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plantation, by warrant from the Deputy, with a limitation of the time of that liberty.
That every ancient pretended possessor who shall be now made a freeholder, shall depart with at the least a fourth part of the land, he formerly possessed, for the accommodation of the plantation, besides a ratable proportion towards the compounding of the two rents before mentioned of Sir Nicholas Malbye and Sir Francis Shane. That every undertaker and native shall content himself to enjoy his proportion, according to the number of acres laid down by the now admeasurement, without any questioning of old. That every undertaker and native shall be bound that his under-tenants shall build together in town reeves, with a nomine poenae for those that shall suffer their tenants to build dispersedly.
That the natives may be tied with a proviso of forfeiture not to sell their lands in fee simple or fee tail, or lease them above 40 years, or three lives, to any of the Irish, lest the old Lords should grow great again, and likewise not to enter in action of rebellion.
That the state may have power to place such of the inferior natives of the country as shall not have lands allotted unto them, upon the lands of any undertakers or natives who are to have leases for terms of 21 years, or three lives, at such reasonable rents as shall be set down by the Lord Deputy and Council, whereby such as cannot be made freeholders may be provided where to remain.
That every undertaker and native be bound to sow yearly a quantity of hemp, according to his Majesty's direction in that behalf, and that proportionably according to the quantity of such man's proportion.
That the Lord Deputy may be warranted to grant a quantity of land to each parish church, for the bettering of the livings of the poor incumbents, as was done in Wexford.
That a corporate town may be established in some convenient place within the plantation, and 100 ac. be allotted to the burgesses that shall undertake it, with a warrant to make a grant of a corporation with such name and such immunities and privileges as were granted to the new corporation in the escheated lands of Ulster, and that some land may be allotted for the maintenance of a free school.
That the natives be tied by a proviso of forfeiture neither to take upon them the name of O’Farrall, nor set up or maintain that name by giving of rent, cutting, or service, nor divide their lands by gavelkind. That the whole charge of admeasuring the county, and other necessary expenses for the finishing and settling of those lands, may be borne by the undertakers and natives by equal contributions.
Copy. Pp. 6.
1618. October 3. 199. The Award which his Majesty made between the Earl Vol. 613, p. 31. of Ormond and the Lady Dingwell, by Indenture
Tripartite of Award.*
Whereas divers controversies have been moved between Sir Walter Butler, Kt., Earl of Ormond and Ossory on the one part, and Sir Richard Preston, Kt., Lord Dingwall, and the Lady Elizabeth his wife, sole daughter and heir of Thomas late Earl of Ormond, touching the title and use of the manors, &c. which were of the late Earl Thomas in Ireland, whereunto the said Lord Dingwell in right of the said lady, and the said lady in her own right, pretends title by inheritance from the said Earl Thomas, and the now Earl pretends title to the same, as heir male by entails formerly made thereof; and concerning other lands which were Theobald Butler's, late Lord Wiscount Butler of Tulleophelin, late husband of the said Lady Elizabeth, in use or possession; and concerning other lands enjoyed by Lo. Dingwell in right of his lady, and by her in her own right, by estate derived from the late Earl; and concerning other lands which the now Earl has in possession by pretence of conveyances from the late Earl Thomas; and concerning certain debts of the said Lord Wiscount which the now Earl has undertaken or stands engaged to pay by reason of certain articles of agreement made between the late Earl, the now Earl, and the Lady Elizabeth in her widowhood; and concerning the evidences, charters, and writings that concern the said manors, lands, &c., or the use of them or any of them. We, of our disposition to plant and settle peace and amity between the parties, the one being heir general and the other heir male of an ancient and noble family in Ireland, have at their suit, notwithstanding our other weighty affairs, been contented to take this burthen upon us, to mediate a quiet arbitration of the controversies. We, therefore, out of our desire to have a firm peace fixed between parties so near in blood, and to prevent the wasting and decaying of the large possessions of the late Earl, which would ensue by multiplicity of suits, and considering it to be an act of piety to appease these controversies, have manifested our intention to proceed by all the ways and degrees we could, to have the true merits of the cause on both parts, as well for matter of fact as for matter of law to be discerned; to which end we commanded our learned counsel, by exact examination of all deeds, wills, and other evidences concerning the estate and possessions of the late Earl on both sides to be produced, to instruct themselves and inform us truly how, upon what considerations, and when the same or any of them were made and perfected, that thereby we might know whether the same depended upon clear or doubtful points in law. They having waited upon us, and let us to wit, by writing under their hands, that there were diffi
* In Carew's hand.
culties in law arising upon the conveyances of the late Earl, which being by him multiplied in his later time, some of the assurances were divers and various in themselves, and thereby left an uncertainty of his intent how much of his inheritance and of what estate he meant to the said Lady Elizabeth or to the said Walter now Earl:—We, therefore, for better preparing our judgment in matter of law, have taken the advice of three of our principal judges, whom we commanded to hear both parties and their counsel at as great length as if the same had been publicly and judicially heard at the bar. And having found by their report the main questions so disputable, as some of them held that Lady Dingwall's right to five of the manors contained within the fines and recoveries levied
and suffered in the late Earl's time, viz., the manors of
Carick, Thurles, Kelkenny, Callin, and Grenaughe to be clear
Elizabeth and the heirs of her body and her feoffees in trust
lands, &c. be enacted and established by our Parliament to be
Signed : Younge and Pye, ex per H. Yelverton.
October 13, 200. THE GLYNNES.
“The seven troohes or cantreds of the Glens were called “ by the people that inhabited them Dalriada, of one of “ which cantreds was the island of Rathroin. St. Co“lomb concluded a peace between the men of Ireland and “the men of Scotland concerning Dalriada, for the men of “Scotland affirmed that they were descended of Chabri“righoda, the son of Conure, of whom the gentry of “Dalriada was also descended, and that the King of Ireland “ought not to contend with them, because they were of the “same house. The men of Ireland alleged that the land “wherein they were was theirs, and that they must deliver “ them the seigniories, duties, and chiefries of their land. “Columbanus, the son of Connhgkeallain, came to St. Colomb, “ of whom St. Colomb prophesied before, when he was going “eastward, that it should be Columbanus that should pass “a judgment betwixt the men of Ireland and the men of “Scotland concerning Dalriada. As we have said before, “ St. Colomb was requested to pass that judgment; and he “ said that judgment was not to be passed by him but by “Columban, who judged it thus: that then rents, duties, and “rising out to service should be to the men of Ireland, “ because that rents and services follow the land, meaning “ that it is due to those that owned the land, whereof he “made a verse or two to verify the judgment, which signifies “ that forces for the land and fleets over the seas always “his judgment without malice or price or recompence for “killing of any of his kindred." And he judged also that