Cartown in the county of Kildare : whose father was created Baronet by King James the First. Young Richard proved to be Cornett of horse in the beginning of the Irish warrs against Oliver Cromwel and the rebel Is of England in the year 1649. When that warr in 1653 was ended, he went P- 720. into Spain with the Irish forces, that were thither transported : where he became Collonel. From thence he came to Flanders upon King Charles the Second's service, then in that country an exul. At Brussells he had the happiness to be known to the Duke of York : who, approve- ing of his waves, took him into his family, where being a while, Collonel Talbot proved so happy as to become favorit to his Royal Highness. " 56. When King Charles the Second was restored ; several Irish gentilmen applved themselves to the said Collonel, that by his means, as being a mignion to the King's brother, they might obtain the King's letter to the government of Ireland, in order to repossess themselves of their lands of inheritance, out of Avhich they had been ejected by Cromwell and his fellow-rebells. Talbot procured unto them the desired letters and thereby some of the addressors were restored to their 1 Appointed Chancellor of Ireland in 1687-8. 2 Appointed Attorney-General in 1687-8. A letter written by Nagle at Limerick, on the 14th August, 1691, in relation to the death of Tyrconnell, is reproduced in a Facsimiles of National MSS. of Ireland," Fart IV.— 2, Plate lxxxix. London : 1884. MSS. or TttE Earl of FlNGALL. HISTORICAL MANUSCRIPTS COMMISSION. 159 patrimony es. In consideration of which service, the persons so restored MSS. of did bestow by an antecedent agreement, part of the acquired lands on TH FiNctAm° P Collonel Talbot : who having money, layed it out on the purchase of — some other lands: so that he had now by his own acquisition a plentiful p. 721. estate. "57. After the Duke of York ascended the throne ; his Majesty made Collonell Talbot Earl of Tyrconnel, and Lieutenant- General of the Irish army. In the beginning of the 3rd year of the King's reign, the Earl of' Tyrconnel was created Lord Deputy of Ireland, and Captain-General of the army. In which station he shewed himself a lover ot his country in general, and of his kindred in particular, which was a behavior con- trary to that of the late Duke of Ormond, who proved an enemy to his country, and most unkind to his kindred. This is not to be much admired, considering the malignity, which hereticks have for the orthodox universally. So these must not expect as good effects from a Protestant compatriot and relation, as from one of their own religion. There is great difference between tree and tree. p 722. " 58. M)Out the tyme the King was banished out of England (which was at the end of his 4th year) the Lord Deputy Tyrconnel with a mighty zeal raysed an army in Ireland in order to restore his Royal master. The nobility and gentry of the kingdom concurred thereunto most ardently, and with veneration towards the person of their General Governor for his shewing them so brave an example, and so singular affection to his native soyl. In four months after, and in the fifth year of his Majesty's reign, 1689, when the King arrived at Dublin out of France, he created the Earl of Tyrconnel, Duke of Tyrconnel, as above said. " 59. But when the King, after the loss at the Boyn, thought fitt to fly back into France ; and when thereat the Irish greateness became dejected ; the grandeur of Tyrconnel was undervalued (as we remon- strated above) by some of those gentilmen, who before had respected him as the pillar of the nation : and even such the Parliament at Dublin p. 723. in the precedent summer acknowledged him as before mentioned. This comportment of the said gentilmen doth indicat, that constancy to our devoirs is not common and at the same tyme it shows in them ; an ingratitude to so national a man. 1 Yett some there are, who care not a rush, whether their country in general flourish, so they be well themselves. Such we call good for nothing, tho' they were princes in greateness, because they are onely indulgent to themselves. And it would prove the greatest happiness in the world to that country, if such self-lovers were weeded out of the land, as we cast out of a gardin noxious weeds. For what els should be don with them, since they infringe the tacit oath of association, which they made to nature at their first coming into the world, viz., that they would with all their power jointly defend the birthrights of one and other, and their common parent soyl, which is an obligation, that all nations for these five thousand years passed, have thought incumbent on them. " 60. As soon as the Duke of Tyrconnel was dead ; (some sayed of p. 724. poy son : and there was ground for it) the three fore-mentioned Lords Justices took upon them the government, who on the 3rd day of their regence, and the 16th of the month, bein^ - Sunday, buryed at night 1 Eor farther notices of Tyrconaell, see Second Report of this Commission, 1871, p. 27. 160 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of the body of the late Duke in the cathedral church of Lymerick, not JH FmGALL° F with t,iat P om P nis merritts exacted ; but with that decency, which — the present state of affayrs admitted. XL [Siege of Limerick, 1691. — Continued.] "61. General de Ginckle, in a few dayes after Tyrconnel's death, haveing at last receaved his weighty artillery, decamps from Carick- Inlish, and marches to Lymerick ; which he invests on the 25th of August. At that juncture, the Sieur D'>nep, Collonel of Danish horse, was killed by a cannon-ball from the town. Here we'll stop a while to make our observations upon the nature of this siege, that is now undertaken. First : how comes it, that General Ginckle dares assume the task, seeing the garrison is as numerous as his infantry : and the p. 745. very men, that beat his foot lately in the field of Aughrim : and sure 2 can more easily overcome within the b t each of a town ? It appears to be a mock-siege ; tho' that Ginckle gained the town in earnest, and with it a kingdom. He may thank the death of Tyrconnel for it : whose life would have preserved the town and country, as he had layed his measures with France. It may be General Ginckle dessigned to ride his cavalry into the breach when made. Otherwise how could he propose to himself to take Lymerick with so small an army, not being above 22,000, horse and all ; when the Prince of Orange the last year being much superior, could not take it against a garrison ; that was hardly the moyety of the present ? It lookes, as it' the bargain had been already made with Ginckle to give him up the town. For most certainly the garrison was putt to noe necessity of surrendering, as we shall see more clearely ; nor could they be by such weak bpsiegeing forces. However, p. 746. we'll goe on with our narrative ; and speak of the matter more beneath. General Ginckle haveing finished his lines before the town ; he plants his grand battery of canon on south side ot the city ;and that of his mortars on the east at the place called Ireton's fort. 2 The first thing the besiegers did, was, to trye, if with that great battery of canon they could destroy Toumond 3 Bridge, for to cut t off the communication of the garrison with the county of Clare, where their cavalry was, and from whence they »eceaved their refreshments. But the besiegers could not compass their aym after eight dayes' tryal. In which space they cast into the town plenty of bombs night and day. The bowses were much damnifyd by them ; tho' but few men were killed. " 62. The General seeing noe success of moment hitherto : and not dareing attempt a breach on that side of the wall, where the breach was made the last year by the Prince of Orange, because since that tyme p 7 47 outward works were raysed for its defence : which to gain would cost a world of men, and take up too much tyme for that late season ; he resolved to remove his main battery to the north side of the town, or to that part of the citty, which is called the English town, where he under- stood the wall to be very weak, as being thin and without a rampart, and void of outward fortifications. The battery being raysed did ' 'I furiously play, untill it made a breach of forty yards wide. In opposition to this, the besieged made a strong retrenchment within from side to 1 Apparently through a cio.x 1 error, the page following 724 is numbered 745 in the MS. 2 See " Contemporary History of Affairs in Ireland, 1641-52." Dublin : 1879-80. 3 Thomond. HISTORICAL MANUSCRIPTS COMMISSION. 161 side of the said breach : insomuch that they were resolved to stand the MSS. of attack without fear of being overpowered. ^Fingall! 44 63. The breach being made ; General Ginckle prepares for an attack. Amongst other things he gets ready his floateing bridges, in order to pass a branch of the IShanon, which ran before the said breach. But before attempting of this assault, he thought it necessary to dismount a small battery, which the besieged had without the wall on his left P- 748. fhinck, as he mounted the breach. To effect this he endeavoured it for three cr four dayes : but could not prevayl. Upon which he ceased for two or three dayes from all kind of fireing : so that there was a general silence. In the interim we are to tell that few lost their lives on either side : the besiegers not undertakeing any matter of danger : nor the besieged makeing any sallyes worth the remark. Of the last there was killed a hopeful young gentilman, a nephew of Monsieur La Tour, the Governor, by a bomb, being at that tyme in the same chamber with his unckle. In like manner a gentilwoman was slain before the door of her lodging, after coming down stairs, for to shun the bomb, which appeared to fall on the howse : but fell in the middle of the street, and there bursted : a splinter of which struck the lady as aforesaid. A tew more of noe note receaved their death in that way. Upon a small saily p. 749. or two there was lost Captain Walter Hore, of Harperstown, in the county of Wexford ; and two or three other inferior officers with a lew common souldiers. Of the besiegers, the Lord Loftus 1 of Lisburn was killed by a canon-ball on the 15 of September, as he was coming out of his tent, which was placed in the trenches. This nobleman was a native of the county of Dublin in Ireland, and proprietor of Rapharnum near the sa'd Dublin, and of a great estate thereunto appertaineing. But he was a remarkable zelot for the Prince of Orange. His friends gott the bullett, that had killed him, to be guilded, and to be hung over his tomb in the Cathedral church of Dublin dedicated to St. Patrick the apostle of that kingdom; and this to stand a monument of his good affection and fidelity to that usurper. A folly in grain ! Besides that Lord, there was a small number of others slain on the side of the besiegers. Dureing which tyme, General de Ginckle sent Brigadier Levison with a party of horse and dragoons to the county of Kerry, which bounds with that of Lymerick, in order to subdue the Lord Fitz- p. 750. Williams, Viscount of Merryon, 2 and the Lord Bourk, Baron of Brittas, who commanded partyes of new raysed horse : as also the Lord Butler, Baron of Dunboyn, who had a regiment of dragoons in that country. Levison receaved two reinforcements one after another. The first was of 300 horse and dragoons : the second of two regiments of infantry. There happened noe action of moment between those contrary sides : and that thro' the fault of the Irish commanders, who joyned not their forces into one body, which if they had done with a moderat reinforce- ment of the inhabitants, and had taken the advantages of ground, which that country afforded, they would have hendered the enemyes to com into the plain tracts of Kerry. This much Levison observed : and therefore he thought it necessary to be considerably reinforced before he would venture to goe farr into the country. However, it happened about the 20th of September, that some troops of Dunboyn's dragoons were posted at a pass, where they were to wayte a litle while for a 1 Adam Loftus, created Baron of Rathfarnham, Dublin, and Viscount Lisburn, in 1685-6. His only child, Lucia, married Thomas, Lord Wharton, and -was mother of Philip, Duke of Wharton, attainted in 1728. 2 Tbomas Fitzwilliam, fourth Viscount Fitzwilliam, of MerrioD, co. Dublin. i 84068. L 162 HISTORICAL MANUSCUiriS COMMISSION. reinforcement of Merryon's horse. But in the interim Brigadier Levison appeared with his body. The Irish dragoons seeing themselves much inferior to the enemy, quitted their post. A litle while after some troops of the Lord Fitzwilliatr's horse came to the place ; and tho' they saw the pass abandoned by their own, they stood for a tyme udom the defence. But haveing no infantry to send into the morass, that inter- vened ; and being gaulled by Levison's dragoons on foot, who were come into the moor, they were forced to retire. Which gave the opportunity to the English of carryeing away a great prey of cattle. " 54. To return to Lymerick : while it was besieged, as aforesaid, the Irish had a guard of dragoons consisting of four regiments, and of som foot at a deep forde of the Shanon a mile above the town, for to hender the enemy from passing over to the county of Clare, and thereby from cutting off the refreshments of the country, which came from thence into the citty : as also for to barr the foe from coming between the Irish horse p. 752. encamped at Anaghbeg about two miles from Lymerick, and the garrison. " 65. General Grinckle, after the long silence of his artillery, and after his mature consideration of the danger in attempting an attack on the above said breach, resolved toquittthat enterprize, and embrace another, which was thus. He is fixed to cross the river Shanon, in order to beguirt the town on the other side of the river, in hopes to distress soon the besieged so much, as to force them to a speedy surrender. For the General was in hast to goe into winter-quarters, by reason that his army was suffering : and to finish the wan* by a happy issue of this siege. Upon this resolution, he gives orders on the 16 of September at 10 a clock in the night, to carry fluates and pontoons to the above described forde, where he intends to pass the river. He commandes six hundred workmen to lay the bridge in that place : and a hundred grenadiers to cover them, while those men were working. The p § 753_ grenadiers were brought in boates into an island ; where they remained undiscovered, till it was allmost morning. At which tyme the English were discerned by an Irish dragoon on the contrary banck, who was patrolling. He gave notice of it to Brigadier Clifford, who commanded the Irish guards that night. But the Brigadier seemed not to give credit to any such account, as not feareing that the enemy would dare undertake so perillous a passage. However, the alarum spreading : one of the Collonells of the dragoons, by name Dudley Colclough, of Moyhurry in the county of Wexford, brought down his regiment to the Brigadier's tent in such hast, as some of his men did not stay to saddle their horses- The Collonel desired ammunition and orders for to obstruct the passage of the enemy. But the Brigadier before Collonell Colclough and other officers neglected so long, by his discourses which noe man of sense understood to be pertinent, to perform his charge, that the above-mentioned bridge was finished, (which happened about 7 of p 754^ the clock in the morning) and a great body of the English came over. The first that passed was a regiment of dragoons, called the Royal Regiment : then grenadiers, and fusiliers, who were supported by four battalions of foot, and several squadrons cf horse. At which the Irish guards seeing too plainely their enemyes at their nose; and themselves too weak to beat them back over the said river, took a suddain resolu- tion to save themselves by flight, which they hardly effected, by reason that the greatest part of their horses were at grass at some distance from the forde : so that a few of their men could not timely arrive at their horses ; and therefore were made prisoners. Several saddles, aud MSS. or TTIE E.ITU, 07 FlNOALL. p. 751. HISTORICAL MANUSCRIPTS COMMISSION 163 tents were left to the enemy. The Irish cavalry under the command of MSS. of their General, Dominick Sheldon (which was encamped a mile off towards T ^yi^qali. Killaloo) heareing of this misfortune, decamped suddainly, and marched — towards the town of Ennis in the county of Clare. By which the horse lost communication with Lymerick. At the same tyme the Irish Lords P- 755. Justices or regents, and the ladyes, and such gentilmen, as were not concerned in the army (who had a camp of their own in the county of Clare within a quarter of a mile to the garrison) were forced to run into the town with all speed, which caused a crowd and an inconveniency both to themselves and to the souldiery. " 66. Here rises a question, whether the Irish cavalry should have com down, and fought the enemy that was come over? I side with that opinion, which sayes, they should have don it. And we give for reason, because they might have come safe and timely enough and were able, especially in conjunction with their own dragoons, to drive back the foes and to gather 1 as many of them as could pass the bridge, by the tyme that the Irish horse were arrived on the place. Nay, in all pro- bability, the English forces, which had trajected the river, would not have stood to a fight, seeing the hostil cavalry and dragoonry coming all down upon them. For they could not be sufficiently supported from p. 756. the other side, by reason that the bridge admitted not many in abrest. So that one regiment of Irish dragoons with three companyes of firelocks would have stopt their passage on the said bridge where they might have made a barricade of the enemyes to their own people behind. This was a brave occasion for the Irish cavalry to show themselves : for from the beginning of the warr to that day they were not brought to a tryal, as to the whole body of them. And what should they be any more reserved for ? Or for what were they at first raysed ? Here they would make recompence for all their past inaction, tho' the fault hath not been in the men, but in the great officers. For by this repulseing of the enemy to his own side of the river, the siege would be raysed for certain within a day or two, considering what we have said above concerning General Ginckle's not dareing to mount the breach, he had made in the wall of the English town. But you see by this act of suffering the enemy to cross the Shanon, that the misfortune of the p. 757. Irish is continued ; who loose ground upon every important occasion, not by the bare prowess of the foe (tho' brave he is) but rather by the neglect, or ignorance or treachery of particular commanders, as it will appear to a thorough considerer. But what Brigadier Clifford can say for himself by way of vindication, I do not understand. I suppose, his comfort is, that he believes he will neaver be brought to an account of this behaviour by the King. " 67. Here springs another quaere : what should the Irish horse and dragoons have don, when they lost the communication of their foot, that was within Lymerick ? Some say, that they should have passed the Shanon into Ulster, or rather into the province of Leinster at som con- venient place for a retreat into Connaught, if need were. The first report of their marche that way, would oblige the English horse and dragoons to rise from the siege, and to hasten into Leinster, for to pre- vent the destruction of that country, and especially of Dublin, from P- 758. whence the besiegeing army had all their provisions. Their infantry would not dare stay behind, as feareing their victuals might be cut off ; and that they might be invelopped by the numerous garrison, by the 1 to gather] together, MS. L 2 164 HISTORICAL MANUSCRIPTS COMMISSION. th^Eablof l°y a l P eo pl e of * ne county of Clare, who would rowze themselves at Fingall. sucb a juncture, and by the troops and militia of the county of Kerry : which doubtless upon this opportunity would march in great numbers towards Lymerick, as being particularly provoked by the loss of their cattle, which Brigadier Levison took from them about this tyme. I have heard it sayed, that this very enter prize w r as the dessigne of the Irish cavalry : but the execution was prevented by heareing, a few dayes after, while they lay encamped near Ennis, that a cessation was made in order to conclude a peace. Yett, others do tell us that the Irish cavalry might with good reason have remained in the county of Gal way, upon confidence that their foot would effectually hould out the siege at p. 759. this tyme, since a smaller garrison held the town the last year against a potenter host with the presence of their horse ; tho' that host might have beguirted the town on both sides of the river without resistance: so that the Irish horse had noe solid cause to fear at present the sur- render of Lymerick. And this is the truth, to which I adhere against the imaginations of the timorous, and the ignorant; and against the sentiment of the treacherous. " 68. But to goe on : the English, who had passed the forde ; and their companions, who remained beyond, observeing, that the country before them was clear of the enemy, fixed their camps on both sides of the river : and spent four dayes more in bettering of their bridge, in removeing it nearer to the town, in bringing canon to the bancks, and in planting a battery to secure the bridge. At the end of this busines, viz., on the 21 of September, an account was brought to General p. 760. Ginckle, that the English forces had taken the town of Sligo in the province of Connaught from the Irish ; which was after this manner. On the 10th of the present September [1691], Collonel Michelbourne marched with a detachement of his regiment, with 500 of the militia of Ulster, with two troops of dragoons of Ginckle's army, and with six field-pieces. He encamped at Drumchette about three miles from the said Sligo : of which he sent an account to the ould Earl of Granard by a party of horse commanded by Captain Vaughan. On the 11th, Mitchelbourn came within half a mile to the town. On the 12th he drew out his men to attack a party of Irish within som slight works, which were at the entrance into the town. After a short dispute the dependents quitted the works, and entered into the great fort, haveing killed an ensigne and a few privat men of the enemy's. On the 12th the Earl of Granard arrived witii the troops under his command before the place : who immediately ordered p. 761. batteryes to be raysed against the fort. Sir Thadey Oregatj, Governor thereor, being pers waded that the enemy had great canon, and judgeing it of noe advantage unto Lymerick, actually besieged, to hould out the fort for a few dayes, called for a capitulation : which was granted and perfected. The conditions were honourable. Upon which the fort was surrendered on the 1 5 of September. And Sir Thadey with 600 men marched to Lymerick, where he arrived at the end of the siege. " 6°). Now Lymerick onely remains in the possession of the loyalists : but that possession will not last long, because they are willing to part with it, and not otherwise, as you may judge by the fblloweing discourse : wherein you will find, that General Ginckle gave them all the advantage desirable by divideing his little army on both sides of the river: 1 Sir Arthur Forbes, first Earl of Granard. See Second Report of this Com- missiou, 1871, p. 211. HISTORICAL MANUSCRIPTS COMMISSION. 165 and at the same tyme he exposed his troops to be cutt off, if the garrison, MSS. op and their cavalry abroade would be resolut : so that instead of facilita- TH fin«all.' ting the reduction of the place by investing it on both sides with so weak — a power, the enemy rendered his attempt wholly impracticable. But to p - 762 - goe on : the above mentioned bridge being perfectly finished, and com- modiously placed on the river, General Ginckle passed the same into the county of Clare on the 22nd of September with the Duke of Wii tem- berg, and Lieutenant-General Scravenmoie ; bringing with him ten regiments of foot, 14 small pieces of canon ; and all the horse and dragoons of the army, except Collonell Coy's regiment of horse, and 50 dragoons out of every regiment : he haveing left behind Major-General Macay, and Major- General Talmash to command the rest of his army for the security of his camp on the county of Lymerick's side. " 70. In the afternoon of the same day, as the said trajected forces approached to the city, the Governor of Lymerick sent a small detache- inent of foot to the number of 200 men, under Collonel Stapleton, p. 763. Deputy-Governor, for to skirmish with the advanced foot of the enemy by the healp of some litle ditches that were near the place. This was a foolish management. For what end could it have ? It was not able to hender so great forces to approach the town. And at the same tyme it did expose those few Irish to the slaughter. Why rather was not som pieces of canon raysed on the other side of the bridge ; or planted on the church-yard contiguous to Toumond gate, for to scoure the avenues on the county of Clare's side, there being the tyme of four dayes for the doeing of it ? This would prove a positive advantage, as the considerer finds. Nothing of which was don, as if there were noe enemy approach- ing : so that the English forces, especially the foot, could march close to the wall of that side without danger. For there was noe artillery sett up on that part of the town, but what was on the castle : which was mounted too high for doing harm, except to such as appeared on high p. 764. ground at a considerable distance. Nor any outward works were made, wherein musketry (being well covered) might keep off for awhile the approach of the foe to the slaughtering of a great number : and from whence when overpowered, they might safely retreat into the town. "71. But to proceed, Collonel Stapleton at the approach of the hostil bands, engaged them : and after fighting a while he was overcharged with numbers : which made him retire. Some of his men gott into the gate, that was on Toumond Bridge. He himself with the rear was also hastening thither. But a party pursued him so close, that a French Town-Major, who commanded the gate, pretending a fear that the enemy es would poure in with the Irish, shutt the said gate against friends and foes, by which it happened, that Collonel Stapleton, a worthy gentilman, Major Purcel, and som other inferior officers, with about 80 privat souldiers, were killed on the bridge. Here again was a ridiculous fear. For had 2 or 3,000 of the enemyes entered, they would be soon overcome ; tho' there appeared near the gate, not above 2 or p. 765. 300 : who lodged themselves that night on the further banck of the river (which washeth the town-wall) in sandpitts. and amongst ruinous walls of bowses. " 72. Here we must sett the quaere : whether this division of the hostil army (that consisted but of 20,000 men) on each side of the town, and of the great river, from whence they could not relieve one and other in less tyme than an hower, did not prove a vast advantage to the Irish garrison ? For the garrison being 14,000 foot and 200 horse (besides many voluntiers) was double the number of the enemyes, who were 166 HISTORICAL MANUSCRIPTS COMMISSION. Sfc?l§Ji OF * e ^' *° » uar( ^ tae ' r camp on the county of Lymerick side : where their TU Pingall. OF cavalry was not above 300 horse and 500 dragoons : and therefore could — not the besieged take a fayr opportunity to surprize them, or fight them upon a square and gain the victory ? Moreover, might not the Irish cavalry in night pass the Shannon at Killaloo six miles above Lymerick, p. 766. or farther off ; and surprize the enemy's bridge at the above said forde ; and so cutt off the communication between the two camps of General Ginckle ? In which case the hostil camp on Lymerick side lay at the discretion of the Irish. All these enterprizes were compassable enough. At least an attempt made by the Irish cavalry to pass the Shanon, would oblige the English horse to repass it for to cover their infaDtry on the other side, and to secure their provisions, that were brought to them that way. Hut alass ! by this tyme zeal was languishing iu the Irish patriots. The year before the Earl of Lucan attempted and at- chieved a noble feat, of which we spoake above. So in the first siege of Lymerick, the chief commanders of the garrison behaved themselves with a deal of bravery and thereby drove the proud foe from their walls. In the beginning of this present siege, one <>f the Irish Briga- diers, a very experienced officer of forraign education, named Patrick Plunkett, wouh I show himself for the good of his country, and engage p. 767. by snatching at an opportunity with 1,000 firelocks and 500 horse, to bring into the town the grand battery of the besiegers, that was then on the South side : by which the sier tD0 ' at first raysed against the ford: and was not — ' dismountable, by reason of its lowness. And lastly, if Ginckle's men should enter the gate, what was the sequel thereof? They were immediately impounded. For in the space of a few howers the besieged could have cast up a retrenchement on the right of the ingressors from the King's castle across High Street : and on the left from the churchyard, athwart the same street. The walls of the bowses tho' demolished by the enemy's canon, was barricade enough in their front : so that this was a worse pinfold, than that of the last summer erected before the breach the Prince of Orange had made : out of which his men were driven to p. 774. the rayseing of the siege. Which is generally the fortune of attacking forces, when they can not spread after coming within the wail. W e have read, and we see in these dayes, that a moderat resolut garrison by the healp of barricades within the town hath faced a great army to rayse the beleagur after entering the breach; tho' tis not common. " 77. As to that reason of surrendering the town, because the garrison lost communication with their cavalry, it is of noe moment. For the garrison of Lymerick the last year, when besieged by the Prince of Orange, was deprived of the horse ; and yett preserved the citty. Neither is it at all required or practised in the defence of fortresses to have horse unless a few, and this in some certain towns. The Iri=h horse being separated from the place, might have more contributed to ravsethe siege, provided, in that separation, that they entered into the province of Leinster. For in that case the hostil cavalry would be obliged to p. 775. follow them, as I said before: and their infantry could not in safety stay behind, as it appeares to the considerer of the strength of the garrison. These are the two onely reasons, which were given to the publick for surrendering Lymerick : and which are proved null. For of provisions and ammunition they had plenty. Moreover, they dayly expected a fleet out of France with all necessaryes for man and horse even to the next cantpagne. And de facto it arrived at the mouth of the Shanou within sixteen dayes after the town was delivered to the besiegers. Which showes, that the Most Christian King was altogether for preserving Lymerick ; and that he doubted not of its baffling the enemy as it did in the year antecedent. This sending of such consider- able stores doth also indicat, that his Majesty was for continueing the warr of Ireland ; and that for this end he would send a reinforcement to the Irish army in spring following : the which the Duke of Tyrconnel had requested, a litle before his death, even for the present season, if p> 7/6, possible; but could not obtain it for that juncture. The monarch of France had powerful motives for keeping on foot the Irish warr. For thereby he could sooner dissolve the hostil Confederacy abroade, as retaineiug the power of England (on which the League much depended) here in Ireland employed : and in sequel thereof that Prince would be able to restore sooner the banished King of England, according to the resolution he had most generously made. 'Tis for these reasons, that the King of France conceaved afterwards great indignation at the surrender of Lymerick ; because it frustrated his mighty expectations: and was hardly disswaded from punishing severely Monsieur la Tour, the Governor : and the two French Lieutenant-Generals for that rendition. " 78. Behould then how tenable Lymerick was against the besiegeing army. What was it, therefore, which moved the chief commanders of the town to give up the place, and to bring the Irish-Catholick nation under HISTORICAL MANUSCRIPTS COMMISSION. 169 the heavy yoake of an usurped government ? We answer first, that it was BISS. op not any solid reason or necessity, which induced them to this sub- ™vi^qS!l, mission ; tho' they had their concealed reasons for doeing it, besides — their pretended ones, which they published. Hence proceeds our second p- 777. answer, that it must be a setled resolution (which they had made) that influenced them to determin the warr. When this resolution was formed, it is not made known unto us : but we believe, that it was don since the death of the Duke of Tyrconnel, I have receaved an account from one of the Collonels, who were with Brigadier Clifford in that night, when the English passed the Shanon a mile above the town, that he had heard a discourse some dayes before that passage, of surren- dering Lymerick. This being so, we may sett the quaere, whether the investing of Lymerick on Toumond side, had not been a concerted plott of som persons in the Irish army with General de Ginckle, in p. 778. order to give a pretence to the party on the Irish side, for the giveing up of the place? The affirmative is more apparent. For General de Ginckle was knoweing in his station : and therefore lie understood at the beginning of the seige, which was the best way of takeing speedily the town at a season, that allmost was at an end. As intelligent as he was ; and as late as was the season ; yet he used not this medium of beguirting Lymerick on the county of Clare's side, fill the 22 of September, after lyeing before the wall about a month ; and after makeing a breach in one part thereof ; and, in fin, after not dareing to mount it. That General knew also perfectly well, that he had not army enough to surround the town effectually against so numerous a garrison ; which was as much in number, as his infantry, besides some horse and voluntiers. He could not but be perswaded that he must make a breach p. 779. in the wall on the other side of the town : that he must enter it before he could take the place: that still the same danger remained, as there was in ascending the breach on the north wall, from which he thought fitt to abstain : and lastly, that if he should venture an attack, there was a strong probability, that he would be repulsed, seeing a more powerful army in the summer before was frustrated by a weaker garrison. What is it then, that induced General de Ginckle against reason and experience to divide his host after a month's beleagur. and with part of it to traject the Shanon, and invest Lymerick on Toumond- side ? 'Twas not the potency of his troops, as all skillful persons will admitt. For first his whole army (not above 20 thousand, as I touched before) could not pass the aforesaid forde, if Clifford had duly executed his trust with his four regiments of dragoons, some companyes of foot, and a small battery of canon with a retrenchment made at the place p. 780. of trajection. And, secondly, could so experienced a General, after passing the ford, expect to carry the very town extraordinarily well garrisoned with the trajected moyety of his army by a breach, to which there was noe access, but by a very narrow bridge, tho' kept entire ; and which might be easily barricacloed, without-side of the gate, with a hundred materials that were in the tr>wn ; tho' noe retrenchment should be made within ? But surely Ginckle could not dreame to freighten with his flyeing camp that puissant garrison to a rendition by his bare appeareing before Toumond-gate without a stroake, without a shott, without a breach in the wall? That garrison, I say, who dared his whole army but a few dayes before ? On the other hand could it be imagined that such a garrison, a mastering garrison, would P- 781 « surrender without a blow to the moyety of their late baffled enemyes ? If this were don within the jurisdiction of France, I question if one of the commanding officers would escape punishment : at least the 170 HISTORICAL MANUSCRIPTS COMMISSION. mss. of Governor would pay for it. It is comical to hear the great commanders T]I ri.\GALL.° F °f Lymeriek blame Clifford for not defending the pass of the river : and yett they themselves with as much ease do yeald the fortress : as if, forsooth, the preservation of the town depended on the defence of that forde. Yett the same forde was open to the Prince of Orange the last year : and neither he, nor General Ginckle, nor the other Generals found any benefitt thereby. They were at that tyme att loggerheads. But, since, they have found out, that appeareing before Toumond-gate with six or seaven thousand men, will oblige an immediate surrender, p. 782. What would not the Prince of Orange have given for this knack in the campagne precedent, especially after he was repulsed at the mounting of the breach he had made? What likewise would not General Ireton have bestowed for such a point of skill, when he besieged the same town in the year 1650 ? " 79. Out of the premisses we may gather, that Ginckles traversing Clifford's forde, and beguirting the town on Toumond-side was don permissu superiorum, in order that those superiors within the citty might have a pretext for delivering that fortress and thereby for con- cludeing the unhappy warr. What end they had by that conclusion, I dare not be positive in my opinion. The matter of fact affords a suspicion, that some persons concerned in this affayr, had the obtention of gould for their end. There is an opinion that a few of these gr^at officers were for a peace, because they were tyred out in houldinjj warr p. 783. in Ireland after a slavish manner: and for that reason they would fain remove it into a forraign country against the Prince of Orange and his allyes ; where being in conjunction with the French forces, and en- couraged by the pay and other comforts of his Most Christian Majesty, they might better serve their own King in contributing to his speedy restoration. If this consideration had been delivered to the Irish army, before the capitulation was concluded, it is probable it would draw the whole host into France; because it savoures of honour, and of love to the King. This project would prove effectual, if afier landing in France, the army with a moderat reinforcement, of French under the conduct of a Mareshal, were transported into England. It is true : the Most Christian King try'd this very point in the summer immediately followeing, when the invadeing army of Irish, English; and French p. 784. was encamped on the coaste of Havre de Grace in preparation to be transported, as soon as the sea was made clear by Admiral Turvil, 1 and by the promised assistance of Mr. Carter, the English Rear- Admiral : But the enterprize miscarryed by Carter's treachery, as we shall see beneath. The further end of this peace, was repose, which several officers and some part of the souldiery coveted : because they were w^ary of that warr, wherein they had suffered so much thro' want of provisions and money. Which is so certain, that it is to be admired, how subjects would willingly endure such misery for their Prince. However a great many officers and the much major part of the souldiery were against the determination of the warr, because they had an aversion to becom subjects to a Protestant usurpation, as knoweing the non-such calamity thereof. And truly they had the best reason on their side, as you may p. 785. observe in the precedent chapters of this our history. The Irish gentil- men, who, upon the peace of Lymeriek, have remained in their country under the usurped regency, have learned this truth ever since to their 1 Tourville. HISTORICAL MANUSCRIPTS COMMISSION. 171 woe. It is likely, that many of them would have transported them- MSS. of selves into France, with the rest of their brethren, at the surrender of t ™ I hgaju,! that citty, if they had been perfectly sensible of it at the forming of the . — Articles of pacification. " 80. But that, which caused very much the generality of the Irish army to yeald to a treaty of surrender and peace, was as followeth. The Irish nobility and the lesser people then at Lymerick, were a multitude of levellers ; there being not any one in the nature of a direct- ing and swayeing head to effect, since Tyrconnel's decease ; tho' som men there were by their stations, as governors of the rest. To speake it in clearer terms : there wanted a pater patriae, a father of the country : that is, a man all on fire with zeal to preserve his country, his religion, his liberty, and his King's prerogative : and at the same tyme, a man commissioned with the highest power, and of an authority amongst all or at least amongst the major part, uncontroulable s and who understands both his own and all the enemy's present condition and p. 786. future. Such a person as this in all parts there was none there at that tyme. Som patriots there were zealous enough : but they either wanted sufficient quality, or jurisdiction, or a knowledge of what was best to he don, either to continue warr, or make a peace. In which state that abridgement of the Irish nation inclosed within the walls of that citty, seemed to be a flock without a shepheard : and therefore 'tis not to be admired, if they went astray in makeing the best choyce. The want of this person so described proved the principle cause, that the Irish army consented to putt a period to the warr. If the Duke of Tyrconnel were then alive (I utter it with certainety) he would not hearken to any offer of a surrender : because he expected to retrieve p. 787. the country by spinning out the warr. He grounded his expectation upon the courage of the army made evident unto him by the battle of Aughrim ; and upon the reinforcement, he was to receave out of France in the followeing spring. It is true there was within Lymerick at that tyme som persons, who were superior to the rest by their posts : as was the Sieur la Tour, Governor of the garrison : and the Sieur L>'Usson, and the Chevalier de Tesse, Lieutenants-General, and Com- manders-in-chief of the army. But these were strangers, and were ignorant of the oppression the Irish lay under from a Protestant government : and therefore from them not any remarkable zeal was expected for houlding out the town. And tho' fear of their own King might have obliged them to defend obstinately the town : yett, being at that distance, they could satisfy his Most Christian Majesty with som plausible reasons, which would be of noe value to a man thoroughly knoweing in the condition of Lymerick. There was also three Lords p, 788. Justices or regents of the Irish nation, which had the power of deter- mining whether warr should be continued or a peace be made, viz. Chancellor Fitton, Sir Richard Nagle, and Mr. Plowden : of all which I SDoake above. These honourable persons had loyalty enough ; and zeal for the welfare of the Catholick people. But whether they had skill enough to overrule the remonstrances for a surrender, which the great officers of the army made, is the question. At least they appeared not to have authority enough for commanding what was best to be don in that declension of the Irish affayrs. Wherefore in those circum- stances, a conclusion of warr must be embraced. And now that it must be so : Lett us see, what advantagious conditions, will the leadeing men of the Irish make for themselve j «.nd for the nation in general. HISTORICAL MANUSCRIPTS COMMISSION. MSS. or XII. XlfE E.VRL OF FlXGALU [The Treaty of Limerick, A.D. 1691.] " 81. You will say : why should this town presume to make conditions p. 789. farther, than for the inhabitants thereof, according to the custom of besieged garrisons ? We answer : this town is not to be compared, as to a treaty of surrender, with other towns, which have noe other dependencyes than the happiness of their particular dwellers. The epitome of the Catholick people of Ireland, is within this citty ; within the body of horse belonging to the garrison; within some towns and villages of the countyes of Lymerick, Clare, Kerry, Cork, Maio, and Sligo : all which lye under the protection and government of Lymerick. 'Tis therefore that Lymerick must make provisoes for the nation in general. She is encouraged thereunto by the knowledge of her own strength : which is so great, that she can force the enemy to rayse his siege. By which the warr is prolongued, at least to the end of the next campagne. At the beginning thereof, the Confederat Princes will be compelled, without dispute, to strike a peace with France, as not being able to hould out any longer thro' the want of England's army and money ; which must be imployed in the Irish warr. Hence immediately p. 790. follows the dethronement of Orange, and the restoration of the King. General Ginckle understood very well this affayr by his granting better conditions to the garrison of Lymerick than are given to any besieged town whatsoever : tho' he gave not so good, as might have been extorted from him. Which was occasioned by the too easy complyance of the Irish Commissioners, who were appointed to treate with him. " 82. The conditions which the Irish should have resolved to obtain, were three principally : a free exercise of their religion : the temporal liberty of subjects, and their propertyes. These three points they might have gained in their circumstances, without being judged too presumptuous upon an usurped government, under which they were to abase themselves. As to the first point : that they may serve God in chappells and houses, as they did in the reign of King Charles the Second, a Protestant Prince : that their bishops and pre'ats secular and p. 791. regular may use their power over their respective flocks : that this state may be continued for eaver without molestation from King or Parlia- ment either in England or Ireland. The concession of this article is easy to Protestants. For it takes nothing from them, which they had before the reign of James the Second. They keep still their lands, their tyths, their benefices, and their churches. " 83. For the second : that the Catholicks may be equally under pro- tection of the law with their fellow-subjects, the Protestants : that they may not be taxed by Parliaments, but as Protestants are : that the nobility and gentry thro'out the kingdom may carry arms, and use horses without restriction ; and not to be prohibited by any law or order, while they behave themselves peaceably. Neither is this condition to be deemed hard upon the Protestant Government. For it deprives not Protestants of any imployment civil or military : nor endangers the p 792> state ; because the number of Catholick lords and gentilmen is in- significant, as to power, against the Protestant Government, which is in possession of all the kingdom and its forts : and is guarded by a considerable army, and by the assistance of England and Scotland. It is insignificant, I say, seeing the whole Catholick nation of Ireland HISTORICAL MANUSCRIPTS COMMISSION. 173 being siezed of all the realm (except Londonderry and Eniskillin) with ^J*!?^ 01, some assistance from France did not defend their country against the TH fi>gall! combined strength of Protestants. — " 84. As to the third point : that all Catholicks whatsoever, who were possessed of estates, or of any rights in the reign of King Charles the Second, may be restored immediately without cost, whether those Catholicks, at the tyme of the capitulation, were within the Irish quarters, or in any other part of the kingdom, or in forraign countryes. Nor is this article of any difficulty to be granted. For not any Pro- testant is a looser thereby of any thing, which he enjoyed in a year p. 793. precedent. And all these Catholicks together are but very few estated men in respect of the Protestants of Ireland. For of eight thousand Catholick heyrs, who claymed to lands of inheritance at the restoration of Charles the Second, there was not above five hundred restored, as we have mentioned before. " 85. These three principal articles the Irish Commissioners obtained in part : so that their faylure was in not getting them entirely, as they might have don, if they had a befitting resolution. Yea, considering the necessity the Prince of Orange was in of an army at that juncture, for to assist his Confederats against France, and thro' that assistance for to support his crown, the Irish at Lymerick might have gotten much more beneficial conditions. But alass ! misfortune accompanyed them in carryeing on the warr : and misfortune sticks to them in the p. 794. conclusion. " 86. And now it is tyme, that we reassume the treaty proposed about the rendition of this considerable citty. The [hjostages being exchanged: the Irish government sent their proposals to General Ginckle on the 27th of Sepcember [1691]. One of them, as I was informed, was, that those Catholic gentilmen, who remained at home within the province of Leinster, and elsewhere, after the fight of the Boyn, as not being concerned in the army, and whose estates the Prince of Orange had seized upon, should be restored to the said estates. But General de Ginckle would not grant that article, as also some others then offered unto him. Upon which Irish Commissioners being appointed to treate face to face, went, out of the town accompanyed by som other persons of note to General de Ginckle' s quarters on the 28th. The Commissioners were, the Earl of Lucan, the Lord of Galmoy, p. 795. Collonel Nicholas Purcel, Collonel Nicholas Cusack, Sir Toby Butler, Collonel Garret Dillon, and Collonel John Brown. These Commis- sioners being arrived, General Ginckle sent immediately for his general officers, for to be his co-assistants in manageing the treaty. All being mett, they entered upon the business : wherein they had many a long and vehement debate. At last they came to an agreement allmost compleate in that same day the 28th of September. The few diffi- cultyes, which remained to be settled, were putt off, till the regents 1 of Ireland for the Prince of Orange should arrive in the camp : who were sent for to signe the treaty along with General Ginckle, as the Irish Commissioners exacted. " 87. On the 1st of October in the evening, the said regents or Lords Justices, Sir Charles Porter, and Mr. Thomas Coningsby arrived. On the next day the Irish Commissioners went abroade to treate with the regents, and General de Ginckle: and haveing stayed with them till p. 796. 12 at night, they absolutely concluded the treaty, which was signed 1 See ante, under page 636 of the MS. 174 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of and exchanged on the 3d of October 1691. In consequence of wh-ch, ™itoaSL° F tne Insh delivered on the same day unto the English, their outward — works, their stone-fort, and St. John's Gate, in that moyety of the oitty called the Irish town. The English town was reserved for the Irish army, untill they were ready to march to the citty of Cork, for to be transported into France. " 88. The articles of agreement for the surrendering of Lymerick, and the countyes of Lymerick, Clare, Kerry, Cork, Maio, and Sligo unto the subjection of the Prince of Orange, and of the Princess his con- sort, are divided into two parts. The first part is concerning the Irish who do remain in the kingdom. The second is concerning the Irish army, that is to goe into France, The first part contains thirteen articles, which are these in short : p. 797. J. The Roman Catholicks of this kingdom shall enjoy such privileges in the exercise of their religion, as are consistent with the lawes of Ireland ; or as they did enjoy in the reign of King Charles the Second. And their Majestyes (meaneing the Prince and Princess of Orange, as King and Queen of England) as soon as their affayrs will pennitt them to summon a Parliament in this kingdom, will endeavour to procure the said Roman Catholicks such further security in that particular, as may preserve them from any disturbance upon the account of their said religion. This article in seaven years after, viz. in the year 1698, was broake by a Parliament in Ireland summoned by the Prince of Orange. For instead of strengthening it, according to the purport of that article, the said Parliament made a law for banishing in perpetuum the Catho- lick bishops, dignitaryes, and regular clergy, which was executed. The Parliament grounded their law upon their own interpretation of this first article without the consent of the Irish Catholicks, which in equity p« 798. they could not do. For a party is neaver admitted judge, even among pagans, of the other party's right. And whenever a doubt ariseth upon any article of a treaty of peace ; the selling of that doubt, is usually left either to the mediator, or to commissioners appointed from both partyes. The Parliament flattered their tyrannical inclination by this, that in the dayes of King Charles the Second, the prelats and regular clergy were persecuted now and then for a year or two, more or less, upon some whimsy the government of England or Ireland con- ceaved, as in the tyme of that perjured knave, Tirus Oates ; or in the like juncture. But this case does not favour the breach of the first article of Lymerick's treaty. For the persecution of the Catholick bishops and regular clergy, in the reign of Charles the Second, lasted but for a short while. But this banishment, tho' imposed by the Par- liament without colour, is perpetual. Secondly : the Parliament seems ignorant in the nature of a peace. For a peace is in perpetuity : and p. 799. not left arbitrary to either party to breake it or keep it. And of the same duration is every article therein reciprocally granted. For other- wise there would be noe peace be eaver made in the world : because one party would not leave his obtained doom to the discretion of the other, for the takeing it away or not, when that other should think fitt, and be able. Whence it followeth, that both sides would continue their animosityes to extremity, or so farr, until they could gett an assurance from one and other, of liveing lastingly in mutual friendship ; unless som just and unforeseen cause should afterwards rise for the disturbing of the peace. " 89. Now to apply this to the first article of Lymerick's pacification: we say, that the concession which the Irish Catholicks obtained in that article HISTORICAL MANUSCRIPTS COMMISSION. 175 from the Prince of Orange, was, to enjoy perpetually the exercise of their mss. of religion, as they enjoyed it in the reign of Charles the Second. The TH fingall. C indubitable meaneing of which is this: The Irish Catholicks shall be permitted to exercise for eaver without disturbance their religion in chappells and hovvses, without the splendor of churches, according as they P- 800 - exercised it in the dayes of King Charles the Second. This interpretation is essentially so genuin, that the words, 'as they did enjoy in the reign of King Charles the Second,' cannot possibly, according to the nature of a peace, be referred to tyme or duration, because the duration of the exercise of their religion was interrupted now and then in the above said reign, and because the duration of a peace is perpetual, as this of Lymerick is. You will understand it better by this discourse. We Irish Catholicks do putt ourselves under the subjection of the Protestant Governments of England and Ireland, on condition that the said Governments will suffer us to exercise our religion in what manner, and as long, as those Governments shall think fitt. Here I ask of auy unbyassed person, whether such an intent ever sprung in the brains of the Irish Com- missioners, all Roman Catholicks, and perfectly knoweing that those, with whom they dealed in this point, were professed enemyes to their p. 801. religion ; and do snatch by custom at every occasion to suppress the same, as they have practised from the reign of Henry the Eighth unto this day ? Sure, both partyes are equally bound to perpetuity. If the Prince of Orange will have the subjection of the Irish perpetual, the Irish must have the exercise of their religion perpetual after the exterior manner they used in Charles the Second's dayes. Wherefore we'll goe to the second article. " 90. The second is : that all persons within Lymerick, and in the countyes of Lymerick, Clare, Kerry, Cork, Sligo, and Maio, shall be restored to what estates and rights they enjoyed in the reign of King Charles the Second : and all persons within the said Lymerick and countyes, who profess any calleing, as that of a lawyer, physitian, atturney, and the like, shall be permitted to exercise freely those pro- fessions. Out of this article are excluded all estated men, and professors p. 802. of the above said sciences and arts, who were either prisoners of warr, or who otherwise were not within the said countyes and garrison of Lymerick at the tyme of this capitulation, tho' these last had borne noe employment civil or military for King James the Second. It was here that the greatest weakness of the Irish Commissioners lay, by not con- straineiug General de Ginckle to grant so easy a point, as I shewed above. But I would fain understand, by what authority does the Prince of ( >range (tho' he were lawfull King of England) challenge a right of takeing to himself the lands of those gentilmen, who had not carryed arms against him, nor sate in council against his interest ? If the riseing of the Irish for King James the Second be reputed a rebellion to the Prince of Orange, as created King of England by the English people, it follows thence, that this new-made King, when victorious, cannot punish any subjects, but such as he finds rebells. This is a general prineiple of justice embraced by all Christian nations. But P- 803 « * several Irish gentilmen amongst those, who were not within the above mentioned citty and countyes at the tyme of makeing the peace of Lymerick, were noe rebells, as being neither in army, nor in council against King William. It is therefore they cannot justly be punished by the said King, either in their lives or in their fortunes. The minor, or the assumption, is uncontroulable. For those persons were really such as I have described them ; and even by the confession of the adversaryes. The consequence then is inevitable. 176 HISTORICAL MANUSCRIPTS COMMISSION. th?Iaki. F of As to those gentilmen, who gott such civil imployments as are Fingall. Collectors, Justices of the Peace, and the like, from their lawful King, in the beginning of his reign, and held the same, untill their King was ojected out of Ireland by another King, whom the people of England had raysed, I start the question, whether the said gentilmen can be p. 804. justly deprived of their inheritances, which they have from birth, by any authority, that is righteously inherent in monarchy ? If they be reputed rebells ; they must first, according to law, be arraigned, and wilh the formalityes of the said law be convicted of rebellion. In which case, their lives are first taken away, and in sequel their estates ; unless they were onely tenants for life. But nothing of this is observed in excluding the said gentilmen from their birth-rights. " 92. And, now that I speake of rebellion, 1 sett again the quasre, how can the Irish at all be truly deemed rebells to the Prince of Orange by riseing for King James the Second against the said Prince created King by the people of England ? Was not James the Second acknow- ledged the lawful King by the three kingdoms, and as sucli did he not reigne four years r What should then oblige the people of Ireland to disown him their lawful Soveraign for the rest of his life ? They had noe grounds of quarrell with his Majesty ; and tho' they should have been oppressed by him : yett they did not think it just to vindicat their wrongs by his dethronement, as they observed in their comportment towards Charles the Second, who had injured them in the highest degree. Neither did the Irish see the people of England so tyrannized by the King, as to have any solid cause of dethroneing him : of which above. And of the same sentiment was all Europe, unless we may except the States of Holland ; who perhaps will not discountenance subjects of other Princes to rebell, seeing they had made themselves a Republick by rebellion against the Crown of Spain : and who have de facto assisted the subjects of England to rise against their King by giveing a fleet and troops to the Prince of Orange for that effect. Wherefore, why should the Catholieks of Ireland turn savages by de- stroying their lawful King without ryme or reason ? That is a behaviour more suitable to hereticks ; who in likely hood would become a sort of pagans or Atheists in a few ages, if it were not, that Catholieks, or the true believers, do dayly advertize them of their errours in worshipping God. " 93. But you'll say : that England, the principal kingdom of the monarchy, ought to be followed by Ireland in owneing or disowning the Kings of that monarchy. We answer thus : that the behaviour herein of the people of England is noe rule to Ireland, a distinct realm, a different nation, as haveing a Viceroy for Governor sent by the King as King of Ireland : also as haveing discrepant lawes : as haveing a Parliament of her own : so Judges and magistrate. Ireland hath neaver acknowledged her King to be chosen by the people ; but to succeed by birth : nor her King to be deposable by the people upon any cause of p. 807. quarrell. She knowes more righceous things : and scornes to make heretical England her pattern in the point of righteousness. When the lawful King of England dyes ; Ireland acknowledges immediately the person next in blood, be he Catholick or Protestant, to be the King of England and hers, whether the people of England consent to it or not ; as she did when King Charles the First was dead : whose eldest son Charles the Second she owned as her true Soveraign, and signed that acknowledgement in characters of blood, tho' at the same tyme England rejected him : until being weary of her rebellion, she receaved him at p. 805. p. 806. HISTORICAL MANUSCRIPTS COMMISSION. 177 last as her undoubted King. Therefore bring no more England as a TH ^^^ ( prototype of behaviour towards the Crown unto Ireland. It is Fingah. ridiculous in grain. For the people of England, since their fall into heresy, is a nation prone to rebellion thro' the depravedness of religion : And they have de facto deposed three Kings in direct succession. Charles p. 808. the First, Charles the Second, and James the Second ; while the people of Ireland have fought against those rebells in asserting the rights of those same Princes. England is a nation without conscience or fear of God, as we proved it above in their demeanour towards their lawful Soveraigns and their fellow. subjects, since their unhappy desertion from Rome : while the Irish Catholicks have showed themselves honest men in giveing every one his due : to Caesar, what is Caesar's ; to God, what is God's : to fellow- subjects, what is theirs, by not invadeing their lands or their goods : and, lastly, in suffering to extremity, because they would not turn knaves with the knaves of England against the Lord's annoynted, and the good subjects, which if they had don, they would have kept their estates unto this day, as the other villians of the monarchy did. Moreover, you are to know, that England, separated from the lawful King, has no more right in Ireland, than has France or Spain ; or hath Ireland in England. So that each nation of the three, p. 809. viz., English, Scotch, and Irish, is independent of the other two : but all are depending on the King. Hence it is, that, if the blood royal be extinct, every one of the three nations may choose a distinct govern- ment. These independencyes are sufficiently proved in books, that are obvious. Which spares me labour in this place. Wherefore, what authority the people of England challenges or exercises over Ireland is meer usurpation : and is don in a strong hand. If the Irish had been as wise as couragious, they might have often made England pay for her arrogancy : and they are able to do it yett by a fayr tryal in the field, where neither ignorance in Generals, nor treachery in officers of great trust, have any admittance. There is noe difficulty in believeing this if you consider their bravery abroade. It is the same at home, when they are lead regularly to the combat. il 94. But, to return to the second article of Lymerick's capitulation : out of it are also excluded the very infant heyrs of those fathers, who had served the King against Orange, and dyed in his service before the p. 810. said capitulation ; or who, being alive, were not within the afore- mentioned countyes at the tyme of makeing those articles ; provided that the said fathers had not been tenants for life of their estates. Thus the innocent children must starve for want of bread, tho' they be the issue of Lords of lands. Thus they must be punished, because their fathers were honest men, and sticklers to their lawful Prince. Behould a sweet government sett up by the godly people of England ! Behould a religion amazeingly reformed ! " 95. The third article gives the benefitt of the second to all Irish merchants of Lyinerick, and of the other garrisons now in possession of the Irish, and of any other town or place in the countyes of Clare or Kerry, that are absent beyond the seas ; provided that they have nott boren arms against the Prince of Orange since February, 1688, ould stile, that is, 1689, stylo novo : and provided that they return into p. 811. Ireland within eight months from the date hereof. " 96. The fourth article allowes the advantage of the second to par- ticular persons abroade in France, as are Collonel Simon Lutterel ; Captain Rowland White ; Mr. Maurice Eustace, of Yeomanstown ; i 84068. M 178 HISTORICAL MANUSCRIPTS COMMISSION. theIeajil or all( * Chievers, Lord of Mount Leinster ; provided they com back to their Fixgall. country within the space of eight months. " 97. The fifth grants to those persons comprized in the second and third article a pardon of all attainders, outlawryes, treasons, misprisions of treason, prasmunires, felonyes, trespasses, and other crimes and mis- demeanours whatsoever, which have been committed by them since the beginning of the reigne of King James the Second. "98. The sixth article settles the kingdom by prohibitting law-suites, p. 812. and such animosityes, between privat persons on King James's side comprehended in this capitulation ; and others, who were for the Prince of Orange, upon the account of takeing away from one and other, horses, money, or other goods in the time of the warr. " 99. The seventh permittes all noblemen, and gentilmen within the second and third articles to make use of a sword, of a case of pistols, and of a fugil. This article was broake in the summer followeing. For they disarmed surprizingly all the Catholicks of the kingdom, when they heard that the King came to the coasts of .Normandy, in order to be transported into England with an army : of which beneath. A Parlia- ment, sitting in Dublin in autumn followeing, made an act that noe Catholick, included in the Treaty of Lymerick, shall henceforward carry a sword, or fire arms, unless he be worth a hundred pounds per annum: and that such a qualifyed man must have special leave in p. 813. writeing from the Government for beareing those arms. Since that tyme but few gentilmen have woren a sword. And those few have been often disarmed in a most rude manner, as if they had ported arms without license, whensoever the Government of England dreamed, or pretended any danger from the King of France : whereas those Irish gentilmen did expect, upon any solid occasion, to loose their arms by proclamation commanding them to deliver them up to such and such ministers of justice, since they had carryed them with the good permission of the regency. " 100. The eighth article gives leave to the inhabitants and residents of Lymerick, and other garrisons of its dependence, to remove their goods from thence without being viewed or searched. " 101. The ninth obliges the Catholicks contained in this treaty, to make noe other oath to the Government of England than that of p. 814. allegiance. This article hath been broaken since, both in intent and in fact. For two Parliaments in Ireland have strained to pass an act, that the Irish Catholicks, even those comprehended in the articles of Lymerick, as well as Protestants, shall be bounden to take an oath against their religion, it being against the Pope's spiritual power ; and this under the highest penaltyes. But a party in those Parliaments was prevayled upon not to suffer that law to be made afterwards, and in this year, 1703, the Parliament of England in the regency of the Princess Anne of Denmark, or otherwise Queen Anne, have made an act, obligeing, upon severe punishment, all persons in England and Ireland, beareing imploymenrs civil and military, and useing professions of gaineing a livelyhood, as those of lawyers, atturneys, schoolmasters, preachers, solicitors, and others the like, to take the oath of abjuration : whereby p. 815. they sweare, that James the Third, King of England, now residing at St. Germains in France, hath not any title whatsoever to the Crown of Great Brittain. Out of this oath are not exempted the Irish Catholick lawyers, atturneys, sollicitors and other professors of HISTORICAL MANUSCRIPTS COMMISSION. 179 calleings, who are comprized within the treaty of Lymerick. Which TH ^ j^ R ^ f ' or oath if they refuse, they are ipso facto debarred from exerciseing their Fingall. arts and sciences. You see here there is noe depending on the solemn faith of our Brittish hereticks ; tho' publick faith is the greatest tye that is made between man and man, between nation and nation. It is sacred amongst pagans, and, if any side infringe it, the rest lookes upon them to be not human. What can mankind do without the observation thereof ? There can be noe commerce : noe peace : and all things must fall into a chaos. The Government of England will have the Irish to observe their part of the mutual obligation : and yett the said Government will not fulfill their own ; which is against p. 816. natural equity. For all compacts of this kind are reciprocally binding by the law of nature. Which law cannot be overruled by human statuts ; as it is known to every man, who understands exchangeing, buyeing and selling : and therefore I may spare my labour in exspatiating thro' a field of discourses, for the proveing the villany of the breach of publick faith : onely I will putt these perfidious people in mind of the punishment God inflicted on Israel for three years, aud particularly on the family of Saul, in the 21 chapter and second book of Kings, for breakeing faith with the Gabaonits. " 102. There are four articles more of civil capitulation: which we will not here insert, leaving the perusal of them to the reader in a book containeing at large the Treaty of Lymerick. The military articles, for p. 817* the transportation of the Irish army into France, are excellently well don : whereby all persons whatsoever throu'out the kingdom, as well the Irish army as others may, goe into France, or into any other forraign country. But the army shall not carry above nine hundred horses out of the realm. The garrison of Lymerick is to march out with arms, baggage, drums beating, match lighted at both ends, bullet in mouth, colours flyeing, six choice- brass guns, two mortar-pieces, and with half the ammunition of the town. The other Irish garrisons of the above- mentioned countyes are to march out also with the like honours. For the transportation of the Irish forces into France, General de Ginckle is to furnish fifty ships, each ship of two hundred tuns : and twenty more, if need requires, with two men of warr. You may see the rest at p. 8lSv large in 19 articles. " 103. The next day, being the 4th of October, the peace was proclaymed at Lymerick, and in the English camp. On the 5th, the Irish cavalry, that was encamped at Ennis, came close to the citty : the foot garrison thereof, for the most part, went out, and joyned them. Here, before the Irish army, it was declared that they had liberty to dispose of themselves as they should think fitt ; either to goe home and live peaceably in the kingdom : or to continue their service unto King James in France under the banners of the Most Christian King : or, in fin, to com under the pay of King William, as now he must be called by his own subjects the Irish. The invitations made to the Irish souldiers for embracing this side or that side were powerful. But at last the result was thus : all the estated men stayed in the kingdom, in p. 819, order to enjoy their estates : except the Lord of Galmoy, the Earl of Lucan, Collonel Garret Dillon, Sir Maurice Eustace of * Castlemartin, Collonel Gordon Oneil, Collonel Barret, Lieutenant-Collonel Nugent of Dardistown, and Captain Arthur of Hackettstown. There was som other Lords of lands at that tyme prisoners in England, as, the Earl of Tyrone, the Lord Baron of Cahir, the Earl of Clancarty, the Lord Baron of Slane, and a few others : besides what were with the King in M 2 180 HISTORICAL MANUSCRIPTS COMMISSION. iheISakx of France, as > toe -^ ar ^ °f limerick, Collonel Dudley Bagnal of Dunlicknv, Fingall. Collonel Symon Lutterel, and a few others. " 104. Bnt the Earl of Lucan, the Lord of Galmoy, Brigadier Patrick Plunkett, Collonel Garret Dillon, Brigadier Ruth, Collonel Gordon Oneil, Major-General Sheldon, and sow other principal officers, being desireous to follow and serve the King abroade, drew after them about p. 820. twelve thousand of the army. The third division was the lott of King William : who by General Gincklc's means gotl about 5,000 of the Irish host, with som considerable officers, to com under his pay. " 105. Here we must observe, that this behaviour of the Irish gentil- men, who turned to the Prince of Orange is base. For they are foes to their country by sideing with her enemyes. They are slaves in their nature by voluntarily serveing usurpers : they are in som measure rebells to their King by positively engageing themselves in the service of bis dethroner : they betray the cause of their religion, in strengthening the party of hereticks, who actually use their endeavours to extinguish it at home and abroade. These gentilmen have a fall in the path of honour (which is pitty) by embraceing the interest of rebells, after haveing so bravely fought against them for three years. p. 821. " 106. What excuse can they have for this dirty action ? It was not want, which moved them thereunto. For som of them were to regain, by the Treaty of Lymerick, lands of inheritance and farms. Others were able to take farms for their livelyhood. And if they were to have neither land nor farm, yett, being resolved to continue a military life for maintenance, they should in honour goe with the rest of the army into France and serve their King under the pay of the Gallick monarch. But the matter is this : these gentilmen despayred that ever the King would be restored: and so were sure, that the government of King William was in perpetuum established. Whereupon they judged it fitter in those circumstances to lay aside that nice honour, and to embrace lucre tho' sordid : which they proposed to themselves to have in plenty by setled imployments in their own country, without being obliged to goe to the Confederat warr abroade ; and this, besides enjoyeing their estates and farms. p. 822. " 107. This was the paradise, which these new Williamits expected to have to themselves and to their heyrs. But they found soon, to their sorrow, that all was a dream. For their new master thought it not safe to trust his new servants : and so he sent orders out of England into Ireland, in January followeing, to disband all the Catholick forces, except 1,400 choice men of them : which were to be divided into two battalions, and to be given to Baldarg O'Donnell, and Collonel Wilson. In a litle while after, a second order was sent to break all Irish Catholick s whatsoever. A third order was sent, in March followeing, to rayse five companyes of Catholicks, a hundred to each company : and to be sent under the Lord of Iveagh to the Emperor's service, which was don. They were shipped off in summer : they landed in Holland : and being com into Germany, the Emperor sent them into Hungary against the Turk. Where all of them (very few excepted) dyed of the plague and other sicknesses, within a year after their arrival. p. 823. " 108. This disappointment of our gentilmen in their expectations hath brought them down between hope and despayr. For in the future, when the rightful King is reinthroned, it will likely not goe well with them: as it will not with such Governors of towns as had easily surrendered HISTORICAL MANUSCRIPTS COMMISSION. 181 them to the enemy : so will it not with those Catholicks, who turned THE I |^ K ° L P Protestants, for to temporize dureing the usurpation : nor with those fingall. others, who have had the common fame of being dishonest in the discharge of their trust, civil or military : nor with those, who villifyed the King's authority in contemning the Viceroy Tyrconnel at Lymerick, and especially at Athlone ; of which above. XIII. [Departure of the Irish Army to France, 1691.] " 109. All things being prepared for an evacuation of the town [Limerick] : the two regents of Ireland for the Prince of Orange, Sir Charles Porter, and Mr. Thomas Coningsby, departed from the English camp on the 7th of October, and returned to Dublin. On the P« 824. next day, the Irish gentilmen and others with their familyes, who had not been concerned in the army, as also those officers and souldiers, who were resolved to stay in Ireland without takeing any part under King William, began to leave the citty of Lymerick towards their respective homes. Likewise on the same day a part of the Catholick host that was to goe for France, marched out of the said citty for the harbour of Cork, where they were to embark. 1 The rest followed by intervalls. The last division of them quitted the town on the 1st of November. In a fortnight after Lymerick was surrendered, the expected French fleet, under Count de Chateau Renault, arrived about the 20th of October at Scattery in the river of Lymerick, being 18 men of warr, four fire-ships, and 20 ships of burden, bringing victuals, ammunition, money, and all other necessaryes of warr. In this fleet was Collonel Symon Lutterel, who had taken great care for its speedy arrival, tho' afterwards the arrival proved too late. " 110. When this fleet arrived, there was at Lymerick, in that moyety ^ 825. thereof which is called the English town, a good body of the Irish souldiers destined for France, who, now, with the assistance of the fleet might retake the other half of the citty, and maintain it all winter, if the had a mind to breake the peace ; and thereby they could renew the warr. For none of their army was shipped off as yett, and the English host was gon into winter quarters. But men of honesty will rather suffer than breake their word, which is a doctrin litle regarded by the Protestants of England and Ireland, as we shall see more beneath. "111. The French fleet being informed of the surrender of Lymerick, returned within a few dayes to France with deep resentment at their unexpected disappointment. There went aboard them a part of the Irish souldiers. The Most Christian King, hearing of this affayr, was in great P- 826. rage, and was like to punish severely those commanders, (as above said) who had the chief hand in giveing up the town, until receaveing some sort of apology for the fact, his Majesty was pleased to smoother his passion. " 112. The Irish troops being arrived at Cork, and the transport fleet made ready, the major part of them embarked 1 and say led away about the beginning of December for Brest in France. Another proportion of them departed on the 22nd of December with the Earl of Lucan and several other officers. They all landed safe. In this voyage went 1 A letter from Sarsfield, Earl of Lucan, to De Ginkel, dated 17th October, 1691, in relation to the embarkation of Irish troops for France, is reproduced on plate xc. of " Facsimiles of National MSS of Ireland," Part IV. -2. London, 1884. 182 HISTOHICAL MANUSCRIPTS COMMISSION. thenar / o- a l° n g Chancellor Fitton, Sir Richard Nagle, and Mr. Plowden, who Finoall. " were the late Lords Justices for the King, as also the Catholick Lord Primat of Ireland, and a few other prelats. 827. u 1 13. After the surrender of Lymerick, the English army marched into winter-quarters on the 13 of October: there being left for Governor of the town, Sir David Collier with five regiments. General Ginckle came to Dublin, where he was receaved and entertained by the regency with abundance of joy and honour. And on the 6th of December followeing he took shipping at Dublin for England. The greatest part of the English army was in the next spring sent into Flanders, for to joyn the Confederate forces against the King of France. And some battalions were transmitted into Savoy under the conduct of the Marquis de Ruvigny, alias, Earl of Galway, in order to reinforce the host of the alleyes in that country. In the ensueing March, and on the 23d day 1692, new stile, King William by proclamation declared the warr of p. 828. Ireland to be at an end. "114. Here we cannot omitt to tell our opinion, that the King of France made a false step in the politicks, by letting the Irish warr to fall : because that warr was the best medium in the world for destroy eing soon the Confederacy abroade by reason that the Confederat Princes could not prolong the forraign warr without the army and money of England, which were imployed in the warr of Ireland. The sequel of which would be the reinthronement of the King. At which juncture the forces of France and England by sea and land conjoyned, would give lawes to the earth. 'Tis this consideration, that hath made some to believe, that it had been better for the Most Christian Monarch to have minded in the first place the restoration of King James the Second, after the Peace of Reswick, than the enthronement of his grandson the Duke of Anjou. For in such case the Emperor would not have dared attempt anything, seing^both sea and land so barricadoed against him, as that there remained noe human possibility unto him to come at the throne of Spain. XIV. [Last Days and Death of James II.] I>. 950. "61. But a most sorrowful subject calls us away from these pondera- tions of military affayrs. For we are come at last to a period of that life, which hath proved a spectacle to Heaven and earth. His Majesty of Great Brittain, James the Second, fell sick 1 at St. Germains in the beginning of September [1701]. For on the second day, new stile, being at mass he found himself so ill, that he was forced to be carryed unto his apartment. On the 4th, the physicians found him in such an evil state of health, as they judged it requisit to putt him to bed. At this the King sent for Father Sanders, for to heare his confession, and to prepare him for death. After His Majesty had confessed, he casted up a little coagulated blood, haveing not strength to vomit as much as was needeful ; so that he was in danger of being choaked : which made him fall into a syncope. But being recovered, he earnestly desired the blessed viaticum, which was allready sent for to the parish church. p, 95]. "62. In the interim the King called for the Prince of Walles, who seeing his Majesty in that sad condition, flung himself into his arms all 1 See "Life of James the Second,'' by J. S. Clarke. London, 1816, vol. ii., p. 592. HISTORICAL MANUSCRIPTS COMMISSION. 183 in teares. The King embraced him tenderly, sayeing, son, I have but TH ^^^ ( four words to say unto you in giveing you my blessing, which I give TH fingall. < with all my heart : be a good Catholick : fear God : obey the Queen — your mother : and adhere allwayes to the King of France. Here the physicians would have the Prince withdraw: but the King interrupted them, sayeing, * Do not take away my son : letfc me bless him once more.' And addressing to His Royal Highness : ' Neaver depart from the Catholic Church : we can neaver loose too much for God.' And some do say that the King added : ' If His holy Providence shall think fitt to sett you upon the throne of your ancestors, govern your people with justice and clemency, and take pitty of your mislead subjects. Remember, Kings are not made for themselves, but for the good of the people. Sett before their eyes in your own actions a pattern of all vertues ; consider p. 952. them as your children ; aym at nothing but their good in correcting them. You are the child of vowes and prayers : behave yourself accordingly. Be allwayes a kind brother to your dear sister, that you may reape the blessings of concord and unity.' At which the Prince was forced to retire. " 63. By this tyme Monsieur Bennet, the parish priest of St. Germains, arrived with the Blessed Sacrament. The King then said : ' See now, O my God, the happy hower is come, which I have so much desired ! Let us goe to God. Sir, I am prepared.' At this he devotedly receaved. A little after, he spoake thus to Monsieur Bennet : 4 1 charge you to tell the King from me, that I desire to be buryed in your church without any ceremony, pomp, or eloges. I am not worthy of them, I will have no other epitaph, than these words onely : Hie jacet Jacobus Secundus.' A rare humility in so great a man ! which gives shame to P« 953. our little fops, who are proud for nothing. "64. Here Father Sanders proposed to the King the receaveing of the Extreme Unction, and his Majesty thereat desired it : which was administered unto him by the Prior Bennet. All this while the Queen remained on her knees in the chamber all drownded in sorrow, and prayeing for the King's recovery : who was much concerned for her Majesty, and endeavoured to comfort her. But at last she was obliged by the physicians to withdraw, both for the King's ease, and for her own. At the end of which the young Princess was introduced, all over- whelmed in tears. To whom the King gave his blessing with a deale of tenderness, sayeing : ( Adieu, my dear child ; fear God and serve Him all the days of your life : respect and obey the Queen your mother, who has been no less than myself, overclouded with calumnyes. But tyme, p 954. the mother of truth, I hope, will at last make her vertue shine as bright as the sun.' " 65. In a little tyme after this, the Archbishop of Athens, being then the Apostolical Nuncio of France, entered the room to visit the King, who shewed great joy at his appearance, and sayd with a firm voyce : * Sir, I am glad to see you, that I may make in your presence the profession of my faith,' which the King strongly performed. And then he added : ' I pray you, assure the Pope of my profound respects. Tell him that I dye a child of the Church ; and if it should please God to give me life, I would serve him and the Church better, then I have don.' * 66. Here we observe a noble zeal in the King for his religion, for the Church, and for the supreme Governor thereof. This is the behaviour of all saints : and saints they cannot be without it. Noe doubt, if his Majesty had lived to be restored, he would have exhibited an uncommon p. 955. 184 HISTORICAL MANUSCRIPTS COMMISSION. ardour in restoring the worship of God to his dominions, from whence it has been banished for an age or two. But the royal infirm is fully possessed of true Christian patience at the shortness of his life ; and so his good intentions will be acceptable unto the All-seeing Deity instead of deeds. " 67. After this preparation for death, the King lived twelve dayes longer. In that while all proper remedy es were apply ed unto him : prayers privat and publick were made for the prolongation of his dayes, because thereupon depended the happiness of suffering nations. The Court of France was in a special concern for his recovery. The King and his brother, the Duke of Orleans, made his Majesty several visitts of charity and tenderness ; so did the Nuncio Apostolick, in the Pope's P* 956 * name, and by his orders. In the progress of his sickness, the Duke of Orleans, Monsieur, visiting his Majesty in an afternoon, and being returned to his pallace at St. Cloud, fell into a fitt of the apoplexy in the beginning of the night and dyed the next day about 9 in the morning, whose death proved very sensible 1 to the languishing King, because the Duke had been his most excellent friend, and most loveing kinsman. " 68. About ten dayes after the first preparation, the King under- standing that he was passt recovery, notwithstanding so many exquisit medicins adhibited ; O how nicely he again prepared for his last scene, for to crown the long tragedy of his life ! What admirable acts of resignation he made to the will of the Allmighty ! What conquests he made of all his passions, when armyes of such thoughts charged his p, 957. royal brest, viz., that he had been Lord and Master of kingdoms and now has not so much of earth, as to repose therein that poor body of his, murdered by adversity : that he behaved himself mild and just to his numerous people in the government of them, as his sincere conscience before the All-seeing God assured him, yett he is wurryed to death by those ungrateful nations : that he had given noe offence to forraign Princes ; yett he could gett noe pitty from them towards his misery, nor respect towards his dignity, unless from that Prince whom Providence had raysed to give him bread : that he had suffered to extremity for the religion of God ; and yett the potentats of that religion have stood idle gazers of his sufferances, without stretching the least relief ; yea, have cherished his rebellious subjects in their wickedness : that he had shewed himself a tender parent to his elder children ; yett they have proved p. 958. leaders in his oppression ; that he must give up his breath in a strange country, leaveing the dear companion of his bed and condition in banishment, and his two young healpless children in the like fortune ; and, in fine, leaveing a world of loyal subjects a-bleeding upon his account. It was at this tyme the King desired the comfort of receaving again the Divine Sacrament, which was granted him. Upon this second reception, he made his acts of forgiveing all enemyes; which at the first he had forgott. His words are these, more or less, as we have receaved them : ' 1 am now goeing to make my exit out of this miserable world : out of a tempestuous sea to a port of eternal rest, as I firmly hope thro' the merritts and passion of my dear Saviour. My integrity hath been oppressed with infinit lyes and calumnyes. I neaver enter- „ 959. tained a thought, which '.was not levelled at the good of my subjects. O sweet Jesus, of thy infinit mercy, forgive the authors of them. I offer up all my sufferings in union with thine. Sweet Jesus, sanctify them to MSS. of the Earl op FllTGAXL. 1 Sad, grievous. HISTOKICAL MANUSCRIPTS COMMISSION. 185 me for the eternal salvation of my poor soul. Forgive, sweet Jesus, my MS J^°J , own bowells, who have risen up against me. Forgive the chief con- T ^ ING ^i, < trivers of my dethroneing. Give them grace to repent of their errours. — Eternally praysed be Thy holy Providence, who by permitting me to be deprived of an earthly, hast given me better means to gain an eternal crown. I thank thee, sweet Jesus, for giveing me the spirit of resigna- tion among so many calamityes.' Here it was that he exhorted his Protestant servants (calleing them by their names) to become Catholicks for their salvation. He particularly sayd thus to the Duke of Perth : l * My Lord, I recommend to you my son : I have given him a good governor.' These heterodox gentilmen were not onely extremely moved to sorrow for the condition of their royal master ; but also were moved P- 960 « to an excellent opinion of the Catholic k religion by the pious behaviour of his Majesty. The Duke of Perth had the happiness to receave the light of faith in a year after. " 69. Within two dayes before the King's death, the Monarch of France made him his last visit. But he first visited the Queen in her chamber : to whom his Majesty declared, that if the King should dye, he would owne the Prince of Walles King of England. Which was an extraordi- nary great comfort unto her Majesty amidst her extreme pangs of grief. And she made her acknowledgements for it in a befitting manner. At this the Prince was called into the room ; to whom the Most Christian King spoake thus : ' Sir, you are goeing to loose the Kinp% your father : but you shall allwayes find one in me : and I'll look upon you as my child.' The Prince casting himself at the King's feet (whom his P- 961 • Majesty took up immediately) answered : ' I shall allwayes, Sir, have for your Majesty the same respect that I have for the King my father. I'll neaver forgett the obligations I have, and I'll neaver fayl all my life, and in every place, to pay you all sorts of acknowledge- ments.' " 70. This visit being over, the King of France went to see the King of England, and coming close to his bed, said : ' I am come to know, how your Majesty does, and to assure you that if God dispose of your Majesty I'll acknowledge and treate the Prince your son as King of England, and I'll have allwayes the same regard or consideration for him, that I have had for you, and desire to see him treated as such by all the world.' The standers-by raysed such a noyse by prayseing the King of France, and by weeping at the same tyme, that it was exceedingly difficult to hear the King answering. However, if we do not sett down exactly all the words, we keep the sense of his answer ; which was thus. P* 962, I am goeing to pay that debt, which must be payed by all Kings, as well as their meanest subjects. I give your Majesty my dyeing thanks for this, and all your kindnesses to me and my afflicted family ; and do not doubt of your continuance. I have allwayes found you equally good and generous. I thank God, I dye with a perfect resignation ; and for- give all the world ; particularly the Emperor and the Prince of Orange. Sweet Jesus, out of the infinity of Thy tender mercy, forgive them, and give to your Majesty the reward of your heroical bounty and goodness.' The Most Christian Lewis became so overpowered at the King's speech and dyeing condition, that he was forced to withdraw in bidding his last adieus unto his Majesty in these terms, as I have been informed ; * Adieu (with embracing him) my dear brother, the best of Christians, and the most abused of monarchs/ This Prince at his goeing off was 1 James Drummoud. 186 HISTORICAL MANUSCRIPTS COMMISSION. MSS. op conducted to his coach by the nobility and gentry of the court, English, TH Fi^cJiLL. 0F Scotch, and Irish, with acclamations and tears ; some of them flinging — themselves at his royal feet, to testify the more their thanks for that P« 963 • most generous action. " 71. The King, after this farewell, lived two dayes. In which space it is inexpressible, how well he prepared for his long departure, his desired exit; murdering all hearts, who viewed him in that state. His last day being come, and a little before death, the Nuncio entered the chamber, and declared that he had receaved orders from his Holiness to give the Apostolical benediction unto the dyeing King; and accordingly he imparted it, which was a special mark of the Pope's tender affection for this Prince. In a short while ensueing this, the King haveing commended his soul into the hands of his Creator, he expired with a smile a little after three a-clock in the afternoon on Friday the sixteenth of September, new stile, and the 5th ould stile, 1701, in the 68th year of his age, and in the 17th of his reigne, of which he kept possession of p. 964. his throne near four years, and the other twelve and seaven months he was forced to consume in exile. " 72. Behould here the great sacrifice of a King wholly con&umed at last in the fire of tribulation, which his Protestant subjects had kindled and kept a-burning for 23 years. For the persecution of this Prince, raysed by the people of England, began seven years before he ascended the throne, viz., in the year 1678, when he was accused to have had a hand in the plott of Titus Oates, and when at that tyme the Parliament resolved to disinherit him of the Crown for being a Catholick, as we have mentioned above. Which persecution continued privately and publickly without interruption 16 years more unto his dyeing day. We fermly hope that these long and heroick sufferances, being for religion and justice, have not onely obtained mercy for him at the throne of the All-High ; but will also procure a happy inthronement to his royal son, and lasting joyes to the afflicted people of the British monarchy. p. 965. " 73. The life of this Prince in his last 12 years is a most excellent book of spiritual instructions. Wherein you willreade amazing patience in the highest adversity, stupifyeing humbleness in a crowned head, a non-such contempt of the world in a monarch, and a signal devotion in a great sovereign. Our pious James made frequent retreats to the convent of La Trap[pe] ; wherein at every tyme he spent several dayes in spiritual exercises, leadeing the life of a monck. In the year 1696, when he went to Callis, in hopes to transport himself and an army into England, (of which above) he began the devotion of receaving the divine communion twice a week ; which he afterwards observed to his dyeing day. His voluntary pennance is to be admired. For he wore on his feeble body an iron chain ; and used the disciplin on his tender flesh. He took comfort in visiting the monastery of nuns at Challiot, which 966. 1 h aa< b een founded by his august mother, daughter to Henry the Fourth of France, and in which her heart reposeth. He had several pious conferences with the lady of that family, Dame Frances Angelica Priolo : who among other discourses, condoled one day with the King for his ill success in Ireland. * His Majesty answered : It is just to submitt ourselves to the will of God.' The like comportment he showed at that fatal misfortune he receaved at La Hogue, 1 when he was most sure of 1 A.I) 1692. HISTORICAL MANUSCRIPTS COMMISSION. 187 entering into England, as he did upon all mighty calamityes. At an TH ^ jf]J^; ? other tyme, the aforesaid lady by ob.serveing the King's disappointments Fing-ael. in all his attempts, and his consummat patience therein, thought, fitt to institute a comparison between his Majesty and St. Lewis, King of France, whose noble dessigns against the Saracens, the enemyes of Christianity, were wholly frustrated in those dayes. But the King gave his humble answer : ' Alass ! mother, do not compare me to that great saint. It's true, I resemble him somewhat in my misfortunes, but I am nothing like him in my works. He was allwayes holy even from p- 967. his youth, but I have been a great sinner. I ought to look upon the afflictions which God hath sent me not as tryalls but as the just chastizement of my sins.' This makes me think on that judgment, which the King passed in a letter to the Bishop of Autun upon his mis- carriage at Callis in February 1696, after the King of France had most prudently settled that descent upon England. Which judgement was, that his Majesty believed his journey to be obstructed by the will of God, as decreeing that his restoration should not be at that tyme, and therefore he said « we ought to believe, that all God does is for the best.' So in this sentiment he bore that disappointment in a perfect longanimity, which made him more and more aspire after the future happiness, and slight the present. It was this consideration which made him say, that he looked upon the Prince of Orange as one of his best friends. For none had done him so much true good, as he, because that Prince, even p. 968. in his evil designs, was made use of by Almighty God, for doeing good, that is, for chastizeing the King, and so for makeing him enter into him- self. And when the King by this chastizement came to understand the difference between temporal and eternal happiness, he thanked the goodness of God for humbleing him, because it is a mark of salvation ; yea, he expressed his thanks unto the same Providence for takeing away his kingdoms. For by that means he was rouzed from the lethargy of sin to the knowledge and performance of his Christian duty. This now his perfect quest after the crown of glory made him become indifferent for the resumption of the British diadem as for his own personal satis- faction, which he declared. But he opened his desire of being rein- throned upon the account of his children, and of his suffering subjects. " 74. After this manner the great King of England passed the twelve concluding years of mortality in his exile, wherein he laboured and suffered much for the proemium of eternity. 'Tis then he comprehended p. 969. that we must not expect to be in pleasure here, and in pleasure there. No, mortal, it must not be thus. "Tis onely the alternative is left to our choice. Abraham hath tould us as much in his answer to Dives, who amidst his flames begged a litle comfort from that Patriarch ; but was denyed, because he had enjoyed the good things of the earth. The same sentence pronounced the God of nature, when in flesh He conversed amoug us : woe unto you, rich men, who have your consolation in this world ; and woe unto ye who laugh in tyme, for ye shall weep in eternity. There is noe jesting in this case, nor is Heaven such a toy, as to be gained for a song, whatever the strayes of religion think, and bad Catholicks. There are innumerable proofs of this position from the infancy of the world unto this present light, and among them our late p. 970. monarch stands a monumental probat. And so we goe on. " 75. As soon as the King was dead, you may give a conjecture of the greatness of grief which seized all the pallace, which spread over the town of St. Germams, which travelled through all France. So great love, so great veneration, so great compassion was due to the merritts of his 188 TITSTOKTCAL MANUSCRIPTS COMMISSION. theE S ariop royal person. Excess of sorrow drove immediately the Queen into Fingall. retirement at, Challiot for a few days, the Prince and Princess remaineing all drownded in lamentation. But in a few moments after the King's expiration, there began some comfort to appear in court. For the above mentioned Nuncio, by a precedent command from his Holyness, went to the apartment of the Prince, where having declared his commission, he acknowledged him King of England, Scotland, and Ireland. The same acknowledgment was made a little while after by the Envoy of Modena, P- 971. the Abbot Ricini. In the evening comes an envoy (the Prince of Conti, as I was tould) from the Court of France to owne the Prince King of England and the other dominions. This was an action worthy of Lewis the Great, considering the juncture wherein he did it, viz., when a warr was on his arm and when a greater was most certainely to follow upon the account of his acknowledgeing the royalty of that orphan Prince. In a short tyme ensueing, the Ambassador of Spain and the Envoy of Savoy did him the like justice. " 76. In three howers after the King's death, viz., about six of the clock in the evening, the body was exposed to publick view in the same chamber, wherein there was two altars erected. The clergy of the parish, the religious Recollects, and the Augustins came thither to say prayers. They sung the dirge in night. In the morning of the next day, being the 17 of September, masses began, and continued to noon. About four of the evening, the body was opened and embalmed. They p. 972. found a great quantity of serosityes in his head, the veyns, that convoy the water, by a third part greater than ordinary ; two ulcers in his stomach ; extra vasated blood in his body ; and his heart was much decayed. The opinion of the King's sanctity was so great, that now at the opening of his body, a number of people came to gett pieces of linnen dipped in his blood. The guards took their ere vats from about their necks, and did the same. " 77. As to this monarch's sanctity ; it is certainely true that there is nothing which runs a man sooner up to holyness than a perfect patience in affliction with a settled resignation to the will of God, and the reason is, because such a resignation is an absolut conquest of himself, which is the hardest province that a man can perform in this life. To say prayers, to fast, to hear mass, to confess and communicas and to give charity, are noble acts ; but not so difficult, as a Job-like patience, according to experience. For we see dayly several persons discharge those Christian devoirs very handsomly. But when they are touched with some stroake of adversity or ill fortune, in their honour, in their worldly substance, or in their health, they become as mad as savages, which storm of impatience throwes down all the former edifice. It is upon this fundation of unshakeable patience so many Christians in ages passed have raysed the glory of being Confessors : that Job attained unto such sanctity : that David in his several afflictions became a noble pattern of imitation. It is by patience that we fly to the mount of holyness, while by other vertues we slowly walk. What wonder then, if King James the Second of England, arrived, at the declension of his life, to a remarkable sanctity, by a quiet and uninterrupted patience in the sharp misfortunes of twelve years, without weighing his acerbity es of eleven years in precedence ? His manner of departing out of this world doth demonstrat the truth of his holy state. A manner that is in extremes opposit to that of wicked believers, and of hereticks in general, who goe from the stage of mortality to the tribunal of the All- dreadful judge with as litle feeling as any pagan dyeth. p. 973. p. 974. HISTOKICAL MANUSCRIPTS COMMISSION. 189 " 78. The body being embalmed, was earried at night to Paris in a MSS. of THE XiASXi < mourning coach followed by two others, in which were the officers of Fingall. his court, his chaplains, and Monsieur Bennet, the Prior of St. Ger- mains : the guards du corps carryeing toarches of white wax. After this privat way (to comply for the most part with the will of the royal deceased ; tho' not in buryeing him in the parochial church of Sc. Germains, as he had desired) the body was decently deposited in the church of the English Benedictins in the suburbs of St. James, until p. 975. Providence shall think fitt to transfer it, by a happy restoration of the liveing King into England, for to bless that cursed land. His heart at the same tyme was brought to the Church of Challiot, where it was received by those ladyes, the nuns, with much veneration. There it is to remain as a fayr monument of his gratitude unto a nation from whom he had receaved the comforts of life for twelve years, which his own ingrateful country had denyed him. " 79. The next day after the deposition of the body in the aforesaid church, a vast concourse of people flocked thither, as they did for many dayes ensuing, for to pray for that faithful soul departed. Some of the good Christians being infirm offered their oraisons to God, that his Divine Majesty might be pleased to grant them health for the sake of his holy servant, James, King of England, which they obtained, as I am assured by credible witnesses. The relation of -which in particular I p. 976. shall leave to the care of his friends at Paris and at St. Germains. " 80. In the interim the account of the King's death being sent to Rome by the Nuncio of France, the Pope, Clement the Eleventh, haveing called a Consistory, acquainted the Cardinals therewith : before whom he made a handsome speech, expressing his great and fatherly grief for the loss of a royal son, who had proved so zealous in his religion that to it he postponed his crown and all he had in the world. He extolled his admirable patience in the villanous dethronement of him made by his subjects. He injoyned the Sacred Colledge to tender their prayers for the repose of his soul untill he can have his funeral obsequyes per- formed solemnly in the Pontifical Chappel, which was don a few months after, and the funeral oration was pronounced by Signior Albani, the P ape's nephew. The royal obsequyes were also celebrated in the colledges and convents abroade of the English, Irish, and Scotts, his Majesty's subjects, so they were by some communityes of France. By these comportments of Princes and people, we find that the King of p. 977 England dyed with more honour in exile that he would in his own country, had he not been banished. Such compassion draws the affliction of a good man from the good, and such respect the oppression of a mighty and innocent .King. France, noe doubt, deemed herself fortunat in his presence, and happy in haveing the remains of so saintly a Prince, while stupid England is not sensible of her own unhappyness. And here I putt a period to the life and death of this great monarch : * hasc finis Priami fatorum,' whom the Heavens have, allready and the suffrages of nations, vindicated from calumny without my poor vindi- cation. But in the event it proved such a calumny, as made our Prince more happy than if he had not been attacked therewith. For it was the occasion, as he himself confessed, of securing the end of his creation. Without which end, what is all the grandeur, all the glory, all the wealth, all the pleasure of the earth, since all have so short a duration ? What does it avayl to gain the whole world, if you make shipwrack of p. 978. ^your soul ? Happy then was the dethronement unto our great boveraign. But this is language too hard for fools to understand, and so we leave 190 HISTORICAL MANUSCRIPTS COMMISSION. them in the state of danger. There onely remains unto us to speake of the young King and successor, and of the warrs in brief, which the great Lewis undertakes to setle his grandson, the new monarch of Spain, on his throne, in order afterwards to restore James the Third of England unto his kingdom. And may God be propitious unto his enterprize. XV. "Liber 3. C[hapter] 1." p 741. "1. King James the Second of England left, at his death, issue a son 1 and a daughter 2 by Mary, Princess of Modena, his most excellent Queen. The son was then thirteen years and three months ould. The daughter was of the age of nine years. Both are the children of mighty hopes. The Prince is exquisitly educated in vertue and learning, and promises a plentifull harvest of happiness to himself and to his subjects. In the next day after his royal father's departure unto a better world he was proclaym'd by a herauld-at-arms before the pallace gate of St. Germain s, King of England, Scotland and Ireland, by the name of James the Third. Within two dayes after, the King of France came to St. Germains to pay a visitt to the young King, as King of Great Brittain, which visit the King of Great Brittain return'd the day followeing. The Pope also was resolv'd to augment the comforts of this young monarch. For he was pleas'd, like an afTectionat father, to write a letter dated the 25 of October at Borne, being in the next month, unto his kingly son, which was full of consolation. p. 742. "2. But before this tyme, the account of James the Second decease was brought to Loo in Holland, where the Prince of Orange, alias I^ing William, then was. This made him retire a while from company. In a few dayes after, he parted thence for the Hague where he had consultations with the States about the affayrs of the present conjecture. It was here and now (and not before, since the peace of Reswick, or since the new warr between the Emperor and the Most Christian King and the Catholick Monarch) he concluded a league defensive and offensive with the Emperor and the United Netherlands against France and Spain. By which we understand that the engagement the Prince of Orange gave to Lewis the Great by the Peace of Hall 3 of makeinge noe resistance to the restoration of the late James the Second, did not bind him to give noe opposition to the enthronement of the Prince of Walles, 6r now James the Third, if the King his father shou'd dye in banishment ; which case, I believe, was not thought of at that treaty. 'Tis therefore King William appeares at this juncture more eagre to stand for his regal concerns against the monarch of France, than in the life-tyme of King James the Second since the aforesaid peace of Hall. In order then to the better management of his affayres, he returnes into England in the month of October, and immediately dissolves the p. 743. ould Parliament. He called a new one for to sitt on the 30th day of December followeing. "3. In the interim the newes of the King's death being spread thro'out the Brittish empyre caused an universal sorrow amongst the Catholicks 1 James Edward Francis Stuart. 2 Marie Louise Stuart, born 'at St. Germains in 1692. Her death there in 1712 is recorded at page 1499 of the MS. under notice. 3 Or Ryswick, concluded 20 September, 1697. MSS. or thb Earl op FlNGALL. HISTORICAL MANUSCRIPTS COMMISSION. 191 and loyal Protestants, but especially amongst the Catholicks of Ireland, th ^^^l op who suffered most for him, and were dayly expecting a release from Fin&all. their thraldom by his restoration. A great part of the Irish nobility, who had the honour to serve his Majesty in the State and warr at his being in that kingdom, were stabbed to the heart at the dismal intel- ligence, because they were now depriv'd of their extraordinary comforts, which they had propos'd unto themselves, by seeing again their ould acquaintance ; who could call each of them by his name ; who could call them fellow-sufferers ; who could remember their meritts ; and who therefore would the sooner grant unto them their particular requests, and sooner restore a general happiness to their country. But the case will be somwhat altered in the enthronement of James the Third. For unto him they are strangers : their peculiar services don to his regal father of blessed memory are unknown. This young King may be p. 744. byassed by the ill-wishers of Ireland ; at least it will not be so easy (by reason of his tender youth) to make him sensible of what his Majesty owes to the nation. However, the Catholicks of Ireland, and of the other two kingdoms were raysed much from the depth of grief, when they heard that the Most Christian King had the generosity and courage (it was a thing suitable to his greateness) to do justice to the Prince of Wales in acknowledging him the lawfull King of England, Scotland, and Ireland, before the face of King William, which certainly he would not do (during King William's life) if his Most Christian Majesty had absolutely, without any condition, owned the said William King of England by the Peace of Hall or Keswick. For he could not in reason, and by equity of publick faith given at Hall or at Eeswick, acknowledge two Kings of great Brittain at the same tyme, each of whom challenges the crown by a different title. That of his calleing James the Second King of England at the same tyme he owned King William makes not against this argument, because James the Second haveing been once the lawful King of England, and banished by his subjects, and noe obligation being imposed on the King of France by the Peace of Reswick to refuse that appellation to James the Second, the Most Christian King could call him King of England or Great Brittain at the same tyme he owned King William, without any breach of publick faith or without any prejudice to William's right. But 'tis not the same case in James the Third ; because he had not been King any way before the acknowledgement made of William : and therefore p. 745. William being owned King of England in a solemn treaty of peace by the Monarch of France, does exclude the owneing of another person King of England (who had not been such before that tyme) dureing the life of the said William, according to the nature of publick treaty es of peace. Yett I must confess that some there are who oppose this reasoning, and say, that a Prince compell'd upon some consideration or other to acknowledge an usurper King of the country, is not oblig'd to continue his acknowledgement longer than he pleases, especially if his disowning be for the asserting of the right of the true heyr to the kingdom : and the reason is, because the usurper had noe title to the crown, when the aforesaid Prince was forc'd to owne him King. As it was in the case of the usurper Cromwell, whom several crown'd heads owned by their ambassadors to be the sovereign ruler of England : yett they were not bound to do him that honour farther than they should think it fitt. The general reason is, because constraint is not obligatory. And on the otlier side, tho' a Prince should owne an usurper King of the land of his own accord, for some reward ; yett he is not tyed to con- tinue it, because he had engag'd in an unlawfull cause. But to enlarge 192 HISTORICAL MANUSCRIPTS COMMISSION. MSS. of no further upon this matter, pro and con (haveing said enough of it iu ^Iiitgall. * the peace of Hall) we come to the warr. XVI. [Defence of Cremona, A.L). 1702.] " 4. We are now beginning this present year 1702. In the first mouth of which, and in the end of it, Prince Eugenius of Savoy, General of P- 746, the Imperial army in Italy, haveing settled a dessigne of takeing the citty of Cremona in the principality of Millan by strategem, he sent in disguise between five and six hundred souldiers into the town, that they might open him the gates at the night appointed, which was the 31 of January. Eugenius accordingly came to the gates in the later end of the night, with three thousand chosen cuirassiers, three thousand grenadiers, and five hundred huzzars. The spyes within upon a signal open'd the gates, that is one gate, which had been abandoned, and another which was guarded but by a very few, who here were over- powered. Thro' these two gates, and thro' the gate of the aquseduct Eugenis enters the city with his troops. He took the Place of arms, the guards thereof, and the canon. He took two other marketts, and the principal streets of the town, so that he thought himself master of the place. By this tyme Mareshall Villroy, the General, heareing of some warlick noyse, rose and took horse, accompanyed onely by two or three, for to discern what was the meaning of the said noyse, he was taken prisoner immediately. A little after the garrison was alarm'd, and up they gott and randevouzed. They were four thousand men in all of which there was two strong Irish regiments of foot, one belonging to Collonel Arthur Dillon, brother to the Viscount Costalo, the other to Colonel p. 747. Walter Bourk, Count de Revell, Governor of Cremona, and the Marquis de Pralin sounded the garrison, what they would do in this case of the town being taken. They declar'd unanimously that they would all dye or drive out the enemy. Upon which it was ordered, that the Irish shou'd fight the cuirassiers, and the French the grenadiers. The morning appeareing, the battle began. The Irish charg'd the cuirassiers with that violence that they broake them in a little while, and putt them to the rout, pursueing and killing till they came to the Place of arms of which they made themselves masters, and regain'd the cannon. The like success the French had against the German foot. However, the battle contiuued with rage on both sides, untill it was night. At which tyme the Germans were forced out of the town after the loss of two thousand seav'n hundred men kilPd and about three hundred wounded, who dyed on the rode, and several prisoners taken. The' garrison had of theirs seav'n hundred killed, and five hundred wounded; and lost allmost an equal number of prisoners, who were exchanged the next day. Thus with an unparrallell'd bravery in the fight of elev'n howers the garrison retook the town against double their forces. The next day Count de Revell imployed Captain Daniel Mahoni, an Irishman, (because he had signalized himself in that action, p 748, and we may say so of the whole garrison) for to carry the account thereof to his Most Christian Majesty. The King having perus'd the packett, recompensed the bearer with the honour of a Collonell and Adjutant- General to the Duke of Vandome, as he afterwards rewarded all the garrison of Cremona. Collonell Mahoni went from Versaills to HISTORICAL MANUSCRIPTS COMMISSION. 103 St. Germains, for to pay his respects to his own King, 1 who knighted him for his late service, reputeing what was don to his great friend to be don to himself. And 'tis so in the event. For the greater progress is made by France and her allyes in the warr, the sooner will the restoration of James the Third be effected. " 5. In the next month, being February, the Parliament of England apply'd themselves assiduously to the consideration of what wayes and means they shall take to rayse vast summs of money, for to enable King William to carry on a vigorous warr in conjunction with his Confederats against France and Spain, as an assistant to the Emperor, who claymes the Spanish monarchy, and as a principal against the Most Christian King, because he owned the Prince of Walles King of England, con- trary to the setlement of the Crown which the Parliament had made in William and in other Protestant Princes of the blood. At this tyme King William lay'd before the said Parliament the league he had concluded with the Emperor and the States- General of the united Nether- P- 749. lands. By this league the three allyes have oblig'd themselves to dis- possess the new King of Spain of all the Spanish dominions and deliver them to the Emperor, and to conquer the Spanish Flanders, and to make it a barriere between the French conquests and the territoryes of Holland. A man shou'd think, that this league is ridiculous as to the presumption of it. For, if you will rightly consider matters, there appeares noe probability that these Confederats with all others that they can gett in Europe, will be able to effect what they have under- taken. 2 XVII. [Death of William III.] " 6. We are now come to see an end putt to that great example of p. 750. vanity, folly, ambition and villany. It happened that King William went a-hunting one day about the middle of this same month of February [1701-2]. And while he was in pursuit of his game his horse stumbled, and the King thereby fell down, so as he broake his chollar bone. He was brought to his house of Kinsington, and there the bone was sett again. However it kept him in a weak condition for several days, till at last he fell into a fever. All excellent remedyes were made use of but had not the desired effect. At which the King was tould that he was past recovery. What preparations of a good Christian he then made for p. 751. death it is not known to the publick. Onely 'tis said that he was sollicitous in his extremity about some acts of Parliament, which he would have perfected before he dyed. One was, as they say, the act of attainting the Prince of Walles of High Treason, for assumeing the title of King of England. There was a privat account that he fell into a fitt of rageing a little before he dyed, and continued so to his last breath. What the cause of this fury was we cannot positively affirm. Some say, that, being tould he was not for this world, he ordered the Earl of Albemarl, a Dutchman and his con- fident, to goe to his closett and burn all the papers therein, or some certain papers. But Albemarl, being plunged in a sea of grief, did not mind executing those orders immediately. A little after, upon a 1 " James III." 2 ^The remainder of section 5 on pages 749 and 750 is struck out in the MS. MSS. op the Earl op FlN&ALL. o 84068. N 194 HISTORICAL MANUSCRIPTS COMMISSION. MSS. 01 recollection, he went to open the closett door, in order to do as he had XH FiNGui. 0r ^ een comman( lcd. But he found guards at the said door by command — ' from the Princess Anne of Denmark, who wou'd not lett the Earl enter. Now, if this was tould to the King, it might have cast him into that rage, because there might have been papers there which he wou'd not haw any person, at least of English blood, see for the world. Or if this was p. 752. not the cause of that his madness, who knowes but it was the testimony of a bad conscience made him so furibund ? 'Tis certain some of the most inveterat and bouldest sinners have trembled at the approach of death : and the terrour of future judgement coming into their thoughts hath raysed dismal tempests in their minds. Some have seen, before the breath went out of their bodyes, the infernal executors of the Divine vengeance. But in this ambiguity of his manner of dying, we have so much most probable, that he shewed noe exemplary piety in his extremes. Nay, I am assur'd that the Protestant Archbishop of Canterbury pro- posed to give him the Sacrement of their church : that the King answer'd, ' What good will it do me ? 5 and that immediately he turn'd away his face. If it had been otherwise, the stauders-by, being Pro- testants, wou'd have recorded his final devotion. By this we observe the vast difference between King James the Second, a Catholick, and King William, a Protestant, in their dyeing. The death of the first is able to make a heretick admire the Catholick religion and embrace it. The death of the second is capeable to create an odium to Protestancy, and abandon it. The behaviour of James in going off the stage of mortality is a most powerfull perswasion to live vertuously. The p. 753. deportment of William in leaveing the world gives rather a scandal in seeing a Prince, who professes Christianity, to be so indifferent for his doom at the tribunal of God, tho' he had lead a tolerable life in morality. 'Twas not so the good Christians of antiquity departed hence. They proposed unto themselves that sayeing of St. Paul in his Epistle to the Hebrews : 'It is a terrible thing to fall into the hands of the liveing God.' And thereupon their preparation for the last hower was very exact. With what profound humility did they demeane themselves ? With what fear ? With what fervour in prayer ? With what sincerity of satisfyeing everybody they owed satisfaction unto ? With what acts of repentance ? With what profusion of legacyes to those that were in want, if they were able to do it ? " 7. But William could not be ignorant thro' the light of common reason that he injur'd King James the Second in the highest degree. For the said common reason tould him, that a hereditary crown is not in the guif t of the people : and especially while the King is alive and in actual p. 754. government. He knew most certainly that the said King James had committed noe such barbariety on the souls nor bodyes of his subjects as to deserve a dethronement at the hands of his people. And therefore he must needs understand that he cou'd not lawfully take the guift, which was not the giver's. It was the very case of Oliver Cromwell and of the people of England in the reigns of Charles the First and Charles the Second. The people represented in Parliament took on them to have a power not only of disposeing of the crown, but also of bringing the King to an account of his administration. And de facto they deprived Charles the First of his life, for bad Government, as they alleadged, and Charles the Second, of his scepter, and assum'd to them- selves the soveraign regency. They conferr'd it afterwards on the abovesaid Cromwell. He enjoyed it for the rest of his dayes. Yett the world condemned Cromwell for a villain ; and the people, for barbarous rebells. And King Charles the Second being afterwards restored, HISTORICAL MANUSCRIPTS COMMISSION. 195 brought soin of the people to condign punishment, and pardoned the mss. op generality. And tho' Cromwell had been dead, yett justice was T ^i?