Calendars of State Papers of Ireland

 

British Archives, Kew.

 

 

1660 - 62 - Charles II.

 

 

Page 100

 

26 Nov 1660

 

PETITION OF THOMAS KENNEDY to the KING, showing that: -

 

Petitioner voluntarily enlisted under the Marquis of Ormond, and served faithfully under him till he delivered up the sword.  He was afterwards compelled to gain a subsistence by the exercise of his pen and was chosen one of the clerks of the late general convention of Ireland.  They ordered petitioner to be secretary to the Commissioners appointed to attend the King on his happy restoration, as may appear by the annexed certificate.

The King having declared that Commissioners are to be appointed for the settlement of Ireland by adjudicating upon certain claims limited in and by the [late] Declaration, petitioner prays for a grant of office of register to the said Commissioners. 

P. 3/4. Underwritten with -

Order, dated 26 Nov., referring the petition to the Lord Chancellor of Ireland for report, and endd. with -

 

REPORT by LORD CHANCELLOR EUSTACE on the forgoing PETITION.

Advises that the petition be granted. 

P. 1/2. Signed. In all Pp. 1 1/2 followed by -

 

REPORT by LORD CHANCELLOR EUSTACE, SIR JAMES BARRY, RO. STERLING, AU[DLEY MERVIN], WM ASTON, THOS. ARMSTRONG, DAN. TRESWELL, JOHN STEPHENS AND RICHARD KENNEDY

 

They certify as to Kennedy's loyalty and service [see forgoing]. 

P. 1/2 Pp. 2. Ibid. 173 and 173a.

 

 

Page 220

 

14 Feb. 1661 Whitehall

 

The KING to the LORDS JUSTICES for SIR JAMES SHAEN, KT

 

Directing that he be appointed General Register and principal and chief clerk to the Chief Commissioners appointed and instructed for the execution of the Declaration for the settlement of Ireland.  He shall have power to nominate under-registers and clerks and shall hold his office so long as there is need for it.  The fees receivable by his office shall be fixed by you and the Council in Ireland in order to avoid extortion.  He shall receive into his custody all Commissioners books, records and writings brought before the Chief Commissioners which you shall think right to be kept for better executing the late Declaration.

Pp. 2 3/4. S.P. Dom. Signet Office IV. 343-5

 

 

Page 220

 

General date 14 Feb 1661

 

DOCUMENTS RELATING TO THE CASE OF MATHEW PLUNKETT.

 

Petition of Mathew Plunkett, son of Lord Louth, to the King, showing that:-

 

He comes of loyal ancestors and was himself expelled by the usurper and deprived of his estate.

He prays for restoration and for immediate support out of some part of his estate.

P. 1/2 with order &c., as foregoing, dated 22 Oct., 1660, and signed "Ra. Freman," referring the petition to Lord Chancellor Eustace.  S.P. Ireland 306, 64.

 

Copy of further petition of the Same to Same, showing that:-

 

Petitioner's grandmother was by the King's order put in possession of such part of her jointure as was in his Majesty's hands, and the charge put upon it by the late usurper's order was removed.  His grandmother is now dead, and his father, Lord Louth, has conferred on petitioner what his grandmother had and what else the petitioner has by the King's order.

He prays that he may be allowed to possess these lands and for quiet enjoyment and freedom from charges.

P. 1/2 Endd. Ibid. 65.

 

Draft of the King to the Lords Justices.

 

Directing that the petition be granted by grant under the Broad Seal of Ireland.  The charges formerly paid to Chas. I or the King are reserved, but no others.

Pp. 3. Endd. Ibid. 66

 

The King to the Lords Justices for Mathew Plunkett, as above.

 

Sir Maurice Eustace reports on Plunkett's petition, after seeing certificates by the Marquis of Ormond and others, that he was forward in reducing Dunkirk to our obedience; and adds that he was a prisoner with him [Sir Maurice] at Chester where he suffered for his loyalty.  He shall be restored to his father's lands, and profits thereof as from 24 June last.  Usual clauses for execution.

