1611. Vol. 629, p. 167. 111. A SCHEDULE of TIMBER TREES marked for his Majesty in the woods of Leinster near the river of Slane and Barrow, by virtue of a warrant from the Lo. Deputy, dated the 17th of July 1611, viz. : Distant from the waterside one mile or thereabout.-Upon Donell McHugh's of Ballyda wood, 100. Upon McMollnay's wood, called Ballinekilly, 80. Distant from the sea one mile or thereabout.-Upon the Curragh Duff's lands, whereof belongs to Edmond McBrien and Rowland Ranseter, 150. Distant from the waterside one mile.-Upon Kill McDermot Roe belonging to Donell Owre's sons and Morogh McWilliam 150. From the waterside half a mile.-Upon Cowlattin woods, belonging to Willm. McMorogh and others, 60. Distant from the waterside a mile.-Upon Captain Butler's, called Dromgarre, 560. From the waterside half a mile.-Upon Donell Spannagh otherwise Cavenagh's, named Dronery, 121. From the waterside two miles.-Upon Sir Thomas Colclogh's of Gurtin Phillipa, 141. Distant from the waterside two miles.-Upon Owen McGerrett's of Ballybegg, 80. From the waterside two miles.-Upon Art McHugh Oge's, called Colebane, 100. Distant from the waterside three miles.-Upon Edward Butler's, called Killaghran, 252. Distant from the waterside four miles.-Upon Mr. James Butler's, called Ballmacluky, 103. Distant from the waterside five miles.-Upon Sir Thomas Colclogh's and others of Dromagh, 441. From the waterside four miles.-Upon James McCahir's wood of Curragh Duff, 208. From the waterside three miles.-Upon Donell Owre's sons, called Killegarre, 222. From the waterside two miles.-Upon Sir Thomas Colc logh's of Monybeg, 210. From the waterside three miles.-Upon Sir Thomas Colcloghs, called Kildronan, 223. From the waterside do.-Upon the wood of Cooleattin; Morogh, McWillm., and other owners, 305. From the waterside two miles.-Upon the woods of Clanyrdan; Teige, McDonogh, and other owners, 320. From the waterside two miles.-Upon the woods of Mouley; Teige Ne Gowne owner, 310. From the waterside four miles.-Upon the woods of Killenore; Donell Spannagh, and other owners, 310. Sum total, 4,459. Signed: Laurence Esmonde, W. Barlowe. 1611. Vol. 629, p. 169. 112. AN ABSTRACT of the state of the cause between the Earl of Kildare and Sir Robert Digbie, for the manors of Portlester, Woodstock, and Athey. William Talbot of Mallahide and others were seized by feofment from Gerrot, late Earl of Kildare, of the Manor of Portlegten, amongst other things, to the use of Mabell, Dowager of Kildare, as parcel of her jointure after her death, and of Athey, Woodstock and other the manors and lands of the Earldom, after the death of the said Earl to the use of the heirs male of the said Gerrot, the remainder to Edward, father of the now Earl and heirs males of his body, with divers remainders over. These three manors were conveyed (as is alleged by Sir R. Digby) afterwards for a jointure to the Lady Kath. FitzGerald, wife to the late Lord Gerrott. The same Lady Kath. after, in consideration of an annuity of 2001., granted her by the old Earl and his feoffees out of all the lands which the Earl of Kildare and the Dowagers have now in possession, did give up her jointure to the old Earl. Lord Henry, late Earl, and the feoffees conveys these manors to his mother, Dame Mabell, for life. Sir Robert Digby bought the remainder of a lease for years passed by the Lo. Henry and the feoffees, to one Luttrell, of Woostock and Athey, and procured another lease from the Lady Mabell for Portlester during her life, and so came to the possession of these manors, and paid rent according the agreement till the time of her death. The lease of Portlester expired by her death. The lease of Athey and Woostock expired a little before her death, and some controversy happening betwixt the Earl and Sir Robert Digby for the same, claiming from Dame Mabell the Dowager, the rent which she reserved upon the Earl was ordered to be paid to her, and the residue of the profits were sequestered as indifferent betwixt the Earl and Sir Robert, which sequestration yet continues. Upon the Countess's death, the Earl came to these manors and made a peaceable demand of possession. Some ancient