CHAPTER XXIV
Reign of Charles II A.D. 1660 to
A.D. 1685
ON the 8th of May, 1660, Charles II was proclaimed
king. In affixing the date to all public documents, the years of his
reign were reckoned from that of the death of his father, the late
sovereign.
Parliament sat at Chichester house, Dublin, on the
8th of May, 1661.
MEMBERS.
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Catherlogh
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Sir John Temple, Knt., Master
of the Roll For Privy Council.
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Borough of Catherlogh:
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John Temple, Esq., afterward
knight Solicitor General.
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Thomas Burdett, Esq.
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Borough of Old Leighlin:
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Sir Francis Butler, Knt.
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Charles Meredith, Esq.
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2nd July, 1661 Ordered— That this house shall send
the number of eight persons into England, to be agents to attend upon
his majesty, and that the election and nomination of suck persons to be
employed shall be by balloting.
12th July, 1661. — Upon consideration had of a
report made from the committee, appointed to consider of the best
expedients for raising money for supply of the agents to be sent into
England, it is ordered, upon question, that the sum of three thousand
three hundred pounds be forthwith raised towards the present supply of
the agents to be sent into England, and that the members serving each
particular county, including the cities and boroughs within the same, do
provide the sum of one hundred pounds; us also the cities serving in
this house for the county of the city of Dublin the sum of one hundred
pounds; making in all, there being thirty-two counties, besides the
county of the said city, three thousand three hundred pounds
13th July, 1661. — Memorandum That the house being
called over, according to the order made yesterday, the members serving
for the county of Armagh, and cities and boroughs within the same,
declared unto the house that they would have the sum of one hundred
pounds in readiness by Monday next being the 15th inst. The members
within the county of Catherlogh did the like for one hundred pounds
more.
30th July, 1661. — Instructions given to the
members of the House of Commons that are appointed to attend upon his
sacred majesty in England, by order of this house.
1. That they do forthwith repair into England, and
humbly present unto his majesty the humble and unanimous address of the
lords spiritual and temporal, and commons, in the parliament of Ireland
assembled.
2. That they do represent to his majesty the
impoverished and contemptible revenue of the bishopric of Kildare,
Leighlin and Ferns, and of Clonfert, and in the name of this house
humbly desire his majesty will be pleased, upon the settlement of this
kingdom, to authorize and command the lords justices of this kingdom,
and other chief governor or governors for the time being, to make
further additional provision out of such forfeited lands us are exempted
out of, or are not intended to be confirmed by his majesty's
declaration, or otherwise, as his majesty shall think lit, so as the
bishopric of Leighlin and Ferns, formerly and now united, and the
bishopric of Clonfert may be severally, worth six hundred pounds per
annum; and that Kildare being the second bishopric of the kingdom, may
have such an addition out of the provision aforesaid as may make it
worth eight hundred pounds per annum; whereby their maintenance may in
some measure be suitable to that double honour which the law of God
gives that office, and to that dignity which the law of the land and his
majesty's grace superaddeth to it; and that the said bishops may renew
the patents of those bishoprics with the said additions respectively and
that the said members further supplicate his majesty that all such other
bishoprics as are already united may be so continued; and also that the
said members shall countenance and assist the agents from the
convocation in those matters which relate to the good settlement of the
church, the advancement of religion, and in such other particulars as
may conduce thereunto.
That they render his majesty humble thanks for his
gracious and provident care in securing cities, and all other corporate
and walled towns, in the hands of Protestants; and to supplicate his
majesty that the same, viz. Dublin, Cork, Youghall, Kinsale, Limerick,
Galway, Waterford, and all other cities, towns corporate, walled towns,
and all other seaports within this kingdom whatsoever, may he so
continued in the hands of and be inhabited by such who shall manifest
their communion with the church of England, 'by their taking the oath of
supremacy; provoked that this do not invalidate any mercy or favour
intended in his majesty's declaration, or any part thereof, to any
particular person or persona included in the said declaration.
31st July, 1561. — Further instructions for the
member’s to attend upon his majesty.
Ordered, upon question, that the members of this
house appointed to attend upon his majesty in England, be empowered to
represent unto his majesty the condition of those persons whose lots are
already fixed, or may hereafter fall upon such unprofitable lands as are
not worth the quit-rents payable there out unto his majesty, and to
recommend the same unto his most gracious consideration, for such remedy
and relief as in his great wisdom shall be thought meet ; as also that
they do represent unto his majesty the condition of those persons that
took leases from the late usurped powers, of any houses, lands,
tenements or hereditaments whatsoever, from which they are or shall be
removed by lawful authority, and that they may have equal satisfaction
for their disbursements, in like manner and form as the adventurers and
soldiers are to have by his majesty's late gracious declaration of the
80th of November last ; and the said members are further appointed
humbly to recommend and submit it unto his majesty's consideration, that
when all the forfeited lands in the county of Catherlogh are set out to
adventurer* and soldiers that are removed from his grace the duke of
Ormonde's lands, if any adventurer or soldier, so removed, shall,
through the deficiency of forfeited lands in that county, remain
unsatisfied, according to the said declaration, that they may be
reprised in such way and manner as his majesty shall think fit.
7th December, 1661. — Proposals of both houses to
the Lords justices about the Irish, and for preserving the public peace.
To return the thanks of both houses to the right
honourable the lords justices, for that their lordships have been
pleased to take such care of the public peace of this kingdom, and that
their lordships were pleased to acquaint the house with the papers of
intelligence come into their lordships' hands.
That their lordships would be pleased to take a
strict course for the prohibiting any persons to live in any of the
cities, walled towns, or garrisons of this kingdom, who have been in the
late rebellion, or lived in the Irish quarters, except such who are
declared innocent, or otherwise excepted in his majesty's declarations,
or such as their lordships shall license.
That in regard priests, Jesuits, and friars have
been the constant incendiaries of the rebellion in this kingdom, that
therefore they, and those who have been the chief heads of the
rebellion, together with other ill-affected persons, be secured, except
such as their .lordships shall think fit to dispense withal.
That trained-bands be established in the respective
counties of this kingdom, and that they may consist only of such
Protestants as are well affected to the present government. Parliament
was dissolved, 8th August, 1666.
Robert Price was appointed to the bishopric of
Leighlin and Ferns in 1661. He was son of Colonel William Price of
Rhewlas, Merionethshire. He successively obtained the offices of vicar
of Towyn, Merioneth, chancellor of the church of Bangor, dean of Connor,
and chaplain to Thomas, earl of Strafford, lord lieutenant of Ireland.
He held the rank of doctor of laws in the University of Dublin; having
been educated at Christ-church College, Oxford, where he took his degree
of Master of Arts. Doctor Price was consecrated bishop of Leighlin and
Ferns at St. Patrick's, Dublin, on the 27th January, 1661, the letters
patent for his creation, mandate for consecration, and writ of
restitution to the temporalities, bearing date the 15th of the same
month. He was permitted to hold the rectory of Killeban in commendam,
and was granted the mesne profits from the death of bishop Andrews. He
suffered much for the royal cause, while dean of Connor; by which he had
claims sufficiently strong to procure him promotion. We are told by
Bishop Dopping, that had he lived, he would have been advanced to the
see of Bangor; but Carte states, that it was St. David's to which he
would have been appointed. He died at Dublin on the 26th May, 1666, and
was interred in St. Patrick's cathedral. Neither monument nor
inscription was placed over his remains.
Richard Boyle, doctor of divinity, dean of
Limerick, (to which office he was presented on the 5th February, 1661),
succeeded Doctor Price. He was indebted for his advancement to the
favour of the duke of Ormonde, then lord lieutenant of Ireland. His
promotion took place by letters patent, dated the 7th of June, 1666;
with the rectory of Killeban in commendam. He was consecrated in
Christ-church, Dublin, on the 10th January following, by Michael,
archbishop of Dublin, and other assisting prelates. He died of palsy at
Leighlin in 1682, and was buried in the cathedral there.
In the important act of settlement and the act of
explanation we find references to our county.
IN "HIS MAJESTY'S GRACIOUS DECLARATION FOR THE
SETTLEMENT OF THE SEVERAL INTERESTS OF ADVENTURERS, SOLDIERS, AND OTHER
HIS SUBJECTS THERE," we read as follows:
And that such adventurer, soldier, or other
persons, who have been, or shall be removed from the estate of James,
Lord Marquess of Ormonde, lord steward of our household, for what he
possest thereof, for adventure or arrears, shall be reprized in the
county of Catherlogh for the same; every person so to be removed shall
not be accomptable for the profits he received, whilst he or they
enjoyed such estates.
Given at our court at Whitehall the 30th day of Nov
1660 in the twelfth year of our reign."
In “INSTRUCTIONS TO COMMISSIONERS."
And to the end you may the more readily proceed in
reprizing such as in our said declaration are to be reprized, being to
be removed from off the estate of any person or persons to be restored
to their former estates, you are forthwith to make up books of all the
forfeited undisposed lands in Ireland', and not before assigned for
satisfaction of the deficient adventurers, or reprizing the adventurers
and soldiers, the incumbrances on their estates, in which you are
carefully to set down all the forfeited lands in the county of
CATHERLAGH by themselves, and all the forfeited lands in the baronies of
Barrimore and Muskry by themselves ; the one being appointed for the
reprizal of such as are removed from off the estate of James, lord
marquess of Ormonde, lord steward of our household, and the other to
satisfy decrees of the innocent papists inhabitants of Cork, Youghal,
and Kinsale; in the doing whereof, you are to appoint what quarter or
point of the said county of CATHERLAGH, and the said baronies of
Barrimore and Muskry to begin withal, and accordingly to make up the
said book or catalogue of the said lands by way of contiguity, with as
much indifference and impartiality as may be."
You are to prepare an exact list of the respective
adventurers, soldiers, and others, removed from off the estate of James,
lord marquess of Ormonde, lord steward of our household, by themselves;
and accordingly, so much of the lands in the said county of Catherlagh
as will suffice, shall be set out to the said adventurers and soldiers
removed from off the lord marquess of Ormonde's estate, as aforesaid."
From the Act itself:"
And be it also enacted, that all adventurers,
soldiers, their heirs and assigns, whose adventures and lots were set
out of the lands of James, duke of Ormonde, and who have not been yet
reprized, shall be satisfied out of the remaining forfeited lands in the
county of Catherlogh, and also out of the respective moieties of the ten
counties appointed for satisfaction of adventurers and soldiers:
"And be it further enacted, that those adventurers
and soldiers, their heirs or assigns, whose adventures or lots were set
out of the lands of James, duke of Ormonde, and have been since removed
from the same, and have had by his majesty's commissioners for executing
his gracious declaration, other lands set out, ordered or appointed in
the county of Catherlogh, towards their reprizal and satisfaction, be
and are hereby confirmed in so much of the said lands in their
respective orders named, as shall be equal in value, worth and purchase
with those from which they have been removed, as aforesaid, and shall
hold and enjoy the same to them, their heirs and assigns for ever, which
said lands shall be immediately put out of charge in his majesty's court
of exchequer in Ireland, reserving the chief rents according to his
majesty's declaration, any thing in this present act contained or
otherwise to the contrary thereof in anywise notwithstanding."
