May it please your Lordships, We have examined the petition of Donel Mc Carty [Donal-na-Pipi] touching his offer to surrender the country of Carbry to his Majesty, and to accept the same by letters patents, to hold the same by English tenure of His Majesty.
We have also considered of many objections made against his suit by Florence Mc Carty now prisoner, and upon consideration hereof we are of opinion That it is not inconvenient for His Majesty to accept a surrender, and to grant the same by His Majesties letters patents, (receiving some small rent for an acknowledgement) to hold by Knight's Service in Capite, by one whole Knight's fee, and hereby to extinguish the custom of Tanestry.
Yet because the country of Carbry offered to be surrendered, as the pretended inheritance of the petitioner, is a large territory; wherein we are of opinion there are, or have been, divers freeholders, and many of them have by attainders forfeited their estates to the Crown, and some other have sold their rights to others, and yet out of some of these not grown to the crown the petitioner and his predecessors may have rightfully some rents and duties, We think it meet before the petitioners surrender be accepted, That by indifferent commissioners and jurors there be a presentment in Ireland, what lands, duties lawful and sufferable services the petitioner hath in them in demesne or service, and what belongeth to His Majesty or other freeholders; and upon return thereof, (certified of records, whereby each parties right may appear) then, and not before, we think convenient to accept the petitioner's surrender, and to grant to him, and the heirs males of his body, such portions of lands, and other duties, and lawful services as by presentment shall be found to be the petitioner's right (not being His Majesties nor growing out of His Majestie's lands or escheats, or any such as hath been granted from the crown to any person,) if it shall be so thought good to the State there, otherwise to certify their opinions to your Lordships, how much, and in what manner, the same were fit to be granted.
And for securing His Majestie's titles and all stranger's rights, a provision is meet to be incerted in his letters patents to be granted to the petitioner, with liberty of court-leet, half felons goods, waif and stray, and such other inferior privileges as have been usually granted to other lords, and with a covenant that he shall erect twenty four freeholders at the least for service of jurors.
Which things observed, we think it a beneficial thing to His Majesty, and the country, to have this country reduced from Tanestry to an English tenure, and peaceable course of inheritance.
Touching the second Article of his petition desiring toleration of the King's royal composition of 80 livres yearly in lieu of cesse; we think convenient that be preserved; and hold it not convenient to grant him other toleration than other lords or gentlemen, that pretend like poverty have, least by his example others should be encouraged to like suits.
All the rest of the articles against the Lord Barry, Lady Norrys, and others, are in effect only petitions for justice, wherein we see no inconvenience, if it please your Lordships, to recommend him to the Lord Deputy for the speedy righting of his just complaints against all subjects, saving the undertakers, and such others whose titles have been heretofore hard, and discussed. All which we humbly submit to your Lordships wisdoms.
2 July 1606.