Present: Lo. Archbishop of Canterbury, Lo. Chancellor, Lo. Treasurer, Lo. Pr. Seal, Lo. Chamberlain, E. of Arundell, Lo. Visc. Wallingford, Lo. Bishop of Ely, Lo. Zouche, Mr. Sec Lake, Mr. Chancellor of the Exchequer, the Master of the Rolls.
Whereas by virtue of his Majesty's letters bearing date 3 April, to the Lo. Deputy of Ireland, for passing a grant under the Great Seal of that realm to the Lady Helen, Countess of Ormond, daughter to David Lord Barry, Viscount Buttevant, and to any other person or persons in trust, whom she and Lord Barry her father should jointly nominate, of the wardship and custody of the body and lands of the now Lord Barry, then an infant and grandchild to the Lo. Barry aforesaid, then as yet living, and of the benefit of his marriage if the same were then in his Majesty's disposition, or as soon as the same should happen to be in his gift by the death of the infant's father, David Barry, deceased, or his grandfather the Lo. Barry, then living, together with the wardship of all other lands which had or might descend to him the said infant by any other means during his minority, to hold and enjoy the same unto the said Countess and her assigns, or to such person or persons of trust as she and the Lo. Barry, her father, should name, and their assigns, to the use both of the infant the now Lord Barry for his better education and preferment, and likewise to the use and preferment in marriage of such of the Lo. Barry's daughters as should be unmmaried at the time of his death, to be disposed of as the said Lo. Barry and the Countess in their discretion or the survivor of them shall think meet:--Letters patent were accordingly passed under the Great Seal of that realm of the wardship to Edmond FitzJohn Barry of Ballyspillan, and Gregory Lombarte of Buttevant in the county of Cork, their heirs, &c., being persons nominated in trust by the said Lo. Barry, the grandfather, and the Countess of Ormond, his daughter, to hold the wardship to the use of David now Lo. Barry, cousin and heir apparent of the said Lo. Barry, Viscount Buttevant, the grandfather, as he and his daughter the Lady Helen, now Countess Dowager of Ormond and Ossery or the longest liver of them should appoint. And as the Countess surviving her father has at sundry times showed to this Board that according to the power given her by the letters patent, and for the good of her nephew, and for other purposes expressed in the letters patent, and for that she also is informed that Edmond FitzJohn Barry has not faithfully discharged the trust reposed in him, nor is a person responsible for so great an estate, she has therefore desired the said Lombart and Barry to release and give up their interest as she should appoint; but Barry refused, and was therefore at the instance of Sir Thomas Somerset, Kt., and the Countess now his wife, warned several times to make his appearance here before their Lordships to yield a reason for his refusal and to abide an order for the trial of the points in question; whereupon Barry at length appeared; it pleased the Board to refer the examination of the business to the Lord Viscount Wallingford, with the assistance of the Attorney General and Sir James Lee, Kt., Attorney of the Court of Wards. They having called the parties before them, the Viscount Wallingford did this day report to the board the state of the cause, concluding that Barry acknowledging the trust reposed in him was contented to yield up the same to the Countess of Ormond, or as she should appoint to the uses mentioned in the grant; and in regard of his submission their Lordships were pleased to pardon and remit all former contempts to this Board, and do hold it just and meet that Barry shall, upon notice thereof, presently surrender and resign all his interest and right in the wardship to the Countess, as Gregory Lombart the other patentee has already done. And for that Barry in his answers in the Court of Wards and Liveries in Ireland, unto a bill exhibited by the Countess and Sir Thomas Somerset, has cast some aspersions upon the Countess touching her honour, their Lordships think fit and do order in regard he now disclaim and utterly disavow the same, that he shall forthwith under his hand subscribe his disavowal thereof with a like submission unto the Countess answerable thereunto, and shall also before the last of June next in the Court of Wards in Ireland, where the scandalous answers remain on record, make the like submission and disclaimer under his hand.