See above, p. 179 note.  Pp. 2 1/2.  S.P. Dom. Signet Office IV. p. 333-6.

 

This concludes the documents relating to this case.

 

 

Page 278

 

Before 26 March 1661

 

The KING to the LORDS JUSTICES for SIR JAMES SHAEN.

 

Approving the appointment of Thomas Kennedy as under Register of the writings, books &c., relating to the Commissioners, for executing the King's Declaration for the settlement of Ireland, and directing that Sir James, who has been appointed General Register, Chief Clerk and Keeper of the Records &c., to the said Commissioners shall have delivered to him "all and singular the books, writings and records, lately belonging unto the respective Courts of Claims at Dublin, Ashlone [Athlone], and Moyallo [Mallow], and to the late Commissioners appointed for the settling out of lands unto adventurers [and] soldiers, transplanted persons or other, and all books of discriminations and the books or papers of or concerning any decree on behalf of his Majesty against any of the Popish religion in our said Kingdom for treason or any other capital offences and also all books . . . . . for the stating of arrears of pay, adventurers, or other public debts, and also all other books, certificates, papers and writing you can come by or may command, which you shall judge necessary or useful for the execution of the said trust."

Pp. 2 S.P. Dom. Signet Office IV. 392-4

 

 

Page 418

 

16 Sept 1661 Whitehall

 

[SECRETARY NICHOLAS] to LORD CHANCELLOR EUSTACE

 

Most of the Council here are away and the bills you sent over are being considered by the King's Counsel at Law.  I hope the may be able to be sent over to you in a fortnight with little alteration.  The bill for a settlement will have to be further discussed and it is believed that most of the provisoes will have to be left out lest here should not be enough land for restorable persons.  The bill concerning the Excise will be very welcome and should not, in my opinion, be clogged with the matter of the Court of Wards, the King having been very generous to his people in Ireland.  P. 1/2. Entry. S.P. Ireland 308 p. 70

 

 

Page 574

 

7 July 1662 Whitehall

 

The KING to the LORD LIEUTENANT for SIR JOHN PERCIVALL.

 

Directing that Sir John be appointed General Registrar, and Chief Clerk and Examiner to the Commissioners appointed for executing the Act of Settlement by patents under the Great Seal.  He shall hold during good behaviour and shall perform the office himself or by sufficient deputies.  He shall have power to receive all commissions, papers &c., relating to the statement of officers' pay and other public debts.  An instrument shall be passed under the Great Seal discharging Sir James Shaen from this office, which he has hitherto held.  Favourable clauses.

P. 2  S.P. Dom. Signet Office V. pp. 217-8

 

[Sir James Shaen was Secretary of State (inter alia) in Ireland.]

 

 

Page 577

 

18 July 1662 Hampton Court

 

The KING to the "LORD DEPUTY" for settling Commissioners for the Settlement of Ireland.

 

When the Bill of Settlement shall be fully passed you shall appoint Henry Coventry, Esq., Sir Edward Deering, Sir Richard Ransford or Rainsford, Sir Thomas Beverly, Edward Smith, Edward Cooke, and Winston Churchill, esquires, Commissioners for executing the act.  Any three or more of them, including either Coventry, Deering, Cook or Churchill or Rainsford, Beverley or Smith, shall form a quorum, for all purposes except the tendering of an oath. 

P.1. S.P. Dom. Signet Office V. pp. 233-4. 

Also entry of same. P.1. S. P. Ireland 308, pp. 94-5

 

 

Pages 586-7

 

28 August 1662

 

The KING to the LORD LIEUTENANT for SIR JAMES SHAWNE [SHAEN]

 

On 30 March we appointed Shaen Chief Register, clerk, &c., to the Commissioners for executing our Declaration of November 30, 1660, and he or his deputies since acted as such.  Whilst he was here and detained in our service, Sir John Percivall obtained a grant of his place from us without even summoning Sir James to be heard, and in his grant obtained particular clauses for suspending Sir James and for obtaining possession of the books, &c., in his office.  On August 4 you, having heard counsel in the case, directed that the clauses in Percivall's grant which were disadvantageous to Sir James should be left out of the grant.  You shall see that Sir James shall not be prejudiced in any way by the grant to Sir John, which, we conceive, is null in law.  You shall take all steps necessary to confirm Sir James in his office.

