warrants of the Law, other wayes then where any speciall complaint
shall be made unto them, of any manifest wrong, or delay of Justice,
done, or used, by the owners. Officers, or Ministers of the said Fran-
chises or Liberties : In which cases ; the Lord President and
Councell shall examine the said defaults, so alledged, by way of
complaint, to be counted in the Franchises, and shall send for the
Officers, against whom complaint shall be made : and finding the
same to be true, they shall not only heare and determine the particular
& principall causes of the parties complaints, but shall also reforme
& punish, according to their discretions, the defaults of the said

1 Scilicet as well within the walled towns as wherever in the
open country our predecessors may have granted immunities.

Y 2



3?4 Appendix.

owners and Ministers of the said Liberties ; and if the matter shall so
serue, upon due information to be made to us, of the abuses of the
said Franchises and Liberties, so as the same may be done by order
according to the lawes tryed, and upon just causes the Liberties
resumed into the Queenes Majesties hands.

Item, where the said Lo : President and Councell shall haue Com-
mission, power, and authoritie, by Letters Patents under the Great
Seale of this Realme of Ireland, and of Oyer, Determiner, and Goale
deliverie, in as large and ample maimer as any such Commission or
Authoritie is graunted to any Commissioners for that purpose, within
the Realmes of England, or Ireland : Wee the said Lord Deputie and
Councell, doe earnestly require and charge the said Lord President
and Councell, that hee and they doe diligently and often, severely
and justly sit, heare, and determine, by vertue of the same, such causes
as shall bee brought before them, in such severall places as best may
agree with the necessitie of the cause, and the commoditie of the
people.

Item, where also the said Lord President hath full power and
authoritie, by Letters patents under the great Scale of this realme,
to execute the Martiall law, when necessitie shall require, in as large
and ample manner as to any other it hath beene accustomed to bee
graunted within this realme of Ireland : The said Lord President
shall haue good regard thereunto, that no use be made of the Martiall
law, but when meere necessitie shall require ; for the exercise thereof
is only to bee allowed, where other ordinarie administration of Justice
cannot take place : foreseeing alwayes, that no person having fine ^
pound of Freehold, or goods to the value of tenne pound, shall not bo
tried by the order of the Martiall Lawe to be executed vpon any one
person or moe being of greater value in lands or goods, then aboue is
expressed, the President in such speciall causes may use his discretion,
and thereof, and of the causes that mooved him, shall make ns the
Lord Deputie and Councell privie.

Item it is, and shall bee lawf ull for the Lord President and Councell,
or any two of them, whereof the Lord President to bee one, to
prosecute and op[)resse any rebell, or rebells, with sword and with
fire, and for the doing of the same, to leavie in warlike manner and
array, and with the same to march, such and so many of the Queenes
Subjects, as to his discretion shall seeme convenient ; And if that any
Castle, Pile, or House, bee with force kept against them, it shall be
lawful! for the said Lord President and Councell, or two of them
whereof the Lord President to be one, to bring before any such Castle,
Pile, or House, so to bee kept against them, any of the Queenes
Majesties Ordnance and great artillery, remaining within the limits of
the Commission : And with the same, or by some other meanes or

^ One of the chief complaints against the Queen's Presidents was
that tl)ey exhibited a strong tendency to extend the sphere of martial
law. Sir R. Uingham, President of Connaught, did a great many
illegal things of this description.



Appendix. 325

Ingine, any such Castle, Pile, or House, to batter, mine, or overthrow,
as to their discretions shall seemo best, Streightly charging and com-
manding all Archbishops, Earles, Bishops, Vicounts, Barons, and
Baronets, Knights, Majors, Sheriffs, Justices, and Ministers of peace,
and all other Gentlemen and Commons being her Majesties Subjects
to helpe, aid and assist the said Lord President and Councell, in such
sort, and at such time, as by the said Lord President and Councell,
or two of them, whereof the Lord President to bee one, they shall
bee commanded, upon such paines, as for the nature and of the
defaults shall bee thought meet, to the said Lo : President and
Councell to limit and assesse.

