Tho. Butler, Earl of Ormond, and Ann his wife were both dead 7 H. VIII.

Ann the daughter, and Sir Geo. St. Leger her son, and Margaret and Sir Thomas Bullen her son, by indenture 10 H. VIII. made partition, and part of the land of the Earl of Ormond was allotted to Margaret and to Thomas her son. All the rest of the father's and the mother's land was allotted to Ann, and to Sir George St. Leger her son.

Ann St. Leger soon after died. Sir Geo. St. Leger had issue, Sir John St. Leger, and died.

Margaret became lunatic the same year, soon after this partition, and died. Sir Tho. Bullen had issue, Mary and Ann and died. Mary was married to Sir Wm. Carey, and Ann to King Henry VIII. Henry VIII, had issue by (Ann) Queen Elizabeth of blessed memory, and Ann died. Mary had issue, Henry Carey, Lord Hunsdon, and she and her husband died. Henry Lord Hunsdon did alien that part that was allotted to his ancestors, and had issue, Sir Geo. Carey, and died. Sir Geo. Carey had issue Elizabeth, Lady Barkley, and died. And Sir John St. Leger in the time of Queen Elizabeth aliened that which by the partition was allotted to his ancestors, and had issue, John St. Leger that now is. Queen E. died without issue.

The case is briefly this.

Two co-parceners were seized of lands in fee, of land in tail, and one of them had the use in fee of other land, part whereof descended unto them from their father and part from their mother. And in the 10 H. VIII. these coparceners made partition by indenture, and part of the father's land, and all the mother's was allotted to the other co-parcener. The one co-parcener had issue Queen E., and Mary to whom Henry Lord Hunsdon was heir. This Lord Hunsdon pretending title to that which descended to him, and to Q. Elizabeth aliened the same and died.

I take it that John St. Leger has good right to the moiety of the manors and hereditaments allotted to Tho. Bullen.

1. First; the partition is void, for a partition made of land in use is void and out of the statute 1 Ric. III.

2. Secondly; the partition is void, for that the land descended from two ancestors, and therefore there should have been no partitions, the one of the father's land, and the other of the mother's land, and so this kind of jumbled partition is void.

3. Thirdly; the issue in tail is not bound, for that the land did not descend unto him which was allotted unto his ancestors, and this is clear, though the partition had been equal.

4. Fourthly; the alienation of either co-parcener gave but what belonged to the alienor, as it should have been, if no partition had been made, and that is but the moiety of the land aliened.

5. Fifthly; the possession of the alienee, is a possession for the heir that did not alien.

6. And lastly; the Queen could not be disseised, and by consequence no more could her co-parcener, who did not alien. Pp. 2.

Vol. 607, p. 24.

227. WARDSHIPS.

UNCERTAIN DATES.

"All Earls, Viscounts, Barons, and gentlemen who hold of the King in capite until the ward have sued out his liberty and paid his primer seizin, his Majesty may dispose of his lands. And by a statute made in Ireland, Q. Elizabeth, no man can pass his livery until he first take the oath of supremacy; and if any lands fall upon A.B. as heir male, his Majesty may grant a custodium thereof, and the grantee may have a injunction out of the Exchequer for the possession which he may (thereby) retain until he redeem it as well by a good fine of primer seizin, as by taking that oath, and so sue forth his livery. Those custodiums were formerly granted by the Lord Deputy or the Lord Chief Baron in common persons' cases, but now the Court of Wards lately erected take hold of all wardships, noblemen's heirs excepted."

P. 1.

Vol. 619, p. 153. 228. A NOTE of such Maps of the kingdom of Ireland as are in the office of his Majesty's papers at Whitehall.

1. A great general map of the whole kingdom in "forrell," with the confines of all other countries about it done by hand. (2.) The province of Mounster done by hand also. (3.) The province of Ulster, and the five escheated countries, with the particular divisions of the lands of all the undertakers. (4.) Five books wherein are all the particular baronies of every county. 5. An old book of maps of Ireland that was my Lord Treasr. Burghley's.