In the "Act explanatory of the act of settlement,"
we find as follows: -
"And it is likewise declared, that the adventurers
and soldier, their heirs, executors, and assigns, who have voluntarily
relinquished or been removed from the estate of James, duke of Ormonde,
and put into possession of any other lands in the county of Catherlagh,
not since decreed away from them, and all others who have relinquished
any lands whereof they were possessed the seventh day of May, one
thousand six hundred, fifty and nine, in obedience to his majesty's
letters, and have since been removed to other lands not decreed away
from them, shall have like liberty of retaining the lands whereof they
are now possessed, or so much thereof as shall be adjudged to amount to
his or their full two third parts, as he or they might have had if they
had been so possessed upon the seventh day of May, one thousand six
hundred, fifty and nine, and what is wanting of two third parts shall be
made up and supplied by the commissioners out of some other Forfeited
lands by them to be allotted,'
In the "Act of settlement."
"Provided always, and be it further enacted, by the
authority aforesaid, that any clause, sentence, matter or thing in this
act, or in any other 'act or acts passed or made, or to be passed or
made in this present parliament, contained, mentioned, or expressed,
shall not or may attaint, or convict, or be otherwise prejudicial unto
Dudly Bagnel, Esq., son and heir of Walter Bagnel, late of Dunlickny in
the county of Catherlogh, Esq., deceased, nor to Henry Bagnel, brother
of the said Dudly, nor to Catharine Corbet, alias Bagnel, sister of the
said Dudly, nor to the heirs or issues lawfully begotten of the said
Walter Bagnel, Dudly Bagnel, Henry Bagnel, or Catharine Corbet, alias
Bagnel, nor of any or either of them: and that the said Dudly Bagnel,
Henry Bagnel, and Catherine Corbet, alias Bagnel, and every of them, and
the heirs and assigns of every of them respectively, shall have hold and
enjoy their . respective estates and interests in law and equity in all
and every the castles, lordships, manors, seigniories, ands, tenements,
rents, reversions, remainders, and hereditaments, with their and every
of their appurtenances, which did of right belong or appertain unto the
said Walter Bagnel, or whereof he was seized, as of his estate on
inheritance in use, possession, or remainder, on the three and twentieth
day of October, in the year of our Lord, one thousand, six hundred and
forty-one, or at any time after any act or acts, ordinance or
ordinances, matter or matters, thing or things, done or to be done in
this present parliament, or otherwise at any time since the three and
twentieth day of October, one thousand, six hundred and forty-one, to
the damage, prejudice, or harm of the said Walter Bagnel, his heirs or
assigns, to the contrary notwithstanding., "Provided always, and be it
enacted, that neither this present act nor any thing therein contained,
do any ways prejudice or tend in any manner to alter any right, title,
interest, mortgage or lease that Sir John Temple, master of the rolls in
this kingdom, or his late mother the lady Temple had in the year one
thousand six hundred and forty, to any lands, tenements, or
hereditaments, belonging to Walter Bagnel, Esq., late father of the said
Dudly Bagnel, lying or being within the county of Catherlogh : saving
nevertheless to all and every person and persons, bodies politic .and
corporate, their heirs, executors, successors and assigns, such right
and title either in law or equity, and such benefit and advantage of
redemption which they or any of them could or might have had either in
law or equity, as fully and amply as if the proviso herein last before
mentioned had never been had or made, any thing in the said proviso to
the contrary hereof notwithstanding."
The "Act explanatory of the Act of Settlement"
contain* the following:
"And it is further enacted, by the authority
aforesaid, that the earl of Clanrickard, earl of Cantlehaven, Morrough,
earl of Inchiquin, the earl of Clancarty, Lord viscount Dillon, Simon
Luttrell, Dudly Bagnel, Esq., Henry Bagnel, Catherine Corbet, Theobald
Purcell, Esq., and such others who are particularly mentioned Lathe said
former act to be restored to their estates, and therein, and thereby,
are actually restored without any previous reprisal and their and every
of their executors and assignees shall stand and continue restored to
and vested in such their estates thereby intended, and shall have and
enjoy the lands, tenements, and hereditaments, and all other the
benefits and advantages of the said former act in such manner and form
and for such estates and with such privileges, immunities and discharges
respectively as in and by the said former act are mentioned and
expressed: nevertheless it is hereby declared, that this restitution and
confirmation is not to extend to any lands, tenements or hereditaments
other than such as did truly and without fraud upon the two and
twentieth of October, one thousand six hundred and forty and one, belong
to and were enjoyed by the said persons or some of them, their or some
of their ancestors or heirs, or were in the possession and seizin of
some others in trust for them or some of them, or be particularly
expressed in the several and respective clauses of the said former act;
and to the end it may more clearly appear how much land the persons
aforesaid are truly entitled unto by virtue of this or the said former
act, and how far the persons who are or shall be dispossessed by them or
any of them ought to be relieved by virtue of this act, it is further
enacted, that all and every the persons aforesaid who claim any benefit
by the clauses aforesaid shall make out such their title as to the
several parcels of land which they demand before the commissioners for
execution of this act within such time as shall be limited by the
commissioners and take out their decrees for so much as shall be allowed
upon their claims, and in default thereof shall forfeit two years' value
of the lands in their or any of their possessions respectively or in the
possession of their tenants or trustees, one moiety to the king's
majesty, the other to the informer, to be recovered in like manner as
other forfeitures are by this act appointed to be recovered."
ABSTRACTS OF GRANTS OF LANDS AND OTHER
HEREDITAMENTS, UNDER THE ACTS OF SETTLEMENT AND EXFLANATION. A.D.
1666—1684.
To James, duke of Ormonde. — Carrigneslane, five
hundred and one acres, (eight hundred and eleven acres two roods and six
perches statute measure), ten pounds two shillings and ten pence three
farthings. — Killmolish, ninety six acres three roods, (one hundred and
fifty-six acres two roods and thirty-six perches statute measure), one
pound nineteen shillings and two pence farthing. — Mizell, four hundred
and thirty-eight acres and one rood, (seven hundred and nine acres three
roods and twenty perches statute), eight pounds seventeen shillings and
five pence three farthings. — Shragh, three hundred and forty-six acres,
(three hundred and sixty acres one rood and thirty-five perches
statute), seven pounds and three half-pence. — Garran Pursin Killcoole,
one hundred and twenty-four acres, (two hundred acres three roods and
eighteen perches statute), two pounds ten shillings and two pence
halfpenny. —Ballymogie, one hundred and eighty-four acres, (two hundred
and ninety-eight acres and eight perches statute), three pounds fourteen
shillings and six pence farthing. — Ballykealy, four hundred and
sixty-nine acres two roods, (seven hundred and sixty acres two roods and
two perches statute), nine pounds ten shillings and three half-pence. —
Ballywadrum alias Ballyvardrum, part of Ballykealy, Tobergurtine, parcel
of Mizell, Graignespedoge, twenty-four acres, (thirty-eight acres three
roods and ,twenty perches statute), nine shillings and eight pence
halfpenny. — Clonmacshenine, one hundred and sixteen acres and one rood,
(one hundred and eighty-eight acres one rood and nine perches statute),
two pounds seven shillings and a penny. — Temple Peter, half, sixty-six
acres three roods and twent perchesy, (one hundred and eight acres one
rood and fourteen perches statute), one pound seven shillings and three
farthings. Ballinrush, one hundred and twenty acres, (one hundred and
ninety-four acres, ona rood, and twenty-one perches statute), two pounds
eight shillings and Seven pence farthing. Shangarry, four hundred and
thirteen acres, (SIX. hundred and sixty-eight acres, three roods, and
thirty-nine perches statute), eight pounds seven shillings and two
pence. Tycoline, one-third part of Rathrush, Ballygodderraan, two
hundred acres, (three hundred and twenty-three acres three roods and
thirty-five stat.), four pounds and one shilling. —Ballymogeleine, one
hundred and eighty-three acres and three roods, (two hundred and
ninety-nine acres one rood and three perches statute), three pounds
fourteen shillings and ten pence. Ballygerrell or Garrett, three hundred
and fifty acres and one rood, (five hundred and sixty-seven acres one
rood and sixteen perches statute), seven pounds one shilling and ten
pence. Ballywalden, parcel of Ballygarret, forty-five acres three
roods, (seventy-four acres and eighteen perches statute), eighteen
shillings and six pence. Nichollstowne, part of Ballykealy aforesaid,
Bogganbegg and Bogganmore; bar. Forth, County Carlow.— Dated 14th
November 18th Ayear. (Cert. 10th Aug.) Inrolled in the Exchequer, 19th
Decem6er, 1666.
Sir John Temple, Knt., Master of the Rolls. Cargan
alias Ballycarny, one hundred and sixty-nine acres one rood.
Castletowne, one hundred and forty-five acres. Parke, one hundred and
eighty-one acres and two roods; barony and county of Carlow. Total
quantity, four hundred and ninety- five acres three roods plantation,
(eight hundred and two acres three roods and eleven perches statute.)
Total rent, ten pounds and eight pence three farthings. Date I8tn June
ItitA year. — (Cert. 22nd May.)— Inrolled 5th July, 1666.
Arthur, Earl of Anglesey. — Linkinstowne, two
hundred and sixty-three acres and one rood, five pounds six shillings
and seven pence farthing. Gortengrowen, forty-four acres two roods,
eighteen shillings and one farthing; barony and county of Carlow. Date
26th June, 18th year Inrolled 6th July, 1666.
Counsellor Thomas Piggott. — Killcurry, three
hundred and thirteen acres, six pounds six shillings and nine pence
farthing. Mougherrine or Mongoherin, two hundred and forty-four acres
one rood, four pounds eighteen shillings and eleven pence. — Clonegaule,
three hundred and thirty-nine acres, six pounds seventeen shillings and
three pence farthing. — Ballyredmond, two hundred and twenty-three
acres, four pounds ten shillings and three pence three farthings; barony
of St. Mullan alias Forth, county Carlow.—Date 15th Jan. 18th year.
Inrolled 23rd. March, 1666
Samuel Blackwell, Esq. — Little Pollardstown, one
hundred and sixty-six acres prof., fifteen acres unprof., three pounds
seven shillings and two pence three farthings. — In Urghlin, six hundred
and six acres, twelve pounds five shillings and four pence three
farthings. Johnstown, four hundred and two acres one rood and thirty-two
perches prof., seventeen acres unprof. eight pounds two shillings and
eleven pence three farthings. — Kernanstown alias Corgan, one hundred
and sixty acres prof, eighty-three acres three roods unprof., three
pounds four shillings and nine pence halfpenny; barony and county
Carlow. — Date 2 1st March, 19ih year, — Inrolled 2,1th April, 1667.
Captain Thomas Newbrugh. — Cloghnagh alias
Cloghanoy, four hundred and fifty three acres plantation, (seven hundred
and thirty-three acres three roods and six perches stat.), nine pounds
three shillings and five pence farthing ; barony and county of Carlow.
Date 11th December 18th year. Inrolled 7th February, 1666.
Peregrine Pritty gent. —The castle, town and lands
of Dunganstowne and New Garden, two hundred and ninety-six acres one
rood and five perches plantation, (four hundred and seventy-nine acres
three roods and twenty-eight perches statute), six pounds; barony and
county of Carlow. Date 28th February,19th year. Inrolled 20th June,
1667.
