of forfeiture, halfe to the Soveraigne and half to the espier. And yf any shoemaker of this toune doe from henceforth sell their shoes to any forriner of the country (without licence of the Soveraigne for the tyme being) whereby the inhabitants of the towne cannot be served, but at an unreasonable highe price farre above the said value, that he or they doing the contrary shall forfecte iii. s., to be divided in thirds, etc., li. 2. fo. 38 b." 1542. Walter Archer, Superior : 66 'For portreif elected that can speak no English: "Item, it is enacted, condescended, and agreed by the said Soveraigne, Burgess, and Commons of the said towne that every person to be hereafter chosen or appointed by the towne or the Chief Lords styward, in the office of portrifshipp, and can not speak Englishe nor order himself after the English sort and fashion for the woorship of the said towne in court, That he or they so elected, choosen, or appoincted, shall wadg or fynd a sufficient and hable person such as the soveraign and his Councell for the tyme being shall thinck meet & convenient to serve the same roome, and the soveraigne and his councell to moderate the said wadge reasonably, li. 2. fol. 47 b." For breakfasts made to women in child bedd: "Item in consideracion that by reason of the resort of divers women to visit their frend or kinswoman, being brought a child bed to comfort the parient and make her cheare wch heretofore p'ceded of love, woorshipp, and honesty, and nowe the same custom is by reason of light shamles, & idle women lacking good maners, & habilitie presuming at such tymes to kepe company wth the Soveraignes wif, and other her associats misused, & rather converted to dishonesty more than woorshipp to the slander of the said good wives, and hindraunce of the house where they useth to resort. It is therefore enacted by the same auctoritie that no person nor persons from hensfoorth go to visite any such woman being at child bed to make any jounkery or breakfaste, but her mother, sistere, or gossobbs for that tyme upon paine of xx to be forfaicted of the house that shall receive the same, and vi3 viijd of him or her that shall make or take any such breakfast otherwise then before is said, of wch paine the so'vaigne for the tyme being shall have the third parte, and the spier and comens thother part, li. 2. f. 48 a." "For making of Aqua vite: 66 'Item in consideracion of the intollerable mischiefs that groweth to the comon wealth for making of Aqua vite as the same is nowe used, whereby wheat, malt, and other cornes & fuell is made very dere, so as poore men can have mony scantly to buy the same, It is enacted by the auctoritie aforsaid that no person or persons shall mak any kynd of aqua vitæ wthin the said towne or the franches of the same unles he or she be a free burges in towne upon paine of forfaicture to be made of the crock wth all instrumente that apertaineth therunto, and all the licor or aqua vite that in any wise can be had or proved to be made at that tyme wherof the sov'aigne for the tyme shall have the third part, the espier as much, and the residue to the commons, li. 2. f. 48 a. "Item that no crock nor instruments be sent out of towne to make any aqua vite in the cuntrie or given by any fre burges wth in the towne to any foriner or such as is not enhabled to make aqua vite wthin towne upon paine of vi s. viii d.; thereof, to the espier, xx d., and the surplus to the Soveraigne and comons equally, li. 2, f. 48 b. "Item, that no freman or burges by collor of his owne fredom do make or suffer to be made within his house or jurisdiction any aqua vite to any other that is not free burges within the said towne upon paine of xx s. to the owner or hed of the house that conteneth the same whereof the sov'aigne shall have vis. viii d., and the residue to the spier and the comens, li. 2, f. 48 b. "For the faire of Aghwoe [Aghaboe]: "Item, in consideracion of the great hindraunce that the towne sustained by reason of a certaine fayre or markett which the lord of Upper Ossory have proclaimed to be kept at Aghevoe on Thursday ones every fortnight without aucthoritie but of his owne extort power for his sole and private gaines, whereby the trade and stirring of the towne is much putt back and the kings custom of muradg greatly decayd. It is therefore enacted by the same assent and aucthoritie that no inhabitaunt of the same towne do go, haunt or in any wise trade or use the said fayre or markett the day named or appoincted for the same, nor by any collor send any ware, money, or victuall there to be sold the very day of the markett, nor have any servaunt or lodgers wth in the country there to buy or sell any kynd of ware upon paine of xl s., to the offender of this present act, totiens quotiens. Whereof the soveraigne for the tyme shall have the third part, the spier as much and the comons the other third part. This statute to con tynue till the next dernhundred, provided that the inhabitaunts of the Irishtowne conforme them to be lykewise restrained, or otherwise this estatute to be void, li. 2, f. 49 a. "For leasers of corne: "Item, in consideracion that divers strong and hable persons by collor of leassing of corne in harvest tyme refuseth to go hyre for wadg, but keping them idle thre quarters of the yere for the commoditue of that one quarter, having no