Catalogue description The BURKES.

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Title: The BURKES.
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Whereas there was "a commission of orders" taken by the Lords Justices [Adam Loftus, Archbishop of Dublin, and Sir Henry Wallop.] and the Privy Council of Ireland, dated 7 September 1582; the tenour whereof ensueth:--

 

Upon the submission of Ulick Burke and John Burke, sons to Richard late Earl of Clanricard, both of them exhibited petitions to us the Lords Justices and Council, wherein each of them claimed to be Earl in succession from their father; and they confessed a recognizance of 10,000l. each to other to abide our order. We therefore ratify the order ensuing.

 

It is ordered and decreed that Ulick Burke shall have the title of Earl of Clanricard and Baron of Dunkellyn, and that the whole lands belonging to the said earldom shall be equally divided between them, as if the lands had descended in coparcenary, saving that the first choice of Logh Reoughe and the lordship of Dunkellyn is allotted to the Earl in this division. John Burke shall have the castle and barony of Leitrim in Clanricard free from the impositions of his brother; and we will be humble petitioners to the Queen to create him Baron of Leitrim in tail male. The rest of the lands shall be referred to the division of Sir Nicholas Malby, Governor of Connaught and Thomond, Justice Thomas Dillon, the Archbishop of Tuam, the Bishop of Clonfert, Edmond Lord Bremingham, Thomas Chester, elect of Elphin, Anthony Brabazon, John Norton, John Merbury, Nathaniel Smith, Teige McWilliam O'Kelly, and Hubbert Boy McDavie. Each of the said parties shall take their lands so divided of the Queen to them and the heirs males of their bodies; and for want of such heirs the earldom to be in remainder to John; and the entail to be from John of his barony and lands to the Earl; and her Majesty to be in remainder of both. Whosoever of them shall first revolve from his duty to her Majesty, and shall be publicly proclaimed a traitor, the other continuing in duty shall presently enter upon the lands, titles, livings, and inheritance of the said party so proclaimed. They shall not claim or exact any coyne, livery, or other Irish customs other than are lawful and allowable. Richard Burke, of Derimallaughnye, and the barony of Clare wherein he and his kinsmen dwell, are to be exempt for ever from all rule and authority of either of the said brethren. "If the castle excepted shall be proved to have been justly in the possession of the Earl of Clanricard, deceased, in his own right, that then such castles and lands shall fall in division as the rest of the lands, not excepted, the castles of Owran, Corrofyn, Bellanenyen, Bellashema, Letaffynne."[This "commission of orders" is signed at the beginning by "Ad. Dublin., H. Wallopp;" and at the end by "L. Dillon, N. Malby, Jo. Garvey, Edw. Waterhouse, Geffrey Fenton."]

 

And whereas also there was another special commission [It is quoted at length.] granted by the said Lords Justices to Sir Nicholas Malby, Thomas Dillon, Justice of Connaught, and the rest of the Commissioners, dated at Dublin 3 October 1582, reciting amongst other things the said order entered in the black Council Book, folio 51, and authorizing the Commissioners to take view of the said lands, make the division, and deliver possession.

 

We the Commissioners whose names are subscribed, having assembled at Galway, do award and publish that Ulick, Earl of Clanricard, shall have the house of Lough Reaughe, the lordship of Dunkellyn, the castles of Portumna in Sylauchie, Clare, Kilcolgan, and Moyen; also all the seigniories, duties, &c. belonging to the earldom; excepted and always reserved to John Burke, Esquire, brother to the said Earl, and his heirs males, the seigniories, duties, chiefries, rents, &c., within the barony of Leitrim. In consideration that the same shall be for ever secluded from the said earldom by this our order, we award that the Earl shall have and enjoy three quarters of land of Stradballie, and the monastery of Ogormocame, otherwise called Via Nova, in the diocese of Clonfert, with its lands, as by letters patents of 1 July, 35 Henry VIII., granted to William Burke, otherwise McWilliam, more plainly doth appear. As the said Earl shall be secluded from any demands in the town of Leitrim in right of the said monastery, we award that he shall have the castle of Ballinehvoile.

