Printed for Ioseph Watts in St ▪ Pauls Church Yard
HIBERNIA ANGLICANA: OR, THE HISTORY OF IRELAND From the Conquest thereof by the ENGLISH, To this Present Time.
WITH An Introductory Discourse touching the Ancient State of that Kingdom; and a New and Exact Map of the same.
PART I.
By RICHARD COX, Esq Recorder of Kingsale.
Ardua res est vetustis novitatem dare, obsoletis nitorem, obscuris lucem, dubiis fidem.
Attamen audendum est, & veritas investiganda, quam si non omnino Assequeremur, tamen propius ad eam quam nunc sumus, tandem perveniemus.
LONDON: Printed by H. Clark, for Ioseph Watts at the Angel in St. Paul's Church-Yard, MDCLXXXIX.
TO THEIR Most Excellent Majesties WILLIAM AND MARY, By the Grace of God, King and Queen OF England, Scotland, France and Ireland; Defenders of the Faith, &c.
I Should not presume to lay this Treatise at Your Royal Feet, but that it concerns a Noble Kingdom, which is one of the most considerable Branches of Your Mighty Empire.
[Page] It is of great Advantage to it, that it is a Subordinate Kingdom to the Crown of England; for it is from that Royal Fountain that the Streams of Justice, Peace, Civility, Riches and all other Improvements have been derived to it;Campion 15. so that the Irish are (as Campion says) beholding to God for being conquered:Davis, 2. And yet Ireland has been so blind in this Great Point of its true Interest, that the Natives have managed almost a continual War with the English, ever since the first Conquest thereof; so that it has cost Your Royal Predecessors an unspeakable Mass of Blood and Treasure to preserve it in due Obedience.
But no Cost can be too great where the Prize is of such Value; and whoever considers the Situation, Ports, Plenty, and other Advantages of Ireland, will confess, That it must be retained at what rate soever; because if it should come into an Enemy's Hands, England would find it impossible to flourish; and perhaps difficult to subsist without it.
To demonstrate this Assertion, it is enough to say, That Ireland lies in the Line of Trade, and that all the English Vessels that sail to the East, West and South, must, as it were, run the Gauntlet between the Harbours of Brest and Baltimore: And I might add, That the Irish Wool being transported, would [Page] soon ruine the English-Clothing-Manufacture.
Hence it is, that all your Majesties Predecessors have kept close to this Fundamental Maxim, Of retaining Ireland inseparablely united to the Crown of England: And though King Henry II, may seem to deviate from this Rule, by giving the Kingdom to his Son John; yet this is to be said for him, That he thought the Interest and Expectations his Son had in England, would be security enough against his Defection; and the rather, because he could not then keep Ireland without continual Aids and Supplies from hence: However, this very Example was thought so dangerous, that Ireland was never given away since that time, except once by Henry the Third, and then only to the Prince, who was his Heir apparent, and on this express Condition, Ita quod non separetur a Corona Angliae.
I do not mention that unaccountable Patent to Robert de Vere Earl of Oxford and Duke of Ireland; not only because there was a Tenure by Homage reserved, so that it was not a total Alienation, and because it was but for Life, and cum mixto Imperio▪ but chiefly because it never took effect, so that it was but Ʋmbratilis Honor, & cito evanuit.
[Page] But it is needless to tell your Majesties, That Ireland must not be separated from England; or to solicit your speedy Reduction of that Kingdom, since the loss of it is incompatible with Your Glory; and to suffer the Ruin of four hundred thousand Irish Protestants, meerly for their adherence to Your Majesties and their Religion, is inconsistent with your Goodness.
But, in Truth, the Recovery of Ireland was not proper for Your Majesty's Undertaking, until it became difficult beyond the Hopes of others; any Body can do easie things, but it is Your Majesty's peculiar Talent to atchieve what all the rest of the World think Impossible: Your Majesty did so, in buoying up a sinking State, and restoring it to a more Glorious Condition than ever it was in before▪ And Your Majesty did so again, in retrieving from Ruine two expiring Kingdoms, that were at their last Gasp; and the Recovery of the third, is all that remains to consummate your Glory, and make You the Darling both of Fame and of Fortune.
And when that is done, Madam, the bright Example of your Majesty's Virtue and Piety will influence that degenerate Nation to such a degree of Reformation and Religion, as will restore that Kindgdom to its ancient Appellation, and Ireland will again be called, Insula Sacra.
[Page] That Your Majesty's Glorious Designs, for the Advantage of England, and the Recovery of Ireland, for the Propagation of the Protestant Religion, and for the Good of Mankind, may be blessed with Success, suitable to Your Majesty's Generous and Pious Intentions: And that Your Majesties long and happy Reign here may be crowned with Everlasting Happiness hereafter, shall be the fervent as well as daily Prayers of,
TO THE READER.
SInce Ireland is reckoned among the Principal Islands in the World, and deserves to be esteemed so, (whether you consider the Situation of the Country, the Number and Goodness of its Harbours, the Fruitfulness of the Soil, or the Temperature of the Climate); it is strange that this Noble Kingdom, and the Affairs of it, should find no room in History, but remain so very obscure, that not only the Inhabitants know little or nothing of what has passed in their own Country; but even England, a Learned and Inquisitive Nation, skilful beyond comparison in the Histories of all other Countries, is nevertheless but very imperfectly informed in the Story of Ireland, though it be a Kingdom subordinate to England, and of the highest importance to it.
This could never be so, if there were extant any compleat or coherent History of that Kingdom; which indeed there is not, those relating to the Times before the Conquest, being Fabulous; and those since, but Scraps and Fragments.
As for those Histories that treat of the Times before the English-Conquest, Doctor Keating's is the best, and is exceedingly applauded by some that did, [Page] and others that did not know better:Prospect in Pref. 13. Peter Walsh thinks 'tis the only compleat History that we have of all the Invasions, Conquests, Changes, Monarchs, Wars, and other considerable Matters of that truly ancient Kingdom: But after all, it is no more than an ill-digested Heap of very silly Fictions. And P. W's Prospect, which is in effect the Epitomy of Keating in English, with all the Art he could use to polish it, will never pass for more than an Utopian Atchievement. And Mr Flaherty's Ogigia must expect the same Fate, though he has shewn a great deal of Learning and Industry in methodizing the Story, and fitting a Table of Synchronism to it; which, with small Variation, might serve as well for the History of the Seaven.
But those Tracts that have been written of later times, have most of them another Fault; they generally write true, but not observing Chronology; they jumble Times, Persons and Things together, and so confound the Story. Sir James Ware was the first that mended this Error, and is undoubtedly the best Author that has undertaken the Irish History; but he has only the four Reigns of Henry VII, Henry VIII, Edward VI, and Queen Mary. Campion and the rest have but a Scrap here and there, and that it self very imperfectly. And Camden's Annals, Fryer Clun's, and others, that were mostly collected by the Monks, are very faulty, and have no coherence; Spencer's View of Ireland is very well, and Sir John Davys his Discourse is better; but both are Commentaries rather than Histories.
It must therefore follow, That an Entire and Coherent History of Ireland must be very acceptable to the World, and very useful to the People of England, and the Refugees of Ireland, especially [Page] at this Juncture, when that Kingdom is to be re-conquered; and perhaps Time may produce such a one. But as no Body was born a Man, but by degrees increased from his Childhood, so you must not expect all the Perfection in the first Edition, which Time and better Information may produce in a Second. In the mean time this Collection will give you such a Scheam and Idea of the Irish Affairs as will be useful to you, till you can get a better. I will not pretend this Collection is free from Mistakes, no wise Man will expect that, for be that Copies after others (as Collectors of Histories must do) cannot always be sure he writes Truth; Who is so Skilful (says Cambden) that strugling with Time, in the foggy dark Sea of Antiquity, may not run upon Rocks? And whoever writes an Irish History, must (to make Coherence) sometimes, conjecturis venari, as Sir James Ware says; But I assure the Reader, There is no wilful Prevarications herein, and that if I discover any Mistakes at all, I will at the End of the Book (or by new Sheets, which may be bound up with it) publish the correction of such Mistakes, as soon as conveniently may be.
And now perhaps the Reader expects I should bespeak his Favour: But I am far from being solicitous about the Reception this Book will have in the World; for either the Censurer could do it better, and then [...]e should have done so, and not like a Dog in a Manger, hinder others and do nothing himself; or he could not do it better, and then by censuring me he will but proclaim himself an envious Coxcomb; for none but such will find Fault with that which they cannot m [...]nd: In a Word, the Censure of Fools or conceited [...] can do me no Prejudice, and the Wise and the Learned will be more Just and Ingenuous than to reward the great Pains I have taken (in collecting and methodizing [Page] this perplexed History) with any thing that is Censorious or unkind.
But how ungrateful soever the Reader may be to me, I will nevertheless give him the best Help I can to understand the Irish History, which he can never well do, without penetrating into the true Causes of those innumerable Fewds, Wars and Rebellions that have been in that Kingdom; most of which, I think, were founded on those great Antipathies which were created by Difference in Nation, Interest or Religion.
The Difference of Nation concerned the Irish on one side, and the British on the other; for the Scots, though some of them were extracted from the Irish, yet only such as sympathized with them in Language, Manners, Customs, Religion and Interest, were accounted Irish, as Mac Donald, Mac Connel, &c. and the rest who communicated with the English in those five Particulars, are reckoned as such, and justly comprehended under the Appellation of British. As for the English, they are undoubtedly a mixt Nation compounded of Britons, Danes, Saxons and Normans: And some think the Irish are also a mingled People of Britons, Gauls, Spaniards and Easterlings, and therefore called Scots, i.e. an Heap: And 'tis certain they are at this Day a mixt People, if it were for no other Reason, but that there is hardly a Gentleman among them, but has English Blood in his Veins; However, the Irish Antiquaries do Assert, That the Irish are a pure and ancient Nation, and they derive their Pedigree through the famous Milesius, and by their Father Gathelus are descended from Feinsa Farsa, and other great Emperors of Scithia; and by their Mother Scota they were extracted from the mighty Kings of Egypt: But the Jest of it is, That since only two Sons of Milesius came into Ireland, [Page] (viz.) Hiber and Herimon, with about three thousand Soldiers, if all the Irish are of the Race of Milesius, it must follow, That those two Sparks were Patres Patriae, in a literal Sense, and be got Children for the whole Army; but however that be, it is certain there were great Antipathies between the Irish and English Nations, as usually there is between the Conquerors and the Conquered; but by degrees the English grew so much in love with the Despotick Power of the Lords, and the Licentiousness of the Commons, that they insensibly degenerated not only into Irish Customs, Habit and Manners, but also assumed Irish Names, as Burk Mac William, Fitz-Stephens Mac Sliny, Courcy Mac Patrick, Hodnet Mac Shery, Barry Mac Adam, Birmingham Mac Pheoris, and many others; so that this Difference of Nation was on the old English Side designed to be buried in Oblivion. But the Irish would not be so served, for they considered the first Conquerors but as unjust Intruders into, and usurpers of other Men's Estates, and therefore they expected some favourable Opportunity one time or other, to get rid of them; though for the present they were necessitated to joyn with them; and therefore they carefully kept up the distinction of Nations, and by no Laws or Allurements could be brought to part with their Language or Habit, or even the most of their barbarous Customs; however, the secret of this design was not divulged, until O neal, in his Triumphs to Munster, blab'd it out; for being told, That Barret of Castlemore, though an Englishman, was a good Catholick, and had been there four hundred Years; he replied, That he hated the Clown as if he had come but Yesterday. Since that we have many more Instances of it; and that this Antipathy has extended it self even to English Cattle and Improvements. It was another O Neal that said, It did not become him to writh his Mouth [Page] to chatter English;Irish Stat. 233. and that executed a Soldier because he had English Bisket in his Pocket.Sullevan, 67 O Sullevan tels us, that from 1168. to the Apostacy of Henry VIII, the English, though Catholicks, by continual Tyranny and Rapine destroyed the Discipline of Church and State; and (fol. 67.) that the English were Irreligious, Inconstant and Heretical, being in Dioclesian's Persecution Apostates, afterwards Arians, then Pelagians, then Heathens, then Idolaters, then Murderers of S. Thomas of Becket, and then Protestants: in a Word, wherever they dare do it, they do not spare to asperse the English Nation and Government with most Malicious and Opprobrious Accusations; and whoever considers, That the Bishop of Clogher did so purge his Ulster-Army, that he would not suffer any Papist to be in it that was of English Extraction; and the Advice of Mr. Mahony, in his Disputatio Apologetica, Not to make a Priest of English Race, nor to trust any that are so: Whoever, I say, considers this and the true Reasons of it, will easily be convinced, That the Old English and the Old Irish will one Time or other split upon the old indelible National Antipathy.
As to the second (viz. Interest) it concerns the Irish and the Old English, both of which have Inteterests incompatible with the New English; For when the English Lords usurped Irish Arbitrary Power, as aforesaid, and the Commons (being made Vassals to their Lords, and holding their Properties but precariously) fell naturally into Licentiousness, to the Ruine of the Commonwealth; The Duke of Clarence, in the Reign of Edward III, thought to cure this Malady, by resuming those Palatinate Jurisdictions and other great Priviledges those English Lords had so enlarged and abused, whereupon the Earl of Desmond broached the distinction between the English [Page] of Blood and the English of Birth; and the former did not only confederate together, but also brought in the Irish to their Assistance, and Gosip'd, Foster'd, Married and Incorporated with them, so that the Government was obliged to relax their intended Severity, and to let these old Englishmen lord it as they pleased, till a better Opportunity should be offered for the intended Resumption. However, from henceforward, the Old English and Irish kept a Correspondence, and upon the Reformation, became more firmly united by the common tye of Religion; and under Pretence of defending Religion, and their usurped Jurisdictions, they were found together in many Rebellions, and their Estates confiscated, and given to the new English; so that they are united in a common Interest, to recover their forfeited Estates, if they can; and when that is done, the Irish have their particular Interest apart, to recover their old Estates from the first Conquerors or Intruders.
As for the third, (viz. Religion) I need not explain the Irreconcilable Antipathy that is between the Roman Catholick Religion and Heresie, or between true Religion and Idolatry; the Differences of Nation and Interest may be suspended, lessned, ay, buried and annihilated, but there is no Reconciliation to be made between God and Mammon: This great concern has so silenced all the rest, that at this Day we know no difference of Nation but what is expressed by Papist and Protestant; if the most Ancient Natural Irish-Man be a Protestant, no Man takes him for other than an English-Man; and if a Cockny be a Papist, he is reckoned, in Ireland, as much an Irish-man as if he was born on Slevelogher; the Earls of Insiquin and Castlehaven are Examples hereof, the one being of the best and ancientest Family in Ireland, was yet the beloved General of [Page] an English Army; and the other being the second Baron of England, was Commander of the Irish Forces.
There is also another Difference in Religion between the Episcoparians and the Dissenters; which last are branched into several Sects; but it is not at all or very little taken notice of in Ireland, because they do really manage this Affair more prudently than some other more celebrated Nations, and sacrifice these petty Fewds to the common Interest of opposing Popery.
And that these Distinctions may appear to be neither trivial nor meerly Notional, it will be necessary to give Instances of these several Factions, in the late Irish Wars; and first there was an Army of all meer Irish (not an English Papist among them) commanded by the Bishop of Clogher, and another of meer English (all Papists) under General Preston. And secondly, There was an Army of Old English and Irish, under the Lords Mountgarrat, Taaf, &c. and an Army of New English, commanded by the Earls of Ormond, Insiquin, &c. And thirdly, there was an Army of Papists under the Nuntio, and an Army of Protestants, commanded by the Marquess of Ormond.
But how stand these great Differences at this Day? Why truly worse than ever, for as to the first, Whereas the Old English were heretofore on the British side in all National Quarrels, they are now so infatuated and degenerated, that they do not only take part with the Irish, but call themselves Natives, in distinction from the New English; against whom they are (at present) as inveterate as the Original Irish, though perhaps Time may open their Eyes and rectifie that [Page] Error. And as to the Second, whereas at Queen Elizabeth's Death the Protestants had not above a fourth part of the Kingdom; the Escheats in Ulster, in King James his time, and the Act of Settlement since, has given them two fourths more, so that now they have three Quarters of the whole, and thereby more Irish are disobliged than were formerly; and their Loss is greater, and consequently their Interest to regain it is larger and more pressing than it was in former Times. As to the third (viz. Religion) it's certain, the Papists were never so enraged at the Northern Pestilent Heresie as of late they have been; and the Folly, Insolence and Cruelty of these last seven Years, has justly rendred Popery more odious than ever to the Protestants.
But was there no way to secure Ireland without Sanguinary Laws and Inhuman Persecutions? Yes sure, if People would in time have set themselves to repair the State of Ireland, as the Jews under Nehemiah did to re-edifie the Walls of Jerusalem, viz. every one build over against his own House, the Matter had been easily and quietly accomplished, for the formidable Bulk of Irish Papists were, for the most part, Servants or Tenants to Protestants, and of their breeding up; and if the English would have sacrificed a little sordid Profit to the Publick Good, and have countenanced and indulged Protestant Servants and Tenants instead of Papists, a very few Years would have put themselves and their Religion out of Danger: But at this Day the Provocations are carried so high, and the Irish have abused the English to that degree of Barbarity and Ingratitude, that it will be hard to perswade the Protestants to trust them again, or to live neighbourly with the many more.
[Page] Nevertheless, since Extirpations are Cruelty in the Abstract, and odious to Human Nature, there must be a Method found out to preserve the Bulk of that People, and make them serviceable to the Government; which will not be practicable, unless first the Raporees are severely corrected for their past Enormities▪ and afterwards strictly kept in Obedience. And perhaps it may be very useful both to the Reduction and Settlement of Ireland, to make a Difference between those Papists that are of English Extraction & those that are not; for although at this Day they would laugh at the Distinction, yet upon the first considerable Baffle they meet with, they will certainly leap at the Qualification.
In the mean time it may be demanded, How it comes to pass that the Papists in three Years have more weakned the Protestants of Ireland in Quantity, Quality and Estate, in a time of Peace, and the Law on their side, than the Protestants could weaken them in forty times that space? But the Answer is easie, That the Protestants are obliged to Rules of Charity and Forms of Justice, which whether others observe or not will be manifest by what they have done; for whereas it is most consonant to Reason, Law and the Polity of that Kingdom, that the small Colony of British, in a conquered Country, should be protected against the numerous Natives by an Army of their own Nation and Religion, and so has it been practised for five hundred Years, and ought rather to be now, because a Protestant Parliament gave a great yearly Revenue to that very End, most part of which was also paid by Protestants: Yet have we seen all this Reason, Law and Polity subverted, and that Army disbanded with Circumstances as bad as the Fact, and Enemies introduced to guard us against themselves, [Page] and Mountaneers garrisoned within those Walls, that were purposely built to keep them out.
And whereas the Force of the Common Law is resolved into Tryals by Jury; was it not a subversion of the Common Law, in a Country where Perjury is so frequent, that Irish Evidence is become proverbially scandalous, to make Judge, Sheriff, Jury, Witnesses and Party all of a sort, what Justice a Protestant could expect in such a Case, may appear by those notorious Murders and other great Crimes that have passed unpunished: And by those many hundreds of Protestants, who without Colour, or Circumstance of Truth, have been impeached for Treason, Seditious Words, Night-walking or Vnlawful Assemblies, &c.
And as if all this was not enough, unless they entailed these Miseries upon the Protestants, and even legitimated them by Act of Parliament, they have in order to that, seized upon all Corporations, and dissolved them, on forged or frivolous Pretences, in so precipitate a manner, that they did not allow competent time to draw, much less to review the Pleadings; they reversed the Outlaries of the Popish Lords, and projected to call their eldest Sons by Writ, and so made themselves sure of both Houses of an Irish Parliament.
But alass, these Complaints are drowned in greater, and the Insolence and Barbarity of the Raporees is not to be expressed; it was tolerable whilst the Protestants suffered under Pretence or Forms of Law, but when these Wolves were let loose, the English were plundered of all they had at Noon Day, in the face of the Sun, in Times of Peace, and without Provocation; and (which was a greater Aggravation of this Crime) it was done in many Places by the Servants and Tenants they had kept from starving, and the [Page] Neighbours they had most obliged; so that the Protestants of Ireland are entirely ruined by an ungrateful People themselves had cherished and supported. But to proceed.
I have been curious to give the Vice-Roys of Ireland their proper Titles, and yet I am not sure that I am always exact, nor is it of any great Importance whether I am or no, since their Power is measured by their Commission, and not by their Denomination.
And although I have gathered many Materials towards a Second Part, yet it will be some time before I can publish it, because I shall expect that those generous Persons, that have collected any curious Observations of the Later Times, will either communicate them to me, or command mine; which I will readily part with to any Body that will undertake that Province, it being indifferent to me, so the thing be done, whether it be performed by mending mine or beginning a new Work.
AN APPARATUS: OR Introductory Discourse TO THE HISTORY of IRELAND, CONCERNING The State of that Kingdom before the Conquest thereof by the English.
IRELAND is an Island seated in the Vergivian Sea, on the western Side of Great Britain, next to which it is the biggest Island in Europe; it extends from North to South about three hundred English Miles in length, and it is one hundred and eighty of the same Miles broad, from East to West, in some Places more, in some less; it contains above ten Millions and a half of Plantation (which is near seventeen Millions of English) Acres of Land, so that it is four time as big as Palestine, and holds Proportion with England and Wales as 17 to 30.
The Country is not at all inferior to England for Number or Goodness of Harbours, Fertility of Soyl, Plenty of Fish, both in the Fresh and Salt Water, Fowle, Wild and Tame, and all Sorts of Flesh, Corn and Grain, and every thing else necessary for the Life of Man, saving that in some of these England has got an [Page] Advantage by Improvement and good Husbandry: The Irish Rivers are both more numerous and more Clear; the Shenin is bigber than the Thames, and might be made Navigable almost two hundred Miles; the Air indeed of England is more serene, and consequently more hot in Summer, and more cold in Winter; nevertheless, that Ireland is the healthier Country, may be argued from hence, That seldom any Pestilential Disease rages there, and no part of that Kingdom is so unhealthy as the Fenns of Huntington, Lincoln and Cambridge Shires, the Hundreds of Essex, or the Wild of Kent; and it may be expected, That as the Bogs are drained and the Country grows Populous, the Irish Air will meliorate, since it is already brought to that Pass, That Fluxes and Dissenteries (which are the Country Diseases) are neither so ri [...]e nor so mortal as they have been heretofore.
Things most observable of that Country are, That nothing venomous will live in it; there are Spiders, but not poysonous. Ireland breeds the largest Grey-hound in the World, they are called Wolf-Dogs, and will dwindle and grow much smaller in two or three Generations in any other Country. The Irish Hawk is reputed the best in Europe; and the Irish Hobbies or ambling Nags can hardly be matched; nor do any Seas abound with Pilchards more than the Southern Irish Sea; it is very rare to have an Earthquake in Ireland, and when it happens it is portentuous; there are a thousand Lies reported of wonderful things in Ireland, but the only extraordinary thing I can aver true, is the strange Quality of Logh ne [...]gh, that turns Wood into Stone, [Page] and I my self have seen a Stick taken out of that Logh, whereof half remained Wood, and the other half was petrified.
Who were the Aborigines or first Inhabitants of Ireland, it were in vain to guess, for the Irish Historians are of no Credit in this Matter, the very Truths they write do not oblige our Belief, because they are so intermixt with Impossible Stories and Impertinent Tales, that it is exceeding difficult to distinguish which is the History and which the Fable; and Sir James Ware gives the true Reason of this Imperfection, Quia Opera sunt posterior' seculorum: And that you may not say, That this is but one Doctor's Opinion, I will call in Mr. Stanihurst, who pag. 55. assures the Reader, That in the Irish Histories, Nil certis authoribus comperiet a quibus instructior esse queat. Another tells us, That the Irish Histories are fraught with Lewd Lies and idle Genealogies, & quicquid Graecia Mendax audet in Historia. Cambrensis informs us, That the Irish Histories were, diffuse, inordinate, magnaque ex parte, & frivole rude quoque & agresto stylo congestae. Holingshead affirms, That when he came to consider the Irish Histories, he found himself so unprovided to set down any particular Discourse of Ireland, that he was in Despair to write any thing at all concerning it.Ware's Annals, 20. Sir James Ware asserts, That they were either fabulosae or fabulis mixtae. Vsher's Religion of the antient Irish, 92. Sullevan, f. 1 And even Philip O Sullevan himself (of whom Primate Vsher gives this true Testimony, That he was as egregious a Lyar as any in Christendom) confesses, That the Irish Affairs were caligine altissima mersae, & a nemine satis Latino Sermone celebratae. Polibius affirms, That the Regions North of Narbon were [Page] utterly unknown, and what is reported of them is but a Dream; and indeed it is probable, that nothing beyond Hercules Pillars was known to that Age: But if after all this, any Body be so obstinate as to dispute this Point, I desire him to read Doctor Keating's History of Ireland; and if that does not convince him, nothing can: But if we may be permitted to guess at things so obscure, I should think, That the World was inhabited by degrees, and from the adjacent Countries, Asia peopled Graece, Graece Italy, Italy France, and France England; and therefore it is rational to believe, That England peopled Ireland, 4 Inst. 349. being the nearest Country to it, especially in those Days when the Art of Navigation was so little understood, that Fleets neither did nor could transport a Colony sufficient to plant that Island from any Country more remote, their Custom being to sail only by the Shoar, and so coast it along;Verstegan, 36. which made Hiram three Years in his Voyage: Some Welsh Words in the Irish Language, and some Customs used among the Britons, particularly the Bards and Druids, and many other Circumstances do enforce this Argument: And besides these Britons, the Belgae & Danonii (Inhabitants of the west of England, being Conquered by Vespasian) fled into Ireland, Suetonius, c. 4. and setled there; which gave occasion to the fruitful Fancies of the Irish Historians to forge all those ridiculous Stories which they have published of the Firbolgs and Tuah-de-danans. Perhaps some Spaniards and more Gauls, ay, and some of other Nations, Danes, Norwegians, Oastmen, &c. might, in small Numbers, by Accident or Design settle themselves in Ireland; [Page] and therefore the Irish being a mixt People might be called Scots, i. e. acerva, Divi Britaniei. (a Heap) implying, That as a Heap consisted of many Grains, so the Inhabitants of Ireland were compounded of many Nations. But however that be, 'tis certain, That most of the Original Inhabitants of Ireland came out of Britain; so says Mr. Flaherty in his Ogigia, pag. 12,Cambden, 2, 120, 124. and 171. Cambden is of the same Opinion, and Ireland was anciently called a British Island by Dionisius Afer, Pliny, Catulus and Polibius, &c. It is certain the Religion and Manners of the Irish and Britons did not differ much, Cambden 11. And their Language did very much agree.Ib. 121. The Irish use the Saxon Character to this Day, and their use of Bows and Arrows,Spencer, 35. Bolyes,Ib. 36. Mantles andIbid. 41. Glibbs are all derived from the Britons, and so are the Bards and Druids aforesaid; their Custom of Gavelkind was British in the Original,Ware de antiq. 10. and the Brigantes of Ireland are undoubtedly the Progeny of the Brigantes of England.
As for the Irish Language, how much soever some of the Bardes do brag, That it is a Pure and Original one; yet it is so far from that, that it is the most compound Language in the World, (the English only excepted) it borrows from the Spanish Com estato, i. e. how do you, &c. from the Saxon the Words Rath and (Doon, i. e. Hill) and many more: From the Danish many Words; from the Welsh almost half their Language:Hanmer, 11, 12. Doctor Hanmer gives us a Catalogue of Words common to both Nations; to which may be added, Inis, Glas, Caashe, Glin, Yerla, Droum, &c. From Latine they derive all their Numeral Words, [Page] unus hene, duo dwo, tres three, quatuor cahir, quinque quooge, sex she, septem shoct, octo [...]oct, novem ne, decem degh; and they reckon as the Latines do, one teen, two teen, undecem henedeag, duodecem dwodeag, and not as the Englsh do, eleven and twelve: The Words sal, arigut, cabul, aun, aunum, corp, mel, lowre, scribnor [...], ore, &c. are meer Latin; the Days of the Week are also meer Latin, dy Downig dies Dominicus, dy Lune dies Lunae; so dy Mart dies Martis, and dy Saturn dies Saturni. All things that were not in use among them formerly are meer English Words, as cotah, dubelete, hatta, papere, [...]otis [...]y, breesty, and abundance more. Holingshead f. 13, makes too satyrical an Observation, That there is no Irish Word for Knave; but I will conclude this Paragraph with this Remark, That Vlster has the right Phrase, but not the Pronunciation, Munster has the Pronunciation but not the Phrase, Leinster has neither, but Connaught has both.
As for the Government of Ireland, it is not to be doubted but it was governed by Kings, but they were such as the Indian Kings in Virginia, or the Lords of Mannors in England, King of Ophaiy, King of Limerick, King of Cork, Prince of Carbry, Prince of Colly, Prince of Inisowen, &c. The Monarch himself had but what he could catch, and was rather Dux Ducum or Dux Belli, than a King: It would be ridiculous to search for the Bounds of their Territories, which were every Day altered by Force, so that every Principality was enlarged or diminished according to the Power and Fortune of him that held it: These Kings or Monarchs were neither Anointed nor Crowned, nor inaugurated by any Ceremony; they [Page] did not succeed either by Descent or Election, but by pure Force, so that the Title of most of them is founded on the Murther of his Predecessor; hereupon the Irish Procurator General P. W. is forced to confess,Prospect, 75. That never any Nation upon Earth anneered the Milesian Irish in the most Unnatural, Bloody, Everlasting, Destructive Fewds that have been heard of: Fewds (says he) so prodigiously Bloody, that as they were first founded, so they still increased and continued in Blood, from the Foundation of the Monarchy, in the Blood of Heber, to the Murder of the penultimate Monarch Muirehiortah Mac Neil; Fewds continued with the greatest Pride, most hellish Ambition and cruellest Desires of Revenge, and followed with the most horrible Injustices, Oppressions, Extortions, Rapines, Desolations, Perfidiousness, Treasons, Rebellions, Conspiracies, Treacheries and Murders, for almost two thousand Years. He proceeds and says,Ibid. 76. That we never read of any other People in the World so implacably, so furiously, so eternally set upon the Destruction of one another; he tells you of six hundred Battles fought cruelly and unnaturally by Men of the same Country, Language Lineage, and Religious Rites, tearing out the Lives of one another for Dominion or Revenge; and that one hundred and eighteen Irish Monarchs were slaughter'd by their own Subjects, whereof ninety four were murdered, and of them eighty six were succeeded by the Regicides, among which he finds one Brother and one Son; if this be so,Prosper con. Collat. c. 41. Prosper had good Reason to call Ireland, The Barbarous Island; and the Irish have as much Reason to thank God and the [Page] English, for a more Civil and Regular Government exercised over them.
Nor were their Laws better than their Governours, it was no written Law, no, digested or well-compiled Rule of Right; no it was only the Will of the Brehon or the Lord. They pretended to certain Traditions or Customs, which they wrested and Interpreted (as they do Traditions in Religion) to by-Ends, and to serve a turn. The manner of deciding Controversies was equally ridiculous with the Law they judged by,Ware de antiq. 42. for the Brehon used to sit on a Sod, or Turf, or a Heap of Stones, on the top of a Hill or rather a Mountain, without Canopy or Covering, and without Clerks, Registers or Records, or indeed any Formality of a Court of Judicature. Every Lord had one of these Arbitrary Brehons, who to be sure took Care not to disoblige his Patron; the greatest Crimes (as Murder and Rape) were not punished otherwise than by Fine, whereof the Brehon had the eleventh Part for his Fees, and Robbery and Theft were not counted Offences at all, if done to any Body but their Lords own Followers: They reckoned all such Stealths to be clear Gain, and built Castles on Isthmus's and other inaccessable Places, purposely to secure such Prey and Plunder as they could get, and he was esteemed the bravest Man that was most dextrous at this Sport of Plundering and Cow-Stealing. Nor is this thievish Spirit yet banished that Nation, nor perhaps never will be as long as there is a Raporee in it.
Among their Laws may be reckoned the Customs of Tanistry and Gavelkind; Tanistry was a barbarous Custom, which (like [Page] Alexander's Will) gave the Inheritance to the Strongest; for though the Custom be pleaded to be (seniori & digniori puero) yet 'tis certain, Seniority was little regarded, but for the presumption that it was accompanied with Experience and Policy; and therefore when it was divested of those Circumstances, the younger Brother proved the better Man; this Custom was the occasion of many Murders, and of frequent Civil Wars in almost every Family; and so keeping the Succession uncertain,Davis Reports, Case de Tanistry. and the Possession precarious, it was the greatest Hindrance of Improvement that could be, and therefore was justly abolished by Judgment in the King's-Bench in Ireland, in Hillary Term, 3 Jacobi 1.
This Custom was founded upon the Necessity of those Times when Ireland was very ill governed, and every petty Lord and Power of Peace and War; for if a Child or Woman should then possess a Seigniory, it would certainly be exposed to the Rapine and Incursions of its circumjacent Neighbours. And it was this Custom of Tanistry which made the Irish seek to be Popular; and to that end were Hospitable even to Profuseness, and above all things coveted an outward Appearance, thereby to attract the Admiration of the Vulgar, and increase the number of their Followers and Abettors.
Gavelkind was yet a more silly Custom than the other;Davis Reports. and it was, That when any one died, all the Possessions of the whole Family were to be put together (or in Hotch-pot) and to be anew divided among the Survivors, by the Caunfinny or Head of the Family, who admitted Bastards, but excluded Daughters [Page] and Wives; so that it differed from Kentish Gavelkind in five Particulars, 1. The Kentish Gavelkind admitted only the next of Kin, as Sons, Brothers, &c. but the Irish admitted the whole Race or Sept. 2. The Kentish Custom excluded Bastards. 3. It allowed Wives Dower. 4. It suffered Daughters to inherit for want of Males. 5. It divested no Man's Freehold during his Life; whereas the Irish Gavelkind deprived the Party of his Freehold upon every new Division: And this is the true Reason why the Irish, though never so Poor, will not learn Trades nor turn Mechanicks, because it degrades them from their Gentility: And the Caufinny would scorn to admit such a one to any share of the Estate, since he had as it were abdicated his Family by doing a thing beneath a Gentleman. Moreover this uncertainty of their Possession hindred Improvement, encouraged to Rebellions and Felonies, and therefore was also abolished by Judgment of the King's Bench, 3 Jacob. 1.
But it is observable, as their Brehons had their Offices by Descent and Inheritance, so also had their Physitians, Bards, Harpers, Poets and Historians; and therefore since ex quovis Ligno non fit Mercurius: We may be sure, That some of these Hereditary Judges and Doctors were but very sad Tools, and perhaps all of them will justly fall under Suspicion, unless their Advocates can shew some Ancient, Learned Tracts in Law or Physick that might remain as Monuments on Record, That at least some of them were learned in their Professions.
[Page] Nevertheless, it must not be denied, but that there was a time when many Learned Men were by Persecution driven out of their own Countries and flocked into Ireland, so that Ireland seemed to be a Mart of Learning, and was for a short time frequented on that account, no less than Athens heretofore; and if we believe our Authors, there were seven thousand Students at Armagh at one time, and vast Numbers besides at Ross, Carbry, Lismore and Clonard: But as this Learning was confined to the Religious Houses, so it declined with them; and as the Monks encreased in Superstition and Sloth, so they decreased in Learning and Knowledge; and when the Doctors of other Nations had Liberty to return home, Ireland soon returned to its former Ignorance, so that long before the English Conquest, there were hardly any Footsteps of Learning left in that Kingdom; and to this Day, very few of the Irish aim at any more than a little Latin, which every Cow-Boy pretends to, and a smattering in Logick, which very few of them know the use of.
As for the Riches of the Irish Nation before the Conquest, certainly they were very inconsiderable, for tho Sir James Ware mentions, That they had a Crown of Gold, and Jewels, and Gold Rings; which may be True, (though I doubt it, because the Irish Kings were never crowned) but however that be, it is certain their Wealth consisted in Cattle, and those none of the best, insomuch that even since the Conquest they paid the King's Revenue in Cows for want of Money; and yet it may be true that they might have some Money (tho' very little) brought in by the Oestmen; but it [Page] is certain they never coyned any themselves; And indeed it is impossible they should be Rich, since they had little or no Traffick with any other Nation, neither had they any Artificers at home that could support a Trade abroad: Perhaps they had but few other Kinds of Mechanicks except Weavers, Cotners, Taylors, Broge-makers and Smiths; Hats and Sadles came into use but of late; and the Irish Carpenters and Masons must not be mentioned,Davys, 155. since Sir John Davys assures us, That the Irish never did so good a thing as to build a City; and indeed it is manifest, That all the considerable Towns and Piles in the Kingdom were built by,Ware, 110. others and not by the Irish, Dublin, Co [...], Limerick, Wexford and Waterford were built by the Oestmen, and Galway was built by the English, and is inhabited by Englishmen only to this Day, viz. the Burks, Frenches, Bodkins, Lynches, Kerevans, &c. the Castles of Ardfinin, Nenagh, Lismore, Tybrack and Limerick, were built by King John; Castledermood, Castlederwagh, Kilkea and Leighlin by the Lacyes; Ferns, Sligo, Traly, Geshil, Adare, Askeaton by the Fitz-Giralds; the Grey-Friers at Leighlin, Ballymarter, Ardtully, Lixnaw and Macrome by the Carews; Philipstown and Mariburgh by Bellingham; Athenry by Birmingham; Green-castle, Castle carbry, Athassel, Carlingford, Castleconnel, Loghreagh and Portumny by the Burks; Kilkenny by Ranulph Earl of Chester; Castle of Kilkenny by the Earl of Ormond; Thomastown by Thomas Fitz-Antony; Ross and Caterlogh by Isabel Daughter of Strongbow; Carrigfergus was walled by Sir Henry Sydny, Lord Deputy; Castle Island in Kerry was built by Geofry de Marisco, as Tymoleague Castle was by Barret, and Trim by William Peppard; the Town [Page] and Castle of Roscomon, and the Towns of Clonmel, Youghal, Bandon, Londonderry, Coler [...]in, Kingsale, Carrik, Athy, &c. were likewise built by the English, and so were most of the Abbies and Cathedral Churches, as you may read at large in Sir James Ware's most excellent Treatise de antiquitatibus Hibernia.
The first Pile of Lime and Stone that ever was in Ireland was the Castle of Tuam, built anno. 1161 by Rotherick O Connor, the Monarch, and for the rarity called Castrum Mirificum, for when O Morgaire, Archbishop of Armagh, began to build a Church of Stone, such as he had seen beyond Sea, the Irish upbraided his Pride and despised the Novelty, and laught at his Folly, to undertake a Work so much beyond his Ability, unde tibi pauperi sumptus ad perficiendum (say they), but what need more be offered in this Matter, than that Taragh was the Seat of the Monarch, and the old Head of Kinsale was the Residence of Sovercy King of half Ireland; but neither Place has the Ruines of any thing like a Palace, nor is the old Head a situation fit for a private Gentleman, much less for a Prince. Their Building in those Days, even of their Castles, was no other than Turf or Watles plaistered over.Cambrensis, c. 11. Nor did Henry II find any thing better in Ireland, nor Artificers that could make better.
As for the Christian Religion, it was introduced into Ireland very early, and the Testimony of Prosper (That Paladius being ordained by Pope Celestine, was sent to the Scots believing in Christ) does manifest, That the Scots, i. e. Irish, did believe in Christ before Paladius came: Bishop of S. Asaph, 84, 85. And accordingly the Irish Tradition runs, That they had Churches formed under Bishops Kiaranus, Ailbeus, [Page] &c. before Paladius or S. Patrick; and that they founded Bishopricks too at Ossory, Lismore, Ardmore and Beckerin; however it must be allowed,Ibid. 51. That S. Patrick, who succeeded Palladius, was the Person that had the good Fortune to convert the Body of that Nation to Christianity, but he was so far from bringing them to Popery, that they owned no Jurisdiction the Pope had over them, but differed from the usage at Rome both in Tonsure and in celebrating the Feast of Easter, and were therefore counted Schismaticks by the Romanists; and although at this Day their Religion (as my Lord of Orrery words it) is something that pins them upon the Pope's Sleve, Lord Orrery's answer to P. W. yet in the beginning it was not so, but their Religion was pure and Orthodox.
And the Learned Primate Vsher has sufficiently proved,Vsher's Religion of the ancient Irish. That for Substance it was the same which the Protestants now pro [...]ss; and first he cites Sedulius and Claudius (both Irishmen) affirming in effect, That Scripture is the Rule of Faith; and he instances in the Successors of Columkille, and in Bishop Aidan, That they and their Company spent their time in searching the Scriptures; he quotes the Testimony of S. Chrisostome and Bede, That they had the Scripture in their Mother-Tongue; and he gives you the Opinion of S. Patrick, That continual Meditation of Scripture adds Vigour and Vegetation to the Soul; and the Saying of Columbus, sint tibi divitiae divinae dogmata legis; by the Example of Furseus, Kilianus and Bitihildis he proves, That Children and Women did study the Scriptures; and he produces many Instances wherein Sedulius and S. Patrick differed from the Rhemish Translation and the Vulgar Latin; and shews, That [Page] all preferred the Original before any Translation whatsoever. As for Apocrypha, though it was often cited by them with Reverence and Respect, such as was given to the Writings of the Fathers and other good Men, yet since they also cited the fourth Book of Esdras in the same manner (which the Romanists deny to be Canonical) it will follow that this Argument proves nothing, or proves too much. But to make the Matter more clear, he cites Marianus Scotus (born in Ireland 1028.) and the Author of the Book de Mirabilibus Scripturae, (who was also an Irishman) and they do expresly exclude out of the Canon of Scripture those Books we call Apocrypha.
In the next Chapter the Primate quotes Sedulius and Claudius for the Protestant Doctrines about Free-Will, Predestination and Justification; and illustrates the Doctrine of Justification by this plain Simile, viz. As the Eye only sees, yet if separated from the Body cannot see, so Faith alone justifies, yet if it be alone (that is, if it be separated from good Works) it cannot justifie, because saving Faith is always a fruitful Faith; he shews that S. Patrick and Paladius opposed and confuted the Errors of Pelagius and Celestius about the Grace of God, and both Claudius and Sedulius affirmed, That no Man is without Sin, except the Man Christ Jesus, and that there is no Perfection in this Life, and whatsoever Men have from God is of Grace, because they have nothing of due.
The third Chapter treats of Purgatory and Prayer for the Dead; and first he shews the Cheat of S. Patrick's Purgatory, which that good Man never dream'd of, his Treatise de tribus habitaculis relates to Heaven, Earth and [Page] Hell▪ and has not the least mention of Purgatory, it was a later Invention of the Monks, and so firmly believed by their Votaries, that S. Caesarius a German Monk has the confidence to advise all those who doubt of Purgatory, to go to Ireland (to S. Patrick's Purgatory, in Loghdirge) and he shall be convinced: And Doctor Tyrry assures us, That it is famous over all Europe; but O Sullevan has gone farther,Sullevan, 23 and in his Catholick History of Ireland has given us the description of the Rooms and Furniture in this Purgatory, and the several sorts of Punishments inflicted there; and has acquainted us with the Methods of getting in and safely getting out again: But after all, this has proved the most fulfom Cheat that ever was imposed on Mankind, and being about the Year 1636 digged up, by the Order of the Lords Justices, this Purgatory was found to be a small Cave under Ground, where the Damps arising from the Earth, so influenced crazy Melancholy People, as to make them dream or fancy whatever they were beforehand told they should see.
But to proceed, the Primate quotes the Saying of Sedulius and the Canon of an ancient Irish Synod, That after this Life, either Life or Death succeedeth; and that Christ has loosed our Guilt and finished our Punishment: He shews the Forgery of a story on S. Brendan, inserted into the new English Legend, but not to be found in the Ancient Manuscript: He observes, That the Oblations made for the Dead, in former times, were Sacrifices of Thanksgiving and not of Propitiation, because they were made for such as they were confident were in Heaven, as for S. Brendon, &c. And he concludes with the Saying of Claudius and Colombanus, That [Page] when we come to the Judgment Seat, neither Job nor Daniel, nor Noah can intreat for any one, but every one must bear his own Burthen: To which I add the Saying ascribed by the Synod to S. Patrick, mentioned page 36. He who deserveth not to receive the Sacrifice in his Life, how can it help him after his Death?
In the fourth Chapter he cites Sedulius, telling us, That 'tis Impiety to adore any other but God, and reproving the Heathen for Simplicity, in thinking that the Invisible God would be worshipped by a Visible Image; to which Claudius adds, That God is not to be worshipped in Metal nor in Stone: And S. Patrick assures us, That no Creature is to be sworn by, but only the Creator.
And as for the Liturgy, there was no Uniformity therein; but several Forms of Divine Service were used in divers Parts of the Kingdom; that the Roman Use began to be introduced by the Pope's Legate in the twelfth Century, and was perfected by Christianus Bishop of Lismore, in the Synod of Cashel, and confirmed by Henry II, wherein it was ordered, That all Divine Offices of Holy Church, should thenceforward he handled in all Parts of Ireland, according as the Church of England did observe them.
The Word Mass is synonimous to Liturgy, and therefore used for Evening Prayer, but it commonly signifies the Sacrament, being the principle Part of Divine Service; and the Word Sacrifice did import then, what we understand by the Word Sacrament now, and might be either offered to God or given to the People, and not as the Mass is now, wherein the Priest doth all: He farther sheweth, that they received the Sacrament in both kinds, and instances Hildmer's Wife and S. Bridget, and her [Page] Companions, &c. and particularly that the Popish Legends mention, That one of S. Bridget's Miracles happened when she was about to drink out of the Chalice.
He shews, that the Holy Men of those Ages did use the Phrase of Scripture, and called the Sacrament the Body and Blood of our Saviour, because they thought the Impossibility and Unreasonableness of Transubstantiation, would secure Mankind from Mistake; for Christ being alive in Heaven cannot be corporally in the Sacrament, because he is there represented as Dead, and his Body Broken and his Blood Shed, and there is no such thing in rerum natura, for Christ being Raised from the Dead, dyeth no more, Rom. 6. 9. He quotes Sedulius and Claudius, Henry Crump and Johannes Scotus, distinguishing between the Sacrament and the Body of Christ that was crucified.
In Chap. 5 he proves by the Epistle of Lanfrank to King Ti [...]lagh, That the Irish did not use Chrism in Baptism, and by the Testimony of S. Bernard, That the Irish in his time did not understand or did neglect Confession, Confirmation and Marriage; he proves that Confession in former Times was Publick, and that Penance was but a Testimony of Penitence, and always preceded Absolution; and cites Claudius to prove, that Sacerdotal Absolution is declarative and ministerial, and not absolute; Sedulius calls Marriage a Gift, but not Spiritual, ergo 'tis no Sacrament; the Synod attributed to S. Patrick, prohibits the Incest of marrying a Brother's Wife (which was the Case of Henry VIII), and Kilianus suffered Martyrdom for dissolving such an Incestuous Marriage, by Gozbertus Duke of Franconia; [Page] and that Clemens Scotu [...] was condemned by the Council of Rome, anno 745, as a bringer in of Judaism among Christians, by maintaing such Incestuous Marriages, which Cambrensis says were common in Ireland; he proves by Sedulius and S. Patrick, That no Divorces were to be made, except for the Cause of Fornication, and that Coelibacy was so far from being enjoyned the Clergy, That S. Patrick's Father was Calphurnius a Deacon, and his Grandfather Potitus a Priest. There was Order taken in the Synod held by S. Patrick, Au [...]ilius and Isserninus, That the Wives of the Clergy should not walk abroad with their Heads uncovered; and Gildas reprehends the Clergy for corrupting their Children by evil Example; and he proves by the Epistle of Pope Innocent III, That the Sons and Grandsons did use to succeed their Fathers and Grandfathers in Ecclesiastical Benefices. To which I add▪ That this was so true in the See of Armagh, that they feared that Archbishoprick would be made hereditary; no less than ten married Men, and some of them not in Orders, succeeding each other in that See, from the Year 966 to the Year 1130, so that S. Bernard says, They were Episcopi but not Clerici.
The sixth Chapter shews, That Monks formerly lived by their Labour, and eat their own Bread; they thought Idleness a sin, whereas the later Monks and Fryers do rather extort than beg, since their Importunity is so great that no body can deny them, unless he cast away natural shame, as S. Richard of Dundalk affirmed, anno 1357, at the Synod of Avignion; as also that such voluntary Beggery is sinful▪ and was not known in the Church for the first 1200 Years.