substaunce nor other living but such as they plucketh and stealeth from true men, whereby men can scantily have rippers and other workmen to labour for their mony, to the great detryment of the com'on wealth. It is therefore enacted that no p'son nor p'sons being strong in his body and hable to do woork & service otherwise shall not leasse any maner of corne upon paine to forfaict all such leassed corne togither with as much other corne as then shall be founde with the same, and all the clothes and goods as shall be found then upon his or their boddyes that shall so leasse and themselves to be stocked or imprisoned for xxiiij houres or more at the discression of the hed officer of the towne, of wch forfaictures the sov'aigne shall have th'one half and the spier or taker the other half, li. 2, f. 49 a. 66 Erring for halves to inherits in the cuntrie or for 3 or 4 sheaf or port: "Item in consideracion of the great hindrauncs that chanced to div's of the inhabitants and dwellers of the said towne, and of further inconveniencs lyke to growe if due remedy be not the soner provided, by reason that divers inheritors of the same who hath their dwelling and habitacion out in the cuntry have taken upp into their owne hands all such arrable land as they had wth in the franches of the said towne without setting any part thereof for rent to the said inhabitaunts who had none other trade of living but their erring and sowing and setting the said lands to certaine poore and insufficient p'sons whom they bring with them out of strange placs to occupie and err the said lands to them for the one half & som for the third and fourth sheaf after the Irish sorte & custom who living most scarcely with milk, whey, or bread & such other beggerly fare are not hable to lodg, victuall, or receave any of the kings may armye or subbjects com'ing to & fro, the said towne being a throughfare, and yet the towne in no little danger to be by such outcomes folk one tyme or other burned, betrayed or utterly destroyed; and the said inhabitaunts for a great part compelled to give over their housholds for lack of arrable land to be had for rent (as hitherto they were accustomed) to be occupied and manured for the supportacion of their chardgs. Whereby the said towne is lyke to be much depopulated and decayed and a great deale the lesse hable to sustaine or maintaine their pavadge and muradg' or yet to receave the king's highnes deptie councell and armye, or to serve his grace otherwise at tymes of opportunitie. Wherfor & for that such erring for halfs and other Irish customes premised was never ha [sic] sene here till nowe of late and for the saulf guard of the said towne, be it established and enacted by assent of the Sov'aigne, burgess' and Com❜ons of the said towne that no p'son ne p'sons dwelling, being or inhabiting wthin the said towne or the franches of the same shall manure, occupie ne err for halfs port of corne, the third or fourth sheaf any lands within the said towne or franches, or elsewhere, without the said lib'ties to any landlord or inherito' that is or hereafter shall be dwelling out of the said towne unles such landlord or inheritor do p'sonally com' and inhabit and dwell within the said towne for maintenaunce & defence of the same without any frawde, deceipt, or collusion uppon paine of six pounds thirtene shillings & fowre pence, to be levyed and forfaicted of him or them that shall contenue the same, totiens qotiens. And the offendo' or offendo's thereof to be utterly exiled out of the same towne and franches, of the wch forfaicture the Sov'aigne for the tyme shall have xx s., the espie', vi s. viij d., and the residue to be taken upp & conuerted to the comon use of the towne without remisson or grace, li. 2, fol. 49 b." 1543. Robertus Sheeth, Superior : "For fleash sent out of towne : "Item, where great scarcitie and dearth of victuall is lyke to growe within the towne by reason that div's of the same for their private profit selleth foorth to div's other, wheares the flesh and cates wch would come to the said towne if the same were not disturbed otherwise: It is therefore enacted by the same aucthoritie that no inhabitaunt of the said towne shall sell, bargaine, or send any kynd of beoves or other fleash brought or coming by any meane within the said towne the franches of the same, or within iij miles adioyninge to the said franches or more. Any collusion being p'ved to defrawd this present estatute but in the said towne to serve the same upon paine of iij s. iiij d. for ev'y beof, ij s. for every swyne, & xij d. for every sheep wch shalbe solde or sent to be solde in maner aforesaid, totiens quotiens. Of wch paine the Soveraigne for the tyme shall have the third parte, the Comens and the spyer the residue, to be equally devided betweene them. Provided that the Soveraigne for the tyme being with the advise of his counsell may lycence such as they shall thinck in discress'on to sell or send foorth any fleash out of towne to be solde where it shall please the owner, so that the toune be sufficiently furnished then with other like cates and fleash, li. 2, 55 a." 1544. Walterus Archer, Superior : 66 Election of the Soveraigne after Lammas: "M" that where by Walter Courcy [h]is tyme being Soveraigne of the said towne, in the viijth yere of the raign of of Sov'aigne lord King