Sir Richard Kennedy, Knt., second baron of the
exchequer. Rathnegeragh, four hundred and twenty- six acres — Dromfeagh,
two hundred and twenty-five acres. — Culetughty, four hundred and forty
acres. — Knocknemurrane, two hundred and fifty-three acres prof, fifty
acres unprof. — Miltown, one hundred and two acres prof, sixty acres
unprof. Garryhill, Killraghin alias Tinraghin, twenty acres prof, sixty
acres unprof. Ballidoher alias Ballydurley, thirty-two acres. —
Clonfarty, three acres prof, two acres unprof. Ballinkllibegg, twenty
acres prof, thirty acres unprof. barony of Idrone Shane, one hundred and
sixty-three acres. Knockdrumnagh aud Knockilldarragh; one hundred
seventy-five acres. Rahinlea and Bellalagh, four hundred and six acres
and two roods; barony of Forth. Total quantity, (three thousand six
hundred sixty-four acres three roods and twenty perches stat.) Total
rent forty-five pounds sixteen shillings and three half-pence. Date 6th
December, 19th year.— Inrolled 11th March, 1667.
Thomas Crosslhwaite. Kneestown and Morrestown,
three hundred and seventeen acres. Ardnehue (part) one hundred and
seventy-eight acres; barony of Carlow. Total quantity, four hundred and
ninety-five acres plantation, (eight hundred and one acres three roods
and eleven perches statute). Total rent, ten pounds and five pence
halfpenny. Dale 13th March, 19th year. Inrolled 18th March, 1666.
Sir John Ponsbnby, Knt. — Grangeforth (besides one
thousand seven hundred and one acres and one rood, formerly confirmed to
him) eighty acres plantation, (one hundred and twenty-nine acres two
roods and thirteen perches statute), one pound twelve shillings and four
pence; barony of Carlow. — Date 4th September, 2lst year. — Inrolled 5th
January, 1659.
Richard, Earl of Cork, lord high treasurer. —
Eranranny, three hundred and twelve acres and the unprof. In
Killoughternan next contiguous to Eranranny, to be cut by N and S. line,
two hundred and forty acres and thirty-five perches, and the unprof;
barony of Idrone. Date 4th September, 20th year. Inrolled October, 1668:
Arthur, earl of Anglesey. Clonmullin, three hundred
and fifty-three acres and three roods, five pounds seven shillings and
seven pence farthing. Carrigduffe, one hundred and sixty-two acres, two
pounds nine shillings and one penny three farthings. Kilbranish, two
hundred and seventy-five acres, four pounds three shillings and six
pence. The wood and mountains of ditto, twenty- eight acres three roods
and ten perches, eight shillings and seven pence three farthings. half
of Barragh, with their appurtenances, forty-two acres, twelve shillings
and nine pence; barony of Forth. Ballyhegan, sixty acres, eighteen
shillings and a penny. Balleling, one hundred and ninety-five acres, two
pounds nineteen shillings and two pence three farthings. The 6th part of
St. Molinges, with their appurtenances, one hundred and fifty five
acres, two pounds seven shillings and three farthings; barony of St.
Molins. Date 23rd May, 20th year. Inrolled 9th June, 1668.
Dame Anne, relict of Sir Thomas Harman, knight. —
Gorinmay alias Gorminagh, one hundred and forty-five acres and three
roods, two pounds nineteen shillings.— Labynyseay, sixty one acres, one
pound four shillings and eight pence halfpenny. — third part of Ratheden,
one hundred and thirty-six acres and two roods, two pounds fifteen
shillings and three pence. — Kilcopickan alias Killcopigan, ninety-eight
acres and three roods, one pound nineteen shillings and eleven pence
halfpenny. — More, part of the same, sixty acres three roods, one pound
four shillings and eight pence. In Killcallatrim, ninety seven acres and
one rood, prof., one hundred and nine acres and three roods unprof., one
pound nineteen shillings and five pence.— More in the same, one hundred
and fifty-one acres one rood, three pounds one shilling and two pence
three farthings. —Pasture and timber in ditto eighty-one acres, one
pound twelve shillings and nine pence halfpenny. — Knockanackroe, two
hundred and ninety acres, five pounds seventeen shillings and five
pence. — In part of the same, marked in the plot (r. a.) one acre and
three roods, with a proportionable part of the unprofitable, seven pence
farthing; barony of Idrone. Date 30th July, 10th year.— Inrolled I3th
August, 1668.
William Draper, Esq. — Ovvlert alias Owlard, one
hundred and eighty-seven acres, Cooleroe, two hundred and thirty-one
acres; barony of Forth. — Date 28th May, 20th year. — Inrolled 30th
May, 1668.
James Stafford, Esq. — Kilnesnell alias Kiltumell
alias Kill- tinnell, Ballinvally and Ballycullin alias Ballaghellin,
fifty-seven acres three roods and one perch. Knockanacroe alias
Lackanarly or Lackananerly (part) eighty-six acres and two roods
profitable, sixty-five acres unprof. In Kynogh alias Cunoge, to be cut
off by a north and south line, twenty-five acres one rood and twenty-
three perches prof., sixteen acres unprof. Killoghternan, part to be cut
off by a north and south line, ninety-seven acres three roods and five
perches; barony of Idrone. Total (four hundred and thirty-three acres
and twenty-seven perches statute), rent five pounds eight shillings and
two pence halfpenny. Ballycrinegan, three hundred and twenty-two acres.
More of the same
Ballybegg, forty acres, with the mountain thereto
belonging; barony of Idrone. Lissfallecan or Lissalecam alias
Carrickleagh, two hundred and ninety -four acres. Ballybrack, three
hundred and forty-four acres and two roods. Tinekilly alias Seskin, one
hundred and seventy-one acres. The moiety of Tinecarrigge, seventy- five
acres. Ballyroughan (third part) twenty- three acres. Ballyknockrampen,
or Cronapen, and Booleblack, forty acres; barony of St. Molins.
Rathmoile, one hundred acres; barony of Idrone. Total, (two thousand two
hundred and fifty acres two roods and twelve perches statute), rent
twenty-eight pounds two shillings and eight pence farthing. Date 14th
October, 20th year.
Charles, Viscount Fitz- Harding. Ballylinan and
Killisane, one hundred and twenty acres, two pounds eight shillings and
seven pence farthing. Urghlin, part of, next to Ballyuekill, two hundred
acres, four pounds one shilling and six pence. Ballynekill and Browneen,
sixty acres, one pound four shillings and three pence half-penny,
Pollardstown, part of, next to Ballylinan, twenty acres, eight shillings
and one penny farthing; barony of Carlow. Total (six hundred and
forty-seven acres statute.) Total rent, eight pounds two shillings Date
11th Sept. 10th year. — Inrolled 14th May, 1668.
James, duke of York. — Johnstown (part)
seventy-nine acres two roods and eight perches. — Baggan, forty acres. —
Ballybrin, alias Ballybamen, one hundred and twenty acres. — In New
Garden and Dunganstown, two hundred and three acres thirty-five perches.
In Ballybrin alias Ballybamen, forty-four acres. — Gurteenevackaue alias
Gortingrocan, forty-four acres two roods; barony of Carlow. Date 5th
February, 21 st year. Inrolled 8th June, 1669. William, lord Viscount
Dongan, brother of Sir Walter, and son of Sir John Don gun, knights, and
baronets. — The moiety of the great and small tithes of the parish of
Cloedagh or Cloydagh, three pounds five shillings. The moiety of the
rectory of Athade, with the great and small tithes thereof, one pound
ten shillings and nine pence. Dale 29th of July, 21st year. — Inrolled
9th October, 1660.
Arthur, earl of Anglesey. — Cornellane alias
Cornallane, one hundred and thirty three acres two roods, two pounds
thirteen shillings and ten pence. Tinnihinny alias Tinyhinch alias
Teneheny, two hundred and twenty-four acres, four pounds ten shillings
and eight pence. Ballyhanry alias Ballyhaury, eighty-five acres, one
pound fourteen shillings and five pence half-penny; barony of St. Molins.
Boggy pasture, belonging to Park, one hundred and fifty-four acres,
three pounds two shillings and three pence halfpenny. Wood belonging to
the two Pollardstowns, and part of Urghlin, one hundred and fifty-four
acres, three pounds two shillings and three pence half-penny ; barony of
Carlow. Date 9th Sept. 21st year. Inrolled 22nd Nov. 1669.
Philip, Lord Wharton. — The castle, messuage, mill
and lands of Killerick, four hundred and eighty-nine acres.— Ardnehugb
(part) eighty-one acres. Total, nine hundred and twenty-three arcres one
rood and nine perches statute) rent eleven pounds ten shillings and ten
pence half-penny ; barony of Carlow .—Dale 30th July, list year.—
Inrolled 15th Nov. 1669.
Sir William Temple, baronet. — Killballyhew, three
hundred Mid forty-six acres two roods (five hundred and sixty-one acres
1 rood and three perches statute) seven pounds three pence three
farthings; barony of Carlow. — Date 20th May, 21st year. — Inrolled 11th
Oct. 1669.
Richard Jones. The impropriate tithes of the parish
of Catherlogh, Clonmoylske and Urrughlin, for ever. — Charles Worth, The
impropriate tithes of the parish of Grangeforth, forever. — John Emtwick.
The impropriate tithes of the parish of Hacketstown, for ever. Richard
Jongs. The impropriate tithes of the parish of Temple- Peter, for ever.
— Date 9th March, 21st year. Inrolled 12th March 1669.
Sir John Ponsonby, Knt. — Grange-forth, one
thousand seven hundred and one acres, (two thousand seven hundred and
fifty-five acres one. rood and fourteen perches statute), thirty-four
poundseight shillings and nine pence three farthings, barony of Carlow.
Date 20th May, 21st year. — Inrolled 3rd October, 1669.
Michael Barry. — Two third parts of Rathrush, four
hundred acres. — Milltown, one hundred and seventy-three acres, one
rood. Ardreane alias Addborne, sixty-six acres three roods. — Tromon,
forty-eight acres three roods Total, six hundred and eighty-eight acres
three roods plantation, (one thousand one hundred and fifteen acres two
roods and twenty-seven perches statute), rent thirteen pounds eighteen
shillings and eleven pence; barony of Forth. Date13th June, 22nd year.
Inrolled 11th June, 1670.
John Wilcox, of London. — In Kinogh alias Cunogh,
seventy- eight acres seventeen perches prof., sixty-one acres unprof. —
More of the same, twenty-seven acres.— In Killesnell alias Killtenell,
Billinvally and Ballycullin alias Ballaghulen, to be cut off by a N. and
S. line, two hundred and three acres two roods and thirty-nine perches.
Total three hundred and eight acres three roods sixteen perches
plantation, (five hundred acres one rood and three perches statute),
rent six pounds five shillings — barony of Idrone. Date 27th June, 22nd
year, Inrolled 4th November 1670.
James Stopford, Esq. — In Lorum, one hundred and
fifteen acres, one rood, thirty-six perches, two pounds, six and eight
pence halfpenny, barony of Idrone. Date 6th July, 23rd year. Inrolled
5th October, 1671.
Sir Richard Kennedy, knight and baronet, second
baron of the Exchequer. Clony, two hundred and three acres, three
perches; Glassgrauny and Knockshane, one hundred and fourteen acres,
barony of Forth; of Siskin -Rian, the south part, two hundred and eighty
one acres, one rood, one perch, barony of Idrone. Total five hundred and
ninety-nine acres, one perch, plant, (nine hundred and seven acres one
rood five perches, statute), rent, twelve pounds two shillings and
six-pence three farthings. Date 18th June, 30th year. Inrolled 21st
Sept. 1678.