And it is ordered by ns the said Lord Deputy and Councell, that
if any person complains to the said Lord President and Councell, and
that they shall thinke their Complainants worth the hearing, that the
persons so complained upon, shall be sent for by a Letter missive under
the Queenes Signet, to appeare before the Lord President and Councel
at a day and place by them to be appointed, there to answere to such
things as shall bee laid to their charges, and further to be ordered, as
shall stand with right, justice, equity and conscience : and for lacke
of appearance upon such Letters they shall send foorth Letters of
alleagance. Proclamations, or other Processe, to bee made, directed,
and awarded by their discretions to the Sheriffe, Constable, or other
Minister whereby the partie complained upon may be called to come
to his answer as appertaineth, and if by the obstinacy of the partie
complained upon, the case so require, to sequester his or their lands
or goods, or either of them by their discretions. And furthermore
if in case any person or persons having habitation or dwelling or
any lands or tenements by lease or otherwise, within the limits of
the Commission aforesaid, shall by covin, fraud, or deceit, or other-
wise absent himselfe, or goe out of the limits of the said Commission ;
That then Letters missive signed with the Queenes Signet, shall be
delivered at his House, Lands, or Tenements, and the copies of the
same shall bee left there, so that by the most likelyhood the same
may come to his knowledge being so sent for. And if within a
certaine time after limited by their discretion, the person or persons
so sent for, will make default of apparance : the said Lord President
and Councell, or any two of them, whereof the Lord President to bee
one, shall as well proceede to other Processe, as to the hearing and
determining of the matter or cause in variance, according to the
Lawes, Statutes, Ordinances made therein, or otherwise at their
discretions.

And if in case any Letters missive, be sent and addressed from the
Lord President and Councel, to any person or persons, of what estate,
or degree soever they be, to appeare before them at a day appointed,
the same Letters being delivered to him or them, or otherwise left at
his or their house, as is above specifyed, the said Lord President and
Councel, or any two of them, whereof the Lord President to bee one,
shall cause him or them so contemning or disobeying, to be punished
by imprisonment, and reasonable tine, or shall other wayes proceed



326



Appendix.



according to their discretions. In which sayd causes, if any of the
parties commit any resistance, or disobedience, either of their appear-
ance, or contrary to the Commaundements, direction, decree or deter-
mination, made, or to be made, and decreed by the said Lord Pre-
sident and Councell ; That then the said Lord President and Councell,
or any two of them, whereof the Lord President to be one, shall or
may command the Sherife, Major, Serjeant at Armes, Constable,
Bailife, or other Officer or Minister, to wliom it shall appertaine, to
attach every person so offending, contemning, or disobeying, and to
send him or them to the Lord Deputie in ward, together with
Certificate of his contempt or disobedience, or else by their discretions
to cause the parties so attached, to bee committed to ward, there to
remaine in safe custodie, untill the time that tlie pleasure of us the
Lord Deputie and Councell be knowen in the premisses, or that the
same person or persons, assent, fulfill, and agree to the determination
of the said Lord President and Councell, or any two of them, whereof
the Lo : President to be one.

And the said Lord President and Councell shall hauo full power
and authoritie, by these presents, diligently to heare and determine,
and trie, all, and all manner of extortions, maintenance, imbracery
and oppressions. Conspiracies, rescues, escapes, corruptions, falsehoods,
and all manner evill doings, defaults, misdemeanours of all Sheriffes,
Justices of peace, Majors, Soveraignes, Portriffes, Bailiffes, Stewards,
Lieitenants, Excheators, Coroners, Coalers, Clarkes, and other Officers
and Ministers of Justice, and other Deputies, as well within all the
Counties and Countries within the Province of Mounster, as within
the supposed Liberties of Typperarij and Kerrij,i and in all Cities &
other townes corporate, within the limits of their said Commission,
of what degree soever they be, and punish the same according to the
quality and quantity of their said otfences, by their discretions,
leaving neverthelesse, to the Lords and owners of all lawfull Liberties,
such profits, as they lawfully claime.

And it shall be lawfull for the said Lord President, and Councell,
or any three of them, whereof the Lord President to bee one, to con-
ceave, make, and caused to be proclaimed, in her Highnesse name,
any thing or matter tending to the better order of her Majesties
Subjects, within the precincts of their Commission, and the repressing
of malefactors and misorders, after such tenour and forme, as they
shall thinke convenient, and to punish the Offenders then according
to their discretions.