Henry the viijth, by the assent of the said Sov'aigne, the burgess, and com'ons of the said towne it was enacted, ordained, and established that the Soveraigne for the tyme should from thence foorth be choosen yerly in the Tolsell of the said towne, & not elswhere, the Monday next after the exaltacion of the crosse as by the same estatute more pla'nlier it doth appeare; wch statute notw standing in considerac❜on that the whole com'ons by reason of their resort to sundry fayers, whereupon rested a great part of their living, could not be at the said election, being so nigh the day of the fayer: And to the entent that the Sov'aigne for he next yere following shall have some convenient respite as well to have his provision as otherwise to prepare himself for the wourshipp of the said towne: It is therefore enacted and established that from hensefoorth the same election of the Soveraign shalbe yerly the Monday next after lammas day, otherwise called the feast of St. Peter the advincle, and that every freman of the said towne wch shalbe absent at the said election or choosing of the Sov'aign shalbe utterly discommoned and bereved of his fredom for one twelvemoneth following. And after to made a grevous fyne wth the Sov'aign, burgesses and com'ons before he be receaved to the same liberty or fredom againe, li. 2, fol. 59 b. Shomakers, weavers, and teaslers putting upp shopps nere the market cross : the cornell shopp unto the style of our lady churchiard adioyning to St. Peter [h]is priests chamber upon payne of vis. viij d. totiens quotiens, to be forfaicted by the owner of the shopp and the occupier of the same equally. Of which forfaict the Sov'aign for the tyme being shall have the one half and the commons th'other half, li. 2, f. 60 a." "Prices of victuals: 66 Item, It is lykewise condiscended and agreed that the assise stynt and price of bread, ale, and fleash, and all other victuall shalbe contynued and kept at lyk price and fashion as the same was lymited and written in this present book the xxxvth year of the raigne of our Soveraigne Lord King Henry the VIII., Robert Sheth being Soveraigne; that is to say, every penny woorth of good white bread without lovaine, shall containe ii. pound; and white lovaine bread to contayne i. li. and di.; and browne bread of other sort, the penny woorth to containe iiii. li. upon paine lymited by the chartor (that is to say) xii. d. for the first default, ii. s. for the second default, and so foorthe, etc., and that every gallon of good wholsom ale be sold for iii. d. upon like paine, etc., li. 2, fol. 60 a." The penmanship of this volume is in the various contracted styles of the early part of the 17th century, the most elegant portions being those from page 86b to 119. The transcription bears evidence of careful revision and exact references are inserted to authorities from which extracts are given. Although Rothe's Register of the House of Ormonde* was known and referred to from the time of its author, mention is not to be found of this his much larger work on Kilkenny. As yet no similar compilation is known to be extant made at so early a period in connection with the history of any town in Ireland. Rothe's Manuscript is in excellent condition in its original oaken boards, on which portions_of_the_red leather and brass fastenings still remain. It has been temporarily placed in the library of the Royal Irish Academy by its present owner. This long hidden book will, apart from local associations, be regarded with interest as a literary monument of the family of Rothe, which, under adverse circumstances at home, contributed a learned and patriotic episcopal writer to Ireland, and, down to the present century, gave eminent officers to France, Austria, and Russia. Dublin. J. T. GILBERT. * See notice of it in Report on MSS. of O'Conor Don, in present appendix. CIRCULAR OF THE SECRETARY OF THE COMMISSION. HISTORICAL MANUSCRIPTS COMMISSION. Rolls House, Chancery Lane. Her Majesty has been pleased to appoint under Her Sign Manual certain Commissioners to ascertain what MSS. calculated to throw light upon subjects connected with the Civil, Ecclesiastical, Literary, or Scientific history of this country are extant in the collections of private persons and in corporate and other institutions. A copy of the Commission is enclosed, which will best explain the object Her Majesty has in view. The Commissioners think it probable that you may feel an interest in this object, and be willing to assist in the attainment of it, and with that view they desire me to lay before you an outline of the course which they propose to follow. If any person express his willingness to submit any paper or collection of papers within his possession or power to the examination of the Commissioners, they will cause an inspection to be made by some competent person, upon the information derived from whom the Commissioners will make a private report to the owner on the general nature of the papers in his collection, such report will not be made public without the owner's consent, but a copy of it will be deposited and preserved in the Public Record Office, to which no person will be allowed to have access without the consent of the owner of the papers reported on. Where the papers are not mere insulated documents, but form a collection which appears to be