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1613.

Vol. 600, p. 51. 147.

of that party appeared. And so the rest being the Protestants and the greater party, presented Sir John Davies, their Speaker, unto the Lo. Deputy sitting in the Upper House with the lords. Whereupon his Lordship did first demand of all the Commons who presented Sir John Davies, whether they were the greater number of the House, and whether they were all agreed that Sir John Davies should be their Speaker, who answered with one voice that they were the greater number, and that they had all agreed that Sir John Davies should be their Speaker. Whereupon after the Speaker had made a modest speech, his Lordship gave his approbation of the election, then the Speaker made a larger speech touching Parliaments, Common Councils, and former Parliaments holden in this kingdom, and by way of comparison did show how much this Parliament did excel all the former as well in respect of the felicity of the time wherein it is called as of the number and worthiness of the persons that are called into it. And this is the effect of that which was done the second day of the sitting being Friday the 21st of May.

Barnaby Brian, Tho. Ridgway, Rich. Wingfield, Oliver St. John, Ol. Lambert, H. Power, Fran. Rushe, Fran. Barkley, Ro. Digby, Toby Caufeild, Ad. Loftus, Garrett Moore, John King, Jhon Byngham, Chr. Sibthorpe, Blenerhassett, Tho. Beare. Rob. Jacob, Da. Pecke, Hen. Foliett, Wm. Usher, Rich. Boyle, Tho. Rotheram, Edw. Blayney, Roger Jhones, Jhon. Bourchier, Arth. Bassett, Fra. Annesley, Edw. Moore, Faythfull Fortescue, Jo. Vaughan, Henry Pierce, Ed. Skory, Geo. Sexton, Geo, Carye, Maurice Griffith, Hugh Culme, Rich. St. Jhon, Tho. Bellott, Jhon Hamelton, Wm. Crofton.

Copy. Pp. 9. Endorsed by Carew.

In Carew's handwriting. A NOTE of the LORDS and RECUSANTS in the HOUSES of PARLIAMENT that were the principal disturbers of the same. At Dublin, in the year 1613.

Lords:

Viscount Gormanston.-Forwardness in delivering petitions, contesting when he should attend the Deputy to church, his misbehaviour to the Deputy at the time of the Powder treason, his contention with the L. Barrye in presence of the Ld. Deputy.

Viscount Roche.-Forward in delivering petitions, present at all consultations.

Lord of Delvine.-Assisting at all consultations,-turbulent, unmindful of all his Majesty's great favours towards him.

Lords of Trimleston and of Slane.-Busy and violent.
Knights:-

Sir Walter Butler.-Chief in putting Sir John Everard into the Speaker's chair, and in preferring the first slanderous peti

1613.

Vol. 670, p. 176. 148.

tion against the House. His behaviour in Kilkenny when that town was in rebellion against the King.

Sir Danyel Bryen and Sir William Burcke.—Their holding Sir John Everard in the chair and resisting those that were putting the Speaker into the chair.

Gerald Nugente.-Busy, and one of the preferrers of the first slanderous petition.

Sir John Everard.-Unlawfully usurping the Speaker's chair; contending when he was advised and prayed to come out of it; holding himself as Speaker.

Sir Chr. Plunkett.-A chief ringleader and countenance of the first disobedience, naming Sir John Everard to the Deputy to be Speaker.

Sir Chr. Nugent.-Another ringleader and a countenance of the first disobedience; a procurer of others to disturb the Parliament by false informations.

Sir Thomas Burcke.-Busy in maintaining Sir John Everard in the chair, and resisting those that were placing the rightful Speaker in it.

Sir James Gogh.-Busy and forward in disturbing the Parliament by speech and writing.

John More.-Close and ill-disposed.

Mr. Talbot. Their chief oracle for law in the head of the petition. He termed the House no House, and the Speaker no Speaker.

Richard Waddinge.-A known malicious Papist, undutiful speaker to Sir Nicholas Walshe; busy in the Parliament; a man excommunicated and heretofore deprived of his mayoralty for refusing the oath of supremacy.

Boetius Clancy.-Busy and forward in delivering two petitions.

Thomas Luttrell.-Turbulent and seditious in the House, preferring a petition to the Ld. Deputy in an undutiful manner, uttering disloyal words as if it were in the power of him and his renowned company to judge of what members the King was served in the house, and what not. His undutiful behaviour and seditious comparison with my Lo. of Thomond in the presence of the Lo. Deputy.

Copy. Pp. 2. Dublin, 1613.

The STATE of the EARL of UPPER OSSERIE'S Lands in
Ireland, 1613.

King Harry the Eighth created Barnabie Fitzpatrick Lo. Baron of Upper Ossery to have and to hold unto him and heirs males. Barnabie Lo. Baron died, leaving issue Barnabie and Florence, which Barnabie inherited his father's title and possessions by descent, and died without issue male. Florence (the second son), by death of his said brother, succeeded, and still enjoys that title and inheritance. The said Florence

1613.

hath issue Teig and John, with many other sons. Teig is in life a weak and sickly man, and had issue Barnabie, (now complainant,) and three other sons. John, the second son of the now Lo. Baron, not content with a good estate of his father's purchased lands, does by practices endeavour to supplant Teig, his own eldest brother, and Teig's issue: first of the very title of honour, if the same were not inherent inseparably by birthright unto Teig and his said issue male. Then the said John observing that the honour may not be transferred to him from the heir, won his father to assure unto him all the ancient lordships, manors, and lands appertaining (time out of mind) to the heir of the said house. After (to strengthen his said pretence) he caused his father to take out all the said lordships and lands from the late Queen to himself, the said Lo. Baron, for life, after to John by limitation of remainder in tail, and so to the younger sons in remainder, and excluded Teig and his children from their possibility and rightful expectation. In these letters patent the ancient rents and customs yielded to the house by the freeholders are reduced to a certain rent, and appointed to the said John, after his father's decease, in remainder as before, and so nothing is left unto Teig nor his sons in demesne or services but the bare title of Lord Baron.