tenants that were continually dwelling there, both before Sir Robert took the same to farm and after his departure into England, did deliver possession to the Earl without contradiction, and thereupon he set those lands for rent, and against those that refused to deliver possession he proceeded by suit in the King's Bench to recover the same, which suit being ready for trial by a jury of gentlemen in the country, was notwithstanding stayed by order from the Lo. Chancellor by reason of Sir Robert Digby's absence, and now again since Sir Robert's coming into Ireland by a new injunction. Sir Robert Digby being in England preferred a scandalous petition against the Earl to the Lords of the Council full of untrue suggestions, that the Earl entered by force into those manors, and dispossessed him by violence, with many other 1611. Vol. 629, p. 173. 113. false surmises, whereupon their Lordships (not being informed of the true state of the cause, that the Earl's entry was lawful and without force, and that Sir Robert Digby's possession was only as tenant to the Lady Dowager, paying her rent, and that his interest and possession ended upon her death), directed the Lo. Deputy and Council here to examine the particulars of his petition, and to restore him. And although it seemed that their meaning was not to dispossess the Earl, if Sir Robert Digby's informations were not true, yet the Lo. Deputy and Council gave order to put Sir Robert Digby in possession, although it appeared plainly to them by the proof of the tenants themselves that the Earl's possession was got without force, and that it could not be denied by himself that he paid rent to the Lady Mabell for the same during her life. The Earl desires that seeing the possession he holds by the Lords of the Councils directions of the Besides there is neither reason, law, nor equity (as the Earl thinks) that Sir Ro. Digby should in the behalf of the Lady Katharine (by whom only during her life he must make his claim) should hold these manors, as the Earl's other lands being charged with an annuity of 2001. per annum to her in consideration only of the said manors. Copy. Pp. 2. Endd. THE JUDGES REPORT of the Statutes made and in force in this Kingdom of Ireland, against such persons as shall do any act for the extolling, advancing, or maintaining of the authority of the See of Rome within this Kingdom. By statute 32 Hen. 6. c. 1, all statutes made in England against provisors to stand in force in this kingdom, whereby the statutes of 13 R. 2. c. 2, and 16 R. 2. c. 5, in England of Premunire are in force. By statute 7 Ed. 4. c. 2, it is enacted that if any man purchase any dignity, parsonage, or vicarage from Rome to hold in commendam, he is to be out of the King's protection. By statute 10 Hen. 7. c. 5, all statutes made against provisors to Rome in England to be in force. By statute 2 Eliz. c. 1, it is enacted that such as extol, advance, or maintain the authority of the Bishop of Rome within this kingdom, their abettors and aiders shall upon *Blank in M.S. 1611. Vol. 629, p. 175. 114. conviction for the first offence forfeit all their goods and chattels, or for want of goods to the value of 201., all their goods and one year's imprisonment without bail; for the second offence premunire; for the third high treason. And by the same law all persons promoted to any spiritual or ecclesiastical promotion, or to any temporal office, ministry, or service, are to take the oath of supremacy, or upon refusal, to be disabled to use or exercise any ecclesiastical or temporal promotion, and all promotions for service shall be void if they refuse the said oath. Signed: John Denham, Fra. Aungier, Blennerhaysett, Ger, Lother. In Carew's hand "Perused." Pp. 2. Endorsed. "A DECLARATION of the Names of Persons who were appointed Collectors and Receivers by the Popish Priests in the county of Kerry, &c." [in Carew's hand.] As I am required to declare the names of such persons as were appointed cessors, collectors, receivers, and persuaders by the fathers of the Romish Church in the county of Kerry, for levying monies for the maintenance of Recusants in England, First, Sir Rickarde