Pp. 2. S.P. Dom. Signet Office V. pp. 258-60

 

 

Page 613

 

8 November 1662

 

LORD CHANCELLOR EUSTACE to SECRETARY BENNET.

 

Before Secretary Nicholas retired, I acquainted him with a matter on which a decision is need.  By the great Act of Settlement Allen of St. Wolston's is to have his estate of 500 a year restored.  The Earl of Mount Alexander has procured a grant of that estate from the King, and the grant has got as far as the Great Seal of Ireland.  I stopped it there till the King's further pleasure be known.  The question is now about to be settled, and the Commissioners for executing the Act have Allen's claim before them.  Allen is believed and known to have been an innocent person, and his estate should, at all events, not be given away before his trial has taken place.  If he should prove innocent, the King would regret having given away his lands.  If guilty, the grant to the Earl of Mount Alexander can easily be confirmed.

P. 1. Signed. Add. Endd. ordinarily and "This my Lord Berckley and I opened because it was our concern." Ibid. 110.

 

 

1666 - 69 - Charles II.

 

Page 2

 

5 Jan 1666 Council Chamber, Dublin

 

The LORD LIEUTENANT and COUNCIL to SECRETARY ARLINGTON

 

Sir Edward Smith and others of the Commissioners of Settlement who, by the Act of Explanation, are empowered to execute it and the Act of Settlement, have asked me, the Lord Lieutenant, for a commission authorising them and Sir Allen Broderick to execute such parts of the Act of Settlement as are still in force and are not placed in other hands for execution.  I, the Lord Lieutenant, consulted the Council on this, and we resolved by Act of Council that such a commission should issue; and we send a copy of that Act.  As we have no authority to do this other than the Act of Parliament, which shows His Majesty's intention that those persons should be Commissioners, and as it was necessary, in order to quiet men's minds and prevent doubts, that the commission should issue, we desire you to move the King that we may have letters under his Royal signature and signet approving what we have done.

P. 1. Signed by the Lord Lieutenant, the Archbishops of Armagh and Dublin, and thirteen other Privy Councillors.  Add. Endd.  Ibid. 3.

 

Pages 18 - 19

 

24 Jan. 1666 Oxford

 

The KING to the LORD LIEUTENANT and LORDS JUSTICES for SIR PETER HARVEY AND OTHERS.

 

Sets out the provisions of the Act of Explanation as to the appointment and duties of the Register to the Commissioners for the execution of the Act and for the appointment thereto of Sir John Percival to that post (1) and proceeds:-

Sir John Percival is dead and we, by letters under the Royal Signet and Sign Manual, dated at Oxford on 14 November 1665, directed patents to issue granting the office to George Phellipps and John Jeoffries, jointly, with all the perquisites arising from the said office, and subject to the conditions, payment, &c. prescribed by the Act.

We direct you to issue letters patents under the Great Seal granting to Sir Peter Harvey, Kt.,, Alexander Bence, and Robert Reading, all of Dublin, and to the survivor of them one third of the profits of the said office which should be paid [to the Crown].  You shall from time to time call on the Register or Registers of Deputy Register, &., to give you an account of all the profits of the office after they have deducted the expenses of carrying it on.  They shall pay to you one third of such net profit and you shall pay over from time to time that third to Harvey, Bence, and Reading, without account. (2)  If the required account is not given to you or the required payment not paid to you, process shall issue out of the Court of Exchequer for their recovery.  This grant shall be mentioned in any patents which may hereafter pass conferring the post of Register on any person, and it shall be preserved and saved in any Act of Parliament to be passed.  Insert beneficial clauses in the grant to Bence, &c.

Pp. 4 1/4. S.P. Dom. Signet Office VI. pp. 109d-111d

 

(1) See Sections 80 and 81 of the Act of Explanation, in Statutes at Large, Ireland III., pp. 50 and 51

(2) Owing to the possibility of faulty copying, the sense of the letter here is uncertain; but I think it is as given above.

