Catalogue description ABUSES in the CITIES and TOWNS. [This document is inserted among those relating to the siege of Kinsale without any apparent reason; but it is retained here because its exact date is unknown.]

This record is held by Lambeth Palace Library

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Title: ABUSES in the CITIES and TOWNS. [This document is inserted among those relating to the siege of Kinsale without any apparent reason; but it is retained here because its exact date is unknown.]
Description:

"The Inconveniences that grow unto her Majesty's Service by granting the ample and large Charters unto the Corporations of the several Cities and Towns of Ireland.

 

"That the cities may be made counties and have two sheriffs. Hereby they will prevent the executing of her Majesty's writs; whereas now oftentimes a 'non omittas propter aliquam libertatem' is directed to the sheriff of the county, who thereby entereth into their liberties, etc. The fear of fines or amercements (as may be objected) cannot urge the mayors and bailiffs to perform their duties therein; for that the corporations, by her Majesty's grant, have such fines and amercements. Hereby they shall not be subject to the sheriff's mandamus for returning of juries. Hereby they would be enabled to inquire of riots, which cannot be done by the statute without the assistance of the sheriff, so to promise Protestants, though free Papists escape.

 

"The mayor and sheriffs may hear and determine treasons, whereby Papists that maintain Jesuits, seminary priests and proclaimed traitors, and such as buy and sell with the rebels, by the partiality of such judges may be emboldened in their offences and escape due punishment; whereby all occasion of finding out treacherous practices may be taken away from governors and upright judges, that they may with more security contemn law, justice, and the governors of provinces. That if an Englishman or Protestant should commit manslaughter or kill (se defendendo) a town's Papist, that a jury of papistical Judases (who hold it high zeal to betray Protestants and violate their oaths with them) might convict such an offender of wilful murder, being here treason, and that the mayor, a like judge, might give like judgment.

 

"That the corporations might have of her Majesty fee-farms of attainted lands. Hereby they would be better enabled to resist her Majesty's laws and injunctions, to oppress with their common charge in suits of law any that will withstand wrong offered him by any private citizen. That the laws to them may be but as spider webs. That they may boldly despise all higher powers, and use all knights and captains at their own pleasures. They sue for payment of cess for soldiers, where in these cities many have died for want of food and lodging. In brief, they sue only for two things: for authority, but not to do justice; for riches, but not to pay subsidy or give tribute.

 

"The consequences of granting the premisses may be judged by these matters precedent hereunder written.

 

"The mayors are here escheators, whereby goods and lands that ought to be escheated are concealed and detained from her Highness; for did any mayor find any concealments by office?

 

"The mayors are here coroners. Murder is manslaughter, manslaughter killing in defence, and the violent death of an English or Irish man (the townsmen only excepted), unless they find him felonem de se, not to be found at all, and sometimes not inquired of.

 

"Their mayors are searchers, but never seize prohibited wares, neither inform against transporters of such, nor any way exercise that office, unless it be to get some fees of Englishmen and others of the country and strangers that do traffic with them.

 

"The mayors are admirals from their quays to the main sea. What pirate have they taken, or what booties of rebels, or what other service they have done, is unknown. We see none, hear, nor read of any.

 

"The mayors are justices of peace, but they never apprehend or commit any traitors, though many in their times have been committed by others; but their service consisteth in bailing, in enlarging, and rescuing prisoners. They have now the Queen's writ 'de excommunicatis capiendis' for many persons, but apprehend none, although specially willed by the Lord Chancellor's letters. For example, the Bishop of Limerick was rescued of a Jesuit, the whole town for the most part rising and taking the prisoner perforce as he was going to jail.

 

"They will imprison a Protestant for breach of a private covenant, and suffer traitors breaking the bond of their allegiance to live in their cities unpunished; and divers citizens and townsmen themselves are in actual rebellion, being the most dangerous men in all the kingdom."

 

Copy.

Date: 1601
Held by: Lambeth Palace Library, not available at The National Archives
Former reference in its original department: MS 601, p. 203a
Language: English
Physical description: 2 Pages.
Unpublished finding aids:

Calendar of the Carew Manuscripts preserved in the Archiepiscopal Library at Lambeth, ed. J. S. Brewer & W. Bullen (6 vols., 1867-73), vol. IV, document 197.

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