O'Connell, vicar general, of the co. Kerry, by the advice and direction of David Kearney, titular Archbishop of Cashell, by the provision of the Pope, the persuasion of the Jesuits, and Thomas McDonogh Craghe, titular Bishop of Ardert, appointed Sir Edmond Brenaghe, parish priest, by the provision of the Pope, in the Barony of Evraght, collector, to take the money levied upon every suwake" of a yeoman or under that degree the sum of two shillings ster., and 5s. of every gentleman, and we are sure that this money is so taken in the said barony; for the persuading of which tax there was a sermon made by Sir Riccarde O'Connell in Moyvane within the said barony about Whitsuntide last. 2. The said Sir Rickarde O'Connell has appointed Sir Owen O'Duhiggee, papist priest, collector in one half of the Barony of Clanmorishe, to levy the tax of 2s. ster. and 5s. ster. as aforesaid, and the same tax he has received of all the inhabitants according as it was allotted unto every of them by the said reverend father Sir Rickarde O'Connell. 3. The said Sir Rickarde O'Connell has appointed Sir Morris O'Coutey, papist priest, receiver in the other half of Clanmorishe, to take the same tax above specified, and the said Morris O'Coutey has two plowlands in mortgage for forty pounds from Tho. Lo. Baron of Lixsnawe, and two hundred pounds of the said Morris's money, which he sent to be kept unto one of his neighbours houses, by name Edmond Starke otherwise Edmond Meagh, whose 1611. house was burned, and the money in two several bags was saved, and all the vestments were burnt that the said Morris had for mass. 4. By persuasion of the said titular Archbishop used in a sermon of his in the friary of Urildighe in Desmond, about Whitsuntide last, the knights of the shire were chosen throughout all Mounster, and specially by his direction and by the Jesuits it was ordained that no Protestant should be elected or chosen knights of the shire or burgesses. The said David Kearny in his sermon did nominate Donell O'Swillevane and Stephen Rice to be knights of the shire for Kerry, and they were chosen accordingly, and so in other places. 5. The said Sir Rickarde O'Connell came in company of five priests unto every barony within the said county of Kerry, to exhort and preach publicly that every Papist was bound upon pain of excommunication major to pay the said tax, and not to choose any Protestant knight of the shire or burgess, and wrote a letter in especial unto every of the lords, esquires, and gentlemen of the said county unto whom he had no access, that they should upon pain of the above sentence condescend unto the said precept, or never seek any favour from the Church of Rome, besides what private charge the said titular Archbishop and his consort Tho. McDonogh gave them when they were taking the tax money. And further they have left to each and every person that would pay the said tax a certain indulgence and remission of so many sins. My Lo. Barry brought with him in his company a chaplain of his being a Dominican Friar, named John McDavid Cormocke, to Dublin in the time of the Parliament, to be ruled and advised by him what to say and how to answer, and so have all the Lords done who went to the Parliament. Every of them brought his priest with him. My Lo. Barry and my Lo. Roche are the chief seminarists to relieve, maintain, and countenance priests, seminaries, and Jesuits now in Mounster. Jesuits and priests are now as bold as ever they were within the liberty of the Earl of Ormonde, and preach publicly, and for the most part the titular Archbishop of Cashell makes his residence at Carrigge, and they go very boldly without any fear in every place. My Lady Onora FitzGerald is never without some of the fathers of Rome and priests, and she gives the Romish Church a yearly stipend for the livings she holds and enjoys, by the said fathers permission and consent. The White Knight's late wife likewise receives the Jesuits and seminaries, and is very seldom without them. Indulgences and graces granted by our Lord and Holy Father Paul the Fifth of that name, to crosses, medals, and images hallowed by him at the request of the most excellent |