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Vol. 600, p. 20.

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two years space. That his fee farmers, lessees, &c., shall build in the vicinity of each other. To have ready in his house, 12 muskets and callivers, 12 hand weapons for the arming of 24 men for defence, 600 acres in demesne, and right to alien all the other premises.

Conditions in the patent, viz., no undertaker or his assigns shall at any time alien or demise any of his lands to a meer Irish, or to any who will not take the oath of supremacy, either before such alienation or demise, or within one year after, upon pain of forfeiture of the parcel so aliened or demised. Endorsed by Carew.

Copy. Pp. 2.

A TRUE DECLARATION of the PROTESTANTS of what passed the day before the beginning of the Parliament the first day and the Friday following, in the Lower House or Chamber in Dublin.

Upon the 17th of May, being the day before the return of the writs of summons for this present Parliament, and the last day of Easter term, the Lo. Deputy being informed that divers persons were like to intrude themselves into the House of Commons, who were not returned, either as knights or burgesses, to prevent all such disorder and inconvenience that might ensue thereupon, did first in the forenoon of the same day cause proclamation to be made in all the King's courts at Dublin, that all such as knew themselves to be returned for knights, citizens, or burgesses of this Parliament, should about three of the clock in the afternoon of the same day attend his Lordship and the Council in the castle of Dublin; at which time, the greater part of those who were returned gave their attendance accordingly. Hereupon the Lo. Deputy and Council, taking seats in the open court of the castle, caused the clerk of the Crown of the Chancery, into whose office all the writs of summons were returned, to bring a book of the names of all such knights, citizens, or burgesses; to call by name all such; which being done, his Lop. took a view of every particular person then appearing, and immediately caused solemn proclamation to be made, that none should presume to come into the House of the Commons but such as were returned as aforesaid.

The next day being the first day of the Parliament, the knights, citizens, and burgesses being assembled in a void room between the upper and lower house of Parliament, the Deputy with the Lords Spiritual and Temporal, being set in the Upper House, before his Lordship would admit the Commons to enter to hear the Lord Chancellor's speech, he caused them all to be called again by the clerk of the Crown's book, and thereupon as many as did appear were admitted; where the Lord Chancellor's speech touching the calling of this Parlia

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ment being ended, the Lo. Deputy, spake and willed them that they should repair unto the Commons House, and there make choice of their Speaker, whom he would have to De presented unto him upon the Friday next following. His Lordship did not intimate unto them that his Majesty had by letters required him to recommend to their election a gentleman sufficient in his Majesty's opinion, and whom he himself would have commended to that place, if his Majesty had left the nomination to him. Howbeit his Lordship did not then name the gentleman, but said that some of the Privy Council that were members of that House knew his Majesty's pleasure in that behalf, and left it to them to name him when they should be assembled to elect the Speaker.

According to that direction they immediately departed into the House of the Commons to make choice of a Speaker; where, having taken their places and sitting quietly some time, Sir Thomas Ridgway, Baronet, Vice-Treasurer and Treasurer at Wars, and one of the Privy Council of this realm, rose up, and after some expressions of joy to behold an assembly of so many worthy knights and gentlemen in a Parliament in this kingdom, declared that the first thing they were to do was to choose a Speaker; and having expressed at large, with what gifts and abilities the person fit for that place should be qualified, he named Sir John Davies, Kt., Attorney General for this kingdom, being one of the serjeants-at-law in England, to be the fittest person to supply that place, and signified that he was the man whom the Lo. Deputy had intimated to have been recommended by his Majesty, who was to approve or disapprove the person elected; which speech being ended, the greatest part of the house, with a general acclamation, gave their voices for Sir John Davies. Thereupon Sir James Goughe, Kt. stepped out of his place disorderly into the middle of the house, and offered to make a speech there, but being willed by the house to go back into his place, and there to deliver what he had to say, he made a speech nothing pertinent to the matter, which was the election of a Speaker, but alleged that such persons as were returned for the boroughs newly erected, and such others, as were not resident and dwelling in the boroughs for which they were returned, were not members of the house; and therefore he thought it fit that matter should first be examined and decided, before the house proceeded to the election of a Speaker; but concluded nothing to the point in question, until being demanded for whom he gave his voice, he named Sir John Everard, who was sometime a justice of the King's Bench, but being an obstinate recusant was by the King's special direction deposed and sent from that place.