[Page] He shews, That in Fasts they eat nothing at all till Evening, but did eat Eggs in Lent, and Sunday was always excepted from Fasting; and that it is infinitely more Christian to abstain from Vice than from Meats; and that the later is vain, if it be not in order to the former.
The seventh Chapter yields many Testimonies of Claudius, Sedulius, &c. That the Church contains the Tares and the Wheat, the Erroneous and the Orthodox; That the Church may be brought so low, that she will seem for a time, as if Christ had utterly forsaken her; that the Enemies of the Church shall be able to do many Jugling Miracles and Lying Wonders; Sedulius warns us against these seeming Miracles, such as Simon Magus his flying in the Air, and says, That the Faith having increased, Miracles were to cease, That Miracles are not a certain Sign of Grace, since many will say, That in Christ's name they have cast out Devils, &c. which yet are not of Christ, Matth. 7. 22. and that Miracles are not to be done in vain. As to the Papacy Sedulius assures us, By the Word Foundation is meant Christ, and that the Apostles (who sometime are intended by that Word) are nevertheless to be accounted the Ministers of Christ and not the Foundation, because, says Claudius, other Foundation can no Man lay besides that which is laid; which is Jesus Christ: Claudius interprets Christ to be the Rock, Matt. 16. 18. but allows Peter a Primacy over the Circumcision; and also avers the like Primacy in S. Paul over the Gentiles; and concludes, That one was not inferior to the other; he says, The Power of the Keys was given to all the Apostles, and so was the Holy Ghost, and that the Church was [Page] founded on S. John as well as S. Peter. S. Sachlin says, the Church was built as well on S. Patrick as on S. Peter, and that Christ chose him for his Vicar on Earth; Ardmagh is called the Apostolick City, the Bishop of Kildare is called Summus Pontifex, summus Sacerdos; the Bishop of Cahors in France is stiled Papa & Apostolicus; so that these Titles were not peculiar to the Pope in those Days, but were common to him and other Bishops, and promiscuously used to any of them.
Chap 8. he tells us, That though Palladius and S. Patrick did receive their Ordination at Rome, and probably▪ were sent thence to preach the Gospel (which Vincentius, l. 8. c. 7. tells us, was planted first in Ireland by S. James) yet they did not come as Emissaries or Agents from the Pope, to promote or establish his Jurisdiction there: Nor did their Success give the Pope any Authority in Ireland, any more than the Apostles that went from Jerusalem to propagate Christianity in other Countries, did thereby give Jurisdiction to the Bishops of Jerusalem over the Places or People they converted; or than the Irish Bishops Aidan and Finan did give their Successors, in Ireland, Jurisdiction over those Parts of Britain they converted; and in this Sense the Reader must understand the Word Emissary postea, pag. 2.
And in truth that Universal Dominion the Popes have since usurped, or at least challenged, was not then thought of, neither did the Popes for some Ages afterwards send any Legate or Deputy to exercise Jurisdiction in in Ireland; Gilbertus was the first of that sort that was sent, and he was contemporary with S. Bernard, in the twelfth Century; and therefore although Ireland so abounded with [Page] Holy Men, that it was called The Island of Saints, and also had several Archbishops, yet we hear neither of Pall nor Canonization till the same twelfth Century; and the Primate proves, They had Archbishops in Ireland before the use of the Pall was known there; and he shews, That Bishops were sometimes ordained by one Bishop alone; that S. Patrick ordained three hundred sixty and five Bishops, and three thousand Presbyters, and that the Number of Bishops so increased, that sometimes there were two or three in a Town, and some had no certain Diocess at all: Emely was appointed to be the Archiepiscopal See of Munster, and Fernes of Leinster; and S. Bernard testifies, That in his Time the Primate of Armagh did constitute another Archbishoprick (perhaps Tuam) subject to the Primacy; whereupon Primate Vsher infers, That the Church of Ireland had no dependance upon Rome at that time, since it managed Matters of such great Importance, without consulting the Papacy: He shews further, That in those Days the King, Clergy and People chose the Bishop, and the Pope did not put them in by Provision; and that the Bishops of Dublin, Waterford and Limerick (which Cities were inhabited by Oestmen) used to be consecrated by the Archbishop of Canterbury, and that the Walls and Diocess of Dublin were of equal extent; and that the first Bishop was Donatus, anno 1074: And afterward the People of Waterford erected a Bishoprick there.
I must not omit the Writ King Henry I. sent to the Archbishop of Canterbury, recited by the Primate, in haec verba,
[Page] HEnricus, Rex Angliae Radulpho Cantuariens. Archiepiscopo Salutem, Mandavit mihi Rex Hiberniae per breve suum & Burgenses Dubliniae, quod eligerunt hunc Gregorium Episcopum, & eum tibi mittunt consecrandum; unde tibi mando ut petitioni eorum satisfaciens ejus consecrationem sine dilatione expleas. Teste Ra [...]ulpho Cancelar. &c.
But as soon as the Palls were setled in Ireland this Correspondence with the Arcbishop of Canterbury determined.
As for the Quotation out of the Old Book of the Church of Armagh, That if any Cause be too hard for the Primacy, let it be referred to the See Apostolick, if it be not forged; yet it proves no more than that they had a great Regard to the Piety and Learning of the Bishops of Rome in those Days, but does not prove that they fancied an Infallibility in that Church.
On the contrary, the Irish rejected the Pope's Judgment as often as they thought they had Reason on their Side; particularly the Irish adhered to the Council of Chalcedon, against the fifth Synod, and the Pope's Determination, in condemning the tria capitula: It seems that Pope Gregory's Epistle to the Bishops of Iberia was directed to Spain, and not to Ireland; but 'tis no great matter which.
Chap. 9 and 10 shews, That the Irish differed from the Romans in the time of Celebrating the Feast of Easter, until the Southern Part conformed, in the Time of Pope Honorius the First, and the Northern about forty Years after; and that both sides pretended to Miracles and were sainted, particularly Bishop Aidan, Finan and S. Collumkille, all which opposed [Page] the Roman Usage in this Matter; this Party were called Quartodecimans, and were so abhorred by their Adversaries, that they reordained all that were consecrated by them, and sprinkled the Churches with exorcized Water, and rebaptized all that desired it; and it seems the others were as angry with them, and shunned their Company and Communion. He shews, That about the Year 843 the British See appealed to Constantinople for Instructions in this Matter; which City it seems was then counted as oraculous as Rome. But it seems to me, That the Pelagian Heresie, which raged over all Ireland as well as England, is a Proof beyond Reply, That the Irish did not believe or consult the Pope as an Infallible Oracle of Truth, because it is the highest contradiction that can be, (nay 'tis impossible) to believe a Man Infallible, and yet not to believe what he says.
Lastly, when he has refuted the Pope's Pretences to a Temporal Dominion in Ireland, and has asserted Polydore Virgil to be the Inventer of that Concession, pretended to be made by the Irish on their Conversion, (quod nota postea, pag. 2) he asserts, That Ireland is a very ancient Kingdom, and introduces the English Ambassador at the Council of Constance, speaking after this manner,
It is well known, That according to Albertus Magnus and Bartholomaeus, in his Book de Proprietatibus rerum, the whole World being divided into three Parts, viz. Asia, Africk and Europe, Europe is divided into four Kingdoms, namely, the Roman for the first, the Constantinopolitan for the second, the third the Kingdom of Ireland, which is translated unto the English, and the fourth the [Page] Kindgom of Spain. Whereby it appeareth; That the King of England and his Kingdom are of the more Eminent Ancient Kings and Kingdoms of Europe; which Prerogative the Kingdom of France is not said to obtain.
But whatever the Religion of the Irish was formerly, it is certain that at this Day it is rather a Custom than a Dogma, and is no more than Ignorant Superstition; not one in a hundred of the Common People know any thing of even the most essential Articles of the Creed; but having resigned their Faith to their Priest, they believe every silly Story he tells them; And as the Primate Vsher observes, tho they are slow of Heart to believe Saving Truth of God, delivered by the Prophets and Apostles; yet they with all greediness imbrace, and with a most strange kind of Credulity entertain those lying Legends wherewith their Monks and Fryers in these later Days have polluted the Religion, and Lives of our Antient Saints.
The Christian Names of the Irish are as in England, Hugh, Mahoone i. e. Matthew, Teige (i. e.) Tymothy, Dermond i. e. Jeremy, Cnoghor i. e. Cornelius, Cormuck i. e. Charles, Art i. e. Arthur, Donal i. e. Daniel, Goron i. e. Jeofry, Magheesh i. e. Moses; and their Sir-names, (which were assumed in the Time of Bryan Borah) are (as in Wales) taken from the Christian Name of the Ancestor, with an O (which is as much as ap in Welsh or de in Latin) or Mac (i. e. Fitz or Son) placed before it; so his Son was called O Bryan, and his Daughter Sarah being married to one Mahown, her Son was called Mac Mahown; so Carah Mac Seerbraghah was Father of the Mac Carahs or Mac Cartyes; but [Page] this Distinction is observed▪ That only the Chief of the Sept is called Mac Carty or O Bryan, or the like, and every other Person of the Family is called by his Christian Name, as Philip O Sullevan, Teige Mac Carthy, &c. but there is scarce one noted Man among them, but has some Nickname or other, as Moyle, Fune, Fadda, Lader, Buy, Buckah, Mauntah, &c.
The Habit of an Irishman was a Mantle and Trowses, and of an Irishwoman a Mantle and Petticoat, both had Broges something thinner than Pumps on their Feet, and the Man had a Cappeen and the Woman a Kercher on their Heads; their Shifts were died in Saffron to save washing, and contained 13 or 14 Yards of Cloath, so that a Law was made against that Extravagancy; These Mantles were like Cloaks, only instead of a Cape they had a vast quantity of Thrums or yarn-Fring, so that when the Mantle was put up close to the Nape of the Neck, (as they usually wore them) the Fring hung down near a foot long. Mr. Spencer, p. 37. gives too Satyrical a Character of this Garment, That it is a fit House for an Outlaw, a meet Bed for a Rebel, and an apt Cloak for a Thief.
The Irish Musick was either a Harp (which is the Arms of the Kingdom) and makes an excellent Sound if it be skilfully touched; or a Bagpipe, which is a squealing Engine, fit only for a Bear-Garden; nevertheless they are much used at Irish Burials to encrease the Noyse, and encourage the Women to Cry, and follow the Corps, for there is nothing coveted more by the Friends of the deceased, than to have abundance of Company at the Burial, and a great Cry for the Defunct; [Page] which they think argues, That he was a Person of Figure and Merit, and was well-beloved in his Country; therefore they bury their Dead with great Ululations or Allelews, after the Egyptian manner, and hire Women to encrease the Cry: And I my self have often seen strange Women come into the Crowd at a Funeral, and set up the Cry or Allagone for a Quarter of a Mile together, and then enquire of some of the Company, Who it is that is Dead? And hence arose the Proverb, To weep Irish, i. e. to cry without concern.
When I say, That the Irish rode Horses without Saddles; and afterwards, even to our own Days used Padds or Pillions without Stirrops, no Body must be so foolish to think, That this is a Disgrace to the Nation, since I affirm the same thing of the Ancient Britans, and that they also used many of the same Customs with the Irish, and some more barbarous than any of theirs; but what I aim at is to shew, That the Irish did continue in their Barbarity, Poverty and Ignorance until the English Conquest; and that all the Improvement themselves or their Country received, and their great difference between their Manners and Conditions now and then, is to be ascribed to the English Government, under which they have lived far happier than ever they did under the Tyranny of their own Lords.
Nor must any Body so interpret me as if I included all the Irish Gentry in the general Character of the Rudeness, Ignorance and Barbarity of that Nation, since many of them have in all Ages, and some to my own Knowledge, attained to great Perfections in Civility [Page] Arts and Arms; and I do avouch, that even the common sort are not only capable, but also very apt to learn any thing that is taught them, so that I do impute the Ignorance and Barbarity of the Irish meerly to their evil Customs, which are so exceeding bad,Davis, 150. that as Sir John Davys says, Whoever use them must needs be Rebels to all good Government, and destroy the Commonwealth wherein they live, and bring Barbarism and Desolation upon the Richest and most fruitful Land in the World.
But the Irish Capacities are not to be questioned at this Day, since they have managed their Affairs with that dexterity and Courage, that they have gotten the whole Kingdom of Ireland into their Possession; and by wheedling some and frightning others, they have expelled the Body of the English out of that Island: However, let us not be dismaid, for they are but the same People our Ancestors have so often triumphed over; and although they are not to be so contemned, but that we may expect they will make one good Effort for their Estates and Religion, yet we may still depend upon it, That their Nature is still the same, and not to be so changed, but that they will again vail their Bonnets to a victorious English Army.
AN EPITOME OF SR WILLIAM PETTY'S LARGE SURVEY OF IRELAND Divided into its 4 Provinces. & 32 Counties. and the Counties into Their Several Barronies. wherein are Distinguished ye Archbishopricks Bishopricks. Citty's. Places that Return Parliament Men. also the Roads. Bogs. and Bridges. By Phillip Lea At the Atlas and Hercules in Cheapside. near Fryday Street LONDON
The History of IRELAND From The Conquest Thereof By the ENGLISH to this Time By RICHARD COX. Esqr Printed For JOSEPH WATTS at ye Angell in St Pauls Church Yard
THE REIGN OF Henry Plantagenet (FITZ-EMPRESS) Conqueror and Lord of IRELAND.
HENRY, the Second of that Name, King of England, a Brave and Powerful Prince, ambitious of Glory, and the Enlargment of his Empire, cast his Eye upon Ireland, as a Country most easie to subdue, and of great Advantage to him, when conquered. There were not wanting some Learned Men, who affirmed, The King had very fair Pretences (if not good Title) to that Island;Speed, 472. for besides the Conquests which the Kings Arthur and Edgar had formerly made there,Spencer's view, 33. they alledged, That it was by Leave of the British King Gurgun [...]s, Campion, 26, 28. and under Stipulations of Tribute, that the Irish were first permitted to settle themselves in that Kingdom▪ Besides, the first Inhabitants of Ireland were Britains, and those People which the Irish Historians call Fir-bolg and Tuah de Danan; i. e. Vir Belgus, i. e. Populus Dannonius. were no other than the Belga and Dannonit, Ancient Inhabitants of England. To which might be added, That Bayon, from whence the Irish pretend to come,Lib. P. Lambeth. 153. was part of the Kings Dominion: So that either Way his Majesty was their natural Prince and Sovereign.
But however that were, yet the King had [...] cause of War against the Irish, because of the Pyracies and Outrages, [Page 2] they daily committed against his Subjects, and the barbarous Cruelties they exercised on the English, whensoever they fell into their Power, buying and selling them as Slaves, and using Turkish Tyranny over their Bodies,Speed, 473. so that the Irish themselves afterwards confessed, That it was just their Land should be transfer'd to the Nation they had so cruelly handled: Wherefore the King, as well to revenge those Injuries, as to recover that Kingdom, put on a Resolution to invade it.
But first it was necessary to consult the Pope in that Matter, because he pretended no less than three Titles to Ireland. First, the Universal Patent of Pasc [...] Oves, which by their Interpretation was Synonimous to Rege Mundum. Lib. P. Lambeth, 48. Secondly, the Donation of Constantine the Great, whereby the Holy See was entituled to all the Islands of the Ocean. Thirdly, The Concession of the Irish, Ibid. 154. on their Conversion to Christianity, by which they granted the Temporal Dominion of their Country unto S. Peter's Chair.
And tho' the Answers to these Frivolous Pretences were easie and obvious: viz. to the First, That whatsoever Spiritual Jurisdiction was given by those Words, yet our Saviour's Kingdom not being of this World, it is certain no Temporal Dominion is granted thereby. And to the Second, That Constantine had never any Right or Possession in Ireland, and therefore could not give to another, what he had not himself. And to the Third, That the Allegation is false, and the Popes had never any Temporal Dominion in Ireland, but the same remain'd under their own Native Kings and Monarchs. But this Forgery is yet more manifest, Because the Irish were not converted by any Emissaries from Rome, as appears by the Ancient Difference between the Churches of Ireland and Rome, in some Baptismal Rites, and the Time of celebrating the Feast of Easter.
Nevertheless, the Pope's Licence, in those Superstitious Times, would create Reputation, especially with the Clergy, and his Benediction would (as they fancied) facilitate their Success; and therefore it was thought fit, That the King should send his Embassador, John Salisbury, to the Pope,1156. Sullevan, 59. who was by Birth an Englishman, and by Name Adrian IV.
And how fond soever the Holy See doth now pretend to be of Ireland, since the English Government and Industry have rendred it considerable, 'tis certain the Pope so little regarded it at that time, when he received but small Obedience and less Profit from it, that he was easily prevailed with to issue the following Bull.
[Page 3] ADrian the Bishop,Hanmer, 107. the Servant of the Servants of God, to his most dear Son in Christ, the Noble King of England, sendeth greeting, and Apostolick Benediction: Your Magnificence hath been very careful and studious how you might enlarge the Church of God here in Earth, and encrease the Number of his Saints and Elect in Heaven; in that as a good Catholick King, you have and do, by all means, labour and travel to enlarge and increase God's Church, by teaching the Ignorant People the True and Christian Religion, and in abolishing and rooting up the Weeds of Sin and Wickedness. And wherein you have, and do crave, for your better Furtherance, the Help of the Apostolick See (wherein more speedily and discreetly you proceed) the better Success, we hope, God will send, for all they which of a fervent Zeal and Love in Religion, do begin and enterprize any such thing, shall, no doubt, in the End, have a Good and Prosperous Success. And as for Ireland, and all other Islands where Christ is known, and the Christian Religion received, it is out of all doubt, and your Excellency well knoweth, they do all appertain and belong to the Right of S. Peter, and of the Church of Rome; and we are so much the more ready, desirous and willing to sow the acceptable Seed of God's Word, because we know the same in the latter Day will be most severely required at our Hands, You have (our well-beloved Son in Christ) advertis'd and signified unto us, That you will enter into the Land and Realm of Ireland; to the end to bring them to Obedience unto Law, and under your Subjection, and to root out from among them their foul Sins and Wickedness; as also to yield and pay yearly out of every House, a yearly Pension of one Penny to S. Peter, and besides, also will defend and keep the Rites of those Churches whole and inviolate. [Page 4] We therefore well allowing and favouring this your godly Disposition, and commendable Affection, do accept, ratifie and Assent unto this your Petition; and do grant, That you (for the dilating of God's Church, the Punishment of Sin, the Reforming of Manners, planting of Virtue, and the increasing of Christian Religion) do enter to possess that Land, and there to execute according to your Wisdom, whatsoever shall be for the Honour of God, and the Safety of the Realm. And further also, we do strictly charge and require, That all the People of that Land do with all Humbleness, Dutifulness and Honour, receive and accept you as their Liege Lord and Sovereign, reserving and excepting the Right of Holy Church to be inviolably preserved; as also the yearly Pension of Peter-Pence, out of every House, which we require to be truly answered to S. Peter and to the Church of Rome. If therefore you do mind to bring your Godly Purpose to effect, endeavour to travail to reform the People to some better Order and Trade of Life, and that also by your self, and by such others as you shall think meet, true and honest in their Life, Manners and Conversation, to the end the Church of God may be beautified, the True Christian Religion sowed and planted, and all other things done, that by any means shall or may be to God's Honour, and Salvation of Men's Souls, whereby you may in the end receive of God's Hands the Reward of Everlasting Life; and also in the mean time, and in this Life, carry a Glorious Fame, and an Honourable Report among all Nations.
[Page 5] Together with this Bull the Pope sent King Henry a Gold-Ring, as a Token of Investiture, and somtime after a succeeding Pope (Alexander III) confirmed the former Grant by the following Breve.
ALexander the Bishop,Hanmer, 141. the Servant of the Servants of God, to his dearly beloved Son, the Noble King of England, greeting, Grace and Apostolick Benediction: Forasmuch as things given and granted, upon good Reason, by our Predecessors, are to be well allowed of, ratified and confirmed; we well considering and pondering the Grant and Priviledge for and concerning the Dominion of the Land of Ireland, to Ʋs appertaining, and lately given by Adrian our Predecessor; We following his Steps, do in like manner Confirm, Ratifie and Allow the same, reserving and saving to S. Peter, and to the Church of Rome, the yearly Pension of one Peny out of every House, as well in England as in Ireland; provided also, that the Barbarous People of Ireland by your means be Reformed, and Recovered from that filthy Life and abominable Conversation; that as in Name, so in Life and Manners they may be Christians; and that as that Rude and Disordered Church, being by you reformed, the whole Nation may also with the Profession of the Name, be in Acts and Deeds Followers of the same.
But saith Rossus of Warwick (and he was no Protestant) The King of England is not bound to rely on the Pope's Grant for Ireland, Speed, 472. nor yet to pay that Tax, because he had a Precedent Claim to that Kingdom, by hereditary Right.
Others object against these Bulls in another manner, and particularly Philip O Sullevan, who says, They are void for many Reasons. First, Because they were obtained on false Suggestions, and the Infallible Popes were deceived in their Grants. Secondly, That Regal or Sovereign Power is not granted by them; but only that the Kings of England should be Lieutenants or Deputies to the Pope, and Collectors of his Peter-Pence. Thirdly, That they were on a twofold Condition [Page 6] of paying Tribute and converting the People, which not being performed, the Bulls are void. But because it is scarce credible that any Subject should be so Malicious against his Prince, you shall have it in his own Words.
Rex hoc Decretum impetravit falsa Narrans, ut ex ipso Decreto ego colligo (pag. 59.) Non Dominum Hiberniae, sed Praefectum causa colligendi Tributi Ecclesiastici (pag. 59. b.) And again, (pag. 60.) Non ut Rex aut Dominus Hiberniae, sed ut a Pontifice Praefectus (sic ego accepi) ut Exactor & Collector Pecun [...]ae quae ad Sedem Apostolicam pertinebat; & pag. 61. Ac mihi quidem rem totam sollicita Mentis acie contemplanti nihil Juris esse penes Anglos videtur. For besides (says he) their Title was founded in Adultery (meaning Dermond Mac Morough's) they have exercised Fraud and Cruelty against the Catholicks that entertained them kindly, and the very Temples have not escaped them. Hinc igitur nemo ignorabit, Hiberniam non Jure sed Injuria & Narratione minime vera, Sullevan, 61. fuisse ab Anglis primo obtenta, pag. 61. b. Nor can any Body believe (says he) that the Pope ever design'd so great an Injustice, as to deprive the Irish Kings of their Birth-right,Ibid. 62. and give it to Strangers. And then he tells us, That Laurence O Toole Archbishop of Dublin, did obtain of the Pope a Bull to deprive the English King of his Government in Ireland, but he dyed in his Return, (in France) and is since canonized.
But (says he) supposing the Popes Grant at first were good, yet 'tis forfeited by Breach of Condition, since the English did neither propogate Religion, nor pay the Peter-Pence. Postea omni Jure plane exciderunt Conditiones a Papa dictas constitutas (que) transgressi: Nam Pensionem Divi Petri, de medio sustulerunt, & nullam certam Religionem, nullam firmam Fidem habent; pro Deo Ventrem, Voluntatem & Libidinem colunt.
By this, and the Approbation, this Scandalous and Lying Treatise met with in Spain, and the Repetition of the same things by divers others in their bitter Libels, on the English People and Government, and particularly by the Author of Analecta Hiberniae, it is manifest that there are some Enemies of the Crown of England, so malicious and unjust, that they would make use of the most frivolous Pretences in the World, to wrest the Kingdom of Ireland from the Dominion of the English Kings: But as God Almighty has hitherto, (even many times to a Miracle) protected the British Interest in Ireland, so I doubt not, (unless we are wanting to our own Preservation) but that he will continue that Noble Island under the Jurisdiction of the Crown of England for ever.
[Page 7] In the mean time, though we lay no stress on the Popes Bulls, yet because they are Argumenta ad Hominem, and if valid, are a good Title against Mr. Sullevan and his Abettors, I will therefore endeavour to Rescue them from his Objections.
And as to the first, though misinformation or false Suggestion, may avoid the Grant of a Prince to his Subjects, yet that Rule does not hold between Princes, else all Contracts, Leagues and Treaties in the World would be avoided on slight Pretences of being misinformed in one Point or other. Besides, the Pope, Alexander III. after some Years Experience, and full information of the English Conduct and Proceedings, in Ireland, gave a new Bull of Confirmation as aforesaid:Hanmer, 141. And (says the Book of Houth) he besought the Devil to take all those that gainsaid the Kings Title to Ireland; but after all, the Suggestions were no other but that the Country was Barbarous, and needed Reformation, which was so true, that the Irish Historians themselves do frequently confess it.
As to the Second, the very Bull mentions, That the King shall be their Liege Lord and Sovereign: And Henry II, was accordingly received as King by the Clergy, Nobility and People, and both he and his Successors had always the Title of Sovereign Lords, and did continually exercise and enjoy Monarchical Authority and Royal Jurisdiction in Ireland, Davi [...], 2. 4 Inst. 357. under the Name and Stile of Lords: And Ʋrban III, granted Power to the King to appoint which of his Sons he pleased King of Ireland.
Moreover Henry VIII, by all the Kingdom in Parliament, was acknowledged and declared King of Ireland. Which Pope Paul IV considering, he officiously erected Ireland into a Kingdom,Council of Trent, 367. and granted it to Queen Mary; that so it might seem as if she derived that Title from him or his Authority, which she had before by a better Right.
As to the Third, The Peter-Pence (which are but a sort of Proxies, propter Beati Petri visitationem, and must of Necessity determine with the Jurisdiction of the Visitor, which is long since banished out of his Majesties Dominions) are mentioned by way of Reservation, and not by way of Condition, and are to be paid by the People, and not by the King. And the Reformation of the Irish is proposed by way of Direction and Advice, and doth not make the Bull Conditional: Besides, Conversion is the effect of Grace, and the Act of God, for which no Man can undertake; and therefore such a Condition would be Impossible and Void. However, the English have heartily endeavoured to Reform that People, and to bring that Noble Country into a general Practice of [Page 8] True Religion and Civility, and though we do not boast much of our Success hitherto, yet now that it is likely better and more effectual Methods will be used than heretofore, we do not doubt but that they will produce suitable Effects.
But I have spent too much time about these paltry Bulls, and therefore I will leave them, and proceed to the solid and legal Titles, which the Crown of England hath to the Kingdom of Ireland; and the first is that of Descent from Eva, Daughter of Dermond Mac Morough, who was actually King of Leinster, and whose Ancestors were Monarchs of Ireland: The second is by lawful Conquest in a just War: The third is by many solemn Oaths, Compacts and Submissions of the Princes, Nobility, Gentry and People of Ireland: The fourth is, by several Statutes, and Acts of Recognition: And the last (which alone were sufficient) is, by above five hundred years Prescription.
But two Things are to be wondred at:Isti Reges non fuerunt ordinati solemnitate alicujus Ordinis, nec Ʋnctionis Sacramento, nec jure haereditario, vel aliqua prop [...]ietatis successione, sed vi & armis quilibet regnum suum obtinuit, Davis 16. First, That the Irish, who never observed the Right of Succession, but dethroned and succeeded one another by force, as they were able (sometimes the Posterity of Hiber, sometimes of Herimon, and sometimes the Issue of Ithy, getting into the Monarchy) should yet complain of Force in others; or that Rotherick O Connor, who drove Dermond out of Leinster, should think it unreasonable that Dermond should drive him out of Connaugh assoon as he could.
The Second is, That any body in Ireland should dispute the English Title to that Island, after they and their Ancestors for above five hundred years have been born and bred under the Allegiance of the Kings of England. But that which is most strange is,Burks, Butlers, Breminghams, Barryes, Roch, Condon, Power, Fitzgirald, &c. That four parts in five of the Inhabitants in Ireland are of English Extraction, and have setled there since the Conquest, and by vertue of it, and yet many of them are so blinded with an ignorant Zeal for Popery, that they have endeavoured to cut the Bough they stand on, and have Associated with Mr. Sullevan and his Complices, to destroy the English Government of Ireland, and have been frequently in Rebellions to that purpose, not without expressing Inveteracy against the English Name and Nation; and all for want of duly considering, that thereby they made way for their own Extirpation, since the old Irish (who say the Country was given them by God) would (if they had power) no more endure the first Conquerors than the last,Settlement & Sale of Ireland. nor allow the Title of the Fitzgiralds, the Butlers, and the Burks, any more than that of the Boyles, the Coots, or the Clotworthyes.
[Page 9] I must yet continue this Digression to give an Account of the Complaints that are made against the English Government of Ireland; and they are these:
First, That the English profan'd the Churches and Sacred Places; and instances Philip of Worcester, and Hugh Tyrrel, who took a Brass Pan from the Priests of Down; and Gerald Earl of Kildare, who burnt the Church of Cashel, and put it off with a Jest, That he would not have done it but that he thought the Archbishop was in it.
Secondly, That Offices of Profit, and Places of Trust were mostly given to Englishmen.
Thirdly, That they suffer none of the Potentates to sit in Parliament, but such as are qualified by the English Law, and therefore the Parliaments are void; Ʋnde deducitur omnia Parliamenta Regum Britannorum authoritate coacta in Hibernia deincepsque more pristino celebranda, prorsus inita, infirma, injusta & violenta esse, says my Author.
Fourthly, That Benefit of Law is not given but to the Quinque Sanguines; so that the Irish are as it were Outlaws in their own Countrey, and may be slain as Enemies.
Lastly, The Irish were perswaded to surrender their Estates on promise to re-grant them in a better and more legal Form; whereas really they were cheated, and the King reserved a Tenure to himself, and gave the Irishman only the Possessions and Profits.
And for these and other Injuries, says Mr. Sullevan, pag. 61. the English Kings could never enjoy Ireland quietly, but were disturbed with many, and almost continual Rebellions.
Little did this Objector think that his Conclusion had destroyed three of his Objections; for if the Irish were in almost continual Rebellions, as he says, and is true, how could he expect they should enjoy Offices, sit in Parliaments, or have Benefit of the Kings Laws? But the weakness of these Objections will yet more plainly appear by the following Answers.
To the First, the Instances are few; and it is bad Logick to draw general Consequences from the Actions of two or three particular Men, especially such as so bitterly reflect on a Government or Nation; besides, all these three were Papists, and their Sacrilege does not concern the Protestant Government of Ireland; which is what Mr. Sullevan design'd to asperse.
To the Second; If this Author had consulted the Ecclesiastical Catalogue, he would have found that the Natives had more than their share of Bishopricks and Arch-Bishopricks, and that to the ruine of most of the Sees, and in the [Page 10] Military List he might have found the Baron of Dungannon, Neal, Garuff, Macguire, O Connor, and many more who had Pay or Pension; and yet it is so far from being criminal, to prefer the Colony before the Native to Offices of Trust and Profit in a conquered Country, that it is a necessary Duty to do it, Ne Victi Victoribus Legem darent; at most, this Partiality is but in matters of Favour, so that there is no wrong, and 'tis founded on good Law and sound Policy. But what would this Objecter and his Companions say, if they should see a Popish Governor in Ireland, against all Law and Policy, to make it criminal to be an Englishman, and a cause of deprivation to profess the Religion by Law established?
To the Third; Several of the Irish Potentates did sit in former Parliaments, and particularly in the Parliaments of the 8th. of Edw. 2. O Hanlon, O Neal, O Donnel, Macgenis, O Cahon, Mac Mahon, and many more Irish Lords were present; but since the Parliaments are better regulated, 'tis true that none are suffered to sit in the House of Lords, but such as are Lords of Parliament by Law, viz. by Writ or Patent; but 'tis as true, that the principal men of the Irish have or had Titles that qualifie them to sit there; as, O Neal Earl of Tyrone, O Donel Earl of Tyrconnel, O Bryan Earl of Thomond, Mac Carthy Earl of Clancarthy, O Bryan Earl of Insiquin; The Lords Macguire, Clare, Glanmalira, and Dungannon, Kavenagh Baron of Balion, O Carol Baron of Ely, and many more.
To the Fourth; Since the Irish would not admit their Countries to be made Shire-Ground, nor suffer Sheriffs to exercise any Authority in them, so that they were not amesnable to the Kings Laws, but were governed by their own Brehon Laws, so that the English could have no Justice against them; nor could the King punish Murder without sending an Army to do it; there was no reason they should have the Benefit of that Law they would not submit to: And this I take to be the true Reason why it was denied them:Davis 6. 'Tis true, they often Petitioned for the Liberty to be Plaintiffs, but they would not at the same time put themselves in a condition to be Defendants, nor come within the Jurisdiction of the Kings Courts, but by starts, and for their benefit; and therefore assoon as the Kingdom was throughly subdued, and reduced into Shires, so that the Kings Writ did run throughout the Realm, the Irish had also an equal Benefit of the Law, and were received into the Condition of Subjects: So that this Objection has been long since quite taken away.
[Page 11] As to the Fifth; They were not so ignorant, but that they knew the necessity of leaving a Tenure in the King; besides there was some small Reservation or Crown-Rent reserv'd by Contract or Agreement in every Patent; and therefore they did not expect it as free as they surrendred it; however they got well enough by the bargain; for in lieu of a precarious Estate for Life at most, they got legal Titles of Inheritance by the Kings Grants; and certainly they had little reason to complain, whilst (as our Author confesses) they enjoy'd both the Profits and the Possession.
But let us return to King Henry the Second, who found work enough in France, and was advised by his Mother Maud the Empress and others at a great Council held on that occasion,Speed. at Winchester, to postpone his Irish Designs, until he could meet with a more favourable opportunity; which not long after hapned: For Dermond Mac Murrough King of Leinster, Regan. having forced O Neale, O Mlaghalin and O Caroll, to give him Hostages, grew so insolent at these successes, that he became oppressive to his Subjects, and injurious to his Neighbours, more especially by the Rape of the Wife of Orourk King of Brehny, 1167. who was Daughter of O Mlaghlin King of Meath; Stanihurst. whereupon he was invaded by his Enemies,Cambrensis. and abandoned by his Subjects and Tributaries, particularly by Morough O Borne, Hasculphus Mac Turkil Governor of Dublin, and Daniel, Prince of Ossory; and after many Disasters,1168. was forced to quit his Country, and betake himself to the King of England for Assistance.
He was accompanied by his Trusty Servant Auliff, O Kinade, and sixty others, and safely arrived at Bristol, where he was generously entertain'd at S. Austin's Abbey, by Robert Fitzharding; Regan. M. S. and so having refresh'd himself and Servants, he went forward on his Voyage to Aquitain, where the King then resided.
He appeared before the King in a most shabby Habit,1169. says Friar Clin Stanihurst. 6 [...] suitable to the wretched condition of an Exile; He fell at his Majesties feet, and emphatically bewail'd his own Miseries and Misfortunes: He represented the Malice of his Neighbours, and the Treachery of his pretended Friends, and the Rebellion of his Subjects, in proper and lively Expressions; he suggested that Kings were then most like Gods when they exercised themselves in succouring the Distressed; and that the Fame of King Henry's Magnificence and Generosity, had induced him to that Address for his Majesties Protection & Assistance: But the King being engaged in France, could not aid him personally; however, being mov'd with Dermond's cunning Speeches & submissive Deportment,Hooker 1. he pitied his Misfortunes, entertain'd him kindly, and gave him some Presents, and then [Page 12] took his Oath of Allegiance, and gave him the following Patent.
HEnry, Stainhurst. 66. King of England, Duke of Normandy and Aquitain, Earl of Anjou, &c. Ʋnto all his Subjects, English, Normans, Welsh and Scots, and to all Nations and People being his Subjects, Greeting: Whereas Dermond Prince of Leinster, most wrongfully (as he informeth) banished out of his one Country, hath craved our Aid; Therefore, for asmuch as we have received him into our Protection, Grace and Favour, whosoever within our Realm, subject to our Commands, will Aid and Help him (whom we have embraced as our Trusty Friend) for the Recovery of his Land, let him be assured of Our Favour and License in that behalf.
Dermond, full of Hopes, passed through England to Bristol, where he caused the Kings Letters to be publickly and frequently read; and he likewise published his own Overtures of great Entertainment to such as would assist him; but his chief Dependance was upon Richard Earl of Chepstow, commonly call'd Strongbow, who Covenanted to aid him the next Spring with a good Force (if he could obtain the Kings particular Leave to do so) for which he was to have Dermond's only Daughter Eva, and to succeed in the Kingdom of Leinster.
From Bristol Dermond went to St. Davids in Wales, where he prevailed with Rhees, Prince of that Country, to enlarge Robert Fitz Stephens, who was then in Prison; and the Bishop of S. Davids perswaded the aforesaid Fitz-Stephens and Maurice Fitz-Girald to engage in Dermond's Quarrel; for which, the Irish Prince was to give them in Fee Wexford, and two Cantreds adjoyning. But Dermond impatient of longer absence from his own Country, and to prepare for the reception of his Auxiliaries, sailed to Ireland in August, and Landed at Glascarrig, 1169. and thence went to Fernes; where he was kindly received by the Clergy, to whom he made great ostentation of the Valour, Number and Bravery of his new Confederates; however, he thought fit to remain with them private, and as it were incognito, that Winter.
[Page 13] In the mean time he sent his trusty Servant Maurice Regan, in the Nature of an Embassadour, to sollicite and hasten the English Assistance, and to promise Lands to such of the Adventurers, as would stay in Ireland, and good Rewards in Mony or Cattle, to them that designed to return.
But the English were mindful of their Engagements and Promise; and in pursuance of them Robert Fitz-Stephens arrived at the Ban, 1170. a small Creek in the County of Wexford, about the Calends of May, together with thirty Gentlemen, sixty Men in Jacks, and three hundred choice Archers and Pike-Men, in three Ships: And the next came Maurice of Prendergast, ten Gentlemen, and a number of Archers, in two Barques: As also Hervy of Mountmaurice, whom Strongbow sent as his Agent, to be informed of the true state of the Country.
They immediately send Notice of their Arrival, which being known, gave Dermond so great Reputation that his revolted Subjects flockt to him with such celerity, and in such numbers as manifested their Levity, and that they were too much inclined to court a prevailing Power.
That Night the English incamped by the Sea-side,Regan. and the next Day marched towards Wexford, where they were met by Daniel (Dermonds Natural Son) and five hundred Men, and soon after came Dermond himself, and renewed the Leagues and Covenants between him and the English,Stainhurst, 71. and thereupon both Armies joyn and march friendly to Wexford.
Two thousand of the Wexfordians boldly make a Sally,Giraldus Cambrensis. but when they perceived the Armour, Barbed Horses, and other war-like Furniture of the English, and such an Appearance as they had never seen before, they were frighted therewith, and easily persuaded to retire; nevertheless they burnt their Suburbs, and the adjacent Villages, and manfully betook themselves to defend their Walls. They also briskly repulsed Fitz Stephens his first Attack, and killed eighteen of his Men, whereupon the English were enraged, and being resolved either to conquer or dye, they first burnt their Ships, and then made Publick Prayers in the Camp, and prepared for a Second Assault; but by the Mediation of some Bishops that was prevented, and the fourth Day of the Siege the Town was surrendred on Articles, and together with two Cantreds adjoyning was given to Fitz-Stephens and Fitz-Girald, according to the former Agreement. And to oblige the Earl of Chepstow, Dermond bestowed two Cantreds (situate between Wexford and Waterford) on Henry of Mountmaurice; and those three setled the first Colony of British on these Lands, which have continued through-all the Changes since, to this Day.
[Page 14] But the King of Leinster was overjoyed at this Success, and to express his Gratitude to the English Adventurers, he marched to Fernes, to caress them, where they staid three Weeks,Regan. M. S. and spent their Time in Feasting and Jollity. Dermond did not fail to applaud their Valour, and tell them, how much they were dreaded by the Irish, and then he proposed to them an Expedition into Ossory; to which they readily consented.
The Army consisting of three thousand Irish, besides the English, in pursuance of the former Resolution, invaded Ʋpper Ossory. That Prince was Dermonds bitterest Enemy, and had formerly imprisoned Dermond's Son, and (being jealous of him) had put out both his Eyes, by means whereof he dyed.
That Country being full of Woods and Bogs,Stainhurst, 79. might easily have been defended, and the Prince of Ossory prepared to do so; but Fitz-Stephens counterfeited a Flight, and by that Stratagem drew out the Ossorians to pursue him; and when he had got them on the Plain, he charged them with his Horse to purpose, and routed them, with the Slaughter of above three hundred Men;Lib. P. Lamb. whose Heads being brought to Dermond, he most barbarously did bite away the Nose and Lips of one of them,Hanmer, 114. whom he knew and mortally hated: However, by this Defeat, and the Inroads and Desolation they made in the Country,Lib. P. the Prince of Ossory was forced to Submit, swear Fealty, and give Hostages to the King of Leinster.
But Mr. Regan not allowing of this Submission, tells us of a second Expedition into Ossory: and that after the Wexford Men were three times repulsed, the English forced the Trenches, beat the Ossorians, and burnt the Country, and Maurice de Prendergast being disgusted with Dermond, resolved to return to England; but being stopt at Wexford, he took part with the Prince of Ossory; but finding that Prince designed to murder him, in stead of giving him his promised Pay, he got rid of him by a Stratagem, and returned to England, and afterward came over again with Strongbow.
But however that be, 'tis more certain, That the Army being refreshed, invaded, burnt and prey'd the Country of O Phelan, and afterwards O Tools Country up to Glandelogh, and met with small or no Resistance.
In the mean time Rotherick (the Monarch of Ireland) was alarm'd at the Advent and Success of the English, and therefore he summon'd a General Parliament, or Assembly of all the Princes of the Country; they quickly resolved to attack the King of Leinster, and to expel the Strangers; and in order to put their Votes in execution, they [Page 15] united their Forces, and invaded O Kensile, a Territory in Leinster.
Dermond finding himself unable to resist this mighty Force, and the rather, because he perceived his Subjects began to stagger in their Loyalty,Stainhurst, 82. which it seems was calculated for his Good Fortune only, applyed himself to Fitz-Stephens, and nakedly represented the Case to him, and told him; That unless he stuck firmly to him, in this great Adversity, the Kingdom of Leinster would be lost for ever.
Fitz-Stephens answered, That the English had forsaken their Dearest Friends and Native Soyl, for his sake; that they had burnt their Ships, and had already ventured their Lives in his Quarrel; and therefore happen how it would, they would live and dye together. Be you true to us (said he) and we will not be false to you: Your Royal Courage should contemn these Accidents, which will soon be at an End, for either Death (which is the common Fate) will in a little time deliver us with Honour from these Streights, or a glorious Victory will place us above all those Difficulties which now seem so terrible.
Dermond was much encouraged by this Speech, however, because his Army was much inferior in number, to that of his Enemies, he did, by Fitz-Stephens his Advice, retreat to an inaccessible Fastness by Ferns; which by plashing of Trees, and making Entrenchments, he soon rendred impregnable.
But Rotherick wisely considering the Difficulty of the Attempt, and the incertain Events of War, tryed severally, and apart both Dermond and Fitz-Stephens, to persuade them by fair means to an Agreement: to Fitz-Stephens he sent Presents, in the nature of a Bribe, together with Lett [...]rs to this effect.
THE Britains may not by Law of Arms,Hanmer, 115. display their Ensigns in Foreign Possessions, nor dispossess the Lawful Heirs of their Inheritance; but they are with Licence of the Irish to pack Home. It is a Blemish to their Nation to give Aid to a shameful Fact: Neither may the Lechery of Dermond, be mantled under British Cloaks. Wherefore depart, and forsake him, that is forsaken of God and Man; and here, by my Messenger receive to defray your Charges, and transport you to your Native Soyl.
[Page 16] But the Monarch was mistaken in the Man, for Fitz-Stephens returned this Answer:
YOur Present I will not accept; nor will I break the Faith and Troth; I have promised to my Friend Dermond; he forsakes not me, I will not forsake him, neither leave him distressed. You speak of Lechery, what is that among Martial Men? I hear you have Bastards your self. To what End is your Embassie? If Rotherick give Counsel, we need it not; if he prophesie, we credit not his Oracle; if he command as a Prince, we obey not his Authority; if he threaten as an Enemy, a Figg for his Monarchy.
So finding himself out in his Politicks, he prepares to force them to that which he could not persuade them to; and to encourage his Soldiers, suggests to them, That Dermond designed to extirpate the Irish Nation, and to that end had brought in the most hateful Enemies they had; that he was more cruel than a Beast, and no Mercy was to be expected from him; that unless this Civil War was by their Valour immediately ended, it would prove the Ruine of their Nation; that their Enemies were easily to be subdued, whilst their Number was few, and their Means inconsiderable; and that if they lost this Opportunity, their Country was lost for ever.
Dermond in like manner made a Speech to his Followers, setting forth; That they had Powerful and Brave Assistants, the English, whose Valour has been approved; and that their Faithfulness was undoubted, because they had sworn it, had burnt their Ships, and could expect no Mercy from their Enemies; That their Cause was Just, in defence of their Prince and Country; that Rotherick was a Tyrant, had three Wives, then alive, and eleven Bastards, he murthered his Natural Brother, was guilty of innumerable Murders, Thefts, Lyes and Debaucheries; and had no other End in all his specious Pretences than the enslaving them and their Children.
But after all this, the Reputation of the English kept Rotherick in Fear, and obliged him to continue his Endeavours for Peace; and Dermonds Condition, and approaching Wants, obliged him likewise to make a Peace, he never designed to keep any longer than he needs must; so by the Mediation of some Good Men, they at last came to this Conclusion.
[Page 17] First, That Dermond renewing his Homage, should be restored to his Kingdom of Leinster.
Secondly,Lib. P. Lamb. That he should dismiss the English, as soon as he was setled. But this Article was private.
Thirdly, That his Son Cothurne should be Hostage for performance thereof; and as soon as the English were gone, then Dermond's Son, should be married to Rothericks Daughter.
The Hostage was accordingly delivered, and all quiet, when Maurice Fitz-Gerald landed at Waxford, with ten Knights, twenty Esquires, and one hundred Archers, with which Recruit Dermond marched to Dublin, to reduce that Rebellious City, which was, without much Resistance, surrendred upon Articles, and so they renewed their Oaths of Allegiance, and gave Hostages for their future Obedience.
In the mean time Rotherick with his Army went to demand Chief Rent of Danald, Prince of Limerick, who was Dermond's Son-in-Law; but Dermond, under-hand, procured Fitz-Stephens (who stay'd behind him, to build his Castle of Carrick, near Waxford) to step to Danald's Assistance; and the Issue was, That Rotherick was baffled, and forced to return without without his Chieffry.
With this Success Dermond was encouraged to Higher Designs,Hanmer, 119. and daily consulted with the English,Lib. P. Lamb. how he might recover the Monarchy of Ireland, which his Ancestors formerly enjoyed, and to which he pretended a Title. He offered his Daughter Eva to Fitz-Stephens and Fitz-Gerald, and made them many large Promises, if they would recruit their Forces, and assist in the Design, but they were married, and could not accept the Offers, nor were they able to go through with so great an Undertaking; and therefore they advise him to solicit Strongbow once more to so noble an Exploit.
It seems Strongbow was hindred by the King; for upon receipt of Dermond's Letters, he went to his Majesty, desiring Leave to seek new Territories in Ireland, or to be restored to his old Estate in England. Campion, 59. The King wearied with his Importunity, said to him in Passion; I wish you were gone: Which Strongbow takes for a Licence, and away he goes, and prepares as fast as he can for his Irish Voyage.
Before him he sent Reymond Le Gross, 1171. with ten Knights, forty Esquires, and eighty Archers; who came in May, 1171, and landed at Dondowrough, eight Miles east of Waterford, and entrencht themselves as well as they could. The Waxfordians and their Neighbours, to the number of three thousand, under Mac-Kelan, Prince of Ophelan, and [Page 18] O Rian of Odrone, came down by Land and Water, attack'd the English,Hanmer, 120 and beat Reymond into his Entrenchment; but the English, (rendred desperate by the Danger) made a second Salley; and the Enemy being negligently and disorderly scattered, they slew five hundred of them, and took seventy principal Citizens, whom by the Advice of Hervey, immediately they drowned.
Strongbow came on the twenty third of August, and landed in the Haven of Waterford, 1171. with two hundred Knights, and more than one thousand Soldiers: To him immediately repaired the King of Leinster, Regan contra. Fitz-Stephens, Fitz-Gerald, and Reymond Le Gross; this last was made General of the Field, and the next Day goes to assault Waterford by Land and Water; after two Repulses Reymond perceived a Cabbin on the Wall, propt with Timber, on the out-side; immediately he caused the Prop to be cut, so that the House fell, and with it part of the Wall; at which Breach the English entred,23 August. Regan. ransack'd the City, and slew every one they found in Arms, except O Philim Prince of Decies, and one Reginald, whom they imprisoned.
