Catalogue description GERALD EARL OF KILDARE.

Indenture, 4 August, 16 Hen. VIII., between the King and Gerald Earl of Kildare.

(1). For the true and faithful service that the Earl has done to his Grace, for the assured trust he has in the Earl's allegiance, and for such benevolent services and approves as the Earl can do in repressing Irish and English rebels, the King by his letters patent has constituted him to be his Deputy in Ireland during the King's pleasure.

(2.) The Earl for his part grants that he shall make no war or peace with Irishmen or others to or at the charge of the country or inhabitants of the same without assent of the Lords and (of ?) Council.

(3.) "That, as oft as he shall pass through the English pale to any hostings or journeys, or to parle with any Irishman, he shall not set his men to coyne upon the King's subjects within the English pale, but by bill made by the harbinger by the advice of two gentlemen of every barony where the said coyne shall be set, and that every of his men so liveried shall be content to have such meat and drink as followeth: that is to say, every horseman, captain of kerne and gallowglasse, to have, in flesh days, flesh, bread, and ale, and in fish days, fish or butter, and his kerne and boys such as the husband hath, or else to take but for every horseman 2d. a meal, every footman 1½d., and for every horsekeeper 1d., every chief horse 12 sheaves for a night and a day, every bearing horse 8 sheaves, and but one boy for a horse. And also the said Earl granteth that at such time as he shall set his men to coyne in the Marches, that they shall not take no coyne but after the said rate, and also but one boy to one horse."

(4.) "That, being at any Parliament, Council, or in his own private business in the Irish pale, [he] shall not take coyne or livery of any person but only upon his own tenants, but for to pay for man's meat and horse meat of every of his men and their horses, in manner and form following: that is to wit, for a horseman 2d. every meal, and for a horse boy 1d., and for every six reasonable sheaves of oats 1d., and for a bushel of oats 8d.; and that his said horsemen, yeomen, and horseboys shall be content with such meat and drink as the husbands have, paying 1d. for a meal therefor."

(5.) That at such time as he shall ride through the English pale to parle with any Irishman or otherwise, he shall take with him as small a company as he may conveniently for the safeguard of his person.

(6.) That he shall ordain musters to be kept in every barony every year or every two years; and also command every man to have harness and artillery according to his degree, as English spears, bows, and bills.

(7.) That he shall "compel no man to pay livery for any man that will not appear personally to receive the same, saving galloglasses, which shall have but sixteen in a battayle; which men so making default be commonly called blackmen in this land."

(8.) "That at such time as he shall put his men to livery within the English pale, he shall not livery them in one place but for one night, except Sunday; and if they have livery for the next night, he shall not livery them within the space of 9 or 10 miles to that place where they had livery the other night."

(9.) "That whereas his men take livery for a night or receive payment for the same, that then he shall in nowise take livery for them at any other place for the same night."

(10.) He shall not make any band or assurance with any Irishman that shall be prejudicial to the King, his heirs, deputies, and subjects of Ireland; nor grant pardons for heinous offences, as treason, murder, riots, routs, and unlawful assemblies, or like offences, but only by the advice of the King's Council.

(11.) "He shall not suffer any man to occupy the King's manors and lands that are yearly (sic) the King's and have been in the King's possession, but only such as have letters patents to show therefor."

(12.) He shall not purchase any lands depending in controversy between any of the King's subjects during the time of his deputation.

(13.) He shall endeavour to cause the shrives, coroners, and other the King's officers to execute their offices and all processe[s] to them directed.

(13.) He shall not make any officers of the King's Court, as the King's Bench, Common Place, and Exchequer, but such as shall be thought meet and able therefor, by the advice of the Council or the Justices and Barons of the said courts.

(14.) He is to cause sheriffs, escheators, coroners, and other officers to be made yearly in the shires of Meath, Dublin, Louth, Wexford, Kilkenny, Tipperary, Waterford, and Limerick; to cause justices of the peace to be made within the same shires, or as many of them as he may conveniently, and to cause them to keep quarter sessions yearly; and to allow the same justices for their costs of the fines and amercements that shall be assessed or made in the same sessions.

(15.) He shall dispend and lay out upon the reparations of the King's castles and manors of Dublin and Tryme, and others, of the King's rents and revenues of Ireland, the first year 40l., and [afterwards] 40 marks yearly during the time of his deputation.

(16.) "He shall endeavour himself to cause the King's subjects of the four shires to go in English apparel after their degree and power, and to use the English language, and to have the upper beards to be shaven and not to suffer them to grow, upon certain pains to be assigned by the Deputy and Council."

(17.) "He shall not procure, stir, or maintain any war against the Earl of Ormond, nor the Baron Delwyn, nor Sir William Darcy, nor against their sons nor servants, ne revenge any quarrel for him or for any other man against them or any of them, without the assent and advice of the King's Council."

(18.) He shall cause the ordinances devised by James Denton, clerk, Sir Rauf Egerton, and Anthony Fitzherberte, the King's Commissioners, and the Council, to be put in execution.

(19.) He shall provide that the Justices of this land and the Barons of the Exchequer may be yearly paid their fees and wages.

(20.) "He shall suffer and cause the same Earl of Ormond to have and receive the whole rents, revenues, and profits coming and growing of the King's manors, lordships, lands, tenements, rents, customs, fee-farms, and profits within Ireland, before the feast of the Nativity of St. John Baptist last past before the date hereof, and to have and enjoy all other profits and casualties that the same Earl of Ormond hath received before the date hereof; and the same Earl of Kildare to have all rents, revenues, issues, and profits, that be or shall come, grow, or be due of the same manors, lordships, lands, and tenements, customs, and fee-farms, since the same feast of the Nativity of Saint John Baptist, which be not received by the same Earl of Ormond."

(21.) He shall content and pay to the Earl of Ormond, within one year after Michaelmas next, the one half of the subsidy that shall be due to the King or his Deputy at the same feast, except only 10l. thereof, due to William Bushe, serjeant of the King's pantry, as Chamberlain of the Exchequer in Ireland; and also except 45l. thereof, which Kildare shall pay to Sir Bartholomew Dyllon for the arrearages of his fee as Secondary of the King's Bench in Ireland and Chief Remembrancer of the Exchequer.

For performance of these covenants Kildare binds himself, his heirs, and executors to the King in the sum of 1,000l., Irish money.

Copy.

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 24.