Patrick Wall, Esq. son and heir of Ulick Wall,
deceased, and grandson of Edward. — The Castle of Ballynekill, with the
appurtenances and the Castle moiety of Ballynekill, sixty- eight acres,
one rood. The moiety of Ardnehugh, one hundred and sixty-six acres,
twenty perches. — Two parts of Pollardstown, one hundred and
eighty-eight acres, one rood, barony of Carlow. Graigne-Spidoge,
twenty-four acres. — The moiety of Temple Peter, sixty-six acres, two
roods, two perches. — Clonshannon, alias Cloghneshannon, one hundred and
sixteen acres, one rood. A moiety of Killane, eleven acres. The moiety
of Moyshell, two hundred and nineteen acres. — To the use of the heirs
and assigns of Ulick for ever. Date 12th Feb. 31st year. Inrolled 3rd
March, 1680.
Richard Warburton, of Garry hinch, in the Queen's
County, Esq. Kilbreckan, Kilgarran, and Ballynemeere, two hundred and
fifty-one acres, twenty-five perches, or two hundred and fifty acres,
one rood, twenty-five perches, (four hundred and six acres, one rood,
twenty-one perches statute), three pounds ten shillings; part Fennagh,
barony Forth and Idrone. Date 9th Oct. 34th year. Inrolled 30t h Oct.
1682.
An account of the particular savings contained
in the patents under the Acts of Settlement and Explanation.
In the
preceding grant to the Duke of Ormonde. Saving to Edmond Roch and his
heirs, the full benefit of his decree. To Francis Eustace, the benefit
of his decree to the lands of Killmoglish, To Ulick Wall, such right as
should be decreed him, as a nominee, the duke being first reprized, to
Mizell, Graigene-epidoge, Clonmocshenine, and Temple-Peter, half. To
Mary Walsh, the benefit of her decree to Kinure.
On the restoration of the king, the duke of Ormonde
was justly raised to various offices of rank and dignity. He enjoyed the
particular favour of his majesty, who, in this instance at least, did
not seem ungrateful for past services. But the frequent, if not
universal attendant of great prosperity is envy; to which, in courts, is
superadded the baleful passion of jealousy, as exhibited towards the
objects of royal favour. The duke of Ormonde could not hope to escape
the dislike of the envious and jealous, nor could he expect to avoid the
bad feeling of the unsuccessful, the unprosperous, or the discontented.
Accordingly, we find that attacks were made on him in various shapes;
among the rest the aid of the press was called in by his calumniators.
About the year 1671, several libellous tracts appeared; one of which was
entitled: Queries relating to the revenue of Ireland, and to the duke of
Ormonde. It was stated in this production, that the barony of Idrone, in
our county, was decreed to the duke by the commissioners of the court of
claims; while insinuations are made against the honour of the
commissioners, as well as the veracity of the witnesses, on whose
testimony they acted. This allegation was, however, wholly untrue. As
the duke did not then possess one acre of the barony more than he had
enjoyed before the rebellion; when his lands in it were very limited in
extent.
Attempts were now made by the Romanists to repeal
the acts do settlement; for which purpose pretended grievances and
fabricated acts of injustice were exhibited. Among others, the duke of
Ormonde was charged with passing the lands of various individuals for
his own, and thus adding considerably to his estate. Carte enters very
fully into this matter, which might be considered not merely an attack
on the character of the duke of Ormonde, but on the vested interests of
the Protestants and others who had been secured in the possession of
their property by the acts of settlement. As two of the principal
witnesses brought forward by the enemies of the duke and by the
discontented party were closely connected with our county, and as, in
short, most of the transactions related occurred within its boundaries,
we must give the statement of Carte, which we do in his own words :"
Edmond Byrne (says he) was a freeholder in the
barony of Forth, in the county of Catherlogh, and as such, with the
ancient proprietors in that barony, signed the petition presented by
them to his grace's commissioners, in the year 1663; wherein they
acknowledged a tenure to the duke, and this by the advice of Patrick
Byrne, their counsel at law. He was a considerable witness in giving
evidence to several juries for making good those tenures, and was
himself of one or more of those juries, who upon their oaths found the
said tenures, being for tie most part Irish proprietors of land within
the barony, to whom some English protestants were joined. He gave the
like evidence before the claims ; but renting a small parcel of land at
Shragh, of the earl of Arran, (upon whom his grace had settled his lands
in that barony), and not paying the rent, he was distrained upon, and
giving bond for payment, but failing therein, was thrown into gaol.
Byrne in his necessity was willing to try any means of relief, and
forgetting his former oaths, thought fit to pretend that there was no
quit-rent really due to the duke of Ormonde out of the barony of Forth,
and that the lands he rented were rightfully his own. He offered his
service to discover this before the commissioners for concealments, but
that commission not going forward, his son Gerald went to England, and
petitioned the duke for relief, who told him he would write to his agent
Mr. Matthews to see redress given him, if he were aggrieved in any
respect. The man did not care to be referred to Mr. Matthews; and to
give some colour to his pretensions, produced three different notes,
with the names of his grace's commissioners put to them, expressing that
he was to pay only a chiefery out of the lands of Shragh, and directing
Mr. John Bagot the receiver to suspend the rent till further order. The
duke saw by the hand-writing that his commissioner's names were not
Wrote by themselves, and suspecting the forgery, caused Mr. Gascoigne
his secretary to take copies thereof. He told Byrne his suspicions, but
offered to send directions into Ireland, that he should have the benefit
of these notes, if either of the commissioners would own they had signed
them. Byrne seeing he was like to be detected, came no more near his
grace; but meeting with encouragement, presented a petition to the king
for redress. He did not wait the issue of it; but finding that Sir W.
Flower was in town, and fearing his forgery would be severely punished,
he absconded, and made off for Ireland."
"The other witness produced was one captain James
Nolan, whose ancestor Hugh Nolan divided his little estate in Shangarry,
in the (same barony, containing ten acres Forth measure, equally between
his two sons, Cahir and Daniel. The former left issue, and the latter
marrying two wives, had by the first Edmond, father of James Nolan.
Daniel, on occasion of a difference with his son, declared that Edmond
was born two years before wedlock, and by a feoffment made September
6th, 1640, ready to be produced and proved, settled what land he had in
Shangarry on Patrick Nolan, his son by his second wife Anastace Byrne,
and his heirs; so that captain Nolan could have no right to the land,
which Patrick Nolan entered upon and possessed from his father's death,
till he took lands in Connaught. The captain joined with the nuncio's
party in the war, and before he went abroad in Daniel Kavanagh's
regiment, in 1652, had, in an excursion from the garrison of Clonmullin
belonging to that party, being guilty of several murders, and
particularly had hanged Patrick Nolan, Jas. Curreen, a servant of Thomas
Bagnall, (whom he took out of his master's haggard at Ballenunry), and
two others of the neighbourhood, and there were living witnesses to
prove the facts. Captain Nolan came back into Ireland some time after
the restoration, and it appearing by an inquisition after the death of
Thomas earl of Ormonde, signed by Sir Philip Percival, that the rents of
eight pence an acre had been duly paid him out of all the lands
belonging to ancient proprietors within the barony of Forth, and being
proved that Shangarry in particular paid rent to Walter earl of Ormonde
is being found in 1664 at a court baron before John Walsh, as the duke's
seneschal, by a jury of ancient native proprietors, (of which captain
James Nolan was one), that it was held of his grace by certain rents and
customs ; and Patrick Nolan, the ancient proprietor of that place,
having acknowledged the same; Shangarry had, upon these and other
evidences, as well as by other testimony, being adjudged by the court of
claims to belong to the duke of Ormonde. Possession had been accordingly
taken of it, the lands having never been set out to adventurers ; and
captain Nolan rented the premises for some time; but having on May 6th,
1669, (as the indictment runs) traitorously murdered one Thady Nolan,
and not daring to stand a trial, he fled into England. "
"Somewhat above a year after his flight thither, he
came to the duke of Ormonde with a petition, setting forth, ' that he
had been necessitated to come out of Ireland to complain of his
sufferings and grievances to his grace; that he had been turned out of
an estate which had belonged to his ancestors, and had been rented by
himself ; that Mr. Walsh could certify it was through his industry, that
his grace was possessed of several other lands in the barony of Forth;
that he had been at great charges in, supporting the duke's title again
Sir Richard Kennedy and captain Thomas Bordell, in the court of claim;
and having two children with him whom he intended to send abroad to be
educated, ha could subsist no longer in London, and desired his grace to
make him some satisfaction for his charges in the suit with Kennedy, and
to dismiss him back to Ireland.' The duke gave him eight guineas to bear
his charges thither, and wrote to Mr, Malther and Mr, Walsh to give him
recompense, if there was any truth in his pretensions. This was his
story on August 6th, 1370, when he presented that petition to hits
grace; but it was as false as what he afterwards advanced. For instead
of going to Ireland an he pretended, he found it more for his advantage
to continue in London, to clamour against the duke of Ormonde, and at
last to petition the king. This he did on November 29th, 1671,
representing, that his grand-father was seized in fee of some lands in
the barony of Forth in the county of Catherlogh on October 20th, 1641,
and died thereof seized in 1647, as his father likewise did in the same
year; that the petitioner followed his majesty's fortune abroad in 1652,
and continued constantly in his service beyond the seas till 1662, when
he returned into Ireland, with hopes (upon his majesty's restoration) to
be restored to the said lands as his birthright and inheritance; that
the duke of Ormonde funding those lands contiguous to part of his own
estate, and not enjoyed by any adventurer or soldier, possessed himself
of the same without any manner of title, and that his grace, upon the
petitioner's address to him, bad agreed and promised to restore the said
lands to the petitioner, paying to his grace and his heirs yearly twelve
pence per acre country measure; whereunto the petitioner agreed, to
avoid the charges of passing the court of claims ; that his grace,
pursuant to that agreement, passed those lands in his decree and letters
patents, and seeing that the petitioner (contented with that agreement)
omitted the advantage he might get by suing for those lands in the court
of claims, refused ever since to give- the petitioner the benefit of the
said contract ; but still detained the lands against all equity and
justice, to the utter destruction of the petitioner, his wife, -and nine
young children, if not commiserated by his said lands were still
undisposed of to any use by the acts of settlement and explanation, and
that the duke of Ormonde who enjoyed them at present could pretend no
other title to the same- but as was before premised; the petitioner
therefore prayed that his grievances and woful oppression might be
referred to the commissioners appointed to review the settlement of
Ireland, and the said commissioners ordered to take such speedy course
for the petitioner's relief as should be convenient and just."