£K^ inflicted on his corps. — " 8. The injustice of King William being thus made manifest, what p. 755. satisfaction did he make on his death to King James the Second, or to his family, for the unparrallelPd wrongs he had don him and to a million of his loyal and innocent subjects thro'out his dominions, especially in Ireland, where many familyes are sending their cryes up to Heaven against that usurper for their destruction caused by him ? He should at least have owned his fault before the world and publickly crav'd mercy of God for the same, with a preparation in mind to give all the satis- faction that should lye in his power to the injur'd persons, if his life were protracted. " 9. We'll leave this unhappy Prince to make his accounts with his great Lord the best he can, wishing from our souls that he may putt himself in a condition to do it well, before the breath departes from his body. In the meantyme, we say that his malady lingered unto Sunday the 8th of March, when in the morning he expired in the 50th year of his age and in the beginning of the 14th year of his usurpation. On the same day the Princess Anne of Denmark was alone (to the exclusion of her husband, Prince George) proclaymed Queen, Soveraign of England p. 756. and the dominions belonging unto it; and on the 23rd of Aprill next she was crown'd with the usual ceremonyes. Whether this Princess hath taken the crown (by way of preventing greater mischief) onely so long till the King of France can be at leisure from the warr abroade to enthrone her brother, James the Third or hath assum'd it absolutely to the debarring of the King, a few years will discover. The reason of our doubt herein is, because we have had an account that the said Princess repented her of her comportment towards her royal father, of blessed memory, about ten years agoe. And if her repentance was true, she will prove faithf ull to justice in this present case. " 10. Here behould a mighty monarch but yesterday, now a sad victim of death ! Potentats are no more exempted from payeing this tribute to nature than the poorest vassall. O folly of great men, who putt such exorbitant value on your lives and on the grandeurs of the world ! For is it not a trifle even the empyre of the globe, when you cannot enjoy it but for a few dayes ? This makes me judge that the Prince of Orange made a foolish bargain. He liv'd in his own country like a King with the glory of honesty ; which is a jewell above the greatest diadem. But p. 757. not contented with this fine lott, he trampled all lawes under foot for sake of a title which was greater than what he had before. And, to preserve it, what seas of blood has he spill' d ! What ruins has he brought on countryes ! What calamityes on people ! What risks of his own life ! What toyls of body ! What troubles of mind hath he endur'd ! And how long hath he possessed this title, for which he gave so much ? He was in possession of it 13 years, not haveing a child to leave the same unto, nor having had from the begin- ning any hopes of issue. Now tell me, is the pleasure of 13 years worth those prodigious dammages don to innumerable people tho' noe eternity of torments shou'd ensue? But is it not less worth, those destructions, if 13 millions of yeares shall be spent in tortureing the man for that pleasure ? And also if his memory here on earth shall for ever be detested ? Certainely if there were noe Heaven nor hell after this life ; yett reason tells me that I am not worthy to breathe, if for to pleasure myself either by title or power, or wealth, p. 758. or any other way, I destroy mankind in vast numbers. It is like the n 2 196 HISTORICAL MANUSCRIPTS COMMISSION. MSS. op tyger, or the wolf, that care not what destruction of man or beast they TH Fingall° P m ake, so they can please their hunger or their rage. Hence conies my ' admiration to heare the people of England and the people of Holland (who profess to be Christians) speake of the Prince of Orange now deceased, as if he had been a saint, sayeing, ' His late Majesty of glorious memory.' Out away with their atheism ! "11. This death miserably contristated the whole Protestancy of the three nations, except a few loyalists. Scotland in a special manner grieved that she had lost her greatest benefactor, who had dared to make her wholly Presbyterian to the entire exclusion of episcopacy, which noe Protestant King before would do. The Presbyterians of England sighed, because they were deprived of that King, under whose con- nivance and inclination to the cause they had increased vo greater numbers than eaver. The Protestants and Presbyterians in Ireland, especially those of Cromwell's breed, were deeply struck with sorrow, because their hero was gon, who had restor'd them to those estates of p. 759. the Irish Catholicks which the usurper Cromwell had conferr'd on them, and the pretended Act of Settlement had confirm'd ; but which the just Act of Repeal had depriv'd them of. The States- General of the United Netherlands had the greatest loss of all, because they are for eaver deprived of the most potent family within their territory es, and of the best friend, as being King of England, they had in the world. The Emperor and the other allyes have a great share in this loss because King William would not onely (as he did in the late warr) assist them with powerful! troops, but give them money besides to maintain their forces, and would be in person amongst their armyes, animating them with his presence, with his example, and with his rewards. " 12. But if you will consult solid reason you shall find that England hath noe cause to lament his death. For what hath she gained by his life ? Before she gave him the crown, there was nothing wanting to her temporal happiness, as I have shewed above, while she enjoyed 2 religion with all freedom. Since his coming to the crown, can she in verity say, that she has had a happy day ? Immediately she was afflicted with a costly and destructive warr in Ireland for three years; in Scotland, for a little while ; abroade, for several years. Which warr hath caused noe small depopulation in Ireland and England by the death of subjects ; an extinction of divers gallant familyes ; of all the best com- p. 760. manders ; a loss in shipping of above five thousand merchant vessells, and above fifty men of warr, great and small ; an impoverishment of many a thousand ; a decay of trade (by which England is supported) not onely in the warr, but since the peace has been made. It hath pro- duced to the people the greatest consumption in their treasure that ever England had felt in any hundred years since the creation, to the amazement of foreign nations when they heare that the subjects have pay'd to King William, dureing the late warr, sixty millions of pounds sterling ; that is, about seav'n hundred millions of livres. Yett since the peace of Reswick, now near five years, the people of England have payed every year extraordinary taxes, for to discharge the expences of the said wan-, which the sixty millions were not able to do. And still for severall years more the people must be taxed in order to clear those .} [de]bts. To this dammage in money you must adde more. For the sylver coyn of the kingdom was allmost all clvpped abroade and MS. damaged. HISTORICAL MANUSCRIPTS COMMISSION. 197 at home : some part by the moyety, and some by the third proportion. MSS. of A greate quantity of the coyn, being carried abroad, did neaver return T ^ N qSl. C which bred a vast confusion over the land. To supply this defect, the — government was forc'd to procure all the plate used in familyes thro' out p. 761. the realm to be coyned. By which it became that the howses of Eng- land were the monuments of poverty. " 13. As for religion : the Episcopall Protestants of England thought themselves undon, because King James made a Jesuit rector of one colledge at Oxford, and another of his Privy Council, as I mention'd before. But lett us see what advantage did they gain by King William. First : he wa3 noe true episcopal man. For if he were, he wou'd not have positively contributed so much to establish Presbytery. This is •paafiFm'd because he was born and bred in Calvinism, as his country- men are. Bur, it seems, a King of any religion whatsoever is acceptable enough to the Protestants of England, provided onely he be not a Catholick. Secondly : King William took one kingdom of the three from the Church of England, viz., Scotland, which he made entirely Presbyterian even to the banishing of the Bishops, and depriveing them and the Episcopall ministers of their revenues and tyths, to the reduceing of them to mendicancy and hard shifts of liveing. In England and Ire- land Presbytery came to so great a height in William's reign, that the Protestants were very sensible of an approaching danger. All sects p. 762. increased ; and some new ones sprung up ; namely that of Philodel- phians, and a number of Atheists, particularly in England, who openly professed that there was noe Diety. Vice reigned so absolutely, that morality was scarce to be found anywhere. " 14. Now take notice of the nature of the episcopall men of England. They quarrelled so with King James, that they dethron'd him for his constituting, chiefly a Catholick Governor over one colledge in the kingdom, and for appointing another Catholick of the Council, as aforesaid, which are but a drop to the ocean. Yett King William did them all that mischief above-said and they did not once question him why he had don so ? Out of this behaviour of theirs, may not a man rationally judge that they are infatuated ? That is, they have lost their reason, not distinguishing good from evill. Yea, I will give it under my hand, that they have [been], and will continue, non compotes mentis, till they return to the Catholick Church. Which, I pray God, p. 763. may be soon, that we may see in our dayes the afflicted people of the British monarchy delivered from their long bondage. "15. When the newes of King William's death arrived at the Court of France, the most Christian King did not think fitt to goe in mourne- ing for him. Which evidently shewes he had never acknowledg'd in reality the Prince of Orange King of England. For, if he had, there was noe motive, either warr or privat animosity, could have hendered the monarch of France to pay that civility to the royal deceas'd : be- cause it is an inviolable custom between Crown'd heads, that are neighbours, and who have a correspondence with one and other by embassyes, or by commerce, as we see it dayly in practise. XVIII. [Accession of Queen Anne. — Declaration of War by England, 1702.] " 16. The Princess Anne, in a few weeks after being crown'd Queen of England, sett forth her declaration of warr against France and Spain. 198 HISTORICAL MANUSCRIPTS COMMISSION. MSa of In which there are some terms that import, that the Most Christian :1 K\oall OF Ki n g natn usurped some part of the dominions of Spain. How — ' calumnious the expression is, we leave it to the judgment of the world, p- 764. F or that Prince hath not an inch of land belonging to the Spanish monarchy in his possession, nor claymes to it. His grandson is in possession of all countryes appertaineing to that crown, and is an in- dependent King. His grandfather is onely his ally and assistant in defending the possession against the Emperor and his Confederats, as nature obliges him to be. " 17. The States- General of the United Provinces about the same tyme issued their proclamation of warr against the crowns of France and Spain ; because the Spanish Flanders was not delivered to their troops to be garrisoned, to the end that it might be a sconce 1 between them and France, that thereby they may sleep without apprehension of danger. I spoake above of this ridiculous pretence, to which place I referr you. The Emperor also, after being a twelvemonth in warr against Lewis the Fourteenth of France, and Philip the Fifth of Spain, declared warr against them with the usual formalityes, in order to p. 765. acquire with the sword what he has noe title to, untill the progeny of the late Lewis the Thirteenth be extinct. "18. I am of opinion, that the Most Christian King deserves to be chastiz'd for his imprudence. For he was of that tender disposition, and so scrupulous in disturbing the Peace of Res wick, that he suffer'd his enemyes all the year passt to gather all their strength before he would attack them, when he could crush the unprepared foes. Is it not warrant enough for me to begin and prevent mischief, when I see my enemy makeing ready to assault me, without my expecting, till he gives me the first blow ? However, his Majesty hath at last, in point of honour, return'd a declaration of warr against the proclamations of the Emperor, England and Holland. P 19. And now that Mars is come into the field, with all his formalityes usual in this case, lett us see what progress has he made. It is ex- pected that the Emperor, the Queen of England, and the States- General will act offensively, will push on their dessigne, and bouldly attempt to enter inlo their enemyes country, as being the aggressors and challengers of great matters. It is enough for the Kings of France p. 766. and Spain to stand on their defence, and keep possession of what they have, seeing they pretend to no more, and would not undertake warr till necessitated for self-preservation. The warr then is in Italy and managed by the Duke of Vandome for France and Spain ; and by Prince Eugenius for the Emperor. It is on the Upper Rhine and ruled by Mareschal Cattinat 2 for the French, and by Prince Lewis of Baden for the Imperialists. It is on the Lower Rhine, and governed by Mareschal Boufflers for France and Spain, and by the Earl of Athlone 3 for the Confederats. It is on the lines of the Spanish Flanders, and guided by the Marquis of Bedmar for Spain and France, and by General Cohorn for the States of Holland. "20. The Duke of Vandome in Italy enter'd upon action in May, and raysed the long blockade of Mantua, after takeing the towns in the Mantuan, which Eugenius had possessed all the winter, and about a 1 A name applied to forts for defending passes. 2 Nicholas Catinat, Marshal of France. 3 De Ginkel. HISTORICAL MANUSCRIPTS COMMISSION. 109 thousand prisoners of warr, and abundance of provisions and am urn- mss. op nition. Upon this success of Vandome, Eugenius entrench'd himself TI ]? E II f c f^ L < between Mantua and the Po, receaveing his provisions from the Modenese, and expecting sufficient reinforcements from the Emperor for to take the field. The Duke of Vandome, for to drive him out from P- thence, he has encamped near the enemy, and is upon an enterprize to cutt off the provisions of the Prince Eugenius that com from the Dukedom of Modena. The Cathoiick King, by directions of his grand- father, left Spain, arriv'd at Naples about the end of Aprill. in order to settle better his affayrs in Italy by his presence. He made a solemne entry into that citty by way of takeing possession of the kingdom. He there receaved Cardinal Barbarini, Legat a Latere, sent to him by his Holyness Clement the Eleventh. And haveing established matters at Naples, his Majesty came into Lumbardy, and enter'd the citty of Millan on the 18th of June. From whence he is expected every day in Vandom's camp, for to command the army along with that General. "21. In Germany, the Prince Nassaw-Sarbruck, General for the States of Holland, and their allyes, with an army of twenty thousand men, invested on the 19th Aprill the town of Kayserwaert on the Rhine belonging to the Elector of Cullogne, who is in the interest of France and Spain. In this town there was a French garrison com- P- 768. manded by the Marquis of Blainville. Sarbruck took the town upon conditions, on the 17th of June, with the loss of ten thousand men, after the place was rednc'd to a heape of ruins, and with an obligation of demolishing all the fortifications. The French lost about three thousand men in the defence. XIX. [Conclusion of Book 3.] " Chapter 12th." "1. The long expected yeare is come, 1713, which suffering nations p. 1531. have been wishing for. It is receav'd with all joy, because it brings the end of their wishes, a happy peace. Yett, at the same tyme, we must tell you that 'tis not every nation, of those hitherto plung'd in warr, obtain'd this happiness at the same season. Which misfortune happened thro' the fault of their respective Princes, who were more carryed away with ambition and covetousness than other potentate, who embrac'd the happy opportunity for the sake of their languishing P- 1532. people. How this peace was made, and between whom, we are goeing to give you the narrative. " We tould you the last year, that the Queen of England concluded a peace with France and Spain by agents, but left the publick signeing thereof to her plenipotentiaryes at Utrect. The plenipotentiary es in the mean tyme us'd arguments in their severall conferences to perswade those of the other allyes to come into the said peace. The Confederat plenipotentiaryes for the most part came at last to an acquiescence after consulting their principals, and receaveing from them their final powers and instructions. Wherefore, the High Commissioners on both sides proceeded to finish this great work in the month of April. So the French and English plenipotentiaryes signed the peace on the 11th day of the said montb, at three in the afternoon. Those of the Duke of Savoy in an hour after. Those of the King of Portugal and King of Prussia before midnight. And those of the States-General in an hower after midnight. The Emperor would not accept of this pacification, as not satisfyeing his demands. The Princes of the Empyre complyed 200 HISTORICAL MANUSCRIPTS COMMISSION. MSS. or with their head, and therefore they prepar'd for a continuation of the ^Fingall^ warr against France. Yett the Kmperor, before this month, found — himself necessitated to lett fall the warr of Spain for these reasons. He understood that the Queen of England had made her peace, and withdrawn her troops out of Spain, and most of her warlick ships out of the Mediterranean. He knew that the States-General were ready to com to an agreement with France, as was the King of Portugal, and the Duke of Savoy : he receav'd an account that his General, Count Staremberg, in Catalonia had lay'd a blocade, in the beginning of December the last year, to Girona with 12,000 men ; that the General made three attacks upon the outward forts, and was as often repuls'd, p. 1583. with the loss of 1,500 men in all; that the Duke of Berwick was marching from Languedock with 15,000 French troops to relieve Girona ; that, at his approach in the beginning of January this present year, 1713, Count Staremberg in hast quitted the blocade, leaveing behind him four pieces of canon, several waggons, and a good quantity of meal and ammunition. In fine, that Prince Serclas Tilly was to joyn the Duke of Berwick with the Spanish army, and so with their united forces to putt a speedy end to the warr of Catalonia. " Upon these considerations, the Emperor, by his plenipotentiaryes at Utrect, agreed, in the end of February, with the King of France acting for his grandson, the King of Spain, to give up Catalonia, and the Isles of Majorca and Ivica, and to maintain a newtrality in Italy and in the islands thereof. By virtue of this agreement, the Empress departed from Barcelona, on the 18th of March, aboard the English squadron under Sir John Jennings, Vice-Admiral. This princess landed at Genoa on the 29th of the same month. From thence she went to Millan, where haveing remain'd for several dayes, she continued her journey to Germany thro* Tyrol, and in the end of June she arriv'd at Vienna. Miscellaneous Mss. 1. " The state of Ireland " [A.D. 1701].— 22 pages. 2. "The case of the Roman Catholiek Nation of Ireland." 1710. 8 pages. 3. " The case of the same, 1711. — 8 pages. 4. " An elegy on the death of James the Second, King of England." — 12 pages. Extracts : u String, muse, thy lyre with lumpish lead, to groane The death of him, that glory of the throne : The pride of humbleness, altho' as high On earth he shone, as Saturn in the skye : The grace of meekeness : and a second Job : Such charms as might a tyger's heart derobe : The death of him, that gives new life to those, Who woorryed him to death, to long repose : But gives a death to such, as gave their all, The Lord's annoynted for to reinstall ; Call all the quire unto thy ayd : and kill At every note the most obdurat will. The task is easy for the theam is such As flints may weep ; tho' rebells think it much. HISTORICAL MANUSCRIPTS COMMISSION. This Prince at first sure was by fates dessigned As an instruction to all human kind : That mortals must not here take up their rest, Tho' of an empyre legally possest. Creation was not made for fleeting joyes, And all beneath eternity are toys. The scepter lasts no longer than the spade : Nor art of ruleing, than the vulgar trade. As short as proves our race, yett who can say, The smiles of Fortune have so long a day ? Tho' Kings appear above the clouds of woe : Th'allmighty thunder strikes them down below. 'Tis not my province to recense each one Adversity had struck upon the throne. It will suffice to pass a word or two How close she did our royal saint pursue. His tender years were forced to view a sight. A bleeding father, not in noble fight, But by a lictor's hand, and by the strain Of cursed tray tors of the deepest stain. 'Twas such a stroake, noe crown had felt before : 'Twill scarce find credit on the Scythian shore. This drove our eaglett to a forraign state To seek a life, or dye a hero's fate. When after his return, he had drawn near Unto that throne, which was to cost him dear : Oh ! what intreagues of Hell to quash his right ; And timely to putt out his mortal light ! No sooner wore he his paternal crown ; But two huge crosses allmost weighed him down, Insulting Monmouth and the proud Argyle : He smote them both and rested for a while, Untill the mine was by all hands so layd, As blew him quite away, untill he dyed. Who can remember that sad fatal day, Wherein his crown at stake near Salisbury lay ; When all his chiefs in favour and command, Him left forlorn, and joyned the adverse band ? Which lost him England ; and lost them their fame : He gained a patience-crown : They keep their shame. Who can remember that nere dyeing night When from his couch he saved himself by flight: But ta'en by skipper on the watry realm, Receaved affronts that Majesty o'erwhelm ? A sincking state is forwarded by all, But by the brave, that dread noe frown nor fall. Who can remember that barbarian wound Which mallice gave him without any ground ? 5 Twas in his honour, and that of the Queen ; A lady owned the glory of the green ; A vertue such, in which their betters know, There lyes no more of spot, that is in snow. Who can remember that unnaturall hand, His children lent to drive him from the land ? 202 HISTORICAL MANUSCRIPTS COMMISSION. MSS. op And when 'twas don, their conscience found noe strife ^kgaS, * To take awa y his sustenance of life. — ' Oh ! 'twas a wound that pierced him most of all : Lo, a religion, they reformed call ! Who can remember any one of those. But must the fountains of his eyes disclose ; And stand astonished at this novel fate, That vassalls could so boon a Prince e're hate ? I erre : the fate's not new, a practise here, Charles and Charles made the case too cleer. It seems the English throne for some dark cause, (O who can search into those hidden lawespj Is fatal to those Kings of Alban race : Not one could please of whatsoever grace. Be meek, be just, be what you else can name, Protector, Roman ; allwayes 'tis the same. They with each Prince by some pretence begun : But James's ruin from religion sprung. A lingring martyr of a twelve years' space, He many found in Diocletian's place. # * # * # " Our royal exul now consumed away By Fortune's wounds, drew near his parting day. And he went off with jubily of mind, 'Cause that blind goddess to him proved unkind. For that unkindness sett him on to gain A nobler realm : where endless is his reign. He parted so, as he might bear along The very hearts of such as did him wrong. But on the good 'twas murder to descry An innocent beneath oppression dye. Curse on rebellion : curse on every sect, From first to last, that did the world infect. Lord of mercy ! lett thy will be don : Tho' by this death we may be all undon. But James is not so ; tho' fools it say : They measure all by blessings of this day. God falsifyed the word by his own deed : And for a pattern, here he chose to bleed. # * # # " Oh ! we are weary with this mournefull song ; And done we have unto the hearer wrong. 1 cease, I cease ; I onely with this end : Tho' grief shall nere unto a period tend. Great »lames, you are gon ; and left us here A sufFring people : where our foes appear To swallow all, that duty payed their King. And who is he, that can us comfort bring ? Then take our hearts ; and us your vertues leave, That to your patience, we may firmly cleave. Meanwhile that you're for brave exploits in rest, We'll grave a few on urna's of our Brest. Here lyes the Prince, that dare to owne his God ; And for the same he felt a heavy rod. Here lyes the Prince, that justice dared to do; For which there did the loss of crown ensue. HISTORICAL MANUSCRIPTS COMMISSION. 203 Here lyes the Prince, who after looseing all ; (O piety !) triumphed in his fall." 5. " A Lamentation song for James the Second, King of England." — 3 pages. Extracts : " Help my sorrow, weeping fountains. Senseless rocks and tow'ring mountains. Skyes will echo at my sighing ; Earth grow stupid at my dying. # * # # " Was it such a high transgression In the King to give concession, That old Peters 1 should advise him As for that we must dethrone him ? Or to constitute a rector, O'er a college, 2 what great matter ? # # # " Now the point that we have gained, What advantage is obtained ? Are we richer, are we greater? Or in vertue are we better ? Are our temples more frequented ? Are our follyes more repented ? Are episcopals not loosers, Since the Albans are Recusers? Then our whims were sole occasions Jemmy drove to forraign nations. Where we kept him till consumed : All admired, what we presumed. We may judge now by this story, Fates prepared a lasting glory, For an innocence oppressed : So do fare the good distressed. David thus was long refined, Ere to him were starrs assigned. Job was much in tribulation, 'Ere he gained his compensation. We have stuck too long in dolours ; Tho' the subject claymed our labours. We will end in stroweing wishes On his urn with cypress-bushes. Be as great his exaltation. As was his humiliation. May the next in power be greater : Altho' seldom comes a better." 6. " To His Most Christian Majesty the Most Humble Petition of the Irish abroade in behalf of themselves and of their compatriots at home." — 2 pages. 7. " The King of France shou'd make himself master of the sea," — 9 pages. MSS. op ttte Earl of FlXGALL. 1 Father Petre. 2 Magdalen College, Oxford. 204 HISTORICAL MANUSCRIPTS COMMISSION. ffEEARL F 8 ' " T ° the Catholicks of I reland s A Memorial for the defence of FiNftALL° F their country. Anno 1703." — 116 pages. 9. "An Exhortation to stand for their country." — 8 pages. 10. " Deserters of their country the cause of its ruin." — 11 pages. 1 1. Address from " N.N.," to the " Lords and gentlemen of Ireland " the King's happy restoration to his throne being near at hand." — 3 pages. 12. " For the re-inthroned King a method of governing England, Ireland, and Scotland." — 4 pages. 13. " To the Irish Nobility at St. G[ermains]. A Memorandum." — 6 pages. 1 4. " Quasre, whether the Irish Catholicks are to be pittyed in their present suffering." — 13 pages. 15. " The Calamity of the tymes." — 31 pages. 16. <( The Treaty of Lymerick is inviolable." — 8 pages. 17. To the Right Honorable the Earl of Fingall, the Earl of Lymerick, and the Lord Power, Agents-General of the Nation." — 9 pages. 18. " We are all in the wrong : Repentance and Peace : in a Letter to a friend." — 31 pages. 19. "The deplorable condition of England: a letter anno 1696." — 40 pages. 20. Treatise on the Gunpowder Plot and on unfounded charges against Roman Catholics of England and Ireland. — 8 pages. 21. " The unlawfulness of the oath of abjuration." — 8 pages. — Incom- plete. ARCHIVES OF THE SEE OF LONDON. By John T. Gilbert. Archives of The oldest of these records is that designated " Crede Mihi." 1 It is I ^uBrns T ° F tne surviving portion of a register book of documents connected with — the See of Dublin, and all the contents are in Latin. The present initial page is marked 80 in Arabic numerals. On the inside of the parchment wrapper is a memorandum by James Ussher, Primate of Ireland, A.D. 1624-56, in which he, as follows, assigns the transcription of the manuscript to about A.D. 1275, and mentions the absence of the portion of it which he assumed to have originally preceded page 80 : — " Pars ha3C est antiqui registri Archiepiscfoporum] Dublin, circa annum 1275 conscripti, quod appellatur ' Crede Mihi ' ut constat ex 1 Taken from Chapter IV., 21, of the Vulgate version of the Gospel according to St. John. The designation was, it would appear, applied to a treatise appended to copies of the Sarum Ordinal. In the Rule of St. Benedict — " Regula B . Benedicti " — the following injunction to the brethren was included under the head of " Ordo qualiter Fratribus in monasterio religiose ac studiose se conversari ac Domino militare oportet."— " Juramentum aliud nemo proferat, nisi 'Crede mihi,' sicut in Evangeliis legimus Dominum Samaritana? affirmasse, aut 'Certe,' aut ' Sane.'" — u Regula con- stitutions et privilegia Ordinis Cistertiensis." Antverpise. 1630, p. 32. HISTORICAL MANUSCRIPTS COMMISSION. 205 novo registro Johannis Alani, Arcbiepiscopi, fol. 646. Antiqui vero Archives oj bujus pars tantum posterior extat, viz., a fol. 80 ad 105 et finem." T Dubijw. 0P The manuscript is mainly in single column, without ornamentation, and, — for the most part, in a close, regular, and much contracted style. Towards its end some entries which are in irregular hands have become faded and partly illegible. The documents — with one exception 1 — bear neither headings nor titles, but they have been marked throughout in Arabic numerals. In these, by an apparent oversight, an error of nine occurs at article 141, which is set down as 150. Three pages, near the close, are occupied with a religious treatise, in double columns, and in a style of writing different from that of the other parts. The last page of the manuscript is 1 166, a portion of which is blank. " Crede Mihi " was for a time in the custody of John Alan, referred to in Ussher's memorandum above quoted. Alan was appointed Arch- bishop of Dublin in 1528, and was killed near that city in 1534, at the commencement of the revolt of Lord Thomas Fitz- Gerald, son of the Earl of Kildare, against Henry VIII. Nearly all the entries in " Crede Mihi " bear in the margins the monogram of Archbishop Alan, who likewise made brief entries on some of its pages and used it in his compilations relative to the diocese of Dublin. Sir James Ware, in his treatise on the Prelates of Leinster, first printed in 1628, referred to " Crede Mihi " as " registrum antiquissi- mura." Ussher, in his " Sylloge Epistolarum veterum Hibernicarum," published from it, in 1632. the letter of Pope Alexander III. to Laurence, Archbishop of Dublin, A D. 1179. Seven of the articles in " Crede Mihi," as hereafter indicated, were included among " Historical and Municipal Documents of Ireland, 1 172-1320," printed in the Boll's series in 1870. A reproduction of fol. 1096, exhibiting the style of writing in " Crede Mihi," and Alan's annotations on it, appears on plate lxxxiv. of the second part of "Facsimiles of National Manuscripts of Ireland," published in 1879. " Crede Mihi," as now extant, commences with letters in relation to the diocese of Dublin, issued between 1179 and 1264, by Popes Alexander III., Lucius III., Innocent III., Honorius III., Alexander IV., and Urban IV. The contents of " Crede Mihi " do not proceed in regular chronological sequence, but documents relating to the same- subjects are occasionally placed together in it. The Archbishops of Dublin, instruments by or in connexion with whom appear here, are Laurence O'Toole, 1162-1181; John Comin, 1181-1212; Henri de Loundres, 1212-1228; Luke, 1228-1255; Fulco de Sandford, 1256- 1271 ; Richard de Feringes, 1299-1306, and Alexander de Bicknor, 1317-49. Documents in relation to, or executed by, the following are amongst those also extant in this register : — Henry II. ; John, Earl of Moretain and King of England ; Henry III. ; Prince Edward, subsequently Edward I. ; Richard Fitz-GHslebert or " Strongbow " ; Eva, daughter of Dermod Mac Murragh, King of Leinster; Hugh de Lacy; William Fitz-Aldelm ; Richard de Burgh; Hugh Tyrell ; Maurice Fitz-Gerald ; Hamon de Valognes ; William Mareschal, Earl of Pembroke ; Roisia Longespee ; Beimund de K arreu j Cardinal Otho, Papal Legate; the Archbishop of Cashel; Bishops and Abbot of Glendaloch ; the Bishop of Louth ; the Abbot of Citeaux and Abbots of houses of that order in Ireland ; the officiate of the Dublin cathedrals; the Priors of the Augustinians, Dominicans, and 1 Catalogue of churches, &c. See p. 218. 206 HISTORICAL MANUSCRIPTS COMMISSION. ^SSSKtfo? Hospitallers in Ireland, and of Cartmel, Lanthony, and Tewkesbury; DvBLiir. the Prioress of Grany, in Kildare ; Florentine money-dealers ; and — citizens of Dublin and Limerick. The longest documents in " Crede Mihi"are the regulations, circa A.D- 1217, for ecclesiastics of the diocese of Dublin, and a catalogue of its deaneries, churches, and chapels. To this catalogue some ancient annotations were added, and they were subsequently supplemented with memoranda by Archbishop Alan. All the documents in " Crede Mihi " are included in the following Calendar, which is the first hitherto published of them. 1 Of most of the documents no copies older than those in " Crede Mihi " are accessible, and the originals are not now known to be extant. The manuscript furnishes some of the earliest specimens of the transmutations of Irish local names by Italian and Anglo-Norman scribes. Appended to " Crede Mihi," but in styles of penmanship entirely different from it, are transcripts of the Constitutions of Pope Clement V, with two epistles of Pope John XXII., followed by references to passages in Scripture, titles of Cardinals, and form of oath for Arch- bishops and Bishops. At the time of the Disestablishment of the Protestant Church in Ireland, the " Crede Mihi " manuscript was in the custody of the late Right Rev. R. C. Trench, Archbishop of Dublin, and it is now in the possession of Lord Plunket, his successor in that see. Calendar of Contents of Register styled " Crede Mihi." 1. — " Alexander, Episcopus, Servus Servorum Dei. Venerabili Fratri Laurentio 2 Dublunensi Archiepiscopo, eiusque successoribus canonice sostituendis in perpetuum. Cum teneamur ex debito suscepti regiminis circa universum corpus ecclesie aciem nostre consideration! s extendere," e tc. Letter of Pope Alexender III. to Laurence, Archbishop of Dublin, confirming to him and his successors all the possessions and rights of that See, with metropolitan jurisdiction over the dioceses of Glendaloch, Kildare, Ferns, Leighlin, and Ossory. Lateran, XIL Kal. Maii. In- carnationis Dominice Anno MCLXXVIIII — Fol. 80. 2. « Lucius, Episcopus," etc. " Venerabili Fratri Johanni, 3 Dublunensi Archiepiscopo, eiusque successoribus canonice substitutis in perpetuum. In eminenti Apostolice Sedis specula disponente Domino constituti," e [ Ct Letter of Pope Lucius III. to John, Archbishop of Dublin, con- firming to him and his successors the possessions, rights, and metropolitan Jurisdiction of that See, together with the pallium, etc. — Velletri, Idus Aprilis. Anno MCLXXXIL— Fol. 80b. 3. "Alexander, Episcopus," etc. "Venerabili Fratri, Malcho,. Glennalachanensi Episcopo, eiusque successoribus." — Letter of Pope Alexander III. to Malchus, Bishop of Glendaloch, admitting him and his successors to Papal protection and privileges. — Lateran, iii. Idus Maii, Anno MLXXVIIII.-Fol. 81. 1 For further observations in connection with the manuscript, see Tenth Report of this Commissiou, 1885, page 43. 2 Laurence O'Toole, Archbishop of Dublin, A.D. 1162-1181. 3 John Comiu, Archbishop of Dublin, A.D. 1181-1212. HISTORICAL MANUSCRIPTS COMMISSION. 207 4. - — " Innocentius, Episcopus," etc. " Venerabili Fratri, Henrico, 1 ^heSe oi Archiepiscopo Dublunensi, eiusque successoribus, etc." — Letter of Pope Dublin. Innocent III. to Henri, Archbishop of Dublin, confirming to that See all its existing grants and rights, together with the pallium and licence to have the cross borne before him throughout his diocese. — Perusii, XV. Kal. Junii, Anno MCCXVL— Fol. 816. 5. — " Honorius, Episcopus," etc. _ " Venerabili Fratri, Henrico, Archiepiscopo et dilectis filiis Capitulo Dublunensi," etc. — Letter of Pope Honorius III. to Henri, Archbishop of Dublin, and the Chapter, con- firming- acts of Cardinal Paperon, Apostolical Legate, in reference to the distribution of the pallium and the division of the See and diocese of Glendaloch, together with the grants to the latter, by Henry II. and John, Kings of England. Lateran, II. Non. Octobris. Pontificatus Anno Primo [A.D. 1216].— Fol. 82. 6. — Alexander IV. grants to the Archbishop of Dublin privileges which are to continue during two years. — Anagni, II. Non. Augusti Pontificatus Anno Secundo [A.D. 1256].— Fol. 82. 7. — Alexander IV. confirms the grant which had been made to [Henri] Archbishop of Dublin by John, King of England, in relation to the church of Pencris, and its appurtenances, in the diocese of Coventry and Lichfield. Viterbo, IT. Idus Junii, Pontificatus Anno Tertio [A.D. 1257].— Fol. 826. 8. — Alexander IV. confirms to the Archbishop of Dublin visitatorial and other archiepiscopal jurisdiction in connexion with the Cistercian Monastery, De Valle Salutis [Baltinglas], in the diocese of Leighlin. Anagni, XII. Kal. Maii. Pontificatus Anno Sexto [A.D. 1260].— Fol. 826. 9. — Alexander IV. to Fulco, 2 Archbishop-Elect of Dublin. The Pope intimates that the election of Ralph, Canon of St. Patrick's, Dublin, to the See of Dublin, had been annulled by him. Archbishop Fulco is authorised to retain the treasurership of the church of London, together with all prebends and other benefices which he has hitherto held. Anao-ni, XIII. Kal. Augusti. Pontificatus Anno Secundo [A.D. 1256].— Fol. 826. 10. — Alexander IV. authorises [Fulco,] Archbishop of Dublin, to choose a discreet confessor, with special powers in relation to excom- munications, etc. Viterbo, V. Kal. Augusti. Pontificatus Anno Tertio [A.D. 1257].— Fol. 83. 11. — Alexander IV. to Archbishop of Dublin. The Pope confirms to the See of Dublin the Deanery of the Church of St. Mary of Pencris, in the diocese of Coventry, with its appurtenances and rights. Anagni, II. Non. Novembris. Pontificatus Anno Quinto [A.D. 1259]. —Fol. 83. 12. — Alexander IV. to the Abbot of Tin tern, 3 the Prior of Atthis- sell, 4 and the Archdeacon of Ferns. 5 The Pope has learned from the 1 Henri de Loundres, Archbishop of Dublin, A.D. 1212-1228. 2 Fulco de Sandford, Archbishop of Dublin, A.D. 1256-1271. 3 , 4 In county of Wexford. 5 In county of Tipperary. 208 HISTORICAL MANUSCRIPTS COMMISSION. ^h C ?See S of Archbishop of Dublin that the Justiciary of Ireland infringes on the Dublln. liberties of the church ; that matters affecting ecclesiastics are adju- dicated in the secular courts at Dublin ; and that the King's authority- is used in opposition to that of the Archbishop. The Pope directs that the Justiciary and his counsellors shall be admonished to desist from these courses. Anagni XV. Kal. Aprilis. 1 Pontificatus Anno Sexto [A.D. 1260].— Fol. 83. 13. — Alexander IV. to the Prior of Friars Preachers, the Dean and Archdeacon of Waterford. The Pope, on the representations of the Archbishop of Dublin, directs investigations and proceedings with a view to legal revocation of grants of houses, tithes, rents, lands, possessions, etc. which some of the Archbishop's predecessors had made to Cistercians, Templars, Hospitallers, and others. Viterbo, II. Kal. Junii. Pontificatus Anno Tertio [A.D. 1257]. — Fol. S3b. 14. — Alexander IV. commands the Bishops of Lismore and Water- ford to restrain attempts to prejudice the rights of the See of Dublin, while its Archbishop is engaged with the Pope in relation to its affairs Anagni, V. Id. Marcii. Pontificatus Anno Sexto [A.D. 1260]. — Fol. 836. 15. — Alexander IV. enjoins the Abbot of St. Mary's, Dublin, of the Cistercian Order, to restrain those who attempt to injure the Arch- bishop of Dublin, in his person, goods, or church. Anagni, Id. April. Pontificatus Anno Sexto [A.D. 1260].— Fol. 84. 16. — Alexander IV, grants to the Archbishop of Dublin license to appoint four qualified ecclesiastics to benefices and canonries. Anagni, Id. April. Pontificatus Anno Sexto [A.D. 1260]. — Fol. 84. 17. — Urban IV. requests Henry III., King of England, to check the encroachments which are being made on the rights of the Church by his officials in his territories in Ireland, and especially iu the city, diocese, and province of Dublin. Viterbo, II. Id. Novembris. Pontificatus Anno Primo [A.D. 1261].— Fol. 84. 18. — Urban IV. to Prince Edward, Lord of Ireland, eldest son of Henry III., King of England, on preceding subject. Viterbo, II. Id. Novembris. Pontificatus Anno Primo [A.D. 1261]. — Fol. 85. 19. —Urban IV. to Bishops of Lincoln and Worcester, on preceding subject. Viterbo, II. Id. Novembris. Pontificatus Anno Primo [A.D. 1261].— Fol. 856. 20. — Urban IV. apprizes the Bishop of Dromore and the Prior of the Friars Preachers of Drogheda, of the matters mentioned in the preceding documents, and enjoins them to have recourse, if necessary, to excom- munication and ecclesiastical censures against the officials of the King of England, should they continue their encroachments on the rights of the Church. Viterbo, II. Id. Nov. Pontificatus Anno Primo [A.D. 1264].— -Fol. 86. 21. — Urban IV. to the Priors of the Friars Preachers of Waterford, of St. John's, Kilkenny, and the Archdeacon of Waterford, in relation to 1 This letter, with those here numbered 18 and 20, will be found in "Historical and Municipal Documents of Ireland," 1870, pp. 170, 172, 175. HISTOKICAL MANUSCRIPTS COMMISSION. 209 petition from William, official of the Archbishop of Dublin, concerning ^ H |2J S °* the Dean of Clonfert and adjudication by Bishop of Killala in case Dublin. between the Archbishop of Cashel and the Bishop of Lismore. Viterbo, IV. Kal. Novembris. Pontificatus Anno Primo [A.D. 1264].— Fol. 866. 22. — Alexander IV. to the Archbishop of Dublin, in reference to ecclesiastics holding benefices, in the city and diocese of Dublin, without apostolical dispensations. Lateran, IV. Non. Marcii. Pontiticatus Anno Septimo [A.D. 1261].— Fol. 866. Charters and Grants, as follow, from John, 1 Earl of Moretain, Lord of Ireland : 23. — To the church of St. Patrick, in the suburb of Dublin : the church of Crumlin, to be constituted a prebend. Ware, 4 Ric. I. [1193]. In crastino Sancti Jacobi. — Fol. 87. 24. — To John [Comin], Archbishop of Dublin, and his successors : the Episcopate of Glendalach, with all its appurtenances. 2 Dublin. — Fol. 87. 25. — To the same. A carucate of land which Richard del Tuit held, near the church of St. Kevin, outside the walls of Dublin, etc. Water- ford.— Fol. 87. 26. — To the same. The half-cantred of land of the abbacy of Glen- dalach which is next to the castle of Balimore, etc. Tewkesbury. — Fol. 87. 27. — To the same. The land of Coillacht.— Fol. 876. 28. — To the same. The right to hold an annual fair in the town of Swerdes [Swords], in the Archbishopric of Dublin. Apud War[h]am. In crastino Sancti Jacobi, Apostoh — Fol. 876. 29. — To the same. The right to hold markets on Saturdays at Bali- more. Merleberge. — Fol. 876. See No. 100. 30. -- To the same. The right to hold a fair at Swords. Duplicate of No. 28.— Fol. 876. 31. — To the same. Confirmation of all previous grants to the Arch- bishop of Dublin and his church, with authority to hold courts for administering justice to his men in town and country in Ireland. — Fol. 876. 32. — To Thomas, the Abbot : the Abbacy of St. Peter of Glindelach, with it appurtenances. Merleberge. 3 Ric. I. [1192]. Monday before the Ascension. — Fol. 876. 33. — To John [Comin], Archbishop of Dublin : all ecclesiastical and secular possessions granted to him, his predecessors, and successors. —Fol. 88. 34.— Henry II., King of England, grants to his cleric, Thomas, the Abbacy of Glendalach, with its appurtenances, possessions, etc. Gilde- ford.3— Fol. 88. 1 These instruments were executed before A.D. 1199, in which year John became King of England. Where dates are not given, the documents are undated in the MS. 2 This grant differs from that numbered 41, on the same subject. 3 Guildford, Surrey, was visited by Henry II. in December, 1 184, and in the same month in 1186. o 84068. 2T0 HISTORICAL MANUSCRIPTS COMMISSION. -^cijives of 35:— John, King of England, and Lord of Ireland, confirms to the TI Dublijt? F church of St. Patrick, in the suburb of Dublin, the grant which he had — previously made to it of the church of " Crumelyn." Winchester,, 26th June, 17 John [A.D. 1215].— Fol. 886. See Nos. 23 and 143. Charters and Grants from Henry III. : 3b\ — To Luke, 1 Archbishop-Elect of Dublin, and his successors: grant for disforestation of Coillacht and other lands. Westminster, 8th Nov. 14 Hen. III. [A.D, 1229]. -Fol. 886. 37. — To the same. Inspeximus and confirmation of grant 2 made by John, Earl of Moretain, the King's father to John [Comin] sometime Archbishop of Dublin. Beading, 13th April. 14 Hen. III. [A.D. 1229].— Fol. 88-89. 38. — To the same. The town of Stagunnynge, with its appurtenances. Merleberge, 26th Sept. 18 Hen. III. [A.D. 1234].— Fol. 89. 39. — To the same. Weekly market at the Archbishop's manor of Stachgunnild, and- an annual fair at Balimore. Beading, 30th Sept. 18 Hen. III. [A.D. 1234],— Fol. 89. 40. — Confirmation, to the church of the Holy Trinity, Dublin, of exchange authorised by King John, in relation to the land and castle of Oconach. Woodstock, 4th Feb. 35 Hen. III. [A.D. 1250-51].— Fol. 89. Charters and Grants from John, Earl of Moretain, Lord of Ireland : 41. — To John [Comin], Archbishop of Dublin, and his successors : the bishopric of Glendalach. Nottingham, Feast of Nativity of St. John the Evangelist [24 June]. 4 Bic. I. [A.D. 1193].— Fol. 896. 42. — To the same. The custody of all of Earl John's forest in Leinster, of which Bichard Tyrel was keeper. — Fol. 896. 43. — To the church of St. Patrick, in the suburb of Dublin : the church of Trum [Trim]. "Apud Warham, in crastino beati Jacobi, Apostoli," 4 Bic. I. [A.D. 1193].— Fol. 896. Grants from Earl Bichard Fitz-Gislebert, 3 Deputy in Ireland for Henry II. : 44. — To his cleric, Thomas : the abbacy and "personatus " of Glindalach,. with its appurtenances and lands. — Fol. 896. 45. — To Aldred Gulafre. The carucate of land called Dochlon, with its appurtenances. — Fol. 90. 46. — Bichard del Peec grants to John [Comin], Archbishop of Dublin, five carucates of land in Odrona, near the Abbey of Belcunglas (Baltinglas).— Fol. 90. 47. — Hugo de Lacy 4 grants to the church of the Holy Trinity and John [Comin], Archbishop of Dublin, the town of Liskilly, with ten, carucates of land. — Fol. 90. 1 Archbishop of Dublin, A.D. 1228-1255. 2 See No. 31, p. 209. 3 These grants were made between A.D. 1172 and 1176. FitzGislebert died in the latter year. 4 Hugh de Lacy was killed A.D. 1186. HISTORICAL MANUSCRIPTS COMMISSION. 48. — Walter de Sernesfeld grants tithes of his lands to the Church Archives op of the Holy Sepulchre, Dublin.— Fol. 90. T USJSrf* 49. — William FitzAldelm, 1 " Dapifer " of the King of England, con- firms to Aldred Gulafre the land called Daglun, which Earl Richard FitzGislebert had granted to him. — Fol. 906. 50. — J ohn de Clahella grants to the church of the Holy Trinity, and the Archbishop of Dublin, the lands of Thacnehy. — Fol. 906. 51 .-—The Countess Eva, heiress of King Dermod, 2 ratifies to the church of Dublin, and its Archbishop, John [Comin], all the possessions and charitable donations, ecclesiastical and lay, which had been granted to them by John, Earl of Moretain, and " good men of Leinster." — Fol. 906. 52. — Walter, son of Aldred Golafre, grants to Henri, Archbishop of Dublin, all his rights and claims in the lands of Daclan, which had belonged to his father, Aldred. — Fol. 906. 53. — Richard de Burgo grants to the church of Dublin and its Arch- bishop, Henri, the cantred of Menevy, in Connacht, at an annual rent of ten marks sterling. 3 — Fol. 906. 54. — Philip, son of Rys, grants to Murkirtah Otothel the lands of Garfclon, Clondangen, etc. — Fol. 906. 55. — John [Comin], Archbishop of Dublin, on the petition of John de Clahalla, installs Turstan de Hampton in churches in Leighlin, during the vacancy of that See. — Fol. 91. Grants from William Mareschal, senior, Earl of Pembroke [A.D. 1189-1219] : 56. — To the church of the Holy Trinity, Dublin, and the Archbishop, Henri, five carucates of the land called Strabo, in Fothered. — Fol. 91. 57. — To the church of St. Kevin, Dublin, and M[alchus], Bishop of Glendalach, the lands of Clarthyaune, Bogeryn, and ten carucates in Wykingelow, with " nativi." — Fol. 91. 58. — Henri, Archbishop of Dublin, grants to Helyas de Coityf one carucate of land in Derroth and Scobach. — Fol. 91. 59. — The citizens of Limerick grant to the church of the Holy Trinity, Dublin, and Archbishop Henri, Legate of the Apostolic See, a carucate of land near Castell Blathach, being one of the forty carucates which John, sometime King of England, had given to them. — Fol. 916. 60. — M[alchus], Bishop of Glendalach, grants to John [Comin], Archbishop of Dublin, Rathcriaig, Kellynee, and Kellepscoip Edain, with their appurtenances, in exchange for Kellmaccabirn and other lands.—Fol. 916. 61. — Laurentius Utothail grants to the Convent " de deserto Sancti Cemgini," the lands called " Tir meicc i, etc." — Fol. 916. 1 Governor in Ireland for Henry II., A.D. 1177. 2 Mac Murchad or Mac Murragh. 3 This copy does not contain the names of the attesting witnesses, which are appended to another transcript of the same document numbered 135, at fol. 104 of the MS. o 2 212 HISTORICAL MANUSCRIPTS COMMISSION. archives of 62. — Prior Robert and the Convent of the Holy Trinity, Dublin, grant T D^bl?n.° F to Luke, Archbishop of Dublin, the sum of two marks annually, tr*m the — lands of Stagcloch and Coillach, in compensation for a similar amount which the Archbishop and his predecessors used to receive from the Prior and brethren of Kilmaynan for land in the tenement of Coillach. All Saints Day, A.D. 1248.— Fol. 916. 63. — R[obert], Abbot and Convent of St. Mary, near Dublin, grant to Henri, Archbishop of Dublin, annual rents in that city, in exchange for land of Rathukenan. 1 -— Fol. 92. 64. — Agreement between the Prior and Convent of Lanthony, Glou- cestershire, and John [Comin], Archbishop of Dublin, in relation to churches, chapels, and tithes of the lands of Ockadesi, in diocese of Dublin.— Fol. 92. 65. — Statement by Abbot Gaugerius and Convent of Citeaux, in relation to arrangements between their house and Henri, Archbishop of Dublin, and his successors. A.D. 1223.— Fol. 92. 66. — Abbot Peter and Convent of Tewkesbury grant to Henri, Arch- bishop of Dublin, the land of Othach, in the port of Lissemor, which had been bestowed upon them by John, Earl of Moretain. — Fol. 92b. 67. — Compact between the Archbishops of Dublin and Cashel, and their suffragans, to maintain the liberties and possessions of their Sees against the Archbishops of Armagh, especially in relation to the Primacy. —Fol. 92b. 68. — Luke, Archbishop of Dublin, and the Chapters of the Holy Trinity and of St. Patrick's grant to Maurice FitzGerald, Justiciary of Ireland, their manor of Occonach, in Munster. V. Kal. Februarii, A.D. 1242. Fineglas.— Fol. 93. See No. 78. 69. — Reimund de Karreu, junior, sets to Archbishop Luke, for twenty- four years, from Michaelmas in the twenty-seventh year of Henry HI. [A.D. 1243], a carucate of land in his tenement of Stachlorgan, near Dundrum, Dublin, at an annual rent of tw 7 enty shillings. — Fol. 93. 70. — Final agreement between Archbishop Henri, and the citizens of Dublin, in relation to a common pasturage. 7 Hen. III. [A.D. 1222-3.] —Fol. 93. 71. — Agreement between Archbishop Henri and the citizens of Dublin, for the settlement of hitherto existing disputes. 2 9. Hen. III. [A.D. 1224-5.]— Fol. 936. 72. — Grant of twenty carucates of the land of Ucunil to John [Comin], Archbishop of Dublin, from Hamo de Valognes, in consideration of injuries inflicted on the church of Dublin by him and his men, while he was Justiciary of Ireland. — Fol. 94. 73. — Robert de Liuet grants the Church of St. Nicholas, near Barewe, 3 to W[illiam], 4 Bishop of Glendalach, and the Abbot of St. Thomas, Dublin.— Fol. 94. 74. — D[onal] Macgilleholmoc and his wife, Dereuorguil, grant to the Church of St. Machotus, of Clond[olcan], land near Macdelewein, which their ancestors held — "ante conquisitionem Hibernie ab Anglicis." — Fol. 94. 1 See Chartularies of St. Mary's Abbey, Dublin, vol. i., p. 181 . Rolls series, 1884. 2 See " Historical and Municipal Documents, Ireland," 1870, p. 80. a River Barrow, Leinster. 4 William Piro or Pirun, Bishop of Glendaloch, circa A.D. 1192-1214. HISTORICAL MANUSCRIPTS COMMISSION. 213 75- — Henri, Archbishop of Dublin, grants to Slauus de Mohaud, ^^^eeo? sixlj-s^yen acres in the manor of Tauelach (Tallaght). — Fol. 94. Dublin. 76. — Stephen de Hereford, and his wife, Matilda, renounce, in favour of Archbishop Henri, their claim to the land of Sleuardach, 1 which that Archbishop had given as a portion with his niece, the said Matilda. — Fol. 94. 77. — Agreement between John [Comin], Archbishop of Dublin, and William, Lord of Naas, in reference to boundaries at Rathmor and Balimor.— Fol. 94. 78. — Hugo Tyrel renounces his claim in the cantred of Okonauch, in favour of Luke, Archbishop of Dublin. — Fol. 946. See No. 156. 79. — Patrick, Sub- Prior, and the Convent of the Holy Trinity, Dublin, grant their rights in Porrachelyn, 2 the island of Lambay, etc., to Archbishop John [Comin], in exchange for Tilach and other lands.— Fol. 946. 80. — The Bishop of Louth renounces claim on church of All Saints, outside Dublin, in favour of John [Comin], Archbishop of that See. — Fol. 946. 81. — Manasser Arsich grants to Henri, Archbishop of Dublin, five knights' fees in Slefardach. 3 — Fol. 946. 82. — Agreement between William, Bishop of Glendalach, and William Mareschal, Earl of Pembroke, in relation to lands in Tristil- dermod, etc. — Fol. 946. 83. — Final agreement, made in the Court of Prince Edward at Dublin, by Fulco, 4 Archbishop of Dublin, with John le Clerc, Worgan le Juuene, David le Norreis, William FitzSimon, and others, in reference to land in Glinmethan and Rathcul. 5 46 Hen. III., A.D. 1262.— Fol. 95. 84. — Final agreement between Luke, Archbishop of Dublin, and Henry Prode, relative to a carucate of land in Dilgeny. 26 Hen. III., A.D. 1242.— Fol. 95. 85. — Final agreement between Archbishop Fulco, and Adam de Bedeford, on rents and lands in Typerkevin. 48 HenrvIK., A.D. 1264. —Fol. 956. 86. — David de Saint Michel and his wife, Agatha, quit claim on their tenement in Typerkevin, in favour of Archbishop Fulco. — Fol. 956. 87. — Final agreement between Robert Pynel and Archbishop Fulco, relative to a carucate of land in Balyhinan. — Fol. 956. 88. — Final agreement of William de Waspayl and his wife, Emma, with Archbishop Fulco, on lands and rents in " villa Trussell." 48 Hen. III., A.D. 1264.— Fol. 956. See Nos. 106 and 110. 89-90. — Final agreement between Archbishop Fulco, and John de Wyeumbe, in relation to lands in Glinniethan. 43 Hen. III., A.D. 1259. — Ff. 956-96. 91. — Final agreement between Archbishop Fulco, and Walter Dun, relative to land in Clonmethan. 46 Hen. III., A.D. 1262. — Fol. 96. 1 3 Sliabh-ardacha, Slieveardagh, county of Tipperary. 2 Portrane, county of Dublin. 4 A.D. 1256-1271. 5 Rathcoole, county of Dublin. 214 HISTORICAL MANUSCRIPTS COMMISSION. Archives of 92. — Statement by Roger, Prior of Ker[t]mel, ! on possessions and rights Dublin * * n Kilros 2 appertaining to Archbishop Fulco. Kilros, St. Andrew's — ' Day, A.D. 1264.— Fol. 966. 93. — Nicholas Russell grants to Archbishop Fulco a burgage and lands in Swerds (Swords). — Fol. 966. 94. — Jordan le Esuek grants his lands in the city of Dublin, and elsewhere in Ireland, to Fulco, Archbishop of Dublin, " Primate of all Ireland."— Fol. 966. 95. — Agreement by Oliver le Gras to quit claim on land at Pencris, on receipt of one hundred marks, for which sum it was assigned to him as surety by Archbishop Fulco. Dowisky. 3 VI. Id. Marcii, Anno Gracie MCCLXVI.— Fol. 966. 96. — Nicholas Russell quits claim on burgage and lands at Swerdes, in favour of Archbishop Fulco. — Fol. 966. 97. — Michael Walensis, Treasurer of the church of St. Patrick, Dublin, quits claim on messuage in town of Balimor, held by him for life, under grant from Luke, Archbishop of Dublin. — Fol. 966. 98. — Adam, son of Hugo, grants to Archbishop Fulco, thirty-five acres of land in Nova Villa. — Fol. 97. See No. 81. 99. — John, son of Alexander Arsick, grants to Archbishop Fulco, a tenement in Sleuardach. — Fol. 97. 100. — John, Lord of Ireland, Earl of Moretain, grants to the Archbishop of Dublin right to hold markets on Saturdays in his town of Balimor. 4 Portsmouth. — Fol. 97. 101. — Bond from Adam de Budeford for payment of twenty pounds annually to Archbishop Fulco, until the coming of age of Agatha, daughter and heiress of Meyler Othothil, in consideration of a grant of the wardship of her land and marriage. 14 February, eighth year of Archiepiscopate of Fulco. [A.D. 1264-5.]— Fol. 97. 102. — Statement by Roger, Prior of Kertmel, relative to arrange- ments with Archbishop Fulco, in connection with manor and church of Kilros. Kilros, St. Andrew's Day, A.D. 1264.— Fol. 97. See No. 119. 103. — Agreement between Archbishop Fulco and the Canons of Disert Saint Kevin. X. Kal. Sept., A.D. 1263.— Fol. 97. 104. - -Quit-claim from John Gerard, of Balidude, to Archbishop Fulco, on thirty acres of land in Tauelacht (Tallaght). — Fol. 976. 105. — Agreement between Archbishop Fulco and Bertram, son and heir of Robert de Nugent, relative to the manor of Mayn. — Fol. 976. 106. — William Waspayl, knight, and his wife, Emma, quit claim on lands in " villa Trussell," in favour of Archbishop Fulco. — Fol. 976. 107. — Luke, Archbishop of Dublin, grants to Thomas de London, fifteen acres of land in Swerdes. — Fol. 98. 108. — John Tailleburgh, and his wife, Margaret, with others, quit claim to land in the town of Adkip, in favour of Archbishop Fulco. — 44 Hen. III., A.D. 1259-60.— Fol. 98. 1 Cartmel, Lancashire. 2 Kilrush, in the county of Kildare. a Duissk or Graigenemanagh, county of Kilkenny. 4 This grant differs from that on the same subject under No. 29. HISTORICAL MANUSCRIPTS COMMISSION. 215 109. — Notification, by Archbishop Fulco, of appointment of Philip ^i^hives de Gerney to the vicarage of the church of Kilculyn, on presentation Dublin by Prior and Convent of Holy Trinity, Dublin. Feb. A.D. 1266.— — Fol. 98. 110. — Engagement from William Waspeyl and his wife, Emma, to Archbishop Fulco, relative to land in "villa Trussell." 3 July, 48 Hen. III., A.D. 1264.— Fol. 98. See No. 88. 111. — Acknowledgment, by Koger Stocard, of debt of twenty-seven shillings of silver to Archbishop Fulco. Swerdes, A.D. 1260. — Fol. 98b. 1 12. — Hugo de Hylun grants to Archbishop Fulco an annual rent of fourteen shillings of silver out of the lands of Farkeel, in the tenement of Coillacht.— Fol. 986. 113. — Acknowledgment, by the Prioress, Amicia, and the Convent of Grane, 1 of debt to Archbishop Fulco, in relation to suit connected with the church of Balymacdon. A.D. 1260.— Fol, 98b. 114. — Muriarthauch Otothel grants to Archbishop Fulco the lands of Garfclon, Clondangen, etc. in exchange for others. — Fol. 99. 115. — Agreement between Archbishop Fulco and Henry de Gorham concerning land of Bertram, son of Kobert Nugent, of Mayn.— Fol. 99. 116. — Acknowledgment of debt of forty pounds sterling to Fulco, Archbishop of Dublin, by Roisia Longespee, 2 relict of Lord William de Dene, 3 sometime Justiciary of Ireland. IV. Kal. Augusti, 1262. —Fol. 99. 117-18. — M. de Ewyas, Prior of the Hospital of St. John of Jeru- salem in Ireland, petitions Henri, Archbishop of Dublin, to sanction his presentation of Henry, cleric of the Earl of Pembroke, to the church of Stachfythenan : Inspexinius by Fulco, Archbishop of Dublin, 3 Non. Februarii [A.D. 1259-60], third year of his Pontificate.— Fol. 996. 119. 4 — Agreement between Prior Roger, the Convent of Kertmel, and Archbishop Fulco, relative to the manor and church of Kilros. A.D. 1264.— Ff. 996-100. See No. 102. 120. — Richard de St. Martin, Dean, and the Chapter of St. Patrick's, Dublin, ratify the arrangements in connexion with their lands and rights, as specified in the instrument, here recited, of Archbishop Fulco, dated V. Id. Januarii, in the eleventh year of his Pontificate [A.D. 1267-8].— Fol. 1006. 121. — Prior Boger and the Convent of Ker[t]mel release Archbishop Fulco from ten pounds of the annual amount due to them for the manor ■and church of Kilros. Ker[t]mel, A.D. 1266.— Fol. 101. 122. — Letter from Cardinal Otho, Legate of the Apostolic See, to the Bishops of Lismore and Waterford. on application from the Arch- bishop of Dublin, in reference to interference of the Mayor and citizens 1 Grany, in county of Kildare. 2 Estienne "de longe espee," Justiciary in Ireland, A.D. 1260-1261. 3 His death occurred A.D. 1261. 4 A line is drawn through this article in the MS. 216 HISTORICAL MANUSCRIPTS COMMISSION. Ahchives^of there with contributions for religious objects. 1 London, II. Kal. Marcii, T DuBLnr° F hi the third year of the Pontificate of Pope Clement IV. [A.D. 12681 — — Fol. 101. 123. — Agreement between Archbishop Fulco and Joseph Fitz William, concerning land in tenement of Tauelach. A.D. 1266. — Fol. loid: 124. — Cyno, son of James de Sancino, citizen and merchant of Florence, of the Company of Riky, acknowledges to have received one hundred pounds of new sterlings from Fulco, Archbishop of Dublin, which the latter was bound to pay in the house of the Knights of the Temple, London. 2 Dublin, A.D. 1266.— Fol. 1016. 125. — Chino, son of James de Mancino, acknowledges to have received five hundred and fifty marks of new sterlings from Archbishop Fulco, due and payable in the house of the Knights of the Temple, London. 3 Dublin, A.D. 1266.— Fol. 1016. 126. — Letter from Synicius, Clerk of the Papal Chamber, to the collectors of the tenths in Ireland under authority of Henry III., King of England, in reference to the payment of seven thousand marks to the Pope. London, VII. Kal. Septembris, 1267.— Fol. 102. 127. — Letter from Clement IV. to Archbishops, Bishops, and others, to receive and aid the bearer, Leo de Buzan, the Pope's Cursor, who is employed on the affairs of the Roman Church. Viterbo. Non. Julii. Pontificatus anno secundo [A.D. 1267].— Fol. 1026. 128. — Settlement by Luke, Archbishop of Dublin, of controversy between William de Norfeld, Archdeacon of Dublin, and the Prior and Convent of the Holy Trinity there, relative to the church of Rathfernan and the titles of the tenement of Dunavet. — Fol. 1026. 129. — Agreement between the Prioress and Convent of Grane and Richard de St. Martin, relative to church of Turvie. — Fol. 103. 130. — Ordinance by Luke, Archbishop of Dublin, for augmentation of stipend to the Vicar of the church of Swerdes. — Fol. 103. 131. — Acknowledgment by Eudo, Precentor, and the Chapter of St. Patrick's, Dublin, of obligation to pay forty shillings yearly to Roger Oweyn, of that city. Non. Octobris, A.D. 1275. — Fol. 1036. J 32. — Ordinance by Luke, Archbishop of Dublin, requiring that Canons of St. Patrick's Cathedral shall, within a year after appointment, attend there in person and take the prescribed oaths. 4 Clondolkan, A.D. 1247.— Fol. 1036. 133. — Instrument by Thomas, 5 Dean of St. Patrick's, Dublin, in reference to dispute between the Chapter of St. Patrick's and William de Ley, and others, concerning house in suburb of Dublin. — Fol. 1036. 134. — Grant, from Henry de London, of his messuage at Dublin to Archbishop Fulco. — Fol. 104. 1 , 2 , 3 See "Historical and Municipal Documents of Ireland," 1870, pp. 166, ISO. 4 The entries from No. 132 to 139 are in a different hand from the preceding, and are much faded. 3 Thomas de Chaddesworth, Dean, A.D. 1284-1311. HISTORICAL MANUSCRIPTS COMMISSION. 217 135. — Grant, from Richard de Burgo, of the cantred of Monewy, in ^^^Eso-g Connacht, to Henri, Archbishop of Dublin. — Fol. 104. See No. 53. Dublin. 136. — Tnspeximus by John de Chamerham, Papal chaplain, of letter from Pope Alexander [IV.] to Bishop of Waterford, in relation to Prior and Convent of St. Mary's of Kenles, in the diocese of Ossory, of the Order of St. Augustine, dated at Viterbo, V. Kal. of Feb. [A.D. 1258-9] 4th year of Pontificate.— Fol. 1046. 137. — Recital, by John, Papal chaplain, of letter of Pope Alexander [IV.] to Bishop of Ferns, in reference to archiepiscopal visitations. Viterbo, V. Kal. Feb. [A.D. 1258-9] 4th year of Pontificate.— Fol. 1046. 138. — Statement by Robert de Schardelowe, of having exhibited to Archbishop Fulco a charter from Radulph Blund, of Clafford, relative to lands of Clynmethan, etc. — Fol. 105. 139. — Grant of land in Swerdes, etc. from Robert Fitz Roger, Canon of St. Patrick's, Dublin, to Archbishop Fulco.— Fol. 105. 140. — Regulations for ecclesiastics of diocese of Dublin, circa A.D. 1217, commencing as follows : — " Rectores ecclesiarum et universi quibus incumbit regimen animarum plebes sibi commissas exemplo bono conversationis et verbo exhortationis in fide recta et bonis moribus diligenter instruant et informent. Ut autem Hberitts et efficacius otficium impleant exhortantis, universi curam habentes animarum ecclesiasticis officiis et aliis studiis se exerceant et orationibus et lectionibus jugiter intendant. Sint pudici, virtutum operatione preclari, humilitate prediti, pacifici, annunciantes bona, dis- sentiones, rixas et scandala resecantes. Ab illicitis spectaculis se abstineant et precipue torneamentis, luctis, et aliis ubi sanguinis effusio poterit formidari, tabernas et inhonesta convivia non frequentent. Extranearum fugiant consortia feminarum et omnium ex quarum cohabitatione sinistra suspicio poterit exhauriri. Si quis, autem, de incontinentie vicio eraviter diffamatus, non poterit canonice se purgari habebitur pro convicfo. Convictis vero vel in jure confessis, fructus beneficiorum seu stipendia subtrahantur, donee inde nostram gratiam consequantur." — Fol. 106. These regulations conclude as follows, at fol. 108 : — " Adjicimus eti?m quod questuarii per civitatem vel diocesim Dublin nullo locorum admittantur quorumcunque questuarii existant, nisi litteris nostris patentibus muniantur. Quibusquidem questuariis officium predicandi penitus interdicimus. Expositione autem sui negotii tantum contenti permaneant." 141. ^Letter from Henry III. to Richard de Burgo, Justiciary in Ireland : recital of King's charter to Luke, Archbishop-elect of Dublin, for disforestation of lands and exemption from forest exactions. North- ampton, 4 December, 1[4]. Henrv III. [A.D. 1229].— Fol. 103. See No. 36. 142. — Confirmation, by Richard, 2 Archbishop of Dublin, of arrange- ment made by his predecessors in reference to the church of St. Patrick, Dublin. Swerdes, A.D. J 304— Fol. 1086. 1 Marked 150 in the MS. The error is corrected here and in connexion with the subsequent numerations. 2 Richard de Feringes, Archbishop of Dublin, A.D. 1299-1306. 218 HISTORICAL MANUSCRIPTS COMMISSION. xSSSPo:? H3.— Charter from John, King of England, by which he confirms his Dublin. former grant of the church of Crumlin to the church of St. Patrick, — Dublin [A.D. 1215].— Fol. 1086. See No. 35. 144. — Letter from Cardinal Otho, Legate of the Apostolic See, to Archbishops, Bishops, Abbots, Priors, Deans, Archdeacons, Prelates, and other ecclesiastics in Ireland. The Legate summons the Prelates and others to come to him in person at the ensuing feast of St. Michael. London, Non. Julii. Third year of the Pontificate of Clement IV. [A.D. 1268].— Fol. 109. 145. — Letter from Cardinal Otho to the Archbishop of Dublin and the Bishop of Ferns, requiring them, with others, to attend on him within the octave of the ensuing Easter. Winchester, Kal. Jamiarii. Third year of Pontificate of Clement IV. [A.D. 1268].— Fol. 109. 146. — Names of the churches and chapels in the following deaneries of the diocese of Dublin j City of Dublin 1 ; Tachnehy [Taney] ; Swerdis [Swords]; Balimor ; Bre [Bray]; Wykinlo [Wicklow] ; Arclo [Arklow] ; Tristildermot [Castledermot] ; Adthy [Athv] ; and De Saltu Salmonis [Salmon Leap].— Ff. 109-13. 147. — Brief memoranda relating to the Kings of England, from William the Conqueror to Henry III. — Fol. 1136. 148. — Agreement between John, Archbishop of Dublin, and William, Lord of Naas. in relation to boundaries at Bathmore. — Fol. 1136. [Oblit.] 149. — Grant of land in Clonmackargill from Richard Tyrell to John de Kylpech.— Fol. 1136. [ObliW] 150. — Transcript of part of Scriptural treatise.-— Ff. 114-15. 151. — Walter de Bodehame, with the assent of Thecla, his wife, grants land at Lusk to Fulco, Archbishop of Dublin. 2 — Fol. 1 156. 152. — Alexander, 3 Archbishop of Dublin, grants to Thomas Occle a messuage and land in Portrathryn (Portrane). Swerd, loth April, 1347.— Fol. 1156. 153. — Robert de Lyuet grants to William, Bishop of Glindalach, and the Abbot of the house of St. Thomas, Dublin, the church of St. Nicholas in his land near Barowe. — Fol. 1156. See No. 73. 154. — William Mareschal, Earl of Pembroke, confirms to Henri, Archbishop of Dublin, five carucates of land near Lechlyn, which had been previously granted to the church of Dubliu by Richard del Pek. 4 — Fol. 1156. 155. — Notification, by Prior and Canons of the church of Glendalach of grants made to them by Fulco, Archbishop of Dublin. — Fol. 116. 156. — Statement addressed by Hugo Tyrell to Maurice FitzGerald, Justiciary of Ireland, and the King's Justices itinerant there, leciting grant to Luke, Archbishop of Dublin, of claims in the cantred of Okconnauth.— Fol. 116. See No. 78. 157. — Alanus de Batoniis grants his possessions at Villa Walensis, Corbaly, etc. to Archbishop Fulco. — Fol. 116. 1 In this section are included the religious establishments at or near Dublin. 2 The writing on 1156, 116 and 1166 is irregular and much faded. 3 Alexander de Bicknor, Archbishop of Dublin, A.D. 1317-1349. 4 See No. 46. HISTORICAL MANUSCRIPTS COMMISSION. 219 158. — John de la gren, of Fynglas, grants half an acre of land to Archives of Archbishop Fulco.— Fol. 1 16. [Oblit.] T Du5?».° P 159. — Surrender, by William Fitz Albyn, of seventy acres of land in Balislaicthyr and Clonard. — Fol. 116. 160. — Nicholas Kuffus grants his land of Balyrochgane to Archbishop Fulco.— Fol. 1166. [Oblit.'] Part II. i. — Constitutions of Clement V., promulgated by John XXII., com- mencing as follows : — "Johannes, Episcopus, Servus Servorum Dei, dilectis filiis doctoribus et scholaribus universis ubique commorantibus salutem et Apostolicam benedictionem : Quum nulla juris sanctio quantumcunque perpense digesta consilio ad humane nature varietatem et machination es ejus inopinabiles sufficit, nec ad decisionem lucidam sue nodose ambiguitatis attingit, eo presertim quod vix aliquid adeo certum clarumque statuitur quin ex causis emergentibus," etc. Avignon, Kal. Nov. second year of Pontificate [A.D. 1318.]— Ff. 117-35. ii. -iii. — Letters from Pope John XXII. in reference to plurality of benefices, etc. Avignon, VIII. Kal. Nov. and XIII. Kal. Dec, second year of Pontificate, and Kal. Dec, seventh year of Pontificate. [A.D. 1318-1323].— Ff. 1356, 136. iv. — Scriptural references. — Fol. 1376. v. — Titles of Cardinals. Undated. — lb. vi. — Form of oath for Archbishops and Bishops. — lb. ARCHIVES OF THE SEE OF OSSORY. — RIGHT REV. W. PAKE NH AM WALSH, D.D., BISHOP OF OSSORY, FERNS, AND LEIGHLIN. — By JOHN T. GILBERT. The chief of these manuscripts is entitled "Liber Ruber diocesis ^x^jsii o£ Ossoriensis," the "Red Book of the diocese of Ossory." The primary Ossory. parts of this volume appear to have been written in the fourteenth century, when Richard de Ledrede or Lederede was Bishop of Ossory, an extensive district, of which Kilkenny is the principal town. Lederede, an English member of the Order of St. Francis, was consecrated Bishop of Ossory, in 1316, according to a memorandum in the " Red Book." 1 Some authorities, however, assign his appointment to 1318. Soon after his installation he presided over a synod of the diocese of Ossory, the acts of which are registered in the " Red Book." By command of Edward II. he caused a "taxation " or valuation of the diocese to be made, which is copied in this manuscript, and may be 1 See Appendix Ia., p. 233. 220 HISTORICAL MANUSCRIPTS COMMISSION. Archives of assigned to 1319 or 1320. In 1324 Bishop Lederede prosecuted for T ^fssoRT.° F heresy and sorcery Dame Alice Kiteler 1 of Kilkenny and her associates, — one of whom was condemned and burned. Circumstances connected with this prosecution and other transactions involved Lederede in contentions with administrators of the English Government in Ireland. Among these was Alexander de Bicknor, Archbishop of Dublin, who publicly excommunicated him, and exacted heavy contributions 2 from the clergy of Ossory, over whom he asserted metropolitical jurisdiction. Lederede brought many charges against De Bicknor, and having appealed to the Holy See, was by Pope Clement VI. in 1347 absolved from excom- munication. After numerous difficulties and an absence of several years, Bishop Lederede returned to his diocese. He died in 1360, and was interred in the cathedral of St. Canice, Kilkenny, which he furnished with many decorations and a window of large dimensions, containing an elegantly executed series of representations of the life of our Saviour in stained and painted glass. The fragments of this window, which was demolished by Cromwellian soldiers, were found in 1846, during the progress of excavations at the cathedral. The " lied Book of the diocese of Ossory " is composed of stout vellum, and contains eighty leaves and portions of two leaves. It is of small folio size, 3 bound in oaken boards covered with leather, now partly decayed. In addition to transcripts of instruments connected with the diocese of Ossory, the volume contains copies of documents relative to the government of Ireland and miscellaneous writings, inserted at various periods terminating in the reign of Queen Elizabeth. It is styled the most ancient book of the church of Ossory in a Latin entry on its first page, signed by Richard Connell, Notary Public and Prin- cipal Registrar of that diocese, A.D. 1679. The manuscript has neither ornamentation nor colouring; some of its pages have suffered from chemical applications, and portions of others are obliterated and nearly illegible. The leaves are marked throughout in Arabic numerals. An error in the numeration occurs after the seventeenth leaf, the one fol- lowing which is also numbered 17. After the fifty-third leaf there is a chasm, the extent of which cannot be accurately defined. The deficiency is not indicated by any note in the manuscript, and the leaf following 53 is numbered 54, as if the matter were consecutive. This defect, hitherto overlooked, existed, no doubt, when the book was placed in its present binding, probably towards the close of the sixteenth century. After fol. 55 there is a small narrow remnant of the blank inner margin of an absent leaf, and, without any reference to this gap, the succeeding page is numbered 56. Of the sixty-eighth leaf a portion only remains. On the final leaf, which follows that numbered 78, appears an entry dated 14 July, 1577, in which William Gerrarde, Chancellor of Ireland, noted that there were " in this book seventy-six leaves and a half leaf." The latter probably referred to fol. 68, above mentioned, but how this com- putation of the total was made is not apparent. With the exception of a few articles in French, and the English and French lines hereafter noticed, the contents of the " Red Book" are in Latin. The articles, entries, and documents are, for the most part, undated. They are not arranged in any regular order, but may be classed as follows : 1 See " Chartularies of St. Mary's Abbey, Dublin," ii. exxxiii. Roll series, 1884. 2 This subject is referred to at fol. 24b. of the " Red Book." See p. 225. 3 The leaves are twelve inches in length, and about eight inches and a half in breadth. HISTORICAL MANUSCRIPTS COMMISSION. 221 Acts of synods of Dublin and Ossory in the fourteenth and sixteenth Archives op THE SRB OF centuries, taxations and rentals of the latter diocese at various periods. Ossory. Documents connected with the Bishops of Ossory, their transactions — and rights. Ordinances and enactments relating to government in Ireland in the fourteenth and fifteenth centuries. Religious verses ascribed to Richard Lederede, Bishop of Ossory above noticed. Miscellanea not specially connected vyith Ossory. Bulls from Popes Adrian IV. and Alexander III. to Henry II. in relation to Ireland ; " Magna Carta" of Henry III.; Statutes of England in the thirteenth, and fourteenth centuries, treatises on " aqua vitas " and other " waters" ; directions for making " nectar ; " French verses on the " proverbs of the Sibyl," with Latin extracts from the Scriptures, ' c Grregorius," u Cato," and Seneca. The acts of the synods of Dublin and Ossory, entered in this manuscript, were published early in the last century by David Wilkins in the second and third^ volumes of " Concilia Masrnae Britanniae et Hiberniae." Wilkins mentioned that he printed the documents from transcripts. These would appear not to have been accurate, as may be seen by a comparison of the extracts in our Appendix I., from the " Red Book," with the publication of Wilkins. In connexion with the synod held by Bishop Lederede there is extant in the " Red Book " a partly obliterated entry printed in our Appendix Ia. Of the taxations of the diocese of Ossory in the " Red Book," the earliest is that stated in the heading to have been entered as found by Bishop Lederede in registers at the Roman Court and at London. It occupies nine pages of the manuscript, in columns, and is undated, but may be assigned to 1306. The taxation of the diocese, made circa 1320, by Bishop Lederede, under royal command, after the war of Bruce in Ireland, is written in more compact style. It occupies six pages in tabular form and will be found in our Appendix II. Under the nine deaneries of the diocese are enumerated one hundred and twelve churches and chapels, with the amount of the valuation, tithes, and procuration of each. The following in relation to the see of Ossory are also given in our Appendix : Agree- ment with Abbey of St. Augustin, Bristol, 1395-6 (IX.) ; Compact con- cerning vestments, 1388 (XI.) ; instruments on the rights of the Bishops in the Irish town, Kilkenny, 1372-98 (XII.) ; and statement on the latter subject by Oliver Cantwell, Bishop, 1-187-1526-7 (XIII.). The ordinances and statutes, made " for the common profit of the land of Ireland," by the council of the King of England at Dublin and Kilkenny, in 1351, extending over nine pages of the M Red Book," but imperfect at the close, are given in Appendix VII. These enactments are in French and have not apparently been known to historic investigators. It is noteworthy that several of them were included verbatim in the famous " Statute of Kilkenny," A.D. 1367, but without any reference to their previous promulgation in 1351. Of the sections thus repeated the initial portions appear in our Appendix VIL, where they are numbered, 6, 7, 8, 9, 10, 11, 13, 14, 15, 19, 22, and 24. Appendix VIII. contains a decree of 1359-60 against associating with the Irish, using their language, or sending children to be nursed among them. The ordinance of 1380, against absentees from Ireland is printed in Appendix X. The Latin verses ascribed to Bishop Lederede extend over fifteen pages of the " Red Book," written in double columns. A memorandum at the foot of the first page of them states that the Bishop of Ossory composed these " cantilenae " for the vicars of the cathedral, his priests 222 HISTORICAL MANUSCRIPTS COMMISSION. theSee* ° F aUC ^ °^ ei * GS ' t0 SUn ^ ° !1 & re[lt f est ^ va ^ s anc * other occasions, that their T ^)ssoRY? F throats and mouths sanctified to God might not be polluted with — unseemly secular songs ; and the singers were enjoined to provide them- selves with proper notes according to the requirements of the words. The pieces extend to the number of sixty. They are devoted mainly to the nativity, sufferings, and resurrection of the Redeemer, and the virtues and afflictions of his Mother. Hymns addressed to our Saviour, the Holy Ghost, and the Blessed Virgin are included among them. In some verses the author prays for temporal as well as spiritual favours, and in others descants on the wickedness of the times, and the transitory nature of greatness. The title u Cantilena de Nativitate Domini " is pre- fixed to the first piece of the series, and the three following are headed "de eodem festo." Of all these productions, either the initial Hues or the pieces in their entirety are given in Appendix No. III. It will be seen that to some of them lines are prefixed in old English or French, from, it may be assumed, the songs they were intended to supersede or as indicating the appropriate airs. The only copy of Bishop Lederede's verses now known is that in the "Red Book of Ossory," and none of them have been either printed or correctly described with the exception of those on their first page, a reproduction of which recently appeared among the " Facsimiles of the National Manuscripts of Ireland," 1 edited by the author of the present report. From the miscellaneous writings in the " Red Book " there will be found in our Appendix extracts from the French verses on the " pro- verbs of the Sibyl," and the directions for making « nectar," a compound of wine, honey, and spices (VI.). The opening portion of the treatise on (t aqua vitae " is given in Appendix No. V. The author describes the modes of the distillation of " aqua vitse " and of using it in the treatment of numerous diseases for which he avers it to be an unfailing remedy. This treatise, which appears to have been entered in the " Red Book " at an early period, contains matter somewhat similar to those referred to by Richard Stanihurst, 2 in the reign of Queen Elizabeth. A catalogue of the contents of the " Red Book of Ossory " is now published for the first time. Contents op the Red Book oe the Diocese of Ossory. Fol. 1. Inscription: " Liber Ruber Diocesis Ossoriensis, antiquissimus ecclesiae Ossoriensis. Rich : Connell, Notarius Publieus, Regis- trarius dictae Diocesis Principalis, anno Domini 1678 " - 1 1 Part IV. 2. Appendix, Plate XXIII. London, 1884. 2 " One Tlieoricus wrote a proper treatise of aqua vitae, wherein he praiseth it unto the ninth degree. He distinguished three sorts thereof, simplex, composita, and perfectissima. He declareth the simples and ingredients thereto belonging. He wisheth it to be taken as well before meat as after." . . . . . " Ulstadius also ascribeth thereto a singular praise, and would have it to burne being kindled, which he taketh to be a token to know the goodness thereof. And trulie it is a sovereigne liquor if it be orderlie taken." " The second volume of Chronicles . . collected by Raphaell Holinshed." London, 1586, p. 13. HISTORICAL MANUSCRIPTS COMMISSION. 223 Fob Archives of 2. " Redditus Domini Episcopi Ossorie " : Rents of Bishop of,* the See op Ossory 1 ------- 16 ° SS ^I* 3. " Regi Henrico Anglie, filio Matildis Imperatricis, ad terrain Hibernie per bullam cujus tenor sequitur et est talis : Adrianus, Episcopus, servus servorum Dei, carissimo in Christo filio, illustri Regi Anglorum salutem," etc. : Bull of Adrian IV. to Henry II., in relation to Ireland - - - - - 36 4. " Alexander, Episcopus, servus servorum Dei," etc. : Bull of Alexander III. to Henry II. on same subject - - „ 5. Interdict on Walter Walsh, Prior of St. John's, Kilkenny, by John, Bishop of Ossory, for non-payment of " pension " to Kil- kenny Cathedral - - - - - - - 4 6. Account 2 of Council at Cashel, A.D. 1171-2.— Partly oblite- rated - -----46 7. Note of agreement between Dean and Chapter of Ossory and Procurator of Abbey of St. Augustin, near Bristol, in relation to church of Dysert. — 1 January, 1375-6. Appendix IX. - 5 8. Writ from Justiciary of Edward III. in Ireland to Provost and Commonalty of Kilkenny in relation to market rights of Bishop of Ossory in the Irish town, Kilkenny. — [A.D. 1372-4.] — Ap- pendix XII. - - - - - - „ 9. " Hie incipiunt Constitutiones Provinciales de [anno Domini M.D. XVIII., per Archiepiscopum Dublinie 3 :" Constitutions by Provincial Synod under William Rokeby, Archbishop of Dublin, A.D. 1511-21 ------- 56 10. " Constitutiones Sinodales ecclesie Ossorie ; " Synodal Con- stitutions of diocese of Ossory, circa A.D. 1320. — Appendix I. - 6 1 1 . Partly obliterated memorandum in relation to Richard Lederede, Bishop of Ossory. — Appendix 1a. - - 106 12. " Confines manerii Episcopi de Derwathe in Ossoria " : Notarial" certificate on perambulation of boundaries of manor of Derwathe (Durrow), at instance of David [Hackett], Bishop of Ossory, A.D. 1460-68 - - - - - - 11 13. "Incipiunt Constituciones Provinciales Archiepiscoporum Dublin, Alexandri et Johannis : [UJniversis alme matris Ecclesie filiis per dyocesim et provinciam Dublin constitutis, Alexander, permissione Divina, Dublin Archiepiscopus, Hybernie Primas, ej usque sutfraganei, ad certitudinem presencium et memoriam futurorum," etc. : Constitutions by Alexander de Bicknor, Arch- bishop of Dublin, A.D. 1327-49 - - - - - 116 14. " Hie incipiunt Constituciones Domini Johannis, Archi- episcopi Dublin " 4 : Constitutions by John de St. Paul, Arch 1 bishop of Dublin^ and Provincial Council at Dublin, A.D. 1351 : 1 Where dates are not given, the documents are undated in the Ms. 2 From " Expugnatio Hibernica," by Cambrensis, i. xxxv. 3 Among these regulations are the following : "[I.] Presbiteri Conactenses et " Ultonienses non admittantur, nisi judicio Ordinarii inveniantur idonci. Quod non " solventes pasturam, et simili ordine decimas, excommunicentur." — " [3.] Calices " stannei sint post annum suspensi, nec tales amodo consecrari debent, nisi ciphus " saltern argenteus sit." — " [8.] Clerici amodo ludentes a 1 pilam pedalem, solvant " toties quoties xl.e?. Ordinario, et xl.tZ. reparationi ecclesie ubi talis ludus exercetur." — See " Concilia Magnae Britanniae et Hiberniae," vol. iii. p. 660. London : 1737. 4 These Constitutions were printed by Wilkins in the third volume of his " Concilia," 1737, commencing at page 18, and with the following addition : — " Ex " ms. penes Rev. Episcopum Clo^herensem. Copia vera extracta ex libro rubro, " antiquissimo diocesis Ossoriensis registro seu recordo, per Rich. Connell, notar. 224 HISTORICAL MANUSCRIPTS COMMISSION. a? See* of " [QJuoniam sanctorum patrum decreta pro moribus reformandis Ossory. et excessibus corrigendis, quantumcunque hactenus salubriter ordinata, effectum, pro quo ordinantur ad plenum sortiri non possunt, eo presertim, quod humana natura ad malum faciliter inclinans, contra juris remedia ob animarum salutem feliciter iustituta per suas nodosas et in[ex]tricabiles machinaciones novas adinvenciones cotidie nititur producere : Nos, J ohannes, permissione Divina Dublin Archiepiscopus, unacum suffraganeis nostris in Concilio nostro Provinciali in ecclesia nostra Sancte Trinitatis, Dublin, die Mercurii proximo post festum Sancti Patricii, anno Domini 1351, celebrato, ad laudem Dei, ac gloriose Virginis et Dei genitricis Marie, omniumque sanctorum, et sancte matris ecclesie venustatem pro moribus subdltorum solidandis, et viciis extirpandis, constituciones infra scriptas breves et utiles pro tem- pore jam instanti, de consensu et assensu suffraganeorum nostro- rum predictorum, ac nostrorum et eorundem suffraganeorum, capitulorum, necnon et aliorum omnium, quorum concensus requi- ritur in hac parte, duximus promulgandas ; decernentes eas a qui- buscunque subditis nostrarum civitatis, diocesis et provincie fore futuris temporibuc firmiter observandas " - - - - 156 [" De festo Concepcionis Sancte Marie "] - - - 16 [" De festo Sancte Anne, matris Beate Marie, et aliorum Sancto- rum "] - - - - - - - - „ " Contra violatores sequestri ecclesiastici " - - - 166 " De clandestina desponsacione " - - - „ " De immunitate ecclesie " - - - - 17 [" De jejunio Passionis "] - - - - „ ["De adorando nomine Jesu. — De veneracione facienda cum recitatur < Gloria Patri ' "] - - - - - 17* " Quod censure ecclesiastice debent in parochialibus ecclesiis publicari -------- At end : " [U]t autem dictarum Constitucionum recens in futurum babeatur memoria, mandamus co-episcopis et suffraganeis nostris universis, quod ipsas in suis diocesibus per se et alios faciant solempniter publicari, et firmiter observari, ac in suis synodis epis- copalibus singulis annis publice recitari, ut per eas perversorum refrenetur audacia, libertatesque et jura occlesiastica conserventur illesa ad utilitatem communem, laudem et gloriam nominis J esu Christi, qui pacem et tranquillitatem ecclesie et terre Hibernicane foveat et confirmet, Amen." - 15. u [T]axaciones ecclesiarum et beneficiorum fructuum et reddituum episcopatus Ossorie secundum Registrum Curie, prout Episcopus, Frater Ricardus, 1 invenit in Curia Romana, et in Registro clericorum prope London, et in Registro apud ecclesiam Sancti Pauli, ibidem " - - - - - 17* "Kenlys" - - - - - - - „ "Obargoun" ------- 17*6 "Ouerk" 186 "Kilkennia" - ..-.--„ "Claragh" - - - - - - - 19 " publ. Registrum Ossorien [sem] principal [em]." The Bishop of Clogherwas John Stearne. In reference to Connell, see page 220. bishop Lederede. This " taxation" appears to have been made circa A.D 1306. HISTORICAL MANUSCRIPTS COMMISSION. 225 t?o\ Archives * T _* the See c "Siller" - . . . . - - 196 Ossort. "Agthour" - - - - - - - „ "Odogh" 20 16. u Taxacio redditus et proventus teinporalium Ossorie Epis- copi et aliorum religiosorum facta per subcolleotores et per dictum Episcopum ac ipsos religiosos juratos " - 206 " Decanatus de Aghebo " - - - - - 21 17. " Nova taxacio episcopatus Ossoriensis post guerram Scot- orum : " Bishop Lederede's New Taxation of diocese of Ossory, by the King's command, circa A.D. 1320, after the war with the Scots. — Appendix II.- - - - - -216 18. " Copia procuracionum, secundum quam copiam Venerabilis Pater et Dominus, Johannes, 1 Dei gracia Archiepiscopus Dublin levavit procuraciones suas in dyocesi Ossoriensi tempore visita- cionis sue ibidem incipientis in crastino Animarum anno Domini millesimo ccc quinquagesimo primo. Et recepit duplicatas pro- curaciones communiter, graciam faciens quibusdam de quarta porcione. Eodem modo fecit Alexander 2 predecessor suus, Archi- episcopus, duplicando istas procuraciones, 3 nullam graciam faciens in visitacione sua : a quo exstitit appellatum propter extorcionem injustam contra jura" ------ 246 "Procuraciones Domini Episcopi Ossoriensis in decanatu de Aghebo " - - - - - - -„ " In decanatu de Aghthour " - - - - - „ " In decanatu de Odogh " - - - - 25 "In decanatu de Siller" - - - - - 256 " In decanatu de Claragh " - - - „ " In decanatu de Obargoun " - - - - - 26 " In decanatu de Kenlys " - - - - ,, " In decanatu de Ouerk » - - - - 266 "Procuraciones ecclesie cathedralis Ossoriensis et monasteri- orum religiosorum virorum Ossoriensis dyocesis ab infra " - „ " Sinodalia Domini Episcopi Ossoriensis " - - 27 " Processionalia Domini Episcopi Ossoriensis " - „ " Summa totalis procuracionum Synodalium et Processionalium \xxx.li. xii.*. \\\i.d. et quadrans " - - - - - „ " Memorandum quod de supradictis ecclesiis multe sunt vaste, que non possunt procurare " - - - - - „ 18a. " Beneficia religiosorum in diocesi Ossoriensi : " - - 276 " In primis : Prior de Kenlys " - - - „ " Prior Sancti Johannis, Kilkennie M - - - „ " Prior de Insty ok " - - - - - „ " Abbatissa de Kilkilhyn " - - - - - „ 1 John de St. Paul, Archbishop of Dublin, A.D. 1349-1362. 2 Alexander de Bicknor, Archbishop of the same see, A.D. 1317-1349. * Pope Clement VI., in a letter addressed from Avignon, in April 1347, to Richard FitzRalph, Archbishop elect of Armagh, referred as follows to the charges made by Bishop Lederede against De Bicknor, Archbishop of Dublin, in relation to the pro- curations levied as above stated in the diocese of Ossory : — " Quod in gravamen ipsius " Episcopi [Lederede], absque aliqua causa rationabili, civitatem et diocesim Osso- " riensem, annis singulis visitans ab ejusdem Episcopi subditis et locis eorum pro- " curationes duplices extorserat et etiam extorquebat et alias dictos subditos " gravaverat multipliciter et indebite et gravabat." " Veterum Monumenta Hiberno- " rum et Scotorum." 1864, p. 287. O 84068. P 226 HISTORICAL MANUSCRIPTS COMMISSION. Archives of p A i THE See of: „ . , . , „ AOi - 0880KT. " Prior de Athesil - - - - - - 28 " Prior de Kilmaynan " - " Abbas Sancti Thome, Dublinie " " Abbas Sancti Augustini, Bristoll " " Abbas de Dowysky " - " Prior de Aghmacart " - " Prior de Pertkeragh " - " Abbas de Jeriponte " " Canonici Exonienses in Anglia " " Prior Sancte Katerine, Waterfordie " - " Et licet beneficia religiosorum ita fuerunt quondam prout supra scribitur, tamen in anno Domini millesimo tricesimo et nona- gesimo sexto, quidam religiosi acquisiverunt diversas ecclesias de novo, et quidam eorum per neglifgentiam] quasdam ecclesias per- diderunt ad tempus, et sicut obtinuerunt possessiones earundem ita infra continetur : " - - - - „ "Abbas de Jeriponte ; ecclesia de Rowyr ; " Ecclesia de Blanch vileston ; Monasterium Sancti Johannis Kilkennie." 19. " Capitula Magne Carte " : Headings of thirty-four sections of Magna Carta of Henry III., commencing "De libertatibus Ecclesie " ending " De scutagio capiendo " - - - 286 20. " Redditus espiscopatus Ossoriensis " — nine lines - „ 21. Magna Carta of Henry III. : Inspeximus by Edward I.: " [E]dwardus, Dei gracia Rex Anglie, etc. Inspeximus magnam cartam Domini Henrici, quondam Regis Anglie, patris nostri, de libertatibus Anglie in hec verba : Henricus, Dei gracia Rex Anglie, etc. : Sciatis nos, intuitu Dei et pro salute anime nostre, etc. — Teste, Edwardo, filio nostro, apud Westmonasterium unde- cimo die Octobris anno regni nostri vicesimo quinto [A.D. 1297] " - - - - - - - ~ 29 22. Second Statute of Westminster, 13 Edward I. [A.D. 1284-5] 31 23. Statute : " Circumspecte agatis de negocio tangente Dominum Episcopum Norwycensem et ejus clerum." — 34 Edward L, A.D. 1285 - - - r - ... 44 24. " Novi articuli," commencing : <4 Pur ceo qe les poyntz de la graunte chartre des fraunchises et la chartre de la forest les qeux le Roy Henry pere le Roy qore est graunta a soun poeple," etc. — 28 Edward I., A.D. 1299-1300 - - - - - 446 25. " Articuli cleri : " Statute of Edward II. : " Edwardus, Dei gracia, etc. Sciatis quod cum dudum temporibus progenitorum nostrorum quondam Reguin Anglie, etc. — Teste, me ipso, apud Eboracum, xiii. die Novembris, anno decimo [A.D. 1319] - 476 26. Ordinances and statutes at Dublin and Kilkenny for the general benefit of the land of Ireland. — 25 Edward III. [A.D. 1351.] —French.— -Appendix VII. - - - - 496 27. Part of statute in French on merchandize, etc. 1 - - 54 28. Writ from James le Botiller, Earl of Ormonde, Justiciary of Ireland, to the Sheriff of the " Cross " of Kilkenny and Seneschal 1 A portion of the Ms. between the leaves numbered 53 and 54 is missing. See page 220. HISTORICAL MANUSCRIPTS COMMISSION. 227 Fol. Archives of of the Liberty of Kilkenny, on non-observance of law by persons of Ossory, English race in Ireland ; prohibition against relations with the Irish and the use of their language, etc. — Dublin, 3 February, 34 Edward III. [A.D. 1359-60.]— Appendix VIII. - 55 29. Statute oflabourers, 35 Edward I., A.D. 1306-7 : "Ilsemble pur la commune profit de aiouster en la commission nadgers faite denquer des servauntez les choses southescripts cest asavoir qe chareteres, chareurs, chasours de carues, berchers, porchers, deies, et tous altres servauntz prignants liveresouns et lowers acus- tumez," etc. 1 ------- 55b 30. Conclusion of statute in French, relative to sale of mer- chandize in England - - - - - - 56 31. Act, A.D. 1379-80, against absentees holding lands, rents and offices in Ireland. — French. — Appendix X. - - - 566 32. Statement by Oliver [Cantwell], Bishop of Ossory, in con- nection with attestations as to rights of his tenants in the Irish town, Kilkenny. — 25 October, 15 10. — Incomplete. — Appendix XIII. - 57 33. Taxation of diocese of Ossory - 57b 34. "Writ of Edward III., in relation to government of Ireland. — Dated at Westminster, 5 October, twenty-first year [A.D. 1347] : " Edwardus, Dei gracia, etc. Archiepiscopis, Episcopis, Ab- batibus, Prioribus, Ministris nostris, tarn majoribus quam minoribus, et quibuscunque aliis de terra nostra Hibernie fidelibus nostris, ad quos presentes litere pervenerint, salutem : Quia ex frequenti fidedignorum insinuacione accepimus quod terra nostra Hibernie, ecclesiaque Hibernicana, ac clerus et populus ejusdem nobis subditi ob defectum bone regiminis ac per negligenciam et incuriam ininistroram regiorum ibidem, tam majorum quam minorum, hactenus turbati fuerunt multipliciter et gravati," etc. - 58 35. Memoranda on taxation of parts of diocese of Ossory : Claragh, Obarcon, Kertlys.— Circa A.D. 1510 - - - 62 36. Treatise on Aqua-vitae. — Appendix V. ■■ «■ 626 37. Tract on waters, ** aqua rubicunda," etc. - - - 646 38. Memoranda on rents from parts of diocese of Ossory - 656 32. Verses in French on the proverbs of the Sibyl, with Latin extracts. — Appendix IV. - - - - - 66 40. Taxation of Deaneries and churches of Ossory 2 - - 68 41. Letters Patent from Queen Elizabeth, dated 14 February, 1582, on Chancery decree in relation to payments by city of Waterford, out of Abbey of Kilkellethin to Bishop and Archdeacon of Ossory - 696 42. Verses ascribed to Richard Lederede, Bishop of Ossory. — Appendix III. - - - - - - - 70 43. Memorandum, A.D. 1416, on admission of John Prous to vicarage of Thomastown, by Thomas Snell, Bishop of Ossory - 77 44. Taxatio diocesis Ossorie : Note on valuation of eight deaneries „ 1 A leaf, or leaves, cut away here. 2 Fol. 68 consists of a slip of parchment, twelve inches in length and about four in width. At head is a partly obliterated entry " Nomina herbarum [pro] potatione." p 2 228 HISTORICAL MANUSCRIPTS COMMISSION. fol. 6. Archives o ? t?„\ the See of xoi. Ossory. 45. Agreement by Michael, Dean of St. Canice, Kilkenny, in relation to vestments. — Appendix XI. - 776 46. Agreement between Thomas Barry, Bishop of Ossory, and Walter Syrlok, Seneschal of Earl of Ormonde, relative to mill and water, "que vulgariter vocatur bakwater. 5 ' — 16 June, 1430 - „ 47. Survey of the Irish town, Kilkenny, A.D. 1398.— Appendix XII. " jj 48. " Modus faciendi nectar." — Appendix VI. - - 78, 49. Entry, 9 May 1416, in reference to appeal by John Grace, against sentence by Thomas [Snell], Bishop of Ossory. — Partly obliterated - - - . - _ -78 50. Memorandum, 29 May 1416, on procuration by Philip O'Kennedy for parish church of Rowyr. — Partly obliterated - „ 51. 52. Two obliterated memoranda - „ 53. Note of nine lines on taxations of deaneries - - 79 54. Memorandum : " Ther is in this book lxxui leaves and a half-leaffe, accomptyng this . . . Notyd the xuii of July, 1577. William Gerrarde, 1 Cane." - „. I. Synodal Constitutions for Diocese of Ossory, Circa A.D. 1320. " Hie incipiunt Constitutions 2 Sinodales ecclesie Ossoriensis. " In Dei nomine, Amen. Zelo sanctitatis et ecclesie sancte Dei, ac Sancti Cannici Ossoriensis, cujus licet immeriti sponsus non mediocriter accensi, ut juxta verbum prophete dicere valeamus, Tota pulchra es,. arnica mea, et macula non est in te : w Subscripta statuta synodalia ad mundiciam et sanctitatem universalis ecclesie, episcopatus Ossoriensis, Divinagracia adjuti et suffulti, presentis synodi auxilio, et concilio confratrum Canonicorum dicte ecclesie Sancti Cannici,auctoritate ordinaria, duximus ordinanda in Domino Jesu Christo. "Firmiter credimus, et specialiter confitemur, quod unus est solus Deus, verus, omnipotens, eternus, immensus, incommunicabilis, incom- prehensibilis, Pater, et Filius, et Spiritus Sanctus ; tres quidem persone, sed una essentia, substantia, seu natura, simplex omnium, etc. prout in articulis fidei plenius continetur. " Super quibusdam quidem articulis volumus, et districte precipiendo mandamus omnibus subditis nostris, quatenus, si quempiam contra articulos fidei delinquentem vel dogmatizantem in dyocesi Ossoriensi sciverunt, vel scire poterint infuturum, extunc ut exnunc, ipsum de nomine delinquentis, et modo culpe certificare non omittant infra mensem a tempore scientie computandum, sicut Divinam voluerint effugere ulcionem. " De consecracione et reconciliacione ecclesiarum. «' Presentis Synodi approbatione precipimus quod conventuales et parochiales ecclesie tocius Ossoriensis dyoeesis non dedicate, sive rurales, 1 Chancellor of Ireland, A.D. 1575-80. 2 In relation to the transcript, which he used, of this document, David Wilkins wrote as follows: " Constitutiones has ex Libro Rubro Ossoriensi in custodia " Episcopi Ossorien, transcribi fecit Tho. Ottaway [Otway], Episcopus Ossoriensis, " anno Dom. M.D. CLXXXVI. in usum Episcopi Midensis. Richardus Ledrodus " juxta Waraeum anno Dom. M.CCCXV1IL, Avinione consecratus est; sub cujus " episcopatus anno secundo Constitutiones collocamus." — Concilia Magnae Britan- " niae et Hiberniae," vol. ii. p. 501. London : 1737. HISTORICAL MANUSCRIPTS COMMISSION. 229 sive prebende, aut dignitatibus vel prebendis sint annexe, cum earum ^^gJJ 8 ^* eimeteriis, necnon capelle, proprios rectores habentes, que jam perfectis ossoby. parietibus sunt constitute, et precipue majora altaria in eisdem infra sex mensium spacium, a proximo preterito festo Sancti Michaelis computan- dum, ad consecrandum sufficienter preparentur et honeste. Eas autem Rectores earum, et parochiani infra idem tempus, procurent consecrari, ac etiam consecratas ecclesias, si violate fuerint, reconciliari infra idem tempus, sub pena quadiaginta so dorum elemosine Episcopo, 1 una cum procuracionibus suis ad hoc faciendum solvendorum pro qualibet ecclesia, capella, vel cimeterio non dedicato. In ecclesiis vero dedicatis annus et dies dedicacionis earum etnomen, in cujus honorem dedicatur, cum nomine dedicantis, et numero dierum indulgencie in consecracione concesse, dis- tincte etaperte, circa majus altare, in loco ad hoc idoneo, conscribantur, ut anniversaria dies dedicacionis a parochianis memoretur, et reverenter annis singulis solempniter ferianda. Alias ferianda observetur." " De residencia facienda in ecclesia curata. fol. 65. " Cum ecclesiastica sacramenta in parochialibus ecclesiis per eos, quibus cura animarum, si in ipsis inibi a diocesano committitur, secun- dum justiciam tractari debeant et dispensari; nos, felicis recordacionis Bonifacii Pape Octavi vestigiis inherentes, statuendo precipimus, quod omnes et singuli beneficia ecclesiastica, quibus cura animarum est annexa, in dyocesi Ossoriensi obtinentes, nondum in presbiteros ordinati, infra annum a tempore publicacionis presencium, ad omnes sacros ordines, quos beneficiorum suorum cura requirit, statutis a jure tem- poribus se faciant promoveri, ad sacramenta ecclesiastica ministranda ut tenentur ; et ad hoc in suis beneficiis residenciam faciant corporalem, nisi a j ure vel ab homine cum ipsis fuerit super hoc legitime dispen- -satum, sic ut penas contra non residentes sancitas alias canonicas voluerint evitare. (" Ad quam residenciam incontinenti faciendam, nos, Episcopus Ossori- ensis, omnes hujusmodi beneficia obtinentes monemus primo, secundo, et tercio, sub pena privacionis. 2 ) ii T>e residencia facienda, et juramento Vicariorum. " Ad vicariam perpetuam, curam animarum habentem, statuimus nullum de cetero fore admittendum, nisi jam in presbiterum ordinatum, vel saltern diaconum, vel sub-diaconum, in proximis quatuor temporibus in presbiterum ordinandu m; qui renuncians aliis beneficiis, si quehabeat, juret residenciam facere continuam in eadem 3 et corporalem, etfaciat, ut jurabit ; alioquin institucionem illius decernimus fere nullam, et vicariam alii fore conferendam juxta sanctorum patrum sanctiones." Si vero contra hoc statutum aliqua vicaria, sive mansus, vel aliud fol. 7b. beneficium ecclesiasticum laicis vel clericis ad firmam sit tradita vel dimissa, nos, de expresso consensu Capituli ecclesie Sancti Cannici et majoris partis cleri dyocesis Ossoriensis, terciam partem proventuum omnium hujusmodi beneficiorum, sive clericis sive laicis, sine licencia Episcopi sic de facto ad firmam traditorum, decernimus in hiis scriptis fabrice majoris ecclesie cathedralis Ossoriensis et elemosine Episcopi pro equali porcione modis omnibus applicandam. (Decernentes hujusmodi firmas ipso jure nullius fore momenti, quodque hujusmodi firmas tradentes et recipientes ipso facto vinculo majoris excommunicacionis sint inno- dati.)" 4 1 Episcopo] Episcopi, Ms. 2 , 4 The passages -within parentheses are in writing somewhat different from that in the preceding portion of the section. 3 eadem] eandem, Ms. 230 HISTORICAL MANUSCRIPTS COMMISSION. 'xhe H See S o°/ " De Sancta Synodo, et lectura statutoruin." Ossoet. m ^ os> insuper, Prater Ricardus, Dei et Apostolice Sedis gracia fol. 86. Ossoriensis Episcopus, omnia et singula hujusmodi statuta synodalia de expresso consensu majoris et sanioris partis Capituli ecclesie cathedralis Sancti Cannici Ossoriensis dyocesis ordinata, de assensu majoris partis cleri totius dyocesis Ossoriensis statuimus ac decernimus, et in virtute sancte obediencie districte precipimus, et mandamus ab omnibus subditis nostris per totam dyocesim Ossoriensem firmiter et inviolabiliter perpetuis temporibus observari, et etiam in Sancta Synodo per Episcopum, vel Archidiaconum, aut officialem Episcopi, cum previa propositione verbi Dei in hac ecclesia cathedrali Sancti Cannici, die Martis proximo post festum Sancti Michaelis, quolibet anno semel solempniter celebranda, de verbo ad verbum recitari; delinquentes vero contra hujusmodi statuta, ubi certa pena non est imposita arbitrio Ordinarii, decernimus in his scriptis fore puniendos : singuli quoque Decani ruraies transcriptum eorundem infra mensem proxime futurum, et extunc infra sex menses, Rectores et Vicarii dicte dyocesis per Decanos sibi fieri procurent, ac in suis ecclesiis salvo custodiant ad perpetuam rei memoriam, et instruc- tionem successorum." fbl. 86. (i De immunitate ecclesiarum, et jurisdictionem ecclesiasticam im- pedientibus." "Ab exordio cultus Divini inter homines, sacerdotes et pontifices fuisse legimus erga populum in sanctificacione et honore, ut patet in Mel- chisedeck, Aaron, filiis, et eorum successoribus. Pagani eciam et gentiles, et Saraceni in sectis suis, sacerdotes et pontifices pre ceteris colere solent et honorare, ut patet in Alcorano et eorum libris. Nam magnificus ille mundi monarcha Alexander, videns Saddam pontificem sibi occurrentem, nomen Dei portantem in fronte, pronus in terrain procidens adoravit eum[que] privileges et muneribus ^multipliciter adornavit. Sed et Con- stantinus Imperator in pleno Concilio Generali minorem sacerdotem pontificali dignitate insignitum ante se pretulit, et tanquam judices animarum Episcopos ceteris mortalibus censuit preferendos, cujus suc- cessors omnes, Imperatores, Reges, et Principes Catholici Episcopos, tanquam patres eorum spirituales, et eorum ecclesias donis, libertatibus, possessionibus eciam variis et magnis, que Christi et Ecclesie patrimo- nium appellantur, magnifice dotaverunt. Sed et Dominus noster Jesus Christus, Rex regum, et Dominus dominancium, Summusque Pontifex, Episcopos successores Apostolorum instituit, claves Ecclesie, potestatem solvendi atque ligandi, et sacramentorum administracionem eisdem com- misit, per quos, et quorum manus, gracia Spiritus Sancti ad salutem animarum in clero pariter et populo per mundum transfunditur uni- versum. Ex quibus concluditur, quod omnis gens, omnis status, omnis secta Episcopos et sacerdotos Dei solet honorare. Sola tamen quedam o-ens pestifera novella in quibusdam partibus nostris, ab aliis terre fideli- fol. 9a. bus discrepans, spiritu diabolico plena, ab secta omnium Dei cultorum exorbitans, gentilibus et Judeis crudelior, Episcopos, sacerdotes Dei Summi, prosequitur in vita pariter et in morte, spoliando et lacerando Christi patrimonium in dyocesi Ossoriensi, Dominicam incurrendo male- dictionem, quorum maliciis, que plus solito invaluerunt et invalescunt, cogimur, ut possimus, obviare. " Adhec cum dispensacio clavium ecclesie, quas Christus Apostohs commisit, et Episcopis eorum successoribus, commode exerceri non possit sine ecclesiastical jurisdictione, per quam extirpantur vicia et inseruntur virtutes ; nonnulli tamen iniquitatis filii subditi nostn, in- HISTORICAL MANUSCRIPTS COMMISSION. 231 stinctu quodam diabolico, Episcopis, et eorum ministris, jurisdictionem -Jf*! 1 ^ ecclesiasticam secundum canonica instituta exercentibus, niinas machi- Ossory. nantur et intentant gravissimas, ad indietandum,vexandum, intractandum, et imbrigandum in curiis secularibus ; ac per hoc impedire nituntur correctiones peccatorura, et salutem aniinarum, in contemptum Dei et ecclesie, et cumulum proprie dampnadonis eterne : super quo de speciali remedio statuere compeliimur et ord inure. " Nos, igitur, de unanimi consensu Capituli nostri, uecnon tocius cleri in plena synodo constituti, statuimus et ordinamus quod quicunque persone Episcopi violenciam intulerit aut scandalum ; quicunque eciam Episcopum, sacerdotem, Kectorem, Vicarium, seu clericum bonis spolia- verit, mobilibus sive immobilibus, ubicunque, in vita vel in morte ; omnes et singuli, qui in inaneriis episcopalibus Episcopum spoliaverint bladis, animalibus, vasis, utensilibus. seu aliis bonis quibuscunque, lacerando domos, prescindentes sylvas, destruendo cunicularia, pascua, et vivaria, seu quecunque alia bona ad Christi et Ecclesie patrimonium pertinencia ; omnes eciam jurisdictionem episcopalem impedientes, indictantes mali- ciose, et interminantes Episcopum, etministros jurisdictionis sue propter exercicium ejusdem infra suam dyocesim, ad corrigendum peccata, et ad hoc, vel aliquod premissorum auxilium prestiterint, concilium, vel favorem, ipso facto sint excommunicati excommunicacione majore ; a qua non possunt absolvi, nisi prius facta plenaria restitucione ablatorum, et de offensa ecclesie sulftcienti satisfaction et emenda. Insuper, quia juris ordo et racionis hoc requirit, ut in quo quis deliquerit in eo punia- tur, ordinamus et statuimus quod supradicti nequitiorum filii omnes et singuli Ecclesiam Dei spiritu diabolico impugnantes, una cum excom- . municacione predicta, omni careant ecclesiastica libertate et immunitate, tarn in personis quam in bonis, in vita pariter et in morte sint eorum persone infames et intestabiles, et ecclesiastica careant penitus sepultura. a Inhibemus eciam districte omnibus et singulis sacerdotibus, sub pena excommunicacionis majoris, ne quemquam ex supradictis nequitie filiis admittant post mortem ad ecclesiasticam sepulturam, propter favorem quemcunque seu cujuscunque. Quod si forte contigerit ignoi- nanter, statim agnita veritate corpus ilitld putridum faciat exhumari, et membra ilia diabolica extra sanctuarium in stercuilinum prqjici ; ut discant alii quanti sit demeriti ministros Christi et Ecclesiam Dei prosequi, quam Ipse sanguine proprio redemit, et univit sibi sponsam, f j 9 ^ cujus Ipse Caput 1 est, nosque membra ejus. Quod si secus actum sit, ecclesiam ipsam et cimeterium ecclesiastico supponimus interdicto, donee illud corpus maledictum a societate Christianorum projectum sit et abjectum." # # # # # " Sentencia generalis." fol> l0 i( Ex auctoritate Dei Patris, Filii, et Spiritus Sancti, necnon et Sancte Dei Grenitricis Marie, et beati Michaelis Archangeli, et omnium celestiurn Virtutum, atque Patriarcharum, et Prophetarum, et Sancti Johannis Baptiste, atque omnium sanctorum, Apostolorum Petri et Pauli, et Ste- phani, prothomartiris Christi, atque omnium Martirum, Sancti Cannici, et beatorum Kerani et Francisci, Confessorum, et sanctarum Virginum, simulque omnium Sanctorum auctoritate, excommuiricamus, atque a Mm i- nibus Sancte Matris Ecclesie sequestramus, omnes illos qui maliciose hanc 1 Caput] capud, Ms. 232 HISTORICAL MANUSCRIPTS COMMISSION. Archives of ecclesiam Sancd Cannici, vel aliquas ecclesias Ossoriensis dyocesis suis TITE §EF OF * • • • OsBoRY. juribus vel libertatibus inquietant, molestant, et defraudant, aut earum — possessiones terrarum, vel libertatum, vel res, quas juste possident, fraudulenter iuvadere nituntur, seu injuste per seculi potenciam, vel cautelas auferre contendunt infuturum, ablatasque detment publice vel occulte, necnon omnes et singulos, qui ipsis in premissis opem, consilium [vel] auxilium prestant vel favorem, omnes eciam fractores ecclesiarum, seu domorum ecclesiasticorum incendiarios, sacrilegos, sortilegos, publi- cos hereticos, usurarios, Ecelesie Dei et terre pacis perturbatores, sequestri ecclesiastiei violatores, occultos et publicos detentores decimarum, et bonorum mobilium ab intestato decedencium post sequestrum in eisdem auctoritate ordinaria appositum, regiasque prohibiciones in causis testa- mentariis seu matrimonialibus, vel mere spiritualibus in ecclesiastice jurisdictionis elusionem temere impetrantes, et precipue omnes iilos qui de domibus, maneriis, grangiis, vel aliis locis ad episcopatum Ossorien- sem, vel ad aliquam ecclesiam Ossoriensis dyocesis pertinentibus, quic- quam de bonis mobilibus preter voluntatem aut permissionem domi- norum, vel eorum qui sunt hujusmodi rerum custodes, deputati auferunt, spoliant, abducunt, asportant, et detinent publice vel occulte, seu qui hujusmodi iniquitatis filiis opem, consilium, auxilium prestant audaciam vel favorem, sint a Deo et beata Maria Virgine, omnibus Sanctis Dei, et nobis maledicti, interius et exterius maledicti, in via maledicti, in agro maledicti, in civitate maledicti, in domo et extra domum maledicti, egredientes et regredientes maledicti, manducando, bibendo, dormiendo, et vigilando, stando atque sedendo, et quicquid operis sive in bello, sive in pace faciendo. Deleantur de libro vivencium, et cum justis non scribantur, fiat habitacio eorum deserta, in habitaculis eorum non sit qui fol. lOh. habitet, obscurentur oculi eorum ne videant, et dorsa eorum curventur. Effunde, Domine, super eos iram tuam, et furor ire tue comprehendat eos ; appone iniquitatem super iniquitatem eorum, et non intrent in justiciam tuam ; liat mensa eorum coram ipsis in laqueum, et in retri- buciones et scandalum ; scrutetur fenerator omnem substanciam eorum ; et diripiant alieni labores eorum ; et quia dilexerunt maledictionem, veniat ad eos ; et noluerunt benedictionem, et elongabitur ab eis ; fiant dies eorum pauci, et possessiones eorum accipiant alteri ; fiant filii eorum orphani, et uxores eorum 1 vidue ; Deus conterat dentes eorum, et lingue eorum nunquam loquentur sapienciam ; sitque pars et societas eorum cum Dathau at Abiron, cum Sapliira et Auania, cum Juda et Pilato, cum Simone et Nerone ; et sicut extinguuntur iste lucerne, ita claritas lucis visionis Dei ipsis extinguatur, et anime eorum, qui hujusmodi maleficia fecerint seu faciant infuturum, cadant in infernum cum Diabolo et ministris ejus, nisi a commissis resipiscant, et ad emenda- cionem congruam veniant. Fiat, fiat." Amen. " Precipimus insuper quod hujusmodi sentencia excommunicacionis per omnes Eectores, Vicarios, seu presbiteros parochiales dyocesis Ossoriensis in singulis ecclesiis suis semel in quolibet quarterio anni coram clero et populo. cum major fuerit multitudo populi in ipsis ecclesiis, inter mis- sarum solempniaj pulsatis campanis, candelis accensis, solempniter pub- licetur, de verbo ad verbum, recitetur in lingua materna, sub pena excommunicacionis, quam non facientes incurrere volumus ipso facto." eorum'] ejus, Ms. HISTORICAL MANUSCRIPTS COMMISSION. 233 Ia. Partly obliterated entry in relation to Kichard Lederede, Bishop of Ossory. " Memorandum quod anno Domini millesimo ccc° sexto decimo, trans- fol. 106. lato Willelmo Episcopo Ossoriensi, quarto die post festum Annuncia- cionis beate Virginis, ad archiepiscopatum Cassellensem, frater Ricardus de Ledred de ordine Minorum, de Anglia oriundus, per Sedem Aposto- licam f actus est Episcopus Ossoriensis pro illo subsequenter, qui admis- sus a rege temporalibus erat, traditis et literis Apostolicis Archiepiscopo Dubliniensi, et capitulo suo, Kilkennie publicatis, celebrata inauguracione sua apud Kilkenniam, convocato capitulo et clero totius diocesis synodum solempnem in octavis beati Michaelis sequentis celebravit et statuta synodalia supradicta per eum facta publicavit et de consensu capituli et cleri publice statuit observari. Qua synodo celebrata . . . maneria episcopalia fuerunt de[structa per] guerram Scotorum et ut (four lines obliterated) et viri religicsi occupant .... Ideo exiliter responsum est episcopo de beneficiis supradictis. Acta sunt hec die et loco supradictis." Archives op the See of OSSORY. 234 HISTORICAL MANUSCRIPTS COMMISSION. Archives of the See of Osbory. Q a o Q S P cS a a s 3 m ft H °? Q w ^ P3 o O O R <4-i CO O m ^ s s 8 CO W CP Oh b3 O o 09 4 i ii ^ «3 .J ^ S3 13 ^" ^ ^' •■e ^. "5 "ts *4 ^ as ._; its > .~ ■ ii i i • i 'Jl «h * «J ^ ^ • • °2 . ej ■ *2 -fi k *M :p "> :3 :3 H :£* is : -P :3 M is a O r s j M X O M M X M ^ P © 13 .52 1? o P pi Mo CP © o o o o WW 3 S-i 'TT* C3 I— I _4 © .,_ ^2 ^3 "S % *C iS •^•^ CP CD sJ U M o M o CP CP ?H a^ o :g go a _ g h 3 S 3 m CP ■£ .3 * S co "Lo o o Moo www fl 3 * CP CP o o o o WW > o CP ^ -e.s M o S o a p ■ d f-> 'C f ^ & Q ^ o -■af « W W WO WW HISTOKICAL MANUSCRIPTS COMMISSION. > :s :a :s > > H X M i ■ t i ) i ■ i i i ■ iif « i i • i i ■ i i i 1 o g g o si 4 «»; .J =o 3 'm 'S :ri • -.* «0 £ <0 W *g «0 60 .p4 is :s :s :S '£ m rn :d 'x X I - 1 o a> ct a X «*. <£ . . * • 6^ «*. M > ~1 * M -j X « X -5 !0 I ^ > * M O © «£ § 03 03 03 O M M ' ft sat g 03 M O 03 jh O q. o Dj 03 ... C3 > i O - $ cF_P « o M o § 1 ■8 •a is WD C WO § woS 03 c3 *5 *> " 03 03 ^ 03 03 ^ , _ „/g eg .2 .2 ® Ph-o3 jfi £ C3 ^ ft 03 03 g 1 03 a o f-H Oh o kg 3.3 as 03 >*> 03 03 2* 03 03 ^ ^ C3 e3 03 03 SOWS ° 8 H 3 . CJ 03 Archives oi the See or OgfiOBT. 236 HISTORICAL MANUSCRIPTS COMMISSION. P >r 8 O o o i I PQ o s n H *© O © © *©■' .3 ^ ^. ^ ^. © © ■ i i i i *5 «) 6( . :2 :S V V, 2dn © © 13 ►4 M M a £ 5 ■ £ s GO h d ^ ■* Of « © 3 o a> £>S "> © © "S.2 .S ei a m *© 13 M © © WWW O la 'S ->> : S © o 2 w § M 8^« a .2 '> pS '£ i2 .2 33 c3 ■*? g -JS c3 o3 o3 8 m § m1 11 a o I ° 1 3 !3 *5 *M *M :S E=l 03 © p. M Co* M X *? *2 M M M M * 43 © s s 2 o « pq © © © © r£ rQ r .3 .55 .5 "£ .3 *S5 GO CO ci CO © ^ « p*^ © © © S © © X o © b ^ * 3 °GO ^3 CO CO CO CP g^^OJ _© ^© 13 tj , "« "© "© © M © © © HISTORICAL MANUSCRIPTS COMMISSION. 237 4 a s *e ^ ;nario] > M :s e y II , . . § a iracio o o 03 o 8 8 * s O a a o J - a ^ CC ^3 a> a *s •s eg ■i a tC •J • CO CO co ' O ' *3 a o M S M a£ 03 43 ^ CD o> a? t3 13 ■us 03 03 co co JO 03 WW o 1 a ' a a o ■1 a i e3 a a cc 03 .1 R a cc o3 03 CD QJ PQPQ .a .a « o o o WW fl S3 CC cc 03 o3 O O WW =3 :a ^ > 3a .2 a - o o :a :3 'R * « :a a "? CO M c5 "8 49 CO 73 '£ s Ja *a o3 o3 a o3 o3 .+2 o3 "il all 1% 1 8 m 8 8 m1 ^ WW www w Archives o» the See of Ossory. ^ is --a n3 CD ^, _= O 238 HISTORICAL MANUSCRIPTS COMMISSION. Archives op the See or OS90RY. PS « Q 1 g H ft s 2 .2 '3 *M IS 5 ° * : a" •a* &-Efm a ■ I ss3 a a 02 t> :a > :a :a :a '£ M :a :a 'm :a a » M jJ «* ^ X Mm t) X M 4 § r i • t i i i i i i 21 g 3 a ^ _i >~» f~i '-is 1&3 o X o J a WW 0J © (D «) O "T3 •g # ej # o3 £ cs "ec *cc 'tn 'S3 P-i^ ^ WW WWW hi S-i CM 3 *^-3 :a ig m '£ 03 a R ~ o *a M h M I ,>» a a o -I - F a. ° a ^ _Q o3 as- a> © 13 o3 o3 o3 e3 WW WW HISTORICAL MANUSCRIPTS COMMISSION. 239 3 g 1 2 o ^3 I s o I H P P H 3 w p !2 3' -3 ^ ^! -d ^. ^! ^ •3 *M :3 ft :3 :3 :S '£ :3 3 a # o *o c3 t-t S3 a o I CZ2 S 'i '-a *5 M :P M :P *» •? a * 5 a? 8* • I © bp 2 03 +J "2 ^ 53 *s © © a, © © M u w 8 www WWW WW bag s-S 5 s "T ° 3 PHOfl 03 © a> © .2 .5 , e3 .2 tn "co 'co *a> © 03 03 0> "© '© "a 'o o a o o 03 o3 M aechive8 op the See op OSSORY. 60 4 i o H H w 4 s •s p p <« O «i "? w p • r- i i 03 03 03 03 © 03 'SI 03 ~ 13 *Xi rQ 03 03 43 cS Is a a o o 8 . 03 03 *a ^ ft Q w C3 ^ nai o3 o3 o3 o3 *co "co "53 *53 03 03 " ^ j£ © ^ © oo o y a , 4 *c3 C3 O C3 C3 O M © 240 HISTORICAL MANUSCRIPTS COMMISSION. Abchives of the See of OSSOET. p < o A A = H < p 5 a £ a «s =3 .2 *5 ^ "e ® ^ *e ^ "2 :a > «ih :s :a m m > "6 *r$ :s .2 *e re 2 a s CO CD a "1 m re CO Ai s3 a Wo CD CP re re 08 WW . © ® 03 O a S * s § * ^ H3 rg •© . . 'cp a 'o o X cp o © o > :p t> p> M 3 ■* H "3 ^.3 IS 'm 5 1 a cu T3 * m -d :P ^ h «:a-> k :3 K H O 2 o a- 55 S -2 JZ r2 * U r "fl 'U 'U n3 .£§ * ^ «5 .2 .2 '3 5§ '53 '« "« 'cn "55 J2 fL, 03 ^2 r2 p2 ° o u o a o o o CP M CO cp cp cp o 2 o 1 a C O WW ^ ^8 CO 1 CP I or o3 * °? ^ al HI CP o « o M o HISTORICAL MANUSCRIPTS COMMISSION. 241 73 ^ ^ 7s > x > :a m H i -s ? ^ ^ 3 ^^'.a « £ :3 "> :5 IS :3 : *S a 3 -4— o e8 o3 g ^8 9 ft sag s s CO CO 0) _ s o3 a ^3 « HI o K M ^ EL 2 .s ^ a fl fl R I 'O .A a 'S a> © a ^ 73 73 ^3 >jj o3 o3 o3 o X C a ~ ?3 tf « J M J 03 73 ^ > O o3 ^ 5 03 ® !8 IB 02 13 XI o V O 03 £ 1 I 8 H — i - o o « X « o 03 CO 73 03 S O MOfl c o m 73 73 73 c3 03 cC 13 03 M O _ o o o u o a 84068. Q 242 HISTORICAL MANUSCRIPTS COMMISSION. Archives op II Taxation OF Diocese OF Ossory, CIRCA A.D. 1320. — concluded. the See of Ossory. SUMMA REDDITUUM ET PROVENTUUM Episcopatus Ossoriensis - - Ym.li. vi.s. viii.d. Unde decima - cvi.s. vm.d. Procuraciones - xiii.s. ui'i.d. Decima Prioris de Instyok - - xviii.s. viii.d. „ Prioris de Fertkeragh - - vi.s. viii.c/. „ [blank'] „ Abbatis de Dowysky - - mi. li. v'ri.s. \i.d. ,, Abbatis de Jeryponte - - mi.li. xvi.s. viii.cZ. „ Abbatisse de Kilkylehyn - vi.s. viii.d. „ beneficiorum Prioris de Kenlys iiii./z. viii.s. viii.d. Summa decime rectoris de Callan - v. marce. Surama decime Prioris Sancti Johannis Kilkennie - xxxvi.s. Prior de Acmacart - vi.s. viii.d. Summa decime Episcopi et religiosorum xxv.li. xi.s. vi.d. ob. Summa summarum predictarum deci- marum - lvlii./i. xiii.s. im.d. ob. III. Verses ascribed to Richard Lederede, Bishop of Ossory. Fol. 70. " Nota : Attende, lector, quod Episcopus Ossoriensis fecit istas can-- tilenas pro Yicariis ecclesie Cathedralis, sacerdotibus et clericis suis, ad cantandum in magnie festis et sol[atiis] ne guttura eorum et ora Deo sanctificata polluantur cantilenis teatralibus turpibus et secularibus, et cum sint cantatores provideant sibi de notis convenientibus secundum quod dictamina requirunt." " [1.] Cantilena de Nativitate Domini. Verbum caro factum est de virgine Maria Cnjus nomen est qui est — " " [2.] Alia cantilena de eodem festo. Vale, mater Christi, Virgo regia, in te mea spes Menti mee tristi Data venia solamen tu es — " " [3.] De eodem festo. Natus est de virgine Rex glorie Sine viri semine natns est de virgine — " H [4.] De eodem festo. Nato Marie filio congaudeat ecclesia Verbo rerum principio nato Marie filio — " p l # 70^. " [5.] Lingua, manu, opere, exultemus et letemur liodie Stude Cliristo psallere lingua, manu, opere — " «' [6,] Fons salutis nostre plene Dei mater cum filio Grata Deo tue gene Fons salutis nostre plene — " HISTORICAL MANUSCRIPTS COMMISSION, [7.] En Christi fit memoria qua florent reflorent florida Da vera cordis gaudia — " Archives op the See of OSSORY. « [8.] Haue mercy of me frere " Decus et gloria, A Magis adorato Honor in secula — " " [9.] Da, da nobis nunc, Da colere solempnia festa, Da Parvuli promere gesta : Da, da nobis nunc. Da, da nobis nunc, Da matri laudis honorem, Da Parvulo cordis amorem : Da, da nobis nunc. Da, da nobis nunc, Da sic componere gestum, Nil mestum nil inhonestum : Da, da nobis nunc. Da, da nobis nunc, Da nunc corrigere mores, Virtutum carpere flores : Da, da nobis nunc. Da, da nobis nunc, Da vivere vice jocunde Concedere satis et unde : Da, da nobis nunc. Da, da nobis nunc, Da clero volvere libros, Da populo tangere ciphos : Da, da nobis nunc. Da, da nobis nunc, Da prompte fundere potum, Da sobrie bibere totum : Da, da nobis nunc. Da, da nobis nunc, Da Parvulo psallere laudes, Da procul pellere fraudes : Da, da nobis nunc. Da, da nobis nunc, Da mestis vim meritorum, Da lectis regna polorum : Da, da nobis nunc. Da, da nobis nunc." " [10.] De radice virginis flos vernans processit Ab alto divini culminis — " " [11.] Peperit virgo, 1 virgo regia. Mater orphanorum. Peperit virgo, virgo regia. Mater orphanorum — " [12.] Christi parentele laus Domini Ej usque sequele salus Domini — " " [13.] Jubila, rutila mater Ecclesia Natus Dei filius suxit ubera — " " [14.] Vale, virgo Christifera, Quern laudat mundi machina, Vera vitis fructifera, Vale, virgo Christifera — " Marginal note obliterated. Q 2 244 HISTORICAL MANUSCRIPTS COMMISSION. " [1.5.] En Christus nascitur De matre virgine, Nova lux oritur In claro sydere — " " [16.] Amoris vinculo nos Dei Filius attraxit dulciter, Eterno seculo de Patre genitus — " " [17.] Alas, hou shold y syng yloren is my playng Hou shold y with that olde man To leven and [oblit.] my leman 1 Swettist of al thinge " " Succurre, mater Christi, Menti mee tristi Pondere peccati Quo deprimitur Prorsus ad ima 2 Semper labitur Sine defensore. " Ortus nove lucis, Quam nobis producis, Pondera peccati Sic extenuat : Lapsos penitentes Semper relevat, Te intercessore. " Et lux ilia vera Que caritate mera Suo splendore Nos illuminat : Celi divino rore Nos letificat Divino fulgore. " Hac luce profundi Simus et iocundi Pie matris more Nobis impetra Eidem conjungi Virtute celica Superno decore. Amen." " [18.] Harrow ieo su trahy Par fol amor de mal amy " 44 Jhesu, lux vera seculi Tui te laudant servuli, Gaudent videntes angeli — " Archives of the See of Ossort. Fol. 716. : leman"] lemon, MS. 2 ima] yma, MS. • HISTORICAL MANUSCRIPTS COMMISSION. 245 [19.] " Haue mercie on me frere i barfote that y go.' Archives cp the See oe Ossort. " Jam Christo moriente f luxit Ecclesia Sed ipso resurgente ? promisit alleluya Vita deficiente t lapsa fragiiia Ad vitam revertente ^ reflorent omnia — " «' [20.] Kesurrexit Dominns Fo1 - 72 * Cantemus alleluya Christus Dei Filius Resurrexit Dominus — " *' [21.] Dire mortis datus pene Surrexit die tercia Parans pascha die cene Dire mortis datus pene Cibum turbe duodene Se dat manu propria — " u [22. ] So do nightyngale synge ful myrie Shal y neure for thyn loue lengre karie " " Dies ista gaudii, die letitie De morte resurrexit Christus hodie — " " [23.] Plangentis Christi vulnera Mittetur vox dulcissona En Christi fit. memoria Digna dans laudum cantica Mutata sunt nam carmina Plangentis Christi vulnera — " " [24.] Haue God day leman, 1 etc." Resurgent! cum gloria Gaudeat Ecclesia — " " [25.] Assunt fesfa paschalia Oaudet mater Ecclesia Foras procul allecia — " " [26.] Resurrexit a mort Qui pridie decessit Nunciatur ab angelis — " 1 leman] lemon, MS. 246 HISTORICAL MANUSCRIPTS COMMISSION. Archives of the See of Ossort. [27.] Dies venit, dies tua, Tn qua reflorent omnia, Hec sunt festa paschalia — 3 Fol. 73. " [28.] Haue merci of me frere 99 " Maria noli flere Sepulchro Domini Surrexit enim vere Sepultus ab heri Sepulchra patuere Testantur angeli Adlatus intuere Quern vocas raboni Exnunc noli lugere Die Petro Simoni Tot sign a claruere Sciant discipuli Qui velint me videre Quod sin t Galilei Warn quod predixi vere Videbunt inibi Meruerunt me videre Cum cibo celebri Quod celi patuere Ascensu nobili Qui fecit te gaudere In vultu lugubri Det secum congaudere Post flnem seculi. Amen." " [29. ] Languenti morbo funeris Peccati quondam veteris — " " [80.] Gayneth me no garlond of greene Bot hit ben of wythouesywroght " " Verum est quod legi satis plene Codice sacro volumine Felix est qui moritur hie bene Celitus pro Ghristi nomine — " " [31.] Parens pari um peperisti Jhesum Dei FiJium Plaudens virgo, mater Christi, Parens partum peperisti — " ;< [32.] Luce qua letatur Mater Ecclesia Deo tribuatur Laus et gloria HISTORICAL MANUSCRIPTS COMMISSION. 247 Templo Dei sistitur Archives of Qui fecit sidera ™ s S o E ry. OF Marie de qua gignitur — Beata viscera — " M [33.] Rutilat Ecclesia jubilat in mente Rutilat, jubilat semper attente — " " [34.] So do nythyngale syng wel ruury Shal y neure for thyn love lengre kary ' u Regem adoremus superne curie, Matri jubilemus regine glorie, Virgo pura carens lapis rubigine — " Fol. 74. " [35.] Gaude virgo, mater Christi, Parens natum genuisti Cum ingenti gaudio — " " [36.] Christe, Redemptor omnium, Exaudi preces supplicum Veni, Salvator gentium Christe, Redemptor omnium Cerne mundi naufragium Restaur ans quod est perditum Christe, Redemptor omnium Exaudi preces supplicum Partum nobis virgin eum Christe, Redemptor omnium Regem celorum dominum Effudit virgo virginum Christe, Redemptor omnium Exaudi preces supplicum Qui celi tenens ambitum Christe, Redemptor omnium Solus ante principium Perhenne dona gaudium Christe, Redemptor omnium Exaudi preces supplicum. Amen. A Deo Patre luminum 1 Christe, Redemptor omnium Nobis mitte Paraclitum Illustratorem cordium Christe, Redemptor omnium Exaudi preces supplicum Qui celi, etc." " [37.] Miserans, miserans, parce redemptis Miserando judicans, parce redemptis Tu qui vides omnia, Tu qui vides omnia Sub et supra sydera, sub et supra sydera 1 This and the six following lines are in writing different from that of the remainder. 248 HISTORICAL MANUSCRIPTS COMMISSION. Miserans, miserans, parce redemptis Miserando judicans, parce redemptis Opprimitur ecclesia, opprimitur ecclesia Que solet esse libera, que solet esse libera Miserans, miserans, parce redemptis, — ut supra. Crescit avaricia, crescit avaricia Dolus et malicia, dolus et malicia. Miserans, miserans, parce redemptis, etc. Amor et justicia, amor et justicia Fugati sunt de patria, fugati sunt de patria Miserans, miserans, parce redemptis, etc. Vigent ubique spolia, vigent ubique spolia Livor et incendia, livor et incendia Miserans, miserans, parce redemptis Qui judicabis singula, qui judicabis singula Reges et imperia, reges et imperia Miserans, miserans, parce redemptis Presenti de miseria, presenti de miseria Perdue nos ad supera, perdue nos ad supera Miserans, miserans, parce redemptis Miserando judicans, parce redemptis." " [38.] Jhesn, lux vera mentium Serva tuum peculium — " " [39.] Novum lumen apparuit Quo vera lux clarescit Ad orientem patuit Novum lumen apparuit — " " [40.] Heu alas pur amour Qy moy myst en taunt dolour " " Vale, mater, virgo pura Tu et tua genitura Tuum natum offertura Templo Jerosolimis — " " [41.] Hey how the cheualdoures wok al nyght" " En parit virgo regia, en parit virgo regia Maria plena gracia, Maria plena gracia — " Fol. 75. " [42.] Jhesu bone, Jhesu pie Jhesu fili flos Marie Circumcisus ista die " Pro nobis mundi miseris " Nomen tuum salutare Dat scriptura causam quare Nam tu venisti nos salvare " Salus in angustiis. Archives op the See of OSSORY. Fol. 746. HISTORICAL MANUSCRIPTS COMMISSION. 249 « Quem adorant Magi Reges Pastores pascentes greges Archives oe the See of OSSORY. Testantur scientes leges "Ex libris propheticis " Que genuisti Salvatorem Ducem nostrum et pastoreui Et a morte Redemptorem " Ade peccati veteris 6i Per tui nati sanctum ortum Due nos ad salutis portum Quo nil grave nichil tortum " Sed semper frui superis. Amen.'* " [43.] Summe Deus clemencie, Mundique factor machine Trino sumus certamine, Summe Deus clemencie, Mundi carnis cum demone, Iterque nostrum fragile, Summe Deus clemencie, Mundique factor machine Rectorque noster aspice Summe Deus clemencie, Vitam et mores corrige, Viamque pacis dirige. Summe Deus clemencie, Mundique factor machine, Memento nostri Domine. Summe Deus clemencie, Ut dono tue gracie Preserves nos a crimine. Summe Deus clemencie, etc. Vi mortis tue vivide, Summe Deus clemencie, Calcato Tartaro pede Hostem vicistis strenue. Summe Deus clemencie, etc. Ab hoste Tu nos protege, Summe Deus clemencie, In hora mortis suscipe, Et omni salva tempore. *' [44.] Scandenti supra sidera Locato Patris dextera Vincenti tanta prelia Scandenti supra sidera Laus honor sit et gloria. Celestia, terrestria Nutu fatentur subdita Scandenti supra sidera, etc. Comestione prima Scandenti supra sidera [etc. Pandit iter per ethera 250 HISTORICAL MANUSCRIPTS COMMISSION. ras H s3f o°/ Ne caro fiat dubia Ossory. Scandenti supra sidera, etc. Videntes hec 1 magnalia Scandenti supra sidera [etc.] Tollunt ad celos lumina Quern cepit nubes fulgida Scandenti supra sidera [etc.! Testatur vox angelica Scandenti supra sidera [etc.] Judicaturum omnia Venturum hunc per aera Scandenti supra sidera [etc.] Tenens libram et pondera Scandenti supra sidera [etc.] Nobis remittat scelera Secum ducens ad supera. Amen. " [45.] O Deus, Sancte Spiritus Summi dulcoris alitus Suorum amor medius O Deus, Sancte Spiritus Verus noster Paraclitus Et consolator intimus O Deus, Sancte Spiritus Summi dulcoris alitus Dextre Dei tu digitus Fol. 756. O Deus, Sancte Spiritus Bonorum dator optimus Linguarum sator celitus O Deus, Sancte Spiritus Lumen infundens sensibus 2 O Deus, Sancte Spiritus Corda demulceus penitus Urens amoris fascibus O Deus, Sancte Spiritus Pacis autor egregius O Deus, Sancte Spiritus Sator, amator inclitus Assistens postulantibus Qui das salutem gentibus O Deus, Sancte Spiritus Mestis solamen mentibus Aurem da nostris precibus O Deus, Sancte Spiritus Hostem repellas longius 3 O Deus, Sancte Spiritus Pacem da nostris cordibus Juugendo celi civibus. Amen." 1 hec] hoc, MS. 2 sensibus'] sencibus, MS. 3 This line occurs in the church hymn — " Veni, Creator Spiritus," which also con- tains passages resembling some of those in the above piece. HISTORICAL MANUSCRIPTS COMMISSION. 