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1582. June 22. Vol. 619, p. 56.

496.

July 20.

Vol. 619, p. 54.

Aug. 27.

Vol. 607, p. 86.

497.

498.

SIR NICHOLAS MALBIE to the EARL OF LEICESTER.
"The Countess Dowager of Thomond hath declared unto
me that th' Earl, her late husband, in his death-bed, vowing
all loving affection unto your Honour, did, as a testimony of
confirmation thereof, bequeath unto your L. his son Tieg
O'Brien, bearer hereof, whom my Lady, his mother, hath ac-
cordingly sent over unto you, and hath prayed me to accom-
pany him with my letter, the better to let your Honour know
that my Lady, his mother, hath likewise made choice of your
Honour, to bestow her young son in your service. Her La.
also hath required me to signify unto your L. of the ill
behaviour of her son, th' Earl that now is, your L. servant,
both towards herself, being his natural mother, and to the
rest of her children, being his own brethren and sisters. Her
hope is your L. will, by your letters to the young Earl, rebuke
him, and let him know his duty to God, his Prince, and
parents; for I assure myself he will hearken much to your
admonishments."

Dublin, 22 June 1582. Signed and sealed.
Holograph. P. 1. Addressed. Endorsed.

SIR NICHOLAS MALBIE to the EARL OF LEICESTER. O'Neill has sent Con O'Donnell into this province (Connaught) to spoil it, with 120 horsemen, 1,200 Scots, and 800 other rascals. I had a loose band of footmen at Slygo at that time, which slew one of the best captains and about 40 Scots with him. I sent them aid. The rising out of the province is but a feeble stake for me to trust to. The Scots, understanding I was drawing towards them, fled in that haste as 10 or 12 of them were drowned passing over the river cf Erne. McWilliam and O'Connor Slygo are now here with me, and assure me that the Scots will return with all the force they be able to bring out of Ulster, to which they shall have O'Neill's best help. I have but 100 footmen and 70 horsemen that I may trust to make head against them. My Lord Deputy can spare me no help. It is thought at Court that O'Neill, if he be let alone, will be a sound subject. Connaught has given him no offence, "but only that he seeth it generally quiet, and therefore in his Irish disposition will disturb it. His pride must be lessened."

Athlone, 20 July 1582. Signed and sealed.

The Scots carried away 2,000 cows from O'Connor Slygo.
Holograph. P. 1. Addressed. Endorsed.

SIR NICHOLAS MALBIE to the EARL OF LEICESTER. I perceive by your letter that White continues still his lewdness against me. It is strange that a person of his base condition can be so well supported in untruths. It proceeds not of envy against myself; for there is not one in the Court

1582.

that ever I have offended. "At my being at Court I saw those which did then countenance that fellow were such as be thought to be your Honour's ill willers. Your Honour

hath more cause to look to it than I have, for if by devices they may cut off your branches, your body will be the weaker and the easier to be cut down. I do now hear that only Sir James Crofts doth hold up White against me."

Garland has been with me.

My Lord Deputy will inform you of our occurrents.

"The Earl of Clanricard hath taken his leave of this world, and his sons after his death came to me upon their knees craving the benefit of her Majesty's pardon by proclamation. They do strive for the title of the earldom, and do mind to try it by the course of the law. They are daily looked for here, for they have promised to follow me hither with all speed; so as your Honour and the world may see (that have any will to see) that the life of the Earl was the nourisher of his sons' war and rebellion; and if he had been cut off when the law had advantage of him, so much the sooner had the war ended. Yet some would maintain that it was hard dealing with the Earl's sons that caused them to revolt, which White also affirmed against me. But what will not envy untruly affirm without blushing? And to make better proof hereof, when John Burcke was upon his knees before me, and the rest of the Council then with me, I asked him why he did not seek sooner to come in to acknowledge his duty to her Majesty, or what cause had I given him to estrange himself so from the State. His answer was, in public, that his own guilty conscience was the cause, and that his faults were so great as he durst not come in the presence of justice lest advantage might be taken of him, and that also he never found me but a good friend, with other more speeches to my advantage. If this will not suffice to satisfy th' envious, I must and will, as I have done, and will do ever, refer all my doings to God's good judging, and so content myself.