The duke was present in council when this petition
was read, and desired that Nolan might be called in, his grace offered,
that if he could prove that either himself or those employed by him had
made any such bargain .with him, as he mentioned, he would give him the
land. Nolan affirmed that Mr. John Walsh had made it with him before
forty witnesses. The duke was very well satisfied of the falsehood of
Nolan's claim to the few acres of land in question, having before in
answer to his letter of August 6th, 1670, received from Mr. Walsh a
report of the state of the case, by which it appeared, that neither the
captain nor his father had ever any right, or been in possession of the
land, and that the true old proprietor, Patrick Nolan, was still living,
and ready to prove his title and former possession. He was also fully
persuaded, that John Walsh had never made any such agreement as was
pretended; and therefore moved that Nolan might prove the facts charged
in the petition; which was ordered accordingly. The pretended bargain
with Mr. Walsh was now the chief, and indeed the only point in question;
and therefore though the duke could not think it possible, that he
should enter at all into such a contract in his behalf without his
consent, or if that was possible, that he would not in all that time
advise the performance of it, yet he wrote to him for an account of that
affair. Walsh absolutely denied any such contract, having only let him
the land as a common tenant, upon the man's desire to be so admitted. "
This appeared pretty clearly from the occasion of
their being let, upon the court of claims having adjudged them to the
duke of Ormonde. Immediately after that decree, viz., on July 27th,
1663, captain Nolan presented a petition to his grace, which I judge to
be in his own hand-writing, because it is evidently the same with that
in which the other before mentioned, and presented to the duke seven
years afterwards, was written, setting forth, 'that the petitioner's
ancestors had time out of mind been farmers to his grace and his noble
ancestors of the land of Shangarry, paying twenty shillings rent a year,
with other usual country customs and duties; that he had committed no
crime to occasion a forfeiture, and had served for twelve years past
abroad with his grace, in his majesty's service, yet had entered no
claim, relying altogether upon the goodness of his grace, and being
ready to submit himself to such increase of rent as his grace should
think fit. He desired that his grace would likewise be pleased to
consider the zealous affection of the petitioner's predecessors to the
most noble house of Ormonde; for when Walter Butler, earl of Ormonde,
was detained in England, and Sir Arthur Savage came with some pretended
title or interest, and constrained most part of the barony of Forth to
compound with him; yet the petitioner's father and grandfather openly
declared against his interest, and were put to great charges at law,
till Walter, earl of Ormonde, had settled his affairs, and sent orders
for their quiet possession of the said lands, which they so enjoyed till
the late times of usurpation, and therefore he humbly prayed his grace
to settle him in the said land in whatsoever manner he should think
fit.' On the back of this petition, there is an order signed by his
grace, referring the examination of the matter to John Walsh; upon which
the captain was admitted to rent the land of Shangarry."
It is very, evident from this last recited
petition, that the land hi question -had always been rented of his
grace's ancestors, and consequently were rightly adjudged to him by the
court of claims; that captain Nolan had made no bargain with Mr. Walsh,
nor had contributed any thing towards the procuring the decree of the
court; for if he had, he would not have been silent on this occasion,
and have rested all his merits on his predecessor's adherence to the
house of Ormonde, and on his own service abroad. He pretends, indeed,
that he was an innocent, and might have entered his claim, if he had
pleased; but these were mere pretences, for though he had been never so
innocent, he had no colour of title to the land, which belonged to
Patrick Nolan, who was so well known to be the old proprietor, that he
had at this very time joined as such in the common petition of the
freeholders of that barony to the duke ; and if his descent and title
had been never so good, yet his guilt was such, that by the act of
settlement he ought to lose his land, and by the common law his life
also. It is not a little strange that such a fellow should be suffered
to bring an accusation against a man of the duke of Ormonde's quality
and character; and it would certainly have been the more proper way,
first to have sent Nolan into Ireland in custody, to undergo a trial for
the crimes laid to his charge; and then if be could fairly acquit
himself thereof, to take his pretensions into consideration.
The duke of Ormonde, notwithstanding Nolan's
crimes, still thought it behoved him to vindicate himself from an
accusation which had been industriously spread in the world, and was
become the subject of common discourse. He took occasion from the two
petitions being sent him by the king's order to offer to his majesty in
council the following answer to the purport thereof. '
“Your majesty, (says he), by your order of Jan.
19th, in council, wan pleased to command that two petitions, the one
from captain James Nolan, the other in the name of one Edmond Byrne,
should be sent me ; and though I am not thereby commanded to make any
answer to those petitions, yet I conceive it may be your pleasure, and
my duty, to give your majesty the best account I am, hero and at
present, able to give of the matters complained of. "
“Your majesty may be pleased to be informed, that
no man could be a greater stranger to his own fortune and interest than
myself; neither my faculties or inclinations much enabling or disposing
me to that kind of work. Besides, that the breaking out of the rebellion
in Ireland, when I was perhaps more fit and inclined to consider my own
affairs, gave me other employment, and rendered any thought of the
management of my fortune (which was wholly possessed by the rebels)
utterly useless. Soon after your majesty's happy restoration, you were
pleased to command me again to serve you in the government of that
kingdom; where the absence of the royal authority for so many years, the
divided interests there, and other difficulties, and attending the
settlement of that kingdom, so took up my time and thoughts, that I was
constrained to put the management of my private concernments into the
hands of friends and servants, the most prudent and honest nest I could
light on ; with this general instruction, to let me rather lose my right
in some things, than to gain any thing for me wrongfully, or but hardly
from any man. This instruction (I presume) they have observed, not being
able to conceive what temptation they could have to transgress it. That
an instruction to this effect was given, Sir Wm. Flower, who was one of
the persona entrusted and employed by me, and now in town, will, 1
think, acknowledge."
What I have thus far troubled your majesty with, is
to discharge myself from the suspicion of any sordid desire or mean
contrivance to gain more land, than might be fairly and justly mine,
Wherein I may the more easily be believed, for that of what I might
legally and fairly have kept, I have parted with the value of some
thousand a year, to those, who I thought in some degree worthy if relief
and compassion. And if this be true, as I am able to make it appear, it
will seem improbable, if not incredible, that I should enter into low
and unwarrantable contracts, as those wherewith I am charged in the said
petitions; especially for so wretched a portion of land, as their
pretensions do amount unto, not exceeding (as I am informed) forty
pounds a year."
“Having informed your majesty how great a stranger
I was and am to my own interest, and thereby, and by the fore mentioned
instruction given those employed by me (as I humbly conceive) freed
myself from the guilt of their failings, if any could have been fixed
upon them, all I can now say to the matter of their complaints is;
first, as to Nolan, that about the month of August, 1670, he gave me a
petition to the effect of that presented by him to your majesty, and
referred himself for the truth of his allegation to Mr. John Walsh, (one
of the persons entrusted by me), to whom I sent the petition and the
case of Nolan stated by himself. From Mr. Walsh I received a return much
differing from the castrated by Nolan, who having seen it, made a kind
of reply unto it, which pretended to answer the objections of Mr. Walsh;
which papers are hereunto annexed. But not being able to judge of the
truth on either side, and being willing to afford all reasonable relief
to Nolan, if his allegations proved true, I writ a letter by him to my
brother George Matthews, who manages my affairs, directing him to enter
into the full examination of the matter, and to return me a true state
thereof; and gave Nolan money to bear his charges into Ireland. But for
what reason or by what advice he declined that, and took the way he is
now in, and kept my letter in his hands, he best knows. Thus I leave
Captain Nolan, with tins only observation, that when he thought it might
be for his own advantage, he frankly swore those lands did hold of me,
and sat now he as confidently affirms that they did not."
As to Byrne, the account I receive from Mr. John
Walsh is, that he was the first of all the ancient proprietors of the
barony of Forth, who gave evidence for my title and tenure in the lands
of that barony; that he with others signed to a petition preferred to me
by those proprietors in the year 1663, wherein they acknowledged my
tenure; that he was the principal person who gave evidence to several
juries to make good the said tenure, and was himself of one or more of
their juries; that he was one of the witnesses who deposed publicly in
the court of claims, that the said lands were held by me and my
ancestors by certain rents and duties; that therefore, and upon
producing of several rent-rolls, court-rolls and other evidences, the
said lands were decreed to me, and past to me by certificates and
letters patent pursuant to the act. But Mr. Walsh utterly denies, that
the said Byrne did ever desire his advice concerning a claim to be by
him entered in the court of claims, nor did he ever divert him, or any
body else, from so doing; nor did ever make any such promise to the said
Byrne, as he pretends. "
This is all I can at present say as to Edmond
Byrne, whose case differs from Nolan's principally in this, that whereas
Nolan first affirmed, that I had made a contract with him, and not being
able to prove that, charged it upon those employed by me; this Byrne,
son of the said Edmond, produced a writing unto me containing some such
kind of promise as he now pretends, subscribed by Sir William Flower,
Edward Butler, and Matthew Harrison; whose hands upon view, I found to
have been counterfeited; as will appear, 'if he be called upon to
produce the said paper, whilst Sir William Flower is here to judge of
his own hand-writing.'
Nolan had flattered himself, that the prayer of his
petition would have been readily granted, and that the examination of
the matter of it would have been referred to the before-mentioned
commissioners (appointed in consequence of colonel Talbot's petition)
for reviewing the settlement of Ireland. He thought himself sure of
finding powerful friends among them, who would help out the defects of
his evidence, and did not question but they would be glad to countenance
every thing that could throw a reflection on the duke of Ormonde. But
the order of council on November 29th, requiring him to prove his
allegations before the board, entirely disconcerted all his measures. In
the following month, when he was to produce his witnesses pursuant to
the order, he presented another petition to the king, praying " that his
majesty would be graciously pleased to order, that colonel Richard
Talbot might appear before his majesty at council, to declare his
knowledge of the matter depending between his grace the duke of Ormonde,
and the petitioner." This Was granted, but Talbot apprehensive that it
might prove at last a scandalous affair, and that himself might possibly
be involved in' the censure which it deserved, thought fit to pretend
business in Ireland, and set out for that kingdom. Nolan hereupon
presented another petition, which was read in January 19th, in council,
representing, that he was not able to produce his witnesses before his
majesty in England, and that colonel Richard Talbot had departed for
Ireland before his knowledge in the premises had been examined, and that
the rest of his witnesses were in Ireland, and in the records of his
majesty's ex chequer, and other courts in that kingdom that could
further justify and clear the true allegations of the petitioner in his
said former petition; for which reason he prayed that his majesty would
be pleased to order, that the petitioner's witnesses, and all other
necessary proofs concerning the premises might be examined in Dublin
before any persons that his majesty should think fit.
After seven weeks' trifling in this manner, without
producing any one witness, it was not thought reasonable to countenance
Nolan's new shift and pretences ; so that no order was made for
examining witnesses in Dublin. Yet the man met with such extraordinary
indulgence, that upon a representation from some body at the board (for
it is not mentioned in Nolan' e petition) ' that Sir Bernard Gascoigne
could give an account of what colonel Talbot said on that occasion
before his departure for Ireland, it was ordered, that Sir B. Gascoigne
should be spoken with to deliver his testimony in writing unto the clerk
of the council attending.' This was a new kind of evidence, which
however it was allowed on this, was never admitted before on any
occasion; yet it did not serve the turn, Sir Bernard not being able to
say any thing in the matter. At last the several petitions of Nolan, and
the duke of Ormonde's answer, being read in council in February, the
king declared, ' that the complaint against the duke for seizing lands
in the county of Catherlogh without title, was false and scandalous, and
commanded, that as such, the same should be dismissed from the council
board.' It happened very luckily for captain Nolan, that his grace had
not yet received the account of his murders at Ballenunry, nor the
deputy clerk of the crown Patrick Lambert's certificate, (dated February
10th), of the record among the pleas of the crown of the county of
Catherlogh, containing the captain's indictment for the murder of Thady
Nolan, with the depositions relating to that fact; which did not come to
the duke till the 21st of that month. "
When these two persons, Byrne and Nolan, were the
only witnesses that could be found, and their little parcels of land the
only instances that could be alleged, to colour the charge laid upon the
duke of Ormonde of passing other people's land for his own; it must be a
strange prejudice or a strange weakness in any body now to give the
least credit or entertainment to so groundless a calumny."
