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Copy. Pp. 6.
Vol. 616, p. 131. 207. TO THE KING's PRIVY COUNCIL.
Petition of the mayor, sheriffs, and commonalty of the city of Cork in Ireland:-That whereas Henry III. did grant unto the citizens by charter under the Great Seal of England that they should hold the said city in fee farm, paying therefor 80 marks yearly, Edw. IV. considering that the said city had 11 parish churches and large suburbs at the time of the reservation of the said fee farm, which were afterwards burnt and destroyed by the rebels, whereby they were disabled to pay the said fee farm, did by his charter under the Great Seal of England, anno 2, pardon the said fee farm, since which time the petitioners never paid the same. And as before that time the same had been long in arrear by other charters, the arrearages thereof were also pardoned; and in lieu of the ancient fee farm of 80 marks, there was 20 pounds of wax yearly appointed to be paid, which ever since have been accepted by the King's progenitors, whose charters have been in the sixth year of the King confirmed and enlarged. The King being lately informed that the said fee farm of 80 marks was due and detained from him by pretext of some reducement thereof by other charters to the said 20th of May, by his letters in February last did require the Lo. Deputy to take order that 40 marks of the said fee farm should be put in charge, and the other 40 should be granted to Sir Dom. Sarsfeld, Kt., Chief Justice of the Court of Common Pleas in that kingdom, and his heirs. The petitioners pray that, forasmuch as the said fee farm of 80 marks was pardoned by K. Edw. IV. as aforesaid, and that the city is so decayed as that it now consisteth of 2 parishes, and that the King, anno 6, had resumed the customs of the city, the Council will be pleased to urge that the King directs his letters to the Deputy, requiring him to take order for continuing the
said fee farm of 20 lbs. of wax and discharge the petitioners of the 80 marks as well against the King's successors as Sir Dominick Sarsfeld and his heirs. And for the King's better satisfaction, whether the fee farm of 80 marks be in law discharged by the said charters or not, you will refer the consideration of the validity of their charters, which are ready to be showed, to the Chief Justice or Mr. Baron Denham.
27 Sept. 1618.—The Lords having heard this petition read at the board, thought fit to refer the same to the Ld. Chief Justice of England, Ld. Chief Justice of the Common Pleas, Mr. Justice Winch, Mr. Baron Denham, calling to them the King's Attorney-General or Solicitor-General to peruse the charters of the said city, and to report unto them whether the said fee farm be discharged or not.
15 Oct. 1618.
Upon view of the charters granted to the said city, and upon hearing the learned counsel on both sides in the presence of Mr. Solicitor-General, we are of opinion that the ancient fee farm of 80 marks and arrearages thereof are clearly discharged and only chargeable with 20 pounds of wax reserved by subsequent charters.
Signed: H. Montague, H. Hobart, H. Winche, Jo. Denham, C. Edmondes.
Copy. P. 1. Endd.
Vol. 607, p. 209, 2O8. AN OPINION touching the taking of the possessions of such
lands and castles as were by his Majesty awarded to the L. Dingwell, 1618.*
By his Majesty's award, not to be contradicted, the Lord Dingwell has a proportion of lands (which appertained to the late Earl of Ormond) allotted unto him in the right of his lady, heir general to her father. Although the King has dealt graciously with the now Earl in leaving him a larger extent of land and revenue than to the Lady Dingwell, yet it is conceived he takes it to heart. Whereupon it may be doubted that in delivering the possession of the lands and manors awarded (though the Earl be faultless), yet some accidents by the ill affection and stubborn forwardness of his followers) may chance to fall out to produce consequences of great mischief. That a possession in Ireland has been detained by force, yea, when the proprietary of the same has willed his servants to deliver it, has been often seen, for so did the old Earl of Clanricard's followers refuse to deliver a castle of his, the Earl and the Lord Deputy both being then present and urging it. This obstinacy is frequently used, and arises out of an opinion, which every follower in that county holds, that he himself is interested in
* In Carew's hand.
his Lord's fortunes; and to preserve the estates either for their
Copy. Pp. 3. Endorsed by Carew.
1618. Vol. 607, p. 179. 209. The now EARL of ORMOND's TITLE to the possessions of the
late Earl of Ormond, and to the possessions of Theobald, late Lord Wiscount Tully.
The said Earl of Ormond as heir male of the body of John Butler, third brother to the late Earl of Ormond, by several conveyances here following, and by a codicil annexed to the late Earl's will, is entitled to the inheritance of the manors, lands, &c., of which the late Earl was seized at the time of his death, which several conveyances were made by the advice of Sir Nicholas Welsh, then Chief Justice of the Court of Common Pleas in Ireland, and Sir John Everard by the direction of the late Queen, approved by his Majesty; and also to the possessions of the late Wiscount Tully. The manors of Kilshelan, Kilfeacte, &c., in co. Tiperary, conveyed by a deed of ffeofment, dated 38 Hen. VIII., by Joan, Countess of Ormond, sole daughter and heir to James, Earl of Desmond, in her viduity to divers persons in fee to the use of herself during life, and after to the use of the late Earl, her son and heir, and the heirs males of his father, which is the now Earl.