 

Pages 47 - 48

 

27 Feb 1666 Whitehall

 

ENTRY of the KING to the LORD LIEUTENANT and COUNCIL

 

There is a clause in the Act of Explanation that Edward Smith, Sir Edward Deering, Sir Winston Churchill, Sir Allen Broderick, Edward Cooke and others, to be appointed on their death, be Commissioners to execute the Act of Explanation on the provisions of the Act of Settlement which still remain in force.  These Commissioners, in order that no question may arise as to the validity of their actions, have applied to you for a commission empowering them to execute those powers; and you , in order to promote the end of the Act of Settlement and quiet men in their estates, by an Act of Council, decided to order and warrant the Attorney or Solicitor-General of Ireland to draw up a fiant to pass the Great Seal appointing the aforesaid persons Commissioners, and giving any three or more of them power to execute all the clauses of the Acts which are directed to be executed by the Commissioners or were not particularly entrusted to some others by the said Act.  In consideration of your seasonable action for the public satisfaction in this matter, and for quieting our subjects' minds, &c., as to the validity of the proceedings of the Commissioners, we confirm and approve your Act and order of Council and all the proceedings that have been thereupon had.

Pp. 2 1/4. Entry.  S.P. Ireland 318, pp. 144-6

Also note of the same.  Ibid. p. 144

 

 

Page 679

 

3 Jan 1669

 

ROBERT LEIGH to JOSEPH WILLIAMSON

 

. . .

 

"Yesterday was the last day of the time by the Act of Settlement of this kingdom limited for the sitting of the Commissioners of Claims, so that after having sat till twelve of the clock at night, and given the best satisfaction they could to all people, having made an end to distributing what land they had left worth the taking to all persons concerned according as best intituled thereunto by the Act, my Lord Chief Justice of the Common Pleas (Sir Edward Smith), being the first in commission, made a short speech by way of taking leave and justifying to their own impartial proceedings all along in executing the Act to the best of their skill and judgement and Sir Edward Deering seconding him with another short speech to the same purpose.  The Court was dissolved, so that now we are rid of a very troublesome piece of work in this kingdom, and all soldiers and adventurers to very few, if any, remaining, are satisfied what the Act of Parliament intended them; so that now the matter is over and the King has complied with those kind of people as far as he promised."  There are still many concealed lands, &c., in the King's power to dispose of by patents.  If I were called on to advise the King I should advise him to make no more general distributions, but to remember his own poor friends, and those that have served him.  Many of these have got nothing at all since the Restoration.  By particular grants to everyone according to his pleasure and their merit he should give them a taste of his bounty "as His Majesty hath already done sufficiently to those that have not at all intention to deserve it of him."

Pp. 1 3/4. (Hol.). Endd. S.P. Ireland 325, 1.

 

 

Page 688

 

12 Feb 1669 Whitehall

 

ORDER of the KING in COUNCIL

 

A letter was read at the Board from the Lord Deputy and Council of Ireland, with a petition addressed to their lordships by several deficient adventurers and soldiers and others, setting forth that the Acts of Settlement and Explanation provided for their reprizal, but that the lands in the common stock falling short of answering all interests, the petitioners with other are deficient after many years attendance and great charge; that they are assured there are great quantities of forfeited lands vested in the King to the uses of the said Acts which, if disposed of accordingly, would go far to satisfy all deficient interest, but that they have been informed that efforts have been made to obtain these from the King as of his mere gift without respect to the answering of the ends of the said Acts.  The petition prays that all of such grants by mere gift as have been passed may be suspended until the petitioners and the other interests provided for in the said Acts are satisfied.

Ordered that Lord Arlington and Sir John Trevor forbear for the future to pass or prepare for the King's signature any warrants, &c., for lands in Ireland remaining undisposed of by the Commissioners of Claims, and which are vested in the King by the Acts of Settlement and Explanation until they have received the King's further pleasure thereon.

P. 2/3 Signed by Richard Browne.  Endd. S.P. Ireland. 325, 13.