Then was Eva, Daughter of the King of Leinster, married to the Earl, according to the former Capitulations: And soon after the Army marched to Dublin, through the Mountains of Glandelogh, the ordinary Road being guarded or made unpassible by the Dublinians, who had again rebelled.
Dermond hated the Dublinians exceedingly, because they had murthered his Father, and, in Derision, buried him with a Dog: However, at the Intercession of the Archbishop, Laurence, he treated with them; but the Time allotted for the Treaty,Regan. M. S. being expired, Reymond and Miles Cogan took Advantage thereof, broke into the City and sack'd it, with great Slaughter; but Hastalphus the Governour, and some of the better sort, with their Riches, escaped by Sea.
Miles Cogan being left Governour of Dublin, Strongbow, 1171. at the Intercession of Dermond, invades Meath; which he burns and spoils; Whereupon Rotherick upbraids Dermond's Perfidiousness; and, unless he will observe the late Peace, threatens to behead his Son Cothurnus, who was Hostage thereof: Which (upon Dermonds surly answer, That he would proceed to conquer Connagh, his ancient Ineritance) was accordingly performed.
The Archbishop assembles a Synod at Armagh, Hanmer, 125. to enquire into the Causes of God's Anger, which being met, and pretermitting the Symony of the Prelates, the Ignorance and Negligence of the Priests, the Lechery and Exorbitances of the Clergy, lay all upon the Laity, and concluded, That God [Page 19] was offended for selling the English, as Bond men, and therefore they decree, That all the Englishmen be manumis'd.
But King Henry, Hanmer, 126. upon the Report of these Victories, became jealous of Strongbow, and therefore, by Proclamation, forbids the Transportation of any thing, out of his Dominions, to Ireland, and commands all the English to return before Easter; Speed, 474. and to stop their farther Proceedings in Ireland, on pain of forfeiting their Estates in England. Whereupon the Earl used all possible means to appease the King; and sent Reymond le Grosse as his Agent, to submit his Conquests to his Majesties Pleasure. The King, (who was then in Aquitain) gave Reymond very good Words, nevertheless he still kept a hard hand on the Adventurers.
In the mean time Hastulphus, 1172. late Governour of Dublin, returned about Whitsontide, with sixty Ships,Regan says 10000. and a smart Party of good Soldiers, well arm'd and provided; he attack'd the City of Dublin on the east Side thereof: Miles Cogan, the Governour, boldly made a Sally, but was beaten back with Loss: Which his Brother, Richard Cogan, perceiving, he issued out of the South-gate, and came in the Rear of the Enemy, which so surprized them, that after a small Resistance they were entirely defeated: Hastulphus himself was taken, and it was designed to keep him Prisoner, in Hopes of Ransome, but being brought before the Governour, he foolishly boasted what he would do at the next Invasion, and therefore to prevent it, he was immediately beheaded.
About the Calends of May, Dermond Mac Morough King of Leinster died at Ferns; 1172. whereupon Strongbow immediately repaired to Dublin, to keep that City quiet, if possible; but by the King's aforesaid Proclamation he was debarr'd of Supply either of Men or Victuals, and thereby was reduc'd to great Distress.
Rotherick observing Strongbow's weak Condition, confederated with Gothred, Regan, M. S. King of the Isle of Man, and all the chief Men of Ireland; and having got together thirty Ships, and thirty thousand Men, they besieged Dublin, both by Land and Water; whereunto they were encouraged by Laurence, Archbishop of that City.
At the same time the Men of Kensile, and the People of Wexford, to the number of three thousand, besieged Fitz-Stephens, in his Castle of Carrig, which he was then repairing and fortifying, they reduc'd the poor old Britain to the last Extremity: Nevertheless, his Courage did not fail, but with his small Company (being five Gentlemen and a few Soldiers) he made such a Reisistance, that the Besiegers despaired to reduce him by Force, and therefore they resolved [Page 20] to make use of a Stratagem, which proved effectual at this Time, and therefore hath been too often practised in Ireland, on other Occasions: They brought the Bishops of Wexford and Kildare, a Mass-Book, the Eucharist, and certain Reliques, and by them solemnly swore, That Dublin was taken, and that all the English found therein were slain; and that Rotherick was marching towards them, to finish the Siege of Carrig; and that they, in Favour of Fitz-Stephens, and in Contemplation of his great Generosity and Valour, offered him this Opportunity, to put him and his Company on board a Ship, that they might safely return into Wales, before Rotherick and his enraged Army should arrive. The good old Man was wheedled with this Perjury,Stainhurst, 120. and surrendred his Castle; which being done, some of his People were perfidiously murthered, and himself and the rest were kept in Prison.
Strongbow was in the mean time reduc'd to great Distress, in Dublin, his English Soldiers not exceeding the Number of six hundred;Regan, M. S. nevertheless, having no Opinion of the Courage or Integrity of the Irish, he refused to mix with them, or to admit any of them into his Service, except Donell Cavenah, Mac Gely and O Carvi; but being farther pressed, he would have accepted of any Reasonable Conditions; he offered to hold Leinster of Rotherick, and to become his Man (that is, to do him Fealty); but Rotherick would not hear of any thing but an absolute Surrender. Hereupon the Condition of the Irish was secure, and that of the English was desperate: Rotherick was bathing and solacing himself and his Army in a licentious and loose Posture, when Strongbow and his small Garrison (resolving to sell their Lives at the dearest rate they could) made an unexpected Salley into the Irish Quarters; Reymond le Gross, with twenty Knights, and a small Brigade, led the Van; Miles Cogan, with thirty Knights, and his Party, followed; and Strongbow and Fitz-Girald, with forty Knights, and the rest of the Garrison, brought up the Rear. The Consequence of this bold Attempt was an entire Victory; for the Irish (being surpriz'd and out of Order) neither could nor did make any considerable Resistance, but were soon put to Flight, with the loss of one thousand five hundred Men.
The next Day Strongbow marched to Wexford, through the Barony of Idrone, to relieve Fitz-Stephens, amongst the Fastnesses of that Country, at a Place called the Earls Pace; he was briskly assaulted by O Rian and his Followers; but O Rian being slain by an Arrow shot at him by Nichol the Monk, the rest were easily scattered, and many of them slain. It was here that Strongbow's only Son (a Youth about seventeen Years old) frighted with the Number [Page 21] and Ululations of the Irish, run away from the Battle, and made towards Dublin; but being informed of his Fathers Victory, he joyfully came back to congratulate that Success; but the severe General having first reproach'd him with Cowardize, caused him to be immediately executed, by cutting him off in the Middle with a Sword; so great an Abhorrence had they of Dastardliness in those Days, that in imitation of the Old Romans they punish'd it with a Severity, which how commendable soever it may be in a General, was nevertheless unnatural in a Father. The Tomb both of Father and Son, is yet to be seen in the Body of Christ-Church, in Dublin, whereon formerly was this bald Epitaph, alluding to this Story.
When Strongbow came near Wexford, he received the ill News of Fitz-Stephens his Misfortune, as also that the Irish had burnt Wexford, and were retired to the Island Begory or Betherni, and were resolved to kill Fitz-Stephens, if they were farther pursued: Wherefore he turned aside towards Waterford, and march'd to that City, where he met Hervy, who was returned with Letters from the King, wherein the Earl was ordered immediately to repair into England.
Strongbow presently obeyed, and met the King at Newnham, near Glocester, on his Journey towards Ireland, with an Army: The Earl behaved himself so dutifully, that the King was soon appeased, for Strongbow did not only renew his Fealty, but did also surrender to the King the City of Dublin, and two Cantreds adjoyning, and all Forts and Towns bordering on the Sea. And on the other side, the King was contented that the Earl should enjoy all the rest to him and his Heirs, to be held of his Majesty and his Successors, and so they marched by Severn-side, through South Wales to Pembrook, August. 1172. and at length embarqu'd at Milford Haven.
In the mean time O Rorick, and the King of Meath, took Advantage of Strongbow's Absence in England, and Reymond's at Waterford, and with their united Forces besieged Dublin; But Miles Cogan had the Courage to sally, and the Good Fortune to defeat them, with the Slaughter of Orourk's Son, and many of his Followers.
On the eighteenth of October, Regan. M. S. King Henry arrived at Waterford with four hundred Knights, and four thousand Soldiers: The People of Wexford came with the first, to make their court, [Page 22] and complimented him with their Prisoner, Fitz-Stephens, whom the King continued in Prison, and smartly chid him for invading Ireland, without his Majesties special Licence: But this was but a piece of King-craft, to ingratiate with the Irish, and to get the City of Wexford, which Fitz-Stephens was forc'd to part with, and to make his humble Submission; and then at the King's second coming to Waterford, he was restored to his Liberty, and the rest of his Estate.
To the King, (at Waterford) came Dermond Mac Carthy, King of Cork, and voluntarily submitted, and swore Allegiance: He also agreed to pay a certain annual Tribute; which being done, the King marched to Lismore, and thence to Cashel, near which, on the Banks of the Shure, came Daniel O Bryan, Prince of Limerick; who in like manner submitted, and swore Allegiance. Whereupon Garrisons were sent to Cork and Limerick, and the King returned to Waterford. In like manner submitted Daniel, Prince of Ossory, O Phelin Prince of Decyes, and all the great Men of Munster: And the King gave each of them a Present, and to all of them gracious and kind Reception.
All the Archbishops,Brady, 360. Bishops and Abbots of Ireland, came unto the King of England at Waterford, and received him as King and Lord of Ireland, and sware Fealty to him and his Heirs; and from every Archbishop and Bishop he received a Chart, by which they acknowledged and constituted him King, and submitted unto him and his Heirs, as their Kings, for ever. And according to their Example, the foresaid Kings and Princes received him as King and Lord of Ireland, and became his Men, and swore Fealty to him and his Heirs against all Men.
These Charters were transcrib'd, and the King sent the Transcripts to Pope Alexander, who confirm'd, by Apostolick Authority, to him and his Heirs, the Kingdom of Ireland, according to the Form of those Charters, as aforesaid.
The King left Robert Fitz-Barnard and his Houshold at Waterford, and marched to Dublin, through Ossory; by the way he received the Submissions of the Prince of Ossory, O Carol, O Rurk, O Chadess, O Toole, and several others; but Rotherick, the Monarch, came no nearer than the Shannon-Side, where Hugh de Lacy and William Fzadeline, by Commission, received his Oath of Allegiance; and agreeed with him for a Tribute; and as the rest did, he likewise gave Hostages for his Performance, so that there was no Prince, or great Man in any part of Ireland, except Ʋlster, but by his Deputies, or in Person, did submit to the King.
[Page 23] Then did the King command to assemble a Synod at Cashel; whereunto the Archbishop of Armagh consented afterwards, though by reason of his great Age he was not present at the Synod: Where, after Christmas; appeared Christianus Bishop of Lismore, the Pope's Legate, Donagh Archbishop of Cashel, Laurence Archbishop of Dublin, and Catholicus Archbishop of Tuum, with their Suffragans and Fellow Bishops, with divers Abbots, Archdeacons, Priors, Deans, and other Prelates: And the King sent thither Ralph, Abbot of Buldewais, Ralph, Archdeacon of Landaff, Nicholas the Chaplain, and divers other good Clerks; and they made these following Canons.
First,Cambrensis, cap. 35. It is Decreed, That all Good, Faithful and Christian People, throughout Ireland, should forbear and shun to marry with their near Kinsfolk and Cousins, and marry with such as lawfully they should do.
Secondarily, That Children shall be Catechiz'd, without the Church Door, and Baptiz'd in the Font, appointed, in the Churches for the same.
Thirdly, That every Christian Body do Faithfully and Truly pay yearly the Tithes of his Cattle, Corn, and other his Increase and Profits, to the Church or Parish, where he is a Parishioner.
Fourthly, That all the Church-Lands and Possessions, throughout all Ireland, shall be free from all Secular Exactions and Impositions; and especially, that no Lords, Earls, or Noblemen, nor their Children, nor Family, shall extort or take any Coyn and Livery, Cosheryes, nor Cuddyes, nor any other like Custom, from thenceforth, in or upon any of the Church-Lands and Territories. And likewise, That they, nor no other Person, do henceforth exact out of the said Church-Lands, Old, Wicked and Detestable Customs of Coyn and Livery, which they were wont to extort upon such Towns and Villages of the Churches, as were near, and next bordering upon them.
Fifthly, That when Earick or Composition is made among the Lay-People, for any Murther, That no Person of the Clergy (though he be kin to any of the Parties) shall contribute any thing thereunto; but as they be guiltless from the Murther, so shall they be free from Payment of Mony, for any such Earick, or Release for the same.
Sixthly, That all and every Good Christian being Sick and Weak, shall, before the Priest, and his Neighbours, make his last Will and Testament; and his Debts and Servant's Wages being paid, all his Moveables to be divided (if he have any Children) into three Parts; whereof one Part to be to the [Page 24] Children, another to his Wife, and the third Part to be for the Performance of his Will. And if so be he have no Children, then the Goods to be divided into two Parts, whereof the one Moyety to his Wife, and the other to the Performance of his Will and Testament. And if he have no Wife, but only Children, then the Goods to be likewise divided into two Parts, whereof the one to himself, and the other to his Children.
Seventhly, That every Christian, being Dead, and dying in the Catholick Faith, shall be reverendly brought to the Church, and to be buried as appertaineth.
Finally, That all the Divine Service, in the Church of Ireland, shall be Kept, Used and Observed, in the like Order and Manner, as it is in the Church of England: For it is Meet and Right, That as by God's Providence and Appointment, Ireland is now become Subject, and under the King of England; so the same should take from thence the Order, Rule and Manner how to Reform themselves, and to Live in better Order: For whatsoever Good Thing is befallen to the Church and Realm of Ireland, either concerning Religion, or peaceable Government, they owe the same to the King of England, and are to be thankful unto him for the same: For before his coming into the Land of Ireland, many and all sorts of Wickedness, in Times past, flowed and and reigned among them; all which, now by his Authority and Goodness are abolish'd.
And so (says Cambrensis) they having owned the King Supreme in Church and State, he confirmed their Canons, by his Royal Authority: And it seems to me, That at the same Synod the King declared his Pleasure to govern Ireland by the Laws of England: Whereto they consented, and swore Obedience accordingly, for thus my Author phrases it: Leges Angliae sunt ab omnibus gratanter receptae, & juratoria, cautione praestita confirmatae. Temple, 5. And though others say, This was done at a Synod,Matth. Paris. held about this Time at Lismore: Yet I rather believe, That the Bishop of Lismore, his presiding at Cashel (as he did, being the Pope's Legate) gave rise to the Mistake of the Place; than that there should be two such famous Synods celebrated in the same Province, in one Year: But however that be, this is certain, That the King, soon after his return into England, caused an antient Treatise,4 Inst. 12. called, Modus tenendi Parliamentum, to be transcribed in a Parchment-Roll, and to be sent into Ireland, for their better Instruction.
[Page 25] The King kept his Christmas at Dublin, in as great State as that Place would admit of; for there was not any House to be found there, that was capable of his Retinue, and therefore he was necessitated to build a long Cabin, with smooth'd Wattles, after the Fashion of the Country, and almost in the Nature of a Tent, which (being well furnished with Plate, Housholdstuff and good Chear) made a better Appearance than ever had been seen in Ireland, before that Time, and accordingly it was admired and applauded by the Irish Potentates, who flocked thither to pay their Duty to the King.
But it was Time for Henry to mind his Foreign Affairs, and therefore, in order to his return to England, he went to Wexford, and there he staid almost three Months, during which Time, the Weather was so tempestuous, that Ships durst not adventure to Sea; so that the King could neither get to England, nor receive any Intelligence from thence: At length, after Mid-Lent, a Vessel arrived, with the bad News, of the King's Sons being in Rebellion; and of the coming of the Pope's Legates, to Interdict the Kingdom, for the Murder of Becket: He was also distressed, in Ireland, by the Plague, which raged in his Army, and by the want of Victuals, which now began to be very scarce and dear, so that he was necessitated to hasten to England; although he was much troubled to leave Ireland in that unsetled Condition, and without some Castles and Fortresses, which he design'd, and thought necessary for its Conservation.
But the Kings Jealousie was not so much of the Irish, as it was of Strongbow, whose Reputation and Interest were very great: And therefore, to ballance him, the King raised several Grandees, and gave them large Portions of Land, together with great Jurisdictions and Priviledges; particularly he gave Ʋlster to the famous John de Courcy, and Meath to Hugh de Lacy; and left Lacy, with twenty Gentlemen, and Robert Fitz-Stephens and Maurice Fitz-Girald, with twenty more, Governours of Dublin. Waterford was committed to the Care of Humphry de Bohun, Robert Fitz-Barnard, and Hugh de Gondeville, who had twenty Gentlemen to attend them; and William Fitz-Adelme, Philip of Hastings, and Philip de Bruce had the like number of Gentlemen to keep Wexford: And so, in the Morning, on Easter-Monday, the King went on Board, and was by Noon, the same Day landed at S. Davids in Wales:
He left Hugh de Lacy Chief Governour,Some call him O R [...]k. or Lord Justice of Ireland; who kept his Residence at Dublin, and thither came to him O Mlaghlin of Meath, to complain of some Hardships and Inconveniences, he pretended to suffer in that [Page 26] Country, or rather to adjust Matters between them, about their respective Interests and Estates in Meath; for he desired a Parly at the Hill of Taragh: To which Lacy very readily consented. And so, after reciprocal Oaths for each others Safety,1173. they met at the Time and Place appointed: O Mlaghlin had treacherously prepared an Ambush, and when he found his Opportunity, he gave them the Signal; and upon their Approach, he with a Pale Grim Countenance, and with a Spar in his Hand, made up to Lacy, and assaulted him.
But it happened, That one Griffith, the Night before the Parly, had dreamt, That a parcel of Hogs fell upon Lacy, and had killed him, if he had not slain the great Boar: This Dream being told to Maurice Fitz-Girald, he gave such regard to it, as Superstitious Men commonly do to such Whimsies; and believing that it did forbode some Danger to Lacy, he caused Griffith, and six more, secretly to arm themselves, and to ride near the Place of Parley, as it were for Pleasure, and to be ready at any Alarm.
Maurice Fitz Girald (as soon as he discover'd O Mlaghlin's Design) gave the Signal to Griffith, but before he could come up, the Irish had kill'd Lacy's Interpreter, who interposed, to save his Master, and had his Arm cut off for his Pains; Lacy himself was twice knockt down, but Griffith being come, he soon ended this Skirmish, by the Death of O Mlaghlin, whose Head he cut off, and sent it into England.
But Lacy being unable to manage the Kingdom, and the King being so perplexed with the Rebellion of his Sons, that he could not personally attend the Irish Affairs, it was necessary to send for Strongbow into Normandy (where the King was) and to give him the Government of Ireland.
Strongbow being sent for, did readily wait on the King, and being made acquainted with his Majesties Intentions, he made it his Request, That to avoid Envy and Jealousie, Reymond le Gross, might be his Colleague in the Government. The King replyed, That Reymond should be joyned with him, as an Assistant, but not in Commission: And so having express'd much Confidence in the Earl, he gave him the City of Wexford and the Castle of Wicklow, and sent him to his Government.
Richard Earl of Chepstow, commonly call'd Strongbow, Chief Governour, or Lord Justice of Ireland, at his arrival there, found all things in Disorder, many of the Irish actually revolted, and all of them confederated to shake off the English Yoke; the Army also was Mutinous for want of Pay, and the Generals (Hervy and Reymond) were at odds. Immediately he put the Army under the Conduct of Reymond; 1174. [Page 27] who led them into Ophaly; where they met with good Prey: Thence he advanced to Lismore, and spoiled both the Town, and the Country; and so, by the Sea-side, he marched towards Waterford: At Dungarvan he found thirteen Boats; which he seized, and loaded with Prey and Plunder: But being detained there a long time, by contrary Winds, the People of Cork found means to fit out thirty two Barques, and manfully assaulted the English in their Boats; nevertheless the English Bows and Arrows prevailed, and the Corcagians were defeated, and their Admiral, Gilbert mac Turger, slain: Whereupon the English, under their Admiral, Adam de Hereford, sailed triumphantly into Waterford.
Dermond mac Carthy, King of Cork, came, with his Forces, by Land, to countenance the aforesaid Attempt of the Corcagians, by Sea, and to seize on the English Boats, if perhaps they should be forced ashore, as he expected; but Reymond met him, and gave him such a Brush, that he got a Prey of four thousand Cows, by the Bargain, and brought them safe to Waterford.
But whilst Reymond was thus busied in Munster, he received Advice of the Death of his Father, William Fitz-Girald; which obliged him to take a Voyage into Wales, to get Possession of the Inheritance, descended to him: By this Accident the Command of the Army fell to Hervy; and abundance of Trouble and Misfortune hapned to the Earl.
For it was not long, before Hervy perswaded the Earl to an Exploit,1175. somewhere about Cashel, and in order to it, to send for more Forces from Dublin; but Donald, Prince of Ossory, having Notice of it, surpriz'd them in their March, and fell upon them in Ossory, where he slew four Gentlemen and four hundred Soldiers, being of that sort of the Citizens of Dublin, which were called Easterlings.
With this great Victory, the Irish were elevated beyond measure, and fansied, They had now got a favourable Opportunity to extipate the English: And to that End they armed every where; and even those Irish whom he had most obliged, and those also from whom he had Oaths and Pledges did, nevertheless, joyn with the rest in this General Conspiracy.
Rotherick, with a mighty Army passed the River Shenin, and Burnt and Prey'd the Country, even to the Walls of Dublin: And Strongbow was coopt up in Waterford, in continual Fear of a Massacre there [...] ▪ In this miserable Condition, he sent to Reymond, into Wales, desiring him to hasten over; and promised him the Fair Basilia (Strongbow's Sister) as the Reward of his Expedition. Reymond made all possible Hast, and with thirty Gentlemen, an hundred Horsemen, [Page 28] three hundred Archers and Footmen, and in twenty Barques arrived at Waterford very seasonably, for the Citizens were then conspiring the Murder of the English; which by this Accident was postponed for a Time.
Immediately the Earl, Reymond, and the Army, march'd to Wexford; and soon after the Citizens of Waterford murdered the Governour Pursel, and butcher'd all the English, Men, Women and Children, except such as saved themselves in Reginalds Tower: But they manfully kept that Tower, and afterwards regained the City, and forced the Citizens to submit to hard Conditions.
Strongbow and the Army being at Wexford, Reymond was married to the Fair Basilia, and had with her Idrone, Glascarig, Fothard, and the Constableship of Leinster: But in the midst of their Jollity, they received Information, That Rotherick had invaded Leinster; wherefore the next Day they marched towards Dublin: But Rotherick, at the News of their Approach, retreated; and Reymond caused the ruined Castles to be repaired, particularly the Castle of Trim, and so hoped that he might now enjoy his Beautiful Spouse in quiet.
But the Prince of Limerick was resolved to follow his Blow, and continued in open Defiance; so that Reymond was forced to march to him,September, 1176. with twenty six Gentlemen, three hundred Archers, and three hundred Horsemen: David Walsh forded, or rather swam, the River of Shenin, into the Island of Limerick, whom (by Reymond's Persuasion and Example) the rest followed,October 1. and took that City; and after plundering it, they left a Garrison in it, under Meyler of S. Davids, consisting of fifty Gentlemen, two hundred Horse, and two hundred Archers; and returned.
Hervey of Mount-Morris, by his Letters to the King, had suggested, That Reymond intended to keep Limerick for himself; and that he and Strongbow would monopolize Ireland, and several other Falsities; which so moved the King's Jealousie, that he sent over Robert Power, Osbert of Hereford, William Bending, and Adam of Germeny; whereof two were to bring over Reymond, and the other two to stay and watch the Earl.
In the mean Time, Letters came from Limerick, importing; That the Garrison was in Distress, besieged by Daniel O Bryan: Whereupon it was resolved, as well by Strongbow, as by the new Messengers, That Reymond must undertake to relieve it.
Wherefore taking with him eighty Gentlemen, two hundred Horse, and three hundred Archers, with some Irish, under Morough of Kensile, and Donold of Ossory, he marches [Page 29] towards Limerick; but O Bryan not willing to fight with the Army and Garrison at once, raises his Siege, and marches towards Cashel, 1177. and by plashing the Trees, and trenching his Camp, he made it as strong as he could.
It was pleasant to behold the Prince of Ossory, who was O Bryans Mortal Foe, to tell the English, That they must fight valiantly, and be Victors, or He and His, would cut their Throats, for he was resolved to be of the strongest Side; and though he would help them whilst they sought, he would certainly turn against them, if they fled.
But the English Valour needed not such a Whet, for, according to their Custom, they fell upon, and routed the Enemy, and marched to Limrick, and relieved the Garrison; which produced a Parley,Easter-Tuesday. and that a new Submission and Hostages, as well from Daniel Prince of Limrick, as from Rotherick, late Monarch of Ireland, who sent his Son over to the King, as Hostage of the Peace;1177. and afterwards, by his Agents, the Archbishop of Tuam, the Abbot of S. Brendam, and Laurence, his Chaplain, entred into the following Agreement.
Hic est finis & Concordia quae facta fuit apud Windesore,Hanmer, 144. in octabis Sancti Michaelis, anno gratiae 1177. inter Dominum Regem Angliae, Henricum secundum, & Rodericum Regem Conaciae, per Catholicum Tuamensem Archiepiscopum, & Abbatem C. Sancti Brandani, & Magistrum Laurentium, Cancellarium Regis Conaciae.
I. QƲod Rex Angliae concedit praedicto Roderico, Ligeo homini suo Regnum Conaciae, quamdiu ei fideliter serviet, ut sit Rex sub eo, paratus ad servitium suum, sicut homo suus, & ut teneat terram suam, ita bene, & in pace, sicut tenuit, antequam Dominus Rex Angliae intravit Hiberniam, reddendo ei tributum: & totam illam terram & habitatores terrae habeat sub se; & Justitiae ut tributum Regi Angliae integre persolvant, & per manum ejus sua jura sibi conservent, & illi qui modo tenent, teneant in pace, quamdiu mansuerint in fidelitate Regis Angliae, & fideliter & integre persolverint tributum, & alia jura sua quae ei debent, per manum Regis Conaciae, salvo in omnibus jure & honore Domini Regis Angliae & suo.
[Page 30] II. Et siqui ex eis Regi Angliae, & ei Rebelles fuerint, & tributum & alia jura Regis Angliae, per manum ejus solvere noluerint, & à fidelitate Regis Angliae recesserint, ipse eos justitiet & amoveat, & si eos per se justitiare non poterit, Constabularius Regis Angliae & familia sua de terra illa juvabunt, cum ad hoc faciendum, cum ab ipo fuerint requisiti, & ipsi viderint quod necesse fuerit, & propter hunc finem reddet proedictus Rex Conaciae Domino Regi Angliae tributum singulis annis, scilicet de singulis decem animalibus, unum Corium placabile mercatoribus, tam de tota terra sua, quam de aliena.
III. Excepto quod de terris illis quas Dominus Rex Angliae retinuit in Dominio suo, & in Dominio Baronum suorum nihil se intromittet: Scilicet Durelina cum pertinentiis suis, & Media, cum omnibus pertinentiis suis, sicut unquam Murchait, Wamai, Leth-Lachlin eam melius & plenius tenuit, aut aliqui qui eam de eo tenuerint. Et excepta Wexfordia, cum omnibus pertinentiis suis; scilicet, cum tota Lagenia; & excepta Waterfordia, cum tota terra illa quae est à Waterfordia us (que) ad Dungarvan; ita ut Dungarvan sit, cum omnibus pertinentis suis, infra terram illam.
IV. Et si Hibernenses illi qui aufugerint redire voluerint ad terram Baronum Regis Angliae, redeant in pace reddendo tributum praedictum quod alii reddunt, vel faciendo antiqua servitia, quae facere solebant pro terris suis, & hoc sit in arbitrio Dominorum suorum, & si aliqui eorum redire noluerint, Domini eorum, & Rex Conaciae accipiat obsides, omnibus quos ei commisit Dominus Rex Angliae, ad voluntatem Domini Regis, & suam, & ipse dabit Obsides ad voluntatem Domini Regis Angliae illos vel alios, & ipsi servient Domino de Canibus, & Avibus suis singulis annis de pertinentiis suis, & nullum omnino de quacunque terra Regis sit, retinebunt contra voluntatem Domini Regis. His testibus Richardo Episcopo Wintoniae, Gaufrido Episcopo Eliensi, Laurentio Duveliensi Archiepiscopo, Gaufrido, Nicholao & Rogero Capelanis Regis, Gulielmo Comite Essexii, & aliis multis.
Whilst Reymond staid at Limrick, there came to him Dermond Mac Carthy, King of Cork, craving Aid against his Son Cormock Lehanagh, who had imprisoned him, and used him barbarously; Reymond assents upon the Terms agreed between them, conquers where he goes, subdues the Rebellious Son, and delivers him Prisoner to his Father, who unnaturally smote off his Head; and not long after (says Cambrensis) the Men of Cork, at a Parlee, not far from the Town, slew their Prince, the aforesaid Dermond mac Carthy, and most of his Company.
[Page 31] It seems that Dermond mac Carthy, King of Cork, gave unto Reymond, for this Expedition, a large Tract of Land in the County of Kerry, then reckoned part of the Kingdom of Cork; there Reymond setled his Son Maurice, who married Catherine, Daughter of Miles Cogan, and grew so Great and Powerful, that he gave Name both to his Country and his Family, this being called Fitz-Morris, and that Clan-Morris, and both the one and the other are enjoyed, to this Day, by his Lineal Heir Male, the Right Honourable William Lord Baron of Kerry.
Whilst Reymond was in the County of Cork, he received a Letter from his Wife in these Words.
KNow, my dear Lord, That my great Cheek Tooth, which was wont to ake so much, is now fallen out; wherefore if you have any Care or Regard of me, or of your self, come away with all speed.
By this Reymond knew that Strongbow was dead;27 May, 1177. but he wisely concealed it, and immediately returned to Limerick. And because he wanted the Soldiers to garrison the Towns near the Sea, he delivered the City to Donald, Prince of Thomond the King's Subject, upon a new Oath and Hostages; but he, as soon as the Garrison was out, perfidiously set Fire to the City in four Places, that it might be no more a Nest for English Men.
Thence Reymond marched to Dublin, and the Funerals of the Earl were there solemnized by the Archbishop of Dublin. The King's Messengers returned to England, with an account of the State of Affairs, leaving (with the Consent of the Council) the chief Government, with Reymond; who soon after surrendred to William Fitz-Adelm Ancestor of the Burks or Burghs (the King's Sewer or Taster) with whom were sent Courcy Fitz-Stephens and Cogan, as Counsellors and Assistants: He was allowed twenty Gentlemen, and they ten a piece. He landed at Wexford, whither Reymond marched to meet him; he viewed the Sea-Coasts, and took Care of the Towns and Castles that way, but did not much mind the Frontiers, against the Irish.
This William Fitz-Adelm was related to the Crown, for Arlotte, Mother of William the Conqueror, was married to Harlowen de Bourgo, by whom she had Robert, Earl of Cornwal, and Odo Bishop of Bayeux, half Brothers to the Conquerour; Robert had Issue, William Earl of Cornwall; who had Issue, Adelm and John; Adelm had Issue, this William Fitz-Adelm; and John had Issue Hubert de Burgo, that was Chief Justice of England, and Earl of Kent, and one of the [Page 32] greatest Men of his Time. And this William Fitz-Adelm, though he be represented as an ill Man, by the Historians of that Age, yet he founded one of the Best and Noblest Families in Ireland, viz. that of the Burks, which has yielded many Brave and Worthy Men, that have proved eminently serviceable to their King and Country, whereby their Name, Estate and Family are preserved in great Honour and Reputation to this Day.
John de Courcy, who marryed the Daughter of Gothred, King of the Isle of Man, had contracted an intimate and entire Friendship with Sir Armoricus Tristerum, alias, de Sancto Laurentio, who afterwards married his Sister. My Author says, they were sworn Brothers in the Church of Roan; but certainly there was such Kindness between them, that Courcy was resolved to share his Conquests in Ʋlster with him: And being troubled at the sordid Humour of Fzadelme, and simpathizing with the Wants and Grievances of the Souldiery, in February 1177,1177. he led forth twenty Knights and three hundred Foot-Soldiers, besides Servants, and marching through Ʋriel, in four Days (or rather early the fifth) he came to the City of Down, which, without Resistance, he took and rifled; for the Citizens were not in any Posture of Defence, because they had not the least Fear, or so much as a Thought of an Enemy. The Lord or Governour Dunlenns, or O Donel, perceiving the Amazement and Irresolution of his People, was necessitated to withdraw, leaving the Legate Vivianus to negotiate, in his behalf, with Courcy, and to offer him a Tribute, if he would peaceably retire; but Courcy was transported with some blind Phrophecies of Merlin and Columbus, which he interpreted of himself, and fancied nothing less, than the entire Conquest of Ʋlster; and therefore rejected all Overtures of Accomodation.
Whereupon O Donel, This Battle at large, Hanmer, 150. with the Assistance of Rotherick, and the rest of his Neighbours (who made it a common Cause) soon raised an Army of ten thousand Men, and with them designed to besiege the City of Down: But Courcy chose rather to fight a Battle in the Field, than stand a Siege in the Town, and the Success justified his Choice, for he routed the Enemy with great Slaughter, and took the Bishop of Down Prisoner; but at the Intercession of the Legate, he was released.
About Midsummer following, the Ulster Men, to the number of fifteen thousand, fought another Battle with Courcy, near Down, and though it was very Bloody on both sides, yet the Honour of the Day is by my Author given to Courcy.
[Page 33] His third Battle was in the Ferny, against eleven thousand Irish (the English not being above the tenth part of their number): The Occasion of it was thus; Sir John de Courcy had built many Castles in Ʋlster, especially in that part of it called Ferny, where Mac Mahon dwelt; he was very observant of Courcy, and made him his Gossip, and had sworn Fidelity to him, and had so far insinuated himself into Courcy's Favour, that the Britain gave him two Castles, with the Lands belonging to them; but within a Month Mac Mahon demolished both the Castles: And being asked the Reason, why he did so? he answered, That he did not promise to hold Stones, but Land; and that it was contrary to his Nature to live within cold Walls, whilst the Woods were so nigh. Courcy was netled with this slight Answer; and to revenge the Affront, entred the Ferny, and took so large a Prey of Cows, that he was obliged to divide them into three Droves, for convenience of Driving; the Ways were boggy, and also so narrow, that the Prey filled the Road for three miles together. The Irish, observing these Circumstances, set upon the English, with such Briskness, Noise and Clamour, that forced the Cows back, and made them run, like Devils, upon their Drivers, so that they overthrew both Horse and Man, and trod more underfoot than were slain by the Sword: In a Word, the English were routed, and although they had slain nineteen score of the Irish, and their General, Mac Mahon, himself, yet they were forced to run for their Lives, and much ado they had to recover an old Fort of Courcy's; where they made a shift to secure themselves, although the Irish were encamped vey near them.
About Midnight Sir Amorick went to view the Posture of the Irish, who (not in the least mistrusting that a baffled handful of Men, would dare to attempt them) were in a loose and negligent Condition, most of them asleep, even their very Guards and Centinels. This being reported to Courcy, they easily agreed to make use of this Advantage; and immediately with all their Force fell upon the Irish, and surprized them to that degree, that they could make no Resistance; so that they were all slain, except two hundred, who made their escape; and of the English there were but two killed in this Encounter, and four hundred the Day before.
About this Time the Legate, Vivianus, held a Synod at Dublin; in which he published the King's Title to Ireland and denounced Excommunication against all that should oppose it: He also gave Leave to the English, to take out of the Churches and Monasteries such Corn and other Provision as they should at any time need, paying the true Value [Page 34] thereof, for the same: He gave the People Indulgences, and they gave him Money; and so they parted very well pleased on both Sides.
Miles Cogan and young Fitz-Stephens invaded Connaugh, as far as Tuam, but could not make any Stay there for want of Victuals, for the Inhabitants had removed or destroyed all their Provision, and fled away, upon the News of the Approach of the English. And here let me observe, once for all, That want of Provision hath frustrated more great Designs, and well-contrived Expeditions in Ireland, than any other Defect or Accident whatsoever.
But Rotherick King of Connaugh, having Notice of this March, and knowing the English would be forced to return in a little Time for want of Victuals, he placed an Ambush in a covenient Station; which, according to their Orders, fell upon the English, in their Retreat, but did no greater Mischief than the killing of three English Men, and that with the Loss of many of themselves.
This Governour, Fitz-Adelm, was very unkind to Reymond and all the Geraldines, and indeed to most of the first Adventurers: He forced the Sons of Maurice Fitz-Gerald to exchange their Castle of Wicklow for the decayed Castle of Fernes; and when they had repaired that Castle of Fernes, he found some Pretence or other to have it demolished. He took from Reymond all his Land near Dublin and Wexford: He delayed the Restitution of Fitz-Stephens to his Lands in Ophaly, till he made him consent to accept of worse situated Land, in lieu of it. He made his Nephew, Walter Almain, (a corrupt beggarly Fellow, says Cambrensis) Seneschal of Wexford and Waterford, who received Bribes, from Mac Morough of Kensile, to prejudice the Fitz-Geralds; and so Mercenary was Fitz-Adelm himself, that the Irish flock'd unto him, as to a Fair, to buy their Demands. At last, having neither done Honour to the King, nor Good to the Country, he was revok'd, and in his Room the King appointed Hugh de Lacy, 1179. Lord Justice of Ireland, to whom Robert le Poer, the King's Marshal, Governour of Waterford and Wexford, was made Coadjutor, Counsellor or assistant.
The King,Lib. G. Lamb. at a Parliament held at Oxford, anno 1177, had given the Kingdom of Cork, The Patent. from the River next Lismore, running between that and Cork (i.e. the River Bride) to Knock-Brandon, near the Shenin, and so to the Sea, unto Cogan and Fitz-Stephens; Tenendum of him and his Son John, per sexaginta feoda militaria; except the City of Cork, and the Cantred adjoyning, which was the Eastmens.
[Page 35] He also gave the Kingdom of Limerick to the Brothers and Nephew of Richard Earl of Cornwal; but they finding they could not get Possession, in a little Time surrendred their unprofitable Grant: Whereupon the King bestowed it upon Philip de Broase, to be held of the King and his Son John, by sixty Knights Fees; and the City, and a Cantred adjoyning, were likewise excepted out of this Grant.
These three Adventurers joyned their Forces together, and came to Waterford in November, and so coasted it to Cork, where they were kindly received by Richard de Londres, the Governour.
Cogan and Fitz-Stephens agreed with Mac Carthy, and the Irish Gentry; That they should hold four and twenty Cantreds, paying a small yearly Rent; and of the seven Cantreds, near Cork, Cogan had the four Southern, and Fitz-Stephens, the three that were on the East-side of the City.
The Kingdom of Cork being thus setled, they marched with Broase to Limerick, with sixty Gentlemen, one hundred and fifty Horse, and a smart Party of Foot: As soon as the Citizens perceived them, they set the Town on Fire; at which desperate Barbarity, Broase was so offended, that he could not be prevailed upon, by any Arguments, to settle there, or to have any thing to do with such Rash and Heathenish People, and therefore they returned to Cork; which for some Time after, Cogan and Fitz-Stephens joyntly and happily governed.
This Kingdom of Cork descended to Daughters,Hooker, 46. Hanmer, 158. Brady, 369. and so came by Marriage to Robert de Carew and Patrick de Courcy, about the twentieth Year of the Reign of Henry III. Courcy's part of it was afterwards subdvided among many Daughters, who were Heirs General of that Family, so that a very small Proportion of it remains with the Heir-Male of that Name, who was anciently Baron of Ringrone, but now has the Title of Lord Baron of Kingsale. As for the Carews, they were Marquesses of Cork, and built the Castles of Ardtully, Dunkeran and Down Marque; but they removed out of Ireland, in the Time of the Civil Wars between York and Lancaster, and others intruded into their Possessions and Estate, and keep them to this Day, except what they have sold or forfeited.
About this Time Sir Thomas de Clare obtained a Grant of Thomond, Davis, 122. as Otho de Grandison did of Typerary, and Robert le Poer, of Waterford, and William Fitz-Adelm also got a large Proportion of Connaugh.
But it is time to return to the valiant John de Courcy, Brady, 368. who was engaged in Ʋriel, on this Occasion; he had sent into England for Victuals, Ammunition and other Necessaries; the [Page 36] Ship, by Stress of Weather was driven into a Creek, called Torshead; O Hanlon and his Followers immediately came on Board the Vessel, and murdered all that were in it, and seized on the Cargo. As soon as Courcy had Notice of this Misfortune, he drew his Men together, being above a thousand, and marched towards the Newry; on the Way he received Advice, That the Irish were encamped near Dundalk, in a great Body, to the Number of seven thousand: Courcy sent a Fryer to them, and instructed him to tell them, That there were great Forces arrived at Drogheda, from England, and that they were very near them; and to justifie this Story, the English did march with the greatest Shew and Appearance they could make, and made a great Shout, wherewith the Enemy was so daunted, that they fled towards the River, in great Confusion; but the Tide being in, many were drowned, and more were slain: However, O Hanlon, and the greatest part of his Army, got over the River; but the Frier guided the English over a Ford, so that they came to a second Encounter, wherein the Irish were so desperate, That the English Foot were forced to retire; but the Valiant Sir Armorick, came in seasonably to their Rescue, and persuaded them to rally, and to make another Charge, which they performed so briskly, that the Irish were obliged to withdraw to the Fews, as the English also did to Dundalk, neither Party much boasting of the Victory, because the Slaughter was great on both sides.
About this time two Cardinals come to England, to invite the English and Irish Bishops to the Council of Lateran: There went from hence Lawrence Archbishop of Dublin, Catholicus Archbishop of Tuam, and others; but all of them first swore, Not to procure any Damage to the King or his Dominions:Sullevan. Which Oath Lawrence did not very religiously observe, for he not only spoke vehemently, in the Council, against the King's Administration of Affairs in Ireland, but (as the Irish say) he obtained a Bull of Revocation from the Pope, annulling the former Bulls granted to the King: But this is not probable, because no such Bull is extant, and if there were, it would be void; but it is certain he was an inveterate Enemy to the English, and gave them all the Opposition and Disquiet he could. However, he was reputed a very Holy Man, being zealously addicted to the Superstitious Devotion,Hanmer, 163. so that he was canonized by Pope Honorius III. This is recorded of him, That he was so grateful to the See of Rome for his Pall, or so great an abhorrer of Immodesty, that he refused to absolve the Priests convicted of that Sin, insomuch that he sent one hundred and forty of them to Rome, to pay for their Absolution there.
[Page 37] But it is time to return to the Lord Justice Lacy, who govern'd very well, and built many Castles in convenient Places, and particularly Castle-Dermond, Leighlin, Leix, Delvin, 1180. Carlow, Tullaghphelim and Kilka; and Courcy was no less diligent in raising that kind of Fortification in Ʋlster: However, Lacy had given just Cause of Jealousie, by marrying the Daughter of Rotherick, King of Connaught; whereupon his Enemis impeached him, suggesting that he confederated with the Irish, to raise a Monarchy for himself: Whereupon he was recalled, and the Government committed unto John Constable of Cheshire, May, 1181. Baron of Halton-Castle, and Richard de Peach, Lord Bishop of Coventry, Lords Justices of Ireland: But they continued in that Dignity but three Months; for Lacy behaved himself with that Discretion and Modesty, and gave the King such Satisfaction, in all Matters objected against him; That, Hugh de Lacy, August. 1181. Lord Justice, was again sent over, with Robert of Shrewsbury, a Clergy-man, his Assistant; and about the same time the famous Courcy also returned, being Dignified with the Titles of Lord of Connaught, and Earl of Ʋlster, and accompanied with his Brother S. Laurence. There were some who reported, That these two fought a successful Battle with the Irish,Brady, 367. at the Bridge of Ivora, near the Hill of Hoath, where the Valour of S. Laurence was so conspicuous, that it got him both the Land and Title of Hoath; which last continues to this Day in his Name and Family.
We left Cogan and Fitz-Stephens in the peaceable Enjoyment of their Kingdom of Cork; but we shall not find them so, for Cogan and young Fitz-Stephens, at the Persuasion and Invitation of one Mac Tirid, made a Journey to Lismore, to treat with the Men of Waterford about some Controversies that were between them; they were to lodge at Mac Tirid's House, but he perfidiously took his Opportunity, and unexpectedly fell upon them, and murdered them and five of their Company.
Immediately the whole Country was up in Arms, and conspired a general Rebellion, Donald More in Curraugh, Mac Carthy (whom the Irish still called King of Cork) got his Forces together, and laid Siege to the City, not doubting but that he had now a favourable Opportunity to expel the English thence.
The Poor Old Fitz-Stephens was in a sad Condition, distressed by Enemies without, and Suspicions of Traytors within; he had no Hopes of Relief or Assistance, saving only from Reymond le Gross, who lay at Wexford; to him a Messenger was sent, and without Delay put to Sea, with [Page 38] twenty Gentlemen, and one hundred Archers, and entred the River of Cork; whereupon the Enemy dispersed, and all was set at Rights again.
Nevertheless, as soon as the King heard of the aforesaid Treachery, he sent Richard Cogan, Philip Barry, Giraldus Cambrensis, and a Good Party of Horse and Foot, to help Fitz-Stephens; by their Assistance the City and Kingdom of Cork were kept in Quiet for some Time; but the Old Fitz-Stephens had but little Benefit of it, for being much broken with Age and Misfortunes, he first lost his Senses, and not long afterwards his Life.
But Lacy, the Lord Justice, was again become suspected; for as he grew Great, his Enemies grew Envious, and the King Jealous, so that he was once more sent for, and,
Philip of Worcester, September, 1184. Lord Justice or Governour of Ireland, came over with a smart Party of Horse and Foot; he also brought with him Hugh Tirrel, a Man of ill Report: He was not long in the Government, before he seized on the Lands of O Cathesie to the King's Use, though Lacy had formerly sold them: He also went a Circuit, to visit the Garisons, and in March came to Armagh, where he exacted from the Clergy a great Sum of Mony; thence he went to Down, and so to Dublin, loaden both with Curses and Extortions. Tirrel took a Brewing-Pan from the poor Priests at Armagh, and carried it to Down, but the House where he lay was burnt, and so were also the Horses in the Stable, so that he was fain to leave the Pan, for want of Carriage; and Philip had a severe fit of the Gripes, like to cost him his Life; both which Punishments (they say) were miraculously inflicted upon them for their Sacrilege.
In July came over John Comin, Archbishop of Dublin, to prepare for the King's youngest Son, John Earl of Moreton; to whom the Kingdom of Ireland was assigned, towards his Portion.Brady, 369. Some say that he was made King of Ireland at the Parliament held at Oxford, 4 Inst. 360. anno 1177. his Father having obtained Licence from the Pope, to make which of his Sons he pleased King thereof, saving to the See of Rome the Peterpence, and the rest of its Rights: And it seems Pope Ʋrban the Third sent Cardinal Octavianus and Hugo de Nunant, his Legates, to crown John King of Ireland, and by them sent him a Crown of Peacocks Feathers: But King Henry better considered of that matter; and either because he would not seem to derive his Son's Title from the Pope, or because he was loath to trust his Son with that Royal Stile (having already suffered by the like Indulgence to his eldest Son) or because he saw it Inconvenient and Illegal, to separate Ireland [Page 39] from the Crown of England: It is certain he found means to carry the Legates with him into Normandy, and thereby prevented that (once designed) Coronation: So that the Impression of the Great Seal of Ireland was no more than this, ‘Johannes Filius Regis Angliae,Speed, 478. Domini Hiberniae.’
Earl John was then about twelve Years old, when on Wednesday in Easter-week,1185. anno 1185, with about four hundred Gentlemen, most Normans, some Clerks, and particularly Giraldus Cambrensis, and a great Company of others, he took Shipping at Milford-Haven, being accompanied to the very Ship by Randulph Glanvile, principal Counseller of the King and Kingdom, and Justiciary of England.
