The GREAT BARRY and OTHERS. MS 603, p. 60 26 Sep 1542
MS 603, p. 60
Calendar of the Carew Manuscripts preserved in the Archiepiscopal Library at Lambeth, ed. J. S. Brewer & W. Bullen (6 vols., 1867-73), vol. I, document 172.
Indenture, 26th Sept., 34 Hen. VIII., between Sir Anthony Sentleger, Deputy; James, Earl of Desmond; William Brabazon, Treasurer at War, and Under-Treasurer of Ireland; John Travers, Master of the Ordnance, and Sir Osborn Echingham, Marshal of the Militia, of the one part, and the Lord Barre, alias the Great Barre; Machartymore, Lord de Rupe, alias the Lord Roche; Maghartie Reaghe; Tady McCormog, Lord of Musgrie; Barry Oge, alias the Young Barre; O'Sulyvan Beare, captain of his nation; Donald O'Challogan, chief of his nation; Barry Roo, alias the Lord Reade Barry; McDonogho of Allowe, captain of his nation, and Sir Gerald FitzJohn, of the other part.
(1.) The latter parties will acknowledge his Majesty to be their natural liege Lord and King, and to be the supreme head of the English and Irish Church; will obey his Deputies, and annihilate the usurped primacy of the Bishop of Rome and his favourers.
(2.) They will stand to and perform the arbitraments, decrees, and judgments which are to be made by the Bishops of Waterford, Cork, and Ross, the Mayors of Cork and Youghal, the Sovereign of the town of Kinsale, Philip Roche of the same, esquire, William Walshe of Youghal, esquire, and the Dean of Clone, in all contentions between them.
(3.) If any cause of contention shall henceforth arise, they will not procure any invasion, plunder, robbery, or any illegal act by which the King's peace may be broken, but exhibit their complaints to the said arbitrators and stand to their order. In case the said arbitrators are not able to determine within 20 days after such exhibition, owing to the obstinacy and contumacy of the party defendant, they shall condemn the defendant in a reasonable penalty, to be levied of his goods and chattels, and to be paid to the complainant and injured party. Injured parties shall not seek any remedy by force, but complain to the Earl of Desmond and the three Bishops above named, who shall have power to summon the parties before them. If the said Earl and his colleagues shall not be able to make an order within 20 days, they shall condemn the parties offending not only in the fault laid to them, but also in forfeiture of double the damage to the complainant; and the obstinate party shall forfeit to the King an amercement and fine for contempt; which default and contempt, however, the said Earl and his colleagues shall previously make known to the Lord Deputy and Council, who shall direct their warrant to the said Earl and his colleagues to levy the said amercement and fine, to be divided into three equal parts, of which one shall be for the King and the remaining two parts for the said Earl and his colleagues.
(4.) If any contention should arise between them which cannot be determined unless by persons learned in the law, then the parties who have such cause shall not make any attempt by which the King's peace might be broken, but present their complaints to the Commissioners or persons learned in the law, whom his Majesty shall send to Cork, Youghill, and Kinsale, [or] wherever it shall seem most convenient to the Lord Deputy and Council, at two terms of the year, that is to say, Easter and Michaelmas. Any person residing in the counties of Cork or Kyrrye, or in the dominions of any of the parties above mentioned, who shall act in contravention of this indenture and the schedule annexed to it, shall confiscate not only such a sum of money as is recited in writings obligatory of this date, but also such amercements as to the Lord Deputy and Council shall seem good.
(5.) They will aid and protect all receivers, collectors, and other officers of the King.
(6.) They will perform and observe such other articles and orders as are omitted from this indenture, and contained in a schedule hereto annexed, ordained by the mature counsel of almost all the noblemen of this kingdom for the regulation of the state.
(7.) They will not procure or permit any crime, attempt, or offence against any of the King's subjects.
(8.) None of them will exact any black rent from the King's subjects inhabiting the city of Cork, the towns of Youghill and Kynsale, or elsewhere in this kingdom, under penalty of forfeiting the sums before mentioned.
They have delivered their hostages to the Lord Deputy, and put their signatures and seals to this indenture.
At the end is the following abstract:--
Anno 31° r. R. Hen. VIII.--Item, a peace between the Lord Deputy and McMorice, that he shall find to every great hosting, and come in proper person with eight kearne victualled at his own charge during the said hosting, and at every sudden journey with all his power victualled for two or three days.
Also this note:--"The copies contained in this transcript of nine written leaves do agree with the copies found registered in the old Council book.--John Chaloner.