"I was lately in Thomond, where I heard much complaint against the young Earl, your L. servant, whom I found there, and lessoned him the best I could, and do much doubt he will fall to the vomit of the country. He is accompanied with the worst disposed men of the country, whom he hath promised me he will put from him, which if he do, I will then have some hope of him. I did learn there that Desmond was never so strong as now he is, and doth what him list everywhere. Tyrlaghe Lenaghe holdeth his forces still together, and doth only watch opportunity. It is now reported that many Scots be come over to the North. Connaught is the only quiet province, for generally they be all subjects, and not one man out; and for the good state thereof otherwise, it is inferior to no part of the land that is best; and her Majesty's charges in keeping of it in these good terms is least of any part of the realm. I will not make exception to th' English Pale.

1582.

Nov. 17.

Vol. 611, p. 192.

499.

"The O'Connors have absented themselves all this summer time, and now that the nights grow long do begin to draw in companies towards their country, and will do the worst they can.

"Now the Lord Deputy (Grey) is revoked, if it so be his L. shall not return, which truly I wish he might, then, if the most voices might take place, Sir Henry Sydney is the only man that is generally liked of here, and as generally wished for; your L. shall do well to further his coming."

Dublin, 27 August 1582. Signed.

I beseech that Mr. Maysterson, the bearer hereof, may be favoured by your good help and countenance.

Holograph. Pp. 3. Addressed. Endorsed.

The BURKES.

Whereas there was "a commission of orders" taken by the Lords Justices and the Privy Council of Ireland, dated 7 September 1582; the tenour whereof ensueth:

Upon the submission of Ulick Burke and John Burke, sons to Richard late Earl of Clanricard, both of them exhibited petitions to us the Lords Justices and Council, wherein each of them claimed to be Earl in succession from their father; and they confessed a recognizance of 10,000l. each to other to abide our order. We therefore ratify the order ensuing.

It is ordered and decreed that Ulick Burke shall have the title of Earl of Clanricard and Baron of Dunkellyn, and that the whole lands belonging to the said earldom shall be equally divided between them, as if the lands had descended in coparcenary, saving that the first choice of Logh Reoughe and the lordship of Dunkellyn is allotted to the Earl in this division. John Burke shall have the castle and barony of Leitrim in Clanricard free from the impositions of his brother; and we will be humble petitioners to the Queen to create him Baron of Leitrim in tail male. The rest of the lands shall be referred to the division of Sir Nicholas Malby, Governor of Connaught and Thomond, Justice Thomas Dillon, the Archbishop of Tuam, the Bishop of Clonfert, Edmond Lord Bremingham, Thomas Chester, elect of Elphin, Anthony Brabazon, John Norton, John Merbury, Nathaniel Smith, Teige Mc William O'Kelly, and Hubbert Boy McDavie. Each of the said parties shall take their lands so divided of the Queen to them and the heirs males of their bodies; and for want of such heirs the earldom to be in remainder to John; and the entail to be from John of his barony and lands to the Earl; and her Majesty to be in remainder of both. Whosoever of them shall first revolve from his duty to her Majesty, and

* Adam Loftus, Archbishop of Dublin, and Sir Henry Wallop.

1582.

shall be publicly proclaimed a traitor, the other continuing in duty shall presently enter upon the lands, titles, livings, and inheritance of the said party so proclaimed. They shall not claim or exact any coyne, livery, or other Irish customs other than are lawful and allowable. Richard Burke, of Derimallaughnye, and the barony of Clare wherein he and his kinsmen dwell, are to be exempt for ever from all rule and authority of either of the said brethren. "If the castle excepted shall be proved to have been justly in the possession of the Earl of Clanricard, deceased, in his own right, that then such castles and lands shall fall in division as the rest of the lands, not excepted, the castles of Owran, Corrofyn, Bellanenyen, Bellashema, Letaffynne."

And whereas also there was another special commission † granted by the said Lords Justices to Sir Nicholas Malby, Thomas Dillon, Justice of Connaught, and the rest of the Commissioners, dated at Dublin 3 October 1582, reciting amongst other things the said order entered in the black Council Book, folio 51, and authorizing the Commissioners to take view of the said lands, make the division, and deliver possession.