The Irish Potentates flock'd to their new Prince; but their Trouses and Mantles, their Glibbs and Behaviour, were derided by the Normans, who used them scurrilously; one pats the Irish Prince on the Pate, another pulls him by the Mantle, a third pricks him in the Breech with a Pin, a fourth shuts the Door upon his Heels; every Body abuses them: Wherefore away they get as fast as they can, and everywhere publish'd the Ill Usage they received at Court. Rotherick O Conner, Mac Carthy and O Bryan, were then preparing for their Journey; but upon this News, they better considered it, and confederated to raise a general Rebellion.
There were many Reasons why Earl John's Voyage to Ireland was not successful. The Superstitious People observ'd, That he had not pay'd his Devotions at S. Davids, before he imbarqued; and attributed it to that. Others blamed him and his Followers more for their Rude and Ungenteel Abuse of the Irish Lords and Gentlemen. Others imputed all to the Debauchery of the Soldiers, who, by the example of their Captains, were grown Idle and Insolent: Wherein they were the more indulged, because they were ill paid. To these may be added the Litigiousness of the Natives in Towns and Cities; who were perpetually wrangling with and suing such new Inhabitants as came to settle among them. But there was a greater Cause than all these; which arose from the different Interests then in Ireland; which in [...]luenced the Normans, English, Welch, and the Natives. The Normans were most in Favour, and consequently luxurious; they always followed the Court, and hated to be put in Frontier Garrisons or Places of Danger: They were (says Cambrensis) great Talkers, Boasters and Swearers, very Proud, and Contemners of all others, greedy of Places [Page 40] of Places of Honour and Profit, but backward in undertaking any hazardous and dangerous Action, or performing any Service that might deserve them.
Moreover, many of the English and Welch were dispossest of their best and safest Castles, to make Room for the Normans, and forc'd to take others, in Exchange, on the Frontiers; by which means they were impoverish'd and discourag'd.
Add to this, That several of the faithful Irish, who had submitted to the English Government, and lived within their Quarters; and thereby became acquainted with the English Conversations, Humors, Strength, Policies, Seats and Habitations, were likewise dispossess'd, to make Room for the Normans, and thereby forced to revolt to the Irish, and became the most Dangerous of all the Enemies, as being most Knowing and most Provok'd. And thus it came to pass, that after Earl John had wasted his Army in small and unprofitable Skirmishes, and had staid eight months, and done no other Good, than that he built the Castle of Tybrach (perhaps Typerary) Lismore and Ardfinin, the King sent for him and his Beardless Counsellors; and in his Room substituted▪ John de Courcy Earl of Ʋlster, Lord Lieutenant of Ireland; he brought over with him about four hundred Volunteers:1185. September. And soon after his arrival, he made a Progress into Munster and Connaught, to put those Countries in order; but it seems he fell into an Ambush, or had some Skirmish with the Irish, for it is said, That he lost twelve Knights in his Return from Connaught. 1186. On Midsummer-day the Prime of Limerick slew four Knights, and a great part of the Garrison of Ardfinin: And soon after, by a Slight, drew that Garrison into an Ambush, by exposing a Prey to their View, which they thought to have taken; but he fell upon them and surprized and slew most of them. But the Irish had not so good luck in Meath, where they of Kenally had made Incursions and taken a Prey, for William Petit rescued the Prey, defeated them with great Slaughter, and sent an hundred of their Heads to Dublin.
Old Lacy was now busie, building his Castle of Derwath, and himself working with a Pick-ax for Diversion, when one of the malicious and ungrateful Workmen, took the Opportunity, whilst he was stooping,Cambden, 151. and with another Pick-Ax knock'd out his Brains: And it seems there was an Insurrection thereupon; for it is said, That Courcy and Young Lacy revenged the Murder, and reduced all things to quiet.
But it seems, afterwards there grew some Distast between Courcy and Lacy, so that Lacy, who was the better Courtier, supplanted Courcy, who was the better Soldier, and got himself into his Room.
[Page 41] This Courcy came from Stoke-courcy, commonly call'd Stogussy, in the County of Somerset. I find that Robert de Courcy was made a Baron at Westminster, 33 Henry 1. but whether he was the Ancestor of this Family I will not determine. This Earl of Ʋlster had a natural Son (John Lord of Kilbarrock and Raheny) who was murdered by the Lacyes; so that it is the Brother of this Earl John, that was the Ancestor of the Noble Family of Courcy, Lord Baron of Kingsale.
In the mean time King Henry died in Normandy, on the sixth Day of July 1189. He was so well pleased with the Conquest of Ireland, Davis, 11. that he placed the Title of Lord of Ireland, in his Royal Style, before his Hereditary Estates of Normandy and Aquitain: Baron Finglas, M. S. And yet that Country was at that Time so inconsiderable, or so little improv'd, that there were not five Castles, or Piles for Defence, of Irish building in the whole Kingdom: Dublin, Cork and Waterford were built by the Easterlings, and all the rest have been built since the Reduction of Ireland.
This King was both Wise and Valiant; he was also Generous to the highest Degree, so that he deserved to be ranked among the bravest Princes of that or any other Age; and perhaps had made as great a Figure in History as any of them, if the Undutifulness of Becket, and the Rebellion of his own Sons, had not interrupted his Designs. However there are some, who will never forgive him the Conquest of Ireland; and therefore do load his Memory with many Malicious Aspersions, equally Ridiculous and False:Polichronicon, l. 7. c. 21. They say, his Grandmother could not endure the Mass; and that her Husband ordered four Knights to hold her by Force whilst the Priest was celebrating, but in spight of them she flew out of the Window, with two of her Sons, and was never seen after: And that 'tis no Wonder they that come of the Devil should go to the Devil. And that King Henry's Embassador urging the King's Son to have Peace with his Father; was answered, That it was Natural to their Brood, to hate one another; That Henry was a Bastard; and that S. Bernard the Abbot prophesied of him, That from the Devil he came, and to the Devil he should go; That his Father had gelded a Bishop, and that himself had murdered S. Thomas of Canterbury; That his Father had Carnal Knowledge of Henry's Queen Elianor; and abundance more of such silly Stuff.
THE REIGN OF John Earl of Moreton, LORD of IRELAND, Afterwards King of England, Duke of Normandy, &c.
RICHARD I, 1189. (for his Valour Sirnamed, Ceur de Lyon) by unquestionable Right, Succeeded his Father on the Throne of England, and was crowned at Westminster, the third Day of September, 1189; but his Style was no more than,Speed. 482. Rex Anglor. dux Normannor. & Acquitan. & comes Andegavor. For,
John Earl of Moreton, youngest Son of the deceased King, by virtue of the aforesaid Donation, at the Parliament at Oxford, anno 1177, succeeded his Father in the Sovereignty of Ireland: And therefore we find the Pope's Legate had Commission to exercise Jurisdiction in Anglia, Davis, 19. Wallia, & illis Hiberniae partibus, in quibus Johanes Comes Moretonii potestatem habet, & dominium.
For tho' it be a Fundamental Maxim of State, That Ireland must not be separated from the Crown of England: And tho' it be also an undoubted Maxim of Law, That the King cannot alien any part of his Dominions; yet neither of these were thought to be transgressed by the aforesaid Donation, [Page 43] because it was made to the King's Son; whose Interest and Expectations in England, were thought to be sufficient Security for his Good Behaviour.
What Controulment Earl John might have met with, in the Soveraignty of Ireland, if the King (Richard) had been at Leisure to inspect that Matter, is incertain: But it is manifest, That the King was so taken up with his Voyage to the Holy Land, and so embarassed by the unfortunate Consequences of it, that he never did take any notice of Ireland; and therefore we take no further notice of him, than to give this brief Account of the Reason of our Silence in that Particular.
Hugh de Lacy was made Lord Justice of Ireland, as aforesaid: And as soon as he arrived, he sent Imperious Letters to Courcy, to discharge him of his Command; and behaved himself so insolently, that all was in Disorder: Which the Irish perceiving, and also that the King of England was preparing for a Voyage to the Holy Land, they thought this an happy Opportunity to extirpate the English; to which End they had a General Meeting, and resolved unanimously to fall upon them;Hanmer, 169. and in order to it they entred into a League or Association, and solemnly swore; First, To be true to one another, and to the common Cause. Secondly, Never to yield any Obedience to the English again.Ibid, 162. And to begin the Business, they fell upon Roger Poer, Governour of Leighlin, and barbarously murdered him and most of the Garrison.
Cormock O Connor (Son of Rotherick) King of Connaught, commonly called Crove Darig (because his Hand was red) was the chief of the Conspirators; he was an Active Valiant Gentleman, and of so great Reputation, that he was able to assemble twenty thousand Men of his own and the Confederates; with which Army he designed, first to clear Connaught, then Ʋlster, and afterwards the whole Kingdom.
In the mean Time Courcy Lord of Connaught and Earl of Ʋlster, considering that he should have no Aid nor Help from the Lord Justice, endeavoured to strengthen himself the best he could; and to that End sent for his Brother, S. Lawrence▪ who made more Haste than good Speed, for he came away with thirty Horse and two hundred Foot, and at Knockmoy, in the County of Galway, fell into an Ambush, the King of Connaught had laid for him; and tho' they fought so valiantly, that they killed one thousand Irish Men, yet the Issue was, That this small Army was totally destroyed, not one escaping.
[Page 44] And tho' O Connor, in Remembrance and Ostentation of this Victory, did there build the Abbey de Colle Victoriae; yet when he had well considered the prodigious Valour of that Handful of Men, and his own Loss, he thought himself necessitated to sue to Lacy for Peace; which he soon obtained, upon reasonable Conditions.
About this Time Robin Hood and Litle John were Famous Robbers in England; but their Company being dispersed, and Robin Hood taken, Litle John fled to Dublin, and shot an Arrow from Dublin-Bridge to the litle Hill in Oxman-Town, thence called Litle John's Shot. He was called Litle John Ironically, for he was not less than fourteen Foot long (believe it who will). Hector Boetius affirms, The Hole of his Huckle Bone was so big, that he could thrust his Hand through it. He fled from Dublin to Scotland, where he dyed.
This Year Isabel, 1189. only Daughter of Strongbow, by Eva Prencess of Leinster, was married to William Lord Maxfield, Earl Marshal of England: He was a great Favourite to King Richard; and at his Coronation carried the Regal Scepter, whereon was a Cross of Gold. He was afterward by King John, Hanmer, 177. created Earl of Pembrook; and had five Sons who were successively Earls, and all died without Issue; and he had five Daughters, among whom his Estate was divided, (viz.) to Joan the County of Waxford, to Matilda the County of Caterlough, to Isabel the County of Kilkenny, to Sybilla the County of Kildare, and to Eva the Mannor of Downmass in Leix (now the Queen's County); in all which they exercised Palatine Jurisdiction.
Of this Family, Thomas Mills, in his Catalogue of Honour, gives this Account; That Richard Earl of Chepstow was nicknamed Strongbow because of his exceeding Strength, so that he drew an traordinary Srong Bow; his Arms were so long that he could stand upright, and with the Palms of his Hands touch his Knees; That his Daughter Isabel was fourteen Years a Ward to Henry II; That her Husband William, Earl Marshal, was created Earl of Pembrook, 27 May, 1199; and that she dyed anno 1221, and was buried at Tintern Abbey; and that he dyed 16 March, 1219. They had five Sons and five Daughters; William married Elianor, Sister of Henry III, and died the sixth of April 1231. Richard died the sixteenth of April 1234. Gilbert married Margaret, Daughter of William King of Scotland 1235, and died by a fall from his Horse the twenty eighth of May 1242. Walter died 1245 in Wales; and Anselm died the same Month, viz, the twenty first of December: Maud successively married Hugh Earl of Norfolk, William Earl of Warren, and Walier Lord [Page 45] Dunstanvil; Joan married Warren Lord Montchensy, the richest Baron in England; Isabel married Gilbert Earl of Glocester, and afterwards Richard Earl of Cornwal, King of the Romans; Sybil married William Earl of Ferrers and Darby; and Eve married William de Brees, Lord of Brecknock; and Partition was made between these Noble Coparceners at Woodstock, Lib. G. May 3. 31 Hen. 3.
About this Time,1190. viz. Anno 1190, the City of Dublin was burnt by Accident,1191. so that it was almost totally destroyed; and the Kingdom was governed by William Petit, Burlace, 11. who held it a very short Time before.
William Earl of Pembrook, and Earl Marshal of England, came over Lord Justice or Governour of Ireland; he was the third of the Temporal Assistants, King Richard had left to the Bishop of Ely, for the Government of England; he was a Valiant Man, and had a great Estate in Ireland; 1191. and therefore was thought the fittest Governour for that Country, in this Critical Time, whilst King Richard was Prisoner in Austria, and Earl John was engaged in Troublesome and Ambitious Designs in England.
In the Year 1194. the Reliques of S. Malachy, Bishop of Clareval, Cambden, 151. were brought into Ireland, and with great Reverence and Devotion deposited in the Abby of Mellifont, and other the Monasteries of the Cistersian Order.
It seems the Reputation or Power of this Noble Governour was sufficient to keep Ireland quiet;1197. for we read of little or no Disturbance there, during his Time, which was about six Years: And then he resign'd to
Hanno de valois, a Gentleman of Suffolk, Lord Justice of Ireland, who continued in that Government until the Death of King Richard; which happened at Chalons in France, on the sixth Day of April, anno 1199.
John Earl of Moreton and Lord of Ireland, did on the Death of King Richard, without Title, ascend the Throne of England: Hubert Archbishop of Canterbury was a great assistant to this Usurpation; he told the People, That John had the Crown by Election; which the King did not then gain-say, it being no fit Time to dispute the MANNER, so he had the THING he aimed at; but the Right was in his Nephew Arthur, whom he afterwards got into his Hands, and caused him him to be murdered (as was at that Time generally reported and believed);Camden's Annals he was crowned on Ascension-Day, by the said Archbishop,1199. at Westminster, with great Solemnity; and not long after he was girt with the Ducal Sword of Normandy, by William Archbishop of Roan.
[Page 46] Hanno de Valois, Lord Justice, continued so the first Year of King John; but then he fell into such Disgrace, that he was not only remov'd from his Government,Libb. GGG. but also was obliged to give the King a thousand Marks,Lamberh. for his Favour, and for a Discharge of his Accounts about Ireland: And, Meyler Fitz-Henry, 1200. Natural Son of King Henry I, by Nesta, Mother of Maurice Fitz-Gerald, 1202. was made Lord Justice; in whose Time (May 4. 1202.) King John granted (that is confirmed) the Archbishoprick of Armagh to Humphry de Tickhul; but Ralph le Petit Archdeacon of Meath, pretended that the Election fell on him, and resolved to contest it with Tickhul. 1203. In the mean Time the Pope appointed one Owen mac Gillevider; but the King was so angry with him, that he prohibited all the Clergy from owning him as Archbishop: And to prevent him, the King (on the Death of Tickhul, Ware de Presul. 17. anno 1203.) confirmed Ralph le Petit in the Archbishoprick: Nevertheless Owen so managed the Matter, that he enjoyed the Archbishoprick, and was restored to the King's Favour: He had the Character of an Honest and Worthy Prelate; and was present at the Lateran Council, in Quality of Primate of all Ireland.
The King had given to William de Braos and his Heirs, the Honour of Limerick, with the Appurtenances, as Henry II, gave it to Philip, Unkle of William, except the City of Limerick, and the Donation of Abbies and Bishopricks, the Cantred of the Oastmens, and the Holy Island, and the Services of William de Burgo; which the King retained to be held by sixty Knights Fees.
But I do not find that William de Braosa had any great Benefit of this Grant; for being a bold and a generous Man, and abhorring the Murder of Duke Arthur, the King's Nephew; which he verily believed was done by the King's Command, as did likewise John de Courcy; they both spoke more than came to their Share: And thereupon Braosa fled into Ireland, with his Wife and Children; from whence he afterwards removed to the Isle of Man, and thence to France, where he dyed; but she and her Son were taken in a Castle in Meath; Speed, 508. and tho' she sent the Queen a strange Present of four hundred Cows and a Bull, all White but their Ears, which were Red; yet that could not make her Peace, but that she and her Son were sent Prisoners to Windsor, where they were starv'd to Death, as was said.
And as for Courcy, the King, to mortifie him, appointed his Inveterate Enemy and Competitor, Hugh de Lacy, 1203. Lord Justice of Ireland, and gave him Order to arrest Courcy, and send him Prisoner to England: But Courcy had some Intelligence, or at least Jealousie, of the Design; [Page 47] and therefore kept upon his Guard so cautiously, that Lacy could not surprize him; Wherefore he levied an Army and invaded Ʋlster; at Down both Parties met, and the Valiant Courcy sent Lacy back with Blows and Shame enough.
After this Bloody Victory, Courcy offered the Combat, which the Lord Justice (in his Politick Capacity) refused to undergo against a Subject and a Traytor; wherefore he took a wiser Course, and by his Proclamation offered a large Reward to him that should bring in Courcy alive or dead: But this not taking effect, he dealt with some of Courcy's Servants, to seize their Master on Good-Friday, whilst unarmed, he should be doing Penance, and walking Bare-foot about the Church-Yard of Down, as he was wont to do every Year. They undertook the Matter, and effected it, with the Slaughter of two of the S. Lawrences, who attended their Unkle Courcy that Day: But the Traytors paid dear for their Perfidiousness; for Courcy, with a Wooden Cross, which he got in the Church-Yard, killed thirteen of them; and the rest were sent by the Lord Justice into England, with this Pasport (which they were obliged not to open, till they were in Necessity of it.)
I Hugh de Lacy, Lord Justice of Ireland, Servant to my dread Sovereign Lord King John; To all them that shall read these few Lines, greet:
Know ye, That these Men, whose Names are underwritten, sometimes served Sir John de Courcy, late Earl of Ulster, but now in Durance, in the Tower of London, and for a Sum of Mony betraied their own Master into my Hands, I deem them no better than Judas the Traytor: How hardly soever I have conceived of Courcy, I hold them to be a thousand times more damnable Traytors. Wherefore let no Subject in the King's Dominions, give them any Entertainment; but spit in their Faces, and suffer them to rogue and wander about as Jews.
The Lord Justice provided a Barque and Victuals for them, but denyed them Pilots or Seamen; so that being sufficiently tossed at Sea, they were driven into Cork, and were there taken, and afterward hanged, by Order of Lacy; who shewed himself Generous in this one thing, That though he loved the Treason, he hated the Traytor.
And thus was the Valiant Courcy condemned to perpetual Imprisonment in the Tower of London, and that Lacy might personally solicit a Reward for this great Service, he had leave to come to Court: And,
[Page 48] Myler Fitz-Henry was again made Lord Justice:April. 3. 1205. The Historians of that Age make honourable Mention of him; He died Anno 1220. and was buried in the Abby of Conal, which himself had founded; and on his Tomb was this bald Epitaph,
But Hugh de Lacy's Services were so well accepted in England, May 2. 1205. that the King gave him the Earldom of Ʋlster, as fully as Courcy held it the day he was taken, except the Donation of Bishopricks and Abbies; and because the King had occasion of Lacy's personal Attendance in England, therefore he gave Charge to the Lord Justice, to defend and preserve Lacy's Lands, as he would the Demesnes of the Crown.
On the 30th. of August, Lib. GGG 6. A Writ was sent to the Lord Justice, commanding him to build a strong Castle at Dublin to defend that City, and to preserve the King's Treasure; and the Second of November following, the King by Writ commanded Walter de Lacy to put Limerick into the Lord Justice's hands, because, without it, he could neither keep the Peace in Cork nor Connaught.
The same Year the King of Connaught releas'd two Parts of that Country,1206. retaining the Third at the yearly Rent of an hundred Marks; and the next Year offered to continue Tenant to the same Third part, at the aforesaid Rent of one hundred Marks per Annum, to be held per Baroniam, and to pay a yearly Tribute of three hundred Marks per Annum for the other two parts, saving and reserving to the King two Cantreds with the Inhabitants, and liberty of building Castles therein.
The King liked the Proposal well enough, and communicated it to the Lord Justice, and referr'd it to him; adding, That it would do well, if the Lord Justice could squeeze a Fine of four hundred Marks from the King of Connaught, together with a yearly Tribute of Cows,1208. to supply such Castles as should be built in those Cantreds.
Hugh de Lacy was made Lord Deputy, upon the Lord Justice his going to England; and soon after, viz. the Eighth of November, the King (by Patent Dated at Woodstock, whereunto Meyler Fitz-Henry Lord Justice is Witness) did confirm to William Fitz Philip Barry the three Cantreds of Olethan, Muskry Dunegan, and Killedy, which Fitz Stephens had given his Father in the Kingdom of Cork, 4 Inst. 359. to be held of the King by Ten Knights Fees;Lib. GGG. and he also granted to William [Page 49] Marshal, the Marshalship of Ireland in Fee, as also the Cantred of Kilkenny.
About this time Jeofry Morison (or Mac Moris) was troublesome in Munster; wherefore the Lord Deputy invaded Typerary, Hanmer, 186. and took Thurles; he also took Castlemeyler, and demolished it; but the Irish say, he lost more men in this Expedition than he brought back.
And now the King finding many Complaints of Thieves, Tories and Robbers, which were become a Nusance in Ireland, sent the following Writ for their expulsion:
REX Meyler, Prin, 250. fil. Henr. Justic. Hiberniae, &c. & omnibus aliis Baron. & fidelibus suis Hibern. &c. Sciatis quod ad voluntatem & consilium dilectorum & fidelium nostrorum Com. W. Maresc. & Walteri de Lacy, & aliorum Baronum nostrorum Hibern. qui nobiscum fuerunt in Angl. & per consilium fidelium nostror. Angl. volumus & statuimus quod Latrones Hibern. expellantur de Terra nostra Hibern. & quod ipsi & receptores eorum deducantur secundum Legem Angl. & ideo vobis mandamus, quod ita fieri faciatis; & in hujus rei testimonium has Literas nostras Patent. vobis mittimus, Teste Meipso apud Southhampt. 23 Die Martii.
But Lacy was so elevated with the aforesaid Victories; (how dear soever they were bought) that he look'd on all below him with Contempt, and became so impatient of Competition, that he was outragious against all his Enemies, and particularly against John de Courcy, Lord of Raheny, and Kilbarrock (Natural Son of the great John de Courcy) whom the Lacies basely and barbarously caused to be murdered; whereupon great Stirs and Dissatisfactions arose in Ireland, even among the British, Temple 6. whereof the Irish made their advantage;Hanmer 187. and under pretence of being burdened with Taxes, there was a general Defection throughout all the Realm.
Dublin was inhabited mostly by a Colony of Bristol Men,1209. and it was customary with them for love of Sport and Air, to walk abroad toward Cullenwood every Easter-Monday; but now being unarmed, they were surprized by the Mountaneers of Wicklow (the Birnes and Tooles, &c.) who murdered three hundred of the Citizens; wherefore that Day is ever since called Black Monday; and for a long time after, was solemnly observed by the Mayor, Sheriffs and Citizens of Dublin, in a brave and splendid manner; and to supply this Loss, the City of Bristol sent a new Colony to replenish Dublin.
But the King, as well to secure his goverment from the ambition of Lacy (whereof he grew exceeding jealous) as also to suppress [Page 50] the Rebellion of the Irish, found it necessary to make a Voyage to that Countrey; and therefore with a considerable Army he sailed thither, and on the Eighth Day of June landed at Waterford, 1210. where O Neal, and above Twenty other Irish Potentates came and made their humble Submissions, and did Homage and Fealty unto him.
The Lacies conscious of their Demerits, durst not abide the Arrival of the King, but secretly fled into France, where (in Disguise) they served the Abbot of St. Taurin, in the quality of Gardeners, till their unskilfulness manifested they were not educated in that way, which gave the Abbot some suspicion of them; and that led him into so strict an Enquiry, that to satisfie the Abbot, they were obliged to discover the Truth:Speed 508. The good man did so sympathize with their Misfortunes, and pitied their Distress, that he effectually interceded with the King for their Pardon, which at length he obtain'd; Walter paying for Meath 2500, and Hugh for Ʋlster 4000 Marks. Cattalus (or rather Carolus) O Conner alias Crovederg, the Valiant and Active King of Connaught, was the only Man of Note that opposed King John; but he was an unequal Match for the King of England, Cambden 152. and therefore was easily subdued, and taken Prisoner.
Wherefore the King having no more of Military Matters to execute in Ireland, seriously set himself to mend the Civil State of that unfortunate Country; and first he caused Money to be Coyned ad Pondus Nummi Angliae, and made it currant in both Kingdoms by his Proclamation; which was the first Sterling Money that was Coyned in Ireland; Lib. M. 25. and this done, he set himself to establish the English Laws in that Kingdom.
For though King Henry had done as much to introduce the English Laws there, as that Season and other Circumstances would permit; yet partly for want of Sheriffs, and the Distribution of the Kingdom into Counties; but chiefly because of the unsetledness of the Country, and the rebellious humour of the Irish, it could not at that time be fully effected: Wherefore King John, to supply those Defects as far as he was able, divided Leinster and Munster (the only part he had in quiet and actual possession) into the Counties of Dublin, Kildare, Meath, Ʋriel, Caterlogh, Kilkenny, Wexford, Waterford, Cork, Limerick, Typerary and Kerry, and appointed Sheriffs and other Officers for them after the manner of England: He also caused an Abstract of the English Laws and Customs to be drawn in writing;Inst. 141. b. 4 Inst. 349. whereunto he affixed his Seal, and left it in the Exchequer in Dublin, and by general consent in Parliament, and at the instance of the Irish, he ordained, that the English Laws and Customs [Page 51] should thenceforward be observed in Ireland; Temple, 6. and in order to it he erected Courts of Judicature at Dublin.
But the Brehon Law, and the other Irish Customs, indulged more to the Tyrannie of the great Men, and yet did not hold the Commons to a strict and regular Discipline, as the Laws of England did; and therefore the very English were so corrupted by ill Example, that the English Laws were not regarded nor had in Estimation, as they ought, but were look'd upon both by the Irish and degenerate English,Davis, 90. lib. M. as a Yoke of Bondage, so that Henry III was necessitated oftentimes to enjoyn the Observation of them: In the first and third Year of his Reign he did confirm them; and in the eleventh Year he sent the following Writ; which I recite at large, because I find it curtail'd both in Calvin's Case, and my Lord Cooks first Institutes, 141. b. And what else King Henry did in this Matter, shall be mentioned in the Account of his Reign.
REX,Lib. GGG. &c. Baronibus militibus, & aliis libere tenentibus Lageniae, salutem, &c. Satis ut credimus vestra audivit discretio, quod cum bonae Memoriae Johannes, quondam Rex Angliae pater noster venit in Hiberniam, ipse duxit secum viros discretos & legis peritos, quorum communi consilio, & ad instantiam Hibernensium, statuit & praecepit Leges Anglicanas teneri in Hibernia, ita quod leges easdem in scriptis redactas reliquit sub Sigillo suo, ad Scaccar. Dublin. Cum igitur Consuetudo & Lex Angliae fuerit, quod si aliquis desponsaverit aliquam mulierem, sive viduam, sive aliam, haereditatem habentem, & ipse postmodum ex ea prolem suscitaverit, cujus clamor auditus fuerit infra quatuor parietes, idem vir si supervixerit ipsam Vxorem suam habebit tota vita sua custodiam Haereditatis Vxoris suae licet ea forte habuerit Haeredem de primo viro suo qui fuerit plenae aetatis: vobis mandamus injungentes quatenus in loquela quae est in Cur. Wilm. Com. Maresc. inter Mauritium Fitz-Gerrald petent. & Galfridum de Marisco Justiciarium nostrum Hiberniae tenentem, vel in alia loquela quae fuerit in casu praedicto, nullo modo justitiam in contrar. facere presumatis.
And thus King John having exceeding well acquitted himself in Ireland, and thereby, in a great measure, attoned for Miscarriages of his former Voyage, he departed thence on the thirtieth Day of August, 1210. having first appointed John Gray Bishop of Norwich Lord Justice, who kept the Kingdom in so good Order, that he was able to spare three hundred Foot besides Horse,1211. to aid the King in France; where [Page 52] they did good Service, and yet most of them safely returned to Ireland.
About this Time happened the famous Story of John de Courcy, 1212. which I will give you in the very Words of Hanmer, because he expresses it much better than it is in Cambden's Annals.
‘Not long after,Hanmer, 184. there fell some Difference between John King of England and Philip King of France, for the Right of some Fort in Normandy; who to avoid the shedding of Christian Blood, agreed of each Side, to put it to a Combat: Of King Philip's part there was a French-man in Readiness; King John, upon the sudden, wist not what to do for a Champion to encounter with him; at length one attending upon his Person, enformed him, That there was one Courcy in the Tower of London, the only Man in his Dominions (if he would undertake it) to answer the Challenge. King John joyful of this, sent the first, yea the second and third Time, promising large Rewards and rich Gifts; and that it stood him upon, as far as the Honour of his Crown and Kingdom did reach, to make good the Combat. Courcy answered very frowardly, (the which was taken in good Part, in regard of the urgent Necessity) That he would never fight for him, neither for any such as he was: That he was not worthy to have one Drop of Blood spilt for him: That he was not able to requite him the Wrongs he had done him; neither to restore him the Hearts-Ease he had bereav'd him of: Yet notwithstanding all the Premises, he was willing, and would with all Expedition be ready to venture his Life in Defence of the Crown and his Country. Whereupon it was agreed, He should be dyeted, apparelled and armed to his Content; and that his own Sword should be brought him out of Ireland. The Day came, the Place appointed, the Lists provided, the Scaffolds set up, the Princes with their Nobility of each Side, with thousands in Expectation; forth comes the French Champion, gave a turn, and rests him in his Tent: They sent for Courcy, who all this while was trussing of himself about with strong Points; and answered the Messengers, That if any of their Company were to go to such a Banquet, he would make no great haste: However, forth he comes, gave a Turn, and went into his Tent.’
‘When the Trumpets sounded to Battle, forth came the Combitants, and viewed each other: Courcy beheld him with a wonderful stern Countenance, and passed by: The French-man not liking his grim Look, the strong Proportion and Feature of his Person, stalked still along; and when the [Page 53] Trumpets sounded the last Charge, Courcy drew out his Sword, and the French-man ran away, and conveyed himself to Spain. Whereupon they sounded Victory, the People clapt their Hands and cast up their Caps. King Philip desired King John, That Courcy might be called before them, to shew some Part of his Strength and Manhood, by a Blow upon a Helmet; it was agreed, a Stake was set in the Ground, and a Shirt of Male, and a Helmet thereon; Courcy drew his Sword, looked wonderful sternly upon the Princes, cleft the Helmet, Shirt of Mail, and the Stake so far in, that none could pull it out but himself. Then the Princes demanded of him, What he meant to look so sowerly upon them? His answer was, If he had missed his Blow upon the Block, he would have cut off both the Kings Heads. All that he said was taken in good Part; and King John discharged him of all his Troubles, gave him great Gifts, and restored him to his former Possessions in Ireland.’
‘It is written further, That hereupon he sailed into England, came to Westchester, offered himself to the Sea, and was put back again fifteen times, by contrary Winds, which rose upon a sudden to the English Shore.’ And in the Book of Houth it is delivered, That upon every Repulse, the Night following, he was admonished in a Vision, Not to attempt the Seas, for to sail into Ireland; and that he should never set Foot upon any Land there; and withal, that the Reason was yielded thus; Courcy thou hast done very ill, for thou hast pulled down the Master, and set up the Servant (for he had translated the Cathedral Church, and the Prebendaries of the Blessed Trinity in Dune, into an Abbey of Black Monks, brought thither from Chester, and consecrated the same to the Honour of S. Patrick). Whereupon remembring himself, That he had done very ill, in taking the Name from God, and giving it to a Creature, he gave Sentence upon himself, That he was worthily punished; and immediately he altered his Course, went into France, and there died.
But 'tis Time to return to our Lord Justice who was sent for into England; and ordered to leave the Government in the Hands of Henry de Londres Archbishop of Dublin, Lord Justice,July 23. he had publickly opposed the King's Alienation or Resignation of his Dominions to the Pope:1213. He governed the Kingdom very well; but at the end of two Years he went to Rome, either to solicit Aid for the King against the Barons, or to be present at a General Council. He left [Page 54] Geofry de Marisco, 1215. Lord Keeper of Ireland; to whom, nevertheless, Sir Edmond Butler was Assistant or Coadjutor. It was about this Time the Citizens of Dublin obtained a Licence to build a Bridge over the Liffy, where they pleased: And not long after, they also got a Fee-Farm of the City of Dublin, from the King, at a certain Rent: (but I take that to have been anno 1217. and if so, the King here meant, must be Henry III.)
It seems these Times were very Quiet; for I find no mention of any War or Rebellion, except some small Stirs in Connaught; which were not so Great or Considerable, as that the Particulars should be transmitted to posterity.
In the mean Time William, Earl Marshal (who came to Ireland anno 1207.) was employed in building his Castle of Kilkenny, and the Abbey of Black-Fryers there: He also incorporated that Town, by the Name of Sovereign Burgesses and Communalty; and granted them a Privilege, to be quit of Toll, Lastage and Pontage, and all other Customs throughout Leinster, and afterwards went to England. And thus stood the Government of Ireland during the Life of King John; who died at Newark the nineteenth Day of October 1216.1216.
THE REIGN OF HENRY III. King of England, And LORD of IRELAND, &c.
HENRY the Third (not then Ten years old) succeeded his Deceased Father in all his Titles and Estates,1216. and in the presence of the Popes Legate, William Earl Marshal, and others, he was declared King, and Crowned at Glocester by the Bishops of Winchester and Bath; and at the same time he did Homage to Pope Innocent and the Church of Rome, Brady, 522. for the Kingdoms of England and Ireland, and swore to pay yearly the Thousand Marks which his Father had promised to the Holy See.
William Earl Marshal, who was also Earl of Pembrook, was Protector of the King and Kingdom,Ib. 523. and by Proclamation encouraged the Nobility, Gentry, and other the Kings Subjects to continue faithful to him; which they were the more easily perswaded to, because Lewis Prince of France, and his Party began to decline, and were solemnly excommunicated (or rather the same Excommunication was published and denounced) every Sunday and Holy-Day.
[Page 56] There likewise issued a Writ to the Kings Subjects in Ireland, in haec verba:
REX Archiepiscopis,Prin, 250. Episcopis, Abbatibus, Comitibus, Baronibus, Militibus, & libere tenentibus, & omnibus fidelibus suis per Hibern. constitutis, Salutem. Fidelitatem vestram in Domino commendantes quam Domino Patri nostro semper exhibuistis, & nobis estis diebus nostris exhibituri. Volumus, quod in signum Fidelitatis vestrae tam praeclarae, tam insignis, libertatibus Regno nostro Angl. à Patre nostro & nobis concessis, de gratia nostra & dono, in Regno nostro Hibern. gaudeatis vos & vestri Haeredes in perpetuum, quas distincte in Scriptum redactas de communi consilio omnium fidelium nostrorum vobis mittimus, signatas Sigillis Domini nostri G. Apostolicae Sedis Legati, & fidelis nostri Com. W. Maresc. Rectoris nostri & Regni nostri, quia Sigillum nondum habuimus, easdem processu temporis de majori Consilio proprio Sigillo signaturi. Teste apud Glouc. 6 die Februar▪ And the Entry on the Roll is, Homines Hiberniae habent libertates Angliae.
And another Writ,Brady, Append. 143. under the Test of the Earl Marshal, was sent to Hugh de Lacy, to invite his Return; in this Writ, (which runs in the Name of the King) his Majesty condescends to expostulate with Lacy, that he (the King) ought not to be blamed for his Fathers unkindness to Lacy; and assures him, that he shall have Restitution and Protection if he would come back; and upon Receipt of it, Lacy did readily comply with the Kings Desire.
Geofry de Marisco continued Lord Justice or Governor of Ireland; Burlace, 15. to whom, on the 16th. of April following, Henry de Londres was added as Assistant or Co-adjutor (at least in Ecclesiastical Matters,1217. and for the Reformation of the Church) The King sent a Writ to the Lord Justice, giving him thanks for his faithful Service to the deceased King John; and desiring that he would persevere in the like to himself, especially during his Monority, when he stood in need of the Lord Justices assistance and advice,Prin Hist. H. 3. fol. 38. and requires him to take the Oath of Fealty of the Nobility of Ireland, and all others that are obliged thereto; and assures them, they shall enjoy the same Liberties in Ireland, as he hath granted to his Subjects in England.
There was also another Writ sent to the Lords Spiritual and Temporal, to assist the Lord Justice in the Kings Service: And there was yet another Writ for a thousand Bacons,Lib. GGG. Lambeth. two Ship-load of Corn, and a Ship-load of Oats. Mandatum est Justiciario Hiberniae quid mittet in Angliam mille Bacones, & duas Navatas Frumenti, & unam Navatam [Page 57] Aveni. So that England must not deny but that it has at some time been beholden to us.
About this time, William Earl Marshal, incorporated the Town of Calan, and gave it the following Charter:
COncessi Burgensibus meis de Calan omnimodas Libertates quas decet Burgenses habere, & mihi licet conferre; viz. quod nullus Burgensis trahatur in causam, vel respondeat de ullo placito quod proveniat infra Metas Burgi, in Castello,Lib. in Lambeth. vel alibi, nisi in hundredo villae, exceptis placitis quae sunt de hominibus hospitii mei; Concessi etiam eisdem Burgensibus Matrimonium contrahere, sibi, filiis, filiabus, & viduis, sine licentia Dominorum suorum, nisi forte forinseca tenementa teneant de me in capite extra Burgum.
Lucas de Netervil was chosen by the Chapter Archbishop of Armagh, 1217. and went to the King for Confirmation, but could not obtain it;Ware, de Fresul. 17. because the Election was made without the Kings License: Whereupon, the Monks compounded with the King for three hundred Marks of Silver, and three of Gold; and so they took out a Conge de es [...]ier, and repeated the Election, and then Netervil was consecrated by Langton Archbishop of Canterbury.
About this Time, viz. 2 Hen. 3. the King wrote to Ireland for Aid to pay off a Debt due from him to Lewis Son of the King of France.
Soon after Henry de Londres was by Pope Honorius the Third made Legate of Ireland, and held a Synod at Dublin, which made many good Canons. But the Lord Justice had displeased the King by his male-administration of Affairs in Ireland, or perhaps had undertaken the Crusado; I cannot determine which; but for the one reason or the other he was removed; and, Henry de Londres Archbishop of Dublin, April 23. 1219. was made Lord Justice, and continued so for five years; he was nick-named Scorchvillein, Holingsh. 32. by the Irish, because they said he burnt his Tenants Leases, and other Writings which they brought to shew him, but this silly Story is not to be believ'd of so Learned a Man, and so good a Governour, as every body allows this Archbishop to have been; especially since it is not denied, but that he suffered all his Tenants to enjoy their Farms, even according to their Claims: It was this Lord Justice that built the Castle of Dublin, anno 1220.1220. And about the same time died at London, William, Earl Marshal, Protector of the King and his Kingdoms. Some Irish Antiquary was so silly, to think, he was call'd Marshal, quas [...] Mars his Seneschal; for he was indeed a very warlike Man. [Page 58] He was succeeded by his Son William; against whom the Bishop of Fernes complained to the King, That his Father had disseis'd the Church of two Mannors; for which reason he was excommunicated, and so died. The King commanded the Bishop to go to the Earls Tomb, and to absolve him; and promis'd that he would endeavour his Satisfaction.Hanmer, 176. Whereupon, the Bishop, accompanied with the King, went to the Grave, and said, O William, that here liest wrapped in the Bonds of Excommunication, if what thou hast injuriously taken, be restored by the King, or thy Heir, or thy Friends, with competent satisfaction, I absolve thee; otherwise, I ratifie the Sentence, that being wrapped in thy Sins, thou maist remain damned in Hell for ever. The King was dissatisfied with the rigour of the Bishop, but could not prevail with the young Earl to part with any thing of his Estate; wherefore the Bishop confirm'd his Curse, and it brought no small Veneration to the Clergy, that this Earl and his four Brethren died without Issue; which the Superstitious People thought to be the Effect of that Execration.
The young Earl Marshal had great Contests with Hugh de Lacy Earl of Vlster, 1221. so that Meath was wonderfully harass'd between them; Trim was also besieged, and reduced to an ill condition; but it had the good Fortune to escape this Brush,Hanmer, 189. and to have a strong Castle built soon after, to prevent the like Calamities for the future.6 Hen. 3. About this time,Davis, 15. 123. the King granted to O Brian King of Thomond, the Country of Thomond, habendum during the Kings Minority, rendring an hundred and thirty Marks per annum, which is the only Grant made by the Crown of England to any meer Irishman to that time, except that to the King of Connaught. And before this,Davis, 124. viz. 3 H. 3. Richard de Burgo for one thousand pound obtained a Grant of all Connaught, to him and his Heirs after the Death of the then King of that Country.
The Lord Justice (who was also Archbishop and Legate) did in his Spiritual Capacity too much encroach on the Temporal Jurisdiction; and therefore upon the Complaint of the Citizens of Dublin, Aug. 9. 7 H. 3. he had a notable increpatory Writ sent to him,1222. which is to be found in Prin's Animadversions on the fourth Instit. 251. And at the same time the King sent another Writ to the Justice, to redress a Nusance to the Harbour and Citizens of Dublin, Prin, 251. according to the Law of England.
I find some Reasons to believe, that the Lord Justice Londres was sent for to England, anno 1220, and his Room supplied by Geofry de Marisco till his Return, Octob. 28. the same Year; but however that be, it is certain, that after this [Page 59] Justice had govern'd Ireland five Years, he was removed: And most probably was succeeded by [...] William, Earl Marshal,1224. Lord Justice: In whose Time (in May, 8 Hen. 3.) Lacy was so effectually pursued, that he was forced to submit, and the same Year was pardoned.
About the same Time the King prohibited Appeals to be made to the Pope;Lib. Z. Z. and by his Letter to the Archbishop of Armagh, Lamb. 19. severely reprimanded him for sending to the Pope, about Causes Ecclesiastick.
The King, in the fifth Year of his Reign, had granted to the Citizens of Dublin, towards walling their City, three Pence out of every Sack of Wool, six Pence for every Last of Hides, and two Pence out of every Barrel of Wine sold in their City;1225. and now, 9 Hen. 3. he gave them fifty Marks in Mony to the same purpose.
On the tenth Day of June, 10 Hen. 3. A Writ was sent to the Lord Justice, to seize on the Country of Connaught, forfeited by O Connor, 1226. and to deliver it to Richard de Burgh, at the Rent of three hundred Marks, for the first five Years; and afterwards of five hundred Pound per annum, except five choice Cantreds near Athlone; which (I suppose) were designed for the Conveniency and Support of that Garrison: But on the first Day of August, 10 Hen. 3. Geofry de Marisco was made Lord Justice, and had a Sallary of five hundred Marks, payable out of the Exchequer, granted unto him. It is probable, That soon after his Arrival, his Predecessor William, Earl Marshal, repaired to Court, to give the King an Account of his Administration: And the Irish were forward to take Advantage of his Absence, and the ill Posture of the King's Affairs in Ireland, and therefore, to make the best Use they could of this Opportunity, they made so general a Confederacy, that their Army amounted to twenty thousand Men, Sperantes (says my Author) se posse omne genus Anglorum ab Hiberniae finibus exterminare: But all this Ostentation came to nothing, and this numerous Rabble were without much Difficulty defeated by Hugh de Lacy and Richard de Burgh, and their Followers; And the Irish General, O Connor King of Connaught, was taken Prisoner.
The King,Lib. GGG. in the fifth Year of his Reign, wrote to all the Ports of Ireland, Lambeth. To make some Gallies in their respective Havens, for the Defence and Security of him and his Kingdom of Ireland. And in the tenth Year of his Reign, he prevailed with the Pope to write to the Irish Bishops, to give him a Subsidy.1227. And now, the eleventh Year of his Reign, the Pope did write to the Clergy, To give Subsidiary Aid to the King: Which it seems was effectual; for I find this Entry [Page 60] on the Roll. 11 Henric. 3. Rex habuit auxilium de Hibernia.
And the same Year the Lord Justice received a Writ, To aid the Episcopal Excommunication with the Secular Arm, as was usual in England; which is to be found at large, Prin's Animadversions,Prin, 252. 252, and bears Date the eighteenth of January: And there was also a Writ or Charter, enjoyning the Observation of the English Laws in Ireland; which I have already recited in the Reign of King John.
Hubert de Burgo (or Burgh) Chief Justice of England and Earl of Kent, Splem. Gloss. 340. was made Earl of Connaught and Lord Justice of Ireland during Life; and because he could not personally attend, he deputed Richard de Burgo Lord Justice (or Deputy) to whom the King sent the following Writ,March 10. 1227. for establishing the English Laws in Ireland.
REX dilecto & sideli suo Ricardo de Burgo Justiciario suo Hiberniae,Prin. 252. salutem: Mandamus vobis firmiter praecipientes, quatenus certo die & loco faciatis venire coram vobis, Archiepiscopos, Episcopos, Abbates, Priores, Comites & Barones, Milites & libere tenentes, & Balivos singulorum Comitatuum; & coram eis publice legi faciatis Cartam Domini J. Regis Patris nostri, cui Sigillum suum appensum est, quam fieri fecit, & jurari à Magnatibus Hiberniae, de Legibus & Consuetudinibus Anglorum observandis in Hibernia & praecipiatis eis ex parte nostra, quod Leges illas ad Consuetudines in Carta praedict' contentas, de cetero firmiter teneant & observent. Et hoc idem per singulos Comitatus Hiberniae clamari faciatis, & teneri, prohibentes firmiter ex parte nostra, & Forisfacturam nostram, ne quis contra hoc Mandatum nostrum venire praesumat'. Eo excepto, quod nec de Morte, nec de Catallis Hibernensium occisorum nihil statuatur ex parte nostra citra quindecem dies à die Sancti Michaelis, anno regni nostri duodecimo super quo respectum dedimus Magnatibus nostris Hibern' us (que) ad terminum praedict. Teste meipso apud Westmonast. oct. die Maii, anno regni nostri duodecimo.
And at the same Time he received two Writs about the Debts due from the King to the late Lord Justice (Archbishop Londres); Burlace, 20, 21. and a third Writ to pay him an hundred Pound per annum, out of the Rent of the City of Limerick, and fifty Pound per ann. out of the Rent of Dublin.
But this Justice did not continue long in the Government; for his Patron, Hubert de Burgh, falling into the King's Displeasure, both the one and the other were remov'd: And, Maurice Fitz-Gerald was made Lord Justice:1229. In whose Time, viz. 14 Hen. 3. happened the great Case of Coparceners; to decide which the King sent over, by way of Writ, what [Page 61] in the printed Statues is called Statutum Hiberniae: And tho' the Lord Justice is there named Girald, yet it is by Mistake, for Girald Fitz-Maurice (who was the Lord Justice's Father) died anno 1205. And there is another Mistake in that Statute, for it is said to be made 24 Regis, whereas the Year 1229. could be but the fourteenth Year of his Reign.
Now came over Stephen the Pope's Chaplain, to demand the Tenths of all Moveables, to support the Holy See against the Efforts of Frederick the Emperour:Hanmer, 191. It was so hard a Tax in Ireland, that they were fain to part with, not only their Cadows and Aquavitae, but also with their Chalices and Altar-Cloaths.
Not long after died William Earl Marshal, Prince or Lord of Leinster, 1231. who, anno 1223, gave a new Charter to his Town of Kilkenny; he was buried in the Choire of the Friers Preachers at Kilkenny; and was succeeded in his Estates and Titles by his Brother Richard.
On the second Day of September, 1232. the Lord Justice returned out of England, but when he went thither, or who was Deputy in his Absence, non constat.
On the seventh of April (1233, Holingshead, 27. say some but I think 1234) the English and the O Connors, &c. had a Battle on the Curragh of Kildare, 1234. wherein Richard Earl Marshal, Prince of Leinster, had very foul Play from those of his own Side; so that he was there mortally wounded, and died in five Days after.
To atone for this, the Lord Justice (who went into England, to satisfie the King in that Matter) offered to build a Monastery and endow it liberally, to pray for the Soul of Earl Richard: Hanmer, 195. And so, at length, by the intercession of the King, and the importunate Entreaties of the Nobility, Gilbert Earl Marshal and the Lord Justice were reconciled.1235.
It seems the Alarm was very great on Earl Richard's Death, for the King, to Comfort and Quiet the Citizens of Dublin, assured them, by his Writ, That he summon'd the Great Men of England, Pryn, 253. to consult about the Safety of England and Ireland; and that their Determinations should be speedily communicated to them at Dublin: From whence Mr. Pryn observes: That the Laws and Ordinances of the King and Parliament of England, did bind Ireland in those Days.