John (to fortify these assurances) wrought of late the freeholders to pass all their inheritance unto himself and his heirs, promising to surrender the same, with all his father's said lands and tenements, to the King, and to take them out by letters patent, and then to re-estate the freeholders in their several possessions respectively, reserving to himself and his heirs the rent due to the house.

After this assurance obtained, he, the said John (at Council table) desired to be admitted to his surrender of the premises. The state of the case being laid open to the Lo. Deputy and Council, John was reproved for the subversion of the house and supplantation of his said brother, and was willed to deliver in a particular of those things which he proposed to surrender, whereby the ancient possessions of the house in demesne and services might be omitted.

This particular is not entered by John, and therefore the passing of his surrender is stayed by the Lo. Deputy and Council until the King's pleasure shall be signified touching the premises.

Upon the patent got out by Florence, the now Lo. Baron, in the Queen's time, no surrender was made, and Patrick Crosbie (who was the chief instrument and procurer of the said patent) left upon his deathbed that the same was rather procured as an in terrorem than otherwise to disinherit Teig the eldest son and heir.

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Vol. 600, p. 225. 149.

Teig, eldest son to his
father, and disinherited
by his said father from all
his lands and possessions, so as
he is to be a baron

without land.

Barnabye FitzPatricke.
Copy. Pp. 3.

John, unto whom his

father has passed as well
his purchased lands as his
ancient inheritance; so as nothing
is reserved for his
eldest brother.

Three sons more, all living.

BRIEF RELATION of the Passages in the Parliament summoned in Ireland in 1613.

Ireland standing in the state it does, is worthy the consideration to examine the probabilities like to ensue, and to provide timely remedies against future events, for the face of this Parliament now prorogued threatens ensuing mischiefs. The occasion of the distemper which now appears to be in the natives of that realm, is not as a mucheron (mushroom) of a night's growth, but is rooted in their hearts for many years past. In the latter end of Q. Elizabeth's reign they were no less obstinate in the Romish religion than at this present, as did appear in all the past rebellions, but her many years promising a hope of change (as they conceived), advised the wiser sort to patience, and to cover their ill affections, until no hope was left. Since his Majesty's happy reign over us, they have unmasked themselves, and by an unanim consent are resolved to leave no means unsought to work their ends, taking unusual and undutiful courses to effect the same.

Upon the first report of Q. Elizabeth's death, the citizens of Waterford, Cork, and Limerick, &c., took arms, banished the ministers out of their towns, and in their rooms massing priests were placed, divers of his Majesty's good tenants and subjects were imprisoned, officers of the army and of justice contemptuously used, the magazines of munitions and victuals seized upon and converted to their own use, forts razed, sundry of his Majesty's soldiers slain; and to be brief, nothing was left undone that in their malice and weakness they

1613.

Anno 1 James.

were able to effect. But this storm (as soon as the L. Deputy presented himself with an army before their walls) was appeased, and not long after land, yea, more liberties and immunities, were granted unto them than formerly they had. Finding that forcible means was not the way to attain their designs, they attempted the same in a more humble manner, and presented unto his Majesty at Hampton Court (by the hands of the fugitive traitor Tirone) a petition subscribed by all the principal men of that kingdom then in England (the Earl of Thomond excepted), the substance of which was a free toleration of religion, which being by his Majesty rejected, and thereby they left in despair of success, treason entered into their hearts. The plot was to kill the L. Deputy and Councillors of State, to possess themselves of the castle of Dublin, where the records and magazines of arms and munition remain, and then to declare themselves in overt rebellion, hoping to obtain that by force which by petition they could not do; and to back this enterprise a person of that realm was sent to the Archduke to solicit aid.

The discovery of this treason moved Tirone, Tirconnel, and some other of their accomplices to run out of Ireland. A peer of that realm, their associate, was taken prisoner, whom his Majesty in his clemency pardoned. The next attempt, which was but a branch of the former, was the rebellion of Cahir O'Dohertie, but a happy shot which smote him on the head ended that business. By the flight of Tirone, Tirconnel, &c., the rebellion of O'Doghertie, and the traitorous juggling of Sir Neale O'Donnell, O'Cahan, and others, six entire counties in Ulster were escheated. There was no reason of merit to move his Majesty's charity towards them; nevertheless the King left them not unprovided, everyone according to his quality having land assigned unto them. But neither the faiting (defeating) of those traitorly projects, nor yet his Majesty's gentle hand in restraining his ministers from the execution of the laws in matters of religion, nor the benefits they have received of his bounty, hath gained their love or humbled their obdurate hearts, for they are not contented with the

In margin. The places :-
Ballifaunye, in Westm.
Kilconel, in co. Galway.
Rosanol, in co. Mayo.
Butevant, in co. Cork.
Kilcrea, in co. Cork.
Timolog, in co. Cork.
Quin, in Thomond.
Ferierloghe, in Desmond.
Kilkenny City.

connivance used (no man being busked for his conscience); but as it were in contempt of the laws and government in divers parts of the kingdom, yea, in the English pale, they have re-edified monasteries, wherein friars publicly preach and say mass, and the cities, towns, and country swarm with priests and Jesuits more than in former times, and in the fields seditious sermons are daily preached, whereunto thousands resort. They are grown so bold that they do not only exercise their religion almost in public everywhere, but defend the same even in the face of the State. Against the oath of supremacy to be tendered unto justices of the peace, mayors, sheriffs, bailiffs, and other public ministers, which by

Waterford City and elsewhere.

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