His speech was seconded by Sir Chr. Nugent and W. Talbotte, who was some time Recorder of Dublin but displaced for refusing to take the oath of supremacy, who moved the house that before they proceeded to an election of a Speaker they would purge the house of such as were not lawfully called

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hither. Then Sir Oliver St. John, Knt., Master of the Ordnance and one of the Privy Council, rose up and told the House that he had been a member of the House of Commons in sundry Parliaments in England, and that by his experience he knew the course to be, that first a Speaker should be chosen, and afterwards the house should nominate a select number of committees to examine all questions arising upon returns of sheriffs; and, therefore, though that motion of the gentleman, who spoke last was just and reasonable, if it had been made in due time, yet the house must first make choice of their Speaker, before they could nominate the committees: That after the Speaker should be chosen, and the committees appointed all questions that could be made upon the returns of sheriffs should be examined and decided to their satisfaction. And then approaching what was first spoken in commendation of Sir John Davies, touching his fitness to supply the place of Speaker, &c. he gave his voice for him; whereupon there was a confused acclamation, some naming Sir John Davies, and others Sir John Everard, yet by those few which named Everard, nothing was said in commendation. To the intent there might not be any more time spent in impertinent motions Sir Oliver St. John added these words: "Gentlemen, the voice of Parliament is to decide controversies by questions, and questions by numbering of voices, and for the trial thereof I know by experience that they who are of the affirmative part are to go out of the House to be numbered, and to leave those that are of the negative part to be numbered within the House." And, therefore, to bring this controversy to the true point of trial he said: "All you that would have Sir John Davies to be Speaker come with me out of the House;" and thereupon Sir Oliver St. John and the rest that gave their voices for Sir John Davies, (which were the greater number and all Protestants) went into the next room appointed for the division of the House, that those that remained within and those that went out might be severally numbered.

The division being thus made, Mr. Treasurer and Mr. Marshal (being two that went out of the House) moved Sir Chr. Plunkett and Sir Chr. Nugent being within, to join with them in numbering both, which they utterly refused to do, knowing the number that gave voices for Davies to be greater. Then Mr. Treasurer and Mr. Marshal made offer to number them that were in, which they perceiving rose up out of their places, and gathered themselves together in a "plumpe," to the end they might not be numbered. Then Mr. Treasurer and Mr. Marshal passing again out of the door, to the end they might number those without, the door was suddenly shut after them; and instantly those that were within, not pursuing the first proposition of purging the House before they made a Speaker, cried "An Everard !" "An Everard !" and intruded Sir John Everard into the Speaker's chair. This unexpected noise caused Mr. Treasurer and Mr. Marshal to open the door,

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and perceiving what was done, they resolved to number those that were without, and for that end, standing the one on the one side of the door, and the other on the other, willed those that were without to pass into the House again, and so numbered them by the poll as they came in with a loud voice; and the number of them which were without and gave their voices for Sir John Davies was one hundred twenty and seven, whereby it was manifest that Sir John Davies had the greater number of voices, for the entire number of the House (if it had appeared), is but two hundred and thirty-two, and of those there were six that did not appear, whereof two were recusants and four Protestants.

