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but great quantities of lands besides those here mentioned are substracted and detained from the King; but seeing he hath given a commission to confirm the states of each particular subject within this kingdom, we must deal with them upon that commission without committing it over to others. But if they come not in and take new estates, a commission may be awarded.

What cannot be done by the Commissioners of Surrenders and Defective Titles we think fit not to deal in without further directions

just title, as being lineal heir to the Earl of Ulster, who was Lord of Conaught and Trime. The Burkes and other families, when that province and the greater part of Ireland besides was overrun by the Irish, became intruders upon the King's possessions; how beit, since, their several possessions, for the most part, have been settled by the composition of Conaught, and, according to that settlement, they covenanted to take out letters patent, which the greater part of them have neglected, so as they hold their lands only by the indenture of the composition made between Sir John Perrott and them; they may be called in and drawn to give good fines for their letters patent, with increase of rent above the composition. To this end a commission may be forthwith awarded to the Vice-President of Conaught and others there.

A like commission may be awarded to inquire into the title of Mc I Brien Gonaghe and O'Mulrian, and other Irish septs in the counties of Limericque and Tipperarie, who have expelled the old English colonies planted there, whose heirs are not known, and so the lands have come to the Crown by common escheat. The O'Kenedies in Ormond, the inhabitants of Edoughe in the county of Kilkenny, and divers Irish septs in the county of Catherloghe, who have intruded upon the Duke of Norfolk's lands, are in the same case. All these may be called in to compound for

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from the King or Lords of the Council, to whose considerations we recommend it.

(19.)-Rents substracted. The King's Attorney is required to call Sir John FitzGerald to compound, or to show a sufficient discharge of so great a rent, which may serve for a precedent to further proceedings in causes of this nature.

their possessions, which may be surveyed and thereupon granted according to the

surveys.

Besides, all grants taken from the Crown since 1 E. 2, till 10 H. 7, are resumed by Parliament. For these grants search shall be made among the Patent Rolls, which are but few in number here. The greatest part have been transported into England and remain in the Tower, where search may be likewise made, and thereupon thereupon the terre tenants may be called in to compound. This course will settle and confirm all the possessions of the kingdom, and bring no small profit to the King, though the terre tenants be used with favour, as it is fit they should be.

(19.)-If the Clerk of the Pipe be commanded to search in the old Pipe Rolls he shall find many rents reserved upon ancient grants which are not now in charge. These being found may be written for, and the terre tenants brought in to show discharges, if they have any. As, for example, I have a record of the grant of K. E. 1., made to John FitzThomas, of the lands of Decies and Desmonde, which were the lands of Thomas Fitz Anthonie, upon which grant 500 marks per an. are reserved. Sir John FitzGerald shall be called in to show cause why he should not be charged with a proportion of that sum. Besides, John Waldron hath a collection of divers old rents of the like nature which may be written for, and Waldron should have

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(20.)-First-fruits and 20th

parts.

The L. Chancellor, Mr. Trer., the L. Chief Baron, Surveyor and Clerk of the First-fruits, shall be authorised to do this by commission.

(21.) The fruits of benefices which have become void, till other incumbents be placed.

The L. Chancellor is required to direct forth commissions in this behalf to some fit commissioners to be discreetly chosen by him.

(22.) The temporalities of bishoprics during the va

cancy.

The escheator is required to do his duty herein.

(23.) The King's tenures which are suppressed to be revived.

some allowance out of the arrears when they are brought in charge.

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(20.) There are divers bishoprics in Ulster which are not yet surveyed and taxed, so as they pay no firstfruits or twentieth part at all. A commission, therefore, may be awarded to the surveyor or clerk of the First-fruits and others, to survey and tax these bishoprics and other benefices within their dioceses; and thereupon, the bishops and the rest who have been invested and presented since the King came to the Crown, may be drawn to compound for their first-fruits and the arrears of their 20th parts.

(21.) By the statute 28 H. 8, c. 8., the King is to have the profits of all benefices during their vacancy. These profits are unjustly substracted from the King, and are to be restored. Commissions may forthwith issue to inquire what benefices have been void since he came to the Crown, and who have taken the profits during their vacancy, that they may be charged therewith; and that from henceforth the bishops may certify what churches or benefices become void, that the profits may be taken to the King's use.

(22.) The escheator ought to seize them into the King's hands and account for the profits until a custodiam be granted.

(23.)-There have been more tenures revived since the King came to the Crown than

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IMPROVEMENTS of the CASUALTIES out of the King's
Revenues Certain and Courts of Justice.

(1.) Out of the Revenues.

Fines for Leases.
The Commissioners are re-
quired to have especial care
hereof, from time to time,
when leases are granted.

Fines for Licenses of Alienations and for Pardons of Alienations.

This indulgence hath crept in, as we suppose, through the general poverty of the country; but now, seeing the King is thought to be prejudiced by that course, we require that from henceforth all pardons and licenses of alienations be passed in several patents,

If all leases be made fee farms, there will arise no more fines upon renewing of leases; but when lands shall escheat, the same may be first surveyed by commission, and thereupon the Commissioners may either lease the land for a good fine and a moderate rent, or reserve the rent on the higher survey.

The King makes little benefit here by alienations of land held in capite, but if Commissioners were authorised to compound for these fines, as they do in the Alienation Office in England, a great benefit would arise to the King here as there doth in England. Besides, henceforth, pardons of alienation are not to be included in special

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which the secretaries are to liveries, for thereby the King
observe.
loseth the fine for the pardon,
and taketh only a fine for the
liveries; besides, the benefit
of the seal is lost too.

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