Thus ended this base attack on the duke of Ormonde.
These vile attempts to disturb the arrangement of property were all
finally crushed by the abolition of the commission appointed for
reviewing the act of settlement; which was effected in pursuance of an
address to the king, from the English house of commons, on 26th March,
1673.
In the year 1675, being the twenty- sixth of the
reign of the King, he granted a new charter to the borough of Carlow.
The following is a copy of the document:
CHARTER GRANTED BY KING CHARLES
THE SECOND TO THE BOROUGH OF CATHERLOGH.
CHARLES the SECOND, by the grace of GOD, of
England, Scotland, France, and Ireland, King, defender of the faith, &c.
to all to whome these presents shall come, greeting. WHEREAS by letters
under our royal signett and signe manuall, bearing date at our Court at
Whitehall, the sixteenth day of August, which was in the three and twentyeth yeare of our raigne,
directed to our right trusty and well -beloved councellor, John Lord
Berkeley, our Lieutenant-Generall, and Generall Governor of our said
Kingdome of Ireland, and to the Chiefe Governor or Governors there, for
the tynie being, wee did signifie our Royall will pleasure therein setting, setting forth that whereas many of
the Charters of the severall cittyes and townes formerly corporate in
our said Kingdome of Ireland have beene by reason of the severall
miscarriages and misdemeanors of the said citties and townes dureing the
tyme of the late horrid rebellion in our Kingdome, forfeited unto us and
others of the said corporacons are dissolved or otherwise determined,
soe that instly wee might reseize all the liberties and franchises that
have been by any of our Royall ancestors granted to the said
corporations, if wee would take the full and uttmost advantage wee
legally might against them, and that whereas wee were graciously pleased
for the incouragement of trade in our said Kingdom of Ireland to extend
our favour to such of the said corporacons as our said Lieutenant-Generall
and Generall Governor of our said Kingdome of Ireland should judge best
meritting the same, and to grant unto them new Charters, with such lands
and other privileges, liberties, and advantages formerly belonging unto
them, as should appear unto our said Lieutenant-Generall and Generall
Governor of our said Kingdome of Ireland, to bee fitt and reasonable to
be granted unto them, wee did therefore by our said letters declare our
royall will and pleasure, and did thereby give unto our said Lieutenant-Generall
and Generall Governor of said Kingdome of Ireland, full power and
authority upon humble suite made unto our said Lieutenant- Generall and
Generall Governor of our said Kingdome of Ireland.by the members of the
said severall citties and towns to cause new charters by the advice of
our learned councell in that our kingdome or some of them to bee passed
unto ye said citties and towns formerly corporate respectively under the
greate seale of our said kingdome Of Ireland in such manner as our said
lieutenant generall and generall governor of our said kingdome of
Ireland should thinke fitt; and whereas Robert, Browne Esq., late
portreeve of our towne and borrough 'of Catherlagh in our county of
Catherlagh in our. province of Leinster in our said kingdom of Ireland,
'and by the free burgesses and communitye of the said towne and burrough
duely considering our grace and bounty freely intended to our said
citties and townes corporate in our said kingdome of Ireland have humbly
petitioned us that wee would bee graciously pleased to grant unto them a
new charter for the said burrough and to incorporate them name of
soverttigne ffree burgesses and cotnmunitye of our said towne and
burreugh of Catherlagh with such franchises, liberties, privileges, and
advantages as they formerly under such restrictions and initiations as
we should think fitt and most conduceing to our service and the
supports of the said burrough. And whereas wee are graciously pleased
for the better planting and im- provejng, of file said towne and
settling of tracle and manufactures therein, to condescend unto the
"humble desires of the petitioners, now know yee, that wee of our
especiall grace, certaine knowledge and meere mocon by and with the
advice and consent of our right trusty and right weloeloved cousen and
councellor Arthur, earl of Essex,. our lieutenant generall and generall
governor of our said kingdom of Ireland, and according to the tenor and
effect of ,our forosaid letters under our Royall signett and signe
manual beareing date at our court at Whitehall .the said sixteenth day
of Ausust , which was in the said three and twentieth yeare of purralgne,
and inrolled in the rools of our hieh court of ehanceiy in our said
kingdome of Ireland, have declared, ordained; and appointed, and wee
doby these presents for us our heires, and successors, declare, ordaine
and appoint, that the aforesaid towpe of Catherlagh and all and singular
castles, messuages, tofts, .mills, houses, edifices, buildings,
cartilages, gardens, waters, rivers, lands, tenements, and heredirimeots
whatsoever., with there appurtenances,. lyeing or being, in or within,
the said towne or village, or the- precincts thereof, shall from hencer
forth for ever; bee one intine and free burrough of itselfe, and shall
for ever hereafter be called and knowne by the ye- name of theburrough
of Catherlogh; and all and singular the aforesaid .premises into one
intire and free burrough of itselfe by the name: of the Burrough of
Catherlagh, wee doe erect, constitute, make, and ordaine by these
presents; and further we doe by these presents will ordain, and appoint,
that within the said burrough there bee one body corporate and politique
consisting of- one soveraigne, twelve free burgesses and a communitye,
and that all ye- inhabitants within thetowne and lands aforesaid bee and
for ever hereafter shall bee by force. of these presents one body
corporate and politique matter, deed and, , name, by the name of the
soveraigoe, free burgesses, and communitye of the burrough of
Catherlagh, and them by the name of soveraigne, free burgesses and
communitye of the burrough of Catherlagh, aforesaid, and one body
corporate or politique in deed and name, really and fully wee de for us,
our heires, and successors, by these presents erect, make, ordain and
constitute, and that by the same name they shall have perpetuall
succession, and that they by the name of soveraigue,. free burgesses,
and communitye of the said burrough of Catherlagh, bee and for ever
hereafter shall be persons able and capable in, law to have, purreceive,
and possess lands, jurisdiecans, franchise.!, and hereditaments,
whatsoevernature or kind soever forever, and also goods and chattles,
and other things, of whatsoever nature or kind they bee, and also given
grant demiseand assigne, lands, tenements and hereditaments, goods and
chatties, and to doe and execute all other matters and things by the
name aforesaid, and that by the name of soveraigne free burgesses and
communitye of the burrough of Catherlagh they plead and bee Impeded,
answer and bee answered, defend and bee defended before us our heirs and
successors, and before whatsoever justices and judges of us, our heires
and successors, in whatsoever courts of us, our heires and successors
and elsewhere wheresoever, of and in all manner of accons, suites,
pleas, quarrells and demands whatsoever against them or by them in' any
manner to be psequted or obtained. And that they the said soveraigne and
free burgesses of the said burrough and their successors for ever shall
have full power and authority to chuse, returne aud send to discreete
and fitt men to serve and attend in every parliament hereafter to be
held in our said kingdome of Ireland, and that such men soe chosen,
returned and sent, may have full power and authority to debate and
consult of such affairs and matters as shall bee there declared
emdppounded to them and others, thereupon freely to give their votes and
to doe and execute all other things whatsoever as fully and freely as
any other burgesses of any other ancient burrough in our said kingdome
of Ireland or in our said kingdome of England in parliament then have
accustomed to doe and execute; wherefore wee will and by these psents
for us, our heirs and successors we doe give and grant the aforesaid
soveraigne and free burgesses of the said burrough and their successors,
and also we doe for us, our heires and successors require and command
all sheriffs, officers and ministers whatsoever of us, our heires and
successors of our said county of Catherlagh for the time being to whom
any our writt or writts of election of burgesses of parliament within
our said county of Catherlagh at any time or times hereafter shall be
directed, that every such sheriff, officer or minister to whom any such
our writt or writts shall be directed shall make their pcepls to the
soveraigne and free burgesses of the said burrough for the tyme being
for the electing and returning two of their burgesses according to the
forme and effect of the same writt or writts, and these or Ires patents
or the inrollment thereof shall bee as well to the said soveraigne and
free burgesses of the said burrough and their successors as to all and
singular the sheriffs, officers and ministers whatsoever of us, or heirs
and successors, or sufficient warrant and discharge in that behalf. And
to the intent that it may appear to after times that this new
corporation was at first composed of honest, discreet men, wee doe make,
nominate and constitute the said Robert Browne, Esq. to bee the first
and moderne soveraigne of the said burrough, to continue in the same
office until the feast of St. Michaell the Arch' angell next after the
date of these psents; and wee doe by these psents institute, ordaine and
appointe that the said Robert Browne, before he take upon him to execute
the said place of soveraigne of the said burrough, by veftue of these
psents, doe take the oaths of supremacy established by act of parliament
secundo Elizabethe in his kingdome, and the oath of allegiance, besides
the oath heretofore usually taken upon the admission of any pson into
the office of portreeve of the said burrough, and also this ensueing
oath, VIC.
I, Robert Brown, doe declare and believe that it is
not lawfull upon any plence whatsoever to take armes against the king,
and that I doe abhor yt-trayterous position of taking armes by his
authority against his pson, or against those that are commissioned by
him, soe helpe mee God : the said oaths to be taken before our trusty
and welbeloved councellor Sir John Temple, knight, master of the rolls
in our said kingdoms of Ireland, whome wee doe hereby "im-power and
authorize to administer to ye- said Robert Browne, Esq. said oaths. And
wee doe likewise make, nominate and constitute our trusty and welbeloved
councellor Sir John Povey, knight, chiefe justice of our court of chief
place in our said kingdome of Ireland, Sir William Temple baronett, John
Nicholas, Esq., Robert Browne, Esq., Edward Reynolds, gentleman, John
Warren, Esq., Robert Curtis, Michall Heade, gent. Samuell Blackshaw,
gent. Sir Thomas Butler, bart, Sir John Davallier, knight, Henry
Berkeley, Esq., and John Tench, gent., to bee first and modern twelve
free burgesses of the said burrough, to continue in the said office of
free burgesses of the said burrough dureing their severall lives,
unlesse that they or any of them in the mean time for misbehaviour or
other reasonable cause shall be removed from the said office or offices;
and wee doe likewise by these psents institute, ordaine and appoint that
the said Sir John Povey, Sir William Temple, John Nicholas, Robert
Browne, Edward Reynolds, John Warren, Robert Curtis, Michall Heade,
Samuell Blackshaw, Sir Thomas Butler, Sir John Davallier, Henry Berkeley
and John Tench respectively, before they or any of them take upon them
to execute the said place or places do free burgesses -of the said
burrough by virtue of these psents, doe take ye-aforesaid severall oaths
of supremacy and allegiance, besides the oath heretofore usually taken
upon the admission of any pson or psons into ye-office of free
burgesses of the said burrough, and also this ensueing oath, viz. I, A.