251 it [46.] Spiritus Sancti gracia In quo clarescunt omnia Archives of the See of OSSORY. Nobis assit per secula Dudum sacrata pectora Spiritus Sancti gracia Cor, linguam et labia Lingua replevit ignea Spiritus Sancti gracia In quo clarescunt omnia Nobis assit per secula Fautor Dei magnalia Spiritus Sancti gracia Linguarum cuncta genera Cum admiracione nimia Spiritus Sancti gracia In quo clarescunt omnia Nobis assit per secula Judea tunc incredula Spiritus Sancti gracia Discipulorum agmina Repleta dicit crapula Spiritus Sancti gracia In quo clarescunt omnia Nobis assit per secula Petrus virtute celica Spiritus Sancti gracia Pulsa tanta vesania Facta docet prophetica Spiritus Sancti gracia In quo clarescunt omnia Nobis assit per secula Qui scit et potest omnia Spiritus Sancti gracia Det nunc quieta tempora Et post eterna gaudia. Amen." " [47.] Canite, canite, vultu jocundo, Nato Domino, 1 Jubilando, psallite, cantu rotundo Marie filio— " " [48.] De sole rutilo sol alter oritur Sic mundo geminus sol superfundit — ? " [49.] Salutat angelus blande juvenculam Virgo post modicum offer t ancillulam — 99 u [50.] Verbum virgineum inpregnans uterum Fol. 76. Jhesus vocatus est a Patre luminum — '? " [51.] Magi repatriant post data munera Non ea qua venerant via sed 1 altera Sed 2 Jhesus remanet pendens ad ubera Que profert Parvulo vir[g]o puerpera." " [52.] Maria decoquit panem salvificum In ventris clibano per ignem misticum — ,s \ 2 sed] set, MS. 252 HISTORICAL MANUSCRIPTS COMMISSION, th^Se^o? " f Stupens intueor ventrem Christifore Ossort. Ventrosam feminam setl sine venere — " Fol. 766. " [54.] O Dei genitrix, cui nulla similis Preit vel sequitur, virgo tarn humilis — " *' [55.] Conscendit Salamon ventrale ferculum Nec pudicieie solvit signacula — " " [56.] Maria virgo genuit Manentem supra sidera Mamillam ori prebuit Sua sugenti ubera — " FoL 77. " [57.] Laudet cor Deo deditum Divinum natalitium — " [58.] O Yerbum Dei Filius Deus origine Caro factum humanitus de matre virgine — " [59.] Caritate nimia nos Deo diligente Letemur hodie Nato Dei Filio de matre parente Letemur hodie — " [60.] Videbitis qualis et quantus mundus sit Error in illecebris, Rectores habentes greges : Pomposi qui condunt leges, Ubi jam sunt ? Quorum gesta, Quia fuerunt in latebris, Velut 1 funesta ; J^unc perierunt in tenebris ; Videbitis qualis et quantus, etc. Multi reges ante fuerunt, Mundi passus qui transierunt ; Ubi jam sunt ? Carries 2 et ossa putrescentes, 3 In delubris : Spiritus et anime vultu gementes, Cum miseris. Videbitis qualis et quantus, etc. Consultum est qui sunt venientes ; Sese ipsis sint cogitantes ; Ubi jam sunt ? Ut tuti, securi atque defensi de lugubris, Erecti sint et congaudentes cum superis ; Videbitis qualis et quantus, etc." 1 Velut] Velud, MS. 2 Carries'] Graves, MS. 3 putrescentes] putressentes, MS. HISTORICAL MANUSCRIPTS COMMISSION. 253 IV. Archives oe tee See oe Verses on the Sibyl Qssoby. En Fraunceys conferme par auctorite." Fo1 - 66 * Ceux sount les proverbis del Sibil." Chers amys receiuez de moy Un beau present qe vous envoy Noun pas dor ne dargent Mais de bon enseignement Qe en escriptur ai troue E de Latin translatee En comun langage por amys Qe de clergie nount apris Trestut est sen e verite Qe si trouerez romancee Qe bien lentent e souent lit Preu enaura e delit Dount celui soit de dieux benet Qe sa entent ben iniet Un sages dit en soun liure Qe comencement de bien viure Surtut rien est aduter ... 1 dieu e honurer Dauid : Inicium sapiencie Est timor Domini. Autre dist qe vostre entente Deves mettre en ta jouente De totiz pechez vous retrere ; Et bones oeures user e faire Salamon : In bonis sit cor tuum in diebus juventutis tue et a carne tua amove omnem maliciam. Non plus targez de bien ouerer Plus surjectez pourons de comencer Par comencer vertu crest Et par targer retraite est Seneca : Audendo crescit virtus, tardendo timor, ait Seneca.'* # # # # En tiel manere la lettre lisez jr l. (575 Et la sentence entendre sachez Qar nient entendre e mult lire Ceo dist Caton fait a despire. Cato : Legere et non intelligere est neclegere. Por ceo voil si lesser De plus proverbis translater Qe ceux qe lisent cest escripte En courtes paroles eyent delit Ore priez pur Bohoun Qi vous present cest lessoun Qil par vostre oreisoun Veigne a saluacioun. Propheta : Qui pro aliis orat Pro se laborat." 1 MS. indistinct. 254 HISTORICAL MANUSCRIPTS COMMISSION. Archives of V. the See of _ * Treatise on Aqua vit^:. Fol. 626. " Aqua vite alia simplex alia composita : simplex est que sine alieua rei admixtione simpliciter de viuo elicitur et dicitur aqua vini, quia sicut simpliciter elicitur, ita simpliciter sine vini vel aque admixtione debet sumi. Aqua vite simplex hoc modo debet fieri : accipe vinum electum vetus unius anni et plus, rubeum, grossum, potens, non dulce, et pone in olla et claude os olle cum bona clepsedra facta de ligno, cum panno lineo involuta, et circumcincta luto capite ne respiret. Olla tunc sit vacua ad minus usque ad medium. Ab hac olla debet exiri canalis ad aliud vas cum serpente, et illud vas aqua frigida debet impleri et frequenter renovari cum calefacta fuerit ab aqua discurrente per canalem. Collocata autem olla cum vino super ignem, distilla igne lento quousque medietatem vini impositam reciperis. Deinde ejice quod in distillatorio, id est, in olla, remansit. Quod autem distillatum est iterum repone ad distillandum, et recipe de decern partibus septem. Quod autem remanserit in distilla- torio extrahe et pone ex una parte per se. Iterum quod distillatum est redistilla tercio et quarto (si vero ad summam perfectionem pervenire desideras, decies inclusive distillabis) recipiendo in qualibet distillacione decimam partem tantum. In septima tamen distillacione talis aqua per- fecta dicitur, quia mirabilia operatur. In decima vero dicitur per- fectissima, quia omnia nobilitate sua perficit et illustrat. Propter difficul- tatem tamen operis in communibus medicinis facimus aquam primo jam dictam que in tercia siquidem et in quarta distillacione, et maxime postquam quater distillata fuerit, tante virtutis est quod siquis ea uti sciverit omnibus fere passionibus, maxime frigidis, curari poterat. "Ista aqua habet probaciones sive signa cum apiicacione candele accense ad cauntum inferius ; quum ista distillacio ardet imperfecte ; secunda, magis ; tercia, perfectius : quarta, perfectissime. " Virtutes hujus aque multe sunt : est in gloria inestimabilis, omnium medicinarum mater et domina. " Effectus vero illius mirabiles sunt. Quorum quidam sunt in corpore humano : primo, quod omnes passiones in corpore humano ex frigidis humoribus procedentes curat, sive sint extrinsece sive intrinsece ; intrirnsece, per potum certe quantitatis ; extrinsece, 1 per linicionem ex- teriorem. Quantitas est quantum una testa anellane capere potest, cum uno ciato boni vini albi. In linicione, quantitas ut supra mirabiliter et cito curat egritudines frigidas, et maxime egritudines cerebri nervorum et junctarum in potu sumpta et apostemate. Et notaquod si a egritudine sit frigida cum humoris vicio primito debet ejus purgacio ; si non, nota quod dosis ejus in potu est a z.i. usque ad z.ii., et plus et minus secundum virtutem pacientis vel bibentis. " Speciales vero effectus illius sunt isti : valet etiam in capillo 2 si potatur cum vino, vel si ex ea fit capitis pinguentum. 3 " Item, dolore capitis de causa frigida facta ex eo catapurgio. Valet eciam in asmate potata cum vino decoccionis [blank'] et liquoricie. " Item, retardat canos, conservat juventutem. Tineam, et uleera capitis, et scabiem omnem curat si quolibet mane et sero laventur ex ea. M-'inoriam specialiter juvat. Valet epileptico cerebrali specialiter si potetur, si 1 extrinsece] extrincece, MS. 2 capillo] capilla, MS. 3 Two brief and indistinct entries, relating to distillation, are inserted in the margins here. HISTORICAL MANUSCRIPTS COMMISSION. 255 caput ex ea ungatur, si odoret, si catapurgium inde administrator, et si ^^Seeo* distemperetur cum modica quantitate tiriace magne. Recipiantur quoque Ossory." jejuno stomaco bis vel ter interpositis diebus curat perfecte. " Item, potata in mane cum bono vino ad quantitate in duarum gutta- Fol. 63. rum vel trium in uno mixto, jejuno stomaco, ita quod unuin non excedat unum ciatum vel ciphum, miro modo leteficat hominem et sanat fetorem anhelitus, 1 qui fetor a stomaco procedit. "Item, valet contra paralisim membrorum, cum tremuerint, bibita ut supra ; ita tamen quod peciam unam panni in dicta aqua madefactam teneat super linguam, que linguam restaurat et eciam loquelam. n Item, valet contra vicium lapidis 2 ex humoribus f rigidis gravantis, sive in renibus sive in vesica, bibita ut supra. " Item, valet contra vicia labiorum ex ventositate vel ex frigidis humoribus generata. " Item, valet caligini oculorum, et omni debilitati visus ex operibus grossis et turbatis, et cataracte in . . 3 per se sola quoque circa tempora 4 et supra palpebras oculorum inuncta lacrimas mirabiliter sistit, telam dissolvit, et est mirabilis cum gutte fuere oculorum ; mirabiliter etiam solvit oculos exterius liniendo vel unam interius guttam in angulo oculi ponendo; valet et surditati injecta aure tepida cum lubricacione. Valet et dolori dentium, dentibus corruptis, et gingivis corrosis, bibita et linita, Valet doloribus stomaci flatuosis, 5 ventosis et melancholicis. Valet in opitulacione 6 hepatis 5 et splenis et renum, super omnem medicinam nervos contractos sanat mulieribus. Multum valet si cum ea laventur cautim fistulam. Noli me tangere, morbum regium, et omnes similes passiones curat, venenum expellit. Percussum a mercurio, vel a malig- nitate mercurii loco inuncto ista aqua et oleo benedicto curatur ; ante accesionem bibita omnem quartanum per se A*el adjunctis sibi debitis herbarum florum specierum et radicum proporcionibus, quam ad membra portat indigencia, cito sanat. (i Item, valet in podagra et sciatica et arthretica de causa f rigida, potetur purgacione premissa. " Item, valet sterilitati de causa frigida, potata et facto ex ea pessario. " Et non solum hii seel 7 eciam multi alii sunt euectus in corpora humano. " Effectus vero extra corpus humanum sunt quod quidcunque ex ea linitum vel madefactum fuerit flamma candele adhibita ardet et non leditur. Omnes siquidem herbarum, prater solas violas, florum, radicum ac specierum ad se trahit proprietates si per tres horas morentur in ea, si gariofili in ea ponantur et misceantur cum vino statim erit 8 gariofilatum vel pingmentatum . " Item, si salina ponatur in ea, statim trahit ad se totam substantiam, et si inisceatur cum vino statim erit salinatum. Eodem modo de quoli bet genera herbarum. u Item, vinum corruptum et acetum, quoquoque modo corrupta, reparat et ad pristinum statum et bonitatem reducit, si de ea aliquid imponatur. 1 anhelittis] hanelitus, MS. 2 In margin: "Aliter lapidem . . . induration in renibus vel in vesica . . . mensibus frequenter dissolvit, ut dicitur "... 3 Blank in MS. 4 tempora] timpora, MS. b flatuosis] rlauticis, MS. 6 opitulatione] opilacione, MS. 7 ged] set, MS. 8 erit] erat, MS. 256 HISTORICAL MANUSCRIPTS COMMISSION. " Item, pisces et carnes a putrefactione conservat si in ea ponantur. " Item, pisces et carnes qui sunt infieri putrefactionis si in ea ponantur, id quod non est putref actum integrum conservat, et quod est putridum corrodit. " Item, omnis vermis venenosus, utpote bufo et aranea, moriuntur ex odore ejus, nec earn appropinquare possunt. "Item, valet, contra puncturam et morsus serpentium, vel cujus- cunque alterius vermis, si posita in loco punctato seu doloris statim curatur. " Breviter, plus valet contra omnia venena ferienda quam tyriaca aliqua de mundo, si de ea sciant . . . uti. " Iterum, mustum novum adeo desiccat et superfluitates admovet quod erit simile vino veteri. Virtutes tamen nobiliores habet in alkymia." 1 VI. "Modus faciendi nectar." Fol. 78. " -Pro duabus lagenis : sumatur quarta pars lagene mellis optimi despumati et calefiat super ignem quousque sit bene callidum. Deinde de igne deposito in vase ligneo seu eneo competente ad mei vinum paulatim infundatur, quoad medietatem, et continue moveatur cum ligno, quousque vinum melli incorporetur. Deinde pulveres specierum apponantur aspersi et similiter moveantur quousque bene et perfecte inbibantur a vino et melle et resideat quousque clarificetur, et post coletur per medium [pa]nni subtilis qui vocatur streynour. Proporcio pulverum erit ad premissas quantitates vini et mellis quarterium, et proporcio zinziberis, piperis, longi sive brevis, sive granorum paris, gala (oblit.) sit equalis (oblit.) et ad plus trium unciarum, ita quod de singulis trium, scilicet, zinziberis uncia, piperis vel granorum paris similiter sit uncia si utrumque habeatur cinamoni sit uncia extra quod jungatur de spico ad pondus iiiie?. Si debeat diminui de liquoribus, diminuatur pro- porcionaliter de pulveribus. Nota quod virtus dispersa minor est quam unita. Si vel [is] perfecte operari et non invalide, non apponas totum quod habeatur de pulvere, sed cum cocleari tempta et proba in ore, si conveniat, et adde [oblit.'] necessarium paulatim : " Gynger ----- iii.d. Ganygale - - - - ii.d. Canel - - - - -ii.d. Clovys Grendparyse ----- ii.d. Spikenard ----- i.d. u Pro tribus potellis cum media pinta mellis digesti." VII. Ordinances and Statutes at Dublin and Kilkenny, A.D. 1351. " Les ordinaunces e[t] estatutz faites par leCounseille RoyaDyvelyn e[t] a Kilkenny pur le commune profyt de la terre Dirlaund. 1 This treatise extends in the MS. to fol. 646., the upper part of which contains the concluding passages of it. Regulations in reference to making Aqua vitae, at Kilkenny, A.D. 1542, will be found at page 261 of the Appendix to the Second Eeport of this Commission, 1871. Archives op the See of OSSORY. Fol. 636. HISTORICAL MANUSCRIPTS COMMISSION. 257 u Nostre Seigneur le Roy Dengleterre e de Fraunce, et Seigneur Archives of Dirlaund, e son Comseil de mesme sa terre Dirlaund, desirrantz la t ^Joby? F maintenance de lestat de Seynt Eglise et le bone governement de son — poeple Dirlaund, et sauve garde de sa pees et mayntenaunce de les bones leyes illoqes, et la chastisment et punisement des malfessours et altres maluys gentz, et amendement de tortz et grevances faites a mesme son poeple sur les grevouses pleyntes des Communes de la dite terre, appeletz a son graunt Counseil tenuz aDyvelyn le Lundy proscheyn devant la feste Fol. 50. de Seynt Luc le Ewangelist, ! et auxint a un altre son graunt Cc unseil tenuz a Kilkenny le Lundy proscheyn devaunt le fest de tous Seynts, 2 lan du regne mesme nostre Seigneur le Roy vintisme quint, si sont ordeynez et establiez par le dit Conseil nostre Seigneur le Roy, 3 en noun de mesme nostre Seigneur le Roy, del assent des Prelatz, Countes et Baronns, et altres Communes de mesme la terre illoqes esteaunce al lionurde Dieux 4 et de Sejnt Eglise, el pur le bon gouvernement de sa dite terre Dirlaund et quiete de son poeple, et pur les leyes multz garder et les meffesours chastier com sus est dit les choses et articles sount escriptz a tenir et garder pleynement sur les peynes contenuz en icelles. "[1.] Primerment : Qe Seynt Eglise soit Tranche e eyt touz ses franchises sans emblicement e touz les articles contenuz en ia grande cbartre le Roy soient en touz poyntz tenuz fermes e estables. " [2.] Item : Nostre Seigneur le Roy defent desus forfeture de vie et de membre que nul de quel estat ou condicion qil soit ne tiegne kernes, hobelours ne udives gentz en terre de pees a grever le leal poeple nostre Seigneur le Roy, mes qi les voet tenir les tiegne en la marche a ses costages propres saunz rien prendre de nul encountre sa volunte, e si nul 5 home de kerne ou nul altre prenge nul manere des vitailles ou altre biens de nul encontre sa volunte soit hue et crie leve sur luy e soit pris e maunde a la gaole sil se voille rendre c si non mes faire resistance a force issint qil ne voille lattachement soeffrir soit fait de ly com de robbour apert e tiel manere soit tenu pur robberie. Et en cas qi tiels meffesours defuent lattachement qe nul home les pourra prendre a donques respoygne Seigneur ou le messour pur ly e face gree a la partie qest issint endamage e sil ne face gree a la partie eyt le Roy la soeut devers ly si bien pur luy mesmes come pur la partie. Et ceux qe ne levent a eel hue et crie soyent tenuz et puniz cum mnyn- tenours des felons. Et si nul home tiegne mesne kernes, hobelours ou udifs gentz autrement qe desus nest dit eyt iugement de vie et de membre et soient ses terres e tenementz foifetez. " [3.] Item : Soit un crie fait qe touz iceaux qi sont udifs or e voillent prendre terres du Roy viegnent a la Justice Dirlaund ou a Tresorer le Roy prygnent terres du Roy a ferme e sils voillent prendre des altres Seigneurs viegnent a eux ou a lour Seneschals en mesme la manere. " [4.] Item : Qe nuls marchysez ne altres tiegnent parlement ne Fol. 506. daiiance oue nul Irreys ne Engleys qe soit acontre la pees saunz conge de la Court ou en presence du Viscont nostre Seigneur le Roy ou de gardeyns de la pees si qils puissent veer qe tiel parlement ou daiiance soit pur commune profit e nenny pur singuler. E qe face eyt prisone- ment e soit reynt a la volunte le Roy. 1 October 18. 2 November 1. 3 Edward III. 4 Dieux] Deux, MS. 5 si nul] si qi nul, MS. O 84068. R 258 HISTORICAL MANUSCRIPTS COMMISSION, Akc^iives op " [5.] Item : Ordine est que chescun cbeviteyn des lynages en chescun 1E Oss^y^ coimte soit charge alye a nostre Seigneur le Roy, qe si ascun de son — lynage, de sa adheraunce, 1 ou de ga retenaunee, quel il purra chastier ascun trespas ou felonie, face qe le dit cbeviteyn eyt poer de prendre les meffesours e les detenir en prisoun taunqe ils soyent delivres par la leye ? e si les dites cheviteyns les ditz meffesours lie voilent prendre, mes les soeffrent aler a large, qe adonqes les corps des ditz cheviteyns soyent pris par eux e detenuz en prison taunqe les cors des ditz meffe- sours soient renduz a la Court nostre Seigneur le Roy destre justizables." " [6.] Item : Qe un pees e tin guerre soit par tut la terre issint qe si nuls Irreys ou Engleys soit de guerre, etc. 2 " [7.] Pur ceo qe divers gentz font diversez robberies et felonies en franchises et se fuent, etc. Fob 51. " [8:] Pur ceo qe diverses gentz enfeffent lour enfaunte ou altres estraunges des lour terres, etc. Fob 516. " [9.] En chescun countee soient ordeinetz qatre des mieltz vauetz du countee pur estre gardeyns de la pees, etc. "[10.] Item: Ordeyne est qe les marchals del une bank e del autre e dedentz franchises ne pregnent desormes pur lour fee plus qe prignent en Engleterre, etc. Fob 52. "[!!•] Item: Ordeine est qe si homme face felonie et soit futif ou soit atteynt, etc. "[12.] Item: Ordeyne est qe nule Engleys face nul manere de alliance a les Engleys ou Irreys enemys nostre Seigneur le Roy par marriage, nurture de lour enfauntz, ou en ascun altre manere, si ne soit par assent de la Court le Roy. Et qe le face e de ceo soit atteynt eyt lenprisonement e outre ceo soit reynt a la volunte. " [13.] Item : Ordeine est qe si ascun homme soit endite de mort de homme Engleys, etc. "[14.] Item: Ordeine est qe si true ou pees soit prises par In- justice gardeyns de la pees ou Viscontes entre les Engleys e Irreys, etc. "[15.] Item: Ordeine est qe le Ussher del Escheker ne preng desormes vint sols pur son fee, etc. Fob 526. "[16.] Item: Qe lestatut des labours 3 maunde Dengleterre en Irlaund soit maunde par bref a chescun Viscont, Seneschal, Meyres e Soverayns des citees e villes, qils facent proclamacion de ycel estatut e de les punir selon la fourme del dite estatut. " [17.] Item : Ordeine est qe si debat soit mue parentre Engleys e Engleys par quey les Engles dune partie et dautre quillent a eux Engleys ou Irreys en pays illoqes a demorer pur guerre e grever altres a graunt damage e destruction del lige poeple le Roy, acorde est e assentu qe nul Engleys soit si bardie de mover guerre encontre altres ne de mesner nul Engleys ne Irreys en pays desormes pur eel encheson. Et qe le face e de ceo soit atteynt eyt jugement de vie e de membre e lour terres forfaites. 1 adheraunce'] aherdaunce, MS. 2 The enactments thus abbreviated here are those which were included verbatim the " Statute of Kilkenny," A.D. 1367. See page 221. 3 '* Statute of Labourers," 25 Edward III. HISTORICAL MANUSCRIPTS COMMISSION. 259 "[18.] Item: Ordeine est qe si debat sourde entre Engleys e Engleys e la pees esteaunte qe mil de eax face namer ne gage lie destresse sur altre prendre ne vengeannce sur altre preigne par qney le poeple le Roy pourra estre trouble mes sue chescun vers altre par la commune ley. Et coment qe avant ces houres par reson de tiels- debates parentre Engleys e Engleys faites eyent usez destre reule par la ley de Marche e de Breawen 1 quele nest pas leye ne doit estre dit leye e nenny par ley de terre, accorde est qe ley de Marche ne de Breawen soit tenue entre Engleys e Engleys mes soient reulez a la commune leye. Et qui contrevenent les ordinaunces susdites e de ceux soient atteyntez soient pris e enprisones e reyntz." " [19.] Item : Ordeine est qe nul homme de qel estat ou condicion qil soit face nul manere dareat, etc. " [20.] Item : Ordeine est qe touz iceaux qui ont terres en Marche e sont reseantz en terre de pees facent reseancie en lour terres en Marche ou mettent altres suffi3autz en lour lue en ayde e mayntenaunce des March[ises], e qe ne le facent soient les issues de lour terres en terre de pees prises par les ministres le Roy illoqes e despenduz en la Marche pur la salvacione de la dit Marche solom la qantite des terres qil ad en Marche. " [21.] Item : Ordeine est qe touz iceaux qe ont terres ou tenementz en Irlaund et soient reseauntz en Engleterre, qils facent contribucion pur defense de lour terres illoqes si avant com ceaux reseantz dedentz la dite terre Dirlaund y fount. Et en cas qe mesmes ceaux par aillour demoerrantz eyent terres en Marche qils facent asser e garder lour terres avantdites convenablement par quey les Marchises puissent le Fol. 53. moeuth estre enfortez solom la qantite de ycelles et qui ne le face soient les issues de lour terres despenduz en la Marche en la fourme susdite com plus pleynement est maunde par bref hors Dengle terre en Irlaunde. " [22.] Item : Ordeine est qe nul Engleys commune meffesour ne commune robeour ne barettour ne soit maintenuz par le Court de Roy, etc. " [23.] Item : Qe cum sommons del Escheker nostre Seignur le Roy de Dyvelyn (sic) viegnent as divers Viscountes e Seneschals des franchises, etc. " [24.] Item : Pur ceo qe les fees des Viscontes si sount ordeines par Fol. 536. estatut e les Viscontes en la terre Dirlaunde se preignent en lour tourns de chescun baronie, etc. "[25.] Item: Accorde est e assentu qe nul Viscont desormes se tienge plee devaunt ly en countee de vedetenamie 2 encountre la com- mune ley nostre Seigneur le Roy entreesteaunt nul usage erroignes desresonables e desacordauns a la leye les qeux avaunt ces houres ount este malment usez et sil face e de ceo soit atteynt eyt lenpri- sonement e outre ceo soyt reynt a la volunte le Roy. Et qe nul Seriaunt pur nul gage de vedetenamie 2 en tiel cas ne preinge nul fee " — Archives of the See of OSSORYf 1 Brehon. 2 " Vetitum namium " — " Withernam." 260 HISTORICAL MANUSCRIPTS COMMISSION. Archives of the See of OSSORT. VIII. Ordinance against Associating with the Irish, using their Language, or sending Children to be nursed among them, A.D. l3f>9-60. " Edwardus, Dei gracia Rex Anglie et Francie et Dominus Hibernie, Vicecomiti Crocee Kilkennie et Senescallo Libertatis Kilkennie salutem : Quia plures homines de nacione Anglicana, tarn in Marchiis terre nostre Hibernie quam alibi ibidem, jam de novo devenerunt de condicione hominum Hibernicorum nobis legibusque nostris et contuetudinibus in Curia nostra inter Anglicos hucusque usitatis parere vel subjacere nolentes, nec rectum nec justiciam de actionibus et querelis suis in dicta Curia nostra prosequi aut petere aut aliquibus aliis juxta easdem leges et consuetudines de hujusmodi actionibus pro voluntate sua respondere, immo quod deterius est predas nomine vadiorum sive districtionum modo guerrino ab illis contra quos actiones habere intendunt sepe et sepius capiunt, unde commociones guerrarum sive discordie oriuntur et par- liamenta ad modum Hibernicorum cum aliis Anglicis de consimilibus actionibus et querelis tenent et indies tenere non desinunt juxta legem Marchie, ac si una pars querelancium sive per viam actionis seu defen- sionis existens totaliter Hibernica fuisset in nostri et jurisdictionis nostre regie derogacionem,et legum et consuetudinum predictarum subversionem, et nichilhominus homines de genere Anglicano in dicta terra idionia Hibernicum erudiunt et loquuntur et infantes suos inter Hibernicos nutriendos, ut lingua Hibernicana utantur, emittunt 1 et locantur, itaquod per hujus idioma populus noster campestris de genere Anglicano pro majori parte Hibernicus devenit, in dominii nostri ejusdem terre diminu- cionem manifestam : " Nos, hujusmodi dampnis et incommodis precavere volentes, ut tene- mur, de assensu Justiciarii nostri Hibernie et aliorum de Consilio nostro, ordinavimus quod nullus Anglicus, cujuscunque status seu condicionis fuerit, sive in Marchia sive alibi existens, hujusmodi condiciones Hibernicanas, aut leges et consuetudines Marchie aut parliamenta cum aliis Anglicis amodo teneat vel exerceat, in derogacionem legum et cognicionum placitorum nostrorum, sectas hujusmodi predictas capiat, sub forisfactura vite, membrorum et omnium aliorum que nobis fcris- facere poterint, et hoc tantummodo excepto qucd domini feodorum in feodis suis pro consuetudinibus et serviciis sibi debitis districtiones capere possint prout ante hec tempora solebant. " Ordinavimus insuper quod nullus de genere Anglicano, sub pena perdendi libertatem Anglicanam, post festum Nativitatis Sancti Johannis Baptiste proximo futurum, idioma Hibernicum cum aliis Anglicis loqua- tur, sed interim quilibet Anglicus lingua Anglicana erudiat, nec infantes suos inter Hibernicos habeat nutriendos post festum predictum sub pena predicta. Tibi precipimus quod infra ballivam tuam, diebus et locis quibus melius expedire videris, publice ex parte nostra ordinacionem predictam proclamari et earn teneri faciatis in forma predicta. " Teste, Jacobo le Botiller, Comite Dormond, Justiciario nostro Hibernie. Apud Dublin tercio die Februarii, anno regni nostrie Anglie tricesimo quarto ; regni vero nostri Francie xxi°. 1 MS. indistinct. HISTORICAL MANUSCRIPTS COMMISSION. 261 " Breve regium, sub forisfactioue inembrorum et bonorum, ne quis Anglicus infra dominium Hibernie predas nomine vadiorum ac parlia- menta ad modum Hibernicorum cum aliis Anglicis teneant, aut infantes suos nutriendos inter Hibernicos mittant, vel lingua Hibernicana inter Anglicos utantur, a tempore prohibicionis brevis regii supradicti." IX. Agreement with Abbey of St. Augustin, Bristol, in relation to Church of Dysert, A.D. 1375-6. " Memoracdum quod priino die Januarii, anno Domini millesimo Fol. 5. CCC.LXX. quinto, conventum erat inter Decanum et Capitulum ecclesie cathedralis Ossorie et procuratorem Abbatis et Conventus Sancti Augus- tini, juxta Bristoll, ecclesie de Dysert O Lostan, rectores, ex parte una, et dorainum Robertum Edmys, vicarium, ibidem, ex parte altera, quod dicti rectores dant et concedunt dicto vicario terram sanctuarii ibidem cum omnibus alteragiis ad ipsos spectantibus integris, sub tali conditione quod dictus vicarius supportabit omnia onera ordinaria et extraordiuaria ad dictam ecclesiam spectancia, sine contradictione vel calumpnia hinc inde ad totam vitam dicti vicarii. [Fol. 5a.] X. Ordinance against Absentees from Ireland [A.D. 1380]. " [Pur ceo] 1 qup. nostre Seigneur le Roi ad entenduz par la certifiea- Fol. 566 cion de sez foialx liges de la terre Dirland, prelates, nobles, et communes, que ladite terre ad este et est molt endamagez et enpauvrez pur my ceo que plusors des liges nostre dit Seigneur le Roi eiantz terres, rentz, benefices, offices, et autres posessions en la dite terre ne sount pas demorantz illoques, einz se absentent et sount hors de la dicte terre preignantz et traiantz devers eux hors de mesrae la terre lez profites et revenuz des ditz terres, rentz, posessions, benefices, offices, et lez uns lessantz les chasteux et for teres a eux appartenantz en lez direz parties aler a ruine et estre saunz garde, ordinautice, et gouvernement, de jor en autre, et lez ditz foiaJx le plus anientez davoir et de pus-antz a resister a lor malice siqe la dite terre est en point destre perduz en deseritzon nostre dit Seigneur le Hoi et de sa Corone Dengletere si sur ceo ne soit ordeigne de hastive remedie. " Ordeigne est par nostre dit Seigneur le Roi, del avise et assent des seigneurs et nobles de son roialme esteantz en ceo Parlement, que touz maneres des gentz de quele estate on condicion qils soient eiant illoqes terres, rentz, benefices et offices et autres possessions quelconqes, se traient devers ladite terre L)irland parentre cy et la nativite de Seynt Johan proschein veignaunt et delors soient resceantz et demorantz illoqes en eide et afforcement des ditz foialx liges a garder et defender la dicte terre encountre les ditz Irrois rebeux, et que touz ceux quount chasteux ou forteres en mesme la terre facent reparer et tenir en estate con[ven]able et mettent bone et seure ^arde pur le salvacion des mesmes les chasteux et forteres sur le peril qappent. Et en cas que ascuns dyceux qont terres, offices, rentz, benefices, ou autres possessions en la Archives of the See of Ossort. MS. indistinct. 262 HISTORICAL MANUSCRIPTS COMMISSION. Aeciuves of dicte terre, soient par resonable cause absentz hors de mesme la terre T Ossory° F apres la dicte feste adonqes pur le temps de lour absence soient tenuz — denvoier et trover illoqes gentz defensables en lour lieus en defence de mesme la terre solonqe ceo qe la necessite requera, eiant regarde a la quantite et a la valu de mesme les terres, rentz, offices et autres pos- sessions, et sils ne facent par soiens les deux parties des profitz de les terres, rentz, offices, et possessions avant ditz levez et convertiz a la garde et defense de mesme la terre par lavise des Justices et Gouvernors JTol. 57. de mesmes la terre qe pur le temps serount. Horspris toutfoitz que les benefices des ceux qui sount en le service du Roi, ou estudiant en universitez, ou hors de mesme la terre par resonable cause, de la licence de Roi desouz son graunt seal en Engleterre, ne sera pris nappliez a les ditz garde et defence forsque taunt soulement la tiertz partie de la value dyceux apres les ordinaires et necessaires charges rebatuz solonque la .certification de lour ordinaires." XI. Compact relative to Vestments [A.D. 1388]. Fol. 776, « Memorandum quod Capitulum ecclesie Sancti Cannici, Kilkennie, concessit Michaeli, 1 Decano ejusdem, et deliberavit unum par vesti- mentorum ad usum suum sub ista condicione quod si illud par vesti- mentorum aliquo casu fortuito sit perditum vel alienatum ita quod ad manus Capituli non deveniat in futurum, tunc, dictus Michael, Decanus, obligat se et omnia bona sua ad solvendum et realiter traden- -dum quadraginta solidos sterlingorum dicto Capitulo solvendorum, etc." XII. Rights of Bishops of Ossory in the Irish town, Kilkenny, A.D. 1372-98. 3?ol. 5. " [l.] Nota contra Superiorem et Communitatem ville Kylkennie pro Episcopo Ossoriensi : 2 " Edwardus, etc. Superiori et Preposito et Communitati ville Kyl- kenie, salutem : Monstravit nobis Venerabilis Pater, A. 3 Episcopus Ossoriensis, licet ut cum ipse omnia temporalia sua teneat de nobis in capite ipse quoddam mercatum in villa sua del Irystown, juxta Kyl- keniam,que (sic) parcella dictorum temporalium, viz. die Mercurii singulis septimanis obtineat, et licet idem Episcopus, et predecessores sui, nuper Episcopi loci predicti, mercatum suum predictum, ut predictum est, et libertatem suam infra Croceam Episcopatus predicti, libere et absque custumis aliquibus. pro muragio dicte ville de Kylkenia, de rebus venalibus ad dictum mercatum, vel infra libertatem predictam venienti- bus, absque assensu et voluntate dicti Episcopi et predecessorum suo- rum solvendis, a tempore fundationis ipsius ecclesie Sancti Kanici de Kylkenia habere consueverunt. Vos tamen quasdam literas nostras 1 Michael Delafield, Rector of Callan. He exchanged his benefice, in 1388, for the Deanery of Ossory. After having obtained the latter, he was licensed to study at Oxford. 2 This entry is ascribed erroneously in the MS. to the thirty-eighth year of Edward III., A.D. 1363-5, instead of to the forty-seventh year of that King. 3 Alexander Balscot, Bishop of Ossory, A.D. 1371-86. HISTORICAL MANUSCRIPTS COMMISSION. 263 patentes ad certas custumas pro muragio dicte ville de Kylkenia, de Archives oi rebus venalibus ad eandem villam de Kylkenia, et infra Croceam pre- Tn o s foRT° F dictam venientibus percipiendas, absque consensu sive notificatione dicti — Episcopi, impetrastis et custumas hujusmodi de rebus venalibus ad dictum mercatum et infra libertatem ipsius Episcopi predictam venientibus, pretextu dictarum literarum nostrarum minus juste percepistis, et indies percipere non desistitis, in ipsius Episcopi ac ecclesie sue predicte grave prejudicium, dictique mercati, ac libertatis sue predicte perturbationem et retractationem manifestas, ut dicitur. Super quo nobis supplicavit sibi remedium adhibere. Et quia per quandam inquisitionem coram Fratre Willelmo Tany, 1 Priore Hospitalis Sancti Johannis Jerusalem in Ibernia, Cancellario nostro ibidem, captam, et in Cancellaria uostra Ibernie remanentem, est compertum quod dicta villa del Irystown est parcella dictorum temporalium, et quod idem Episcopus et predecessores sui predicti mercatum predictum unacum libertate predicta in forma predicta habere consueverunt. Nolentes perinde quod prefato Episcopo in ea parte, pretextu dictarum literarum nostrarum aliqualiter pre- judicetur, vobis et cuilibet vestrorum mandamus, quod pretextu dictarum literarum nostrarum de dicta villa del Irystown mercato aut libertate predictis, vel de custumis aliquibus, pro muragio dicte ville de Kylkenia, de rebus venalibus ad dictum mercatum vel infra libertatem predictam venientibus, absque assensu et voluntate ipsius Episcopi de cetero capiendis, vos aut aliquem vestrorum nullatenus intromittatis, sub periculo incuinbenti. Teste, prefato Justiciario apud Dubliniam, xxvii die Januarii [A.D. 1372-4]. — Per petitionem de Parliamento." [2.] " Extenta de Irestoun, juxta Kilkenniam, parcella temporalium j<< i. 77^ episcopatus Ossoriensis, coram N. Macclesfelde, Locum tenente Thesaurarii Hibernie, Johanne Lumbard, et Thoma Taillour, Com- missionariis Domini Regis, ad omnia terras et tenementa, in manu Domini Regis in comitatu Kylkennie existentia, extendenda assignatis, apud Kylkenniam, die Veneris proximo post festum Decollations S. Johannis Baptiste, anno regni Regis Ricardi secundi xxii, per subscriptos, videlicet : Hug: Sauage, Galf: Smyth, Joh: Bygdon, Joh: Coterell, Adam Sprot, Hen: Deverous, Ric: Langdon, Tho: Baly, Will: Costard, Joh: Monnethan, Ran: Purcell, Hen: Serman, Robert Ragyde, Simon Ragyde, Thorn: Cokeston, Joh: Pryke, David .... Qui jurati dicnnt super sacramentum suum : Quod estunum manerium juxta Kylkenniam parcella temporalium episcopatus Ossoriensis, quod nominatur Oldcourt, quod nichil valet per annum, quia humo prostratur. Et dicunt quod est ibidem dimidia carucata terrarum dominicalium de •quibus xv acre terre culte quarum quelibet acra valet per annum vi.d. et residuum jacet vastum et nil valet per annum propter defectum tenentium. Item, dicunt quod sunt duo cotagia ibidem, parcella glebe ibidem, valent per annum vii.s. Item, dicunt quod redditus burgagii ibidem valent per annum ad presens ix.li. et reddere solebant episcopis, qui pro tempore erant, xi.li. v.s. i.d. ob. Item, dicunt quod tolneta ibidem valent per annum (oblit.) Item, dicunt quod (oblit.) curie et hundredi valent per annum ii.s. Item, dicunt quod sunt duo molendina ibidem (oblit.) et valent per annum ultra reparationes xl.s. Et dicunt quod est unum mesuagium (oblit.) temporalium prediclorum, in manu Domini Regis in quo manet " (oblit.) 1 William Tany, Chancellor, Ireland, 1372-4. 264 HISTORICAL MANUSCRIPTS COMMISSION. Archives of XIII. the See of Ossort. Statement by Oliver Cantwell, Bishop of Ossotcy, A.D. 1510. Fo1 - 57. *< Universis alme Matris Ecclesie filiis presentem continentiam literarum visuris, lecturis, vel audituris, ac illi vel illis, quern sive quos infrascriptum tangit negotium vel tangere poterit quomodolibet in futurum, quibuscunque censeantur nominibus, Oliverus, 1 permissione Divina, Episcopus Ossoriensis, salutem et presentibus fidem adhibere indubiam. 2 Quum ea que in judiciis vel extra peraguntur oblivionis vicio obvelantur nisi per scripture memoriam que contrahencium pariter et contendencium vota in evum conservata roboris acceperint firmitatem, ad vestre universitatis noticiam deduci volumus, et deducimus per presentes, qualiter comparente coram nobis in ecclesia cathedrali Ossoriensi, diebus et anno infrascriptis, probo viro, Willelmo Asbolde, nostro et ville nostre Hibernicaue pro tunc Preposito, testes quamplures se decuit senes valetudinarios et debilitate confectos habuisse, timens non immerito mortem eorundem et diutinam absentiam, nostrum in hac parte officium rogavit, quatenus eosdem testes recipere et in forma juris ad eternam et perpetuam rei memoriam, ne copia sibi deesse probation is in posterum valeat, examinare et publicare dignaremur. " Nos vero intelligentes quod juste petentibus non sit denegandus assensus, eosdem testes decrevimus fore examinandos hujusmodi super articulo, videlicet, quod subditi et tenentes nostre ville de Irystun, per tempora quorum in contrarium memoria non existit, consueverunt mercimonia quecunque vendere et commutare, carnes in eorum macellis lacerare et extimare publice, absque alicujus contradictione Superioris ville Kilkennise, sine customagio vel muragio quibuscunque. " Willelmus Herforth, primus testis, edicto citatorii generalis om- nium et singulorum hujusmodi examinatione interesse pretendentium premisso, tactis per eum sacrosanctis Dei Evangeliis in animam suam, etatis lxxx annorum, deponit articulum continere veritatem. quia tem- poribus Reverendorum Episcoporum 3 bone memorie Thome Barre, David Hacket, Johannis Hedyan et Oliveri, moderni, continuam moram fecit in villa Hibernicorum ; et vidit Mauricium Staffarde, Johannem Flemyng, Thomam Asbold, mercatores, mercimonia publice, ut in articulo, necnon et carnifices, videlicet, Johannem Monsell, deinde Thomam Kelly, cum aliis diversis, carnes in macilla Hibernicaue ville re- spective vendentes et lacerantes, sine alicujus Superioris ville Kilkennie pro tempore existentis contradictione aut impedimento, usque ad pre- sentem controversiam, sine customagio vel muragiis. Mauricius Ofogirty, secundus testis, similiter juratus, concordat predictum articulum coutinere veritatem ; qui vidit Thomam Kelly, David Oclowan, Tadeum Ohwolaghan et alios carnifices. Item, vidit Thomam Asbold et Thomam Langtun, mercatores, in eorum opellis respective, ut predicitur, carnes lacerantes, et mercimonia (sic) publice, sine alicujus contradictione, sive muragio vel customagio. Robertus Brown similiter examinatus con- cordat cum preconteste in omnibus premissis, quia in villa Hibernicana manens sic vidit et audivit. Dermicius Obrenane, clericu?, etatis lx an- norum, juratus ut supra, concordat cum precontestibus in omnibus pre- missis. Receptione eorum facta xx die Octobris, anno Domini millesimo 1 Oliver Cantwell, Bishop of Ossory, 1487-1526-7. 2 Ms. indistinct. a Bishops of Ossory : Thomas Barry, 1128-59 ; David Hacket, 1460-78 ; John O'Hedian, 1479-86. HISTORICAL MANUSCRIPTS COMMISSION. 265 ccccc decimo. Keceptione quorum aliorum testium in Sabbatum proximum archives of post festum Symonis et Jude. Nicholas Whyt, Rector Callane, similiter Assort. jurat us deponit, quod a tempore quo incepit esse cum David Hackyt supradicto usque ad tempus presentis controversie sic vidit premissa publice et pacifice. Dominus Dermicius Oclery, Vicarius de Callan, concordat cum eodem quoad carnifices et mercatores sine aliquo im- pedimento. Alsona Hunth deponit, quod fuit servitrix in domo et curia Episcopi Barry, cum sua matre, tunc domestica Episcopi, et exinde non vidit alicujus contradictionem premissis. Johanna Connowe 1 — " ARCHIVES OF THE MUNICIPAL CORPORATION OF Municipal WATERFORD. By JOHN T. GILBERT. WaSSord. The most remarkable of these documents is an ancient illustrated charter roll, the only one of its age and class known to be extant in connexion with Ireland. The body of this roll, containing the written matter, consists of several pieces of vellum attached continuously to each other, and forming a whole of considerable length. The contents are transcripts, made apparently towards 1390, of Latin charters and legal instruments relative to the rights and privileges of the citizens of Waterford. The writing is much damaged and partly illegible. At the head is a coloured drawing, intended, no doubt, to represent the port of Waterford and the delivery of the keys of that city to Henry II. This drawing is greatly decayed, and under parts of it are discernible vestiges of writing over which the colours were laid. From the foot of the roll some membranes seem to be missing. To each side of the body of the roll there would appear to have been originally attached a continuous series of pieces of vellum many of which remain. These contain coloured drawings of full length figures, mostly of about ten inches in height, but without any names. The figure at head on the right side is in armour and probably designed for Earl Richard Fitz-Gislebert, under whose leading Waterford was captured by the Anglo-Norman adventurers. Abbreviated titles of documents on the roll appear in connexion with most of the other figures, which were evidently intended as representations of monarchs of England and their chief officials associated with charters and instruments issued to Waterford, commencing with King John and terminating with Edward III. 2 John, in white doublet and hose, holds a falcon ; the feet of one of the kings rest on a recumbent dog ; another king, probably Edward I., is on horseback ; Edward III. is represented, with crown and sceptre adorned with fleur-de-lis, seated between two towers. Henri de Loundres, Archbishop of Dublin, Justiciary of Ireland in the early part of the thirteenth century, is depicted in pontifical vestments, with mitre, crozier, and gloves. Of the other officials here represented two may be assumed to be Sir John Moriz and Sir William de Windesor, deputy governors in Ireland for Edward III. In one of the lateral pieces, divided into four compartments, the Mayors of Dublin, Waterford, 1 The remainder of this document is not in the Ms. 2 John's chatter to Waterford was dated June 3, 1205. Charters to Waterford were issued as follows by his successors : Henry III., 1232 and 1268 ; Edward I., 1275 and 1277 ; Edward II., 1310; Edward III., 1356, 1363, 1371, 1374, 1375, and 1377. 266 HISTORICAL MANUSCRIPTS COMMISSION. Municipal Cork, and Limerick are represented, on a scale smaller than that of the ^ C terf E o S rd!' otner fig» res - The Mayors are attired in blue and red. Most of the — figures on the roll are well drawn and coloured, as well as ornamented with gilding. 1 They are, however, in general, much decayed and obliterated in parts. No information is accessible in relation to the circumstances under which this roll was executed. It may have been produced in connexion with the visit of Richard II. to Waterford in 1394. From him the city had received valuable grants in 1380, 1381, 1385, and 1388. None of these appear upon this roll, but they may have been entered on the membranes now missing, and, with any ornamentation the document contained in honour of Richard, they may have been removed after his deposition from the throne of England in 1399. The execution of the roll must, in its day, have been attended with much expense, and may have been the work of artists of the class of those who in the fourteenth century painted the subjects on glass in Kilkenny Cathedral, the beauty of which has been highly praised. The volume styled the " Great Parchment Book " may, from the extent and character of its contents, be regarded as the most important of the archives of the city of Waterford, in an historical point of view. It consists of upwards of two hundred leaves of parchment, fifteen and a half inches in length and eleven inches in breadth. The binding is of oaken boards, covered with dark coloured leather. The writing in the book is of various periods, commencing apparently towards the close of the fifteenth and terminating about the middle of the seven- teenth century. The only ornamentation in the early part of the manuscript consists of some inartistically rubricated initial letters and colophons. In the subsequent portion of the volume the head- ings of the pages containing the annual records of the names of the Mayors and bailiffs or sheriffs are in large black letters, occasionally with ornamental initials. The most elaborate of these pages, which is that for the year 1566, has been reproduced among the "Facsimiles of the National Manuscripts of Ireland." 2 It contains, in combination with its large initial letter in the word " Tempore," a small sketch of buildings at Waterford with the city's ancient Irish name " Portlairge ;" also a galley, and marginal representations of the day of judgment, and the Blessed Virgin. A page, now imperfect, with entries for 1636 contains the remnants of some gilt initial letters and numerals. Rubricated initials appear on the pages for the years 1634, 1635, and 1637. Some entire leaves and portions of others are missing from the volume. All the contents of the book do not proceed in regular order, and they may be divided under the following heads : — I. Charters, petitions, returns of inquisitions and instruments relating to the rights and properties of the city of Waterford. II. Form for election of Mayor, with oaths for him and other officials. III. Tables of customs levied at Waterford, fees and amercements in city courts there, and the assize of bread. IV. Acts made in the civic assemblies from the fourteenth century to the reign of Henry VIII. V. Proceedings of the Waterford Corporation from the latter period to the year 1649, including admissions of freemen, and acts for regulating the public affairs of the city and citizens. 1 Reproductions of figures from this roll appear on plates XXIV.-V. in Appendix to " Facsimiles of National Manuscripts of Ireland," Part IV. 2, London, 1884. 2 Part IV. 2, Appendix ; Plate XXVI., London, 1884. HISTOKICAL MANUSCRIPTS COMMISSION. 267 The nature of the duties which the chief officials discharged is Municipal exhibited in the document printed in No. I. of our Appendix, and entitled waterford " the order and manner of the election of Mayor and bailiffs and other — officers and of their solemn oaths, with other many usages and consue- tudes accustomed." The elections of the Mayor and officials were made annually. The members of the Council, having attended at a mass of the Holy Ghost, solemnly sung, proceeded from church to the election at the Guildhall. The authority of the Mayor was sustained by various enactments, under one of which a fine of one hundred pounds or loss of the right hand was decreed against any person who shed his blood. An act of 1477-8 alludes to the great danger and peril in which the city stood " daily as well by the King's English rebels as his Irish enemies, environed round about." All the gates on the quays of the city at the same period were, by law, to be made fast at six o'clock on every evening from Michaelmas to Easter, and at nine o'clock during the remainder of the year, not to be opened till daybreak without licence from the Mayor. The fees and amercements in the city courts and the murage and customs levied anciently at Waterford appear in the tables in Appendix Nos. II. and III. The particulars of the customs in the latter are stated in the manuscript to have been taken from ancient rolls 1 of Waterford, copied in 1474-76. The trade beyond Ireland, England, and Wales, appears to have been mainly with Flanders, Spain, and Portugal. " Other countries beyond sea " are also referred to. In Ireland the chief traffic of the Waterford citizens was with Callan, Carlow, Cashel, Clonmel, Fethard, Kilkenny, Kinsale, Ross, Wexford, and Youghal. The principal commodities named are cloth, fish, frises, hides, iron, malt, mantles, pitch, resin, saffron, salt, silk, timber, wheat, wines, and wool. The " Assize of bread " is given in Appendix IV. An Act of 1467 decreed that no alien born out of the dominions of the King of England should be received into the franchise of the city of Waterford unless he were a citizen's child born by chance " in any strange land." Every citizen and freeman " be he never so simple " was bound to have armour and sufficient " hand -weapons." The earliest acts of the Waterford Corporation recorded in this volume are those from 1365-7 to 1524-5. They are in English of a somewhat peculiar character, and are comprised in two sets styled " Liber primus " and " Liber secundus," both of which will be found in our Appendix, Nos. V. and VI. A further collection subsequently made of " ancient customs " is given in Appendix VII. After the collection of acts terminating in 1524-5, the manu- script contains a series of annual records commencing in 1526-7, of the proceedings of the Corporation in the elections of Mayors and officials, the admission of freemen, and the enactment of regulations. This series, in which there are some chasms, is carried down to the year 1649. The initial portions of the entries containing the names of the officials and of the persons admitted to the freedom of the city are in Latin, while the acts are in English. The early acts and ordinances in the two books above mentioned contain many matters illustrative of the internal and external relations of the Waterford community from the 1 A document of 1483 in the MS. is stated to have been copied from an ancient memorandum book of the city of Waterford, called the " Common paper." See p. 272. The " Old redd register book of the city of Waterford " is referred to in an entry under the year 1599. MS. fol. 1486. See also Appendix IV., p. 291. 268 HISTORICAL MANUSCRIPTS COMMISSION. Municipal fourteenth to the sixteenth century. Some of the enactments by the WaterforiT citizens of Waterford exhibit the position which they maintained — towards the native Irish people. Under an act of 1384 a penalty was incurred by any dweller in Waterford who cursed, defamed, or " despised " a citizen by calling him " Irishman." Men or apprentices of Irish blood were not admissible to the franchise of the city until they had received a grant of liberty from the King of England and undertook to be of English "array, habit, and apparel." Pleading in the Irish tongue in the city court was prohibited, unless in exceptional cases. No child of any gentleman of " Irish rule " of the adjacent counties was to be fostered or kept in sojourn in the city unless the custodian found sufficient surety to indemnify the citizens against loss from " all men " who might sue or "make any challenge for " such child whatever fortuned of him," while in the city. Intercourse was prohibited with any sept at war with the city. The Mayor and bailiffs were bound to seek redress from the " captains " or chiefs of districts in Kilkenny, Tipperary, and Wexford, in which damage was done to the person or goods of "any man, woman, or child of Waterford." Foreigners dwelling in the city were obliged to wear gowns and to " go in English array." The alienation of cross-bows, arrows, and guns, great or small, was prohibited by act of 1480-1. By an enactment of 1484--5, fines were decreed against breakers of glass windows in churches or chapels. Freemen not maintaining households in the city were to be amerced annually till they should " be married and keep hospitality." Regulations were also made in relation to the old and laudable custom of the city of holding " drinkings " on the six Sundays of Lent, and which appear to have been restricted to members of the municipal council. The arrangements in connexion with the establishment of guilds are exhibited in enactments 1 of the fifteenth century, while those of later date appear in the charter printed in Appendix X. In the entries of the affairs of the city in the sixteenth century 2 are in- cluded notices of the arrival there of officials and soldiery from England 1 A.D. 1485-6, Nos. CXVI.-XVIL, in Appendix V., pp. 319-20. 2 Stanihurst, in the sixteenth century, wrote as follows in relation to Waterford : — " This citie is properlie builded and verie well compact, somewhat close by reason of their thicke buildings and narrow streets. The haven is passing good by which the citizens through the intercourse of foren traffike in short space atteine to abund- ance of wealth. The soile about it is not all of the best, by reason of which th- aire is not verie subtill, yea nathelesse the sharpnesse of their witte.s seemeth to be nothing rebated or duld by reason of the grossenesse of the aire. For in good sooth the townesmen, and namelie students, are pregnant in conceiving, quicke in taking and sure in keepiug. The citizens are very heedie and warie in all their pubiike affaires, slow in the determining of matters of weight, Joving to looke yer they leap?. In choosing their magistrate they respect not onlie his riches, but also they weigh his experience. And therefore they elect for their Maior neither a rich man that is yoong nor an old man that is poore. They are cheerful in the interteinment of strangers, hartie one to another, nothing given to factions. They love no idle bench-whistlers, nor luskish faitors : for yoong and old are wholie addhted to thriving, the men commonlie to traffike, the women to spinning and carding. As they distill the best aqua vitse, so they spin the choisest rug in Ireland. A friend of mine being of late demurrant in London, and the weather by reason of an hard hoare frost being somewhat nipping, repaired to Paris garden, clad in one of these Waterford rugs. The mastifs had no sooner espied him, but deeming he had beene a beare, would faine have baited him. And were it not that the dogs were partly muzled and partly chained, he doubted not but that he should have been wd! tugd in this Irish rug ; whereupon he solemnlie vowed never to see beare baiting in anie such weed." " The second volume of Chronicles collected by Raphaell Holinshed." London, 1586, p. 24. HISTORICAL MANUSCRIPTS COMMISSION. 269 for service iu Ireland. Details are also given of the assistance which Municipal Waterford afforded to the administrators of the government of Queen ^^Itiovd. Elizabeth in wars with the Irish. An enactment made at Waterford — in 151)9 relative to attire will be found in Appendix VIII. The charters granted to Waterford by Elizabeth in 1574 and 1582-3 are entered in full in the manuscript, which does not, however, contain a copy of that from Charles L in 1626. The preamble to the latter set forth that the city of Waterford was an ancient city, that its inhabi- tants and citizens from its first foundation and the reduction of the kingdom of Ireland to the obedience of the kings of England and con- tinuously from that time, had been of civil conversation, endowed with good learning and generous manners, and apt and diligently intent upon the art of merchandize, that they were sprung from English stocks and to that day retained English surnames ; that the city in past times had been honored with the personal residence of Henry II. and John, kings of England, and that for faithful services, often happily done to the kings and their crowns, they in some old charters granted among other ensigns of honour that the city should be called u Urbs intacta " and " Camera Regis." 1 The original of this charter, in Latin, is preserved among the Waterford archives. The " Parchment Book " does not contain any documents of the Ostmen or descendants of the early Norse settlers in Waterford. Some of them aided Henry II. on his arrival there; and the assertion of their rights in the early part of the fourteenth century formed the subject of legal proceedings, the record of which is still extant. It is to be observed that important events which occurred at Waterford during the period over which the contents of the volume extend are unnoticed in the " Parch- ment Book." It contains no record of the expeditions made to Waterford by Richard II. in 1594 and 1399. The second of these formed portion of the subject of a contemporary French poem, which includes among its illustrations a drawing elegantly colored and gilt, in which is depicted the arrival of ships at Waterford with provisions for the royal army. 2 The " Parchment Book " furnishes no details of the energetic measures taken by the citizens in the reign cf Henry VII. against the adherents of Lambert Simnel and Perkin Warbeck, whence the designation of " Urbs intacta " was applied to Waterford. There is not any notice in the volume as to the circumstances under which Waterford was occupied in 1641 by the Irish Confederates, of which some vivid particulars were given in the letters 3 written on the spot by Mrs. Briver, wife of the Mayor. In the subsequent years till 1649, Waterford was under the rule of the Irish Confederation, but this manuscript during that period furnishes little more than the names of some of the civic officials, and of 1 "Animo nostro recolentes quod civitas predicta est antiqua civitas, et quod inhabitantes et cives civitates predicte a prima fundatione ejusdem et subjugationis predicti regni Hibernie in fidem regum Anglie, et continuo abinde, fuerunt civilis conversationis, bonis literis, moribusque generosis imbuti, et ad artem mercatoriam apti et diligenter intenti ; et quod a familiis et stirpibus Anglicanis orti sunt et cognomina Anglicana in hunc diem retineant ; quodque civitas hec, teniporibus retroactis, personali residencia regis Henrici Angliae, ejus nominis secundi, et Johannis, regis Anglie, honorata ; et pro fidelibus serviciis ad reges Anglie et coronas suas feliciter multoties actis, in aliquibus autiquis chartis et indultis hec insignia honoris inter alia obtinuerit, ut civitas predicta appelletur 1 Urbs iutacta' et ' Camera Regis/ " 2 Harleian MS. 1319. British Museum. Reproduced in Plate XXXIII. of Part III. of " Facsimiles of National Manuscripts of Ireland." London, 1879. 3 See " History of the Irish Confederation and War in Ireland, 1641-3." Dublin, 1882. 270 HISTORICAL MANUSCRIPTS COMMISSION. Municipal persons admitted to the freedom of the city. Among the latter were the tyATEBFOEi)! following who had close relations with the Confederation, although no — reference to that circumstance appears on record in the manuscript : Richard Bellings, Secretary of the Supreme Council ; Carlo Francesco Invernizio, chief priest of Milan Cathedral ; Pietro Francesco Scarampi, Papal Delegate to Ireland; Edward Tirrell, D.D., Agent to Louis XIV. from the Confederation ; Diego de la Torre, envoy from Spain to the Confederates ; Edward, Earl of Glamorgan, subsequently Marquis of Worcester, and his brother, Lord John Somerset. The last entries in the manuscript in relation to the election of the Mayor and admissions to the franchise are those for 1649. In that year Waterford was ineffectively besieged by Oliver Cromwell, and in August 16-50 it surrendered to the forces of the Parliament of Eng- land under Ireton. A calendar of the contents of the " Parchment Book of Waterford " and the extracts appended from the manuscript are now published for the first time. Calendar of Contents of Ancient Register-Book of City of Waterford. Fol, " Registrum et tabula istius libri " : old table of portion of contents. Incomplete - - - - - lb 1 A.D. 1541.— [33 Henry VIII.]— Peter Dobyn, Mayor, Robert Stronge and Robert Walssh, Bailiffs : Memorandum in relation to e< the grant and fermes of the landes, tenancies, and thethes [tithes] of Kylkilling and of the late house of Gray Freres " 4 u Firma Jacobi Wodlock et consortium suorum " etc. : Memo- randum, 31 March, 1542, on lease from " Maister Mayor, Bailiffs, and citisaynes" to James Wodlock, Edmund Sherlock, and John Nele, of " the town and town-place of Kylkyllin," etc. with re- servations to Mayor, Bailiffs, and citizens, in connection with " the Pill of Donkit," " the late house of Gray Freres " within Waterford, the setting of ferns and rushes, pasture of horses re- sorting with carriage at the bank, the conveying of " all manner laying and ballast stones and clay for the affairs of the city and suburbs " - & Memorandum on lands held by Piers Butler, Earl of Ormonde and Ossory, deceased, and Margaret, his wife, from Dame Katherine Mothinge, Abbess of the late dissolved house of Kil- klethin 2 and the Convent of the same. — 3rd May, 1535. — [27 Henry VIII.] 66 Inquisition at Waterford, 18th September, 28 Henry VIII. — [A.D. 1536] — before William Lincoll, Mayor of that city and King's Escheator, etc. relative to the " Priore, Monasterie, house, hospital or cell of St. John's," near the city of Waterford - 7 Inquisition at Waterford, 18th September, 28 Henry VIII. [A.D. 1536] before William Lincol), Mayor and ^King's Eschea- tor, etc., relative to the same Priory, and to the claims on it by the Abbey of SS. Peter and Paul at Bath, and reference to Act of Parliament at Dublin, 1st May, 28 Henry VIII. [1536], before Leonard Grey, Lord Deputy of Ireland - - - 76 1 Fol. la is blank. 2 In County of Kilkenny. HISTORICAL MANUSCRIPTS COMMISSION. 271 Fol. Municipal Indenture, 13th December, 6 Edward IV. [A.D. 1466] between wateSoed. Mayor, Bailiffs, and Commons of the city of Waterford, and — Thomas, Prior of the Cathedral Church of Bath and the convent of the same place, and all their tenants and parishioners of St. John the Evangelist, beside the said city of Waterford - - 8b Charter from John, Earl of Moretain : Protection for brethren of house of Hospital of St. John of Waterford. Witnesses : Wil- liam de Weneval, etc.— Undated. [A.D. 1185-1199] - - 9 Writ from Henry VIII., addressed to William Saint Loe, James White, and James Wodloke, of Waterford, relative to dissolution of Hospital of St. John the Evangelist, at Waterford. — Dated at Dublin, 12th June, 28 Henry VIII. [1536] - - „ Petition, in French, to King [Edward III.] and Council in England from Mayor and citizens of Waterford, commencing as follows : " A lor tres resdoute seigneur, nostre seigneur le Roy> et a son tres sage counsaill : Monstrount vos pour[e]s leges, Maire et citteseines de sa citte de Waterford en Ireland," etc. The peti- tioners, in consideration of their various losses and reduced state, apply to have granted to them for ten years the issue of the cus- tom styled "coket," and remission of £16 8*. Ad. per annum out of their yearly rent to the Crown.— Undated. [A.D. 1371-2] - 96 Writ of Edward III., dated at Westminster, 30th March, 49th year [A.D. 1375] addressed to Stephen, Bishop of Meath, and John Kepoc, Justices of Pleas in Ireland, and William Ilger, Escheator of Ireland, on petition from Mayor, etc. of Waterford - ,, Inquisition at Kilkenny, by twenty-four jurors, before Stephen, Bishop of Meath, John Kepoc, and William Ilger, Escheator of Ireland, on Saturday after the feast of the Holy Trinity, 49 Edvvardilll. [A.D. 1375.] Incomplete i - - - „ Exemplification, by John Moriz, Deputy of John Darcy, Jus- ticiary of Ireland, at Dublin, 2nd of April, 17 Edward III. [A.D. 1343] of inspeximus of charter of Edward I. to Hospital of St. John the Baptist and Hospitallers of St. John of Jerusalem, dated at Winton, 20th June, 37 Henry III. [A.D. 1253]; Inspeximus of charter of Henry III. of protection to the Hospi- tallers of Jerusalem, dated at Winton, 23 June, 37 Henry III, [A.D. 1253]. Confirmed by Edward I. at Westminster, 8th June, eighth year [A.D. 1280] : Also the following confirmations of same grant : York, 30th June, 1 Edward II. [A.D. 1308] ; Chertsey, 20th September, 2 Edward H. [A.D. 1308] - - 11 Exemplification, at Westminster, 14th May, 36 Edward 111. [A.D. 1362] of petition in French from Mayor and Commonalty, of the city of Waterford - - - - - - 1 2 Writ from Edward III., Westminster. 1st April, twenty-sixth year [A.D. 1352] addressed to Prior and Hospital of St. John of Jerusalem in Ireland^ relative to encroachments on the King's prerogatives - - - - - - - 126 Letters Patent, dated Dublin, 8th May, thirteenth year of Edward IV. [A.D. 1473]. ^Containing inspeximus of pleas at Dublin before Sir Robert Dovedall and Robert FitzRery, " gentil- man," Chief Justice of the King's Bench in Ireland, in Michaelmas 1 Leaf 10 is missing. 272 HISTORICAL MANUSCRIPTS COMMISSION. Municipal Fol. VatbSomJ term > 12 Edward IV., in relation to customs and franchises in — Thomastown, Inistioc, St. Mullins, Ross, etc. Recital of charters and records of reigns of Henry III., Richard II., and Henry VI. - 13 Charter from Edward IV., 30th July, fourteenth year [A.D. 1474], granting to Mayor, Bailiffs, and citizens of Waterford ten pounds per annum out of fee-farm of city - - - 19 Charter of Edward IV., dated at Westminster, 5th August [A.D. 1474], fourteenth year, granting to Major, Bailiffs, and citizens of Waterford permission to appoint two Commissioners to state their accounts annually, with immunity to the Mayor, etc. - 196 M What fees due to the Water Balyff : By vertue of a warrant directed unto us, the undernamed, 1 by the Right Worshipful John Sherloke, Esq., Maior of the cittie of Waterford, bearinge date the 17th of October, 1618, for the excessive dutyes and feese of corne and saulte taken by Dominicke Linch, Waterbailiffe of Waterford, of shippes and barckes of corne and saulte that comes to this cittie of Waterford, we have duily and truly examined and perused the said feeses, which wee thought good to certifie under our hands as foloweth, dated the eighteenth of October, 1628 " - - 20 Order and manner of election of Mayor, BaiihTs, and other officers, with oaths of the following : Mayor, Sheriffs, Bailiff- Receiver, Recorder, four Sergeants, Water-Bailiffs, Jailer, Constables, Members of the Council, Measurers, Porters, Porters of the Gates, Water-Bailiff at Passage, Aldermen and Jurats, Town Clerk, Auditors, Surveyors, Clerks of Corn Market, and Justices of the Peace. — Appendix I. - - - 21 2 Fees and amercements of city Courts, Waterford. — Appendix II, 28 Murage and ancient customs levied at Waterford.— Appendix III. 30 Regulations, A.D. 1483-4, for assize and weight of bread within the city of Waterford. — Appendix IV. - 306 Memorandum of agreement between Mayor and Commons of Waterford and James Sherloke, "cittisaine of the same," in relation to land in county of Waterford : " Tempore Jacobi Rice, Maioris, Johannis Lincoll et Henrici Fagan, Ballivorum civitatis Waterfordie, anno regni Regis Henrici Septimi primo, anno Domini 1483 : — Vera copia extracta ex antico libro memoran- dorum civitatis Waterfordie vocato le Commone paper, examinata et exemplificata per subscriptos : " — Richard Strange, Mayor, etc. 316 Order, in Michaelmas term, 1629, by Privy Council, Dublin, in relation to fees to be paid to officers of Exchequer by the Sheriffs of Waterford, on passing their accounts 3 326 Act by Mayor and citizens of Waterford, dated 1st June, thirty-sixth year of Elizabeth [A.D. 1594], for constitution of Guild of Glovers, Shoemakers, etc. - - - - 34 Act by Mayor, Sheriffs, and citizens of Waterford, 1626, for incorporating Guild of Tailors, Saddlers, Hat-makers, Haber- dashers, Hosiers, " Broduers," and Button -makers, resident within the city of Waterford. — Appendix X. - - - - 366 Order, by Adam, Lord Viscount Loftus of Ely, Lord Chancellor of Ireland, Chief Judge of the High Court of Admiralty, directing 1 Alexander Leonard, John Skiddy, Thomas White, and John Ley. 2 The leaf following fol. 21 was not numbered in the original. It is hereafter referred to as 21*. 3 Leaf 33 is missing. HISTORICAL MANUSCRIPTS COMMISSION. 273 Fol. Municipal Sir John Crosbie to take charge of the ship called " the three wTtbmord! Kings of Enchusen," then in the port of Waterford, with company — of twenty-eight men. Dated 24th September, 1629 - - 38 Order, dated, at the Castle of Dublin, 8th August, 1631, by Adam Loftus and Richard, Earl of Cork, Lords Justices, prohibit- ing detention of Patrick Sherloke, who was to be examined at Waterford in suit between the Baron of Kearie [Kerry] and Lighsnae [Lixnaw] and the Lady of Kearie, his mother-in-law, and his children - - - - - - -39 Act by Mayor and Sheriffs of Waterford, in their " public Dernhundred," before the feast of Easter, for incorporating Guild of "cotners, shermen, tuckers, clothiers, and diers," residing within the city of Waterford and its liberties. Dated 2nd May, 1632 - 39ft 1 " Liber Primus : " First book of Acts and statutes of the city of Waterford, A.D. 1365-7— 1524-25.— Appendix V. - 42 A.D. 1526-7.— [18 Henry VIII.]— John Morgan, Mayor, William Lyncoll and John Lumbard, Bailiffs. — Acts - - 67 A.D. 1529-30.— [21 Henry VIII.]— James Sheriok, Mayor, John Sheriok and Thomas Lumbard, Bailiffs. — Acts - - 676 A.D, 1530-31.— [22 Henry VIII.]— John Morgan, Mayor, William Lyncoll and Edward Sheriok, Bailiffs. — Acts - - 68 A.D. 1533-4.— [25 Henry VIII.]— William Wise, xMayor, James Wodlock and Peter Dobynn, Bailiffs. — Acts - - 686 A.D. 1534-5 — [26 Henry VIII.]— George Sherloke, Mayor, James Walshe and Edward Sherloke, Bailiffs. — Acts, - - 69 A.D. 1535-6.— [27 Henry VIII.]— William Lyncoll, Mayor, Peter Dobyne et Thomas Sherloke, Bailiffs. — Acts - - 696 A.D. 1536-7.— [28 Henry VIII.]— Thomas Lumbard, Mayor, John Butler and James Madan, Bailiffs. — Acts - 69* 2 A.D. 1538-9,— [30 Henry VIII.]— Edward Sherloke, Mayor, John Butler and Thomas Sherloke, Bailiffs. — Acts - - 69*6 A.D. 1541-2— [33 Henry VIII.]— Peter Dobyn, Mayor, Kobert Stronge and Robert Walsh, Bailiffs. — Acts - - - „ A.D. 1542-3.— [34 Henry VIII.]— James White, Mayor, Nicholas Leus and Thomas Graunt, Bailiffs. — Acts and admis- sions - - - - - - - -70 A.D. 1543-4.— [35 Henry \ VIII.]— William Lyncoll, Mayor, Robert Walsh and William Maddan, Bailiffs. — Admissions - 706 A.D. 1544-5.— [36 Henry VIII.]— Edward Sherlock, Mayor, Maurice Wise and Henry Walsh, Bailiffs. — Admissions - - 71 A.D. 1546-7— [38 Henry VIII.] — Peter Dobyn, Mayor, Thomas Grant and William Lumbard, Bailiffs. — Admissions - 716 A.D. 1546-7.— 1547-8.— [I Edward VI.]— James Walssh, Mayor, Thomas Wise and William Maddan, Bailiffs. — Admissions „ A.D. 1547-8.— 1548-9.— [2 Edward VI.]— James Madan, Mayor, Maurice Wise and Nicholas Leeos, Bailiffs. — Admissions 72 1 Fol. 41 is missing. 2 Between leaves (59 and 70 is a leaf above referred to as 69*. Leaves 68 to 93 bear an additional old numeration extending from 27 to 73. O 84068. S 274 HISTORICAL MANUSCRIPTS COMMISSION. Municipal Yo\. waSforp* A.D. 1548-9.— 1549-50.— [3 Edward VI.]— Thomas Sherlock, Mayor, James Wodlok and Thomas Grant, Bailiffs. — Admissions 72 A.D. 1549-50.— 1550-51.— [4 Edward VI.]— Walter Cowle, Mayor, Thomas Wise and John Sherlok, Bailiffs. — Admissions - 726 A.D. 1550-51.— 1551-2.— [5 Edward VI.]— David Walshe, Mayor, James Wodloke and James Walshe, Bailiffs. — Admis- sions 1 - - - - . - -73 A.D. 1551-52.— 1552-53.— [6 Edward VI.]— Peter Dobben, Mayor, Peter Stronge and John Wise, Bailiffs. — Admissions - 736 A.D. 1550-51.— 1551-52.— [5 Edward VI.]— David Walshe, Mayor, James Wodlocke and James Walshe, Bailiffs. — Acts - 74 « The othe of the Craftis " of the city of Waterford - - 746 A.D. 1551-52.— 1552-53.— [6 Edward VI.]— Peter Dobbin, Mayor, Peter Stronge and John Wise, Bailiffs. — Acts - - 75 A.D. 1553-4. — [1 Mary.]— James Madan, Mayor, John Nele, and Peter Walshe, Bailiffs. — Admissions - 766 A.D. 1554. — [1 and 2 Philip and Mary.] — Maurice Wise, Mayor, Peter Aillward and John Sherloke, Bailiffs. — Admissions and Acts - - - - - » -„ A.D. 1555.— [2 and 3 Philip and Mary.]— Robert Walshe, Mayor, John Wyse and Paul Lombard, Bailiffs. — Admissions - 816 A.D. 1556. — [3 and 4 Philip and Mary.]— Henry Walshe, Mayor, Peter Walshe and James Walshe, Bailiff's. — Admissions 2 - 82 A.D. 1557.— [4 and 5 Philip and Mary.]— Peter Dobben, Mayor, John Nele and James Grant, Bailiffs. — Admissions - 826 A.D. 1558. — [5 and 6 Philip and Mary.]— Maurice ;|Wise, Mayor, James Lumbarde and Philip Quemerford, Bailiffs. — Admissions » - * - - - - 8,'^ A.D. 1559. — [1 Elizabeth.] — John Sherlok, Mayor, Nicholas Lombarde and Richard Lucker, Bailiffs. — Admissions, acts, and " the oth of the wards and sub-wards of the cittie of Waterford and subburbs of the same ------ 836 A.D. 1560.— [2 Elizabeth.] — Peter Stronge, Mayor, James Lombarde and J ames Grant, Bailiffs. — Admissions - - 856 A.D. 1561. — [3 Elizabeth.] — John Wise, Mayor, James Walshe and Paul Lombarde, Bailiffs. — Admissions - 866 A.D. 1562. — [4 Elizabeth.] — James W T alshe, Mayor, John Nele and Patrick Dobben, Bailiffs. — Admissions and Acts - - 87 A.D. 1563. — [5 Elizabeth.] — Henry Wise, Mayor, Nicholas Lumbarde and James Madan, Bailiffs. — Admissions - - 886 A.D. 1563.— [5 Elizabeth.]— Peter Walshe, 3 Mayor, Nicholas Lumbarde and James Madan, Bailiffs. — Admissions - - „ A.D. 1564.— [6 Elizabeth.]— James Walshe FitzRoberde, Mayor, James Butler and James Sherlok, Bailiffs. — Admissions and Acts - - - - - - - SO \ 2 The lower halves of leaves 73 and 82 have been cut away. 3 Elected on death of Wise, in December 1563. HISTORICAL MANUSCRIPTS COMMISSION. 275 Fol. A D. 1565.— [7 Elizabeth.]— John Nelle, Mayor, John Madan and Peter Sherlok, Bailiffs. — Admissions ... - 896 A.D. 1566.— [8 Elizabeth.]— Peter Aylward, Mayor, George Wyse, and Nicholas Lumbard, Bailiffs. 1 — Admissions, Acts, and charter to Waterford from Queen Elizabeth, dated 8th of February 1568-9 91 A.D. 1567. — [9 Elizabeth.] — Patrick Doben, Mayor, James Lumbard and Philip Quemerford, Bailiffs.— Admissions 2 - A.D. 1568. — [10 Elizabeth.] — Nicholas Lumbarde, Mayor, James Sherlock FitzJohn, and James Sherlock FitzThomas, Bailiffs. — Admissions and Acts - A.D. 1569.— [11 Elizabeth.]— Peter Walshe, Mayor, James Butler and John Lionarde, Bailiffs. — Admissions - 102 A.D. 1570.— [12 Elizabeth.]— Philip Quemerford, Mayor, Peter Sherlocke and Nicholas Ley, Bailiffs. — Admissions and Acts - 103 A.D. 1571.— [13 Elizabeth.]— George Wise, Mayor, Thomas Wise and James Lincoll, Bailiffs.— Admissions - 10-1 A.D. 1572. — [14 Elizabeth.] — James Madan, Mayor, Richard Strang and Patrick Quemerford, Bailiffs. — Admissions - - 1046 A.D. 1573.— [15 Elizabeth.]— James Sherlocke FitzThomas, Mayor, James Sherlocke FitzJohn and Thomas Leus, Bailiffs. — Admissions - - - - - - - „ A.D. 1575.— [17 Elizabeth.]— James Walsh FitzRobert, Mayor, Patrick Quemerforde and Robert Walsh FitzPeter, Sheriffs. 3 — Admission and Acts - 105 1 " Liber Secundus " : Second Book of Waterford " Ordinances." 1407-8— 1464-5.— Appendix VI. - - - - 107 Ancient Customs in the City of Waterford. — Appendix VII. - 110 A.D. 1576. — [18 Elizabeth.] — James Butler, Mayor, Richard Strang and Nicholas Ley, Sheriffs. — Admissions 5 - - 1136 Charter to the city of Waterford from Queen Elizabeth. Dated at Gorarabury, 16th July, sixteenth year [A.D. 1574] - - „ A.D. 1576.— [19 Elizabeth.]— Peter Sherlok, Mayor, Edward Walsh and John Leonard, Sheriffs. — Admissions - 1156 A.D. 1576, October 27.— Order, " by the Maior of the citie of Waterforde, Admirall of the great Port and haven of the same," prohibiting the sale of fish except at the quays of Waterford and Ross - - - - - - - -116 A.D. 1577. — [20 Elizabeth.]— Peter Ailwarde, Mayor, James Lumbard and Patrick Comerforde, Sheriffs. — Admissions and Acts - - - 1166 A.D. 1578.— [20 Elizabeth.]— Patrick Walsh, Mayor, Thomas Wise and Robert Walsh FitzPeter, Sheriffs. — Admissions- - 119 A.D. 1579.— [21 Elizabeth.]— Patrick Dobben, Mayor, John Leonard and Nicholas Quemerforde FitzPhilip, Sheriffs. — No entries on this page, except the heading with these names 6 - 1196 1 A reproduction of fol. 91 appears in the Appendix to " Facsimiles of National MSS. of Ireland." Part IV. 2. London, 1834. 2 , 4 The lower halves of leaves 97 and 108 have been cut away. 3 The sheriffs were constituted under the charter of Queen Elizabeth, in 1574. 5 , 6 Leaves 112 and 120 are missing. S 2 Municipal • Archives of Wathrfoed. 97 98 276 HISTORICAL MANUSCRIPTS COMMISSION. Municipal Archives of Fol. Watotorp. ad 1581. — [23 Elizabeth.] — Richard Strange, Mayor, Nicholas Quemerforde FitzPhilip and Edward Quemerforde, Sheriffs. — Admissions - - - - - -121 Charter from Queen Elizabeth to Mayor, etc. of Waterford. Dated at Westminster, 12th March, twenty-fifth year [A.D. 1582-3] 1 - 1216 A.D. 1591.— [32 Elizabeth.]— James Sherlock FitzJohn, Mayor, Nicholas Wise and Richard Madan, Sheriffs. — No entries on this page, except the heading with these names - - - 130 A.D. 1592.— [33 Elizabeth.] — John Lionarde, Mayor, Balthazar Wodlock and Thomas Whit, Sheriffs. — Admissions and Acts - 131 A.D. 1592. — [34 Elizabeth.] — Richard Aylward, Mayor, Nicholas Wyse et Paul Strange, Sheriffs. No entries on this page, except these names - L326 A.D. 1593, April 27.— Acts in Easter Dernhundred - - 133 A.D. 1593.— [35 Elizabeth.] — Patrick Morgan, Mayor, Thomas White and George Quemerforde, Sheriffs. — No entries on this page, except the heading with these names - - - - 134 A.D. 1594.— [36 Elizabeth.]— Paul Sherlok, Mayor, Richard Madan and John Quemerford, Sheriffs.— Admissions and Acts - 135 A.D. 1595. — [37 Elizabeth.] — Thomas Wadding, Mayor, Robert Walsh Fitz James and James Lumbard, Sheriffs. — Ad- missions - - - - - - - -138 A.D. 1596.— [38 Elizabeth.]— James White, Mayor, Richard Madan and George Quemerford, Sheriffs. — Admissions and Acts - - - - - - - - 140 A.D. 1597.— [39 Elizabeth.]— Paul Strange, Mayor, Thomas Wise and Thomas Walsh, Sheriffs. — Admissions and Acts - 142 A.D. 1598.— [40 Elizabeth.]— Thomas White, Mayor, James Lumbard and John Quemerford, Sheriffs. — Admissions and Acts - - - - - - - - 144 A.D. 1599.— [41 Elizabeth.]— Richard Madan, Mayor, James Sherlock and William Baron, Sheriffs. — Admissions and Acts - 147 " The Rentaile and Langable rent of all lands appertayning to the bodie polliticke of the citie of Waterford, extract the seaventh day of January, 1599, annoque regni Regine nostre, Elizabethe, que nunc est, quadragesimo secundo " - - - 149 " Lands in fee." — u The Dean and Chapter." — " Sainct Saviours chappell." — Saint James [h]is chappie " - 1496 "Lands in lease within the citie." — " John Wise Fitz James," etc. - 153 il Lands at Berronstroncl in lease " - 1556 " Lands in lease at Coldebeck " - - - - 156 " The owt-lands ------- 1566 A.D. 1600.— [42 Elizabeth.]— Edward Goeghe, Mayor, George Sherlock and Thomas Cnainsbrowgh, Sheriffs. — Admissions - 1596 A.D. 1601.— [43 Elizabeth.]— Robert Walsh, Mayor, Nicholas Madan and Walter Sherlock, Sheriffs. — Admissions and Acts - 161 Leaves 123 to 129, inclusive, are missing. HISTORICAL MANUSCRIPTS COMMISSION. 277 A.D. 1602.— [44 Elizabeth.]— Robert Welsh, Mayor, David archives of Walsh and Michael Browne, Sheriffs.— Admissions 1 - - 1626 WaT Z1 F0RI) - A.D. 1603.— [1 James I.]— James Sherlok, Mayor, Thomas Strange and James Lyvett, Sheriffs. — Admissions and Acts 2 - 1636 A.D. 1604.— [2 James I.] — George Sherlok, Mayor, Richard Wadding and Robert Strange, Sheriffs. — Admissions and Acts - 165 A.D. 1605. — [3 James I.] — Richard Ailward, Mayor, James Bryver and James Walsh, Sheriffs. — Admissions and Acts - 167 A.D. 1606.— [4 James I.] — Paul Sherlock, Mayor, George Lea and John Browne, Sheriffs. — Admissions 3 - - - 1686 A.D. 1606. — [4 James I.] — Stephen Leonard, Mayor, George Lea and John Browne, Sheriffs. — No entries on this page, except the heading with these names ----- 169 A.D. 1606. — [4 James I.J — Nicholas Wyse, Mayor, George Lea and John Browne, Sheriffs. — No entries on this page, except the heading with these names - - - - - 169 A-D. 1606. — [4 James I.] — Thomas White, Mayor, George Lea and John Browne, Sheriffs. — No entries on this page, except the heading with these names ----- 1696 A.D. 1606. — [4 James I.] — Richard Ailevvard, Mayor, John Aylewarde and James FitzGeralde, Sheriffs. — No entries on this page, except the heading with these names - - - 170 A.D. 1607. — [5 James I.] — Thomas Strange, Mayor, Robert Strange and Robert Walsh, Sheriffs. — Admissions - - 1706 A.D. 1608.— [6 James I.]— Paul Sherloke, Mayor, John Browne and Alexander Cuff, Sheriffs. — Admissions - - - 17 1 A.D. 1609. — [7 James I.] Stephen Leonard, Mayor, Walter Sherloke and Nicholas White, Sheriffs. — Admissions - - 1716 A.D. 1610. — [8 James L] — James Livett, Mayor, James Bryver and Alexander Leonard, Sheriffs. — Admissions - - 172 A.D. 1611.— [9 James I.]— Richard Wadding, Mayor, Richard Butler and William Lincoll, Sheriffs. — Admissions 4 - - 1726 A.D. 1614. — [12 James I.] — Alexander Cuff, Mayor, James Walshe FitzMartyn et Michael Hore, Sheriffs. — No entries on this page, except the heading with these names - - - 178 A.D. 1614.— [12 James I.]— Walter Sherlocke, Mayor, Jasper Wodlocke and Patrick Meyler, Sheriffs. — Admissions 5 - - 1786 A.D. 1615. — [13 James I.] — Alexander, Leonard, Mayor. Solomon Strange and Robert Leonard, Sheriffs. — Acts - 181 A.D. 1615. — [13 James I.] —Nicholas White, Mayor, James Wodlock and James Lombard, Sheriffs. — Admissions - - 1826 A.D. 1626.— [2 Charles I.]— James W r oodlock, Mayor, Robert Leonard and Mathew Grante, Sheriffs. — Admissions - - 185 A.D. 1627.— [3 Charles 1.]— Peter Ailward, Mayor, Bar- tholomew Lincoll and William Lincoll, Sheriffs. — Admissions - 188 A.D. 1628, April 21. — Act in Easter Dernhundred relative to admitting apprentices - 189 \ V The upper portions of leaves 162, 163, and 168 are mining. 4 Leaves 173 to 177, inclusive, are missing. 5 Leaves 179 and 180 are missing. 278 HISTORICAL MANUSCRIPTS COMMISSION. Municipal Fol. w^RPo^f. A.D. 1628.— [4 Charles I.] — John Skerlocke de Gracedieu, Mayor, Paul Sherloke and John Lyuett, Sheriffs. — -No entries on this page, except these names 1 ----- 1896 A.D. 1629 —[5 Charles I.]— William Dobyn, of Ballymackill, co. Waterfowl, Mayor, John Fagan and William Cleere, Sheriffs. — Admissions - 191 A.D. 1630.— [6 Charles I.]— Robert Wyse, of Credan, co. Waterfcrd, Mayor, Thomas White and James Lumbard, Sheriffs. — Admissions - - - - - - -192 A.D. 1631.— [7 Charles I.]— James Walshe, of Waterford, Mayor, Thomas Mayne and Patrick White, Sheriffs. — Admissions 193 A.D.— 1632.— [8 Charles I.]— Sir Thomas Sherloke, Mayor, Nicholas Browne and Andrew Wyse, Sheriffs. — Admissions - 194 A.D. 1633.— [9 Charles I.]— Thomas Goeghe, Mayor, Chris- topher Sherloke and Nicholas Strange, Sheriffs.— Admissions - 195 " Here followeth all such feffementes and ferms yeven oute by Maire and commones of the cite of Waterforde in perpetuite or for term of yeres " - - - - - - 196 In the entries under this head, "extending from fol. 196a to fol. 2106, are dates and names of Mayors and Bailiffs of the city of Waterford, from John Malpas, Mayor, A..D. 1365-6 — 1366-7, to James Madan, Mayor, A.D. 1548. Memoranda on messuages and lands set by the city of Waterford in the twenty- sixth year of Henry VIII. [A.D. 1534-5.] and the fourth year of Edward VI. [A.D. 1549-50. — 1550-51.] - - 210& A.D. 1634.— [10 Charles I.]— Richard Strange, Mayor, Matthew Grant and Gerald FitzGerald, Sheriffs. — Admissions 2 - 211 A.D. 1635.— [11 Charles I.]— John Skiddy, Mayor, William Lincoll and Gerald Lincoll, Sheriffs. — Admissions - - 2 1 2 A.D. 1636. — [12 Charles I.] — [Richard Butler], Mayor, Francis Briver and Richard FitzGerald, Sheriffs. — Admissions 3 - 213 A.D. 1637.— [13 Charles I.]— -James White, Mayor, John Lyvet and Redmund FitzGerald, Sheriffs. — Admissions - -214 Agreement by John [Atherton], Bishop of Waterford and Lismore, Edward Parry, Dean of Waterford, and officials of Cathedral of Blessed Trinity, Waterford, in relation to repairs of that church.— Dated 4th of November, 1637 - - - 215 A.D. 1633.— [14 Charles I.]— Nicholas Wise, Mayor, John Blueth and John Morgan, Sheriffs. — No entries on this page, except the heading with these names of the officials for the year - 216 A.D. 1639.— [15 Charles I.]— Robert Lombard, Mayor, Luke White and John FitzGerald, Sheriffs. — No entries on this page, except the heading, which contains the preceding names of the officials for the year - - - - - - 217 A.D. 1640.— [16 Charles I.]— Mathew Grant, Mayor, Mathew Porter and Henry White, Sheriffs. — Admissions - - - 218 1 Leaf 190 is missing. 2 The leaves after 210 have no old agination. 3 The upper part of this leaf, containing name of Mayor, has been cut away. The date and some letters are gilt. Rubricated capitals appear on leaves 211, 212, and 214. HISTORICAL MANUSCRIPTS COMMISSION. 279 -rn , Municipal -E 01. Archives oi-' Exemplification, under the mayoralty seal of the city of Water- Wxtbrforp. ford, of documents, A.D. 1597 and A.D. 1601, connected with James Madan Fitz- William, Paul Sherlock, James Sherlock Fitz- James and James Sherlock Fitz John, in relation to St. Katherine's grange, near Waterford 1 - - 21*96 Letter from Charles I., Oxford, 27th December, 1643: Authority to Sir Robert Wailsh to raise, enrol, and retain one regiment of one thousand foot in Ireland for the service of the King 222 A.D. 1644. — [20 Charles I.]. — Luke White, Mayor, Lawrence Barron and Nicholas Jones, Sheriffs. — Admissions as follow 2 : " Hoc anno recepti sunt ab libertatem civitatis Waterford prse - dicta? : Richardus Bellings, armiger. Richardus Berford, armiger. Carolus Franciscus Invernitius. Petrus Franciscus Scairampus " - - 223 A.D. 1645.— [21 Charles I.]— Gerald Lincoll, Mayor, Peter Morgan and James Lincoll, Sheriffs. — Admissions, including the following : " Edwardus Tirrell, Sacra? Theologian Doctor, etc. " 26 Februarii, 1645[-6] : PrEenobilissimus Dominus, Dominus Edwardus, Comes Glanmorgan. " Nobilissimus Dominus, Dominus Johannes Somersett, frater dicti Comitis Glanmorgan " - - - - - 224 Petition of the <{ Masters and Confraternities of the seaven Companies of the Architects of Waterford " to the " Mayor, Sherriffs, and cittizens of Waterford." Signed by the Masters of the " hammermen/' masons, shoemakers, shermen, weavers, tailors and carpenters. With order, dated 10th April, 1646 - - 225 A.D. 1646.— [22 Charles I.]— Paul Waddinge, Mayor, Edmund FitzGerald, and James Walshe, Sheriffs. — Admissions, including the following : " Johannes Birne, Centurio. " Jacobus De Latorre, Secretarius Excellentissima? Catholicae Majestatis [Philip IV.] " Richardus Blake, Miles. " Petrus Power, de Cullfyn, Armiger, nunc Vicecomes Water- ford. " Martinus Leonard, Doctor Medicime." - - - 2256 A.D. 1647.— [23 Charles I.]— John Blueth, Mayor, Francis Butler and Martin Gall, Sheriffs. — Admissions - - - 2266 A.D. 1648.— [24 Charles I.]— John Walsh, Mayor, Andrew Morgan and Bartholomew Sherloke, Sheriffs. — No entries on this page except the heading with these names - 227 h A.D. 1649. — John Livet, Mayor, Nicholas FitzGerald, and James Linhame, Sheriffs. — Admissions. — In margins on two coats of arms partly colored in red. Portion of page erased 3 - -229 1 Leaf 221 is blank. The MS. does not contain records of the elections or acts between 1640 and 1643. The Mayors during that period were : 1641, Francis Briver ; 1642, Thomas White ; 1643, Redmond Gerald. 2 See introductory observations, p. 270. The upper half of leaf 222 of the MS. has been cut away. 3 T. a » vaa 230 and 231 are blank. 280 HISTORICAL MANUSCRIPTS COMMISSION. Muxicipai, Archives of Wattofobd. Ancient Regulations at Waterford for Elections of Mayors and Officials. 21 • " Here folowith the ordre and uianere of the election of Maire and balyves, and othre officers, and of their solempne othes, with othre many usuages and consuetudes accustumed. ** The Proposition used in the day of the election. " Right Worshupfull inaistres, it is, I doubt not, stabled in your remembrance how it have bene oute of tyme of mynde accustumed within this citie of Waterford, as wele by the good olde and laudable custom of the same as by dyvers severall grants and lettres patents of the Kyngs noble progenitors and predecessors, made, granted, and con- firmed to the citisains of the same citie, the which grants and lettres patents the Kyng, oure Soveraigne Lorde, that now is, of his noble good grace have ratified, approved, and confermed that yerly this pre- sent Monday next aftre the Visitacion of Our Ladye, 1 all the citisains then beyng and restyng within the citie hooly 2 assembled in a place deputed for the same aftre that they and every of them were solempny sompned 3 by the Sergeants of the citie, the Sonday next befor the present Monday, and that they by ther [w]hole commene assent shold electe and chose one to be Maire, and two balyves, to have the rule and governannce of the citie for the yere then next folowing. " Worshupfull maistres, it is so, that for the same cause all ye bene sompned and assembled to be here the same day that ye and every of you singularly shall gyve his voice and free election according as well with the forsaid good, olde, and laudable custom and grannts as with othre dyvers ordynances and establements made upon the same within the citie ; and, nowe, by your commune assent to electe and chose one parson 4 to be Maire, and two balives, the most able parsons 5 of policie and prudence that ye shall thynk most expedient and necessary for the com- mene weale and profite of the citie ; and that, for noo favour, nor malice, but upon such charge and conscience as ye here and owe to the citie, the said Mayre and balives, so by you chosen, may have the rule and governannce of the citie for this yere next following, they to rule and governe the same aftre ther discretions in suche wise as shall accorde with God [h]is plesire, the King, our Sovereigne Lorde [h]is honour, and the commene weale of the citie. " Ye have here, my worshupfull maistres, A.B., Maire, CD. and E.F., balives of the same, whom ye, of your commene assent by election have elected and chose to be officers of the citie for this yere last passid. all be it by ther owne report and also commanded me to say the same, that thei bene and were full symple and unable to bere the rule and charge of soo honorable a citie and commenes as here bene, they and every of them thank you right hertly that it pleasid it you, of your benyvolence to admytt thabilitie of ther parsons to take and bere that charge, ther symplenesse considerid. And they yeve you ther especiall thanck and laude as for the most lowly and humble commynes in obediennce that ever ony officers hadd or have in charge or governannce. And, by all ther powers and wisdome, by the sadd and ripe advice of the said con- saile, they have ruled and governed the citie in every poynt all this yere 1 July 2. In 1480-1 the election was ordered to be held on the Monday after the festival of the Exaltation oi the Holy Cross, 14th of September. See No. CI., Appendix V. The day was altered as above bv Elizabeth's charter, in 1568-9. 2 wholly. 3 summoned. 4 , 5 person, persons. HISTORICAL MANUSCRIPTS COMMISSION. 281 that is last past as them thoght most goodly and profitable for any uny- ^MuNicnux^ versall commune weale of the same. And if they eoude or myght have Vaterford. done bettre thei wolde have soo done. And if there be any parson or parsons that can or may say or prove that my saide maistres, the Maire and balyves that bene present, or any of them, have offended you, or ony of you, othrewise then lawe requyreth, ye have here my sailde maistres fol. 21.* and every of them that bene redy to attend and satisfye the same as fer forth as lawe requyrith and the custumeof thecitie. " Maistre Maire, accordinge to the olde custome of this citie, ye shall arise and call unto you three of your brethren, and gyve your election with one or them. " Et tunc omnes cives procedant viva voce ad electionem. " Electione antea facta, Recordator ad electum dicat : " Maistre N. 1ST., it is so, that my right worshupfuli the commynes that bene here assemblid by ther free election and commene assent, have chosen and taken you as for the most able parson of wisdome and policie to be Maire of this citie under oure Soveraigne Lorde, the Kinge, for this yere folowing. And that ye, without negligennce or ignorannce, shall putt yourself in full besynesi and devoir to rule, guyde, and governe the citie by the advice of your consaile, with all your prudence, policy, and power, in such maner and forme as shalbe thought by you and the consaile of this citie most profitable and benificiall for the commene weale of the same. And my said right worshipfull Maistres, the commynes, hertly pray you so to do, and that ye shall have the more courage for thexcution of the same, my saide maistres bene and shalbe redy to gyve you ther ayde and assistence in all 'things concernyng the commyne weale and profite of this citie, and that as oft tymes as they or ony of them shalbe by your Maistreshippe requyred to doo the same. * Nowe, Maistres, procede to thelection of your ballives. " The Mayre [h]is othe. " Ye shall wele and truly serve our Soveraigne Lorde, the Kyng, in the office of the mairaltie of the citie of Waterford, and his profits ye shall do in all thyngs in asmuche as to you appartayneth, after your witt and f i, 21*6. power, and his rights to the crowne appartaynyng truly ye shall kepe. Ye shall not assent his rights nor his franches to be concelid. And where ye knowith the King's rights tuching the Crowne, be it in landis, rents, or francheses concelid, ye shall putt your true power, labour, and payne, the same to repele, and if ye may not so do, ye shall certify the same to the King, or to some of his Consaile, that ye be certayn that thei it tell to the King. " Also, the King's detts for yeft nor favour ye shall not respite there as ye may them raise Avithout great grevannce of the dettours. " Also, that wele and truly ye shall governe the people that bene or shal be undre you within your jurisdiction, and to every man ye shall doo right and play ne justice as to hym appartayneth, and ye shall not for meade, favour, love, nor malice, wrong do to anybody, nor his right distourb. " Also, that wele and truly ye shall acqnyte at the Eschecker the people that ye receveth of the King's detts, and nothyng ye shall receve where- by the King's rights may be distourbed, or his detts delayed. " Also, that wele and truly ye shall obey and retorne the King's writts and commandments, after your witt and power, and that no such writt nor commandment be receved by you butt if it be sealed under the King's business. 282 HISTORICAL MANUSCRIPTS COMMISSION. Municipal seale. Except that ye receve them of such officers as have power to wSSom delyver them by hande. — " Also, that wele and truly ye shall kepe the goode custumes and usuages of the citie. " Also, that wele and truly ye shall serve the office of Mairaltie of the staple, and right doo to every man. " And ye shall make noo freman of the staple, without the advise of the merchannts of the same. " Also, that wele and truly ye shall serve the office of the Clerck of the inarcket ; and in the same manere ye shall serve and occupy the office of f ol. 22. the Justice of the Peace, and that onys or two tymes in [blank] ye se the people of your jurisdiction mustred the yere with thair bodly harneis and wepyn hable for the defennce of the citie. " Also, that wele and truly ye shall occupy and governe the offices of the Eschetour, and Admyrall, and all thyng that to them doth appar- tayne, and to every of the premysses, wele and L truly ye shall doo, after your wytt and power, and by the advise of your consaile. So help you God and all Saynts." " The othe of the Sheriffs. " Ye shall wele and truly serve our Soveraigne Lorde, the King, in the office of the Shereffe of the co untie of [the] citie of Waterford, and his profite ye shall do in all thing in asmuch as to you appartayneth, after your witt and power, and his right to the Crowne appartayning truly ye shall kepe. Ye shall not assent his rights nor franches to be con- celed, and, if ye know it, ye shall putt your power to repele the same, and if ye may not so do, ye shall certify the King or some of his Consaile of the same. And the King's detts for yeft nor favour ye shall not respite there as ye may rese them without great grevannce of the dettours. " Also, that wele and truly ye shall leade and governe the people that bene and shalbe undre your balive, and to every man ye shall do right, as wele to the poer as to the riche, and playne justice, as to him appar- taineth. And ye shal not, for yeft, grant, favour, love, nor malice, wrong doo to ony body, nor his right distourb. " Also, that wele and truly ye shall search the wach of the citie two tymes by the wick, or as many tymes more as it shalbe thought necessarye and expedient, if you bee thereunto required. And that ye see the correction of brede onys every wick. And that ye see that dune correction be done uppon flesh and fish, according fco the proclamation made uppon the same. " Also, that ye make noo party with no manere parson that shall enplede before you in court. " And that ye make none enquests to be somned betuxte party and party by noo manere favour. " Also, ye shall wele and truly serve and occupy the office of the con- stables of the staple. And ye shall kepe your prisoners that bene comytted to your warde faire and faste. " Also, that wele and truly ye shall kepe and execute all the goode, old, and auncient custumes and usuages of the citie. And all other things that appartaigneth unto your offices, and to every of them, aftre your witt and power, and by the advise of the Consaile of the citie. So help you God and all Sayntes." HISTORICAL MANUSCRIPTS COMMISSION. 283 " The othe of the balive recever. r Municipal AKCHrVES OF Ye shall wele and truly receve all manere of custumes and rents due Waterford. unto the King and this citty, as well of all manere merchandises and goodes conimyng unto the citie inwarde as goyng from the citie out-^'*' warde. And ye shall doo your true diligennce to gaddre and reise the said custumes and rents. And that welle and truly ye shall accompt for the same. And ye shall make noo commerce with no man within the lande butt it accorde with the lawes and ordenances of the citie for the same provided and made. So help you God and all Saints. ,, " The othe of the Recorder. " Ye shall wele and truly serve and occupy the office of the Recorderer of the citie of Waterford, and true recordes make within court and without court. And ye shall make noo party with no manere of man in court, for love nor malice, nor for noo goodes that ye shall have, or shalbe grant for you to have. And that ye make no serjant to sompne none enquests by noo manere of favour. And that wele and truly ye make your warants and truly ye make your bokes to charge and discharge the Sherife of all his receits inwarde and outwarde, and of othre his charges and accompts. And that ye have noo parte to foryeve the King [h]is duties, without the advise of Maire, balyve, and the consaile of the citie. Also, the consaile of the citie ye shall wele and truly kepe. And all othre manere things, that unto the said office appertaigneth, wele and truly ye shall doo as ferr as your cunnyng and power may extende. Soo help you God and all Sayntes." " The othe of foure Serj antes. " Ye shall wele and truly persue and kepe the office of the Serjant of the citie of Waterford, and attache every man when ye be requyred, and no playnt concele. And truly kepe consaile of that ye herith, and to no man it revele. And that ye mantaigne no manere of action agaynst ony freman in courte. And that ye summon noone enqueste by noo manere favour. Also, that wele and truly ye kepe your wach in propre person, or by sufficient attornay admytted by Maire and Shirefs. Also, ye shall wele and truly execute the warrants and precepts of the courts and truelye retorne them agayne. Also, if ye know any custumes conceled, ye shall yeve the Maire and Sheriffes witting to the same. And ye shal not goo oute of the citie without lycennce of Maire and Sheriffes. Also, ye shall not take or receve any mede or rewards of no man, contrary to the lawes and custom of the citie. And all things that longith and appartaineth to your offices ye shall wele and truly doo. So help you God and all Sayntes." "The Waterbalive. F - be custl | mable ln P a y n g a l manere custumes longing to the saide citie. — And if it happe that ony of the saide citsains or fremen saile in ony ship so lade into ony porte in manere aforsaide and make a bargaine without the porte in the see, contrary unto this acte, he shall pay all custumes as a straungere, notwithstandinge ony adventure without ony contradiction. And, also, if ony citsaine or freman make ony bargaine with ony estrangers which bene custumable and by chaunce to mete at the see [sea], he shall pay custume in like wise, And if ony citsain or freman make ony bargaine with ony marchant within ony porte of this land of Irland, Ingland, or Wales, and bring his bargaine to the porte of the saide citie ad his owne adventure, he shall be free of his custumes. Provided at all tymes the cockett [be] exceptid in al manere bargains. The lxxxv.— [A.D. 1473-4.] In the xiii. yere the forsaide reigne, Wylliam Lyncoll beinge Maire, Richarte Strong and Patricque Rope, ballyffs of the forsaide citie, it was ordayned that who so ever man or woman have swyne walkynge in the citie or suburbes, if thei walk within the citie or brek men[s] gardens and parks within the francheis of the same or do ony hurte that they be slaine without ony enpechemennt. The lxxxvi.— [A.D. 1473-4.] fol. 54. In the forsaide yere, it was ordayned that the seriaunt callid vigilator or wakman of the said citie sholde not have his sallary at one terme of the yere to Cristemasse, but only a peny att every quarter during the yere. The lxxxvii.— [A.D. 1473-4.] Also, in the saide yere, it was ordayned and established by thassent of all the comynaltie for ever hereafter that no manere of man duellyng within the saide citie and francheis of the same shal goo awarre nor victaile no shippes of warre in no wise ne none othre manere veshell greate ne smale a war viage nethre by no manere of coloouir to gyve, lende, or syll unto them no manere [of] harneis nor wepyn without licennce of Maire, bailiffs, and counsaile, and fynding sufficient suerties within the said citie that they shal do no harme ne hurte to none of the Kyngs liegmen nor peasmen, and that they breck not the Kyng's sauf- conduyte, nothre the frauncheis and privilegis of cities and townes, nor none acts made by Parlament in this lande touchyng the same, ne the Kyngs lawis in noo wise upon payne of c. li. f as ofte as ony be founde gylty and every of them to pay the same payne, withoute ony grace, half to the Kynge, and that othre to the officers and forfetturs of the same. And he be a freman, he shall forfette his liberte and fredome for ever, and also to make goode of all the losts 1 that is done, withoute ony grace. And, if it fortune that ony goo agaynste ony of the negbores of the saide citie to succoure them at tyme of nede, that they do no hurte during the tyme, upon the same payne, lasse than it be in thar owne defennce as right will, aftre the discretion of the Maire and bailiffs for tyme beyng, with some of the beste of the counsaile, nethre that none of 1 damages. HISTORICAL MANUSCRIPTS COMMISSION. 311 the"' peasmen of the saide citie ne frauncheis do no hurte upon none of Municipal the saide men ne goods, upon the saide payn. "Wa?erfori? And, if any parson avoide for the saide deade^oyng, not abiding — punyshment ne correction after the forme aforwritte, that than his wif and childer be sett oute of the citie and frauncheis for ever, and all his goods, movable and immovable, be kepte for the saide offences so done in manere aforsaide, and that none counsaile, supporte, nor pray for none of them in no wise, upon the saide paynes, and to be attached and empechid to the Kyng and his Counsaile in Ingland, or to his Lieutenaunt or Justice with Consaile and Judges in Irelande. The lxxxviii.— [A.D. 1474-5.] In the xiiii. yere of the saide reigne, Jeames Rice being Maire, Thomas fol. 546. Broun and Geralde Lyncoll, bailiffs of the saide citie, it was ordayned and enactid that no manere man nor woman procure nother 2 take away no childe, that is to say, son othre 3 doghtre, or apprentise, or servaunt of ony citsayne of the citie beyng within the eage of xx ti . yere, withoute leve and suffraunce of fadre and modre, othre maistre, if they have ony lyving, and, if they have none, then to have leve of the nexte cosyne, that any suche yonge parsones have within the citie, and whosoever do agaynste the saide ordenaunce, he shal pay an c. s. to the fadre and modre, or maistre other 4 his nexte cosyn. And that the fadre or modre othre cosyn may lawfully have an action of dette agaynste them that pro- cured or taketh away ony suche yong parsones 5 , as it is afor rehersid. The lxxxix.— [A.D. 1474-5.] Also, in the same yere, it was ordayned if ony man or woman of the saide citie bye rodders 6 or ony othre marchaundise custumable beyonde the ryver, othre in this syde of. the ryver, within the laynth of a myle unto the citie, that all tho that bieth ony suche rodders, or marchandise, shal pay the duhe custume of all suche unto the King [h]is ballyffs. The xc. acte. — [A.D. *L 474-5.] Also, in the same yere, in the dernhundred day, it was ordayned and enactid that if ony man or men within the saide citie othre suburbes make ony insurrections or a rysyng att ony time herafter with force and armes agaynste Maire, ballyffs, and counsaile, than that all suche reysers 7 be banyshid for certaine yeres oute of the citie and suburbes, and to make a fyne every of them accordyng unto the discretion of the Maire and counsaile. And that the principal rysers be banyshed oute of the citie and suburbes for ever more. The xci. — [A.D. 1474-5.] Also, it was ordayned and establid in the forsaide day and yere that if ony man or woman dwellyng or abidyng within ony shoppe of the saide citie, othre suburbes of the same, receve other take to syll of ony man [h]is son, doughtre, servaunt, or apprentise, salte, yronn, silk, saffronn, whete, malte, fishe, fleshe, brede, ale, candells, or ony other f i. 55. goodes or marchaundise, that than the parson and parsones that recevid suche goodes to syll, or they or ony of them make ony sales of ony parte of the same, that they and every of them shall tell to the maister and maistresse of suche parsones as dely vered them the forsaide goodes to syll, that they have recevid such goodes of them. 1 deed-doing. 2 nor. 3 , 4 or. 5 persons. 6 horned cattle. 7 risers. 312 HISTORICAL MANUSCRIPTS COMMISSION, And if they and every of them declare and tell it not, as it is aforsaide, that then the man or woman that will not doo so, shall be banyshed oute of the citie and snburbes, if it be so provid. And to make a fyne, after the discretion of the Maire and ballyffs, for tyme beynge, and every man that fele 1 hym grevid, to have his action agaynste them, and every of them, upon the same. The xcii.— [A.D. 1475-6.] In the xv. yere of the saide reigne, the forsaide Jeames Bice beyng Maire, W illiam Lunbarde (sic) and Richarte Strong, bailiffs, of the saide citie, if was ordayned and enacted, by commene assent, in the dernhun- dred day, ever herafter, that no manere man, woman, nor childe, putte no manere dunge, ramell 2 or fylth into the ryvere over no key norslippe of the citie. ne into Saynte Mary strete, nether into the Kyngs ditches, nor beside them from the marckette crosse unto Arondelis gate, upon the payne of iiii. d. tociens quociens, to be levid by thofficers and by every of them, juncte and severall, to thar owne use, without e ony accompt or enpechmennte for ever. The xciit.— [A.D. 1477-8.] fol. 556. In the xvii. yere of the forsaide regnc, Jeames Sherlok, being Maire, Patrick Hope and Patrick White, ballyffs off the saide citie, in the dern- hundred day, by Maire, counsaile, and commynes, it was ordayned and enacted that all the gates by all the keyes 3 of the citie att vi. of the clock be made faste every night from Mighelmasse unto Ester, and that every night from Ester unto Mighelmasse att ix. of the clock. And that none of the saide gates be opened by night after the saide houres unto daye, withoute licennce of the Maire for tyme beyng. And who shall doo contrary unto this acte, shal pay to the Maire and bailiffs vi. s. viii. d. as ofte tymes as he be founde faulty. The xciiii. — [A.D. 1477-8.] Also, in the same yere and day, it was ordayned and enacted that what ever price the Maire putt upon the corne, if ony manere man or woman will pass that price in bying of corne, that he or she that so doeth shall pay of payne for a bushell att every tyme vi. d., iii. d. thereof to be gyvin to the parson, be it man or woman, who espieth him or hir that doeth contrary to the said ordynance, and that othre iii. d. to the officers. The xcv.— [A.D. 1477-8.] Also, in the saide yere and day, it was ordayned and enacted if ony man or woman sill 4 fleshe within the citie or suburbes till it come to the Kyngs sheambles, and there be praysed, 5 it shal coste him that soo doeth xii. d. at every time that he is founde faultif. And, also, after that the flesh is praysed, 5 if that he sill 6 it derrer than it was praysed 7 it coste the siller xii. d. at every time that he is faultif the penaltees to be devided as afor is saide. The xcvi.— [A.D. 1477-8.] In the same yere and day, it was ordayned and enacted that thelection of the constables of the suburbes of the saide citie shal be ever from thensforwarde, in the dernhundred day, in the GHldehall, and that to be chosvn by the Maire, bailiffs, counsaile, and commynes. Municipal archive's op Waterfoed, 1 feel. 2 dirt. 3 quays. 4 sell. 5 , 6 , 7 , appraised. HISTORICAL MANUSCRIPTS COMMISSION, 313 And that the saide constables so chosyn be of goode and honeste conversation in the saide suburbes duelling, and that they can spek goode lnglishe, and the saide constables to have every yere to every of them of the Maire and comraynes iii. yards of lnglishe clothe, to make every of them a gowne, and that the said constables werre lnglishe aray duelye. The xcvii.— [A.D. 1477-8.]. Also, in the same yere, it was concludid by the Maire and consaile of the saide citie that where as dy verse tymes thofficers of the same citie, as Maire, bailiffs, and Kecorder, enduryng the yere of thar offices, hathe often tymes gone in viages and journayes, as w.el into Ingland, Flaun- dres, Portyngale, and othre countries beyonde see [sea], as into othre dyverse cities and townes, within the same lande of Irland. Wherfor the saide Maire and counsaile consydering and advertising the great daungere and parell that the citie stand in dayly as wel by the King's lnglishe rebellis as his Yrishe enemees envvroned rouude aboute the same, and also how that, by thabsente of the saide officers, the saide citie might staunde in greatter daungere and perell, it was enactid and fol. 56. establid, by thassent of the saide Maire and consail, what so ever parson berryng the cure of ony of thes officis aforsaide, enduring the yere of his office, will goo in ony viage or iournay without licennce hadde of the Maire and consaile of the saide citie, that then suche parson or par- sones as soo doo shall forfett and forgoo the liberte and fraunches of the saide citie, and shall pay x. li., without ony grace. And also shal save the citie lostles agaynst the Kynge or ony of his mynestres in all actions by reason of the saide absente. Also, that no ballyf enduring the yere of his office shall passe nor excede the fraunches of the saide citie by land nor by water, to abide oute a day and a nyght without licennce of the Maire for tyme beyng. xcviii— [A.D. 1477-8.] Also, in the said yere, it was ordayned and enacted by the saide Maire and counsaile that eache man that is ownere of the keyes 1 of the said citie shall make a grate of yren 2 for the yate [gate] of his owne key, in this wise, the yren upon the owners coste, and the makyng upon the commene cost of the citie. And what so ever he be that have a key and will not so doo, that it be lawfull to the Maire and ballyffs to stoppe the saide key yate with lyme and stone, unto tyme that the saide grate be made as it was belefte. 3 And who so ever will opyn or disclose ony of the saide yates so stopped shal pay x. li. to the citie for a fyne to be employed upon the werck of the citie. xcix.— [A.D. 1479-80.]. Be it knowin that in the xix. of our saide Soveraine Kyng Edwarde the iiii the Nycolas Devereux beyng Maire, Philip Bryan and Thomas Porter, ballyffs of the saide citie, it was ordayned and establid by thadvise and counsent of the hole counsaile of the citie that for ever in tyme commyng what so ever parson 4 or parsones, dwellyng and abiding within the fraunches of the same citie be bounde in suertie of the peace in ony of the Kyngs courts in Irlande, and that thei kepe not the peace by force of the same suerte, 5 or that it may be undrestande in ony quays. 2 iron. 3 ordered. 4 person. 6 surety. Municipal Archives op Waterford. 314 HISTORICAL MANUSCRIPTS COMMISSION. manere wise that they or ony of them entende or purpose to breck the peace, or ony parson aske and desire suerte of the peace of them in lawfull cause and manere, that then it shall be lawfull to the Maire of the citie for tyme being, as J ustice of Peace, to take and receve sui- ficiaunt suerties of peace, dwelling within the citie, of the forsaide parson or parsones. And if ony of them clayme to be free and att large by ony superse- deas or other meene suerties founde oute of the frauncheis of the citie, that he that so doo shall lose his fredome, if he be a freman, and over that he shall pay a fyne, aftre the discretion of the Maire and bailiffs. And, also, if it be thoght goodlye by the advise and discretion of the counsaile of the citie, he shall be putt in exile out of the towne for ever, and that the same acte and penalte extende as well against foraynes dwelling within the citie as againste fremen. a— [A.D. 1480-81.] In the xxo* 1 yere of Kynge Edwarde the Fourthe, Jeames Rice being Maire, Foucque Quemerford and John Shalwey, bailiffs of the saide citie, it was ordayned and establid by the [w]hole commene assennte for ever in tyme commyng for asmuche as divers parsones within the citie and franches of the same have divers landes, tenements, rentes, and services, and other possessions in fee symple, fee taile, for terme of lif, and for terme of yeres, by the feftmentes, gifts, graunts, and lesses made unto them, thar haires and assignes, of the Priour and freres of Sainte Johns of Jerusalem, in Irland, the Prioure of Baethe, 1 the Prioure of Saynt Johns of Waterforde, the Priour of Saint Katerins, thabbot of Donbrothy, 2 the Abbot of Tynterne, the Deane and Chapitre of the Trinite Chirche of Waterforde, the House of Saynt Stephens, of the same, and of dyvers othre places, seculers and religious, the whiche con- trary to goode consciennce and to thar owne said grants have sued divers byllis of resumpcion, and acts of Parliamente made upon the same to have thar forsaide fef tments, gifts, grants, and lesses made voied and resumed agayne into thar owne hands, in greate disceite, hurte, and dameages of suche parsons as had the saide feftments, yefts, graunts, and lesses. Wherfor it was enactid, as afor is saide, that if ony resumption be made by the auctorite of Parliament for ony of the saide Priours, Abbots, Deanes, Chapiters, or othre maistre or maistres of the saide houses or for ony of thar successours, or for ony other in time comyng so that thar saide feftments, yeftes and grants be resumed by the same and that no parson nor parsons of the saide citie and franches receve nor take eastate of fee symple, fee taile, for terme of lif, for terme of fol. 57. yeres, nor att will of noo parcell of the saide lands, tenements, rents, services, or of ony othre possessions so resumed, and that no parson nor parsons dwell nor abide in noo house nor tenement of the same, nor occupy noo gardeine, nor myll, nor noo othre manere thing that longith or appartayneth to the same, without the goode will and free licennce of hym or them that occupied the same befor they were resumed. And that none of them move nor enduce none of the saide Priours, Abbots, Deanes, Chapiters, and maisters to make nor sue ony suche resumption, And if ony man doo the contrary of the premysses, or ony of them, he that so doo shall pay an c. Hi, without ony grace, half to the Kyng, and half to him that leseth his possession by the saide 1 Bath. 2 See account of Dunbrothy or Dunbrody, Co. Wexford, in Chartularies of St. Mary's Abbey, Dublin, vol. II. Rolls series, 1884. Municipal Archives of Waterford. fol. 566. HISTORICAL MANUSCRIPTS COMMISSION. 315 resumption, and that the partie for the same may have an action of Municipal dette befor Maire and Ballyffs, and if he be a freman, he shall lose his ^SSSokd! fraunches and a foreyne shall be exilid and abjured oute of the citie and — suburbes for ever. ci.— [A.D. 1480-81.] Also,in the same day and y ere, it was ordayned and enactid by the [ w] hole counsaile and commynes, that, for ever in tyme commyng, every Monday nexte after Holy Rode day of Exaltation, 1 all the counsaile of the saide citie then being and restyng within the same shall appere personally att the knollyng of the bell in the chappell of Jesus beside the Trinite chirche, and there to hire [hear] and abide a Masse of the Holi Goste solenny sayde and song with duhe observaunce. The which so song and endid, all the saide counsaile and every of them holy 2 shall procede immediatly from the same chappell to the GKldehall of the citie, there to elite 3 and chose Maire and Ballyffs for the yere nexte folowing, according with the goode olde and laudable custume of the citie. And who so ever make default, and appere not att the saide Masse, without a reasonable cause, goode and lawfull, awardid by the Maire, he shal pay a fine of xl. d., withoute ony grace. cii. — [A.D. 1480-81.] Also, in the same day and yere, it was ordayned, establed, and con- cluded, by the [w]hole commene assente and agremennt of al the counsaile and commynes of the saide citie, that no parson nor parsones dwelling within the same citie or fraunches of it, whatever condicion or degree that he or they be of, yeve, 4 sill, 5 or lende, or in ony othre wise, make alienation of ony crosbow or crossboues, quarrelles, 6 gonnes, small nor fo1 - greate, nether gonnpoulder, to no parson 7 nor parsons dwellynge nor abiding withoute the saide citie and fraunches of the same in ony towne or countre, Irishe or Inglishe, withoute licence of Maire and counsaile for tyme beyng. And that no marchaunt of the citie shall bryng none of the saide ordenaunces oute of no countre beyonde the see, to be solde nor gyven to no parson nor parsones dwellyng without the saide citie and fraunches of the same ; and that no estraungere by nor syll none of the saide or- denaunce within the citie upon payne of forfecture of the same. And who so ever doo the contrary of the premysses, or ony of them, and is atteynted thereof, if he be a freman of the citie he shall lose and foregoo his fraunches and incurre the paine of xx* 1 . &*.', att leste, or more, after the discretion of Maire and bailiffs, if they undrestande that the trespace so requyrethe. And if he be a foreyne, 8 he shall incurre the same payne, or more as afor is sayde, and his body to be enprysoned till he satisfy the same xx u . It., and then to be banyshed and abjured out of the citie and franches for ever. ciii. — [A.D. 1480-81.] In the xx ti . yere of the said reigne Jeames Rice beyng Maire, Foucque Quemerforde and Philip Bryan, bailiffs of the saide citie, it was ordayned and establid by the Maire and commynes that from thensforwarde that no manere freman of the citie shall dwell nor abide without the , . citie by no contynuell resydennce, but that the moste speciall and con- 1 Festival of the Exaltation of the Holy Cross, 14 September. 2 wholly. 3 elect. 4 give. 5 sell. 6 arrows. 7 person. 8 foreigner. 316 HISTORICAL MANUSCRIPTS COMMISSION. ARcmvEs A op tynu&M residence and principal resorte of him, and of his wif, be within Waterford. the citie, att discrecions of Maire and ballyffs and counsaile, and that viages beyonde see, pilgrymages, seknesse, fleying of pestilence, be excepted. cuii.— [A.D. 1480-81.] Also, in the same yere, it was ordayned and e3tabled by Maire and commynes that from thensforwarde there shal be no Maire nor ballyffs chosen to bere the office of Maire nor ballif ii. yere immediatly aftre othre, but that he that is chosen Maire, and they that be chosen ballyffs one yere, shal not be chosen nor taken to none of the said offices without they have one yere voied 1 betuxt, at leste. cv. — [A.D. 1480-81.] Also, in the same day and yere, it was ordayned and establed by fol. 58. the commene assente that all suche lordes as have gutters betuxte thai* houses, he that is willyng to amende shall kepe uppe and repaire thar gutters. And if there be ony defaulte in ony gutter betuxt thar houses, he that is willinge tamende 2 and repaire his parte of the gutter shall desire and require his partener, to whom halt the gutter appartained, to repaire and amende his half of the same. And, if he do not so att his requeste, after a monethe [h]is warnynge, he that is wyllyng to repaire his owne half, shal repaire and amend the [w]hole gutter upon his owne coste, and take of that othre that refusith the reparacion of his half ii. d. for a penny for the sorame that he spende upon the same, and to have an action of dette for the same agaynste him withoute ony delayes to be taken therein in courte. And if the lorde of the house that is so founde in defaulte be not duelling in the citie, the rennt of the nexte terme folowing shaU be arrestid in the tenannts hands that duellith in the same house to be delyvered to him that doeth the sam coste upon that gutter, and so from terme to terme unto tyme he be satisfieth of the some so employed upon the reparacions of the same gutter. cvi. — [A.D. 1480-81.] Also, in the same yere it was ordayned and establid that from thens- forwarde every man, of what ever condicion or decree he be of, spirituell or temporell, that owith ony rentte or longable 3 to the Kynge, within the citie or suburbes, or for ony of the oute lands, shall come and pay his rennts and longable 4 to the balif recever, for time beyng, or his attornay, on Twesday and Wennysday in Wittson wicke. And that every man that owith ony suche rennte on longable 5 shall com in to the ballif and present him his payment, the two dayes forsaide, or within, so that the laste parte of the payment be made the saide two dayes. And who so ever faile herof he shall pay double the some that he owith of rennte or longable. And that it be lawefull to the ballif or his attornay to have an action of dette agaynste hym that is soo behynde withoute ony delayes to be taken in courte for the same. cvii.— [A.D. 1482-3.] fol. 586. In the xx fci yere of the forsaide reigne, John Butler being Maire, Waltere Waddyng and Thomas Sheethe, ballyffs of the saide citie, it 1 void. 2 to amend. 3 , 4 , 5 , landgable. HISTORICAL MANtmOEIPTB COMMISSION, 317 was aecordid by the Maire and counsaile that the mesureres and gedderers 1 Municipal of the paymennt sholde be putte in certayne of thar laboure for tyme wa^bford! commyng for gadderyng of paymennts. That is to witt, that they shall — have of the marchaunt estraungers for whom they gaddreth paymennt ii. d. of the li. of an e. li., and within. And of every li. i. d. till the some of goodes come to ii. c. li. And if the goode[s] excede the somme of ii. c. li., then they shall take i. d. of every li. up and downe of the firste c. li. and all. cviii. — [A.D. 1483-4.] In the firste yere of the reigne of Kyng Rycharde the iiide, Jeames Rice being Maire, Philip Bryan and Patricque Morgane, ballyffs of the citie of Waterfforde, for asmuche as it have bene considerid how dyvers parsones 2 of the saide citie and suburbes of the same be usid and acos- turaed to bie 3 moche hervest corne, whereby they offendid God in the commyttyng of usurie, and also regratid the markett of corne, to the greate hurte and intolerable prejudice of the comynes: It is ordayned, enactid, and establid for ever in tyme commynge, by commene assente of the counsaile and commynes, in the dernhundred day, that no parson 4 nor parsons dwellyng and abydyng within the citie and suburbes of the same, what ever eastate or condition he or they be of, bie no bussell of hervest corne from hensf orward bifor hand att no lower price nor value than it shal be worth betwixte Myghelmasse and Hallowtide, the same yere. And if ony parson or parsons do the contrary herof, and be therof convictid, it shal be lawfull to Maire and ballyffs for tyme beyng to take and forffect the same hervest corne so boght and to shyfte ond distribute it upon the commynes att the price and value then of the corne, and to amercie the parson and parsones so founde giltie, after thar discretiones. cix. — [A.D. 1483-4.] Item, in the saide yere, it was concluded and enacted, by the assente of the [w]hole counsaile, that what so ever parson or parsones of the saide citie, will make assemble congregation or moustre 5 of people to take ony pledge or dystresse, or to take ony man by his body in the countre 6 by lande or by water par force and armes, without licennce had of the Maire for tyme beyng, that they or he that doo the contrary shall pay x. li. without ony grace, and, if he be freman, he shal lose and fofraite fol. 59. his fredome and fraunches of the citie. ex.— [A.D. 1484-5.] In the seconde yere of the saide regne, Rychart Strong beyng Maire, Pierce Forister and Rychart Walshe, ballyffs of the saide citie, it was enactid, in the dernhundred day, by the commene assent that no parson nor parsons shal make no sepulture or grave to be made or dyggid within the Trinite Chirche, without a special lycennce hadde of the Procuratours of the same for tyme beyng, except such parsons of the citie as hath thar certaine sepulture in the same. And what somever parson or parsons make ony suche sepulture or grave, that he or they shal repaire the same againe withe tyle stones at thar owne coste by a monethis ende, att leste, upon paine of vi. s, viii. d. to be emploied to the reparacion of the churche. gatherers. a , 4 person, persons. 8 buy. 5 muster. 6 country. ' 318 HISTORICAL MANUSCRIPTS COMMISSION. Mi™. cxiti-[A.D. 1484-5.] Archives of .•> ... ... . i i , . . , , Waterfoed. Also, in the saide day and yere, it was enactid by commene assente that what so ever parson or parsons, man, woman, or ehilde, brecke othre 1 perishe ony glasse wyndew or wyndewes, or ony parcall of tham, of ony churche or cheapell within the citie or suburbes, and is attaynted therof, that then it be lawfull to the procuratours of the same to leve and seise vi. s. viii. d, of such parson and parsons as bene founde f autif in the same. And if he be a childe of none eage 2 that thnction may be concevid and taken by the procuratours agaynst the fadre or modre or such frends as have him in rule and governaunce. cxii«\— [A.D. 1485-6.] In the lirste yere of the reigne of Kyng Henry the Seventh, Jeames Rice being Maire, John Lyncoll and Henry Fagan, ballyffs of the saide citie, it was ordayned and astablid by commene assente that from hens- forwarde noo shereman othre frizers and tesellers dwellyng or abydyng within the citie and suburbes of the same shal syll no manere fryse, nor mantill to no manere foreyne, nor none of them shal make no bargaine ne price therof excepte the fryse and mantill whiche is made within thar owne houses, and is thar owne propre goode. And if thei or ony of them do the contrary herof , he shal pay for a fyne half the value of the goode that is solde the iii de parte to the Kynge, the iii de to thofficers, and the thirde to the spyere and fyndere of the same. cxiii* 1 . — [A.D. 1485-6.] f l 60 Also, in the saide yere, it was ordayned and agreed by the Maire and consaile that no manere man of the saide citie, from thys tyme forwarde, sholde bie nor sill 3 with no manere parson 4 or parsons being in ony shippe a warre by the see, 5 contrary to the Kyngs entennte, and that spoiled, robbed, or taked ony of the Kyngs liege men or ony othre of his amytie and peace. And who so ever doo the contrary shall forfeet and lose al such goodes as he or they bie or syll, if it may be founde, else the veray value of the same. Also, that no manere man victaile, nor make to be victailed, none of the saide men of warre, nor receve nor kepe them in thar houses, withoute speciall licennce of Maire, ballyffs, and iiii. or v. of the principal of the counsaile, upon payne of x. li. f tociens quociens. cxiiii ti .— [A.D. 1485-6.] Also, in the saide yere, it was ordayned and establid by the commene assente that no manere parson of the citie, or suburbes of the same, bie noo salte hydes aboue xiii. s. iiii. d. the dicker, 6 nor freshe hydes aboue xiiii. d. the hyde, nor the yerd of no manere frise above iiii. d. the yerde, in no towne nor place within the countees of Waterforde, Kylkenny, Tyberary, Weysforde, and Catherlaghe, upon thes paynes, for every hide bought aboue the saide price xii. d. 9 for every dicker x. s. f and for every laste x. It. ; and the value of the fryse in lick manere, if they passe in payment the price aforsaide. 1 or. 2 nonage. 3 buy nor sell. 4 person. 5 sea. 6 A quantity of ten hides. HISTORICAL MANUSCRIPTS COMMISSION. 