We the Commissioners whose names are subscribed, having assembled at Galway, do award and publish that Ulick, Earl of Clanricard, shall have the house of Lough Reaughe, the lordship of Dunkellyn, the castles of Portumna in Sylauchie, Clare, Kilcolgan, and Moyen; also all the seigniories, duties, &c. belonging to the earldom; excepted and always reserved to John Burke, Esquire, brother to the said Earl, and his heirs males, the seigniories, duties, chiefries, rents, &c., within the barony of Leitrim. In consideration that the same shall be for ever secluded from the said earldom by this our order, we award that the Earl shall have and enjoy three quarters of land of Stradballie, and the monastery of Ogormocame, otherwise called Via Nova, in the diocese of Clonfert, with its lands, as by letters patents of 1 July, 35 Henry VIII., granted to William Burke, otherwise McWilliam, more plainly doth appear. As the said Earl shall be secluded from any demands in the town of Leitrim in right of the said monastery, we award that he shall have the castle of Ballinehvoile.

Ulick shall have and enjoy the quarter of land called Collyaghe and a half quarter of land of Dough Castle. The six plowlands and a half, parcel of the possessions of the late Earl lying in Thuoran, co. Limerick, and three quarters of land in Collyn, shall be equally divided between them.

*This "commission of orders" is signed at the beginning by "Ad. Dublin., H. Wallopp ;" and at the end by "L. Dillon, N. Malby, Jo. Garvey, Edw. Waterhouse, Geffrey Fenton."

+ It is quoted at length.

1582.

The chief rent of 51. per annum, purchased by the mother of John Burke in Clevile, Caregyen, Librien, and Ballyloyen, issuing and going out of the sept of Tibbott Burke, shall be equally divided. Carnetubery, with the castles, manors, lands, and rights, shall be also divided.

The said Earl shall have all the farms, leases, and assurances which his father had in the monasteries, parsonages, &c. belonging to the houses and churches of Killenemanagh, Aughrim (excepted the castle, town, and fields of Killeglan), St. John's in Tuam, Ballyclare, Rosrelly, Lough Reaughe, Kilbought, and Annaghdowne.

Whereas Redmond Burke of Clantusker, Esquire, holds by lease from her Majesty the priory of Clantuskert, we award that during the lease the Earl of Clanricard shall have two quarters of land of the Ballan in Clanricard, parcel of the nunnery of Kilcrenate, with the tithes; and afterwards the four quarters of land in Ballon.

John Burke, Esquire, shall have the castle and barony of Leitrim in Galway, with eight quarters of land; the several scites, circuits, and castles of Cloncastellan, Clandagawne, Ballydowgan, Kilmacare, Ballyturen, Towloban, Lackafyn, Rathgorgan, and Beath; a parcel of land called Tyrone; land in Marye, being of the gift of Teige O'Donell; the feefarms, leases, and assurances which the late Earl, his father, had of the monastery of Clantuskert in Omany, and also the monastery or nunnery of Kilcrenau, parcel of the said feefarms, and exempted from the said Earl (Ulick) in this division, being in Connaught, with the appurtenances, excepted the four quarters of land in the town and fields of Ballan, parcel of the said nunnery," &c.

He shall have, during the term yet unexpired for which Redmond Burke holds the priory of Clantuskert by grant of her Majesty, two quarters of land in the towns and fields of Ballan; and afterwards the same to revert to the Earl. He shall have the castle and all the lands in Killeglan, in Omany, belonging to the priory of Aughrym. The scite, circuit, castle, &c. of Coroffyn shall be equally divided between them by agreement. "As the castle of Oran, with the lands, &c., is challenged by John Burke to appertain solely to himself, and that we have seen a writing made unto his late father to th' use of the said John, which title maketh the division thereof doubtful to us," we have therefore respited the same until such time as it shall be decided by the Lords Justices and Council whether the same castle of Oran, by the words of their order, be dividable.

The said Earl and John are to have peaceable possession delivered to them of all that we have allotted to either of them.

*Or "Roswellye."

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