B. doe declare and believe that it is not lawfull upon any pretence
whatsoever to take armes against the king, and thatt I doe abhor that
traytorous position of taking armes by his authority against bis pson or
against those thatt are commissioned by him, soe helpe mee God: the
said oaths to bee taken before the said Robert Browne, being first sworn soveraigne of the said burrough, whome wee doe hereby impower and
authorize to administer to the said Sir John Povey, Sir William Temple,
John Nicholas, Robert Browne, Edward Reynolds, John Warren, Robert
Curtis, Michall Heade, Samuell Blackshawe, Sir Thomas Butler, Sir John
Davallier, Henry Berkeley and John Tench, severally and respectively the
said oathes. And wee doe likewise make, constitute and nominate
JohnSmith, Richard Curtis, John Paagett, Richard Browne, Thomas
Ilollyday, and William Scoley, iind such other psans who are at psent
free of the said burrough together with all the inhabitants of the said
towne, and soe many other psons as the soveraigne and free burgesses of
the eaid burrough tor the time being shall admitt into the freedome
ofthe said burrough to bee of the communitye of the said burroagh.
And
wee doe by these psents further ordaine, institute and appointe that noe
person or persons that shall hereafter bee elected soveraignp or
burgesse of the said burrough of Catherlagh shall bee capable of
holding, enjoying or executing any the said offices, plans or
employments untill hee or they shall have taken the aforesaid oath of
supremaeye and the oath of allegiance, besides the oathea usually taken,
upon the admisson of any psons into the said respective offices, places
or employments, and also this ensueing oath, viz;, I, A. B. doe declare
and believe, that it is not lawfull upon any plence whatesoever to take
armes against the king, and that I doe abhor that traytorous position of
taking armes by his authoritya against his person or against those that
are commissioned by hin soe helpe mee God: the said oathes to be taken
before such person, or psons as shall admit them to the said severall
offices, places and employments, who are hereby empowered, authorized
and required to administer to them the said oathes and upon any such
pson or psonis refusall to take yc. said oathes, the election of such
pson or psons into any the said offices, places or employments is hereby
declared to bee absolutely null and void, such psons only excepted with
whose takeing the said oath of supremacye the lord lieutenant or other
chiefe governor or governors of our said kingdome of Ireland for the
time being for some particular reasons shall thinke lilt by writing
under his or their hands by name to dispense.
And our will and pleasure
further is, and wee doc by these psents for us, our heires and
successors grant unto the said soveraigne, free burgesses and communitye
of the said burrough and their successors, that the said soveraigne and
free burgesses of the said burrough for the tyme being, shall and may on
the feast of St. John the Baptist yearly for ever assemble themselves in
some convenient place within the said burrough, and that the said
soveraigne, free burgesses being soe assembled, or the major pte of
them, before they departs may there elect one of the more discreete free
burgesses of the said burrough to the office of soveraigne of the said
burrough, who. haveing taken the aforesaid severall oathes in manner as
aforesaid,, may enter upon the execucon of the said office for one yeare
from the feast of St. Michaell the archaugell then, next following, and
untill one other of the burgesses of the said burrough bee dulyi chosen
approved of and sworne to that office in manner as aforesaid. And
further of our like especiall grace, certain knowledge and meere mocon,
wee will and by these psenls for us, our heirs and successorsdoe. grant
unto the said soveraigne, free burgesses and. communitye of the said
burrough and their successors, that if and as often as it shall happen
that the soveraigne of the said burrough for the tyme being within the
yeare after hee is chosen and sworne to the office of soveraigne of the
said burrough as aforesaid shall dye, or any wayes avoyd his said office
that then and soe often the free burgesses of the said burrough and
their successors, or the major pte of them, shall and may within fi
fteerie dayee after such vacancye chuse another fitt pson of the said
number of free bur- gesses to the soveraigneshippe of ye. said burrough,
for the governingof the said towne during the residue of the said yeare,
aud that every pton orpsons, to the said office of sovereign of the said
burrough soe as aforesaid chosen, shall and may execute the office of
soveraigne of the said burrough, untill the feast of St. Michaell the
archangel, next after such election, hee first taking the aforesaid
several oaths in such manner as in these psents is set forth. And
further, because the soveraigne for the time being may many times have
just occasion to bee absent from the said burrough of Catherlagh, either
for the public affairs thereof, or on his own urgent occasions ; wee doe
therefore for us, our heirs and successors by these psents give and
grant unto ye. said soveraigne and free burgesses, and their successors,
that the said Robert Browne and his successors, soveraigne of the said
burrough for the time being, and every of them shall have full power
from tyme to tyme during his tyme of government with the consent of the
burgesses of the eaid towne, for the time being, or of the greater pte
of them, to substitute in his absence some discreett and substantial
pson, being one of the number of the burgesses, inhabiting in the said
towne and burrough, to bee the deputy soveraigne of the said burrough
during the absence of the said soveraigne ; and such deputy soveraigne
for the tyme being, vee doe by these psents, fully and absolutely
authorize to doe and execute all things whatsoever belonging to the said
office or place of soveraigne, during the absence of such soveraigne in
as large and ample manner, as if the said soveraigne himselfe were
psonally psent; such deputy soveraigne before he enter upon the said
office, first taking the aforesaid several respective oaths, before the
said soveraigneand burgesses then psent, whome wee doe hereby authorize
dulety to administer the same. And further our will and pleasure is, and
wee doe by these psenls, for us, our heirs and successors, make, ordain
and appoint the soveraigne of the said burrough of Catherlagh, for the
tyme being, to be a justice of the peace within the said countie of
Catherlagh, and within the bounds and limitts of the said countye,
during the time that hee shall bee soveraigne; and wee doe hereby give
full power and authority unto the soveraigne of the said burrough, for
the time being, to doe and execute all and every act and acts, thing and
things, whatsoever, within the bounds and lymits of the said countye of
Catherlagh, in as absolute and ample manner as any justice of the peace
within our said countye of Catherlagh, may or ought to doe, by the laws
and statutes of this realme. And further of our more especiall grace,
certain knowledge, and meere mocon, by and with the advice, and consent
aforesaid, wee will, and by these psenls, for us, our heirs and
successors, doe grant unto the said soveraigne, free burgesses and
communitye of the said burrough and their successors, that if any of the
free burgesses of the said burrough, soe as aforesaid in these psents
named, or any of the free burgesses of the said burrough, hereafter to
be chosen, shall die or are removed from their offices, which free
burgesses and every or any of the misbehaving themselves in that office,
our will is, that they bee re- moveable at the pleasure of the
soveraigne, and the maior pte. of the free burgesses of the said
burrough for the tyme being; that then the soveraigue and the rest .of
the free burge'sses of the said burrough for the tyme beinge, within
seaven days after tie death or removall of such free burgesse or
burgesses, shall and may assemble themselves in some convenient place
within the said durrough, and that the said soveraigne and free
burgesses being so assembled, or the major pie of them before they depte,
shall and may elect one or so many as shall be wanting of the aforesaid
number of twelve free burgesses, of the better and more discreet
inhabitants of the said burrough, into the place or places of that free
burgesse, or those free burgesses soe dead or removed from their
aforesaid offices, to continue in the same office or offices during
their naturall lives, unless for misgovernment or, misbehaviour in that
behalfe they or any of them shall be removed; and that every pson so
chosen to the office of a free burgesse of the said burrough before hee
bee admitted to execute that office, and within seven days 'after such
ettecon, shall take the aforesaid severall oaths of supremacye and
allegiance, and likewise his corporate oath before the soveraigne of the
said burrough for the time being, or before the residue of the free
burgesses of the said burrough then surviveing and in ye- said offices
remaining or the maior pie of them, well and faithfully to exercise the
office of a free burgesse of the said burrough ; to which said
soveraigne for the tyme being, and to the free burgesses or the maior
pte of them for the tyme being, wee doe by these psents give full power
and authority to administer the aforesaid severall oaths to such free
burgesse newley sworne, and soe often as in the like case shall happen.
And farther of our especiall grace certain knowledge, and meere mocon,
by and with the advice and consent aforesaid, wee doe by these psents
for us, our heirs and successors, give and grant unto the said
sovereigne, free burgesses and communitye of the said burrongh, and
their successors, that they and their successors for ever shall and may
have, and hold a court in some convenient place within the said burrough,
to be held before the soveraigne of the said burrough for the tyrae
being, and to hold pleas in the said court every Thursday from week to
week, of all and singular accons of debt, covenant, trespass, detinue,
contract and psonall demands, whatsoever, happening or arising in or
within the said burrough or the liberties thereof, not exceeding the
sume of five markes sterl., and y. y" court bee reputed, and accounted a
court of record for ever. And our further will and pleasure is, and wee
doe, by these psenti, of our like especiall grace, certain knowledge and
meere wocon, by and with the advice and consent aforesaid, grant unto
the said soveraigne, free burgesses and communitye of the said burrough,
and their successors for ever, that they and their successors from tyme
to tyme as often as they shall think fitt, shall and may congregate, and
assemble themselves in some convenient place within the said burrough,
and in their assembly es there make, appointe, ordain and establishe
such acts, ordinances and by lawes for the good and wholesome government
of the said burrough, and of the inhabitants thereof; as they or the
maior pit of them shall think fitt and necessary ; and that they may
have power and authority to punish, chastise and correct, by fines and
pecuniary mulcts, whatsoever such psons, as are offenders against such
ordinances and by lawes, soe that the said acts ordinances and by lawes,
fines, and mulcts, be reasonable, and not contrary or repugnant to the
lawes and statutes of our said kingdome of Ireland, nor any the rules,
orders and directions made and established by our lieutenant, and
count.ell of our said kingdome of Ireland, for the better regulating of
the eaidborrough of Catherlagh, amongst other our citties walled townes
and forporacons, within our said kingdom of Ireland. And further wee
will, and by these psents, for us, our heirs and successors, doe grant
unto the said soveraigne, free burgesses and conitnunitye of the said
burrough, and their successors for ever, that they may have a guild
mercatory, within the said burrough, and the same or the like comon
seale which the portreeve, free burgesses and communitye of the said
towne, lately had ; to bee ingraven with such forme and inscription as
they shall think best to serve for the affairs of the said burrough for
ever ; and that they may from tyme to tyme, for ever, as often as need
shall require, elect, constitute, and ordaine of themselves two
serieants at mace, and other inferior officers, and ministers necessary
for the better government of the said burrough, and the inhabitants
thereof. And every psoti, soe from tyme to tyme chosen, constituted and
ordained, wee doe make, constitute and ordain to bee serieants at mace
and other officers, and ministers of y"- said burrough respectively, and
to continue in their said offices during their good behaviour or at the
will and pleasure of the said soveraigne, free burgesses and communitye
of the said burrough ; and that every such serieant, officer and
minister, before hee bee admitted to exercise his office, doe take his
corporall oath, before the sovereigne of the said burrough for the tyme
being, well and faithfully to behave himself in his office. And further
of our like especiall grace, certain knowledge and meere mocon, we doe,
by these psents, for us, our heires and successors, give and grant unto
the said soveraigne, free burgesses and communitye of the said burrough,
and their successors, for ever, that the soveraigne of the said burrough
for the tyme being, for ever shall bee clerk of the markett, within the
said burrough, and the liberties thereof, aud that hee shall have from
tyme to tyme, full power and authority to doe and execute all and every
tiling and things, to the said office of clerke of the markett, within
the said burrough, belonging or in any wise appertaining, soe that rioe
other clerke of the markett of us, our heirs and successors, shall enter
into the said burrough or ye. franchises thereof, to doe or execute the
said office of clerke of the markett or any thing to the said office of
clerke of the markett, within the said burrough belonging or
appertaining.