 

Ulick shall have and enjoy the quarter of land called Collyaghe and a half quarter of land of Dough Castle. The six plowlands and a half, parcel of the possessions of the late Earl lying in Thuoran, co. Limerick, and three quarters of land in Collyn, shall be equally divided between them. The chief rent of 5l. per annum, purchased by the mother of John Burke in Clevile, Caregyen, Librien, and Ballyloyen, issuing and going out of the sept of Tibbott Burke, shall be equally divided. Carnetubery, with the castles, manors, lands, and rights, shall be also divided.

 

The said Earl shall have all the farms, leases, and assurances which his father had in the monasteries, parsonages, &c. belonging to the houses and churches of Killenemanagh, Aughrim (excepted the castle, town, and fields of Killeglan), St. John's in Tuam, Ballyclare, Rosrelly, [Or "Roswellye."] Lough Reaughe, Kilbought, and Annaghdowne.

 

Whereas Redmond Burke of Clantusker, Esquire, holds by lease from her Majesty the priory of Clantuskert, we award that during the lease the Earl of Clanricard shall have two quarters of land of the Ballan in Clanricard, parcel of the nunnery of Kilcrenate, with the tithes; and afterwards the four quarters of land in Ballon.

 

John Burke, Esquire, shall have the castle and barony of Leitrim in Galway, with eight quarters of land; the several scites, circuits, and castles of Cloncastellan, Clandagawne, Ballydowgan, Kilmacare, Ballyturen, Towloban, Lackafyn, Rathgorgan, and Beath ; a parcel of land called Tyrone ; land in Marye, being of the gift of Teige O'Donell; the feefarms, leases, and assurances which the late Earl, his father, had of the monastery of Clantuskert in Omany, and also the monastery or nunnery of Kilcrenau, parcel of the said feefarms, and exempted from the said Earl (Ulick) in this division, being in Connaught, with the appurtenances, excepted the four quarters of land in the town and fields of Ballan, parcel of the said nunnery," &c.

 

He shall have, during the term yet unexpired for which Redmond Burke holds the priory of Clantuskert by grant of her Majesty, two quarters of land in the towns and fields of Ballan ; and afterwards the same to revert to the Earl. He shall have the castle and all the lands in Killeglan, in Omany, belonging to the priory of Aughrym. The scite, circuit, castle, &c. of Coroffyn shall be equally divided between them by agreement. "As the castle of Oran, with the lands, &c., is challenged by John Burke to appertain solely to himself, and that we have seen a writing made unto his late father to th' use of the said John, which title maketh the division thereof doubtful to us," we have therefore respited the same until such time as it shall be decided by the Lords Justices and Council whether the same castle of Oran, by the words of their order, be dividable.

 

The said Earl and John are to have peaceable possession delivered to them of all that we have allotted to either of them.

 

Lastly, we do award, order, and set down that there shall be and remain a mutual amity and society between the said Earl and his brother, and their tenants and followers.

 

In witness whereof we have set our hands under the signet of the province to this our instrument at Galway, 17 November, 25 Eliz., 1582:--N. Malby, W. Tuamen., Ste. Clonferten, Ed. Athenry, Tho. Dillon, Jo. Norton, Jo. Marbury, Natha. Smithe.

 

The said Earl of Clanricard and the said John Burke have given their consents to this order.

 

Signed: U. Clanricard, Jo. de Burgo.

 

Ex' per me, Rowlandum Argall, clericum Consilii.

 

Copy.

Date: 17 Nov 1582
Held by: Lambeth Palace Library, not available at The National Archives
Former reference in its original department: MS 611, p. 192
Language: English
Physical description: 13 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. II, document 499.

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