But it seems that about this Time the Spiritual Courts did encroach too much on the Temporal Jurisdiction,1233. and therefore the King sent over the following Writ.
[Page 62] REX,Co. Lit. 141. Comitibus, Baronibus, Militibus & liberis Hominibus, & omnibus aliis de Terra Hibern' salutem: Quia manifeste esse dignoscitur contra Coronam & Dignitatem nostram, & Consuetudines & Leges Regni nostri Angl', quas bonae memoriae Dominis Johannes Rex, Pater noster, de communi omnium de Hibern' consensu teneri, statuit in Terra illa, quod placita teneantur in curia Christianitatis, de advocationibus Ecclesiarum & Capellarum, vel de laico feodo, vel de catallis, quae non sunt de Testamento vel Matrimonio, vobis mandamus prohibentes quatenus hujusmodi placita in curia Christianitatis nullatenus sequi presumatis, in manifestum Dignitatis & Coronae nostrae prejudicium, scituri pro certo quod si feceritis, dedimus in Mandatis Justiciario nostro Hiberniae, statutae curiae nostra in Anglia, contra transgressiones hujus Mandati nostri, cum justicia procedat, & quod nostrum est exsequatur. Teste Rege 28 Octobr. Decimo oct. Regni nostri, &c. & mandatum est Justiciario Hibern. per literas clausas, quod predictas Literas Patentes publice legi & teneri faciat.
In the Year 1234 died Walter Lacy Lord of Meath, without Issue Male; so that his great Estate was divided between his two Daughters, viz. Margaret, married to the Lord Theobald Verdon; and Matilda, married to Geofry Geneville.
Whilst the Lord Justice was in England, the King of Connaught exhibited a grievous Complaint against John de Burgo; That he had entred his Country with Forces,Hanmer, 195. and wasted the same with Fire and Sword; humbly beseeching his Majesty to do him Justice, and to bridle such rash Attempts: Alledging, That he was a loyal Subject, and payed for his Kingdom an annual Pension,Davis, 123. amounting in all (from his first Subjection) to five thousand Marks; and desired the King, That he would rid him of that base Upstart or newcomer,1235. that sought to disinherit him. Whereupon the King immediately ordered the Lord Justice, To pluck up by the Root the Fruitless Plant which Hubert de Burgo (whilst he was in Ruff) had planted in those Parts, that it might bud no more. The King also wrote to the Nobility of Ireland, That they should banish the said John, and establish the King of Connaught in his Kingdom; who returned very well satisfied with the Princely Favours he received at the Court of England.
It seems, that in the Lord Justices Absence, there was some Disorder among the Irish (Doctor Hanmer says they rebelled) but the speedy return of the Lord Justice probably gave a Check to their Intentions.
[Page 63] And to the End there might be a free Commerce between both Kingdoms, the King sent over the following Writ.
REX,Pryn. 253. dilecto & fidelio suo Mauritio fili Giraldi, Justiciario suo Hiberniae,19. Hen. 3. salutem: Vestra non ignorare debet discretio, quod dignum est, & id volumus, quod Terra nostra Angliae, & Terra nostra Hiberniae communes sint ad invicem, & quod homines nostri Angliae & Hiberniae, hinc inde negotiari possunt, ad comodum & emendationem Terrarum praedictarum: Et ideo vobis mandamus, Quod homines de Terra Hiberniae volentes emere blada in Hibernia ducenda in Angliam, in nulla impediatis vel impediri permittatis; quin libere, & sine impedimento id facere possunt. Teste Rege apud Westm. 2. die Jun.
Et vide ibidem de Galeis (i.e. Gallies or Ships) de Hibernia in Angliam mittendis, to aid the King.
There being some Dispute in Ireland about the Law, in Case of Bastardy,1236. the King sent this Writ to the Lord Justice and the Archbishop, to observe the Statute of Merton in those Cases.
HEnricus Dei Gratia Rex Angliae,Pyrn, 253. &c. venerabili Patri L. eadem gratia Archiepiscopo Dublin. & dilecto & fideli suo M. fil. Geraldi Justic. suo Hiberniae, salutem: Accedens nuper ad curiam nostram Georgius de Laffidel nobis ex parte vestra supplicavit, ut vobis scire faceremus quid juris sit, secundum confuetudinem Angliae in casibus subscriptis; viz. Cum contingat filium alicujus Nobilis natum ex matrimonio, movere questionem fratri suo in fornicatione ante matrimonium de eadem matre progenito, super paterna haereditate? Item, si contingat quod frater natus ante matrimonium defendendo, dicat se esse ligitimum, utrum in tali casu mittendus sit ad forum Ecclesiasticum? Item, fi mittendus sit, in qua forma, &c. Item, si contingit, quod natus ante matrimonium fecerit homagium suum de terris suis post decessum patris sui, & ratione homagii sic facti, vocaverit Dominum suum ad Warrantum, quid juris sit de illa vocatione? & si warrantizare debeat aut velit sponte, utrum duellum possit esse de jure inter natum ex matrimonio & dominum warrantizantem, cum inter ipsos fratres esse non possit? Ad haec etiam vobis significamus de primo capitulo: Quod si natus ante matrimonium, cui movetur questio, cognoscat se natum esse ante matrimonium, nec petere potest haereditatem, nec petitam retinere, secundum Angl. consuetudinem. Nec talis si dicat se natum esse post, mittendus ad cur. Christianitatis, eo quod clerus talem habet pro legitimo. Cum autem de casu illo anno preterito tractatum esset coram venerabili Patre Archiepiscopo Cantuariensi & Coepiscopis suis & Magnatibus nostris Angl. scilicet, utrum inquisitio [Page 64] de tali nato deberet fieri in cur. nostra, vel in cur. Christianitatis, tandem predict. Archiepiscopus & Episcopi petierunt sibi dare potestatem inquirendi. Postea vero processu temporis, quia in forma Brevis nostri eis super hoc transmissi contentum fuit, quod respondere deberent, Vtrum talis natus esset ante matrimonium vel post, videntes hoc esse contrarium legibus suis noluerunt ad hoc respondere, sed reliquerunt nobis & cur. nostrae hoc inquirendum & terminandum, & nondum provisum est in cur. nostra, sub qua forma hoc debeat inquiri, vel per sacramentum 12 Jurat. vel per probationem à partibus producendam. Item de Domino, si debet warrantizare tenenti contra fratrem suum, vobis respondemus quod non, eo quod tam natus post Matrimonium quam ante uno & eodem jure utuntur, & Dominus in captione homagii, potius circumventus fuit, quam ratione astrictus: Nec esse poterit duellum inter eos predicta ratione, & preterea quia Dominus tenetur plus warantizare petenti nato post matrimonium, quam tenenti nato ante matrimonium, hiis igitur intellectis secundum quod predictum est in partibus vestris faciatis. Teste Rege apud Mortelac. 9 die Maii.
REX dilecto & fideli suo Maur. fil. Girald. Justic. suo Hibern. salutem: Monstravit nobis lator presentium, quod ipse nuper in curia nostra coram Justic. nostris, ad hoc per vos nuper constitutis in Hibern. recuperasset seisinan suam versus quendam hominem de libero tenemento suo, idem adversarius suus postea de eodem tenemento iterum ipsum disseisivit, & ideo vobis mittimus sub sigillo nostro constitutionem nuper factam (intellige Merton. c. 3.) coram nobis & Magnatibus nostris Angl. de predicto casu, & similiter de aliis articulis ad emendationem Regn nostr. Mandantes, quatenus de Concilio venerabilis Patris L. Dublin. Archiepisc. constitutionem illam in curia nostra Hibern. Legi, & de cetero firmiter observari facias, & secundum eadem, predicto querenti, plenam justiciam exhiberi faciatis. Teste Rege, ut supra.
King Henry kept his Christmas at Winchester, 1239. anno 1239. where the Servants of Gilbert, Earl Marshal, were (as they thought) affronted, not being suffered to enter into the King's Court with their Tip staves; whereupon the Earl complained to the King, but received an unexpected cross Answer, whereat he was distasted to that degree, that he left the Court, and perhaps never afterwards came near it; for the next Year he was slain by a Fall from his Horse,1240. at a Turnament at Hereford.
[Page 65] In the same Year Petrus de Supino came from Pope Gregory into Ireland, with an Authentick Papal Mandate, requiring under pain of Excommunication, and other Censures Ecclesiastical,Hanmer, 196. the Twentieth part of the whole Land, besides donatives and private Gratuities, to the maintenance of his War against Frederick the Emperor; where he extorted, saith Matthew Paris, a thousand and five hundred Marks, and above, saith Florilegus; at which time also one Petrus Pubeus, intitled the Popes Familiar and Kinsman, and both Bastards, saith Bale, fill'd in like sort his Fardles in Scotland. These Nuncio's were so crafty, that they needed no Brokers; they secretly understood by Posts and Cursitors the State of the Court of Rome, which quailed them full sore; & that the Pope was either gone, or panted for Life; secretly by the conduct of the Monks of Canterbury, they were conveyed to Dover, where they took Shipping, and crost the Seas. The Emperor Frederick, (against whom this Provision was made) having intelligence thereof; and secretly acquainted with the Popes state, wrote to the King of England to apprehend such Prollers; wherein he also reprov'd his Cowardize. The Emperor, (when he understood that the Birds were flown away) made search for the Nest, yet overtook them in Italy; where (to be short) he imprison'd them, their Kindred and Favourites, rifled them of their Money, and sent them to Rome to sing for more. He that will read the Story more at large, let him repair to Matthew Paris.
In the Year 1242,1242. the Lord Justice built the Castle of Sligo in Connaught, and plac'd in it able Warders; and the next Year died Richard de Burgo, and the famous Hugh de Lacy Earl of Vlster, 1243. whose Daughter and Heir was married to Walter de Burgo, in her Right Earl of Vlster.
The King sent to the Lord Justice for Aid against the Welsh, 1244. which it seems was long a coming; but at length it did come, under the Conduct of the Lord Justice, and Phelim O Connor; they Landed in the Isle of Anglesey, and pillaged the Island, and were hastning to the Ships with their Prey; but it seems the Welshmen overtook them, and forced them to leave their Burdens behind: However, they afterwards joyn'd the Kings Army, and did the Work they came for; for the King discomfited the Welsh, victualled his Castles, and victoriously returned into England.
The Lord Justice being come back to Ireland, 1245. found Vlster over-run by O Donel, who took advantage of the Death of Lacy, and the absence of the Lord Justice; but by the assistance of Cormock mac Dermond ma [...] Rory, the Lord Justice invaded Tirconnel, routed the Irish, and slew many of the chief of them; on the English side was lost William But, [Page 66] (by Cambden and others call'd) Sheriff of Connaught, and his Brother: Cambden does also mention several Expeditions; but the Issue of them all was this, That the Lord Justice Manned his Castle of Sligo, forced O Neal to give Hostages, and then gave half Tyrconnel to the said Cormock ma [...] Dermond, and return'd with great Booty.
But the King was displeased with the Lord Justice, for his slowness and delay, in bringing Aid to him in Wales, and therefore remov'd him from the Government,Novemb. 4. 1245. and appointed Sir John Fitz Geofry (de Marisco, I suppose) Lord Justice, who receiv'd a Writ that the Executors of the Bishop of Ossory should be suffered to administer and dispose of the Testators Goods and Chattels (the Debts due to the King being first Levied thereout) and in September 1247.Prin, H. 3. 107. the King directed a Writ to the Arch-Bishops and others in Ireland, That the Laws of England should be strictly observed there, as his Father (King John) had formerly commanded.
QVia pro communi utilitate Terrae Hiberniae,Prin, 254. & unitate Terrarum Regis, Rex vult, & de communi Concilio Regis provisum est, quod omnes Leges & Consuetudines, quae in Regno Angliae tenentur, in Hibernia teneantur, & eadem Terra eisdem Legibus subjaceat, & per easdem regatur, sicut Dominus Johannes Rex (cum ultimo esset in Hibernia) statuit & fieri mandavit: Quia etiam Rex vult quod omnia Brevia de communi jure, quae currunt in Anglia, similiter currant in Hibernia, sub novo Sigillo Regis, Mandatum est Archiepiscopis, &c. quod pro pace & tranquilitate ejusdem Terrae, per easdem Leges, eosdem regi & deduci permittant, & eas in omnibus sequantur; in cujus, &c. Teste Rege, apud Wodestoke nono die Septembris; anno Regni 30. Which Writ is imperfectly cited 1 Inst. 141 b.
Theobald Butler, 1247. Lord of Carrick, and John Cogan, Lords Justices, in whose Time the Popes Agent, Johannes Refus was sent into Ireland, clothed with Authority to collect the Popes Money,Hanmer, 198. my Author says, that though he was not clad in Scarlet, for fear of giving Offence, yet he was such a Sophistical Legate, and plied his business with that diligence, that he extorted Six thousand Marks out of Ireland, and by help of the Clergy transported it safely to London.
John Fitz Geofry was again Lord Justice;1248. in his time, the King sent the following Writ:Lib. P. Lambeth.
REX Justiciario Hibern. Salutem: Monstravit nobis Mamorch Offerthierun & Rothericus Frater ejus, quod antecessores sui, & ipsi (licet Hibernenses) semper tamen firmiter [Page 67] fuerunt ad fidem & servitium nostram,Prin, 255. & predecessorum nostrum (it should be Nostrorum) Regum Angl.1253. ad conquestum una cum Anglicis faciendum super Hibernenses, & ideo vobis mandamus quod si ita est, tunc non permittas ipsos M. & R. repelli, quin possint terras vindicare in quibus jus habent, sicut quilibet Anglicus, quia si ipsi & antecessores sui sic se habuerunt cum Anglicis, quamvis Hibernenses, injustum esset licet Hibernenses sint quod exceptione qua repelluntur Hibernenses, à vindicatione terrarum & aliis repellantur, &c.
By which Writ it appears, that the King did design that all the Irish who would live as Subjects, should have the benefit of the English Laws; but that such of the Irish, as were Enemies, or Rebels, and would not be Amesnable to Law, should not have any Advantage by the Law.
But now the King, to qualifie his Son for a Marriage with the Infanta of Spain, Davis, 22. amongst other things, gave the Kingdom of Ireland to Prince Edward and his Heirs,Lib. G. Lambeth. in as ample manner as himself enjoyed it, except the Cities of Dublin and Limrick; nevertheless, with this express Condition in the Patent,1254. Ita quod non separetur à Corona Angliae: Whereupon Ireland was called the Land of the Lord Edward, and the Officers there, were stiled the Officers of Edward, Lord of Ireland; and the Writs did also run in the Name of the Prince.
In the same Year (but I suppose, before the Donation to the Prince) the King sent a Writ to the Nobility of Ireland, Prin, 255. most earnestly desiring their Assistance, with Men and Ships, for his Wars in Gascony.
But the Prince had issued a Writ of Entry out of the Chancery of Ireland, against the Bishop of Lismore, which was illusory to the Laws of England, established by the King and King John; and therefore upon Complaint, the King sent the following Order to stop any farther Proceedings upon the aforesaid illegal Writ; which I do the rather recite at large, because it justifies my Assertion, that Ireland is inseparable from the Crown of England; since we find the King effectually interpose, to rectifie Miscarriages there, notwithstanding the aforesaid Donation to the Prince, which was as full as it could be worded.
‘REX Thesaurario & Baronibus de Scaccario Dublin, Ibid. 255. Salutem. Quia de assensu & voluntate Praelatorum & Magnatum Terrae Hiberniae, dudum fuit provisum & concessum quod eisdem Legibus tenerentur in Terra illa, quibus homines Regni nostri utuntur in Regno nostro Angliae, quod eadem Brevia quoad terras & tenementa recuperanda teneant [Page 68] in terra illa quae tenentur in regno praedicto sicut justa. Et dicta provisio & concessio omnibus retroactis temporibus fuerunt obtenta & approbata, miramur, quamplurimum quod (sicut ex insinuatione venerabilis patris Thomae Lismorensis Episcopi accepimus) emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetudinem obtentam, & formam Brevium in regno nostro usitatam, Breve infra-scriptum contra praefatum Episcopum in haec verba.’
‘EDwardus Illustris Regis Angliae primogenitus, ad Vic. Waterford, Salutem. Praecipe Thomae Lismorensi Episcopo, quod juste & sine dilatione reddat Waltero Episcopo Waterford, Maneria de Archmurdeglan Kilmurdri & Motha cum pertinentiis, quae clamat esse jus Ecclesiae suae, & in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismorensem Episcopum, cui Griffinus quondam Lismorensis Episcopus, qui inde injuste & sine judicio disseisivit Robertum quondam Waterford Episcopum, predecessorem Episcopi post ultimum reditum, &c.’
‘QUia vero dictum Breve tam dissonum est,Stat. Marlbridge, cap. 30. & contra Leges & Consuetudines in regno nostro tentas, & formas Brevium nostrorum ibidem approbatas, praesertim cum Breve ingressus non transeat tertiam personam, nec ratione intrationis in terram aliquam post mortem alicujus, comperat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem: Nec enim dicitur intrusio, qui jure haereditario, vel ratione Ecclesiae suae succedit Predecessori suo in hiis de quibus idem Predeces. fuit seisitus in Dominico suo ut de feodo die quo obiit, Vobis mandamus, quod si dictum Breve a Cancellaria praedicta in forma praedicta emanaverit, executionem ejusdem Brevis supersedeatis, revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praedicti Filii nostri. Teste apud Windsor. 27 die Januar. Et eodem modo scribitur Adamo le Sole Justiciario Hiberniae (intellige de Banco Regis) & Waleranno de Willesby & Sociis suis Itinerantibus, ut supra.’
Alan de la Zouch, 1255. who had been Chief Justice of the Kings Bench in England, Hanmer, 199. 34. Hen. 3. was now made Lord Justice of Ireland; he had the Misfortune to be slain in Westminster-Hall, by John Earl of Warren and Surrey, half Brother to the King: In his time some Rebel Irishmen were coming to aid the Earl of Chester against the King; but Prince Edward, with the English Navy, had the good Fortune to meet with the Irish Fleet, and to sink most of their Ships, so that few of the Men were left alive to return.
[Page 69] Now flourished that famous Mathematician Johannes de Sacrobosco, who was born at Holywood in Fingal, not far from Dublin, and thence had his Name, de sacrobosco, i.e. Holy wood.
It seems that the Prince,1258. by Virtue of the aforesaid Grant, would have removed the Lord Justice, and put another in his Room: But the King, by the Advice of the Barons of England, wrote to the Archbishops, Bishops, Abbots, Priors, Barons,Brady, 674. Knights, &c. That he heard his Son designed to make a new Justice in Ireland; and to put his Castles into such Hands as it might be great Damage, and not without fear of their disinheriting; and therefore commands them not to obey such Justice, Constables or Keepers of Castles, made or appointed without his Letters Patents, by Advice and Assent of his Council.
After the same manner he wrote to all the Mayors and Communities of Cities and Towns in Ireland, and to the Constables of Castles; and also commanded Alan de la Zouch, his Justiciary, not to obey or give up his Authority to any new Justiciary or Constable, that should come without his Letters Patents. But it seems this Matter was setled, for the next Year we find▪
Stephen de long Espee, 1259. Lord Justice (some call him Earl of Salisbury, and Burlace stiles him Earl of Vlster; but I think there is no Ground for either of the Titles) he encountred O Neale, and slew him, and three hundred fifty two Irishmen in the Streets of Down; 1260. but not long after the Lord Justice was betrayed, and murdered by his own People. And thereupon▪
William Den was chosen Lord Justice: In whose Time the Mac Carthyes plaid the Devil in Desmond, (they are the Words of my Author) and by Ambuscade surprized and slew Thomas Fitz-Girald and John his Son,1261. at Calan in Desmond, together with many Knights and Gentlemen of that Family; whereupon the Carthyes grew so high, that for the space of twelve Years, the Giraldines durst not put a Plow in the Ground in Desmond; Hanmer, 201. until some Fewds arose between the Irish of Carby and Muskry, and between the Carthyes, Driscols, Donovans, Mahonyes and Swinyes; so that they also weakned and destroyed one another; and the Giraldines began to recover their Power and Authority again: But the Lord Justice died this Year; and▪
Richard de Capella, or Capel, was made Lord Justice: In his Time arose a great Contention, between the Prior and Convent of Christ-Church, and the Corporation of Dublin, about the Tith-Fish of the River Liffy.
[Page 70] The Burks and the Geraldines quarrelled about some Lands in Connaught, to that degree, that they filled the whole Kingdom with War and Tumult; and Maurice Fitz-Maurice Fitz-Girald (not the Earl of Desmond, but the same that afterwards, anno 1272, was Lord Justice) and John Fitz-Thomas (afterwards Earl of Kildare) at a Meeting at Castle-Dermond, seized upon the Lord Justice, and Richard Burk, Heir apparent of Vlster (afterwards called the Red Earl) Theobald Butler, 1264. Miles Cogan, &c. and imprisoned them in the Castle of Ley. But soon after a Parliament met at Kilkenny, and ordered them all to be released; which was done accordingly.
In the mean Time the King wrote to the Arcbishop of Dublin, the Bishop of Meath his Treasurer, Walter de Burg or Burk, 1265. Maurice Fitz-Maurice Fitz-Girald, That he heard there was like to be great Dissention between the great Men of Ireland, and therefore ordered them to secure the Peace of the Nation: And sent them farther private Instructions by Robert Waspail (who carried those Letters) to whom he commanded them to give Credit: And not long after the Lord Justice was removed; and▪
David Barry (the worthy Ancestor of the Noble Family of Barrymore) was made Lord Justice;1267. he so managed the Giraldines, that he took from them the Castle of Sligo, and all their Lands in Connaught; and thereby put an End to those Wars and Differences that were between them and the Burks. And in his Time, the Friers Preachers were setled at Ross, Kilkenny and Clonmel.
Sir Robert de Vfford was made Lord Justice of Ireland, 1268. and began to build the Castle of Roscomon. In his Time Cnoghor O Brian, of Thomond, was slain, (i.e. murdered) by Dermònd mac Monard, and Maurice Fitz-Girald (not of Desmond, as the Annals say, but Son of Maurice Lord Justice, anno 1272) was drowned between Ireland and Wales. And about this Time came over a Writ, from the King, to levy Aurum Reginae, for Elianor the Prince's Wife, as was used in England; which you may read at large 4 Inst. 357. On which I will make but this one Remark; That if the Sovereignty of Ireland were in the Prince, how comes the King to send the Writ?
But it will evidently appear, by the following Writ, That the Prince had not the Sovereignty of that Kingdom.
CVm Rex per Cartam suam concessit Edvardo,52 Hen. 3. primogenito suo, Terram suam Hiberniae cum pertinentiis,Lib. GGG. &c. habendum sibi & haeredibus suis,Lambeth. ita quod non separetur a Corona Angliae, & idem Edvardus sine Licentia Regis alienationes quorundam terrarum [Page 71] & tenementorum, spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis, quod idem rex sustinere voluit, & ideo nunc dedit potestatem & mandatum nepoti suo filio Regis Alemani (the Son of Richard Earl of Cornwal, King of the Romans) revocandi omnia maneria terras tenementa quae dictus Edvardus, filius Regis sic alienavit post feofamentum praedict. &c.
Richard de Excester, 1269. Lord Justice: In whose time Othobon, the Pope's Legate, made excellent Constitutions at London: He made a more firm Peace and Reconciliation between the Burks and Giraldines: And not long after died; and
Sir James Audly, 1270. or de Aldethel, was made Lord Justice; and had a very unfortunate Government of it, for the Irish were every where troublesome:Fragm. M. S. Quasi omnes Hiberni guerraverunt, & omnes munitiones (Fortifications) in Ophaly, praeter Castrum de Lega (Ley) destructi sunt, & Anglici inde expulsi, & magna strages utriusque nationis facta est in Connacia. The Irish burn'd, spoil'd, destroyed and slew, as well Magistrates as others; and the King of Connaught, in plain Field, defeated Walter Burk, Hanmer 202. Earl of Vlster, and killed a great number of Nobles and Knights, and particularly the Lords Richard, and John Verdon; and a great Famine and Pestilence (the natural Consequences of War) spread over all Ireland, and sorely afflicted the whole Kingdom. The Castles of Aldleck, Roscomon and Scheligah (perhaps Sligo) were destroyed: Nevertheless, the Pope, without Regard to these Universal Calamities, required the Tiths of all Spiritual Promotions for three Years, to maintain his Wars against a Christian King; viz. of Arragon; and tho' the People murmured, and their Poverty and Misery pleaded loudly for them; yet the rapacious Nuntio would not go empty away.
On the 23 of June, 1272. the Lord Justice was killed by a fall from his Horse, in Thomond; and
Maurice Fitz-Maurice Fitz-Girald was made Lord Justice,1272. and so continued, till the sixteenth Day of November; at which time the King died in Peace, and full of Days, in his Palace at London, having reigned longer than any King since the Conquest, viz. six and fifty Years, &c.
THE REIGN OF EDWARD I. King of England, &c. And LORD of IRELAND.
EDWARD the First, (from the Talness of his Person, Nicknamed Long-shanks) succeeded his Deceased Father in all his Dominions, on the 16th Day of November 1272; but he being at that time absent in the Holy Land, the Nobility took care to keep all quiet until his Return; and then, on the 15th. Day of August 1274. he was Crowned by Robert Archbishop of Canterbury.
Maurice Fitz-Maurice Fitz-Girald, continued Lord Justice, and to him,Ware de pres. 34. and to Hugh Bishop of Meath, Lord Treasurer, and to John de Sandford Escheator, was a Writ sent December 7. 1272, Commissioning them to receive the Oaths of Fealty and Allegiance to the new King, of all the Nobility, Gentry and Commons of Ireland. And the Lord Justice had another Writ of the same Date, to proclaim the Kings Peace, and to preserve it; wherein 'tis said, That the King is willing, and able (by Gods Help) to defend, and do Justice to his People great and small.
[Page 73] And the Government of England being informed,Prin. 256. That Avelina (Countess of Vlster, and Widow of Walter de Burgo) had been endowed illegally, both as to Quantity and Quality, a Writ issued in the Kings Name, to the Seneschal of Vlster, to rectifie that Matter, according to the Law and Usage of England.
In the mean time, the Irish took advantage of the Kings absence from England, and thought it an opportune Season to rebel;1273. they destroyed the Castle of Roscomon, Aldleek, Scheligath, and Randon, and found means to corrupt some of the Lord Justice Followers, whereby he was betrayed into their hands in Ophaly, and there taken, and imprisoned: whereupon,
Walter Genevil (newly returned from the Holy Land) was sent over Lord Justice;Octob. 1273. to him a Writ was sent, not to molest the Archbishop of Cashel, for any Debts due from him to the King, till his Majesties Return to England.
The Islanders and Red-shank Scots made a sudden incursion into Ireland, and burnt several Towns and Villages, killing Man,1274. Woman and Child most inhumanely, and got away with vast Booty, before the Country could get together, or put themselves in a posture, to prevent or resist this unexpected Torrent; but not long after, Richard de Burgo and Sir Eustace le Poer served them in their kind, and entred the Islands, and burnt their Cabbins and Cottages, slew all they met with, and smoakt out those that had hid themselves in Caves, after the same manner that is used in smoaking a Fox out of his Earth.
Ros [...]omon-Castle was once again repaired,1275. or rather reedified, and Mortagh a strong Tory (being taken Prisoner by Sir Walter le Faunt) was executed; but the Lord Justice being recalled,
Sir Robert de Vfford was made Lord Justice;1276. in whose time Thomas de Clare, Son of the Earl of Glocester, came into Ireland, and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald (though some say it was anno 1274.)
There is little recorded of the Battel of Glandelory or Glinbury, as to the Captains Numbers, or other Circumstances, save that the English suffered a great Defeat there; and that William Fitz Roger, Prior of the Kings Hospitallers, and many others were taken Prisoners,Hanmer, 203. and a great number slain; which ill Success was somewhat ballanced by a sore Battel, which Ralph Peppard and O Hanlon gave to the great O Neal.
Thomas de Clare and O Bryan Roe (King of Thomond) were likewise at odds,1277. and the Briton had tho' the better of it at first, so that he took O Bryan, and beheaded him; yet [Page 74] afterward, the Irish drove Thomas, and his Father-in-Law, into the Mountains of Slevebloom, M. S. Fragment 2. and kept them there, till for want of better Victuals, they fed upon Horse-flesh, and thereupon they yielded themselves Prisoners; and to obtain their Liberty, were forced to give Hostages, that they would make satisfaction for O Bryan's Death, and surrender the Castle of Roscomon.
And as if some malignant Star had influenced all the Inhabitants of Ireland to contention; the Irish also quarrelled with one another, and Mac Diarmund of Mylurg, encounter'd the King of Connaught, and slew him and two thousand of his Men.
Wherefore the Lord Justice was sent for over, to give account of this Bustle, and why he permitted it, as also to answer why he did not in person assist Thomas de Clare, against the O Bryans. To the first he answered, that it was no damage to the King, that one Rebel destroy'd another; and to the second, he gave such an Answer as was satisfactory.
Stephen de Fulborne, 1279. Bishop of Waterford, was left Lord Justice till his Return: In his time were coyned in England several round Pieces of Money, viz. the Penny, the Half-penny, and the Farthing; which, by Proclamation were made current in England and Ireland, and yet the old Money was not cried down.
About this time the Irish Petitioned the King, that they might have the Benefit of the Laws of England extended to them▪ which produced the following Writ.
REX Archiepisc.Prin, 257. Abbatib. Comitib. Baronib. Militib. & omnibus Anglicis de terra Hiberniae, Salutem: Ex parte Hibernicorum de terra praedicta, nobis extitit humiliter supplicatum, quod sibi de gratia nostra concedere dignaremur, ut eisdem Legibus & Consuetudinibus communibus uti & gaudere possint in terra quibus Anglici ibidem utuntur & gaudent, & secundum easdem Leges & Consuetudines deduci valeant in futurum, Nos autem quia hujusmodi concessionem absque Conscientia vestra eis ad praesens non duximus faciendam, Vobis mandamus quod ad certos dies quos ad hoc provideritis, viz. citra Festum Nativitatis Beatae Mariae Virginis in aliquibus locis oportunis conveniatis, & inde diligentem tractatum inter vos habeatis, Vtrum sine prejudicio vestri, & Libertatum & Consuetudinum vestrarum, & etiam sine damno vestro dictam concessionem facere possumus eisdem, necne, & de omnibus aliis circumstantiis hujusmodi concessionem contingentibus, & de hoc quod inde feceritis, nobis citra proximum Parliamentum nostrum quod erit apud Westminster à die Sancti Michaelis in unum Mensem, sub Sigillo Justic. nostri Hiberniae, vel ejus locum tenentis, & Sigillo dilecti & [Page 75] fidelis nostri Roberti Baggot distincte & aperte, una cum concilio vestro constare faciatis, & hoc propter absentiam quorundam de paribus vestris quos ibidem interesse non contigerit, vel illorum qui sunt infra atatem, & in custodia nullatenus omittatis, ut nos ex tunc habita super hoc deliberatione pleniori inde provideri faciamus quod nobis & concilio nostro magis videbitur expedire, &c.
It is certain the Answer to this Writ was in the Negative; and I suppose the Reason was, That since the Irish generally were not amensnable to the Law, but still used, and would use, their own Brehon-Law and Tanistry, it was not fit they should have a general Benefit of the Laws of England; but rather, that every Person, Family or Sept, who would give some Assurance, or at least Promise of Allegiance and Submission to the English Laws, should by Special Writ, be admitted to the Benefit of them; and therefore we find a Multitude of such Writs and Licences, from this time forward; and many of them are in this Form, viz. Quod ipse & liberi sui de corpore suo legitime procreati hanc habeant libertatem. And sometimes it is to Them and Their Heirs; and sometimes to Them and Their Heirs of such a Sirname: But the most memorable Writ of this Sort is that which follows.
REx omnibus ad quos,Prin, 258. 6. Rich. 2. &c. Salutem, sciatis quod de assensu concilii nostri concessimus, pro nobis & haeredibus nostr. ad supplicationem Cornelii de Clone de Hibernia dicto of Fynatha, militis Hibernici, & pro suo bono gestu erga nos, & pro bono servitio quod nobis impendit tempore praeterito, tam praedicto Cornelio qui est de Natione Hibernica, quam omnibus aliis de praedicta Natione qui sunt & erunt ad obedientiam nostram, & de sanguine ipsius Cornelii existunt, & gerunt illud cognomen de Fynatha, quod ipsi tempore quo ipsi sic obedientes nobis vel haeredibus nostris existunt, uti & gaudere possint omnimodis haereditatibus, beneficiis & libertatibus in Terra nostra Hiberniae predicta, prout ligei nostri Anglicani & obedientes nostri ibidem gaudent, & utuntur, aliquo statuto vel ordinatione in contrarium edito non obstante, &c.
Robert de Vfsord, 1280. Lord Justice, returned from England, and kept all things in such good Order, that nothing is recorded of the two following Years, but the unfortunate burning the City of Waterford: But he being removed,
Stephen Fulborn, 1282. Bishop of Waterford (afterwards Archbishop of Tuam) was Lord Justice; it seems he had been also Lord Treasurer: And then the Irish made great Stirs in Connaught, Arlow, and Vpper Ossory, which cost many Lives; [Page 76] but the Loss fell heaviest upon the principal Rebels, Mortagh and Art mac Morough were slain by Penquir [...] at Arclow; and Mac Gilpatrick also met with an untimely Death in Connaught. And these Publick Contests were accompanied with Private Quarrels, so that Adam Cusack slew William Barret and his Brethren, about some Lands they contended for in Connaught.
It is to be remembred, That the Oastmen or Easterlings, had generally the benefit of the English Laws, by Charters from King Henry to each City: That of Waterford is to be seen in Sir John Davis his excellent Discourse, pag. 94. And it was this Year confirmed by King Edward.
Great part of the City of Dublin was this Year burnt,1283. and the Steeple and Chapter-House of Christ Church did not escape the Flames; but the Devout Citizens first made a Collection for the Repair of the Church, and then set themselves to the re-edifying their own Houses.
And so we come to a Trial,1284. very unusual in Courts of Justice in Ireland, tho' too frequent in the Field; viz. that of Battle;Ware presul, 142. for Jeofry Saintleger, Bishop of Ossory, in a Writ of Right, for the Mannor of Sirekeran, in Ely O Carol, recovered the same; and the Trial was by Battle, between the Bishops Champion, and the Champion of his Adversary.
The Lords and Potentates of Ophaly were grown strong enough to take and burn the Castle of Ley; 1285. and it seems Theobald Verdon going to revenge that Injury, lost both his Men and his Horses; which was followed with a greater Misfortune, for the next Morning Girald Fitz-Maurice was betrayed by his Followers, and taken Prisoner.
Nor had the English better Success at Rathdod, for in an unfortunate Skirmish there, Sir Gerard Doget, Ralph Petit, and many more were slain; and the Lord Geofry Genevil had much ado to save himself by Flight.
Amidst these Disturbances,Burlace, 31. the Lord Justice obtained from the King a Pension of five hundred Pound per annum, for his Expence and Charge in the Government, to continue as long as his Justiceship; but if any extraordinary Accident should require more Expence, than the Writ prescribes, That a Vice-Treasurer be appointed, to receive and pay the Revenue, as the Lord Justice and the Court of Exchequer shall think fit.
But the next Year was more favourable,1286. so that Philip Stanton, in November, burnt Norwagh and Ardscol, and other Towns; and the great Rebel Calwagh was taken at Kildare; which superseded these Stirs for a Time.
[Page 77] Nevertheless, this Year was fatal to many Noblemen, viz. Maurice Fitz-Maurice, who died at Rosse, as Girald Fitz-Maurice Oge, did at Rathmore; and the Lord Thomas de Clare could not escape the Common Fate, to which the Lord Justice himself was forced to submit: So that
John Sandford, 1287. Archbishop of Dublin, was chosen Lord Justice: His Government was the more uneasie to him, because Richard Burk, 1288. Earl of Vlster, and Walter Lacy, Lord of Meath, confederated against Theobald de Verdon, and Besieged him in the Castle of Athloan, and came with a great Army as far as Trim: However, this was in a great measure recompenced, by the Plenty of the Year, which was so great, (even in England) that a Bushel of Wheat was sold for four Pence.
It was usual in this King's Reign, To send the new English Statutes, in some reasonable time after they were made, to be proclaimed and observed in Ireland: Thus, in the thirteenth Year of his Reign, he sent by Roger Bretun the Statutes of Westminster the first, of Glocester, of Merchants, and of Westminster the second, to the Lord Justice (Fulborne) to publish and notifie them to the People: And this Year the like was done by the Statute called, Ordinatio pro Statu Hiberniae, which was enacted in England, and sent to Ireland, to be observed there; and is to be seen in French, in the second part of the Ancient Statutes, printed at London, 1532. And the Statutes of Lincoln and of York were also sent to Ireland, Ex lib. Alb. Scac. Hib. to be enrolled in the Chancery, and to be published and notified to the People, 20 Novemb. 17 Edw. 1. And it is to be observed, That after Parliaments were held in Ireland, yet the English Statutes did extend to Ireland; as the eleventh of Edward III,Lib. M. Lamb. of Drapery, and the twenty seventh of Edward III, of the Staple; and the fourth of Henry V, cap. 6-touching the Promotion of Clerks of the Irish Nation; and many more.
But it is time to return to the Lord Justice, whose Service the King had occasion to make use of in England, and in several Foreign Embassies; in all which he behaved himself honourably: He was succeeded in Ireland by
William Vescy, 15 Novemb. 1290. Lord Justice: Whose Government was disturbed by O Hanlon in Vlster, and O Mlaghlin in Meath, who were again in Rebellion; but Richard Earl of Vlster had the good Fortune to suppress O Hanlon with a few Blows; and the Lord Justice did as much for O Mlaghlin, and pursued him so close, that at last he was taken and slain by Mac Coughlan; who grew so proud, upon that Service, that he set up for himself, and gave a great Defeat to William Burk, at Delvin, and to the English in Ophaly.
[Page 78] And tho' the King, in the thirteenth Year of his Reign, had a Grant from the Pope of the Tenth of all Ecclesiastical Revenues in Ireland, for seven Years, toward the Holy War, which was followed with a Grant of a Fifteenth, from the Temporality; yet now, upon the Expiration of that Grant, he wrote to the Bishops and Clergy for a Dism of their Spiritualities, to defray his Debts in redeeming his Nephew Charles. But they unanimously answered, Quod concessioni petitionis praefatae minime supercederent. But Cambden assures us, That the Temporality granted another Fifteenth.
To this Lord Justice,Cambden 78. Baliol King of Scotland did Homage, for some Lands he held in Ireland; and about the same time it was ordered,4 Inst. 356. That the Treasurer of Ireland should account yearly at the Exchequer of England: 1293. And the same Year came over Gilbert de Clare, Earl of Glocester, whose Wife (Joan of Acres) was the King's Daughter.
But now there arose great Feuds between John Fitz-Thomas Fitz-Girald, Lord of Ophaly, and the Lord Justice; whereupon the Lord Justice did (underhand) encourage the Irish to do all the Prejudice they could to Fitz-Girald and his Partisans; hence arose mutual Complaints, and reciprocal Impeachments; so that both of them went, (or were fent for) into England: But it will not be unpleasant to the Reader, to have the Particulars of this famous Controversie, in the Words of Holingshead.
The Lord Justice hearing many Complaints of the Oppressions the Country daily received,Holingshead, 35 which he thought reflected on him, and insinuated his male Administration, therefore to disburthen and excuse himself, he began, in misty Speeches, to lay the Fault on the Lord John Fitz-Giralds Shoulders, saying (in parable wise) ‘That he was a great occasion of these Disorders, in that he bare himself in Private Quarrels, as fierce as a Lyon, but in these Publick Injuries, as meek as a Lamb.’ The Baron of Ophaly spelling and putting these Syllables together, spake after this Manner.
‘I Am heartily sorry, that among all this Noble Asembly you make me your only Butt, whereat you shoot your Bolt; and truly were my Deserts so hainous, as I suppose you would wish them to be, you would not labour to cloud your Talk with such dark Riddles, as at this present you have done; but with plain and flat English, your Lordship would not stick to impeach me of Felony or Treason; for as mine Ancestors, with spending of their Blood in their Sovereigns Quarrel, aspired to this Type of Honour, in [Page 79] which at this Day (God and my King be thanked) I stand: So your Lordship taking the nigher Way to the Wood, by charging me with Treason, would gladly trip so roundly on my Top, that by shedding of my Blood, and by catching my Lands into your Clutches, that butt so near upon your Mannors of Kildare and Rathimghan; as I dare say they are an Eye-sore unto you, you might make my Master, your Son, a proper Gentleman.’
‘A Gentleman! quoth the Lord Justice, thou bald Baron, I tell thee, the Vescies were Gentlemen before the Giraldins were Barons of Ophaly; yea, and before that Welsh Bankrupt, thine Ancestor (he meant Sir Maurice Fitz-Girald) feathered his Nest in Leinster. And whereas thou takest the Matter so far in Snuff, I will teach thee thy Lyripups after another Fashion, than to be thus malapartly cocking and billing with me, that am thy Governour. Wherefore, albeit thy Taunts are such, as might force the patientest Philosopher that is, to be choakt with Choler: Yet I would have thee ponder my Speech, as though I delivered it in my most sober and quiet mood. I say to the Face of thee, and I will avow what I say unto thee, That thou art a Supporter of Thieves, a bolsterer of the King's Enemies, an Upholder of Traytors, a Murderer of Subjects, a Firebrand of Dissention, a rank Thief, an arrant Traytor, and before I eat these Words, I will make thee eat a piece of my Blade.’
The Baron bridling, with might and main, his Choler, bare himself as cold in Countenance as the Lord Justice was hot in Words, and replied in this wise.
‘I Am very glad, that at length you unwrapt your self out of that Net, wherein all this while you masked: As for mine Ancestor (whom you term a Bankrupt) how Rich or how Poor he was, upon his repair to Ireland, I purpose not, at this time to debate; yet thus much I may boldly say, That he came hither as a Buyer, not as a Beggar, he bought the Enemies Land by spending his Blood: But you (lurking like a Spider in his Cobweb, to intrap Flies) endeavour to beg Subject's Livings wrongfully, by despoiling them of their Innocent Lives. And whereas you charge me with malapertness, in that I presume to chop Logick with you, being Governour, by answering your snappish Quid with a knappish Quo. I would wish you to understand, (now, that you put me in mind of the Distinction) [Page 80] that I, as a Subject, honour your Royal Authority, but as a Nobleman, despise your Dunghil Gentility. Lastly, Whereas you charge me with the odious Terms of Traitor, Murtherer, and the like, and therewithal you wish me to resolve my self, that you rest upon Reason, not upon Rage; if these Words proceed from your Lordship, as from a Magistrate, I am a Subject to be tried by order of Law, and am sorry that the Governor, who ought by vertue of his publick Authority, to be my Judge, is by reason of private Malice, become mine Accuser.’
‘But if you utter these Speeches as a private Person, then I John Fitz-Girald, Baron of Ophalie, do tell thee William Vescie, a singe-Sole Gentleman, that I am no Traytor, no Felon; and that thou art the only Buttress, by which the Kings Enemies are supported: the mean and Instrument by which his Majesties Subjects are daily spoiled: Therefore, I, as a Loyal Subject, say Traytor to thy Teeth; and that shalt thou well understand, when we both shall be brought to the Rehearsal of these Matters before our Betters. Howbeit, during the time you bear Office, I am resolv'd to give you the Mastery in Words, and to suffer you, like a brawling Cur, to bark; but when I see my time, I will be sure to bite.’
These biting Speeches passing to and fro, great Factions on both sides were raised, with high and mighty words and deep Oaths; till in time either part appeas'd his own. The Baron of Ophaly not sleeping, nor slacking his Matter, scudded with all haste into England, where he was no sooner inshoared, than Vescie (after he had substituted William Hay in his room) was imbarked, making as hot foot after the Baron as he could. The King and his Council understanding the occasion of their sudden Arrivals, to the end the Truth should be brought to light, appointed a set Day for the deciding of their Controversie, and that each of them should speak for himself what he could: Whereuon Vescie, being commanded to begin, spake to this effect:
‘AS I must acknowledge my self somewhat aggrieved, to be entangled in so intricate a Matter; so I am glad as heart can think, that so weighty a controversie is brought to the deciding of so upright an Umpire: And whereas it stood with your Majesties Pleasure, with the Advice of this your Honourable Council, That I, as unworthy, should have the Government of your Realm of Ireland; and during my Time, your Majesties Subjects have been, (I may not deny it) diversly annoyed, for my Discharge, as I said, in Ireland: [Page 81] So I avow here in England, that he kneeleth here before your Highness (pointing to the Baron of Ophaelie) that is the Root and Crop of all these Enormities; for it is well known that he beareth that stroke with the Irish, as if he once but frown at them, they dare not be so hardy as once to peak out of their Cabbins: And whereas his Force doth greatly amaze them, think you but his Countenance doth wonderfully encourage them? To the furtherance of which, it is apparently known, and it shall be proved, that he hath not only in hucker mucker, by sundry Messages imboldned your Majesties Enemies, to spoil your Subjects; but also by his personal Presence, in secret Meetings, he gave them such Courage, as neither the Royalty of your Highness, nor the Authority of your Deputy, neither the force of your Laws, nor the strength of your puissant Army, was able to quench the Flame of these Hurly-burlies, that through his traiterous drifts were enkindled: These, and the like Enormities, through his privy packing with Rebels, being daily committed, to bring me, your Majesties Governour in the hatred of the People, his Adherents both secretly muttered, and openly exclaimed against me and my Government, as though the Redress of all these Harms had wholly lain in mine hands.’
‘Whereupon, being in conference with such as were the Chieftains of your Realm of Ireland, albeit I took it to be expedient, to point with my Finger to the very Sink or Head-spring of all the Treasons that by secret Conspiracies were pretended and practised against your Majesty and your Subjects; yet notwithstanding having more regard to Modesty, than to the Deserts of the Baron of Ophalie, I did but glance at his packing in such secret sort, as none, or very few of the Company could guess, whom with my misty Speeches I did touch. And as commonly the galled Horse doth soonest kick; so this Gentleman, being prickt, as it should seem, with the sting of his guilty Conscience, brake out on a sudden, and forgetting his Allegiance to your Highness, and his Duty to me, your Deputy; he took me up so roughly, as though I had been rather his Underling, than his Governor: The Sum of which despightful Speeches I refer to the Testimony of the honourable Audience where they were delivered. As for his manifold Treasons, I am ashamed to rehearse such things as he did not stick to commit. And if it shall stand with your Majesties Pleasure, to adjourn the Trial for a few days, I will charge him with such apparent Items, as were his Face made of Brass, he shall not be able to deny any one Article that shall be booked against him.’
[Page 82] When Vescie had ended, the Baron of Ophalie prest himself somewhat forward, and in this wise spake:
‘WEre Mr. Vescie's Mouth so just a Measure, as what he spake, should be holden for Gospel, this had been no fit Place for so arrant a Traitor, as he, with his feigned glossing, would gladly prove me to be. But sith it pleased your Majesty, with so indifferent Ballance, to ponder both our Tales; I am throughly perswaded, that my loyal Innocency shall be able to overpoize his forged Treachery. Your Majesty hath heard many Words to small purpose; and as his Complaint hitherto hath been generally hudled up, so my Answer thereto may not particularly be framed. Whereas therefore, he termeth me a Supporter of Thieves, a Packer with Rebels, and a Conspirator with Traitors; If I should but with a bare word deny the Premises, all his gay Gloss of glittering Speeches would suddenly fade away: Yea, but he craveth respite for the Booking his Articles: Truly so he hath need; for loitering and lingring is the only way he may devise to cloak his Feigning and Forging; wherein he sheweth himself as crafty, as the Philosopher was accounted wise, that promised a Tyrant, upon menacing words, to School his Ass in Philosophy, so he had seven years respite; because that in that space he was perswaded, that either the Tyrant, the Ass, or he would die. In like wise Mr. Vescie, upon respite granted him, would hang in hope, that either the Life of your Majesty (which God forbid) should be shortned, or that I, in tract of time, would be disfavoured; or that he by one subtile Prank or other should be of this heavy Load disburthened,’
‘But if I have been as many years a Malefactor, as he advoucheth, how happeneth it, that his Tongue was tied before this late Dissention begun? Why did he not from time to time advertize the Council of my Treasons? Whereas now it may be probably conjectured, that he was edg'd to this Service rather for the hatred he beareth me, than for any love he oweth your Royal Majesty,’
‘Touching the Words I spake in Ireland, I purpose not for ought I heard as yet, to eat them in England. And when I shall be call'd to testifie such Speeches as I delivered there, I will not be found so raw in my Matter, as to lose my Errand in the Carriage, as Mr. Vescie hath done, or to crave further respite for the registring of his manifold Treasons. As for my secret Meetings with Irish Rebels, were [Page 83] I perswaded (Mr. Vescie) that you were able to prove them; I would be found willing to acknowledge them; for if my Conscience were so deeply stung, as you pretend, I would take it for better policy, by acknowledging my Trespass, to appeal to my King's Mercy, than by denying my Faults, to stand to the rigour of his Justice.’