319 And for the more streite and duhe 1 observyng of this saide acte, the ^™vj!bo-b Maire, consaile, and commynes, bene sworne all and singlerly solenny on waterford. the bocke to bie noo hydes, fresh or salte, nor frise, above the price forsaide, upon the same paine and forfecture of his fraunches, if he be a freman, of the citie, and, if he be a f orayn to be exilid oute of the citie. Provided alway that one freman of the citie may bie and sill hides, freshe and salte, to an othre freman as dere and goode there as he will, aftre thar owne agrement, this acte notwithstanding. cxv a . — [A.D. 1485-6.] Also, in the saide yere and day, it was ordayned and enacted that where certaine bouchers 2 have taken the sheamles [shambles] of the citie unto them for this yere nexte folowing, byndyng them to serve sufficiently the citie of fleshe att all seasons of the yere, that no parson nor parsons of the citie nor suburbes bie no rudders 3 which shal com to syll 4 to the citie, savyng the saide bouchers, excepte thar housholders bie them in season for thar laddre 5 to stuf thar houses, and that the said bouchers bye the same rudders in thar names that shall bie them. And if ony rudders be sende unto ony certayne parson of the citie or suburbes, that the sayde bowchers shal bye them for to serve the com- munes and none othre, takynge ware and marchandise of hym to whom the rudders be sende, and of none othre, if he have such ware as the rudders may be boght for. And the same bowchers shal take noo necks, nor none othre fees of the bef 6 for the cuttyng therof, but they shal take a peny for the cuttyng of every bief 7 that commeth kylled oute of the countre. And that the said bouchers shal have the kyllyng and cuttyng of the larddre 8 of the citie, taking ii. d. for every bief. And the fyne and amercement of the brecking of this acte be at the discretion of the Maire and bailiffs. cxv tJ . — [A.D. 1485-6.] Also, in the saide yere, it was graunted by the [w]hole commene assente of the Maire and counsaile of the citie, att the supplication of Robarte Brothre, John Nongle, Teyg Caroll, and Thomas Cottrell, webers, 9 and the remenaunt of the saide crafte within the saide citie and suburbes of the same, that they from thensforth shall have a bretherede of the saide crafte, and yerely they shal electe ii. of the moste discreteste parsones of the crafte to be maistres for the yere. And they so chosen may have the rule and over sight of the crafte under the Maire and bally fFs for tyme beyng, and to redresse al manere complaints made by ony parson upon ony of the same crafte in ony thyng appartaynynge unto thar crafte, and to make amends unto the party grevid of the same. Ajid if ony of the saide crafte will not abide the correction of the saide maistres for tyme beyng for ony thyng mysdone appartaynyng to thar crafte, that then the Maire and bailiffs shal supporte and maintaine the saide maistres in correction doyng. Provided that they nor none of them shal take no more for werkyng of thar crafte but in suche manere and forme as it have bene used and accustumed of olde tyme. due. 2 butchers. 3 horned cattle. 4 sell. 5 , 8 , larder. 6 , 7 , beeves. 9 webbers, weavers. 320 HISTORICAL MANUSORIFfS COMMISSION, And that they shal aunswere at all tymes Maires and bailiffs when they bene callid for the behouf of the citie, and to the honour of God, the saide suppliants and the remanaunte of the crafte, and thar successours shal kepe and sustaine a light of xii. taperes from yere to yere byfor the aulter of Saynte Marten, within the Trynyte Churche of the saide citie. cxvii".— [A.D. 1485-6.] fol. 606. Also, in the saide yere, it was graunted by commene assente of the hole counsaile of the said citie att the supplycation of John Poer, Teig Breack, and Thomas Flwyn, shomakersor cordoners, and the remenaunts of the crafte within the citie and suburbes of the same that from thense they shall have a brethreede of the saide crafte, and that yerely they shal electe and chose ii. of the moste discreteste parsones of the said craft to be thar maistres for the yere to rule and oversee the crafte undre the Maire and ballyffs, and they do redresse all manere complaints made by ony parson in ony thyng appartayninge unto the saide crafte, and to make amends unto the party greved. And if ony of the saide crafte wil not abide the correction of the saide maistres for tyme beyng, for ony thing mysdone in thar crafte, that then the Maire and bailiffs shall supporte and mantaine the said maistres in correction doyng. Provided that thei nor none of them shal take no more for werckyng and makyng in thar crafte, but as it have bene usid and accustumed of olde tyme. And in case that hydes come to an heigher or lougher price than they bene nowe, that then the Maire and bailiffs shal sett the saide crafte att one stynte accordynge to rayson and conscience. And the said suppliants with the remenaunt of thar crafte shal kepe and sustaine a light of xii, tapers yerly befor thauter of Saynte Blase, 1 within the Trinite Chirche in honour of God. cxviiiti.— [A.D. 1485-6.] Alsoo, by [w]hole commene assent, in ther dernhundred day, it was enacted and ordayned for ever hereaftre, that all the goode olde usages and privieleges of the saide citie that bene writte and unwritt, and used of auncient tyme, within the saide citie and within the courte of the same shall stande and holde ferme and stable ever here aftre as thei were used of olde tyme. cxix. — [A.D. 1485-6.] Alsoo, it was ordayned the saide day and yere, by the commene assent, that all manere actions and plaintes being in the court of the saide citie, betuxt f reman and f reman of the same, shalbe determyned in the saide courte aftre the olde usuges and priveleges of the saide courte and citie. And if ony estraungere have ony action agenst a freman of the saide citie in the saide courte, yett the said freman shall enjoye and have all the benefet privileges and usages of the said courte and citie, till the action be ended. cxx ti . — [A.D. 1485-6.] fol. 61. Alsoo, in the said daye and yere, by commene assent, it was enacted and ordayned that there shall no manere of man, woman, ne childe, 1 The altar of St. Blasius, Bishop of Sebaste, in Armenia, and martyr. His festival was on the 3rd of February. McrxiciPAi, akchivk8 op Watbrford. HISTORICAL MANUSCRIPTS COMMISSION. 321 dwelling or abiding within the citie or suburbs, lende, gyve, nor borow Municipal ony manere of marchandises, goodes, victail or woll, nothre to sill ony ^^morS such to ony manere nation being att warre or att ony distance without — the said citie, or that doth ony hurte to the same, or will goo among them prevy or peart for his propre besynes or any oth: es ; or give to them mete or drink or consaile during ther being att wane, or to make a severall peace with ony such, by them selfs or by ony othre, if it can be proved upon them that bene fremen, they and every of them shall lose ther Tranches and liberte for ever, and pay to the reparation of the walles of the citie x li., as oft tymes as ony such is t'ounde gihie, and, if he be not a freman, to be enprisoned xl. dayes, and fbrfect his goodes, and, if he had landes and rents, than to be expulsed oute of the f ranches for ever. cxxi. — [A.D. 1488-9.] In the fourth yere of the forsaide reigne, William Lunbard, being Maire, John Madden and Ryehard Walsh, balyves of the saide citie, in dernhundred day, by commene assent of Maire, consell, and oommynes, it was ordayned and enacted, that whatsoever parson 1 or parsones, in tyme cominyng, putt in a byll or supplication to the den dm wired, that when the aunswere of the said bill or supplication shal be nade, that the parson or parsons which putt in the same to desire ony th.ng shall not be present hyring [hearing] thaunswere to be made, and if he or thei happen [to be] present, thei shall avoide unto tyme thei be called in againe and suche aunswere as shalbe then concluded by commene assent then to be shewed unto them that bene suppliants by the Maire or such othre parson as shall please him to command within courte. cxxii.— [A.D. 1488-S.] In the said day and yere, it was ordayned that noo freman nor foraine of the saide citie shall fraight noo shippe nor shippes for esc- angers of the townes and coun trees about the citie, and to take none of i her goodes with them to noo where beyonde the see 2 nor that non.' of the saide fremen nor foray nes slial be attornayes for none of the said estrangera into noo where beyonde the see, nor in noowise colour the goodes of the said estrangers. And whoso ever be founde gilty in the premysses shall pa\ x.li., and forfecte his franches. Also, that no freman nor foraine shall gyve couplemen: 3 to none of fol. 616. those aforesaide, nor take no couplement with them beyond** the see, nor in this side of the see, to no where else, England, Flanders and Wales, excepte. cxxiii^— [A.D. 1488-9.] Also, it was ordayned that no man sill no marchandise to none es- trangers, butt it be delyvered by the handes of the makers, non payne of xii.c?. for every dicker 4 hydes and within, besides custume id cocket, and for all marchandise custumable within the sour of xx.s. in likwise. cxxiiii^.— [A.D. 1489-90.] In the fifte yere of the reigne of our saide soveraigne Lorde, Pat- ricque Pope beyng Maire, Foucque Qnemerforde and Tho m is Shethe, balives, in the dernhundred day it was consydered how the eustumes of person. 2 sea. 3 partnership. * See ante, No. c i, p. 318. U 84068. X 322 HISTORICAL MANUSCRIPTS COMMISSION. Municipal foraine goodes and marcliaundises commyng and goying to and froo w v^rfok? tn * s conceled greatly by dyvers colorable wayes of late foun- - — ' den. Wherfore it is ordayned and enacted that from thensforward what so ever goode^or marchandises come to or fro the citie by see or by lande there as a foraine bere ony adventre or costes of the saide goodes or marchandises so commyng by see or by lande, that then the King shal take his duhe custumes of the same goodes and marcliaundises, according to the statute of the citie. cxxv t5 . — [A.T). 1489-90.] Also, in the saide day and yere, it was ordayned and enacted that all forains dwelling within the citie shal were gownes and goo still in- English aray, and that every of them shall were his gowne att Cristen- masse nexte commyng, and soo from thensforth to contynue alway, and what so ever he be that make defaulte herin, he shall forfecte vi.s. viii. d. as oft tymes as he is founde faultie. And that no lorde of freholde within the citie shall lett no house to rent to no foraine withoute he present him to the Maire for tyme being, to be sworne to the citie and also that he go in English aray, according to this acte, and as ofte as ony lorde of freholde is faultie in ony of thesse poyntes, he shall forfecte to the King the rent of his house so yeven to such forains as muche as commeth to that terme, etc. cxxvi. — [A.D. 1490-91.] fol. 62. In the sixte yere of the reigne of the saide Kyng, John Shal wey being Maire, Walter Wadyng and John Madan, balifs^ in the dernhundred day it was ordayned and enacted that'noo manere of parson nor parsones dwelling within the citie, or in the subnrbes of the same, shalbe ad- mytted to take none action from thensforward by a foraine attachment agenste ony parsons beyng absent, without he can shew a spetialte of his action be of dett that he whos goodes bene attached is owing suche dett as the party supposeth. And if he can shew no specialtie, that then he shall make his othe faithfully uppon a boke before the courte that the def.t is duhe to him. And if it be trespasse that is supposed, if the trespasse be not notory, the plaint if shall prove the trespasse to be done to hyrn, by sufficiant record taken and examined by the courte. cxxvii 1 *. — [A.D. 1491-2.] In the seventh yere of the forsaide Kyng, Jeames Sherlocque being Maire, Thomas Sheth and Eobert Butler, balives, it was ordayned that noo coke 1 within the citie or suburbes from hensforvvard shall syll 2 raw flesh, upon payne of forfectour of the same, and to pay xii. d. for a fyne ? half to the King, and that othre half to the fynders. cxxviii^. — [A.D. 1491-2.] Also, in the saide yere, it was enacted that noo carpenters, masons, helyers, smythes, or ony othre crafty 3 men, within the citie and suburbes of the same, refuse to wyrcke 4 withe no man of the citie or suburbes, for malice or evill will for ony displeasure that the same craftymen or ony of them owith or have ayenste 5 ony man of the citie or suburbes, butt that they and every of them shall doo ther occupation, according as thei shalbe requyred. 1 cook. 2 sell. 3 artificers. 4 work. 5 agrainst. HISTORICAL MANUSCRIPTS COMMISSION. 323 And who so doo the contrary, he shall forfect vi. s. viii. d. } as ofte MunictSai as ony of them is fcunde gilty. WatSpobS! And that none of such craftymen servaunts receve no wages, without — - he be in service with his maistre att the same craft that his maistre usith two yere before he be admytted to receve wages. cxxix ti .— [A.D. 1492-3.] In the eight yere of the saide Kyng, Patricque Rope beyng Maire, fol. Wb. William White and Laurence Dobyn, balives, it have be (sic) considered in dernhundred day, how the course of marchandise in buying and sylling by the meanes of craftymen and othres forains duelling within the citie and suburbes having in them the utterance of mantells, frises, wax, felles, 1 fyshe, and of othre goodes and marchandises to the estrangers, is uttrely disordered and abused in derogation of the priveleges and auncient custumes of the citie, and also to the great hurt and enpoverishing of the fre citsains bering out by ther bodyes and goodes the chearges of the citie, for the more parte, and have none other meanes for ther lyving butt onely faicte 2 of marchandises, which so withdrawen from them thei shalbe within processe of no power to berre the saide charges for the suertie of the citie, as God defende. For the remedy herof, it is ordayned and enacted by commene assent that no craftyman, norishis, servants, nor none other foraine within this citie or suburbes dwelling shall syll 3 frise, mantles, waxe, felles, 4 fishe, nor none other manere of ware nor marchaundise to no manere estranger, densyn 5 nor alient, by no manere of way nor colour, allbe it the saide goodes and marchandises so to be solde be the propre goodes of the saide foraine, or of a freman of the citie, butt that every freman shall syll 6 and uttre 7 his goodes to the marchants estrangers, and that the fbraines shall sill 8 ther goodes to the fremen of the citie, and to none other, upon payne of forfector of suche goodes as shal be founde to be solde contrary to the tenour of this acte. cxxx fi . — [A.D. 1492-3.] Also, in the saide day and yere, it was enacted that no manere man, freman nor foraine, of the citie or suburbes duellers, 9 shall enpleade nor defende in Yrish tong ayenste ony man in the court, but that all they that ony maters shall have in courte to be mynstred 10 shall have a man that can spek English to declare his matier, excepte one party be of the countre ; then every such dueller shalbe att liberte to speke Yrish. cxxxi ti . — [A.D. 1492-3.] In the foresaid day and yere, forasmuch as Maire and balifs bene f i. 63. chosen to be commene biers of all marchandises commyng to the citie, and bene distributers of the same upon the commynes for this yere, it is enacted and ordayned by commene assent that no manere of man duelling within the citie or suburbes shall goo againste ony shippe or shippes estrangers that shall aryve within this haven, with ony manere of marchandise, and if it fortune ony parson or parsones to be att Passage or in ony othre place within this haven att tharryving nto the same of ony such shippe or shippes, that then no such parson nor parsons shall goo aborde them, nothre bye, syll, 11 nor make bargaine with them nor to goo theddre 12 to thende to awaite uppon the commyng of l , 4 skins. 2 See p. 334. 3 , 6 , 8 , 11 sell. 5 denizen. 7 utter. 9 dweller. 10 administered. 12 thither. x 2 324 HISTORICAL MANUSCRIPTS COMMISSION. Municipal shippes into this haven by no manere of colour, except such parson Waterf%?d. or parsons be send theddre by Maire and balifs. — And who so ever do the contrary herof, and therof to be convicted, shal pay xl. s. for a fyne, without ony grace, and lose his fredome. cxxxii d . — [A.D. 1492-3.] Also, in dernhundred day, it was belefte 1 that from, thensforward to every of the vi. tappers 2 which is yerly kept by the citie before the ymage of Saynt Otheran 3 the balif for tyme being shall putt ii. li. of wax, be it dere or good chepe. 4 cxxxiii li .--[A.D. 1496-7.] In the xii th yere of the forsaide regne, John Maddane being Maire, John Wise and Perse Forestall, balives, it was belefte 5 and concluded by Maire and counseli that whensoever it shall fortune ony of the vi. sondayes of the Lenten, in which, by the old and laudable custume of the citie, the drynking is holde[n] and kepte to fall voide by the deathe of ony parson, or othre wise, then if the Maire for tyme being have none of the said drynking dayes, the consaile shall assigne the same day to the Maire. If the Maire have a day before tyme, that then the eldest that have borne the office of Mairaltie shall have the same voide day, if he have noo daye before. exxxihi 1 '. — [A.D. 1503-4.] In the xix th yere of the saide regne, Robert Butler being Maire, George Quemerford and Nicholas Maddan, balifs, it was ordayned that all tho[se] that taketh any nettis upon half sheare, 6 that they that takith ony such nettis att half sheare shall paye all costes and the owners of all suche nettis shall repaire them when it nedith. cxxxv. — [A.D. 1503-4.] fol. 636. Also, it was enacted in the saide yere, that eny man that bringith a bargaine from beyond the see, 7 othre that byeth a bargaine of eny ®stranger, and if he kepe the marchant or marchants xl. dayes after the dayes of the shippe that bring the saide bargaine be expired, that then the saide man that so doth shall pay x. li, to the Maire and balives half to the King and the other half to the officers. cxxxv d . — [A.D. 1503-4.] Also, it was belef t, 8 the said yere, that no man shall com to the drynk- ings the Sondayes in Lent, butt only the coimsaile. Also, that half of the profites of the faire courte shall be dyvided betuxt thofficers for tyme being yerely. cxxxvii 11 . — [A.D. 1503-4.] Also, it was enacted and ordayned that every freman from hensforth that kepith noo houshold within the citie or suburbes shall yerely pay to the commynes for all chearges of the citie vi. s. and viii. d. And this yerly to be payed untill every such freman shall be maried and kepe hospitalite. cxxxviii a . — [A.D. 1506-7.] In the xxii li yere of the forsaid regne, William White being Maire, James Sherlok and William Broun balives, in the dernhundred day by \ 5 , 8 , decreed. 2 tapers. 3 Odraa. 4 Equivalent to "bon marche." 6 share. 7 sea. HISTORICAL MANUSCRIPTS COMMISSION, 325 commene assent it was concluded and enacted that no fbraine duelling municipal within the citie or suburbes passe not over the see [sea] from hensforward ^J^J^f a marchant fare except fishers and -seafaring men. And that no freman — - nor fremens factours ne servanntis shall be attornais for no forains to convey nor cary ther goodes over the see, upon paine of forfecture of the said goodes, and xl. s. for a fyne of every such attorney, the iii d . parte thereof to the King, third part to thofficers, and iii d . parte to the fynders. cxxxix. — [A.D. 1506-7.] Also, it was beleft 1 that of all shippes which hensforward shalbe fraight within this franches into Flandre?, what ever thei be estraungers or other that be marchants that the Grodds peny, 2 which shalbe receved there to be bestoued and besett to the behouf of Criste Ohirch of this citie, and to none othre ohirch, and that the Maire for tyme being shall putt the cape 3 marchant, what so ever he be in a suertie to bring the f ]. 64. Grodds peny to the saide chirch befor his departing oute of the haven. And aftre the commynge home of the shippe and marchants, the Maire to examyn the cape 4 marchant how the Godds peny is bestowed. cxlti.— [A.D. 1508-9.] In the xxiiii* 1 yere of the forsaid regne, Piers Forstall being Maire, John Comyn and Eichart Walsh balives, by commene assent in ther dernhundred day it was enacted that noo boote 5 shal bring woode butt only half barges and quarters, exept such othre boots 6 as shall bring it to the use of the owners and to nco salis 7 . And that every half barge have vi. men. And if thei goo to the Roure to have vii. men. And every quarter to have iiii. men and to the Roure v. men. And who shall doo the contrary herof shal pay iii. s. mi. d. to the commene and forfect the wodde. cxlr 11 . — [A.D. loll-] 2.] In the third yere of the regne of Kyng Henry the viii th ., Robert Butler, being Maire, John Morgan ond Nicholas Wise, balives, it have be [en] considered by Maire and consaile and commynes how there have bene greate variannce now of late in taking of principales 8 and by sup- posails in likwise to be in tyme commynge. And forasmuch as taking of such principales is not by commene lawe, butt only by custume and usage, it have be[en] founde noo such custum here to be used oute of tyme of mynde. Wherfore, in dernhundred day, by commene assent it was enacted that from hensforward there shalbe noo such custume to take ony prin- cipales within the cities nor suburbes, nothre by noo manere of parson 9 or parsons onye clayme to be made concernyng the said principales by onye parsons, or by ony othre in ther name, by the duellers and in- habitants of the citie and suburbes, notwithstanding that they have ony fee symple land within the citie or suburbes, or within the lande of Irelande, upon payne of cc. pounds. Provided that the son and ayre 10 shall have the fadre [h]is body harnois and signete. cxlii u . — [A.D. 1511-12.] Also, it was enacted by commene assent that noo man duelling within fol. 646. the citie nor elswhere shall reise 11 keiage of noo kaye nor othre place, that is to say, of no voide straunde, except it be buylded as a keay. 1 decreed. 2 " earnest " money. 3 , 4 chapman, merchant or trader. 5 , 6 boat, boats. 7 no sales. 8 heirlooms. 9 person. 10 heir. 11 levy or exact. 326 HISTORICAL MANUSCRIPTS COMMISSION. Municipal And who so doth shall pay iii. s. iiii. d. as oft as ony shalbe giltv in WammoiSS takin s of ? n y Sucl ! keia « e - And this penaltie shalbe to the behouf of the cominynes, etc. clxliii li . — [A.D. 1516-17] In the viii th yere of the forsaid regne, John Maddan beynge Maire, George Quemerford and John Morgan, balives, in the dernimndred day by commene assent it was concluded and enacted that no manere of man, of what degre he or thei be of, as well deansens 1 as estrangers from hensforward shall lade no manere of woll within the great port of this citie in no where to be caried over the see by no maner meane or collusion, upon payne of forfector therof, and ther bodies to prison, there to remayne untyl thei shal pay v. H. to the reparations of the walles of this citie- cxliii^. — [A.D 1516-17.] Also, it was enacted that no alient marchant, nothre onye manere of alien t that shall arrive within this haven, shall goo to no manere of faeire or faeires, by land ne by water, vpon payne to forfecte all ther goods. And that no manere of parson conducte nor leade ony such alient or estraunge marchant to no noo towne or village within this land, to by or sill ony manere of marchandise vpon payne of xj. dayes prisonment, and paying v. li. as afor is saide. cxlv 11 . Also, it was enacted that no manere of man shall receve of ony alient or estrannge marchant ony manere of mony undre no maner of colour or condition to by ony marchandises in any feaire, town, village or othre place within this lande, vpon payne of forfector of the saide goode and mony, and ther bodies to prison. And that no sherman bye no flocks 2 to sill to none estrannger on payne of forfectour. All the forsaid forfects to be divided betwixt the King, the officers, and the fynders equallye. cxlvi d . — [A.D. 1516-17.] Also, in the saide yere and day, it was ordayned and enacted that all manere of feetaile lands and tenements ever from hensforward may be gyven and receved to ferme, for termc of lif or for terme of yeres, without ony domage to the tenant fermour, by the ayres of him that gyved ony such fermes undre and upon all and singler conditions, penaltees and forfectures contaigneth (sic) in an acte and ordinannce made againste resumption in the xx* 1 yere of King Edwarde the iiii th the c. acte, 3 Jeames Rice being Maire. cxlvii^.— [A.D. 1518-19.] In the tenth yere of the said regne, Nicholas Maddan being Maire, George Sherlocque and Thomas Lunbard balifs, in dernhundred, by commene assent it was enacted that no f reman nor foraine of this citie shall house, loft, nor seller ony straunge marchant goods, as hides, fellis 4 or ony other ware, to awaite upon derth, without licennce of Maire and balives, [on] paine of xl. s. fol 66. 1 denizens. 2 inferior wool. 3 See p. 314. 4 skins. HISTORICAL MANUSCRIPTS COMMISSION. 327 cxlviii fi . — [A.D, 1518-19.] Also, it was enacted the said day and yere that no manere of man, what degre he be of, shall cary no flocks, 1 ne wax, over the see, and that no freman or foraine sill no wax to scolers, upon paine of forfecture of the same. cxlix^.— [A.D. 1518-19.] Also, it is enacted, for the reformation of the Cog that noo lords of the Cog 2 from hensforth shall drynk no maner of man estraunger, ne othre comyng to the citie othre being in the citie, outesept 3 ther pleasures and willes. cR— [A.D. 1519-20.] In the enleventh yere of the forsaid regne Jeames Sherlocque being Maire, Richardus Devereux and Richardus Walsh, balives, in the dern- hundred day, by commene assent it was enacted that no man shall pay abow ii. s. for a fresh or a salt hide on paine of iii. s. iiii, d. and forfectur of the hide and hides, half to thofficers and the othre half to the fynder, except the hides be bought of marchaunt men. cli 11 . — [A.D. 1519-20.] Also, it was concluded the saide yere and day for the grevous domage and hynderaunce dayly sustayned unto this tyme by the fremen of the citie by reason that no marchannt can retaile no wynes upon the retailing of the King [h] is prise wynes, that from hensforward every citisain and freman that shall and hath ony wynes may broche them when them lust, 4 paying f ] t to the commynes by the balif recever \ iii. d. of mony currant for every tonn of wyne that thei shall receve of ony bargayne or that shall com by ther owne lading from beyond the see unto the citie from tyme to tyme ever heraftre. clii ti . — [A.D. 1519-20.] Also, it was enacted that no man hensforward shall pleade att the barre in Court for any pnrty plaintif or defendant, unlesse he be ad- mytted by the officers of the Court, upon the payne of xi'i.d. tociens quotiens. diii ti . — [A.D. 1522-3.] In the xiih th yere of the forsaide regne, Patricque Walsh beyng Maire, Henry Walsh and Thomas Lunbard (sic), balives, in the dernhundred day, it was considered how there have be[en] greate variants and debate amongst the inhabitants of this citie for the bying of mariner portages and other habordasher and pitiuiarchandis 5 broght by marchant estran- gers commyng to this citie. For a remedy whereof it is concluded and enacted from hensforward that all manere marchandis what so ever kynde thei be of and mariner portages commyng in ouy shippe to the citie that is or shall be devydable, shal be bought by the Maire and balives whiche bene commene biers for tyme being and to distribute the same on fremen of the citie (the propre goods of free citisains and inhabitants only excepted). And that no fre citisaine nor inhabitant shall procure or attempt to bye any manere of marchandis so commyng to the citie withoute a speciall licence hadde of the Maire for tyme being. 1 inferior wool. 2 See in Appendix IX. p. 336, an enactment of 1601 on this subject. The term " cog " or " cogge " was anciently applied to small ships or boats. 3 except at. 4 When it pleases them. 5 petty merchandise or small wares. Archives or "Waterfobd. 328 HISTORICAL MANUSCRIPTS COMMISSION. ?rchives A o ^" nt * ^ on ^ attem l }t ^ e contrary, he shall forfecte suche goods as he so< Waterford. bieth, othre 1 he shall make a fyne according to the discretion of Maire and balives. Provided alway that if it fortune ony fre citisaine to fraight ony shippe or veshell this side the see othre beyond the see wherin shall come ony manere of portage, that then it shal be lawfull to every fre citisaine to by the same portage and marchandises being in the saide shippes or vessheils, etc. cliiii^. — [A.D. 1523-4.] fol. 656. In the xv ti yere of the saide regne, Nicholas Wysse being Maire. Nicholas Morgan and William Lyncoll, balives of the citie cf Water- ford, in the dernhundred day, it was by commene assent enacted, ordayned, and for ever heraftre established that from hensforward noo parson nor parsons, freman nor foraiiie, duelling within this citie and suburbes or within the franches, shall sue nor laboure no writts of corpus cum causa, subpena, certiorari, supersedeas, de errore, nothre prevy seale, nor of any kynd or nature of writte or writtes against ony causes, suyts, or actions that was, is, or in tyme to com shalbe depending or determyned, tried, or judged, with ony Court or Courts of this citie. And if ony such parson or parsons or othres as afore is saide shall sue or laboure ony such writte or writtes against ony of the inhabitants of the citie or suburbs, for ony manere of causes, or against ony mater or maters in the forsaid Court or Courts depending or tried, determyned, or judged, that then every such parson transgressour shall forfect x.li., as pure dett to be payed to the commynes. And if he be a freman, he shall losse his liberte and franches. And if the Maire for tyme being within x. dayes aftre that ony such, writt or writtes shalbe delyvered within the saide franches of this citie othre without to ony manere of parson or parsons duelling or abiding within the same, will not execute this acte as afore is rehersed, and all othre statutes and actes made of olde and provided for the same, accord- ing to the full etfecte of them against every parson and parsons transgressing in ony of the said acts and statutes, that then the party greved, against whom or for whos cause ony such writt or writts shalbe so labored may take an action of dett against the said Maire for tyme being before the balifs in Court for the saide x.li. without exeption or abating of his said action in ony maner of wise. And that the said balifs shal execute the said acts and statutes in all and singler in them con- taigneth against such transgressours. And, morover, the said party greved by ony such writt or writts may sue every such transgressour of an action of dett of xx h ./i., without ony delaies to be gyven to the defendant. And of the same recovery and forfects the Commynes shall parceve 2 thone 3 moitie and the partye greved the othre half. civ 11 . — l A.D, 1523-4.] Also, in the said yere and day, att the peticion and praier of the Com- mynes in augmenting and advauncement of the marchaunt cheapell 4 of the pittie rode 5 within the cathedral chirch, whiche of long time have greatly decaied. Therfor, by commene assent it was granted and ordayned from hensforward that of all manere goods and marchandis as shalbe labored, tracted, and adventured by ony of the inhabitants of this citie 1 or. chapel. 2 receive. 3 the one. 5 rood or representation of the crucifixion. HfSTORICAL MANUSCRIPTS COxAIMISSION. 329 and suburb oute of the haven and porte of tVe same, into ony where Municipal else, that the procurators of the said chapele shall by attornay receve an 'w\TERFORrf. half peny of every li. 1 there made, and the same be benploied by the said — attornay and retorned to the said procurators. Which yerly shal gyve true and duhe accompt to the balives of the yere before elected to the audicion therof. The which procurators and ther successores shall kepe and mantaigne the most vertuest and devoutest preste that for v. li. of wages may be hadde and retaigneth in the said cheapell dayly to pray (admytted by the Maire and balives) for the estate of all the inhabitants, and in especiall for marchants tractants, and all cristen soules. 2 clvi ti . — [A.D. 1524-5.] In the xvi th yere of the forsaid regne of King Henry the VIII th ., Nicholas Madan being Maire, Nicholas Strong and John Lumbard, balives in the Dernhundred day, by commene assent it was ordayned and enacted that from hensforward none inhabitant of the said citie and franches bavyng ony cause of personall action, one against that othre, shall gyve or sill 3 his bond or cause of action to any f oraine, duelling oute of the citie and franches, wherby the saide foraine moght vex or sue ony of the saide inhabitants by the Kings writts othre the King's command- ment oute of the said citie upon all paynes named and lymyted in the cliiii ti acte 4 forsaide, made against the laboring of wrilts, Nicholas Wise then beyng Maire, in the xv. yere of the saide regne [A.D. 1523-4]. civil 11 .— [A.D. 1524-5.] Also, it was enacted the said day and yere by commene assent that fol. 67. from hensforward every f reman that hath and shall have cause to sue in court for any prismony may entre his playnt upon the arrest, and that the defendant shall make nor have noo manere of delayes in courte, butt unto the first jurye, and noo longer." 5 VI. Second Book of Waterford " Ordinances." " Liber Secundus : Here begynneth the second boke, whiche doth con f ] 107 taigne notable precedentes, used and accustumed for laudable ordenances. With others righte many digne to be recorded and kept in memory e. The firste.— [A.D. 1407-8.] Memorandum : That, in the nynth yere of the regne of King Henry the Fourth, John Lumbarde being Maire of this citie, Richart Barry and Robert Legro, balives, the voide lande somtyme belonging to Richart Bristoll and John Guyere, for the nonpaying of the Kings chief rent called Longable, during time of noo mynde, was seased and forfected to the commynes by the said Maire and balives, which laud lieth in leynth from the Bothstrete in the north unto the lande of Saint John of Jerusalem in the south, and in brede from William Symcok [h]is land, in the este, unto Maurice Wadding [h]is land, in the weste, within the citie, and in the paroche of Saynte Olave. 1 One pound. - [n the MS. this act is struck out,"and the following is written in the margin : " In the dernhunderth day, by commene assent of Mayor, ballifs, aod citisanns then assemblid, this statut arid act was dissolvit, extinguished, and to be of no forse for ever." 3 sell. 4 See p. 328. 5 This entry is followed by acts extending from the eighteenth to the thirty-fourth year of Henry VIII., 1526-7. — 1542-3. — MS. ff. f 7 a to 706. 330 HISTOKICAL MANUSCRIPTS COMMISSION. aSSp The second. — [A.D. 1429-30.1 — ' Memorandum : That, in the eight yere of the regne of King Henry the Sixte, one William Laules was broght to answere before Maire and balives by reason that, contrary to the statutes of this citie, he didd recett 1 a preste and his concubyne using fcrnicacion in his house, not- withstanding the proclamation that if ony, within or without the citie, wold recett ony prestes with ther concubins, and therof shold be con- victed, he shall lose all his goods, and his body to remayne in prison a tuelmoneth and a day, and then to make his fyne. Then, herupon the said William putt him to grace, whiche was fered and taxed att v. marks, of which was paied xiiii. quarters of salt at iiii. s. the quarter. The iii de . — [A.D. 1438-9.] fol. 1076. Memorandum : That, in the xvii th yere of the regne of King Henry the Sixte, William Lyncoll being Maire, James Rockell and Foucke Quemerford, balives, John Franches, citsaine of this citie, didd knolech 2 hym to ow to William Lyncoll, citsaine also of the said citie, x. li. of money currant, to be paied att the pleasure of the said William, undre and upon thes condicions : That if the said John forfecte or ony trespasse doo againste the said William, othre ony citsaine bering office of Mairaltie or of balifs, and therein to be convicted, he shall pay the said x. li. without ony grace. The iiii th .— [A.D. 1441-2.] Memorandum : That in the xx ti yere of King Henry the Sixt, William Lyncoll beyng Maire, John Corr and Nicolas Morgan, balives, James Rockell forfected the franches of the citie, by cause it was founde that heconcelid Nicolas Maryner, the Florentyn, 3 [h]isgoodes, against hisoth. And the next yere aftre he was receved to grace and taxid att xxi. s. viii. d. upon this condicions, that, if ever he shalbe founde giltie in such causes, he shall forfeit x. li. without ony grace. The v th . — [A.D. 1451-2.] Memorandum : That, in the xxx t! yere of King Henrye the Sixt, John Corr being Maire, John May and Thomas Yong, balives, John May forsaid, for certaine contempts aad crymes that he have done agaynste the Maire and commynes, that is to say, the brecking of the Maire [h]is saufconducte, and also that he wold not obey the said Maire [h]is commandment when he was chearged to dischearge a man that he toke upon the Maire [h]is suertie, and also for the meanashing done in the Maire [h]is presennce, that he wolde kylland take certain men, if the Maire wolde gyve them suertie, for which contempts the saide John May hath forfected his franches by awarde of the counsaile, and, if ever he shall aske it again, he to pay x. li. without ony grace. The vi th . — [A.D. 1438.] Memorandum : That in the saide yere the xvi, day of August, one John Brian, of Rosse, bought a caravell 4 laden Avith wynes, att the Passage, againste the libertie of the citie, for the which he was arrested and, by aw&rde of iiii. of the consaile, he was sworne on a boke that he should never heraftre bye noo maner of marchandis within the fran- ches of this citie, exept fresh fish, without licennce of Maire and balives, deceive. 2 acknowledge. 3 Florentine. 4 small ship. HISTOEICAL MANUSCKIPTS COMMISSION. 331 and if he do the contrary hereof he by.ide himself to pay to Maire and Municipal commyncs x. li. of mony. wSSorS! The vii th .-~ [A.D. 1461.] Memorandum : That, the xvi. day of Decembre, the first yere of the regne of King Edward the fourth, it was fownde by all the consaile of the citie that Thomas Nele, citsain of this citie, rebuked and myssaide John May, Maire, sitting as the Kings Judge in court in presennce of the worthiest of the said consaile, saying that he said not sothe, for which rebuke the said consaile awarded that the May re oughte to have the benyfet of the statute, and therefore he was to the Maire condempned in x. li. for the which he was commytted to warde and dismytted out of the said consaile for ever. The VIII th . — [A.D. 1448-9.] Memorandum : That, in the xxvii th yere of King Henry the Sixt, it was found by examination of divers negboures of this citie, had and taken before the consaile, how John May made afray againste Fouck Quemerford, being Maire, in whos presennce he drew a dagger and wonded a monk, which was on the Maire [h]is assurannce, for which causes and crymes the said John lost his fredome and was discharged of the court. The ix th . — [A.D. 1448-9.] Also, it was founde that the said John May wolde not obey the Maire [h]is commandment as Justice of the Peace, butt, drawing a swerde, made afray, for which he was adjudged to prison for a tuelmoneth and a daye. The tenth. — [A.D. 1448-9.] Also, it was founde that the said John made assault to Thomas Barbour, Serjant, and him belt and evill entreated in the Maire [h]is presence, in contempt of the King, for the which he was adjudged to make a fyne of v. li. The xi th . — [A.D. 1448-9.] Also, it was founde that the saide John didde shed the saide Maire h[is] blodde, and, therfore, lie was adjudged by the saide counsaile that he shall delyver to the forsaid Maire an c. li. else to lose his right hande. The xii th . — [A.D. 1464-5.] Memorandum : That in the fift yere of King Edward the Fourth, f i t iq8&. William Lyncoll being Maire of this citie, John Morgan afPermed an action of convenant in court agaynst John Ofons, mariner, in which action John May became pledge and suretie. Then aftre in defaults made in court by the said John Ofons of none apparence, it was awarded that the said John May as pledge sholde aunswere to the action, according to the lawes and custumes of this citie. Processe therupon contynued unto such tyrne that the said John Morgan hadde judgement to recover his domages in the said action taxed att xxvi d . s. viii. d. Whereupon execucion was awarded, and the saide John May attached, which disobeied, brecking the arrest. Then the balif hadde him arrested, and he said that he knew him not as balif, and wold not obey his arrest, without the Maire wolde commyth him to warde, and there he lied and rebuked the balif, to the great con- tempt of the King, and a precedent to destroy the goode rule and lawes of this citie, if it were not reformed. 332 HISTORICAL MANUSCRIPTS COMMISSION. Municipal Therefore, the premysses considered, by assent of the [w]hole consailc was ordayned and adjudged the said John May to be dismytted 1 of — his libertie and tranches for ever term of his lif. The xiii th . — [A.D. 1464-5.] Also, in the said yere, the vii th day of Marc[he], by assent of the hole consaiie, the said John May was putt to warde for his great offences, and where of late he was condempned in x. li., as forsaid, John Corr being Maire, and nowe also is condempned in v. it. by an orden- nance made by commene assent against all tho[se] that bryngith ony writts. And the said John, contrary to the same, broght a writt of corpus cum causa, the vi. day of Marc[h]e, and a writt of sicut alias, the vii th day of Marc[h]e, for which offences the said John was commytied to warde and there to abide till the said sommes be payed. Also, the saide consaiie concluded that all maner of costs nedfull to be spende againste the said John, in all suyts that is or shalbe done, shal be spende of the commyne goode, and that consaiie and commynes shall stand and defend att all tymes thofficers for tyme beyng. The xiiii th . — [A.D. 1464-5.] ( 1 # 10 9. Also, in the xx 11 day of Marc[h]e, att the speciall desyre of certaine worth ie men of the consaiie, by prayer of the said John May, beying 2 xiiii. dayes in warde for the offences aforwritten, knouleged 3 in open audience him to be giltie in the same, was receved to grace, unto which he submytted hym, and louly 4 prayed for grace. Then Maire and consaiie, seing his humylite, receved him to grace, which was then fered in this manere : That, if ever herafter the said John wolde offend in ony maner of wise, the ordenances, usages, and lawes of this citie, or wolde disobey the commandment of the officers for tyme beyng, that then he sholde fall in the payne of xx ti li. to be payed without contradiction of the said John [b]is goodes and catell 5 to Maire and constables of the staple. The xv th .— [A.D. 1464-5.] Also, the xxviii td day of Marc[h]e, the said recognisance of xx. li. was openly redde unto the said John May, whiche then saide that he wolde not be bounde to the Maire and constables of the staple, nor to none othre, in maner forsaide, ne othrewise. And in this Maire and consaiie considering the untriewe 6 promise and demeanour of the said John, by ther [w]hole assent awarded him to pay xv. li., for the which he wan in ward, and to be dismitted 7 from the libertie for ever. And if ony pray ever heraftre for him, to bring him to the same libertie agayne, he that so shall doo shall forfect xx. s., tociens quo- ciens, to the commynes. Also, thei awarded him to be dismitted for ever of the dryncking in Lenten tyme. And who so ever of the counsaile will not att all tymes stand and defend all thes wardes and ordenances forsaide, shall forfect x. li. to the commynes. The xvi t!l ." 8 * * * * l , 7 , excluded. 2 being. 3 acknowledged. 4 humbly. 5 chattels. 6 untrue. 8 The remainder of the leaf is blank in the MS. HISTORICAL MANUSCRIPTS COMMISSION. 333 VII. Municipal Archives of Ancient Customs in the City of Waterford. — " Certeyne of the Auncient Customes used and contynued within the fol. 110. citie of Waterford, the liberties, linaites, suburbes, and fraunches of the name, tyme out of raynde, and collected by the verdit of divers of the moste auncient and discrete Aldermen and inhabitanntes of the said citie, being sworne for that purpose, and afterward approved, ratified, and confirmed by all the citizens of the said citie in their common assemblie at Michaelmas, 1574, holden before the Woorshipfull Mr. James Walsh, Maior, and Patricke Quemerford and Robert Walsh, Sheriff es, as the very auncient and old contynued customes within the same from the beginning. 1. — First : That the Maior and balives shall, during the yeare of their office, contynually remayne within the citie and liberties of the same without departing from their said charge, unlesse the counsaill of the said citie do license them or anny of them to departe, having asuffi- cient deputie or deputies, which depute or deputies they have used, tyme out of mynde, to make as before. The consideration of this custome is that if the officers might departe without license, and leave no deputie, then the citie shoulde lacke governement, and justice should be suspended, and that often the officers are especially commannded by the governor and other officers, somtymes for the citie cause, and somtymes for their privat cause, to appeare before them, which they must obey. And therefore they have used to make deputies, tyme out of mynde, which deputies, also, tyme out of mynde, have had the like authoritie as the said officers. 2. — Item : That plees holden before one of the three officers in anny of the courtes of the said citie, by the consent of the rest of the stile or title of the courte making mention of the plea to be holden before all three were alwayes accepted and holden to be of as great effecte as if all the officers were present, for somtymes two of the said courtes are and must be holden at one tyme, at which tyme all the officers may not be present in both, and somtymes the bailif receavour, and the Maior, at othre tymes, must be absent and about the citie matters elswhear. 3. — Item : That all fermes did enswe the nature of fee simple landes within the citie, suburbes, and liberties of the same, and that wives had in their thirde as wife to the testatour or intestat an estate for life onely in the said third, if the yeares contynued so long, and that all wives were alwaies secluded and barred to demannde any intrest in their said thirde of the said fermes or leases other then during their livis or to allien any longer. The consideration is, that a great parte of the citie land belongeth to the Church, and to inheritours not dwelling within the same, by reason whereof the inhabitannts cannot purchase the inheritannce ; and, never- thelesse, the moste parte of their wealth is layde oute for leases for yeares, and it were against the meaning of the la we that women shoulde have so excessive a preferment, to the hinderannce of the children, where the costome is much for the contynuance of families, which the churchmen, having inheritannces within the Liberties of the said citie, do use to contynue and to preferre the heire of the first lessee. 4. — Item : That thinhabitanntes, being not citizens, have, tyme out of mynde, used to passe in juries of triall upon a man [h]is life, albeit they lacke freholde. 334 HISTORICAL MANUSCRIPTS COMMISSION. abchivb8 A of The consideration is, for that there are not freholders sufficient to w'aterford. heare the peremptorie and othre challendges, within the citie or liberties, and them [sic] for lacke of sufficient triall that point of justice shoulde faile within the citie. 5. — Also, causes and pleas betwixt thinhabi taunts have bene tried alwayes, tjme out of mynde, without respecte of freeholde or goodes, whether Inaction surmounted xl. marckes, or whether the same touched the realtie or not. Because the citie consisteth, and alwaies did con- sist, of trafficke and marchannt trade. And if causes were delayde and that merchanntes should not have triall with an expedition, for contynuing of theire trade and hastening of their viadges, contractes betwixt merchanntes should decay, whereby merchandize should be impaired, and so consequently dannger of utter decay of the state and the inhabitants within the citie. 6. — Also, that landlordes, or any that might distrayne for rent, have used to distrayne the goodes of him owing the rent onely, and not the goodes of any other, saving when goodes were in possession of the tenannte as pledge, or did owe him anny somme of mony ; in which case, the di stray ning of them for that somme of mony due to the ten- annte was lawfull and accepted. The consideracion wherefore the goodes of a strannger were free and not subjecte to the distresse is, for that such as be tenannts be either artificers or merchanntes, and artificers have, for the mosSe parte, the goodes of others, and merchannts somtymes lyve by other mens goodes, and somtymes have solde the moste parte of their goodes to others, and for the maintenannce of artificers and banishing of ydelnes, and also for the increase of buying and selling, the said custome have bene con- tynued as before. And, also, that anny deteynning a distresse contrary to this custome may he comitted before he delyver the same. fol. 111. 7. — We fynd yt a customme that the Maior hath but an Aldermans shift 1 saving onely of every shippe of wyne of common bieing 2 he hath one but or pipe or two hogsetts choice and no man els have had the same but he alone. 8. — We fynde it of auncient custome that every widowe shoulde have like benefitt of her fredome, during her viduitie and honest behavour, as she enjoyed by her husbands tyme. Excepted that Aldermen's widowes shall have but a balives shift during their viduite and honest behavour. 9. — Also, that the goodes of any supposed to be debitour to any in- habitannte may be arrested in absence of the debitour, and suite to be entred against the owener, and the courte to precede in processe to judgement and execution of the said goode3 as well as they might if the owener had appeared, for otherwise debitours might deale by attorney, and so defraude the creditours, which may not for their traficke sake attend suite out of the said citie. Also, the said libertie is grannted by King John to thinhabitanntes which may lawfully be grannted, and sithens and before hath bene con- tynued. 10. — We finde by auncient customme that any man having accion shall first arrest the partie whom he myndeth to sue, and when the Sergeant hath taken surtie of him to aunswer to the processe, that then the partie plaintif shall entre the accion in courte against him. Share or division. 2 buying. HISTORICAL MANUSCRIPTS COMMISSION, 335 11. — We fynde by anncient custom e that the partie defendannte shall Municipal have three dayes grannted to him to his annswer, and that no judge- waterford. ment for defaulte be pronounced against him before the third defaulte. 12. — We fynde it a custome that every dweller of this citie shall, for himself and all his housholde folke, have passadge in the ferrie boat, paying every houshold iiii. d. by the yeare, in consideration of the same. 13. — Also, that fowre men shall passe in an accion of accompte, and the defendynnt being fcunde giltie or comptable, the plaintif shall not be driven to have his accion of debt, but shall have execution of the somme founde by the fowre men aforesaid. 14. — Also, if one be attached to any the courtes, and the plaintif do not enter the next courte day, the arrest is voyde, unlesse both parties assent that the same upon hoape of agrement shall stand in force, haviug also the consent of the court. 15. — Also, that when surties be taken of any man arrested, that the plaintif, if he recover, may, at his election, sue execution against the partie arrested, or the surties, or against all. 16. — Also, that, in absence or for lacke of a Sergeannt, every citizen may and ought to arrest and bring before thofficer any that is de- mannded or challendged for debt or any other cause. 17. — Also, that anny of the Sergeants may arrest anny challendged in the Staple-court, and bring him to the Marshall, and so returning him and his arrest to the said Marshall, the arrest is as sufficient as if it were done by the said Marshall, and go of other officers and other courtes. 18. — Also, that the defendannt in every courte (the Pipoulder Court fol. lllb. excepted) yf he sweare that he will send or go to Dublin for counsel, ought to have fourten dayes for that counsell, that is called a day of em- parlance, yf his accion amount to x. li., or over, otherwise to sticke to th order of the courte. 19. — Also, where the defendannt is to be condempned upon a nihill dicit, he shall have thre dayes to annswere, before he be so condempned. 20. — Also, that the citie, by anncient usage have a Pipoulder Courte, commonly called the Courte of Delyverannce, for th expedition of strangers and for their personall demannde, in which courte the Maior and Balives be Judges, and that if a strannger be sued in any other courte, lie may pray that the cause be removed to the said courte, called the Pipoulder Courte, which may and must be so done at the said stranndgers charges, and nothing altered but the title or stile of the courte. 21. — -Also, that by like usage in the said citie there is a Court Barron to be kept yearly, beginning at twelve of the clocke the Saterday before Ascension day, for matters under forty shillings Irish, in which courte the two bailives be Judges. 22. — Also, that every childe inhabitant within this citie and suburbes, albeit he be under thage of xxi. yeares, and by consent of his father or next frend, bynding himself apprentice to any, shalbe as well bounde to serve his terme as if he were xxi. yeares at the tyme of such bynding. 23. — Also, that fowre Aldermen shalbe elected surveighours yearely in the Assembly after Michaelmas, which have aucthoritie to deter- myne all mischannces and variannces of mearing betwixt thinhabitannts, of which surveighours the Maior may remove at his discretion for that tyme any that is father, brother, or uncle to any of the parties in variannce, in respect that the said surveighors be not sworne that custome was commenced for tbincrease of thadministration of justice and dischardging of thofficers of some parte of their charge, because 336 HISTORICAL MANUSCRIPTS COMMISSION. \RCHivEs A or ^ ie * ^° j U( ^» es * n ( ^ vers courtes and have otherwise an over great charge, Waterford. and ftlso for ease of thinhabitants. — 24. — Also, that, upon the committing of any affray, any of thofficers, videlicet, the Maior or bailives, for the better preservation of the peace, may committ both the parties before examination of the cause, and if any in such a case will submitte himself, the saide officers may assesse his fyne, and if he submitte him not then putting a sufficient pledge to the bailive receavour's handes, thaffray shalbe tried by order of lawe. 25. — Also, that tenannte at will, (dwelling not upon the comon land,) ought to be warned half a yere before the tyme appointed for him to departe. 26. — That all" 1 * * * VIII. Act relative to Attire at Waterford, A.D. 1599. fol. 147. "Where it is considered by the Maior, Sheriffs, and cittizens of this citie how greatly the city is impoverished and dayly like to decay, that not onely the ablest and wealthiest persons do weare in their at tyre no parte or parcell of any thinge wrought within this citie or realme, but also their men-servants, maid servants, and nurses in like manner do weare no other then their maisters, being a chardge intollerable. F or remedy whereof and to thend th' inhabitants of this citie may bee withdrawen from idleness and made to work and content themselves with the clothes wrought and made within this realme, it is enacted and established by the Maior, sheriffs and citizens aforesaid, in their dernhundred, holden in the Gildhall of the said citie, the tenth day of October, anno Domini 1599, that from henceforth no nurse, man-servant, or mayd-servant shall weare in their attyre or garment any furr, frendge, lace, silke, or any wollen or lynnen, save such as shalbe wrought within this citie or realme, upon payne of forfeiture of all such garments, and their boddyes to be imprisoned, there to remayne untill they pay six shillings eight pence as a fine towards the reparacion of the Avails of this citie, as often as they or any of them shall offend in that case." IX. The "Lordship of Cogg," at Waterford, A.D. 1601. " In respect of divers practises used by such as are to serve the Lordshipp of Cogg, 2 and for avoyding the contencions that might growe among them upon that occasion, it is nowe by publick consent of the Maior, Sheriff, and citizens of this, the countie of the citie of Waterford, agreed, enacted and condiscended, that from henceforth the election of the Lord of Cogg shall contynue and passe in this manner, that is to saye, the Maior for the tyme being, the day of the said election, upon such duetie and oath as he hath sworne to the Corporacion, and taking assistance of the Lord of Cogg for the tyme being, or his deputie in his absence, to be sworne to joyne with him, who, together, without favour, love, meede, rewarde, or any respect of kindred or otherwise whatsoever, and according their best knowledges and conscience shall choose fower of the discreetest and ablest freemen, one of them to be elected Lord for 1 Fol. 1116. ends here ; the leaf which contained the matter in continuation to it is missing. 2 See ante, p. 327, act cxlix., A.D. 1518-19. HISTORICAL MANUSCRIPTS COMMISSION. 337 the yeere following, according the old accustomed manner and upon Municipal whose lott the same shall fall. If the partie after so chosen shall refuse the waterforS? lordshipp that then never after he shall exercise or have any other office — within the citie or franches or be brought to the councell of the same. And also he shall pay twenty pounds sterling for a fyne to be forthwith levied by the sheriff receaver for the tyrae being of his goods and chattells, the moyetie wherof to be to the Corporacion and the other moyetie to the Lord of Cogg, that shalbe made and elected." X. Incorporation of Waterford Guild, 1620. " To all Christian people to whom these presents shall come, the Maior, fol. 366. Sherifes, and cittizens of the county of the citty of Waterford send greeting in Our Lord God Everlasting: Whereas Kinge John, of famous memory, by his letters patents dated at Marlebridge, the third day of June, in the seventh yeere of his raigne [A.D. 1205], amongst other priviledges, graunted to the citizens of Waterford that they should have and enjoy their reasonable yeeldes, [guilds] and di tinguish themselfes into severall misteries and fraterni- tyes, as the burgesses of Bristoll have used ; which graunt of charter, according the auncient usadge, prescription, and custome, tyme out of minde, our moste royal Kinge, Charles, by his letters patentes, dated the six and twentieth day of May, in the second yeere of his Highnes raigne [A.D. 1626], and likewise all his predecessors and progenitors, Kings of England, by their severall letters patents have confirmed. Wee, the said Maior, SherhTes, and citizens, in our publick Deer[n]e- hundred, holden after the feast of St. Michell the Archangell, by our common assent and consent, for the universal! good and behoofe of the tradesmen, dwelling within the said corporation, and for the generall government and civility of the common wealth, which may not subsist without artificers and manuf actors, have given, graunted, and confirmed, and, for us and our successors, doe give, graunt, and confirme (quantum in nobis est) to the taylors, saddlers, hattmakers, haberdashers, hosyers, broduers, and buttonmakers, dwelling and residing within the citty of Waterford aforesaid, that they for ever hereafter shall be one body polliticke and one yeelde in name and substance, and, really incorporated, consisting of one maisler, two wardens, and of the society., yeelde, and fraternity of taylors, saddlers, hattmakers, haberdashers, hosyers, broduers, and buttonmakers, and that they shall be for ever knowen, esteemed and reputed by that name, and by that name shall have per- petuall succession, within the libertyes, precinctes, fraunchises, and suburbes of the said citty, and that one of the said yeeld or fraternity shall be yeerly chosen, ordained and elected by the said yeelde or the maior part of them to be maister of the society aforesaid for one whole yeere ; and that alsoe two idoneows and decent per- sons shall be chosen and elected wardens of the said yeelde for one whole yeere, and that the said election of maister and wardens for ever hereafter in the taylors' hall or other convenient place within the said citty shall beyeerely upon the feast day of St. John Baptist, and from thence foorth shall take upon them the regiment, order, and disposition of the saide yeelde, and before the said maister and wardens shall take f l. 37. upon them the exercise of their said offices, shall make and take their corporall oathes before the Maior of the said citty of Waterford, for the tyme being, to discharge, exercise, performe, and accomplish all and U 84068. Y :;;5N Ills l'< 1 1 : 1 OA I , M A X ITS COMMISSION. Municipal singuler acts and thinges apertayning to their severail offices, to the Waterford. uttermost of their power, discrestion and understanding. — " Aud, for the better execution of the premisses, wee, the said Maior, Sherifes, and citizens have made, ordayned, constituted, and appointed, aud by these presents doe make, ordayne, constitute and appoint Donogho O'Fyne, tayler, maister of the said yeeld, society and fraternity, and liichard O' Donogho and Peeter Callagane, wardens of the said society, to continue in their severail officis for one whole yeere, if for some reasonable cause they or any of them be not removed, and for misgoverement or other apparant defect, wee do allowe that they may be immoveable and deposed by the greater number of the said yeelde, and others chosen in his or their place and places, to supply the residue of the said yeere ; and. therefore, for prudense and pollicy of civill government wee have given and graunted to the said maister, wardenes, and yeeld, and their successours, that for ever hereafter they may assemble and congregate together, and make wholesome and resonable lawes and constitutions not repugnant to the lawes and statutes of this kingdome and common wealth, for the better government of the said corporacion and yeelde, and that they may impose fynes and amercia- ments upon any person or persons of the said yeelde, and collect, levie, and convert the same to their common and publicke uses, soe that the said bylawes and constitutions be ratified, allowed, and confirmed by the Maior, Shereifes, and cittizens in their yeelde hall of the said ditty before any such fynes and americaments be levied or col- lected, and that any man serving in the said citty of Waterford seaven yeeres a prentise to any of the company of taylors may, after that tyme be admitted free, the partie or parties, soe admitted to be free of the said company of taylors, shall, for his said freedome, paye unto the maister for the tyme being, to the use of the company of taylors twentie shillings sterling, and unto the Maior and Sherrifes of the said citty of Waterford, for the tyme being, to the use of the corporacion, two shillings and six pence sterling. And that if any man hereafter of the company of taylors doe or shall departe his shopp or standing, to worke in any man's house in Waterford, without itt be to the house of an Alderman, and that in tyme of extremety, that then itt may be lawfull to and for the said maister of the company of taylors for the tyme being to committ the said partie or parties to the citty goale there to remayne till he satisfie and paye to the Maior and Shereifes for the tyme being, to the use of the corporation, six shillings and eight pence sterling, and unto the maister and wardens for the tyme being, to the use of the company of taylors, six shillings and eight pence sterling. And that if any man of the company of taylors doe or shall, att any tyme hereafter, upon any occasion, upbraide, scandalize, or speake un- beseemingly to the maister and wardens for the tyme being, or any other maister that served hertofore, the partie or parties so offending shall forfeite and pay to the Maior and Sherife for the tyme being, to the use of the Corporation six shillings and eight pence sterling, and to the maister and wardeins for the tyme being to the use of the company of taylors vi. s. and Sd,, sterling, and that the maister of the taylors for the tyme being and all the ensuing maisters and company of taylors shall and may kecpe and detayne for their wadges all or any worke or workes don by them for the inhabitants of the citty of Waterford untill they be satisfied and paied for their worke or workes soe don by them or any of them. In consideration whereof, if the maister, wardeins, and company of taylors, or any of them, for the tyme being, doe or shall att any tyme hereafter worke out a cloacke cloth, a doblett, a jerken, hoase, or stockens for the inhabitants of the citty of Waterford, or any of them, HISTORICAL MANUSCRIPTS COMMISSION. 339 with any faulte or faultes to be foumle by the owners of the clothes, municipal that then itt may be lawfull to and for the maister of the taylors for the Archives op tyme being to com pell the said partie or parties soe offending to make due and full satisfaction to the owners for the trespasses by them com- mitted, and, moreover, the partie or parties so offending shall forfeite and pay to the Maior and Sherifes for the tyme being, to the use of the corporation vi. s. and Sd. sterling ; and to the maister of the taylors for the tyme being, to the use of the company of taylors, vi. s. and Sd. " And that noe body hereafter being a taylor shall or may worke in Passadge, nor in any other parte of the libertyes of the citty aforesaide, but that first he shall repayre to the maister of the company of taylors for the tyme being in Waterford, paying to the saide maister, to the use of the company of taylors, twentie shillings sterling ; and to the Maior and Sherifes for the tyme being, to the use of the Corporation, two shillings and six pence sterling. " And if any worke contrary to this, that itt shall and may be lawfull to and for the maister and wardeins for the tyme being to enter to any house within the liberties aforesaid, and finding any taylor working in any of those houses, being not free nor lycenced them to apprehend and bringe before the Maior of the citty of Waterford to be committed unto the citty goale untill the partie soe offending paye unto the said Maior for the tyme being to the use of the Corporation, six shillings and six pence sterling, and to the maisters of the taylors for the tyme being, to the use of the company of taylors vi.s-. and Sd. sterling. " In witness whereof, the said Maior, Sherifes, and cittizens have here- unto fixed [authorized] the common seale of the said citty to be fixed hereunto, the thirtenth day of October, in the yeere of Our Lord God a thousand six hundred twenty and six, and in the second yeere of the raigne of our soveraigne Lorde Kinge Charles, of England, Scotland, Fraunce and Ireland, etc. " Vera copia, per Johannem Lee, civitatis Waterford Towneclarke, examinata." 340 HISTOfi I < !A1 M AN USCBIPTS COMM ISSION, Archives of Jesuits in Ireland. ARCHIVES OF JESUITS IJS 7 IRELAND. BY JOHN T. GILBERT. The letters and papers of which a catalogue is subjoined were preserved at Stonyhurst College till transferred in 1866 to the Jesuits in Ireland. The letters are in Latin, with the exception of three in Italian and one in French. Letters. Dates. Places. Names of Writers. 1576, Jan. 31 1600, Nov . 3 1605. Feb. 28 1605, Oct. 4 1607, May 1 1607, Sept. 2 1616, July 15 1617, May 26 1618, Sept. 30 1623, March 8 1623, Nov. 23 1624, March 31 St. Malo [Rome] Jacobus Mauricii Desmoniae de Gerald inis, 1 Robert, Cardinal Bellarmin.* Addressed to. E loco mansionis i David [Kearney] , nostrae in Hi- | Archbishop of bernia." Dublin Cashel. 3 Idem. 4 - Episcopiu etc. unus, David [Kearney], Archbishop of Cashel. 6 Idem. 7 - " E loco mansionis nostras in pro- i vincia." " Ex flibernia." j " E loco mansionis j nostrae ex pro- i vincia Cassell- j ensi." Dublin 10 - - " In loco mansionis j Thomas [Dease] , nostrae." | Bishop of Meath. 11 David [Rothe], Bishop of Os- sory. 12 [General of Society of Jesus, Rome.] [Idem.] Claudio Aquaviva, General of S. J., Rome. [Idem.] P. H. 5 Claudio Aquaviva, General of S. J., Rome. Muzio Vitelleschi, General of S. J., Rome. Idem. Idem. Muzio Vitelleschi, General of S. J., Rome. Idem. 1 James FitzMaurice, a notice of whom will be found in " Facsimiles of National Manuscripts Ireland." London : 18S2. Part iv. 1., p. xxxvi. The above letter is printed in " Ibernia Ignatiana: A Patre Edmundo Hogan, S.J." Dublin : 1880, p. 21. 2 Appendix I. and " Ibernia Ignatiana," p. 69. 3 , 4 " Ibernia Ignatiana," pp. 160, 169. 5 P[aterJ H[enricus]— Henry FitzSimon, S.J. This letter ends as follows : " Subscripserunt Episcopus unus ; Vicarius Generalu unus ; Eques Auratus unus ; sacerdotes sex." It was printed in " Historise Catholicac Ibernia) Compendium." Dublin : 1850, p. 271, and in " Ibernia Ignatiana," p. 212. e " Ibernia Ignatiana," p. 220. 8 , 9 Appendix II. 1(1 Appendix III. 11 Appendix IV. 12 Appendix V. HISTORICAL MANUSCRIPTS COMMISSION. 341 Dates. [ Places. 1 Names of Writers. Addressed to. Archives of Jesuits in Ireland. 1629, July 20 " E loco mansionis nostrae." Thomas [Walsh], Archbishop of Cashel. 1 [General of S. J., Rome.] 1630, June 20 Venice - Bonaventura Ma- gennis, Bishop of Down and Connor. 2 [Idem.] 1636, Aug. 24 "Ex Regiis tris." Cas- [Aljbertus O'Don- nell, Earl of Tyrconnell. 8 Idem. 1646, Oct. 22 Limerick - Earl of Glamorgan 4 Vincenzio Carafa, General of S. J., Rome. 1648-9, Jan. 20 - Kilkenny - Roman Catholic Prelates. 5 M. Verdier. 1648-9, Jan. lb. Members of Su- preme Council of Irish Con- federation. 6 Idem. 1654, Nov. 17 Cologne - Peter Talbot? [Goswin Nickel, General of S. J., Rome.] 1659, May 20 London Anthony Geoghegan, Bishop of Meath. 8 Idem. 1660, Aug. 26 " Ex loco nostri re- fugii in Hib- ernia." Idem. 9 1672, Nov. 22 Dublin Oliver [Plunket], Archbishop of PadreOliva, [General of S. J., Rome.] 1673, Jan. 30 Armagh - Idem. 11 Idem 1673, Dec. 29 Paris Peter [Talbot], Archbishop of Dublin." 12 1698, Sept. 15 St. Germain Laie." - en- James II. 3 General de la Com- pagnie de Jesus. 1 Appendix VI. :s Appendix VIII. 5 Appendix X. ; Appendix XII. M , 11 Appendix XIV. 2 Appendix VII. * Appendix IX. fi Appendix XI. » 9 Appendix XIII. 12 Appendix XV. 13 Appendix XVI. 342 HISTORICAL MANUSCRIPTS commission. Archives of Papers. Jesuits in Ireland. m Articuli quidam, cum supplication c, Suae Sanctitati, nomine Iber- norum exulum, proponendi : " Address to the Pope from Irish Catholics in exile.— Undated.— [A.D. 1595-8]. 1 " Summarise relationes : " Accounts of affairs in Ireland, from the landing of the Spaniards in 1601, to the end of May [1602]. 2 Statement on Irish affairs addressed, in 1602, to the Papal Nuncio for Ireland, and to be communicated to the Superiors of Jesuit Colleges at Genoa, Bologna, Venice, and Padua. Endorsed : 4< Patris Guglielmi Bathei relationes de rebus Hibernicis." Commencing with account headed as follows : w Reverendissimo et Admodum Religioso Patri, Patri Lodovico Mansonio, Suae Sanctitatis pro Hibernia Nuncio, de rebus Hibernicis post pactum initum cum Anglic mense Martii [1602], relatio Domini Hugonis Mostian, Capitanei." 3 " Episcopion Doron : " Addressed to James I., King of England, by Peter Lombard, Roman Catholic Primate of Ireland : " Ad Jacobvm Primvm, Magnae Britannia?, Franciae et Hiberniae Regem Maximvm, EIIISKOniON A£2PON : A Petro Lombardo, Archiepiscopo Ardmacano, Primate Regni Hiberniae, destinatum ac dicatum pro Religione et Patria." Incomplete. — Appendix 1. Regulations of Irish College at Salamanca, 1604. — Appendix 2. Fabricated Bull, dated, Rome, 7 December [1605], with observations in Latin by James White, Vicar- Apostolic. — Appendix 3. " Informatio ex Hibernia : " Account of affairs in Ireland, A.D. 1615, in relation to Eugenius MaeMahon, or Matthews, Archbishop of Dublin, and transmitted to Archbishop of Armagh, at Rome. — Appendix 4. Declaration by Irish Roman Catholic Prelates, Kilkenny, 27 April, 1648, against treaty for cessation of hostilities with Lord Inchiquin. — Appendix 5. " Exemplar censurae latae : " Excommunication by Rinuccini, Nuncio in Ireland, and Bishops of Clogher, Ross, Clonmacnoise, and Down, against adherents to treaty for cessation of hostilities with Lord Inchi- quin. — Kilmensie, 26 May, 1648. 4 List of Irish Roman Catholic Prelates. — Undated. — [Circa A.D. 1654]. — Appendix 6. Address to Innocent X., the Cardinals, Prelates and Roman Catholic clergy, from Irish in exile on account of their religion.— Undated. — [Circa, A.D. 1654.] — Appendix 7. Declaration of loyalty to Charles II. by congregation of Irish Roman Catholic Prelates and clergy. — 15 June, 1666. Memoranda in relation to doctrines of Sorbonne, etc. \ 2 , 3 See " Ibernia Ignatiana : " 1880, pp. 35, 83, 85, 234. 4 See "Contemporary History of Affairs in Ireland, 1641-52." Dublin, 1879, vol. i., p. 194. HISTORICAL MANUSCRIPTS COMMISSION. 348 Six of the letters in this collection have been published in the work A^rchives^of entitled " Ibernia Ignatiana," as noted in the preceding catalogue. The SelIn^ others, with that of Cardinal Bellarmin, are given in our Appendix, and — the following synopsis indicates briefly the principal matters to which their contents refer. Among the writers were some of the most eminent of the Irish Catholic hierarchy of the seventeenth century, including David Rothe, author of " Analecta Sacra Peter Talbot, Archbishop of Dublin, who died in prison in 1680, and Oliver Plunket, Primate of Ireland, executed at London, in 1681. The letter of Edward Earl of Glamorgan, better known by his subsequent title of Marquis of Wor- cester, is noteworthy for the expression it contains of the writer's friendship for the Jesuits. I. Cardinal Bellarmin, 1600: Decision of Pope Clement VIII., in compliance with request of the Irish, to send an acceptable member of the Society of Jesus to Ireland, after conference with Peter Lombard, Archbishop of Armagh. — Italian. II. David Kearney, Archbishop of Cashel : 1. — 1616. Arrange- ment of affairs at Rome and Court of Spain. 2. — 1617. Delegation of representative to Rome, in reference to recent occurrences in Ireland. 3. — 1617-18. Acknowledgment of letter. Expected arrangement [at Madrid] of affairs on which Father Richard Conway has been long occupied. Increased oppression of Catholics in Ireland. Hope that the Pope may obtain liberty of conscience for Catholics in the three kingdoms, or at least for those in Ireland. III. Letter on state of Ireland, 1623 : Severities against Catholics in Dublin and other parts of Ireland. Exclusion from inheritances, and offices, infliction of fines, imprisonment and pillory for nonconformity with Established Church. Suggestion for intervention of Spanish Ambassador at London with King of England, to procure discontinuance of persecution. IV. Thomas Dease, Bishop of Meath, 1623 : Testimony to excellent conduct of Jesuits in Ireland during recent ecclesiastical differences there, as well as at other times. V. David Rothe, Bishop of Ossory, 1624 : Uncertain condition of Catholics in Ireland. Prospect of amelioration and of arrangement in his diocese for Jesuits. VI. Thomas Walsh, Archbishop of Cashel, 1620: His return to Ireland. Recent conference with the Superior and others of the Irish mission. Necessity for Agents for Ireland at Rome and Madrid. Pro- position to contribute towards their expenses. VII. Bonaventure Magennis, Bishop of Down and Connor, 1630 : His arrival at Venice. Application for reception of two theological students from Ireland. VIII. O'Donnell, Earl of Tirconnell, 1636 : Commendation of Philip Clery, student at the Ludovisian seminary, Rome. IX. Edward, Earl of Glamorgan, 1646: His friendship for the Jesuits. Recommendation of his brother, Lord John Somerset, about to visit Rome. X. Letter to M. Verdier, Visitor of the Jesuits in Ireland, 1648-9, on excellent conduct of members of that Society during distracted and disturbed times. Signed by Catholic Archbishop of Tuam and six Bishops. 344 HISTORICAL MANUSCRIPTS COMMISSION. Jesuits S iS F xi Letter t0 M - Verdier from Members of Supreme Council of Irish Ireland. Confederation, 1648-9, on prudence of the Jesuits in recent controversy in Ireland between the Nuncio Rinuccini and them. XII. Communication from Peter Talbot, at Cologne, 1654, by express command of Charles II. : Application to the latter from Irish Catholics in Ireland and in exile to address the Pope with a view to effecting some amelioration in their calamitous condition. Request of the King that the General of the Jesuits will submit to the Pope a proposition to contribute or aid in raising funds to enable him to return to England, Scotland, or Ireland, with an army of Irish Catholics, and that the matter should be negotiated through the Nuncio at Cologne. The King promises, on his restoration, to grant freedom of worship as far as possible in his dominions to the Roman Catholics and to remove the laws against them. Should the Pope not co-operate, his Majesty may have to come to terms with the Presbyterian party, which would be fatal to Catholics in England and Ireland, The King's success, with the Pope's aid, would be most beneficial to Catholic interests in Europe. Objections to Crilly, a Cistercian, who states that he acts at London under authority from Rome. The contents of the communication are known only to the King and the writer. This letter bears no address, but that it was written to Goswin Nickel, General of the Jesuits at Rome, appears by a copy of an answer to it from him, dated 12 December, 1654, extant among the papers of Lord Chancellor Clarendon, in the Bodleian Library. 1 In it, Nickel expresses his anxiety to serve Charles II. and to relieve the Irish Catholics, but states that the proposition could not be entertained as it would bring the agents of the Society in the three kingdoms into the greatest danger, and that the state of the Pope's health obstructs access to him. Nickel suggests that the King should communicate on the subject, in the first instance, with the Nuncio at Cologne, and promises that he will subsequently co-operate so far as practicable. XIII. Anthony Geoghegan, Bishop of Meath : 1. — 1659: Confused state of public affairs in England on the deposal of Richard Cromwell. 2. — i660: Expectations of the Irish from restoration of Charles II. The writer and others of his order in Ireland live in " caverns." XIV. Oliver Plunket, Archbishop of Armagh. 1.— 1672: Com- mendations of Stephen Rice, and other Jesuits in diocese of Armagh. Success of Catholic schools recently opened at Drogheda. Apprehen- sions entertained by Talbot, Archbishop of Dublin. Toleration by the Viceroys Berkley and Essex. — Italian. 2. — 1673: Satisfactory selection of Stephen Rice, as Superior of mission of Jesuits in Ireland. Need of residence for Irish novices of the Society. — Italian. XV. Peter Talbot, Archbishop of Dublin, 2 1673 : Expulsion of Catholic Bishops and ecclesiastics from Ireland. Importance of Jesuits as missionaries there, and want of domicile for them. Charles II. and his brother, James, Duke of York, have given Talbot commendatory letters written by themselves to the King of France. XVI. James II., 1698 : Appointment of Rector for Irish College, Rome. — French. The letters, in general, bear notes as to the dates at which they were received and in reference to the subjects mentioned in them. Four of the papers in the collection were, as noticed in the catalogue, 1 No. 2099 : 1654. 12 Talbot was appointed to the see of Dublin in 1669. HISTORICAL MANUSCRIPTS COMMISSION. 345 printed In " Ibernia Ignatiana." Of the others which are given in our Archives of Appendix the following is a short account : — J ?relIkd N 1. Portion of treatise by Peter Lombard, Catholic Archbishop of Armagh, resident at Rome, 1604 : Extracts from preface, addressed to James I., on the sufferings of his mother, Mary, Queen of Scots; the King's descent from ancient monarchs of Ireland ; gratification of the Irish at his accession; the author's see at Armagh, the most ancient in his Majesty's dominions, is the mother of all the churches in Ireland and the progenitrix of the propagators of Christianity among the Saxons, Picts, and Scots ; reports of the King's toleration to the Irish Catholics, his devoted subjects ; advice to him to embrace the Catholic faith ; expression of the author's loyalty ; and monition as to impartial administra- tion of justice. The subjects to be treated of in the work are stated as follows : Description of Ireland and its natural advantages ; foundation of Christianity there by Palladius and Patrick ; labors of their successors in religion and learning, when Ireland was styled " Insula Sanctorum ; " irregularities reformed by Saints Celsus and Malachy, Archbishops of Armagh; transfer of Ireland to English kings ; transactions to period of change of religion in England ; adhesion of the Irish to the Catholic faith and importance to the King of attaching them to him by allowing the free exercise of that religion. The title, u Episcopion Doron," was apparently adopted from the "Basilicon Doron," of James I., first printed in 1599. Much of the material of this work of Lombard would appear to have been analogous to that in his " Commentarius de regno Hiberniae, Sanctorum Insula," written in 1601 and dedicated to Pope Clement V., who died in 1605. Lombard's " Commentarius " was printed for the first time at Lou vain in 1632, seven years after the author's death, and republished in 1868 by Cardinal Moran, from the original in the Barberini Archives, Rome. The notices of Lombard and his writings, prefixed to the latter edition do not include any reference to the " Episcopion Doron." 2. Regulations of College of Irish Jesuits at Salamanca, 1604 : Extracts : Qualifications and admission of students between the ages of eighteen and twenty-four ; form of oath ; daily prayers for Ireland ; studies during term of seven years ; causes for dismissal. 3. Fabricated Bull, 1605, addressed to all "faithfull Catholics in Ireland," in relation to recent oppressive proclamation. Appended are observations in Latin by James White, Vicar Apostolic, who states that the " bull " is carried about by Judges and officials in Ireland, and has been used a pretext for intolerable persecution of the Catholics there. He impugns the authenticity of the document and conjectures it to have been composed by Calvinists. The il bull " is referred to in a letter to the Earl of Salisbury, on the 29th of March, 1606, from Sir Arthur Chichester, Lord Deputy of Ireland, who observed that he did not believe that it had emanated from Rome. 1 4. Statements on affairs in Ireland, transmitted to Primate of Ireland, at Rome, 1615 : Perilous position of Eugene Matthews or MacMahon, Catholic Archbishop of Dublin. Anxiety of the Viceroy and officials for his arrest. Suspicions against him from the connection of himself and his relatives in Ulster with Hugh O'Neill, Earl of Tirone, at whose instance he was appointed to the see of Dublin by Pope Paul V., 1616 : Continuous pursuit of Archbishop Matthews ; imprisonment of priests and members of religious orders. 1 State Papers, Ireland, 1606, No. 678, Public Record Office, London. 846 HISTORICAL MANUSCRIPTS COMMISSION. archives of 5. Declaration of Catholic Archbishops and Bishops, under presidency J Ikv11k™ °f tne Nuncio Rinuccini, against recent cessation of hostilities with — O'Brien, Baron of Inchiquin, 1648. 6. List of Irish Catholic prelates in Ireland, England, France, Spain, Germany and Rome, towards the middle of the seventeenth century. 7. Address to Pope Innocent X., Cardinals and Catholic Church from the Irish, circa 1654 : Statement on oppression and projected extirpa- tion of Irish Catholics : deportation to the Bermudas ; " transplantation " to Connacht ; severe enactments under military rule ; pursuit and incar- ceration of ecclesiastics ; slaughter of four prelates, 1 and innumerable priests and members of religious orders ; unfounded allegations that the Irish may receive more favor from Cromwell than from their King, of whose consideration for them they have experience in their banish- ment and wretchedness. Appeal from more than thirty thousand Irish Catholics, in exile and misery throughout Europe, to the Pope and the heads of the Church for aid to enable them to recover their country and to expel from England and Ireland those who labour to extirpate religion, to subvert monarchy and to destroy the Irish race. APPENDIX. m Letter from Cardinal Bellarmin, A.D. 1600. " Reverendissimo in Christo Padre mio Osservandtssimo, Nostro Signore e risoluto contentare questi Hiberni con man- dare in Hibernia un Padre della Compagnia nostra Italiano, e mandarlo da Roma, e che sia a gusto loro. Pero mi ha commesso che dica a V.P. che ne elegga alcuni, e conferisca con il Signor Pietro Lombardo, 2 che e il capo delli Hibernesi, e cosi di quelli se ne stabilisca uno di commune consenso. Con questo mi raccommando alle sue sante orazioni. " Dalle stanze li 3 di Novembre, 1600. Di V.P. R m0 Att mo servo in Christo, Roberto Card. Bellarmino." II. Letters from David Kearney, Archbishop of Cashel, to Muzio Vitelleschi, A.D. 1616, 1617, 1618. 1. "Admodum Reverende in Christo Pater, Litteras Reverentias vestrae, 21 Maii datas, accepimus 6° Julii, et gratias agimus pro tanta in nos benevolentia qua placuit Reverentiae 1 Malachy O'Queely, Archbishop of Tuam, killed in 1646 ; Boetius Egan, Bishop of Ross, andEmer MacMahon, Bishop of Clogher, who were hanged in 1650 ; and Terence Albert O'Brien, Bishop of Emly, executed in 1651. 2 Peter Lombard, Roman Catholic Primate of Irehnd 1601-1625. HISTORICAL MANUSCRIPTS COMMISSION. 847 vestrae rebus et negotiis nostris semper favere. Scripsimus ad Reveren- archives oi dum Patrem Oenum, 1 qui curam gerit Collegii Anglieani, ut is consignet 3 i£™*™ aliquot monetae scuta, triginta quatuor viz. (quae ex meis aliquot jam — annis babet) in manus Reverendi Patris Alfonsi Carilla, ut iis in negotiis jnostris hie pro arbitrio utatur. Curabimus (ut monet Reverentia vestra) ut quispiam idoneus negotium sollicitet in Curia Hispanica, et ibi nunc est Pater Richardus Conwaeus. 2 Et si Paterni- tati vestrae congruum videretur, optaremus ibidem ha3reret dum totum negotium expediat. Ipse enim, et alius pene nullus, earn rem et novit et semper hactenus tractavit. Quare id Paternitati vestrae unice com- mendamus. Aliam nobis occasionem praebuit oborta recens ha3C in patria quorun- dam hominum malitia, mittendi quendam in Urbem, qui causam nostram exponat; hunc ut Paternitas vestra amplectatur, ej usque petitionibus, ac negotiis sua, et [oblit.'] authoritate patrocinetur, rogo obtestorque. Et quo secretius haec agantur, ed omnino melius. Nec vellem alius hasc intelligeret, nisi qui necessario ilia tractare debet. " Si Don Baltazar de Zuniga ibi pro suo Domino agat, ille est et fuit in nos semper benevolus, benignus, et liberalis : in cujus mentem memoria illius redire poterit, quod in eadem cum ipso mensa Parisiis pransus est, Dominica Quinquagesimae, 3 annis abhinc fortassis quatuordecim : cujus manus, aliquo median te amico, deosculandas meo nomine peroptarem. Interim, Deus Optimus, Maximus Paternitatem vestram et reliquos amicos diu nobis servet incolumes. E loco man- sionis nostras in provincia nostra Cassellensi, die 15 Julii, in Hibernia, 1616. Reverendissimae Paternitati vestrae addictissimus, David, Archiepiscopus Cassellensis." Addressed : " Magnifico Domino D. Mutio Vitellesci, etc. Romam." Endorsed: "Hibernia, Julii [1]616. Archiepiscopus Cassellensis.' 2. " Admodum Reverende in Christo Pater, Quas ad nos dedit Paternitas vestra 17. Decembris accepimus 25 Maii, quibus favorem in nos vestrum abunde intelligimus, et quantum cordi habeat negotia nostra : quae si ex animi sententia nobis succedant, vestri hie saltern fient participes emolumenti ; et merito, quia ipsi etiam negotium promovent, quantum in ipsis est. De alio verd negotio a nobis alteri commisso in Urbe ed foeliciorem speramus exitum, si illud etiam vestra authoritate, ut ratio dictabit, commendetur. Caeterum hie magis nunc angustiamur quam hactenus : persecutio enim (ut plenius aliunde intelliget) ratione novi Grubernatoris, 4 qui mira Regi nostro promittit, in dies magis magisque acuitur. Interim orandus est Deus ut nos patientia munire velit. Bissonius vester, proximis hisce diebus nobis hie adfuit, aegra satis valetudine, sed infracto animo. Quod reliquum est, Paternitati vestrae opto, quam ilia mihi a Deo pre- cata est fcelicitatem. Ex Hibernia, 26 Maii, 1617. Reverendae Paternitati vestrae addictissimus David Kearney, Archiepiscopus Cassellensis. Addressed : " Magnifico Domino D. Mutio Vitelesco. In Urbem." Endorsed : "Hibernia, Archiepiscopus Cassellensis, [1]617." 1 Thomns Owens, of Hants, Rector of College of English Jesuits, Rome, died 1618. 2 Richard Conway, native of New Ross, Ireland, died at Seville, A.D. 1626. :< Quinquagesima or Sbrove-Sunday. 4 Sir Oliver St. John, Lord Deputy, Ireland. 348 1 1 1 ST< >K I OA L MANUSCRH TS < 14 >.M MISSION. Archives of 3. Ireland. " ADMODUM RkvERENDE IN CHRISTO PATER, Literas Paternitatis vestrae scriptas 12 Julii recepimus 15 Septem- bris, quibus quam erat parata ad negotia nostra promovenda significavit,et recte facit, nam si ilia nobis ex animi sententia succedant, vestri hie et alibi et emolumentum inde reportabunt non mediocre. Quare uti pre- decessor vester nobis semper favebat, non minorem favorem expectamus nobis fieri a Paternitate vestra, quern prae caeteris adamamus et cujus familiaritate sepius usi sumus. Et quia Reverendus Pater Richardus Conwasus hoc negotium octo jam annis tractavit. e re vestra ac nostra erit non amovere ilium loco, donee totum negotium uti bene incepit foebcius absolvat. Haec sufficiant. Oremus, quia in graviore nunc persecutione sumus quam hactenus unquam, Suas Sanctitatis partes erunt nostrum negotium pro libertate conscientias obtinenda pro tribus istis reguis vehementer urgere, aut si fieri non possit pro tribus, saltern obtinenda pro hoc nostro Hibernias regno, propter multitudinem Catholicorum, ac eorundem in fide Catholica constantiam his centum ferme annis, et verendum sane nisi hanc libertatem sua Sanctitas urgeat pro hoc regno, illamque obtineat tanquam conditionem pernecessariam, ne plurimis ex nostris trahantur — velint, nolint — ad Protestantium ecclesias ; uti latius significamus per literas ad Illustrissimum Protectorem. Valeat semper Paterniras vestra in Christo Jesu. E loco mansionis nostras in provincia Cassellensi, die ultima Septembris, 1617 [1618]. Vestras Paternitati addictissimus, David, Archiepiscopus Cassellensis." Addressed : " Reverendissimo in Christo P. P. Mutio Vitelesco, Societatis Jesu Praeposito Generaii. Romam." Endorsed: " Hibernia. Septembris [1]618. Archiepiscopus Cassel- lensis." III. Letter on State of Ireland, A.D. 1623. " Cognate : Scripsi ad te circa festum S. Michaelis de statu patria? nostras, admodum afflictae et oppressae. Ne vero meas literas ad te non pervenissent, aut ii pervenerint, minime res quas ad afflictos Catholicos pertinent, mente cogitares, tibi iterum super eadem re, aliisque hoc in memoriam revocjxndum esse duxi. Revera omnibus pupillis 1 qui in Regis manu sunt, mina^ intentantur de suscipiendo primatus regii juramento, quando libertatem a Rege postulant. Et quidem multi juvenes hasredes omnino contra conscientiam jurarunt, alioqui contenti esse debebunt carere fructu et possessione hasreditatis ac terrarum suarum quousque jurent. " 2°. Omnes Maiores, magistratus, aliique ofiiciales ministeriales ac juridiciales, in civitatibus oppidisque corporatis in hoc regno annuatim electi, compelluntur invenire ministros ofiiciales huic instituto con- formes, sub poena libertatum amittendarum (quod contrarium est tenori cartarum liberasque electionis), atque ita juramentum supradictum jurare. " 3°. Nullo viro nobili (magnatibus except is) permittitur ut Roman us Catholicus nominetur. "4°. Omnes sacerdotes, aliique jamdudum religionis nomine incar- cerati, adhuc in arcta custodia sunt. Novus autem Prorex 2 rogatus a 1 Court of Wards in Ireland, established A.D. 1617. 2 Henry Cary, Viscount Falkland, Lord Deputy of Ireland. HISTORICAL MANUSCRIPTS COMMISSION, 341) niagnatibus nostris ut libertateni aliquam concedat, respond it, se Archives op omnino neque tulisse secum ex Anglia, neque illinc talia mandata ex J ir S eland. N quo hue appulit, accepisse : se vero ob nullius gratiam velle suae com - — missionis fines transgredi. " 5°. Excommunicationes onini cum rigore ac severitate anipliantur atque ministrantur contra cives Dublinenses aliosque Catholicos. Coguntur autem ne corpora eorum juridico processu prehendantur, intra domesticos parietes sese ut captives et notorios maleficos con- tinere. Oflicina), cellasque occluduntur, ita ut plane prohibeautur ullum vinum aut alias mercedes vendere. " 6°. [Per] Statutum 1 factum anno primo Elizabethai quo Recusantes dominicis diebus, aliisque festis per annum, in hsereticis ecclesiis Divinis omciis se prassentes sistere jubentur, toties quoties mulctantur duodpeim denariis vel duobus Juliis. 2 Atque hsec mulcta stricte exigitur, ita ut nullus Catholicus, quicunque sit, excipiatur. Hinc effectum est ut pauperes plane ad mendicitatem venerint : pecunia autem magno numero in regium aerarium refertur. "7°. Omnes homines, cujuscunque conditionis fuerint, absque ulla intermissione citantur processu juridico et sistuntur in curiis con- sistorialibus cujusvis diajcesis in qua habitant, eo nomine, quod liberos suos sinunt a sacerdotibus baptizai'i aut clandestina matrimonia (sic enim ea vocant adversarii) contrahunt : ut pro arbitrio Episcoporum suorum aliorumque ministrorum mulctam sustiueant. Qui vero non sunt sustinendo, coguntur absque limitatione ulla sub poenis gravissimis, ad crucem 3 stare valde ridicule in foro vestiti linteaminibus, similiter etiam in parochialibus ecclesiis ad certas horas, cartis atfixis in frontibus eorum Htteris majusculis ' Pro matrimoniis et baptismis contra Regis injunctiones.' Postremo, nemini licet homini dicto aperire scholam publicam, nec ulii nobili permittitur liberos suos aut fratres in trans- marinas regiones mittere ut aliquam artem, scientiam aut facultateni addiscant. Unde fiet ut cum tempore nostrates necessario Protestantes efficiantur ; sicut omnes etiam juvenes haeredes nunc ita educantur ignari, ut jus suum in terris ac possessionibus suis tueri non possint. Hucusque res complexus sum superiorum litterarum mearum. Ab illo tempore mulcta imposita pro baptizandis parvulis jam supradicta cum summo contemptu exercetur. Oppidani Drog- hedse, una cum uxoribus, famulis, liberisque plenaB a;tatis (nullo excepto) recusationis nomine citati fuerunt, et a juratis duodecim con- f'ormibus viris, rei peracti sunt, unde fit quod in prtesenti sunt periculo ut omnia mobilia sua perdant. Ac sine dubio brevi eveniet, ut hoc modo (si pergatur) omnes suas possessiones ac fundos exhauriant. Hasc omnia jam facta sunt per Dominicum Sarcefield, 4 virum equestrem et nostratem, ejusque associatos octo diebus antequam has ad te darem. Pra3terea in provincia Louthae 5 jurati jussi sunt nomina dare omnium Recusautium. Cum autem tres ex juratis essent Catholici, nollentque aliis juratis consentire in Recusantibus praesentanclis (erant autem, praster hos tres, jurati satis multi) in carcerem conjecti sunt per unam heb- domadam, ea lege, ut, nisi idoneos prsedes darent, quod se sisterent in 1 The statute here referred to appears to be that of the second year of Queen Elizabeth, A.D. 1560 : " An Act for the uniformity of Common Prayer and service in the church, and the administration of the Sacraments." — " Statutes passed in Parliaments held in Ireland," vol. i., p. 284. Dublin : 1786. 2 Julio, Giulio, an Italian coin, value sixpence. 15 The " High Cross," Dublin. See "History of City of Dublin," vol. i., p. 213. Dublin : 1854. 4 Sir Dominic Sarsticld, Baronet, Chief Justice, Common Pleas, Ireland. 5 County of Louth. 350 HISTORICAL MANUSCRIPTS COMMISSION. e8uits 8 ik F ^' uljicu l° Castri, 1 seqetenti lermino jurisdicundi, expectarent (gravi Ireland. mulcta iraposita) mitti cont'estim ad carcerem Dublinensciu. Similiter etiam actum est juratis in provincia Cavan : porro omnes Commissionarii in mandatis habuerunt, ut omnera adhiberent diligentiam, in suo quisque circuitu, quaerantque de rebus Recusantium : qui modus agendi ante banc a;tatem incognitus ac inauditus est. Proregis turma equorum et agmina satellitum a civibus Dublinensibus, non sine maximo sumptu aluntur. Multa sunt alia qua? queri possumus, modo sciremus quo pacto sublevari possint ac reformari. Sed ad praesens haec sunt satis. Rogo te, igitur, per Christi Passionem et per amorem patriae nostra?, ut has litteras cum Illustrissimo Domino Legato Hispanico communices, ea spe ut pro sua charitate dignetur apud Regem nostrum in hac causa authori- tatem suam interponere, faciatque ut ab hac servili miseria et captivitate qua nunc affligimur, liberemur, quo autem successu res fiet, obsecro fac ut quam citissime intelligam. — Dublino, 8 die Martii, 1623." No signature or address. Endorsed : iC Anglia, 1623. De presenti persecution Hibernian." IV. Letter from Thomas Dease, Bishot of Meath, A.D. 1623. " Pax Christi. "Admodcm Reverende in Christo Pater, Visis Paternitatis vestrae literis, ad Reverendum Patrem Superiorem directis, continentibus quorumdam religiosorum querelas exhibitas adversus Patres Societatis in hac nostra Hibernia coni- morantes, inde ansam de rei veritate inquirendi sumpsi, et facta per me diligenti totius negotii indagine, nihil preter meras calumnias adversus vestros Patres comperi, quippe qui litem cum nemine, sed amicitiam cum omnibus, quantum in ipsis est, colunt impraesen- tiarum ; quam etiam semper intactam a primo sui in hanc insulam ad- ventus instante in hanc usque horam coluerunt. Verum est, quod sesqui abhinc anno lis maxima adversus vestros intentata fuerit a Patribus Ordinis Divi Francisci, occasione erigendae sodalitatis Beatae Virginis, quam vestri ad promovendam in omni sexu et aetate devo- tionem foelici successu erexerunt. In qua quidem controversia, vestri multas ac graves passi sunt injurias et molestias, in mediis persecu- tions fluctibus, a praefatis religiosis, eorumque judice conservatore, qui ausu temerario rebus Catholicorum periclitantibus, et persecutione ingravescente, vestros cum publico totius regni scandalo, excommunica- tionis sententia ferire per nefas non est veritus ; ad hoc, insolito praefa- torum religiosorum impetu, prorsus impulsus, seu potius compulsus. Quae omnia interim cum insigni patientia et silentio vestri pertulere, in obsequium pacis, eligentes potius suo cedere jure, quam cum populi offendiculo jus suum tueri. Ilia sola vice, et propter opus Christiana charitate dignum, vim non vi, sed pertinaci patientia vestri in Domino expulerunt. Quod autem spectat ad Dominum Balthazarem Delahoyd, Vicarium Generalem 2 Dioecesis Ardmachanae, nihil habuerunt vestri omnino commune, quantum ad interdictum, cui subjecit dictorum religiosorum oratorium, pro jurisdictionis Episcopalis justa defenwione, nisi quod sint illi familiares, tanquam amico suo singulari, qui vestrorum auxilio et consilio frequenter in sui gregis regimine utitur. Ex qua 1 Court of Castle-Chamber. 2 The Koman Catholic Archbishop of Armagh, Peter Lombard, at this time resided at Rome. See pp. 346, 364. HISTORICAL MANUSCRIPTS COMMISSION. 351 quidein consuetudine, creuidcrhn scaturigiiiein caluuiniarum adversum Archives of vestros manasse ; quod scilicet, quidquid moliatur dictus ille Vicarius Ireland. adversus quempiam, hoc nonnisi vestris instigantibus, et consulentibus, moliatur ; quo nihil ealurnniosius, aut a veritate alienius, excogitari potest. Quod si ita res haberet, ut ab adversa parte in medium pro- fertur, certe non video, quare non potius laudi quam vitio, vestris vertaretur, si rogati, tanquam docti, cordati et in rebus agendis apprime versati, ab Ordinariis locorum, ut in re gravi, suam sententiam libere dicerent, adessentque rogantibus suo salubri consilio. Quis enim, nisi omnino ignarus, ignorat quemlibet probum Christianum lege charitatis teneri, ut a proximo rogatus, illi in re justa (qualis est in qusestione dubia directio) manum praebeat viamque doceat. Durum itaque atque iniquum videtur culpare in vestris, si faciant, quod sine culpa a nemine omitti aut negari potest^ Cseterum, ut paucis multa complectar, vestri in his occiduis Europae partibus, in pietate castisque moribus conspicui sunt ; strenuique atque indefessi cooper atores nostri in vinea Dominica colenda, qui didicerunt (quod et opere praestant) cum grano salis, pro rerum, locorum, et personarum qualitate, sese tempori atque animarum utilitati accommodare, ac inoffenso pede caute ambulare. Utinam in his rerum apud nos procellis placuisset aliorum Ordinum praapositis, suos subditos hortari seu potius illis in virtute strictse obediential praacipere, ut deinceps a dissidiis, calumniis, et obloquiis abstineant, Deoque va- care cum mansuetudine, humilitate et patientia, studeant, sicut decet religiosos Deum timentes ac diligentes; et quemadmodum vestri in omni occasione sese gerere optime noverunt. Missis prasterea plurimis praeclaris facinoribus, quas a vestris quotidie apud nos patrantur, hsec pauca currenti calamo scribenda duxi, ut vestram Reverentiam cer- tiorem redderem de nuda et pura rei de qua agitur veritate, et ut vestrorum innocentiam ab iniquis obtrectantium labiis et calamis, pro modulo meo vindicarem ; in quibus nil penitus testificor, prseter id quod vidi, audivi ac certa mea scientia novi. Vale igitur in Domino, Reverende admodum Pater, oraque si placet Deum pro me, qui sum, et futurus sum, in omnem aeternitatem, Paternitati vestras Reverendas servus ad omnia paratissimus, Thomas, Midensis Episcopus. Datum in loco mansionis nostras, 23 Novembris, 1623." Addressed : ff Reverendo Admodum in Christo Patri, P. Mutio Vitel- leschi, Societatis Jesu Generali, Romaa." Endorsed : — " Hibernia, 1623. — Reverendissimus Dominus Thomas, Episcopus Midensis, 23 Novembris. — Immerito conqueri Patres Eran- ciscanos de Societatis hominibus, quos valde laudat." V. Letter from David Rothe, Bishop of Ossory, 1 A.D. 1624. " Reverendissime Pater, Ex quo vestra Reverendissima Paternitas assumpta erat ad universaa Societatis gubernationem. frequens mihi cogitatio incidebat renovandi memoriam veteris notitiaa ne dicam necessitudinis, et dum aptam salntandi materiam opperior labuntur anni et lustra propemodum. Una apparebat nuper occasio bene opinandi, et de rebus nostris foeliciter 1 See " Facsimiles of National MSS. of Ireland." Tart IV.-2. London : 1884. Plate XL VII. An English letter of Bishop Rothe, written in 1628, is printed tpage 568 of Appendix to Fourth Report of this Commission, 1874. 352 HISTORICAL MANUSCRIPTS COMMISSION. Archives of ominandi si diu tractatum inter principes matrimoiiium aimuente Sede J IrelInd N Aposloliea lastum portiretur exituni. Tunc utique cogitandum serio foret — de stabili aliqua f undatione pro Societatis vestrae hominibus ; ut quam nunc cursim per varias provincial et diceceses operara impeDdunt sane frugiferam nationi, eandem navarent cum majori increinento et proventu, fixis hinc inde sedibus et refugiis. Sed has cogitationes ad partum properantes, non intersecant ut speramus, impediunt tamen et remorantur diuturnce illce et pendulee nostrorum principum consultationes qua) jam in Comitiorum fornace in Anglia coquuntur; ut ipsi etiamnum hae- reamus incerti de consiliorum fine et negotiorum evcntu. Nec satis no- bis constat quo tendant universa molimina ; utrum ad exitium rei Catholicae in nostris partibus (quod Deus avertat) an potius ad salutem et solamen Catholicorum. Edictum proscriptionis nostras in Januario publicatum, et alias quasdam subsecutae machinationes terrorem injiciunt nostris ; spei tamen meliorum temporura scintillam aliquam sub cinere fovent sermones et signa quasdam ambigua quae sollicitis animis trahun- tur in partem magis propitiam. Et [jalm nos solatur fiduciaa vestigium de pacifici Regis indole, nostri adversarii metu anguutur et sibi male augurantur. Interim, moderate nostra munia peragimus. " Quocunque autem vergat rerum nostrarum status, carere non possu- mus industria, pietate, et eruditione Societatis, quas ut in aliis hujus regni lat^ribus agnosci debet apprime necessaria : ita in ea civitate et dicecesi, unde, utrumque muneri impar, ego nuncupor, opportunam eandem experior et salutiferam. Et ni fallor in mentis augurio, non deerit ibidem ubi poterit tabernaculum figere, quando tempora successe- rint prosperiora. Deus omnia ad suum honorem et gentis hujus salutem dirigat, vestramque Reverendissimam Paternitatein diu sanam et incolu- mem tueatur. Pridie Kalendas Aprilis. Anno MD[CJXXIV. Reverendissimaa vestraa Paternitati Deditissimus in Christo Domino David Rothus, Ossoriensis E[piscopus]." Addressed : " Reverendissimo in Christo Patri, P. Mutio Vitellesco, Societatis Jesu Prasposito Generali, Romam." Endorsed : " Hibernia. 1629. Reverendissimus Dominus David Rothus, Episcopus Ossoriensis. 31 Martii. Excusat se quod tanto tempore Societatis Generalem non salutaverit. De spe restituenda; religionis et suo in Societatem aflectu. Sperat in sua diocesi, cui indignus praeest, sedem Societati inveniendam pacatis temporibus." VI. Letter from Thomas Walsh, Archbishop of Cashel, A.D. 1629. " Reverendissime Pater, De progressu itineris in patriam, de fratris appulsu, et palrum in me humanitate per Patrem Batheum, 1 procuratorem missiouis, Paternitatem vestram Reverendissimam certiorem reddidi : habeo nunc scribere, quod in cursu visitationis suae me inviserit Rcverendus Admo- dum Pater Robertus Nugentius, vestrae Missionis Superior, et cum eo Consultores ipsius Patres Barnabas Canueus 2 et Walterus Wale, 3 quibus 1 William Bathe, Dublin, Jesuit. 2 Barnabas Carney, of Cashel, Jesuit, resided for a time at Antwerp and Lille. He was author of w Helioiropium, seu Coneiones," published at Lyons in 1632 and at Paris in 1633. Carney is stated to have also written unpublished Latin discourses on the death of Thomas, Earl of Ormonde. :t Jesuit, of Cashel, nephew of Barnabas Carney. HISTORICAL MANUSCRIPTS COMMISSION. 353 et adjunctus est Pater Johannes Baptista, quo in congressu, inter alia, A j^eiis ipse proposui modum promovendi vestram in hoc regno missionem, qua3 Ikelant mihi sane cordi est : isque optimus, unicus et maxime efficax visus est (prout coram Paternitate vestra Reverendissima exposueram, id consilii turn approbante), nimirum ut selectus aliquis in Urbe nianeat, qui Superiori Missionis aliisque transmarinis patribns corresponderet, et pro nata occasione invigilaret quid pro Missione prsestari posset, quid Paternitati vestrse Reverendissirnee proponeret, quidque denium in man- datis acciperet ultro citroque significaret. Deinde ut alius Madriti in Curia Catholicae Majestatis constituatur, cujus procuratione indigentia Missionis aeque ac Seminariorum sublevetur. Ac ne hie Collegio oneri sit, per me licet licebitque illi consignare ex pensione mea centum ducatos singulis annis, ad demonstrandum tantilli aeris minuto bonam animi mei in vestros propensionem. Hoc si concesserit Paternitas vestra Reverendissima ut duos a Superiore nominandos illis in locis constituat, audeo non modo sperare, sed et promittere fore, ut haec Missio, ejusque Seminaria ac negotia indies efflorescant : cum alioquin (ut ingenue fatear) tanta sit oppressio afflictio hujus patriae, ut non videam qua meliore ratione juvari possit. Quare obnixe Paternitatem vestram Reverendissimam rogo, ut modum hunc ac rationem observari faciat. Hoc Patres, hoc Seminaria, hoc afflicta ipsa patria, summis exoptat votis et postulat. Quod superest, Deum Optimum Maximum precor ut Paternitatem vestram Reverendissimam diu servet incolumem, cujus precibus et sacrifices me valde commendo. E loco mansionis nostra?, 20 Julii, 1629. " Paternitati vestrae Reverendissimse addictissimus, Thomas, Archiepiscopus Cassilensis. 5 ' Endorsed: u Hibernia. 1629. Illustrissimus et Reverendissimus Thomas, Archiepiscopus Cassellensis. 20 Julii. De suo itinere, etc." VII. Letter from Magennis, Bishop of Down and Connor, A.D. 1630, " Reverendissime Pater, Venetias, Deo duce, salvus attigi. Non possum non his paucis et benevolentiam, et affectum effusissimum Reverendissimae vestrae in me Paternitatis agnoscere, quern non alia re promereri potui quam sincero quodam in Paternitatem vestram vestrumque sanctissimum Ordinem affectu, et cultu ; quern ego quacumque data occasione semper reipsa probabo. Jam rogo extremo me hoc beneficio obliget, ut Hugonem Davetum, Bernardumque, ejus fratrem, ad studia Theologica evocare dignetur, id vere maxime postulante afflictse patriae necessitate. Deus Reverendissimam Paternitatem vestram diu incolumem conservet Ecclesiee et religioni. Venetiis, 20 Junii, 1 630. Reverendissimae Paternitati vestrae Addictissimus Fr. Bonaventura Magnesius, Episcopus Dunensis et Conorensis." Endorsed : " Hibernia, 1630. Reverendissimus Fr. Bonaventura Mag- nesius, Episcopus Dunensis et Conorensis. Venetiis, 20 Junii." U 84068. Z 354 HISTORICAL MANUSCRIPTS COMMISSION. Archives of VI TT Jesuits in ,iX ' — ' Letter from O'Donnell, Earl of Tirconnel, 1 A.D. 1636. a Reverendissime Pater, Innumera Societatis Jesu in Dationem nostram Hibernicam, tarn hie in Belgio quani in aliis locis, collata beneficia, morum ac discipli- narum juventutem praeceptis imbuendo, suo jure nos provocant ut gratias exhibentes si non re (quas temporum iniquitas et exilium nos- trum ob orthodoxae fidei defensionem non permittit) verbis saltern Societatis Superioribus, prassertim Reverendissimas Paternitati vestrae, gratos et obligatos nos agnoscamus. Quam obligationem ego libenter agnosco, et illius Seminarii Romae ab Emiuentissimo ac benignissimo Cardinale Ludovisio piae memoriae in utilitatem Hibernicae juventutis erecti, Divinae Providentiae calculo curam Societati commissam esse arbitror, unde uberrimos fructus tempore messis suae Ecclesiam Dei, prsecipue in Hibernia, collecturam non dubito; ex qua quendam juvenem Philippum Clery 2 in illo Seminario sub Patrum manu, Uteris operam dare intelligo, quern praeceptoribus suis a Reverendo Patre Rectore, accedente Reverendissimae Paternitatis vestrae favore commen- datum esse velim. Piuribus implicitam gravioribus negotiis Reveren- dissimam Paternitatem vestram interpellere supersedeo ; quam Deus Optimus Maximus, magno suae sanctae Ecclesiae bono, ac Christiani orbis commodo, in multos annos prosperam ac incolumem conservet, quod ex animo voveo. Ex Regiis castris, die 24 Augusti. Reverendissimae Paternitatis vestrae obsequissimus Alius. [Al]Bertus, Comes de Tyrconell, Reverendissimo Patri, Generali Societatis Jesu." Endorsed: "Hibernia, 1636, 24 Augusti. [Al]Bertus, Comes de Tyrconell, ex castris. Gratias agit pro beneficiis in nationem Hiber- nicam ratione Seminarii collatis. Commendat unum alumnum Philippum Clery." IX. Letter from Edward, Earl of Glamorgan, A.D. 1646. "Admodum Reverende Pater, Impensissimum studium et amorem meum erga Societatem Jesu Admodum Reverendce Paternitati vestrae non incognitum esse spero ; Quod ni esset, unius epistolae fines longe transgrederer, si id verbis exprimere conarer, cui nullum statui posse terminum profiteor. Re igitur non verbis agendum censeo : animique sinceros indices meas esse actiones cupio. Fratri 3 meo carissimo proinde vices defero, meo ut nomine (quod ipse coram praesiare longe mallem), Admodum Reverendae Paternitatis vestrae manus deosculetur, ac mandata excipiat. Cui quicquid gratiae et opis conferre Admodum Reverenda Paternitas vestra dignata fuerit, id mihi ipsi impensum existimabo, nullamque grati animi testificandi occasionem praetermittam ; utpote cui nihil magis in votis est quam ut palam mortalibus omnibus testari mihi liceat quam vere et unice sim, Admodum Reverendae Paternitati vestrae, Ad omnia obsequii jura addictus planeque devotus, Limerici, 22 Octobris, 1646. Glamorgan." 1 Albertus Hugh, son cf Rory O'Donnell, Earl of Tirconncll, and Brigid Fitz- Oerald, daughter of Henry, Earl of Kildare. 2 The O'Clerighs of Donegal were hereditary chroniclers to the O'Donnells. 3 Lord John Somerset. See p. 279. HISTORICAL MANUSCRIPTS COMMISSION. 355 Addressed : l< Admodum Eeverendo in Christo Patri, Patri Vincentio Carafae, Societatis Jesu Praeposito Generali." Ireland. Endorsed : " Hibernia, 22 Octobris, 1646. Iilustrissimus Comes Gla- — morganus, nunc Marchio Vigorniensis, 1 Greneralis armorum, significat magnum suum affectum erga Societatem. Mittit Romam fratrem suum ad deosculandas manus Paternitatis vestrse. Commendat ipsum ac ipsius negotia Paternitati vestrse. R[ecepta] 20 Aprilis." X. Letter to M. Verdier from Irish Prelates, A.D. 1648-9. " Exemplar literarum scriptarum ad Patrem Mercurium Verdier, Yisi- tatorem Societatis Jesu in Hibernia, a Reverendissimis et Illustrissimis Episcopis : * Admodum Reverende Pater, Cum intellexerimus Paternitatem vestram ex directione Sanc- tissimi Domini, per Admodum Reverendum Patrem Generalem vestri Ordinis, fuisse missam in hoc regnum ad inquirendum et examinandum quo modo religiosi Patres vestrse Societatis liisce distractis et turbatis temporibus sese gesserint, et nunc gerunt, et cum videamus Paterni- tatem vestram sinistris informationibus ab Illustrissimo Nuntio, 2 apud quern fuit Galvise, 3 turn de nobis turn de ipsis Patribus, fuisse prseoccu- patam, notum facimus vestrae Paternitati quod Patres vestri modeste, religiose, prudenter semet gesserint cum nostra et communi omnium satisfactione et edifieatione per conformitatem animarum et unionem quam inter se servaverunt et aliis monstrarunt : nullis turbis, molestiis, vel seditionibus se immiscendo . quas ob causas nos et totum regnum magnas illis et vestro Ordini debemus gratis. Quod si aliter quam fecerunt semet gessissent, turn se, turn posteros suos, exosos in hoc regno reddidissent, sicut fecerunt aliorum Ordinum non pauci regulares, qui severis nostris monitionibus et decretis refractarii, inter seipsos divisi, et cum omnium scandalo, factiosi, seditiones, turbas, casdes, con- jurationes per regnum procurando, seipsos et suos Ordiues traxerunt in magnas angustias, et inextricablies difficultates, de quibus nos cogimur strictam exigere rationem, et statuere condignam poenam pro remedio. Quapropter hortamur Paternitatem vestram ut Admodum Eeverendo Patri vestro Generali significari faciat quatenus causa vestrorum Patrum hie ita est conjuncta cum nostra, quod teneamur illam tanquam nostram sustinere, nec posse contra illos quidquam a sua Paternitate statui, quod in nostram condemnationem non cederet. Quod ab ejus prudentia longe abesse nobis persuademus, praesertim cum debeamus causae nostrae simul et ipsorum aequitatem Sanctissimo Domino ac toti mundo probare. Paternitatis vestrae foelicitatem ac incolumitatem precamur nos — Jo. Archiepiscopus Tuamensis. 4 — David Ossoriensis. 5 — Thomas Midensis. 6 — Franc. Aladensis. 7 — Edm. Limeri- censis. 8 — And, Finiborensis. 9 — Ol. Dromorensis. 10 Kilkenniae, 20 Januarii, 1648[-9]/ " Notandum est in Hibernia annum tantum inchoare 25 Martii." 1 Lord Glamorgan succeeded his father as Marquis of Worcester in 1646. See p. 498. 2 Rinuccini. 3 Gahvay. 4 John de Burgo, Archbishop-elect of Tuam. 5 David Rothe, Bishop of Ossory. 6 Thomas Dease, Bishop of Meath. 7 Francis Kirwan, Bishop of Killala. 8 Edmund O'Dwyre, Bishop of Limerick. 9 Andrew Lynch, Bishop of Kilfenora. 10 Oliver Darcy, Bishop of Dromore. 2 2 3.56 HISTORICAL MANUSCRIPTS COMMISSION. ARCHIVES OF Jesuits ix 3LI? IRELAND. Letter to M. Vehdier from Members of Supreme Council of Irish Confederation, 1648-9. " Exemplar epistolae qiiam misit Supremum Consilium ad Patrem Mer- curium Verdier, Societatis Jesu in Hibernia Visitatorem : Ex Anglico in Latinum fideliter converses : ' Reverende Admodum Pater. Audivimus adventum tuum in hoc regnum et laetati sumus prassertiin cum audivimus te hue venisse ut informationem fa-ceres de ratione qua vestri Patres se gessissent in ultima controversia quae contigit inter Dominum Nuntium et nos. Et quia omnes, qui in his tumultibus eandem agendi rationem tenuerunt, sunt aequaliter involuti in hac materia, et causa illorum aequaliter agitur, nihil majori affectu cupimus quam ut novus rei status omnibus innotescat. Atque ita non possumus satis mirari singularem prudentiam et zelum Generalis vestras Societatis in delectu quern fecit hominis prudentiae hujus, qui ut testis oculatus possit ipsi reddere certain rationem de hisce nostris actionibus et refutare falsos rumores quos novimus sparsos contra nos, et contra eos qui nobis ad- haeserunt, ab his qui nobis adversantur. Et attendentes quam insignis fuerit vestrorum Patrum prudentia, doctrina, et vita exemplavis in tem- pore gravissimarum persecutionum, quam utiles sint Religioni Catholicae in Hibernia et quam religiose ac prudenter se gesserint his ultimis temporibus, nec dederint ullam causam offensionis aut scandali populo, ut fecerunt plures utri usque cleri saecularis et regularis, non possumus sine injustitia abstinere quominus damus illis hoc bonum testimonium quod juste debetur ipsis, nimirum, eos, si se gessissent in his turbis ac tumulti- bus sicut plures alii utriusque cleri. et magnum praejudicium regno, et sibi ipsis ruinam fuisse ereaturos. Et maxime judicavimus expedire ut tibi hoc notum fieret, optantes ex toto corde et affectu ut de iis vester Generalis et omnes alii certiores fiant vestri Ordinis Patres tarn sapienter se gessisse ut meruerint a nobis et magni fieri et diligi. Vestri valde fideles amici, Phelim ONeille. Mountgarret. Alexander MacDonnel. Dillon. Ricardus Bellings. N[etterville]. Godefredus Broune. Lucas Dillon. Geraldus Fennel. Ricardus Blake. P. Bryan. Kilkenniae, 23 Januarii, 1648[-9]/ " Notandum est illos qui subscripserunt esse omnes illos Consiliarios qui nominati sunt a Comitiis ut remanerent Kilkennia ut assisterent Domino Ormonio, Proregi, et omnia negotia majoris momenti definirent." XII. Letter from Peter Talbot, A.D. 1654. " Pax Christi, " Reverende admodum in Christo Pater noster, Ex mandato expresso Regis Brittanniarum scribo ad Paternitatem vestram quae sequuntur. Hiberni Catholici, tarn illi qui sunt in patria quam qui (oris magno numero exulant, instanter rogant Majestatem suam (et quidem qui in Hibernia sunt per nuntium expressum, alii omnes HISTORICAL MANUSCRIPTS COMMISSION. 357 per libellum supplicem) dignetur signifieare summo Pontifici suum erga Archives or ipsos affectum voluntatemque favendi religioni CatholieaB ; quo uti ipsi i^land^ sperant fiet ut Sua Sanctitas animum quoque adjiciat ad subveniendum — tixtremae religionis ac gentis necessitatis In hunc finem edidere manifestum inclusum 1 quod ad Paternitatem vestrani mittit serenissiinus Rex, ut Summo Pontifici status fidei ac Hibernorum omnium innotescat ; quiquidem talis est, ut sine gravi religionis nota negligi non posse videatur. His precibus tandem ac rationibus Catholicorum motus, Rex voluit tentare animum Summi Pontificis, per Paternitatem vestram, cui multum confidit ; petitque hoc velit praestare obsequium Deo, sibi ac nationi Hibernicae, pro constautia in orthodoxa fide tarn crudeliter ac barbare afiiictae, ut dicat nomine sua? Majestatis Summo Pontifici, se nihil negaturum in favorem religionis CatholieaB non solum in Hibernia, verum etiam in Anglia et Scotia (quando Deus ipsum restituerit) quod a viris prudentibus peti possit, daturumque exercitium publicum Romanae fidei in tribus suis regnis, legesque omnes contra Catholicos editas sublaturum, si Sanctitas sua per se et per alios velit tantum sub- ministrare pecuniae quantum sumciet ad milites Hibernos in Angliam, Scotiam vel Hiberniam cum ipso Rege transportandos. Hoc Majestas sua promittit, cupitque ut coromissio Pontificia ac potestas mittatur hue Coloniam ad Nuncium Apostolicum cum quo tractabit; si quae obtulerit non placebunt Sanctitati suae, nihil petit, aut expectat ; promissis ac subscripts stabit, cum sit e re sua fovere religionem illam, cujus pro- fessores expertus est subditorum fidissimos, atque monarchico regimini ex principiis suae fidei addictos. Cum vero ego objecissem Majestati suae Declarationem in Scotia factam contra Catholicos, maxime Hibernos, respondit illam non minus fuisse contra se ac Protestantes quam contra Catholicos; fuisse vim manifestam, jam enim statuerant Scoti Presby- teriani personam suam Parlamento Anglicano tradere, si illam Declara- tionem ab rpsis factam non approbasset : quamprimum vero atque in ipsa Scotia paulo post rerum potitus fuit, illico publicasse primam illam Declarationem fuisse vi extortam, quod verissimum est. Insuper non dubitat quin Summo Pontifici sit satis notum, fieri non posse ut Hibernis subveniatur alia via quam per Majestatem suam. Cromuelius enim illos penitus extirpare decrevit. Si vero a Sanctitate sua et Principibus Ecclesiasticis (suadente Pontifice) Rex non juveturut secum transferre possit exercitum Catholicum Hibernorum, oportebit ut (renitente licet animo) Presbyterianos amplectatur, juratos fidei hostes. Eo enim devenit res, ut dm non possit regnare Cromuelius ; vel ipsi olim Regi infestissimi ipsum jam importune invitant, adeo sunt tributis oppressi tamque impatienter ferunt novi hominis insolentem tyrannidem : Majestas tamen sua non libenter ire vel let sine exercitu Catholico, cui posset fidere et Presbiterianos in ordine continere, ne religioni ullum damnum possint inferre. Si vero Summum Pontificem non tangat Hibernorum, ac ^religionis conditio, necessitate compulsus Presbiterianorum fidem tentabit, actumque erit de fide in regnis Britannicis, Miratur quoque serenissimus Rex tantam fidem adhiberi Roma? cuidam Abbatl Cisterciensi Hiberno, nomine Crilly 2 , homini scandaloso (sunt verba Regis) totiusque Angiiae ac aulas Tabulae : dies consumit in tabernis, noctes vero alibi : nonnulli sunt in comitatu Regis, quibuscum (ut ipsi palam jurant) 1 Not in the Ms. Its purport -was probably analogous to that of the address to Innocent X., which is numbered 6 in this Appendix. 2 Crilly or Crelly is stated to have acted in 1649-50, at London as negotiator between the Marquis of Arjtrim, General Owen O'Neill and the Parliament of England. See "Contemporary History of Affairs in Ireland, 1641-53," Dublin: 1879-81, vol. hi., p. 413. 358 HISTORICAL MANUSCRIPTS COMMISSION. A JesuitTin F divertebat ad quasdam doraos Parisiis et Londini. Quidquid sit de Ibeland. voi itate hujus rei, certe nemo Londini dubitat de ilia, tarn publicn et constans est fama ; et tamen iste bonus Abbas per se et suos amicos (quod maxirae dolendum) jactat se degere Londini non sine notitia Summi Pontificis, habereque a Secretario vel Congregatione de Pro- paganda Fide summani potestatem in omnes trium regnorum missionarios. Nunquam extitit ma jus scandalum religionis in Anglia, confirmantur haeretici in opinione falsa quam habent de Curia Romana ex moribus istius hominis, atque auctoritate quam prsetendit. " Hasc sunt quae jussus sum a Rege scribere ad Paternitatem vestram nomine ipsius : per se noluit id piTestare propter aliquas rationes ; prse- cipua est, quia non est certus an Sua Sanctitas velit negotium hoc promo vere, quod Deus avertat. De ea3tero sua Majestas habet gratias Paternitati vestraa pro siDgulari affectu a suis subditis ubique erga ipsam declarato iis quibus potuerunt officiis ; quorum promittit se nunquam fore immemorem, addetque novum gratissimuni Paternitati vestrae si tali modo proponat is tarn rem Pontifici, ut de ilia serio eogitet, ac re- mittat ad suum nuntium Coloniam, sic enim magis expedire videtur, Regi et secreto et effectui negotiationis. " Ego vero de Rege possum dicere non sine fundamento, ipsum esse optime affectum non solum erga Catholicos, verum etiam religionern Catholicam ; nec dubitant viri satis prudentes et orthodoxi, quin sit futurus et ornamento et utilitati Ecclesias Dei. Certe utilitatem brevi experiemur omnes, si in Angliam, auxiliis Summi Pontificis ac cleri, poterit trajicere cum exercitu Catholico Hibernorum, divertet enim Cromuellum, Hollandos aliosque confoederatos hasreticos adeo ut non po- terunt executioni mandare quae macbinantur contra Principes Catholicos Gerinaniae, Suecorumque conatus erunt irriti, dissolvaturque liga ilia haeretica, toti Ecclesiae tarn formidabilis : nec ullum possunt Catholici invenire aptius instrumentum ad hoec omnia praestanda quam Regem Britanniae, qui periculo suo ac subditorum nihil non tentabit pro pace firma stabilienda ac conservanda ; haae enim e re sua est, sicut omnia turbare ac confundere est e rs Cromuelli. " Deus servet vestram Paternitatem diu incolumem ; nullus e consilio Regis, aut mortalium praeter Regem, scit me scripsisse de ista materia ad Paternitatem vestram, neque ulli dicam ; itaque non est cur vereatur aliquid praejudicii aut mall Societati futurum, Sanctissimis Sacrifices Paternitatis vestrae me commendo. Paternitatis vestram indignus servus in Christo, Petrus TALBOTUSj. Colonial, 17 Novembris, 1654." Endorsed : " Hibernia, 17 Nov. 1654. — Colonia. Pater Petrus Talbotus. — Jussu Regis rogat Paternitatem suam ut res Hibernorum et ipsius etiam Regis commendat Pontifici, et miratur Rex quod Romae tantum credatur Abbati cuidam Hiberno ; etmittit libellum supplicem Hibernia?. — 12 Dec." HISTORICAL MANUSCRIPTS COMMISSION. 359 XIII. Archives of Jesuit's ik Letters from Anthony Gteoghegan, 1 Bishop of Meath, Ireland. A.D. 1659, 1660. 1. " Eeverendissime Pater, Onustds maneo obligationibus vestrae Paternitatis et Societatis Jesu ; ubique inveni vestros meos protectores, et benefactores ; humiliter rogo ut meae literae Sanctitatis Suae manibus tradantur vestra media- tione. Ab initio mundi non fuit talis confusio hie in Anglia. Sunt in continua cc-nfusione per tria haec regna. Richardus Crumuel est privatus omni dignitate Protectoriatus ac omni jure hereditario quod ipsi a patre simul et Parliamento collatum fuerat ; hie credunt quod Henricus Crumuel, 2 Hiberniae Prorex, non submittet se Parlamento ob sui fratris depositionem, et sic erit regnum ad versus regnum. Qui modo guber- nant, Flitwith, 3 Lampert, 4 Fairfax 5 et alii volunt gubernare per moclum Status ; sed unum scio quod paucissimi in toto hoc regno sint contenti quaadoquidem nullus habeat securitatem vitae vel bonorum, quia omnia reguntur violentia gladii, non jure legum aut civium. Hue appuli ante octiduum, proponens firmiter ire in Hiberniam ad meum gregem, secun- dum omnem meam possibilitatem, quamvis transitus non fuerit tam diffi- cilis a plurimis annis. Haec sunt quae de facto occurrunt. Rogans ut vestra Reverendissima Paternitas habeat memoriam mei in suis sacrificiis 3 promittens me semper fore amicum fidelissimum totius Societatis Jesu et vestrae Reverendissimae Paternitatis. Interim vivo indivisus ad mandatum 6 .... Vestrae Reverendissimae Paternitatis amicus et servus, Fr. Antonids, Londinii, 20 Maii, 1659. Episcopus Midensis Hibernus." Endorsed : " Reverendissimo Patri Goswino Nickel, Societatis Jesu, Praeposito Generali, Romam." Endorsed : " Hibernia, 20 May, 1659. — Episcopus Midensis." 2. " Reverendissime Pater et Honoratissime Patrone, Sine memoria vestra? Paternitatis Reverendissimae non celebro, neque hoc mirum est quandoquidem obligationibus vestrae Societatis et vestrae Reverendissimae Paternitatis onustus sum. Quoad nova, omnia meliora speramus propter adventum Regis nostri, qui est consolator nostrae nationis, uti omnes existimant, et de f uturo erit fautor et restitutor bonorum. Vivo in cavernis quasi adhuc, sicuti et benefactor in quibus possem vestris Patribus et ad hoc teneor multis titulis et modis. Peto ut dignetur vestra Reverendissima Paternitas me commendare Summo Pontifici. Hie in quantum possum facio omnia quae sunt meae 1 See Appendix V. Notices of this Bishop will be found in Contemporary History of Affairs in Ireland, 1641-52." Dublin : 1879. 2 Henry Cromwell, Lord Lieutenant of Ireland. 3 Charles Fleetwood. 4 John Lambert. 5 Thomas, Lord Fairfax. 6 Ms. torn. 360 HISTORICAL MANUSCRIPTS COMMISSION. ^esuits S in F obligation is, sicut plurimi sciunt. Omnia fiant ad gloriam Dei, uti Ireland. orabit Vester fidelissimus servus, Fr. Ant[onius], Episcopus Midensis in Hibernia. Ex loco nostri refugii in Hibernia, 26 Aug., 1660." Endorsed : " Hib[ernia], 26 Aug. 1660.— Episcopus Midensis." XIV. Letters of Oliver Plunket, Roman Catholic Archbishop of Armagh, AJ). 1672, 1673. 1. " Reverendissimo Signore, mio Padrone osservandissimo, II Siguore Creveo, Agente de Prelati di questo regno in cotesta eorfe, mi scrive, quanto e obligato a vuestra Paternita Reverendissiraa per la sua gentilezza, benign ita e patrocinio preso di lui, il che e gran sollievo al detto Signore Creveo, sapendo tutti quanto gran padrone e benefattore ella e, come io so e seppi per lunga esperienza a Roma, come ancora tutti i miei paesani, li quali ricorrevano a vuestra Paternita Reverendissima, del che ne fanno tutti in questo regno ampla e larga testimonianza e fede ; e gia che non pcssono in altra maniera corres- poncler o mostrare la gratitudine che in amore, e fare bene a suoi figli della Compagnia di questo regno, l'assicuro che in cid non sono negli- genti, pigri o freddi ; e li Padri per il gran bene che fanno, meritano d'esser amati, lodati e carezzati. Io ne ho tre Padri nella dioscese Armacana, li quali, per virtu, dottrina, e fattighe, sono bastanti d'arrichire un regno. II fundatore della residenza Armacana e il Padre Stefano, Rice, 1 huomo dotto, efficace nel predicare, prudente nell operare, e di profunda virtu religiosa ; ne si stanca mai nel insegnare, instruire et assister alia gioventu et i preti giovani de quali e essami- natore e direttore. O quanto pati questi due anni e 4 mesi passati nel fondare la detta residenza ! Sudavit et alsit ; Ed e tanto modesto, tanto riser vato, che pare che hieri fosse uscito dal novitiato di St. Andrea. Hebbe Peducatione in Fiandra, e prese veramente il spirito della Com- pagnia e lo conserva; e figlio degno di tanto padre quanto e St. Ignatio. Questo 3 J adre Rice in somma e un altro Padre Yonge. 2 " II secondo e il Padre Ignatio Broune, 3 predicatore insigne nella lingua Inglese, e huomo dotto, e di costumi essemplari. Fu allevato nelle Spagne, e predica ogni festa, con gran applauso nella capella parochiale. u II terzo [e] il Padre Murphi ; buon teologo, buon religioso ; e predica pure bene nella lingua Ibernese, ed e giovane di gran iogegno. 44 Vi e un fratello chiamato Nicolo, e pare che sia fratello carnale de fratello Georgio di santa memoria. Nella scuole sono da 150 giovani, per la maggior parte figli di cavaglieri e gentilhuomini Cattolici ; e 1 Stephen Rice, Jesuit, born at Dingle, Kerry, in 1625, died at Dublin in 1699. 2 John Yong, or Young, Jesuit, born at Cashel, in 1589, died in 1664 at Rome, where a port rait of him was engraved with the following inscription : " P. Joannes Yongus, Hibernus, Societat. Jesu. Ob., Ronue, 13 Julii, 1664. JFAat. 75." 3 Ignatius Browne, Jesuit, born at Waterford in 1630, founded a college at Poictiers, and died at Valkdolid in 1679. HISTORICAL MANUSCRIPTS COMMISSION. 361 sono ancora da 40 figlioli di cavaglieri e gentilhuomini Protestanti ; Archives'©* ella puo imaginare, che cordoglio e ai ludimagistri e ministri Protes- J iR?JI?r5 !r tanti, veder li figlioli Protestanti venire alle scuole della Corapagnia. — Nella citta della mia diocese dove e la residenza, sono residenze de Dominicani, de Franciscani, delli Agostiniani, e de Capuccini, e la citta si chiama Drogheda o Dreat, nelle nostre lingue, Inglese, et Ibernese, nella Latina, Pontana, tanto distante da Dublinio quanto e Tivoli da Roma, e porto maritimo, situato sul nobile fiume Boine o Boina ; e dal gran ponte che vi e la citta si chiama Pontana. £ abon- dante di grani, di carni d'ogni sorte, e di pesci : la campagna attorno e habita[ta] per la maggior da cavalieri e gentilhuomini ortodossi, e nella citta sono mercanti ricchi ed arteggiani ben stanti. Quando io introdussi alia mia diocesi li Padri, e le Scuole cominciarono a fiorire, Monsignore Talbotto 1 riprendeva l'impresa come temeraria, imprudente e precipitosa e vana gloriosa, e che sarebbe di curta vita, e specialmente in una citta si conspicua. Ma egli non sapeva il tutto. II Vicere, my Lord Berkley, 8 era mio amicissimo, e mi stimava piu che non meritavo ; et in verbo ipsius laxavi rete, e fondai la residenza ; e il presente Vicere, il Conte d'Essex, 3 huome savio, prudente e moderate Non e niente inferiore al predecessore nelP amorevolezza verso di me, e percid le scuole, come vissero questi due anni e 4 mesi, cosi speriamo che Iddio per 1' intercession e di St. Ignatio le dara una piu lunga vita. Ut ut sit, quando il vento e favorabile, bisogna alsar le vela e navigare; quando e contrario o tempestoso, le bassaremo e ci ritiraremo e qualche porticello sotto qualche montagno o rupe. " Saluto caramente li Reverendissimi Padri Noel e Cattaneo, Secretario di vestra Paternita Reverendissima, come ancora li Padri Morelli e Cortege. Vi e nella Propaganda un giovane chiamato Grulielmo Plun- kett, nipote del Conte di Fingallia, 4 del Cavagliere Nicolo Plunkett, 5 e del Vescovo Midense. 