APPENDIX N.1

Abstract of Sir WILLIAM PENN's Answer to the Pretensions of
Colonel WALLIS :

Presented to the Consideration of the Hon. H. M.'s Commissioners
for the Settlement of his Kingdom of Ireland.

"That Sir William Penn, upon the king's ordering the Earl of Clancarty to be immediately possessed of his ancient estate, did surrender the castle, town, and manor of Macromp, being a garrison wherein was constantly and conveniently quartered a footcompany and troop of horse; with many thousand acres of land contiguous; and the castle, town, and manor of Killereagh, with several lands thereunto belonging, (the whole amounting to eight hundred forty-eight pounds per annum; whereon were gardens and nurseries brought to great perfection; several woods of considerable value; markets and fairs; court-leet and court-baron, with the like dignities; and one year and half rent in arrear ;) unto the said Earl of Clancarty. In consideration of which, the king earnestly writes to the then lords justices, for to hasten the said Sir W. Penn's reprize, out of such forfeited lands as were in Imokilly; namely, Rostillon, Shangarry; and Inchy, with the lands joining thereunto, dated the 17th of October, 1660.

"In November, 1660, comes out the Declaration, confirming all such lands as were set out to Sir W. Penn, (page 18), pursuant to the king's gracious letter. The then lords justices issue forth an order for the possessing Sir W. Penn (January 1660-1) of the afore-named places, with lands adjoining. And, that this order might have the better effect, they give another, dated the 7th of June, 1661, ratifying and confirming their former orders; and that, by granting Sir W. Penn a custodium of the said lands, which he accordingly had, commencing May, 1661.

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July 20th, 1661, comes an order from the said Commissioners of the Court of Claims, confirming this custodium.

"November 23d, 1661, produces a supersidious order from the lords justices, for the continuing Sir W. Penn's right and possession.

1 This Appendix ought to have preceded the former Appendix M, but the original presented itself too late to alter the references.

"The first year's custodium drawing to an end, there was a new custodium, upon the lords justices' order to the lord chief baron, for three years, dated March 5th, 1661-2.

"All this time, Colonel Wallis, pursuant to letters, orders, and custodiums, turned tenant; so that, being in possession in right of Sir W. Penn, and the land he urges his clause for, being given out and confirmed to another, his title becomes void: such a possession, also, being unknown to the purpose of the act.

"In 1662 came forth the Act of Settlement, which, in page 88, most largely expresses the king's intention to Sir W. Penn, giving to him a full reprize out of those lands, as he had been put in possession of, by his majesty's letters; and that he then held, as tenant to him: which, in so many words, enervates all other interests and pretensions. Nor, in that act, is there any clause repealing, or coming in competition.

"Several letters were afterwards sent in the behalf of Sir W. Penn, to put those, here deputed to manage the concerns of this kingdom of Ireland, (in possession) of the king's continual indulgent care for Sir W. Penn's security and ample satisfaction. Amongst several others, that dated the 7th of April, 1664, directed to the Lord of Ormonde, lord lieutenant; positively requiring, that no person or persons whatsoever should, by virtue or colour of any order or grant, dispossess Sir W. Penn of any of those lands whereof the said Sir W. Penn was possessed, as tenant to his majesty. Upon which most favourable letter, comes out the so long-expected explanatory act, wherein Sir W. Penn (pp. 48, 49) is most particularly provided for: That the said Sir W. Penn 'should hold to him and heirs for ever, all and singular the lands, tenements, and hereditaments, in the county of Cork, whereof he, the said Sir W. Penn, was, by his under-tenants, the 1st of March, 1664-5, possessed of, as tenant to his majesty; unless, upon valuation, they were found to be worth above 10007. per annum; all charges, quit-rents, and reprizes, deducted.'

"And that, since the passing of this act, nay, since Sir W. Penn's case has been controverted, his majesty graciously, to clear all doubts concerning his intention in the act, writes at length with his own hand unto my lord lieutenant, to declare to your lordships he never intended that any person whatsoever should receive any benefit, or reprize, out of the lands in Sir W. Penn's possession, save Sir W. Penn. And that if, upon a favourable inquest taken

of the lands' value, there is an overplus, that then it shall be in Sir W. Penn's choice what part shall be retrenched. This his majesty intimated to my lord lieutenant, as his will and pleasure, in reference to Sir W. Penn.

"I therefore humbly pray, that your lordships would please to let Sir W. Penn receive the benefit of all his letters, orders, grants, custodiums, and provisos.

"And, to the end your lordships may have the better assurance of the king's particular care and gracious intentions in Sir W. Penn's behalf, I humbly think it necessary to give your lordships one

passage:

"Some small time before his royal highness was pleased to make choice of Sir W. Penn to command under him in the first engagement against the Dutch, his majesty, well understanding the great difficulty the widow and the fatherless have to secure an unsettled estate, (if it had pleased God Sir W. Penn had been therein slain,) sent for the solicitor-general, Sir Heneage Finch; strictly requiring him to insert such a clause in the last act, as might be an undisputed explanation of his favour, from the beginning intended for Sir W. Penn's effectual reprisal; extending it to 10007. a-year, over and above all charges, quit rents, and reprizes. Upon which, Mr. Solicitor, discoursing with Sir W. Penn, desired him to set his heart at rest; his life and estate on't, he would secure him his 10007. a-year out of lands in his possession, over and above the aforesaid charges; unless the land in his possession fall short of the said sum: if so, to be reprised out of other forfeited lands. But if, upon a commission of inquiry, there should be an overplus, that it should then be in Sir W. Penn to elect the retrenchment; which, my lords, is but the substance of Sir W. Penn's clause.

"All these particulars within mentioned, are humbly submitted to your lordships, by,