‘And as for Meetings, I never had so many in Woods with Rebels, as you, Mr. Vescie, have had in your Chamber with Cows; For it hath been manifestly apparent, that when the Baron of Ophaly, and the best of the Nobility of Ireland have been imbarr'd from entring your Chamber, an Irish Cow should have at all times access unto you. No, Mr. Vescie, a Cow, an Horse, an Hawk, and a Silver Cup have been the occasion of your Slackness: when the Subjects were preided, you would be content to wink at their Misery, so that your mouth were stopt with Bribery. And when you had gathered your Crumbs sufficiently together, you held it for a pretty Policy (and yet it was but a bare shift) to charge the Nobility with such packing, as you daily did practise. But you must not think that we are Babes, or that with any such stale Device, or gross jugling Trick, you may so easily dusk or dazle our Eyes. Can any man that is but slenderly witted, so far be carried, as to believe, that Mr. Vescie, being the King's Deputy in Ireland, having his Majesties Treasure, having the Nobility at his Beck, the Kings Army at his Commandment, but that if he were disposed to bestir himself, he were able to ferret out such bare-breech Brats as swarm in the English Pale? If he said, he could not, we must smile at his simplicity; if he could and would not, how may he colour his Disloyalty?’
‘Yea, but I bear such a stroak with the Irish, as, that upon any private Quarrel, I am able to annoy them. What then? Because the Baron of Ophalie can revenge his private Injuries without the assistance of the Deputy, therefore the Deputy may not vanquish weak and naked Rebels without the furtherance of the Baron of Ophalie; whereas the contrary ought to be inferr'd, that if a private person can tame the Irish, what may then the publick Magistrate do that hath the Princes Pay? But indeed it is hard to take Hares with Foxes. You must not think, Mr. Ʋescie, that you were sent Governor into Ireland to dandle your Trulls, to pen your self up within a Town or City, to give Rebels the Gaze, to peel the Subjects, to animate Traytors, to fill your Coffers, to make your self by marring true men, to gather the Birds, whilst others beat the Bushes, and after to impeach the Nobility of such Treasons as you only have committed.’
[Page 84] ‘But for so much as our mutual Complaints stand upon the one his Yea, and the other his Nay, and that you would be taken for a Champion, and I am known to be no Coward, let us, in God's Name, leave Lying for Varlets, Berding for Ruffians, Facing for Crackers, Chatting for Twatlers, Scolding for Callets, Booking for Scriveners, Pleading for Lawyers; and let us try with the Dint of Sword, as becomes Martial Men to do, our mutual Quarrels. Wherefore to justifie that I am a true Subject, and that thou Vescie art an Arch-Traytor to God and to my King, here, in Presence of his Highness, and in the hearing of this Honourable Assembly,’ I challenge the Combat. Whereat all the Auditory shouted.
Now, in good Faith, quoth Vescie, with a right good Will. Whereupon both the Parties being dismist, until the King's Pleasure were further known, It was agreed, at length, by the Council, That the fittest Trial should have been by Battle. Wherefore the Parties being as well thereof advertized, as the Day by the King appointed, no small Provision was made for so eager a Combat, as that was presupposed to have been. But when the prefixed Day approached near, Vescie turning his great Boast to small Roast, began to cry Creak, and secretly sailed into France.
King Edward thereof advertised, bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly; saying, That albeit Vescie conveyed his Person into France, yet he left his Lands behind him in Ireland.
Mr. Pryn makes an Observation on this Case,Pryn, 259. as if an Appeal between Vescie and Fitz-Girald, in Ireland, had been adjourned to England. But to make the Remark useful, it is necessary not only to consider what he says, but also to consult the Records which he cites.
William Hay, 1294. Lord Deputy, to whom a Writ was sent, to admit Thomas Saintleger, Bishop of Meath, to be of the Privy Council: And not long after John Fitz-Thomas return'd to Ireland, big with Glory and Success, which transported him to a Contempt of all his Opposers; he began with Richard Burk, Cambdens Ann. Earl of Ʋlster, whom (together with William Burk) he took Prisoners in Meath, by the assistance of John Delamere, and confined them to the Castle of Ley.
But he had not so good luck in Kildare, which was made the Seat of the War, so that between the English and Irish it was entirely wasted; the Castle of Kildare was also taken, and the Records of that County burnt by Calwagh, Brother to the King of Ophaly: And these Misfortunes were accompanied with great Dearth and Pestilence.
[Page 85] William Dodingzel, Lord Justice, found Work enough to struggle with these Difficulties, and the rather, because John Fitz-Thomas appeared again with a great Army in Meath: But the Parliament soon after met at Kilkenny, 1294. and obliged him to release the Earl of Ʋlster, taking his two Sons Hostages for him. And it seems that this did not satisfie the Complainants, but that they impeached him at the Parliament, in England, Lib. GGG. (23 E. 1.) for divers Offences and Felonies done in Ireland. Lambeth. He protested he could clear himself by Law, but because he would not,Prin, 259. cum ipso Domino Rege placitare, he submits himself wholly to the King's Favour;1295. into which he was received, upon Pledges for his future demeanour, and 'tis probable he was also obliged to release his Claim to the Castle of Sligo, and other his Lands in Connaught; which was the Occasion of all this Stir.
About Easter the King built the Castle of Beaumorris in Wales, 1295. for the better security of a Passage to and from Ireland: And about the same time,Bishop Ʋsher's life, 34. the King required Aid, to marry his Sister to the Emperour; and such as did contribute thereunto, are mentioned in the Pipe-Rolls of the Exchequer.
In the mean time, on the third Day of April, the Lord Justice died; and during the Interval of Government, the Irish made use of the Opportunity, and wasted great part of Leinster, burnt Newcastle, and many other Towns: But at length the Council chose
Thomas Fitz-Maurice Fitz-Girald, Lord Justice, he was nicknamed Nappagh, Simiacus, or the Ape, because when his Father and Grand-Father were murdered,Frier Russel. M. S. at Calan, the Servants (on the news of it) run out of the House, as if distracted, and left this Thomas in the Cradle; whereupon an Ape (which was kept in the House) took up the Child, and carried him to the top of the Castle of Traly; and brought him down Safe, and laid him in the Cradle, to the admiration of all the Beholders.
This Lord Justice was Father of the first Earl of Desmond, and was so great a Man, that he is often styled Prince and Ruler of Munster: But it seems he supplyed the Place of Lord Justice but a very short time; for
John Wogan, 1295. Lord Justice, arrived from England, on the eighteenth of October: He made a Truce for two Years, between the Burks and the Giraldines; and received a Writ to take the Fealty of the Abbot of Owny, in the County of Limerick; and having called a Parliament (which it seems setled Matters to his Mind) he went with a smart Party, to aid the King in Scotland: His Majesty nobly feasted them, at Roxborough Castle; and they, in requital, did the King very good Service. But that you may see what sort of Parliaments [Page 86] were in Ireland, in those Days, I will present the Reader with a List of this Parliament.
- Richard de Burgo, Earl of Ʋlster.
- Geofry de Genevil.
- John Fitz-Thomas, afterwards Earl of Kildare.
- Thomas Fitz-Maurice (Nappagh).
- Theobald le Butler.
- Theobald de Verdun.
- Peter de Brimingham of Athenry.
- Peter de Brimingham of Thetmoy.
- Eustace de Poer.
- John de Poer.
- Hugh de Purcel.
- John de Cogan.
- John de Barry.
- William de Barry.
- Walter de Lacy.
- Richard de Excester.
- John Pipard.
- Water L'enfant.
- Jordan de Exon.
- Adam de Stanton.
- Symon de Phipo.
- William Cadel.
- John en Val.
- Morris de Carew.
- George de la Roch.
- Maurice de Rochfort.
- Maurice Fitz-Thomas of Kerry.
William de Ross, 1296. Prior of Kilmainham was left Lord Deputy to Wogan; but either the Irish did not fear him (being a Clergyman), or they thought this a time of Advantage, whilst the Lord Justice, and many of the Nobility and best Soldiers, were in Scotland; and therefore to improve it, (as they were used to do) they rose in Rebellion, in several Places. Those of Slewmargy burnt Leighlin, and other Towns:1297. But O Hanlon and Mac Mahon, met with more Opposition in Vrgile, for they were both slain.
John Wogan, 1298. Lord Justice, returned again from Scotland, in October, and throughly reconciled the Burks and the Giraldines, and kept every thing so quiet, that we hear of no Trouble in a great while, except some Disturbance the Irish gave to the Lord Theobald de Verdun, in attacking his Castle of Roch.
Pollard Mony was now decryed both in England and Ireland; 1300. and the King did again enter Scotland, and sent to Ireland for Aid; and wrote not only to the Lord Justice, but also sent particular Letters to every one of the Nobility to attend him.
Whereupon the Lord Justice, accompanied by John Fitz-Thomas, Peirce Brimingham, and many others, made a second Expedition into Scotland, with good Success. In the mean time, part of the City of Dublin, and particularly S. Warberg's Church, was burnt, on S. Colme's Eve; and the Irish were again at their usual Pranks, taking Advantage of the Lord [Page 87] Justices absence (who I suppose did again depute William de Ross) and in Winter assaulted and burnt Wicklow and Rathdan; 1301. but they were well paid for their pains, and in Lent had been ruin'd, but for the Dissention and Discord of the English; and in the Harvest before, some of the Irish also had their share of Civil Discord; for they fell out amongst themselves, so that the O Phelims and O Tools slew three hundred of the Birns, under the Notion of Thieves or Tories.
Neither was Munster free from the like Calamity; for it felt the heavy hand of Walter le Poer; who burnt and wasted great part of it:Davis, 93. Nevertheless the Justices in Eyre sate this Year at Tredagh. And it seems that in those days as well Common Pleas, as those of the Crown, were tried before the chief Governor; for I find this Entry 32 Ed. 1. A die S. Martini in quindecim dies, de Commun. Placit. apud Dublin coram Johanne Wogan Justiciar. Lib. G. Lambeth. Hiberniae; and sometimes they did it by Commissioners; as, 6 Ed. 2. Coram Waltero de Thornbury Cancellario & Willielmo Alexander assignatis loco Edmondi le Butler, Custode Terrae Hiberniae, alibi in remotis agendis.
John Wogan Lord Justice,1302. being return'd, call'd a Parliament; the Effects whereof I find not; but on the 17th. of January issued a Commission to Richard Earl of Ʋlster, the Lord Justice, and Tho. Cantock Lord Chancellor, to ask a Subsidy from the Clergy, pro salvatione Coronae suae, &c. And the King wrote particular Letters to them, but all to no purpose: Nevertheless Pope Boniface would not be so served; for he obtain'd (or exacted) from them a three years Disme to aid the Church against the King of Aragon.
The Lord Edmond Butler recovered the Mannor of Holywood in Fingal, from the Archbishop of Dublin, by Fine or Concord between them (in the Kings Bench, says Cambden) and the same Archbishop took great pains to reconcile the two Churches of St. Patrick's and Christ-Church in Dublin, Ware de Presul. 110. and made Articles between them, which were not observed; in the mean time,Says an. 1300. Hugh de Lacy preyed the Estate of Hugh Verneil, I suppose for some private Injuries.
Richard Burk, 1303. Earl of Ʋlster, accompanied with Eustace le Poer and a good Army, went to aid the King in Scotland; and the Earl made thirty three Knights in the Castle of Dublin, before he set out; and it is observable, that in all Commissions, and even in the Parliament-Rolls, this Earl is always named before the Lord Justice.
This Year died Gerald, 1304. eldest Son of the Lord John Fitz-Thomas, as also the Countess of Ʋlster, and William de Wellesby, and Sir Robert Percival were slain in October; also an [Page 88] Order issued to pardon Maurice de Carew Four hundred pound Arrearages he owed the King for his Lands in Desmond, Lib. F. Lambeth. because he was serving the King in Scotland; and now again was a great part of Dublin accidentally burnt.
The next Year produced abundance of Villany;1305. for Jordan Comin, with his Complices, murdered Mortagh O Connor, King of Ophaly, and Calwagh his Brother, and some others, at Pirece Brimingham's House in Carbry, in the County of Kildare; and some Irish-men did the like by Sir Gilber Sutton, Seneschal of Wexford, at the House of Heymond le Grace, and Heymond himself had much ado to escape; and this year there was an Inquest of Trailbaston.
It seems the Mayor of Dublin had made some Complaints to the Irish Parliament, against the Treasurer and Barons of the Exchequer;4 Inst. 350. which was adjourned or transmitted to England, and the Mayor was committed to the Tower, and fined, because he could not make out his Acusation.
The Year 1306.1306. was not less bloody than the former; for on the 13th. of April, the O Dempsyes made great Slaughter of the O Connors, near Geashil in Ophaly, and O Dempsy Captain of the Regans was there slain.
Soon after which, O Bryan King of Thomond, was murdered; and Daniel Oge Mac Carthy did as much for his Father Donald Roe, King of Desmond; to which we may add, that Pierce Brimingham was defeated in Meath, May 12, and Ballymore was burnt by the Irish, and Henry Celse was there kill'd.
Hereupon great Wars ensued, and the English were summoned out of other Provinces to the Relief of Leinster; they had a notable Battel at Clenfel, where Sir Thomas Mandeville fought valiantly, till his Horse was kill'd under him; but what the Event of the Battel was, is not recorded.
About this time, Thomas Cantock, Chancellor, being consecrated Bishop of Emly, made the greatest Feast for poor and rich, that ever was seen in Ireland, to that day.
This Year Murchod Ballagh was beheaded near to Merton, 1307. by Sir David Canton, or Condon, who was afterwards hang'd for it in Dublin, anno 1309. And on the first of May the Oscheles (perhaps O Kellyes) in Connaught, routed and slew many Englishmen, and the Tories of Ophaly razed the Castle of Geashil, and on the 6th of July burnt the Town of Ley, and besieged the Castle; but at length they were dispersed by John Fitz-Thomas and his Son-in-Law Edmond le Butler.
In the mean time, on the 7th of July, this Noble and Victorious King died of a Dysentery at Barough upon the Sand, in the five and thirthieth year of his Reign, and of his Age the sixty eighth.
THE REIGN OF EDWARD II. King of England, &c. And LORD of IRELAND.
EDWARD the Second (stiled of Carnarvan, 1307. the Place of his Birth) began his Reign on the seventh Day of July, 1307. with great Applause both of Nobility and People; but he soon disappointed their good Expectations, and not only recalled Gaveston, contrary to his Fathers Express and Last Commands, but also gave him the thirty two thousand Pound, which his Father had specially appointed for the Holy War;Baker, 109. moreover, he went to Bulloign, and married Isabel, Daughter of Philip the Fair, King of France, on the twenty second Day of January 1307, without any Portion in Mony: And on the twenty fourth Day of February, both he and she were crowned at Westminster, by Henry, Bishop of Winchester, with exceeding Pomp.
As to the Affairs of Ireland, they were little regarded at this time, so that there were small or no Alterations in that Government; and
Sir John Wogan still continued Lord Justice; and in Decem. received an Order to suppress the Knights Templars; which [Page 90] was effectually executed here, on the third Day of February, as it had been in England the seventeenth Day of January before;Cambden, 165. so that the King got four hundred Pounds Worth of their Goods; which it seems was a great Sum in those Days.
This Year proved very unfortunate, as well by the Death of the famous Peter de Breminghan, on the twelfth of April, as by the Rebellious Disturbances of the Irish; amongst whom William mac Balthar was most active, for he and his Complices burnt the Castle of Kenun, on the eleventh of May, and slew most of the Ward; they also burnt the Town of Courcowly, and on the sixth of June discomfited the Lord Justice, near Glandelory, where John de S. Hogeline, John Norton and John Breton were slain; and being elevated with this Success, on the sixteenth of June they burnt Tobir, Danlavan, and many other Villages.
But the Lord Justice was so vigilant, that before the end of August the Rebels were dispersed, and their Captain, William mac Balthar, was taken and hanged.
In the midst of these Disturbances, John Decer, Mayor of Dublin (who had some time before built the Bridge over the Liffy, Ibid. 166. near S. Wolstons, and the Chappel of our Lady, at the Friers Minors, and had also repaired the Church of the Friers Preachers, and every Friday feasted the Friars at his own Cost) did now build the high Pipe in Dublin.
But the Lord Justice being sent for into England, to give an Account there of the miserable State of Ireland, substituted.
William Burk, August. 1308. Custos, Warden, or Deputy of Ireland: He was Ancestor of many Noble Families, and particularly of the Lords Castleconel and Leitrim.
In his time the Irish burnt Athy, and Richard Talon was murthered by Maurice de Condon, Cambden, 166. and Candon was served in the same kind by the Roches, and Odo mac Cathol O Connor slew Odo King of Conaught: But in March following
Peirce de Gaveston (an insolent Frenchman) was by the Nobility of England, in Parliament, banished that Kingdom; whereupon the King (to make this Exile of his Favorite as easie as he could) gave him the Government of Ireland, and assigned to him the Revenue and Royal Profits of that Realm, so that thither he came with a great Retinue; and he behaved himself so well, that he broke and subdued the Rebels in the Mountains near Dublin.
He slew Dermond O Dempsy, a great Irish Captain, at Tully; he marched into Munster, and subdued O Brian in Thomond; he rebuilt the new Castle of Mackingham, in the Kevins Country, and repaired the Castle of Kevin, and cut and cleansed the Paces between that and Glendelough; he [Page 91] was exceedingly beloved of the Soldiers, both for his Liberality and Valour, and might have done much Good there, if he had staid longer.
Nevertheless he could not brook Richard Earl of Ʋlster, who was the greatest Lord in Ireland: This Earl (as it were to nose Gaveston) did at Whitsontide, keep a great Feast at Trim, Camb. 166. and dub'd two of the Lacies Knights; and marched as far as Tredagh, to encounter the Lord Lieutenant; but on better Advertisement he returnd.
But the King impatient of Gaveston's longer Absence, recalled him on the twenty third of June; and sent in his Room
Sir John Wogan, 1309. Lord Justice;M. S. Fragm. and in October following, the Noble Lord,4. says, 1308 Roger Mortimer, came over with his Wife, (Heiress of Meath) and had quiet Possession of that Country, the Grand-father (Sir Geofry Genevil) entring into a Monastery. On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol; but it was found to be in his own Defence.Cambded, 167. And in the same February, there was a Parliament held at Kilkenny, before the Earl of Ulster and the Lord Justice, (according to the Custom and Usage of those times) which appeased many Civil Discords, and enacted many good Laws; which Mr. Pryn says,Pryn, 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland, except that of Henry II, aforesaid; but without question he is mistaken.
And it seems,Pryn, 259. That in the beginning of the next Year, or the latter end of this, there was another Parliament (or Assembly of the great Men) at Kildare; where Poer was acquitted of the Death of Bonevil.
About this time Wheat was sold for twenty Shillings the Erane;Cambded, 167. and the Bakers were drawn on Hurdles, through the Streets of Dublin, for their Knavery.
In the Year 1310. Richard de Havering, who under Pretence of the Popes Provision,1310. had assumed the Title of Arch bishop of Dublin, and enjoyed all the Profits of that See without Consecration, for four Years and upward, was so terrified by a Dream, that he resigned his Bishoprick to the Pope that gave it him:Ware de praesul, 111. And though Alexander Bricknor had the better in the Election, the seventeenth of March, 1610. yet John Lech (by the Power and Favour of the King) enjoyed the Bishoprick, and begun the Controversie with Rowland Jorse, Archbishop of Armagh, about elevating his Crosier, in the Province of Leinster, and managed it so dextrously, or rather so violently,Hook. 65. that he forced the Primate to fly by Night, in his Pontificals, from Howth to the Priory of Grace Dieu, and thence chased him out of the Diocess (or rather [Page 92] Province) of Dublin, and in the same year the Judges of the Court of Kings Bench were reduced to the number of Three.
The Year 1311 was troublesome enough;1311. for,Frag. 4. in May, Richard Earl of Ʋlster invaded Thomond, Davis 134. and marched up to Bunratty, where Richard de Clare met, and defeated him, and took him, the Lord William Burk, and others of his Kindred Prisoners, and slew John de Lacy, and many more of the Earls Followers; and in November following the same Richad de Clare defeated the Irish, and slew Six hundred Galloglasses.
Nor were the Civil Discords less amongst the Irish; for Donough O Bryan was murdered by his own Men in Thomond, and John Mac O Hedan was slain by O Molmoy, and William Roch was murdered by a Tory; However, the Birnes and Tools were numerous enough to invade Taslagard and Rathcanle, and to terrifie Dublin, by lurking up and down the Woods of Glendelory: Nor could the State suppress them, because Robert Verdon began a Riot in Ʋrgile, and was so powerful, that he defeated the Lord Justice and his small Army,1312. July 7. 1312. but afterwards (upon better consideration) he voluntarily submitted himself to the Kings Mercy; whereupon the Lord Justice went for England, and left in his stead▪
Sir Edmond Butler, 1312. Lord Deputy, who being now at leisure to deal with the Birnes and Tools, he manag'd that Affair so well, that he soon forc'd them to submit; and then sent his Father-in-Law, the Lord John Fitz Thomas (afterwards Earl of Kildare) General into Munster; who, at Adare Knighted Nicholas Fitz Maurice (afterwards Lord of Kerry) and others.
This Year was famous for two mighty Marriages, of Maurice (afterwards Earl of Desmond) and Thomas Fitz John, afterwards Second Earl of Kildare, to the two Daughters of the Earl of Ʋlster.
But these Rejoycings were soon over,1313. and the Misfortunes of the English in Scotland, drew on a Scotch Invasion of Ireland.
At first, the Scots only sent some Boats to prey the Costs of Vlster, which were well resisted; but before the year was out, Edward Bruce came in Person; he forc'd and rob'd the Castle of Man, and took the Lord O Donel Prisoner; it seems he retir'd again, to collect a greater Army, and the Deputy (after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin, 1314. and had taken the best care he could to defend the Realm against the Scots) was sent for to England; and,
[Page 93] Sir Theobald de Verdon was made Lord Constable or Justice of Ireland, Prin, 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk, into Ireland, to treat with the great Men there, about the Kings Affairs, and by him sent Writs, in the Nature of Letters of Credence, to Richard Earl of Ʋlster, and all the rest of the Nobility by Name, and a general Writ or Letter to the Lord Justice and the great Officers of State, to the same effect;Ibid. 260. and another Writ to assist him, and to summon the Nobility to a general Meeting, that Hothum might communicate the Kings Pleasure unto them.
He also sent Writs to the Lord Justice, the Earl of Ʋlster, and several other great Men, to attend his Parliament in England; and to appoint a sufficient Deputy or Keeper of Ireland till their Return;Prin, 261. And because the Words, Vestrum (que) Concilium impensuri are omitted, Mr. Prin observes rightly, that these Irish Lords went as Commissioners or Agents from Ireland, to inform the King and Parliament of the state of Affairs there, and did not go to serve in Parliament, as my Lord Cooke would have it.4 Inst. 350.
I do not find whether the Lord Justice went or not, nor, (if he did) what Deputy or Keeper of Ireland was appointed in his room; but whoever had it, did not keep the Office long; for on the 27th of Febr.
Sir Edmond Butler, Frag. 5. 1315. Lord Justice returned; and soon after, viz. on the 25th. of May 1315, Edward Bruce and six thousand Scots Landed near Carigfergus in Ʋlster; with them joyned several of the Irish, and together they marcht to Dundalk, which they took and burnt on the 29th. of June; they also spoil'd Ʋrgile, and drove most of the English out of Ʋlster. To oppose them, an Army was rais'd, which rendezvouz'd at Dundalk, July 22. But whether it were, that the Scots were retired, or that the English Commanders could not agree, the Lord Justice return'd to Dublin, and left the Earl of Ʋlster to pursue the Scots; with whom that Earl had a Battel near Colrain, Camb. 169. on the 10th. of September, and was defeated, and many of the English slain, and William Burk, John Stanton and others were taken Prisoners.
This great Loss could not be recompensed with the slaughter of forty Scots, which was performed by some English Mariners; and therefore Bruce (to follow his Blow) caused his Army to besiege Carigfergus, Septem. 15. and sends his Brother William Bruce into Scotland for a Supply.1315. In the mean time, the Irish every where insult over the unfortunate English, and generally rebel throughout Ʋlster and Connaught; they burnt Athloan, October. and Randan, and Cathol Roe O Connor razed three Castles of the Earl of Ʋlster's in Connaught.
[Page 94] In November following the English under Roger Mortimer, 1315. had another Battel with the Scots at Kenlis in Meath, and were routed with great Slaughter, by the Treachery of the Lacies: Hereupon Bruce burnt Kenlis, Granard, Finagh, and Newcastle, and came to Loghsendy, where he kept his Christmas, and afterwards also burnt it; thence he marched through the County of Kildare, unto Rathingan, Kildare, Castle-Dermond, Athy, Raban and Sketheris, where the Lord Justice (accompanied by the Lord John Fitz-Thomas and many others) encountred him on the 26th. of January, and was defeated, by reason of some unhappy Fewds and Misunderstandings in the English Army.
Hereupon, the Irish of Munster and Leinster rose in Rebellion, and the Birns Tools and Moors burnt the Countrey from Arclow to Leix; but the Lord Justice gave them a Rebuke, and brought fourscore of their Heads to the Castle of Dublin.
Ireland being in so tottering a condition, the King sent Sir John Hotham over again, to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal; which was accordingly performed by the Lord John Fitz-Thomas, afterwards Earl of Kildare, Cambd. 171. Richard de Clare, Maurice, afterwards Earl of Desmond, Thomas Fitz-John Poer, Arnold le Poer, Febr. 4. Maurice Rochford, David and Miles de la Roch, and many others.1315.
And now both Armies were early abroad; The Scots having burnt the Castle and Church of Ley, did on the 14th. of February rendezvouz at Geashil, as the English did the same day at Kildare: But the Scots, for want of Provision, were forced to return to Ʋlster; nevertheless, in their way they took Northburgh Castle, and then sate down in their Quarters, to that degree of quietness, that Bruce kept Court, and held Pleas there, as if it were in times of the most profound Peace; For the English Army had work enough nearer home, and therefore the Lord Justice (on the Scots retreat) did likewise return to Dublin, and there summoned a Parliament or general Assembly, which reconciled some great Men then at odds, cleared Walter Lacy of the Treachery imputed to him, and established the Measures of carrying on the War. And it was wisely done to begin with the Moroughs, Tools, and other Mountaineers of the County of Wicklow, because they daily infested the City of Dublin, and had destroyed both the Town and Country of Wicklow; and because the Army was not strong enough to secure the City, and at the same time to pursue the Scots,1316. the Success justified their Conduct; for in April the Tories were defeated.
[Page 95] However, the Scots were not so much neglected, but that the Lord Thomas Mandevil was appointed to have an eye to them; but he could but skirmish with them; which he did valiantly,Camb. 172. and kill'd Thirty Scots in one Encounter, and was himself slain in another.
But Bruce came over with fresh Supplies from Scotland, and so despised the small force of the English, that in May he caused himself to be Crowned King at Dundalk, 1316. and thereupon grew so insolent, that he spared neither Churches nor Abbeys; Women or Children found no Mercy at his hands; but on the contrary, he destroyed all that opposed him, or that belonged to the English, and he burnt great part of the Countrey, as the Irish did the Church of Athird.
It was high time to encourage the English to their defence, and the defence of the Kingdom; and therefore, as well to reward for Services past,1316. as to engage them for the time to come,Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen. the Lord Justice was made Earl of Carrick, and John Fitz-Thomas was made Earl of Kildare, May 14. 9 Ed. 2. and others received other Favours from the King: The Burks and Geraldines were reconciled, and every one (in his station) set himself manfully to the preservation of the Kingdom.
Richard de Clare and Bremingham had the better of the Irish in Connaught, and slew many of them, and about Whitsontide made a Sally into Munster, and kill'd three hundred Irish there; and the Lord Justice was not less active in Leinster; for he defeated O Morrough at Bally lethan, and made a great Slaughter of the Rebels at Tristle Dermond, and slew about four hundred of the Irish of Omayle.
There is a Writ in Mr. Prin's Animadversions on the 4th. Institute, Prin, 261. too long to be here recited; whereby it appears, That an Englishman was punishable by Death, for Killing, Burning, Theft or Robbery, committed against an Englishman; but an Irishman was only punishable at the discretion of the Brehon for Theft or Robbery of an Englishman; but that in time the chief Governors did commute the punishment of any Felony (even Murder of an Englishman) for Money; and thereby Witnesses were discouraged to testifie the Truth, lest the surviving Felon might revenge it: Therefore the Writ requires to assemble the Lords and COMMONS to advise, &c. In the same Writ is mentioned, that the Irish petitioned for an Annual Parliament; and because it is certain there were not Parliaments every year, even in this Kings Reign,Prin, 263. Mr. Prin conceives, that my Lord Cooke mistook that Petition, for an Order for an Irish Annual Parliament, which he says, was at this time made; but the Manuscripts M. and GGG. at Lambeth, 4 Insl. 350. do agree with my Lord Cooke, that there was such an Order.
[Page 96] But let us return to Bruce, who on Midsummer-Day summoned Carigfergus; and though eight Ships were sent thither from Tredagh, yet the Garrison were reduced to the extremity of eating Leather, and of feeding on eight Scots, who were their Prisoners; and so were at length forced by Famine to surrender in the latter end of August.
Nor did better News come from Connaught, where O Connor defeated a Party of the English, and slew the Lord Stephen of Exester, Miles Cogan, and eighty of the Barryes and Lawleys.
But this Misfortune was not long unrevenged,Frag. 6. for on the fourth Day of August, William de Burgo and Richard de Bremingham, encountred Fylemy O Connor, King of Connaught, and a numerous Army of Irish, near Athenry, with prodigious Success, for they slew the King of Connaught and eight thousand of his Men:Aug. 1316. The Valour of Hussy, a Butcher of Athenry, was very remarkable on this Occasion, for he fought with O Kelly and his Squire together, and slew them both; for which he was knighted, and is Ancestor of the reputed Barons of Galtrim.
They say Athenry was walled with the Plunder of this Battle,Cambd. 172. and that the brave Brimingham was made Baron of Athenry for this noble Service; and his Heir is now the first Baron in Ireland.
About the same time, viz. in August, 1316. O Hanlon came for Contribution to Dundalk; but the Townsmen (under Robert Verdon, who lost his Life in the Service) entertained them so valiantly, that O Hanlon was forced to leave two hundred of his Followers behind him.
About the end of August died the Noble Earl of Kildare, Ibid. 173. and was succeeded by his Son Thomas.
On the fourteenth of September, Ibid. Burk and Briminghan got another Victory in Conaught, and slew five hundred Irish, and their Captains Connor and the Mac Kelly; and in the latter end of October, John Loggan and Hugh Bisset, routed the Scots in Ʋlster, and slew one hundred with double Armour, and two hundred with single Armour, besides many of their naked Followers, and sent Prisoners to Dublin Sir Alen Stewart, Sir John Sandale, Ibid. and other Scotchmen.
In December the Lacies procured themselves to be Indicted and Acquitted of introducing the Scots into Ireland, and then had the King's Charter of Pardon;Ibid. whereupon they renewed their Oath of Fealty, and took the Sacrament to corroborate the same.
The Scots (being joyned with the Irish of Ʋlster) gathered a numerous Army, computed to be near twenty thousand Men; and in Lent they marched as far as Slane, destroying the Country as they went.
[Page 97] The Earl of Ʋlster was then at S. Mary Abbey near Dublin, but some Misunderstanding hapning between him and the Citizens,1316. Robert Notingham, then Mayor of Dublin, caused the Earl to be imprisoned in the Castle of Dublin, and in the Fray seven of the Earl's Servants were slain, and the Abby was spoiled, and some of it burnt.
Hereupon Bruce marched toward Dublin, Febr. 24. and took the Castle of Knock, and the Lord Hugh Tyrrel in it, who with his Wife, were afterwards ransomed for a piece of Mony. The Dublinians burnt the Suburbs to secure the City, some Churches were destroyed in this Hurry, and the Cathedral of S. Patricks did not escape: But Bruce understanding the City was well walled, and that the Citizens resolved to defend it, he turned aside to the Naas, being conducted and advised by Lacy, notwithstanding his aforesaid Oath. At the Naas they staid two Days, spoiled the Churches, opened the Tombs to search for Treasure, and at last burnt the Town, and thence marched to Castledermot, Gauran and Callan, destroying the Country as they went.
And what better could be expected, when the King's Authority was so little regarded in Ireland, that his Writ (to bail the Earl of Ʋlster) was disobeyed by the Mayor of Dublin.
Some of the Ʋlster-Men pretended an Aversion against the Scots,Camb. 174. and desired Aid and Commission from the King; they had the Commission at last, and the King's Standard was delivered to them, but they did more harm with it than the Scots had done; they so behaved themselves (if you believe my Author) that they purchased the Curse of God and Man.
Bruce marched near Limerick, to Kenlis in Ossory, and about Palmsunday he came to Cashel, and thence marched to Nenagh, wasting all the Lord Justice's Estate in the Counties of Kilkenny and Typerary.
In the mean time, the English Lords were Assembled at Kilkenny, Davis, 169. says Desmond was General. and had gathered a numerous Army, consisting (of all sorts) of thirty thousand Men, and under the Conduct of the Lord Justice and Earl of Kildare, designed to pursue the Scots;1317. when on Thursday in Easter-week there arrived at Youghal
Roger Mortimer Lord Justice, cum triginta & octo Militibus; who immediately sent word to the English Generals, not to fight till he came; but Bruce (upon notice of his Arrival) marcht toward Kildare, and so to Naas; and tho' he lurkt almost a week in the Woods near Trim, to refresh his Men, yet afterwards he made such haste, that in the beginning of May he got into Ʋlster.
[Page 98] The Lord Justice (seeing Bruce had retreated) suffered his voluntary Army, which the Irish call (a rising out) to return to their own homes, the better to refresh themselves, till a new Summons, and went himself to Dublin, and with the Lord Wogan, Sir Fulk Warren, and thirty Knights more, he held a Parliament at Kilmainham; where the deliverance of the Earl of Ʋlster was the chief thing treated of; and it was at last effected at a second Meeting of the Parliament about Whitsontide; Prin, 263. that Earl first taking an Oath on the Sacrament, neither by himself, his Friends or Followers, to grieve those of Dublin for his Apprehension.
To all these Misfortunes was added that of a prodigious Dearth; Wheat was sold for three and twenty Shillings the Cronoge,Lib. P. Lambeth. Oats six Shillings, and Wine eighteen pence a Quart, and other things proportionably; so that many died for want.
The Lord Justice,1317. about Whitsontide, marched to Tredagh, and thence to Trim; and sent for the Lacies, who not only refused to come, but murdered the worthy Messenger Sir Hugh Crofts; but the Lord Justice soon revenged that Affront; for he wasted the Lands, and seized on the Goods of the Lacies, slew many of their Men, and drove themselves into Connaught, and proclaim'd them Traytors, and so return'd to Dublin by the way of Tredagh.
The Lord Justice had now leisure to assail O Fervil, Cambd. whom he soon forced to submit; as did also soon after O Birne, tho' not till there was [...]irst a Battle between the Lord Justice and the Irish of Omayle, wherein the Irish were worsted.
In October the Archbales (or Aspoles) submitted to the Earl of Kildare, and gave Hostages of their good Behaviour; and in February Sir Hugh Canon, Chief Justice of the Court of Common Pleas was murdered by Andrew Brimingham, between the Naas and Castlemartin.
The Pope by his Bulls commanded a two years Truce betwixt the English and Scots; but Bruce (whose Quarters probably were so destroyed, that they could not afford him subsistance) refused to consent thereunto. For about this time the Irish of Ʋlster were reduced to so great want, that they took dead Folk out of their Graves,Cambden. and boyl'd their Flesh in their Skulls; so that by reason of Famine and Sickness, there escaped but three hundred of ten thousand men which were in Arms; which my Author says was a Judgment on them, for eating Flesh in Lent, and other Wickednesses.
Not were the Men of Connaught in a mnch better condition; for there happened a Feud between two of the Irish Princes there, which occasioned the Slaughter of four thousand of their Followers.
[Page 99] On Shrove-Sunday the Lord Justice kept a great Feast in the Castle of Dublin, and dubbed John Mortimer and four others Knights.
After Easter, the Lord Justice received Command to repair to the King; but before he went, he had the bad News that the Lord Richard de Clare, Sir Henry Capel, Sir Thomas de Naas, 1318. and two of the Cantons, and fourscore others were slain by O Bryan and Macarthy, on the 5th of May. This Lord Justice caused John de Lacy to be press'd to Death at Trim, because he would not plead to the Indictment against him; and then (a Month after Easter) he went for England, being a thousand pound in debt to the Citizens of Dublin; and he left in his room
William Fitz-John, 1318. Archbishop of Cashel, Governor of Ireland; in whose time, great Plenty was again in that Kingdom, and (which was very strange) new Bread was to be had on St. James's Day, which was made of New Wheat of the same years growth.
Alexander Bicknor, who was confirm'd Archbishop of Dublin, was also sent over Lord Justice: He landed at Youghal the 7th of October, and soon after, Bruce, with about three thousand Men came to the Fagher, within two Miles of Dundalk: The Lord John Brimingham, whom the Justice made General, with many brave Captains, and one thousand three hundred and twenty four good Souldiers, marcht from Dublin to encounter him,Cambd. 178. and they managed the Conflict so valiantly, that they slew Bruce and two thousand of his Men,On Calix [...]us Day. and the General carried his Head to the King, and was therefore made Earl of Louth, and had twenty pound per annum, Selden Titles of Honour. Creation-Money, and the Mannor of Athird granted to him: Et sic per dextram Dei, & manus communis Populi liberatur populus Dei à servitute machinata & praecogitata; Lib. rub. Scac. Dub. and so ended the Scotch Government in Ireland.
It is observable, that the Primate of Armagb was at this Battel, and came purposely to absolve, bless and encourage the Royalists; and it ought not to be forgot, that a valiant Captain John Maupas was so resolute to destroy the usurping Prince, that he rushed into the Battel with that Design, and was after the Fight, found dead, stretcht on the dead Body of Bruce.
Roger Mortimer, 1319. Lord Justice, return'd from England, and about Allhallontide, the Pope sent over Bulls to excommunicate Bruce at every Mass: The Towns of Atheisel and Plebs were burnt by John Fitz-Thomas Nappagh, and the Bridges of Leighlin and Kilcullen, were in this, or the following year, built by Maurice Jake, Cannon of Kildare; but it was not long before the Lord Justice made another Voyage to England, and left in his room,
[Page 100] Thomas Fitz-John Fitz-Girald, 1320. Earl of Kildare, in whose time Bicknor, Archbishop of Dublin, obtained Bulls from Pope John 22th. to erect an University at Dublin, and St. Patrick's Church was appointed to be the publick place of their Exercise, and it is observable that the King granted to this Earl of Kildare, Lib. GGG. Quod possit recipere ad Legem Angliae omnes homines Hibernos Tenentes suos qui ad eandem venire voluerunt.
Nor must it be forgotten,1319. That Pope John the 22th did by his Bull (12 Ed. 2.) acquit and discharge the Crown of England from the Tribute or Peter [...] pence, Lib. ZZ. Lameth. claim'd by the Holy See, out of the Kingdoms of England and Ireland.
On the Ninth Day of May 1321. the People of Leinster and Meath gave a great Overthrow to the O Connors at Balibogan, Frag. 7. and the Earl of Carrick died about the same time at London, and was buried at Gauran, not far from Kilkenny, and not long after,
John Bermingham,1321. Earl of Louth, was made Lord Justice. Rex concessit Johanni Comiti Louth Officium Justiciarii Regis Hibern. cum Castris & aliis Pertinentiis,14 Ed. 2 par. 2. Pat. in Tur. Lond. durante beneplacito, Percipiendum per annum ad Scaccarium Regis Dublin 500 Marcas, pro quibus Officium illud & Terram custodiet, & erit ipse unus de viginti hominibus ad Arma cum tot equis coopertis continue durante custodio supradict.
The King on the Third of April, 1322. in the 15th Year of his Reign, wrote to the Lord Justice, to meet him at Carlisle in Octab. Trin. following, with three hundred Men at Arms, a thousand Hoblers, and six thousand Footmen, armed with a Keton,Lib. Lambeth. a Sallet, and Gloves of Mayl, to serve against the Scots, besides three hundred Men at Arms, which Richard de Burgo Earl of Ʋlster, had, for his own share, undertaken to conduct; and though the English suffered a Defeat by O Nolan, so that Andrew Birmingham, Nicholas de London, and many others were slain, and though the Lord Justice lost his Son Richard, Lord of Athenry, who died about this time; yet all this did not hinder him from attending the King; but he left in his place
Ralph de Gorges, Lord Deputy, or Governor, who continued so until the Second Day of February 1323. and then he was superseded by
Sir John Darcy, 1323. Lord Justice; in whose time Philip Talon and his Son,Fragm. 7. and eight and twenty others were kill'd by Edmond Butler, Rector of Tillagh; and amongst the Records in the Tower of London, Anno 15. E. 2. This notable Memorandum is to be found, viz. In Abbathia Melifontis talis inolevit Error, Lib. GGG. quod nullus ibi admittatur in domum praedictam, nisi primitus facta fide quod Non sit de genere Anglorum. About this time Sir Henry Traherne took Mac Morough, and kill'd O Nolan and four and twenty of his Followers.
[Page 101] It seems the King was mu [...]h in the Favour of Pope John the twenty second; for besides the aforesaid Release of the Peter-Pence, the Pope did this Year (16 Edw. 2.) impose a Disme on the Irish Clergy for two Years,Lib. GGG. payable to the King, and commanded the Dean and Chapter of Dublin to levy it; but the Prelates and Clergy refused to pay it to them, unless they would shew the Original Bull.
But on the the twenty fourth of November, Vide postea, ad annum 1344. at Notingham, the King, by assent of his Council, made and published most excellent Ordinances for the Reformation of Ireland; Pryn. 264. which are to be found at large in Mr. Pryns Animadversions on the fourth Institutes, and are to this effect:
I. That no Officer of the Kings in Ireland, (whilst in Office) shall purchase Lands or Tenements within their Jurisdiction, on Pain of forfeiting the same.
II. That no Man by colour of his Office, take Victuals or any other thing, without the consent of the Party, unless in case of Necessity for the Publick (and then he must have the Advice of the greatest of the Council, and a Writ out of the Chancery) or unless he have the King's Letters, or an Order from the Chancery of England.
III. That the Exportation of Corn to England or Wales be not hindered, the Party paying the usual Customs, be he Native or Stranger, and giving Security not to carry it to our Enemies.
IV. That the Lord Justice take but four Pence for the Seal, and two Pence for the writing of a Bill of Grace; and that the Marshal take but four Pence for a Commitment.
V. No Protections or Pardons to be granted to Felons, without special Order under one of the Seals of England.
VI. No Writs to be obeyed except such as are under the great Seal, or the Seal of the Exchequer, if the matter concerns that Court.
Lastly, That the Lord Justice shall not adjourn Assizes before him, unless he be present in the same County, nor for any longer time than he continues there.
And at the same time a Writ issued to the Chancellor of Ireland, Ibid. 26 [...]. to Publish, Enrol and Observe the aforesaid Ordinances; and to send the Exemplifications of them to the rest of the Courts.
[Page 102] By reason of the fourteen Years Truce the King had made with the Scots,1325. there was not much other Disturbance in Ireland, than what was occasioned by private Murders: Walter de Valle and his Son were slain near Nenagh, and the Lord John Barry of Hely (a very stout Man) was murthered by the O Kerals; and therefore to fill up this Space, I will insert the Famous, or rather foolish Story of Alice Kettle, in the Words of my Author.
In those Days lived in the Diocess of Ossory, Holingshead, 69. the Lady Alice Kettle, whom the Bishop ascited to purge her self of the Fame of Inchantments and Witchcraft, imposed unto her, and to one Petronil and Basil her Complices: She was charged to have nightly Conference with a Spirit called Robin Artisson, to whom she sacrificed in the High-way nine red Cocks and nine Peacocks Eyes: Also that she swept the Streets of Kilkenny, between Complin and Twilight, raking all the Filth towards the Doors of her Son William Outlaw, murmuring and muttering secretly with her self these Words;
At the first Conviction they abjured and did Penance; but shortly after they were found in Relapse, and then was Petronil burnt at Kilkenny, the other twain might not be heard of; she at the Hour of her Death accused the said William, as privy to their Sorceries; whom the Bishop held in Durance nine Weeks, forbidding his Keepers to eat or drink with him, or to speak to him more than once in the Day; but at length, through the Suit and Instance of Arnold le Powre, then Seneschal of Kilkenny, he was delivered; and afterwards he corrupted with Bribes the Seneschal to persecute the Bishop, so that he thrust him into Prison for three Months.
In rifling the Closet of the Lady, they found a Wafer of Sacramental Bread, having the Devil's Name stamped thereon: And a Pipe of Oyntment, wherewith she greased a Staff, upon which she ambled and galloped through thick and thin, when and in what manner she listed.
This Business about these Witches troubled all the State of Ireland the more, for that the Lady was supported by certain of the Nobility; and lastly conveyed into England, since which Time it could never be understood what became of her.
[Page 103] At Whitsontide,1326. the Parliament met at Kilkenny, and thither the Earl of Ʋlster and most of the Nobility came; what they did does not appear,Lib. GGG. saving that five thousand Quarters of Corn were sent out of Ireland to Aquitain, for the King's use about this time; and it is probable they raised Mony to pay for it.
Cambden tells us, That the Earl of Ʋlster made a great Feast, at this Parliament, and that not long after he died.
But we must make a step to England before we can come to an end of this Unfortunate Reign; and there we shall find the King (for his Male administration) in Disgrace with his People; and which was worse, reduced under the Power and Scorn of an Adulterous Wife; the consequence of these things was, That he was first imprisoned, and afterwards murthered in Berkly- Castle.
In this King's Reign flourished the famous Irish Philopher, Johannes Dunus Scotus, commonly stiled Doctor subtilis: And it was in the same Reign that the Lord Mortimer, Owner to Proprietor of Leix (now Queens County) being obliged by his Inclination or Business to reside in England, did entrust one of the Omores with the management of his Estate; but, in process of time, the Irishman sets up for himself, and for a long time enjoyed that Country, and still pretends a Right to it, although his Claim is built on this perfidious and ungrateful Foundation.Davis, 198, 175. In like manner did one of the Cavenaghs serve Carew, about the Barony of Idrone; and if I thought that no Body else would ever be served so hereafter, I would have omitted this Remark.
In those Days there was small Respect paid to the Sabbath, Fragm. M. S. 4. in Ireland, for the Markets were in several Places kept on Sundays; but at Carlow the Market was (about this time) changed to another Day.
In England the sixth Penny of the Goods of Lay-men,Baker, 117. through England, Ireland and Wales, was granted to the King, but how it was levied here, non constat.
It appears by the Writ mentioned (Pryn, 263.) that the denized Irish would not punish Felony with Death, and therefore that Writ enjoyns them that are,14 Edw. 2. and them that shall be denized for the future, to submit to the English Laws in that particular; which confirms my former Observation, That the Irish were fond of the Benefit of the English Laws, but were very averse from the Penalties of them.
[Page 104] And by another Writ (recited, Pryn, 263.) it appears, That Common Pleas were held before the chief Governour; and because the Parties were poor, and could not prosecute their Writ of Error in England, according to Law, the King did a [...]thorize the new Governour to examine the former Judgment, and to reverse it, if he found just cause, &c.
And lastly, we find a Writ, which was sent to John Earl of Louth, Pryn, 264. whilst he was Lord Justice, authorizing him to remove all such insufficient Persons, as his Predecessor Mortimer had put into Office in that Kingdom, which is a notable President, worthy Imitation in all Places and Ages.
THE REIGN OF EDWARD III. King of England, &c. And LORD of IRELAND.