6 Lo raccomando a vuestra Paternita Reverendis- sima ; e mio parente. " Padre Reverendissimo e carissimo, la carta finisce e manca, ma Io non finiro ne manchero mai d'esser di vuestra Paternita Reverendissima, Servitore affettissimo e obligatissimo, Oliviero Armacano, Dublinia, li 22 di 9bre, 1672. Primate D'Ibernia. * Al Reverendissimo Padre Oliva, Generale della Compagnia di Giesu, mio Padrone Osservandissimo, Roma. 7 " Endorsed Rex optime, ut et earn benigne suscipias, tanquam testem fidum amoris mei in personam tuam, observantiae meae in Majestatem tuam, desiderii mei de posteritate tua in perpetuum stabilienda in ista Monarchia, 2 Among the chapter-headings in Lombard's " Commentarius de regno Hiberniae," as printed in 1632, are the following which nearly correspond with two of those above given : " De succedentium Hibernorum per aliquot ssecula cum domi turn foris sanctitate et eruditione," p. 171. — " De translatione dominii Hiberniae in reges Angliae, quibusque facta conditionibus," p. 241. 368 HISTORICAL MANUSCRIPTS COMMISSION. A Jesuit^ S in F ( J uam Deus Optimus Maximus primum omnium in te ipso adunivit. Ireland. Qui quod Rex sapiens proloquitor ; Justitia firmatur solium ; sic nosti verum esse, ut sine vera religione, non possit esse sive in Rege, sive in populo, justitia, qua3 salutem stabilem operatur." 2. Extracts from Regulations of College of Irish Jesuits at Salamanca [A.D. 1604.] " 1. Collegii Hibernorum Salmantini Constitutions. " Omnis reipub : status, et alias hominum societates, et Collegia, turn demum recte gubernantur cum pacis et concordiae vinculis inter se con- tinentur, quod cum sine lege fieri non posse certum sit, ut nostrum hoc Hibernorum Collegium recte dirigi, et administrari j^ossit, leges aliquas prasscribendas duximus, quibus alumni instructi, velut unius moris in domo, mutua charitate conjuncti unam eandemque disciplinam addiscant, et ad optatum finem perveniant. " De admittendis. Caput l um , " L Quicunque ergo in hoc Collegium admittendi erunt, Hiberni sint, parentibus nullius infamis notae, et legitimo matrimonio geniti. 2. Sint integro et sano corpore, ac bonas indoles pras se ferant, sint quoque necesse est firmae valetudinis, ut studiorum labores, tolerare possint, illisque dotibus praediti sint ut sperentur suo tempore ad munus illud cui destinantur, recte obeundum idonei futuri. 3. Sint aetatis non tenerae sed maturas, et in humanioribus Uteris ita versati, ut ad Logicam saltern addiscendam inveniantur idonei. 4. Habeant testimonium aliquod honestas anteactae vitas, et bonae famae. 5. Intelligant omnes Collegii hujus finem esse, ut alantur in eo, et instruantur il tantum, qui spiritualibus Hibernian necessitatibus, pro talento a Deo accepto* poterunt opitulari." " 10. Qui in numerum alumnorum admittuntur in Collegium post ali- quot menses ab ingressu, quando Superiori videbitur, habito de ejus vita et moribus experimento, jurejurando polliceantur se paratos esse vitam ecclesiasticam agere, et quandocumque eis injunctum fuerit, in Hibernam ad juvandas animas proficisci, et suo quisque chyrographo fidem astringet ad promissa servanda." < ; Circa Studia. Caput 2 um . " 1. Quod ad studiorum rationera, et literarias exercitationes pertinet nemo suum sensum aut voluntatem sequatur, sed potius Superioris judicio et gubernationi sese subjudiciat. 2. Tempus studiorum illis a Superioribus diffmiendum erit, pro cuj usque ingenio, et aptitudine. fere, tamen, nisi quid impediat, conce- dentur ad Philosophiam tres anni, et quatuor ad Theologiam. Qui vero ob adversam valetudinem vel provectiorem aetatem, aliisque de causis, ad ista scholastica studia superiorum judicio non videbuntur idonei, his concedentur tres anni ad Logicae institutiones et ad Casus Conscientiae, et Controversias addiscendas. HISTOKICAL MANUSCRIPTS COMMISSION. 369 3. Nemo libros habeat qui non a Superiore probentur prius, et non Archives of censeantur utiles literis vel pietati comparandi. ^Sbland? 4. Omncs dent operam ut literariis exercitationibus intersint, et — fructum ilium consequantur, quo et sibiipsis et aliis prodesse possint. 5. Nemo a scholis, repetitionibus, et disputationibus etiam domesticis, aberit sine necessitate, et Superioris licentia. 6. Certis diei horis, ut Superiori videbitur, studiis privatis vacabuut, et horarum omnium distributionem pro Collegii consuetudine diligenter observabunt. 7. Theses, aut publicas, aut privatas, non nisi Superior um judicio et consilio defendendas proponent. Formula jurisjurandi Alumnorum Hibernorum hujus D. Patritii Sal- man tini Collegii quod cum in Collegarum numerum ascribuntur conci- pere debent : " * Ego, N. 9 Collegii Hibernorum Salmantini Alumnus, considerans Omnipotentis Dei singularia in me beneficia, et illud in primis quod e patria ab haereticis infestata me dignatus sit educere Catholicae sua3 Ecclesias numero associando, cupiensque tantae misericordiaa pro modulo meo satisfacere, statuo proponoque me totum ejus obsequio mancipare, hujus Collegii finem quam maxime potero exequendo ejusdem Collegii instituta, ritus, et regulas observando ; sed et bonum ejus prout in me fuerit promovendo ; juroque Omnipotent! Deo coram sacratissima Deipara Virgine Maria, nostro tutelari patrono Patritio, et Curia coelesti uni versa, me animo dehinc paratum fore ad sacros Sacerdotii ordines suscipiendos, et in Hiberniam postea (divino favente spiritu) ad proxi- morum animas lucrandas reversurum quando Superiori hujus Collegii pro nostri instituti ratione utrumque mihi visum fuerit precipere in Domino. Salmanticaa : Anno Salutis nostras , mense , die vero . N.' " "ii. Constitutiones Seminarii Hibernorum Salmantic^:. " Proemium. *' Cum nullum sit hominum genus, eorum qui in communi aliorum societate degunt, communemque ducunt vitam, quod suis legibus et constitutionibus instructum non sit, progrediaturque ad eum, quern sibi praescripserit, finem, visum est, et huic Hibernorum seminario, quod est Salmantica?, statuta qua?dam prasfigere, et tamquam leges condere, quibus unius moris effecti illius alumni facilius ad praescriptam sibi metam, et constitutum finem Divinae sanctae glorias, et salutis proprias ac proximorum perveniant. Intelligant tamen his ad nullum, neque mortale neque veniale peccatum obligari, idque non ut facilius violentur nullo timore inflicto, magis autem ut observentur proposito suaviter bono. " Caput Primum. — Quje requirantur in iis qui in Seminarium sint admittendi : " 1. Nemo in Seminarium admitti potest qui non sit Hibernus ex utroque parente, et ex legit imo matrimouio natus. 2. Quicunque admittendus est, sit aetate nec 18 annis minor, nec 25 major. In hoc tamen justis de causis poterit dispensari. 3. Sit integro ac sano corpore, bonae indolis, et virtutis studio deditus, sitque bonae valetudinis ad studiorum labores facile ferendos. Linguae expeditions : denique is fore ut Christianis moribus disciplina atque Catholica doctrina convenienter instructus, multos Christo lucrifacere in Hibernia possit. U '84068. A A 370 HISTORICAL MANUSCRIPTS COMMISSION. archives or 4. Nemo item admittatur, qui religiosus aliquando fuerit. tlabeat J Irelan™ tamen unusquisque alicujus praecipui, et insignis viri etsi fieri potest — ecclesiastic® personae testimonium ac fidem bene act® vitae, bonae famae quodque parentes ejus non sunt infames, nec haeretici, aut infimae con- ditions, quique non se in sordibis ac vilibus ministeriis exereuerint. et quos non ita premat inopia ut sine ejus ope vivere nequeant. 5. Non sit praeterea aere alieno gravatus, nec sponsaliorum aut matrimonii vinculo obstrictus, nec etiam aliqua censura vel irregularitate ligatus. Habeat firmum propositum institutum hujus Seminarii amplectendi, et servandi in eo communes regulas, in super et per- se verandi in clericatu. 6. Velit etiam post examen de more jurejurando se ad ea omnia obligare, ad quae se et ceteri Seminarii alumni eodem jurejurando obligarint. Praeterea boni consulat, si antequam in numerum alum- norum admittatur per quatuor, aut plures menses, judicio de Superiorum de ipsius vita, moribus, et aptitudine periculum fiat, et si minus idoneus ad Seminarii institutum repertus fuerit, quiete dimittatur." " Cap. 2. — De Ratione tenenda in admittendis in numerum alumnorum. " 1. Post duos aut tres dies hospitii per aliquos ad hoc deputatos fiat de ejus ingenio, probitate, ac litteris experimentum. Quo facto, Rector, et consultores decernent an sit admittendus, et quibus studiis applicandus. 2. Postea a ceterorum commercio sejunctus per octo vel decern dies spiritualia exercitia faciat et generalem totius vitae confessionem, consti- tutiones seminarii perlegat, videatque an iis servandis divina opitulante gratia accommodare se possit, ac velit, et tandem per quatuor aut plures menses in probatione detineatur, et pecuniam, si quam habet, apud procuratorem deponat. 3. Deinde professionem fidei juxta formam a felicis recordationis Pii IV. traditam emittat. Promittat etiam sub juramento per schedulam propria manu scriptam quod quamdiu in Collegio victurus sit nihil aget, aut molietur, directe nec indirecte contra bonum hujus Seminarii, iliius pacem et disciplinam, quodque ex tunc vita ecclesiastica amplectitur, et quandocunque ei per Superiorem Seminarii injunctum fuerit, in Hiberniam 1 ad ju van das animas proficiscetur, quae schedula et jura- mentum in libro ad hoc parato, et ubi nomen, cognomen, patria, ac parentes cuj usque alumni describuntur, asservetur. 4. His peractis, sacratissinum Christi corpus sumat, et postea clericali habitu indutum eum Superior amplectatur, quod reliqui alumni omnes facient, et in alumnorum numerum admittatur." " Cap. 5. — De rations studiorum hujus Seminarii. u 1. Nemo circa studia capessenda et exercitationes in illis proprium sensum et voluntatem sequatur, sed Superioris judicio penitus se guber- nari permittat, iliius enim curae erit ea studia cuique praescribere, quibus potissimum operam dare conveniet ; et ideo eos tantum quisque libros habebit, qui fuerint a Superiore approbatos. 1 Under the heading : " De pietate et virtutuin exercitiis " was the following injunction :— " Quotidie omnes privatim orabunt pro Hibernia, et pro conservatione ac profectu hujus Seminarii, et maxime pro alumnis in Hiberniam missis." HISTORICAL MANUSCRIPTS COMMISSION. 371 2. Assignatas sibi lectiones, et magistros adibunt ; nec a scholis, repe- archives oi titionibus, aut disputationibus, ullus sine Superioris facultate aberit, et J N omnes saltern ejusdeni facultatis, ad scholas simul exibunt et ad Semi- reland. narium revertentur. 3. Ex litterariis exercitationibus fructum ilium consequi curare omni diligentia debent, qua? sibi et aliis ad Dei gloriam plurimum prodesse possint. 4. Caveant ne in disputationibus sint iracundi, mordaces, aut perti- naces, sed mansueti, mites, Praefectis et repetitoribus obedientes, para- tique sint studiorum rationem reddere, quoties ab eis postulatum fuerit ubique autem Latine loquantur, nisi recreationis tempore, et prout Superiori visum fuerit. 5. In libris, quos acceperint, non scribant, nec ullam ducant lineam, neque mutuo illos alicui, seu domestico seu externo concedant, et quis- quis librorum quos habet catalogum habeat, ut cum ab eis repetentur, rationem reddere possint, nec librum aliquem ex communi Bibliotheca accipient absque expressa Superioris facultate. 6. Nemo dum in Seminario vivit, libros peculiares sibi comparet, nisi ex Superioris licentia ; quoscunque autem habuerit discedens, secum non auferat, sed communibus Seminarii usibus relinquat, nisi aliud Superiori [oblit.] videretur. 7. Certis diei horis, prout Superiori videbitur, studiis vacabunt, ac horarum omnium distributionem juxta Seminarii consuetudinem dili- genter observabunt. 8. Theses publicas aut privatas, Superioris judicio et consilio, dum in Seminario viveret, defendent, juxta academiae consuetudinem. 9. MusicaB et Graecis litteris, theologi vero Hebrseicis, quotidie aliquid temporis insumere debebunt, et maxime diebus illis, quibus a studiis vacant, pro Superioris arbitrio." " Cap 6. — De causis dimittendi aliquem ex Seminario. " Causas quibus dimitti ex Seminario poterint, erunt infrascriptae : 1. Si facinorosum aliquod grave, aut publicum delictum commiserit. 2. Si voluerit suo, et non pro Superioris arbitrio, studiis sese applicare, ac vacare. 3. Si contentiosi, aut inobedientes usquam evaserint, ut correctio desperetur. 4. Si judicio minus sano, vel frenetico laborant, aut infirmitate incurabili. 5. Si nullus profectus in litteris aut in virtu tibus appareat, ita ut nulla spes sit venturi ministerii alicujus fructus in vinea Domini. 6. Si, in examine sub ingressu in Seminario facto, mentitos fuisse in re aliqua gravi postea comperiretur." 3. Fabricated Bull, A.D. 1605. u Vera copia. " Br the assurance of the assurances and Grod's Vicar Generall of the Catholick fayth upon earth unto all our faythfull Catholicks in Ireland, peace from Our Lord Jesus Christ. " Deare children, greeting unto you from Our Lord Jesu Christ, desyring of him that you may remayne stedfast untill his comminge which wilbe shortlie for his elects sake. Whereas we are in cur A a 2 372 HISTORICAL MANUSCRIPTS COMMISSION. Aiiciiivesof fatherly affection (tendering the salvation of your soules health) and VSlan™ pittying your miserable estate and bondage under the tyrannicall yoke — of heretikes. Uppon the first of November last, there came before us in our consistory the proclamation made out against the Catholicks by that tyrannicall Apostata, usurper of the supremacie of Apostolick dignitie, which hath indured many hundred yeares obedient unto our Sea of Rome, and nowe is surprised by schismatiks. But let not any man mervaylle of the manytbuld downefalles into synne, or think it a thing scrupulous ; for the way unto salvation is strict, for this is that strictnes of the gate that leadeth unto blisse ; this is the combat e betweene the world and Christ never agreeing in one : this is that unspotted lawe of God, which notwithstanding converteth soules, and maketh them for to despise the lusts and delightes of the fleash, and also the extreame usadg of the world, only cleave unto Christ; and that which is most happie thynck to remayne with him in his tribu- lations, in the least iott not swearving from his holy will. Mervaylle not, though hereticks dissemble among Catholicks, though they shew no dissention bat make all demonstration of fayned piety contrary to their owne consciences : for they receave our sacraments, professe our doc- trine, and seeme for to detest all heresie; yet they want true religion and all constant profession of that they seeme for truth. Thearfore, deare children, I admonish you of a remedy which may deliver you from their precisnes : be at utter defiance with schisme and heresye, and let all the world knowe that in the last dangerous poynt you will take the surest part ; and thearfore no way shrynk from your dutye towards God, then shall you certainly avoyde their divers snares. This of conscience assure yourselves that as you cannot too soone flee from places of suspected pestilence, so cannot you be too curious of shunning whatsoever hath but the least jott of savour of schisme or heresie. And, least you may for want of right persuasion of your dutye do amisse, compare allwayes the course of their going to their church, and the receaving of their sacraments or com- munion, as doing sacrifice or being present at sacrifice unto idolls and what you may do or say, you have done, the other, it is what you may dissemble for to do in the one or in the other, it is nothing : for I will shew you hereafter that allthough they be digrest from among them, yet there is synne committed in them all alyke. Sainct Augustin expoundeth the woordes of our Saviour concerning the difficulty of remission when a man synneth against the Holy Ghost; very learnedly he discourseth of the synne of schisme, which he afferrneth for to be the synne against the Holy Ghost, for that the schismatick uniting himselfe unto their congregations, or rather, as this Sainct sayeth, unto their segregations, and so deviding the spirittof God, cannot have the same spiritt by which remission of synnes is given ; for that martyrdome itself cannot avayle them : notwithstanding these which synne being in the church do only synne against the sonne of man ; and not deviding the unity of the spiritt may have remission. All this he confirmed by the authority of Sainct Jude, who sayeth that nchismaticks not houlding the head, have no spiritt, nor life in them. Thearfore, dearly beloved, this shall suffice at this tyme, not doubting of your earnest stedfastness as you have done unto this tyme ; assuring you that we will send you ayde and greate strenght that shall assist you against all your persecutours, and that against the next harvest (to witt, Romanics, Germaines, and Spaniardes, with shippes and greate armies) that shalbe able for to resist all your tyrannicall governours, for so we have concluded it. And, furthermore, in that we tender your greate HISTORICAL MANUSCRIPTS COMMISSION. 373 zeale unto the Catholick fayth, we doe by our authority from God fully ^fuiT^nf and wholy absolve and remitt unto you and every of you all your synnes Ireland." from your byrth untill the tenth of June next ensuing. And, thear- fore, this is our fatherly will that all our Bishopps, Jesuits, and Preists, and all others our Catholick pastours, shall publish this exhortative and remission of synnes unto all our faythfull Catholics within our kyng- dome of Treland. Imbulled at Rome, the 7th of December [1605]." " Suprascripta est vera copia cujusdam bulla? (sic nominate) quae cir- cumfertur a Judicious et Ministris in Hibernia; occasione cujus intole- rabiiem patiuntur Catholici in Hibernia persecutionem. Quam autem bene quadret ipsius ordo cum stylo et ordine Apostolico oculatus quisque deprehendet. Interea, causam nostram et Ecclesiae Sanctae sua3 judicet Altissimus. Verius tantum admonitum cupio, eiiin cui committetur cura transfcrendi supradicta in Latinam aut Italicam linguam, in aliquibus locis deesse sensum ; nolui enim quicquam immutare aut emendare, sed prout authoribus prodiit, circumferturque ab inimicis Ecclesiae Christi, describere. Sollicite inquisivi de ipsis originalibus, et an essent conscriptse lingua Latina ; sed nec datur ratio, neque responsio. 1 Dum scriptito ab adversariis peto, ubi nomen Vicarii Christi, ubi bene- dictio Apostolica, quae pra3mitti solent ? Quod novum exordii genus? Ubi phrasis termini, methodus, connectio, et mellifluus ille verborum fluxus ore simul et calamo Apostolico digna ? Quo loco descriptas sint Romas ? Apud S. Petruin, S. Marcum, aut alibi ? Ubi annus Domini, aut Pontificatus Sanctissimi ? Ubi subscriptio alicujus Secretarii aut Notarii Apostolici ? Ubi annulus Piscatoris, aliudve sigilli genus, quo fides detur ? Quis nuncius per quern missa3 sunt tales literso, — ordinariusne an extraordinarius ? Et cum noverit Romanus Pontifex aliquos hie esse Praslatos Catholicos ad quos transmitti possent tales literae, veresimilene sit negociuni tanti ponderis sic per aera et in incertum transmitti ? Fieri ni etiam potuit ut publicatum hie edictum die 26 :i Octobris in Urbem pervenerit 1° Novembris immediate sequenti ? Et posito quod eo tunc pervenerit, quis credet diem festum Sanctorum Omnium quo tanta et tarn coelestis servatur ab ipso Pontifice solemnitas, in alium diem transferendum, et Consistorio deputandum ? Ita quidem fieri posset si Pontifex vellet, sed ut tarn insolita fieret mutatio, non ita premebat negocium quin in sequentem diem difFerri posset. Et quo- niam mendacia, quae inseruntur, unacum blasphemia et seditione in figmento illo contentis, non Christi Yicarium sed aliquem e catulis Calvini deceant, ideo omnibus veritatem quantum possumus notam facimus. Interea, quo insipientia istorum nota fiat omnibus hominibus, humiliter Sanctissimi Domini Nostri judicium peto, a cujus ore et nutu totus dependeo. Jacobus Vitus, 3 Vicarius Apostolicus." 4. Statements on Affairs in Ireland, A.D. 1615, 1617. " Informatio ex Hibernia ad Archiepiscopum Armacanum Primatem regni transmissa Eomam, de statu in quo Eugenius, 3 Archiepiscopus Dubliniensis, ibi versatur cum periculo suo, et ejus occasione etiam aliorum. " Ex literis in Hibernia scriptis anno Domini 1615, die 10 Maii : 1 In margin : — " Respondet calumniis et convitiis." 2 James White, Vicar- Apostolic of Waterford and Lismore. 3 Eugeue Matthews or MacMahon, Roman Catholic Archbishop of DubliD, 16U — 1622-3. 374 HISTORICAL MANUSCRIPTS COMMISSION. Archives of " Multum liic invigilatur in Eugenium Dubliniensem, et de illo Prorex 1 "Iceland* I'egni deputatus narravit cuidam Baroni Catholico, ex cujus ore ego — ' accepi, quod est nominatim et personaliter odiosus Regi, eaque de causa tarn ipse Prorex quam regui Caneellarius 2 sunt solliciti ad ipsum reperien- dum, adeo ut existimem quod necesse habebit recedere ex regione. Tenet se valde privatim, et abstinet ab ordinando, eonfirmando, et aliis func- tionibus, per quas venire possit in notitiani. Vir bonus habet zelum, et magnum desiderium ad perfungendum onus, et ad dirigendum gregeni suuni, sed multum in ilium collineatur ab eis qui Statui publico praesunt, ex suspicionibus et praesumptionibus ratione familia3 ex qua descendit, et loci in quo natus, et consortio in quo versatus, et tanqnam non aliud quam precursor esset adhibitus, propter alias quasdam molitiones designatas, quod ab ipso tamen nullo modo intentum esse, me securum reddo, tametsi illi qui prassunt, ita sint diffidentes, ut hoc nolint credere. " Pro qua informatione intelligenda poterit adnotari quod familia ex qua descendit, id est, parentes ejus propinqui militarunt cum Comite Tyronise 3 contra Coronara regni, et quod locus in quo natus sit provincia Hultonise, 4 in qua saspe solitum arma contra Coronam sumi, et quod consortium cum quo hie Romae conversatus fuerit ejusdem Comitis TyroniaB, et aliorum qui cum ipso ex Hibernia fugerunt. Cum quibus si pariter innotesceret, quod idem Eugenius promotus fuerit ad dictum Archiepiscopatum per solicitationem importunam ejusdem Comitis apud Paulum, Papain V., idque contra quam idem Papa judicabat simpliciter expedire ; et contra consensum et consilium Archiepiscopi Armacani, 5 totius Hibernian Metropolitani et Primatis, tunc augerentur suspiciones, pra3Sumptiones, et pericula, tarn contra dictum Eugenium Archiepis- copum, quam contra omnes alios cum quibus in Hibernia familiarius ageret. " Ex Uteris in Hibernia scriptis anno Domini 1617, die 17 Julii : 66 Intentissima hie expectatio, et investigatio ad reperiendum Eugenium Dubliniensem facit complures timere ne[oblit.] contingat errare in personis, et qui non quasruntur, pro illo forte apprehendantur, in quern intentio adeo collineat. Quomodo accidit Dublinii in postremo termino Paschali, ubi Caneellarius 6 ipse regni cum alio quodam e supremo Con- cilio, Domino Adamo Loftio, 7 et Magister, uti vocatur, Curia3 Prasrogativa- rum, Doctor Rivius, 8 et pariter cum illis pragcipui nobiles familiaa Pro- regis ex relatione ipsis facta per quendam exploratorem non sufficieuter intbrmatum, ibant personaliter bene associati ad quasrendum dictum Eugenium in diversis asdibus, collocatis primum excubitoribus in quibus- dam plateis et deviis angulis, ne ille forte evaderet, et in hac inquisitione tam fuerunt ardentes, quod non pepercerunt irruere in cubile cujusdam Illustrissimaa Comitissa3 Catholicae ex prascipua nobilitate turn Hibernia turn An«rlia3, tametsi ejusmodi irruptio esset contra libertatem et pri- vilegium^ quo in Hibernia gaudent tales honorata3 personam. Quaj 1 Sir Arthur Chichester, Lord Deputy of Ireland. In a letter of 18 March, 1615, to Secretary Winwood, at Loudon, stated that the " titulary Archbishop " (Matthews) was often in Dublin, but that he could not " get him nor any draught upon hiru," though he had " offered largely for it." — Calendar of State Papers, Ireland, 1615- 25. London: 1880. 2 , 6 Thomas , I ones, Archbishop of Dublin, Chancellor, Ireland. a Hugh O'Neill, Earl of Tirone. 4 Ultonia, Ulster. 6 Peter Lombard. 7 Adam Loftus. 8 Thomas Ryves. HISTORICAL MANUSCRIPTS COMMISSION. 375 proinde Comitissa tunc e lecto vix levata, valde terrebatur et oftende- Archives ofc batur tara subitanea et armata visitatione. Verum Dominus Eugenius, J f^S^^ Archiepiscopus, prout Deus voluit, erat extra potestatem sic ipsum — inquirendum, atque in ista inquisitione plures alii sunt apprehensi et commissi carceri, tain ecclesiastici quain alii ; uuus regularis et alius presbyter saecularis nomine Guilielmus Donatus, qui licet in lecto decumberet aegrotus, tamen quia putabatur esse Capellanus dicti Archi- episcopi, coactus fuit se levare et alios comitare ad carcerem, ubi adhuc detinetur. Confrater vester, Archiepiscopus Casselensis 1 et alius hie vester delegatus, in suspicionem aliquam venerunt, quod essent conscii proditariarum molitionum ejusdem Eugenii, quippe quern ipsa non Archiepiscopum seu Episcopum, sed Architraditorem nominant, et sub eo nomine quaerunt et investigant. Verumtamen quoad opinionem et notitiam meam de illo, nunquam potui aliquid tale in ipso observare, sed potius contrarium reperi, quod nunquam inter nos aliquid tale intenderit, et quod semper exhortabatur clerum suaB Provincias ne se intermitterent in ullis negotiis politici Status, sed hoc non potuit persuaderi illis qui praesunt politico statui, imo censent quod negotiatus sit in ejusmodi rebus tarn foris quam domi. Deus custodiat innocentes, et servet eos qui sunt sincerae intentionis. u Atque alia ejusmodi de eodem sunt transcripta in aliis litteris. Endorsed : " De statu Hybernias causa Archiepiscopi Dubliniensis Eugenii, etc., 1615-[1617]." 5, Declaration by Irish Roman Catholic Prelates, A.D. 1648. " Exemplar Declarationts fact^e Kilkenny contra Cessationem. 4 Per Archiepiscopos et Episcopos regni Hiberniae congregatos coram Illustrissimo ac Reverendissimo Domino Joanne Baptista Rinuccino, Archiepiscopo et Principe Firmano, ac in eodem regno Nuntio Extraor- dinario. ' Nos, videntes ab Illustrissimis Dominis Supremi Consilii tractari de armorum Cessatione cum Domino Barone de Inchiquin concludenda, existimavimus officii nostri esse et curaa quam de religionis Catholics) incremento et animarum nobis commissarum promovendi ac conservandi habere debemus, ut illius Cessationis momenta attente [pond]ereremus et studiose consideraremus. Discussis igitur enucleate rerum et temporum praasentium circumstantiis et casibus omnibus ad id per- tinentibus, invenimus praadictam Cessationem omnino teudere ad ruinam Catholicse religionis cultorumque ejus in hoc reguo ; ac propterea conscientia moti eamdem Cessationem periculosam plane et iniquam esse declaramus ac nulli tutum esse earn amplecti. In quorum omnium ac singulorum fidem ac robur, declarationem hanc describi fecimus, et descriptae subscripsimus. Datum Kilkennia3, die 27 Aprilis, 1648. H. Armachanus. 2 — Thomas Dubliniensis. 3 — Joannes Tuamensis Electus. 4 — Thomas Cashellensis. 5 — 6 Patricius Waterford et 1 David Kearney, Archbishop of Cashel. 2 Hugh O'Reilly, Archbishop of Armagh. 3 Thomas Fleming, Archbishop of Dublin. 4 See Appendix X, p. 355. r> See Appendix VI, p. 352. 6 Patrick Comerford. 376 HISTOEICAL MANUSCRIPTS COMMISSION. A Jesuits S in F Lismor. — Emerus Clogherensis. 1 — Franciscus Aladensis. 2 — IrelInj>. N Edmundus Limericensis. 3 — Antonius Clunmagnoeusis. 4 — — ' Boetius Rossensis. 5 — Ter. Iraolacensis. 6 — Robertus Corka- giensis et Clonensis. 7 — Andreas Finiborensis. 8 — Andreas [Arthurus] Dunensis et Conorensis. 9 ' " Exemplar delegationis non possum nunc reperire, sed illudest datum Kilkenniae, 4 Maii, 1648, quo deleguntur a 14 superioribus Episcopis Illustrissimus Nuntius, Archiepiscopus Dubliniensis, Episcopus Clog- berensis, Episcopus Aladensis, et Episcopus Limericensis, ut rei Catholicse provideant et speciatim ut tueatur Declarationem supra- scriptam etiam censuris Ecclesiasticis, si opus sit, et datur facultas Domino Nuntio unum aut plures subdelegandi in locum alicujus absentis," 6. List of Irish Roman Catholic Prelates 10 [Circa A.D. 1051-9]. " Dispersiones Episcoporum Hibernia3 per Europam : — Archiepiscopus Tuamensis. — In Gallia. Episcopus Aladensis. — In Gallia, Episcopus Dromorensis. — In Gallia. Episcopus Corcagensis. — In Gallia. Episcopus Archadensis. 11 — In Gallia. Episcopus Finoborensis. — In Gallia. Episcopus Fernensis. 12 — In Gallia. Episcopus Laeneinensis. 13 — In Hispania. Episcopus Kilmorensis. 14 — In Hibernia. Episcopus Clunfertensis. 15 — In Germania, Episcopus Duacensis. 16 — Londini, in Anglia. Episcopus Clunmacnosensis. 17 — In Alma Urbe." 7. Address to Pope, Cardinals, and Catholic Church by exiled Irish [Circa A.D. 1654]. " Sanctissimo Patri Innocentio X., Eminentissimis Cardinalibus, Prse- latis omnibus, ac clero Catholico universo, Hiberni pro fide exulantcs humillime supplicant : " Gens universa Hibernica, quag a tot retro saaculis fidem Catholicam, et inconcussum erga Apostolicam Sedem affectum constantissime ser- vavit, nunc extremis miseriis oppressa, et brevi (ni mature subveniatur) penitus peritura, rogat te, Sanctissime Pater, et vos, Ecclesiae Catholicaj 1 Emer MacMabon, Bishop of Clogher. 2, 3, 8 See Appendix X, p. 355. 4 , 17 Antony Geoghegan, Bishop of Clonmacnoise, translated to see of Meath, A.D. 1657. See Appendix XIII, p. 359. 5 Boetius Mac Egan, Bishop of Boss. 6 Terence Albert O'Brien, Bishop of Emly. 7 Robert Barry, Bisbop of Cork and Cloyne. 9 Arthur Magennis, Bishop of Down and Connor. For observations on the above document see "Contemporary Hist, of Affairs in Ireland," 1641-52, Dublin : 1879, vol. i., p. 216. 10 See Appendices X., XI, pp. 355-6. 11 Ardagh. 12 Ferns. 13 Killaloe. 14 Kilmore. 15 Clonfert. 16 Kilmacduagh. HISTORICAL MANUSCRIPTS COMMISSION. 377 Proceres, ut attendere dignemini, quo loco sint res suae Christians et Archives publicae. Speramus solam ac nudam calamitatum nostrarum narrationem Ireland suffecturam, ad movenda caritatis ac misericordiae vestra3 viscera, ut filiis vestris opem in suprema necessitate inclamantibus, auxiliatrices manus porrigatis. " Anni sunt centum et amplius, cum haeresis miseram afflixit Hiber- niam, possessionibus, bonisque omnibus quamplurimos Catholicos spoliavit ; animi tamen remansere inconcussi ; vix enim trecenti ex illo tempore a fide defecere. " Anno 1640, Presbyteriani, seu Calvinistae, non solum fidem Catholi- cam cum Hibernis extirpandam decrevere (uti constat ex publico instrumento 5000 haereticorum nominibus subscripto), verum etiam bellum contra Carolum T., Britannia Regem, excitarunt, eo praetextu quod ipse cum Antistite Cantuariensi conspirasset ad religionem Romanam in Britannia stabiliendam, nimisque indulgeret Hibernis, qui detectis jam Puritanorum contra se ac fidem machinationibus, pro tuenda libertate conscientiae, quam possidebant, anna suinsere. Novam igitur ineunt Haeretici Angli ac Scoti confoederationem, qua jurejurando sancitum est, ut ubique terrarum, sed praecipue in tribus regnis Britan- nicis, religionem Catholicam everterent, illiusque fautores adeoque Regem Carolum e medio tollerent. Hoc totius belli discordiarumque civilium seminarium et origo ; hoc pravi federis vinculum : Haec Carolo Regi iniquissimae necis occasio ; haec servitutis Anglorum, novi insolentisque regiminis, basis ac fundamentum ; utpote quo ingentes pecuniarum summas, ex innato Puritanorum adversus religionem ac gentem Catholi- cam odio collegere. " Igitur post funestam Regis tragoediam, devictis a f'aace populi Bri- tannis, victorem militem transtulit in Hiberniam Cromuellus ; mox per edictum nomine Parlamenti ac suo promulgavit, Catholicos qui se vellent submittere Reipublicae Anglicanae, non esse bonis, aut possessionibus, imo nec religione, spoliandos, nullius siquidem conscientiae vim inferendam. Rei familiaris inopia multis persuasit, ut se traderent fidei ac sponsioni Cromuelli ; deinceps alii infelicibus successibus fracti, jamque ad extrema redacti, oblatas conditiones, renitenti licet animo, amplexi sunt. Sed neutris servata fides publica, in singulis capitibus violata. " Oppressa Hibernia, serio consultatum est inter haereticos, an omnes Catholici simul trucidandi essent, an vero extirpandi paulatim, et per partes ? Din anceps fnit controversia ; tandem vicit secunda sententia, utpote infamiae minus obnoxia, ac publicae omnium censurse. Quod revera haec serio agitata ac designata fuerint, vel ipse satis probat eventus, cum gubernatores hseretici ita omnia disponant ut ex illis sequatur totius gentis Catholicai inevitabilis extirpatio. Pars enim in exilium amandata ad Barmudas, aliasque Americas insulas. Pars in Hispaniam, Galliam, ac Belgium : Quae reliqua est in Hibernia, adeo tributis consulto opprimitur, ut jam multis hominum millibus desint necessaria ad vitam conservandam. Non pauci viri generosi ostiatim emendicare coguntur, nonnullique promiscue cum infima plebe, manci- piorum instar, vili pretio Barmudae mereatoribus per militem diven- duntur. Multi illustres viri ac foeminae famulatum ambiunt in Anglia, aliisque regionibus. Plurimi qui amplissimo fruebantur patrimonio inter gregarios milites exulant a patria, ne sint spectatores carissimarum uxorum ac filiorum cum fame ac morte colluctantium. " Vera satisque nota referimus, Beatissime Pater, Proceresque Ecclesiae, etsi vix fidem inventura apud homines, qui ex humanitate sua caeteros oestimare solent. Atrociora tamen supersunt, et caeteris adhuc nationibus vix audita. Haeretici, tot, tantisque malis Hibernos ad mortem non satis properare arbitrati, et morae impatientes, eorum miseras reliquias 378 HISTOKICAL MANUSCRIPTS COMMISSION. Archives of siinul universas praacipitarc volunt. Poena oapilali saiicitum est ut J l E RELANi>f omnes Catholici ad dictum mensem ac diem, patria, aedibus, ac pos- sessionibus relictis, transmigrant in Conaciam, occidentalem Hifoerniae provinciam, bellis prorsus vastatara ac desolatam. Paludosa primuni ac montosa loca occupare jubetur infelix transmigratio, dein camera inculta, ac minis horrida. Ex tenui peculio nihil secum auferre pos- sunt ; turn quia tributis quae exiguntur vix sufh'cit, turn quia pretium vecturae non aequaret. Ergo sine discrimine ullo sexus, setatis, aut conditionis, ' Transplantari ' (hoc enim utuntur vocabulo) oportet. Multis matronis, viduis, septuagenariis, Parlamento nunquam infeiisiN negata fuit facultas remanendi in aliis provinciis. Nonnulli Angli eamdem cam Hibernis fortunam subire coacti, quod eamdem profitercntur religionem. " Quod fides sola tarn ingentem hasreticorum rabiem et tyrannidem in nos concitarit, nemo est qui possit ambigere. Saspius enim Catholici s ingenue professi sunt gubernatores aliqui hasretiei, omnia mala nostra, ipsamque (ut vocant) * Transplantationem,' abjuratione Sanctissimi Sacramenti, ac Primatus Summi Pontificis, vitari posse. Verum con- stantia Hibernorum tentatione tarn gravi ac vehementi non tantum concussa non est; sed etiam majores inde vires atque animos resumpsit. Omnes enim adulti, post expiatas conscientias, Sacrosancta Eucharistia refecti, post religiosum trium Sabbathorum jejunium (quod et praestitere infantes) voverunt unanimes, se nunquam fidem Romanam deserturos. " * Vox,' tamen, * in Rama audita est, ploratus, et ululatus multus.' Homines sunt Hiberni, humani nihil a se alienum putant. Humanum est ad summae inopiae, et dedecoris, ac mortis adspectum expavescere. Juvenes enim ac virgines non possunt non plorare speciei ac florentis setatis jacturam. Ululant matres, dum liberos vident immatura morte rapi ad sepulchrum. Speramus tamen fore ut de Ecclesia Catholica, et Hibernis, vere cani non possit, 6 Rachel plorans filios suos, noluit con- solari, quia non sunt/ Absit ut Ecclesia, hoc est, Summus Pontifex, vosque, Illustrissimi Praelati, Hibernos filios vestros amissos lugeatis. Absit ut kaeretica pravitas vestram superet pietatem. Ke patiamiui ut coram Deo, et in seram posteritatem exprobari vobis possit, per vos stetisse, quo minus populus totus, adhuc semper Catholicus, non periret : et tot millia parvulorum, ac fratrum Christi, panem petiisse, et non fuisse qui frangeret eis. " Quamvis in omnes indiscriminatim utriusque sexus Catholicos haeresis saeviat, maxim e tamen in sacerdotes, ut percussis pastoribus grex omnis dispergatur. Cuilibet sectario fas est in quamcumque domum, qua velit hora, ingredi, insolenter dominari, caputque familiar eodem atque sacerdotem supplicio af&cere, si quis in domo reperiatur sacerdos. Tot sunt per totam Hiberniam sparsa praesidia ut nemo iter facere, immo nec ambulare possit, quia a militibus rigidum subeat examen, quis sit, unde, et quo ? Ignotos omnes illicd capiunt, eo saltern prsetextu, quod de sacerdotio sint suspecti. Hinc fit ut sacer- dotes incredibilia patiantur incommoda, latitentque in sylvis, montibus, paludibus, cavernis subterraneis, ac sepulchris ; e quibus tamen maci- lenti, pallidi, et vix semivivi eruuntur ; alii ad patibulum, alii ad Barmudas, multi languescunt in carceribus, plurimi exulant a patria cum ordinis ecclesiastici turpi nota emendicantes. Gladio periere Episcopi quatuor, 1 sacerdotes ac religiosi innumeri, et in sola Midensi dioecesi triginta, plures in aliquibus aliis : omnes viri pietate ac doctrina insignes, plerique et genere illustres, de quibus brevi catalogus pertexetur. 1 See page 346. HISTORICAL MANUSCRIPTS COMMISSION. 379 44 Haec cum sint certissima et publica, non desunt qui turpis lucri, et ^^^j™ liber tatis gratia praedicent, Hibcrnis Catholicis expectandum opportuno Ireland. tempore, hoc est, cum eorum nemo superstes fuerit, majorem a Cromuello, Regis ac sacerdotum homicida, favorem quam a legitimo Rege nostro Carolo Secundo ; qui semel coiicessas nobis pro religione et clero Catho- lico conditiones nunquam violabit : illius clementiam saepius experti, nunc inter exilii miserias curam paternam sentimus. Petitione enim nostra motus, nec sibi nec nobis deerit in sollicitando apud omncs calamitatum nostrarum sublevamento ; quod aliter fieri nequit quam vestris, O Proceres Ecclesiae, auxiliis, in quibus procurandis, ac colligen- dis, ut fraudes vitentur, solis illis fidem haberi rogamus, qui ad id praestandum a sua Maj estate approbati fuerint. Nostra enim salus, ac libertas religionis, ab ipsius t'ortuna et incolumitate pendet. Odio Cromuellianae tyrannidis, et innato populi ac nobilitatis Britannic* erga, Regem suum affectu, arma nostra ac vestra liberalitas, Deo propitio, felicem sortientur efFectum. " Eo majori fiducia isthasc petitum venimus, Beatissime Pater, quod pro ordinis ecclesiatiei non solum libertate, sed etiam splendore, rejecta pace, novum bellum suscepimus : in quo Praelatorum ductum, imo et imperiuoi secuti sumus ; ut filii obtemperavimus Episcopis et pastoribus animarum nostrarum. Oblatas pro religione conditiones respuimus, quia pro clero non amplissimas. Quam dispari nunc forte foret Hibernia, si concessis a Carolo I. conditionibus contenta fuisset. Certe ecciesiastici non emendicarent, nec serviret nobilitas, nec gens universa in extremum praecipitaretur exitium. Misericordia dignum est, ad tantas miserias, impellente pietate, devenisse. " In hoc tamen rerum nostrarum deplorando et miserando statu, id unum petimus, ut possimus sanguinem ac vitam pro restituenda religione, et asserendo Christo Hibernia profundere. Triginta et supra virorum millia in variis Europae partibus dispersa erramus ; egeni, extorres, omni ferine ope humana destituti. Si a vobis praasenti subsidio juvemur, animi nobis ac vires, Deo favente, sufficient ad pellendos e patria nostra, quidni et ex universa Britannia, atroces fideicidas et Regicidas. Bella sacra a Pontificibus Maximis olim saepius indicta sunt : nuper pro defendenda contra Turcas et hasreticos religione, auxilia potentia per Pontefices, et proceres ecclesiasticos in varias regiones submissa fuere. Obsecramus, ut cogitetis, an bellum ullum sacratius esse possit, et auxilia melius collocari, quam pro tuenda salute Catholicas gentis ac religionis universae. Hoc denique per Christi cui servire volumus amorem perpendite ; gentem nostram in extremo animarum ac corporum discrimine constitutam, non aliunde magis, quam a caritate Patrum populi Christiani opem sperare, ac petere, debuisse. ' Ne dicant gentes, Ubi est Deus eorum ? ' Ne dicant haeretici, Ubi est caritas Catholicorum ? Ne inimici Ecclesiae juste objicere possint, ecclesiasticos tanto ubique numero florentes, cum pereuntibus filiorum suorum millibus auxilio esse possent, pereuntium spectatores otiosos esse maluisse. Vos genti semper Catholicas cum extrema egestate, et ipso exitio, ob causam optimam, nec sua culpa, luctanti, ut potestis ac debetis, subvenite : nos pro vobis ac religione pugnabimus, et moriemur. " Ad Lectorum. — Lector Christiane, universam nationem Anglicanam non accusamus, quasi detestandorum criminum, de quibus hie loquimur, conscia esset : sed tantum de parricidis et Regicidis illis, qui religionem extirpare, monarchiam subvertere, et gentem Hibernicam destruere nituntur : Cum nobis constet Anglos, excepta vili plebeculas fasce, sensu et miserico]"dia malorum quibus opprimimur, tangi." 1380 HISTORICAL MANUSCRIPTS COMMISSION, A ™of° F ARCHIVES OF THE TOWN OF GALWAY.— QUEEVS Galway. COLLEGE, GALWAY. — By John T. Gilbert. Little accurate information of early date is extant in relation to Galway, the capital of the Western province of Ireland. From the first part of the thirteenth century the town was under the control of the heads of the family of De Burgh, Anglo-Norman Lords of Connacht, who appointed its provosts or portreeves. Towards the close of the same century expenditure is recorded to have been made on the walls and fortifications of Galway from tolls levied there on wine, wool, cloth, leather, salt, fish, and other articles. The customs received at Galway in the thir- teenth and fourteenth centuries were considerable, and much exceeded in amount those paid in Limerick at the same period. Grants for levying imposts to be applied to fortifying and repairing the walls of Galway were made by Edward III. in 1361 and by Richard II. in 1396. The latter King, in 1396-7, by charter, conferred on Galway various privileges in connexion with trade, and authorised the Provost and burgesses to elect annually from among themselves a sovereign or chief magistrate for the town. This charter set forth that the key to parts of the land of the King of England in Ireland was the town of Gaiway, in which his liege people as well as strangers were received, protected and comforted, but that it was so encompassed by English rebels and Irish enemies, that traders or others dared not approach it by land or water without a considerable guard ; and that the burgesses, for its safe custody and defence, to their great impoverishment, maintained at their own cost, many men-at-arms, continuously by day and night. The annual election of a Mayor and Bailiffs at Galway was sanctioned by Richard III. in 1484, under a charter which included a prohibition against any lord, official, or other person entering the town without license from its authorities. In the same year the church of St. Nicholas, in Gaiway, was, with Papal sanction, made collegiate under the rule of a warden and vicars, to be annually elected by the Mayor and his council. Henry VIII., in 1536, addressed a mandate 1 to Galway, in which, among other matters, he ordered the inhabitants not to sell merchandise except in market towns ; to shave their " over lips," to let their hair grow till it covered their ears ; to wear English caps and attire shaped after the English fashion ; to forego the use of saffron in their garments, to have not more than five standard ells in their shirts; to adopt the long bow and English arrows; to learn to speak English, to " use themselves after the English fashion," to reform the administration of justice by the Mayor and Bailiffs, not to succour the King's enemies, and not to forestall Limerick market. In 1545 Henry VIII. confirmed the previous charters of Galway and added further privileges. A charter was granted by Queen Elizabeth in 1575, about which time Camden 2 described Galway as a very fair and proper town, nearly circular in form and built almost entirely of solid stone. He added that it was well frequented by merchants, and had easy and gainful traffic by exchange of rich commodities both by sea and land. By a charter from James I., in December, 1610, the first Sheriffs of Galway 1 Dated from Greenwich, 28th April 1536, State Papers, Ireland. Public Record Office, London. 2 " Britannia," London, 1607, p. 757. HISTORICAL MANUSCRIPTS COMMISSION. 381 were appointed, and the town was constituted a separate county. At Archives of that period and subsequently, Mayors and Sheriffs of the Roman galway. Catholic religion, after their elections, declined office and incurred fines — rather than take the oath of supremacy. In 1642-3 Galway allied itself to the Irish Confederation in favour of Charles I. The ad- ministration of the town was then assumed by the Roman Catholics, and continued by them till its surrender in 1652, to the Parliamentarian forces, after a siege of nine months. Under the Parliamentarians the government of the town was taken from the Roman Catholics, who were treated with much severity. In a petition for relief from the government of the time at Dublin, they described them- selves as the descendants of " an ancient colony of English, planted in this nook of the country and endowed by the Crown of England, with charters, grants and immunities." A charter of incorporation was, in 1676. granted to Galway by Charles II. In 1686 Roman Catholics were, by order of James II., admitted to the Corporation ; a Mayor of their religion was elected, and a new charter was issued by the King in 1687. Daring the subsequent war Galway adhered to James II. in opposition to William III. It was besieged with a formidable force by General de Ginkel in 1691, and capitulated on honourable terms in July of that year. 1 The administration of the town subsequently came into the hands of the adherents of William and Mary. The oldest body of municipal records of Galway now extant is in a volume known as the " Statute Book " of that town or Liber " A," the contents of which consist of lists of Mayors, officials and councillors, copies of statutes or enactments, grants, petitions and memoranda, commencing in 1485 and terminating in 1709-10. The volume is of paper, measuring fifteen inches and a half in length and ten inches in breadth ; its leaves, numbered in old figures from 1 to 385, are occasionally written on both sides, some are blank or contain only a few lines, others are missing, and several are damaged, but have been repaired so far as practicable. In front are eleven leaves of an old and incomplete alphabetical table to some enactments in the initial part of the book. At the end of the volume the leaves from 301 to 385 do not contain any entries. The manuscript affords no information as to the time or circumstances of its commencement. The earliest writing in it would appear to be of the middle of the sixteenth century. With the exception of some Latin documents and entries, the contents are in English of peculiar and irregular orthography, fre- quently written in a contracted and obscure style. The original plan for the book seems to have been that the pages should be headed in chronological order with the names of the Mayors and officials for the respective years, and that under them should appear the records of the transactions during their administrations. In many cases, however, where probably no contemporary materials were available, these spaces remain blank. Others have been filled by the insertion of records of transac- tions long subsequent to the dates in the page-headings. Occasionally dates do not occur in connection with the entries so inserted, and it would be difficult to assign precise years to some of them. A document undated, but referable to 1 557, appears on a page headed 1497, and an undated instrument assignable to 1500, is placed after a dated one of 1552. The book commences with the names of the first Mayor and Bailiffs of Galway in 1485. The entries for the sixteenth century begin on the lower part of the second leaf and extend to fol. 115. For ten 1 See pp. 155, 156. 382 HISTORICAL MANUSCRIPTS COMMISSION. AKgmvEs^oF consecutive years, from 1559 to 1568, there are no enactments entered. gSat! The records from 1600 to 1(599 occupy from fol. 116 to fol. 271. From — the early part of the seventeenth century many of the page-headings, with the annual records of the names of the Mayors and officials, are written in large characters, in combination with heraldic and orna- mental devices and interlacements, drawn with pen and ink. The styles of writing and ornamentation are exhibited in the reproduction of one of these pages in the " Facsimiles of National Manuscripts of Ireland, Part IV: section 2." The page with the record for 1618 is colored with purple, red, and yellow. The name of the Roman Catholic Mayor in 1685 and 1686 is in large golden letters. Some leaves for the important periods of 1641, 1652, and 1688-91, are missing. The entries for the eighteenth century are mostly short and extend from fol. 273 to 289. A few extracts from this manuscript were included in the 6t History of Gal way " by James Hardiman, published in 1820, but no detailed account of it has hitherto appeared. Appended to the present report the contents of the " Statute book " of Gal way are given in the order in which they stand in the manuscript, with marginal references to its existing leaves, and notes as to those which are missing. A very small portion of the manuscript is occupied by the records of the fifteenth century. The names of the first Mayor and Bailiffs in 1485 are followed by entries on the reception of the Bull for the College of St. Nicholas, in that year, and the re-enactment of two statutes of 1460. One of these prohibited the letting of land within the town to any Irishman, without licence from its council and officers. Another statute required that all dwellers in the town should have " reasonable weapons," according to their " vocation and calling." The manuscript does not make any reference to the remarkable act associated by ancient local tradition with the Mayor of Gal way in 1493. It is stated that his son was condemned to be hanged, for having in a fit of jealousy killed a Spanish visitor to Gal way, and that, as no executioner could be found, the father carried out the sentence with his own hands. 1 Among the matters recorded in the ** Statute Book " to have formed the subjects of enactments, or to have occupied the attention of the administrators of the town of Galway, the following may be noticed : — 1500 : Admission of an aged member of an Irish sept to the freedom of the town on petition from his son, a goldsmith in Galway. — 1505 : Sales of bread, " single ale," and " honied ale." — Answer to cry at town gates with weapons of defence. — Variances and injurious language. — Form of lease of land in town. — 1507: Sale of meat. — 1510-11 : Regu- lations for boatmen, coopers, shearmen, sales of frise, cloth, mantles, butter, corn, grain, fish. — Overseers of honey. — 1512 : Expulsion of "Idle" men and women, unable to pay taxes. — 1514: Rights of Mayor and officials in fish and flesh markets. — 1516-17 : Prohibition of loans or sales to Irishmen of boats, equipments, bows, guns, or powder. — " Bragging or boasting on the town" by Irishmen. — 1518 : — Members of Irish septs not to be received in town at festival times without licence from Mayor. — 1519 : Exclusion of Irish judges and lawyers from town courts.— 1523 : Office and accounts of Mayor. — Interference with occu- pations or " sciences " of town dwellers. — 1521-2: Precautions against fire and disease. — 1522 : Disobedience to Mayor punishable by fine and incarceration in " lowest prison." — 1523 : Grants of freedom of 1 A statute enacted by the Galway authorities, in 1548, required that persons condemned to death should be " put to execution " by the Mayor and officers of the town. See p. 412. HISTORICAL MANUSCRIPTS COMMISSION. 383 town restricted to those who speak English, and shave their upper lips Archives of weekly. — 1524 : Purchases from strange ship-merchants. — Injuries to galway. the town by loading Irish galleys or boats. — 1526 : Eates of wages for carpenters and masons. — 1526-28 : Prohibitions against resorting to protection of Irishmen ; against games with quoits, stones, hockie sticks, hand balls, cards, dice and tables. Adoption of cross-bows, long bows, hurling of darts and spears, and the "great foot-ball." — 1530 : Levy of fine on Gal way for manslaughter, according to amount settled by arbitrator on behalf of the town and by a Brehon, or Irish jurist, on the part of the country. — 1532: Variances "between lineage and lineage." Weapons drawn in quarrels to be nailed up in the pillory. — 1536: Costly banquets by women on births of children. — 1538: Security for fulfilment of contracts made in France, Spain, and " other lands," for wines and merchandise. — 1540: Parleys in the town with Irishmen. — 1541 : Purchases from merchants of Dublin, Limerick, Cork and Waterford. — 1543 : Display of goods in shop windows. — 1544: Applications for "offerings" at Christmas, Easter and other festivals. — 1548 : Trials and executions of adversaries, found guilty of despoiling or plundering the commons of the town by land or sea. — 1549 : Detention in Galway of chiefs or members of septs till they compensated inhabitants of the town injured by them. — 1550 : Supplies of fish to Mayor and officials on " fish days." — 1552 : Arrange- ments for "common house or inn" for strangers. — 1553: Victual- ling of masons and carpenters for town works. — Banquets and feasts by Mayors and Bailiffs. — 1554 : Appraisement of silver plate in pawn. — 1555: Fines for "buffets" to Aldermen, Bailiffs, Bachelors, and " Young men." — 1557 : Arrangements for College of St. Nicholas and for election of Mayor and his councillors. — 1574: Sale of meat.— 1575 : Compact of Mayor and Commons with Mac Donneli of the Isles of Aran and his clan. — 1 576 : Practices of agents from Galway to Spain and other foreign countries. — 1579 : Deceptions in marking casks of wine in France and Spain. — Grant of freedom of town to Antony Fyton, Collector and Controller of Customs at Galway. Broaching of casks of wine and aqua-vitae. — 1579 : Prohibition of exorbitant interest and of sending timber to foreign countries, in consequence of the great scarcity in Galway caused by the shipment of " green and high timber," for many years past. — 1584 : " Confirmations and amplifications " of statutes made in 1485-6 and between 1505 and 1538. — "New ordinances" for Mayor and town ; oaths for freemen, sergeants, constables and porters. — Periods for four general assemblies. — Forms for admissions of freemen. — 1585- 7, 1590-1 : Forms of election and admission of Bailiffs and of indentures of apprentices and reception to freedom. — 1586: Appointment of Council to the Corporation in all matters of law. — 1587 : Regulations for " Young men," sent to foreign countries with goods. — 1591 : Levy of money for debts of town. — 1592-5 : Setting of lands ; supplies of powder and match. — 1599 : Evasion of debts by residents in the country through protections from the Mayor. — 1608 : Property and documents of College of St. Nicholas. — 1609-11 : Fines and removal of Mayors for refusing oath of supremacy. — Reception of charter from James I. — 1611: Ap- pointment of Recorder. — 1612 : Office of Mayor ; landing of wines ; receipt of revenues. — 1616 : Fines for non-acceptance of Mayoralty and Shrievalty. — 1621 : Restrictions on making aqua vitas and "strong beer," in connexion with prices of malt and corn. — 1 625 : Regulations for Mayor. " Indiscreet " disturbers of meetings in the town hall. Standard measures. Outcry, howling and shouting at funerals. — 1627 : Expulsion of " young fellows, not of the birth of the town," pretending to be scholars. — Tokens or marks for the caps of needy natives of the HISTORICAL MANUSCRIPTS COMMISSION. A Toww op° F t0Wn> licensed to be g- Delivery of lists of scholars to the Mayor — Galway. 1 ^31 : Salaries of Mayor and Recorder. — 1G32 : Certificate as to* price of corn at Galway. Refusal of officials to comply with Governmental order as to oath of supremacy. Preparation of register of accounts and documents. Annuity to schoolmaster for training children of members of Corporation in " good literature and sciences liberal." — 1638: Grant of freedom to Sir Francis Willoughby. — 1639: Appoint- ment of Warden of College. — 1643 : Mass and sermon by Jesuit in church of St. Nicholas. Surrender of fort by English garrison. Religious procession. Public works in the town. Order of precedence. Collec- tion of excise. — 1646 : Order from Supreme Council of Irish Confedera- tion. Attendance at burials. Condemnation of " Disputatio Apolo- getica de regno Hiberniae." — 1647 : Freedom granted to the Marquis of Worcester. Petition from Abbess of Convent of St. Clare. Progress of works in the town.— 1649 : Letter from Charles II. Deaths from Plague. Services of physicians. — 1653 : Petition that the charter might not be in the " hands of the Irish and Papists." Removal of officials and appointment of others.— 1670 : Pursuit of pirate.— 1674-7 : Charter from Charles II. Purchase of grant of customs. — 1687-90: Charter from James II. Building of quay and pier. — 1691 : Surrender of town and election of new officials. — 1701-2: Memoranda on abundance of fish. Grants of customs of Galway from time of Queen Elizabeth. — 1709-10: Letter of marque from Admiralty. With the " Statute Book " of Galway are preserved some volumes containing entries of proceedings of the Corporation there from the year 1679. The earliest of these books is not in good condition and much of the writing in it is hasty and irregular in style. Statute Book of Town of Galway, A.D. 1485-1710. fol. [l]. 1 U Byerse Lynche, ffurste Mayor of Gallwey, Androwe Lynche Fytz Stevne and Ihamis Lynche Fitz Marten, B[ay]llyvs, at Michalmas, anno 1485. " li — The Bulle of the Colladge 2 whiche the Corporacions bought was published and read in the courte-housse theiii. and vi. dayeof November, in the yere above wry tin, 1485. " 2. — Item : It ys enactid for the common wealth that no marchaunt shall not lade ne transporte over the seas no unffre men's goodes, uppon payne to lesse that goodes and his ffredome. And also that no maryner ne shipe man shall carye nor tak no unffremen's goodes with him over the seas, but onelye Ire men's goods, uppon payne to lesse the said goodes or the just vallouer therof ; and the said maryner or shipman for so doinge to lesse and forfayte one hundred shillinges; and the sayd goodes and forfaytsto be devidid into thre severall partes, as tosaye : one 1 Many of the old nurnberings on the upper parts of the leaves of the Manuscript have been lost through decay. They are here and in the following pages supplied within brackets. 2 Bull of Pope Innocent VIIL, dated at Rome, sixth of the Ides of February 1484, in relation to the Wardenship of the Collegiate Church of St. Nicholas, at Galway. HISTORICAL MANUSCRIPTS COMMISSION, 385 parte to be to the reparacions and bulding of towne walles and workes, the second parte to the reparacions of the church, and the third parte to the officers for the tyme beinge. " 3. — Item : It ys enactid and agreid that no manner dweller, of what- soever degre he or they be of, shall not sell nor set no lande or tennement within the same town of Galwey to no Irish man, withoute lyceuse of the Counsayll and officers for the tyme beinge, on payn of forfayting the sayd landes or tennement with an hundrid shillinges to be equally devidid as above wryttin. u The above statutes was made by Will[i]am Duff Lynche, Suffrayn of the same [town], in anno 1460, and conffirmyd by the above wryttin Perse Lynche, Mayor, with the reste of the Comence 1 of the same. "Dominick Lynch Fitz John, second Mayor, Eicharde Mares and [2]. Geftre Blake, baylyvs, in anno 1486. " Mayors : Will[i]am Lynche Fitz Saunder Geffere Lynche - John Lynche Fitz John Robuock Linche - John Skeret - Thomas Lynch Fitz Edmonde - Jhamis Lynche Fitz Stevne John Lynche Fitz Edmond Thomas Blake - Statutes : u 1. — Item : The xxii.th daye of Januarii in the yere above wryttin, it is statutid and established by the Mayor, Bailiefes and wholle Counsaill of this town of Galwey that no person ne persons of no degre shall not purchase ne shewe no manner wryte 2 againste anny of the enhabitannce of this same towne for anny matter untill suche tyme his matter or suite be pledid and tried in the Tollsell or Courte-housse befor the Mayor and Counsaill, on payne to lesse 3 the somm of xx ti poundes sterling, withoute anny remedy or grace, to be devidid into thre equall partes, as to saie, the one parte to the officers for the tyme beinge, and the second parte to repayre the commen workes, and the third parte to him on whom the said write was procuried or broughte. " 2. — Item : John Ffrenche being Maior in anno 1539, with the reste of the wholle Court and Consaill [h]is assente, have confirmid, ratiffied and established the above statute to be keapte and observid for ever more henchforth. " 3. — Item : Dominick Lynche being Maior; Ambros Linch and Gorge Lynch, Baylief s, in anno ] 540, it was agreid by the wholle Courte and Counsayll that the said statute to be allwaye keapte and ratiffied and well observid ftvm time to tyme as it is premittid. " 4. — Item : Laste of all, the above statute was confirmid and ratiffied by Thomas Blake, then beinge Maior, in anno 1563, by the assente of the wholle Courte. And further, for the better observing of the above statute, yt was orderyd by the said Mayor and Counsayll, that if in casse the Mayor necjdecte to put the above penneltie in execution deulye by his tyme, the said Mayor that shuld so necglecte the excussion therof Abchives of Town of Galway. - 1487 - 1488 - 1489 - 1490 - 1491 - 1492 - 1493 - 1494 - 1495 1 Commons. O 84068. 2 Writ. Lose. B B 386 HISTORICAL MANUSCRIPTS COMMISSION. A Tow??f OF t0 l Da ^ e ' and P a >' e and ffor %te of his own goodes towards the comon Galway. woorke the somm of the above permeltie, and the nexte Maior to put the same in execution. And if anny the deffendantes shuld moleste or truble the said Mayor for so doinge, the Corporacion standith bound to save harmles the said [Mayor] in executinge the same statute from tyme to tyme. fo1 - C 3 ]- " Walter Lynche Fitz Kobarte, Mayor; Wallintyn Blake and Thomas Bodikin, Bayly vis, in anno 1496. " Mayors : Dominick Lynch Fitz John - 1497 Androwe Lynch 1498 Jamys Lynch Fitz Marten - 1499 Masters : Edmond Deane ------- 1500 John Lynche Fitz Henry - 1501 Jamys Lynche ------- 1502 Geffre Lynche ------- 1503 John Lynche ------- 1504 " Statutes : " Item : That all dwellers within this town, as well fremeu as unflre[e], shall from tyme to tyme have such reaysonabie weapon accordinge to ther vocation and callinge, on payn to forfayt xii.d. ster. "Item : It is orderid and statutid that who so ever takith anny man ys 1 pledge or paun with his own proper hand, without a ser^ante or officere, he to lose hys accion and debtes for ever, and if it be provid that ther is no debtes ouinge to him that so would take anny pledge to paye in payne the somm or valleue that he claymid withoute anny grace, and his bodye to be put into prisson untill such tyme he paye the same. fol. [4]. " Domynick Lynch Fitz John, Mayor ; Walter Lynche and Olyver Lynche [Bailiffs], in anno 1497. "[l.pitem: In the honoringe of Allmyghtie God and furtheringe of His Devin Service, the Mayor and Counsaill beinge assemblide, together with Sir Henry Brenegan, Wayrden, and the reste of the Colladge of this town, have, with one assente, consentid and agreid uppon that the said Wardayn and the reste of his brethren shall dayly saye or singe, as tyme requirith, in the quere 3 the tydes 4 or houres, as tercio, sexto and nono. " [2.] Item : It is also agreid and ordered that the said Wardens and vicars shall keape ressidenc and houskolld together contynually, a fare as ther pouer can extend. " [3.] Item : It ys also agreid that all such corne or grayne that aper- taynith to the said Colladge, ffarre or nere, shalbe deulie brought in yerly to the maynteyninge and sustentacion of the same housse and Colladge. " [4.] Item : It is orderid that it shall not be laufull for every the said vicars to spend or bestowe in ther privat chambers any thing belonging to the covente of the same. "[5.] Item: That no preste nor vicare of the same be found out of ther chambers or Colladg housse, withoute it be with lafull bussnes and causses, by night tyme. 1 His. 2 This document appears to be of the year 1557, during the reign of Philip and Mary, -when Brenegan, mentioned in it, was warden. 3 Choir. 4 Prayers at canonical hours. HISTORICAL MANUSCRIPTS COMMISSION. 387 " [6.] Item : The said Wardayn and vicars hath promised and grauntid Archives of with one assent, for them and ther successors, trullye to keape and galway. observe thes statutes for ever perpetuall to be clone from tyme to tyme. — " [7.] Item : That it is statutid and contractid by the wholle Counsaill, by the advisment and consenfe of the Wardyan and vicars, with the clerkes, as Will[i]am Mollogan and Matheue Lurcan, that foure boies for the augmentacion of Godes Devine Service shalbe assistinge and helpinge to singe dayly at the quere, specially at Mary masse 1 uppon the sayd clerkes ys chardge conserninge ther learninge to said thre boyes uppon the said Will[i]am, which thre he must enforme and teach to singe after the beste facion that he maye, or elles to i>aye one nobull 2 sterling to every of them, to be gyvin to another Master ; and Matheue to fynd another child in like manner ; the vicars and Colladge all waves gyvinge the said childrin meat and drinke contynuallye. And the said boyes from tyme to tyme to be admittid and electid by the Mayor for the tyme being. And if the said prestes and Colladge or clerkes doth necglecte and gaynsaye anything comprised in this statute, the Mayor so being shall levey uppon them and every of them the yerly chardges or expensis of the said childrin. And this to be observid of them and ther successors perpetually. " [8. J Item : Wher the Wardian and wickers 3 of the Colladge had com- fol. [46]. plainid heretoffore uppon the Mayor and Comenc of this town, contrary to ther liberties or charters, to the Lord Archbushope Bodiken, 4 which the said Mayor and Comence toke in evill parte so to complayne by the said Wardian and vicars on them, which ther antecessors had never done the like complaynt tofore, and had no auctoritie for so to do : Wherfor the Mayor and Counsaill hath, with one assente and conssente, statutid and orderid, acordinge as all the Mayors and governors sethienc 5 the said Colladge was furste edictid and unitid together had the governance, correccion and jurisdicion of the sayd Wardayn and vicars for their dis- obedia>«ce, evill demeanours, or naughty proceadings, that the Mayors and officers from hencefourth perpetualy shall in like manner controll, correcte and punish the said Wardians and vickers, they so offendinge, from henchforth withoute any further complaynt to be made by them or eny of them to Bushope or Archbushope, save onely to the Mayor and Counsaill for tyme beinge, on paynto lesse 6 ther ly vinges. And also that the said Mayor and Counsaill shall have the ellection, chossinge and admittinge of the Wardyn yerly, and the election of all such prestes or clerkes or anny man elles to serve in the church and Colladge. 7 9. — Item : The said Mayor and Counsaill have with one assent pro- mised and grauntd, for them and ther successors, that the Mayor so beinge shall, save, acquite and defFend the said Wardyan and vicars, and ther successors, in peacable possession of all nnd singullare ther revenus, as well within as withoute this town, acording as they would keape ther own goodes. 10. —Item : Also the said Mayor and Counsaill have gyvin and grauntid to the said Wardian and vicars, and ther successors, to be servid next after the Mayor for tyme beinge of ther parte of causulties 8 by alliantes 9 resorting to the town of Galwy, suche as shuld be profitable for ther housse. Further, the said Wardyan and vicars and ther successors to 1 An early mass in honour of the Blessed Virgin. 2 Coin styled a noble. 3 Vicars. 4 Christopher JBodekin, Archbishop of Tuam, A.D. 1536-7—1572. 5 Since. 6 Lose. ' An incorrectly dated transcript of this section is inserted at page 250 of the Ms. 8 Casualties. 9 Aliens. B B 2 388 HISTORICAL MANUSCRIPTS COMMISSION. archives of be free from all rentes or duties of the pasture and grassing of Capney- gTlway! vuugh, which they had in yefte 1 of John Athye. fol. 5. Androwe Lynche, Mayor ; Fetter Martin and Marten Ffannt, bayly vis, in anno 1498. " [A.D. 1558.] — 1. — To all men to whom this writtinge comith be it knouin that we, Mayor, BailiefTes and Comenc of the Kinge and Queues Majesties town of Galwey, of our own meare gifte and volantary willis, and with one wholle assent, have gyvin, grauntid, and for ever more leate unto John Lynch Fitz John, of the same, burgenc, and his heires, a parcell of our ground, being at thes presentes waste withoute proffit r which parcell is cituatid besides oure wallis from Stevn Linch Ffitz Arturs myll west, north, and south, to the runing watter of the sayd myll at south side, the mayneryver at west, and the runing watter, comenly (sic.) as well of the sklus or dame, besyde the said myll as under bridge going to Saint Ffraunces Abbaye. And by the presents do gyve and graunte to the said John to his heyres and assignes the said parcell of ground in lenth and bredith, with the appartenances all and singullare, from us, our heyres, successors and assigns for ever more ; the 3aid John and his assignes yeldinge and paying to the comon pursse of this same town yerly the sume of xij.c?., ster. Also the said John and his heires ys bound to make no manner of reparacions ther but a loe gardinge, not plantinge anny great tres which mighte anoye the Comens or comon wallis of the same town or any therunto belonginge or apertayninge. Also the sayd John and his heyres is bound to hurte not the said myll the recourse of hys watters comming to or ffro or any other therunto apertayning and hurt not the common wayes in no wysse. But that the Comenc from tyme to tyrne maye and shall have ther common recourse to all the common watters withoute let or vexacion. " To have and to hold the said parcell with the appertinances to the said John his heires and assignes from us. The said Mayor and Comens, our heires, successors and assignes, the said John Lynch his heires, successors and assignes, in possession of the sayd parcell with the appur- tenances, agaynst all men in manner aforwryttin shall warranto and deffend for evermore by thes presents. " In wittnes hereof we have not onely set hereunto our signes and common sealle, but also willid our Town Clerke to wrytte and signe this oure donacion. At Galwey, the xxth of October, 1558, et regni Regis Phillipi et [Regine] Marie v et vi, being present Richard Blake Fitz Genre, Marten Lynch Fitz Jamis, Dominicke Linch Fitz John, Thomas Marten, William Skeret, Thomas Collman, Notary. fol. 6. "Jhamys Lynche Fitz Marten, Mayor; Peter French and Stevne Lynch Fitz Jamis, Bay 11 vs. in anno 1499." "[A.D. 1539.] — 1. — In Dei nomine, amen : Inter Arthururn Linch, Maiorem ville Gallvie ; Arthururn French ac Iacobum French, Ballivos, et eorum comburgenses, parte ex una, et AndreamBrown de Athu[n]ry, parte ex altera ; sic erat conventuni : Quod predicti Maior, Ballivi et combur- genses dederunt et concesserunt, de se suisque heredibus et successoribus qui tempore fuerint, eidem Andree Brown, heredibusque suis, liberta- tem et franchisiam, ac ipsos pro liberis ho minibus ac Domini nostri Regis Anglie legeis acceptantes et accipientes, pro retalacione omnium 1 Gift. HISTORICAL MANUSCRIPTS COMMISSION. 389 et singulorum bonorum et mercium ad ipsos spectanciura in eadem villa ABcmvEs of Gallvie et infra libertatem ejusdera realiter fiendum et faciendum. Ita galway. quod liberi sint prout ceteri homines alii liberi ejusdem ville. Et ad — reteliam similiter. Jurati in communi retalacione omnium et singulorum bonorum ac mercium ; ac emciones ac vendiciones libere facient ut alii liberi homines facere possunt. Necnon eciam pretlictus Andreas et heredes sui debent et tenentur nunc et inposterum respondere et solvere onera suportabilia ejusdem, juxta suam qualitatem, ut ceteri alii ejus- dem qualitatis. Et si predictus Andreas defraudaverit custumam Regis et predicte ville, aut decolaverit bona alterius suo nomine, hoc probato non solum suam presentem libertatem perdat, ymo 1 etiam bona sive merces per eum decolarata omnino confiscantur, juxta statuta ville predicte Galvie. " In cujus rei testimonium tarn predictus Maior quam Andreas manu sua presentibus subscripserunt. Et sigillum officii Maioratus nostri presentibus est appensum xxii. die Octobris, anno regni Regis Henrici Octavi xxxi. 1539. " [A.D. 1541.] — 2. — Memorandum : Quod xix. die Januarii, 1541, in tempore Dominicii Linch, Maioris, ac Ambrosii et G[e]orgii Linch, Balliv- orum, Nicolaus Brown de Athenry f actus erat liber homo per Maiorem, Ballivos, et consilium ville predicte Gallvie, sub modo et forma quibus predictus Andreas suam libertatem habuit, in omnibus et per omnia. " [A.D. 1541.] — 3.— Memorandum : Quod xix. die Januarii, anno in- stanti, Robertus Brown de Athinry f actus erat liber homo per Maiorem, Ballivos, et consilium ville predicte Galvie, sub modo et forma quibus predictus Nicholaus suam libertatem habuit, in omnibus et per omnia. " [A.D. 1541.] — 4. — Item : xxix. die niensis Julii, anno regni Regis Henrici Octavi xxxii., et Domini mcccccxli., Dominicus Brown Fitz William f actus est liber homo omnibus modo et forma supradictis qui- busquidem prelibatus Nicholaus Brown suam libertatem habuit ut aliter, sub sigillo Maioratus, plenius continetur, et idem Dominicus tenetur ad omnes exactiones et condiciones quibus predictus Nicholaus Brown, ut supra visum est, obligatur. In cujus rei testimonium nomen suum presentibus subscripsit, die mensis et anno quibus supra. " [A.D.I 542.] — 5.— Memorandum : Quod x.die mensis Decembris anno regni regis Henricii Octavi xxxiii. et anno m d°xlij , in tempore Thome Lynch Fitz Stephin, Maioris, Petteri French et Jacobi Kerwicke, Bal- livorum, Ricardus Brown Fits William factus est liber homo omnibus modo et forma supradictis quibusquidem prelibatus Nicholaus Brown suam libertatem habuit, ut aliter sub sigillo Maioris plenius continetur. Et idem Ricardus tenetur ad omnes exactiones et condiciones quibus predictus Nicholaus Brown ut supra visum est obligatur. In cujus rei testimonium nomen suum presentibus subscripsit die mensis et anno quibus supra. " [A.D. 1529.] — [6.] — Thomas Moore factus erat liber homo et heredes f l. 66. ejus, in tempore Willielmi Mares, Maioris, ac Thome Linch Fitz Stephin et Ricardi Bodiken, Ballivorum. Postea, omnibus modo et forma sicut Do- minicus Brown suam libertatem habuit in omnibus et singulis, ut supra : Oure meaning is that the said Thomas Moore and his heires shall have the liberties of this town as fre as anny man of the same had or hath, "within and withoute, in bu[y]ing and selling, acording as the Mayor, Baillivs and Counsaill had gyvin to him and to his heres for ever. Writtin in anno MDXXIX, Matheue Lurcan then beinge jurat Town Clerke. 1 Iramo. 390 HISTORICAL MANUSCRIPTS COMMISSION. AJ Tcavx E of° F "[1543.] 7. — Memorandum that in the yere of our Lord God Galwat. MDXLIIII. et regni Regis Henrici Octavi xxxvi, then being Mayor of — this town, Johnakin Linch Fitz Arture, Edmond Kyrvan and Edmond Bodicken, Bailieffes, Nicholas Coyn and his sonne, Thomas Coyne, with ther heires, was admittid and made ifre men of this town as in b[uy]ing and sellinge, ladinge and transportinge oute of the same and in to the same, acordinge as all others have ther ffre liberties, within and withoute for evermore, pa[y]inge all kind of tax and talladge, with other deuties, accordinge as all other ffre men of this town doth or shall do from tyme to tyme, notwithstandinge they have ther facultie or sience. u [ A.D. 1561.] 8. — Memorandum that in the yere of oure Lord God, 1561, then beinge Maior of this town Nicholas Linch, Nicholas Lynche Fitz John and Marten Lynch Fitz Christofer, Bailieves, Jhamis Laules was restoryd to the ffre liberties of this town acordinge as his cepte 1 was so founde to be ffre men and had liberties of this town, as members of the same Corporations. Therfor it is ordered by the said Maior, Bailivis and Counsaill, hath gyvin, grauntid, and elected the said Jamys to the liberties and tiredome of this town, acordinge as his ancestors have had heretoffor, and that liberties we do gyve to him in as ampull manner as any other person or merchant of this town hath or shall have for ever more perpetuallye. f ol. [7]. " GefFere Lynche, Mayor; Jamys Lynch, and Nicolas Freinch, Bay- lyvis, in anno 1500." " 1. — Item : In the yere of oure Lord God 1552, then beinge Maior of this town, John Linch Fitz John, Pers Lynch and John Lynch, Bay li vis, one Richard Begge was admittid and made f reman of the same town with thassente and consente of the said Maior, Baillives and Counsaill, uppon condition that the said Richard shall from tyme to tyme uphold and keape up for all strangers and other resorts in to this town a comon housse or ynne for victuallinge and lodginge of suche strangers, and also shaile have and use himeselfe honestlie in obeying the Mayor and officers and as well the comon lanes, ordinances and statutes of the same, on payn to lesse the said liberties and ffredom. And uppon the above conditions we have gyvin the said Richard ffre liberties as well within as withoute the same town to buy, sell, lade, transporte or bargayn in and oute accordinge and in as ampull manner as every of the same town maye so bargayn and sell withoute any let or vexation of any man of the same town. 2. — [1500.]— To all men to whom this writtinge comith, the Mayor, Baillevies and Comens of this hir Majesties town of Galwey sendith gret- tinge in our Lord God everlastinge : Lettinge you to witte that for dy vers considerations and for erniste respecte that we, the said Mayor, Bailievs and Comens had to the request made by one Andraue Ffallon, on the behalf of his doughter, Julian Fallon, who is married to Donill Oge Ovolloghan of this same town, goldsmith, and for the better relieffe of the said Androwe Ffallon, who is old and impotente, it is condecendid and agreid by us, the said Mayor and Bailyvis and combrethern of Galwy, aforsaid, that the said Donill Ovolloghan shalbe acceptid, taken and receive! in to our ffredoms, and lik as and acordingly oure previledges and chartors, had and obtaynid of our suffraynis Kinges of aucient [times]. And by vertu therof we, the said Mayor and Bayleffes, with oure com- brethern, have gyvin and grauntid unto the said Donyll nredonie and 1 Sept. HISTORICAL MANUSCRIPTS COMMISSION, 391 ffre liberties in as ampull and lardg manner as we grauntid to anny Archives of other ffreman made by us and by thes presents we do gyve and graunt g-axwa? to the said Donyll his ffredome and ffredom and ffre liberties as well — - within this town, as also within and without the fraunehies and ffre liberties of the same. And by thes presents the said Doniall shall and may ocupie the trade of merchandice and all manner warres in lading and discharding of his goodes, warres, and merchandice into forayn realmis and from thence to this town of Galwey, and after the transporting of the same to sell the said warres and merchandice and make seallis. therof as well by grosse as retaylle, and thus to use the ffredoms and liberties of the same town as all other firemen doth withoute leat or truble of any person or persons, the said Donill answering the Comons acordingly ther costoms acording his vocacion from tyme to tyme. In wittnes whereof we the said Stevn Arture Lynch, 1 Mayor, and ouer Bayllys, Jamis Linch and Nicholas Frenc[h], witli the rest of our Counsaill, have set hereunto our signes. — [Undated.]" " Robouck Lynche, Mayor ; David Kyrvan and John Mares, Bayly vis, fol. [8]. in anno 1501." "John Lynche Fitz John, Mayor; Patrick Lynch and Walter Fitz fol. [9]. [Thomas] Lynche, Baylyvis, anno 1502." " Edmond Deane, Mayor; Cornell Fallon and William Kyrvan, fol. [10]. Baylyvis, in anno 1503." 2 " Stevne Lynch Fitz Dominick, Mayor; Edmond Athy and Robart fol. [11]. Lynch Fitz Martin, Baylyvis, in anno 1505 : " Masters : Fetter Lynche, John Athey, Dominicke Lynche, Androue Lynch, Robocke Lynche Fitz Henry, John Lynch Fitz Edmond, Jhamis Lynch Fitz Stevne, Jamys Lynch Fitz Martin, Edmond Deane, Olyver Lynche. — 10. " Statutes : " 1. — Item : It is orderid and statutid for the profitte and common welth of this town of Galwey, by the whoile courte with one assent, that is annye oute landish man or enny of the enhabitantes within the ffraunchiesse of the same town shall take or cause to be taken anny the enhabitauntes of this town either by word or dede, for anye discord, variaunce, hattred or ingerous 3 wordes or langauge spokin, movid or moshioned betwixte anny brother or neighboure of Galwey, so that one neighboure procure for evill will to his neighboure so to be taken as aforesaid, that then he which procurid the said taking, if it be so provid uppon him, shall ramsion 4 and restore agayn that person so taken by his advice, renderinge to him all such costes, lostes and damages as he shuld sustayne by the said takinge and the reste of all his goods to the prince and officers for the tyme beinge. " 2. — Item : That every man that answerith not the crye or skrimishe at every of the town gattes, at the begining, with his feansabull 5 weapon, to paie and forfayte xii.c/. a 3. — Item : That no householder of this towne be no hostler nor no maynteyner of the comon [w]horsse or harlots, on payn of vi.s. viii.d. 1 This name appears to have heen entered in error, instead of that of Geffere Lynch, who was Mayor in 1500, with the above-named Bailiffs. 2 The only entries on leaves [8], [9], and [10], are the headings above given. 3 Injurious. 4 Ransom. 5 Defensive. 392 HISTORICAL MANUSCRIPTS COMMISSION. Archives of " 4. — Item : That there be no sale bread, singill ale, nor honyed alle gSxway. De ma< J i u towne, but by fFre men. And that not to be done by them — without license of the officers for the time being, on payne to forfaite xii.e?. fol. [116]. "5. [1505.] Omnibus Christi fidelibus, ad quos presentes scriptuin per - venerit, Stephanus Lynche Fitz Dominicke, Maior ville Galvie, Edmundus Athi ac Robertus Linch Fitz Marten, tallivi, salutem : Noverit universi- tas vestra nos, unacum consensu et assensu (sic) ad bonum et utilitatein dedisse et concessisse et hoc presenti scripto r.ostro con- firmasse Waltero Marten, ejusdem ville mercatori, suisque heredibus et assignatis imperpetuum, spacium septem pedum inlatitudine [et] longitu- dine a vico predicto ex parte occidental usque ad murum dicte ville, ex parte orientali, nuper turrim factum de quodam tenemento perti- nente ad comunitatem dicte ville et quod, concessione et donacione ejusdem comunitatis, pro annuo censu tenet et possidet Johannes Blake Alius Walteri Blake. Ita . . . quod dictus Walterus Marten amoveat edificia ibidem edificata ad proximiorem locum contiguum ipsis septem pedibus ipsaque edificia rehedificabit, restaurabit et reparabit in eo statu quo modo fuit, suis propriis laboribus et expensis et similiter faciet et construct honestam et congruentem viam gradientem ad ascendendum ad dictum murum, ipsosque septem pedes decenter pavabit pro communi servicio at utilitate dicte communitatis. Et quia dictum tenementum fuit diminutum in spacio dictorum septem pedum, Maior, Ballivi, comburgenses et communi tas remiserunt et relaxaverunt dicto Johanni suisque heredibus imperpetuum sex denarios de redditu dicti tenementi. In cujus rei testimonium fcigillum nostrum commune presen- tibus apponi fecimus, datum Galvie, xvi.° die mensis Apprielis, anno regni Regis Henrici VII. xx°, et Domini m° d° v°. — Tempore Mathei Lurcan, Publici Notarii. fol. [12]. "Thomas Bodikin, Mayor; Richard Deane and Laynard Lynche, Baylyvis, in anno 1506 : a Masters : Pers Lynche, Androue Lynche, Dominicke Lynch Fitz John, John Lynch Fitz Edmond, Robouck Lynche, Jamis Lynch Fitz Martin, Jamys Lynche, Olyver Lynche, Edmond Deane, Stevne Lynche Fitz Dominicke. — 12 John Athy, (sic), 2 " Statutes [Blank] : fol. [13]. " Arrur Lynch, Mayor, Will [i Jam Josse and Antony Lynch, Baylyvis, in anno 1507, beinge drouned in falling over the west bridge at St. Kateryne day, the sayd yer, the 25 of November : " Masters : Petter Lynch, John Lynch, Dominicke Lynch, Jamys Lynch Fitz Martin, Rubock Lynch, Olyver Lynch, Edmond Deane, Stevne Lynch Fitz Dominick, John Athy, Thomas Bodiken, Androue Lynche, Jamis Lynch Fitz Stevne. — 12. 1 The writing in the preceding entry is indistinct and irregular. 2 See page 399. HISTORICAL MANUSCRIPTS COMMISSION. 393 u Statutes : Archives op Town of u 1. — Itera : That no boucher shail take no cnaye goulle nor skeinhglac Galwat. (sic) oute of no cowe that he sellith, and that they sell no fleshe, whether it be beffe, porke, or motton, and that to be veary good, beffor it be preysed by the officers in the shambles, uppon payne to ffbrfayte ii.s. sterling. " 2. — Item : That no botte 1 man [oor] dryve man shall not draue nor drinke nether by land nor sea no merchaunte [h]is wyne, he or they that so do to paye for the ffillinge of the said wyn whether it be bute, pipe or hoggised. " 3, — Item : That no botte men shall not gyve no merchantes salte to no man or woman, withoute license of the merchante, on payn to lese xii.d. " Stevne Lynch Fitz Domnick, Mayor ; Eichard Lynch and Will[i]am fol. 14. Maryse, Bayly vis, anno 1508 : " Masters : Dominick Lynche, Androue Lynch, Robucke Lynche, Jamys Lynche, John Lynche, Olyver Lynche, Edmond Deane, Jamys Lynch FitzMartin. — 10 (sic). John Athjr, " Statu[te]s: " 1. — Item : Whatsoever man, woman, or childe, be found foulling the streets or walles ether by night or day to lesse ii.e?. " 2. — Item : That every man make cleane befor his door ons 2 every wick. 3 And that no donge heape be made uppon the strettes on payn xii.J. " Stevne Lynch Fitz Jamys, Mayor ; Edmond French and Adam f ol r 15 -i Faunt, Baylyvis, anno 1509: '* Masters : Robuck Lynch, John Lynche Fitz Martin, Jamys Lynch, Olyver Lynche, John Athy, Walter Lynch, Androue Lynch, Thomas Bodikin. — 10 (sic). John Lynche, " Statutes : " 1. — Item : Whatsoever man or woman have any kyne in town shall keape them in ther houssis and clossis, both somer and winter, and if they be found uppon strettes to paye nii.d. " 2. — Item : That no swyne nor gottes 4 be keaptin town above fFourten dayes on payn of killinge both swyn and gottes, and the owner to aunswer for all such hinderances as they shuld do. ** Jhamys Lynch Fitz Stevn, Mayor ; Will [i] am Kyrvan and Vallyntin fol. 16. Ffrench, Baylevis, anno 1510 : " Masters : Robucke Lynch, John Lynch, Edmond Deane, Olyver Lynche, Stevne Lynch Fitz Dominick, Walter Lynche, John Athy, Thomas Bodikin, Androue Lynche, Stevn Lynch Fitz Jamis.-— 11 (sic). 1 Boat. 2 Once. 3 Week. 4 Goats. 394 HISTORICAL MANUSCRIPTS COMMISSION. Archives of « Statutes : Town op Galway. "i, — Item: Whatsoever botteman 1 or maister that recevith mete, drinke and wages for bringe of wode or trovis, 2 and would convey or bringe to his own use anny of the said wod or trovis, to forfaite im.d. " 2. — Item : If the porters do suffer or admitte anny man to bring in wode, troffe, 3 or vattill, 4 but onely with the owners thereof, on payne to forfaite iiii.c?. " 3. — Item : That every ^couper shall gyve towe 5 toune hopis 6 for a penye, three pipe hopis for a pennye, thre hoggsedes and barraill hopis for a penye. " 4. — Item : That the shore men 7 or cotteners shall gyve fyve baunlac six seven baunlac of Irise for towe pence, eight baunlac nyne baunlac ten baunlac for thre pence. " 5. — Item : That the said cotteners shall shore 8 a dosen for eight pence of brod cloth, and a shore 9 mantill for tenpence, on payn to forfaite xii.d. fol [17]. "Jhamys Lynch Fitz Geffere, Mayor; and Steivn French and Nicholas Fitz Arture Lynch, Bayly vis, in anno 1511 : " Masters : Robucke Lynch, Walter Lynch, Jamys Lynch Fitz Stevn, Thomas Bodikin, Androue Lynch, Stevn Lynch Fitz Jamis, Jamys Lynch Fitz Martin, John Athy. — 10 (sic). Stevn Lynch Fitz Dominick, * Statutes : " 1. — Item : That no butter be sold above a peny apound, and no dearer on payne to lesse xii.d. And his body to be put in prison that doth the contrarye. " 2. — Item : That all kinde of corne or grayne that comith oute of the same contry to be sold in the market place shall be sold and ratiffied acording the plentines of the yere, and the buyer to pay the clarckes fees and the seller the measure. " 3. — Item : Whatsoever man of the town is callid or warnid to queste or sisse 10 and aunswerith not to the same, to forfate xii.d. " 4. — Item : That no aliannt nor strangers shalbe loghgers ne in town nor land, nor nothinge of ther goodes be brought a land but to make sellers of ther shipis untill such tyme they be boughte by the towne r on payn to forfait all ther goodes so brought a land. And that to be devid[ed] as aforsaid. "Jhamys Lynch Fitz Martyn, Mayor, Wyll[i]am Athy and Laurence Bodikin, Baylives, anno 1512 : " Masters : Robuck Lynch, Jamys Fitz Stevn, Androwe Lynch Fitz Stevn, Thomas Bodiken, Stevn Lynch Fitz Dominick, Stevn Lynch Fitz Jamys, Jamys Lynch Fitz Geffre, Walter Lynche. — 9 (sic). i Boatman. 2 , 3 Turf. 4 Wattle. 5 Two. 6 Hoops. 7 Shearmen. s , 11 Shear. 10 Assize. HISTORICAL MANUSCRIPTS COMMISSION. 395 " Statutes : Archives of Town op " 1. — Item : That no corne be burnid nor skorcliid within any housse Gaway. or within this town, for escheuinge the danger of the ffyre, on payne to losse vi.s. xiii.d. " 2. — Item : That all ydell men and women, whether they be house- holders or not, that is not able to paie wa[t]ch tax, ne talladge, to be expulshid oute of the town by the officers, on payn to lesse xi.s. viiid. " 3. — Item : That the fishers of the logh bringe to the market thre dais in the wicke, and to give an hundrid elies 1 for towe pence. "Walter Lynch Fitz Thomas, Mayor; Jonock Kyrvan and Jamys fol. [19]. Skeret, Baylyvs, anno 1513 : " Masters : Thomas Bodikin, Stevn Lynch Fitz Dominick, Steven Linch Fitz Jamys, Jamys Linch Fitz GefFre. — 9 (sic) . Statutes : " 1. Item : That no honie be brought to town but it be good and merchantable, by overseinge of such as shalbe electid and chossen by the Maior and Counsaill for the time beinge yerlie. " 2. — Item : That the Mayor for the tyme beinge shall chosse every yere towe Constables in every quarter of the town to ayd and assiste him to put the said statuts in execucion from tyme to tyme. " 3. — Item : It is orderid that every pipe, butt or barayll that ys not in gadge, 2 to losse the same without any grace. " 4. — Item : That no dweller of this towne become suertie for no gent[lemen] of the countrey, ne ramson none of them in such wise the town shuld take any hurte thereby ; and if ther shuld come anny hurte to the town, that then the said surties to answer all such as might come thereby. " Stevne Lynche Fitz Walter, Mayor ; Bobert Lynch Fitz John and fol. [20]. Edmond Athy, Bailyvis, anno 1514 : " Maisters : Robucke Lynche, Walter Lynch Fitz Thomas, Jamys Lynch Fitz Stevn, Stevn Lynch Fitz Jamys, Androue Lynch Fitz Stevn, Jamys Lynch Fitz Geffre. — 8 (sic) . Stevn Lynch Fitz Dominick, " Statutes : " 1. — Item : It is orderied that none of the town shall by no cattail! oute of the contry, but onelye of treue men ; and if ther shuld anny hurte come to the town by meanes of that cattail I bought other wyse but of treue men, the bier thereof to make amends the hurtes so sustained by him. " 2. — Item : It is orderid that the Maior, Wardian and Bailiefes for the tyme beinge shalbe furst servid of fish and fleshe, both in market and shambles ; and after, every man to be servid, accordinge as they come to b[u]y ther meate. And if any man shuld take from another man his meat, after it fell to him by lotte or calling, he that would so take the meate to lesse the same, and also to Iforfaite xii.d. Robuck Lynch, Jamys Lynch Fitz Stevne, Androue Lynch, Jamys Lynch Fitz Martin, 1 Eels. 2 Gauge. 396 HISTORICAL MANUSCRIPTS COMMISSION. Archives of " 3. — Item : It is orderid that if anny of this town, free or unfree, Galwat. shuld go abord annye shipe wher[e] ther is merchandice to be sold to — buy the same, or conveie anny Irish man abord the same, withoute Jicense of the officers, to forfait such goodes as he or they hath bought and xx.s. and his body to prison. fol. [21]. Jhamys Lynch Fitz Stevn, Mayor; John Lynche Fitz Dominick and John Maris, Bailyves, anno 1515 : " Masters : Robucke Lynch, Jamys Lynch, Androue Linch, Stevn Linch Fitz J., Jamys Lynch, Walter Linch, Stevn Fitz Dominick, Stevn Fitz Walter. — 9 (sic). " Statutes : " 1. — Item : It is orderid that if anny freman of this town be arestid or comittid to prisson for any deue 1 debte or accion by him so owinge, he to fynd suficient surties to be recordid in the Regester-Booke, to save the officers harmles. And also to keape the acostomid liberties of the said courte-housse. To . . . the moste to the crosse (sic). And goinge or passinge the said liberties, the said surtie to remayne under crabbe locke, and ther to remayne untill such tyme he laie the dettor ther as he found him or elles to satisfie and contente the creditors of his debetes. " 2. — Item : It is orderid that whatsoever person shuld go oute of the gattes and liberties or fraunchies of the same toun to buy hides or to make bargayn for the same, he that will so do to forfayte the hides so bought by him and also the goodes. " 3. — Item : It is orderid that ihe Maister of the Spittill-housse and keapers of the Abbaies easte and weste shall not take to ther custodie in keapinge no hides nor lyncloth but from ev[e]nsonge tyme fourth unto the next morninge ; and to delyver the same hides and lyncloth to the owners to be brought in to the markete. Otherwise, if they shuld so detayn and keape the said wares, to forfait and paye for every tyme they committinge the same faulte, vi.s. viii.e?. fol. [22]. " Stevne Lynch Fitz Jamys, Mayor ; John Fitz Androwe and Thomas Kyrvan, Bayly vis, anno 1516 : " Masters : Robuck Lynch, Jamys Lynch, Androue Lynch, Walter Lynche, Jamys Lynch Fitz Martin, Stevn Lynch Fitz J., Stevne Fitz Dominick, Stevn Fitz Walter. — 9 (sic). Statutes : " 1. — Item : That every of the statte of this town, when they are warnid to come to the courte-housse, shall sit every man acording his degre and callinge, and also shall were and use ther gouins every principall courte daye in the same courte-housse, on payn to lesse for every of both faultes iiii.c?. " 2. — Item : That no lazer 2 nor infecte paupers or poore shall come or enter within the town to aske ther allmys, but ther clerke or heade master for the tyme beinge with ther bell, on payn ther clerke or governor to forfayt xii.d. " 3. — Item : That no man of this town shall not lende galley, botte, nor barque, long, small, or great, to no Irishe man, nor yet sell none of 1 Due. 2 Leper. HISTORICAL MANUSCRIPTS COMMISSION. 397 them, nor no furnitors or necessary to them appertayninge, as pich, Archives os canvas, rossen, ropis, hordes, yerne, 1 or yeirne, 2 or any tliinge elles to galwa? them belonginge, withoute license of the Mayor and Counsaill for the — tyme beinge, on payne to losse and forfayt the said galley, botte, barque, and stuffe, and also an hundred shillinges. And further, if ther shuld chaunce or fortune anny lostes or hinderaunce to come to this towne or eny the enhabitaunce of the same, through the lendinge or sellinge of anny the said vesselis, he that so lendith or sellitb the same, his body to remayn in prisson untill such tyme he makith amendes of all such hurtes. " Stevne Fitz Dominick, Major ; Gabriell Lynche and Martyn Fitz f l. [23]. John Lynche, Bayly vis, anno 1517 : " Masters : Robucke Lynche, Walter Lynch, Androue Lj T nch, Stevn Fitz Jamys, Jamys Lynch, Stevn Fitz Walter. — 8 (sic). Jamys Lynch Fitz Martin, " Statutes : " 1. — Item : That none of this towne shall gyve ne sell pertly 3 nor openlye to no Irishe, nor none suspectid persons in waye of rebellion, anny invincion, as hand-gounis, callivers, poulder, leade, nor sall-petter, nor yet longe-bouis, crosboues, crosboue stringes, nor yearn 4 to make the same, nor no kynde of weapon elles, on payn to forfaite the same municion and also an hundred shillinges. Likewysse if anny hurte or lostes come to the town through selling of the same, he that so sellith it his body to remayn in prisson untill such tyme he makith amendes of such hurtes. " 2. — Item : That every shippe that comith afishinge within the havin of Galwey shall paye half tethes 5 to the Colladge 6 of all suche fishe as they shall take within the said havin, yf they take fyre, watter, and service within the said town or havin. Also that every tope man paye xl.s. and every small man xx.s. and iiii.li. of goun-poulder to the town and Corporacion. " 3. Item : It ys orderid for evill dispozed persons, after the election of the Maior a Michalmas daye, that all the stattes and worship[f]ull shall ffolowe the Mayor to his doore and that no man shall enter in, but such as are bidden, on payn [of] vi.s. viii.e/. "John Bodikin, Mayor; Dominick Dean, and Martin Lynch Fitz fol. [24], Jamys, Bailyves, anno 1518 : u Masters : Jamys Lynch Fitz Stevn, Stevn Fitz Dominick, Androue Lynch, Jamys Fitz Genre, Jamys Lynch Fitz Marten, Stevn Fitz Jamys, Walter Lynch, Stevn Fitz Walter. — 9 (sic). " Statutes : " 1. — Item : It is statutid that whatsoever man or woman of this town saye that he will have the town pledge to be made by anny Irish man, *, 4 Yarn. 2 Iron. 3 Privately. 5 Tithes. 6 Of St. Nicholas. 398 HISTORICAL MANUSCRIPTS COMMISSION. A *Towx E o ° F evei 7 ty™ so p ^inge, to forfait xi\,d., and if anny man shuld bringe GalVat. anny Irish man to brage or boste uppon the town, to forfait xii.<7. *' 2. — Item : That no man of this town shall [h]oste or receve intother houssis at Christemas, Easter, nor no feaste elles, enny of the Burkes, MacWillams, the Kellies, nor no cepte elles, withoute license of the Mayor and Counsaill for the tyme beinge, on pajn to forffavt v. It. " 3. — Item : That no fre man shall departe or leve the town withoute license of the Mayor for the tyme beinge, on payne to paye for every tyme makinge defaute xx.s. fol. [25]. " Wyll[i]am Martin, Mayor; Bartholome Faunt and Richard Martin, Bayly vis, in anno 1519 : " Masters : Androwe Lynche, Jamys Lynch Fitz Geffre, Jamys Lynch Fitz Martin, Stevn Fitz Jamys, Walter Lynch, Stevn Fitz Walter, Stevn Fitz Dominick, John Bodikin. — 9 (sic). Statutes : " 1. — Item : It is ordered that if anny man, fre or uniFre, be founde by nighte tyme in anny mans housse to have coupillacion or to do with the good mans servante mayd or doughter by waye of advoutery to lesse xxs. " And also to the good man in whos housse the same person is founde with the said facte or cryme, to lesse so to that good man, xxs. " 2. — Item : If annye man, of what degre soever he be of, shall have to do by copullacion or dede with anny freman or merchandes doughter, conceving or begettinge hir with childe, shall furthewith marye hir, or elles to gyve hir such goodes as shallbe lawfull towards hir prefermente untill another maie. " 3. — Item : That no Irish judge nor lawior shall plede in no mans causse or matter within this our Court, for it agreith not with the Kings lawes. ne yet the Emprors in many placis. f L 26. " Martin Faunt, Mayor ; Richarde Blake and Olyver Ffrench, Baylyvis, in anno 1520 : " Masters : Androue Lynche, Stevn Lynch Fitz J., Jamys Lynche, Stevne Lynch Fitz Walter, Walter Lynch, John Bodikin, Stevn Fitz Dominicke, William Martin. — 10 (sic). Jamys Lynch Fitz Gr., Statutes : " 1 . — Item : Whatsoever man or woman, being unffre, keape anny cow- hides, salt, fresh or drye, within ther houssis or custodye farther or longer than towe nightes, the said hides withoute anny grace to be ffor- faytide, and also the good man or woman that keepith the same to forfayte vi..9. viii.rf. " 2. — Item : It is orderid that no preste, moncke, ne shanon (canon), nor frer, shall have no whore ne leman in anye mans housse within this town, and that man which keapith or hostith the said whore or lymon to forfait to the officers so beinge xx.s. " 3. — Item : It ys orderid that the waves of runninge watters and streams within the wallis of this town shalbe keapt cleane, not (sic) make HISTORICAL MANUSCRIPTS COMMISSION. 399 gottcrs or pry vies theruppon, which were not acostomide in old tyme Archives os as good auncient men did approve by ther booke-othe, nor non to be gSxway. made without license of the Mayor and Counsaill. — " Anthony Lynch, Mayor; Artor Lynch and Wyllick Lynch, Bailyvs, fol. 27. in anno 1521 : " Masters : Androue Lynch, Stevn Lynch Fitz G[effere], Jamys Lynch, Stevn Lynch Fitz W [alter], Walter Lynch, Jamis Lynch, Stevn Lynch, John Bodikin, Jamys Lynch, Will[i]ani Martin. — 11 (sic)} Statutes : " 1. — Item : It ys orderid and established, and confirmid for ever^that no man shall buld, make or repayre anny straue or tache (thatched) housse, for fear of fyre and burninge, no nigher the town walles then fourtenth fottes, unlesse they be covered with sklattes (slates) and that to be the heades of the strettes, as to saye, the both sides of the great gate, and both sides of the neue toure, and both sides of the litill gattes, excepte both the great stone housses, as Marten and John Lynch [h]is houssis, and also John Cayre [h]ys housse to be excepitid, if be cover the same with sklatts. " 2.— Item : It is orderid that the Mayor for the tyme beinge shall choise and electe towe men every yere for orderinge of such variaunce as shalbe betwixt the merchauntes of the town and others for merchandize in contryversie betwixt them, as in takinge and recevinge of cowe hides. " 3. — Item : Yt it is ordered, for feare and dreade of the pestilence and common diseases, that no man shall go aborde anny shipe or barque withoute license of the Mayor and officers for the tyme beinge, untill further experience be knouin, to bring anny warres or invys, on payne to forfayt iin.s. " Stevne Lynch Fitz Dominick, Mayor; John French and John fol. [28]. Ffallon, Bailyvis, in anno 1522 : " Masters : Jamys Lynch Fitz Martin, John Bodikin, Walter Lynch, Will [i] am Martin, Jamys Lynch Fitz G., Martin Faunte, Stevn Lynch Fitz J., Antony Lynch. — 10. Stevne Lynch Fitz W., Statutes : " 1. — Item : It is ordered, statutid and established for ever, that what soever person or persons of this towne, of what degre he or they be of, doth bracke or disobey the Mayor or officers [h]is arestment, to forfayte and losse towe hundrid shillinges, to saye, the one half to the Mayor and officers, and the other half to the comon workes. And his bodie to be put in the lowest prisson, ther to remayne eight and forty hours. 1 In connexion with the subsequent lists of " Masters," it has not been considered necessary to add indications that the numbers appended to the names are printed as they stand in the MS. The Mayor for the year appears to have been usually included in the computation of the total number of " Masters." See p. 416. 400 HISTORICAL MANUSCRIPTS COMMISSION. "2. — Item : That no man of this town shall syll ne lend to no outlandish man no kynde of armor, as shorte 1 of maylle, ne skoll, 2 nor no other complimente armor ne harnies, on payn of xx.s. " 3. — Item : That it ys orderid that no merchaunte of this towne shall not gyve no coumpilmente 3 to no man havinge not his fredome, excepte it be maryners ; and the said maryners not to retaylle no merchandiz. Also, that no man shalbe made fre unlesse he can specke the Englishe tonge and shave his upper lipe wicklye, 4 on payu to lose xx.s. " Stevne Lynch Fitz Jhamys, Mayor ; Thomas Kyrvan and Petter Lynch, Bayly vs, anno 1523 : " Masters : John Bodikin, Will[i]am Martin, Marten Ffaunte, Antony Lynch. — 10. Statutes : " 1 . — Item : It ys orderid, ennactid and established, that every Mayor for the tyme beinge shall have acompte and reckninge of the costome of the Mayor and Bailyves of the yeres paste, and that within foure wickes next after Sainct Michell, the Archangill. And the next daye foloue- ing the takeinge of the said acompte, the said Mayor shall take accompte of the Church Proctors, and as well of the Proctors of the Graye Ffreres yerlye, on payn to losse ther wages. Further, the Mayor for the tyme beinge and the Mayor choieseu for the next yere, with such of ther Counsaill as they shall appoyncte, shall four or fyve dayes befor Michalmas yerly take and receve the accompte of the subsidye of the recevers thereof. " 2. — Item : It is ordered that no town dweller shall meddell nor interrupte nor occupie no mans occupacion or sience, on payn of forfaiteing of xii.d., but only his own sienc, and also to forfayte and losse all such parcel! of worke that is found within his housse contrary to his own occupacion, excepte foure coupells in every quarter appoynctid for common vittlers and hostlers by the officers for tyme beinge. — xiid. 66 Adame Faunt, Mayor ; Richarde Faunte and Ambrose Lynch Fitz Jhamys, Bailyvs, anno 1524 : " Masters : John Bodykin, Will [i] am Martin, Marten Ffaunte, Antony Lynch. — 10. Statutes : « i. — Item : It is orderid and established for the comonnwelth of this town that whatsoever mane of the game buy or bargayn anny goodes or merchandiz of any strange shipe merchant or maryners withoute lycense of the Mayor and officers, he or they that so doth to forfayte towe hundrid shillinges, with as much wares as he had boughte, notwith- standinge he or they to satisfie and content the stranger or merchaunte Aechivbs of Town of Galway. fol. 29. Stevn Lynch Fitz D., Jahmis Lynch Fitz M., Walter Lynch Fitz T., Jamys Lynch Fitz G., Stevn Lynch Fitz W., Stevn Lynch Fitz J,, Walter Lynch Fitz T., Stevne Lynch Fitz D., Jahmis Lynch Fitz G., Stevn Lynch Fitz W., 1 Shirt. 2 Kind of helmet. 3 Partnership. « Weekly. HISTORICAL MANUSCRIPTS COMMISSION, 401 ficordinge his bargayn or promisse for the same wares. And further, it Archiyes o* is orderid that if any man engrosse or profer more to anny man or galwat* stranger for his wares then the Mayor and Counsaill did offer or profer — to him for the utilitie of this towne, he or they that so would do, they to paye withoute any grace or remedy one hundrid shillinges, to be devidid into thre parties, the one parte to the Mayor and officers, the second part to the common workes, and the thirde parte to the repayra- cion of the church. " 2. — Item : It ys ordered and established that whatsoever man of this town doth conducte or leade any shipe or shippis oute of this porte or havin, commyng ther uppon thir own head and venture, pertayning to no man of the same perticullarly, withoute license of the officers, into any other parte or cricke, to forfaite and paye, without any grace, forty poundes, and also what pilote or lodeman of the same town doth conducte or leade the same, he himself to forfayt in like manner forty shillinges withoute any remedye. "Will[i]am Martin, Mayor; Walter Lincb Fitz John and Henrye fol. 31. Jose, Bailyvs, in anno 1525 : " Masters : Stevn Lynch Fitz J., John Bodikin, Stevne Lynch Fitz D., Marten Faunt, Jamys Linch Fitz G-., Antony Lynch, Stevne Lynch Fitz W., Adame Faunte.— 9. " Statutes : " 1. — Item : It ys orderied for the commonwelth of this town that if any man of the same do lade or freight anny Irish galley, barque or botte, to this town, wherby the town shuld sustayn any hinderaunce or lostes by the same galley, botte, or barque, comynge. goinge, or duringe ther remayninge here, or within towe days after ther departinge oute of this porte or havin, he or they that so bringith or frightith them to make restorraunce and amendes (sic.) so done during that viadge by them, withoute remedy or grace. " 2.- — Item : It is ordered, by the wholle assent of the Counsaill, that whatsoever person or persons speackith anny yngerous and sclanderos worde or checke to the Mayor, to forfaite an hundrid shillinges, and his body to be put in prisson. Likewise, if any man shulde saye any sclanderous worde to the Bay le vis, to forfaite fifty e shillinges. Also, if anny man shuld misuse or sclander by wordes anny of thos that hath bene Mayors, to forfaite to them xxvi.s. viii.c?, And if any man shuld sclander or cheke these that hath bene Bailieves, to forfite to them xiii.s. iiii.e?. And if anny bachler shuld sclander an other bachler, to forfayte to s him yi.s. viii.c?. And if unmaried and yonge men shuld sclander one another, to forfayte and paye iii.s. iiii.d. " Stevne Lynch Fitz Jhamys, Mayor ; Marcus French and Thomas fol. 32. Blake, Bayly vis, in anno 1526 : " Masters : Stevn [Lynch] Fitz D., Will[i]am Marten, Jamys Lynch Fitz G\, Marten Ffaunte, Stevne Fitz W., Anthony Lynch. — 8. John Bodiken, Statutes : 1 . — " Item : It is ordered and established that no carpender nor masson shall not have for his hyre and wages but ii.d. naturallie every daye, with meate and drincke. And that no carpender nor masson shall have no O 84068. c c 402 HISTORICAL MANUSCRIPTS COMMISSION. Archives of workeman but that which shallbe laufull workeman in that sience. And Gaxwat. ^ ne ^ e n0 S ooc * workeman, they to have accordinge as the master of — that occupation shall adward for the tyme being. And also that no masson nor carpender shall have no meate on hollye dayes on thos [for] whom he workith, onlesse he be hired for a certayn seasson, as quarter, half- quarter, or suche like ; he or they that would not be obedient to this acte and statut, soe forfayt ii.s. " 2. — Item : It is ordered and statutid that every man or woman which niakith aquavitie, honied alle 1 [or] singill alle to be ratiffied and sold, to paye the accostomid ratte 2 to the silver boxe. " 3. — Item : It is ordered by the assente of the wholle Counsaill that if anny man or woman make deffaute within the same town and will not abyde the judgmente and order of the Mayor and Counsaill, but will convey him oute of the town under any Irishman [h]is salfe garde or winges, wherby he might procure the lostes and hinderaunce of the town to be done by his advice and procurement ; and if so be that he maye be founde ever after in this towne, to be staied untill such tyme he make amendes for the same lostes, and also to fynd sufficient surties never to departe nor do the like faulte or cryme for ever after. fol. 33. " Wyll[i]ame Maries, Mayor ; Richard Bodikin and Thomas Lynche Fitz Stevn, Bailyvis, anno 1527 : u Masters : Stevn Lynch Fitz D., John Bodiken, Stevne Fitz J. Lynch, Will[i]am Marten, Jamys Lynch Fitz G., Marten Ffaunt, Stevn Lynch Fitz W., Antony Lynch. — 9. Statutes : " 1. — Item : Yt ys ordered, enactid and statutid that what so ever man is found, of what degre or condicion so ever he be of, plainge at choyttes 3 or stonis but onely to shute in longe bowes, shorte crosboues and hur- linge of dartes or speres, to lesse at every tyme so founde in doinge the same viii.e?., and also at no tyme to use ne ocupye thehorlinge of the litill balle with hockie stickes or staves, nor use no hande ball to playe with- out the walles, but onely the great foote balle, on payn of the paynis above lymittid. " 2. — Item : It ys ordered and estabilished that from henchforth there shall be no more spent at the denner at the daye the acompte of the custome ys mad and recevid but vi.s. viii.rf. and that there goeth none with the Mayor to that denner but the xii. Aldermen and such as shall be asistinge the Mayor with such other honneste men of his Coun- sayllers as hath bene officers. " 3. — Item : It is orderid and estabilished for the common welth of this town that no person shall not seue 4 ne looke nor yet aske anny of the common landes of this town within ne wythoute, nor yet the Counsaill or commens maye not gyve ne graunte the same to no man, unlesse it be for a yerly rent, stipend, or proffite for the comon welth and workes of the same town. fol. [34] . " John Lynch Fitz Androw, Mayor ; Richard Kirvane and Johnoc- kyne Lynch, Bayly vis, anno 1528 : x Ale. 2 Kate. 3 Quoits. 4 Sue. HISTORICAL MANUSCRIPTS COMMISSION. 403 " Masters : Archives o* Town op Stevne Lynch Fitz. D., Will[i]am Martin, Gixway. Stevn Lynch Fitz. J., Marten Ffaunte, Jamys Lynch Fitz. GK, Antony Lynch, Stevn Lynch Fitz. W., Wili[i]am Mares.— 10. John Bodiken, Statutes : (i 1. — Item : It ys orderied and ennactid that what soever person or persons of this towne buy anny tethes 1 beinge in contryversie and vary- aunce, wherby anny man of this town shuld take lostes or hinderaunce therby, he or they that bieth the same tethes shall save, dischardge and keape harmles that person so beinge hurte or hinderid by meanes of that tethes so bought by him ; and also shall paye and contente both parties for the said tethes, in escheuinge the truble or hurtes that might enseue to this town or enhabitauntes thereof for the byinge of the same teithes and especiallie the thethes ' 2 of Knockmoye. 3 " 2. — Item : It is orderied and enactid that no boucher of this town shall not sell no hide to no stranger but onely to ffre men of the same. And that the Bailiefe shall not priese 4 no flesh in the shamblis as beffe, unlesse he can get a tiket or bill of the merchanndes hand with the boucher to whom he had sold the same, on payne to forfaite hide or beffe. " 3. — Item : It ys ordered that in what housse, shope or seller 5 ther be founde players at cardes, dyce, tabulles, nor no other unlawfull gamys for monye, by younge men and specialle by prentisys nor Irishe men, on payn to lose that some or quauntit of such monye as they playe for. And also the housse, seller, or shope wherin they playe to paye, excepte it be for meate and drink, and the same to be done by honeste men for recreacion, — xx.s. [1530.]— The iiiith daye of Maye the raigne of King Henry the Eight fol. [346]. xxii, and of our Lord God m° d° xxx°, Will[i]am Marten of Galwey, merchant, came and aperid in the Courte housse of this town, the daye and yere above written, and then dessired of the Courte and Comens Thomas Marten [h]is saut, 6 the which saut was jugid uppon the town by Pers Lynch for the towne [h]ys parte and by McKigan 7 for the country [h]is parte, in so much that it was condessendid by the said Courte and Comens to relax to the said Will[i]am Marten, as hejrre to Thomas, of the rent that he owith of the tennement to the Comens yerlye iii.s. iiii.c?., as mor playner it apperith in a payr of indenturs betwixt the said Will[i]am and Comens, the which relaxion was gyvin to Will[i]am in recompenc of the slaght 8 and saut of Thomas Marten, and the said Will[i]am and his heyres by thes presentes make the said town and Commens quite and clere for ever as touchinge the said slaght and saut. Writtin at Galwy, the daye and yer abovsayd, by Matheue Lurcan. " Richarde Lynch, Mayor ; Edmonde Lynch and Frances Blake, fol. 35. Bailevis, anno 1529: " Masters : Stevne Lynch Fitz. D., Will[i]am Marten, Stevne Lynche Fitz. J., Marten Ffaunte, Jamys Lynch Fitz. GK, Antonye Lynch, Stevne Lynch Fitz. W., Will[i]am Mares.— 10. John Bodikin, \ 2 Tithes 3 In county of Galway. 4 Appraise. 5 Cellar. 6 Ransom for murder or manslaughter. 7 Mac Egan, of the family of Brehons, or Irish jurists, of that name. 8 Slaughter. C C 2 404 TTTSTOPJCAL MANUSCRIPTS COMMISSION. Archives of Statutes : Town of Gal way. « l. — Iiem : It ys statutid that no stayres be made uppon the common strettes, on payne to brecke and oner thro we them doune. " 2. — Item : That no dwellers of this town, beingenot fire in the same, shall not sell no frishe mantills, lyncloth nor hides to no alyaunte nor stranger, on payn to lesse and forffuyte the same warres withoute any grace. " 3. — Item : That no man, woman, ne child shall not enter or go within anny mans bottes, except ther own, to buy or engrosse the fishe, but suffer them to bringe the same to the comon shamblis ther to be sold, on payne of two shillings. "4. — Item: It is orderid and statutid by the assente of the wholle Courte, that what so ever man of the contry will or shall spoyli, robbe or wounde eny enhabitaunc of this town ether by lande or watter, shall have no reschue nor pryviledge in no mans housse within this town for sueh a fault so committid, unlesse it be only for deue debte. fol. 36. " Jhonock Kirvane, Mayor ; Marcus Lynch and Stevne Lynch Fitz Artor, Bailevis, anno 1530 : " Masters : Will[i]am Marten, Marten Ffaunt, Antonye Lynch, Will[i]am Mares, Richard Lynch. — 10. " Statutes : " I . — Item : It ys orderid and established that no man, of what degre so ever he or they be of, shall not till nor erre 1 none of the comon grounde, on payn to lesse so much as he or they do till. And also vi.s. viii.rf. 16 2. — Item : It is statutid with one assent that no haukes be compre- hendid for merchandice of anny contry thatisbounde to anny man of this towne, but it is laufull to every man to whom he will withoute any impedimente or contradiction of him that hath the contrye bounde to him. " 3. — Item : It ys orderid that what so ever preste or vicare of the Colladge 2 of the town befounde with enny faulte or creyme, or oppenly knouin by him, to lesse to the officers one hundrid shillinges, and also to lesse ther benifice. And also if he or they kettpe anny whore, beinge with child or bearinge children, to paye the above penaltie. fol. 37. " Jhamis Skeret, Mayor; Walter Skeret and John Lynch Fitz John, Baylevis, in anno 1531 : " Masters : Richard Lynch, Will[i]am Mares, Antonye Lynch, Johnocke Kyrvane. — 10. Statutes : " 1. — Item : It is ordered, enactid and established, that whatsoever preste or vicare of the Colladge 3 shuld enter or come into anny mans housse uppon Stevne Fitz Dominick, Stevn Lynch Fitz J., Jamys Lynch Fitz G., Stevn Lynch Fitz W., John Bodiken, Stevn Lynche Fitz J., Stevn Lynch Fitz W ., John Bodiken, Will[i]am Marten, Marten Faunte, Plough* 2 , 3 Of St. Nicholas. HISTORICAL MANUSCRIPTS COMMISSION. 405 his own head to take a pledge for his mortuarye, 1 befor the corpus or Archives of corce be berried, or meadiatly after his burin go, but if the said preste Gawat! or vicary can not get the same mortuary by fayr means, then he maye — complayne to the officers for the tyme beinge : atherwisse, the said preste or vicare that so doth to forfayte and paye xx.s., the Mayer and officers being ahvay bounde to put the same in execution. " 2. — Item : It ys ordered, enactid and established for ever more that what so ever payne, fforfaites, and penolties doth chaunce to ffalle or growe yerlye on thes that breacke or alter the common lawes, statutes and ordinances of this townc, as fare as the said actes and statutes doth exstende, shalbe devidid into thre equall parties, to saye, one parte to the Mayor and officers for the tyme being for putinge the same forfaytes and penolties in execucion, an other parte to be gyvin to the repayracion of Gods housse, the church ; the third parte to be gyvin towards the building of the common workes. " Antonye Lynch, Mayor ; Marcus Lynch and Jolmock Lynch Fitz fol. 38. Stevne, Bailevis, anno 1532: " Masters : Stevne Lynch Fitz J., "Will [i] am Mares, Stevn Lynch Fitz AV., Johnock Kyrvane, John Bodiken, Jhamis Skeret, Will[i]am Marten, Richard Lynch. — 9. " Statutes. " 1. — Item : It ys ordered and enacted that no man of this town shall departe or leave the town after the gattes beinge closid or shutte to make or take any mans pledge or paune for his owne accion or debte or for any other, if he be a bachler that so doth to paye xx. s. if he be man that hathe bene in office to paye xl. l« 48 » " Jhonickin Lynch, Maior ; Edmond Kirvane and Edmond Bodiken, BayliefFes, in anno 1543: Henrye Jose, John Bodiken, Will [i] am Marten, Antony Lynch, Jhamis Skeret, Kichard Blake, " Masters : Thomas Kyrvan, Richard Marten, Marten Lynch, John French, Dominicke Lynch. — 11. " Statutes : " 1. — Item : It [is] orderede, edictid and established, that no artifficer nor no man of sienc not fire in this town shall have no kynd of merchandiz in ther houssis shopis or wyndous to be sold to strangers as lyncloth, finesse or hides on payn of furfey tinge the same. And also that no unffre men of the same shalbe brockers or forspeackers ffor anny strangers on payn to forfayte xx.s. and his body to remayn in the lowist prison xxiiii. houres withoute anny grace, fol. 49. "Edmond Lynch, Maior; Will[i]ame Lynch and Thomas Lynche, Baylieffes, in anno 1 544 : " M asters : Johnockin Lynch, Richard Blake, Henry Jose, Thomas Kyrvan, John Bodiken, Richard Marten, Will[i 'am Marten, Marten Lynch, Antony Lynch, John French, Jhamys Skeret, Dominicke Lynch. — 13. " Statutes : " 1. — Item : It ys ordered, edicted and statutid by the Counsaill, with one assente, that no prestes, 2 sergantes, leches, 3 clerkes, town meassengers or Irishe meassengers, porters, norssys, 4 childrin, myllers, backers, 5 sho- 1 Privately. 2 Priests. 3 Physicians. 4 Nurses. 5 Bakers. HISTORICAL MANUSCRIPTS COMMISSION. 411 makers, bouchers, 1 or anny others shall not come to no mans housse at Archives of Cristemas, Easter or other feastes, to dessyre any offreinges or denties galwa? during the holy days or within xii. days after any the said feastes. And — also the ffrers 2 of the relygyus houssis to have ther tethe 3 bread withoute every mans dore. And for as much as Our Lady ['s] 4 preste and clercke, seriantes and lecheis must have offeringes in respecte of ther wadges, it ys ordered that the same shalbe gyvin to them in a convenient place ther, as the Mayor and officers shall appoyncte ; and if any of thos persons be found goinge to any mans housse to aske thos offeringes to forfayte and paye vi. .3. " Domynick Lynch Fitz J., Mayor ; John Jose and Dominick Ffrench, Baylieffes, in anno 1548 : " Masters : Edmoud Lynch, Johnickin Lynch, Thomas Blacke, Stevn Lynch Fitz A. — 10. " Statutes : ;< 1. — Item : Yt ys ordered, edicted and statutid, for the utilitie and common welth of this town, that if any gent[leman] by easte or weste take and apprehend any the townis adversaries who doth spoyll and robe 8 the Comens of the same of ther provicion and merchandiz by land or sea, and sending that naughty person into this town to answer for such faultes and crymis so comittid by him or them to this town, that, immediatlye uppon that mallefactor [h]is cominge, ther shall a queste 9 passe on him, and if the queste 10 condemne him to death, the Mayor and officers forthwith shall put that person so condemnid to execucion, withoute anny respecte of grace or favore. And if the officers necglecte to put the same person to execucion, wherby he might make an eskape, the said officers so necglectinge ther deuties to paye and forfait xx. li., and also they to aunswer all hurtes and domages as the sayd fellon commitid afor his take, and such as he would do after his escape to the enhabitaunce of this town. Thomas Kyrvan, John Bodiken, Jhamis Skeret, llichard Marten, Marten Lynch, fol. 54. " Thomase Marten, Maiore Bailieffes, in anno 1549 : GivaDe Fannt and Jhamys Ffrench, Masters Henry Jose, Johnikin Lynch, Edmond Lynch, Thomas Blake, Stevne Fitz A.— 12. Dominicke Lynch, John Bodiken, Jamys Skeret, Eichard Blake, Richard Marten, Marten Lynch, " Statutes : " 1. — Item : It ys ordered, edictid and statutid by the Counsaill with one assent, for sondrye and dyvers inguries and wronges that the 1 Horned cattle. 2 Bulls. z Beeves. 4 Ware. 5 Shambles. 6 Appraised. 1 Kiiie. 8 Rob. 9 , 10 Jury. HISTORICAL MANUSCRIPTS COMMISSION. 413 ceptes » of Clandouze, Clanm°Conchour, Claucaleboy, the Hallorans, Sloughteteggerd, and Flaretis, ther ckcffe Captayns doth dayly to the enhabitaunce of this town, that when any of the said ceptes with ther Captains be found in town, or fraunehies of the same, to be taken and arested untill such tyme as he or they so taken make restitucion and payment of all suche hurtes and domages as he or anny of his eepte doth to the enhabitaunce of this town from tyine to tyme ; and that the Mayor nor officers shall not license nor pardon none of the said ceptes to come or enter within this town withoute licensse of thos to whom they comittid the trespacis or owinge debtes. " Rycharde Kirvane, Maior ; Denyse -Kyrvano and David Bodiken, fol. 55. Bailieffes, in anno 1550 : " Masters : Richard Blak, Henry Jose, Edmond Lynch, Jhonnikin Lynch, Thomas Blake, Stevn Lynch Fitz A. — 13. " Statute : " 1. — Item, It ys ordered and statutid for a perpetuall statute, that the Mayor for the tyme beinge shall have of the fishers of the Logh or ryver every fishye daye betwixte Michalmas and Hallontid but to we hundrid smalle eilles, 2 and every of the Bailieffes to have one hundrid ; and from Hallontide fourth it is orderied that the Mayor, for the fur- nishinge of his tabull with fresh fishe, shall have the eleccion of two fishes whom he liste, and every of the Bailivis to have in like a fisher such as they shall choosse to keape ther housse with fishe. "John Oge Lynche, Mayor ; John Lynch and Perse Lynche Fitz fol. 5G. Olyver, Bailieffes, in anno 1551 : " Masters : Johnickin Lynche, Edmond Lynche, Thomas Blacke, Stevn Fitz Arture, Thomas Martin, Richard Kirvan. — 13. u Statute : u Item : It is ordered and statutid that no person ne persons of this town shall not convey or bringe into town his neighbours goodes or hides so being stollin or conveid by anny Irishe man of the countrey and so being brought in to this town, to cloke and dry ve of [f] his neighboure for comynge by knouledge of his goodes in private vessells, as chestes, clevis 3 of thirvis, 4 rushis, or strawe, other 5 barraylls or any other prevy conveyance, he or they that so be found in conveing of the same goodes, to fforfayt that which he bringith to the officers and as much more to him to whom the goodes did appertayne, withoute any grace. " Jhonock Lynche, Fitz S., Mayor ; Androwe Brown and Robocke fol- 57 Lynche, Bailieffes, in anno 1552 : 1 Septs. 2 Eds. 3 Baskets, 4 Turf, 5 Or. Archives of Town of Galwat, John Bodiken, Thomas Martin, Marten Lynch, Jhamys Skeret, Richard Marten, Dominicke Lynch, John Bodiken, Richard Blake, Richard Marten, Marten Lynch, Dominicke Lynch, Henrye Jose, 414 HISTORICAL MANUSCRIPTS COMMISSION. Archives of u ■»«■ , Town op Masters : Galway. John Bodiken, Edrnond Lynch, Richard Blake, Thomas Blake, Marten Lynch, Steven Lynch Fitz A. Dominicke Lynch, Richard Kyrvan, Henry Jose, John Lynch Fitz John. — 13. Johonockin Lynch, " Statutes : " 1. — Item : Yt ys orderid, edictid and statutid that no person ne persons of this town doth bargayne, covenant or contracte with anny child with- in adge or anny prentice withoute gyvinge knouledge or advertisemente of the same to the child [h]is father or the prentice [h]ys maister or protectors, on payn to lesse and forfaitte for ever all such some or somes gyvin or bargainee withoute any remedy or grace. " 2. — Item : It ys statutid, edictid and orderid that none of the Corpora- cion of this town shall not become suretie for anny the contrey men, nor stand in their deffence in aydinge or assistinge them to plede or seue against anny the enhabitaunce of this town in delainge and defaringe them of their right debtes and deuties, on payn he or they that so would do for every time so doinge to forfayte and paye xx.Z?., withoute any remedy. fol. 58. " Patricke Lynch, Maior ; Anthony French and Dominick Brown, Baylieffes, in anno 1553 : " Masters : Richard Blak, Thomas Blake, Marten Lynch, Stevn Linch Fitz A., Dominick Lynch, Thomas Marten, Edmond Lynch, Richard Kir van, Henry Jose, Jhon Lynche Fitz S. — 12. Jhonickin Lynch, " Statute : " Item : It ys ordered, edictid and statutid, for the common welth of this town and ediffinge and repayracions of oure comon workes and wallis, that every Maior for the tyme beinge shail tabull and vittaill towe 1 massons or carpinders in his own housse uppon his or ther proper chardges, the said massons workinge from tyme to tyme uppon the workes of muradge and pavadge. And the said massons to remayne and be at worke from Candilmas to Hallondtide yerly. And also the Bailiefes for the tyme beinge to tabull and vittaill two massons upon ther chardges duringe the tyme and manner aforsaid, the town costome always beringe and paynge the ordinary wadges and deuties of the said massons. And the said massons to be so keapte by the said Mayor and Bailieffes in respecte of the acostomid and un ordinate banckes 2 and feastes gyvin by them at Midsomer Evne 3 and Michaelmas daye. And that Mayor or Bail iff es that will do contrary to thys statute, to forfayte and paye to the sayd comon workes withoute any remedy or grace xx.li., sterling, fol. 59# "Nicholas Lynch, Fitz St[even], Mayor ; Henry Lynche and David Kyrvan, Baylieffes, in anno 1554 : " Masters : Patrick Lynch, Johonickin Lynch, Marten Lynch, Thomas Blake, Henry Jose, Stevne Fitz A., Richard Blak, Thomas Marten, Dominick Lynch, Richard Kyrvan, Edmond Lynch, John Lynch. — 13. » Two. 2 Banquets. 3 Eve. HISTORICAL MANUSCRIPTS COMMISSION. 