Corpus of Electronic Texts Edition

Sir Francis Bacon's MSS relating to Ireland (Author: Francis Bacon)

Document 24

p.civ

A direction or advice unto her Majesty's Attorney-General of Ireland, touching certain doubts in law, which may arise in the proceeding against the recusant corporations in Ireland

Calendar of State Papers, Ireland, 1606-08, pp. civ–cv

1. Are of the opinion that it is a contempt if a mayor take office without first taking the oath, for which he is punishable in the Castle Chamber, and in this they have resolved two doubts which had been moved to them.

1. First, that any one promoted by the queen to any temporal or lay office, before he shall take the office upon him, shall take the oath of supremacy, etc; this extends to a mayor, for that he cometh in by the king's authority, mediately, though not immediately; and in a former clause concerning persons already possessed of dignities and offices, a mayor is expressly named.

---

p.cv

2. Secondly, though no oath be tendered, yet if he exercises his office before he take it, he is punishable, for the word 'shall' is compulsory, and he is to take it at his peril, and he should procure a commission, if no person is authorised to tender the oath.

Notwithstanding, they advise that for the time to come, commissions to administer the oath be directed to the presidents in the provinces, and to the bishops and other chief officers there; and in the Pale to the bishops and some of the Privy Council, to remain dormant with them and to be executed from time to time.

2. Where the corporations by their charters are to choose their mayors, de probioribus, discretioribus, vel idoneis viris, if they choose notorious recusants, they (Ellesmere & Bacon) were of opinion they were not warranted in choosing such persons.

3. When mayors or recorders have exclusive jurisdiction, and being themselves recusants, have made no inquiry or conviction of recusants for years past, they were of opinion that their charter might be questioned upon that point.

Recommend for the time to come, that pursuant to the statute 2 Eliz, the bishop associate himself to the mayor and recorder upon sessions of oyer et terminer, and call upon them to inquire of recusants; and that a letter be written to corporations, reproving their former neglect, and to give the points of the statute in charge, and cause it to be executed in their franchises.

p.??