The city of Cork.-The city of Limerick, Ulster, co. Tyrone, co. Kerry, Blackwater, Athenry, town of Dundalk and of Rowthes Castle. Fort of Duncanon, co. Limerick, Earl of Clancartie's country, lands to be divided between the Earl of Tyrone and Tirlagh Leanagh.

Copy. P. 1.

Vol 607, p. 128. 229. NOTE of the CHAUNTRY LANDS whereunto the King is entitled.

1. All colleges and chauntries whereof the King was founder, and are now dissolved, relinquished or whereof the priests or chaunters are all dead, are reverted and vested in the King as founder by the common law. 2. All colleges and chauntries of other mens foundation which are incorporate by letters

No year. 27th May. Vol. 619, p. 24,

patent which had license of mortmain, to whom lands holden of the King were given at any time since 18 Edw. I. which colleges or chauntries are dissolved, relinquished, &c., the same lands so holden of the King are now reported to the King by way of escheat by the common law and not to the donors. 3. The lands and tenements given to any religious or spiritual person and their successors, or unto any other person or persons to the use of any such religious or spiritual person without license of mortmain, of whomsoever the same is holden, the King is now entitled unto by the statute of 15 Ric. II., cap. 5., for that the mesne Lords have long since surceased their times limited by that statute. 4. But lands given to the feoffees to the intent with the profits thereof to find stipendiary priests to sing mass, or for the finding of any lamp or obit, or for other such like superstitious use, and not to the use of a religious or spiritual person that hath succession, is not within the compass of that statute 15 Ric. II. because if the land itself had been so given without license it had been no mortmain, but such uses being now unlawful, the feoffees stand seized of such lands to the use of the donors and their heirs; but if either the donors or their heirs, or the surviving feoffee or his heirs, have been attainted of treason (as many have been) the same will entitle the King to those lands also, 28 Hen. VIII., cap. 7., for entitling the King to the use.

230.

Endorsed by Carew.

Copy. P. 1.

A LETTER to the LORD PRIVY SEAL without any name. "Having served for the most part in this kingdom since the government of the Lord Grey ministreth cause of knowledge for to understand the managing of the affairs and services of the same. But finding now the general discontentments of the Irish nation grounded by the their wilful humours of disobedience deserving severe punishment, wherein the circumstances are now to be made known unto the Lords by the Commissioners now appointed by the Lord Deputy, notwithstanding I presume for to make known unto your Ll. their common speeches, consisting of one Act this Parliament so to be enacted tending to the perverting of their counchonces.* The establishing of that law gives power to tax them unto their utter overthrow. If I differ in opinion from the greater number of this Martial Council, they incline unto warlike discipline and I unto peace, the honour of his Majesty excepted. Their fortunes raised by the wars carries their inclinations still to assert that course as the best stay of maintenance. But I know that the prosecution of the Irish wars proves far more chargeable than any other service, for that the fastnesses and bogs enforce slow prosecutions, which causes the expense of millions of treasure. Desmond, one single traitor being prosecuted as I remember for the space of 8 years with an army of eight

* Consciences.

