Catalogue description EARLS of ORMOND and KILDARE.

This record is held by Lambeth Palace Library

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Title: EARLS of ORMOND and KILDARE.
Description:

Indenture between the Earl of Ormond, Deputy to the King in Ireland, and the Earl of Kildare, 28 July, 16 Hen. VIII.

 

"There is and hath been of long season debate, unkindness, and variance had betwixt the said Earls for divers oppressions, wrongs, burnings, robberies, and spoilings had, done, and committed by the confederates, adherents, and of the same parties," for the pacifying whereof, and for other great urgent causes touching the good order and weal of this land of Ireland, the King has sent hither his commissioners, who, by the advice of the Council, have duly heard and examined the complaints of both parties, with the depositions of their witnesses, and have devised the following articles and agreements, which the said parties promise upon their oaths to perform.

 

(1.) The parties of their own free wills fully forgive and remit to each other all wrongs done to them before the date hereof, and will be friendly to each other; and neither of them will maintain or make peace with any of the King's enemies or rebels to the hurt or loss of the other.

 

(2.) If any variance happen between their friends or adherents hereafter, the said parties shall indifferently choose two persons to order the same, and in case the said two persons cannot agree, then that matter to be directed by the Lord Chancellor and the Privy Council of Ireland. If any variance hereafter fortune betwixt the Earls, neither of them shall revenge the same, but the party grieved shall complain to the Chancellor and Privy Council, whose order the Earls shall abide.

 

(3.) "Where there is claimed by the same Earl of Kildare certain arrearages of the subsidy in the counties of Kilkenny and Tipperary for the time that he was Deputy of this land, and for so much as it is somewhat doubtful to the Council, whether the same Earl should have the same subsidy within the said county (sic), by reason of the Act thereof made, the said Earl is content to remit unto the said (sic) all the same arrearages, and also all such arrearages as the same Earl of Kildare claimeth of the same subsidy as executor unto the late Earl of Kildare, his father."

 

(4.) Whereas the Earl of Ormond promised 100l. yearly to the Earl of Kildare as long as he was Deputy for his aid and benevolence, as appears by an award made between them; "since which time there is half a year past and more;" Kildare remits the said 100l. to Ormond, and the arrearages of the same.

 

(5.) Kildare claims the arrearages of the rents and profits of the manor of Callan, parcel of the King's inheritance, received yearly by Ormond during Kildare's deputation, but remits the same to Ormond.

 

(6.) Whereas Kildare "hath his stud of mares and colts taken by James FitzGerrott['s] sons, the said Earl of Ormond granteth to do the best he can to cause the same stud to be restored;" and to restore as many of them as came within the county of Kilkenny, or the value of them.

 

(7.) As to the oppressions, wrongs, and spoils done by divers persons of the band and peace of Kildare to the servants, tenants, adherents, and allies of Ormond, the latter remits the same to Kildare; and Kildare remits similar wrongs to Ormond.

 

(8.) Kildare grants to Ormond to gather and levy for Ormond "all the arrearages of the subsidy of the county of Kildare that is leviable and due" to Ormond during his deputation, and to pay the same to Ormond, except 100 marks, which for the business, and for the remission before specified, Ormond grants to Kildare.

 

(9.) If any doubt or grudge hap or grow hereafter betwixt them respecting any of these articles, the same shall be determined by the Chancellor, Chief Justice, and Chief Baron of this land, or by two of them.

 

(10.) Each of the parties remits and releases to the other all personal actions, suits, quarrels, and trespasses between them before the date hereof.

 

For performance of these covenants, Ormond and A.B., by their deeds obligatory of the date hereof, have bound them to Kildare in the sum of 1,000 marks; and likewise Kildare and E.D. by their deeds obligatory have bound them to Ormond in a similar sum.--Signed: P. Ormonde, E. of Kildare, James Denton, Raufe Egerton, Anthony Fitzherbert, J. Rauson, Prior, Th. Abbas S'ci Thomæ juxta Dubl., John Plunkett of Kyllen, Sir Nicholas Lord Houth, Richard, Prior of Louth, John Richard, Dean of Dublin, P. Brymigham, Justice, T. Netterville, Justice, Patrick White, Baron.

 

Copy.

Date: 28 July 1524
Held by: Lambeth Palace Library, not available at The National Archives
Former reference in its original department: MS 611, p. 55
Language: English
Physical description: 4 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. I, document 23.

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