Catalogue description ESCHEATED LANDS.

A Draft of Instructions for Sir Valentine Browne [concerning the escheated lands in Munster, anno 1587]." [These words in brackets are in Carew's hand.]

Upon your arrival in Ireland, acquaint the Lord Deputy with your instructions, and with the memorials set down by the Attorney-General here.

Some controversies have arisen between the lords, freeholders, and others of Munster, and certain of the Undertakers, about the title of such lands as are escheated by the attainder of the late Earl of Desmond. For deciding these her Majesty has purposed to send commissioners into that realm about the end of this next summer, to hear and determine all pretended claims; and for their better instructions she has caused search to be made in the records here, as well in the Tower as elsewhere, upon certain points set down by the Attorney-General, tending to the strengthening of her title. Charge the Lord Deputy to give order to meet persons to make like search in the records at Dublin; and if any such be found, to take order that the said records may be conveyed into Munster for the use of the commissioners.

As the commissioners cannot take their journey until August next, her Majesty sends you thither beforehand to prepare some things that are needful for the expedition of the service. Require the Lord Deputy to grant out a commission to the President and Vice-President of Munster, the Treasurer of the Wars of that nation, yourself, Sir Edward Waterhouse, the Chief Justice of Munster, her Majesty's Solicitor, and James Golde, late Attorney in the said province, authorizing you to call before you such as pretend title to any of the attainted lands, and examine their claims. It is supposed that such proofs as the lords and freeholders will produce "will consist chiefly upon the deposition of witnesses.

The Lord Deputy is to appoint some person to collect the rents due by certain freeholders to the late Earl of Desmond and others. Part of the said rents have been received by some of the Undertakers, who are to accompt for the same. Certain other rents answered to the said Earl upon certain lands called the chargeable lands, and now in arrear, are to be collected.

Determine the controversies between the Undertakers about the bounding of their seignories and other matters.

And whereas there are certain rebels' lands that are not yet found by office to be escheated, for that the said rebels were not attainted by Act of Parliament, you and the rest of the commissioners shall give order that such persons shall be called before you, and examined what pardons they have received from the late Governors in that realm. And in case you shall find that they are only pardoned for their lives, then shall you cause inquiry to be made by office what lands they were possessed of at the time they entered into rebellion, and shall cause the same to be surveyed and distributed among the Undertakers.

Whereas her Majesty, about a year past, gave order to the Lord Deputy and the Council to consider how the Seneschal [of Imokilly] and Patrick Condon may be agreed with, whereby there might not arise any disturbance from them to the Undertakers, her Majesty has never yet received any answer from the Deputy. Require Sir William FitzWilliams, now appointed Deputy, to consider with the Council what portion of land were convenient to be reserved for them, to the end the residue thereof, which now lieth waste, may be distributed among the Undertakers. "The parties themselves remaining now under guard in the Castle of Dublin may be dealt withal, and let understand [that notwithstanding] their great offence committed, her Majesty can be content, in hope that hereafter they will carry themselves dutifully towards her, to bestow some portion of the land that heretofore appertained unto them (whereof the whole was forfeited) upon them, towards their relief and maintenance.

As to the controversies between the ecclesiastical persons and farmers of tithes, which are like to increase to great value by the peopling of the country and manuring of the grounds that heretofore have been waste, you and the rest of the commissioners shall consider of some good course to be taken with the said spiritual persons and farmers, how there may be allotted out of the said increase of tithes some good portion of the same towards the maintenance of learned preachers and ministers. And whereas certain of the Irish countries within that province have heretofore been chargeable with certain galloglasses for her Majesty's service, or else in lieu thereof to pay the sum of 1,000l., whereof she hath of late years received no benefit, you and the rest of the Commissioners shall make inquiry which of the said Irish countries were chargeable with the said galloglasses, and deal with the lords and freeholders for the payment of the said composition money of 1,000l., and of the arrearages. Take order that such as are appointed to survey the said attainted lands may proceed to the finishing thereof, and deliver you perfect books of the survey.

Examine what numbers of persons the said Undertakers have brought over into that realm of English birth, how many of them are freeholders, how many copyholders, how many labourers and artificers, and whether the number of freeholders and copyholders be such as is required by her Majesty's grant, according to the proportion of their seignories; and lastly, whether, contrary to a clause of her Majesty's grants, they have not planted upon their lands some tenants of Irish birth, and how many of the said Irish birth there be by them planted.

Copy.

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 646.