415 " Statutes : Archives o* Town of " Item : It is orderid, edictid and statutid, by the wholle Courte Galway. and Counsaill, with one assente, that all such sylver platte as ys pledgid or pate in paune by anny the enhabitaunce of this town or others to any of the same town, and if the said silver platte be one twelmonith and adaye unranesomid or redemid of the owners or his attorney, the credi- tors shall or maye go and demaunde the said platte to be ranesomid or redemid. And if it be so that he the owner therof will not redeme the same platte fourth with, or if the creditore can notyeat 1 the owner nor his attorney, the creditor maye by vertu hereof, at the ende of the said twelmonith and adaye, bringe the said platte bef'or the Mayor ther to be weyed and praysed, a and every ounc therof, if it be good stuffe, to passe in iiii. s. sterling the ounc allways, the owner to have the over plus if anny be deue theroff : Provided alwaye that whatsoever platte or silver is lefte or put in paund of the subsedy, it shalbe redemid and rannsoinid at anny tyme the recever call for it, to the use and urgent causses of this town; otherwysse to be preasid 3 as abowe wryttin. " Nicholas Blake, Maiore ; Peter French Fitz J. and Perese Lynch Fitz fol. 60. John Oge, Bailieffes, in anno 1555 : " Masters : Marten Lynche, Stevn Lynche, Henry Jose, Thomas Marten, X>om[in]icke Lynch, Richard Kyrvan, Edmond Lynch, John Lynche, Thomas Blake, Johnock Lynch Fitz S., Jhonickin Lynche, Patrick Lynch. — 13. " Statute: " Item : It ys ordered, edictid and statutid by the Counsaill, with one assent, for the better peace and tranquilitie of this town, that what- soever person or persons, of what degre he or they be of, will gyve a buffet or bloue to anny Alderman of the same, shall not onely suffer in- priso[n]mente but also pay unto him to whom the buffet is gyvin the some of one hundrid shillinges, withoute respecte of grace. And also shall paye to him that was Bailiefe or in office, if he or they would so stricke, fifty shillinges. And if anny man shuld stricke or buffet a bacheler, he or they so doinge to forfayte and paye to him or them so strockin fyve and twenty shillinges. And if any man shuld buffete or stricke a yonge man unmaried or keapinge no housse, he or they that so strickith to fbrfaite and paye twelleve shillinges, vi. d., and not in painge thes forfaytes onely, but he or they that so strickith anny of the forsaid persons shall paye to the officers for the tyme beinge, to be devid[ed] uppon the Corporacion as it ys acustomid, an hundrid shillinges, tociens quociens. " Wyll[i]ame Skerete, Mayor; John Blak Fitz R., Marten Frenche, fol. 61. Bailieffes, in anno 1556 : " Masters : Richard Blake, Johnocke Lynch, Marten Lynche, Stevn Lynch Fitz A., Dominicke Lynch, Thomas Marten, Edmond Lynch, Richard Kyrvan, Thomas Blake, John Lynch Fitz J. — 11. 1 Get. 2 , 3 Appraised. 41 G HISTORICAL MANUSCRIPTS COMMISSION. Archives of " Statute : Town of Gawat. " 1. — Item : It is orderid, with one assent and consente, for to barre and discuriidge all such as would pretend wrongfullie to have deliie to truhle anny one another his neighboure in this town of Galwey, that all them that beginnith any such sute, quarell or demaunde, or that would goo aboute to begille, 1 delaye, or trubull any man aboute or for his neighbours deabtes, boundes, or otherwysse, and that againste him or them sentence shuld passe, either in this Courte or in all others, hir Majesties, within this realme, shall paye, contente, satisSe the partie grevid and wrongid not onely the effect and purporte of any suche sentence but also what costes, lostes, chardges and domadges he sus- taynith by the wrongfull execucion as well for the order or sentence as also for the expenssis domadges and chardges. We meane that he on whos side sentence be given, be it by order of indifferent men, arbittrement or otherwysse, shall furst of all laye oute the chardges, and alwaies providid that afterwardes payment be recovered, and execucion to be made on and uppon the pattie that wrongfullie challangid or maynteinid the sute or demaunde as afforsaid. fol. 62. " Jhamis Oge Lynch, Maior ; Rycharde Lynch and Walter Lynche, Baylieffes, in anno 1557: " Masters : Will[i]am Skeret, Stevn Lynch Fitz A., Richard Blake, Thomas Martin, Marten Lynch, Richard Kyrvan, Dominicke Lynch, Johnock Lynch Fitz S., Edmond Lynch, Jhonickin Lynch. — 12. Thomas Blake, Statutes : " 1. — Memorandum : That, wherdyvers the enhabitaunce of this town would detayne the costome or comon rente for suche dcbtes so owinge to them uppon this town, it is ordered that no person ne persons of the same shall not keape or detayne no such comon rentes, but shall delyver the same to the Mayor and officers for the repairing of the common workes yerly withoute any contradicion. " 2. — Item : It is ordered, statutidand edictid acordinge oure chartors and liberties of our Kinges and Princes, that ther be no more but twellve Mayors 2 and the Mayor for the tyme beinge, so that ther be no more in the wholle but therten, and at what daye acostimed the Comens doth chosse and electe ther Mayor they shall also chosse and electe one of the Bailieffes, such as they thinke fittest to serve the toune ; and the Mayor so cbossen by the Comens shall have at his choyse the election and chossinge of another Baileffe, such as shall pleasse him to chosse of his fryndes. fol. 02^. Item: Where one Richard Fitz Genre Blake challangid and claymid befor the Mayor and Counsaill of this town houe he ought to have the concurse and oppenynge of the posterne gatte, 3 otherwysse callid the gutte, from tyme to tyme as well by nighte as daye, to have his fBshinge bottes to come in and oute, therfor we the said Mayor and Counsaill 1 Beguile. 2 Styled also " Maisters " or Masters, and Mayor's peers or counsellors. See p. 399, and statute under 1569. 3 Gate. HISTORICAL MANUSCRIPTS COMMISSION. 417 perceavinge and forseinge his clayme and challandge to be very dis- Aikjhives^of comodyus and perells 1 to this town to have such a gape or dore so galwav. oppenid in suche dangerus tymis, have orderid and edictid that the said gatte or gout shall not be openid wherby anny unconve[n]yance 2 might groue or come to the same town, ether by night or day, nor no gatte or commen waye elles in or aboute the wallis of the same, but such fishers as be appoynctid to fishe shall go befor the said gattes or goutes be closed or shute f'orthe to ther ffishinge and so to remayn withoute all night untill the morninge that the said gattes be oppenid. " Ambrose Lynch Fitz Maertin, Mayor ; Dominick Lynch and Richard fol. 63. Lynch Fitz Patricke, Bayliefes, anno 1558 : " Masters : Jhon Oge Lynch, Johnock Lynch, Nicholas Lynch, Nicholas Blake, Will[i]am Skeret, Marten Lynch. — 13. " Statutes : " 1. — Item : It ys ordered, estatutid and edictid by the Courte [h]is wholl assent that whatsoever Irish man or any other elles that withoute right taketh anny kowe 3 or capull 4 or anny kynd of cattayli from any the enhabitaunce of this town, this same person or persons so takinge any such cattayli withoute righte, he or they not onely to restore the said cattaill in ther former statte, but also with ther encresse, as it is acostomid in the country. u 2. — Item : the above statute was conffirmid and rattified by Mr. Denies Kyrvan, then being Mayor, as to saye, the costome and usadge of the contry beinge evidently knouin, the encresse of a kowe to be a great kowe and a small kowe by the yere : therfor it is ordereid by the Mayor and Counsaill that every man that so deteyneth or keape any mans to paye yerly ther for towe kyne and for every capull so taken and de- taynid to paye ther for every yere towe capulls with the domadges of ther woorke and laboure ; and so in like manner acordinge the costome of the country to aunswer and paye for the encresse of all small cattaill accordingly. 5 " George Lynch Fitz. W., Maior ; Peter Lynch and Roboke French, f l. 64. Baileffes, in anno 1559: Richard Blake, Marten Lynch, Johnickin Lynche, Thomas Blake, Stevn Lynch Fitz A., Thomas Martyn, Dominicke Lynch, Johnickin Lynch, Edmond Lynch, Thomas Blake, Stevn Linch Fitz A., Thomas Marten, " Masters : John Oge Lynch, Nicholas Lynch Fitz St., Nicholas Blake, William Skeret, Johnocke Lynch Fitz St. — 12. 1 Perilous. 2 Inconvenience. 3 Cow. 4 Horse. 5 For document of A.D. 1558, entered on fol. 5 of Ms., see p. 388. o S4068. D D 418 HISTORICAL MANUSCRIPTS COMMISSION. Archives of Town of Galway. fol. G5. " Statutes." [ Blank.] "Stevne Lynch Fitz Artour, Maior; Jhamis Lynch and Nicholas Frenche Fitz Oliver, Bailiefes in anno 1560 : " Maisters : Eichard Blake, Marten Lynch, Johnnickin Lynch, Thomas Blake, Thomas Marten, John Lynch Fitz J., Nicholas Lynch, Nicholas Blake, William Skeret, Jhamis Oge Lynch, George Fitz Walter.— 12. " Statutes." [Blank.'] fol. 66. " Nicholas Lynch Fitz St., Mayor ; Nicolas and Martin Lynches, Bai- leffes, in anno 1561 : " Masters : Richard Blake, Marten Lynch, Johonickin Lynch, Thomas Blake, Stevn Lynch, Thomas Marten, John Lynch, Nicholas Blake, Will [i] am Skeret, Jamis Og Lynch, G[e]orge Lynch. — 12. " Statutes." [Blank.] fol. 67. " Thomas Blake, Mayor ; Patricke Blake, and Walter Blake, Bailiefes, anno 1562 : Richard Blak, Marten Lynch, Johnickin Linch, Stevne Lynch, John Lynch, Nicholas Blake, " Masters : Will[i]am Skeret, Thomas Marten, Nicholas Lynch, Jhamis Og Lynch, (x[e]orge Lynch. — 12. " Statutes." [Blank.] fol. 68. " Thomase Martin, Maior ; Jhamis Lynch Fitz Artor and Patricke Martin, Bailiefes, anno 1563 : " Maisters : Richard Blake, Marten Lynch, Jhonickin Linch, Thomas Blake, Stevne Lynch, John Lynch, " Statutes." [Blank.] See p. 385. Nicholas Lynch, Nicholas Blake, William Skeret, Jamys Lynch, Gr[e]orge Lynch. — 12. HISTORICAL MANUSCRIPTS COMMISSION. 419 "Nycholas Blake, Maior ; John Lynch Fitz Thomas and John Fitz Archives of Henry Blake, Bailiefes, in anno 1564: Galway. " Maisters : fol. 69. Richard Blake, Jhon Lynch Fitz J., Marten Lynche, Nicholas Lynch Fitz S., Jhonickin Lynch, Jhamis Lynch Fitz R., Thomas Blake, Will [i Jam Skeret, Stevn Linch, Fitz A., G[e]orge Lynch Fitz W. — 12. Thomas Marten, " Statutes." [Blank .] " Petyr Frynch Fitz Vadyn, Maior ; Nicholase Lynch and Androwe fol. 70. Mares, Bailiefes, in anno 1565: a Masters : Richard Blake, Jhamis Lynch, Martin Lynch, Nicholas Lynch, Johonickin Lynch, Will[i]am Skeret, Thomas Blake, John Lynche, Stevn Fitz Artor, Gr[e]orge Lynch. — 12. Thomas Marten, « Statutes." [Blank.] u Jhamis Kyrvick, Maior; Wil[li]am Martin and Richard Brown, fol. 71. Bailieffes, in anno 1566 : " Masters : Marten Lynch, Fitz J., Petter French, Johnuckin Lynch, Nicholas Lynch Fitz St., Thomas Blake, Will[i]am Skeret, Stevn Lynch Fitz A., Jhamis Lynch, Thomas Marten, Gr[e]orge Fitz W. — 11. " Statutes." [Blank.] " Edmonde Kyrvaue, Mayor ; Jhamis Lynch and Marten Kyrvane foJ. 72. Bailieffes, in anno 1 567 : " Maisters : Jhamis Kyrvak, Jhamis Lynch, Jhonuckin Lynch, G[e]orge Lynch, Thomas Blake, Petter French, Stevn Lynch Fitz A., Thomas Marten. — 10. Will[i]am Skeret, " Statutes." [Blank.] " Dominick Frenche, Mayore ; Willicke Lynch and Gorge Ffrenche, fol. 73. Bailefes, in anno 1568 : " Masters : Edmonde Kirvane, Jhamis Lynch, Jhonickin Lynch, G[e]orge Lynch, Thomas Blake, Petter French, Stevne Lynch, Jhamys Kervick. — 10. Thomas Marten, D d 2 420 HISTORICAL MANUSCRIPTS COMMISSION. Archives o Town of Galway. fol. 74. " Statutes." [Blank.] " (dry vane Fante, Mayore ; Gregory Bodikin, and Valientene Frenche, Bailieffes, in anno 1569 : Dominicke Ffrench, Jhonickin Lynch, Thomas Blake, Stevne Linch Fitz A., Thomas Marten, " Masters : Jhamys Lynch, G[e]orge Lynch, Petter French, Jhamis Kervicke, Edmond Kirvane. — 11. " Statutes : " Thos persons folouinge was by the twelve Mayors 1 apoynctid for the Mayaraltie, and [they] aswell apoynctid John Martyne as Baillieffe for the town : Furst, Deonise Kerwane, Eobuge Linch Fitz Henry, Peyrs Linch Fitz Olyver, and John Lynch Fitz Ed[mond]. Notwithstanding that Androwe Brown, and Domnick Linche was by the sayd Mayor and Mayors peyrs 2 apoynctid to assossiate the sayd Deonise and Eobug tuching the Mayraltie. Yet in the stede of the sayd Androwe and Domnick the wholle Court and Counsaill, according ther auncient custome, have ordered by a statute that the elder in Bayliffs office shall suply hys roume in Mayaraltie. And this statute to be observid and kept from tyme to tyme. Therfor it is orderid that Peyrs Linch Fytz Olyver and John Lynch Fitz Edmond shall stand and assossiate the said Robucke Lynch in office with the said Deonise, during ther tyme acustomied. And so the elder in office to remayn from tyme to tyme. And, touchinge the Bailifshipe or the office therof, it was statutid and ordered that four of the best and eldest bachlers of the town shallbe apoynctid by the Mayor and the twelve Mayors peyrs, which is our discret counsaillors, when they aprobat the Mayor by them set fourth, so that the said Court shall alwayes have the ellection aswell of the persons by the said discret apoynctid for Mayarltie as also shall electe one of the saide four men, by them thought good, as one of the Bai- llieffes apoynctid for the Commens. Also it is orderid that the sayd Mayor electyd for that next present yere shall presently take next choisse of the sayd four bachlers appoynctyd to be his Bailliffe for that present yere ; and thus to stand from tyme to tyme alwayes. Our meaninge is that our auncient Mayor and Mayors peyrs shall have the aprobacion, and we, the wholle generall court, to have the election. Yevin, ordered and statutyd at Galwave aforsaid, the furst of August, 1570. Gyvoon Ffant, Mayor. fol. 75. Denyse Kyrvane, Maior; John Martyne and Ambrose Bodiken Baylieffes, anno 1570 : " Masters : Gyvane Ffaunte, G[e]orge Lynche, Jhonikin Lynch, Petter Ffrenche, Thomas Blake, Jhamis Kervicke, Stevn Lynch Fitz A., Edmond Kirvan, Thomas Marten, Dominicke Ffrenche. — 12. Jhamis Lynch, 1 See statute under A.D. 1557, 416. 2 Peers. HISTORICAL MANUSCRIPTS COMMISSION. 421 -Statutes." [Blank.] a™s c Town of " Roboucke Lynche, Maior ; Rollande Skerete and Nicholas Ffrenche Galway. Fitz Vadien, Bailieffes, anno 1571 : fol. 76. " Masters Denies Kirvane, Jhonicken Lynche, Thomas Blake, Stevn Linch, Fitz A., Thomas Marten, Jhamis Lynch Fitz R., Petter French, Jhamis Kervicke, Edmond Kyrvane, Dominicke Ffrenche, Gyvane Ffaunte. — 12. Statutes : " 1. — Item : It is ordered with one assent that none the inhabitaunce of this hir Majesties town of Galwey shall not procure, aske, require or take to ffearme to hymself or to his heyres or assignes or to any other person or persons any such hir Majesties revenus growing or issuing out of this towne, to saye, custome, fishinge, gadging, impost, personadge, relygyus housses or any other thing or thinges apertayninge to hir Highnes within the liberties of this town, unlesse he or they be apoynctid electid and chossen by the wholle Courte and Counsaill to the same : condissionally all such proffittes, benifite or comodities had or gotten by them to be to the common workes and use of this Corporacion. He or they that would do contrary to this statute to forfait and paye fyve hundrid poundes sterling, toties quoties, and also to forfayte and losse his ffredome and liberties for ever. This statute ys confyrmid by Mr. Perse Lynch then beinge Mayor, 1573. Perys Lynche, Mayor, Thomas Martyn, Domy[n]yk Ffrynche, Robuck Lynche, Mayor, Jhon Lynche Fyz Edmond, Andrwe Brown, Pyter French, Jamis Lynche Fitz A., James Kerweke, Denys Kyrwan, Gywan Font, Domnyck Linche, Perys Lynche, Mayor, Jonykyn Lynch Fitz Pers, Edmond Kyrrvan, James Lynche Fiz Martin, Charlys Lynche, Balief, Olyver Frinche, Balyff, Peter Kyrwan, John Blake Fitz Richard, Nicholas Lynch, John Lynch, James Lynche, Martyn Frenche, Ambrosse Bodicken, Pyter Lynch Fiz Marcus, Perys Lynche, Rychard Brown, William [ . . .']. Martyne Fytz Cristopher Lynch, Androw Marys, Valentyne Frenche, Thomas Martin, Dominyk Brown, William Marten. [• • -v " Jhone Lynch, Maior ; John Lynch Fitz William and Marcus fol. 7^ Lynch, Baylieffes, in anno 1572 : " Masters Roboucke Linch, Johnikin Linche, Thomas Blake, Stevne Linche, \ 3 Portions of Ms. obliterated. 422 HISTORICAL MANUSCRIPTS COMMISSION. Edmond Kervane, Dominicke Frenche, Denys Kyrvan, Gyvane Ffaunte. — 13. " Statutes : " 1. — Item : It ys ordered, statutid, edictid and stablished by the Courte and Counsaill with one mutuall consent and assente for sondry good consideracions, utilitie and common wealth of this town of Galweye, that none thenhabitaunce of the same shall not procure, receave or take unto himself or for anny other persons of what degre he or they be of any such the Quenes Majesties revenus or offices within the liberties or fraunchies of this town. As to saye, to be controllers, receavers, factors or atorneys of the late imposte, cocket or fisbinges or anny deuties or tributes apertayninge or in any wyse belonging untohir Highnes. Also that none of the said enhabitaunce shall procure, demaunde or take on them piertly 1 or oppenly to be sherieffes, subsheriffes, ceassors, 2 consta- bulls or anny other offices apertayninge unto hir Majestie withoute the liberties of thys town throughoute the wholle provence of Connaghte, on payn to losse, forfayte and paye fyve hundrid poundes tociens quociens and to lesse his fredome and liberties of the same for ever, unlese he or they be such persons as the wholle Counsaill and Coinens shall chosse with one assent, and the benefit or profit had by such offices or revenus to be to the common use of this town. " 2. — Item : It is ordered and enactyd by the Court and Counsaille with one wholle assent and conssent that whatsoever he be of this town and Corporacion that keapith, detaynith or clokith by fraude, collor or decent any letter or letters to his own privatt gayn or comoditie being so sent or directyd to the Mayor or any other of the Corporacion which might so hender the common welth of the town, he or they that so doth to losse forfait and paye without any respecte of grace, xx. It. 3 fol. 78. "Peyrse Lynch Fitz Olyvver, Mayor ; Charles Lynch Fitz Ulick and Olyver Oge Ffrench, Bayllyffes, in anno 1573 : " Masters : Jamys Kerwick, Fdmcnd Kerwane, Dominick Ffrenche, Gyvant Faunt, Deonise Kerwane, Robock Lynche. — 13. " Statutes : " Item : In a Gennerall Court holdin at this, hyr Majesties town of Gal- waye, the xxith of July, it was agred and condissendid by the Mayor and wholle Counsaill that the statute or acte made in Mr. Gyvant Faunt [h]is tyme of Mayraltie [1569] as concerning the election and chossinge of the Mayor and Bailleifes shall be confyrmid, observid and keapt from tyme to tyme for ever without any alteracion otherwysse than that statute doth specifie, and that for feare of further inconveniency or discord. " Perys Lynche, Mayor. " Item : In a Generall Courte holden at this, hir Majesties towne of Gall way, the filth of the moneth of Agust. anno 1574, yt is orderede, A t C own E of OF Thomas Marten, Galway. Jhamis Lynch, Petter Ffrench, Jhamis Kervicke, John Lynche Fitz Edmond, Johnickene Lynche, Thomas Blake, Stevne Lynche, Thomas Martyne, Petter Frenche, 2 cessors. HISTORICAL MANUSCRIPTS COMMISSION. 423 edictede and perpetuallie estatutede, mutuallie by the wholle asente and A ToMrN E oF OF consente of all the Mayors [peers], Balifes and brethren asembled in the Galwat. same, that whatsoever gennerall or common bargaine shalbe made, either presentlie at the haven or frome any countrey to come, that thannciente accustoms of the most number usede in this towne, shall henceforwarde not in this case and poincte extende to chardg any the inhabitauntes of this same any more or otherwise than what part or porcion yt shall please them or any of them thereof to take, yea and confessing the same plainlie beforehande by his and their hand writting. And what manner soever bargaine cometh, whether there be profite thereby or lostes, is from tyme to tyme to be devidede onelie emong those that giveth there verdit without that any the rest doe or shall susteine any benefite or domadges in that behalf. "Perys Lynche, Mayor. "Androw Browne, Mayor; Anthony Linche Fitz 1 Marchus and fol. 79. Nicholas Kyrwain Fitz 2 Denis, Ballivis, anno 1574, the xxixth of September : " Masters : Pitre Lynch Fitz Oleffeare, Edmond Kerwane, Jhonekyn Lynch, Dominicke Frenche, Thomas Blake, Gywende Faunte, Stephene Lynche, Denes Kerwane, Thomas Martine, Robocke Lynch, Pieter Ffrench, Jhone Lynch Fitz Edmonde. — 14. James Kyerwicke, " Memorandum : That in the above year the said Mr. Andrew Brown ended his lyf the xiith day of October, at ten of the clock at af tir none, he beinge then in his Meralty office. " James Kerwyck, Mayor second tyme ; Antony Lynche Fitz Marchus fol. 80. and Nycolas Kerwane Ballyffes, anno 1574, the xii of October, et regni regine nostre, Elyzabethe, xvi° : " Masters : Pieres Lynch Fitz Olewer, Edmond Kerwane, Jonickyne Lynch, Dominicke Ffrench, Thomas Blake, Gervene Ffaunth, Stephen Lynch Fitz Artor, Denes Kerwane, Thomas Marty ne, B-obick Lynch, Piter Ffrench, Jhone Lynch Fitz Edmonde. — 12. " Memorandum : That in a Courte holdene at Galway the xxti day of October, anno 1574, it was ordered, estatuted and established, for diveres good consideraciones, and for the commone wealth of this towne, Com- mons and Corporacion, upone payne to los and forffith xxti pound ster- linge current mony of England to be rered and levied to the commone use, and allso devided and bestowed as other the lik forfeytoures hath beine usede and acustomed hirtofor, reserwinge and alowinge the fourth part only of the said xx.li. to such person or persons that will follow and make this matter good in brengynge lawfull profe the fact to hav beine don contrary and agaynest this out stattue viz. that non of the inhabitance of Galway, free or onfree, yonge or old, shall not frome this present tyme \ 2 Fitz] Fith. Ms. 424 HISTORICAL MANUSCRIPTS COMMISSION. A To wiT op ° F fourth, shell 1 any kynd of flesh quicke or dead for mony or for any other Galway. kynd of payment to any of the bucheares 2 of the same towne upone payne of the xx. li., afor lemyted allso and aswell that non of the bucheares of the same towne upone the paynes befor specsyfied shall not from hence fourth beye any kynd of lieash quick or dead of any maner mane or womane of Galway, nether of any other person or persones of the country under cullour and upon a condicion to pay by a day certayne sommes of mony, hides, tallow or any other kynd of payment to be mad to any of Galway aforesaid by any maner bargane or cullowr, but all such personnes that ar wyllinge to shyll 3 fleash they to send ther fleash frome tyme to tyme to the fleash shammoulles 4 ther to be sold and bought at the first hand only without to shell or reshyll 5 it again at the second and third hand as hetherto was used which was a chife occasion and part of the decay and [de] strouction 6 of the said Commons and Cor- poracion ; and this estattut to be observed and kept from tym to tyme upon the penalty afor lymeted and exspresed. Dated at Galway, aforesaid the yeare and day abov writine. " Memorandum : That in a Gennerall Court holdin the xiith of March, in the yere above writtin, it ys ordered, established and confyrmid for dyverse and sondrye good occations, quietnes and tranquilitie of thys Corporacion and Comens, that if any person or persons of the same doth hold, occupye and possesse any landes, woodes, meadous, pastures or tenementes beinge in stritfe other 7 variaunces betwixt partye and partye, other kutith wood or underwoodes, eatith ther grasse, [or] maketh trotfes upon any the lyke landes in contryversye, he or they that so would do contrary to this statute to paye both parties for the premisses for eshecuinge anye trubull to ensue to any the said Comens through ther default in that behalfe. Gy vin the daye and yere above wrytten. " James Kerwek, Mayor. fol. 806. " Memorandum : The xiiith of July, anno 1575, then beinge Maior, Master James Kerwicke ; Anthony Linch and Nicholas Kerovane, Bailliffes ; one Morchowe McTerriligh McDonill, Chef of his nacion, callid Clan Teige 8 of Aron, apperid befor us the said Bailliffes and combrethren, requiringe and clayminge to have the auncient custome of connoue and meales due to him and to hys antecessors within this town of Gal waye, to saye, for two dayes and two nightes. And we, the said Mayor, Bailliffes and combrethren, callinge before us auncient old creadible persons to have intelligence and also ther opinion and knouledge whether we were bounde by any promise or graunt to gyve them meat, drinke or lodginge for two dayes and two nightes, as they so claymid and requirid, who did testifie upon ther corporall othes that they never hard of ther parence 9 nor never saue the said cept 10 of Clayn Teige to have no more within this town but onely two meales ; and upon that ther record and testimonye of that old auncient fathers, It is accordid, confirmid and agreid by one mutuall assent of us, the said Mayor, Bailliffs, and Comens that the said cept of Clayn Teige shall 1 , 3 sell. 2 butchers. 4 shambles. 5 re-sell. 6 destruction. 7 or. 8 ' A branch of the clan of O'Brien. " They were always sovereign lords of the " Isles of Aran in the bay of Galway and of Tromra, in the county of Clare, until the " reign of Queen Elizabeth, as appears by an address which the Mayor and Sheriffs « f Galway wrote in their favour to that Queen, wherein it is mentioned that the " Corporation of that city paid them an annual tribute of a certain number of pipes " of wine, in consideration of their protection and expenses in guarding the bay and " harbour of Galway against pirates and coast plunderers." " Irish-English Dic- tionary/' Paris: 1768. " Connoue," above mentioned, is designated " Coynoue," in State Papers, Ireland, of reign of Henry VIIL, and was a form of cess or tax. * Parents. 10 Sept. HISTORICAL MANUSCRIPTS COMMISSION, 425 have no more but that two accustomid meales due to them of auncient Archives op [time], the sayd Clayn Teige beiuge allwayes bounde to serve, attend and galwat! wayt upon us and in our service, as ther antecestors hath bene acustomid — from tyme to tyme. Lykwyse the said cept of Clan Teige and their folouers is bounde to gyve the acustomid meales and connoue to all the Comens of Galwaye when and as oft as they shall come or repayr to the illes 1 of Aron. " Also we, the said Mayor, Bailliffes and Comens doth grant and promise for us and our successors for to be ayders, helpers, maynteyners and assisters of the said Clan Teige to withstand all person and persons that would pretend or go aboute to laye sedge, spoyle or rase the said illandes or castelles of Aron, other in any wyse elles go about for to wronge the said Morchowe or his cept in ther just causes as far fourth as our pouer shall extende or occation shall serve from tyme to tyme upon our own costes and chardges. Yevin in our court house, the daye and yere above writtin, under our signes manuell. — 1575. "Be it knouin to all men by thes presentes that we, Teig Etrugh, Morchowe Morowe, Conchor McMorchoueyne, Teriligh Meeagh, Teig Mac Terilligh, Dermod Mac Morchoue, Teige Mac Tiriligh Oge, Chonchor McMoyriertigh McBrene, gentlemen of Aron, and Dermod McCormock McConchor of the castell of Trowmor, have made, constitutid and in our place set and ordayne our welbelovid cussin and captain, Morchoue McTerriligh McDonill, our treue and laufull atturney to axe {sic), requyre, levy, recover, receve, bargayn, agre, compound and concerte with James Linch Fitz Ambrose of Gal way, merchant, for redeming and ramsoning of the Illes of Aren which the said James Linch hath in mortgadge and other wyse in pledge, condicionaly that all suche parcelles of the said illandes as he shall so redeme and ramson to be to his the said Teige McMorchowe and to his heyrs for ever, without excep- tion or contradicion. Lykwyse we and every of us, the aforsaid persons, standith bounden with our persons, goodes, landes and cattaill, movable and unmovable, heyrs, executors and assignes present and to come, to observe, stand, abyd and fulfill the order gyvin by Charles Cahan Conuers OHernan, Nicholas Cahan and Gillebride McBrodyn, and never for to (sic.) against any clause, point or condicion therin prescribid. Yevinge and grauntinge to our said atturney our full power and aucthoritie in the premisses to execut, performe, conclude, finishe, seale, accord and acquit letters of acquitaunces and other discharges for us and in our namys which shall be expedint and necessary in all thinges as throughly, holly and suerly as [if] we were present in proper persons and all that all our said atturney shall hapen to do or cause to be done in and for the premises we promise to allowe, performe, rattify and establish the same for ever, and therunto wee stand bounden as aforsaid by thes presentes. " In wittnes wherof the parties aforwritten willid me, the underwrittine publicus notarius, to writte and regester this our gennerall especiall commission in this Statute booke of Galwaye aforsaid, for record of the premisses, and to put the Mayralty seale of office to the originall of our comission bearing date the xiiii of July 1575. " Memorandum : That wher an order bearinge date the xvth of June, fol rgi], anno 1£75, did passe betwixt Morchowe McTerriligh and the reste of the cept of Clan Teige of Aron and James Linche Fitz Ambros of Galwaye, merchant,wherein is amonge other clauses prescribid and specifid that if in case the said cept of Clan Teige had deceased and perished, that he, the said James, shuld be ther sole heyre and possesse Aron and ther [w]holle landes : and also that the said Clan Teige shuld not alienat 1 Isles. 420 HISTORICAL MANUSCRIPTS COMMISSION. fol. 83 2 . A TowJ E o ° F WOortgadge or P 11 * to pledge anny part or parcei] of ther landes Galwat. without the said James [h]is license and consente : Knouin beyt 1 to all men by the mntuall asentes an.i consentes both of all the said sept and the said James Linch in a Gennerall Assembly, that if in case the said Clan Teige shuld so perish and decease alltogether, that the [w] nolle Comens and Corporation of Gal way shall be ther heyrs and possesse the Illes of Aron and all other ther landes : in lyke manner that the said sept of Clan Teige shall not alienat nor ymortgadge no parte or parcell of Aron to no person or persons withoute the consent and licence of the holle Comens and Corporation of Galwaye, anny poinct, clause or con- dition in the said order to the contrary of the premisses in any wise not- with standi nge, but for ever more to stand of no force, vertu nor strenth befor any Judge or Judges in whose presence at any tyme the matter shall requyre onely in that behalf. And for wittnes and credence of trouth the said parties do hereunto set ther signes the xiiith of July anno 1575, et regni Regine nostre, Elizabethe, xvii°. " Petter French Fytz John, Mayor ; Thomas Kerowan Gorge French Fitz Edward, Ballyflies, anno, 1576 : " Masters : Dominick Brown, Dominick French, James Kerwick, Gyvan Font, Johnicken Lynche, Robuck Lynche, Stephvn Lynche, John Lynch, Tomas Marten, Peyrs Lynch. — 12. Edmond Kerowan, "Statutes:" [Blank] fol- 84. " Peyrs Lynch, Mayor ; John Blak and Frannces Marten, Baylyves, in anno 1577 : " Masters : Petter Ffrench, Fitz John, Gyvan Ffonnte, Johnicken Lynch, Robuge Lynche, Stevne Fitz Artur Linch, John Lynch Fitz Edmond, James Kerwick, Peyrs Lynch Fitz Oliffer, Edmond Kerowan, Dcmnick Brown. — 12. Domnick Ffrench, " Statutes : " Whereas, in a Generall Assembly or Courte hoi din within this, her Majesties town of Galwaye the xviith of February, 1577, dyuerse and sondery persons complayned of the great losse they suetayned in this ventadge 3 by meanes of those with whom they have sente and trusted their goodes in to Spayne and other forrayne places ; and to previnte suche grevouse complaintes hereafter the Maior, Bailliffes and the reste of the wholle Counsell ther assembled have thought good to make a perpetuall statute in forme follouinge, videlicet : Memorandum. — In that gennerall Courte so holdm it was ordered, statu ted and established for ever by the consent of the Maior, BailifFes and wholle combrethern and Corporation that whatsoever attorney or attorneys dyd use aswell in this present ventadge 4 as hereafter will use any deceit or collussion with any of such 1 Be it known. 2 Fol. 82 is not in the MS. Entries for the year 1575 appear on 80b. and 81, as above and at pp. 424-5. 3 , 4 Vintage. HISTORICAL MANUSCRIPTS COMMISSION. 427 as did (or hereafter shall or will) truste hys or their goodes with any a^chives^op person or persons beyond the seas in to any forrayne realme or did or galway. will keape and detayne from the owner or owners any part or parcell of — the goodes which he or they the said attornies put in trust withall, be sydes thaccomptance and common atturnishippe, that for every penny which shalbe so detayned and keapt by deciet and collucion as afor is said by any such attorney or attorneys, aswell in selling of wares and be- stowinge thereof as other wyse by what meanes so ever it be, if the faulsod and deceit be founde, the sayd attorney or attorneyes shall fburthewith withoute any respect of grace for every penny so found as aforsaid to forfayte twelve pence, to saye, therd parte therof to the owner or owners of the goodes, in respect of his or their beastowinge of the therd part towardes the repayracion of the churche, and the other parte to be to the officers for tyme beinge in consideracion that they shalbe the more prompte from tyme to tyme put this statute in execucion. " Dated at our Courte-house, the daye and yere, ut supra, etc., A[lexander] D[ermot], Publicus Notarius. "Memorandum. — That in a generall Courte holdenbyus, Peyrs Lynch fol. 846. Fitz John, Mayor of this, her Majestys town of Gralwaye, John Blak and Fraunces Marten, Bailliffes, with the rest of the combrethren and Corporacion of the same, the xxviith of May, 1578, yt ys graunted, condiscendyd by us mutually, for the good opynnion we have in our worshipfull and loving ffrend, Mr. Anthony Fyton, 1 gentleman, and also for the great love and amitie that we gennerally doth beare to hym, that he shall have the ffredome and libertie of our towne, in as lardge and ampull manner as anny of us hathe or hereafter shall have : therefor we do by thes presentes receave and take to us as our deare frend and brother, the said Mr. Anthony, both he and his chyldren of his body legytymat begotten, to be as one of this Corporacion and to be as fre in this town as we or our childrin for ever, and to supply all officces and dignities with us as other our Aldermen doth, the said Mr. Anthony and his childrin being treue and faithfull to the said Corporacion, and to further the commonwealth of the same, and to keape and observe our laudable actes and statutes that shalbe for our common welth, as faras it shall consist in his or their powers, against all men in right : And he and we to dwell together in brotherly love and charitie as good neigh- bours and townsmen. Also, we, the said Mayor, Bailliffes and Corpo- racion, with that our combrethren, do for the full establishing of the lege 2 and amy tie befor expressed betwixt us, and sayd Maior and Corporacion of Galwaye, and our said frend and brother, Mr. Anthony Fyton, allowe, establish, rattify and confyrme, as our intyre deede all such articles of agreement as are concluded and agreid upon betwixt the sayd Mr. Anthony, of thone 3 partye, and John Martyn, our agent and assigne by commission of our wholle Corporacion in that behalf, of the other partie, as in an indenture bearing datte the xvith of Apriell, or otherwisse appeareth. In wyttnes wherof, we caused our Maior, for us and in our names, to sette hereunto our common seale, with this our signe manuell. Dated in our Courte-house the daye and yere, ut supra. Peyrys Lynche, Mayor. 1 Collector and Controller of Impost, Galway, and brother of Sir Edward Fyton President of Connacht. See " Facsimiles of National Mss. of Ireland," Part IV.-l., p. xxix. London : 1882. Anthony Fyton obtained from Queen Elizabeth a lease of customs, etc. at Galway in 1576. 2 league. 3 the one. 428 HISTORICAL MANUSCRIPTS COMMISSION. A Town E op OP " ^ onu Blake ^J tz Richard, Mayor, Christofor Lynch and James g ax way. Dorsey, Balliffes, anno 1578 : fol. 85. " Masters : Peyrs Lynch Fitz John, Gyvant Fonnte, Johnick Lynch, Robuck Lynche, Stephvn Lynch Fitz A., John Lynch Fitz Edmond, James Kerwick, Peyrs Lynch Fitz Ollifer, Edmond Kerowan, Domnick Brown, Domnick Frenche, Peter French Fitz John. — 12. " Statutes : " Item. — In a gennerall Court holdin at this, her Majesties towne of Galwaye, the iiiith of Marche 1.579, it was concludyd and agreyd, with one wholle assente, for a perpetuall statute, that whatsoever merchant or merchantes of eich degre of this Corporacion that shuld make any viadge to Spayne,Fraunche,or other forrayne contrye, having anye kynd of comissyone or auchtoritie for bringinge or transportinge any kynd of wyns, whereby any person or persons so bringinge the same by such aucthoritie or commission under pretence would saye that he would so bring the oDe halfe quarter or therd parte in any suche shipp or shippinges coming to Galwaye of ther owne goodes onelye to mark and signe of the said wyns, beinge the beste under their markes, for deceivinge and defraudinge of those their neighbours that shuld so send with them their comissions and aucthoritie as aforsayd, and for escheuinge and abbolishinge of this abuse commonlye used emonge us, the said Comons and Corporacion, it in noue fyrmly orderyd and agred that from henchfourth no merchaunt nor marchauntes shall not use or practic to enseale or mark any signe or signes uppon anye pipe, bout, 1 or hogsed at the byinge thereof in no forren contrye until it be enletyd and devydid at the key of Galwaye acus- temyd, accordinge as it shall fall out by lottes, except Tente, Bastard, or other pryncipall and deare wyns. Gyvin under the signe accustomed, the daye and yere, etc. " Item : It is orderyd and ennacted, the ixth of Marche, above written in a gennerall Courte holdenather Majesties towne of Galwaye that the Maior for tyme beinge shall not gyve nor graunte no certificat to no freman or any other person or persons whatsoever of this Corporacion befor the said person demaundinge that certificat put in his bill of com- plaint importing his povertie and losses before [the] gennerall Courte and Counsaill for obtaining and observinge any protection or other liberties and fredomes to inbarres 2 and staye his creditors. The Maior or officers so gyvinge and grauntinge the same contrarye this statute, to paye and forfaite the debtes in demaund withoute any respecte or grace. Yevin the daye and yere, etc. " Item : The viiith of Aprieli, 1579, it is orderid and ennacted by us, the Maior, BailliefFes and combrethren, in our Gennerall Assemblye, for dyverse consideracions and utilitie of common wealth, that no person nor persons who hath bene or is in office, and associating the Maior or Bailliffes for tyme beinge in judgement or order betweixt partye and partye, shall not be received either for surtyshippe, 3 liberty, or any other enbaylling or fredome whatsoever. The Maior or Bailliffes receving any of that (sic.) his associates and counsallors in this behalf to paye the playntiffes partye of his accion and demaund. Yevin the daye, etc. Alexander Dermot, Publicke Notary. i butt. 2 embarrass. 3 suretyship. See p. 459. HISTORICAL MANUSCRIPTS COMMISSION. 429 " Memorandum : That on the first of August, 1579, in a Gennerall Archives of Assembly in a Courte holdin at this, her Majesties towne of Galwaye, gaway! by the Mayor, Bailliffes and the reste of the brethren in the same —- assemblid, ther came in question that the statute made in tyme of * Mr. Gyvon Fonte [h]is Mairaltie, in the year 1570, for, through and concernynge the election by the Maiors peyrs of the same of certain f oure to their discrecion unto Bailliffes office, hath bene for moste parte in a manner sence which tyme hetherunto all together necglected to be excersysed or used accordinge to the treue meaninge of the same, but rather contrary wyse all way advised. In consider acion wherof, it hath bene and is hereby thought good by the said Gennerall Assembly that that clause of the election of the Bailliffes shall hencefourth stand voyd, and onely hencefourth abyd and stand perfected from tyme to tyme in manner and forme following, viz. the said Gennerall Assembly for dy verse good considerations perpetually statutid that the Gennerall Assembly of the combrethen, viz. : the most noumber shall have the choice and election of any one housholder beinge a fre man in the Corporacions behalfe for that yere to be chosen Bailliffe and the Maior for the same yere elected by the said Gennerall Assembly to have the election of the other Bailliffe, being a fre housholder, havinge wherwith in habilitie and alwayes to be of good discrecion and behaviour, as to hys dutie shuld appertayne, aDd the clause of the Mairaltie always to stand as it is. " Gyven in our Courte house the daye and yere, ut supra. John Blake, Mayor. — Alexander Dermot, Notarry Publick. " Martin Frenche, Mayor ; Marcus Lynch Fitz St. and Bicharde fol. 86. Butller, Bayllyffes, anno 1579 : " Masters : John Blak Fitz Richard, Johnicken Lynch Fitz A., James Kerwick, Edmond Kerowane, Gy vaunt Ffount, Robuck Lynche, Peyrs Lynch Fitz OUyver, Domnick Brown, Peytyr Ffrenche Fitz John, Peyrs Lynche Fitz John. — 11. " Statutes : " 1. — Item : In a Gennerall Assembly holdin the xxth daye of January 1579 it is orderyd statutyd and perpetually agreyd by the wholle con- sentes and assentes of the sayd Mayor, Bailliffes and combrethren mutually that no owner, master, marryner, grome, boye or any other that cometh in any shipp or barque do in no manner wyse drawe the merchant or merchants wyns or aquavite withoute the merchant or propriatories of the same [h]is consente, and that any such person or persons being founde cu[l]pable doinge the same shall not onelye cause any suche butte or hogsed by them or any of them pearched 1 or drauin to be filled up to the brym of the lyke wyne or aquavitie as the same were, but also to forfayte and paye to the officers for the tyme beinge, the common workes and repayracions of the churche the some 2 of y'i.U., sterling, toties quoties. " 2. — Item : Allso it is orderyd and statutyd in the said Assembly by us the Maior, Bailliffes and combrethren if any of the above named persons be found cullpable to marr wyne or aquavitie either with freshe or salte watter not onely to geve a vessell full of such kynd of good wyne or pierced. 2 sum. 430 HISTORICAL MANUSCRIPTS COMMISSION. Archives of aquavitie, for any suche vessell so marred but also to torfaite as befor is Town of , • 7 . , ,. • , .. .. Galway. sayd w.it. sterling toties quoties. — " 3. — Item : It is furder order yd and estatuiyd in the said Assembly by us the Maior, Bailliffes and combretherne if any be founde culpable with the hydinge or steallinge of any merchandize or wares, do not onely restore the thing or thinges so taken or the uppermuste yallue thereof but also to forfaict the some befor mencioned and that all theas thre statutes is mente to be executed aswell on the persons above nominated as also on the towns bottemen 1 and all others found faultie with the like. " 4. — Item : It is ordered in the above assembly by us, the Maior, Bailliffes, and combrethen, for a gennerall and perpetuall statute, that wher mocion was made unto us, that the ladinge of grene and highe tymber theas certuine yeres paste came to so greate scare i tie and dearthe to no small henderaunce of this Corporacion and common wealth of the franchies of the same, wherby greue 2 such wannte of tymber that it came to such high price that thenhabitaunce and bordorers were not hable to be furnished with their own wanntes. It is, therfor, in that considei- acions orderyd and statutyd as aforesayd that no kynd of such tymber be ladden or transported oute of this towne to any forren country or reallmis upon payn that the buyer and seller of any such so to be trans- ported shall forfait both the tymber and the pryyce therofe without that any of our officers may not at any tyme hereafter license any manner man, of what callinge so ever he or they be of, to trauchporte any manner tymber contrary to this statute, on payne of tenn poundes sterling, to be levyd of his or ther landes and goodes to the comen workes, salfe onely fuell of wood for fyre and the present waDnte of repayringe of the shippis, barques or boates at our haven and not elles- where. fol. 866. " Memorandum : That in a Grennerall Courte holden at this, her Majestys towne of Galwaye, on the xvth of May, 1580, mocion hath bene made unto us, the Mayor and bretherne in the same assembled, that manye and sondery gredy, detestable and inordinatly gayns of leving 3 of intrestes and canities 4 after the rate of a peacke of wheate or a good hyd 5 for the marke 6 by the yeare hath bene reared 7 and taken up by all such as lent money, both to the utter ruyne and decaye of the publique wealth, and also cleare forgettitige all good concienee godly or neighborlye love, but rather in moste contempte of hir Majesties lawes, do by all cullorable practizes and decite under covert use the same. In consideracion whereof and to thend that no such deceit shuld any longer take roote or perfection, yt is therefore perpetually estntutyd by the said Maior, Bailliffes and brethren, that no person or persons of what estate degre so ever he or they be of do at any tyme heareafter the like directly or indirectly piertly 8 or openly and that the some or sommes so lente by any manner person or persons, other wise then that that is allowed by her Majesties lawes, be altogether forfaycted with- oute any respecte or remedy of grace and the same to be convert) d as heareafter ffollowith, viz., the therd parte to the repayracion of the chnrche, the therd parte to the common workes, and the other therd parte to the officers for the tyme beinge for puttinge the same in execucion. " In wittnes whereof the Maior, in the name of the wholle, have here- unto sette his signe, the yeare and daye, ut supra. " Martyn Frenche, Mayor. boatmen. 2 grew. a levying. 4 exchanges of money. 5 hide. f) thirteen shillings and fourpence. ' exacted. 8 privately. HISTORICAL MANUSCRIPTS COMMISSION. 431 " Memorandum : That on the furste of Auguste, 1580, at the electinge A ? r c ^ E Q P 0F and chosinge of officers to the next yeare, as is accustomed, the verdicte Galway. for the bringinge in either of Thomas Lynche Fitz James or Marcus Ffrenche dyd so differ that the verdicte of the courte dyd hytte so evne that neiather one nor other had the moste noumber as in such cases shuld appertayne. In consideracion wherof the wholle courte in gennerall agreyd and gave order that two billes shuld be indifferently put in, and that he of them twayne on whose lotte or chaunche would be to come fyrste furthe to be Bailiefe for the Corporacion for this next yeare, and the other remayninge to be Bailiff e for the Corporacion the next yere ffollowinge the same withoute any exception : the rather for that the courtes roeaninge, intente and. verdicte at the making of a statute this same daye was twelvfemonith that those twayne shuld furste come into the noumber of Bailliffes befor any other. Also yt is agreed and perpetuallye estatutyd by the sayd gennerall Assembly that neither the Mayor for the tyme beinge, nor any Mayors peare, shall have either at the tyme of eilection or for any other cause but the verdicte of one man. Datted, ut supra. " Martyn Frenche, Mayor. Domynick Linche Fytz John Andrue, Mayor ; Thomas Linche and fol. [87]. John Skerret, Baylyffes, 1580 : " Masters : Martine Frenche, Peeres Linche Fitz Olliver, Johnikine Linche, Domynicke Browne, James Kirwicke, Peeter Frenche Fytz Jo., Edmunde Kirowan, Peeter Linche Fytz Jo., Grewan Faunte, John Blake Fytz Richarde. Robucke Linche, Statutes : " Memorandum : That on Michellmas day, being the xxixth of Sep- tember, in anno 1580, in a gennerall Courte, holden at Galway, for the nominacion and placing in office such persons as at the election tyme were thereunto appoynted for the yeare following : It was ordered, estatuted and decreed, uppon the earnest sute and requeste of Domy- nyck Lynch Fitz Jhon Androwe, Mayor for that yeare ensueing, aswell for apeasing of all controversies past betwixt Marcus Frinch Fitz Jhon and Thomas Lynch Fitz James, touching the office of Ballivishipp ; as also to pacifie, quenche and extinguishe any grudg, anger or env)e that may happen betwixt Robart Skerrett and his brother, Jhon Skerrett, for that the said Jhon, by the constitucion of his father in lawe, Dominyck Lynch, Mayor, was advanced to the office of Balliveshipp for that yeare, his senior brother, Robart, having not supplyed that rome before, that the said Marcus Frinch and Robart Skerrett shall have the vocacions, credyt, romes and promocions of Ballives next after Marcus Lynch Fitz Stiphen and Richard Buttler, who wer Ballives the former year under Martyne Frinch, Mayor, and that they enjoy the same in as good state and condicion as any other before called to that function. And the said Thomas and Jhon to succeed the said Marcus and Robart in vocacion and other offices hereafter, according the ancient custom of the towne and the statute in such a case pro- vided. Dated the day and yeare above wrytten, "Dominyck Lynch, Mayor. 432 HISTORICAL MANUSCRIPTS COMMISSION. archives of <( Piter Linche Fitz Marcus, Maior ; Domynicke Martine [and] Marcus Galway. Linche Fitz Pieter, Baylyfes, anno 1581 : foi. [88]. « Maisters : Domynyck Linche Fitz Jo. Pieres Linch Fitz Olliver, Andrewe, Dominick Browne, Johnikine Linche, Pieter Frenche Fitz Jo., James Kirwicke, Pieres Linche Fitz Jo., Edmonde Kirwane, John Blake Fitz Richarde, Gewan Faunte, Martine Frenche. Robooge Linche, " Statutes " : [Blank.] fol. [89]. 1 (t Robooge Frenche Fitz John, Maior; Water [Joyce] and Edmonde Frenche Fitz Robooge, Bayliefes [anno 1582] : " Maisters : Pieter Linche Fitz Nickoles, Domynycke Browne, Johnykin Linche, Peter Frenche Fitz Jo., James Kirwicke, Pieres Linche Fitz Jo., Edmonde Kirwane, John Blake Fitz Richarde, Grewane Faunte, Martine Frenche, Robooge Linche, Domynycke Linche. Piers Linche Fitz Olliver, " Memorandum : That on Michailmas day,being the xxixth of September, in anno 158[2, in a] Courte and Counsayll then assembled yt was by the above May [or], [Robooge] French, and the reste of his assocyates and combrethren, ordred and decreed by somme earneste requeste and mocyon then made, [that] John Linche Fitz Cristofer and Johnykin Linche Fitz Nycholas should afterwards have and enjoy the places, vocations, [and] credytte of Baylyves, nexte after the Baylives which weare for the year [of the] foresaid Robooge Frenches Meraltishippe ; and that they and [each of] them shall have, use and enjoy the function and calleynge of Bayl[lives in] as large and ample manner, state and condycion as any other . . . do, which have supplyed the said office of Baylyshippe and to . . . and followe in the office of Meraltyship (yf yt please . . therunto called) the said Baylives for the yeare of the s[aid Robooge] Frenches Meraltyship. Yeoven the day and yeare above [written]. fol* [90]. "Nicholas Frenche, Maior, Anthonye Linche Fitz Thomas and Ollipher Browne, Baylives, in anno Domini, 1583 : " Maisters : Robuge Frenche Fitz John, Dominick Browne, Johnikin Linche, Pieter Frenche Fitz John, James Kirwicke, Piers Linch Fitz John Oge, Edmunde Kirwan, John Blake Fitz Richarde, Gewan Faunte, Martine Frenche, Robuge Linche, Dominick Linche, Piers Linch Fitz Olliver, Pieter Linche. " Memorandum : That in a Generall Assemblie houlden at this her Majesties towne of Galwey the xx- [day of] Februarie, in the yeare 1 Portions of [89], and of the five following leaves have been lost through decay. HISTORICAL MANUSCRIPTS COMMISSION. 433 of Our Lorde God, 1583, by the Mayor, Bayliefes, burgesses and Archives of [combrethren] of the same yt was by them generally ordred and decreede, q llwat. and for the coin[mon wealth] of the same towne perpetuallie estatuted, that — no person or persons thereof . . . or of what degree or callinge he or they be of shall not at any tyme from the . , . this presente statute eompounde, bargayne nor agree nor yetbringe nor tr[ansport] inanyshipp or shippinges of merchant strangers or others any wynes, aqua[vite or] other wares or merchandizes whatsoever, in waye of bargayne for con- tantemant hide . . . onlie for merchantable hydes or soe muche monye as the merchantable hide is . . . worthe by reason that the towne and Corporacion hath bene thes many y[ears] paste greatlie trobled and muche hindered in payment of the said contantemant, And for better observacion and kepinge of this statute yt was lykwise provided, ordre[d and] estatuted by the said Mayor, Bayliefes, burgesses and combrethren that any person or [persons] of this towne whatsoever offendinge or breakingo the same shall loose forfaite and [pay] the somme of one hondreth poundes sterling to be equallie devyded in three partes to . . . one parte to the common vvorkes, an other to the reparacions of the churche and the [other third] to the officers for the tyme beinge puttinge the same in execucion. " Yeo[vin] the day and yeare above wrytten. " Nycolas Frynche, Mayor. — Law t rence Wilson, [Notary Public]. "Nicholas Linche, Maior, Rieharde Martine and [Geffrey Martine,] f l. [91]. Baylives in anno Domini [1584] : " Maisters : Nycholas Frenche Fitz Ollivef, Gewan Fatmte, Domynyk Browne, Pieres Linch Fitz Jo. Oge, John Blake Fitz Richard, Martin French, Domiuick Linch Fitz Jo., Peeter Linche, Bobuck Ffrench. " Congregacio generalis tenia apud Galviam, in Theoloneo ejusdem, Nicholao Linche Fitz Stephani, Maiore v[ille] predicte, Richardo Martine et Galfrido [Martine] Ballivis ejusdein. ix. die Decembris, anno Domini [1584,] anno regni Reginss Elizabethan vicesimo [sexto] : " Againste transporting of freemens goodes beyond sea. " In primis : Wheare it was ordayned and agreed, in the tyme of Piers Linche, firste Ma[ior of] this towne in anno 1485, that no merchant of the same, being tree, should transporte or [carry] over the seas any goodes that apertayned to unfreemen (as it is termed), upon payne of [foifei]ture of the goodes and the merchant to loose his freedome : It is nowe, for dyvers good [considerations, established and ordayned. by aucthoritie of this Assemblie, that whatsoever fr[eeman] shall henceforth transporte or convey out of this towne, or out of the franchises [or] liberties of the same, any other goodes then that which shall apertayne unto a free- [raan], shalbe disfranchised and forfaitt xx. sterling. That marryners may not convey any unfreemens goodes beyond [seas], " Item : Whear in the foresaid ordinaunce of anno 1485 yt ic apoynted that no maryner or ship[man] should carry or transporte such goodes upon payne of forfaytour of one hondreth shillinges [it] is nowe also e-tablished by aucthorytie of the said Assemblie that if any maryner, sliipman or rnaister of ship do henceforth shipp or yrabarck to be transported [or] o 84068. E E 434 HISTORICAL MANUSCRIPTS COMMISSION. Archives of conveyed into any contrie beyonde the seas, the goodes . . i 1 qSway. or shall not be free of this Corporation that niaryner — shipman or maister of ship . . . xx.li., sterling, fol. [916]. " [item ;] Whear it was agreed in the tyme of Dominiek Linehe Fit/ John, seconde Maior of this towne, [in] anno I486, that no person or persons should purchase or sue any manner writte againste [an]y the inhabitantes of this towne upone paine to forfayte xx.li., as by the same more [at] large doth and may appeare, it is agreed and ordayned by aucthorotie aforesaid that no freeman or inhabytaunt of this town.' shall henceforth sue arrest or implead any ether person or persons of the same by bill, playnte, or otherwyse, in any other Courte or place but in the Tollsillor Courthouse of this towne, [un]till the same suite be here first determyned, upon payne of forfayture of . . . li. ; and the plaintiff, beinge a freeman, to loose his freedom. It is not ment herby that the bringinge of a writte of error to revers a judgment geven here , . shalbe within the compas of this ordinance. " Item : Whear it was ordayned in the tyme of Stiphen Linche Fitz Dominiek, then Maior [of] this towne, in anno 1505, that no house- houlder of the same should lodge ormayntayne in his howse any harlotte or common hore, upon paine to forfaitte vi.s. xin.d., yt is established by the said auchorytie that if any inhabytaunte of this Corporation do hence- forth aid, comforte, lodge, or mayntayne in his howse or otherwyse any bawdry, harlott or harlottes, that then he or they thai [so] offendeth shall forfaitt and loose for every tyme he or they so offend xx.s. " Item : whear it hath bene established in the tyme of Walter Linch Fitz Thomas, then Maior of this towne, in anno 1513, that the Maior for the tyme beinge shoulde choose two Cunstables, in eyerie quarter of the towne, to ayde and assiste him, as by the same more at large doth appeare, it is ordayned and agreed that the nowe Maior and all Maiors, his successors, shall henceforth every yeare, before the frast of Christe- mas, electe and choose two Cunstables, in every warde or quarter of the towne, to be aidinge and assistinge the said Maior and other officers to mentayne th Q peace, preserve the people in due obedyenee and suppresse outrages. Everie Maior that necdecteth to choose Cunstables as before, to forfaytte xx.s. " Item : Whear y t was enacted in tyme of Stephen Lynche Fitz Walter hisMeraltie, in anno 1514, that no townsman shoulde buy chattle of any contrieman but of trewe men, and if he did the contrary, then what hurte the towne sustayned therby the buyer to make amends there- fore : yt is nowe agreed and established, for thaugmentation of our markett and the better encouragement of her Majesties subjectes to buy or sed therin, that whatsoever chattle any freeman or other inhabitant buyeth in playne and open markett, (without fraude or collucion,) makinge an entrance in the clarck of the marketts his booke as . . . chattle as of the seller thereof his name, surname, and . . . buying in suche manner and order shall noe wave fol. [t92]. " Touching slanders and abuses. " Item : Whear it hath bene ordayned in the time of William Martine, Maior [of this] towne, in the yeare 1525, that if any person or persons should speak e [any] injurious or selanderous worries to the Maior, to forfaite one hondreth [shillings] and his body to be ymprisoned : and for lyke selanderous speeches uttered of the Baylives, to forfayte liftie shillinges, as by the same may and [doth] more at large appeare, yt is 1 MS. decayed : See p. 432. HISTORICAL MANUSCRIPTS COMMISSION. 435 agreed and established, by aucthor[ytie of] this Assembly, that all the ^gfoJ^J,?? penalties comprysed within the said aete or . . shalbe henc- '< itwjtirt / forth dowbled, and the ymprisonment to be at the discreation [of the] Maior, Bayliefe or other that shall fynde himself greeved at the inj[urious] or sclanderous wordes. t( Against drawings of weapons. " Item : Whear it is enacted 1 in the Lyme of Richard Blake, then Maior of this t[own] in anno 1533, that what soever person or persons of the same do begin ne any str[ife], debate or quarrell with any other within the same towne, that he shall fo[rfaite] and pay one hondreth shillinges, and if he sliall drawe any weapon, [the] same to be naylled on the pillorie and to make other amendes as [by the] saide acte dothe appeare : Yt is nowe ordayned and agreed by . . . aforesaid that whatsever person or persons >hall vyolate or breake . . . act, that he or they shall be ymprisoned at the discretion of t[he Maior] for the tyme beinge, and if any weapon shalbe drawne in . . . within the towne or ffrauchices therof, the same to be fixed ... (as before) to the pillorie ; the forfayture also of the hondreth [shillinges] to remayne and contynne in force. u Tliat the Mayor for the tym beinge have speciail tokens to sommon men to appeare before hime. " Item : Whear it hath bene established 2 in the tyme of Richard Martin, Maior of this towne, in anno 1536, that if any man or woman be somoned by the Maior or officers to appeare in the Towllsill or court howse at a certayne day or tyme to answer snche actions laid to his or her charge, lie or they that will not apeare personallie or ells his or their attorney to answer in the same, to forfayt and pay vis. viii.d. : It is ordayned an«t established by the said ancthoritie that henceforth the Maior for the tyme beinge shall have small tokens and upon any com- playnt unto him he to send one of the said tokens by the complaynant unto the partie requiringe him to appeare thereupon, wherof if he fayll then to forr'aiti xii.rf., and after the Mayor to sendc a sariant to sommon the said partie, and yf he appeare not upon that sommons then to forfaite vi..y. viii.'A, and the Cunstable to be send to aprehend^j his body and comytte the same to prison for his disobedyence and contempte, ther to remayne untill the complaynant be satistyed. " That nierchaiinfc adventurers be duly paied. 4< Item : Whear it was ordayned 3 in the tyme of John Ffrendh. Maior of this towne, in anno 1538, that whatsoever ship is brought to this towne by any man of the same particularlie or cometh hither upon their owne adventure and »>ougnt by the commons of the same untill the said shipp be fully s rtisfied and paid of their payment, that noe merchant of this towne shall sell or bargayne no hides with any stranger on payne to forfayte and loose all the hides by them so soulde or bargayned : Yt is agreed and ordered by ancthoritie of this Assemblie that no merchant or other iuliabytant of this town from henceforth shall during the tyme of any merchant strangers beinge in this to[wne] or harbour attending© for his or their payment, sell, shewe or proferre to . . . for monnye or other wy^e unto the said stranger [or] strangers or to . . . or their company any hides untill . . . satisfyed and fully paid by his . . . so oifeudingc shall forfaitre . . . 1 See p. 406. 2 See p. 407. 3 See p 408. 436 HISTORICAL MANUSCRIPTS COMMISSION. Archives qm u Item : Whear it was agreed and ordayned 1 in the tyme of James Oia;e GAxwiSJ Linche his Meraltie, in the yeare 1557, that whear divers of thinhabi- fol. [926 1. tantes of this towne would detayne the costome or common rent for such debtes so owinge unto them upon the same towne that no person or persons should so doe but deliver the same to the magistrate yeariie to the use of the common worckes : It is agreed, established and ordayned by thaucthoritie aforesaid that no inhabitant henceforth shall detayne or kepe in his handes or refuse to pay auy rent that apertayneth unto this Corporacion but shall pay the same to thofficers apoynted within fiftine daies after Michailmas yearly upon payne to forfaitt x\.s. " This farr of confirmations and amplifications of ould statutes. " Herafter followeth certayne newe ordinances agreed upon at the said Assemblie : "Inprimis: Yt is established and ordayned by thaucthoritie of the said Assembly that all Maiors from henci'orthe shall observe and kepe these orders followinge, viz., when he taketh his othe on Mychailmas day he shall geve and minister unto the common officers of this towne an othe for their more faithfull and dilligent service and attendance in their offices and charge the yeare followinge ; and upon thadmision of any freeman to the liberties and ffraunchises of this towne, he shall mynister unto ^uche freeman the oth which shall apertayne to his charge ; which othes are as doth ensue : " The othe of a Freeman to be taken when he is admytted : u You shall sweare, by the Holy contents of this Booke, that you shalbe faythfull and trew to God and our Soveraigue Lady, the Qeenes Majestie, her heirs and successours, obaye the magistrates and officers of this towne, maintaine and kepe the lawes an- customes of the same, so farr forthe as you shalbe liable. And whatsoever you shall heare, see, perceave or knowe, that may prejudice this Corporacion any way, you shall not concea'e but revayie yt as soone as you can to the chief magistrate of the same : and all other thinges apertayneth to a freeman and good mem- ber of the common wealth of this towne you shall well and truly observe and kepe. 8o iiod you helpe, and by the contentes of this Booke. " The oth of the Sariantes : " You and everie of you shall swere by the Holy contentes of this Booke that you shall well and trewlie serve the Maior, Bay lives, Burgesses and Commons of this towne of Galwey in the office of Sariantship : You shall not conceale, ne suffer to be concealed, any right or profytte that belongeth to the same towne, but shall lett yt to your power or relate the same to ihe Mayor of the said towne : Also you shall truly serve the processe of this Courte ami . . . the same : You shall sommon your quarters to al) manner of assemblies : You shall not . . . comytte the partie arrested to warde excepte . . . [Bay] lives accordinge the usadge of this towne . . . Maior and Baylives and upon this Courte . . . . your office. Theis and all ... . shall well and truly kepe. " The oth of the Cunstables : f, ,l i " You shall sweare, by that Booke, that you and everie of you w r ell and trullie . . . cur So\eraignc Lady the Qeenes Majestie in thofnee of Cunstableship of your . . . wardes you shall well and truly governe the people therof in peace . . . preserve and foresee that her Highr.es peace be well and truly . . . and kept. Night walkers and disordred persons you shall correct and . . . suppresse, and appease frayes, and shall arrest and comytt to prison [all] offenders 1 See p. 416. HISTORICAL MANUSCRIPTS COMMISSION. 437 contempningc and breaking her Highnes peace by frayes, bloodshed, Archives of or ofcherwyse. You shall not penny tt ne suffer bodely hurte to [be] gaSvayT done to any of her Highnes subjeetes to your power, ne suffer no Irish rebell or enemy to abyde within your wardes without apprehendinge [him or] them, or signifyinge the same speedely to the Maior of this to[wne. You] shall further see that every inhabytant of you severall wardes have . . . billes, 1 armour, and clefencible arraies, aceordinge the statutes in that [behalf] provided. Theis and all other thinges aperiayninge to the office of Cunstableship you shall well and trulie execute and do to your powers. So God [you] helpe, and by the contentes of that Booke. The othe of the Porters : " You shall sweare, by that Booke, that you and everie of you shalbe faithfull and trew [to] our Soveraigne Lady the Queenes Majestie to the Mayor, Baylives, Burgesses, and ... of this towne, and shall observe and kepe all such charge as shalbe g[iven] unto you by the magistrates of the same. You shall not conceale nor hide any arrestes done within this towne, nor enlarge of your selves any that shalbe arrested. Ycu shall take no extortious fees of any person or persons, nor any other duty or fee but such as hath bene accustomed and allowed unto you. Thes and all other thinges apertayninge to the office and charge of Porter you shall well and truly kepe and observe. So helpe y[ou] God and by the contentes of that Booke. " It is lykewyse established and ordayned, by thauctorite aforesaid, that when the newe Maior hath taken his oth, all the keyes of the towne gattes shalbe delivered unto him by the kepers therof, that he may restore them againe to the said kepers or to other newe kepers (if any shalbe chost n) gevinge (hem charge upon their othe to be trewe, vigillant and dilligent, as by their othe before sett downe doth more at large appear e : the keyes to remayne by night time thone moitie or half- fendeaie in the custody of the Maior for the tyme being, and the resydue in the custodie of the last Maior whom in some places they call Maior of the Staple. " It is further ordayned and established by the said aucthoritie that ther shalbe foure General! Assemblies houlden by the yeare in the Tollfill or courthowse of this towne and they to be for the more parte the fourth Fryday after Michailmas, Christenmas, Easter and Mid- somer, vvherin (and noe other tymes without great uecessitie) lawes and constytucions shalbe established and free men admytted. " It is also ordayned that no lease or grante of landes, tenementes or any other thinges apertayninge to this towne shalbe passed, geven or granted but at one of the foure Assemblies, at which tyme the said lease or grant shalbe engrossed [by] the Towne Clarck but not ensealed untill ther be . . . ten dayes after at which tyme the said lease . . . shalbe openly read and . . . Corporacion then . . . same shall ap[peare] . . " It is lykwyse established and agreed that none shalbe henceforth foL 1> 3 ^- allowed to [bu]y cr sell as a merchant within this towne excepte he be admitted a tree [m]an of one of the foure Assemblies aforesaid (excepting all thos nowe [abo]ve thage of xxi. )eares and by thancient customs allowed, reputed and taken to be free), for which admittance every free- mans issue lawfullye begotte shall paye v. every other, not beinge such yssue, having served seven yeares as an apprenlise with some freeman within this towne, shall pay xx. and any other that shalbe made free 1 Axes or hatchets. 488 HISTORICAL MANUSCRIPTS COMMISSION. archives or to pay for his admittance so much as shalbe thought fitte by the greatest OaIwa?; number of the Assembly. " The order of admittance to freedoms to be as followeth : "A. B. admissus fuit ad franchesias ot libertates hujus ville, quia filitis est C. D., liberi hominis, pro fine quinque soiidorum. * A. B., mercator, admissus est ad franchesias et libertates hujns ville, quia implevit terminum cum C. P., libero homine, pro fiue xx. s. " A. B. admissus est ad franchesias et libertates predictas, quia mari- tavit C. D., liberam mulierem, pro fine, etc., lefte to the discretion of the most nomber of thAssemblie. "A. B. admissus est ad franchesias et libertates predictas, pro fine, etc., lefte to the discretion, as afore. 44 It is also further agreed, by the auctoritie of the said Assemblie, that none shalbe admytted or allowed to be Porter at any of the gates of this towne except he be a freeman therof (if any such man be found), and if no freeman may be had to take that charge upon him, then any other that shall supply the said office of Porter to fynd sufficient surties of freemen within this said town to be bounde in fyve hondreth poundes to the Maior for the tyme beinge to the use of the Corporation that he shalbe true unto the same and performe his oth before laide downe. " It ys further ordayned by the said aucthoritie that no freeman within this towne shall receive or take any apprentise for fewer or les-e yeares then seven ; neither any apprentise that shalbe borne out of this town or frranchieses thereof, unlesse it be for that suche freeman shall fynde none within the same to serve him. Any freeman doinge the contrary to forfait xx. li. sterling. " Item : That any and every freeman of this Corporation that willinglie absenteth him or them from the same duringe the space of one whole yeare and a daye, not paying or bearinge with the said Corporation seott and lotte, taxe and tallage, then he or they so absentinge and not paying or bearinge, to be disfranchised and loose his or their freedome for ever. "[It is] likewyse established that if any inhabitant of this towne do at any tyme Tforejstall or regrate the market of the same, that he shall (oblit.) and the goodes so boughte . . . foS. [941 . " It is lykevvyse further established by aucthoritie aforesaid, that if any dweller within this town do hereafter bringe or conveighe into the same the goodes of any other inhabitant therof, and seeke to cover or conceale the said coodes, that he or she so doinge shall make restitution of the goodes to the trewe owner and forfaitte x. li., nomine pene. " It is also established by aucthoritie of the said Assembly that if any person or persons of this Corporacion do henceforth procure or perswade any infaunte of this towne under the adge of xxi. yeares, be he or she prentise or otherwyse } to marrie without thadvyse and consent of the parentes of such infante, or without the consent of his or her tutour or tutours, if the parentes be dead, that then the person or persons so pro- curinge or perswadinge, to forfaitt x. li. sterling. " It is further established and ordayned by aucthoritie aforesaid, that if any goodes whatsoever be pledged or put in pawne to any freeman or other dweller within this towne and not redeemed within one whole year and a day, then the partie to whom suche goodes are pawned may bringe the same before the Maior for the tyme beinge, to whom it shalbe lawfull to make a warrant in wry tinge signed with his hande unto two honest and indifferent men of this towne, by which they shalbe auc- HISTORICAL MANUSCRIPTS COMMISSION. 439 thorysed to estimate or valine the said goodes so pledged or pawned, Akchives oi and what pryce they sett thereon, that the partie in whos handes Galwat, the same hath remayned the tyme aforesaid may at his election sell -—. or convert them to his owne use. And if the pledge or pawne be of lesse valine then the some lent theron, that yt may and shalbe lawfnll to and for the morgagee to challenge the morgagor for the resydue, and yf the pledge be of greater vallue then the some lent as before then the morgagee to answere the overplus unto the morgagor. " James Linche Fitz Arthnre, Major ; Stephen Kirowan and Thomas f ti. 96>1 Browne, Bailivcs, in anno 1585 ; " Maisters : Nicholas Linche Fitz Stephen, Martin Ffrenche, Gewan Faunte, Dominick Linche, Dominick Browne, Peter Linche, Pieres Linch Fits Jo. Oge, Robuck Ffrenche, John Blake Fitz Bicharde, Nicholas Ffrenche. " Memorandum : That on Michailmas day, beinge the xxixth day of September, in anno Domini 1585, in a General! Courte and Counsaill then assembled : Yt was by the above Maior, James Linch, and the rest of his associates and combrethren then assembled, ordered, ad- judged and decreede by the mocion and request of the saide Maior and Nicholas Linche Fitz George and Richard Bodkin shoulde for ever afterwards have and enjoye the places, voeacions, creditte and pro- mocions of Baylives nexte after the Baylives whicii weare for the yeare of thafForesaid James Linches Meraltiship : And that they, the said Nicholas and Richarde, and either of them, shall have, use and enjoye the function and caliinge of Baylives in as large and ample manner state and condition as any other can or may do which have suplyed the said office of Bayliship ; and to succeed and followe in thoffice of Meraltiship (if yt please God they be therunto called) the aforesaid Baylives. " Yeven the day and yeare above wrytten. " James Lynche, Mayor. "Memorandum: That on Lammas day, beinge the firste day of f i. [96 6]. Auguste, in the yeare of our Lord God one thowsand fyve hondreth eightie sixe, in a Generall Courte and Counsell then assembled, yt was by Mr. James Linche Fitz Arthnre, Maior, and all the rest of his assocyates and combrethren then in open Courte assembled, ordred, deter my ned, concluded and generally decreed (by meanes and in consyderacion of an earneste requeste then publiquely made) that Richard Joyce and James Linch Fitz Harrie should from thenceforth forever have, possesse, and enioy the credytt, vocation, rompth, 2 promotion and cailinge of Bayliefes, and have, use and for ever enjoye the same function, pro- motion and nomination of Bayliefes in as full, large and ample manner, forme and condycion as any other shall can or may do which have or herafter shall supply the said office of baylieffeship, without the contra- diction of any whatsoever. Yeoven at Galwey, the day and yeare above wrytten. " James Lynche, Mayor. '''Memorandum; That in a Generall Assembly houlden at this her Majesties towne of Galwey, the first of August, anno 1586, dyvers and 1 A leaf would appear to be deficient between [94] and 96. 2 Jurisdiction. 440 HISTORICAL MANUSCRIPTS COMMISSION. .^kcuives or sondrie persons of thinhabytantes of the said towne of Galwey most oalway. lamentably complayned how that they are contynually overburthened — with cesse, taxe and tallage more than they in substance or wealth a liable to sustayne and beare. And albeit that tliey or any of them ■would be admytted to the office of Baylifeship or Meraltiship, ye: neverthelesse by lawe nor consyence they ought not to be burthened more then their habillite, notwithstandinge any ancyent custonie hef- tof'ore used to the contrary, as by a former order sett, ciowne by Sir Nicholas Malbie/ late Governour of this province of Connoght, and the Counsell of the same, ymportinge that no person or persons shoulde be charged with any cesse or otherwyse but accordinge his habillitie and not his callinge. Which order being grounded up >n so good con- sideracion, to the generall preservacion of thinhabytantes of this Cor- poracion, for avoydinge and preventinge of any other auncyent or unlawfull custome to the contrary, the said Maior, Bayliefes and com- brethren with one assent and consent have herby ordred, established and perpetually estatuted that no person or persons of thinhabytantes ot the said towne of Galwey, of what degree or callinge soever he or they be of, shall from henceforth beare nor pay no manner cesse, tax nor tallage but acordinge his and their liabilities of goodes and lander within the franchises and liberties of the said towne of Galwey ; and that yearly, within xv dayes alter Mychailmas, the Maior for the tyme being shall ympannell a jury of the best and consyonablest men of the said Corporacion to knowe every mans habillitie, that thereby the said cesse, tax and tallage may be duly devyded as to the said jury with thassistance of the Maior for tyme beinge shalbe thought good. Yt is further ordred and established that the common watch and ward, towne messengers, common masons and carpenters, smythes or other common workmen shalbe equally cessed upon every the said inhabytantes, yonge and ouid, poore and riche, and that none that hath bene Maior or Baylief shall pay noe more therol then the yongest howshoulder in town beinge a free man. Fynally it is further established and estatulid that all common bargaynes or other generall profitte, which shall come to the said towne of Galwey., shalbe devyded rateably upon the said inhabytantes accor- dinge as they and every of them shall beare cesse, taxe and tallage and net accordinge their callinge, as in tymes past hath bene accustomed. " James Linche, Mayor. fol 97 "William Martine, Maior; Vallantine Blake and Marcus Linche, Bayliefes, in anno 1586 : ' ; Maisters : James Linche Fitz Arthure, Dominieke Linche, Gewan Faunte, Pieter Linche Fitz M., Dominieke Browne, Robucke Frenehe, Pieres Linche, Nicolas Frenehe, John Blake Fitz R., * Nicolas Linche Fitz St. Martine Frenehe, "Memorandum: That wheras certayne controversy depended betwixt the sargentes of this towne of Galwey and the porters of the same, concerninge the duties and customes of tliinges transported and brought in at the severall gates of the said towne, the said sargentes clavminge the same as due to them, and the said porters alledginge the said customs so to be due to. themselves : For appeasing of which controversy 1 Lord President of Cor.naught, A.D. 1579-1583-4. HISTORICAL MANUSCRIPTS COMMISSION. 4il yt is by the Mayor, Bay lief es, and Combrethren ordred, decreed and herby perpetually estatuted that the severall porters of the sever; !! gates of the saicle towne shall have, levy and receive to their owne uses out of all kynde of cattle, hides and other goodes and merchandize (wherof custome is due) such duties and customs as of antyquytie hath bene accustomed; and lykewyse the said sargentes to have and receive all duties and customes due of right out of sucli wares, goodes and merchandize as shalbe by sea transported and brought into this said towne at the kay or strond and not otherwyse. Yeoven the xvth of December, 1586. " William Martyn, Mayor. " This indenture made at Galwey, the last of September, 1575, betwixt fol. [97 6], Nicholas Skerrett Fitz Edmond of Galway, yongman, merchant, of the one partie, and Manus O'Trehie, on the other partie, witnesseth that the said Manus hath sett himself a prentice or servant unto the said Nicholas for and duringe the tearme and space of seven yeares next and ymediatly ensuinge the date herof and fully to be complett and ended ; the said Manus being bound as a true and faith full prentice to do his said maisters service both farre and neare, both by night and day, he not usinge or frequentinge taverns of custome whordome or fornycacion, neither shall he plaie his said maisters goodes at tables, dyce, tennies. or any other unlawfull games, nor yet espowse maid, wyfe, or widdowe, without his said maisters lycence and consent duringe that tearme. Also, that he shall make trewe and just accompt and recconinge to his said maister of all such goodes as he shall put him in trust withall, when and as often as his said maister shall call for the same. Also the said Nicholas covenanteth and standeth bounden by theis presentes to mayntayne and kepe upp the said Manus with meate, drincke, and cloth compotent for a prentice of his vocacion and callinge for and duringe the said tearme : and after the expiration therof, the said Manus to be free man and merchant, he havinge and receivioge of his said maisters goodes ten poundes sterling as a partener for the space of fowre yeares, accordinge the custome, to say, after the expi- racion of that fowre yeares, Nicholas to have his ten poundes with the one halfendeale of all the goodes and gaynes had or gotten by the same, and Manus to have the other halfe of all the said gaynes without con- tradiction or exception. And, for performance of all and singular the conteutes of this indenture, the parties have plighted their juramentes and put herunto their signes and scales interchangably, the day and yeare above wrytten. " Manus OTrehy his signe. — Peter French Fitz Vallantyne. " Gewan Faunt, testis. — Thomas Skerrett Fitz Edmond. — Allex- ander Dermott, Publick Notary. " Memorandum: That upon the vith day of May, 1581, the above named Manus Trehy was accepted, taken and received as a free man of this Corporacion, by vertue of thexpiracion of his prentiship (accordinge the above indenture) with the said Nicholas Skerrett, and by satis- faction of the some of xx.s. sterling unto me, William Martin, Mayor, to the use of the Corporacion (thaccustomed fees and dutie for any which so served out his yeares of prentyship to pay,) as by the texte therof, in tyme of Mr. Nicholas Linche Fitz Stephens Meralty, more at large appeareth. Whereupon we, the Maior, Bayliefes, and Corporacion do accept, take, and receive the said Manus Trehy as a freeman and mer- chant of this tewne for ever, and his heirs of his body lawfully be- ARCiiiVFS OF Town of Galway. 442 HISTORICAL MANUSCRIPTS COMMISSION. Afjcatw^ or gotten, they yealdinge and answeringe all watch, warde, taxe, tallage, GaTw^y and all other duties oE right due and accustomed for freemen of lyke — vocacion and habylytie to an s were and pay. Yeoven the day and yeare above wrytten. " William Martyn, Mayor. M Valentine Blak, Baylliff. fol. [98]. " John Blake, Maior ; Walter Martin and Anthony Kirowan, Bailiefes, in anno 1587 : " Maisters : William Martin, Dominicke Linche, Gewan Ffaunte, Pieter Linche Fitz M., Doininick Browne, Robuck French, Pieres Linche, Nicholas Linche, Martin Ffrenche, James Linche Fitz A. " Memorandum : That upon Michailmas day, beinge thexxixth day of September, 1587, in a generall Courte and Counseil then assembled, yt was by the above Maior, Mr. John Blake, and the rest of his associates and combrethren (by the mocion and request of the said Maior; ordered, adjudged and mutually with one assent decreed that Pieter Kirowan Fitz Dennis of this towne of Galway, merchant, should be taken in and received as a Bayliefe and one of the Counseil of the same towne and for ever afterwards and from thenceforth to have posses and enjoy the voccacion. credditt, rompth 1 and promotion of a Bayliefe in all respectes next after Vallantyne Blake, whoe was Baylief the former yeare under Mr. William Martin, then Maior ; and that the saide Pieter shall enjoy the same place, rompth and callinge of a Bayliefe in as good and ample manner state and condition as any other person or persons whatsoever called to that function and to succeede the saide Vallantyne Blake in other office hereafter as yt shall please God to call him to the same. Dated the daye and yeare above written. " Jhon Blake, Mayor. fol. [99]. " Memorandum : That upon the fourth day of July, 1587, in a generall Courte and Assembly . . . 2 Maior, Bayliefes, and combrethren of this her Majesties towne of Galway, yt was [ordayned] edicted (and for thappeesinge of a controversy then dependinge betwyxt the Bayfliffs] and certayne the towne merchantes concerninge thaveriges of certayne wynes [that] the Bayliefes had out of a ship of bargayne brought by the said merchantes) perpetually estatuted that the officers for tyme beinge (as the Mayor, Baylieffes, and Towne Clarcke) shall have as they weare accustomed out of every bargayne their due portions of wyne, acquavytie, iron, salte and such lyke, and shall pay for the same all such subsydies customs and averiges as the merchantes which bringe the same bargayne shall pay, thaccustomed fee of attorneyship onely excepted. And further yt was by thaucthorytie aforesaide ordered and estatuted that any merchant or merchantes of this towne which by band obligatory or other wyse stande bounde unto any other of the same in any some or somes of money and refusinge to make payment therof shalbe sworne before the Maior and officers for tyme beinge whether he or they so indebted have the vallue of that debt either in gould, silver, plate or any other moveable goods and catties, and confessinge to have the same by vertue of that his or their oathes, shall presently pay and satisfy the crcdytor or credytors or elles remayne in cloase prison for the same 1 Jurisdiction, office. - MS. decayed. HISTORICAL MANUSCRIPTS COMMISSION. 443 without any privilledge or liberties; and he or they depoasinge not to Akohiwes >. have any such gould, silver, plate or other moveable goodes or chatties to gTlwa!t* satisfy his or their credytoror credytors, shall (as hath bene accustomed) — geve a sufficient pawne or pledge by way of morgage under a sclated howseor tenement within the wales of this towneto countervayle twelve pence sterling out of every pound yearly as interest duringe such tyme as the said debt or eny parte therof shalbe behinde and unpaid. Yeoven the day and yeare above wrytten. " William Martyn, Mayor. "Memorandum: That upon the xxixth day of September, beinge fol. [996] * Mychailmas day, in the yeare of [our] Lord Grod 1586, in a gennerall Court and Counsell. then assembled, yt was by Mr. William Martin ordred, determyned, concluded, and generally determyned and decreed, that Marcus Athey and Nicholas Linche Fitz William should from thence- forth for ever have, posses and enjoy the credytt, vocacion, roompth, pro- motion and callinge of Bayliefes and have (lykewyse from thenceforth for ever) the use, function, and nomination of Bayliefes in as large and ample manner, forme, and condycion as any other shall, can or may do which have or herafter shall, supply the said office of Bayliefship, without the contradiction of eny whatsoever. Yeoven at Galwey the day and yeare above wrytten. " William Martyn, Mayor. " Memorandum : That the xxith day of August, this present yeare 1587, yt was agreede in open Assembly by us, the Mai or, Baylyfes, Burgesses and Comons of this her Majesties towne of (railway, that Christofer Leyns of Croboy within the county of Meethe, gentleman, should be of councell with our Corporacion in all matters of lawe. In consideracione whereof, we, the said Maior, BaylyfFes, Burgesses and Commons by comon consent in the saide Assembly, have graunted unto the said Christofer, during his natural 1 lyfe, one ann[u]ity of twelve shilluiges current money of England per annum, for which alsoe we deliverid unto him a deede bearinge date the day and yeare afforsaide, which we did upon the surrender of a like deede formerly graunted by our predecessors unto Lucas Dillon, 1 nowe Knight and Chief Baron of her Majesty's Exchequer : For testimony and remembrance wherof we have caused this entry to be made in our booke and I, the Maior for the tyme being, have subscrybed my name the said daye and yeare. " William Martyn, Mayor. " Memorandum : That upon the last day of July, 1587, yt was by the Maior and xii Aldermen agreed in their Assembly that none of the per- sons which by mocion, petition, or request have been brought in or here- after shalbe brought in to have the rompth [an]d callinge of a Bay lief (not supplying and cxecutinge the office of Bayliefe) [sha]ll not have neither place nor force of verdict in open court or other [spe]tiall place amongst the rest of the brethren untill such tyme as they [and e]very of them shall enter (in the towne recorde) sufficient suirties . . . 2 and buyldesuch worcke upon the towne wales or other the comon. . . 3 as the Mayor and fowre wardins for tyme beinge shall order . . . 4 upon them and every of them the said Bayliefes brought [in as aforjsaid. Yeoven the day and yeare above wrytten. William Martyn, Mayor. 1 Sir Lucas Dillon was appointed Chief Bai'on of the Exchequer, Ireland, in 1569,, and died in 1592. 2 , 3 , \ MS. decayed. 444 HISTORICAL MANUSCRIPTS COMMISSION, A *fi?wN E oF r " Further yt was ordred and decreed by thaucthorytie aforesaide, for Oalway. nvoydingc [of the] disorders and abuses commonly used in election of tol [100] the tcnviie ^ayliefcs yearly, that [the] election of the towne Bayliefes at Lamas yearly, as aforesaid, shalbe from henceforth made by the Mayor and twelve Aldermen for the tyme beinge, and not by the whole Courte and Counsell, as formerly hath bene used and accustomed. Yeoven the day aforesaid. « William Martyn, .Mayor. " Also and moreover yt is ordred. and by a gennerall assent of the Maior, Bayliefes, and combrethren perpetually decreed and estatuted, that no manner of person nor persons of this towne, of what degree or callinge so ever he or they be of, wdiich have to fearme for tearme of yeares any landes, tenementes, or bowses of any other of the same towne, shall not alyenat, lvtt nor sell his or their interest in the said landes, tenementes, or bowses without the special! lycence, good will and con- sent of the right owner or owners thereof, upon payne of xx. sterling, to the use of the Coi poracion and the forfayture of his and their leases upon the said landes, tenementes, and bowses unto the owners therof, without any grace. Yeoven the day afore wrytten. " William Marty n, Mayor. " Furthermore, it is ordred, decreed, and by thaucthoritie aforesaide perpetually estatuted that every Yongman 1 or other of this towne, of what degree or callinge soever lie or they be of, which shall (by any other of the same towne) be put in credytt or trust with eny commiss- ion] or goodes into eny foraigne contrie, shall presently after his or their comyng [iu]to this said towne (whether by sea or by land) geve a trewe noate and bill of accompt unto such person or persons as so put him or them in commission or trust with eny goodes. This upon payne of forfayture of so much unto the credytor or credytors as the com- mission or goodes so sent doth amount unto. And if in case the person or persons so put in trust or commission should by that his or their noate or bill of accompt be founde faultie or unt[rue] in his dealinge with eny his credytor or credytors, that then he or they so found and prov[ed] culpeable to pay and forfaite to the credytors, without eny grace, ten pence sterling for every penny by him or them so consealed. And further yf in case the credytor or credytors of eny such commission or goodes should not within one twelvemonth and a day challenge] the partie or parties for his or their crymes or offences, that from thence forth it [shall] not be lawfull for them to make any such elayme chal- lenge or demande for more. Yeoven the viiith day of August, 1587. " William Maetyn, Mayor. M. [100 6]. " [This Indenture made at Gralwey, the laste day of Marche, anno Domini, 15(58, betwixt William Martin, of the same, of the one partie, and Cornell Halloran, sonne to John Halloran, late deceased, of th other partie, witnesseth that the said Cornell, with the consent of his mother and freiudes, hath, the said day and yeare put himselfe a prentice unto the said William, to thende and for the tearme of seven whole yeares nexte after the Said date fully to be accomplyshed and ended, duringe which tyme the said Cornell promyseth and byndeth him faithfully and truoly to serve his saide master, taverns of custome not to haunte, and not to play at cardes or dyces nor eny other un lawfull games ; sleepe he shall not out of his maisters bowse without urgent causes ; nor conceale nor waste any parte 1 The " Young men " of the town in 1519 entered into an association, with the sanc- tion of the Corporation. Iu 1611 they obtained a charter and various privileges, in consideration of which they Avere bound to keep watch and ward. Hist, of Galway by J. Hardiman, 1820, pp. 77, 212. HTSTOEFCAL MANUSCRIPTS COMMISSION. 445 of his goodes over the vallue of fowretine pence by the yeare. And the A 5?owX?^ said William proniyseth and byndeth himself well and truly to instruct a a way. and teach his said servant in the scienc and intercourse of merchandize duringe the said tearme and honestly after the manner of a prentise to cherishe, mayntayne and kepe him with meate, drinck, lynnyne and wollen cloathes and all other comodyties nessessary and expedyent for his said callinge ; and after the said tearme so ended without eny fraude, coveine or ympediment admynistred by the said apprentise to make him free as a brother and member of the merchauntes of the same towne and cause the fame to be inrowlled in the courte, guyld and recordes thereof as apertayneth. In witnes whereof the said parties have interchangeably sett herunto ther signes and seales at Galwey aforesaid the day and yeare above mentioned. " William Martin. '* Beinge present at thensealinge and delivering of this deede we whose meanes are subscrybed : Dominick Martin, testis; Francis Martin, testis; John Athy, testis. " Memorandum : That the xxvith day of Apriil, 1587, the above named Cornell Halloran was by the Mayor, Bayliefes, combrethren, and whole Corporacion, upon vewe of thaffore indenture of apprenticeship, accepted, taken, and received as a member and free merchant of the said towne, he his heirs and ofspringe of his body lawfully begotten for ever, and the same exemplyfyed unto him and his heirs under the common seale by the xii Mayors [peers] the day and yeare above wrytten as by the same bearinge that date more at large may appeare. " William Martyn, Mayor. " This Indenture made at Gal way, the xxiith day of Novefmber, in the fol. [100*]. yeare] 1 of our Lorde God 1587, and in the thertich yeare of the raigne of [our sovereign Lady] Elizabeth, by the grace of God Quene of Englande, Fraunce and Ireland, [Defender of the] Faithe, etc. betwixt John Martin Fitz William, of Galway, merchant, [of the one part,] and Terrollagh O'Dowan, of Bunowan, in the county of Galway, . . . [of the other part,] witnesseth that the said Therrollagh, by the assent and consent . . . brethern and ffrendes, hath become bounde prentize, like as by theis, . . . become bounde prentiz unto the said John Martin for and duringe the tyme and tearme of seaven years fully to be cora- plet and ended next and . . . insuinge the date hereof, duringe which tyme the said Therrollagh promisseth, covenaunteth, and graunteth to and with his said master to serve him truly, humbly, diligently, vigilantly and faithfully in all matters, services and all other . . . whatsoever wherewith he shalbe put in chardge by his said master aswe[ll] the trade of merchaundiz as in all other service in the country or in all other forrein contries as well by day as also by night. The said Therrollagh further covenaunteth, promisseth, and graunteth to and with his said master not onely to live chaste but also not marry duringe the said tearme without the co[nsent] of his said master and that duringe the said tearme he shall not pley ... at no unlawful 1 games and yf at seldom tymes he should chaunce to pley at lawful games, that he shall not excede in pley not above the matter of . . ., that he shall not were no gorgious apparell, that he shall not be prod[igal] nor delicious neither in eatinge nor in driucking, that he shall not be . . . sleeps that he shall not in any wise discree his said masters seacrettes . . , that he shall hide nor waste nothinge of 1 Ms. decayed. The leaf does appear to have been included in the old numera- tion of the Ms. 446 HISTORICAL MANUSCRIPTS COMMISSION. A >;< hives or said masters goodes . . . [On the] parte of the said John Martin, ^Tway * le ^oth. P romise > covenant and graunte [unto] the said Therrolagh his - — ' prentiz that yf the above promisses, covenaun[tes and] grauntes be well and truly duriuge the said terme observed, performed, an[d done] so as by the good testimony of his dealinges his master should thinek him [fit] to have freedom within this Corporacion that then the said John Martin . . . recompence of his said prentiz [h]is good service standeth hereby bound upon his [owne] proper costs and expences to be a meane to gee him out the common seale of Galway to confirme his ffredome in such sorte as others the like have had or that of rignt they should have, and for performance of all and singuller the premisses either to other byndeth their persons, goodes, chatles and landes, heires, executors and assignes present and to come to the cohertion of any Judge or Judges the matter shall require aswell on this side of the sea as beyonde, renuchinge 1 all manner of exceptions contrary. " In wittnes wherof the said parties have interchangeably set to their hand[s and] seales, and prayed the Publicke Nottary to register the same in his book of rec[ords] the year and day, quibus ut supra. F1 Therrollagh O'Dowan. — Ex. Lawrence Wilson, Public Notary. " Forasmuch as the above named Therrollagh O'Dowan have truly and faithfully served out his yeares in all respectes to my ffull contentacion, I have therefore with the assent and consent of my brethern and the customes and orders of this and all other good cittyes and townes graunted unto the said Therrollagh [for the] consideracion aforesaid his ifreedom of buinge aud sellinge in grose and ... of all merchaun- diz and wares in as lardge and ample maner as any other . . . haih, ought or should have both within this Corporacion and also to and ffro . . . frome all other fforrain realmes, places and partes durin^e his naturall life. And in like maner yf the said Therrollagh do espouse and marry with a ffree woman of this Corporacion that his yssue male by her lawefully begotten shalbe ffree as aforesfaid], he alwayes and his said yssue payinge all taxe, tolladge and all other due[s such as] other his like should or ought to pay. Yeoven at Galway under our handes . . . day of August, 1594. " Johne Ma[rtin]— Ex. Geffr . . ., Notary P[ublick]. " This admitance or free-making of Tirlagh O'Dowan is utterly dis- sanuld and made voide by the wholi Coort houlden on Wednesday, being the third day of October, 1594. >]. [101]. "Andrewe Mareis, Maior; Patricke Kirowan and George Man-is, Bayliefes, anno Domini 1588 : " Maisters : John Blake Fitz Harrie, Pieter Linche Fitz Mar., Gewan Faunte, Eobuck Frenche, Dominick Browne, Nicholas Linche Fitz St., Pieres Linche Fitz John, James Linch Fitz Ar., Martin Frenche, William Martin. Dominick Linche. " Memorandum : That upon Mychailmas day, beingethe xxixth day of September, 1588, in a generall Courte then assembled, yt was by the abovenamed Maior, Mr. Andrewe Marreis, and the rest of his associates and combrethren then assembled, ordred, adjudged, and generally de- 1 renouncing. HISTORICAL MANUSCRIPTS COMMISSION. 447 creede (by the Maiors mocion and request) that Thomas Linche Fitz- Vrc i Ambrose should for ever afterwards have, posses, and enjoy the place, Galwa.t. vocacim, roompth, credyit, promocion, and callinge of Bayliefe next aft^r Patrick Kirowan and George Marreis, which weare Bayliefes for the yeare of thr said Andrewe Marreis his Meraltship. And, further, yt was ordred by the foresaid Maior and his associates that the said Thomas Linche shall have, use and enjoy that function and callinge of a Bayliefe in a* full, large, and ample manner, state, and condycion as any other shall, can or may doe which have supplyed the office Ox Bayliefship and shall succeede and followe the said Patricke Kirowan and George Marreis in thoffice of Meraltiship as is accustomid. Yeoven the day and yeare above wrytten. " Androw Mareys, Mayor. — Ex. Lawrence Wilson, Publick Notary. " Richard Browne, Maior ; Ollipher Kirowan and Peter FrencheFitz- fol. 102, Vallantine, Baliefes, in anno Domini, 1589 : " Maisters : Andrewe Mareis, Pieter Linche, Gewan Ff'aunte, llobuck Frenche, Domynick Browne, Nicholas Linche, Piers Linche Fitz Jo,, James Linch Fitz A., Martine Frenche, William Martin, Domynick Linche, John Blake Fitz H. " Memorandum : That on Mychailmas day, beinge the xxixth of September, in anno Domini 1589, in a gennerail Oourte then houlden and assembled, yt was by thabove named Maior, Mr. Richard Browne, and the restot his associates, combrethren, and burgesses then assembled, ordred, adjudged, and generally decreede and concluded, that Edmonde Colman and Domynick Bodkin should from thenceforth and for ever afterwards have, possess, supply and injoye the place, vocation, rompth, credytt, promocion, and callinge of Bayliefes next after Ollipher Kirowan and Peter French Fitz Vallantyne ; and that the said Edmonde and Domynickf 1 , and ei;her of them, shall have, use and injoye that function and callinge of Bayliefes in (nil, large and ample manner, state and condycion (in all rcspectes) as any other shall, can or may doe, which have supplyed that olfice of Bayliefship under any Maior, and acordingly shall succeed and followe the said Ollipher and Pieter French in thoH.ce of Meraltiship. Yeoven the day and yeare above wrytten. "Rychard Broun, Mayor. — Ex. Lawrence Wilson, Publick Notary. "This indenture, made the xth of June, 1577, betwixt William Hal- fol. 1026. loran, Yongman, and the one partie, anclEdmond Ffrench Fitz Nicholas on the other partie, witnesseth that the said William hath sett himself as a prentice unto the said Edmond for tearme and during the tearme and space of seaven yeares next ensuinge the date hereof fully to be complett and ended. " The said William covenanted), and standethbounden to serve his said master truly and faithfully duringe that tearme, in doinge his service both day and night as a prentice of his callinge and vocacion ought to doe. Neither shall he mispend, waste or lende his said Masters goodes, nor espowse wyfe, maid, or widovve duringe that tearme without especiall lycence of his said Master. And that the said William shall not frequent or hfiunte taverns or ale houses, nor play his Maisters goodes at cardes, dyce, tables, or any other unlawful! games. Also the 448 HISTORICAL MANUSCRIPTS COMMISSION. Archives oi said William covenanteth and standeth boundeu to kepe his Maistene Gxlwat! secretes. — Lykewyse the said Edmond for his parte is bound to kepe and men- inine the said William with meate, drinck and cloathes such as aper- tayneth to a prentice of his callinge and vocation duringe that tearme of seaven yeares ; and, after the end and expiration of that tearme, the said Edmond, his heires, executors, and assigns stand boundeu to make the said William a free man and a brother amonge the Corporation of the merchantes of Galwey only upon the said Edmonds only cost and charges. And fur performance herof well and truly to be observed and kept on the behalf of the said William, he hath to this part of this in- denture, remayninge in the custody of the said Edmond, put his hand and signe manutil, the day and yeare above wrytten. " William Halloran. — Alexander Dermott, Public Notary. "Memorandum: That upon the xviiith day of June, 1590, the above named William Halloran was by the Mai or. Bayliefes, and combretheren upon vewe of tharfore indenture (in a Gennerall Assembly honlden the same day) accepted, taken, received, and made a free man and merchant of the said towne of Galwey, and his heirs of his body lawfully begotten for ever, they yealdinge and answeringe all watch, warde, taxe, tallage, and all other duties of right due and accustomel for free men of lyke vocation and habillytie to answere and pay. Yeoven the day and yeare above wrytten. " Richard Brown, Mayor. " J antes Linche Fitz Ambrose, Maior ; John Martin Fitz Patricke and Walter Frenche Fitz Nicholas, Bayliefes, in anno Domini 1590: " Maisters : Richarde Browne, Robuck French, Gewan Ffaunte, Nicholas Linch, Doniyniek Browne, James Linch Fitz Ar., Pieres Linch Fitz Jo., William Martin, Domynick Linch, John Blake, Peeter Linch, Andrewe Mareis. " Memorandum : That in a Generall Assembly houlden at the Guild- hall of this her Majesties towne of Galway, the viith of May, anno Domini 1591, bj the Maior, Aldermen, Bayliefes, Burgesses, Comonalty, and all sortes of Iree men and inhabytantes of the same towne, yt was ordayned, established, enacted, concluded, and apointed of one common assent by the said Maior, Aldermen, Bayliefes, Burgesses, freemen and inhabytantes, that Richard Browne, of Galwey, aforesaide, Alderman, James Linch Fitz Arthure, of the same, Alderman, Ullicke Linch Fitz Edmonde, Mychaeli Linche, Thomas Kirowan, Anthony Linch Fitz Thomas, Arthure Blake, Edmond Athey, James Linch Fitz Martin, Marcus Linche Fitz Martin, Walter Athye, and Marcus Blake, of the same, merchantes, shall with all convenymt speede taxe, cesse, devyde, and cutt 1 upon all the said Maior, Aldermen, Bayliefes, Burgesses, free men and inhabytantes equally and indifferently, acording their severall goodes and chatties whatsoever and wheresoever and acordinge the cleare vallue of all their severall landes, tenementes, and heredytamentes within the saide towne, and the ffrancheses and lyberties of the same, all and singular the s mme and sommes of money wherein the Corporation of Galwaye af resaide is lawfully indebted or bound to pay by deed or 1 Exact or levy. HISTORICAL MANUSCRIPTS COMMISSION. 449 deedes perfected under the common scale or seales of the said Corpora- tion to any person or persons ; and that Mr. John Lincb, gent[Jeman], the Gennerall Receiver and Chamberlayne of the said Corporacion, shall collecte, gather, levy, and receive by distres, suites, ymprisonment, and all other lawful!, ordynary or usuall meanes, all and siuguler the severall somme and sommes of money that shalbe so taxed, cessed, devyded, and cutt upon every the said Maior, Aldermen, Bayliefes, Burgesses, free men and inhabytantes, and that the said some and sommes so collected, gathered, levyed, and received as aforesaide, shalbe presently after the receipt therof satisfy ed and paid unto all the said person and persons to whom the said Corporacion is indebted under their common seale or seales as aforesaid. " James Lynche, Maior. " Where the Corporacion of this, her Majesties towne of Galwey, hath fol. 103 b. bene and is indeabted to certaine persones of the said towne in divers soomes of money disbursed for the common proiites and necessitie of the said Corporacion, which soomes being over greate to be at one tyme divided uppon thenhabitantes of the same towne, the Mayor, Baylifes, Burgesses and Cotnynaltie of the said towne have formeriie agreede, or- dayned, appoincted, and enacted that, for the more easie payment or the said debtes, a custome and subsidy should be payed oute of all the wares and merchauhtizes comiDg to Galwey aforesaid for, during so long tyme, and untill the money collected, gathered, and received, by vertue of the said custome and subsydie, should satisfie and pay all the deabtes of the said Corporacion, which custome and subsidie hath bene many yeares quietlie collected, gathered, and received accordinglie and a greate parte of the said deabtes by that meanes satisfied to the creditors. But, in processe of tyme, throwghe the favoure, tolleraunce, slacknes, and negligence of sonndery Mayors, and other officers of the said towne, a greate deal of the said custome and subsydie hath not bene collected, and much of the soommes collected was not imployed in payment of the said Cor- poracions deabtes, to the greate discredite of the whole Corporacion, and hinderaunce of the said creditors. For remedie whereof, and for the more easie and spedie payment of the said deabtes, in a genneral Assemblie holden at the Guild-hall of the said towne, the viith of May. 1591, it was ordained, established, and enacted by the said Mayor, Aldermen, Baylifes, Bourgeises, Cominaltie, and all sorte of freemen and inhabitantes of the same towne, that certaine honest, sufficient, and indifferent persones of the same towne should with all convenient speede tax, cesse, divide, and cutt uppon the said Mayor, Aldermen, Baylifes, Burgeises, free men and inhabitantes, equally and indifferentlie, all and singuler the sommes of money wherein the said Corporacion is lawfully indeabted, as by the said statute recorded in the statute booke of the said Corporacion more at lardge appareth ; wherein the said persones appoincted for the said tolladge havinge longe tyme travay lied accordinge thentent of the said late statute, enformed the said Mayor, Baylliffes, and Cominaltie in a gennerall Assemblie that the said taxe and tolladge cold not be equally or certainelie made untyll the severall sommes dewe to the said Corporacion for the saide subsidie and custome should be levied, taken upp, and received, so as the reste and remanaunt of the said Corporacions deabtes, whereunto the said soomes dewe for custome and subsydie do not amounte, should be certainelie knowen and accord- inglie taxed and devided uppon the said Mayor, Baylliffes, Burgesses, and Comynaltie accordinge thentent of the said late statute. " Therefore, in a generall Assemblie, holden at the said Guild-hall by the said Mayor, Baylliffes, Burgesses, and Comynalty, the xviiith of o 84068. F V Archives of Town op Galway. 450 HISTORICAL MANUSCRIPTS COMMISSION. ARcnrvEs of June, 1591, it is ordained, established, enacted and appoiucted by the Galway! sa ^ Mayor, Bayiiffes, Burgeses, and Comynaltie, that the Mayor and — Baylifes of the said town and every of them may and shall arrest, take, and hold in prisone the bodies of all and singuler persone and persones specified and contayned in the severall bookes and registers of Lawe- raunce Wylson, Publique Notary, and .Rowland Skerreth, and Mr. John Lynch, the Chamberline and Grennerall Receiver of the said Cor- poration, to be endeabted and chardgeable to the said Corporacion for any somme or sommes of money of the said custome and subsydie untyll every of the said persones so chardged shall fully satisfie and pay to the said Chamberline to the use of the said Corporacion all and singuler such sommes of money wherewith they and every of them are severally chardged in the said severall bookes and registers and also may and shall arrest the goodes of all and singuler of the said persones chardged and indeabted as aforesaide founde within the said towne, and the ffraunches and liberties of the same, and the said goodes so founde shall sell at the best and greatest price they may, and the money of them received and had shall deliver to the said Chamberline to the use of the said Corporacion towardes the paiement of theire said deabtes and also fol. 104. that the said Mayor, Baylifes, and every of them may and shall seize and extend 1 all and singuler the landes and tenementes of every of the said persones chardged or indebted for the said subsidy and the ysaues and profictes of the said landes shall levie, take upp, and deliver to the said Chamberline untill the severall soomes wherewith every of the said persons be severally chardged to the Corporacion by the said book and registers, as aforesaid, shalbe fully levied, taken upp, satisfied, and paied, so as the said persons appoincted for taxinge and dividinge of the said Corporacion deabtes may presently proceede to tax and divide the rest and remanant of the whole deabtes dewe uppon the said Corporacion and that from thencefowerth the said custome and subsydy shall ceasse, be determyned and extinguished for ever. "James Lynch, Mayor. " Memorandum : That upon Tewsdaye, being the third day of Auguste, 1591, in a gennerall Courte then assembled, yt was by Mr. James Linche Fitz Ambrose, Maior, and the whole Councell and combrethren of this, her Majesties towne ofGalway, ordered and gennerally decreede that Arthure Blake Fitz John, Stephen Ffrenche Fitz Ffraucis, and James Linch Fitz Henry, the yonger, shoulde for ever afterwardes have, possess and enjoy the place, vocation, roompth, credytt, promotion and callinge of Baliefes, in degree and place next after John Martin Fitz Patrick and Walter Ffrench, Bayliefes for the yeare of the said James Linch Fitz Ambrose his Meraltiship. And further yt was ordred and gennerally decreede by thaucthorytie aforesaid that the said Arthure, Stephen, and James, shall have, use and enjoy that function and callinge; of Bayliefes in as full, large and ample manner, state and condycion as any other shall, can or may doe which have supply ed the said office of Bayliship and shall succeede and followe (if God permytte them lyfe) the foresaid John, Martin, and Walter Ffrench in thoffice of Meraltv- ship, as is accustomed. " Yeoven under the signe of the said Maior, the day and yeare above wrytten. " James Lynche, Mayor. " Ex. Lawrence Wilson, Pub [lie] Notary. fol. 1046. " Memorandum : That yt beinge ordred and decreede by the Maior, Bayliefes, etc., the third day of August, 1591, (upon a bill exhibyted by 1 Proceeding under writ styled of " Extent." HISTORICAL MANUSCRIPTS COMMISSION. 451 Arthure Blake, Stephen Ffrench, and others, for the roompth of Bayliefes, Archives of that not only they, but also eny other honest batchler and treeman of this galway! Corporacion that would take that place upon him to answer and beare a — Bayliefes porcion of all ymposycions should be accepted and received to the same : Yt is therefore hereby ordred and decreed that Richard Linch Fitz Walter shall for ever hereafter have, posses and enjoy the place, vocacion, roompth, credytt and calling of a Bayliefe, in degree and place next after James Lioche Fitz Henry, the yonger. and shall have and use that place of Baylief, in as full, large and ample manner, state and condycion, as eny other shall, can or may doe, which any way heretofore have supplyed that office, and accordingly shall succeed and followe (yf God permytt him lyfe) the said James Linche Fitz Henry in thoffice of Meraltyship as is accustomed. Dated at Galwey, the xvith day of September, 1591. "James Linche, Mayor. "Ex. Lawrence Wilson, Pub [lie] Notary. " Memorandum : That wheras yt beinge ordred (by the Mayor, Bay- liefes and combrethren of this towne of Gralwey. the third day of August, 1591, upon a bill exhibyted by Arthure Blake, Stephen French and others, for the places and roornpthes of Bayliefes) that not only they but also eny other honeste batchlor, howsehoulder and freeman of this Corporation, that would take that place upon him to aunswere and beare a Bayliefes porcion of all ympocytions that might happen upon the said Corporacion, should be accepted and received to the same place : yt is therefore herby ordred and decreed by thaucthorytie aforesaid, that Arthure Linche Fitz Ambrose, of the said towne of Galwey, merchant, shall for ever hereafter have, posses and enjoye the place, vocacion, rompth, credytt and callinge of a Bayliefe, in degree and place next after Nicholas Linche Fitz Walter Reughe ? and shall have, use and enjoy that rompth and place of a Bayliefl* in as full, large and ample manner, state and condycion as eny other shall, can or may doe which any way hertofore have supplyed that office and accordinglie shall in his degree come unto the office of Meraltyship, as is accostomed, God per- mytting him lyfe. " Dated at Galwey, the xxth day of September, 1591. " James Linche, Mayor. " Ex. Lawrence Wilson, Public Notary. Memorandum : That, it beinge ordred and decreede by the Mayor, fol. 105. Bayliefes, and combrethren of this towne of Gal way, the third day of August, 1591, upon a bill exhibyted by Arthure Blake, Stephen Ffrench and others, for the places and roornpthes of Bayliefes, that not only they but also eny other honest batcbler, howshoulder and freeman of this Corporacion that would take that place upon him to answere and beare a Bayliefes porcion of all ymposytions that might happen upon the said Corporacion, should bee accepted and received to the same place : Yt is therfore ordred and decreed by thaucthorytie aforesaid that Ambrose Linch Fitz James, of the said towne of Galwey, merchant, shall for ever hereafter have, possess and enjoy the place, vocacion, roompth, credytt and callinge of a Bayliefe, and, in all sortes, use and enjoy the same, in as full, large and ample manner, state and condycion, as eny other shall, can or may doe, which eny way heretofore have supplyed that office, and accordingly shall, in his degree, come unto the office of Meraltiship (God permyttinge him lyfe) nexte after Arthure Linche Fitz Ambrose. "Dated at Galwey, the xxth day of September, 1591. " James Linche, Mayor. " Ex. Lawrence Wilson, Pub[lic] Notary. f f 2 452 HISTORICAL MANUSCRIPTS COMMISSION. Archives of " Willick Linclie Fitz Edmond, Mayor; James Linch Fitz Martin and oSSwS fitter Blake, Bailliffes, anno Domini 1591 : fol. 106. 6t Maisters : James Linch Fitz Ambrosse, Nicholas Lynch Fitz Stivin, Gevan Ffaunth, James Linch Fitz Arthure, Dominick Browne, William Marten, Dominick Linch Fitz John, John Blake Fitz Harrie, Pitter Linch Fitz Markes, Andre we Mai res, Robucke French, Richard Browne. fol. ioM>. " This Indenture, made the fifth of October, in the yere of our Lord God, 1591, betuixt Frances Martin, of Galway, in the contey of Gal way, merchant, and John Omarkighan, son ne to Walter Omarkighan, late deceased, of thone partie, and Walter Athy of Galway, in the said conty, also merchant, of thother party, witnesseth, that the said Frances Martin and the said John have putt the said John with the said Walter Athy, as a prentice and servant, after the manner of a prentice and servant with him to dwell, from the feast of Mychellmasse last past before the date hereof unto the end and terme of seven yeares next ensuing fully to be complett and endid. By all which said tearme the said John Markighan, a prentice to the said Walter Athy, as his maister, well and faythfully shall serve, his secretts shall keepe, his commandements lawful! and honest every where shall do, fornicacion in the house of his said master nor without shall not comytt ; hurtt to his said master he shall not do nor consent to be donn, but he to his power shall lett or anon his master warne ; tavernes of custome he shall not haunt, but if it be about his masters bussines, there to be don. At dice, cards or any other unlawfull games he shall not play ; the goodes of his said master he shall not waste, nor them to any man lende ; without his master's licence, matrimony with any woman within the said tearme he shall not contract nor espouse ; from his servyce nether by day nor by nyght shall absent or prolong himself, but as a true and fayfhfull servant ought to behave himself, as well in wordes as deed. And the said Walter Athy unto the said John Markighan, in the trade of merchan- dize the which he now useth, after the best manner that he can or may, shall teache and enfourme, or cause to be taught and enfourmed, as much as to the said trade of merchandise belongeth or in any wise apertaineth ; in due manner to chastise him ; fynding unto his said servant meat, drynk, linen, wolen hose, shoes and all manner thinges to him necessary or belonging for such aprentice to be founde. " In witnes wherof, the said parties have interchangeably put hereunto their severall handes and seales the day and yeare first above written. " Frances Martin. — John Markighan. "Present at the sealing and delivery hereof we whose names are subscribed : " R. Duacensis. 1 — John Lynch. — Ellin Martin. — William Skerett. " Memorandum : That the fourth of August, 1591, it was ordred by a commen consent in the Court house or Tolsell of this her Majesties towne of Galway, that Domynick Lynche shall have yearly, as a stipend or fee, out of the custom of subsidy as long as he shalbe attending uppon the office, to saye, the somme of twenty shillinges, sterling. < o! "Anno Domini 1592, annoque regni Regine [Elizabethe] xxxiiii. 1 Roland Lincb, Bishop of Kilniacduagh, A.D. 1587-1625. HISTORICAL MANUSCRIPTS COMMISSION. 453 " Valentyne Freinche, Maior ; John Lynch and Geffry Freinch, a^^vjjs of Ballives, anno predicto : Galway. " Masters : Ullik Lynche, James Lynch Fitz Arthur, Givane Fonte, William Martyn, Dominick Browne, John Blak, Dominick Lynch, Androw Mares, Peeter Lynch, Richard Brown, Robuck Freinch, James Lynch Fitz Ambrose. — 13. Nicholas Lynch, " Memorandum : That yt is ordred and perpetually decreede by the worshipfull Vallantyne French, Maior, and the rest of the June apoynted by the Courte in a gennerall Assembly houlden the iiith day of August, 1593, for vewinge of the waste plott of grounde next adjoyninge to Mr. Ullicke Linch his newe howse at the key dysyred by John Butler for erectinge a tenement theron, that the same plott of ground shall in sorte as yt nowe doth for ever lye waste and never herafter be graunted to any private person for any kynde of use or comodytie. As also yt is ordred that the waste plott or parcell of ground lyinge without the lyttle gate neare the said gate towardes Piers Linch Fitz John Oiges garden shall lykewyse for ever lye waste and not herafter be granted to any person or persons from the Corporacion. Yeoven at Galwey the day and yeare above wrytten. "Valentine French, Mayor. " Wheare George Marreis made petytion to the Maior and brethren of fbl. [1076]. this her Majesties towne of Galwey to have a howse roomth graunted him neare Piers Linch Fitz Johneckes garden, without the lyttle gate, the consyderacion whereof wheathr yt was grantable (without prejudyce, hinderaunce or danger to the salfegarde and commonwealth of the whole towne) was in a genneral Assembly houlden by the said Maior and brethren on Frydav the third of August, 1593, referred to the discretion of Vallentyne French, then Maior ; Domynick Martin, Recorder ; John Linche, Chamberlayne ; Ullick Linche, Domynick Browne, Alderman; John Martin Fitz William, Rowlaude Skerrett, Marcus Linch Fitz Nicholas, Thomas Kirowan, James Dorsey, Marcus Linch Fitz Stephen and John Skerrett of the same, merchauntes, who the next day after the said day, takinge vewe of the said place and consyderinge of the dis- comodytie and danger that aryseth and is incydent and hanginge of the howses that are already buylded neare the wales without, have concluded and agreed in one that not only the said George Marreis but also all others should for ever be forbidden to proceede to any buyldinge upon the premyses : and that in convenyent tyme, to say, at Mychailmas next a general! enquyrie should be made of all the harmes, hurttes and dangers the body of the towne sustayneth and is lyke to sustayne through the said buyldinges already made without the towne as aforesaid, and that, upon presentment therof by good and discreete consyonable men, the same should be avoyded by breakinge downe of all such howses and closes acordingly and especially all buyldings made without the said lyttle gate. "Valentine Frenche, Mayor. " Memorandum : That in the said open Assembly yt was agreed, in the behalf of Marcus Linche Fitz Nicholas, with his own consent and request, that he should be paid of his debt upon the Corporacion out of the subsydie money to be allowed him upon his warrantes therein, so 454 HISTORICAL MANUSCRIPTS COMMISSION. A 'town E80F that the said Marcus shall forgoe his interest for the loane of his said Galway. debt and enter in bondes for the same on condycion he shalbe exempt and free from any contrybucion of any interest due to any other person for any former debt the towne oweth by obligations nowe of force, other- wise yf incase the other credytors do gett interest for their money the said Marcus to have the lyke allowance for his forbearance. fol. 108. "Anno Domini, 1593. " J ohn Martin, Mayor ; Robuck Martin and Arthur Lynche Fitz James Baillyffes : " Maisters : fol. 108 A. Vallentin Ffrenche, James Linche Fitz Arthur, Givan Ffaunte, John Blak, Dominicke Browne, Andre we Marres, Dominick Linche, Richard Browne, Peter Linche, James Linche Fitz Am., Robuck Ffrenche, Ullick Linche. Nicholas Linche, " Memorandum : That the day and yeare above written, in a gennerall Assembly holden in the Guyldhalle of this towne of Galway, Lawrance Wilson, Courte-clerck or Publicke Notary of the said towne, did resigne and putt over his whole right, title and enterest in the said office unto Stephen Linche Fitz Thomas of the same ; and made suite and petition unto us to accept and thinke well of his resignment and to graunte the same unto the said Stephen, together with all the fees, proffittes and per- quisytes to the said office incident and belonginge : We, therefore, the Mayor, Balyffes, Burgesses, bretheren and Comonaltie of the said towne, of one wholle assent, for, and in consideracion of the good opynion which we conceave of the honest sufficiencie of the said Stephen, in the exercise of the said office, have, and by these pre- sentes, do geve and graunte unto the said Stephen the said office of Towne Clearcke, or Publicke Notary, with the yearely fee of sixe poundes, sterlinge, together with all and singuller the freedomes, per- quisites and proffyttes to the same belonginge or in anywise apper- tayninge in as lardge and ample maner as the said Laurence or any other heretofore exercisinge the said office had or ought to have the same. To have and to hold the said office, with all and singuller thap- pertenaunces aforesaid, to the said Stephen for and duringe his good behaviour. And yt is likewise agreed and consented by us, the Mayor, Bailiffes, and bretheren aforesaid, that the premisses shalbe conveyed and sufficiently assured unto the said Stephen under the common seale of the saide towne. And the said Stephen then in our presence did take his corporall othe, upprightly, truly and ffaithfully to exercise the said place and accordinge to his with and skylle to behave and demeane himselfe therein loyally to her Majesty, [and] faithfully and truly to the Corporacion aforesaid in all pointes. Die et anno quo supra. " Memorandum : That, xvth of July, 1594:, in a general 1 Assembly it was agreed and concluded by the Mayor and brethren, that none of the contrey people, except such as shalbe of her Majesties retynues in wadges and garrisons shall not be suffered to weare any weapons during their aboade within this towne, but leave the same weapon either with the porters or in their lodginges, in sorte of auncient tyme accustomed. HISTORICAL MANUSCRIPTS COMMISSION. 455 " Anno Domini ] 594. Archives op Tow OF " Gal way, xxix Septembris, 1594. Galway. "Ronalde Skerrett, Mayor; and Piers Linch Fitz Johneck and fol. [109 1 ]. Patrick Linch Fitz Ullick, Bailliffes : " Masters : John Martin Fitz William, James Linch Fitz Arthur, Givan Faunte, John Blake Fitz Henrie, Dominick Browne, Richarde Browne, Dominick Linch, James Linch Fitz Ambros, Peter Linch, Ullick Linch, Robuck Ffrench, Vallentyne Ffrench. Nicholas Linch, "Galwey, the xviith day of July, 1595. " This daye enformacion beinge made by Geffrey Browne and Peeter Oge Ffrench Fitz Peter of the same, merchauntes, before us in open Court and generall Assemblie, that they being aucthorized by the Corporation of the said towne for bringing towardes the necessary provision of the same such stoare and quantity of powlder and match as they might conveniently, and having brought the same to the value of an howndreth and odd poundes sterling or thereaboutes, are as yet behynd of the pay- ment thereof at the handes of the said Corporacion, beinge bounde to pay theyre credyttors at Dublin, at or by the last of this moneth in danger of forfeictinge double the soome in baundes of staple, and hum- blie soughte us remedy in that behalfe : Uppon the which request and suit made for the speedy dispatch and payment of the said money, yt is ordered, established and ordeyned by the body of the wholle Corporacion Mayor, Baylyffes, Burgesses, and combretheren of the same that Row- land Skerrett, nowe Mayor of the same towne, shall see the said soomme payd out of the subsidey money groweing to the said towne and shall with all convenient speede see the same subsidey duely levyed, reared and taken upp of such which of the said towne do owe any parte or parcell thereof either by imprisoning [of] theyre bodyes or otherwyse as to his owne good discrecion shalbe thought meete and convenient without any respect of persones beinge aucthorised theyre Generall Receivour for lyke pu[rposes] for this present yeare. " Yeoven the day and yeare above written. " Roland Skerrett, Maior. " Galwey, xxix Septemberis, 1595. i ' Marcus Lynche Fitz Nicholas, Mayore ; Thomas LyncheFitz- fol. ill. Dominycke and Gregorie French, Bayly fes : " Maysters : Rowland Skerrett, James Lynche Fitz Arthure, Givane Fannthe, John Blake Fitz Henry, Domnyck Browne, Richard Browne, Domnyck Lynche, James Lynche Fitz Ambrose, Peeter Lynche, Ullick Lynche, Robuck Frenche, Valentyne Frenche, Nicholas Lynche, John Martin Fitz Williame. "Galwey, xxi February, 159o[-6] : " Coram Marco Lynche, Mayore, et Domnycko Martyne, Recordatore : "Thomas Ornvylen, mercator, admissus est ad franchisias et libertates 1 The numeration of this leaf in the Ms. has been lost through decay. The leaf which follows it is numbered 111. 456 HISTORICAL MANUSCRIPTS COMMISSION. Archives of hujus ville, quia implevit terminum cum Patricio Lynche, libero homine, Town of m ~i '\ Galway. pro [fine] . . . 1 (In margin : " Domnyck Martine, first Recorder of Gallway, in which office he continued thirty (sic) yeares." 2 ) " Galwey, xxix September, 1596. fol. 112. <« Oliver Oge Frenche, Mayor; Peeter Oge French Fitz Peeter and William Lyncbe Fitz Peeter, Bayliffes : " Maysters : Marcus Lynche Fitz Nicholas, John Blake, Givan Fannthe, Domnyck Lynche, Peeter Lynche, Robuck Frenche, Nicholas Lynche, James Lynche Fitz Arthour, Richard Browne, James Lynche Fitz Ambrose, Uillick Lynche, Vallentyn Frenche, Rowland Skerrett. [Galwey,] xxix September, 1597. fol. 113. " Anthony Lynche Fitz Marcus, Maior ; Patrick Kirwan and Andrewe Blake Fitz Patricke, Bailliffes : Oliver Oge French, Gevan Fonnte, Dominick Linch, Peter Linch, Robuck French, Nicholas Linch, James Linch Fitz Arthur, " Maisters : John Blake Fitz Henrie, Richard Browne, James Linch Fitz Ambros, Uillick Linch, Vallentyne French, Roland Skerrett, Marcus Linche. xxix September, 1598 : " Coram Antonio Linche, Maiore ville de Gallway, et sociis suis : " Memorandum : That uppon Mycheimas day, being the xxixth day of September, 1598, in a gennerall courte then h olden and assembled, yt was by the said Mayor and the rest of his associates, bretheren and burgesses, then assembled, ordered, adjudged and generally decreede and concluded that Richarde Skerrett Fitz . . . . 3 should from hence fourth and for ever afterwardes have, possesse, suply and en [joy] the place, vocation, rome, creditt, promotion and callinge of a Bailiffe . . . after Patrick Kyrwan FitzEdmonde and Andrew Blake Fitz Patricke, and that [the] said Richarde shall have, use and enjoie that function and calling of aBailfiffe] in as full, lardge and ample maner, state and con- dicion, in all respectes, as .... shall, can or may do which have supplied that office of Bailishippe under . . . and accordingly shall succeede and followe the said Patrick Kyrwan and An[thony] in the office of Mayoraltishippe, acordinge the custome of the said t[owne of] Galwey. Yeoven the day and yere above written. "Anthony L[ynche], Mayor. "Ex. Geffrey Martin, Publicke Notary. !, A Ms. decayed. 