1 Kerry had been a Palatinate of the Earl of Desmond. He alone
was supposed to execute justice there. The greater part of Tipperary
was at this time a Palatinate under the government of the Earl of
Ormonde. It is not generally known that Ormonde, i.e. East Munster,
WHS Tipperary. So the Earl of Ormonde was Captain of Tipperary.
Consequently again as the Earl was Royalist and his people loyal to
him, the Queen in her Southern wars had Tipj)erary as a strong
ally.



Appendix. 327

And also wee the said Lord Deputie and Councell have thought
meete, that the said Lord President and Councell, or any three of
them whereof the said Lord President to bee one, shall and may
compound upon reasonable causes by their discretion, with any
person, for all forfeitures, growing, or comming, or that shall grow,
or come, as well by all and singular penall Statutes, as also of
obligations and Recognizances, taken, made, or acknowledged, before
the said L : President and Councell, or any of them, within tlie
limits of their authorities and Commission for apparance, or for the
peace or good abearing, or by reason of any speciall Statute whatsoever,
then made or to be made, And shall also have authority, to cesse
reasonable fines for any olfences, whereof any person shall happen to
bee convicted, before the said Lord President and Councell and such
Summes of mony, as shall grow or come, by reason of any such
compositions or Fines, they shall cause it to bee entred into a booke,
subscribed with the hands of the said Lord President and Councell,
or two of them at the least, whereof the Lord President to bee one :
To the end the Queenes Majestie may be answered of the same
accordingly : And also upon such compositions made of Fine or Fines,
set as aforesaid, shall have authority to cancel! or make voyde all
such Obligations and Bonds.

And also the said Lord President shall cause, as much as in him
lyeth, all Writts or Processes, sent or to bee sent, to any person or
persons inhabiting, or being within the precinct of his Commission
out of the Kings Bench, Chauncerie, or Exchequer, or any other
Court of Eecord, diligently to bee observed, and effectually to bee
obeyed, according to the tenor of the same. And if hee shall find
negligence, slacknesse, or willfull omission, in any Officer or other
Minister to whom the delivery or serving of such Processe doth
appertaine : Hee shall punish the same severely according to the
greatnesse and qualitie of the offence.

And it shall bee lawfull for the said Lord President and Councell,
or any three of them, whereof the Lord President to bee one, alter
examination in the causes necessary, upon vehement suspition and
presumption of any great ofi"ence in any partie committed against the
Queenes Majestie, to put the said partie so suspected to tortures,^ as
they thinke convenient, and as the cause shall require : and also to
respitt Judgement of death npon any person convicted or attainted
before him and that Councell, for any treason, murder, or any other
felony : Or after Judgement given to stay execution untill such time
as hee shall certitie us the Lord Deputie and Councell of his doings,
and consideration of the same, and receiue answere from us thereof :
Provided alwayes, that the same certificate bee made to us the Lo :
Deputie and Councell within the space of 21 dayes after such thing
is done.

1 1 don't find that torture was much used in these times, though
it certainly was used. I suspect the public opinion of the country
was against it.



328 Appendix.

Also if any Inquest ■within the precinct of their Commission,
within Liberties or without, being sworne and charged upon triall of
any lellonie, murder, or any like offender •whatsoever hee bee, having
good and pregnant evidence for sufficient proofe of the matter
whereof the said ofiendor shall be accused, indicted or arraigned, doo
utterly acquite such ofl'endor contrary to the said evidence, that then
the said Lord President and Councell, or any two of them, whereof
the Lord President to bee one, shall examine such perjuries as well
by deposition of witnesses, as by all other kinde of prcofes by their
discretions ; and if the said Inquest bee convicted before the said
Lord President and Councell, or three of them at the least, whereof
the Lord President to be one, the said Lord President, and Councell
may and shall proceed to the punishment of such offence by fine,
imprisonment, or wearing of papers, or standing on the pillorie, as by
their discretions shall seeme meet.