of Literary or Historical value, a chronological list or brief calendar will be drawn up, and a copy thereof presented to the owner, and to no other person without his consent, but the original of such calendar will be deposited for preservation in the Public Record Office, to which no person will be allowed to have access without the consent of the owner of such collection. The Commissioners will also, if so requested, give their advice as to the best means of repairing and preserving any papers or MSS. which may be in a state of decay, and are of Historical or Literary value. To avoid any possible apprehension that the examination of papers by the Commissioners may extend to or include any title deeds or legal documents, I have to call your attention to the fact that nothing of a private character or relating to the titles of existing owners is to be divulged, and to assure you that positive instructions will be given to every person who examines the MSS. that if in the course of his examination any title deeds or other documents of a private character chance to come before him, they are to be instantly put aside, and are not to be reported on or calendered under any pretence whatever. The object of the Commission is solely the discovery of unknown Historical and Literary materials, and in all their proceedings the Commissioners will direct their attention to that object exclusively. In no instance will any MS. be removed from the owner's residence without his request or consent, but if for convenience the Commissioners be intrusted with any MSS., they will be deposited in the Public Record Office, and be treated with the same care as if they formed part of the Public Muniments, and will be returned to the owner at any time specified by him. The costs of inspections, reports, and calendars, and the conveyance of documents, will be defrayed at the public expense without any charge to owners. The Commissioners will feel much obliged if you will communicate to them the names of any gentlemen who may be able and willing to assist in obtaining the objects for which this Commission has been issued. I have the honour to be, Your obedient servant, WD. GEO. BRETT, Secretary. 265 INDEX TO FIRST AND SECOND REPORTS. A. Aæria, Josep de, to D. Methuen; I. 15. Abbadie, Jacques, Dean of Killaloe, letters of; II. 232. Abbey of the Holy Ghost, The (a treatise, 15th cent.); II. 106. Abbeys, a book relating to; I. 32. Abendonensis monasterii, Psalterium secundum morem Nigro- Aberbrothock, Registrum de; II. 186. Abercorn, Lord, letters of, 1720; I. xiii.; II. 232, 235. Abercromby: General, letters of; II. 29. Sir James, letters of; II. 188, 189. Sir R., letters of; II. 29. Abercromby's letter to Lord Brougham; II. 192. Aberdeen: burgh of, records of the; I. xii. report on the records of the; I. 121. church of, lists of elders and deacons of the; I. 122. of the; I. 111, 122, 123. monastic houses of, charters of the; II. 200. Carmelite, Franciscan, and Dominican friars at, charters of Franciscan convent of, mortuary of the; II. 201. documents belonging to the; II. xix. report on the records and MSS. of the; II. 199. Blair's College, near, the collection of MSS. at; I. 112. Bishops of, charters by; II. 180. Aberdeen, Earl of: I. 19. letters of the (beginning of 18th cent.); I. 118. Aberdonensis, Martyrologium secundum usum Ecclesiæ (15th Aberdonensium Episcoporum, Boetius de vitis; II. 146. Corporation of, records of the; I. xi. ; II. xv. report on the records of the; I. 98. additional report on the records of the; II. 149. Papal Nuncio, an absolution by; I. 96. Christ's Hospital at, records of; I. xi. report on the MSS. of the; I. 98. See Abendonensis. Abingdon, Lord, to the Earl of Nottingham, 1702; I. 15. his antiquities of Worcestershire; I. 53. Abjuration oath, the; II. 234; oaths, 1715-22; I. 103. Accounts-cont. at Wells; I. 107. at Westminster Abbey ; I. 95, 96. in the Chapter Archives, York; I. 97. parcels of, at Nottingham; I. 105, 106. rolls of, belonging to the Dean and Chapter, Norwich; I. 59. monastic, 15th cent.; II. 119. Public, Commissioners for, 1668; I, 51. a treatise on; II. 41. letter of, 1718; II. 217. letters of, 1733; II. 212. letters dated at, 1759; I. 41. orders of (17th cent.); I, 17. Court of, commissions of appeal in the ; I. 34. treatises on the practice of the; I. 43; II. 156. suits, commission and articles of inquiry in, 1626; I. 43. Advertisement of a loyal subject to his gracious Sovereign (James I.); I. 47; II. 51. Advocates' Library. See Edinburgh. Equatorium Campani, a Latin treatise called; I. 46. Aeronaut, letters of an, 18th cent.; I. 127. Africa: travels, &c. of Capt. John Smith in, 1593-1629; II. 4. Agar, Thomas, to Viscount Hatton; L. 15. Agincourt, battle of, contemp. letter touching the; II. 94. Agnew, Thomas, letters of; II. 188. Aids, commissions to levy, temp. Hen. VI. et Edw. IV.; II. 94. Lord, letter of, 1682; I. 15. - letters of, 18th cent.; I. 127. and Elgin, Lord, letter of, 1735; I. 15. Ainslie: Miss, of Berwick-upon-Tweed, report on a MS. of; II. xii., 68. Robert, letters of; II. 190 (bis). Airlie : Earl of, report on the MSS. of the, in preparation; I. 112. his MSS. at Cortachy; II. xvii. report on his papers at Cortachy Castle; II. 186. Earls of, papers of the; II. 187, 188. Countess of, letter of the, 1654; II. 191. LI |