2 Damian Pecke was appointed Recorder in 16 1 1 {see pp. 462-64), and held that office in 1618), see p. 468. See also History of Galway by J. Hardiman, 1820, p. 230. HISTORICAL MANUSCRIPTS COMMISSION. 457 [Galwey,] xxix September, 1598. Archives of " Nicholas Kirwan Fitz Denis, Maior ; Marcus Blake and Patrick Blake, Bailiffes, anno Domini, 1598 C — fol. 114. ** Maysters : Anthony Lynche Fitz Marcus, Ullick Lynche, Gevan Faunte, Valentyn Frenche, Peeter Lynche, Rowland Skerrett, Nicholas Lynche, Marcus Lynche, James Lynche Fitz Arthour, Oliver Oge Frenche. James Lynche Fitz Ambrose, " Galwey, 7 August, 1599. " Coram Nicholao Kirowan, Maiore, et sociis suis : " Nicholaus Craddock, mercator, admissus est ad franchisias et liber- tates hujus ville, quia implevit terminum cum Robucko French, libero homine, pro fyne xx..9, sterling. " Galwey, xxvii die Septembris, 1599. " Coram Nicholas Kyrvane, Mayore, et sociis suis : " Memorandum : That the day and yeare aforsaid, in a Gennerall Assembly holden by the said M[ayor], Bayllyff'es, Burgesses, and Comonalty in the Tolse[l] of the same, it was agreed uppon by [the] said Mayor, Bayllyiies, and bretheren of one whole assente that William Lynche Fitz Martyne, [and] Edmonde Athy, of the same, merchantes, should from hencefoorth and for ever afterwardes have, possesse and enjoye the place, voccation, roome, credditt and callinge of BaillifFes next a[fter] Markus Blake and Patrick Blake, and thai the said William Lynche and Edmond Athy have, use and enjoye that function and callinge of Baylliffes, in as lardge and ample [a] state and condicionc, in all respectes, as any other shall, can or may doe whiche have [supplied] that office of Ballishippe under any Mayor, and accordingely shall succeede and followe Patrick Blake and Markus Blake in thoffice of Meraltyshippe, according the custom of the towne of Galway. " Yeven the day and yeare aforesaid. " Nicholas Kirwan, Mayor. " Galwey, xxix September, 1599. " Mychell Linche, Mayor; Christopher Linche Fitz Richarde and f i. 115, Patricke Frenche Fitz Olipher, BaillifFes : " Maysters : Nichollas Kir wane, Ullick Linche, Gewan Ffounte, Vallentyn Ffrenche, Peter Linche Fitz Markus, Rowlland Skerrett, Nichollas Linche Fitz Stephen, Markus Linche Fitz Nicholas, James Linche Fitz Arthour, Olyver Oge Frenche, James Linche Fitz Ambros, Anthoni More Linche." " Villa Galwey, decimo Julii, anno Domini 1600 : Coram Michaele Lynch, Maiore, Christophero Lynch et Patricio Ffrench, Ballivis ejusdem ville, et sociis suis : " Johannes Quircke, mercator, admissus est ad franchisas et libertates hujus ville, quia implebat terminum cum Christophero Bodekyn, libero homine, pro fyne xx.5. ster. "Villa Galwey, xxii. die Julii, 1600: Coram prefato Maiore, Bal- livis, et sociis suis : 458 HISTORICAL MANUSCRIPTS COMMISSION. AR Town E op F " «J ac0DUS Cunningham, mercator, admissus est ad franchisas et liber- Galavay.. tates hujus ville, quia implebat terminum cum Thoma Skerret, libero — ~* homine, profyne xx.s, ster. "Villa Galwey, primo Augusti, 1600: Coram prefatis Maiore, Bal- livis et sociis suis. " This day, enformacion beinge made and moved, in open courte, by certein of the bretheren, of the yminent loss gennerally all the Cor- poracion doe dailly sustain for want of the administracion of justice in the counties and shyers of the province abroade by meanes [of] thob- stinacie, willfull disobedience, myere 1 lienge 2 and disceite of the countrie gentlemen and enhabitantes, that by no meanes there cann no remedy be had against them for the recoverie of due d[ebts], 3 muche less of any roberies or spoiles ; neverthelesse, uppon the repaier of them to this t[own] of Galway, [they] are so dayly suported and uppholden by the Mayor and his associates [that no] justice can be ministred uppon them, the Mayor ordinarely grauntinge to every of them so . . his worde and protection to retowrn saulfe without any molestacion, the countrie enhabitauntes, v[oid] of all charitie, litle regardinge theire dutie to God, by that meanes makinge a gaine of the goodes of the poore merchantes and other thenhabitantes of this Corporacion, to the great hinderaunce of a greate sorte of the neighbors, humbly craveinge a reformacion of them : For remedy whereof it is gennerally ordeined and established by the fo). 1156. Mayor, Balliffes Burgesses and Comonaltie of the Corporacion that noe Mayor, Balliffe, nor any other the towne officer or magistrate, shall hencefoorth or any tyme hereafter support, uppholde, mayntein or passe any such woorde, proteccion or saulfe-conducte to any of the countrie enkabitantes of what qualitie soever against any lawefulle or due debte of any of the neighbours, whereby they might be hendered the course of justice in recovery of theire due, and also such woordes, proteccions, and saulf- conductes so geven to be voyed and noe effecte, any privilledge, libertie, oe aucthoritie to the contrary notwithstandinge. And if, uppon the contrary, the Mayor or any other officer shall refuse or deny thadminis- tracion of justice or contradict this statute, then the partie greved by the tenor hereof to have his remedy against the said officer, and may in any courte or courtes lawefully sue and recover his debt and domadges against the officer, as yf he himself were principall in the debte, any act to the contrary whatsoever notwithstandinge. " Further, where the xxii th of January, anno Domini 1486, it was ordayned and established by Dominick Lynche FitzJohn, then Mayor, Richard Marres and Geffrey Blake, Bailliffes, and whole Counsaill of this towne — 4 fol. 116. "Villa Galwey, xxix September, 1600: Frannces Martin, Maior; Marcus Lynch Fitz Martin, Edmond Lynch Fitz Pyers, BayliefFes : * Maysters : Mychell Lynche. Valyntyn Frenche. Gvvan Faun the. Rowland Skerrett. Peeter Lynche FitzMarcus. Marcus Lynche Fitz Nicholas. James Lynche Fitz Arthour. Oliver Oge Frenche. James Lynche Fitz Ambrose. Anthoney More lynch. Ullick Lynche. Nicholas Kirowan. f u7 « Christopher Lynch, Mayor; Robert Blake and Nicholas Lynch, Bailliffes : September xxix, 1601. « List of " Maysters." 1 Absolute, downright. 2 lying. 3 Ms. decayed. 4 Remainder of page is blank in the Ms. The act referred to was probably that given, ante, p. 385, under A.D. 1486. HISTORICAL MANUSCRIPTS COMMISSION. 459 "Statutes: Archives of Town of " Memorandum : That the xvth day of the moneth or March m the Galway. above yeare in a Gennerall Assembly holden by the above Maior, Bailliffes and all the rest of the Aldermen and combrethethrine of this her Majesties towne of (railway, in the Tollsell or Court-howse of the same towne, with one gennerall consent (for divers respectes and sundry good consideracions thern movinge, tendinge to the better administracion of justice from tyme to tyme to be kept and exercised in the same towne), have by theis presentes agreed and for evermore perpetuallie estatuted that any person of the same towne which did beare the office of Maioralti- shipp or Baillif shipp, assistinge the Maior or Bailliffes for the tyme being in gevinge judgement betweene partie and partie, either in the said Tollsell or in any other place whatsoever within the liberties of the same towne, shall not from hensfoorth be taken, accepted, or allowed to be bounde surtie for any person or persons at any tyme that he or they shalbe so associatinge or assistinge the Maior or Bailliffes, for the tyme beinge, for avoydinge and abollishinge of the former corrupt order here- tofore accostomed contrarie to this statute. And yf any Maior or Bailiffe hereafter should receave any that have beene in office as afore- said surtishipp, conntrarie to the true meaninge thereof, that any such Maior or Bailiffe so offendinge shall pay the contentes of such surtishipp promised, without any respect of grace, and the partie which he receaved surtishipp to be clerely dischardged. " The statute was also made in the tyme of John Blake Fytz Richard [h]is M:aioralty [A.D. 1578-9]. " James Dorsey, 1 Mayor ; Robert Blake and Nicholas Dorsey, Balliffes ; fol. [118] . September xxix, 1602. List of " Maisters." " Memorandum : That, the daie and yere aforesaid, thabovenamed Mayor and Baliffes, with the whole assente and consente of the whole Corporacion, have elected and chosen Nicholas Linche, Fitz-Jonneck, and Arthour Bodkin, of Galwey, merchauntes, Baliffes, in as lardg and ample manner as Domynicke Linch Fitz John Androw, with the consent his combretherin hath elected Marcus Frenche Fitz John. "Memorandum : That the xxiii day of August the said Christofer fol. [1186]. Lynch, Mayor, and his associates have ellected and chosen Roberte French Fitz Nicholas, of Galway, marchant, to be Bailiffe of the said towne of Galwaye from hencefoorth next after Robert Blake Fitz Walter Lea and Nicholas Dorsey, and that the said Robert shall have use and enjoye that function and office of Bailiffe in as lardge and ample manner in all respectes as any other shall, can or may doe which have suplied that office of Ballishipp under any Mayor, and accordingely shall succeed and follow the said Robert Blake and Nicholas Dorsey in the office of Meraltishipp accordinge the custome of the said towne of Gal- way. Yeven under my hand, the day and yeare above written. Chrystofor Lynch, Mayor. "Marcus Linche Fitz Steephen, Mayor; Martin Galdy Linche and fol. [119]. Olyver Martin, Baylyfes, 1603. List of " Maisters." 1 In margin : " Memorandum : That the xiith of June, being Whitsunday, " thabove yeare James Dorsey, Mayor, departed out of this world and the same " verie day in a gennerall Assembly then holden by the Aldermen and whole Cor- " poracion have with one assent and consent elected and chosen the late Maior, Mr. " Christoffer Lynch Fitz Geordge, to be Maior of the said towne of Galiwaie until] " Mychaellmas day next." 460 HISTORICAL MANUSCRIPTS COMMISSION. A&CHIVJSS OF -. T Town of fol. 120. List of " Maisters." " Villa Galvie, decinio die Septembris, 1605. fol. 1206. "Memorandum: That the day and yeare afForesaied thabove-namcd Mayor and BaillifFes, with the whole consent and assent of the whole Corporacion have elected and chosen Stiphen Linch Fitz James Fitz Ambrose, Anthonie Linch Fitz dames Fitz Ambrose, Fraunces French Fitz Fitter, Patrick French Fitz George, llobert French Fitz Pitter, John Bodkin Fitz Domnick, as BaillifFes, in as large and ample manner as Dominicke Linch Fitz John Andrewe, with the whole consent of" his combretheren, hath elected Marcus French Fitz John. fol. [121]. " John Skerrett Fitz William, Mayor ; Geffrey Lynch Fitz Doinynycke and John Lynch Fitz Markus, Baillives: Septembris [xxix.] anno Domini, 1605. List of twelve "Aldermen." " Statutes : Memorandum : That the fowerth of October, the above yeare in a Generall Assembly holden in the Tollshell or Courte-house of Gallwaie aforesaid, the above Mayor, Baillives, Aldermen and whole Corporacion with one gennerall consennt have agreed and allowed that from hence- foorth for evermore everie freeman that is in the said towne of Gallwaie that be marchannte or that hereafter shalbe admitted to be marchaunte and dwellinge in the same towne, keepinge crock and pan ae and payenge tax, talladge and all other dueties accostomed in the said towne of Gallwaie, accordinge their abilities, shall have his and their voice both in electenge of officers yearely, accordinge coostome, and also in all gennerall matters as shall happen to twitch 1 the common chardge of the said towne and Corporacion from tyme to tyme, notwithstandinge that such person or personnes have not borne office of Mayoraltie or Bailli- shipp in the said towne. Yevin the day and yeare above written. John Skerett, Mayor. fol. [122]. Edmonnde French .... 2 Mayor ; Peeter Lynche . . . . Pierse Lynche Fitz Jonick . [Anno] Domini, 1606, Septe[mbris xxix.] List of Town Council. u Galwey tertio die Octobris, 1606. " Memorandum : That .... holden by the Gallwey aforesaid . . with one gennerall . . . thabove named , . . presente yeare of . . . choose ellect . . . contradic- tion . . . tofore (and the . . . divers inconven . . . could not fitt ... a Deputie Bailitfe by and with our . . . auie tyme as aforesaid by him . . . that ever was appoincted by anie . . . custome here holden haveinge . . . and callinge before any other the . . . Yeaven the day and yeare a[bove written]. fol. 123. « Richard Martin, Maior ; Martin Dorsey and Robert Martin, Baillives, in anno Domini, 1607, Septembris xxix. List of "Masters." " Statutes. " Apud Theolonium ville de Gallway, per Maiorem, Ballivos, Bur- genses et Communitatem vilie de Gallway predicte, die Mercurii, vii. Septembris, anno Domini 1608. 1 Touch. 2 MS. defective. HISTORICAL MANUSCRIPTS COMMISSION. 461 " It is ordered, inacied, established and confirmed by the Maior, "Bay- A ^"^ E o F OP lives, Burgesses and Cominunaltie of Gallway aforesaid, in this present Galway. Assembly gathered togither, with mutuall assentes and consentes, that the Warden and Vicears of the Kinges Colledge of Saint Nicholas church at Gallway, for tyme beinge, nor theire successors, shall not bargayne, alliene nor sell, give, graunt, demyse nor inlease nor to farme let for tearme of yeares nor otherwise, any manner of landes, tenementes, teithes, rentes, or other hereditamentes or revenues or livinge whatso- ever that doth belong or in any wise appertaine to the said Colledge, or which it doth owne or ought to have in right of the said house and Col- ledge church or any other way noe longer nor for noe more tyme than for one whole yeare. After expiracion of which one yeare, the next Warden to have all the revenues and livinges of the said Colledge. " And if the Warden and Vicears, or any of them for tyme beinge, shall or will, contrarie to this stattute, sette, lette, or demise, give, graunt or sell, or otherwise dispose or make away, any of the livinges or revenues pertayning to the Colledge aforesaide or any of the pre- misses or any parte thereof for any longer tearme or tyme than for one yeare as aforesaide, it is further ordred and enacted that any person or persons so doinge, contraire to this stattute, shalbe for ever afrer put foarth, expulsed and removed out of the said Colledge house and church, as an unproffitable member, and also shall forfeyte to the common purse of the same twentie poundes sterling. " It is likewyse ordered, inacted and established that if any of the inhabitantes of this towne of Gallway shall bargayne or covenante with the said Wardein and Vicears, or with any of them, for anny of the fol. 123b. teithes, livinges, or other revenues of the said Colledge for any longer tyme 01* tearme than for one yeare, that he or they that doe so bargayne or buy, or take any such teithes or other revenues for any longer tyme, shall fbrfeyt and loose his lease or graunte of the same, and the thinge or thinges so bought or solde, and also the somme of twentie poundes sterling of his own proper goodes, for the use of the common purse of the same. " It is also ordred and inacted that, for the more assurance of the true performance of the statute which hitherunto hath beene neglected, abused and not observed, the common seale and pattente of the said house and Colledge shalbe fourthwith put in keepmge in the common chest of the towne, and that all former leases, grauntes, bargaynes, salles or gyftes made or don by any of the Wardens or Vicears heretofore of anny the premisses or any part or parcell thereof to any person or persones whatsoever, shalbe for ever hereafter disannulled, stand voyde and of noe force nor effect. " Styphen Kirovan, Maior ; Martine Dorsey and James Oge Dorsey, fol. 124. Baillyffes, in anno Domini 1608, Septembris viii : "Vivat Rex." "Maisters— 13. Richarde Martine. Marcus Linch Fitz Stiphen. Edmonde French Fitz Robert. Marcus French Fitz John. Ullick Lynch Fitz Edmond. John Skerrett Fitz William. Marcus Linch Fitz Nicholas. Olliver Browne. Olliver oge French. Thomas Browne. Michaell Lynch. Vallentine Blake. Christopher Linch Fitz George. u Floreat Respublica. Valeant Galvinienses." HISTORICAL MANUSCRIPTS COMMISSION. " Memorandum ; That the day and yeare afforesaid theabovenamed Mayor and Bailiffes, with the whole assent [and] consent of the whole Corporacion, have elected and chosen Richard Kirvan Fitz Stiphen, of Gal way, merchant, Bailiffe, in as large and ample manner as Dominick Linch Fitz John Andrew, with the consent of his bretheren hath elected Marcus French [Fitz] John. " Stephen Kyrowan, Mayor. Olipher Browne, 1 Mayor ; Nicholas French and Domynick Browne, Bailyffes, September xxixth anno Domini, 1609. List of Aldermen. " Memorandum : That in a Gcnnerall Asseinblie holden in the Towlsell or Courte house of Galway the said viiith day of Januarie, thabove yeare, by the Aldermen and whole Corporacion therof, Thomas Browne Fitz Dominick, was, by gennerall consent and most voice, fined in the soome of 100// sterling, and disabled 2 to be ever hereafter Mayor of the said towne, by reason of his contempt in despising and putting off the office of Mayoraltie, being ellected for this yeare ; and the next immediate Mayor succeeding to putt the same in execucion. fol. 125ft. "Memorandum: That in a Gennerall Assemblie holden in the Towl- sell or Courte-housse of Gal way e, the said viiith daie of Januarie, thabove yeare, by the Aldermen and whole Corporacion thereof, Thomas Fonnth was elected and chossen Bailiffe in as lardge and ample manner as Dominicke Linche Fitz John Androwe, with the consent of the bretheren hath elected Marcus French Fitz John, etc. fol. 126. "Richard Bodikic, Mayor; Patricke Martin and Christopher Bodi- kin, Sherriffes, xxix die Septembris, anno Domini, 1610. List of Aldermen. " The towne made a county this yeare, 1610. " Memorandum : That the day and yeare aforesaid thabovenamed Maior and Sheriffes, with the whole consent and assent of the Corpora- cion, has elected and chossen Charles Nolane, Anthony French Fitz Nicholas, Davy Bodkyne, Anthony Darsy, and Marcus Bodykyne Fitz Richarde, of Gallway, merchantes, Bailiffes, in as lardge and ample manner as Domnicke Lynch Fitz John Andrew, with the consent of his britherne hath elected Marcus French Fitz John, etc. "Memorandum: That the xviiith day of Decembere, in [1610] the eighth yeare of the prosperous raigne of our Soveraigne Lord, Kinge James, by the grace of God, of Englande. Fraunce and Irelande, and of Scotlande the lower and fortith, the towne was made a countie and the chartter was confirmede by his Majestie with divers further aditions, inlardgmentes and privledges which heretofore we hade not, as by the said confirmacione, datede as aforsaide, appeareth. And the same yeare Damiane P[ecke], Esquyre, was, by consent of the whole Corporacion, elected Rec[order] of this towne and his fee augmented, fol. 1266. Memorandum : That in a Generall Assemblie holden by the Mayor, Shiriffes, Burgesses and Comonaltie of his Majestie's towne of Galwey in the Toulsell or Courte house therof, the xxiiith day of March, 1610 [-11], by generall consent and most voice, Daniell Barnes, gentleman, 1 In margin : " Memorandum : That the eighth day of Januarie, the above yeare, Oliver Browne, Mayor, was deposed of the said office by direction from the State, and the same very daye in a Gennerall Assembly then holden by the Aldermen and whole Coporacion [they] have with one assent and consent ellected and chosen Ullick Linch to be Mayor of the said towne of Galwey untyll Michaelmas next." The deposal was in consequence of the Mayor's refusal to take the oath of supremacy. 2 This proceeding was in consequence of a similar refusal in relation to the oath of supremacy. Archives g Town of Galway. fol. 125. HISTORICAL MANUSCRIPTS COMMISSION. 463 was admitted to the fraunchise and liberties aforesaid, pro fine, etc., left Archives op to the discreeion of the Shirriffe Bodkin and Peter French, Esquier. g1lv?ay. " Memornndum : That in a Gennerall Assemblie holden by the Mayor, — Shiriffes, Burgesses, and Comonaltie of his Majestie's towne of Gal way in the Towlsell or Courte-house therof, the xxiiiith day of Aprill, 1611, by general! consent and most voice, Edward Carpenter, merchaunt, was admitted to the fraunchise and liberties aforesaid, pro fine, etc., left to discreeion of the Mayor and Sheriffes. " Vallentine Blake Fitz Water Fitz Thomas, Maior ; Andrewe Linche fol. 127. Fitz John, and Thomas Blake, Shiriffes, xxix September, anno 1611. " Richard Martine, Mayor for parte of this yeare. List of Aldermen. *' Memorandum. That the 13th day of November, the above yeare, Vallentin Blake, aforesaid, by a dedimus potestatem under the great seale, was required to swear the Oath of Supremacie by the Right Woorshipful Sir Oliver St. John, Knight, Vice-President of Conaght, in the presence of the Right Reverend Father in God, William, 1 Lord Archbishopp of Tuame, and others, and the said Vallentin, not taking the said oath, was then putt beside the said office and the Corporacion comaunded to ellect another Mayor, and the same verie day, in a Gennerall Assembly here holden by the Aldermen and whole Corporacion, [they] have with one consent chosen Richard Martin to be Mayor of the said towne untill Michaellmas next. " Statutes : " Apud Theoloneum ville de Galwey, per Maiorem, Vicecomites, Burgenses et Communitatem ville de Galwey predicte : " It is ordered, enacted, established and confirmed by the Mayor, SherrhTes, Burgesses and Comonaltie of Galwey aforesaid in this present assemblie gathered together, with mutuall assents and consents, that whereas it hath bene found to be verie ... 2 that every Comoner of this towne, as well in regard of the continuail trubble that groweth unto themselves by their often attendaunce as for that many of them have litle experience of the government of other well ordered and honoured citties [and] townes are not sufficiently able to advise, for remedie thereof there were [in a Gennerajll Courte holden, twelve of this Corporacion chosen to be of Councell . . . Aldermen of this Corporacion in all . . . which concerne the said Corporacion. " It is therefore ordered that all orders, actes or statutes that here- fol. 1276. after shallbe made by the Mayor that no we is, or that hereafter shallbe, for or concerning this Corporacion, shalbe holden voide in all respectes except there be present at the making of the said orders, actes and statutes the greatest number of the Aldermen of this Corporacion and six at the least of the said ellected Councell which shallbe for the tyme then being ; and that nothing be moved in the Gennerall Courte but such thinges as are first agreed uppon by the Mayor for the tyme beinge and the greatest [number] of the Aldermen and six at the least of the said Councell, which shalbe for the tyme then beinge, under their handes, and that then the same shalbe offered to the consideracion of the Courte and confirmed by them. " It is further inacted and ordered by the Mayor, Aldermen and Councell that forasmuch as there are many abuses and inconveniences, in the nowe gatheringe and levienge of the subsidy of this Corporacion, that from hencefoorth the said subsidies shall cease, and that the same 1 William Daniel or O'Donnell, Archbishop of Tuarn, A.D. 1609-1628. 2 Ms. damaged. 464 HISTORICAL MANUSCRIPTS COMMISSION. A Town E of° P S ^ a ^ e raised againe. And it is further ordered that neither the Mayor Galway. for the tyme being, or that hereafter shalbe, shall not any way inter- meddle with the receiving or having of the same or any parte thereof and that the receivors appointed for the receiveing thereof shall become bound in recognizance for to yeald a true accompt for the same, and that they have for their fees but [blank] sterling in the pound. " And it is further ordered that the Mayor, and Shirriffes for the tyme being, or that hereafter shalbe, shall asist the said Receivors soe often as shalbe requisite for the collecting and gatheringe upp of the said customes and subsidies, and that they keepe several bookes of all the goodes that shalbe from tyme to tyme transported either outgate or ingate. " And it is further ordered that the said receivor shall not pay or disbourse any parte of the said customes, subsidies or revenues but by warrant from the Mayor and the greatest number of the Aldermen and six: at least of the said Counsell under their handes. " And, further, whereas there is unjustlie exacted of the marchantes of this towne and Corporacion certain exactions, under the title or name of saulfe conduct, whereas theauncient custome was that straungers whoe brought in marchaundizes uppon their adventure onely, should before theire arivall infourme the Maior from whence they came and their occasion of cominge, to thentent that if they came from any infec- tious place or otherwise there might be such order taken as shalbe requisite ; and for the same paid saulfe conduct, which is nowe other- wise used, to the great grivaunce of the marchauntes of this town, for remedie whereof it is ordered that onely strangers that shall bring in goodes as aforesaid shall pay for their saulfe conduct, and that not any freeman shall pay or give any thing out of their own handes by cullour of saulfe conduct, or otherwise intending to the same or to the like cause, and that every man that shall offend contrary to this order shall pay fortie poundes sterling and returne to the owner what he takes. " It is further ordered that as well the Mayor for the tyme being, as every Mayor that shall hereafter be, within this Corporacion, shall take his corporall oath truly to observe and keepe these orders to the best of his power. "Vallentyne Blake, Mayor. " Memorandum : That in a Generall Assemblie holden by the Mayor, Shirriffes, Burgesses and Comonaltie of his Majestie's towne of Gal way, in the Towlsell or Courte house thereof, the seecond day of October, anno Domini, 1611, by generall consent and most voice, the Bight Hon- norable Donatus [O'Brien], Earle of Thomond, and one of his Majestie's Privie Councell of this realme of Ireland, the Right Woorshipful Sir Oliver Saint John, Knight, Vice Presidennt of Connaght, Master of the Kinge's Ordinance in Ireland, and one of his Majestie's Privie Councell, of the same, Sir Thomas Rotheram, Knight, Governor of his Majesties forte neere Galwey, and Roger O'Shaghnes, Esquier, were ellected and admitted to the fraunchise and liberties aforesaid. "Vallentyne Blake, Mayor. fol. 128. " The true copie of Mr. Recorder's graunt, verbatim : Omnibus Christ i fidelibus, ad quos hoc presens scriptum pervenerit, Maior, Vicecomites ville de Galwey et Burgenses et Comunitas ejusdem ville, salutem in Domino sempiternam. " Sciatis quod nos, dicti Maior, Vicecomites, Burgenses et Comunitas. ex diversis bonis causis et consideracionibus nos specialiter moventibus, HISTORICAL MANUSCRIPTS COMMISSION. 465 dedimus, concessimus, et hac presenti charta nostra confirmavimus Aro.mvEs^oF dilecto nostro iu Christo, Damiano Pecke, armigero, de cujus probata Galway. fidelitate ac summa in nos benignitate et merito plurimum confidimus, officium Reeordatoris ville et comitatus ville de Galwey, cum omnibus feodis, proficuis, commoditatibus, potestatibus, aucthoritatibus, libertatibus, preheminenciis, privileges et emoluments quibuscumque eidem officio Reeordatoris pertinentibus sive spectantibus, ac in tarn amplis modo et forma prout aliqui alii sive aliquis alius officium predictum antehac habuernnt vel occupaverunt, sive habuit vel occupavit, ant habere seu occupare poterit, ac in tarn amplis modo et forma quam iidem officium et cetera premissorum cum pertinenciis, dari aut concedi possunt autdebent. "Habendum, tenendum, gaudendum, exercendum, et occupandum officium predictum cum pertinenciis, unacum omnibus feodis, proficuis, commoditatibus et advantages eidem officio spectantibus sive pertinenti- bus, prefato Damiano Pecke per se vel per sufficientem deputatum suum, ad libitum Maicris et Burgencium ville predicte de tempore in tempus eligendum et substituendum, pro termino vite ipsius Damiani Pecke, tarn libere et iutegre et in tarn amplis modo et forma prout aliquis alius sive aliqui alii predictum officium unquam habuerunt sive tenuerunt, aut nos illud quovismodo dare aut concedere possumus. " Et ulterius sciatis quod nos, in consideracione premissorum ac pro officio predicto excercendo et occupando, damus et concedimus pro nobis et successoi'ibus nostris eidem Damiano Pecke, nunc Recordatori [vel] assignatis suis, quandam annuitatem sive annualem redditum triginta librarum bone et legalis monete de et in Anglia, exeuntem de et ex omnibus terris, tenementis et hereditamentis nostris, ad separales festos Annunciationis Beate Marie Virginis et Sancte Michaelis Arcliangeli equalibus dividendis, annuatim solvendis prefato Damiano aut assignatis suis per nos et successores nostros super Maiorem ville predicte, pro tem- pore existente. " In cujus rei testimonium, huic presenti scripto nostro sigillum nos- trum comune apponi fecimus. " Datum apud le Towlsell sive Courte-house de Galwey predicta, trices- simo die Septembris, anno regni Domini nostri Jacobi, Dei gratia Anglie Frauncie et Hibernie Regis, Fidei Defensoris, nouo, et Scotie xlv., anno Domini 1611. " Provided that the said Recorder shall not nominate any Deputie but with the consent of the Mayor, Aldermen and freemen of the said towne, neither shall hold the said office any longer than that he shall behave himselfe justlie and truely towardes the said Corparacion. " Per me, Damian Pecke. " Vallentyne Blake, Mayor. "The Recorder not to name a Deputie but with consent of the Mayor, Aldermen and Freemen. " Memorandum : That on the 12th day of October, in anno 1611, in a Gennerall Courte holden by the Mayor, ShirrifFes, Burgesses and Comon- naltie, in the Towlsell or Courte-house thereof, it was by genneral con- sent concluded by them (uppon acknowledgment of a promise past by the late Shirriffes, Pattricke [Martin] and Christopher Bodkin) that the nowe Mayor, Vallentine Blake, shall have accordinge the Auditors allowance to him in suchmonys he expended in the cause that depended for (oblit.) of John Griffin all such subsidie as gresve due uppon the said Vallentin for goodes the last yeare imediatly after Geffrey Linch be paid of his money, in parte of paiement of the said money soe by him paid for the said (oblit.). " Vallentyne Blake, Mayor, o 84068. G G 466 HISTORICAL MANUSCRIPTS COMMISSION. A Town E op; F " Memorandum : That in a Courte holden in Galwey the fowerteenth Galway. Jay of October, anno Domini 1G11, before the Mayor, Recorder, Alder- fol. 1286. men, Sherriffes, and Comonaltie of the towne of Galwey aforesaid, the late Sherriffes, Pattericke Martin and Christopher Bodkin, collectors of the twoe partes of the towne revenues of the last yeare, have made upp their accomptes and have disboursed for the said towne all such soomes as they during ther collectourshipp have received, and are thereof clearly discharged for ever. " Vallentyne Blake, Mayor. " Da[mian] Pecke. " Andre we Lynche, Sherriffe. " Memorandum : That in a Gennerall Assembly holden by the Mayor, Sherriffes, Burgesses and Comonaltie of Galwey, in the Towlsell or Courte-house thereof, the last day of October anno Domini, 1611, by gennerall consent it was agreed that all and every soome and soomes of money and stypendes heretofore graunted by the said Corporacion to any person or persons, (except the Mayor, Recorder and Towne Clercke's stypendes,) in consideracion of their povert[y] and unhabilitie, shall surcease, be void, recalled and of noe force or validitie for ever. " And further it was by the said Courte concluded that the subsidie of the said town shall continue and be according the condicions already written and contained in this booke. " And, finally, it was by gennerall consent of the Court agreed and con- descended, the day and yeare aforesaid, that all comissions and warrauntes graunted by them under their seale to any person or persons, except the late commission graunted to the Recorder and Geffrey Linen concerning the newe customes, shalbe likewise recalled, disannulled, void and of noe force for ever, any former acte or graunte by them made or ordained to the contrary any wise notwithstanding. " Vallentyne Blake, Mayor. " Memorandum: That in a Generall Assemblie holden by the Mayor, Sherriffes, Burgeisses and Comonaltie of his Majestie's towne of Galwey, in the Towlsell or Courte-house there, the viiith day of November, 1611, by generall consent and most voice, John . . .* was admitted to the fraunchise and liberties aforesaid, pro fine, etc., left to the discreccion of the Mayor. " Vallentyne Blake, Mayor, fol. 129. " Sir Thomas Rotherham, Knight, Governor of his Majestie's Forte of St. Augustine's, neere Galwaye, one of his Majestie's Councell of the Province of Connaught, and Mayor of Galweye, Marcus Linch Fitz Christopher and Adam Fonnte, Sherriffes, the xxixth of September, 1612, List of Aldermen. " Statutes made this yeare : fol. 1296. " Memorandum : That, this present daie, at the Tolleshell or Courte house of this Corporacion, by a generall consent of the Mayor, Common Councell, Burgesses and Comonaltie there assembled for settinge downe of good orders for the publike weale and good government of the said Corporacion, it was concluded and ordered as followeth, viz. that from henceforth noe Maior of this towne shall hereafter intermeddle with the subsidie or other the revenues of this Corporacion to take or receive any parte thereof, but that the Receivers apointed or from time to time to be apointed by the Comon Councell of the said Corporacion shall receive the same, which they shall not disburse without the consent of the said 1 Ms. indistinct. HISTORICAL MANUSCRIPTS COMMISSION. 467 Common Couneell or the greater parte thereof first had and obtained archives 01? (the yearely fees and stipends due and accustomed by the Corporacion to g°?wa.y F ' be paied onely excepted), ' t for which sommes so to be disbursed the Mayor for the tyme shall give a warrant to the said collectors or Re- ceivors for theire discharge. u Item : that every Mayor hereafter ellected or to be ellected shall, before he be admitted Mayor of this towne and to that purpose receive his oath, enter into bondes of one thousand poundes sterling, with twoe sufficient suerties inhabiting within the said towne, to the Recorder of the said towne for the time being, duering the time of his Maioralitie not to doe any act or actes, without the consent of the Corporacion, which may any way tend to the prejudice and domage of the said Cor- poracion and the gennerall good of the same. Which bondes the said Recorder, within tenn daies after the determinacion of every such Mayor's Maioraltie, shall deliver up to the partie soe bound as aforesaid, yf within the said space the Corporacion cannot charge him with the breach of this acte in anything tending thereunto. " Item : That noe Mayor of this towne shall hereafter at any time calle any Courte and assemble together the said Corporacion, thereby to take theire advise and therein conclude any thinge as concerninge the disburseing of any somme or sommes of mony for the use of this Corporacion, or for the lettinge or settinge any of the townes revenues untill he have first called together the Common Councell of the Corpora- cion and that they have well debated and digested the said busines and the maior parte of them condicended 1 unto it. "Also, whereas divers Mayors of this Corporacion, for their owne proper gaine, have, at such time as the merchauntes of this towne have brought theire wines or comoclities to be discharged and brought to their warehouses or sellors, either caused the keye 2 gate to be kept shutt, or otherwise given comaundement to the boatemen and carremen of this towne that they should not discharge, bringe in, or carry the said wines or merchandizes, to thend to compell and inforce the owners of the same wines and merchandizes to bestowe upon such Mayor some gratuity or rewarde, which in its kinde and nature is extortion, and often- times is to the greate hinderance and damadge of the merchauntes : For reformation whereof, it is ordred that from henceforth the key gate shal- be kept open at all times when that any merchaunt hath either wines or other goodes to be discharged, unladen, or brought in, at all convenient owers and tymes ; and that neither the Mayor, Sheriffes or other officers shall by any waies or rneanes whatsoever give anie impediment or hinderance to the unlodeing or bringeinge in of any wines or other merchandize, except it be for the payeing of such duties, customes or subsidies as shalbe due forth of the same either to his Majesty or to this Corporacion ; the somme of x.li. sterling to be presentlie levied by the Sheriffes for the time being by distresse of the goodes of the partie soe of [fending] . " Walter Martin, Maior; James Oge Dorsey and Geordge Martin, fol. 130. Shirriffes, xxixth day of September, in anno Domini, 1613. List of Aldermen. " Nicholas Darsey, Maior, James Oge, Darsey and Frances Martine, fol. 131. Shirriffes, the xxixth daie of September, anno Domini, 1614. List of Aldermen. *f Piers Lynch, Mayor : Piers Martin and Johneck Lynche Fitz Piers, fol. 132. Shirriffes, the xxix day of September, anno Domini, 1615. 1 consented. 2 quay. (jr G 2 468 HISTORICAL MANUSCRIPTS COMMISSION. Archives of List of Aldermen. GaIway 1 ; " Galwey, xxx. of September, 1616. — - " Memorandum : That, the day and yeare aforesaid, it was concluded by the Courte that all subsidies and saulf conducts accrewinge to the Mayor and the towne of Gallwey foorth of any wares or merchanndize whatsoever shalbe put back and extinguished. " Galwey xxiith of October, 1616, coram Petro Linch, Maiore, et sociis suis. M Memorandum : That in a Generall Assembly, holden in the Towl- shell or Court-house of the said xxiith of October, thabove yeare, by the Mayor, Aldermen and whole Corporacion thereof, Peter French Fitz Vallentin was, by generall consent and most voice, fined in the soome of a hundred poundes sterling and dysabled to be ever hereafter Mayor of the said towne, by reason of his contempt in despising and putting off the office of Maioraltie, being ellected for this yeare ; and Marcus Kirwane wa° :lko vyse fined in twenty pounds sterling for con- tempning the offic. ^ one of the Sherrifes of the same towne for the said yeare following, being likewise thereto appoincted, and the Mayor to put the same in execucion accordingly. " P. Linche, Mayor. " Da[mian] Pecke. fol. 133. "Anno Domini, 1617, Peeres Lynch Fitz Jonake, seconde time Mayor ; Johne French and Edmonde Lynch, Shiriffes, the xxix. dale of September, 1616. List of Aldermen. fol. 134. Frauncis Frenche Fitz Peeter, Mayor; Thomas Lynche Fitz Piers, James Semper, Shiriffes, the xxix day of September, anno Domini, 1617. List of Aldermen. fol. 135. "Nicholas Lynch Filz Geordge, Mayor ; James Semper and Marcus Lynch, Shiriffes, anno Domini, 161 8- 1 List of Aldermen. fol. 1356. " Coram 2 Nicholao Lynch Fitz Geordge, Damyan Peck, Recorda- tore, Jacobo Semper et Marco Lynch, [Vicecomitibus,] dicte ville Gal- "wey, et sociis suis, xxix die Octobris, anno 1618. "Memorandum : That, in a Gennerall Assembly, houlden by the said Mayor, Recorder, Sherriffes, Burgesses, and Comonalty of the said towne in the Tolshell or comon Courte-howse of the same the day and yeare aforesaid, being the feast day of Saint Mychaell tharchaugell, Sir Charles Cowth [Coote], Knight, Sir Richard Boork, of Deremac- klaghney, Knight, Mr. John Boork, of Dunsandell, Esquier, and John Jacob, of Galwey, by gennerall consent and most voice of the whole Corporacion in gennerall, were admitted to the fraunchise and libertyes aforesaid, pro fine left to the discrecion of the Mayor and Sherriffes, etc. " Nicholas Lynche, Mayor. Cancelled memorandum of 22 September, 1619, in relation to petition of Richard Lynch Fitz Edward, merchant, of Galway. fol. 13£. Act relative to subject of preceding memorandum. 3 1 Fol. 135 is partly coloured in red, yellow, and purple. 2 Ms. damaged. 3 " Coram Jacobo Darsey, Maiore, et sociis suis : Galwey, ultimo die Julii, 1620: " Memorandum : That, the day and yeare aforesaid, by the said Maior and Aldermen whose names ensue, with one mutuall accorde have caused Marcus HISTORICAL MANUSCRIPTS COMMISSION. 469 Archives Town of " James Darsy Fitz James, Mayor ; Marcus Frenche, Fitz Marcus, ^alwat. and Peetter Martine Fitz Walter, anno Domini, 1619, Sherriffes." f i. i^tT "Anno Domini, 1620, the xxix. of September: Andrew Linch Fitz f i. 138. John, Mayor ; Marcus French and James Semper, Sheriffs.'' 1 List of Aldermen. " Galwey, xi. die August, 1621, coram Andrea Linch, Maiore, et fol.- 1386. sociis suis. " Memorandum : That in a Gennerall Assembly holden the day and yeare aforesaid in the Towsell or Courthowse of Galwey, by gennerall consent and voice it was concluded and agreed that all the arches or patches and vauts at the great gates shalbe stricken downe and removed from thence, because that theire howses there are verie noisome to the Corpnracion, and it was concluded that all the parkes, howses, and other workes, which are part of the common ground by Maioraltie seale, shalbe also presently beaten downe and reduced to the benefit and furtherance of the Corporacion. " Andrewe Lynch, Maior. " Galwey, xiv. die August, 1621 : coram Andrea Linch, Maiore, et sociis suis. " The names of such persons as are named by the Corporacion to viewe and reforme all abuses and encrochments uppon the Corporacions common grounds, the day and yeare aforesaid in open courte : Vallentin Blake. Marcus Linch Fitz Martin. Peter French Fitz Vallentin. Nicholas Linch Fitz Jonickin. Marcus Blake. Pattricke Martin. Peter French Fitz Peter, thelder. John French Fitz Peeter Boy. Robert Blake. John Bodkin Fitz Dominicke. Nicholas Martin. James Kerwane Fitz Stephen. Walter Browne Fitz Thomas. " Memorandum : That, the day and yeare aforesaid, in open Courte, it was, by gennerall consent and most voice, agreed and concluded that the above named persons, or any six of them, shall survey and peram- bulat all the common grounde of the towne taken upp by Maioraltie seales, and all the same ground and every parte thereof reduce, alter, converte and improve to the good availl, furtheraunce and behoofe of the Corporacion as the said parties and every six of them shall in their .wisedomes, understanding, and dificrecion thinke fit and convenient. J" Andrewe Lynche, Maior. "1621, the 29 day of September, Robert Martine, Maior; Luke fol. 139. Rawsone and Manus Cornin, Sheriffes." Lists of Aldermen and " Common Council." Martin, Publicke Notary, to cancell and deface the writing or claime against writen by Richard Linch against Martin Darsey's stone house. The said Nicholas Linch, Alderman, then Mayor, acknowledging that the said claime was writen without his consent, and afterwards drewe his hand to it, and James Semper alsoe then Shirriffe, affirminge that he did subscribe to it after theire yeare of office was expired and cancelled for that it was soe out of rule and honest forme conceived, as alsoe for that this booke is improper for plea of that kind and that bussines of that nature concerns the Towne Clerck's booke. — James Darsy, Mayor; Richard Martin, Alderman ; Nicholas Darsey, Alderman ; Crystofor Lynch Fitz Geordg. Alderman • Nicholas Lynche; P. Linche, Alderman; William Lynch, Fitz . . Marcus On fol. 1366 is entry dated 29th September, 1620, on election ol Bailiffs Andrew Darssy, George French Fitz Pattryke, and Edward French Fitz Patrick. 1 At foot: "J. A. scripsit. Anno. 1699." 470 HISTORICAL MANUSCRIPTS COMMISSION. archives oi " The said Robert Martin deceased the nynteenth day of Aprill in Galway! * ne veare °f Maioralty, in whose place was elected, by gennerall consent, his father, Richard Martin, Esquyer, yt being the third tyme of his Maioralty. &1. 139/>. <* Memorandum : An act made with consent of the Maior and Cor- poration, viz. that, where at a Court holden within the Tollsell of this town, yt was ordered that all such persons as hold anie lands or tene- ments of and from the said Corporation by force of common seale or Maioraltie's seale, or that clayme debtes upon the said Corporation by virtue of anie such, shoold produce their evidences for the same in open courte by a certaine day prefixed, or fayling thereoffe, the said evidences and seales to all intents and purposes to bee void : Whereuppon it is ordered and also further enacted that those persons whoe have neglected to produce theire said evidences, grauntes, and specialties, to bee looked into by the Maior and Corporation heerafter shall receave no benefitt of the same. " It is enacted also, with consent aforesaid, that no freeman or other dweller within the county of the said towne shall buy anie manner of corne or graine, other than for provision of his own house onlie for a yeare. But such person offending contrairie to this act shall forfeitt the grayne so bought unto the Corporacion, for the first offence ; and, offending so the second tyme, shall remaine in prison untill hee or they give good security to the Corporacion never to doe the like. " Yt is also further enacted that no aquavite shalbee made or dis- tilled henceforward within the county of the said towne by anie manner of person or persons whatsoever (other than for their owne private drinking) yf the peck of barley mault at the tyme of making the said aquavite shall exceede the pryce of eight shillinges and sixpence sterling, the peck of oaten mault four shillinges and six pence sterling, and the peck of wheat the pryce of twelve shillinges sterling. Likewise, that no strong beere, otherwise called Marche beere, shall henceforward bee brued and solde within the saide towne and county by retail so long as wheat and mault shall exceed the foresaid prices. But the person or persons so offending for the first offence shall forfeit five poundes sterling to the said Corporacion and from thenceforth give good securitie to doe the like noe more. " Richard Martine, Maior. "Anno Domini, 1622, the xxix September, Patrick Martin Fitz 4 Walter, Mayor ; James Linch and Piers Martin, Sheriffes." " Anno Domini, 1623, the 29 day of September, Marcus Og French Fitz Marcus, Mayor ; James Linch and Geffrey French, Sherriffes. List of Aldermen. " Memorandum : That xx. daie of June, 1624, the aforesaid Maior [and] Sheriffes, with the consent of all the Burgesses and Comonaltie of this his Majestie's towne of Galwey, have graunted that Edmond Bourke, of Killcornan in the countie of Galwey, Esquire, Walter Bourke, of Turlaghe in the countie of Mayo, Esquire, and Donnell Mc Robwcke Brimighame of Galwey, shalbe Freemen and Burgesses of the said towne, the said Edmond Bourke, Walter Bourke, and Donell Mac Rob- wcke Brimighame to have, use and enjoye the same liberties . h 1 freedom with the appurtenances to them and everie of them there heires lawfully begotten of there bodyes for ever, in as lardge, ample and benefitiall manner as any other merchaunte or merchauntes of the anciente nhabitantes of the said towne of Galwey aforesaid, and shall fol. 140. fol. 141. HISTORICAL MANUSCRIPTS COMMISSION. 471 warrant and defend for ever theforesaid Edmond Bourke, Walter Archives of Bourke, and Donnell Mc Robweke Brimighame, againste us and our g°^lw\y. successors by theis presents : Provided alwaies that the said Edmond — Bourke, Walter Bourke, Donell Mc Robwcke Brimighame, theire heires or the heires of either of them aforesaid, concerninge tradinge or in- habitinge in the said towne of G-alwey shall beare and pay all such fikott, lotte and other taxacionasby equall contribucion shalbe chardged nppon them or any of them according to the grante under the common seale to that effecte. "Anno Domini, 1624, the twentith nyne of September, Roberte fo1 - i42 - Blake Fitz Walter Fitz Thomas, Mayore ; Geffrey Freinche and John Blake, the forsaid Mayor his eldest sonn, Sherriffes. List of Aldermen. " Memorandum : That uppon the first day of February, anno Domini, 1625 [—5], in a Gennerall Assembly holden in the Tolshell howse, it is agreed that no butcher within this towne or liberties thereof shall sell or make away any fresh salt beeffe or porke to any merchant stranger or dynesyn, to be transported over seas, but such proportion as shalbe thoght fytt by the said Mayor and Sherriffes for the tyme beinge, for the provision of any shipp or bark, according to there discresions, uppon forfeytur of all such beeff or porke as shalbe sold or transported. Dated the above day and yere. " Robert Blake, Mayor. "Anno Domini, 1625, the 29 day of September. Thomas Lynch fol. 143. Fitz Nicholas Fitz Stephen Fitz Arthure, Mayor; Walter Browne and William Blake, Shirriffes, 1625. Lists of Aldermen and " Privatt Councillors." — " Sir Henry Lynch, Baronet and Recorder." " Galwey, vicesimo die Februarii, anno Domini, 1625 [-6] : coram fol. 1435. Thoma Lynch, Maiore, Waltero Brown et Wilielmo Blake, Vicecomitibus dicte ville, et liberis Burgensibus et Comunitate ejusdem villas. " Statutes and ordinances made by the aforesaid Mayor, Sheriffes, free Burgesses and Comonalty of Galwey aforesaid, for the better govern- ment of the same towne ; " First, they ordainefand establish that every Mayor of the same towne, for the tyme being, in the disposing and distribucion of any estate, pos- session, office, rentes, revinues, right, title or interest whatsoever, realle or personal!, belonging to the said Corporacion and in the publique government of the same, shall use and crave the helpe, ayde and assist- ance of the greatest number of the Corporacion that shall have voyces in the Towlsell house of the said towne, without which there shalbe noe alienacion, estate, dispossisione or distribucion made of any of the estates, possessiones, offices, rentes, revenues, duties, goods or chatties of the said Corporacion, nor proceeding in any matter concerning the publique weale and government of the same, and if there be it shalbe voyde and of noe effect in lawe : Provided allwayes that all proceedings and other matters concerning the pleas and matters of the Crowne, and appertayn- ing to cognizance of all other pleas, shalbe discussed and determined before the judges or other officers of this Corporacion respectively appointed and limitted by the severall charters of the same, according to the said charters, and not otherwise. " Item : That noe Mayor or other magistrate of the said towne shall receave or collect the revenues, rentes, duties or subsidies belonging to the said Corporacion, nor any parte thereof, but that the nowe receavors elected by the said Corporacion, and theire Receavers for evermore by them to be appoynted, shall receave and disburse the same for the 472 HISTORICAL MANUSCRIPTS COMMISSION. AR Toww E of° F Corporation use as the greatest parte of the said Common Councell shall Gaxway. assigns. " Item : that the Mayor thereof, for the time being, presently after Michaellmas yearly, shall cause an inquiry duely to be made of the car- riadge and demeanor of the Mayor that last preceeded him ; soe that if uppon due examinacion it appeare the said Mayor the yeare before extorted uppon the said Corporacion, or otherwise misdeameaned himself in his place, that then the same Mayor for the tyme being doe cause him to make full satisfaccion and inflict further punishment uppon him beinge in all these allwayes conformable to his Majestie's lawes. fol. [144]. " Item : Whereas heretofore in the Maioralty tyme of Nicholas Lynch, father to the said Thomas Lynch, it was enacted that whoesoever should irreverently in evill languadge abuse the Mayor for the tyme being of this towne, that he should forfaite ten poundes sterling and suffer imprisonment ; and whereas alsoe, all others that would abuse in like manner any other officers of the same towne should respectively be imprisoned and pay fynes at large expressed in the same act, that now it is agreed that any whatsoever shall scandalize and unmannerly behave himself in speeches to the Mayor for the tyme being shall forfaite twentie pounds sterling, to be levied by distresse or otherwise, to the use of the Corporacion and shalbe imprisoned. And in like manner it is concluded that all other- offending the residue of the officers of the saide towne each of them shalbe punished with corporall imprison- ment and forfaiture of mony remembred in the said ordinance made in the said Maior Nicholas Lynch his tyme : Provided alwayes that the same be proved by two wittnesses at least before the said Mayor and Common Counsell. " Item : Whereas there are da die greate enormities disorders and abuses found in the Generall Assemblies and meetinges of this Corporacion in their Common Hawle, by reason of some undiscreet persones that have a voice among them, which vexes them very much ; wherefore it is accorded and established that the Mayor with the Common Councell of this towne shall reduce all the said Generall Assemblies to such a certayne nomber of the said Corporacion as they shall from tyme to tyme lay downe and nominate in writeing, and every of those shall take his place and seate according to the ould customme, uppon payne of five shillinges sterlinge, to the use of the Corporacion, for each default, and that none other shall nor ought to claime or provide any voice or woord than whereby such unruly persones as disturbe the common goode be excluded from hence. " Item : That whoesoever of the towne shall labour or practise to gaine woordes for to make a Mayor, Sheriffe, or any other officer what- soever within this towno, shall forfaite fortie shillings sterling, lawful! English mony, for each default or voice laboured or procured by such sinister or undirect practiz, the same being proved by twoe wittnesses at least before the said Mayor and Recorder, or found by a presentment either in the Court Leete or Quarter Sessiones to be held before the said Mayor and Recorder, which is more strictly to be observed because the said Corporacion doth and hath found the greate abuses heretofore in this kinde committed by icllowes that conspired to make somtymes the principall officers of this towne by getting and procuring woords fol. [1446]. aforehand, not weighing or regardmge theire value or honestie but of a meere factione and will, the which wee intend bee suppressed and officers thereto be ordayned for theire descrete value and goodnes. Item : That the measures of pecke and meaog, nowe in the towne seller, shall for evermore stand, without being in anything encreased or diminished, and that all kindes of corne heere shalbe bought and HISTORICAL MANUSCRIPTS COMMISSION. 473 sould by the foresaid measures, or by other measures made to that A g? < {^5 B o P op stampe and size onely, and any contemning herein by buying or Galway. sellinge in this towne with measure or measures of any [other] size shall forfaite for each default twentie pounds sterling to the said Cor- poracion, to be levied of the goods and chatties of the partie offending by bill or accion of debt or by way of distresse after that the same shalbe proved by two wittnesses, as is aforesaid, or presented in maner before specified. " Item : That all and every of those that bring corne to the markett to be sould shall have all and every of theire corne of what kinde soever at theire and every of theire pleasures from, to, and in the market^ without any interruption and without pressing any of it to the common celler, or, reteyning it to other markett dayes, in case it weare not sould that markett daye they bringe it hither, a3 abusedly was done heretofore, to the greate discomfort of the sellers of corne. " And wee further order that the Mayor thereof for the tyme being shall either oversee the same in person or shall ordaine every markett daie there sufficient overseers of the same, whereby all good order there be observed together and with those afore remembred. " Fynally, we conclude that noe outcrye, houling or shootinge 1 be made in or out of the streetes of this towne uppon the buriall or at the buriall of any deceased person or persones whatsoever within this towne, but that all such barbarous courses be given over, on payne of five shillings English mony for each abuse in that kinde, to be levied by action of debt or distresse of the goods and chatties of the partie offending herein, the same being proved or presented, as is aforesaid, or donne in the presence and viewe of the Mayor, or one of the Sheriffes, for the tyme being, whereby all and every corpes be caried to his grave here in a sivill orderly fashione, according to the forme in all good places observed. " Thomas Lync[h]e, Maior. " James Lynch Fitz Martin Fitz Williame, Mayor ; Jasper Martin fol. 145. Fitz Nicholas, and Marcus Skeret, Shirriffes, 1626. Lists of Aldermen and " Privatt Councellors." Sir Richard Blake Fitz Robert Fitz Walter Fitz Andrew, Knight, f l. 146. Mayor ; Fdmonnd Kirowan and Nicholas Blake, Shirriffes, 1627. Lists of Aldermen and " Privatt Councellors." . . . Galway et Comitat : xvii die Maii, anno Domini, 1628 : Coram fol. [147 2 ]. Richardo Blake, milite, Maiore dicte villeet comitatus, et Edmondo Keir- wann et Nicholao Blake, armigeris, Vicecomitibus, et liberis Burgen- sibus et Communibus ejusdem ville et comitatus. " Folio weth certaine actes and ordinaunces made by the foresaid Maior, Shirriffes, Burgesses and Comonaltie for the furthering of this commonwealth : " Forasmuch as the grace of God is the best revennewe of this towne, and his blessings our greatest rentes, and that charities, devotions and distributions (whereby wee ought to expresse our humble thankerull- nes) are according His Divin provi[de]nse a hundred foold rewarded both in this and the other world : " It is ordained and established by the Maior, Sherriffes, free Bur- gesses and Comonnaltie of Galiway aforesaid, that the collectors of the rents and revennewes of this towne shall once everie yeare (after the dischardge of all stipends pensions of officers, and exchequer rentes and all due debtes which shall be agreed uppon by the Corporacion to be 1 Shouting. 2 The leaf is reversed in the Mi 474 HISTORICAL MANUSCRIPTS COMMISSION. archives op satisfied) pay and distribut tenn pounds sterling (if soe much shall GxrwAT F remaine uppon their handes) to and betweene the poore widdowes of — the birth and bloode of the town (whose names they shall present to the Maior and his Councell and by them shall be allowed of) in imitation of that good widdowe (comended by Our Saviour) whoe did cast her two mites into the treasurie, and in hope that the supplieing and refreshing of the needefull exigentes of the poore may increase our comings in and thereby enable us to doe worke tending to (rod's glorie and the good of the commonwealth. "Whereas divers sturdie beggers and younge fellowes pretending themselves to be schollers doe dailly in great numbers flocke and resorte to this towne from all partes of the kingdome, which is not onely dangerous to the Corporacion by harbouring such multitudes and un- knowne straunge personnes, but also disableth the inhabittantes from haveing anie meanes to relieve their own people or such younge schol- lers of the birth of the towne, who have a desire to studie and learne : It is therefore ordred in oppen courte, -by common consent, that such forreigne beggars and all pretended schollers beinge borne out of this towne and countie therof and not licenced by the Maior or Sheriffes, shall with all expedicion be conveyed by the severall constables of the frauncheses into the way leading towards their owne native countrie, with directions that if any [of] them or any other forraine beggar or fol, [1476]. poore scholler doe returne thereunto againe without licence, as afore- said, that they shalbe whipped out of this towne and countie, that the porters of anie gate through which anie such beg[ger] or poore scholler shall come shall forefeit five [pounds] sterling as a f[ine] to the Corpo- racion for his or their negligence in suffering [them] to come to the towne, to be leavyed by distresse or action of debt, and to be further punished at the Maior's discrecion. " It is likewise ordered, for the better detection and discovery of those forraine beggars, by the consent aforesaid, that everie one of such poore and needie men borne in the towne as shalbe allowed of to begg shal have a lead [en] token or marcke fastened to his capp, to distinguish him from others ; and for better knowledge that this order sha[lbe] duely executed, that everie schoole-master shall once everie quarter of a yeare deliver a noate or liste to the Maior, for the time being, of all their schollers and of what places they name themselves ; otherwise any such maister neglecting to performe this, to forefeit tenn shillinges to be levyed by distress or accion of debt, as aforesaid. " It is further ordered that the severall Counstables of the several quarters and frauncheses of this towne shall inquire and s[eek] out all idle and maisterlesse personnes and such others as shall notfinde maisters or men of quallitie to undertake for them, and them to comitt to the jaole there to be restrained untill they finde securitie before the Mayor or some of the SherrifFs to departe the towne and not to returne againe in that lawless manner. i< Forasmuch as divers straungers and some of the towne do keepe blinde ale houses, who are neither fitt or able [to] intertaine through- farers and passengers, and that com[monly] such are the relievers of idlers and mailefactors whoe, by cheating, cousening and villanies, doe disturb the quiett and peace of this towne, and by their continuail brewing and selling of beere, ale and aqua vite doe occashion great dearth of all manner of corne : "It is therefore ordered by the Maior, Sheriff, free Burgesses ami Commonaltie of this towne of Galway, that the seserall Constables of the sev[erall] quarters and frauncheses of this towne shall a[t] everie Quarter Sessions present the names of all such persones and of all others HISTORICAL MANUSCRIPTS COMMISSION. 475 that doe sell beere, ale or aqua vite, to the end that a certaine number A^swimjm of select men should be named by the Mayor and his Councell and Galwat* licensed to doe the same, and everie other person whoe in disobedience shall retaile any to be imprisoned, upon prooffe and due presentment made thereof, and fyned at the Mayor's discrecion. " Memorandum : That uppon an indictment found by the Grand Jurie impannelled by the Maior and the Lords Justices of Asseises held for this towne and the countie therof, the first daie of August, 1628, it was ordred that everie man that had inclosed any parte or parcell of the common land of this town, by hedging, ditchinge, or otherwise, should, within the space of tenn daies next and immediately after the said first daie of August, bieake prostrat and fall downe the said hedges, ditches, or other fences, uppon paine of forty pounds sterling uppon everie particuller man, to be estreated to his Majestie's Courte of Exchequer. Which order the said Maior hath accordingly putt in execucion, and caused all those hedges, ditches, and fences to be throwen downe, pros- trated and demolished, whereby the inhabittantes of this towne in gennerall have the benefitt of the said lands in common, accordinge to their accustomed use, right, title, and intrest. " Memorandum : That this yeare it hath pleased the Kinge his most excellent Majestie by his Highness Commission under the broade seale, to make the Maior of this towne, for the tyme being, to be one of his Majestie's Counsell for the government of this towne and countie, and the countie of Gallway at lardge, and likewise to joyne him with the Governor of those counties in the Commission that he hath for the execution of martini 3 awe. " Richard Blake, Maior. " Marcus Blake, of Gallway, Alderman, being uppon Lamas day last, fol. 152 1 . according the charter and custome of the towne, by a free and unanim[ous] consent elected Mayor thereof for the succeeding yeare, it pleased God Almightie upponn Michaelmas day in the moarning to call him out of this transitorie lifFe to the everlasting, and out of the chiefe chaire of this towne, whereof hee was to take possessionn, unto a better and more glorious seate in Heaven, (as wee all hope, and as the integritie of his life gives us assurance of,) after his decease, (which was deservedly much lamented,) the Corporation, made choise of Nicholas Lynch Fitz Jonikin, Alderman, to be Mayor for the said yeare : 1629. " Nicholas Lynch Fitz Jonikine, Mayor; Stephen Lynch, his son, [fol. 153]. Recorder ; Martin French and Alexander Bodkin, Shirifes, 1629. List of « The Councell." " G-alwey, xxxiiii September, anno Domini, 1631; coram Nicolao fol. [1536]. Linche, Maiore, et sociis suis. " Memorandum : That, the day and yeare aforesaid, in a Generall Assembly held by the Maior, Burgesses and Comonaltie of the towne of Galwey aforesaid, by generall consent and voice, for the comfort, ease and good of this Corporation, and at the procurement of Sir Vallentin Blake, Knight and Baronet, a principall member thereof, they have reduced and abated all the towne subsidies to thone haulfe, to witt, whatsoever thereof was reared heretofore thone haulf thereof to be for- given and the other haulf onely of that town subsidie to be reared and collected for the Corporation's use, and noe more, and to be alwayes received by the collectors appoincted by the Corporation and not by the Miaior. 1 The Ms. does not contain any leaves between those numbered 148 and 152. 476 HISTORICAL MANUSCRIPTS COMMISSION. A jg253' OT "S. Petri ad Vinculo, primo die Augusti, 1630; coram Nicolao aAMVAY. Linche, Maiore, et sociis suis. " Memorandum : This day, according to the custome of the said towne, Sir Vallentin Blake, K[ night] and Baronet, was ellecled and chosen Maior, upon condicion that the Mai [or] for the tyme being here- after shall have for each yeare onely twelve poundes sterling English money and not to intermeddle with the revenues of the tow[ne], and to performe and fulfill all former covenants by the former Maiors, and to enter securety for the performing thereof, this twelve poundes being the stypend that the old Maiors had for that yeare of theire maior- altie, and the said Sir Vallentyne, for the good and ease of this Corporacion, gave his consent and free allowance. " Memorandum : That, the day and yeare aforesaid, the Courte further concluded that the Recorder of this towne, for the tyme beinge, shall have per annum tenn poundes sterling English money onely and noe more, which said stypend was all that our first Recorder, Mr. Dominicke Martin, had, and Sir Harry Lynch, ellected Recorder after hym. fol. 154. "Sir Vallentyne Fitz Water Fitz John Blake, Knight Barronelt, second tyme Mayor, in 1630 ; Stephen Lynch, Recorder : Francis Blake and Richard Kirowan, Shirriffes. 1630, List of " The Councell." fol. 154^ "Gallwey, xxii die Julii, 1631 : Coram Vallentino Blake, Milite et Baron e to, Maiore dicte ville, et sociis suis. Upon great complaint and much grivance of our merchauntes and chiefest traders of this Corporacion, and of theire daylie losses sustained in the ventring of theire goods by sea, as will plainley appeare, to the utter undoeing and altogether impoverishing of many of the best . . , 1 of them, to the utter ruine and decay of their wives, children, and family, and witha[l] highly complained in all former years till this last yeare of Sir Vallentin Blake his Maioralitie, of the great chardge of subsidy which is nowe reduced to a moytie, besides his Majestie's great customes, and for these many yeares those great soomes so taken up being converted and tourned to noe good use nor benefit for the body nor yet for the common wealth of this Corporacion, but altogether converted to divers of the former Maiors and liberally given away (by them [who] payed nothing of it), by the augmentacion of stypendes and gifts, with other needless disboursments, that at every yeare's end, notwithstanding the greate receiptes of soomes of money, it falls out nothing to be paid nor yet left for the use nor good of the Corporacion ; and withall and besydes all, as aforesaid, when any tax or levieng of moneyes commes uppon them, then presently a cutting is made upon the whole inhabitantes and soe levyed, to theire utter ruine and theire common purse left empty, as aforesaid, whereby they still hope . . . 1 to have some reliefe thereout. Tyme out of mynd, all our former auncestors Mayors of this Corporacion, well knowen be their actes and woorthy government, had noe more stypend allowed them by the Cor- poracion but twelve pounds sterling in theire yeare. The world may see what great and good common worckes, and specially their walles and streetes, have each of them den in the tyme of theire Maioraltie ; and of late yeares a worthy gentleman, Sir Thomas Rotherham, Knight, being ellected Maior, made some suit to the Corporacion to bestowe upon him that yeare one hundred poundes, which, as is said aforesaid, was . . . 2 graunted by them that were noe paymaisters of it. Soe ', 2 Ms. indistinct. HISTORICAL MANUSCRIPTS COMMISSION. 477 that the Maiors succeeding him tooke the advantadge thereof aud have Archives of made meanes to be theire owne paimaisters, forgetting theire auncient galway. and former predecessors' stypend allowed them upwards of one hundred — and thertie years past : " Likewise complaint being made concerning the Recorder of the unreasonable stypend given to a stranger in the tyme of one of our late Maiors, being therty pounds sterling, which before was never allowed nor given to any of our former Recorders, but onely ten pounds sterling, they beinge of our naturall body of this comon wealth and learned in the lawe : " All these aforesaid gri varices being duely and truely considered by the Maior, Recorder, Aldermen, Shirriffes, Privy Counsell and the whole body of the Corporacion have ordered, established and confirmed for ever that noe Maior nor Recorder ever hereafter ellected by the Corporacion shall have noe more stypend allowed him then the old auncient twelve poundes sterling, as this Maior, Sir Vallentyn Blake, had, and the Recorder ten pounds sterling, as this Recorder, Mr. Stephen Linch, had and so to continue successively and for ever. It is also enacted, established and confirmed that, afore any of them that shalbe put foorth in ellecting for Maioraltie, afore he be ellected [he] must give sufficient boundes to perforate and accomplish all, as aforesaid. "Vallentyne Blake, Mayor. " Geffrey Martyn, Mayor ; Robart Kirowan and John French Fitz fol. 156 1 . ] Stephen, Shirriffes, anno Domini 1631. List of " The Councell." " Gralwey, 9 die Decembris, 1631 : Coram Galfrido Martin, Maiore fo1 - 1566 - dicte ville, et sociis suis. " Whereas, for many yeares successively, before the last yeare of the Maioraltie of Vallentin Blake, the Maiors of this towne had and re- ceived one hundred poundes for theire stipend for the yeares of theire Maioraltie respectively, with the allowance of the Corporacion, and that, upon theire allowance of that stipend, it was provided and likewise enacted by the Corporacion generally assembled that [the] said Maiors, receiving the said stipend of one hundred poundes, should not take, receive, exact or intermeddle with any part of the towne subsidies, revenews or any other public perquisits belonging to the Corporacion. And where, uppon the ellection of the said Sir Vallentin Blake to be Maior, for the common good and benefit and easement of the Cor- poracion, he freely and voluntarily consented to accept of twelve pounds for his stipend, according the old custome . . ., nowe, at the request of Mr. Geoffrey Martin, Maior, to the Corporacion assembled, concerning the great charge and burthen of his place, for to have the accustomed stipend of one hundred poundes, it was thought fit and soe ordred and enacted by the consent and assent of the Corporacion, thereunto assembled in their Towlsell the day and yeare aforesaid, that for the good services the said Geoffrey Martin hath for many yeares hetherto do[ne] to the Corporacion, tending to theire common good and benefit, he shall and may have for his stypend one hundred poundes sterling for this year of his Maioraltie, as his predecessors had for many yeares, upon the same conditions that are set downe in the tyme of the Mayoraltie of Doctor Thomas Liuche, 2 notwithstanding the act, order or constitucion conceived the last yeare in the time of the Maioraltie of 1 FoJ. 156 follows fol. 154 in the Ms. 2 A.D. 1625. See p. 471. 478 HISTORICAL MANUSCRIPTS COMMISSION. Archives or Sir Vailentvne Blake, or any former acte, order or constitution what- Towx of * 7 Gsjavxy. soever. fol 157~ " Geffrey Martin, Mayor. "Galwey, the twenty-third day of Aprill, 1632: Coram Galfrido Martin, Maiore ville Galwey, et sociis suis. " After our hartie commendaciones : You may remember with how much importunitie you sollicited us by several letters to restreine the exportacione of corne from that porte [of Gal way] pretending an extra- ordinary dearth and scarcitie of graine in those partes, and albeite wee found reason to doubt (as by our letters wee signified to you) that your request in that particular was accompanied with some secundarie respectes not then made knowne unto us, yet, in respect of the specious pretences you made, wee did incline to your request, being unwilling to deny aniething that might conduce to the publicque good. Since which time wee have received certificate from divers of the principal! gentlemen of the county of Galwey, affirming that there is plenty of corne there and that a Bristoll-bond barrell of wheat is usually sould for ixs. iiiir/. in the markets in that county, and that ther is no apparent danger of any dearth there. " If this certficate be true, (which wee have noe reason to doubt, considering the qualities of the persones from whome it comes, ) then have you much abused us in presuming by misinformation to drawe from us a direction in prejudice of the country ; and therefore we have thought fitt to send you heere inclosed a coppie of the said certificate, to the end you may see uppon what ground wee question the truth of your informacion. And wee hereby require you, all excuses sett apart, to make your personall and undelayed apparauce before us, to the end you may either justifie your informacioiTor bee procided against 3 for your miscarriage towards us, in suche sorte as we shall thinke fitt. " And soe wee bid you farewell, from his Majestie's Castell of Dublin, xvii. April, 1632. Ad[am] Loftus Cane. 1 John King. R[ichard] Corke," John Bingley. Ad [am] Loftus. 3 To our loving friend, Jeffrey Martin, Mayor of Galway. "Wee, whose names ensue, do hereby certifie that the Bristol! barreil of wheate is ordinarylie sould at the marketts of this county of Galway at 9s. 4d. the barrell, and that there is greate quantitie of corne within the county, and no apparant danger of any dearth to ensue, and that the transportacion of corne out of this countie into foreyne parts would bee a meanes to encoradge plowemen to laboure and goe in their vocation, whereas the greate plentie of corne that remaines uppon their handes, and which they cannot utter at any saveing price, will dishable and discuradge th[em] to continewe the plowe, the increase of corne being not sufficient at the rates nowe running to defray the charge of it, in fol. 1576. that there is greater cause to feare a dearth by the neglecte and dis- continuance of the plowe, which shalbe necessarily occasioned by the greate losse which husbandmen receive for want of utterance for their corne than can be expected by occasion of any inordin[ate] trans- portacion thereof into foreine partes. The 28th of March, 1632. Thomas Peyton de Tuam. James Darcy. Mai by Brabazon. Thomas Lovelock. Dom[inick] Brown. Thomas Foster. Jo. Donnellan. 1 Chancellor, Ireland. Richard Boyle, Earl of Cork. 3 Vice-Treasurer at Wars. HLSTOEICAL MANUSCRIPTS COMMISSION. 479 " Whereas the said coinmaundement and certificat was publickly r[ead] archives oi v in open Courte, the day and yeare aforesaid, and that Marcus Linch galwat! Fitz John, and Geordge Linch were the procurers of the said comaunde- — - ment and certificate against the said Geffrey Martine, Mayor, for restraining of the exportacion a certaine quantitie of wheate laden by the said Marcus Linch in the harbour or creeke Meary, by the sea side, within the islands of Aren to be transported for the realme of Fraunce with lisence from the Corporation, in the moneth of March last past, the said Marcus Linch having seene the great scarcetie of corne here at our marckett of the town of Galway, that the poore comonaltie and the King's souldiers, lying in garrison here for the space of three monethes, viz. Januarie, February and March last past, could not have so much corne [in] the marckett for their ready mony for their reliefe as might suplie their present wante. " And forasmuch as the restrainte of the transportacion of corne in that tyme of scarcitie was by the consent and good allowance of the Oorporacion, for the common goode and relife as well of the poor comonaltie as also for the relife of his Majestie's souldiours being in garrison here ; and for that also the said Mayor must appeare before the said Lords Justices, in obedience of the said commaundement, and that the Mayor and Corporacion were now at this instant redy to appoynt Walter Blake Fitz Arthor, as their agent to answere unto dyvers suites depending against them in his Majestie's Courtes at Dublin, the Corporacion have thought fitt to stay the sayd Walter Blake, and ma[ke] choice and apoint the said Mayor to be their agent, as well to answer the restraint of corne in that time of scarcitie as also to answere unto all other matters depending against them in his Majestie's Courts of Dublin. " And therefore the Mayor, Sheriffes, Burgesses, and Comonaity of Galway, in an Assembly held by them at the Towlsell of the said towne of Galwey, the xxiiith of April!, 1632, aforesaid, have agreide, concluded and condescended that the said Geffrey Martin, Mayor, shalbe their fol. 158. agent nowe for Dublin this nexte Easter Tearme, and after as occation shall require, aswell to answere the restraint of corne in the foresaid barque belonging to the said Marcus Linch, and all other barques or vessels belonging or appertayning unto other person nes that did purpose to eutend to transports any corne within this towne of Galwey, or any other harboures or creekes within the Islandes of Aren, during the foresaid tyme of scarcetie, as also to answere unto all such matters and suits in lawe as is now depending against the Corporacion in his Majestie's Courtes at Dublin ; and that the Corporacion of Galwey aforesaid shall pay and satisfie unto the said Geffrey Martin, now Mayor, or his assignes, all such costes, chardges and domadges as the said Geffrey Martin shall hereafter sustaine concerning the premisses. " And further the Corporacion hath likewise agreed and condescended that the som of three score poundes sterling, now remayning in the handes of Patrick Martin, of the Corporation's mony, shalbe presently paid and delivered to the said Geffrey Martin, Mayor, nowe at his pre- sent jurney going to Dublin, with condition that if his charges and expences shall not amount to the said som of three score poundes ster- ling, he is to restore the residue thereof to the Corporacion, and if it shall happen herafter that the said Geffrey Martine shall sustaine any costes, chardges, domages and expences any way whatsoever, concerning the premisses, over and above the said som of three score poundes sterling, the Corporacion uppon the true accompt of the said Geffrey is to make full payment and satisfaction therof to the said Geffrey Martin, or his 480 HISTORICAL MANUSCRIPTS COMMISSION. Archives of assignes, without delay or contradiction. Dated the yeare and day %>™°J aforesaid. CUlway. u Geffrey' Martin, Mayor. fol. 158&. " Galwey, xxviith July, 1632. " In a gennerall Asseisses held for the countie of the tovvne of Galwey, the Mayor and Lords Justices of Asseisses, at the Towlsell of the said town of Galwey, the yeare and clay aforesaid, dy verse presentments then presented by the Grande Jury for necessary workes omitted to be made and don by the Mayor and Corporation of Galwey. These present- ments were likewise presented before the said Lords Justices of Asseysses about three haulfe yeares past, and an order taken by the said Lords Justices that those workes should be made and fynished within a yeare, or otherwise that a fyne of one hundred pounds sterling should be extreated in the Exchequer against the Mayor and Corpora- cion. And nowe the Lords Justices, at the earnest request of the Mayor and Corporation, gra[nt] that the said fyne shall not be extreated at this tyme, with condition that good and sufficient men of the Corpo- ration shall enter into a recognizance of one hundred and forty pounds that, within a yeare next after this o[ur] present Asseisses, the necessary workes following shalbe fynished. Yt was then thought fitt, con- descended and agreed by all the brethren then assembled for prevention of the said fyne to be extreated in the Exchequer, and also that the workes in question is very necessary and convenient to be made and fynished ; that the said Mayor shall enter in a recognizance of one hundred poundes sterling for the making and fynishing of the high way with our liberties all along neere Castell gate and thereaboutes, the stayer of [the] little gate, and the stayer on the north syde of the greate gate, at the charges of the Corporation ; and the now collectors shall enter in[to] a recognesance of 40/?., sterling, for the fynishing of the workeof Barcally, the great donghill neare the wall at the little gate next to Piers Linch Fitz John his garden to be taken from thence, the donghill next the Bride[well] without the little gate to be taken away, and the work nere the greate g[ate], unfynished in the yeare of the myraltie of Sir Vallentin Blake, to be likewise fynished at the Corpora- tion's chardges within one yeare next after date of theis presentes. And theruppon the said Mayor and collectors, by the consents and good allowance of the brethern then assembled, the said Maior and collectors acknowledged the said two severall recognizances before the said Lords Justices of Asseisses the day and yeare aforesaid. u Geffrey Martin, Mayor. fol. 159. " Apud Theolonium ville Gaivvay, x. September 1632 : coram Gal- frido Martin, Maiore ville Gallwey, et sociis suis. " The Mayor, Sherriffes, Free Burgesses and Comonaltie of Galwey being this day assembled in their Towelshill, and taking into considera- tion the extraction, honest behaviour, and profitable endeavors of James Linch of Galwey, gentleman, and weighinge his necessities and impo- tence occasioned by the visitation of God uppon him, have given and by theis presentes doe give and graunt unto the said James, towards his reliefe for this present yeare ten poundes sterling, and for the next insuing yeares during the Mayor and Corporation's pleasures, to be paid him out of the common purse of this Corporation, and the Receivers and Collectors of the Revenues of this Corporation are HISTORICAL MANUSCRIPTS COMMISSION. 481 hereby prayed, required and authorished to satisfie and pay the same Archives op unto the said James accordingly. Dated the day and yeaie aforesaid. Galwat. i( Geffrey Martin, Mayor. " Oliver Mariin, elected Mayor ; Andrew Browne, Fitz Oliver, and Edward French Fitz Patrick, Sheriffes, the first of August 1632. " 27 September, 1632. "Memorandum: That the said Oliver Martyn was chosen uppon fol. 160. Lamas day last, without the opposition of any one man, to be Mayor of G-alvvay for the succeedinge yeare, and Androwe Browne Fitz Oliver, and Edward Frenche Fitz Patricke, were then chosen to be Sherriffes of the said towne. After which time, viz. the xith day of this present monethe, came into the Towlsell Sir Thomas Rotherham, knight, Deputie Litenant Governor of the counties of Galway and of the towne of Gaiwey, and, then and there, in presence of the Mayor, Sheriffes, Free Burgesses and Comonaltie of Gaiwey, caused the Lords Justices and Counsell their letters of premonition to succeedinge magistrates to be publicklye reade, the tenor whereof sequitur in hec verba : " After our heartie comendacions : Forassmuch as yt will much con- duce to the furtheraunce of that worck of gennerall reformation in point of religion, now in hand in this kingdome by his Majestie's speciall coniinaundement, that all such as are trusted in places of justice or aucthoritie in this kingdome, who by speciall obligacion of duties of their places are to apply themselves to these thinges which may ad- vance his Majesties's services, should not onley be comformable in reli- gion tout also take the oathe of supremacie accordinge to the statute secoude Elizabeth ; we have therefore thought fitl heareby to pray and requier you to signifie to the present principall officers of the severall corporate townes within that your governement, as we have don in other partes of the kingdome, that yt willbe expected from all Mayors, Recorders, SherrifTes, and other chief officers of every Corporation respect yvlye for this succeedinge yeare, that they be conformable in religion and take the said [oath] to be administered unto them according to the statut, and to let them knowe also that we have thought fltt to give them this tymelye premonition that so they may be the more inexcusable in case they shall notwithstandinge presume to offende. "And so we byd you hartely farewell from his Majestie's Castle in Dublin, 28 August, 1632. Your very lovinge frendes, Ad[am] Loftus, Cane. Baltenglas. R[ichardj Cork. William Parsons. Charles Wilmot. Ad[am] Loftus. After the readinge whereof, the said Mayor and Sherriffes ellected looke the same to their consideration untill this present day, upon which day they signified in Courte that the Maior resolved since that with their (oblit.) saulftie of their conscience and allowance of the State they could not houlde their places, that they would not take the said offices upon them whereunto they were chosen, and therefore humbly prayed that the Corporacion would be pleased to make a new election cf Mayor and Sherriffes in their places. Uppon which motion, the Mayor. Sheriffes, Free Burgesses and Comonaltie of this Corporation, this day u 84068. H H 482 II1STOKICAL &IANUSCKEPT13 COM MISSION". kacwmoi assembled in the Towlsell, elected George Martyn of Galwey, Alder- Gaw*?' man, to l>e Mayor for this present yeare, and Piers Martyn and Johnock — Linch were elected and chosen Sheriffs for that yeare. And the Cor- poraeion f urther concluded out of the towne revenues to pay and cleere the said Sheriffs quietus est because they paid (sic.) themselves when they were formerly Sheriffs of Galway. Dated at the Courte house, the day and yeare aforesaid, Geffrey Martin, Mayor. 1 fol. 161. " Geordge Martin Fitz Walter, Mayor ; Peares Martin Fitz Waiter and Jonicke Lynch Fitz Peares, ShirifTes • Marcus Martin, Recorder, the nine and twentieth of September 1632. 2 List of « The Counceli." f»l. 162- "The humble petition of Geffrey Martin of Galway, Alderman : To the woorshipful the Mayor and Counsell of his Majesties towne of Galway. "Whereas the Mayor and Corporacion of Galway heretofore have allowed to the said Geffrey Martin the yearely stipend of fortie shillinges sterling for keeping the accomptes of all debtes due upon the Corporacion aforesaid and all manner of debtes accompts and other demaundes due to the said Corporacion against divers private persons, in which your peti- tioner at all tymes hath shewed his care and diligence in performing of that charge according to the trust reposed in him by the said Corporacion. " Alsoe, in the yeare of the Maioraltie of Nicholas Linch Fitz Jonic- kin, upon a commission from the Lord Deputie and Counsell, directed to the Maior of Galwey and other Commissioners, for to returne to the said Lord Deputie and Counsell, within a certaine day and tyme therein limittedj a true invertorie of all such soome and soomes of money as the said Corporacion of Galway have disboursed for the use of his Majesties army. And upon the execucion of the said Commission the Maior and Counsell have made choyse of your petitioner to make up a true and perfect inventorie of all such soome or soomes of money levied and lent for the use of his Majesties army. It was then thought fit that in con- sideration of the paines, care and diligence taken by your petitioner in making the said inventory, and alsoe for his further care and diligence in keeping the accomptes of all the moneyes levied and lent for the use of his Majesties army for the tyme to come, that the said yearely stipend ol fortie shillinges should be augmented to the soome of fower poundes (sterling) English money per annum, which your petitioner hath hetherunto received accordingly. Nowe, if it shall please your Worships to conferr upon your petitioner during his good behaviour the place of Chamberlaine of this towne, to which office properly belongs to recorde and register the accomptes and wriiinges that concerues the same, and to continue the pencion aforesaid to your petitioner as a stypend to be impropriated to the said office of Chamberlaine, he will, God willing, with the furtherance and assistance of the Maior for the tyme being, performe the covenantes following, viz : First, that all the debtes which did heretofore growe due uppon the Corporacion these fiftie yeares past, and of the maner of the payment thereof) and likewise all such coomeor soomes of money as is yet behinde 1 A document of 1709-10, inserted in the Ms. between leaves 160 and lGl,"svill be found at p. 519. 2 Sea " Facsimiles of National MSS. of Irelaud." Part IV.— 2, Plate XLIX. London : 1884. HISTORICAL MANUSCRIPTS COMMISSION. 483 and unsatisfied, all which accomptes are contained in severall papers; Archives 01 noe man whatsoever can gather out of the said i-everall papers the per- galwa? ticulers of all the paimentes heretofore made nor what is yet behinde — - and unsatisfied but oneiy your petitioner ; and for your better satis- faccion in that behaulfe your petitioner will make a faire large booke of accompte containinge the particulers of all such soome and soomes of money as the Corporacion did owe by theire common seale these fif tie yeares past, and the manner howe the s^.me debt was paid and to whome, and what is yet behinde and unsatisfied, and to whome the same debt is clue, so as in the life tyme of your petitioner and afor his decease it shall alwayes appear by the said booke- of accompt all the debtes due uppon the said Corporacion by theire common seale and what is remain- ing unsatisfied, and to whome : and allsoe what debt is due to the said Corporacion upon private persones and the particular names of all such private persons upon whome the same debt is due. Secondarilie, that the said newe booke shall containe all manner of debt that shall hereafter growc due upon the said Corporacion and the manner of the paiment, and to whome. Thirdly, that the said booke shall containe all such some or somes of money as the inhabitantes of the said town of Galway have paid towardes the reliving of his Majesty's army and all such some or somes of money lent by ihe said Corporacion, as well in the tyme of cur late Soveraign Lord, King James of famous memory as also by the tyme of our nowe Soveraigne Lord, King Charles, and upon what warrant those moneys w[em] pai^, and to whome, as by the particulers in the same shall and may appeare. Fowerthlie, that the said newe booke shall containe the accomptes of the Collectors and Receivers of the tovvne revenewes the tyme past, and also for the tyme to come, that thereby the Corporacion may know what was received by the Collectors every yeare, and howe the same was disboursed to the use of the same Corporacion, and also that it may be further knowen what some or somes of money the Collectors have already paid, or will hereafter pay for the, Corporacions debt or by the appointment of the said Corporacion, which is very necessarie to be knowen and intred in the said booke of accountes least any man here- after through forgetfullness or otherwise should demaund any seccond paime[nt], and also if the Collectors themselves should any way fall in areire to the Corporacion in theire (oblit.) that by the same booke of accompt the Collectors may make paiment and satisfaction to the Cor- [poracion] for those areires. " Fifthly, that all the letters to be written to the State, and all the aunswers from the State, and all other matters of consequence from the State, shalbe registred and inrolled [in ] the said booke, verbatim agree- ing with the original!, that the same may be foorthcomming to [be] shewed upon all occasions. A covenant to be performed by the Maior for the tyme being, if your woorships thinke it meete and convenient, viz., that all such deecles and other vvritinges that (oblit.) passe either for debt, gift, commission, free- dome or otherwise under the common seale (oblit.) shallbe alwayes first preferred to the Mayor and Corporacion in a Generall Assembly, and f l. 1626. if the Maior and Corporacion. upon good consideration and lawfull cause, be pleased to graunc the passing of the common seale upon the contentes of any such psticion, that the petition and the cause why the common seale should passe shalbe inrolled in the said Geffrey Martin his office, and a certificate under his hand, acknowledging the inrolment thereof, to be first had before the common seale shall passe. h h 2 484 historical manuscripts commission. A To\vN E oF° r ^ so tnat tne ^ a i° r ^ or tne tvme being shall not hereafter pay or Galway, cause to be paid any some or somes of money for the Corporacions debt. nor give in any warrant to the Collectors for the paiment unto any private person [or] persones whatsoever, untill, upon the perusing of the said booke of accompt, it shall appeare what some or somes of money is due to any sucli private person, or whether any parte thereof was already satisfied by the Corporacion, soe as thereby the Corporation may have noe wrong in matters of accompt, and that every private per- son may be satisfied of his just and lawfull demauud according to the said booke of accompt. This woorke cannot be well effected except the Maior for the tyme being do give his best furtherance] and assistance to your petitioner for the performance of the covenantes aforesaid. Otherwise, if anything shall passe in the behalfe of the Corporacion without the privytie of y[our] petitioner, all his labour wilbe lost, the said booke of accompt cannot be well kept, nor your petitioner cannot resolve the Corporacion howe thinges hath bene either justly or unjustly carried. All which your petitioner doth referr to your wisdome [to] be considred of. " Galwey, xxii September, 1633 : Coram Georgio Martin, Maiore, etc " The Common Councell, the day and yeare aforesaid, have generally agreed and concluded withall the contentes of the foresaid petition, it being much important to the comon good of this Corporacion. Which was alsoe graunted and agreed upon afterwardes in open Courte. " George Martin, Meyor. " Marcus Martyn, Recorder. u Piers Martin, Vice[comes.] " Johnecke Lynche, Vice [comes.] fo l 163 " Patricke Freinche Fitz George, Mayor ; George Freinch Fitz Patricke and Walter Blake Fitz Androwe, Shiriffes, anno Domini 1633 r Stephen Lynch, Recorder. List of Aldermen and Councellors. fol. 164. " Sir Dominicke Browne, Knight, Mayor, Miehell Lynch Fitz Stephen, and Dominicke Lynch Fitz John, Shirifies, anno Domini 1634 ; Stephen Lynch, Recorder. List of Aldermen and Councellors. f l "Nicholas Linch Fitz Marcus, Mayor, anno Domini 1635; William. Linch Fitz Andre we, and Christopher Bodkine Fitz Thomas, Sheriffes ; Steephen Lynch. Recorder. List of Aldermen and Councellors. fo] 166 " Anthony Lynch Fitz James, Mayor, anno Domini 1636; Geffrey Fount and Dominicke French, Sheriffes ; Thomas Lynch, Recorder. List of Aldermen and Councellors. fol. 167. " Sir Thomas Blake, Baronett, Mayor, anno Domini 1637 ; Marcus Lynch Fitz William, and James Lynch Fitz Stephen, Sheriffes ; Thomas Lynch, Recorder. List of Aldermen and Councellors. j j " Comitatus ville Gallvie, xxv. die Januarii, 1638: Coram Thoma Blake, Baronet, Maiore dicte ville, [cum] sociis suis. " It is this day agreed uppon in open Courte, by common consent and most voice, that Frauncis Athy should hould the parsonnes tiethe within HISTORICAL MANUSCRIPTS COMMISSION. 485 •the parish of St. Nicholas for one whole yeare, beginning uppon Archives of Candell masse day next ensuing the date hereof, and soe to continue §°xwa? from yeare to yeare so long as the Corporacione houldes the same. The — said Frauneis Athy, his executors or assignes, yeelding and paying unto the Receavers of the towne revenues every yeare the some of fourteen p[ounds] sterling currant lawfull mony of and in England at one whole and intire payment, to the use of the Corporations. " Thomas Blake, Mayor. " Com : ville Gallvie primo die Augitsti, 1638 : Coram Thoma Blake, Baronet, Maiore dicte ville, cum sociis suis. "It is this day agreed uppon in open Court, in a Generall Assembly held by the said Mayor and Corporacione, by comcn consent and most voice, that all such Aldermen, Sheriffs, and former Sheriffs shall waite uppon the Mayor in their gownes every Michaellmasse and Lamasse day, and alsoe the coming of the Lords Justices of Asseisses. and at every sessiones, and at burialles, on paine or' forfeiting of tenn «hiilinges sterling for every default of the delinquent. il Com : ville Gallvie, primo die Augusti, 1638 : Coram Thoma Blake, Baronet, Maiore dicte ville, cum sociis suis. " Item, it is this day agreed uppon in open Court, by comon consent and most voice, that every yeare there shalbe cllected and chosen two of the Freemen of this towne for to be Receavers and Collectors of all the towme revenues, as well charter customes, subsidies, rentes, and other duties due unto the said Corporacione, and whatsoever two that sha[lbe] soe chosen and ellected in open court shall enter sufficient bondes of tw[o] Thousand poundes sterling currant English money for to yeeld a true and just acccompt to the said Corporacione of all their receiptes for that yere wherein they are chosen, and the bond to be perfected before they or any [of ] them doe medle with any of the Corporacionss monyes. "Com: ville Gallvie, primo die Augusti, 1638: Coram Thoma fol. 168. Blake, Baronet, Maiore dicte ville, cum sociis suis. "A copie of Sir Francis Willoughby, Knight, his comon seal for his free dome : " To all Christiane people to whome these presentes shall come : Know yee that wee, Sir Thomas Blake, Barronet, Mayor, Marcus Lynch and James Lynch, Esquires, Sheriffes, and the Free Burgesses and Comonaltie of the towne and count [ie] of the towne of Gallwey, for divers weightie and sunclrie good consideracions and causes us there- unto moving, have given, granted, and confirmed, like by these presentes wee doe give, grant, and confirm, unto the Honourable Sir Francis Willoughby, Knight, Deputie Liutenant Governour of the countie of Gallwey and the towne of Gallwey, all the right and privileges of a Freeman of t[he] said Corporacione, and by these presents doe admitt him to be one of the Free Burg[esses] and Freeman of the said towne of Gallwey, in as large and ample maner as any of the Freeman and ancient Burgesses of the said towne have or did injoy the same. To have and to hould the said Freedome, together with all the liberties, priviledges, immunities, thereunto incidently or belonging unto the said Sir Francis Willoughby, Knight, and his heires, from us the said Mayor, Sherriffs, Free Burgesses and Comonaltie, and our successors for ever In wittness wher[eof], wee, the said Mayor, Sheriffs, Free Burgesess and Comonaltie, have hereunto set our comon seale at our Court house, 486 HISTOEICAT, MANUSCRIPTS COMMISSION. Arciuves^of this first day of August, in the ye[are] of our Lord God, one thousand, Galwat. six hundred, thirtie and eight, and the fourteen! h yeare of the raigne of — our soveraigne Lord, Charles, by the Grace of God king of England, Scotland, France, and Ireland, Defender of the Fayth, etc. " Com : ville Gall vie, primo die Augusti, 1638. " A copie of Thomas Boorke, of Pallice, Esquire, his comon seale for his freedome. ;< To all Christian people to whome these presentes shall come, wee, Sir Thomas Blake, Baronett, Mayor, Marcus Lynch and James Lynch, Esquires, Sheriffes, tlie Free Burgesses and Comonaltie of tiie town and county of the towne of Gallwey send greeting in our Lord God ever- lasting : " Know ye that, for the good liking, decerts, and honest behaviour of our welbeloved coozen, Thomas Bourke, of Pallice in the county of Gallwey, Esquire, and many other good causes and considerations us thereunto moving, wee the said Mayor, Sheriffes, Free Burgesses and Comonaltie hath given, graunted and by these presentes for us and our successors doe give and graunt unto the said Thomas Bourke all the right and priviledges of Freeman of the said Corporacione ; and by these presentes doe admitt him to be one of the Free Burgesses and Freemen of the said town or Corporacione of Gall way in the Guild or Fraternitie of the said Burgesses and Marchantes of the said towne, the said Thomas Bourke to have, use, and injoye the same libertie and freedome, with the appurtenances, to him and the heires males of his body lawfully begotten, or [to] be begotten, for ever, in as Jardge, ample and beneficiall maner as any other Burgess, Marchant or Mar- chantes of the auncient inhabitantes of the towne use or ought [to] use the same; Provided allwayes that the said Thomas Bourke and the heires males his body shall pay and beare from tyme to tyme for ever hereafter all scot lott, tax[es], talladges and incombrances raising and falling in the said towne, as by equall contribucions and contribucions with the rest of the neighbours, Burgesses and merchauntes, shalbe sessed and allotted uppon them for ever. In wittnes whereof, wee, the said Mayor, Sheriffes, Free Burgesses and Comonaltie, have hereunto set oue comone seale. * Dated at our Towlsell, or Court-house, in Gallwey aforesaid, the first day of August, in the yeare of our Lord God one thousand six hundred thirtie and eight, and the fourteenth yeare of the raigne of our most gratious soveraigne Lord, Charles, by the grace of God king of England, Scotland, France and Ireland, Defender of the Fayth, etc. ol 16g& j [Com :] ville Gallvie, primo die Augustii, 1638 : Coram Thoma Blake, Baronet, Maiore dicte ville, cum sociis suis : " A copie of James Og Lynch his comon seale for tenn pounde3 a yeare ; " To all Christiane people to whome this present writing shall come, Sir Thomas Blake, Barronet, Mayor, Marcus Lynch and James Lynch Esquires, Sheriffes, and the Free Burgesses and Comonaltie of the towne and countie of the towne of Gallwey, send greeting in our Lord God everlasting ; Know yee that wee, the said Mayor, Sheriffs, Free Burgesses and Comonaltie, having taken to our serious consideracioues the ong painfull and profitable service donne unto us by James Lynch, of Gallwey, gentleman, in the traineing and breeding of the children of the members of this Corporacione for the space of thirtie yeares and up- wards in good literature and sciences liberall, have thought fitt in his now HISTORICAL MANUSCRIPTS COMMISSION. 487 declineing age to make him sosne recompence for his better maintennance A town E of° F and livlihood, and incouragment of others to follow such a generous Galway. vocation : In contemplacione and consideracione whereof, and other consideraciones us thereunto moving, wee, being this day assembled in our Towlsell have unanimously given, granted and confirmed, like as by these presents wee doe unanimously give, grant and continue unto the said James Lynch and his assignes an annuity of tenn pounds sterling per annum, to be paid yearely at the usuall feastes of Michael- masse and Easter by even and equall porciones. To have and to hould the said annuity to the said James and his assignes for and dureing his natural 1 life, payable at the dayes aforesaid. " In wittness whereof, the said Mayor, Sheriffes, Free Burgesses and Comonaltie have hereunto put their comon seale, the first day of August, one thousand six hundred thirtie and eight. "Thomas Blake, Mayor. " Com : ville Gallwey, vicesimo septimo die Septembris, 1638 : Coram Thoma Blake, Baronet, Maiore dicte ville, cum sociis suis. "Whereas Anthony Lynch, Fitz James, and Andrew Kirow[an], Aldermen, a[nd] Stephen Kirowan, marchant, have brought a com- aundement from the Right Honorable the Lord Deputie General of Ireland for the Mayor of Galhvey, the Recorder and the Sheriffs for to appeare in Dublin to shew cause, in the behaulfe of the Corporacione, about certaine complaintes made by the said Anthony Lynch and An- drew Kirowan and Stephen Kirowan, as by the same comaundement then shewen in oppen court may appeare, it being for the lands of Ballibans in the East Franchises : It was therefor agreed uppou, by comon consent and most voice in oppen court, that, if the said Mayor and Sheriffs be compeled to goe to Dublin, that what cost they be at shalbe out of the comon pursse for to maintaine the said suite. "Com: ville Gallwey, xxvii die September, 1638: Coram Thoma Blake, Barronet, Maiore dicte ville, cum sociis suis : " Item, it was agreed uppon the same day in oppen court, by comon consent and most voice, that Sir Thomas Blake, Baronet, Mayor, shall overs [ee] the comon woork now in hand over the great gate before it be finished. " Thomas Blake, Mayor. " xxvii. die Septembris, 1638. " Item, in oppen Court, James Kirowan and Andrewe Martin weare ellected Receavers of the towne subsidies, duties, customes and revenues for the next yeare, uppon a condicione as aforesaid. "To the Right Worshipful], the Mayor, Aldermen, Burgesses, Com- f l. 169. onalties and whole Corporacion of Gallway : "Humbly shewing unto your woorship fulls Marcus Lynch and James Lynch, Esquiers, Shiriffes of this county of the towne of Gallway for this present yeare, that whereas all or most parte of your comon ground are reduced to incloseres and parkes to csrtaine particullare and speciall men of the towne for rents to be reserved to your common use, as you all doe well know, which said lands heartofore answeared rentes and duties to the Shirriffes or Balliffes of this towne, and you alsoe haveing full notice of the extraordinary trebles and dangers the said Sheriffes must suffer in respecte of theire place, as well for the saulftie in their gaole of the King's prisoners as in returning all his Highness writts and commaundes to them to be directed upp to Dublin and theire extra- ordinary charges in casting or cleiring theire acount in his Majestie's 488 HISTORICAL MANUSCRIPTS COMMISSION. Archives op Court of'Exchequer : In consideracion whereof that your woorships may GawaS he pledge[d] freely to give them, the said Sheriffes, the rents now — growing due for this present yeare out of the said common ground as a helpe towards the cleereing of their quietus est, and they shall ever praye, etc. " Memorandum : That the Comon Cownsell of this towne did consider of this peticion, and allowed to the Shirriffes for the time being the col- lecting of all fines due to this Corporacion, as well in their quarter seissones as otherwise wheresoever ; and that the said ShirrhTes for the time being of the same towne shalbe accountable therefor to the said Corporation and shall have thereout such competent allowance to the Corporations pleasure, and that noe Shirriffes thereof shalbe otherwise relived. And this act was confirmed in publiqe Court by the Mayor, Recorder, Aldermen, free Burgesses and Commonalties then assembled in theire Common Halle, which therfor shall stand with us of forme for ever. " Thomas Blake, Mayor. fol. 170. " Sir Robuck Linche, Barronett, Mayor, A.D. 1638 ; Thomas Lynch Fitz Ambros, and Peeter Lynch Fitz Peeter, Shiriffes ; Thomas Lynch, Fitz Marcus, Recorder. Aldermen L Sir Thomas Rotherhame, Knight and one of his Maiestie's Most Honnorable Privie Counsell of Ireland. 2. Sir Thomas Blake, Baronett, Mayor of the Staple. 3. Sir Richard Blake, Knight. 4. Sir Dominicke Browne, Knight. 5. James Oge Darsey, Alderman. 6. Andrew Lynch Fitz John, Alderman. 7. Patricke Martine, Alderman. 8. Geffrey Martin, Alderman. 9. Olliver Martin, Alderman. 10. Patr icke French Fitz George, Alderman. 11. Nicholas More Lynch, Alder- man. 12. Nicholas Martin, Alderman. 13. Prances Blake Fitz Vallen- tyne, Alderman. 14. James Darsey Fitz Nicholas, Alderman. 15. Andrew Kirowan, Alderman. 16. John Bodkin Fitz Dominicke, Alderman. 17. Walter Lynch Fitz James, Alderman. 18. Andrew Darsey, Alderman. 19. Androwe Browne Fitz Do- minicke, Alderman. " Counsell : 1. Sir Vallentyne Blake, Knight. 2. Patricke Darsey, Esq. 3. Richard Martine, Esq. 4. John Blake, Esq. 5. Geffrey Browne, Esq. 6. Patricke Kirowan, Esq. 7. James Darsey, Esq. 8. Thomas French Fitz Vallen- tyne, Bulges. 9. Walter Blake Fitz Arthoure, Surges. 10. Androwe Browne Fitz Do- minicke, Burges. 11. Peares Martine Fitz Walter, Burges. 12. James Kirowan Fitz Thomas, Burges. 13. Henry Joyes, Burges. 14. Robertt Joyes, Burges. 15. Jasper French Fitz Andrew, Burges. 16. Jasper French Fitz Peeter, Burges. 17. Walter Browne Fitz Thomas, Burges. 18. Edmund Kirowan, Burges. HISTORICAL MANUSCRIPTS COMMISSION. 489 19. John Blake Fitz Nicholas, 22. Richard Kiro wan Fitz Thomas, Archives of „ 9 . ' Town op Burges. B urges. Galway. 20. Alexander Bodkin, Burges. 23. Michell Lynch Fitz Stephen. 21. William Lynch Fitz Andrew, 24. Dominicke . . . Burges. " Comitatus ville Gallvie, x. die May, 1639 : Coram Roberto (sic) fol. 171. Lynch, Baroneto, Maiore dicte ville, et socis suis, etc. u Memorandum. That, the day and yeare aforesaid, in the Towlsell or Towne hall of Gall way , in a Gennerali Assembly held by the aforesaid Mayor, Alderman, Recorder, Shiriffs, Free Burgesses and Comonaltie of Gallway aforesaide, for the furtherance of the goode thereof, they all have and doe agree and conclude that at the common charge of this Corporacion all grauntes and giftes, under their common seale, of shops neere or at the market thereof shalbe bought. And forthwith afterwards likewise out of their comon pursse and charge the same shopps and all the place of the saiue markett that side as farr on the stone wall there being, which extends itselfe to the way into our parish Church of St. Nicholas, neere the kitchen and entry of Robert Martin, Alderman, deceased, his dwelling house shall be pulled downe, and soe all the same to be reduced into a strong, sufficient stone house, covered with stone slaie, and to be underpropped with good stone pillers, whereby way through it shall be to the saide church as formerly it hath beene, and the upper partes to be made a faire comon Hall or Towlsell with convenient chain [bers] for the Common Counsell, and Town Clearke, for the safe keeping of all the towne records and writings, and finally they all doe conclude that yearely all the rents, duties, customes, subsidies, and revenues whatsoever, growing and ariseing to this Corporacion shalbe expended in and about the premisses, untill it be effectually erected, except the anuall paying of the Corporacion's officers, their salaries, and other rents and duties to his Majestie, and the expences of suites in lawe. " Rob : Lynch, Mayor. u [Comitatus ville] Gallwey, vicesimo octavo die Septembris, 1639 : fol. 1716. Coram Roberto Lynch, Baroneto, Maiore dicte ville, etc. : " Memorandum : That, the day aud yeare aforesaid, in the Towlsell or Towne Hauie of Gallwey, a Gennerali Assembly held by the aforesaid Mayor, Alderman, Recorder, Shereffes, Free Burgesses, and Cominaltie of Gallway aforesaid, it was agreed and concluded as followith : " Whereas John Hardinge, Clarke, Vice-Provost of the Colledge of of Dubline, hath beene, by the unanimous consent and vote of the Mayor, Sherriffes, Free Burgesses and Cominaltie of this towne of Gallway, chosen and elected Wardyn of the King's College of Gallway : The said Mayor, Sheriffes, Burgesses, and Cominaltie this day takeing into consideration the dilapidations and ruynes of the said Colledge and the meanes and liveinge thereunto belonginge, as also the merit! and integritie of the said John Hardinge, and his willingenesse to doe good in that place, and to restore the said Colledge to a decent state and order for the service of God, to the creditt and ornament of this town, and to the honnour and memorie of the founders and benefactors thereof, have, therefore, for the better inhableinge and incouragemer.t of the said John Hardinge in his so pious intentions, and by way of thanckfull acknowledgment to the Right Honnorable the Lord Deputy, and the Honnorable Sir George Radcliffe, for theire favours, who are pleased to recomend the said John Hardinge unto us, concluded, agreed and 490 HISTORICAL MANUSCKIPTS COMMISSION. promised, for us raid our successors, that wee, the said Mayor, Sheriffes, Burgesses and Cominaltie, shall everie yeare duringe the naturall life of the said John Hardmge, upon the feast of Saint Peeter ad vincula, accordinge the power and priviledge given and graunted unto us by letters pattent under the broade seale of Englande, bearinge date the ninth of Aprill, in the fourth yeare of the raigne of King Edward the sixt, elect and choose the said John Hardinge to be Wardyn of the said Colledge of Gallway accordinge the tennor of the said letters pattentes, he, the said John Hardinge, demeaninge himselfe well and as becometh the duty of his place and his integritie to this Corporacion : Provided allwayes that, if this act should any way tend to the avoyd- ance of the said letters pattentes, or to the losse of any priviledge or intrest thereby graunted unto us, that this act and every thinge iherein contayned be taken for voyde, and as if it had never beene spoaken or agreed uppon. " Rob : Lynch, Mayor. fol. 173 1 . " John Bodkin Fitz Dominicke, Mayor, A.D. 1639 ; Marcus Kirowan and Frances Athey, Sheriffes ; Thomas Lynch Fitz Marcus, Recorder. List of Aldermen and Counceliors. fol. 174. "Frances Blake, Esquier, second son to Sir Vallentyn Blake, Knight and Baronett, Mayor, 1640 ; Geffrey Blake and Martin Lynch, ShirrifFes ; Thomas Lynch Fitz Marcus, Recorder. List of Aldermen and Counceliors. fol, 176 2 . "Com : ville Galway, 27 Septembris, 1641: Coram Francisco Blake, Armigero, Maiore dicte ville, cum sociis suis : " The coppie of Richard Dillon, of Cloonbrocke, Esquire, and John Browne, of the Neale, Esquire, their common seale for their freedome. " To all Christian people to whome theise presents shall come wee, Francis Blake, Mayor, of the towne of Galway, Geffrey Blake, and Martin Lynch, SherrifPes of the same, and the Free Burgesses and Comonalty of the said towne send greeting : Know yee that wee, the said Mayor, Sherriffes, Free Burgesses and Comonalty, for divers good consideracions us moveing, and especially at the request and humble suite of our well-beloved brother, Sir Dominicke Browne, Knight, one of our Alderman of the saide towne, made to us at our Generall Assemblie houlden in our Towlsell or Courte-house, the first day of August last past, in the behaulfe of his sons-in-lawe, John Browne, of the Neale, in the county of Mayo, Esquire, husband unto Mary Browne, the eldest daughter of the said Sir Dominicke Browne, and Richard Dillon, of Cloone Brocke in the county of Galway, Esquire, husband unto Gennett Browne, daughter alsoe of the said Sir Dominicke Browne, have, for us and our successors, given and granted, like as by theise presentes wee doe give and grant, unto the said John Browne and Richard Dillon, and the heires males of their body begotten, and to be begotten, upon the bodyes of the said Mary Browne and Gennett Browne, lor ever, that they and every of them successively shall and may be Free Burgesses of the said towne, and doe by these presents, for us and our successors, give and grant unto the said John Browne and Richard Dillon, and the heires males of their bodyes by the said Mary and Gennett, as aforesaid, for ever, all and every the libertyes, priviledges, advantages, iinmunityes profittes and emolumentes whatso- ever, in as lardge and ample manner as any Free Burgesse of the said towne hath had or injoyed or heereafter shall, may, might, or ought to Archives op Town of Galwat. \ 2 The Ms. does not contain leaves numbered 172 and 175. HISTORICAL MANUSCRIPTS COMMISSION. 491 Abchives 01 Town op Galway. have or enjoy by vertue of anie grants to us made or to be made by our Soveraigne Lords, Kings and Queenes of England. In wittness wheareof, wee, the said Mayor, Sherrifes, Free Burgesses and Comonalty, have heereunto put our common seale this six and twentyeth day of September, in the yeere of our Lord God, 1641, and in the seaventeenth yeere of the raign of our Soveraigne Lord, Charles, by the Grace of God, King of England, Scotland, France, and Ireland, etc. M Sir Walter Lynch Fitz James Fitz Ambros, Mayor, anno Domini, fol. 177. 1641; John Martin Fitz Geffrey, and William Martin Fitz Nicholas, Shiriffes, Thomas Lynch Fitz Marcus, Recorder. Sir Thomas Rotherham, knight, Nicholas More Lynch, alderman. Vallentyne Blake, knight and baronett, alderman. Nicholas Martin Fitz John, alder- man. James Darsey Fitz Nicholas, alderman. Andrew Darsey, alderman. Walter Blake Fitz Arthur, alder- alderman, and one of his Majesties most honnorable Privie Counsell of Ireland. Sir Robucke Lynch, barronett. Sir Thomas Blake, barronett. Sir Richard Blake, knight. Sir Dominicke Browne, knight. Frances Blake, mayor of the staple. James Oge Darsey, alderman. Andrew Lynch Fitz John, alder- man. Andrew Lynch Fitz John, alder- : man. Oliver Martin, alderman. Androwe Browne Fitz Dominick, alderman. Walter Browne Fitz Thomas, alderman. Stephen Martin, alderman. Edmound Kirowan, alderman. Counsell : Patricke Darsey, esquire. Richard Martin, esquire. esquire. Geffrey Browne, esquire. Patricke Kirowan, esquire. James Darsey, esquire. Pears Martin Fitz Walter, burges. Henry Joyes, burges. Jasper French Fitz Androw, burges. Jasper French Fitz Peeter, burges. Nicholas Blake Fitz Robert, burges. Alexsander Bodkin, burges. John Blake Fitz Nicholas, burges. Richard Kirowan, burges. William Lynch Fitz Andrewe, burges. Walter Browne Fitz Marcus, burges. " Richard Martine, of Dungorie, in in the fortieth yeare of his adge and Michell Lynch Fitz Stephen, burgess. Dominicke Lynch Fitz John, burges. John Lynch Fitz Anthony, burges. Martin Lynch Fitz Anthony, burges. Robertt Deane, burges. Nicholas Blake Fitz Anthony, burges. Thomas Butler, burges. Geffrey Fonth, burges. Henry Blake Fitz Robertt, burges. John French Fitz Edmonnd, burges. Oliver Oge French, burges. Dominick Roe French, burges. Stephen Lynch Fitz James. Thomas Lynch Fitz Ambrose, burgess. 1 the countie of Galway, Esquier, fol. 179 1 , in his absence, was chosen Alder- 1 The Ms. does contain a leaf numbered 178. 492 HISTORICAL MANUSCRIPTS COMMISSION. A ''5)wn E of OF man 01 1 ^ 1S towne > tne ^ irst day of August, 1642, and the same day with Galway. the unanimous vote of the towne chosen Mayor, contrarie to custome, which ellection he renounced, and, his renunciation being not accepted, at the instance of the Corporation and of manie honorable persons he tooke that place uppon him, Michaellmass day the yeare aforesaid, to the generall content of all the inhabitantes of this towne. John Blake, Recorder. Domnicke Skerrett and John Bermingham, sheriffes. Martin French, chamberlin. "Here in cert all the officers [sic]. '* Christopher French, Notarie Publicke. Sunday, 18 Junii 1643. Mass super altari portabili in Saint Nicholas his parochiall church, and a sermon theare preached by Father John Kegan, of the Societie of Jesus. Sunday, 25 Junii, 1643. Mass was sayed in Saint Francis his Abbeye, and Father Valentyn Brown then preached theare. Uppon which daye Captain Anthony AVilloghbye 1 surendred the forte, and parted awaye the same daye in the Bonaventure, comaunded by Captain Richard Swanly, Vice-Admirall, the Providence, comaunded by William Brookes, Reare-Admirall, and in the two pinnaces and in one barke lent them for their passadge from the towne. " The fifteenth of August, 1643, upon the feast day of the Assumption of the ever glorious Virgin Mary, Moother of God, being the birth day of the (oblit.), the first generall procession after the restauration 2 of Saint Nicholas his church aforesaid was made, and in the procession amonge the Mendicants 3 this order was observed : First went the Car- melits ; then the Eremites of Saint Augustiu ; then the Franciscans ; then the Dominicans ; with a salvo jure of the Franciscans and Augus- tus. 4 fol. 179b. (" This yeare, the east south east rampier of Galway, begining at the bullvvorke of the east gate and drawing down from thence to the little bridge leading to St. Augustin's Abbeye, begun and considerablie proceeded in in ould tyme by this Corporacion, -was this yeare recon- tinued and raised to a good height and was compounded for to be finished at the publicque and common charge of this towne.) " This yeare, the walle at the kaye, beginning at the worke made in the tyme of the Mayoraltie of William Martin, leadinge from thence south west to the river in the place called Walleshead, was built at the pub- licque and common charge of this towne.) fol 189 4 "Sh Vallentyn Blake, junior, knight and Baronet, Mayor, anno Domini, 164[3]. John Blake, Recorder. Olliver Oge French, John Kirwane, Shirifes. Martine French Fitz Gregory, Chamberline and Escheator and Coroner. 1 See " History of the Irish Confederation and war in Ireland, 1641-43." Dublin : 1882. 2 Ms. fol. 1796., " reconcilhtion." 3 " Mendicant" Orders of the Church. 4 The preceding entries for 1643 are on leaf 179, which contains at head the record of the Mayor and officials for 1642. The entries appear again on 1796, with the additions, as above printed within parenthesis. Leaves numbered 180 and 181 are not in the Ms. HISTORICAL MANUSCRIPTS COMMISSION. 493 The Toune Councell : Thomas Lynch Fitz Marcus, alderman. Nicholas Blake Fitz Robert, alder- man. Jasper French Fitz Andrew, burgess. Jasper French Fitz Peeter, bur- gess. Richard Kir wan, burgess. Steephen Lynch Fitz James, bur- gess. Edmond Skerrett, Esquire. Martine Lynch Fitz Anthony, burgess. Michaell Lynch, burgess. Thomas Lynch Fitz Ambrose, burgess. Geffrey Font, burgess. Walter Blake Fitz Andrew, bur- gess. James Lynch Fitz Steephen, bur- gess. Marcus Kirwan Fitz James, bur- gess. Marcus Lynch Fitz William, bur- Archives or Town of Galway. Sir Thomas Rotherham, knight and one of his Majesties most honorable Privio Councell in Ireland, alderman. Sir Robert Lynch, baronet, alder- man. Sir Richard Blake, knight, alder- man. Sir Dominick Browne, knight, alderman. Richard Martin, mayor of the staple. Nicholas More Lynch, alder- man. John Bodkine Fitz Dominicke, alderman. Frances Blake Fitz Vallentine, alderman. Walter Reagh Lynch, alderman. Olliver Martine, alderman. James Reagh Darcy, alderman. Andrew Darcy, alderman. Walter Blake Fitz Arthur, alder- man. Walter Browne Fitz Thomas, alderman. Edmond Kirwan, alderman. William Lynch Fitz Andrew, bur- John Blake Fitz Nicholas, alder- gess. man. Allexander Bodkine. burgess. " Councell learned in the law, members of the said Town Councell : Patrik Darcy e, esquire. Patrike Kirwan, esquire. Geffrey Browne, esquire. James Darcye, esquire. " Christopher French], No[tary Public]. An order 1 declaringe the right of precedencie in stations and pub- f i. [183.] licke meetings within the countie of the towne of Galway, wherein nevertheless is meant and intended that Baronetts and Knights shall hould and enjoy e the places and precedencie to them of right due : Lawyers, barristers, in their The Mayor. The Recorder. The Mayor of the Staple. The Aldermen that boare office, by their senioritie. The Sheriffes for the tyme beinge. The Captaine of the Youngmen. Lawyers that were Recorders, with their gownes. The Coroner in his goune. The Chamberlin and Escheator, in their gownes. in gownes, whoe did practize, ac- cordinge their senioritie. Constables of the Staple or late Sheriffs. All otherSheriffes that boare office, accordinge to their antiquitie of office. The fowcr captains of the fower quarters. All other Burgesses, accordinge to their seniority of house- keepinge. 1 This document is undated and is between the leaves of the Ms. which contain records for 1643 and 1644. 494 HISTORICAL MANUSCRIPTS COMMISSION. A Toww E of° F *' That none shall challenge anie place amongest the before-named Galway. Aldermen, Sheriffes, and Barristers but such as shall goe in gownes, exceptinge the said Captaine of the Youngemen, And wee thinke it fitt and soe doe order that all Assemblies and station tjmes that all the aforesaid persons respectivelie shall take their places as is aforesaid sett downe, and such person or persons as shall not conforme themselves to this our order that they may absent, refraine, and withdrawe themselves from the said companies or meetings, least that theare may be any muttenie or disorder in the said companies or meetinges. " Wee think fitt that, accordinge to the ould custome, none shalbe ellected Aldermen but such as boare the office of Sheriffe, or are or heereafter shalbe made and declared Sheriffes peeres, first in Councell and next at the Towellshell, in a Common Assemblie to be theare heald upon Lammas or Michaelmas day. Dominicke Browne. Martin French Fitz Gregorie. Frauncis Blake. Thomas Lynch Fitz Ambrose. Walter Blake Fitz Arthour. Marcus Lynch Fitz William. Edmond Kirowan, John Martin Fitz Geffrey e. Nicholas Blake Fitz Ro[bert]. Frauncis Athye. fol. 184. <* James Darsey Fitz Nicholas, Esquier, Mayor, Anno Domini, 1644 ; John Blake, Recorder, Dominicke Darsy and Robert Martin Fitz Jasper, Sheriffes. List of * the Towne Councel." fol. 185. Edmond Kirowan Fitz Patricke, Maior, 1645 ; Dominicke Browne and Martin Kirowan. Sheriffes ; John Blake, Recorder. List of " the Towne Councell." fol. 1856. " Councell learned in the lawes, and members of the Town Councell : " Patricke Darcy, Esq. Christopher Ffrench, Nottarie Geffrey Browne, Esq. Publicke and Gierke of the Patricke Kirowan, Esq. Councelle. Stephen Ffrench, Esq. " This yeare, the triangular bulwarke or flancke, made and erected aboute the lyons toure for the common deffence as well of the east as north-east parte of the towne wales, as for the deffence of the Abbey of Saint Francis and of the little gate, was built at the publicke and com- mon charge of the Free[men] and Commons of this towne. f ]. 186. " This yeare, the howse built before the markett place uppon pillars and arches of hewed stones, begunn and considerably proceeded in, in the time of the Maioraltie of Sir Robuck Lynch, Barronett, was recontinued and raised to a good height, and by order of Courte was left to the charge of the now Mayor, Edmond Kirwan, to be finished at the publicke expence, and cost of the Corporation. fol. 188. 1 " John Blake Fitz Nicholas, Esquire, Maior, Anno Domini 1646; Dominicke Blake and Nicholas Bodkine, Sheriffes; John Blake Fitz Robert, Recorder. Lists of the Town Council, and " Councell learned in the law." **ol 188* " vertue °f an or der unto me directed from the Supreame Councell, I authorish and require six souldiers of the foote company of Captaine Edward Browne to repayre unto Ullicke Oge Burke, Conly Tulley, and Marcus Tulley, Collectors in the Barrony of Dunkellyn, and there to cesse themselves uppon the said Collectors and there to remaine untill the said Collectors doe produce my dischardge unto the said souldiers for 1 The Ms. does not contain a leaf numbered 187. 2 Of the Irish Confederation. HISTORICAL MANUSCRIPTS COMMISSION. 495 their severall chardges of collections, and the said souldiers are to take Archives of three pence per diem for each souldier, with competent meate and gawa? drincke, and for their soe doing this shalbe their warrant at their perills, — as they shall answere to the contrary. Given at Galvvey the 9th day of Junii, 1646. * "John Blake [Mayor]. " Memorandum : That it was ordered the first day of June 1647, fol. 189, upon full Assembly [in] open Court, by the generall consent of the Corporation, that the Excise thirds and tent[h]s to be answered out of the towne and countye of Gallway for this yeare, begineing uppon May, 1647, and ending in May, 1648, shalbe fearmed by the towne from the Commissioners Generall of Connaught, for the sume of two thousand foure hundred poundes sterling, in mannere following, viz., one thousand poundes sterling, out of hand, seaven hundred poundes sterling, at or before the xiith of August next, and the other seaven hundred poundes sterling, the first of A prill next, out of which two last paymentes the proportions of the armyes of the province of Connaught charged on this towne is to be payd from tyme to tyme till May next. " The same day, Mr. Mayor, Sir Dominick Browne, Knight, Alder- men Edmund Kirwan, both the Sherriffes, Alderman Walter Blake Fitz Arthur, Thomas Lynch, Fitz Ambrose, Peeter Lynch Fitz Peeter, John Bremingham, and Martin Blake Fitz Andrew were appointed to be the said Court to prescribe a course how the foresaid seaventeene hundred poundes should be paid for the said Excise thirds and tent[h]s, being the first payment to be made for the same. " Another order made the xviiith day of June, 1647, in the said Court (sic) have indifferently chossen, nomynated, and appointed twelve men, to say, Sir Dominick Browne, Knight, Aldermen Michell Lynch, Aldermen Olliver French, Thomas Lynch Fitz Ambrose, John Bre- migham, John Kirowan, Marcus Browne, Ullick Athy, Arthur Lynch Fitz Nicholas, Ambrose Bodkin Fitz David, Dominick Martyn Fitz Thomas, and Anthon} r Lynch Fitz John, that the said twelve men or the maior parte of them shall view the late booke of Excise, and the same so viewed to add, augment or diminish or continewe as they think fitt ; and the same, according as is sett downe by them or the maior part of them, shalbe executed and collected by the Commissioners of the Excise. " In pursuance of all the foresaid orders, first, the Excise thirds and tent[h]s hath beene contracted and agreed uppon be (sic) and with the Commissioners Generall, as aforesaid, Secondly, a course hath beene taken by the Mayor and the rest apointed by the Corporatione for the payment of the said seaventeene hundred poundes sterling as also for the last seaven hundred pounds sterling. That is to say, that Walter Blake Fitz Andrew, Marcus Kirowan Fitz James, Peeter Lynch Fitz Peeter, Martin Blake Fitz Andrew, and George Martyn have ingadged themselves by their pennall boundes to the Com- missioners Gennerall for the payment of the forsaid summes respectively, in the tymes of payment for which undertakeing and paymentes made and to be made they were made and appointed Commissioners, to con- tine w in the said Excise untill they were paid of the said sume of two thowsand four hundred poundes sterling, together with their sallary, as also of under officers and other charges and use of money. " In the third, in pursuance of the order aforesaid made, the xviiith of June, 1647, the said Sir Dominick Brown and the rest of the twelve- 1 This document is on a sheet of paper, inserted in the Ms. 49G IIISTOaiOAL MANUSCRIPTS COMMISSIOX. men, or the major part of them, under theire hands have taken a course and made a booke wherein is expressed orders for the levying of an Excise, to continew untill the said two thousand fcure hundred pounds, with all other the charges as above said, should be paid unto the said Commissioner of the said Excise, and the surplusadge if any be to be for the Corporacion's use. And for the more playner expression and divoulging of the said Actes of Court and order thereuppon made, wee, the Councell, have thought fitt to record the same in the Mearaltie booke of this Corporation, and in full acknowledgment of the payment and layeing out of the forsaid summes by the said Commissioners of the Excise in redy mony and by their iugagementes be bound for the use of this Corporation. In witness whereof, I have heereunto put my hand as our acts the xxth of June, 1647. "John Blake, Mayor. " Junii 18th 1647: " This daye it was ordered by the Mayor and Councell that when God be pleased to call any of the Aldermen, or their wives, from this transitory life to the everlasting, at their buriall the Mayor and Alder- men that bore office shall g[oe] in their redd gownes, Aldermen in election, Sherriffes [and] ould Sherriffes to goe in their blacke gownes. And at the buriall of Sherriffes, and of their wives, themselves, Sher- riffes and ould Sheriffes to goe in their blacke gownes. And likewise when God is pleased to call to himself the Recorder for the tyme being, or any of the ould Recorders, the Mayor and Aldermen are to goe in their redd gownes, and not at any other buriall whatsoever otherwise then as aforesaid. " John Blake, Mayor. fol. 191 1 . " This yeare, the flanker made and erected aboute the newe tower for the defence of the towne wales, as also for the defence of shippinges and barques riding in the Poole, was builte at the publicque and common chardge of this towne. " John Blake, Mayor. 