EDWARD the Third (upon the Resignation of his Father) was proclaimed King the twenty fifth day of January 1327. and Crowned the first day of February following;1327. and (being but fifteen years old) had twelve Governors of him and the Kingdom, appointed; but they were but Ciphers, and only had the bare Name of Governors, whilst Mortimer and the Queen-Mother usurp'd and exercis'd the Power: As for Ireland,
Thomas Fitz-John, Earl of Kildare, was made Lord Justice, and Letters were sent to the Great Men of Ireland, by Name, to swear Fealty to the new King, and to continue their Loyalty as they had done to his Predecessors: And in his Time Adam Duff (of the Family of O Toole, in the County of Wicklow) was burnt at Hoggin-Green in Dublin, for Heresie, or rather for most horrid Blasphemy; for he denied the Trinity, and the Incarnation of our Blessed Saviour, &c.
[Page 106] And because it may be pleasant and useful to a curious Reader,Lib. H. Lambeth. I will give you a short Account of the Great Officers and others of Ireland, and their Salaries, as they were 1 Ed. 3.
- Earl of Kildare, Lord Justice, 500 Lib.
- Roger Outlaw, Chancellor, 040 Lib.
- Elias de Ashborne, Justice for holding Pleas before the Justice and Council of Ireland, 040 Lib.
- Roger de Werthorp, Justice Itinerant, 040 Mar.
- A Second Justice Itinerant,—
- Nicholas Falstoff, Chief Justice of the Bench, 040 Lib.
- John de Granset, Second Justice, 040 Mar.
- Roger de Preston, Third Justice,—
- John Battalk, Custos Brevium & Rot. de Banc. 005 Lib.
- John Garnon, Narrator Domini Regis, 005 Lib.
- Simon Fitz-Richard, Secundus Narrator, 005 Mar.
- Richard Mayning, Kings Sergeant, 005 Mar.
- Robert Poer, Treasurer, 040 Lib.
- Thomas de Monte Pessulano, Chancellor of the Exchequer, 010 Lib.
- Roger de Birthorp, Chief Baron, 010 Lib.
- The Second Baron, 010 Lib.
- Two Chamberlains of Exchequer, 010 Lib.
- Remembrancer, 010 Lib.
- A Summoner, 004 Mar.
- Two Ingrossers of the Rolls in Term-time five pence per diem.
- The Treasurers Clerk, five pence per diem whilst the Exchequer is open.
- Usher of the Chequer three half pence per diem.
- A Chaplain of the Castle, fifty Shillings per annum.
- For Wax, two Shillings. Note, a pound of Wax cost nine pence.
It was a common thing for the Great Men of Ireland (as well Irish as English) upon private Quarrels to make War one with another, and sometimes upon very slight occasions; an Instance whereof happened at this time;Fragm. 8. for Maurice Fitz-Thomas (afterwards Earl of Desmond) being disgusted with the Lord Arnold Poer, for calling him Rimer, did associate with the Butlers and Birminghams (as Poer did with the Burks) and began a War,Davis 134. says it was Kildare. that had like to have been fatal to the Burks and the Poers; many of them were slain, and more of them driven into Connaught, and their Lands were burnt and preyed. In vain did the Lord Justice interpose in this bloody Quarrel; he appointed a Day to hear both Parties; but the Lord Arnold Poer was so far from attending the issue of such a Meeting (as well knowing that he was the [Page 107] first Aggressor, and therefore the unlucky Causer of all those Calamities and Desolations that ensued) that he fled to Waterford, and thence into England.
The Army of the Fitz-Giralds and their Confederates, was mightily increased, in expectation of a greater resistance than they found; but assoon as they understood that Poer was fled, they executed their Revenge upon the Lands of their Enemies, which had been to that time left undestroyed.Cambden, 181 They grew so formidable, even to the Cities and Towns, that they fortified and provided against them; but upon notice of this, the Confederates immediately sent word to the Lord Justice, that they design'd no prejudice to the King or his Towns; but had assembled, to revenge themselves of their Enemies, and that they were ready to appear before him at Kilkenny, to clear themselves.
And accordingly in Lent, they did meet at Kilkenny with the Lord Justice and the Kings Council,1327. and humbly crav'd a Charter of Peace or Pardon; whereon the Lord Justice took time to advise.
But the Irish of Leinster hoped to advantage themselves of these Commotions; and therefore set up Donald Mac Art, Mac Morough (of the Family of Mac Morough, formerly Kings of Leinster) for their King: It seems he led his Army within two Miles of Dublin; but he was defeated, and taken Prisoner by Sir Henry Traherne and Walter de Valle, who had one hundred and ten pounds reward for their pains, and many of the Irish were slain; but Mac Morough (in January 1329.) escaped out of the Castle of Dublin, by help of a Rope, sent him by Adam Nangle; for which Fact Nangle was afterwards condemned and hang'd: In the mean time the Lord Justice died at Minooth on Easter-Tuesday; and,
Roger Outlaw, Prior of Kilmainham, Lord Chancellor, was made Lord Justice; in whose time, David O Tool, a strong Thief, who had been taken Prisoner by the Lord John Wellesly the Lent before, was this Summer condemned, and executed at Dublin.
At this time, in the Second Year of this Reign, the Noble James Butler married the Earl of Hereford's Daughter,Bak [...] which he had by Elizabeth, the Seventh Daughter of K. Edw. the First, and was at the Parliament at Northampton, Created Earl of Ormond; And yet I have seen a Patent Dated 6 Edw. 3.Lib. G. Lambeth. and exemplified 38 Edw. 3. Whereby James Butler is Created Earl of Ormond, and Ten Pound per annum out of the Fee-Farm of Waterford, granted to him for Creation-Money.
[Page 108] And now the Lord William Burk and Arnold Poer returned into Ireland, and a Parliament was call'd at Dublin, to compleat the Reconciliation between them on the one side, and the Butlers, Geraldines and Birminghams on the other; which, it seems, was begun at the aforesaid Parliament at Northampton, and now effected at this Parliament in Ireland: Whereupon, the Earl of Ʋlster made a great Feast in the Castle of Dublin, and the next day after, the Lord Maurice Fitz-Thomas did the like at St. Patricks-Church, although it was in the time of Lent.
But a strange Accident fell out at this Parliament; for the Lord Justice was forc'd to purge himself of Heresie,Camb. 182. which the Bishop of Ossory laid to his Charge, because he had abetted one Sir Arnold Poer, whom the Bishop had condemned of certain Heretical Opinions; But the Lord Justice made appear, that the Bishops Proceedings were partial and unjust, in favour of a Kinsman of the Bishops, who began the Quarrel with Poer; and that therefore he (the Justice) supported the Cause of the Oppressed; and so, after a very solemn Purgation, the Lord Justice was acquitted, and declared a true Son of the Church; whereupon, he made a great Feast for all Comers.
Nevertheless, the unfortunate Poer (who had been taken by the Kings Writ De Excommunicato capiendo, grounded on the Bishops Certificate) died in Prison, before this Matter was fully adjusted, and his Carcass was a long time kept above ground and unburied, because he died unassoiled.
Sir John Darcy, 1329. Lord Justice, in whose time Macoghegan of Meath, and other Irishmen of Leinster, O Bryan of Thomond, and his Confederates in Munster, broke out into Rebellion; and yet this common Calamity could not unite the English, although their own Experience had taught them (and frequent Instances have convinced the succeeding Ages since) that the English never suffered any great Loss or Calamity in Ireland, but by Civil Dissentions and Disagreement amongst themselves:June 10. 1329. when the Earl of Louth, and many other of the Birminghams, Talbot of Malahide, and an hundred and sixty Englishmen were murdered by the Treachery of their own Countreymen the Savages, Davis, 135. Gernons, &c. at Balibragan in Ʋrgile; and when the Barryes and Roches in Munster did as much for James Fitz-Robert Keating, the Lord Philip Hodnet, Fragm. 10. and Hugh Condon, with an hundred and forty of their Followers; what wonder is it if Macoghegan defeated the Lord Thomas Butler and others,August 8. near Molingar, to their loss of an hundred and forty of their Men? Or if Sir Simon Genevil lost seventy six of his Soldiers in Carbry in [Page 109] the County of Kildare; or if Brian O Bryan ravaged over all the Country, and burnt the Towns of Athessel and Typerary.
However,Holingsh. 70. the Irish grew so Insolent and Outragious, upon these small Victories, that they shewed but little regard to God or Man. In the Church of Freinston they found about fourscore People at their Devotions;Cambden ad annum it seems the miserable Wretches (well acquainted with the cruelty of these ungovernable Soldiers) did not expect to escape their Fury,1331. and therefore made it their only Petition, to save the Life of the Priest▪ Lib. P. Lamb. but these Ruffians were deaf to all Supplications for Mercy, the Priest was the first Man they wounded, and after they had spurned the Host with their Feet, they compleated their Sacrilege by burning the Church, Priest, People and all. Nor did they regard the Ecclesiastical Censures, nor the Pope's Interdict, which afterwards issued against them; on the contrary, in all their Actions they manifested an entire contempt both of Ethicks and Christianity, so that one would think the Poet prophesied of these Men, when he said, ‘Nulla fides pietasve viris qui castra sequuntur.’
But Pride will have a fall, and Providence will certainly triumph over the Wickedness of Men, in a proper Season, and commonly Methods unexpected, whereof this unruly Multitude is one Instance: For the Men of Wexford (by their imminent Ruine rendred desperat) entertain'd a Skirmish with this formidable Rabble,Cambd. 185. and had the good Luck to kill four hundred of them, and the rest surprized with a pannick Fear on this unexpected Defeat, ran away in such a confused and hudling manner, that most of them were drowned in the River Slane, and have left a just Occasion for this true Remark, That huffing and insolent Men are always Cowards; and if this be true any where in the World, it is true in Ireland. Camb. 183. Sir Philip Stanton had the ill Luck to be slain by the Irish, and Sir Henry Traherne (by the Means of Onolan) was surprized in his own House at Kilbeg: But in Revenge of it, the Earl of Ormond burnt Foghird in Onolan's Country; and the Lord Justice prosecuted the O Birnes so effectually, that after the Slaughter of some of the best of them, they were forced to submit.
But the Lord Justice finding himself too weak to deal with such a vast number of Rebels, as were now in Arms in all parts of the Kingdom, he invited Maurice (afterwards Earl of Desmond) to take the Field, and promised him the King's Pay:January, 1329 Maurice came accordingly, with a very considerable Army,Fragment, 9. and advanced against the Onolans, he routed them, [Page 110] and burnt their Country, so that they were forced to submit and give Hostages: He did the like to the O Morroughs, and took the Castle of Ley from the O Demps [...]es.
But the Lord Justice was not abl [...] to pay so great an Army, (being near ten thousand Men) [...] therefore he was fain to connive at their extorting Coyn an [...] Livery, which now was first practised by the English: But the Irish had used that barbarous Oppression long before. (and perhaps from the beginning) as appears by the fourth Constitution of the Synod of Cashel, Ante pag. 23.
I have seen the Copy of a Patent,Lib. CCC. dated March 1. 3. Edw. 3.Lambeth. constituting the Earl of Ormond Lord Lieutenant of Ireland; but I find nothing more of it any where else: But the same Year Typerary was made a Palatinate.
The Irish had again petitioned the King for a general Liberty to use the English Laws;Davis, 103. whereupon the King sent a Writ to the Lord Justice▪ 22 Aug. to consult the Parliament in Ireland, 2 Edw. 3. and to advise him of their Opinions in that Matter.
And by another Writ of the same Date, the King orders the Justice and the Chancellor to supervise the Exchequer twice every Year.
And it seems there was also a Parliament at Dublin, this Year,Prin, 266. wherein it was ordained, That the King's Peace should be fully kept, and that every Nobleman and Chieftain should keep in his own Sept. Retinue and Servants.
Roger Outlaw, Prior of Kilmainham, was made Lord Deputy,1330. and kept the Kingdom quiet 'all the Summer, and the Winter was so stormy and wet, that nothing could be done till January; and then the Macoghegans began to be troublesome again in Meath; but the Earls of Ʋlster and Ormond gave them a Defeat near Loghynerthy, about Lent, whereupon they were so enraged that they burnt fifteen Villages; but they paid for it in another Skirmish, wherein three Irish Lords Sons, and one hundred of their Followers were slain.
This Year a Parliament was holden at Kilkenny, Pryn, 267. at which were present Alexander Archbishop of Dublin, the Earls of Ʋlster and Ormond, the Lord William Birmingham, and the Lord Walter Burk of Connaught, and each of these brought a considerable Power with him, to pursue O Brian, and expel him from Ʋrkiffe near Cashil.
It seems this great Army march'd to Limerick, and that the Burks▪ did prey some of the Giraldines Lands, in their March; whereupon such Fewds arose between those Families, that the Lord Justice was necessitated to confine the Earl of Ʋlster and Maurice of Desmond, to the Custody of the Marshal at Limerick; but Maurice quickly found means to [Page 111] escape, and thereupon 'tis probable the Earl was also en [...]arged: It seems that both of them went to England. But what became of this mutinous Army,Frag. 9. I find no mention, save that an anonymous Author reports, Quod nihil perfecerunt.
But the next Year was more propitious,1331. for on the twenty first of April the English gave the Irish an Overthrow in O Kens [...]le: And in May the English at Thurles defeated O Brian, and slew many of his Followers: And about the same time O Tool came to Tullagh, and robbed the Archbishop of Dublin, took three hundred of his Sheep, and killed some of his Servants: Upon notice of it Sir Philip Britt and others sallied out of Dublin; but they were too forward and careless, so that they fell into an Ambush in Culiagh, and were most of them slain; whereupon the Irish were elevated to that degree,Cambd. 184. that they attacked the Castle of Arklow, and took it; but the Lord Birmingham with a smart Party undertook them, and mortified them to the lowest degree of Submission, and might have ruined them, if he had not trusted to their false Promises.
Sir Anthony Luey, 3 June, 1331. a Man of great Authority in England, was sent over Lord Justice; he brought with him the Lord Hugh de Lacy, who was now pardoned and in some Favour: He also brought the King's Letters to the Earl of Ʋlster, and others of the Nobility, to give their best assistance to him the Lord Justice.
The Lord Justice designed by a severe Government to correct and reform the Distempers of those Times; but, alass, it was too great an Undertaking for one Man, and required more time than he had to spend in Ireland.
However, his Government was auspicated with a Victory, which those of the English Pale (on the eleventh of June) obtained over the Irish at Finnagh in Meath. And though there was a great Dearth and Scarcity still continuing, yet it was somewhat moderated by the great Plenty of large Fishes called Thurlehides, sent by Providence into the Bay of Dublin, in a prodigious number, for the relief of the Poor.
A Parliament was summoned to meet at Dublin at Mid-summer (by which it is manifest, that they did not hitherto practise the formality of forty Days Summons); the Appearance was so thin, that the Parliament was adjourned to Kilkenny, to the seventh of July: And thither came Thomas Earl of Kildare, and others that were not at Dublin, and were freely pardoned what was past, being first sworn on the Holy Evangelists, and the Reliques of the Saints, to Allegiance, and Preservation of the peace for the future:
But in August the Lord Justice received the bad News, That the Irish had taken and burnt the Castle of Ferns: [Page 112] Whereupon he grew jealous, That some of those English Lords that absented themselves from the Parliament at Kilkenny, did underhand abet the Irish, or else they durst not so frequently rebel; and therefore he resolved to apprehend as many of them as he could get: And first, Henry Mandevil was, by Warrant from the Chief Justice, taken in September; and Maurice of Desmond (being arrested in Limerick, in the beginning of October) was by warrant from the Lord Justice and Council brought to Dublin; Walter Burk and his Brother were seised in November; and William and Walter Birmingham were secured in Clonmel, in February following, and afterwards sent to Dublin.
It seems there was more than bare Suspicion in this Matter, for the Lord William Birmingham, who had often done good Service for his King and Country, was nevertheless executed the eleventh of July 1332. and his Son Walter had not escaped, but that he was in Orders; and Maurice of Desmond was likewise kept in Prison a Year and a half, and then discharg'd upon very great Bail, and sent into England, to the King.
But let us look back to the third of March 1331. at which time the King and Parliament of England made Ordinances and Articles for the Reformation and Tranquility of Ireland, and sent them thither, in haec verba.
REX Justic.Pryn, 267. Canc. & Thes. suis Hibern. salutem: Mandamus vobis, quod articulos subscriptos, quos pro emendatione status Terrae nostrae Hiberniae, quiete & tranquilitate populi nostri ibidem, per advisamentum Concilii nostri in ultimo Parliamento nostro apud Westmon. tento ordinavimus in dicta Terra Hiberniae, quantum ad vos attinet, teneatis & observetis, & per alios fideles nostros dictae Terrae, teneri & observari faciatis: Tenor autem artic [...]orum praedictorum talis est.
Imprimis. Justiciarius qui nunc est, vel pro tempore fuerit, non concedat Cartas Pardonationis de morte hominis, nec roberiis & incendiis aliquibus, nisi de roberiis & incendiis ante festum Paschae, anno regni Domini Edwardi Regis Angliae tertii post Conquestum quinto perpetratis: Et quod de caetero certificet Regem de nominibus hujusmodi Pardonationes petentium, & de avisamento suo & quod Rex faciat inde voluntatem suam, & quod nullus in Terra Hiberniae ex nunc faciat tales Pardonationes infra libertatem & extra, sub gravi forisfactura Domini Regi.
Item. Quod dictus Justic. de caetero non concedat tuitionem pacis felonibus ad silvam existentibus.
Item. Quod una & eadem lex fiat tam Hibernicis quam Anglicis; excepta servitute Betagiorum, penes Dominos suos eodem modo quo usitatum est in Anglia de Villanis.
[Page 113] Item. Quod Justic. nec aliquis alius Minister de caetero det alicui custodiam vel maritagium alicujus haeredis ad regem pertinentis, nec pardonet debita Regis, seu fines, amerciamenta vel catalla forisfacta, sed quod Justiciarii & alii Ministri hujusmodi custodias & maritagia vendant, & aliud comodum Regis inde fac. juxta discretiones suas.
Item. Quod Vic. & Coronatores de caetero eligantur per Communitates Comit. & non alio modo, & quod catalla forisfacta remaneant in custodia Villar.
Item. Quod Justic. seu aliquis alius Minister, non recipiet aliquem magnatem in pleg▪ vel manucaptor. versus Dominum regem, nisi quatenus pro commodo Regis viderint faciendum.
Item. Quod Justic. obsides pro conservatione pacis, sive liberatos in carceris Domini Regis fac. salvo custodire, ad sumptus suos proprios, & quod si ipsi qui posuerunt hujusmodi obsides, conditiones & conventiones quas fecerunt non observent, Justic. faciant Judicium de hujusmodi obsidibus.
Item. Quod Justic. seu aliquis Magnus Hibern. non concedat protectiones alicui contra pacem Regis existent.
Item. Quod nullus Minister Regis de caetero recipiatur in pleg. vel manucaptorem versus Dominum Regem.
Item. Quod fines de vaccis de caetero pro redemptione non capiantur, sed denarii.
Item. Quod Treuga capta & capienda inter Anglicos & Hibernicos de caetero observetur, & quod neutra pars damnum alteri durante hujusmodi Treuga inferat, & si fecerit pro felone habeatur.
Item. Quod nullus ut lagatus in Gildabili receptetur infra libertates nec e converso, & inde fiat Ordinatio per Justic. & alios Ministros & Dominos libertatum.
Item. Quod Vic. & alii Ministri computent quolibet anno semel ad minus si comode fieri poterit.
Item. Quod Seneschallus alicujus Domini in Hibern. non ponatur in aliquo Officio Regis.
Item. Quod Thes. vel aliquis alius Minister Regis ubi ipse intendere non potest supervideat quolibet anno castra Regis, & statum eorundem & quod emendare fac. defectus eorundem.
Item. Quod vic. in Turnis quae faciunt de Brevibus Domini Regis ponant nomina sua ita quod quilibet Vic. de exitibus forisfacturis & aliis proficuis quae requiruntur sub nomine Vic. oneretur ad Scac. pro tempore suo proprio.
Item. Quod extranei non assignentur Collectores Custumorum Regis, sed Burgenses, Villarum ubi tales Custumae colligi debent assignentur ad eas colligendas, & hoc fiat de potentioribus & discretiorbus.
Item. Quod Justic. fac. inquirere quolibet anno de Ministris Domini Regis, & eorum factis, & quod puniat delinquentes [Page 114] pert concilium & avisamentum Canc. & Thes. & aliorum de concilio Regis, & amoveat insufficientes.
Item. Quod nullus manuteneat neo ducat Kernes nec Gentes vocat Idle men, nisi in Marchis suis propriis, & ad custus eorundem, nec faciat prizas.
Item. Quod omnes Ministri Regis qui tenentur ad computandum, & non habent Terras seu Tenementa sufficientia in Hibernia, invenient manucaptionem in Hibern. ad respondendum Regi de compotis suis ibidem.
Item. Quod habentes Terras & Tenementa in Hibernia tam religiosi quam alii, praemuniantur quod resideant in iisdem si sint in Marchis vel alibi, vel ponent sufficientem Custodiam pro conservatione pacis in iisdem citra Fest. S. Petri ad vincula prox. futur. & si non fecerint quod Rex in eorum defectum Terras & Tenementa illa in manum suam capiet, & de sufficiente custodia eorundem ordinabit.
Item. Quod nullus cujuscunque status seu conditionis manutenea [...], foveat nec defendat Hibernicos, seu alium quemcunque contra pacem Domini Regis insurgentem, & si aliquis sic fecerit, & inde convictus fuerit, pro Felone habebitur, &c.
And at the same time the King sent another Writ,Prin, 269. commanding them to observe the Law of England in case of wardships, without regard to the Custom or Usage of Ireland.
In July the Irish razed the Castle of Bunratty to the ground, but in lieu of that,1332. the English (on the 8th of August) took the Castle of Arcklow, and re-edified it: They had also the good fortune to defeat the O Bryans, Mac Carthyes, and other Irish in Munster, and to kill a great many of their Men, and they also took the Castle of Coolmore.
The Irish Hostages that were kept at Limerick and Nenagh, made notable Attempts to surprize and seize both those Castles; and they pursued the Project so far, as to get both of them into their possession; but the English were resolved to regain them; which they perform'd in a very short time, and the Hostages at Limerick, were put to death for their Treachery, and those at Nenagh, were still kept in durance.
But the O Tools of Leinster made a more successful Attempt on the Town of Newcastle in the County of Wicklow; for they not only took it, but also burnt it.
In the mean time,Cottons Rec. 9. at the English Parliament (holden in September, principally for the Affairs of Ireland, and the Kings Expedition thither) it was fully agreed, that the King should pass to Ireland in person,Ibid. 10. and that in the mean time, a Power should be sent to that Country; and Commandment was given, that all such as have Lands there, should [Page 115] repair thither for defence of that Kingdom; and that all such Learned in the Law as shall be sent as Justices, or otherwise to serve in Ireland, shall have no Excuse; and that Search be made amongst all the Kings Records, to see what hath been done for the Amendment of the Irish:Lib. Z Z. And soon after a Writ was sent to William de Burgo and others, to attend the King, to consult of his Voyage to Ireland; but because the time of year did not serve for the Kings Voyage, nothing more was done, than that the Lord Justice was recalled in November, and in February after came over.
Sir John Darcy, Lord Justice, to whom the King gave the Mannors of Louth and Ballyogany, which Simon Earl of Eu, had forfeited by adhering to the French King: Soon after his coming, the Birminghams took a Prey of two thousand Cows from the O Connors in the County of Sligo.
But this small Success was quickly over-ballanced by a great Misfortue;1333. for William Burk, Earl of Ʋlster, was on the 6th of June basely murdered by his own perfidious Servants at Carigfergus; whereupon, his Wife and only Daughter sailed to England; the Daughter was afterwards Married to the Duke of Clarence, and had one only Daughter, who was Wife to Roger Mortimer, Earl of March, and Lord of Trim: And from her the Earldom of Ʋlster, and Lordship of Connaught came by descent to be annexed to the Crown. But two of the Burks seized upon most part of the Estate, and divided it between them; and knowing they could not hold it by the Law of England, they confederated with the Irish, and changed their Language, Apparel, Customs and Manners; Nay their very Names were altered into those of Mac William Eighter, and Mac William Oughter; and by these means they have made a shift to keep some part of that mighty Estate for many score years. The Lord Justice, to revenge the Murder of the Earl of Ʋlster, (which made a great noise in Ireland) call'd a Parliament, by whose advice he went by Sea to Carigfergus, on the first of July, and by help of the Country People he destroyed the Murderers, and their Abettors; and thence with his Army he sailed into Scotland, where he did very good Service.
But the Parliament sitting in England, Cottons Rec. the 15th of March, it was there resolved, That because the Kings Affairs required him in France, his Irish Voyage should be postpon'd for a year, so as Aid might be sent in the mean time; but it seems that the Scots so allarm'd him in the North, that he performed neither the one nor the other Voyage: And though both Houses (apart) advised the King to send Supplies of Men and Money to Ireland, and gave him one Disme, and one Fifteenth to that purpose; yet I do not find that any considerable [Page 116] Recruits were sent thither; but instead of that, a Commission was sent to treat with the Rebels.Prin, 270.
Whilst the Lord Justice was beyond Seas, the Government was managed by Thomas de Burgh, Lord Treasurer; but it was not long before Darcy return'd with honour, and releas'd Walter de Birmingham out of Prison in February following, and soon after, Sir Simon Archdeacon, and others were slain by the Irish in Leinster. Ibid. And the young Lord Roch prevail'd with the King to reduce (to ten pounds) a Fine of two hundred Marks, impos'd on his Father for absenting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned.
Maurice Fitz-Girald broke his Leg by a Fall from his Horse, and was thereby hindred from repairing to England, as he had promised and designed;1335. but now being recovered, he went thither, and was well received by the King, and created Earl of Desmond, 1336. 9 Ed. 3.
On the 9th of August, the English gave the Irishmen a great Defeat in Connaught, Campion, 88. and with the loss of one man slew ten thousand of their enemies, and not long after, the Lord Justice was removed; and▪
Sir John Charleton came over Lord Justice,1337. and brought with him his Brother Thomas, Bishop of Hereford, Lord Chancellor, John Rice (or ap Rees) Lord Treasurer, and two hundred Welsh Soldiers; he called a Parliament at Dublin, to which the Archbishop of Armagh designed to come,Pryn. 409. and in order to it, made great Preparations at S. Mary Abby, but the Archbishop of Dublin would not permit him to advance his Cross in that Diocess, till the King sent his Writs, as well to the Archbishop as to the Corporation of Dublin, not to molest the Primate.
Thomas Charleton, 1338. Bishop of Hereford, Governour of Ireland, he caused Sir Eustace Poer and Sir John Poer to be imprisoned in the Castle of Dublin, on the third Day of February. And this Winter there was so great Frost and Snow, from the second Day of December to the tenth Day of February, that they Plaid, Danced, and roasted Fish on the Ice, upon the River of Liffy.
And now again,1339. were all the Irish in Arms, especially in Munster; but the Earl of Desmond so well managed Matters there, that he slew one thousand two hundred Men in Kerry, and took Nicholas Fitz-Maurice, Lord of Kerry, Prisoner, and kept him in Durance till he died,Cambden, 187. because he had joyned with the Irish against the King and the Earl.
Nor had the Earl of Kildare worse Success in Leinster; for he pursued the O Dempsies so close, that many of them were drowned in the River Barrow, and the greatest Booty that [Page 117] ever was taken in that Country, was brought by the Lord Justice and the English from Idrone, in the County of Caterlogh, about the latter end of February; and in April following, the Lord Justice being sent for to England, resigned to
Roger Outlaw, 1340. Prior of Kilmainham, Lord Justice; he died the February following, and by the Kings Patent constituted
John Lord Darcy L. Justice during Life; but he came not afterwards into Ireland; but in May following sent over
Sir John Morris, 1341. Lord Deputy, to whom the Inhabitants of Ireland did not pay that respect which was due to his Character; for the English Irish were how grown so proud, that they disdain'd to be under the authority of a Knight▪ And therefore (to mortifie them) it was resolved to make a general Resumption of all Lands, Liberties, Signiories and Jurisdictions which this King or his Father had granted in Ireland.
QƲia plures excessivae Donationes Terrarum, Tenement.15 E. 3. m. 14 & Libertatum in Terra Hibern. ad minus veracem & subdolem suggestionem potentium, quam per Ed. 2. quam per Regem nun [...], facta sunt, &c. Rex delusorias hujusmodi Machinationes volens elidere, de concilio peritorum sibi assistent▪ omnes donationes Terrarum, Tenement. & Libertat praedict duxit [...], &c. quousque de meritis personarum ac de causis conditionibus donationum praedict. fuerit informat. & ideo Mand [...] est Justi [...]. regni Hibern. quod omnia Terras, Ienementa, &c. praedict. perdict. Reges, Justic. aut locum tenentes suos, quibuscunque personis fact. seisire facias, &c.
It cannot be expressed what Fewds,Davis 138. that it was by good advice. Heart-burnings and Dissatisfactions this one unadvised Act did create; it was the rise and occasion of a distinction between the English of Blood, and the English of Birth, which had like to be fatal to the whole Kingdom;Pryn. 272. all the old English were disobliged by this procedure, and without their assistance the King could not keep (much less enlarge) his Interest in Ireland.
To qualifie this Matter, and to allay these Heats,1342. a Parliament was summoned to meet at Dublin in October; but the Earl of Desmond and other Great Men of that Faction openly refused to come; and on the contrary, they confederated with the Corporations, and some Cities, and the rest of the Male-contents, and (without consulting the Government) they appointed a General Assembly at Kilkenny, in November following; and there they did accordingly meet; [Page 118] and the Lord Justice had not Power to hinder them, nor did he dare to come to them.
This Assembly sent Messengers to the King with their Complaints couched in these three Queries;
I. How a Realm of War could be governed by a Man unskilful in all war-like Service?
II. How an Officer under the King, that entred very poor, could in one Year heap up more Wealth than Men of great Estates in many Years? And,
III. How it chanced, since they were all called Lords of their own, that the Sovereign Lord of them all was never the richer for them?
The King, who knew what they aimed at, was very unwilling to restore the Lands and Jurisdictions he had resumed, and therefore tryed all other ways to reform the Kingdom and please the People: He turned out many of his Judges and Officers, that were most obnoxious, particularly Elias de Ashbourn (whose Estate he caused to be seized); Thomas de Montepessulano and Henry Baggott, Judges of the Common Pleas: He sent a Writ to the Lord Deputy, to certifie the Qualities, Services, Fees, Number and Behaviour of his Officers in Ireland: He ordered that all Pardons or Suspensions of the King's Debts, that were by green Wax, or otherwise (except Pardons or Releases under the great Seal) should be vacated, and the Debts levyed: He also commanded the Lord Justice Darcy, or his Deputy, to employ no others in any considerable Office than such Englishmen, as had Estates in England, and to turn out all that were not so qualified: And also enjoyned him not to alien or grant any of the King's Lands, until he be fully informed of the Circumstances by Inquisition: And whereas the Treasurer of the Exchequer did claim a Privilege to dispose of any Sum under one hundred Shillings toties quoties, as he pleased, without Voucher or Account, the King supersedes that evil Custom, and orders him to account for what is past, since the beginning of his Reign, and to issue no more Mony without the Presence or Consent of the Lord Justice, Lord Chancellor and Council: And whereas the Treasurer used to name Sheriffs, that Nomination is conferred on the Chief Governour, and Chancellor, and Council; who are enjoyned to put in Persons fit for the Office: And whereas the Treasurer, for Rewards, used to forbear the King's Debts, so that many of them were lost, that Practice is also prohibited for the future: And the Treasurer is ordered, Not to receive the King's Mony in his Chamber or elsewhere privately, but only in the publick Office.
[Page 119] The King also sent a Writ to be certified of the Particulars which were seized by virtue of the aforesaid Writ of Resumption: And John Darcy Senior▪ had an Order to have his Part of those Lands restored. The Lord Justice, the Deputy and the Chancellor, or any two of them were authorized to supervise and regulate the Exchequer. And yet all this and whatever else the King could do, did not quiet the Kingdom, until there was a general Restitution of these resumed Estates, which was done 26 Edw. 3.
And it must not be forgot that Walter Archbishop of Ardmagh, Pryn, 277. being in the time of Edw. 2. advanced to that See by the Popes Provision; wherein were some Clauses prejudicial to the Crown; the King refused to restore the Temporalities unto him, until he had renounced all Clauses in the Pope's Bulls, prejudicial to the King or his Kingdoms, and engaged to pay a Fine of one thousand Crowns for that Misdemeanour; but the Archbishop died before the Fine was paid. And about this time Process issued to levy the same on the Temporalities of his Successor, but it was irregular and illegal, and therefore the King superseded that Process, and directed that it should be levyed of the Heirs or Executors of the said Walter.
And about this time John Larch, Prior of the Hospital of S. John of Jerusalem, in Ireland, and Mr. Thomas Wogan, were sent to the King by the Prelates, Earls, Barons and Commons of Ireland, with a long Catalogue of the Grievances of those Times, to be seen at large (together with the King's Answer) in Mr. Pryns Animadversions 279. But Whether these Agents were sent from the Parliament at Dublin, or the discontented Assembly at Kilkenny, non constat [...] But 'tis certain, that not long after the Lord Justice was removed; and
Sir Ralph Ʋfford came over Lord Justice,1334. he married the Countess Dowager of Ʋlster, and was a grave severe Man, and the likeliest Person of that Age to reduce the Seditious to their Duty; however, the Irish and the old English speak very hardly of him; and after they had given him the worst Character imaginable, they add, That there was a continual Tempest in Ireland, from the time of his landing to the Day of his Death:Camb. 189. 'Tis certain they hated him so, that in Sight of the People, and at noon-day, he was robbed of his Cloaths, Mony, Plate and Horses, by Mac Cartane, at Emerdullin, no Body endeavouring to help or rescue him; nevertheless, he afterwards raised the Men of Vrgile, and gained the Pass, and entred Ʋlster.
On the twenty fourth of November the King and Parliament at Notingham, made Ordinances for the Reformation of Ireland; [Page 120] which are the same mentioned already, 17 Edw. 2. ante, pag. 112. which is there mistaken for 17 Edw. 3. as I suppose, for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are misprinted, than that the same Ordinances should be repeated at the same Place, and in the same Year of both Kings: But however that be, my Lord Cook adds this Clause;
Volumus & praecipimus quod Nostra & Terrae nostrae negotia praesertim majora & ardua per Peritos Conciliarios ac Praelatos,4 Inst. 350, 351. & Magnates & quosdam de discretioribus Hominibus (i.e. the Commons) in Parliamentis tractentur dis [...]utiantur & terminentur.Vide postea ad annum, 1357.
And this he says does regulate the Parliaments of Ireland, according to the Institution of England: for before this time the great Meetings in Ireland were rather general Assemblies of the Great Men, than properly Parliaments. I find it asserted (in the Argument of a Case about the Precedency of the Lord of Kerry, before the Lord of Slane, 12 Jac. 1.) that the first regular Parliament in Ireland was held anno. 12 Edw. 3. but I do not find any other Authority that there was any Parliament held that Year at all. Certainly the greatest Assembly that was at any time in either of these King's Reigns, at Parliament, was anno 1302. being 30 Edw. [...] the Number upon the Parliament Roll amounting to no less than one hundred fifty six. The Parliament 8 Edw. 2. was nevertheless more considerable, because of the Quality of the Persons, for there were the four Archbishops, ten Bishops, the Abbot of S. Thomas, the Prior of Kilmainham, and the Dean and Chapter of Dublin: There were also many Irish Lords, as O Hanlon, Duke (i.e. Dux, Captain or Chief) of Orry, O Donel, Duke of Tyrconnel, O Neal, Duke of Tyrone, &c. and almost all the English Nobility in Ireland.
Others make a distinction between Grand and Petit Parliaments,Lib. M. Lambet [...]. the former were properly Parliaments, and in them the three Estates were assembled; and this sort of Parliament is intended in the Submission of Mac. Mahon, 25. Hen. 6. whereby he promiseth, that in time of Arch-Parliaments, he will carry nothing away out of the English Pale, contrary to the Statutes. Thus the Annals of Ross mention, Quod Magnum Parliamentum tenetur apud Dublin, 1333. And Mr. Cambden (ad annum 1341) calls it Commune Parliamentum. But after all, there were but very few Cities or Corporations that were concerned in, or summoned to an Irish Parliament, until of later Days. The Earl of Desmond did indeed associate with the Deputies of many Towns, in his Assembly at Kilkenny; but that was to strengthen his Party, and to enlarge his Confederacy; so that whoever will look for an Irish Parliament, [Page 121] consisting of Lords Spiritual and Temporal, Knights, Citizens and Burgesses, summoned by the King's Writ, on forty Days Notice, and sitting in several Houses, as the Custom is now, must search the Parliament Rolls, to satisfie himself which was the first Parliament of that sort in Ireland, for he will not in any History find a sufficient Information in that Particular, as I suppose.
But let us return to the Lord Justice,1345. who summoned a Parliament to meet at Dublin, the seventh of June, but the Earl of Desmond still refused to come thither, and had appointed another Assembly at Calan; at which Place several great Men had promised to come;Fryar Clun, ad annum 1344. but they were prohibited by the King's Writ, and therefore excused themselves to the Earl.
But the Lord Justice, to abate the Insolence of the Earl of Desmond, advanced the King's Standard into M [...]nster, he seized on the Earls Lands, and gave them, in custodiam, to those that would take them: He also by Stratagem took the Castles of Iniskilly and Island in October following, and he hanged three Knights that commanded them, viz. Poer, Grant and Cotterel, Ware antiq▪ 69. Quia multas graves extraneas, & intolerabiles leges exercuissent, tenuissent & invenissent, viz. Coyn and Livery, &c.
It is probable that Desmond was so mortified with this Usage, that he surrendred himself to the Lord Justice, and was let to bail, on the Recognizance of the Earls of Ʋlster and Ormond, Lib. P. and twenty four Knights; but finding the Severity of this Governor, he thought it dangerous to appear, according to the Condition of the Recognisance, and therefore it was estreated into the Exchequer; and though the Noblemen and some of the Knights, made a shift to get rid of this matter, yet eighteen of the Knights lost their Estates, and were utterly ruined thereby.
This Lord Justice did also use means to apprehend the Earl of Kildare, which at last he effected, and kept him in Prison, where he continued till the twenty sixth of May, 1346. and then he was discharged by the new Justice, on the Recognisance of twenty four Lords and Gentlemen.
About this time, viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland: And the King pardoned the Archbishop of Dublin (late Treasurer of Ireland) for sundry false Writs and Acquittances, which he had put into his Treasurers Account, in deceipt of the King.
But on Palm-Sunday (being the ninth Day of April) this severe Governor submitted to his Destiny,1346. to the great Joy of the generality of the People: And it is observeable, [Page 122] That his Lady (who was received like an Empress, and lived like a Queen) was fain to steal away through a Postern-Gate of the Castle, to shun the Curses of her Enemies, and the Clamour of her Creditors.
Sir Roger Darcy was immediately appointed Lord Justice, (ex assensu & ordinatione Regalium & aliorum in Hibernia) and sworn the 10th of April; but he continued only till the 25 [...]h of May, and then surrendred to
Sir John Morris, Lord Justice, who met the bad News, that in April before, the O Mores had burnt the Castles of Ley and Kilmehide: He released the Earl of Kildare out of Prison, as aforesaid; but continued not long in his Government; so that there is little mention of what was done in his time, saving that in June, the Irish of Ʋlster slew three hundred of the English of Ʋrgile, and immediately thereupon
Sir Walter Birmingham, 1346. Lord Justice landed in Ireland, and was sworn the 19th of June; he procured leave for the Earl of Desmond to manage his Cause in England; where that Earl was kindly received, and allowed by the King twenty Shillings per diem from the day he landed, for his Expences (his Estate being, I suppose, in Custodiam) he was diligent in his business, and followed the Law hard (says my Author) for satisfaction for the wrongs done him by Ʋfford.
The Lord Justice and the Earl of Kildare, in November pursued the O Mores so effectually, that they forced them to submit, and give Hostages; and thereupon the Earl of Kildare (obliged by the kindness shewed to his Cozen Desmond, in England) went in May to serve the King at Calice, 1347. where he was Knighted by the King for his good Service, and the Lord Justice return'd to England, leaving
John Archer, Prior of Kilmainham, Lord Deputy; in whose time Donald Oge mac Morrough (call'd Prince of Leinster) was murdered by his own Followers on the 5th of June, and the Town of Nenagh was burnt by the Irish on St. Stephens Day.
Sir Walter Birmingham, 1348. Lord Justice came again from England, having first obtain'd for himself the Barony of Kenlis in Ossory, which formerly belonged to Sir Eustace Poer, one of the Knights taken by Ʋfford in the Earl of Desmonds Castle of Island, and there executed.
It was about this time,Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King, that Enquiry might be made by good men, why he taketh no Profit of what he hath in Ireland, seeing he hath more there than any of his Ancestors had? And if default be found in the Officers, that then such others be put into their places as [Page 123] will answer the King of the reasonable Profit thereof; and the King was pleased it should be so: They also desire that the Estate of the Earl of Ʋlster (which if the Kings Daughter-in-Law (the Duchess of Clarence) should die without issue, might descend to Co-parceners, some of which are the Kings Enemies) might be setled otherwise.
And it seems that by the good usage Desmond and Kildare found in England and France, and the daily expectation to have the resumed Lands and Jurisdictions restored; which was done anno 1352. the Kingdom was so quiet, that we find little or nothing recorded of these times, except the alteration of the Governors, viz. that
The Lord Carew, 1349. Lord Justice, succeeded Birmingham, and that
Sir Thomas Rokeby, 1349. Lord Justice, came over the 20th of December, and afterward he returned to England, and left.
Maurice de Rochford, 1351. Bishop of Limerick, Lord Deputy, who held that Place, and discharg'd it worthily, until
Sir Thomas Rokeby, 1353. Lord Justice, returned; he brought with him ten men at Arms, and twenty Archers, which were allowed him by the King over and above the ordinary Retinue of twenty Men.
About this time lived Sir Robert Savage, a very considerable Gentleman in Ʋlster, who began to fortifie his dwelling House with strong Walls and Bulwarks; but his Son derided the Fathers Providence and Caution, affirming, that a Castle of Bones was better than a Castle of Stones; and thereupon, the old Gentleman put a stop to his Building. It hapned that this brave Man with his Neighbors and Followers, were to set out against a numerous Rabble of Irish, that had made Incursions into their Territories: And he gave Orders to provide plenty of good Cheer against his return; but one of the Company reprov'd him for doing so; alledging, that he could not tell but the Enemy might eat what he should provide; to whom the valiant old Gentleman replied, That he hoped better from their Courage;Camb. 193. but that if it should happen that his very Enemies should come to his House, he should be asham'd if they should find it void of good Cheer. The Event was suitable to the Bravery of the Undertaking; Old Savage had the killing of three thousand of the Irish near Antrim, and return'd joyfully home to Supper.
But let us return to the Lord Justice; of whom it is recorded, that he us'd to say, That he would rather eat his Meat in wooden Dishes, and pay Gold and Silver for it, than to eat in Golden Dishes, and make wooden Payment; However, on the 20th day of July 1355. he did resign to
[Page 124] Maurice Fitz-Girald, 1355. Earl of Desmond, Lord Justice; he obtained so much favour in England, Lib. M. that he had this Office granted to him for Life, which expired the 25th day of January; he was so just a man, that he spared not his very Relations when they were criminal. And about this time the Barons of the Exchequer were reduced to Three,Lib. CCC. 10. 29 Ed. 3. and John de Pembrook, Chancellor of the Exchequer, was made the third Baron.
Sir Thomas Rokeby, 1356. Lord Justice, returned again to Ireland, and held a Parliament at Kilkenny; at which many good Laws were enacted. In his time a Memorable Writ was sent to the Lord Justice and Chancellor, reciting, That whereas the Subject found great difficulty to get Restitution (according to Law) of such Lands as were at any time seized into the Kings Hands;Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here, to take cognizance of erronious Proceedings in the Kings Courts, but put the Subject to the trouble and charge of prosecuting a Writ of Error in England, the King orders amendment and Reformation in both those Cases. And not long after, this worthy Lord Justice died at the Castle of Kilkea, and was succeeded by
Almaricus de Sancto Amando, 1337. Lord Justice; in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars: but at length (by the favour of the Pope) the Friers got the better of the Bishop.
To this Lord Justice the King sent a Writ or Commission,Prin, 294. authorizing him, with the Advice of the Chancellor and Treasurer, to give a special Pardon to as many English or Irish as he shall think fit, for all Crimes, except Treason.
Moreover, for the better instruction of the People, and because of the Non-residence of their Pastors,Ibid. the King, by his Sovereign Ecclesiastical Jurisdiction, Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick, and of the Kings Patronage, with certain proportions of greater and lesser Tithes, and other Profits, to those who should reside upon them.
But (which was more than all this) the King by advice of his Council, made most excellent Ordinances in England, for the better Government of the Church and State of Ireland, and the maintenance of the good Laws and Statutes of England there established, they are to be found at large in Prins Animadversions on the 4th Instit. pag. 287. and therefore are omitted here (being very long, though also very good) only this must be observed, that the Clause formerly quoted (ad annum 1344) out of the 4th. Instit. is by [Page 125] my Lord Cooke mistaken both as to Time and Form; as to the Time, it was not 17 Edw. 3. as he says; but it was 31 Edw. 3. And as to the Form, it is thus;
VOlumus & praecipimus quod Nostra & ipsius terrae Negoti [...]a praesertim majora & ardua, in Conciliis per peritos Conciliarios nostros ac Praelatos & Magnates, & quosdam de discretioribus & probioribus hominibus de partibus vicinis, ubi ipsa Concilia teneri contigerit propter hoc evocandos; In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos & Proceres, aliosque de Terra praedict. prout Mos exigit, secundum Justitiam, Legem, Consuetudinem & Rationem tractentur, &c. But to return.
James, 1359. Earl of Ormond, Lord Justice, was commonly stiled The Noble Earl, because he was of the Royal Blood, being great Grand-son to King Edward the first.
In his time,34 Edw. 3. the King ordered Proclamation to be made in Ireland, That no Meer Irishman should be Mayor, Bayliff, or Officer of any Town within the English Dominion (i.e. the Pale) nor be advanced to any Ecclesias [...]cal Benefice or Promotion;35 Edw. 3. but the next Year, the King, by his Writ explains the former Proclamation,Pryn, 296. and orders that it shall not extend to any Irish Clerks, who have done him Service, or are Loyal to him.
But it seems that the Lord Justice was sent for into England, and until his Return,
Maurice Fitz-Girald, March 30. Earl of Kildare, was constituted Lord Justice,1360. by Patent under the Great Seal of Ireland; he was to have the usual Sallary of five hundred pound per annum, maintaining thereout Ninteen Horsemen besides himself; but he did not continue long in this Station before
James Earl of Ormond, March 15. Lord Justice, return'd; and the King intending to send his Son to Ireland, 1357. with a good Force, summoned the Duchess of Norfolk, and all other Noble and Gentle Men and Women that held Lands in Ireland, to appear in Person or by Proxy,4 Instit. Pryn, 296. before him and his Council, to advise concerning the Defence of Ireland, and to repair to that Kingdom in Person (with all the Forces they could raise) by a certain Day, or to send their sufficient Deputies to assist the Kings Son in Defence of the Country.
And the same Day issued a Writ or Proclamation, prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture; and another Proclamation or Writ, to seize all the Lands or Tenements purchased in Ireland by any of the Kings Officers without his special License, contrary to the aforesaid Ordinance of Edw. 2. And so on the 8th day of September,
[Page 126] Lionel Duke of Claren [...]e, 1361. Earl of Ʋlster, and Lord of Connaught, came over Lord Lieutenant, and brought with him an Army of fifteen hundred men by the Pole, and his Entertainment was thirteen shillings and four pence per diem, and two shillings apiece for eight Knights, six pence apiece for three hundred and sixty Archers on Horseback, out of Lancashire, and two pence apiece for twenty three Archers out of Wales.
Under him was Ralph Earl of Stafford, who had six shillings and eight pence per diem, for himself; four shillings for a Baneret, two shillings apiece for seventeen Knights, twelve pence apiece for seventy eight Esquires, and six pence apiece for an hundred Archers on Horseback,Davis, 30, 31. and four pence apiece for seventy Archers on foot.
And James Earl of Ormond had four shillings per diem, and two shillings apiece for two Knights, and twelve pence apiece for twenty seven Esquires, & six pence apiece for twenty Hoblers armed, & four pence apiece for twenty Hoblers unarm'd.