thousand, in the end was taken in his cabin by chance by eight soldiers, being severed from his camp. The Mores, Connors, and Brenes being but mountain rebels continued in longer rebellions. In which time I have seen corn sold at three pounds the peck, increased by the continual burning of haggards of corn in the fruitful parts of the English pale, whereby the charge of victualling grew equal with the charge of paying the army. The suppressing of Tirone's rebellions at the first being undertaken by Sir Wm. Fitz Williams then Deputy, but prosecuted by Bagnall then Marshal, hoping to be President of the North, by his persuasions he procured of Q. Elizabeth to command 4,000 soldiers to be pressed, and to be sent into Ireland to banish that traitor, then, as I remember not being in rebellion but suspected, which prosecution I refer to your remembrance. The Irish rebellions spring up suddenly upon small occasions, their execution is sudden, and the event desperate. The Lords, gentlemen, and the commons of the Irish race are now grown into one faction, alleging that they will submit their heads to the block, rather choosing death, than to live and see the calamity of their fortunes like to ensue. In times past I have seen great Lords carrying shew of obedience when all their followers were robbing, and in rebellion. That was the fashion. Writing these things but for notes, humbly referring them to your consideration, I am persuaded that the summoning of this Parliament might have been some longer time deferred, to the end the plantation of both the nations might have received fuller settlement. "The Lower House of Parliament, of the English consisting the most part in martial men, some officers, and clerks and others very young, and the most part wearing rapiers, which I think surprised some of the Irish, with fear," I presume to make known to you, notwithstanding they were wilfully bent, the disposition of the commissioners. The earl of Tomont is in all employments one of the most faithful of his rank, and the best inclined to his Majesty's service of any that I know in this kingdom, but violently bent to advance the discipline of war which has advanced his fortunes. The Master of the Ordnance is ambitious, and of so high spirit, that I think his humour will lead him into some opinion of revenge. He is tempted by the great store of munition that should be sent, and the carts for transporting, which are his perquisites. The Lord Chief Justice of the King's Bench here is very worthy to be employed in these weighty affairs.

I do not know whether I have been more tedious than is fitting by my former letters.

Dated 27th May.

Copy. Pp. 2. No signature.

Addressed: The Lord Privy Seal.

Vol. 602, p. 83.

231. The EARL of NORTHAMPTON and the " Act of Absentees."
"*
Thomas Howard, Duke of Norfolk, being seized of sundry
lands in Leinster, which descended to him from his ancestors,
was dispossessed by an Act of Parliament passed in Ireland,
28 Hen. VIII., named "The Act of Absentees," by which all his
lands and those of the Earl of Shrewsbury, Lord Bartley, and
others were given to the Crown, because he and his said com-
partners were absent and demeurant in the realm of England;
"and seeing no defence to maintain and preserve their do-
minions in Ireland, but permitted in the rebellion of Th. Fitz
Gerald, son and heir to Gerald, Earl of Kildare attainted,
and his accomplices to enter into the possessions for want of
defence, for six months (for the rebellion continued no longer),
in which time the King was fain to send an army royal into
Ireland to recover the said lands, and for the overthrowing of
the said Thomas and his accomplices, and the adopting of the
said possessions from the said rebels." Notwithstanding this
the Earl of Shrewsbury had lands in exchange there for
those in Ireland taken from him. Most of the forfeited
possessions passed from the Crown to private persons, to
some in fee simple, to others in fee tail, to others in fee
farms, and otherwise, so that the Crown obtains little revenue
from them. It is therefore requisite that the Earl of North-
ampton should beg all those possessions of his predecessors,
forfeited by the said Act, by new grant from the King
to be confirmed by Parliament. The said possessions are of
the yearly value of 1,000l., and are held by private persons
for small considerations or none at all. If they be resumed
the tenants cannot be greatly indemnified, considering what
commodities they have gained since the time of their grants.
Upon obtaining them, the Earl may acquire sundry forts and
places, which it is unsafe to leave in the hands of the present
possessors. If the Earl should be pleased hereafter to exchange
them for possessions in England, the Crown would gain
1,000l. a year at least in rent. The Earl of Shrewsbury had
that exchange because his estates in England were of far
greater value than those in Ireland, and it was not requisite
he should reside upon his lands in Ireland. Another cause
was that the rebellion continued so short a time that he had
no time to send defence to his possessions, as the rebels were
soon suppressed by the King's forces. This is the Duke of
Norfolk's case also. Sir Garrate Almere, Chief Justice of the
King's Bench in Ireland, was "the cause of this Act, in spleen
to the Earl of Shrewsbury who was his mortal enemy. If his
Lordship (Northampton) affect this or purchases in Ireland he
shall be instructed in matters of great moment both of that
nature and others, that concern the avayle of the Crown."

* Apparently a proposition to be made to Northampton.