Also, wee the said Lord Deputie and Councell, doe earnestly
require, and straightly char^^e the said Lord President and Councell,
that they at all times, and in all places, where any great assembly
shall bee made before them, doe perswade the people by all good
meanes and wayes to them seeming good, and especially by their owne
examples, in observing all Orders for Divine Service, and other
things appertaining to Christian Religion, and to embrace, follow,
and devoutly to obserue the Order and Service of the Church, estab-
lished in the Realme by Parliament, or otherwayes by lawful!
authoritie, and earnestly to call upon and admonish all Bishops and
Ordinaries, within the precinct of their Commission, diligently, fer-
vently, and often to doe the same. And if tlie Lord President and
Councell, shall tinde them negligent and unwilling, or unable to doe
the same, That then they shall advertise the Lord Deputie and
Councell thereof, and they shall call earnestly upon the Bishops,
severely to proceed according to the censuring of the church, against
all notorious Advowterers, and such as without lawfull divorce, doe
leaue their Wiues, or whilest that their lawfull Wife liveth doe marry
any other, and the Sentence pronounced by tlie Bishop or Ordinarie
upon the otfendor : The said Lo : President and Councell shall
endeavour themselues to the uttermost that they conveniently may,
to cause the same Sentence to bee put in execution according to the
Lawes; And if they shall finde the Ordinaries slacke or remisse in
this duetie, and not doing according to his Office, they shall punish,
or cause to bee punished, the same Bishop or Ordinary, according
to their discretions.

Also the Lord President and Councell shall examine the decay of
all parish Churches, and through whose defaults the same be
decayed, and to proceede to the procuring or informing of such as
ought to repaire any Church or Churches, with all convenient speed,
according to their discretions : And in cases where her Majestie shall
bee (after due and advised inquisition) found by reason of her
possessions bound to repaire the same Churches, In those cases
advertisement shall bee given to us the Lord Deputie, &c. Or if



Appendix. 329

they shall know of any that shall spoyle, rob, or deface any Church,
they shall with all sincerity proceed to the punishment of the Otfen-
dors, according to the Lawes, Statutes, and Ordinances of this Realrae,
or according to their discretions ; They shall assist and defend all
Arch-Bishops, Bishops, and all other ecclesiastical Ministers in the
ministry of their function, and in the quiet possessing of their Landes,
rents, services, and hereditaments and shall punish the with-holders,
intruders, and usurpers of the same, according to their discretions,
and the quality of the offence. They shall also giue earnest charge
for the observation of all Lawes, and Statutes, or Ordinances made,
or to be made for the benefit of the Common-wealth, and punishment
of malefactors, and especially the Statute for Hue and crie, for Night-
watches, and for Weights and Measures, to be diligently considered,
and severely put in execution.

Also the said Lord President shall haue and retaine, one Chaplin
or Minister, that shall and can preach, and reade the Homilies, who
shall bee allowed his Dyet in the Houshold of the sayd Lord
President, and shall receiue his entertainment to bee payd out of the
Fines growing in that Province, to whom the Lo : President shall
cause due reverence to be given, in respect of the Office that he shall
hau'3 for the Service of God.

Also the said Lo : Deputie and Councell will, that the sayd Lord
President and Councell, or two of them at least, whereof the Lord
President to bee one, shall endeavour themselues to execute as well
all and all manner Statutes of this Realme, Proclamations, and to
doe and execute all other Lawes and Statutes of this Kealme, and
other Ordinances, as to punish the transgressors of the same, accord-
ing to the said Statutes, Ordinances, and Proclamations : And to
leavie or cause to be leavied all and all manner ot forfeitures contained
in the same, according to the order limitted by the sayd Lawes :
And if cause so require, shall compound for reasonable causes for all
and singular such forfeitures and paines by their discretions ; Having
therein regarde not to diminish the fines specially limited by the
Lawes, without great necessitie of the poverty of the parties to be
ioyned with repentance and disposition of amendment in the partie,
for otherwise it is perillous to giue example in weakening the iust
terror of good Lawes.

Also the Lord President and Councell or two of them whereof the
Lord President to be one, shall and may assesse and taxe Costs and
dammages, as well to the Plaintiffe as to the Defendant, and shall
awarde Executions for their doings. Decrees and Orders : And shall
punish the Breakers of the same, being parties therevnto by their
discretions.