Therefore, because it was so apparent as no man could contradict it, that Sir John Davies was chosen by the greater number of returned knights and burgesses, Mr. Treasurer spake in reproof of that great contempt and disorder committed, by intruding Sir John Everard into the Speaker's chair, being not elected by the greater number of voices. And thereupon declaring that the voices given for Sir John Davies were 127, which was by much the greater number, with fair and gentle terms required that Sir John as Speaker, duly chosen, might be placed in the chair; nevertheless Sir John Everard sat still and refused to come forth. Then Sir Oliver St. John spoke to the same effect, and added that if he would not come out, they who had elected Sir John Davies should be enforced to pluck him out; notwithstanding he sat still. Whereupon Mr. Treasurer and Mr. Marshal, gentlemen of the best quality, took Sir John Davies by the arms and lifted him from the ground and placed him in the chair upon Sir John Everard's lap, requiring him still to come forth of the chair; which he obstinately refusing, Mr. Treasurer, the Master of the Ordnance, and others whose places were next the chair, laid their hands gently upon him and removed him out and placed Sir John Davies quietly therein.

Thereupon Everard, and all the rest who gave their voices. for him (being in number four score and eighteen and no more), all recusants, in contemptuous manner departed out of the House into the void room appointed for the division, where they remained because the outer door of the House was shut, which was by direction of the House when they first sat. Then Sir John Blenerhassett and Mr. Beere, late the King's Serjeant, were sent by the House to require Sir John Everard and the rest to return into the House, who having delivered their message brought back for answer that Sir John Everard and the rest that were with him would not join with those that elected Sir John Davies to be Speaker, but appeal to the Lo. Deputy.

Then Mr. Treasurer and Sir Henry Poer addressed themselves from the House to know the cause why Sir John Everard and the rest that were without would not return, and join with the greater number that were within; and they having

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likewise delivered their message made report to the House, that William Talbotte the lawyer made answer for himself and all the rest in these words: "Those within the House are no house, and Sir John Everard is our Speaker, and therefore we will not join with you, but we will complain to my Lo. Deputy and the King, and the King shall hear of this." And after some pause and silence the Speaker, sitting in the chair, began a speech declaring (as the manner is) his disability and unwillingness to accept the place, &c., in the midst of which Sir Wm. Burke and Sir Chr. Nugent came in without any reverence and interrupted, calling for the keys of the outer door; and being commanded by the Speaker to take their places, they contemptuously refused so to do, and in the like irreverent manner went out of the House again. Then the outer door being opened, Sir John Everard and all the party departed out of the castle, affirming they would not return any more. And this in effect is all that passed in the Commons House the first day, being the 18th of May.

Upon the Friday following appointed by the Lo. Deputy for presenting the Speaker, the Speaker and the rest in number 130, whereof 14 are of the Privy Council of this realm, came and sat in the House of the Commons, about 9 of the clock in the forenoon expecting to be called into the Upper House there to present their Speaker. Shortly after they were sat the Lo. Deputy sent a message requiring that Mr. Marshal and the Master of the Ordnance might be sent unto him, who presenting themselves before him, and all the lords being then in their Parliament robes and ready to go to the Upper House, his Lordship told them that William Talbotte the lawyer and others of that party who were departed from the greater number of the House had been with him, and that his Lordship had required him to let the rest of that party know that it was his Lordship's express pleasure that they should all forthwith repair to the House of the Commons to join with the rest in presenting the Speaker, and that Talbotte had desired respite of one hour to bring his Lordship an answer. Nevertheless, his Lordship (having better advised of the shortness of the time) had resolved to enlarge that time until three of the clock in the afternoon. In the mean time his Lordship thought it fit that the House of the Commons should send their Serjeant-at-Arms to summon all those, that had separated themselves from the greater number, to come to the House at that hour, and to join altogether in presenting the Speaker. Mr. Marshal and the Master of the Ordnance returning with this message, the House sent them back again with this answer, that they and their Speaker would attend his Lordship at the hour appointed, but they desired to be excused for sending their Serjeant-at-Arms unto them because they had addressed themselves unto his Lordship.

Thereupon the House rose and returned again at three of the clock, at which time neither Sir John Everard nor any other