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1618.

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.

1618.

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
in law, and others of them doubted of the clearness of that
question in their private judgment; but yet they all agreed
in one, that the question was so perplexed in law, that none
of them could tell what the event of the same would have
been if it had been proposed to all the judges of England;
—therefore they have all in one voice declared to us, that
it was proper for us to give a decree therein by way of equity
as if we were sitting in our person in our Court of Chancery.
First, having perused letters from divers of the Lords of the
Council by the command of our late sister Q. Eliz., dated 1602,
to the late Earl Thomas, signifying that she in respect of her
favour then lately done to the Earl and his house, and out of
the care she had to see the Lady Elizabeth his daughter com-
petently by him provided for, lest otherwise she might be
driven into some indigent fortune, expected that he should
then present assure to her after his decease so much of his
fee simple lands as should amount to 800l. per ann. in good
rents; and thereupon in performance of the same in part
before the marriage of the Lady Elizabeth with the late
Wiscount Butler her first husband did in his lifetime convey
and settle upon her a good part of that value amounting to
400l. per ann. or thereabout, whereof the Lo. Dingwall and
the Lady Elizabeth have been in quiet possession both before
and since the death of the Earl;—We holding it to concern
us much in honour to see the Earl's intention for the
advancement of the Lady Elizabeth fully performed, and the
estate of inheritance intended to her by her father to be made
up full to the value of 800l. per ann., think fit it should be
done by the now Earl of Ormond, and that he settle to the
Lady Elizabeth and the heirs of her body the castles, manors,
&c. she already has assured her by her father, and supply and
make up to her and her heirs an estate in other lands which,
together with that already in her possession, may amount to
800l. per ann. as it was at the time of the letter written to
the Earl.
We do therefore order, decree, and award that the Lady

1618.

Elizabeth and the heirs of her body and her feoffees in trust
for her or to her use shall and may from henceforth lawfully
and quietly enjoy against the now Earl and his heirs and
every other person in trust for him or to his use the manors,
&c. hereafter expressed, now in the possession of Lord and
Lady Dingwall. (Here follows a list of the said manors.)
And, further, for the making up of the value of 800l. so
intended by the late Earl, we do hereby award and decree
that the now Earl and his heirs, &c. shall within that space by
good and sufficient conveyance at the like costs settle, assure,
and appoint to the Lady Elizabeth, &c. the said several manors
before mentioned, together with all deeds, &c. concerning the
lands to her awarded. And as the now Earl, by articles
of agreement dated 4 Jan. 1613, and by an obligation
under his hand and seal of the sum of 6,000l., dated
18 Jan. following, stands bound to the Lady Elizabeth for
payment of all such debts as should appear by good proof or
specialty to be due to the late Wiscount Butler, her husband,
at the time of his death, we, holding it fit to require of the
now Earl the payment of the same debts, do therefore order
and award that the now Earl, &c. shall, within the space of
three years next ensuing, pay all such debts of the late
Wiscount, and within the space of six months next ensuing
satisfy all the sureties of the late Wiscount such principal
and interest as they have paid, and indemnify such sureties
against the same.
And because it may happen that divers of the charters,
deeds, &c., which are the strength of the title of the lands
in them contained, may concern as well the lands hereby
awarded to the said Earl as the lands awarded to the Lady
Dingwall, we do therefore decree and award both parties
shall, within two years, produce and deliver into our Court
of Chancery of Ireland all such as do promiscuously con-
cern the lands hereby severally awarded, which so delivered
we hereby order and decree shall there remain for ever
for the common and indifferent security of both parties to
make use of, which we will shall be done upon motion to be
made to our said court, and upon caution to be first given
respectively for the safe re-delivering of the same into that
court again, nevertheless giving them and their heirs as afore-
said free liberty, power, and authority. And because we have
given two years for the perfecting of the several assurances,
unless the same be hastened by the several requests of the
parties, we do hereby award and decree that the parties
respectively shall and may forthwith enter into all and every
the lands severally to them awarded, and take possession and
claim and challenge the trust or use thereof, and then quietly
to hold and enjoy together with the rents and profits thereof
as is hereby intended and declared without interruption each
of other. And for further settling the premises, we do hereby
declare our intent and pleasure to be that at our next Parlia-
ment to be holden in Ireland, all and the said manors and

1618.

lands, &c. be enacted and established by our Parliament to be
and remain for ever as the same are herein by our award
appointed. And we hereby declare that we shall give our
royal assent to such Act if any such shall be offered for our
assent. And we further order and award that the said
Earl Walter and the Lady Elizabeth and their heirs respec-
tively shall do their best endeavours to have this our award
established, ratified, and confirmed at the next Parliament
at the equal and indifferent charges of both parties, and that
this our award and decree shall be entered and set down
within our realm of Ireland as an Act of State before our
Deputy and Council there, thereby requiring as well them as
all our judges, justices, officers, &c. there for the time being
that they be aiding and assisting to see this award and decree
in all points to be executed and fulfilled according to our
intention herein expressed. In witness whereof we have
caused our letters to be made patents. Witness ourself at
Westminster. Oct. 3, 1618.

Signed : Younge and Pye, ex per H. Yelverton.
Copy. Pp. 26.

October 13, 200. THE GLYNNES.

Vol. 635.

“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

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