And the said Lord President and Councell, shall immediately upon
their repaire to some convenient place, where they meane to reside
within the Limits of their Commission, appointing two sufficient men
to bee Clearkes or Attornies to that Councell, for the making of Bils,
Answers, and Proceses for all manner of Subiects, and therein not
multiply such officers, lest also they be occasion to multiply un-



330 Appendix.

necessary suites, and some trusty wise persons to examine witnesses
betweene partie and partie, which of necessitie would be chosen with
good advice, foreseeing expressly and charitably, that no excessiue
fees be by any of them taken of the Subiects, but that their fees bee
assessed by the Lord President and Councell, and the same faire
written upon a Table, and fixed upon some publike place where the
Bame may be scene, and understood of all Suitors, and that in the
beginning the Fees may appeare, and be meane and reasonable ; So
as in no wise the prosecution of releefe by way of lustice bee not so
chargeable as the poor oppressed sort bee thereby discouraged to make
their complaints. ^

And because it shall be convenient, that a Register bee daily kept
for all the doings, orders, decrees and proceedings, which from time to
time shall passe by the said Lo. President and Councell : The Lord De-
putie and Councells pleasure is, that the Clarke of the sayd Councell
for the time being, have reasonable allowance for the same of the
parties having an interest thereby, shall diligently execute and per-
torme this charge without any further expences then shall bee specially
directed unto him by the said Lord President to be sustained by her
Majesties Subjects, for enterics of Actes and Orders, i^c.

Also the said Lord Deputie and Councell haue thought it con-
venient, that there shall bee one honest and sufficient man appointed
to bee Clarke and receiver of the Fines, at the nomination of the sayd
Lord President, who shall diligently and orderly keepe a Booke of
all such Fines as shall be taxed upon any person ; the fine to bee
alwayes entred by the hand of the Lord President, and shall haue
full power to send out Processe for any person, upon whom any such
fine shalbe so seased, and to receiue all such fines, and in every
Michaelmas Terme, thereof to make a true and perfect account before
the Barons and other Officers of the Queenes Majesties Exchequer
for the time being, to the end we may be assertained what fines haue
bin acquired to the Queenes Majestie, and how the same haue been
imployed. Provided alwayes, and it shall be lawfuU for the said
Lord President and Councell, to imploy of the said Fines, reasonable
summes for reward of Messengers, and repairing the Queenes castles
and houses, and in building and reedifying Goales within each
Countie, in the precinct of their Commission, where by Lawes of the
Realme no other persons are thereto bound and chargeable : and also
for furnishing of necessary utensils for the houshold, as to the said
L. President and Councell, or to any two of them, whereof the Lord



^ The Queen always represented herself as the defender of the
poor. Her Irish officers in their despatches usually take care to
mention that they were acting in the interests of the poor and
oppressed. This, at all events, was the theory of the State, put
forward on all occasions, no doubt acted up to in a measure. The
" Four Masters " describing Perrot's surrender of the Presidency of
Munster, inform us that the poor and the oppressed lamented at his
departure.



Appendix, 331

President to bee one, shall seeme needful and convenient. In all
which the said Lord President shall haue regard to moderate those
allowances, as of the Fines assessed and levied, the Queenes Maiestie
may be answered some reasonable yeerely Sommes towards her great
chardges in maintaining of this Councell, the same being to the
Crowne of England a new chardge, and any warrantment signed by
the said Lord President, or any one of the Councell for any such
Somme or Soms, shall be a sufficient dischardge to the said Clearke
our Receiver of the said Fines for the issuing of the said Sommes.
And the said Clearke or Receiver shall haue full power for the send-
ing out of Processe against any person upon whom any such Fine
shall be cessed, and to haue his Processe gratis from the Clearke of
the Signet, and hee to haue his diet in the house of the said Lord
President, and to bee accounted one of the number of his Horsemen,
and to receiue the wages, and entertainement due for the same.

Also the said Lord Deputie and Councell haue thought meete there
shall be a continuall housholde kei)t within the precinct and limits
of the Commission aforesaid in such place, as to the Lord President
shall seeme most convenient ; All servants necessary for which
bou.shold shall be at the Nomination of the said Lord President ; In
which house, each Councellor bound to continuall attendance, and
attending shall bee allowed their diets, and the clearke of the Coun-
cell, and every other Councellor^ being either sent for or comming for
any needful busines, for the Queene^ or couutrey shall be allowed
during their aboad there their diet. And for the more honourable
porte of the said Houshold, there shall be allowed unto the said Lord