41 The same yeare, fowre new leaves were made for the greate gate, and two for the little gate, at the publicque and common chardge of this Corporacion. " John Blake, Mayor. fol ]9l6 [Dated] in the Towlsell house of Gallway, the xith day of September,. 1647. " By the Mayor, Sherriffes, Free Burgesses and Comonaltie of the towne of Gallwey : " Whereas wee have of late credibly heard tjiat a scandelous seditious booke, intituld Disputatio Apologetica et manifestativa de jure regni Hiberniae pro Catholicis Hibernis adversus Hereticos, 2 and have seene breefe noates of the matter contayned in it, full of venemous and virulent doctrines, and damnable treasons against our King and country, hath been lately printed and published most maliciously by entending to distracte and alienat the hartes of his Majesties faithfull Catholicque subjects of Irland from their bounden and dutifull allegiance and obedience to their undoubted and lawfull Soveraigne Lord and King, Charles, that now is, King of Great Britaine, France, and Ireland, and \ b< hives of Town of (4ALWAT. 1 The Ms. does not contain a leaf numbered 190. 2 The title page bears the imprint of Frankfort, 1645. See " Contemporary History of Affairs in Ireland.. 1641-1652." Dublin : 1879-80, vol. i., pp. 667, 739. HISTORICAL MANUSCRIPTS COMMISSION". 497 that diverse copyes of the said booke are dispersed unto several! partes Archives cf of this kingdome. And alheite wee have made diligent search for gawav\ finding out the said booke. and for learninge who might be the true — aucthor of soe pestilent a woorke, wee have not as yett atained to our desires in that behaulfe, but doe expecte that our ententions therein will shortly take due effectt. " Wherefore, in the interim, by way of prevention, in manifestacion of our zeall, duity and alleijance to our said Soveraigne Lord and King, Charles, to his heires and lawfull successors, kinges of England, and in full and oppen declaration before God and the woorld that noe accident which happened in the late government of this kingdome of Ireland shall nor may enduce us to alter or violate our constant siuceare and faithfuli loyallty to his Majestie, his heires and lawfull successors, wee thought fitt and expedient and well becomeing us, by our publicque and unanimous declaration of our consiences in that behaulfe to protest, like as by these presentes wee doe protest, that wee doe and allwayes will preserve and continue in our faith and allegeance to our said Soveraigne Lord, King Charles, his heires and lawfull successors, and that wee did not nor will embrace nor accepte any other power over us in any temporall things or causes which may any way derogate from his and theire royall preheminency and authority, or be inconsistent with the same. "And wee doe lickewise protest and declare that wee do utterly detest and abjure the said damnable, seditious booke and doctrine there- in contained, and doe and will censure and [con]dame the same, with the author thereof, if wee light on them, to scourching and revenging fire which they deserve. "And, lastly, wee doe hereby in his Majestie's name straightly chardge and comaund all and every person or persons of what quality, state, condicion or degree hee or they be, within our jurisdicion and limitts of this towne and county of the towne of Gallway, who shall happen to light upon the said booke, the same foorthwith to present and deliver upp into the hands of the Mayor or Recorder for the tyme being, under payne of incurring the greatest rigour of the penaltyes due and incid[ent] to crymes of the greatest degree, according to thelawesof this kingdome. God save the King. " John Blake, Mayor. u [Com :] ville Gahvey, primo Augusti, 1647 : Coram Johanne Blake, fol. 192. Armigero, Maiore dicte ville, cum sociis suis. The coppye : "To all Christian people, to whome these presents shall come, wee, John Blake, Esquire, Mayor of the towne of Gallway, Dominicke Blake and Nicholas Bodkine, Sherriffes of the same, and the Free Burgesses and Comonaltye of the said towne, send greeting in our Lord God ever- lasting : " Know ye that wee, the said Mayor, Sherriffes, Free Burgesses and Comonaltye, for divers and sundry good consideracions us moving, and specially for his (sic) and extraordinary meritts and high descent of and allegance to one of the greatest peeres of this kingdome, and for the greate and extraordinary services by him performed in his Majesty's be- haulfe, have, for us and our successors, given and graunted unto u 84068. t T HISTORICAL MANUSCRIPTS COMMISSION. AR t 245 '' " Att a Common Councell of the towne of Gallway, held the 28th day of January, 1G73[4] : 6, 7. Thomas Revett and Thomas h Gregory Constable, Esquire, Cartwright, Shirriffes. Major. 8. William Hemmings, burgess. 2. John Morgan, alderman. 9. John Vaughan, burgess. 3. Edward Eyres, alderman. 10. Walter Hickes, Master of the 4. John Peters, alderman. Guild. 5. John May, alderman. 11. John Bullinbrooke, Esquire. " Ordred that the Shirriffes, Mr. Thomas Revett and Mr. Thomas Cartwright, are heareby authorized to receive from each Alderman and Burgess the several summes as is anexed to each man's name, as doth appeere by the anexed scedell. And the Shirriffes are desired to give the acquitance to each person according to the meathood heareunto fixed upon. Which acquitance such Alderman and Burges shallbe deamed, taken and reputed to all intents and purposes as Alderman and Bur- gess of this Corporacion, and the said Alderman and Burgesses are desired to repaire to the Mayor's house, where they shallbee entred in the Mayoralty Booke cleare of any charge for entreing the same, and that all or soe many of the said Aldermen and Burges[ses] as shall pay in theire mony as aforesaid, theire names shall be returned to the Lord Lieutenant and Councell to bee incerted in the body of the Charter. And of these 48 Aldermen and Burgesses the Comone Councell of this Corporacion to consist, without the alteracion of any Mayor herafter. " And it is further ordred that this order, with the lyst of the said Aldermen and Burges given to the Shirriffes, bee entred into the towne booke and there to remain one record. " Signed, by Order of the Mayor and Councell, by Edward Eyre. " Towne of Gallway : " Whereas att a Common Councill, held the twenty-eight of January, 1673[-4], for the speedy raising of mony, for the publique use of this Corporacion, for the reneweing of the charter, making an address unto his Majesty, and defending the suites in law that are or shalbee com- menced against the said Corporacion, it was proposed and ordered that soe many persons should bee added unto the number of Aldermen as should make them twenty-four, and as many added unto the Burges[ses] as should complete the number of twenty- four, of which the Common Councell are to bee constituted, a schedule of whose names is affixed unto the said order with the sum me proposed, added to each man's name, 1 Fol. 244 is not in the Ms. The entries for 1674 and 1675 precede, as above, those for January, 1673-4. HISTORICAL MANUSCRIPTS COMMISSION. 505 upon payment of which sume by any of the said Aldermen and Burgess they shall bee deemed, taken and ever reputed an Alderman or Burgess of the said Corporacion, and theire names incerted in the Mayoralty booke, and returned to his Excellency the Lord Lieutenant to bee incerted in the charter on the renewall thereof, the moneys soe raised to bee receaved by the Sheriffes, and to be disposed of to such person as the Mayor and Councell shall appointe. " In pursuance of the said orders, wee, the said Sheriffes, doe hereby accknowledge to have received from [blank] of Gallway, Alderman, the sum of [blank] poundes sterling, who is imeadiately to receive the benefitt of the said orders and soe to bee recorded in the towne booke. " As witness our hands and seales this [blank] 167 [3-4]. This instrument or recept is accordingly to the orders of Councell held the day above writen and accordingly to bee allowed of, as witness my hand and Mayoralty seale. " Gregory Constable, Mayor. " September the 29th, 1676 : " Theodore Russell, Esquire, Mayor ; William Sprigg, Esquire, fol. 2456. Recorder ; John Clarke, Richard Browne, Esquires, Sheriffes. " September the 29th, 1677 : " Theodore Russell, Esquire, Mayor ; William Sprigg, Esquire? Recorder ; John Clarke, Richard Browne, Esquires, Sheriffes. " This yeare, the new Charter was brought by Collonel Russell, after making the bargaine with Madam [Elizabeth] Hamilton for the grant she had from his Majestic, King Charles the Second, for the part of the revenue and towne landes mortgadged by the natives in the yeare 1647 to severall forfeiting persons, by which it was vested in the King and soe granted as aforesaid. " September the 29th, 1678 : " Theodore Russell, Esquire, Mayor ; William Sprigg, Esquire, fo!. 246. Recorder; Thomas Stanton, John Amory, Esquire?, Sheriffs. " September the 29th, 1679 " Theodore Russell, Esquire, Mayor ; William Sprigg, Esquire, fol. 247. Recorder ; Thomas Stanton John Amory, Esquires, Sheriffes. " Att a Common Council held at Alderman Cart-right's house in Gall- fol. [247*.] way, the 19th of July, anno Domini, 1680 r 1 " Present as followeth : Thomas Cartright, Esquire, William Hill, Alderman. Deputy-Mayor. Richard Browne, Burgess. Edward Eyre, Esquire, Deputy- Thomas Symcock, Merchant. Recorder. Samuel Camby, Merchant. Doctor James Vaughan, Warden. William Hoskins, Merchant. John May, Alderman. Robert Shaw, Towne Clerk. " Whereas it was ordered at a Comon Council held the 26th day of July, 1679, as followeth, vizt. the Council, taking into consideration that the concerne of the Corporation formerly acted by Tholsell was vested Archives ob Town ov Galway. 1 This matter is not entered in order of date in the Ms. ; the leaf on which it appears is numbered 252. 506 HISTORICAL MANUSCRIPTS COMMISSION. A *t?wn E of° F * n tne Council by charter, and to prevent the many inconveniencies that Gaiway. have attended the often altering of the members of the Comon Council, it was then ordered that thenceforth no person or persons should be added to the Comon Council but by consent of the major part of the Councill, and that none should be excluded the Council but on some misdemeanour allowed of by the major part of the Council. And this Council, taking the same further into consideration, finde that the said former order is somewhat short and dubious as to the major parte of the Council. It was this day ordered in Council, nemine con- tradicente, that the said former order of Council be confirmed and that such major parte of the Council shall consist of one and twenty at least, either in adding or secluding any such member or members of the Council, and also that the Mayor for the tyme being, or his Deputy from tyme to tyme hereafter, shall give a list of the Council to the Sergants-at-Mace, and that every Comon Councillor hereafter shall be summoned and have four and twenty bowers notice of the tyme and place of the sitting or meeting of such Council onely to such Comon Councilmen that was [mc] resident and inhabiting in the said towne. And that this and the order of Council be forthwith entred by the Towne Clerke in the Mayoralty booke, and that if the Sergeants-at- Mace shall neglect theire duty in not summoning every member of the Council that are inhabiting, or shall be in towne, at such tyme when they shall be ordered to summon the Council, shall forfeit five pounds for every such offence. " Entered per Robert Shaw, Clericum Theolonii. " September 29th, 1680: fol. 248. " Theodore Russell, Esquire, Mayor ; William Sprigg, Esquire, Recorder; Thomas Simcockes, Samuell Cambie, Esquires, Sheriffes. " September 29th, 1681 : fol. 249. " Theodore Russell, Esquire, Mayor ; William Sprigg, Esquire, Recorder ; Thomas Simcockes, Samuell Cambie, Esquires, Sheriffes. " September the 29th, 1682 : fol. 250. "Theodore Russell, Esquire, Mayor; William Sprigg, Esquire, Recorder * Marcus Lynch, William Hoskins, Esquires, Sheriffes. " September the 29th, 1683 : fol. 251. "Collonel Theodore Russell, Esquire, Mayor; William Sprigg, Esquire, Recorder; William Hoskins, Thomas Yeaden, Esquires, Sheriffes. " September the 29th, 1684 : fol. 253. 1 " Collonel Theodore Russell, Esquire, Mayor j William Sprigg, Esquire, Recorder ; Thomas Yeaden, Thomas Willson, Esquires, Sheriffes. " September the 29th, 1685 : fol. 254. " Collonel Theodore Russell, Esquire, Mayor ; William Sprigg, Esquire, Recorder ; Thomas Willson, Richard Wall, Esquires, Sheriffes. fol. 254 6. "Sir Henry Lynch Baronet was on the first day of August, 1686, ellected Recorder of the towne of Gallway, and was afterwardes sworn, 1 For contents of fol. 252, see p. 505, under 16S0. HISTORICAL MANUSCRIPTS COMMISSION. 507 and in the same yeare was made one of the Barons of his Majestie's "^^J.^ °* Court of Exchequer in Ireland, in whose roome and at the request of Galway. the said Sir Henry, Thomas Lynch, Esquire, was sworn Recorder, the — 18th day of May following, for the remainder of that year. 1 "John Kirwan 2 Fitz Stephen, of Gallway, merchant, was, on the fol. 256. first day of August, in the year of our Lord God one thousand six hundred eighty and six, and in the second year of the reign of our Soveraign Lord, James the Second, King of England, ellected Mayor of the said town of Gallway, and was on the 29th day of September following sworn. "George Stanton and Jonathan Perrie, of Gallway aforesaid, mer- chantes, were ellected and sworn Sherriffes in manner aforesaid. " Thomas Lynch, Esquire, Recorder. " Robert Shaw, Towne Clarke. Yeares 1686, 1687 : " The Comon Councell of Gallway in the Mayralty of John Kirwan fol. 257. Fitz Stephen, Esquire. John Kirwan, Esquire, Mayor. His Grace John [Vesey], Lord Archbishop of Tuam. The Honorable Sir Henry Lynch, Baronet. Recorder for most of the yeare, 1686. Sir Oliver St. George, Knight and Baronet. Sir Walter Blake, Baronet. The Honorable Peter Martin, Esquire, one of the Justices of Her Majesty's Court of Comon Pleas. Gerald Dillon, Esquire, His Majesty's Prime Sergeant at Law. The Honorable Colonel Gerald Moore, Esquire. Thomas Lynch, Esquire, Re- corder, in the roome of Sir Henry Lynch. Captain Richard Coote. Sir Henry Waddington, Knight. William Sprigg, Esquire. Francis Cuff, Esquire. Gabriel King, alderman. John May, alderman. Colonel Theodor Russell. Thomas Stanton, Esquire, Mayor of the Staple. Thomas Revett, alderman. John Gerry, alderman. Joseph Ormsby, Esquire. Captain Arthur St. George. Dr. John Bullinbrooke. Edward Stubber, Esquire. Robert Miller, Esquire. John Bingham, Esquire. Richard Wall, burgess. Oliver St. George, Esquire. James Darcy, Esquire. Dominick Browne, Esquire Stephen Deane. Thomas Deane. Laurence Deane. Marcus Kirwan. Valentin Browne. Robert Kirwan. Oliver Martin, Esquire. Robert Blake, Esquire. Robert French, Esquire. Arthur French, Esquire. James Deane. Dominick Bodkin. James Browne Fitz Jeffrey. George Browne, Esquire. Richard Blake, Esquire. Charles Daley, Esquire. Nicholas Lynch Fitz Marcus. Nicholas French, Senior. Isidor Lynch, Esquire. Andrew Oge Blake being dead, Peter Blake of Corbally was sworne in his room. 1 Leaf 255 is not in the Ms. 2 This name is in gilt! etters on ff. 256 and 258. 508 HISTORICAL MANUSCRIPTS COMMISSION. A Town ES ° P Thomas Cartright, alderman. Galway. Thomas Andrews, alderman. — George Stanton, b urges. Jonathan Perrie, burges. Thomas Simcockes, b urges. Colonel George Lesone. Richard Thomas, Gierke. John Eyre, Esquire. John Vuughan, burgess. Thomas Poole, burgess. Richard Browne, burgess. John Clarke, burgess. Samuel Cambie, burgess. Major Nicholas Bayly. Mark Harrington, burgess. Thomas Yeeden, burgess. James Wilson, burgess. Gilbert Ormsby, Esquire. Ambros Lynch. Martin Kirwan Fitz Patrick. Richard Lynch Fitz James. Nicholas French, Junior, Es- quire. Thomas Lynch Fitz Peter. Bartholomew Butler. Francis Lynch Fitz George. James Browne Fitz Edward. John Lynch Fitz Michael. Walter Blake, of Drum, Esquire. John Joyes Martin King. John Amory. Robert Amory. Captain Thomas Crawly. Richard Plummer. Robert Shaw, Clericus Theolonii. "John Kirwan Fitz Stephen, Esquire, was, on the first day of August, anno Domini 1687, and in the third year of the reign of our Soveraign Lord, King Jaines the Second, ellected Mayor of the town of Gallway, and was on the 29th day of September following sworn, being the second yeare of his Mayoralty. "James Browne Fitz Jeffry and Marcus Kirwan Fitz Dominick, Sheriffes. " Thomas Lynch, Esquire, Recorder. " Robert Shaw, Town Clarke. " The Comon Councell of Gallway in the second yeare of the Mayor- alty of John Kirwan, Esquire, ending Michaelmas, 1688 : John Kirwan, Esquire, Mayor. Collonel Garet Moore, aldermen. Sir Walter Blake, Baronet, alder- men. Thomas Lynch, Esquire,Receiver. Robnck Lynch, Esquire, alder- man. Robert Blake, Esquire, alderman. Dominick Browne, Esquire, alder- man. James Darcy, Esquire, alderman. Oliver Martyn, Esquire, alder- man. Francis Blake, Esquire, aiderman. Peter Kirwan Fitz Francis, alder- man. James Browne Fitz Edward, alderman. William Hill, alderman. Jonathan Perrie, alderman. Thomas Revett, alderman. Nicholas French, Senior, Esquire, alderman. Henry Blake, Esquire, alderman. Robert French, Esquire, alder- man. Andrew Blake, Esquire, alder- man. Martin Kirwan Fitz Patrick, Es- quire, alderman. George Stanton, alderman. Walter Blake, Esquire, alderman. Ambrose Lynch, alderman. Stephen Deane, alderman. Robert Kirwan, alderman. Thomas Simcocks, aldermen. John Gerry, alderman. James Browne Fitz Jeffry and Marcus Kirwan Fitz Dominick, Esquires, Sheriffes. HISTORICAL MANUSCRIPTS COMMISSION. 509 Burgesses The Eight Honorable Dennis Daly, Esquire, one of the Jus- tices of his Majesties Court of Comon Pleas, and one of his Majesties Most Honorable Privy Councell of Ireland. The Honorable Sir Plenry Lynch, Baronet, one of the Barons of his Majesties Court of Ex- chequer. The Honorable Peter Martyn, Esquire, one of the Justices of Majesties Court of Comon Pleas. Gerald Dillon, Esquire, his Ma- jesties Prime Sergeant at Law. Francis Plowden, Esquire. John Browne, Esquire. Charles Daly, Esquire. George French, Esquire. George Browne, Esquire. John Bodkin, Esquire. Nicholas Lynch Fitz Marcus. Arthur French, Esquire. Peter Blake Fitz Richard, Es- quire. Nicholas French, junior, Esquire. Richard Blake, Esquire. Oliver Browne. Esquire. James Foster, Esquire. Patrick French Fitz Robert, Es- quire. Joseph Lynch, Esquire. Marcus Blake Fitz Walter. Andrew French, Esquire. Arthur Lynch Fitz Robuck. Nicholas Lynch Fitz Robuck. John Blake Fitz Vallentin. Archives oj? Town ob Galwat. Robuck French, gentleman. Patrick French Fitz Robuck, Esquire. Doctor James Ryan. Doctor Thomas Martyn. Marcus Browne Fitz Walter. John Martyn Fitz Richard. Dominick Lynch Fitz John. Lawrence Deane. Thomas Blake Fitz John. Richard Lynch, senior. Dominick French Fitz Patrick. Thomas Lynch Fitz Peter. Gregory Nolan. Francis Blake. Fitz Andrew. Edmond Skerrett Fitz Dominick. Patrick Blake Fitz Andrew. Peter Blake Fitz Nicholas. Stephen Lynch Fitz Nicholas More. Richard Lynch, Junior. Jasper French Fitz Robert, Patrick Darcy, Esquire. Oliver Darcy. Martin Darcy Fitz Richard. Martin Darcy Fitz Peter. Patrick French Fitz Peter. John Bodkin Fitz Ambrose. Dominick Bodkin Fitz Patrick. Samuel Cambie. Nicholas Lynch Fitz William. James Kenny. Thomas Stanton. Martin King. Mark Lynch. Thomas Yeeden. William Cleere. Dennis Kelly. " The new charter was in this yeare by his Most Sacred Majestie, King James the Second, granted unto this Corporation. "The key [quay] of Gallway and the new peer [pier] was this yeare erected and repaired at the charge of the Corporation. " Examined per Robertum Shaw, Clericum Theolonii. " September the 20th, 1688 : " Dominick Brown, 1 of Carrowbrown, Esquire, Mayor ; Thomas fol. 260. Lynch, Esquire, Recorder ; Francis Blake Fitz Andrew, and Dominick Bodkin Fitz Patrick, Esquires, Sheriff es ; Robert Shaw, Town Gierke. " September the 29th, 1689 : "Dominick Brown, 2 of Carrowbrown, Esquire, Mayor; Thomas fol. 261. Lynch, Esquire, Recorder ; Francis Blake Fitz Andrew, and Dominick Bodkin Fitz Patrick, Esquires, Sheriffes. Robert Shaw, Town Clerke. 1 In margin : 2 In margin : 1689.' Collonel Dominick Browne ellected, first August 1688.'* Collonel Dominick Browne ellected a second time, 1st August, 510 HISTORICAL MANUSCRIPTS COMMISSION. Archives of " September the 29 th, 1690 : Gal-way. " Collcnell Alexander Mc Donnell, Mayor, untill the eighth day of fol 262~ December this year, att which time he was by speciall order of the Government removed from the said office ; on which day Arthur French, 1 Esquire, was ellected and sworn Mayor for the remaineing part of this year. " Thomas Lynche, Esquire, Recorder. " William Cleer, Oliver French, Esquires, Sheriffs. " Anthony French Fitz Martin was ellected Towne Clerke the 6th of October this year. fol. 263. " Sir Henry Bellasies [Bellasyse] elected the first August 1691., being then Governor ; the towne being surrendered the 26th July before. " September the 29th, 1691 : i( Sir Henry Bellasyse, Barronet, Governor of Galway, Mayor ; Nehemiah Donnellan, Esquire, Recorder : John Gibbs, Richard Wall, Esquires, Sheriffes ; Robert Shaw, gentleman, Town Clerke. " Memorandum : That the town of Galway was surrendered to the arms of our Soverain Lord and Lady, King William and Queen Mary, under the command of Generall Ginkle, on the 26th day of July last past. fol. 264. " Thomas Revett, Esquire, was on the first day of August, anno Domini 1692, and in the fourth yeare of the reign of our Sovereign Lord and Lady, King William and Queen Mary, elected Mayor of the towne of Galway, and was on the 29th day of September following sworn e. " Nehemiah Donnelan, Esquire, Recorder. " Richard Wall and John Gibbs, Esquires, Sheriffes. fol. 265. " Thomas Revett," Esquire, was on the first day of August, anno Domini 1693, and in the fifth yeare of the reign of our Soveraigne Lord and Lady, King William and Queen Mary, ellected Mayor of the towne of Gallway, and was on the 29th day of September following sworn. " Nehemiah Donnelan, Esquire, Recorder. " John Gibbs, Richard Wall, Esquires, Sheriffes. fol. 266. " Thomas Simcockes, Esquire, was on the first day of August, anno Domini 1694, and in the sixth yeare of the reigne of our Souveraign Lord, King William the Third, ellected Mayor of the towne of Gallway, and was on the 29th clay of September following sworne. " William Handcoke, Esquire, Recorder. " Thomas Conneys and Francis Knapp, Esquires, Sheriffes. " Robert Shaw, gentleman, Town Clarke. " 1695 : fol. [2673]. « Thomas Simcokes, Esquire, was cn the first day of x^ugust, anno Domini, 1695, and in the seaventh yeare of the reigne of our Soveraigne Lord, King William the Third, ellected Mayor of the towne of Gallway, and was on the 29th day of September following sworne. " Robert Ormsby, Esquire, Recorder. 1 In margin : " Arthur French, Esquire, ellected, first August 1690." 2 In margin : " Thomas Revett, Esquire, ellected a second time, first August, 1693." 3 Erroneously numbered 327 in the MS, HISTORICAL MANUSCRIPTS COMMISSION. 511 " Francis Knapp and James Ribett Vigie, Esquires, Sheriffes. il Robert Shaw, gentleman, Towne Clarke. " September the 29th, 1696 : fol. 268. Archives or Town of Galwat. a Thomas Cartwright, Esquire, was on the first day of August, anno Domini, 1696, and in the eight year of the reigne of our Soveraigne Lord, King William the Third, ellected Mayor of the towne of Gallway, and was on the 29th clay of September following sworne. " Robert Ormsby, Esquire, Recorder. " James Ribett Vigie and Marcus Lynch, Esquires, Sheriffes, " Robert Shaw, gentleman, Towne Clarke." Copy of portion of section [8] of entry, relative to Warden and Vicars fol. [268*]. of the College, Galway. 1 See page 387. " John Gerry, Esquire, was, on the first day of August, anno Domini fo1 - 269 - 1697, and in the ninth j'eare of the reigne of our Soveraigne Lord, King William the Third, ellected Mayor of the towne of Gallway, and was on the 29th day of September following sworne. " Marcus Lynch and Jarvis Hind, Sheriffes. " Robert Ormsby, Esquire, Recorder. "Robert Shaw, gentleman, Towne Clarke. " On the 7th day of November, this yeare, was proclaimed the much honoured and renowned peace betweene his most Serene Majestie, King William the Third of Great Brittaine, and the French King. " On the 3rd of August, this yeare, their Excellencys, the Marques of Winchester, 2 and the Earle of Gallway, 3 Lords Justices of this king- dom of Ireland, on their progress came to the towne of Gallway, and were on the day following entertayned at the Mayor's house at the charge of the Corporation. " John Gerry, Esquire, was on the first day of August, anno Domini fol. 270. 1698, and in the tenth year of the reigne of our Soveraigne Lord, King William the Third, ellected Mayor of the towne of Galway, and was on the 29th day of September following sworne, being the second yeare of his Mayorallty, and did this yeare consent to take one hundred pound sallerey for his Mayorallty, to the end the other hundred pound allowed to former Mayors should go towardes payeing the Corporation debtes. " Jarvis Hind and Thomas Poole, Sheriffes. " Robert Ormsby, Esquire, Recorder. " Robert Shaw, gentleman, Towne Clarke. " 1699 : Thomas Andrews, Esquire, was on the first day of August, f l. 271. anno Domini, 1699, and in the eleventh year of the reign of our Soveraigne Lord, King William the Third, ellected Mayor of the towne of Gallway, and was, on the 29th day of September following, sworne, and also did bestow uppon the Corporation a sword case to hould the King's sword, now in the church of Saint Nicholas. " Robert Ormsby, Esquire, Recorder. " Thomas Poole and Samuel Simcocks, Esquires, Sherieffes. "Robert Shaw, gentleman, Towne Clarke. 1700 : Richard Browne, Alderman, was on the first day of August, fol. 273. 4 anno Domini 1700, and in the twelfth yeare of the reigne of our 1 This copy is inserted in the Ms., and is incorrectly dated 1497 instead of 1557. 2 Charles Paulet. 3 Henri de Massue de Ruvigny. 4 Leaves 272, 274, 275, and 277 are not in the Ms. 512 HISTORICAL MANUSCRIPTS COMMISSION. Archives of Sovereigne Lord King William the Third, eliected Major of the towne Galwat! of Gallway, and was, on the 29th day of September following, sworae. — " Robert Ornisby, Esquire, Recorder. " Samnell Simcockes, Robert Blakeney, Esquires, Sherriffes. " Robert Shaw, gentleman, Towne Clark. fol. 276. " 1701 : Thomas Stanton, Esquire, was, on the first day of August, in the yeare of our Lord God 1701, and in the thirteenth yeare of the reigne of our Sovereigne Lord, William the Third, by the grace of God King of England, Scotland, France and Ireland, by unanimous assent eliected Mayor of the towne of Gallway and was on the 20th day of the said month of August approved of by the Lords Justices and Coun- cell of Ireland, as appointed and directed by the new rules made by the Lord Lieutenant, Cheife Governours and Councell of Ireland, pursuant to a clause in an act of Parliament passed in Ireland in the seaventeenth and eighteenth of King Charles the Second, commonly called the Acts of Settlement and Explanacion, and was on the 29th day of September following, being Michaelmas-day, sworn according to the ancient custome in the Towne Hall. "Robert Ormsby, Esquire, Recorder. "Robert Blakeney and John Broughton Esquires, Sherriffes, eliected, approved of and svvorne in manner, time and place aforesaid. " Robert Shaw, Alderman, was eliected Towne Clerke, and was, together with the said Recorder, sworne on the Munday after Michael- mas att the place aforesaid, as usualh fol.2766. "This yeare 1701 it pleased God to send a great plenty of heringes into our harbour, such hath not been these twenty or thirty yeares past, soe far that, the loth day of September, there was by computation a thousand barills that night taken and sold for 4s. 6d. per thousand, and not above seaventy boates fishing this season. " The yeare following, such a multitude of herings were taken that they were comonly sold for eight pence per thousand, some dayes for tenn pence per thousand. A great season of codd fish hapned all winter and spring that [blank] good codds were ussually sold at the fish markett for pence apiece, and in summer 1 703 codd sold for half- pence apiece, tho' seldome heretofore taken in our bay that tyme of the yeare. " On the eighth day of March, 1701 [2], it pleased Almighty God to call to His mercy our late Sovereigne Lord, King William the Third, of ever glorious memory, by whose decease the Imperial Crowns of England, Scotland, France and Ireland came to the high and mighty Princess, Anne of Denmark, who on the said 8th March, 1701 [2], was proclaimed in the titty of London, the Parliament of England then sitting. On the 17th day of the said month of March, her Majestie was proclaimed in the titty of Dublin, and, on the 24th day of the said month, in this towne [Galway], with all demonstrations of joy, and on the 23rd day of Aprill following Mas crowned att Westminster. "In the month of May after, her Majestie was pleased to declare warr against France and Spaine. fol. 278. " 1701 : The Common Councell of Gallway in the mayralty of Thomas Stanton, Esquire : Thomas Stanton, Esquire, Mayor. Robert Blakeney, John Brough- His Grace John, Lord Arch- ton, Esquires, Sherriffes. bishopp of Tuam, who was on Feilding, Shaw, Doctor in Divi- the 1st day of August eliected nity. Warden of Gallway. Richard St. George, Esquire. HISTORICAL MANUSCRIPTS COMMISSION, 513 The Right Honorable Sir Henry Bellassis, knight, alderman, Lieutenant Generall of his Majesties forces. The Honorable Richard Coote, Esquire. Nehemiah Donnellan, Esquire one of the Barons of his Majesties Court of Exchequer in Ireland. Sir George St. George, Barronet. Sir George St. George, Knight. RobertOrmsby,Esquire,Recorder. Richard Brown, alderman, Mayor of the Staple. Thomas Revett, alderman, Cham- berlain. Thomas Simcockes, alderman. Thomas Cartwright, alderman. John Gerry, alderman. Thomas Andrews, alderman. William Sprigge, Esquire, Bar- rister att Law. John Amory, alderman. Samuell Gambie, alderman, Coro- ner. Thomas Yeaden, alderman. Thomas Will son, alderman. Robart Shaw, alderman, Towne Clerke. Richard Wall, alderman. John Clarke, alderman. John Eyre, Esquire, Oliver, St. George, Esquire, John Bingham, Esquire. Gilbert Ormsby, Esquire. Charles Morgan, Esquire. Edward Stubber, Esquire. John Morgan, Esquire. Edward Eyre, Esquire, Barrister att law. John Stanton, Esquire, Barrister att law. John Revett, Esquire, Barrister att law. Samuell Simcockes, one of the Constables of the Staple. John Gibbs, burgess. Thomas Conys, burgess. Francis Knapp, burgess. James Ribett Vigie, burgess. Mark Lynch, burgess. Jervis Hind, burgess. Thomas Poole, burgess. Richard Thomas, Clerke. Thomas Revett, Clerke. John Ormsby, gentleman. Richard Plumer, gentleman. Robert Widdrington, gentleman. ] Francis Andrews, gentleman. Thomas Stanton, Junior, gentle- man. Samuell Eyre, Esquire. George Eyre, Esquire. Abchives ob Town oe Galwat, * The said John Gibbs was, on the 13th of Aprill 1702, ellected and sworne Alderman in the place of the Honourable Collonel Theodore Russell, deceased. John Price, Clerke. John Feuquier, gentleman. " Com : ville Gallway, xxiii° die Januarii 1700 [-1] : " Whereas it appears by constat from his Majestie's Auditor Generall fol. 2^9. that all and singular the customes, petty customs, and cocketts and the seale thereof, which from time to time shall grow or be due to her High- ness, her heirs and successors, within the towne of Gallway, and within the port of the same town and creekes of the said port, and the collector- ship, proffits, and comoditys thereof, and likewise the rent of the fee- farme of the said towne of Gallway merchant, the duty or perqui- sites called the bayliffes fish in the towne of Gallway and port of the same, and also the rectory and parsonage of the church of St. Nicholas of Gallway aforesaid, with all the hereditamentes, profittes, offeringes, tythes, alterages, emolumentes, and other comodityes whatsoever there- unto belonging, the impost and custom of wynes lately granted to her Highness by statute, and that shall happen yearely within the said towne of Gallway and the port, creek, and tranches of the same, and the offices of Receivor and Comptroller thereof, and the fishing and other comoditys thereof lately demised to Roger Challenor, onely excepted, U 84068. k k 514 HISTORICAL MANUSCRIPTS COMMISSION. Archives of were, by indenture under the greate seale of Ireland, bearing date the Gajlwat. eleaventh day of September, 1578, in the twentieth year of the reign of — Queen Elizabeth, demised unto the Mayor, Bayliffes, and Comonalty of the towne of Gallway, and their successors Mayors, Bayliffes, and Comonalty of the said towne, for the term of fifty yeares, to comence from the expiration of the former lease made of the premisses unto Anthony Fitton, gentleman, for the term of twenty-one years, and bear- ing date the twenty-second day of June, in the eighteenth year of her said Majestie's reign, at and under the yearly rent xlviiifo'. viiis. viiid'. monete Hibernie, making xxxvi/^. xiis. vk?. sterling, of which rent there was discharged the sume of liii/t. xiiis. Hie?, per annum, being granted to Sir John Everard and Patrick Gough, by pattente dated the 27th of January, anno xii Jacobi primi, and then remained the summe of xxxi/&. xixs. uid., being the rent now in charge ; and by charter from the late King James to the Mayor, Sheriffes and Burgesses of the county of the towne of Gallway, the same rent is reserved to the Crowne. " And whereas, by an order of the fourteenth of November last, it was ordred, on the mocion of his Majestie's Attorney- Generall, that a seizure should issue for the said duty unless cause were shewn to the contrary the first of this term, now, upon motion of Sir William Handcock, Knight, Eecorder of the citty of Dublin, of councill on behalfe of the Corpor ation of the said towne of Gallway, moveing on the said last rule, prayes that this matter may be referred to his Majestie's Attorney-Generall ; whereupon, and on reading the said constat this day in court, it is ordred that this matter be and is her by referred to Robert Rochfort, Esquire, his Majestie's Attorney-General, to examine and to report to the Court how he finds the same, that thereupon such further order may be made there as shall be thought fitt. And it is also ordred by the court that Mr. Richard Thompson, attorney for the Commissioners of his Majestie's Revenue, have timely notice when his Majestie's said Attorney- General intends to proceed on the said refference. And it is also ordred that the said charge be and is hereby respitted in the meane time, and thoat noe seizure doe issue against the said towne of Gallway for the said dutys, whereof the said Robert Rochfort and all other officers and persons concerned are to take notice. " Robert Doyne^ "24th February, 1 700 [-1] : I appoint Wednesday, the 26th instant, at three in the afternoon, at my house, to proceed on the within matters to me referred, and desire Mr. Thompson within named and all matters therein concerned to take notice. "Robert Rochfort. "Copia vera: Examined per William Ormsby, Deputy Remem- brancer. fol. 279 b. " To the Chancellor Treasurer, Lord Chief Baron, and the rest of the Barons of his Majestie's Court of Exchequer. "May it please your Lordshipps, — According to an order of the Courte of Exchequer, dated the 23th of January, 1700[-1], on behalfe of the Corporation of the towne of Gallway, I have examined the matters thereby to me refferred and doe find that Queen Elizabeth, by indenture under the great seale of Ireland, bearing date the 1 1th day of September, 1578, demised unto the Mayor, Bayliffs and Commonalty of the towne of Gallway, and their successors, all and singular the customes, petty customes, etc., for the term of 50 years, to commence from the expiration of a former lease made of the premisses unto Anthony Fitton, gentleman, for the term of 21 years, bearing date the HISTORICAL MANUSCRIPTS COMMISSION. 515 22th of June, in [1576] the 18 year of her said Majestie's reign, at the AE T C ^ E * P ° yearly rent of 4Sli. 16s. 8d., which lease I find expired in the year 1648. Galway. H. I farther find, by severall charters and grants from the late Queen Elizabeth and King Charles the Second, that most of the particulars in the said lease were granted away to the said Corporation of Gallway, and their successors, and to the Archbishop of Tuam and one Mrs. Elizabeth Hamilton for ever. " I find likewise by the affidavit of Mr. Robert Shaw, Towne Clarke of the towne of Grail way, dated the 11th of March last [1700-1], which I have hereunto annexed, that the said Corporacion hath not these 30 years past enjoyed any of the particulars mentioned in the said lease other than such as are granted to them by their charters, and that he beleives, when King Charles the Second was restored, he tooke into his owne hands the customes and cocketts and 6eall therof , and the collector- ship and fees and profittes mentioned in the said lease, which hath bin ever since enjoyed by the respective customers and collectors appointed by the Crown e, and that the Archbishopp of Tuam, pursuant to the grant made him by the Crowne, enjoys the wardenshipp of Gallway, being united to the see of Tuam for ever. " He further deposeth that the whole towne was by the Act of Settlement granted to [the 16] 49 officers, and a considerable quitt-rent reserved on them which they pay to the Crowne ; nor doe they enjoy any houses, to his knowledge except the Tholsell and gaole thereunder and the ruined walls of a small plott whereon the Corporacion intended to build a Tholsell, and a small house or turrett on the towne wall at the key, whereon a guard is comonly kept, and two or three small sheds built against the towne wall, which he beleives not all sett for forty shillinge^ per annum. " Before I would make any report in this matter, I sent to Richard Thompson, Esquire, Clerke of the quitt-rentes, and Mr. Ben. Chetwood, to lay before me what information they could concerning this affaire ; and the said Mr. Chetwood hath since acquainted me that he made inquiry relateing to the said charge, and that he found noe reason in the office to issue the said charge. All which is submitted to your Honours this 16th day of February, l701[-2]. "Robert Rochford. " Copia vera : Richard Barry. " xvii. die February, 1701 [-2] : " Whereas it appeares by constat from his Majestie's Auditor- General foi.280. that all and singular the customes, petty customes, and cocketts, and the seale thereof, which from time to time shall grow or be due to her Highness, her heirs and successors, within the towne of Gallway, and within the port of the same towne and creekes of the said port, and the collectorshipp and profittes and comoditys thereof, and likewise the rent of the fee-farme of the said towne of Gallway, the duty or perquisittes called the Bayliffes fish in the towne of Gallway and port of the same, and also the rectory and parsonage of the church of St. Nicholas of Gallway aforesaid, with all the heriditamentes, profittes, offerings, tythes, alterages, emoluraentes, and other comoditys whatsoever thereunto belonging, the impost and custome of wynes lately granted to her Highness by statute, and that shall happen yearly within the said towne of Gallway, and the port, creekes, and franches of the same, and the offices of Receiver and Controller thereof, and the fishing and other comoditys thereof, lately demised to Roger Challoner, onely excepted, were, by indenture under the great seale of Ireland, bearing date the 1 1th 516 HISTORICAL MANUSCRIPTS COMMISSION. TowJ?f°* da J of September, 1578, in the 20th year of the reign of Queen Gaxwat. Elizabeth, demised unto the Mayor, Bayliffes, and Comonalty of the towne of Gallway, and their successors, Mayors, Bayliffes, and Comonalty of the said towne for the term of fifty yeares, to comence from the expiration of the former lease made of the premisses unto Anthony Fitton, gentle- man, for the term of twenty-one yeares, and bearing date the 22nd day of June, in the eighteenth yeare of her said Majestie's reign, at and under the yearly rent of xlviiifo'. xvis. viiid., monete Hibernie, making xxxvi/i. xiis. vie?, sterling, of which rent there was discharged the summe of four poundes, thirteen shillinges and three pence per annum, being granted unto Sir John Everard and Patrick Gough by pattent dated the 27th of January, xiii° Jacobi Primi, and then remained the summe of xxx/. xixs. iii^., being the rent now in charge. And by charter from the late King James to the Mayor, Sherriffes, Burgesses of the county of the towne of Gallway, the same rent is reserved to the Crown. "And whereas Robert Rochfort, Esquire, his Majestie's Attornie- Generall, on the 14th day of November, 1700, moved on the said con stat for a seisure of the premises therein contained, alleadging the rent reserved on the said lease to be arreares to his Majestie, thereupon it was ordered that a seizure should be accordingly issued, unless cause were shewn to the contrary within four dayes. " And whereas by order of this Court of the xxiiid January 1700[-1], in was ordered on motion of Sir William Handcock, knight, Recorder of the citty of Dublin, on behalf e of the Corporation of the said towne of Gallway, that the matter aforesaid should be and was referred to his Majestie's said Attorney-Generall to examine and reporte to the courte how he, found the same, that thereon such further order should be made as should be fitt. " And whereas his Majestie's said Attorny-Generall had accordingly made his report, whereby it appears that he findes Queen Elizabeth did, by indenture dated as aforesaid, demise the said custom to the said Mayor, Bailiffes, and Comenalty of the said towne of Gallway and their successors for the terme aforesaid, and to commence as aforesaid, which lease he finds expired in the yeare 1648 ; that he further finds, by several charters and other grants from the late Queen Elizabeth and King Charles the Second, that most of the particulars in the said lease were granted away to the said Corporation and their successors, and to the Archbishopp of Tuam and one Mrs Elizabeth Hamilton, for ever ; that he likewise finds by the affidavit of Mr. Robert Shaw, Town Clarke of the said towne of Gallway, dated the second of March last, that the said Cor- poration hath not these thirty yeares past enjoyed any of the particulars mentioned in the said lease other than such as are granted to them by their charters ; and that he believes, when King Charles the Second was restored, he tooke into his own hands the customes cocquetts and seale thereof, and the collectorshipp and fees and profitts mentioned in the said lease, which hath bin ever' since enjoyed by the respective Customers and Collectors appointed by the Crowne ; and that the Arch- bishopp of Tuam, pursuant to the grant made by him to the Crowne, enjoyes the Wardenshipp of Gallway, being united to the see of Tuam foi. 2806. for ever, and that, since the said Robert Shaw's time, the said Corpora- tion have not received any rent of the fee-farm of the said towne, and that the whole towne was by the Act of Settlement granted unto the [16]49 officers, and a considerable quit-rent reserved on them, which they pay to the Crowne, nor doe they enjoy any house to his know- ledge except the Tholsell and gaole, and the ruined walles of a small plot, whereon the Corporacion intended to build a Tholsell, and a small house or turrett on the towne, and at the key, wherein a guard is com- HISTORICAL MANUSCRIPTS COMMISSION. 517 monly kept, and two or three small sheds built against the towne wall. Archives op which he believes not all sett to forty shillinges per annum. gSw? His Majesties Attorneies Generall further setts forth that, before he — would make and report in this matter, he sent to Richard Thompson, Esquire, Clerke of the Quitt-Rent, and Mr. Benjamin Chetwood, to lay before him what information they could concerning this matter, and the said Chetwood acquainted him that he made enquiry relateing to the said charge, and that he found no reason in the office to issue the said charge ; now, upon motion of counciil made on behalfe of the said Cor- poration of the towne of Gallway, moveing on the said former order and his Majestie's said Attorney- GeneralFs said report, praying in regard it appeares by the said report that there is no ground for issueing the said charge of xxxili. xixs., [iiic?.], that the said Corporation may be dis- charged from the same and the arrears thereof : vvn keys to be delivered to new mayor; 437. buying and selling restricted to free- men ; ib. forms of admission as freemen ; 438. taking apprentices ; ib. concealing goods ; ib. marriage of infants ; ib. pledging goods ; ib. paying and assessing of taxes ; 440. averages of wines for the mayor, &c. ; 442. merchants and their bonds ; ib. tenants of the lands, tenements, &c. of the town not to alienate ; 444. young men or others purchasing goods in foreign countries ; ib. levy of money for the debts of the town ; 448 et seq. evasion of dehts through the mayor's safe-conducts; 458. lands and revenues of St. Nicholas College; 461. seal and old leases of St. Nicholas College ; ib. levying the subsidy ; 463, 464. safe-conducts ; 464. grants of money to the poor to cease ; 466. receipt and disbursement of the town revenues ; 466, 467, 471. regulations touching the mayors ; 466, 467. Galway Statutes, &c. — cont. obstructing the landing of wines ; 467. purchase of grain ; 470. aquavite, &c, and the price of malt ; ib. salt beef for export ; 471. disposal of town estate and revenues ; ib. abusing the mayor and officers ; 472. limitation of numbers at the General Assembly ; ib. soliciting votes for any office ; ib. standard measures ; ib. corn-sellers to be undisturbed; 473. burials to be without outcry or howl- ing ; ib. alms to poor widows of the town 474. foreign beggars and pretended scho- lars ; ib. poor men allowed to beg ; ib. idle and masterless persons ; ib. licences for sellers of beer, &c. ; ib. inclosures of the common land ; 475. reduction of town subsidies : ib. stipends of the mayor and recorder ; 476, 477. scarcity, price, and restraint of corn ; 478, 479. the mayor's journey to Dublin ; 479. public works ; 480. proposed register of accounts and deeds approved of; 484. mayor, &c. to wear their gowns ; 485. canvassing for votes at election of sheriffs, &c. ; 500, Galway province, council of ; 466. Galway county, excise duties in ; 27. Galway, Governor of ; 481, 485. Earl of ; 511. Euvigny ; 182. death of his brother ; 135. Gamble, Henry, mason, work done by ; 4, 5. Ganey, Daniel ; 56. Gardiner, John, petition of ; 28. Garfclon ; 211, 215. Garret, John ; 29 note. Garrynerry, lands in ; 93. Gay, William ; 55. Gealle, Abraham, of Wicklow; 41. Geary, John ; 503. Gelder, Stephen; 95, 96. Genoa ; 200, 342. Geoghe, Edward ; 276. Geoghegan : Adjutant, killed at Cavan ; 129. Anthony ; 341, 344, 376. letters of; 359. George, John, soldier ; 97. Gerald, Redmond ; 279. Geraldinis, Jacobus de ; 340. Gerard, John ; 214. Germany ; 346, 358, 376. Gerney, Philip de ; 215. Gernon, William, petition of ; 9. Gerrarde, William ; 220, 228. INDEX. 539 Gerry : Charles ; 519. George; 518. John; 507, 508, 511, 513. Gibbons, Oapt. James, a prisoner ; 135. Gibbs: George, trooper ; 101. John ; 510, 513, 519. Gifford, Sir Thomas, his company ; 99. Giles, John ; 29 note. Gill, John, petition of; 31. Gillasby, Thomas ; 38. Ginkel, Baron de, or General: in Ireland; 130, 381, 510. at the siege of Limerick ; 142. made commander-in-chief ; 145. at the battle of Aughrim; 147 et seq. his march to Galway ; 155. beseiges Limerick; 157 et seq. his conditions to Limerick ; 172. Gippes, Thomas, petition of; 51. Girona, blockade of ; 200. Glamorgan, Earl of: Edward ; 270, 279, 341, 343, 498. letter of; 354. Glass windows, breaking ; 318. Glassopp, Thomas, defendant ; 77. Glenawly, Lord (1668), his troop ; 73, 84, 89. Glendalach or Glendaloch ; 210. abbacy of ; 209. diocese of ; 206. see of ; 207. Prior, &c. of; 218. Bishop of, Malchus; 206, 211. William; 213, 218. Episcopate of; 209, 210. Bishops and Abbot of ; 205. St. Peter of; 209. Glinmethan; 213. Glinogra rectory ; 97. Glovers; 272. Goatly, John, petition of ; 26. Goeghe, Goghe: Nycolas ; 293-296, 298. Thomas; 278. Golafre, Walter son of Aldred ; 211. Golden Bridge ; 139. Goodwin : Edward, of Wicklow ; 41. Gyles, petition of ; 50. John, petition of ; 4. Peter, certificate of ; 35. Major Richard, petition of ; 91. Eobert, lands of ; 93. Gordon, Col. John ; 45. Gore: Sir Arthur, his company ; 78. order concerning ; 83. Gorges : Col. John, governor of Londonderry ; 61. Dr. Eobert, petition of; 13, 14. Gorham, Henry de; 215. Gorhambury ; 275. Gortnemannagh ; 96. Gosworth, Baron of, Chancellor of Ireland ; 158. Gough, Patrick ; 514, 516. Gowen alias Smith, John ; 26. Gowran, barony of ; 32. Grace : Col. John, governor of Athlone ; 138. John; 228. Col. Richard ; 54. Gvacedieu, John Sherlocke de ; 278. Grafton, Duke of (1691), his death; 146. Graige, the, Queen's county; 33. Graigenemanagh ; 214. Granard, Earl of (1691) ; 164. Grandison, Lord (1668-69), his troop; 53, 95, 97, 99. Grane, Grany : Prioress and Convent of; 206, 216. Amicia, Prioress of ; 215. Grangetown, tithes of ; 25 note. Grant: James; 274. Mathew; 277, 278. Thomas ; 273, 274. Gras, Oliver le ; 214. Graves, Charles, petition of j 99. Gray: Lieut. Henry, petition of; 87. Isaac, petition of ; 66. Thomas and Anne, petition of ; 50. Green, John, petition of ; 63. Greenewell, Robert, petition of ; 65. Gregorius ; 221. Grely, Westood, of Wicklow ; 41. Gren, John de la ; 219. Grenaghe; 303. Greneway, Henry ; 501, 502. Grey Friars; 270, 400. Grey : Leonard ; 270. Richard, petition of ; 77. Griffin, John ; 465. Griffith : Edward; 73. petitions of; 64, 67. John, Town Major of Dublin; 68. Capt. Lewis ; 90. Grimes, Edward, complaint against; 76. Grindy, Henry, petition of ; 95. Groome : John, of Galway; 27, 43. petition of ; 30. Groweyn; 239. Guildford; 209. Guilds ; 268, 272, 273. of Waterford ; 319, 320, 337 et seq. Gulafre, Alfred; 210, 211. Guyere, John; 329. M M 2 540 INDEX. H. Haberdashers ; 272. Hacker, Richard ; 78. Hackett, Hackyt : David; 223, 2G4, 265. Edmond, petition of ; 101. Hackettstown ; 135, 179. Hales, Colonel } 146. Hall, — ; 43, 44. Halloran : Cornell ; 444, 445. John; 444. William ; 447, 448 bis. Hallorans; 413. Hallsey, James ; 34. Hallsy, Captain ; 38. Halsey, James, plaintiff ; 85, 88. Hamilton : Lieut.-Gcneral, a prisoner ; 135. Major-Gen., a prisoner ; 154. Sir Charles, his troop ; 55, 89. Elizabeth; 505, 515, 516. Sir Francis, his troop ; 11, 61, 76, 99, 102, 105. Sir Hans; 53. Capt. James ; 52. Major-Gen. John, at Aughrim ; 148. William, petitions of ; 47, 64. Capt. William ; 45. Hammerton, Richard, of Clonmel ; 56, 58. Hammond : Colonel; 38. his company ; 87. Capt. Maynwaring, petition against him and his soldiers ; 40-42. arrears due to his company ; 42. his answer to charges ; 49. petition of ; 57. Hampton, Turstan de ; 211. Hamson, Thomas, petition of ; 89. Hanaway, William, plaintiff ; 85, 88. Hand, the, burning in ; 65, 67, 68, 81, 82. Handcock, William ; 510, 514, 516. Hannagb, Hugh ; 25 note. Hannay, Sir Robert, his company ; 9/. Harab, Charles, petition of ; 37. Harcourt, Walter, petition of; 61. Hardiman, James ; 382. Hardinge, Harding, John ; 489-490 passim Harnian : Mr.; 61. Edward; 81. Margaret, relict of Edward ; 101. Sir Thomas; 38. , Captain of horse ; 9, 10. William; 61. Harperstown, co. Wexford ; 161. Harraway : Ensign; 51. Henry, petition ot ; ob. Harrington: Capt. John ; 54, oo. Marcus ; 504. Mark; 508. Harrison : John, order to ; 8. sergeant ; 63. Michael, petition of ; 83. Nichola, her evidence ; 18. Harryes, Philip, petitions of; 31, 73. Hart, Thomas ; 15. Hartley, William, trooper, charge against ;. 99. Harvest, Thomas ; 501. Harvies, Thomas ; 502. Harwood : Lieut. Edward ; 98. James, trooper ; 100. Hasloe, Sarah ; 43. Haslow, Sarah ; 54. Hastings : Colonel; 146. his foot ; 139. Hatfeild, Alderman, of Dublin ; 30. Hatmakers; 272. Havard : Rice, trial of; 94. reprieve of ; ib. Hawes, William ; 94. Hawkins : Capt. Charles ; 89. William, petition of ; 60. Hayward : Henry; 503. William, of Wicklow ; 41. Head, John, sergeant ; 55. Healy: Edward; 75, 76. Margaret, petition of ; 86. William, trooper ; 96. Heath, Gilbert; 91. Hebrides; 364. Hedyan. See O'Hedian. Heirlooms ; 325. " Heliotropium seu Conciones,' book named ; 352. Heminge, William ; 502. Hemmings, William ; 504. Hemsworth, Henry and Mary, their daugh- ter ravished ; 68,81. Henderson, James, tailor ; 104. Henley, James, of Cork ; 87. Henr/lL; 205, 207, 209, 210, 221,223, 265,269. . o _ Henry III. 5 205-226 passim, 271, 2/2. Henrv IV. ; 329. Henrv VI.; 272, 293-298, 330, 331. Henrv VII. ; 269, 272, 318, 392. Henry VIII. ; 267, 270, 271, 273, 278, 291, 325, 329, 380, 389, 390, 403. revolt against ; 205. Henshaw, Thomas, of Wicklow ; 41. Herbert: Admiral; 146. Col., killed; 154. Hereford, Stephen de, and Matilda his wife ; 213. Heresy, prosecuted for ; 220. Herforth, William ; 264. 130. INDEX. 541 Hewetson, Andrew, petitions of ; 64, 90. Hey don, Thomas, his executor ; 61. Heyne, Bryan, petition of ; 80. Hibbins, James, sergeant ; 73. Hickes, Walter ; 503, 504. Hickey, Donnogh ; 56. Hides, price of; 327. Higgins, John ; 73. Highlake, co. Lancaster ; 130. Hignett, Daniel, plaintiff ; 85, 88. Hili: Colonel; 10. Arthur, deceased ; 42. Lieut.-Col. Moses ; 9, 30, 83. bis troop ; 48. petition of ; 99. Sir Moses, his father ; 42. his troop ; 94. Samuel, petitions of ; 99, 102. Thomas ; 4. William ; 505, 508. Hillton, Edward, trooper ; 100. Hinchelsea, William, of Wicklow ; 41. Hind: Jarvis ; 501, 511, 513, 519. William; 518. Hinshaw, Thomas, soldier ; 42. Hinson, Nathaniel, petition of ; 68. Hochsted; 518. Hogan, Edmund ; 340. Hogan or Hogane, Edward ; 56. Holbert, John, of Wicklow ; 41. Holinshed, Ralph ; 222, 268. Holstaple, Major-Gen., killed; 154. Homes : Lucina, wife of William, petition of ; 43. report, &c. on ; 43, 44. Thomas, his house in Dublin; 45, 46. Honorius III., Pope ; 205, 207. Hopton, James, his petition ; 3. Hore : Michael; 277. Philip, of Kilsallaghan ; 30. Capt. Walter, killed; 161. Home, Charles ; 83. Hosiers ; 272. Hoskins, William ; 505, 506. Hospitallers in Ireland ; 206, 208. Houghton : Ensign ; 61. George, petition of; 82. plaintiff ; 85, 88. Howard : Colonel, his troop ; 2. Capt. Henry, petition of ; 105. Lord Thomas, sent to France ; 154. killed; 155. Howth, Baron of, petition of; 88. Hojle, Capt. Edward ; 54. Huchinson, Daniel, petition of; 50. Hugo, Adam son of ; 214. Huish, John, petition of ; 86. Huishe, Richard, merchant ; 63. Hull ; 127. Hullon, Lieut. Francis ; 67. Hultonia. See Ult-ter. Humphrey, John ; 29 note. Hungerford : Captain ; 77. his quarters in Dublin ; 58. order concerning ; 59. his company ; 95. Hunte, Pierce ; 298, 299, 300, 308. Hunth, Alsona ; 265. Hurd, Humphry; 501. Hutchinson, Alderman, of Dublin ; 30. Hutton : Lieut. Francis ; 64. petition of; 73. Hylun, Hugo de ; 215. I. " lbernia Ignatiana ;" 340-3-15. " Iberniac, Compendium Historian Catho- * licae ;" 340. Ilger, William; 271. Illanalltenagh, bridge of ; 498. Inchiquin : Lord; 342. O'Brien, Baron of ; 346, 375. Incholhan; 238. Indies, West ; 34, 42, 94. Inglis, John, petitions of ; 34, 61. Ingoldesby, Major George ; 87. 1 Inistioc; 272. Innocent III. ; 205, 207. Innocent VIII. ; 384. Innocent X. ; 342, 346, 357. Insnak ; 235. Instyoke; 236. "Prior of; 225, 235, 242. Invernitius, Carolus Franciscus ; 270, i 279. Inylhagnt; 236. Ireland, Irish: assessment of land in ; 3. Catholics' land in : ib. adventurers' lands in ; 9. excise commissioners in; 27, 30. farmers of excise ; 49. marshal of army in ; 36, 37. Tories in ; 39. commissioners for prizes in ; 59. adventurers for lands in ; 60. Court of Claims in ; ib. ironworks in ; 65. Lord High Treasurer of; 86. churches of, collection in ; 90. James II. in, manuscript illustrating history of ; 107 et seq. Protestants of, and James II. ; 114. Vice-roy of, Tyrconnel ; 123. I Cromwell in ; ib. Catholics in, their weak state ; 123, 124. propositions for improvement of; 125. 542 INDEX. Ireland, Irish— cont. Prince of Orange's army in ; 126. James II. 's campaign in ; 127 et seq. landiDg of William III. in ; 120. departure of French troops from ; 142. the treaty of Limerick (1691) ; 172- 179. permission to carry arms in ; 178. William III. and the Catholic forces in; 180. feeling in, after James II.'s death ; 191. Lords Justices of ; 158, 171, 173, 182. manuscripts on ; 200, 203, 204. Catholics ; 343, 344, 356, 357. army of; 344, 358. oppression of ; 346, 373 et seq. — — in exile ; 342. — — address to the Pope from ; 346, 376. Colleges ; 342, 363, 364. See Rome and Salamanca. Confederation in; 269, 381, 492,494. — council of ; 344. letter from ; 356. blood, men of ; 299. rule, men of; 303, 307. marchour, 308. money ; 516, 517. tongue, in Court ; 323. men of; 257, 258 passim, 259, 403. lending boats, &c. to; 396. safeguard of ; 402. selling guns, &c. to ; 397. ordinances against associating with the, &c. ; 260. letting land to ; 382, 385. rebels ; 261. novices ; 344. galley, freighting any ; 401. judge or lawyer to plead, no ; 398. church of ; 206, 224. hospitallers in ; 206. lands in ; 214, 224, 259. common profit of the land of ; 221. tenths in ; 216. Englishmen in ; 261. English Government in ; 220. absentees from ; 221, 227, 261. ordinances relating to ; 221. Bruce in; 221. English race in ; 227. letter to the Archbishops, &c. in ; 218. Chancellors of ; 220, 228, 263. Justiciary of, Henry de Loundres ; 265. John Darcy ; 271. Facsimiles of National Manuscripts of ; 205, 266, 269, 275, 340, 351, 361, 363, 364, 382, 427, 482. Papal delegate to ; 270, 342. Justices of Pleas in ; 271. St. John of Jerusalem in ; 271. to raise a regiment for Charles 1. in ; 27y. Ireland, Irish — cont. Jesuits in ; 340, 343, 354. See Je- suits, &c. regulations of College at Sala- manca ; 368 et seq. Papal Nuncio for ; 342. Primates of ; 204, 214, 345, 363, 373, 374. Peter Lombard ; 342, 346. Oliver Plunket ; 343, 361. Maguire ; 166. agents at Rome and Madrid for ; 343. students from ; 343. expulsion of Catholic Bishops from ; 344, 363. ancient monarchs of ; 345. transfer to English kings ; 345. styled Insula Sanctorum ; 345, 367. prayers for ; 345. Bull to Catholics in ; 345, 371. Lord Deputy of, Sir Arthur Chiches- ter ; 345, 374. Leonard Grey ; 270. Oliver St. John ; 347. Viscount Falkland ; 348. Court of Wards in ; 348. Statutes of Parliaments in ; 349. persecution in ; 350. Henry Cromwell, Lord Lieutenant of ; 359. Viceroy of, John Lord Berkley ; 361. Earl of Essex ; 361. Bull carried about by Judges, &c. in; 373. Chancellor of, Thomas Jones ; 374. Archbishops and Bishops of ; 375. dispersion of the Bishops of; 376. Justiciaries of; 208, 215, 218, 260. Catholic Prelates ; 346, 375, 376. declaration by j 375. lists of; 376.' letter from ; 355. Treasurer of ; 263. Statutes relative to ; 256, 257. Ireland, Samuel ; 76. Ireton, General ; 270. at Limerick ; 167, 170. Irishtown, co. Kildare ; 77. Kilkenny, extent of ; 262-264. tenants, &c. in ; 264. Ironworks in Wexford ; 65, Irvine, Gerrard, petition of ; 78. Iveagh, Lord : governor of Drogheda ; 137. (1691) a hostage; 166. (1692) Irish Catholics under ; 180. Iverk barony ; 32. Ivica ; 200." Iwells, Edward, petition of ; 54. INDEX. 543 J. Jackson : Richard, his mare ; 105. Roger, petition of; 95. William; 502. Jacob, John ; 468. Jacques, George, trooper ; 56. Jamaica ; 85. James I. ; 277, 342, 345, 364, 381, 462, 465. his descent from the Irish ; 365. James II. ; 344, 381, 507, 508, 509. letter of ; 363. account of manuscript illustrating history of ; 107 et seq. observations on his government ; 1 13- 120. his treatmeiit of Protestants in Ire- land; 114. and the seven Bishops ; 115. compared with Queen Elizabeth ; 116, 117. and the Jesuits ; 118. his proceedings at Oxford ; ib. his assumed abdication ; 120. remarks on his daughter's conduct ; 122. his letter to Tyrconnel ; 123. his campaign in Ireland ; 126 et seq. st ate of his army in Ireland ; 131. in Dublin castle ; 136. his return to France ; ib. Tyrconnell's view of his prospects ; 140. at St. Germain's; 154, 155, 157. his favours to Tyrconnell ; 159. his attempts to return to England ; 186, 187. his last days and death; 182-190. his feelings towards William III. ; 187. his son and daughter ; 190. compared with William III.; 194 et seq. elegies on his death ; 200, 203. Janes, Mr., of Blackcastle ; 19. Jans, Richard, petition of ; 26. Jaques, Corporal George ; 78. Jarvis, John, petition of; 11. Jeffreys : Col.; 95. John ; 61, 62. — - defendant ; 85, 88. order to ; ib. Jenkyns, Moyses, lands of ; 93. Jennings, Sir John, Vice-Admiral ; 200. Jephson, Col. John, petitions of ; 2, 67. his company ; 31, 73. Jersey ; 500. Jeryponte; 234. Abbot of; 226, 242. Jesuits in Ireland ; 340, 341, 343, 344, 492. James II., and ; 118. Archives of ; 340 et seq. Colleges of ; 342. Irish College at Salamanca ; 345, 368. regulations of ; 368 et seq. General of ; 340-364 passim. conduct of ; 343. arrangements for ; 343. visitor of ; 343. in Armagh; 344. superior of the mission ; 344. as missionaries ; 344, 363. letters relative to ; 350, 351, 352,355, 356, 360, 363. Jews, the; 230. Joes, Walter ; 498. John, King ; 210, 211, 218, 265, 269, 334, 337. John XXII., Pope; 206, 219. John and Clement, the ship; 519. Jones : James, petition of ; 63. Cornet Lewis ; 35. Nicholas; 279. Sir Theophilus ; 2, 46, 47, 53, 55, 73. his troop ; 101. Thomas ; 374. Jordan, Thomas, deposition by ; 88. Jose: Henry; 401, 409-415 passim. John ; 412. Josse, William ; 392. Joyce, Joyes: Henry; 73, 488, 491. John; 508. Richard; 439. Robert; 488. Walter; 432. Jubbs, John, petition of ; 102. Jukes, Edward, plaintiff ; 85, 88. Jull, John; 502. Justices, Lords (1631) ; 273. Juuene, Worgan le ; 213. Juxon, Thomas, petition of ; 97. K. Kaghelstown, tithes of ; 25 note. Kaiser werth, siege of ; 199. Karreu, Reimund de ; 205. Kavanagh : Col. Charles, his regiment ; 139. death of; 146. his son ; ib. Mary, petition of ; 92. Kearie, Kerry, Baron and Lady of ; 273. Kearney, David ; 340, 343, 375. letters of; 346, 347,348. 544 INDEX. Keating, John, petition of ; 51, Keene, Stephen, petition of; 83. Kegan, John ; 492. Kellepscoip ; 211. Kellies; 398. Kellmaccabirn ; 211. Kelly : Dennis; 509. Edmond, petition of ; 67. Capt. Edmund, killed ; 143. James, petition of ; 74. John ; 2, 56. petitions of ; 2, 73. Robert ; 56. Thomas; 264. Kellynee; 211. Kenagh castle, co. Longford, siege of ; 128. Keneen, Donogh Oge ; 29 note. Kenlys, Kenles ; 224, 225, 227, 234. deanery of ; 234, 235. Prior, &c. of; 217, 225, 235, 242. Kenmare, Lord (1691) ; 154. Kennedy : David; 14. John ; 56. Richard, of Dublin ; 95. Sir Richard; 71. certificate of ; 72. Kennell, William, trooper ; 84. Kenny, James ; 509. Kensington ; 193. Kent, John, petition of ; 97. Kepoc, John ; 271. Kerduffe, Christopher, petition of; 101. Kerdyffe, Christopher, claim by ; 98. Kerey, Teige ; 56. Kerry; 360. Brigadier Levison sent into ; 161. Kertmel, Prior of, Roger ; 214, 215. Kerwane, Kerowan : Denes ; 423. Deonise ; 420, 422. Edmond ; 422, 423, 426, 428, 429, 431, 473. James; 469. Nicholas ; 423, 424. Thomas ; 426. See Kirvane. Kerwiche or Kervicke, James or Jhamis ; 389, 409, 419-429 passim. Keyes, John, of Wicklow; 41. Kilbecok; 235. Kilcash ; 154. Kilcolman ; 241. Kilcow, co. Meath ; 19. Kilcrath, tithes of ; 96. Kilculyn, church of ; 215. Kildare ; 154. assessment on ; 59. county; 214, 215. excise farmer in; 75. Grany in ; 206. diocese of ; ib. Earl of ; 205. Henry ; 354. (1667), his troop ; 26, 27. Kildromfertan, tithes of ; 25 note. Kilegeleene parish ; 96. Kilfan; 238. Kilfenorah : see of; 20, 21. Bishop of; 355,376. Kilfetheragh ; 239. Kilkeevan, co. Roscommon ; 30. Kilkellethin, abbey of; 227. Kilkenny; 67, 136, 208, 214, 221, 226, 233, 256, 263, 264, 267-271, 342, 355, 375, 376, 407. William III. at ; 138. English army at ; 145. Castle, documents dated at; 14,35- 40 passim. councils at ; 257, 356. statutes of ; 221, 256 et seq. chapter of; 233. deanery of ; 237. sheriff of ; 37, 260. provost, &c.of ; 223. lands in ; 32, 34, 82. extent taken at ; 263. market rights in ; 223. Cathedral; 223,266. county; 299, 309, 341. St. Canice ; 220, 237, 262. Dean of St. Canice ; 228. liberty of; 227, 260. church of the Blessed Mary ; 237. church of St. Patrick ; ib. St. John's ; 223, 237. Prior of ; 225, 242. monastery of; 226. murage of; 262, 263. Edmund, petition of; 90. Kilkirl; 234. Kilklethin, House of ; 270. Kilknedy ; ib. Kilkonery, mortgage of ; 15. Kilkylhyn, Kylkilling ; 237, 270. Abbess of; 225, 242. Killagh ; 235, 240. Killala, Bishop of; 209, 355, 376. Killaloe, Bishop of ; 376. Killaloo; 163, 166. Killamery ; 235. Killane parish, Grange in ; 96. Killcolgan ; 52. Killcornan ; 470. Killcoverin parish ; 96. Killcreest parish ; ib, Killeen Castle, Ireland ; 107. Kiileshulane ; 32. Killinaglisse, lands in ; 93. Killinkeere, tithes of ; 25 note. Killinvarra parish ; 97. Killisardan, tithes of ; 25 note. Killishin, Queen's Co. ; 28, 29. Killmainham ; 79, 91, 95. fSt. John's Chapel near ; 4. lands near ; 50. Killmogar, co. Kilkenny ; 32. Killnmrrey, in Einagh parish ; 96. Kilniaboy; 237. Kilmacduagh, Bishop of ; 376, 452. Kilmanagh; 239. Kilmaynan, Prior, &c of; 212, 226. Kilmedymoke ; 237. INDEX. 545 Kilmegen ; 234. Kilmekar ; 241. Kilmelag; 238. Kiimenhan ; 241. Kilmore : tithes of ; 25 note. Bishop of; 376. Kilpatrick, tithes of ; 25 nole. Kilros ; 214, 215. Kilrush; 214. Kilry; 235. Kilsallaghan, co. Dublin ; 30. Kiltauin; 239. Kiltorcan; 235. King, — ; 43, 44. Gabriell ; 501, 507. Johu; 478. of Wicklow; 41. Marmaduke ; 77. Martin ; 508, 509. Nicholas ; 15. Dr. Ralph, petition of his widow ; 34. Sir William ; 45, 86, 96, 97. King's County, lands in ; 34. Kingsland, Viscount (1668), petition of; 78. Kisgsmill, Dorothea, petition of ; 9. Kingston : Lord (1667), his troop ; 37, 45, 46. Baron, President of Connaught ; 70. report by ; 70, 71. Kinsale ; 47, 54, 73, 267, 309. French fleet at ; 128. James II. at ; 136. fort; 146. Kinvarra parish ; 96. Kirk, Kirke : Cornet, killed ; 135. General, Waterford taken by; 138, 139. at Limerick : 142. his relief cf Byrr Castle ; 145. Kirkham, John, petition of; 101. Kirvane, Kyrwan, Kirowan, &c. : Andrew ; 487, 488. Anthony ; 442. David; 391,414. Denis; 413, 417, 420, 422. Edmond; 390, 410 ; 419-421, 432, 473, 488-495, 500. Francis; 355, 376. James ; 423, 487, 488. John ; 492, 495, 507, 508. Jonock ; 395, 404, 405. Marcus ; 468, 490, 493, 495, 507, SOS. Martin; 419, 494, 508. Nicholas ; 423, 457, 458. Patrick; 446, 447, 456, 488, 491, 493, 494, 508. Peter; 421, 442. Richard; 402, 413-416, 462, 476, 489, 491, 493. Robert; 477, 507, 508. Stephen: 461, 462, 487. Thomas; 396, 400, 406-412 passim, 448, 453. William ; 391, 393. See Kerwane. Kirwicke, Kyrvick, James ; 419, 431, 432. Kiteler, Dame Alice ; 220. Knap, Francis ; 510, 511, 513. Knight, William, petition of; 53. Knockmoye; 403. Kylcome; 236. Kylpech, John de ; 218. | Kyrvan. See Kirvane, &c. L. Labourers, Statute of ; 227, 258. Lacy : Captain, killed ; 143. Hugh de ; 205, 210. Lady man, Leonard, butcher ; 63. Laghy, Tho. ; 56. Lagore, co. Meath ; 127. La Hogue, battle of ; 186. Lalum, Thomas, trooper ; 98. Lamarche, regiment of ; 128. Lambay; 213. Lambert, John ; 359. La Melloniere, Brigadier, summons Drog- heda ; 136, 137. Lane : Bartholomew, his executor ; 31. Sir George ; 83. Thomas trooper ; 8. petition of ; 99. William ; 56. • petition of ; 83. Langdon, Ric. ; 263. Langtuo, Thomas ; 264. Langrish, Ann, petition of; 55. Languedoc ; 200. Lanthony, Priors of ; 206. Lardner, Henry ; 519. Latorre, James De ; 279. La Tour, Monsieur : his nephew killed ; 161. governor of Limerick; 168, 171. La Trappe, convent of ; 186. Laules : Jhamis ; 390. William ; 330. Lauzun, Count de, general in Ireland 128. Lawless, Captain, killed ; 144. Lawrence : Anthony, of Clonmel ; 56, 58. Thomas ; 95, 96. petition of ; 61. Lea : George ; 277. Walter; 459. Leake or Lake : John; 520. Major John, petition of his adminis trator ; 67, 68. 546 INDEX. Leche, John ; 300. Lechlyn; 218. Ledered, Richard, Bishop of Ossory ; 219-234 passim. , verses ascribed to ; 242 et seq. Ledwich, Walter, plaintiff; 78. Lee : John ; 339. Thomas; 88. Leeos, Nicholas ; 273. Legro, Robert ; 329. Leicester, Captain Adam ; 91. Leigblin, diocese of; 206, 209, 211. See Ossory. Leighton, Ellis ; 503. Leinster; 130. King of; 205. forest in; 210. good men of ; 211. prelates of ; 205. Mount, Lord of ; 178. Leixlip ; 136. Lemon, Sir William ; 94. Lent, Sundays in ; 324. Leonard : Alexander; 272, 277. John ; 275. Martin; 279. Robert; 277. Stephen; 277. Lery, Marquis de, general in Ireland ; 128. Leslie, James, gunner, petition of ; 10. Lesone, George ; 508. Lesson, George ; 503. Lesterglyn; 236. Leus : Nicholas; 273. Thomas; 275. Levelis, Francis ; 29 note. Levison, Brigadier, sent into Kerry • 161. Ley : John; 272. petition of ; 51. Nicholas; 275. William de ; 216. Leyns, Christopher ; 443. Lickblagh, tithes of ; 25 note. Liffey, the river ; 4, 136. "Light to the Blind," its history; 107- 204. Lightburne, Stafford, petition of ; 26. Lille ; 352. Limenouse ; 10. Limerick; 98, 105, 341, 380 : complaint against troops in ; 92. siege of ; 136, 137, 156 et seq. Irish army at ; 135, 136. William III.'s march to ; 138. Tyrconnel's preparations for defence of; 154, 156. Cathedral, burial of Tyrconnel in ; 160. causes of its surrender ; 167. the Treaty of; 172-179, 204. High Street; 168. Ireton's fort ; 160. Limerick — covt. Toumond Bridge and Gate ; 160, 165, 170. St. John's Gate; 174. citizens of; 206,211. Bishop of ; 355, 376. mayor of ; 266. Earl of (1 690), his son killed ; 135. (1691), in France ; 180. agent-general ; 204. Linch. See Lynch. Lincoll, Lyncoll : Bartholomew ; 277. Gerald; 278, 279, 289, 311. James ; 275, 279. John; 272, 290, 318. Eobert ; 295, 296, 297. William; 270, 273, 277, 278, 293, 297, 298, 302, 310, 328, 330, 331. Lincoln, Bishop of ; 208. Lindly, John, of Wicklow ; 41. Linhanie, James ; 279. Lionarde, John ; 275, 276. Lisbon; 117. Lisburn, Lord (1691), Loftus ; 161. Liskerig parish ; 96. Liskilly; 210. Lislerin, impropriation of ; 96. Lismore ; 373. Bishop of; 208, 209, 215. See Waterford. Lissenton, Michael ; 50. Lisson, Lieut. Col. ; 63. Little : Colonel Francis, robbery of ; 42. Margaret, petition of; 91, 92. Patrick ; 4. Ensign William, petition of; 73. Livett : James ; 277. John ; 279. Lixnaw ; 273. Lloyd : Sergeant John, petition of his widow ; 58. Peirce, petition of; 45. Cornet Trevor ; 89. Lock : alias Dracott, Eleanor ; 78. John ; 78, 91. Nicholas, petition of ; 9. Richard, of Wicklow ; 41. Loftus : Lord ( 1 6 9 1 ) , of Lisburn, killed ; 161. Adam ; 273, 374, 478, 481. Dudley, memorandum by ; 51. Thomas, petition of ; 26. Lombard, Lumbarde : James ; 274-278 passim. John ; 263, 273, 32y. Nicholas ; 274, 275. Paul ; 274. Peter ; 342-346, 350, 374. treatise by ; 364 et seq. Robert; 278. Thomas ; 273, 326, 327. William ; 273, 292, 312, 321. Lombardy, Philip V. in ; 199. INDEX. 54? Lomoc ; 234. London : the great fire ; 11. Grocers' Hall; 9. Tower, prisoners in ; 146. church of; 207. Henry de ; 216. Thomas de ; 214. Londonderry; 21, 35, 36, 38, 63, 69. governor of; 61, 135. merchants of ; 67. Loneigan, James ; 56. Longe, Jeames ; 305. Longespee, Boisia ; 205, 215. Longeville, Sir Thomas ; 15. Longford : impropriate tithes in ; 25 note. sheriff of ; 47. assize for ; 48. gaol; 103. Longueville, Sir Thomas, petition of; 2. Loo : William III. at ; 190. Lord, Richard, petition of ; 80. Loughbrickland, co. Down ; 130. Loughmoe ; 145, 166. Loughrea ; 151. merchants of; 40, 43, 54. Louis XIV. ; 126, 270. and the surrender of Limerick ; 168. his designs on Ireland ; 170. his visits to James II. ; 184. his acknowledgment of the Prince of Wales ; 185, 188, 190. and William III. ; 197. Loundres, Henri de ; 205, 207, 265. Louth : County; 349. lands in ; 19, 79, 81. Bishop of; 205, 213. Lord (1689), his regiment; 127. O. Plunkett ; 111. (1691), a hostage ; 166. Louvain ; 345, 362. Lovelock, Thomas ; 478. Lovett, Christopher ; 102. Lowth, Henry, petition of; 89. Lowther, Capt. Richard, his company ; 43. Lowy, tithes of ; 25 note. Loyd, Oyner ; 101. Lucan, Earl of : General Sarsfield made (1690); 143, 147, 153. feat achieved by ; 166. commissioner ; 173. rejoins James II. ; 179, 180, 181 . Lucius III., Pope ; 205, 206. Lucker, Richard ; 274. Ludlam, Elizabeth, petition of; 97. Ludlowe, Edmond, order to; 61. Ludman, Ellinor, charge against ; 17, 18. Ludovisuin Seminary, Rome ; 343, 354. Lullam, Francis, of Galway ; 98. Lumbard. See Lombard. Lupton, George, soldier ; 27. Lurcan, Matthew ; 3b7, 389, 392, 403. Lusk, land at; 218. Lutterel : Brigadier Henry, at Limerick; 140,142. at Aughrim ; 148, 151. Col. Simon, agent to St. Germain ; 145, 177. in France ; 180. with the French fleet ; 181. Thomas, petition of ; 89. Lutterelstown ; 145. Lyiles, John, executor ; 98. Lymbricke; 410. See Limerick. Lynch, Linch, &c. : Alexander ; 500. Ambrose; 385, 389, 400, 408, 411,. 417,451, 508. Sir Andrew ; 96. Andrew, Androwe ; 355, 376, 384- 408 passim, 463, 466, 469, 488, 491. Antony, Anthony ; 392, 399-41 1 , 423, 424, 432, 448, 456, 457, 460, 487, 495. Antony More ; 457, 458. Arthur, Arture ; 382, 392, 399, 408, 451, 454, 495,501, 509. Charles; 421,422. Christopher ; 406, 428, 457, 458, 459, 461, 469. Dominick, Domnyck, Domynick ; 272, 385-393, 406-462 passim, 484, 491,509. Edmond ; 403, 458, 468, 411-417. Francis ; 508. Gabriel; 397. Geffrey ; 385, 386, 390, 39 1, 460, 465, 466. George ; 385, 389, 408, 417, 418, 419. 420, 479. Harry; 476. Henry; 414, 506, 507, 509. Isidor; 507. James, Jamys, Jhamis ; 384-404, 418-493 passim. James Oge ; 408, 416, 418, 436, 486. John, Jhon ; 385-460 passim, 491, 508. John Oge, Jhon Oge ; 413, 417. Johnakin, Johnickene, Jhonickiu, &c. ; 390, 410-432 passim. Johneck ; 467, 484. Johnick ; 428, 482. Johnock, Johnocke ; 405, 413, 415, 416,417, 482. Johnockyne ; 402. Joseph ; 509. Laynard ; 392. Marcus, Markus ; 404, 405, 421, 429, 431, 432, 440-511 passim. Mark ; 509, 513. Martin, Marten ; 388, 390, 397, 399, 407-419 passhn. Martin Fitz John ; 397. Martyne Fitz Christopher ; 421. Martin Galdy ; 459. Michael, Mychaell, Mychell ; 448, 457, 458, 461, 484, 489. 491, 493, 495, 500. Nicholas, Nicolas; 390, 407, 414-509 passim. 548 INDEX. Lynch, Linch, &c. — cont. Nicholas Fitz Arture ; 394. Nicholas More ; 488, 491, 493. Oliver, Olyver; 386, 391, 392, 393. Patrick ; 391, 407, 414, 415, 455, 456, 509. Pens, Pieres, Peeres, &c. ; 384-480 passim. Peter, Petter, Pyter, &c; 391, 392, 400, 417-468 passim, 488, 495,500. Richard; 393, 403, 404-406, 416, 417, 451, 468, 469, 501, 508, 509. Robert ; 391,392, 295, 489,490, 493. Robocke, Robuck, Robuge, &c. ; 385, 391-397, 413, 420-432, 488, 491, 494, 508, 509. Roland; 452. Stephen, Stevn, &c. ; 388-428 passim, 434, 454, 460, 475-499 passim, 509. Thomas; 385, 389, 402, 409, 431, 446, 447, 455, 468, 471, 472, 473, 477, 484, 488-510 passim. Ullicke ; 448, 453-462 passim. AValter; 386, 393-401,416, 434, 488, 491. Walter Reagh; 493. William; 385, 406, 456, 457, 469, 484, 489, 491, 493. William Dutf ; 385. Wyllick ; 399, 419, 452, 453. Lyndon, George ; 74. Lynne, Andrew, petition of ; 86. Lyons ; 352. Lysle, William, petition of ; 53. Lysmooaygh ; 235. Lyvett: James ; 277. John; 278. Robert de ; 218. M. McBrene, Chonchor McMoyriertigh ; 425. McBrian, Terlogh ; 26. McBrodyn, Gillebride ; 425. Macclesl'elde, N. ; 263. McConchor, Dermond McCormock ; 425. McDaniel, Owen ; 26. MacDonnell : Alexander; 356,510. Morchowe McTerriligh ; 424, 425. family of Aran, compact with mayor, &c. of Galway ; 424 et seq. MeDoyle, Donnagh, petition of ; 5. MacEgan ; 403. Boetius; 376. McEnteere, Terlogh : 26. Macgee, Capt. George ; 129. Macgilmor, John ; 1 298. McGuerke, Patrick, his horse ; 106. Ma cguilli cuddy : Col., governor of Cork ; 146. in the Tower ; ib. Macguire, Col. Constantine, killed ; 154. Mackay, Lieut.-Gencral, in Ireland; 130, 165. McKigan ; 403. Mackintosh, Sir James ; HI. MacMahon : Emer; 346,376. Eugenius; 342. MacMorchoue, Dermod ; 425. McMorchoueyne, Conchor ; 425. McMorchowe, Teige ; ib. McMnllan, Archibald, petition of ; 89. MacMurchad ; 211. MacMurragh ; ib. Eva, daughter of Dermod ; 205. McNeale, Robert ; 78, 89. McRory, Edmund, murder of ; 33. McShane : Brian ; 29 note. Teig ; ib. McTeig, William ; ib. McTerriligh, Morchowe ; 425. MacTiriligh Oge, Teig ; ib. Maculy ; 236, 240. Madan, Maddan : James; 273, 274, 275, 279. John ; 275, 321, 322, 324, 326. Nicholas ; 324, 326, 329. Richard; 276. William; 273. Fitz William, James ; 279. Madden : Col. Edmund, a prisoner ; 154. Morgan ; 76. Madokeston; 238. Madrid; 343. Magennis : Arthur; 376. Bonaventura; 341, 343. letter of ; 353. Magher, Edm. ; 56. Magheridernon barony, lands in ; 93. Magrath, John, petitions of; 61, 97. Maguire, Thomas ; 83. Mahony : Captain Daniel, at Cremona ; 192. Colonel, killed; 154. Maillardeston ; 234. Maires, Andrewe ; 452. Majorca; 200. Makes, Thomas, sergeant ; 100, 101. Malbone, Thomas, Margaret, and Ralph ; 66. Malbre, Nicholas ; 440. Malchus, Bishop ; 206. Mallaghan, Daniel ; 56. Malory alias Hughes, petition of ; 63. Malpas, John ; 278, 292. Malt, price of ; 470. Manchester, Earl of (1690) ; 130. Mancino, Chino, son of James de; 216. Mandeville, John, petition of ; 55. Manley, Col. Robert, complaint against ; 48. Mann, l diver, soldier ; 42. Mansonio, Lodovico ; 342. Mantua, blockade of; 198. Manwaring, Kalherine, petition of; 80. INDEX. 549 Marche or strong beer ; 470. Marchman, R., soldier; 42. Mareis, Mares, &c. : Andrew; 419, 446, 447, 448, 453. George ; 446, 447, 453. John; 391, 396. Richard; 385. William ; 389, 402-405. Mareschal, William. See Pembroke, Earl of. Margan and Fogge ; 29 note. Markets; 209, 210. grants of; 214. rights ; 223. clerk of the ; 282. Markighan. See Omarkighan. Marlborough ; 518. Marlebridge ; 337. Marley, Capt. Anthony, petition of; 105. Marres : Andre we ; 454. Richard; 458. Marriages, clandestine ; 349. Marsden, Samuel and Mary, suit of ; 95. Martin, Martyne, &c. : Andrewe ; 487. Dominick ; 432, 445, 453, 455, 476, 495, 499. Ellen ; 452. Frances or Francis ; 426, 427, 445, 452, 458, 467. Geffrey ; 433, 456, 477-482, 483. George ; 467, 482, 484, 495. Jasper ; 473. John ; 420, 427, 445, 446, 448-455, 491, 494, 509. Marcus ; 469, 482, 484. Nicholas ; 469, 488, 491. Olyver ; 459, 481, 488, 491, 493, 507, 508. Patrick ; 418, 462, 465, 466, 469, 470, 479, 488. Peares ; 488, 491. Peter; 388, 469, 507, 509. Capt. Pierce, petition of ; 81. Piers ; 467, 470, 482, 484. Richard ; 398, 406-413, 433, 435, 460, 461, 463, 469, 470, 488, 491, 493. Robert ; 460, 469, 470, 489, 494. Robuck ; 454. Stephen ; 491. Thomas; 388, 403, 405, 412-423, 426, 509. Walter ; 392, 442, 467. William; 398-411, 419, 421, 434, 440-453, 491, 492, 500. Corporal William ; 78. Mary, Queen of Scots ; 345, 364, 365. Maryborough ; 46, 77, 88. gaol ; 33. Maryner, Nicolas ; 330. Marys, Androw ; 421. Maryse, William ; 393. Masden, Thomas, trooper, charge against ; 99. Masiay, Capt, Anthony ; 89. Masons, hire of ; 401. Masters, John, soldier ; 42. Mathues, Anne, petition of; 78. Matilda, Empress ; 223. Matthew, Mathew : Colonel, his dragoons ; 139. George, petition of ; 76. Matthews, Mathews : John ; 501, 502. Lieut. Christopher; 98, 100. Eugene ; 345, 373. Mawman : Chri., of Wicklow ; 41. John, of Wicklow ; ib. William, of Wicklow ; ib. Maxfield, Patrick ; 25 note. Maxwell : Brigadier, at Limerick ; 142. Colonel, his dragoons ; 134. May : Abraham ; 29 note. John ; 298, 300, 330, 331, 334, 501- 507. Flower, the ship ; 3. Maylie or Maley, Charles : petition of ; 42. pardoned ; 42, 43. Mayn; 214, 215, 241. Mayne : tithes of ; 25 note. Thomas; 278. Maynwaring, Dudley, petition of his widow Rebecca ; 38. Mayo : county ; 470, 490. excise duties in ; 27. lands in ; 83. Captain, killed; 120. Meade, John ; 56. Meagh, Henry, petition of ; 73. Meara, Major Frank, killed on the Boyne ; 135. Meary, harbour of ; 479. Meath ; 443. gaol of ; 47. sheriff of; 26, 47. lands in ; 53, 54, 94, 97, 101. impropriate tithes in ; 25 note, 101. diocese of ; 377. Consistorial Court of ; 95. Bishop of (1669), petition of ; 94. 228, 271, 340-344. letters of ; 350, 359. Meeagh, Teriligh ; 425. Melfort, Earl of (1690) ; 129. Meller, Robert, petition of ; 34. Mendicant orders ; 492. Menevy in Connacht; 211. Merchandise, statute on ; 226, 227. Meredith : Edward, executor ; 61. Ensign Robert, petition of ; 55. Sir William, his troop ; 74, 100. Merode, regiment of ; 128. i Metcalfe, John, trooper, charge against; 99. Methuen, Paul ; 520. 550 INDEX. Meyler : Nicholas, petition of his widow Judith ; 49. Patrick 3 277. Mezandier, Renne, petition of; 61. Michellburne : Timothy; 14. petition of ; 44. Col., his capture of Sligo ; 164. Middleton : Captain or Andrew; 57. Sir James, his company ; 51, 56, 92. bond by ; 56, 57. Milan : entry of Philip V. into ; 199. Cathedral; 270. Miller, Robert ; 507. Milltown, co. Louth, town and lands of ; 44. Missett, alias Claxam, Mary, petition of ; 99. Mitchell, John, debt due to ; 66. Mohaud, Slanus de; 213. Molgan, John ; 301. Mollogan, William ; 387. Molyneux : Capt. Adam ; 78. petition of ; 11. Monewy; 217. Money-dealers, Florentine ; 206. Mongats, Colonel, killed ; 154. Monmouth : Duke of; 201. — — his rebellion ; 115. Earl of (1691), his regiment ; 146. Monnethan, John ; 263. Monsell, John ; 264. Montgomery, Hugh, petition of ; 26. Monybranthteile ; 32. Monyleagh, lands in ; 93. Moore : Captain, allotment to ; 27. Alexander, suit of; 67. Archibald; ib. Col. Charles, killed ; 154. alias Wheeler, Elizabeth, petition of ; 89. Garet; 508. Col. Garret, petition of ; 3. Capt. Garrett, his company ; 42. Gerald ;507. Sir James, his marriage ; 19. Lawrence, petition of ; 43, 54. Randal; 19, 99. Cornet Randal, petition of; 91. Capt. Roger, trial of ; 63, 64. Samuel; 50. Thomas ; 389. Moorehouse, Gamaliel, trooper ; 97. Moran, Cardinal ; 345. Moretain : John, Earl of; 205, 209, 210, 211, 214, 271. Morgan : Lieut-Col., killed ; 154. Andrew ; 279. Sir Anthony, petition of; 43. Charles; 513. Morgan — cont. John ; 273, 278, 299, 303, 325, 326, 331, 502-504, 513. petitions of ; 52, 66. Nicholas ; 297, 298, 328, 330. Patrick ; 276, 317. Peter; 279. Capt. Robert ; 52. William; 49. Moriz : Sir John ; 265. John; 271. Morley, Mr. ; 61. Morony, James ; 56. Morowe. Teig Etrugh Morchowe ; 425. Morris : Golden, petition of ; 99. James ; 49. John, order to ; 9. his ironworks ; 65. Morton, Captain or Capt. John, his com pany, &c. ; 51, 56, 57, 67, 73, 89, 105. Mostian, Hugh ; 342. Mothell rectory, co. Waterford ; 96. Mothill; 240. Mothinge, Katherine ; 270. Mount Alexander, Earl of (1669), his troop ; 84. Mountcashel, Viscount : (1699), his regiment ; 126, 128. his army ; 141. Mountgarret : Viscount (1649) ; 356. - — (1668), petition of; 64. petitions of his son ; 81, 82. his estate in Kilkenny ; 82. Mountrath : Earl of, his company ; 70, 102. Dowager Countess of ; 45. Moycashall barony, lands in ; 93. Moyhurry, co. Wexford ; 162. Moynalty, co. Meath ; 54. Mulhallen, Arthur, trooper ; 74. Mullagh, tithes of ; 25 note. Munckstowne alias Mountains, tithes of ; 96. Munster, President of ; 48, 75. Murage ; 262-267 passim, 303. and ancient customs levied at Water- ford ; 289. Murphi, Padre ; 360. Murry, John ; 502. Musgrave, Edward, petition of ; 84. N. Naas : co. Kildare ; 136. William, Lord of; 213, 218. Nagle, Sir Richard, Lord Justice; 158, 171, 182. Nairne, David, secretary to the Pretender ; 111. INDEX. 551 Naples, entry of Philip V. into ; 199. Nassau : Count de (1690), in Ireland ; 130. Sarbruck, Prince ; 199. Navan; 132. Neale; 490. Sir William, his troop ; 11, 50. Nectar; 221, 222, 228. the manner of making ; 256. Needham, Captain, killed ; 143. Nele: John, 270, 274. Thomas ; 299, 303, 331. Nelle, John ; 275. Nenagh, Tipperary ; 157. Nettervil, Capt. William; 129. Netterville, Lord : (1649) ; 356. (1668) ; 53. Newcomen : Lady, her defence of Kenagh Castle ; 128. Dame Catherine, petition of; 69. Robert; 78. Sir Thomas ; 69, 84, 128. Newman : Ellen; 56. Henry, petition of ; 30. New Ross ; 347. Newry; 130. capture of ; 127. fight near ; 131. Newton, Samuel ; 501. Newtown lands ; 63. Nicholas : Francis, petition of ; 59. Richard, petition of ; 9. Nicholls, Lieut. Thomas ; 89. Nicholson : John, petition of ; 38. Robert, his administrators ; 50, 71. William; 56. Nickel, Goswin ; 341, 344, 359. Nixon : one ; 105. John, petition of ; 31. Nolan, Gregory ; 509. Nolane, Charles ; 462. Nongle, John ; 319. Norfeld, William de; 216. Norreis, David le ; 213. Norse settlers ; 269. North, Stephen, of Wicklow ; 41. Norwich, Bishop of ; 226. Norwood, Charles, plaintiff ; 85, 88. Nova villa ; 214. Nugent : Brigadier, his siege of Kenagh ; 128. killed at Cavan ; 128, 129. Lieut. Col., of Dardistown ; 179. Bertram, son of Robert de ; 214. Henry, prisoner ; 58. Robert; 352. Numan, Katherine, of Dublin ; 44. Nurse, John, trooper ; 8. o. Oath, form of ; 206. Oates, Titus ; 174, 186. Obarcon, Obargoun ; 224, 225, 227. deanery of ; 235, 236. O'Birne or O'Bryn, Shane ; 74. Oblations; 296. Obrenane, Dermicius ; 264. O'Brien : clan of; 424. Captain ; 129. Col. Daniel, his regiment ; 126. Terence Albert; 346, 376. Occle, Thomas ; 218. O'Clerighs; 354. Oclery, Dermicius ; 265. Oclowan, David ; 264. Oconach; 210. O'Connol, Colonel, a prisoner ; 154. O'Connor, Connor, petition of ; 30. Odogh ; 225. deanery of; 240, 241. O'Donnell : Baldarg, account of; 155. Irish battalion under ; 180. William ; 463. O'Donogho, Richard ; 338. O'Dowan, Therrollagh ; 445, 446. Odrona; 210. O'Duffie, Philip : petition of ; 12. release of; 13. O'Dwyre, Edmund ; 355, 376. Offerlan: 241. Ofogirty, Maurice ; 264. Ofons, John ; 331. O'Fyne, Donogho; 338. Ogleby, William, petition of ; 101. O'Hanlan, Laughlen : petition of ; 106. report on ; ib. O'Hedian, John ; 264. O'Hernan, Charles Cahan Conuers ; 425. O'Heyry, Donough, pardon to ; 46. Ohwolaghan, Tadeus ; 264. Okconnauth; 218. O'Keaver, Humphrey ; 19. O'Kennedy, Philip ; 228. Okive, Owen, petition of ; 64. Okonauch; 213. Oldcourt; 263. Oliva, Padre; 341, 361, 363. Oliver : Capt. Robert ; 90, 95. petition of ; 94. St. George; 513. Omarkighan : John; 452. Walter ; ib. 552 INDEX. Omvylen, Thomas ; 455. O'Neill, O'Neale, &c. : Capt. Daniel; 129. Col. Felix, killed ; 154. Col. Gordon, at Limerick ; 140. at the battle of Aughrim ; 149. a prisoner; 154. . goes abroad; 179, 180. Sir Henry, his lands ; 90. Henry Mac John, Brigadier, killed ; 154. Henry More, petition of ; 71. certificates concerning; 72, 73. Sir Neill, at the Boyne ; 133, 134. death of ; 135. Owen; 357. Phelim; 356. O'Queely, Malachy ; 346. Orange : Prince of, in England : 120 et seq. in Ireland ; 1 26 et seq. Princess of, Mary, remarks on her conduci; 122. Tree, the ship ; 26. Ordnance, the, petition concerning; 31, 32. O'Regan, Sir Thady : Governor of Charlemont ; 129. Governor of Sligo ; 164. O'Reilly, Hugh ; 375. Orford, Lord ; 520. Orleans, Duke of, his visits to James II. ; 184. Ormonde : the frigate ; 8. Lower, barony of ; ib. Marquis of, report on his manuscripts ; 1-106. Duke of (1666-1669), petitions ad- dressed to ; 1-106. documents, signed by ; ib. (1699), his company ; 100, 101. (1690), in Ireland ; 130. sent to Dublin ; 137. his return to England ; 144. — — (1702) ; 517. Earl of; 228, 356. Thomas; 352. James le Botiller ; 226, 260. Ormsby : Edward; 503. George; 508. Gilbert; 513. John ; ib. Joseph ; 507. Richard; 501, 503. Robert; 510, 511, 512, 513, 517, 518. William; 514. Orrery, Earl of, (1666), Roger; 15. Osborne, Mr., Clerk ; 91. O'Shaghnes, Roger; 464. Ossory; 217, 221. cathedral of; 225. church of ; 264. clergy of; 220. See of; 221, 226. Ossory — cojit, Archives of; 219 et seq. diocese of ; 206. Synods of; 221, 223,228 et seq. procurations in ; 225. taxation of; 219, 221, 224, 225, 227, 234 et seq. Red Book of; 219, 220, 222, 234. Register of; 220. Bishop of; 219, 223, 227, 340, 343, 355. letter of; 351, 352. revenues of; 223, 242, 263. rights of ; 262. Richard de Lederede ; 219, 221, 223, 227, 230, 232, 233, 234. verses of ; 242 et seq. Oliver Cantwell ; 227, 264. David Hackett ; 223, 264. Thomas Barry ; 228, 264, 265. John O'Hedian ; 264. John, 223. Thomas Snell ; 227, 228. Thomas Otway ; 228. William ; 233. Dean, 8cc. of; 223, 261. deanery of ; 262. Alexander Balscot, rector of ; 262. Earl of, Thomas, petitions addressed to ; 1-106 passim. (1666) petition of ; 15. (1666-69), his troop ; 15, 28, 35, 38, 39, 45, 51, 54, 64, 80, 86. Upper, barony of, proprietors in ; 29 note. Ostmen; 269. Otho, Cardinal; 205, 215, 218. Othothel, Muriarthauch ; 215. Othothil, Agatha, daughter of Meyler ; 214. O'Tool, Brian, Marshal Schomberg shot by; 134. O'Toole, Laurence ; 205, 206. Otothel, Murkirtah ; 211. O'Trehie, O'Trehy, Manus ; 441. Ottaway, Otway, Thomas ; 228. Ouerk ; 224, 225. deanery of ; 236, 237. Overkirk : Mons. d', in Ireland; 130, 133. . sent to Dublin ; 137. Ovolloghan, Donill Oge ; 390. Owens, Thomas ; 347. Oweyn, Roger; 216. Owles, James, of Wicklow ; 41. Owney, Thadey ; 26. Owny, lands in ; 32. Oxford; 262, 279. colleges, James II. & ; 118, 119. Earl of (16S0) ; 130. Oxmantowne Green ; 79, 80. INDEX. 553 P. Packington, Lieut., William, executor ; 9. Padua; 342. Page, Thomas, secretary to Ormonde ; 54. Paine : James, petition of his widow Ka- therine ; 92. Jo., surveyor, petition of ; 1 . Capt. John, certificate hy ; 87. Palladius; 345. Pallice; 486. Palmerstowu : petition from ; 79, 80. tithes of ; 96. Paperon, Cardinal ; 207. Paris; 341, 352, 358. English Benedictines church ; 189. Parke, Lieut. Jo., farmer of excise ; 48. Parker : Colonel, his regiment ; 134. Col. John, his dragoons ; 148. Parry: David, petition of ; 26. Edward; 278. Dr. John ; 96, 97, 104. Partridge, John, of Maryborough ; 46. Passage, in co. Waterford ; 285, 330,339. Paul V. Pope ; 345, 374. Paul, Thomas ; 29 note. Paulet, Charles; 511. Peale, John, soldier ; 27. Pecke, Damian ; 462, 46+, 466, 468. Peec, Richard del; 210. Pek, Richard del ; 218. Pemberton, Roger, petition of ; 67, 68. Pembroke : Earl of, William Mareschal ; 205, 211, 213, 215, 218. (1691); 146. Pencris ; 214. church of; 207. Pennyfather, Mathew, quarter-master ; 97. Peppard, Richard, of Wicklow ; 41. Pergiter, John, petition of; 61. Perrie, Jonaihan; 507, 508. Perth, Duke of (1701), and James II.; 185. Peters, John ; 501, 502, 503, 504. Petre, Father; 119. Pettie, John, certificates by ; 29 note, 30, 93. Peyton, Thomas ; 478. Philip and Mary ; 274 passim, 386. PLilip IY. ; 279. Phillips, Phillipps : George; 61, 62, 85. petition of ; 74. Richard ; 11. muster master ; 95. Phillipstown, assizes at ; 55. u 84068. Philpott : Nathaniel ; 77. petition of ; 103. Pickel, Arthur; 49. Pigott, Captain, his company ; 78. Pilltown, co. Waterford ; 146. Pimlico; 91. Pipoulder or Piepoudre Court ; 287, 335. Pirates; 503. Pitt, Walter, petition of; 3. Platifoot, Alexander, trooper ; 66. Plattin, lands of; 101. Playsteed, Robert ; 502. Plot, the Gunpowder ; 204. Plowden, Francis, Lord Justice ; 158, 171, 182, 509. Plummer, Richard ; 508, 513. Plunket, Plunkett : family, account of ; 111. Lord ; 208. his manuscript history called " Light to the Blind ;" 107 et seq. Capt. Christ. ; 111. his capture of Newry ; 127. Margaret; 111. Nicholas; 111,361. Sir Nicholas, petition of ; 3. certificate of; 75. Oliver; 111, 341, 343, 344. Abp., letters of; 360, 361, 362. Patrick; 361. Brigadier Patrick ; 111. project of; 166. goes abroad; 180. Capt. Richard, killed at the Boyne ;, 135. Thomas, petition of ; 47. Walter; 111. William; 361. Poer : John; 320. My lion; 292, 293. Poitiers; 360. Pollexfen : Ensign; 73. Ensign James ; 80. Polnestoly ; 236. Ponsonby : Sir John ; 26. petition of ; 84. Poole : Periam, petition of ; 60. Thomas; 504, 508, 511, 513. Poore, Thomas ; 56. Pope, the, payments to, 216. Pope : John ; 293, 502. Patricque; 321. Porrachelyn; 213. Porter : Sir Charles, Lord Justice ; 144, 173, 181. Mathew; 278. Thomas; 313. Portland : Earl of (1690), in Ireland ; 130, 133. (1691), his regiment ; 148. N N 554 INDEX. Portrane; 213. Portrathryn ; 218. Poitugal ; 267, 313. Portumna; 153. taking of; 154. Potter : John, petition of ; 6. William ; 35, 78, 90. petition of ; 103. Poure, Walter ; 46. Povey : John, Judge ; 33, 35. certificates of, 33, 106. report by, 44. Powell, William, corporal ; 35, 36. Power : Lord; 82. agent general ; 204. (1669), Richard, petition of; 98. Arnold, petition of, 95. Christopher, petitions of ; 40, 48. Milo, petition concerning ; 3. Col. Milo ; 39. certificate of ; 75. Peter; 279. Richard, petition of ; 52. Poyntz, Sir Toby ; 53. Pralin, Marquis de, at Cremona; 192. Pratt, Thomas, of Wicklow ; 41. Preachers, Friars ; 208. Precedence, order of ; 493. Prelates, Roman Catholic ; 341, 342. Preudergast, Col. Edmund, his cavalry; 147. Prerogative Court ; 374. Presbyterian party ; 344, 357, 377. Preston : John, alderman of Dublin; 51. petition of ; 94. Price : Lieut. Edward, petition of ; 97. John; 513. Prinne, John, petition of ; 63. Priolo, Dame Frances Angelica; 186. Prior, Thomas; 29 note, 501. Prisage; 292. Prist, John ; 56. Prittie, Peregrine ; 74. Proctor, Rebecca, petition of ; 73. Prode, Henry; 213. Propaganda, Collegium de ; 362. Prous, John; 227. Pryke, John ; 263. Pullein: Samuel,Abp.of Tuam,charges against ; 20-25. William and Frances, 21-23. Puller, Thomas, petition of; 36. Purcell : Major, killed; 154, 165. Colonel, of Loughmoe ; 166. Col. Nicholas, agent to St. Germain ; 145, his dragoons; 148. commissioner ; 173. Ran; 263. Thomas, petition of ; 54. Purefoy, Arthur, petition of ; 26. Pursell, Edward ; 56. Pyne, Lieut. Henry; 86 Pynel, Robert; 213. Pyper, Colonel, a hostage ; 166. Q. Quayage ; 325. Queen's County, assizes for ; 33. Quemerforde : Edward; 276. Foucque ; 298, 314, 315, 321, 330, 331. George ; 276, 324, 326. John; 276. Fitz Philip, Nicholas ; 275, 276. Patrick; 275,333. Philip; 274, 275. Quine, Turlagh, petition of ; 5. Quircke, John ; 457. Quit-Rents, Clerk of the; 515,517. E. Radcliffe, George ; 489. Radford, Stephen, death of; 67, 68. Ragulby; 234. Ragyde : Robert; 263. Simon ; ib. Raine, Jeff rey ; 56. Ramsey, Christopher; 39, 40. Ranelagh, Viscount (1668), Arthur, peti- tion of ; 49. Rapharnum, Rathfarnam ; 161, Rathbeath; 240. Rathcoole, Rathcul, &c. ; 136, 213, 238. Rathcraig; 211. Rathdowny; 241. Rathelly; 32. Rathfernan; 216. Rathgarrow, tithes of, 25 note. Rathgraffaly, tithes of ; 25 note. Rathill; 240. Rathlohan ; 240. Rathmore ; 213, 218. tithes of; 96. Rathmullan, co. Meath ; 132. Rathpatrick, tithes of; 25 note. Ratoath, barony of ; 77. Raven, Constantino ; 80, 103. Rawdon, Sir George, his troop ; 102. Rawleigh, Walter, plaintiff ; 85, 88. , Rawson. Capt. Gilbert; 50,71. INDEX. 555 Rawsone, Luke ; 469. Rayner, Robert, petition of ; 51. Read : Henry, corporal ; 87. James ; 29 note. William; 50. Reading : Anne; 83. Robert; 48, 102. grant to ; 12. — bond by ; 45. Rebels, killing of ; 503. Red Book of the diocese of Ossory ; 219, 220-222, 228, 238. Red Register Book of Waterford ; 267. Redman, Col. Daniel, his troop ; 31, 64, 95, 101. Regrating corn ; 317. Religion, men and women of, to be sued ; 304. Rely, Hugh, petition of; 9. Rennells, Mary, petition of; 91. Revell, Count de, governor of Cremona ; 192. Revenue, Commissioners of ; 514. Revett : John; 513. Richard ; 519. Thomas; 503, 504, 507, 508, 510, 513. Rhine, the, war on ; 198. Rice : James or Jeames ; 272, 289, 290, 299, 304-326 passim. Pierce; 294. Stephen ; 344, 360, 361, 362. Richard II.; 266, 269, 272, 292, 293, 380. Richard III. ; 317, 380. Richardson : George, petition of ; 100. Gilbert, petition of his widow Mar- garet ; 42. Ricini, Abbe, envoy of Modena; 188. Ricio, Padre ; 363. Rigby, Mr. ; 117. Riky, Company of; 216. Rinuccini, Joannes Baptista, the nuncio ; 342, 344, 346, 355, 375. Rippon, Erasmus, petition of ; 80. Rivett, Richard ; 518. Rivius, Doctor. See Ryves. Robart, John ; 292. Roberts : Owen, petition of ; 97. Richard, petition of ; 9. his horse ; 30. Sarah, petition of ; 50. William, killed; 81, 82. Robinson, William, certificate by; 4, 5. Robinstowne, lands in ; 93. Rochelstowne ; 32. Rochester, James II. at ; 120, 121. Rochfort, Rotchfort, Robert; 513, 515, 516. Rock, Samuel ; 49. Rockell, James; 330. Rodders ; 311. Roe, Richard : killed ; 2. charges against ; 29. Roeche, Readmonde ; 305. Roesse. See Ross. Rogers : Francis, petition of ; 86. John, suit against ; 51. petition of ; 73. pseudonym of Plunket ; 111. Thomas, soldier ; 42. Rokeby, William ; 223. Rolleston, Lieut. Francis, petition of; 102. Rome ; 342-384 passim. Court at ; 221. Irish College; 344. College of English Jesuits ; 347. Ludovisian seminary ; 343. Rony. James ; 56. Rooney, Patrick, petition of ; 5. Rooth : Edward, of Kilkenny ; 67. Peter, his lands ; 32. Rope : Patrick; 310, 312, 323. William; 297. Roper : Col. Christopher, his assignee ; 13, 14. Richard, petition of ; 4. Roscommon : excise duties in ; 27. lauds in ; 52. Lord, his troop ; 49, 89, 94. Rosconyl; 241. Roscrea; 8. Rosen, General de ; 128. Ross ; 267, 272, 309, 330. sale of fish at ; 275. Bishop of; 342, 346, 376. Rosse : Capt. William, petition of ; 10. his company ; 97. Rossenan ; 235. Rossnaree, on the Boyne, ford of; 133, 134. Rothe : David ; 340, 343, 355. letter of; 351, 352. Rotheram, Sir Thomas ; 464, 466. Rotherhame, Rotharham, Thomas ; 476, 480, 488, 491, 493. Roure, the ; 325. Row, Richard ; 15. Rowland : Arthur, trooper ; 53. petition of; 75, 76. Rowlandson, Joshua, petitions of; 21, 53. Rowyr, church of ; 226, 228, 236. Royden, Major, complaint against his troopers ; 99. Ruffus, Nicholas ; 219. Rumney, Elizabeth ; 68. Russell : Nicholas ; 214. Theodore ; 504-507, 513. Ruth, Brigadier ; 180. N N 2 556 INDEX. Ruthorne, Joseph ; 51. Rnvigny : Marquis de ; 182. Henri de Massue de ; 511. Ruyl, John ; 293. Ryan, James ; 509. Rys, Philip son of ; 211. Ryswick, peace of; 190, 191. Rykyll, John; 292, 293. Ryves, Thomas ; 374. Sacrifice of Abraham, the ship ; 38. Saddlers; 272. Sadler, Colonel; 31. St. Augustin ; 492. St. Augustin's Abbey ; 492. St. Blasius ; 320. St. Canice, church of; 220, 229, 230, 232. St. Celsus; 345, 367. St. Clara, Abbess of ; 498. St. Cloud, palace of ; 1 84. St. Feighan, tithes of; 25 note. St. Francis Abbey; 388, 492, 494. St. George : Arthur; 507. and Henry, petition of ; 89. George; 513. Sir George ; 14, 15, 28. his troop ; 36, 64, Oliver ; 503, 507. Sir Oliver; 49, 50, 51. his troop; 73, 76, 90, 101. petitions of; 98, 100. Richard; 512. St. Germain-en-Laie ; 341, 364. James II. at; 136, 154, 182 et seq., 204. James III. proclaimed at ; 190. agents sent to ; 145. St. James's chapel, Waterford ; 276. St. John : of Jerusalem ; 271, 304, 314. Prior of; 215. Oliver ; 347, 463, 464. St. Katherine's, Prior of; 314. St. Leger, Col. Heyward, his company; 54, 73, 78, 94. Saint Loe, William ; 271. St. Malachy ; 345, 367. St. Malo ; 340. St. Martin : church of: 238. Richard de ; 215, 216. St. Marv's Abbey, Dublin ; 314. Saint Michel, David, de, and Agatha his wife ; 213. St. Mullins ; 272. St. Nicholas : church of, Dublin ; 218. Galway; 511, 513. Colhge, Galway j 381, 382, 410. St. Otheran ; 324. St. Patrick's, Canon of, Ralph ; 207. St. Paul, John de ; 223. St. Ruth : General or Marquis of, at the battle of Aughrim ; 147 et seq. death of; 150. St. Saviour's chapel, Waterford ; 276. Salamanca : Irish College at ; 342, 345. — regulations of ; 368 et seq. Salisbury; 123. James II. at ; 201. Earl of ; 345. Salt, sale of; 296. Salter, William, petition of ; 50. Saltu Salmonis, de ; 218. Sampson, Anthony, of Wicklow ; 41. Sancino, Cyno son of James de ; 216. Sanders : Dr., his Life of Queen Elizabeth ; 117, Father, with James II. ; 182, 183. Stephen, trooper ; 100. Saudford : Fulco de ; 205, 207. Robert, petition of ; 1. Capt. Theophilus ; 30. Sandon, Thomas and Mary ; 80. Sandys, Col. Robert, petition of ; 69. Santry : Lord, Chief Justice of Ireland, (1666) ; 2, 16, 64. report by ; 42. Saracens ; 230. Sarlock, Geo. ; 56. Sarsfield : Colonel, in Ireland; 131, 134. General, at Limerick ; 140, 142. his exploit at Ballinedy ; 142. — — made Earl of Lucan ; 143. his siege of Byrr castle ; 145. at Aughrim ; 147. Dominic ; 349. Sauage, Hugh ; 263. Savinion, Peter ; 9. Savoy : Eugene of; 518. Duke of (1713) ; 199. Sawters, Myllon ; 297. Scarampi, Scairampus, Pietro Francesco ; 270, 279. Scarborough, Earl of (1690) ; 130. Scattery, French fleet at; 181. Schardelowe, Robert de ; 217. Schomberg : Count and Marshal, in Ireland ; 126 et seq., 146. Clonmel taken by ; 138. his horse ; 139. his son ; 133. death and burial of ; 134, 135. Scobach; 211. Scotland; 344, 357, 364. Scots : war of the; 225, 234. manors wasted by ; 233. Mary Queen of; 345, 364, 365. INDEX. 557 Scravenmore, Major-Gen., in Ireland ; 130, 146, 165. Sebaste ; 320. Seele, Dr. Thomas ; 96, 97, 104. Segrave, Patrick, petition of; 61. Semper : James; 468, 469. Thomas; 502. Seneca, extracts from ; 221. Seriant, Philip ; 303. Serman, Hen.; 263. Sernesf eld, Walter de ; 211. Sethbj, Roger, of Wicklow ; 41. Settlement, Act of; 512, 515, 516. Seville; 347. Shadwell, John ; 502, 503. Shaguashy, Edmond ; 498. Shalwey, John ; 314, 322. Shane or Shaen : Sir James; 16. petitions of; 12, 61. Shannon : the, bridging of ; 162. Viscount (1667), petition of ; 46. (1668), his troop; 51, 61, 66, 77, 80, 84. Sharland, Capt., of the Mary ; 10. Shaw : Captain ; 75. Fielding; 512. John ; 56. Robert ; 505-518 passim. Shea, Robert, his lands ; 32. Sheethe, Thomas ; 316. Sheldon, Major-General : at Limerick ; 142. at Aughrim ; 148, 151, 166. goes abroad ; 180. his cavalry ; 163. Shenton, Alexander, trooper ; 78. Shepheard : John, petition of ; 69. and Frances, petition of; 66. Sheppard, John ; 78. Shereman ; 318. Sheridan, William ; 25 note. Sherlock, Sherloke : Bartholomew ; 279. Christopher; 278. Edmund; 270. Edward; 273. George; 273, 276, 277, 326. James ; 273-279, 308, 312, 322, 324, 327. Fitz James, James ; 279. Fitz John, James; 275, 276, 279. Fitz Thomas, James ; 275. John; 272-274, 278,298. Patrick; 273. Paul; 276-279. Peter; 275. Thomas ; 273, 274. Sir Thomas; 278. Walter; 276, 277. Shermen ; 273. Sherwood Park ; 35, 66. Shethe, Thomas; 321, 322. Shirley, James ; 75. Shoemakers ; 272, 320. Corporation of, in Dublin ; 28, 29. Short : Christopher, trooper ; 64. John ; 29 note. soldier ; 77. Shortall : Leonard, Robert, and Thomas, their lands; 32. Robert and Pierce, petition of ; 37. Shorthaleston ; 235. Sibyl, verses on ; 221. Sicklemore, John, of Wicklow ; 41. Sidney : Lord (1690) ; 130. Lord Justice ; 144. Siller; 225. deanery of ; 238, 239. Simcockes, Symcock, Samuel ; 511, 512, 513. Thomas ; 505, 506, 508, 510, 513. William; 329. Simnel, Lambert ; 269. Simpson, Francis ; 73. petition of ; 31. Skerrett : Domnicke ; 492. Edmond ; 493, 509. George; 406. Jamys ; 395, 404-413. John ; 385, 431, 453, 460, 461. Nicholas ; 441. Richard ; 456. Robert ; 431. Ronalde ; 455. Rowland; 421,450, 453,456, 457,458. Thomas ; 441, 458. Walter; 404, 411. William ; 388, 407, 409, 415-419, 452. Skiddy, John ; 272, 278. Slane : Baron of, petition of; 81. a prisoner ; 179. Lord of, a prisoner; 154. Bridge of; 132, 133. Slefardach; 213. Sleuardach; 213, 214. Slewmargy barony, Queen's Co. ; 28, 29. Slieveardagh ; 213. Sligo; 157. lands in ; 52. Sheriff of ; 76. capture of ; 164. fort, building of ; 76. Sloughteteggerd ; 413. Sly, Stephen, petitions of ; 89, 103. Smallwood, James; 81. Smith : Captain, killed; 144. Erasmus, petition of ; 44. Galf; 263. alias Gowen, John ; 26. Michael, petition of ; 35, 66. Richard, of Wicklow; 41. Capt. Richard; 36. petition of ; 55. Roger; 85. Thomas; 31. 558 INDEX. Snell, Thomas; 227, 228. Sollom, David, petition of ; GG. Solmes, Count de, in Ireland; 130,144, 145. Somerset, Lord John; 270, 279, 343, 35J. Sorbonne, doctrines of ; 342. Sorcery, prosecution for ; 220. Spain ; 267, 270, 346, 376, 377, 408, 426, 428. Court of; 343, 347. Ambassador from ; 343. Legate of ; 350. Queen Anne's operations against; 197 et seq. Speed, William ; 502. Spencer : John ; 502, 503. Col. John, petition of ; 43. Spennse, Walter ; 292. Spike, William, petition of; 1. Spitill housse ; 396. Spotten, John ; 34. Sprigge, William; 503-507, 513. Sprot, Adam ; 263. Squire, George, petition of ; 67. Stachfythenan ; 215. Stachgunnild, market at; 210. Stafen; 239. Staffarde, Maurice ; 264. Stafford, Dean Alexius, killed at Aughrim ; 154. Stagcloch; 212. Stagunnynge ; 210. Stamacarthy ; 234. Stampe, Timothy, charge against ; 65. answer of ; 66. Standish, — , of Dublin ; 1 3. Stanihurst, Richard ; 222, 268. Stanley : James, of Wicklow ; 41. Cornet Michael ; 42. Stanton : George; 508. John"; 513, 518. Thomas; 505,507,509, 512, 513, 517. Staple, the : court of the King; 296. admission to ; 306. constables of; 282, 332,493, 502, 513. Marshal of ; 284. Mayor of; 493, 501, 502, 507, 513. Stapleton, Col., deputy-governor of Lime- rick ; 165. Staremberg, Count, his blockade of Gi- rona; 200. Staunton : George; 519. John ; 518, 519. Stearne, John ; 224. Steele, Richard, plaintiff; 85, 88. Stephen, Sir John, his company ; 73. Stephens : John, petition of ; 69. Sir John ; 5, 6, 8. Major ; 83. ► certificate by; 87. Sterling : Lady; 91. Andrew, petition of ; 84. charge against ; 101. Hugh, petition of ; 98. Jane, widow of Sir Robert, petition of; 19. Sterne, Robert, lands of ; 93. Stewart : Lieut.-Col. George, his relict ; 89. Lieut.-Coh George ; 78. Stocard, Roger; 215. Stock dell, John, soldier; 42. Stockes, John, soldier; 42. Stockton : Capt. John : 14. Thomas, judge, certificates of ; 19, 64, 65, 68. report by ; 42. Stonyhurst College ; 340. Stotesbury, Lieut. Henry, petition of ; 39. Stoughton : Ensign ; 50. George, petition of ; 45. Ensign John ; 34. Stowell, Anthony, petition of; 73. Strabo, lands called ; 211. Straffan, tithes of ; 77. Strafford, Earl of (1669), petitions of; 91, 94. Strange : Nicholas ; 278. Paul; 276. Richard ; 272, 275, 276, 278. Robert; 277. Solomon ; ib. Thomas ; ib. Stritch, Captain, lulled at Cavan ; 129. Strong, Stronge : Nicholas; 329. Peter; 274. Pierce; 295. Richard; 308, 310, 312, 317. Robert; 270, 273. Strongbow; 205. Stuart, Brigadier, at Limerick ; 143. Stubbard, Peeter ; 501. Stubber, Edward; 507, 513. petition of ; 73. Suilemore, John, portreeve of Wicklow ; 49. Sumers, William ; 86. Supple, Lieut. William ; 31, 73, 82. Supremacy, oath of ; 43, 381, 462, 463, 481. Surr, William, of Wicklow ; 41. Surrey; 209. Sutherland, Colonel, his regiment ; 134. Swaile, Mary, petition of ; 69. Swan, Robert, petition of ; 69. S wanly, Richard ; 492. Swanton, James, petition of ; 75. Sweeting, George, petition of ; 73. Swinhoe, Capt. Gilbert, his troop ; 68, 75, 76, 86. Swords, Swerdis ; 214, 217, 218. vicar of the church ; 216. fairs at ; 209. Sydenham, Col. Humphrey, his company ; 67. INDEX. 559 Synicius, letter of; 216. Synot, Walter ; 304. Syrlok, Walter ; 228. T. Taaffe, Couut, succeeds his brother ; 135. Tachnehy or Taney ; 218. Tailleburgh, John, and Margaret his wife ; 214. Taillour, Thomas ; 263. Tailors ; 272, 337, 338. Talbot: Lady Charlotte ; 158. William ; ib. Col. James, killed ; 154. Monsignore ; 361, 362. Peter; 341, 343, 344, 361. letters of ; 356, 358, 363. Sir Robert, petition of ; 3. certificate of ; 75. Tallaght. See Tauelacht. Tallard, Marshal ; 518. Talmash, Major-Gen., in Ireland ; 130, 165. Tampleogue; 154. Tanner, James, petition of; 6, 7. Tany, William ; 263. Tascohyn; 238. Tauelacht; 213, 214, 216. Taxation : of Bishopric of Ossory ; 224, 225, 227, 234. of deaneries ; 228. Taylor : George ; 95. Capt. Randolph, petition of ; 55. Capt. Robert, petition of ; 61. debt of; 63. Corporal Robert ; 68. Thomas, petition of ; 10. allotment to ; 11. certificate by ; 29 note, 30, 93. William, petition of ; I. Teadmore rectory ; 97. Teddar, Mr., chirurgeon ; 16. Teige, Clan ; 424, 425, 426. Teigh, Alderman, of Dublin ; 30. Telltowne; 47. Templars ; 208, 216. Temple. Sir John ; 50. Tennant, Robert, petition of ; 80. Tente wine ; 428. Tenths in Ireland ; 216. Tesellers; 218. Tesse, Lieut.-Gen. de ; 147, 171. Tewkesbury, Priors of; 206. Thacnehy; 211. Theoricus ; 222. Thewer, Henry, petition of ; 56. Tholsel. See Tolsell. Thomas : Richard ; 508, 513. Cornet Rowland ; 42. Thomastown ; 227, 235, 272. Thomlinson, Richard, trooper ; 100. Thomond, Earl of : petitions of (1668) ; 78, 96. order on his petition ; 83. Donatus O'Brien ; 464. Thompson : Honora, lands of ; 93. Richard ; 514, 515, 517. Samuel, petition of ; 3. Thorpe, John, petition of ; 78. Tichborne : Sir Henry ; 5, 6. marshal of the army in Ireland ; 36, 37. his troop ; 101. Sir William, petitions of; 36, 38. his troop ; 58. Tiffin, Colonel : in Byrr castle ; 145. a hostage ; 166. Tilach; 213. Tillson : Thomas, agent for forfeited bonds ; 67, 68. order to ; 67. Tilly, Prince Serclas ; 200. Timolin, co. Kildara, tithes of; 96, 104. Tintern, Abbot of; 207, 314. Tipperary; 207, 213, 268, 308. excise farmers of ; 6, 7. lands in ; 9, 42. assizes for ; 55. English army at ; 145. Tippin, Gawen, robbery of; 72. Tipping, Elizabeth ; 77. Tir meicc i, lands called ; 211. Tirconnell, Earl of : (1636), O'Donnell; 343, Rory O'Donnell ; 354. Albert Hugh O'Donnell, letter of ; 354. See Tyrconnell. Tirrell, Edward ; 270, 279. Tithes; 403. Tobyn, James ; 74. Todderick, Edmund ; 95. deposition by ; 96. Tolsell, Galway; 385, 434, 435, 437, 452, 457, 459, et seq. Tompson, Robert, petitions of; 74. Tomson, Luke, petition of; 71. Tories : Irish ; 39, 55, 88. killing of; 503. Torre, Diego de la ; 270. Torrington, Earl of (1691) ; 146. Tough at} r e parish ; 97. Toule, Patrick, of Pimlico ; 91. Tourney, Emor ; 16. Tourville, Admiral ; 170. Toxteth, William, petition of ; 78. Trahern, Major, killed ; 129. Transplantation of Irish ; 346, 377, 378. Treaty of Limerick ; 172-179. 560 INDEX. Tredynston ; 238. Tregeon, Sir Francis ; 117. Trehy. See O'Trehie. Trelawne} r , Brigadier : his foot; 139. his regiment; 146. Trench, R. C, Archbishop ; 206. Treswell, Sir Daniel ; 66, 83. his Battleaxes; 30, 31, 102-104. Trevennor, Thomas ; 294. Trevor, Edward, trooper ; 80, 103. Trim : church of; 210. gaol ; 26. assizes ; 26, 46. prisoners at ; 36. vicar of ; 95. Trimleston, Lord (1691), a hostage ; 16S. TristiLdermod ; 213,218. Tromra; 424. Trowmor castle ; 425. Trussell, villa ; 213-215. Tuam : See of; 20,21, 515, 516. Archbishop of; 343, 346, 355> 375, 376, 387, 463, 507, 512, 515, 516. • (1667), his case with Henry Bankes ; 20-25. Tuckers, guild of ; 273. Tuedy, Patrick, trooper ; 50. Tuft : Richard del ; 209. Walter, petition of; 92, 93. William, petition of ; 34. Tuke, Francis, petition of ; 74. Tuksbury, William, senior and junior ; 84. Tullabane Temple ; 96. Tulley, Conly and Marcus ; 494. Turlaghe; 470. Turvie ; 216. Tute, Brigadier, a prisoner ; 154. Tuthill, John, petitions of ; 7, 9, 34. Tweedy, Patrick, petition of ; 77. Twitty, Charles De, petition of; 76. Tybritbrytayne ; 239. Tylabrog; 238. Tylagh; 237. Tylabany ; 239. Typerkevin; 213. Tyrconnell : Earl or Duke of, James II.'s letter to; 123. at the battle of the Boyne ; 133- 135. James II.'s anthority to ; 136. at Limerick ; 139. his reasons for wishing peace ; 140. at Galway ; 142. at Galway and Limerick ; 145. desire for peace ; 147. * his counsels disregarded ; ib. his proceedings after the battle of Aughrim; 154, 156 et seq. death of ; 158. his character; 158, 159. O'Donnel, Earl of, account of ; 155. Tyrconnell — cont. Albert O'Donnell, Earl of; 341. See Tirconnell. Tyrell : Hugh ; 205, 213. Hugo; 218. Richard ; 210, 218. Tyrone : gaol of ; 47. county, lands in ; 68. Earl of (1691), in the Tower ; 146. (1691), a prisoner ; 179. Hugh O'Neill ; 345, 374. Tyther, Thomas, petition of; 63. u. Ulstadius; 222. Ulster; 345. hearth money ; 74. frontiers of; 127, 128. Marshal Schomberg in ; 129, 130. priests of ; 223. Earl of; 374. Urban IV., Pope ; 205, 208. Urny, tithes of ; 25 note. Ussher, James, Primate of Ireland; 204 205. Usson, Marquis d', in Galway ; 147. Utothail, Laurentius ; 211. Utrecht, treaty of ; 199-200. V. Valladolid; 360. Valle Salutis, Monastery de ; 207. Valognes, Hamon de ; 205. Van Hugareden, Abraham ; 86. Vaughan : Captain ; 164. Abraham, petition of his widow Ann 64. John, 502-508 passim. William, of Clonmel; 56, 58. Vease, Benjamin ; 502. VeeL Edward and John; 83. Vendome : Due de ; 192. in Italy; 198, 199. Venice; 341-343. Verdier, M. ; 341, 343, 344, 355, 356. Verschoyle, Henry, petition of ; 55. Vesey, John ; 507. Vestments ; 221. compact relative to ; 262. Vetitum namium ; 259. Vicars, Serjeant. Nicholas ; 49. Vice, John, of Wicklow ; 41. INDEX. 561 Vigers, William, petition of ; 9. Vigie, James Ribett ; 511, 513, 518. Villeroy, Marshal, his defence of Cre- mona; 192. Vitelleschi, Muzio ; 340, 346-352 passim. Vizard, Alderman, of Dublin ; 30. Vulgate, the ; 204. w. Wadding : Maurice; 329. Paul; 279. Richard; 277. Thomas; 276. Walter; 316. Wade, Henry, petition of ; 26. Wadington, Henry ; 503, 507. Wadyng, Walter ; 322. Walcott, Walcot, Richard ; 502, 503. Walding, Thomas, petition of ; 51. Waldron, Thomas, petition of ; 40. Wale, Walter ; 352. Walensis : Michael ; 214. Villa; 218. Wales; 267, 288, 305, 321. Waley. See Whaley. Walker : Dr., minister, killed on the Boyne ; 135. Jonas, farmer of excise ; 46. Peter ; 29 note, 30. petition of ; 45. Wall building, certificate concerning ; 4. Wall: Mark; 518. Richard ; 506, 507, 510, 513, 519. Waller, John ; 56. Wallis, Gerald; 15. Walsh: David; 274, 277. Edward; 275. Henry ; 273, 274, 327. James ; 273, 274, 277, 278, 279, 333. Fitz-Martyn, James ; 277. Fitz- Robert, James ; 275. John; 279. his executor ; 9 1 . Pakenham ; 219. Patrick ; 275, 327. Peter ; 274, 275. Richard; 317, 321, 325, 327. Robert, his lands ; 32. petition of; 91. Sir Robert ; 50. complaint against ; 52. Robert ; 270, 273, 274, 276, 277, 302, 308, 333. Sir Robert ; 279. Fitz James, Robert ; 276. Fitz Peter, Robert ; 275. Walsh — cont. Thomas ; 276, 341, 343. letter of; 352, 375. Walter; 223. ■ petition of; 66. Walters : Col. George, petition of ; 48. John ; 56. Wapooie, John ; 91. Warbeck, Perkin ; 269. Warde : Peter, petition of ; 54. Richard, petition of; 103. Wards, Court of; 348. Ware, Sir James ; 1, 5, 205. Auditor-General ; 13, 14. James, his daughter Mary abducted ; 50, 75. Warner, Robert ; 502, 503. Warren : Andrew ; 446. John, petition of ; 83. Robert, trooper ; 103. William, of Wicklow ; 41. Warter, Gamaliell, collector; 8. Warwick, William, trooper ; ib. Waspayl, William de, and Emma, his wife ; 213-215. Waterford : city of; 208, 227, 360, 373, 410. soldiers quartered at ; 26. garrison at ; 50. surrender of; 138, 139. William III. at ; 144. archives of Corporation of ; 265 et seq. rights and privileges of the citizens of; 265. captured by the Anglo-Norman ad- venturers ; ib. charters to; 265, 266, 269, 275, 276. mayor of; 265, 270 et seq. manner of election ; 272, 280, 293. visit of Richard II. to ; 266. sketch of buildings at ; 266. ancient Irish name, Portlairge ; 266. election of mayor, &c. ; 266, 267. customs, &c, levied at ; ib. assise of bread; 266, 272, 290, 291. bailiffs of ; 273 et seq. gates of the quays to be shut ; 267. trade at ; 267. franchise of city of ; 267. citizens to have armour ; 267. Acts of the Corporation ; 267. memorandum book called the Common Paper ; 267, 272. Red Register book ; 267. the citizens and Irish people ; 268. foreigners dwelling in ; 268. rugs ; 268. Norse settlers ; 269. expedition of Richard II. to ; 269. Urbs Intacta ; 269. Camera Regis ; 269. 562 INDEX. Waterford — cont. occupied by the Irish confederates ; 269. besieged by Oliver Cromwell ; 270. Parchment Book of ; ib. Register Book of ; ib. Gray Freres in ; ib. St. John's, near ; 270, 271. petition from ; 271. grant to mayor, &c. ; 272. permission to appoint two commis- missioners, &c. ; ib. excessive fees taken by water bailiff ; ib. fee, &c. of city courts ; ib. murage at ; 267. and ancient customs ; 272, 289, 303. sheriffs of ; 272, 275 et seq. the Dernhundred of ; 273-337 passim. guilds ; 272, 273. Liber primus, first book of Acts and Statutes of ; 273 et seq. oath of the crafts of ; 274. oath of the wards and subwards of; ib. Liber secundus, second book of Acts, &c. ; 275 et seq. ancient customs in ; 275. fish, sale of; ib. the mayor, admiral of the port ; ib. rental of lands belonging to ; 276. lease of lands in ; ib. farms, &c. given out by the mayor and commons of ; 278. lands, &c. set by ; ib. architects of the seven companies of ; 279. oath of the mayor ; 281. sheriffs ; 282, 286. bailiff-receiver; 283. recorder ; ib. four sergeants ; ib. water bailiff ; ib. gaolers ; 284. council ; ib. • • porters of the gates ; ib. water bailiff at Passage ; 285. freemen ; ib. constables ; 284. measurers ; ib. porters ; ib. clerk of the market ; 282. constables of the Staple ; ib. marshal of the Staple ; 284. customs and anchorage ; 285. fees and amercements in the city courts ; 286, 287. Court of Piepoudre ; 287, 335. Court of the Staple ; 287. court-market ; ib. fees of the recorder, water bailiff, &c. ; 288. fees of officials of; 286. Guildhall of; 292, 315. cockctt; '.no, 321. market cross ; 312. King's ditches ; ib. Waterford — cont. Aron delis gate ; 312. King's shambles ; ib. St. John of; 314. St. Katherine's grange; 279. prior of ; 226. Trinity Church ; 314, 315, 317, 320. Cathedral of the Blessed Trinity ; 278. St. Stephen's; 314. Christ Church; 325. Bothstrete; 329. St. Olave's parish ; ib. concealing a Florentine's goods ; 330. breaking the mayor's safe-conduct ; ib. wine bought against the liberty of; ib. affray before the mayor ; 331. drinking in Lenten time ; 332. ancient customs in ; 333. attire at, act relative to ; 336. Cogg, lordship of ; ib. election of the lord of ; ib. ~ reformation of ; 327. Guilds, incorporation of ; 337 et seq. tailors of; 337, 338. Waterford : Acts and Statutes : Acts and Statutes of the City of ; 291 et seq. wine, broaching and sale of ; 292. wine or merchandise, purchase or sale of ; ib. hogs, sows, &c. within the city ; 292, 310. calling a citizen an Yrishman ; 292. messuages and shops in ; ib. freedom of the city ; 293, 294, 297, 300. actions and complaints ; 293. merchandise of an Ydelman ; ib. no priest to have wife or concu- bine ; ib. the mayor not to pardon amerce- ments of bread, ale, watch, &c. ; 294. trespasse or forly any freeman's daughter ; ib. _____ trespasse or lyby any nourse or apprentice ; ib. plaints, delays on ; ib. actions of debt ; ib. one citizen accusing another; ib. debt, maintaining, &c, a fugitive for; 295. no citizen to buy wheat by his concubine ; ib. merchandise coming into, the mayor and bailiffs to be common buyers; ib. defrauding the courts of ; ib. sale of salt, &c. ; 296. the King's custom ; ib. INDEX. 563 "Waterford : Acts and Statutes — cont. sending a stranger's merchandise out of ; 296. sending merchandise in ship or boat; ib. masters of boats ; ib. oblations ; ib. freeman or denizen not paying for goods brought from a stranger ; ib. every man that will age another ; 297. — — selling goods by or for a stranger to a stranger ; ib. — — maintaining a stranger in any action ; ib. no citizen to receive strangers in pledge ; ib. covenant, trespass, and account ; 298. maintaining a fugitive for debt ; ib. arrest within the city or suburbs ; ib. — — freemen being within the church and churchyard to be free, &c. ; ib. taking merchandise into any country at war with ; ib. any man receiving hurt by any man of Kilkenny, &c. ; 299. — ■ — freemen's wives ; ib. adultery by ; ib. foreynes and servants dwelling within ; ib. " masters of woodboates and boat- men ; ib. no manere of men to be recevid sensers ; ib. men of Irish blood and the free- dom of ; ib. apprentices and hirelings ; 300. no woman should touke (dye) within ; ib. sale of wine, iron, &c. by any forayne or stranger; 301. ships of aliens or the King's enemies ; ib. salt and corn that should long to the shifte of the communes ; ib. — — action by citizens against citizens or strangers ; 301, 304, 305. writs of error, &c. ; 302. selling boards, iron, &c. to the men of Kilkenny, &c. ; ib. no carpenter to make boats, &c. ; ib. men of the county, unkindness with ; ib. victuals to be sold in the market place only ; 303. franchise of the city for appren- tices, foreigners, and denizens ; ib. franchise of, and men of Irish rule ; ib. sensers free to pass the sea ; ib. men and women of religion to be sued ; 304. women (married) to be sued ; ib. Waterford: Acts a.nd Statutes— cont. franchise of, and aliens ; 305, 307. members of the Council and juries ; 305. leases of the city lands ; ib. sale of fresh fish forbidden to strangers ; ib. affrays in ; 306, 307. Staple, the, admission to ; 306. hides within the jurisdiction of; ib. a citizen killing any man ; ib. fostering children (Irish) ; 307. fornication by the widow or daughter of a citizen ; ib. citizens to possess arms ; 308. actions by any march our ; ib. purchase of protections against actions ; ib. persons bound on a voyage not to be arrested ; 309. citizens shunning attachment or arrest ; ib. debts by citizens to any burgess of Kilkenny, &c. ; ib. wife to be arrested for her hus- band; ib. merchandise purchased by citi- zens on sea or in strange lands ; 309, 310. swine within the city ; 310. vigilator or wakman's salary ; ib. taking away a child without leave of parents or master ; 311. insurrections or risings against the mayor, &e. ; ib. gates on the quays to be shut ; 312. no dung or filth to be put in the river, &c. ; ib. corn, price of, and the mayor ; ib. flesh, sale of, and the King's shambles ; ib. mayor, bailiffs, recorder, &c, going on voyages ; 313. quays of the city, owners of; 313. resumption of lands, &c. within the franchise of; 314. alienation or sale of arms ; 315. freemen not to dwell without : 315. repair of gutters ; 316. measurers and gatherers of Ihe payment; 317. buying and regrating the market of corn ; ib. mustering the people ; ib. taking pledge or distress, &c.; ib. graves within Trinity Church; ib. breaking glass windows; 318. fryse or mantill, sale of; ib. hides and frieze,purchase of; ib. butchers and the sale of rudders : 319 564 INDEX. Waterford : Acts and Statutes — cont. craft of webbers or weavers ; 319. craft of shoemakers or cordoners; 320. selling or lending to any nation at war or at any distance from ; 321. Dernbundred, bill of supplica- tion to ; ib. shipping goods and being part- ners with strangers ; 321. - — selling merchandise to strangers; 321, 323. customs on foreign goods ; 321. foreigners to wear English array; 322. ■ letting houses to foreigners ; ib. actions by foreign attachment ; ib. cooks selling raw flesh ; ib. carpenters, masons, &c. ; ib. Irish tongue in court ; 323. purchase of goods from foreign ships ; ib. candles for St. Otheran (Od- ran) ; 324. drinkings, those to come to the ; ib. nets ; ib. fair court ; profits of ; ib. keeping merchants over forty days ; ib. freemen not keeping a house- hold in ; ib. foreigners and the carriage of goods over sea ; 325. God's penny from ships ; ib. boats bringing wood ; ib. taking of principals (heirlooms); ib. quayage, exacting ; ib. lading wool ; 326. aliens at fairs ; ib. ■ buying at fairs for aliens ; ib. goods to await upon dearth ; ib. flocks and wax ; 327. hides, price of ; ib. . wines, retailing and broaching ; ib. merchandise and mariner port- ages coming in any ship ; ib. writs relative to causes in the city courts ; 328. merchant chapel in the cathe- dral ; ib. sale of bonds, or of cause of action ; 329. suing in court for any prize- money ; ib. Ancient customs : mayor and bailiffs to remain in ; 333. pleas in any of the courts of the city; ib. ferms within the city ; ib. wives to have a third ; ib. pleas and causes between the inhabitants 334. distraint for rent ; ib. the mayor's share ; ib. Waterford : Ancient Customs — cont. widows and the freedom ; 334. debtor's goods : ib. actions and arrest of party ; ib. defendant's time to answer ; 335. passage in the ferry boat ; ib. actions of account ; ib. attached to any of the courts ; ib. sureties of one arrested ; ib. citizens to aid in arresting ; ib. defendant on a nihil dicit ; ib. Court Baron ; ib. binding apprentice ; ib. election of surveyors ; ib. affrays ; 336. tenants at will ; ib. county; 278, 285, 299, 302, 318. land in ; 272. Bishop of; 208, 215, 217, 278, 375. Archdeacon of; 208. Dean and Archdeacon of; 208, 278, 298. Watson, Christopher, his death ; 117. Wauchop : Brigadier; 166. at Limerick ; 142. Wayt, Thomas, of Wicklow ; 41. Webb: Capt. Henry, petition and order con- cerning; 76, 77. William, claim against ; 76. petition of; 77. Webbers; 319. Welbancke, Mary and Ralph ; 84. Wells : Sarah, petition of ; 6. charge against ; 17-19. William, murder of ; ib. Welsh : John, of Pillto wn ; 146. Mark, petition of ; 101. Robert; 277. Weneval, William de; 271. Wesley, Garret, petition of; 26. Westby, Dr. John, auditor ; 12. Wester, J., deposition before ; 96. Westmeath : impropriate tithes in ; 25 note. lands in ; 34, 49, 93. Earl of (1667), petitions of ; 25, 58. (1691) ; 166. (1691), a hostage ; ib. Westpalstowne, co. Dublin, tithes of ; 96. Westrow, Norton, lands of ; 93. Wetton, William, soldier ; 27. Wexford; 80, 154, 267, 268. burgess of; 73. Wexford or Waysford : CO.; 207, 299, 302, 314, 318. ironworks in ; 65. Whaley, Henry; 31, 502. Wharton, Sir Thomas, his company; 78. Wheat, price of ; 478. Wheeler alias Moore, Elizabeth, petition of; 89. White : Bennet ; 29 note. Henry; 278. INDEX. 565 White — cont. James ; 271, 273, 276, 278, 342, 345, 373. John; 29 note. Joseph, trooper ; 77. Luke ; 278, 279. Nicholas ; '265, 277. of Wicklow ; 41. Patrick; 278, 312. Pierce, 298, 308. Capt. Rowland ; 177. Thomas ; 272, 276-279. lands of ; 93. William; 323,324. of Wicklow ; 41. Whitehand, Richard, petition of ; 36. Whitney, Thomas, defendant; 78. Whittroe, Jonas ; 80. Wice, Morishe ; 304, 305. Wicklow; 16, 87. corporation of, petition of, &c. ; 40- 42, 49. castle, garrison in ; 40, 41, 42. gaol; 101. garrison ; 49. governor of ; 57. county, assizes for; 43. Widdrington, Robert; 513. Wilde, Sir William, paper read by ; 111. Wilkins, David ; 221, 223. Wilkinson, John, trooper; 76. William the Conqueror; 218. William and Mary ; 381, 510, 511, 512, 520. William III. ; 361. his landing in Ireland ; 130. state of his army ; 130, 131. narrow escape of ; 132. his proceedings after the battle of the Boyne ; 137 et seq. at the siege of Limerick ; 142. his return to England ; 144. and the Irish Jacobites, arguments about ; 175 et seq. his treatment of the Catholic forces in; 180. James II.'s feelings towards ; 187. in Holland; 190. his proceedings after James II.'s death ; ib. account of his death ; 193. compared with James II. ; 194 et seq. England's condition under ; 196. Williams : Francis, trooper ; 73. Rowland, petition of ; 79. Thomas, petition of ; 45. William, trooper ; 100. Willoughby : Colonel ; 77, 103. Anthony; 492. Francis; 485. Col. Francis ; 53. his company ; 4. Sir Francis ; 96. Wilson : Colonel, Irish battalion under ; 180. Gabriel; 50. James ; 508. Wilson — cont. John, charge against ; 49, 50. Lawrence; 433, 446, 447, 450, 451, 454. Sir Ralph, his company ; 70. Sarah, petition of ; 103. Thomas ; 506, 513. Winchester, Marquis of ; 511. (1691), his regiment ; 146. Windesor, Sir William de ; 265. Wines : retailing; 327. sale of ; 292, 296. Wines, Tente, Bastard, &c. ; 428. Winn, John ; 501. Winton: 271. Winwood, secretary ; 374. Wirtemberg, Duke of : (1689) Danes under ; 127. in Ireland; 130, 148, 165. Wise : George ; 275. Henry; 274. John ; 274, 324. Fitz James, John ; 276. Maurice; 273, 274. Nicholas; 276, 278,325, 329. Thomas ; 273-276. William; 273. Witherington, John, trooper ; 102. Withernam ; 259. Wockham, John ; 94. Wodlock, Wodloke, Woodlock : Balthazar; 276. James; 270-277 passim. Jasper ; 277. Wolsly, Brigadier, his victory at Cavan : 128, 129. Women (married), liable to be sued and arrested; 304. Woodcock, Amy, petition of ; 99. Woodruffe, William, petition of ; 64. Woogan, Nicholas, petition of ; 38. Wool, Spanish ; 290. Worcester : Bishop of; 208. Earl of, Henry ; 498. Marquis of ; 270, 355. Marquis of, Edward Sumersett ; 498. Worship, freedom of ; 344. Worshipp, Sir Thomas ; 2. petition of ; 42. Worsopp, Sir Thomas, certificate by; 91, 92. Wright, William ; 77. Wybrants, Wybrant, Alderman Peter, of Dublin; 30. petition of ; 68. Wycumbe, John de ; 213. Wykingelow ; 211. Wykinlo; 218. Wyse : Andrew; 278. George ; 275. John; 274. Nicholas ; 276, 277, 328. Robert; 278. See Wice and Wise. 566 INDEX. Y. Yarner, Abraham, report by ; 76. Yeaden, Thomas; 506, 508, 509, 513. Yeomanstowa ; 177. Yong, John ; 360. Yonge, Thomas ; 295, 330. York prison, infection in ; 117. York, Duke of, James ; 344, 363. and Col. Talbot ; 158, 159. Youghal, YoughiU ; 267, 309. Young, Eichard, petition of; 78. YoungehuBband, George ; 502. Young men, the, of Galway; 444, 447, 493, 494. z. Zuniga, Baltazar de ; 347. Zurlauben, regiment of; 128. on d o n : Printed by Eyre and Spotttswood Printers to the Queen's most Excellent Majesty, For Her Majesty's Stationery Office. HISTORICAL MANUSCRIPTS COMMISSION. TENTH REPORT, APPENDIX, PART V, THE MANUSCRIPTS OF THE MARQUIS OF ORMONDE, THE EARL OF FINGALL, THE CORPORATIONS OF WATERFORD, GALWAY, &c. tBretfrntetf ta feotf) f§nn£e£ of parliament fiji Commantr ol &er $aa)cst&. LONDON: PRINTED FOR HER MAJESTY'S STATIONERY OFFICE, BY EYRE AND SPOTTISWOODE, PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. 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