The Answer.—The deed is not in the book of evidences, and has never been showed us. The limitation of the use to Thomas and the heirs males of his father is no good title in law to the now Earl.
The manors of Kilkenny, Balligawran, Dunfort, and divers of her manors, &c., in co. Kilkenny. The manors of Carrick McGriffen, Killenall, Thurles, and divers other manors, &c., same co. The manors of Rathvill, Tullaghophelym Arclo, and divers others in co. Catterlagh. The manors of Dumbard Island, in co. Wexford. The manors of Oughterard, Castle Warning, and divers lands, &c., in co. Kildare. The manors of Ruish, Balliscadan, &c., in co. Dublin. A house in Dublin conveyed by the late Earl of Ormond and others by a deed of feofment, dated 19 March, 45 Eliz., unto Sir Nich. Welsh, Sir John Everard and others, and their heirs, to the use of the said Thomas, Earl of Ormond, and the heirs males of his body, and in default thereof to the use of Sir Walter Butler, the now Earl, and the heirs male of his body.
The Answer.—Before this conveyance of 45 Eliz. the Earl Thomas, by a deed made 1 Sept., 1595, 37 Eliz., and by several fines and recoveries, 41 Eliz., and by another deed made 10 Nov. 1599, 41 Eliz., did convey these lands to the use of himself, and heirs males of his body, the remainder for part thereof to the use of the Lady Elizabeth his wife for life, and after her decease to the use of the Lady Dingwall, and the heirs of her body, and for all the residue for default of issue male of the body of the said Earl to the use of the Lady Dingwall, and the heirs of her body, with divers remainders over, which estate of the Lady Dingwall cannot be barred or discontinued by the said feofment made by the said late Earl 45 Eliz.
The manor of Grenagh and divers other in co. Kilkenny. The manor of Bivolick and divers other in co. Tiperrary. Town and lands of Gurtyntynne in co. Waterford, conveyed by the late Earl of Ormond, and other by a deed of feofment, dated 7th Sept., James to Sir Nich. Welsh and divers others, and their heirs, to the use of the late Earl, and Dame Ellen, Countess of Ormond, during their lives, and after to the use of the heirs male of his body, and in default thereof to the use of Sir Walter Butler, the now Earl of Ormond and the heirs male of his body. The Answer.—For all these lands we make our title by the said deed of 37 Eliz., and by the deed and fines and recoveries of 41 Eliz., ut supra. The manors of Kilshelan, Lisronagh, Kilfiecle, Corkehenny, alias Tamplemore, and divers other, in the co. Tiperrary, and certain lands in co. Waterford. The manors of Damagh, Ballicallan, Kilmanagh. The towns of Kilmc., Oliver, Melamore, and others, in co. Kilkenny, conveyed by his Majesty to Walter Lawles, and his heirs, by letters patent, 19 May, 6 Jac., and after conveyed by Thomas, the late Earl, and the said Walter Lawles, by a deed of feofment dated 14 Jan., 6 Jac, unto Sir Nich. Welsh and divers other and their heirs, to the use of the said late Earl, and the heirs male of his body, and in default thereof to the use of Sir Walter Butler, the now Earl of Ormond, and the heirs male of his body. The Answer.—This was a patent upon defective titles, but the Lord Dingwall saith that the land was the Earl Thomas’, and passed by the fines and recoveries and deeds of uses as the rest are, whereof his lady is entitled ut supra.
The manor of Clonmell in cos. Tiperrary, Waterford, Callan in co. Kilkenny. A house, orchard, and garden in the town of Clonmell, parcel of the possessions of the late dissolved monastry of Clonmell, conveyed by his Majesty to Walter Lawles, and his heirs, by patents 19 May, 6 Jac., and after conveyed by Thomas, the late Earl, and the said Walter by deed of feofment, 15 Jan., 6 Jac., to Sir Nich. Welsh & others, & their heirs, to use of the said late Earl, and Dame Ellen his wife, and to the heirs male of his body, and in default to the use of the Sir Walter Butler, the now Earl, and heirs male.
The Answer.—This was also a patent upon defective titles, and the lands passed by the fines and recoveries and deeds of uses as the rest, whereof the lady is entitled ut supra.
Brittas and other towns, &c., in co. Kilkenny. The moiety of the friary of Clonmell, Bealacomiske, and other towns, &c., in co. Tiperrary, Island Iverisk, and other lands, &c., in co. Waterford, conveyed by Thomas, late Earl of Ormond, and others by deed of feofment, 3rd Dec., 11 Jac, to James Butler and others in fee to the use of the late Earl and Dame Ellen his wife, and the heirs male of his body, and in default to the use of Walter Butler, &c.