AND WHEREAS, we are fully satisfied that it is of great
importance to our realme of Ireland, and will tend much to the
advancement of trade, traffique and commerce, in our said kingdome, that
all sorts of manufactures should bee improved therein, and that the said
sovereigne, free burgesses and communitye, have declared themselves
willing, and forward to give all incouragement and furtherance to soe
good a worke, there- fore, our will and pleasure is, and the said
soveraigne, free burgesses and communitye, of the said burrough of
Catherlagh, doe for themselves and their successors accordingly grant
and agree to and with us our heirs and successors, in manner and forme
following, that is to say : that it shall and may bee lawfull to and for
every pson and psons, as well strangers and aliens, as our subiects of
Protestant religion who are or shall bee traders, artizans, or otherwise
skilled and exercised in any misterye, craft, or trade, or in the
workeing or makeing any manufacture, who shall at any time hereafter att
or before the end of the next session of parliament to bee held in our
said kingdome of Ireland, come into the said burrough of Catherlagh with
intent and purpose there to in- habitt and dwell upon his or their
reasonable suite or request made in that behalf, and upon payment or
tender of twenty shillings, by way of fine unto the soveraigne of the
said towne, to be admitted a freeman of the said burrough of Catherlagh,
and during his or their residence there to have, exercise and enjoy all
privileges and imunityes of tradeing, buying, workeing, and selling, in
as large and ample manner as any freeman of the said burrough, may have,
exercise or enjoy the same, by vertue of his or their freedom, any thing
in these our Ires patents contained to the contrary thereof,
notwithstanding. Our royal will and pleasure is, and wee doe hereby
grant, and declare that every such pson and psons, who shall bee
admitted to bee free of the said burrough, in manner as aforesaid, shall
from thenceforth bee deemed, esteemed, and taken, and bee denizen and
denizens, within this kingdome, and shall and may have, hould and enioy
all other freedoms; benefits and advantages granted, or intended by the
said acts ; any former law, statute, charter, usage or custome of our
said kingdome of Ireland, or of the said burrough of Catherlagh,
otherwise to the contrary thereof, in anywise notwithstanding ; provided
nevertheless, and our expresse will and pleasure is, that all such
strangers, artificers and others who shall bee admitted freemen, in
manner as aforesaid, before hee or they bee admitted freemen, doe take
the oath of allegiance, and such other oaths as are directed and
appointed in such cases to be taken, in and by the said net, and shall
pay beare and sustaine all such and like charges as othere freemen, our
subiects of like trade, craft or mistery, shall or doe usually beare,
and pay within the said burrough. And further of our ample grace,
certain knowledge, and meere mocon, by and with the advice, and consent
aforesaid, wee doe, by these presents, for us, our heirs and successors,
grant unto the said soveraigne, free burgesses and communitye of the
said burrough, and their successors for ever, that these our Ires
patents or the inrollment thereof, and every clause, and article therein
contained, shall be construed, interpreted and adiudged to the greatest
advantage, benefitt, and favour of the said soveraigne, free burgesses
or communitye of the said burrough, and their successors, against us our
heirs and successors, as well in all our courts and else where as in our
said kingdom of Ireland, as elsewhere wheresoever, without any other
conformacon, lycence or tolleracon hereafter ito bee -poured or
obtained, notwithstanding that our writt of ad quod damnvm, had not
issued to enquire of the pmisses before the making of those our ires
patents, and notwithstanding any other defect or any other cause, matter
or thing whatsoever, to the contrary thereof, although noe expresse
mencon bee made of the true yearely vallue or certainty of the pmisses,
or of any guift or grant heretofore made by us or any of our pgenitors,
to these the said soveraigne, free burgesees and communitye, of the said
burrough of Catherlagh, or either of them, of the said pmisses, in these
pseats any statute act, ordinance, provision or restriccon, or any other
cause,"matter or thing whatsoever to the contrary thereof, in any wise
notwithstanding. And wee further will and by these psents for us our
heires and successors, doe grant that these our Ires patent, shall be
passed under the great seale of our said kingdome of Ireland, unto them
the said soveraigne, free burgesses and communitye of the burrough of
Catherlagh, and their successors for ever, without any fine, greate or
small, to bee rendered or paid unto us our heires and successors in our
hanaper of said kingdome of Ireland ; provided always that these our
Ires patents bee inrolled in the rolls of our high court of chancery in
our said kingdome of Ireland, within the space of sis months next
ensuing the date of these psents, any statute, act, ordinance, pvision,
or restriccon, or any other cause, matter or thing whatsoever to the
contrary hereof in any wise notwithstanding.
IN WITNESS whereof, we have
caused these our Ires to bee made patents. Witnesse our aforesaid
lieutenant generall and generall governor of our said kingdom of
Ireland, att Dublin, the four and twentyeth day of December, in the six
and twentyeth year of our raigne.
A.D. 1681. The country in general, and our county
not less than any other part of it, seems at this period to have reached
some degree of order; property was secure, the laws were respected and
the professors of the reformed religion were now so eligibly
circumstanced, that, (as may be collected from the following passage in
a letter from a chaplain of the duke of Ormonde), Ireland was
considered a desirable place of refuge for the persecuted Protestants of
France.
"Joignez & toutcela," says the writer, "la douceur des
loix, et
I'excellence du gouvernement sous lequel on
vit ici sous les meilleur
des rois, qui ne se propose de gouverner que par des
loix si douces, et
qui est d'autant plus parfaitement un de ces dieux etde ces enfans du
souverain, dont parle I'ecriture;
qu'etant vrayment monarque, il ne
peut etre tyran. Ajotitez encore la veritable
liberte, et la propriete de
biens dont jouit ici le sujet; Bans
ctre expose a se voir accable de
taxes et d'imports, ou mange de gens de guerre."
This flattering picture
was, however, soon to be reversed ; the time speedily arrived, when
instead of peace and prosperity, Ireland presented a scene of tumult and
disorder; and happy would it have been for the infatuated James II., had
he followed the example of his more moderate brother.'
Narcissus Marsh was appointed to the bishopric of
Leighlin and Ferns, in 1682. He was born at Harrington, near Highworth,
in- Wiltshire, on the 20th of December, 1038: By his father's side he
was descended from a Saxon family, anciently settled in Kent; from which
county his great grand-father removed to the place of his birth. His
mother's name was Colburn, of a Dorsetshire family. Having acquired the
rudiments of learning at Highworth, and being fully prepared to enter
the university, he was admitted a student of Magdalene Hall, Oxford, in
July, 1654; and on the 30th June, 1558, was elected probationer fellow,
of Exeter Hall. He took his degree of master of arts, July, 1660; on the
11th December, 1667, that of bachelor of divinity; and on the 23rd June,
1671, the degree of doctor of divinity; which degree was again conferred
on him, by the university of Dublin, on the 27th February, 1678. Having
thus mentioned the dates of his earlier promotions, we shall now notice
some passages in a MS. autobiography, yet extant. We have great pleasure
in availing ourselves of this document, as it admirably 'portrays the
character and conduct of this excellent man, distinguished scholar, and
exemplary prelate.
During his residence at the university, he says, "I
betook myself seriously to the study of the old philosophy, mathematics,
and oriental languages; and before Lent, 1658, (when I took my degree of
A.B.) I had made a good progress in them all. I was then nineteen years
old and about a quarter. All this while I constantly kept an entire fast
every week, from Thursday, six o'clock at night, until Saturday, and
eleven at noon. For which God may be praised." At this period he unbent
his mind by occasional performance on the bass viol and by a weekly
concert in his rooms. "This I did (he says) as an exercise, using no
other; but labouring hard at my studies all the rest of the week. Yet, O
Lord, I beseech thee to forgive me this loss of time and conversation."
He looks on his promotion to the rank of fellow of
Exeter Hall, as the event which led to his subsequent successful career
March, 1662, (being then a little past twenty-three years of Age), I was
invited up to London to take the living of Swindon in Wilts, that was
then void, and in the king's gift. In order where unto was put into full
orders at one and the same time by Dr. Skinner, bishop of Oxford, in
King Henry VII chapel, Westminster, though then under age for
priesthood. The Lord forgives us both; but I knew no better but that it
might legally be done."
Shortly afterwards, he was appointed chaplain to
doctor Seth Ward, bishop of Exeter: "but preferring my study to all
worldly advantage, I still stuck close to the university. "Indeed an
attachment to literary retirement seems to have formed a prominent trait
in his character, as we may thus learn: "finding that the marrying a
gentlewoman would be expected from me by those on whose favour I had
already and must much depend, and being averse to entangling my self in
the cares of the world, I quitted the living after I had enjoyed it a
year, and adhered to my fellowship, keeping in the college all along."
Having stated this affair, he prays as follows: " O my God, I bless thy
holy name for delivering me out of the snare that they had laid for me;
and if I have done amiss in that affair, I beg thy forgiveness: and O
Lord, pardon them I beseech thee, for what they designed and acted (not
against me I do think) but against the intent and purpose of my heart to
render thee and thy holy church such service, as in the married state I
could not be able to do, which is my only reason why I have hitherto
kept myself a single man. The Lord, my God, enable roe henceforth to be
so, that in this respect also I may redeem my time." No one can feel
surprised, that such a man arrived at eminence.
Having successively obtained the appointments of
chaplain to the bishop of Exeter, and to Lord Chancellor Hyde, earl of
Clarendon, he was on the 12th of May, 1673, promoted to the office of
principal of Alban Hall, Oxford, by the duke of Ormonde, chancellor of
the university. As an individual of great learning and merit, he was
unanimously chosen to preach the anniversary sermon on the 5th November,
1667, and the act sermon in 1678. He had been previously selected as one
of the additional proctors for preserving order in the university during
the abode of Charles II there, in 1665. These are the several offices
which he filled previous to his removal to Ireland.
Through the
exertions of Doctor John Fell, and the favour of the duke of Ormonde,
then lord lieutenant of Ireland, he was nominated by King Charles II
successor to Doctor Michael Ward in the provost ship of the university
of Dublin, in December 1678; and was sworn into office on the 24th
January following. During his occupancy of the office of provost, he
devoted much time to study; which, however, did not prevent the
strictest and most correct performance of his public duties. By the
death of Doctor Boyle, a vacancy occurred in the bishopric of Leighlin
and Ferns, which was filled by the promotion of Doctor Marsh, by letters
patent, dated the 27th February, 1682. He was consecrated in
Christ-church, Dublin, on the 6th of May, following, by his
metropolitan, Francis, archbishop of Dublin, assisted by the archbishop
of Armagh, and the bishops of Meath, Kildare, Cork and Ross, and
Kilmore. With these sees, he held the rectory of Killaban, in the
diocese of Leighlin, in commendam.
By an inquisition taken at Carlow, on the 2nd June,
1664, it was found, that Edmund Wall, 23rd October, 1641, was proprietor
and possessor of the town and land of Ballylean and Killesame, in the
parish of Ueghlin, and barony of Catherlogh, turning one hundred and
twenty acres of land; part of the town and lands of Ballynekilly and
Browneene, in the parish of Killerick, in said barony, containing sixty
acres of land; part of the town and lands of Ueghlin, containing two
hundred acres, part of the town and lands of Pollardstown, twenty acres.
Charles
II. Died on the 6th of February, 1685.("Spelling are as seen in the book")
CHAPTER XXV
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