And Sir John Carew, Baneret, had four shillings per diem, and two shillings for one Knight, and twelve pence apiece for eight Esquires, and six pence apiece for ten Archers on Horseback.
And Sir William Windsor had two shillings per diem, and for two Knights two shillings each, for forty nine Squires twelve pence apiece, and for six Archers on Horseback sixpence apiece.
Upon his coming over, Proclamation was made to remand out of England all Men that held Land in Ireland, on pain of Forfeiture of their Land, because he thought that by his Army,36 Edw. 3. m. 21. and the assistance of the English of Birth, he should be able to do great Feats without the assistance of the old English; and therefore he also proclaimed, That none of the old English should joyn his Army, or approach his Camp, which gave great offence to those that were the Progeny of the first Conquerors, and had hitherto preserved the Kingdom by their Valour.
However, the Duke marched his Army against O Brian, but not being acquainted with the Country, nor the Manners of the Irish, he soon lost an hundred of his Men, and thereby found the want of the old experieneed English, whom he at first rejected; but he timely repair'd his Error, by another Proclamation, inviting and requiring them to come to him; whereupon they united, and the Affair proceeded prosperously, so that O Bryan was subdued.
Hereupon the Duke made many Knights as well of Old as New English, and some time after, he removed the Exchequer to Caterlough, and bestowed five hundred Pounds in [Page 127] walling that Town: He did many other good Acts, so much to the Satisfaction of the whole Kingdom, that as well the Clergy as the Layity gave him two Years Profit of all their Lands and Tithes, towards the maintenance of the War here; He was the first that kept the Army under Discipline, so that they were not grievous or burthensom to the Country, as they used to be. And so having behaved himself very well in Ireland, he returned to England, on the twenty second of April, leaving
James Butler, 1364. Earl of Ormond, Lord Deputy: This Lord obtained a Licence from the King, to purchase Lands to the value of sixty Pound per annum, Lib. CCC. non obstante the Statute or Ordinance, That no Officer of the King's should purchase within his Jurisdiction. But on the eighth Day of December
Lionel Duke of Clarence, Lord Lieutenant, came over again, but made a very short Stay, before he left the Kingdom; and deputed
Sir Thomas Dale, 1365. Lord Deputy, in whose time great Contest arose between the Birminghams of Carbry, and the Inhabitants of Meath (for the very English were now grown so degenerate, that they preyed and pillaged one another, after the barbarous manner of the Irish) so that Sir Robert Preston, Chief Baron, who had married one of the Daughters and Coheirs of Sir Walter Birmingham, was forced to put a good Guard into his Castle of Carbry, to secure his Estate against his seditious Neighbours. Hereupon
Lionel Duke of Clarente, 1367. Lord Lieutenant, came over again, and held that renowned Parliament at Kilkenny; which made that famous Act, which is so often cited by the name of the Statute of Kilkenny. The Bishops of Dublin, Cashel, Tuam, Lissmore, Waterford, Killaloo, Ossory, Leighlin and Cloyne, Lib. D. (who were present at this Parliament) did fulminate an Excommunication against the Transgressors of that Law. The Lords and Commons sat together, at the making of it; and the Statute it self is in French, and to be seen at large in the Library at Lambeth, libro D. but the effect of it is,
That the Brehon Law is an evil Custom,Davis, 112, 191. and that it be Treason to use it: That Marriage, Nursing and Gossiping with the Irish be Treason: That the use of Irish Name, Apparel or Language be punished with the loss of Lands or imprisonment, until the Party give Security to conform: That the English should not make War upon the Irish, without Order of the State: That the English should not permit the Irish to Creaght or graze upon their Land: Nor present an Irishman to an Ecclesiastical Benefice: Nor receive them into [Page 128] Monasteries or Religious Houses: Nor entertain any of their Minstrels, Rhimers or News-tellers: Nor cess Horse or Foot upon the English Subject, against his Will, on Pain of Felony: And that Sheriffs might enter any Liberty or Franchise, to apprehend Felons or Traytors: And that four Wardens of the Peace should be appointed in every County, equally to assess every Man's Proportion of the publick Charge for Men and Armour.
But it seems this Statute did not affect the Irish, because they were not amesnable to Law, for notwithstanding this Act, the Irish did always use their Brehon Law, until the third Year of King James I.
Nevertheless this Law,Davis, 193. together with the Presence of the King's Son, and the Discipline he used, did very much reform the degenerate English; so that the Revenues certain and casual of Ʋlster and Connaught were thenceforward accounted for, in the Exchequer, and the King's Writ did run in both those Provinces, and therefore this Statute was revived and confirmed by 10 Hen. 7. cap. 8.
It is to be noted,Lib. D. That at this time the Price of a Cow was but ten Groats; and the Pay of a Foot-Soldier was but two Pence a Day, whereof he paid a Penny for his Victuals.
Nor must it be forgot, That about this time it was declared, in England, That the King could not by Law alienate his Dominions: And that King John his Submission to the Pope, being contrary to his Coronation Oath and to Law, was utterly void.
But let us return to the Lord Lieutenant, who having concluded this Parliament to his Mind, went to England; and
Gerard Fitz Maurice, Earl of Desmond, was made Lord Justice;1367. he procured a Parly between the Birminghams and some Commissioners he sent; but they treacherously seized on Thomas Burly, Prior of Kilmaynam and Chancellor, the Sheriff of Meath, 1368. and Sir Robert Tyrrel, &c. whereupon James Birmingham (who was a Prisoner in Irons at Trim) was exchanged for the Chancellor, and the others were fain to pay their Ransoms.1369. But on the twelfth of July came over
Sir William de Winsor, Lord Lieuten. who called a Parliament at Kilkenny, which gave three thousand Pound Subsidy: And soon after another at Ballydoil, which gave two thousand Pound Subsidy,Pryn, 304. towards the Maintenance of the King's Wars: Both which Sums were for some time forborn, by the King's Order,Prin, 300, 301 but were afterwards levied and paid to the Lord Lieutenant. And the King would also have had a Law made against Absentees, and sent Orders to that Purpose; but it seems that he did not prevail in that Matter.
[Page 129] This Lord Lieutenant vigorously prosecuted the War against the O Tools and the Rebels of Leinster; but was interrupted by a fatal Accident, for on the sixth of July, near the Monastery of Mayo, in the Country of Limerick, O Connor and O Bryan got the better of the English, and slew the Earl of Desmond, and took John Fitz Nicholas, Lord of Kerry. and the Lord Thomas Fitz-John, and many others Prisoners.
Whereupon the Lord Lieutenant was obliged to march to the Defence of Munster, where he behaved himself so well, that John Macnamarra (a great Man in Thomond) was forced to submit,Lib. D. and give Hostages for Performance of Covenants; one of which was, To keep the Peace, especially towards the Bishops of Limerick and Killalow. Another was, Not to annoy the City or Castle of Limerick, nor hinder that City in their Fishing, or in cutting down Woods in Thomond, to build or repair their Houses. And a third was, That he should restore the Books, Ornaments and Chalices he had taken from the Church of Limerick. From whence may be observed, That Sacriledge was well known and practised in Ireland, before the Reformation. But to proceed, The Lord Lieutenant was sent for to England; and therefore on the twenty first of March he deputed
Maurice, 1371. Earl of Kildare, Custos of Ireland, and he was sworn the next Day; and continued in that Office until
Sir Robert de Ashton, 1372. Lord Justice, arrived: In his time there were great Fewds between O Farrel and the English of Meath, so that many were killed on each Side, and particularly Hussy, 1373. Baron of Galtrim, the Sheriff of Meath and William Dalton were (in May) slain by the Irish in Kinaleagh. And whereas the Court of Exchequer had issued Process to levy Escuage, as well for the Lands seised by the Rebels, as for those which the English kept in Possession; the King on the twenty second of May sent a Writ to the Exchequer, to order that Matter according to Reason and Equity. And whereas he was informed, That Customs and Impositions were laid upon them, which the major Part of the Parliament had not consented to, he sent the Lord Justice a strange sort of Writ,Pryn, 303. which shall therefore be recited.
REX dilecto & s [...]ideli suo Roberto de Ashton, Justic. suo Hibern. Salutem, Ex gravi conquestione ligeorum nostrorum Terrae nostrae Hibern. accepimus, quod cum Willielmus de Winsore, nuper locum nostrum tenens in Terra praedicta, ad primum Parliamentum post adventum suum in Hibern. tent. apud Dublin, diversa Custumas & onera quae antea aliquo tempore concessa non fuerunt ab ipsis Ligeis nostris peti [...]isse, viz. de quolibet lasto halecis tres solidos, de qualibet centena grossi piscis [Page 130] duodecem denarios, de qualibet Centena minoris piscis sex denarios, de quolibet dolio Salmonis quatuor solidos, de qualibet pipa Salmonis duos solidos, de quolibet dolio Vini sex solidos & octo denar. de qualibet pipa vini tres solidos & quatuor denar. de qualibet libra [...]arnium boum porcorum & ovium sex denarios, de qualibet weia frumenti sex solidos & octo denarios, de qualibet weia Brasei fabarum pisar. hordei siliginis & hastinel quinque solidos, de qualibet weia salis sex solidos & octo denaer. de qualibet libra pellium equorum, cervorum, Aphrorum, pillfell. & pannor. laniar. & lineorum & fuldingoram & aliarum merchandizarum sex denarios, & licet Praelati, Magnates & alii ligei nostri pro majori parte in dicto Parliamento nostro existentes, concessioni levationi & solutioni custum. & onerum praedictorum expresse contradixerunt, & quidam Praelati, de concilio & assensu praefat. Willielmi existentes & aliae singulares personae pro minori parte ejus [...]em Parliamenti in quadam camera congregati custumam & onera superdicta absque assensu majoris partis dicti Paliamenti per tres annos tantum & non ultra concesserunt, praefatus tamen Willielmus & alii de concilio suo in rotulis Canc. nos [...]ri ejusdem irrotulari & registrari fecerunt quod dicta custumae & onera per omnes in dicto Parliamento presentes perpetuis temporibus percipienda concessa fuerunt, in ipsorum ligeorum nostrorum Terrae nostrae praedictae destructionem & depa [...]perationem manifestam, unde nobis supplicarunt sibi per nos de remedio provideri, nos nolentes ipsos ligeos nostros injuste onerari vobis mandamus, quod premissa omnia & eorum singula eisdem modo & forma quibus gesta & acta fuerunt in proximo Parliamento nostro in Terra praedicta tenendo coram Praelatis, Magnatibus & Communitate dicti Parliamenti recitari & declarari, & si per expositionnem & examinationem eorundem vobis constare poterit premissa veritatem continere, tunc irrotulamentum ac record, concessionis custumae & onerum praedict. de assenfu dicti Parliamenti sine dilatione cancellari & damnari & levationi & exactioni custumae & onerum praedict. ratione concessionis antedict. post dictum trientum faciend. supersederi faciatis omnino. Teste Rege apud Westm. 28. die Maii.
And now happened the famous Case of Sir Richard Pembridge, who was the King's Servant and Warden of the Cinque Ports, 2. Inst. 47. and being ordered to go over Lord Deputy to Ireland, he refused, and it was adjudged he might, because it was but an honourable Exile, and no man can (by Law) be compelled Perdere Patriam, except in the case of Abjuration for Felony, or by Act of Parliament: And therefore another was sent, viz.
[Page 131] Sir William Windsor, 1374. Lord Lieutenant, who arived at Waterford on the eighteenth Day of April, 1374. and was sworn at Kilkenny the fourth of May: He undertook the Custody or Government of Ireland for eleven thousand two hundred and thirteen Pound six Shillings and eight Pence per annum, Lib. G. and obtained an Order from the King and Council, That all those who had Lands in Ireland, should repair thither, or send sufficient Men in their Room to defend the Country, on Pain of forfeiting their Estates. Nevertheless, this Lord Justice was so far from subduing the Irish, that he confessed he could never get access, to know their Countries or Habitations, and yet he had spent more time in the Service of Ireland than any Englishman then living: So finding he could do no good, he resigned to
James Earl of Ormond, July 24. 1376 Lord Justice: In whose time the Counties, Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom, (and not to the English Parliament, as some have mistaken it):Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor, requiring them to levy the reasonable Expences of these Commissioners (from the respective Places that chose them) by Writ under the great Seal of Ireland: And accordingly John Draper, (who served for Cork) had a particular Mandate to the Mayor and Bayliffs of that City, to pay him his reasonable Expences as aforesaid.
It will not be unuseful to recite this Lord Justice his Commission, because the Reader will thereby perceive what Authority he had, and will also note the Difference between this brief Commission and the prolix Forms that are now used.
REX omnibus ad quos,Ibid. &c. Salutem. Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler, Comiti de Ormond officium Justic. nostr. Hibern. & Terram nostram Hibern. cum Castris & aliis pertinentiis suis custodiend. quamdiu nobis placuerit, percipiend. per ann. ad Scac. nostrum Hibern. (quamdiu in Officio illo sic steterit) quingent. libras, pro quibus Officium illud & terram custodiet, & erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta, &c.
But by a subsequent Patent (the sixth of August) he had Power to Pardon all Offences, generally, or to particular Persons, and (by consent of the Council) to remove or displace any Officer, those made by Patent under the great Seal only excepted:Ibid. 307. And by another Writ of the same date the former [Page 132] Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life, Member, Lands or Goods.
And the same time Alexander Bishop of Ossory was made Treasurer of Ireland, and a Guard of six Men at Arms, and twelve Archers, at the King's Pay, allowed him.
I have seen a Copy of a Commission to Maurice Fitz-Thomas, Lib. G. 13. Earl of Kildare, to govern Ireland till Sir William Windsor's return; it bore date the sixteenth of February, 50 Edw. 3. (and Stephen Bishop of Meath was appointed to oversee Munster) but because I find no other mention of his being in the Government about this time, I have therefore omitted to name him as Lord Justice.
And so we are come to the twenty first Day of June, 1377. 1377. on which Day this victorious King died at Shene in Surry, in the sixty fourth Year of his Age, and of his Reign the one and fiftieth.Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum, though the Medium be taken from the best seven Years of his Reign.
THE REIGN OF RICARD II. King of England, &c. And LORD of IRELAND.
RICHARD the Second, only Son of Edward (commonly called the Black Prince) Eldest Son of King Edward the Third, was by his Grandfather declared to be his Heir and lawful Successor; and accordingly succeeded him in the Throne, on the 21st of June, and was Crowned at Westminster the 16th of July following:1377. His tender Age (being but eleven years old) required a Protector; and because it seemed dangerous to commit that great Authority and Power to a single Person, it was given to the Kings Unkles (the Duke of Lancaster and the Earl of Cambridge) and others: who thought fit to continue in the Government of Ireland,
James Earl of Ormond, Lord Justice; he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of;Baker, 141. for both the French and the Scots took advantage of the Kings Infancy, to disquiet his Dominions; but especially the Realm of England: This Lord Justice, according to the Usage in those days, held Pleas of [Page 134] the Crown,Lib. G. Lambeth. and Gaol-delivery at the Naas, on Monday after Valentines Day,1378. and not long after surrendred to
Alexander Balscot, Bishop of Ossory, Lord Justice, who continued in the Government until November following,Lib. G. and then gave place to
John de Bromwick, 1379. Lord Justice; in whose time Beauchamp Earl of Warwick, was by the Parliament of England, made sole Protector of the King and Kingdom: And then was made that first Act or Ordinance against Absentees,Lib. M. Lambeth. 138. by the Assent and Advice of the Lords and Nobles of England, Davis, 38. 199 being in Parliament: Whereby it is Ordained, That all that have Lands,4th. Instit. 356, & 360. Rents or Offices in Ireland, shall return thither; but if they have reasonable cause to absent, that then they shall send sufficient Deputies to defend their Castles and Estates, or contribute two Thirds of the yearly value towards the defence thereof; but that Students and those in the Kings Service, and those absent for reasonable Cause, by Licence under the Great Seal of England, shall be excused for one Third of the yearly Profit of their Estates.
This Act was confirmed afterwards,Lib. F. 19 Edw. 4. and by vertue hereof, the Mannor of Ballymaclo in Meath, was seiz'd into the Kings Hands, for the absence of William de Carew; but was the next year restor'd to him on his Petition,Prin, 308. Septemb. 27. 1380. And it is to be remembred, That this Act was occasioned by a Petition from Ireland, and that it is mentioned in the Body of the Act, that the Loss of Ireland would be a Disinherison to the King and his Crown of England. Ibid.
At the same Parliament at Westminster, there was another Irish Petition for Mine and Coigne; which I take to be a Liberty to dig Mines, and a Mint to coyn Money; For the Kings Answer is, That for six years to come, every one may dig in his own Grounds for any Mineral whatsoever, even Gold and Silver, paying the Ninth part thereof to the King, and sending the rest to the Kings Mint at Divelin; for the Coynage of which, they shall pay the usual Rates, but must transport none to any place (except England) on pain of forseiting it if it be seized, or the Value, if he be convict of it, unless the Party had special Licence under the Great Seal of England.
There was also another Petition for a free intercourse of Trade between Ireland and Portugal; Ibid. whereunto the King gave a Gracious Answer.
And it seems that the State of England was intent upon the Recovery and Improvement of Ireland; for Sir Nicholas Dagworth was sent thither to survey the Possessions of the Crown,Davis, 201, and to call the Officers of the Irish Revenue to account; and the more to humour the Irish, who thiink themselves [Page 135] disgraced when ignoble Men are put in the highest Authority over them.
Edmond Mortimer, Earl of March and Ʋlster, Jan. 24. 1380. was sent over Lord Lieutenant: Sometime before he came, viz. in Jun. 1380. the French and Spanish Gallies, which did much Mischief on the Coasts of Ireland, were by the English Fleet forced to retire into the Harbour of Kinsale, where they were assailed and vanquished by the English and Irish, so that their Chief Captains were taken,Pa [...]ata Hiberniae. 360. and four hundred of the Enemies slain; there were also taken four of their Barges, and one Ballenget, and one and twenty English Prizes were recovered.
I cannot find, but that Ireland was pretty quiet during the Government of this Lord Lieutenant, which did not continue very long; for he died at St. Dominicks Abby near Cork, on the 26th of December 1381. and the next day
John Cotton, then Dean of St. Patricks, Ware, de Praesulibus, 28. and Lord Chancellor, afterwards Achbishop of Armagh, was chosen and sworn Sord Justice,1381 in the Convent of Preaching Friars at Cork; Pryn, 309. but it seems he did not long exercise that Office; for in Mr. Prins Animadversions on the 4th Institut. we find a Writ, Dated the 29th Day of March, anno 1382. viz. 5 R. 2. Directed to Roger Mortimer Earl of March, Lord Lieutenant of Ireland, whereby he is directed to call a Parliament there, for the good Government of that Country, and the support of the Kings great Charge and Expence; but it is probable that this young Lord could not manage that unruly Kingdom; and therefore,
Philip de Courtny (the Kings Cousin) was sent over Lord Lieutenant;1383. he had a great Estate in Ireland, and therefore was the fitter for that Government; He came over on good terms; for he had a Patent to hold that Office for ten years; nevertheless he behaved himself so ill,Lib. M. Lamb. that he was not only superseded, but also was arrested (whilst he was Lord Lieutenant) and afterwards grievously punished for the wrongs and oppressions he had done in Ireland: Davis, 201. In his time hapned a great Mortality, called the Fourth Pestilence; and upon the removal of him, the Government of Ireland was given to the great Favourite of that Age,
Robert de Vere, Earl of Oxford (afterwards Marquess of Dublin, Decemb. 1384. and Duke of Ireland) Lord Lieutenant. The English Parliament (to get rid of him) gave him a Debt of thirty thousand Marks due from the French King, upon condition, that after Easter, he should pass into Ireland, to recover the Lands the King had given him there; he had five hundred Men at Arms at twelve pence per diem, and a thousand Archers at six pence apiece a day appointed him for two years, super [Page 136] conquestum illius Terrae: He was trusted with the whole Dominion of the Realm, during his Life, without paying any thing therefore, or making any Account for it; He had Power to pass all Writs under his own Test, and to place and displace all Officers, how great soever, even the Chancellor, Treasurer, Admiral, &c. and to name his own Deputy, and all other Ministers. And it seems that he had afterwards a larger Patent,4th Instit. 357, 9 Rich. 2. whereby the King granted him Totam Terram & Dominium Hiberniae, & Insulas eidem Terrae adjacentes, ac omnia Castra, Comitatus, Burgos, Villas, Portus Maris, &c. una cum Homagiis, Obedientiis, Vassallis, Servitiis & Recognitionibus Praelatorum, Comitum, Baronum, &c. cum Regaliis, Regalitatibus, Libertatibus, &c. & omnibus aliis qnae ad Regaliam Nostram pertinent, cum Mero & Mixto Imperio, adeo plene, integre & perfecte, sicut Nos ea tenuimus & habuimus, tenuerunt & habuerunt Progenitorum nostrorum aliqui, ullis unquam temporibus retroactis, Tenendum per Homagium Ligeum tantum, &c.
But that which is most strange, is, That those illegal Letters Patents should be authorized by Parliament (Assens [...] Praelatorum, Ducum, & aliorum Procerum & Communitatis nostri Angliae in Parliamento) but, nullum violentum est perpetuum, & novus iste insolitus & umbratilis honor cito evanuit.
But it is time to return to the great Minion, the Earl of Oxford, who came as far as Wales, and the King with him; but they could not be perswaded to part, and therefore this Lord Lieutenant never went to Ireland, but deputed▪
Sir John Stanly, 1385. Lord Deputy; in whose time the Bridge of Dublin fell; and at the Parliament held at Westminster, Roger Mortimer Earl of March (Son of Philippa, Daughter of Lionel Duke of Clarence, Third Son of Edward the Third) was established; and soon after proclaimed Heir Apparent to the Crown, and yet he was but Heir Presumptive; but this Lord Justice was sent for, and
Alexander de Balscot, April 26. alias Petit, 1387. Bishop of Meath (who had been Treasurer and Chancellor) did execute the Office of Lord Justice until the return of
Sir John Stanly, 1389. Lord Deputy to the aforesaid Earl of Oxford; Lib. D. Lambeth. to him O Neal and his Sons made an humble Submission in Writing, wherein they renounced the Bonaught of Ʋlster; they also promised Allegiance, and gave Oaths and Hostages for the performance thereof.
And it is to be noted,1390. That almost in every Parliament of this Reign, held in England, the King did desire Aid from them, for the carrying on the War in Ireland.
[Page 137] But at length the English Parliament did so vigorously prosecute the Lord Lieutenant of Ireland, that he was forced to fly beyond Seas, and not long after died miserably at Brussels; and thereupon,
James Earl of Ormond, July 25. was made Lord Justice, and the Archbishop of Dublin was constituted Lord Chancellor:1392. This Lord Justice beat the Mac Moyns at Tascoffin, in the County of Kilkenny, and slew six hundred of them.
And now the State of England began to think seriously of the Recovery of Ireland; and finding that that Country was poor, and almost depopulated, by the mighty Concourse of Irish into England, whereby the Kings Revenue was decayed, and the Power of the Irish Rebels increased, it was thought fit to revive the Law against Absentees, and to issue a Proclamation, requiring all those whose Habitations were in that Kingdom, to repair home: Also, some Recruits of Men and Money were sent to Ireland, and the King had (by Indenture) agreed with Thomas Duke of Glocester, to be Lord Lieutenant of that Land, and to go personally thither, and an Army was design'd for him, and he was created Duke of Ireland, in order to that Expedition; and notwithstanding all this, on the twenty third of July 1393. the King sent him a Letter to stop his Voyage, because his Majesty intended to go to that Kingdom in person.
For the King was netled with an Answer his Ambassadors received in Germany, when they were solliciting for the Imperial Crown (that they did not think him fit to be their Emperor, who could not keep what his Ancestors had gain'd in France, nor rule his insolent Subjects in England, nor tame his rebellious Vassals in Ireland) and therefore partly to vindicate his Reputation, and partly to divert the Melancholy, which had seiz'd him on the Death of his Wife, he undertook a Royal Voyage to Ireland, with four thousand Men at Arms, and thirty thousand Archers, under S. Edwards Banner.
It seems that Sir Thomas Scroop was sent before him to prepare for the Kings Reception; for I find him named Lord Justice on the 26th of April 1394.1394. But however that be, it is certain that on the Second Day of October,
Richard the Second, King of England, Landed at Waterford, with a mighty Army, whereof he made but small use; for the Irish betook themselves to their old Stratagems of feigned and crafty Submissions, wherewith they had deluded and abused King Henry the Second, and King John in former times: However, Mowbray (Earl of Notingham, and Marshal of England) had a special Commission to receive the Homage and Oaths of Fidelity of all the Irish of Leinster; [Page 138] by vertue whereof, Girald O Birne, Donald O Nolan, Malachias O Morough, Rory oge O More, Arthur Mac Morough, Morough O Connor, and others, made their humble submission by an Interpreter, in the open Field at Baligory near Carlow, on the 16th of February: They did Homage in solemn manner, and made their Oaths of Fidelity to the Earl Marshal, laying aside their Girdles, Skeins and Caps, and falling down at his Feet upon their Knees; which being performed, the Marshal gave each of them Osculum Pacis. Moreover, they were bound by several Indentures upon great Penalties, to be paid to the Apostolick Chamber (viz. O Birne, twenty thousand Marks, O Nolan, ten thousand pounds, &c.) not only to continue Loyal Subjects, but that by a certain day prefix'd, they and all their Sword-men should clearly relinquish and give up unto the King and his Successors, all the Lands and possessions which they held in Leinster, and (taking with them only their moveable Goods) should serve him in his Wars against his other Rebels: In consideration whereof, the King was to give them Pay and Pensions during their Lives, and to bestow the inheritance of all such Lands upon them as they should recover from the Rebels in any other part of the Realm: And thereupon a Pension of eighty Marks per annum was granted to Art Mac Murrough, Chief of the Cavenaghs, which was continued to his Posterity till the time of Henry the Eighth, although they did nothing for it.
But the King having received Letters from O Neal (wherein he stiles himself Prince of the Irishry in Ʋlster, and yet acknowledgeth the King to be his Sovereign Lord, and Dominus perpetuus Hiberniae) removed to Drogheda, to take the Submissions of the Irish of Ʋlster. Thither came to him O Neal, O Hanlon, O Donel, Mac Mahon, and others, who with the like humility and ceremony as aforesaid, performed their Homage and Fealty to the Kings own Person, in these or the like Words (mutatis mutandis) Ego Nelanus O Neal Senior, tam pro meipso, quam pro filiis meis, & tota Natione mea, & Parentelis meis, & pro omnibus Subditis meis, devenio Ligeus Homo vester, &c. And in the Indenture between O Neal and the King, he is bound not only to remain faithful to the Crown of England, but also to restore the Bonaught of Ʋlster to the Earl of Ʋlster, as of right belonging to that Earldom, and (amongst other things) usurped by the O Neals.
These Indentures and Submissions, with many more of the same kind (for there was not a Chieftain or Head of an Irish Sept, but submitted himself in one Form or other) the King himself caused to be enrolled and testified by a Notary [Page 139] Publick, and with his own hands delivered the Enrolments to the Bishop of Salisbury, who on the 25th of June delivered to the Court of Exchequer two Hanapers; one containing thirty nine, and the other thirty six Instruments, which were all there recorded or enrolled, so that they have been carefully preserved, and are now to be found in the Remembrancers Office; and the Copies of them all are to be seen at Lambeth, Libro D.
In the mean time,Lib. G. Lambeth. on the first of February, the King wrote a Letter to his Unkle the Duke of York (who it seems was his Deputy in England) signifying, that there were three sorts of People in Ireland, viz. Irish Savages, or Enemies, Irish Rebels, and English Subjects, and that perhaps the Rebels had cause and provocation to do as they have done, and that therefore he has given them Truce till Easter, and designs to pardon them generally; and concludes with a Desire of his Advice in this Particular.
The Duke and the Council on the 19th of March return an Answer,Lib. M. That they had formerly given their Opinion to prosecute the Rebels; but that his Majesty (being on the Place) best knew what was fit to be done; and that they did not mislike his Intention, provided the Rebels did pay some considerable Fines towards the Charge of the Kings Voyage, and also took out their particular Pardons within a limited Time;Lib. G. and not long after, finding that the King had accepted the Irish Submissions, and valued himself upon the Atchievement, they send him a congratulatory Letter, and humbly pray his Majesty to return to England.
Several of the Irish Historians (one of them misleading another) say that the King did call a Parliament at Christmas, and about Shrovetide return'd to England; but as I am sure he did not return in many Weeks after Shrovetide, so I believe he held no other Parliament in Ireland at this time, than that there being a great Concourse of the Chief Men of the Land to Dublin, to attend the King, it is probable the King consulted with them about the publick Affairs, and that they complained to his Majesty of such Grievances as needed to be redress'd;Lib. G. and particularly, That whereas the Chancery us'd to pay into the Exchequer two thousand Marks per annum, for the Great Seal, besides defraying the Charge of that Court, it now hardly pays its own Officers their Salaries, because, Grants, for which the Parties formerly paid an hundred pound, are now made for ten shillings; and Secondly, That James Cotenham, Deputy Admiral of Ireland, to the Earl of Rutland, committed great Abuses, and exacted a Tribute of twenty pence or two shillings from every one that passed the Seas.
[Page 140] On the twenty fifth Day of March the King knighted four Irish Kings,1395. Selden tit. hon. 842. and some other great Lords; whereof Mr Selden (out of Froisart) gives the following Account. Four Kings of several Provinces in Ireland, that submitted themselves to Richard II, were put under the Care of Henry Castile, an English Gentleman, who spake Irish well, in order to prepare them for Knighthood; by the Kings Command he informed them of the English Manners in Diet, Apparel, and the like; He asked them, If they were willing to take the Order which the King of England would give them, according to the Customs of England, France, and other Countries. They answered, They were Knights already, and that the Order they had taken was enough for them; and that they were made Knights in Ireland when they were seven Years Old; and that every King makes his Son Knight, and if the Father be dead the next of Kin does it; and that the manner is thus; The new Knight, at his making, runs with slender Lances against a Shield, set upon a Stake in a Meadow, and the more Lances he thus breaks, the more Honour continues with his Dignity. But Mr. Castile told them, They should receive a Knighthood with more State in the Church; and afterwards (being perswaded and instructed, especially by the Earl of Ormond) they did receive Knighthood at Christ-Church, Dublin, after their Vigils performed in the same Church, and a Mass heard, and some others were knighted with them; but the four Kings, in Robes agreeable to their State, sate that Day with King Richard at the Table.
And so,Davit, 202. when the King had supplied the Courts of Justice with able Men, particularly with Sir William Hankford, Chief Justice (who was afterwards Chief Justice of England, and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow, he returned to England (about Midsummer,1394. as I suppose); for on the fourth of July 1394
Roger Mortimer, Earl of March was sworn Lord Lieutenant:Pryn. 294. And not long after, the aforesaid excellent Ordinances of 31 Edw. 3. were ratified, revived and exemplified, and sent into Ireland, to be more duly observed than hitherto they had been.
But the Scene was changed, and the Irish despising the weak Forces the King had left behind him, began to lay aside their Mask of Humility, and to make Incursions into the Borders of the Pale: Nevertheless, the English were not daunted, their Valour supplyed what was wanting in their Number;Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham, with their Forces slew six hundred of the Irish, and their Captain Mac Con; and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow, and took [Page 141] O Birnes House; whereupon the Lord Lieutenant made seven Knights. But this Victory was much overballanced by the Loss of forty principal Englishmen, slain by the O Tools, on Ascension-day; and not long after by the Death of the Lord Lieutenant himself, who was slain at Kenlis in Ossory by the O Birnes, on the twentieth of July 1398. And thereupon
Roger Gray was chosen Lord Justice,1398. pro tempore, until the King sent over his half Brother
Thomas Holland, Duke of Surry, Lord Lieutenant,1398. who landed at Dublin the seventh of October, 1398. but did not long continue in that Office, before the King pretending a Resolution to revenge the Death of his Cousin and Heir, the Earl of March, who was slain by the Irish as aforesaid: He left the Government of England in the Hands of his Ʋnkle, the Duke of York: And on the first Day of June
Richard, 1399. King of England, landed at Waterford with a good Army, which he marched to Dublin, through the wast Countries of Murroughs, Kinshelaghs, Cavenaghs, Birns and Tooles; but the Army was much distressed for want of Victuals and Carriages in those Deserts, so that he performed no memorable Exploit, save that he cut and cleared the Paces in the Cavenaghs Country, and knighted Henry (the Duke of Lancaster's Son, afterwards Henry V) for his briskness against the Irish.
On the sixth of June, being the Friday after the King's arrival, Jenico de Artois, his faithful Gascoign, slew two hundred Irish at Ford, in Kenlis, in the County of Kildare: And the next Day the Citizens of Dublin made Incursions into Wicklow, and killed thirty three Irishmen and took eighty Prisoners: And on the twenty sixth of June the King came to Dublin, and received the Submission of many Irish Lords: But whilst he was consulting how to proceed, he received the unwelcome News of the Duke of Lancaster's Progress in England; whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym; and though he sent the Earl of Salisbury before him to gather an Army in Wales, yet the King followed after so slowly, that the Army was disperst before he arrived in England; with which Misfortune his Courage fell, so that on Michaelmass day he tamely surrendred the Crown, and gave a just occasion for this true Remark,Baker, 152. That never any Man who had used a Kingdom with such Violence, gave it over with such Patience. He was afterwards deposed by Parliament, and several Articles exhibited against him, one of which was, That he forced divers Religious Persons in England to give Horses, Arms and Carts towards the Irish Expedition. And another was, That he carryed into Ireland the Treasure, Reliques and other Jewels of the Crown, which were used to be kept in the King's Coffers from all Hazard.
[Page 142] The King created Edward Plantagenet Earl of Cork, in the twentieth Year of his Reign: And the same Year gave a Licence under the Privy Seal, to William Lord Courcy to buy a Ship to pass and repass to and from England.
And in this Reign happened this famous Case, One Thomas (a Clerk in England) obtained a Judgment at Westminster against Robert Wickford, afterwards Archbishop of Dublin; and upon Affidavit, That the Defendant lived in Ireland, and had Goods and Lands there; and the Sheriffs Return, That he had no Lands nor Goods in England, the Plaintiff had a Writ against the said Archbishop, in haec verba.
IDeo vobis mandamus quod de terris & catallis ejusdem Roberti,Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict. decem libras, & illas habeatis coram, &c.
This Archbishop died anno 1390, so that this Writ must issue before that time.
THE REIGN OF HENRY IV. King of England, &c. And LORD of IRELAND.
HENRY, Duke of Lancaster, eldest Son of the famous John of Gaunt, fourth Son of King Edward the Third, upon the Resignation of King Richard, procured him to be deposed in Parliament, and himself to be elected King, and the Crown to be entailed on him and the Heirs of his Body: His Claim was, as Heir to Henry III; but finding that Pretence was Ridiculous, because there were others of the same Lineage before him in the Pedigree; and it was notorious, That the Right of Succession was in Ann, Daughter of Roger Mortimer, Earl of March, Son of Philippa, Daughter of Lionel Duke of Clarence, third Son of King Edward III. and accordingly her Grand-son afterwards possest the Kingdoms by the Name of Edward IV. And also finding that it was more vain to claim by Conquest, when there was no fighting, he was at last forced to rely on the Consent and Election of the People▪ which was the Title his Embassadors insisted upon, in the Courts of Foreign Princes.
[Page 144] Thus was the Foundation laid of those tedious and bloody Wars, that afterwards ensued between the Houses of York and Lancaster, commonly distinguished by the Appellations of the Red-Rose and the White, that being the cognizance of the House of Lancaster, and this the Badge of the Family of York.
This King was crowned on the thirteenth Day of October, anno Dom. 1399.1399. and Ireland was committed to the Care of
Sir John Stanly, 1399. Lord Lieutenant, who came over thither,Cotton's Records, 390. on the tenth Day of December. In his time the King obtained a Subsidy in England, for three Years, to provide for the Affairs of Ireland, &c. And about Whitsontide the Constable of Dublin-Castle and others, near Strangford in Ʋlster, encountred the Scots at Sea,1400. but with very ill Success, for many Englishmen were there slain and drowned.
About this time the Town of Kilkenny was walled by Robert Talbot: 1401. And about May the Lord Lieutenant repaired to England, leaving his Brother
Sir William Stanly, Lord Deputy, who on the twenty third Day of August surrendred unto
Stephen Scroop, Lord Deputy to the King's Son, (Thomas Duke of Lancaster) who it seems came over only to provide and prepare for the Reception of
Thomas Duke of Lancaster, Seneschal of England and Lord Lieutenant of Ireland, who landed on S. Bines-Day. And on the fifth of July, John Drake, Mayor of Dublin, with a Band of Citizens, encountred and defeated four thousand Irish Outlaws, near Bray, in the Borders of Wicklow, and slew four hundred ninety three of their best Men.
This Lord Lieutenant held a Parliament in Dublin, 1402. in September; during which, Sir Bartholomew Verdon, James White, Christopher White and Stephen Gernon, slew John Dowdal Sheriff of Louth in Ʋrgile, and committed sundry other Felonies and Robberies, for which they were Outlawed, and their Estates disposed of by Custodiam;Cotton's Records, 431. but afterwards the King pardoned them their Lives, and restored them their Estates, during their respective Lives only.
In October Daniel O Birne, Lib. D. for him and his Sept or Nation, submitted to the Lord Lieutenant, and promised Allegiance and good Behaviour; and to manifest his Sincerity, he granted to the King the Castle of Mackenigan with the Apurtenances: And on the thirteenth of December the Lord Lieutenant (by Indenture) set the Ferny in the County of Louth (except the King's Castle) to Aghy mac Mahon for Life,Davis, 48, at the Rent of ten Pound per Annum; and Mac Mahon covenanted to be a good Subject: And in February following O Reyly covenanted with the Lord Lieutenant, and also [Page 145] swore to perform to the King, during the minority of Mortimer, all the Covenants he was obliged to perform to Roger Mortimer, Earl of March and Ʋlster.
In May Sir Walter Betterly, Steward of Ʋlster, 1403. and thirty English were all slain: And on the eleventh of November following, the Duke returned to England, and left
Sir Stephen Scroop Lord Deputy;1404. who on the twenty sixth Day of October resigned to
James Earl of Ormond. 1405. Lord Justice; who in April 1405 held a Parliament at Dublin, and there the Statutes of Dublin and Kilkenny were confirmed, as also the Charter of Ireland: And this good Act was followed by good Success, for in May two Scotch Barks were taken near Greencastle, and another near Dalkye, with their Captain Macgolagh: Moreover the Merchants of Droghedae made Incursion into Scotland, and brought thence both Pledges and Preys: And the Dublinians also entred Scotland at S. Ninian, and behaved themselves valiantly: They also did the Welsh much harm, and brought from thence the Shrine of S. Cubins, which they placed in Christ-Church, Dublin: However, the Irish burnt Oghgard, and on the sixth of September the Lord Justice died at Gauran, and was succeeded by
Girald Earl of Kildare; 1406. who probably was chosen Lord Justice by the Council. In his time the Dublinians and their Neighbours, on Corpus Christi-Day vanquished the Irish Enemies, and took three Ensigns, and brought to Dublin the Heads of those they had slain. And the Prior of Conal had as good Success in the Plains of Kildare, for with twenty Englishmen he defeated two hundred Irish, and killed many of them. But after Michaelmas came over
Sir Stephen Scroop, Lord Deputy: He held a Parliament at Dublin in January, which (in the Lent after) ended at Trim: And about the latter end of February Meyler Birmingham slew Cathol O Connor.
About May the Lord Deputy,1407. (accompanied with the Earls of Ormond and Desmond, the Prior of Kilmainham, and other Captains and Gentlemen of Meath) set out from Dublin, and invaded the Territory of Mac Morough; at first the Irish had the better, but at length the Constancy and Resolution of the English prevailed, and O Nolan and his Son, and others were taken Prisoners; and after this was done, they marched speedily to Calan, in the County of Kikenny, upon some Intelligence they had of the Rebels being thereabout, and they so surprized them, that the whole Party was routed, and O Carol and eight hundred Men slain upon the Place. But in [Page 146] June the Lord Deputy went to England, and the Nobility and Council elected
James Earl of Ormond, Lord Justice: In whose time a barbarous Tory called Mac Gilmore (who is reported to have destroyed forty Churches, and was never Christened) had taken Prisoner Patrick Savage, a Gentleman of great Esteem in Ʋlster; they agreed upon his Ransome to be two thousand Marks, and his Brother Richard was to become Hostage for it: But this Subtle Barbarian managed the matter so, that he received the Ransome, according to Agreement, and afterwards he murdered both the Brethren.
This Lord Justice held a Parliament at Dublin, 1408. which confirmed the Statutes of Dublin, and Kilkenny, and also the Statute against Purveyors. And on the second of August
Thomas Duke of Lancaster came over Lord Lieutenant: It seems that the Terms on which he undertook the Government were these:
First,Lib. G. He was to hold the Place for seven Years.
Secondly, He was to have five hundred Men at Arms and one thousand Archers for three Years.
Thirdly, To have a Years Pay in Hand, and afterwards to be paid every half Year.
Fourthly, One thousand Marks per annum for himself, and to be paid the Charge of Transportation to and from England.
Fifthly, That a certain Fund be appointed for their Pay.
Sixthly, That at the King's Charge he might have a Family or two out of every Parish in England to inhabit Ireland.
Seventhly, To have Power of granting Benefices, and of making a Deputy. And,
Lastly, That the Demesnes of the Crown may be resumed, and the Acts of Absentees may be executed.
The Lord Lieutenant (within a Week after he came to Dublin) caused the Earl of Kildare, and three of his Family, to be arrested, and suffered the Earls Goods to be rifled and spoiled by the Duke's Servants, and kept the Earl himself in Prison, in Dublin Castle, until he paid three hundred Marks.
It is recorded that the Lord Lieutenant was desperately wounded in an Encounter at Kilmainham, and hardly escaped with Life, but it is not mentioned how nor by [Page 147] whom: but it seems he design'd to revenge it, and to make a general Hosting; for he made Proclamation that all such as ought by their Tenures to serve the King, should assemble together at Ross: He also held a Parliament at Kilkenny, for a Tallage to be granted; but what Success he had in these Assemblies, is not so manifest, as it is that he went to England on the 13th of March, leaving
Thomas Butler, 1409. Prior of Kilmainham, his Deputy, in whose time, the King gave the Sword to the City of Dublin, and changed their PROVOST into a MAYOR; and not long after, the Barbarous Mac Gilmore being routed, and pursued by the Savages, fled to the Church of the Friers Minors at Carigfergus, which he had formerly defaced; but they got into the Windows, whence this Tory had formerly taken the Iron Bars, and there they put an end to his Villany and his Life.
In Ʋlster, Jenico de Artois, the famous Gascoigne, behaved himself briskly, and slew eighty of the Rebels in a Skirmish he had with them.
But on the twenty first of May (or rather the thirteenth of June) the Parliament began at Dublin, 1410. and made it Treason to take Coyn and Livery;Lib. D. and on the tenth of July the Lord Justice took the Castles of Mibraclide in Offerol, and De-la-mare.
It seems he proceeded to invade O Birns Country, with fifteen hundred Kerns, or Irish Souldiers; and the Consequence was, that they betrayed him, and half of them went over to the Enemy; so that it had gone hard with the Lord Justice, if the Power of Dublin had not been there; and yet he escaped not without loss, for John Derpatrick was there slain.
The next Year was probably more quiet;1411. for there is nothing recorded of it, except some considerable Marriages amongst the Grandees.
On the tenth of April, 1412. O Connor did much Mischief in Meath, and took an hundred and forty English; and O Tool and Thomas Fitz-Maurice Sheriss of Limerick, kill'd each other in a Duel.
About this time the King granted the Town and Ferry of Inishonan, Lib. G. to Philip de Barry; and it is to be noted, that almost in every Parliament holden in England, during this Reign, the danger of Ireland is remembred, although very little was done for it, because of the frequent Troubles in England; and so we come to the 20th day of March, on which the King died, at the Abbot of Westminster's House, in the fourteen [...]h Year of his Reign, and of his Age the forty seventh. He died so very poor, that his Executors refused to administer, [Page 148] and therefore the Archbishop of Canterbury (who is Ordinary to the Court where-ever it is) exposed the Kings Goods to Sale, and King Henry the Fifth bought them, for the value to be paid the Executors, to be disposed of according to his Fathers Will;Rolls Abr. 906. but it seems he never paid the Money; for it was afterwards ordained in Parliament,4 Inst. 335, that the Executors should not be sued by the Creditors.
The Bishop of Meath is said to have been Lord Justice, about the Year 1402. But because I do find him omitted by others, and do not find that he did any thing worth mention, I have therefore not inserted him as Lord Justice in Order.
THE REIGN OF HENRY V. King of England, &c. And LORD of IRELAND.
HENRY the Fifth succeeded his Father without any opposition, and all the Nobility (taking it then for a Law, that the Crown belonged to the Heir of him that died last seized) swore Homage and Allegiance to him before Coronation;1412. which was not usual in those days; but this Magnanimous Prince was so taken up with Designs against France, that Ireland was but little regarded in his Reign: For the present He continued in the Government
Thomas, 1413. Prior of Kilmainham, who did not long remain therein, before he surrendred unto
Sir John Stanly, Lord Lieutenant; he Landed at Clantarf the 7th of October, and on the 6th of January after, died at Ardee; whereupon, on the 11th of February, the Nobility elected
Thomas Crawly, Lord Justice; He was twice Chancellor, and then Archbishop of Dublin, and was a Man of fingular Piety and Learning; and it is to be noted, That the Parliament [Page 150] sate at Dublin the 26th of February (so that it could not have above fifteen days of Summons, though the Day of the Lord Justice his Admittance to the Government, and the Day of the Session be included) the Irish burnt the Pale, during this Parliament, as they used to do, and therefore a Tax or Tallage was demanded, but not granted; and so that Parliament was dissolved, after it had sate fifteen Days.
However,1414. the valiant Jenico de Artois invaded the Territory of Macgenis, but was so unfortunate to lose many of his Men at Inor; whereupon the Irish grew so insolent, that the Lord Justice was necessitated to go out in person: However, he went no farther than Castledermond, and there (entrusting the Army with the Military men) he remained with his Clergy in Procession, and at Prayers for the Success of his small Army; and the Event answered his expectation; for the English slew an hundred of the Irish near Kilkea; but that small Victory was soon over-ballanced by a Defeat, which the English of Meath received from O Connor, on the 10th of May, to the Loss of Tho. Maureverar, Baron of Shrine, and many others, and to the imprisonment of Christopher Fleming and John Dardis. This Loss discovered the necessity of sending a Martial Man to the Government of Ireland, and therefore on the 10th day of September
Sir John Talbot, Lord Furnival, Lord Lieutenant, Landed at Dalkye, and immediately made a Circular Progress round the Pale in warlike manner: He began with the Birns, Tools, and Cavenaghs on the South, and so passing to the O Moors, O Connors, and O Ferrals in the West, and ending with the O Relyes, Mac Mahons, O Neals and O Hanlons in the North; he brought them all to the Kings Peace; but he brought no Forces with him out of England; and therefore though he had Strength enough to make them seek Peace, yet he was in no wise able to reduce them to the Obedience of Subjects, or enlarge the Limits of the Pale; however what he did, was held so considerable, that the Lords and Gentlemen of the Pale made Certificate of this great Service in French, to the King: Nevertheless the Army was so ill paid in this March, that the Subject suffered more from the Cess of the Souldier, than they gained by this small and temporary mortification of the Irish; and this was the common Calamity from hence forward; so that Necessity revived Coyn and Livery again by degrees, notwithstanding that it remained Treason by Act of Parliament.
In August the Parliament met at Dublin, 1415. and sate six weeks, during which time, the Irish followed their usual Course of falling upon the English, and killed Thomas Ballymore of Ballyquelan, and many others; and on the 22th day of October, [Page 151] the King obtained a most glorious and entire Victory over the French, at the Battel of Agincourt.
But the Parliament was adjourned to Trym, 1416. and there it sate on the 11th of May, and continued seven days, and gave the King a Subsidy of four hundred Marks in Money; and the next year the Prior of Kilmainham with sixteen hundred Irish went to aid the King in France; 1417. they Landed at Harslew in Normandy, and did the King very good Service.
But I should have remembred, That the King and Parliament at Westminster, anno 1413. did Enact, That for the Peace and Quietness of England, and for the encrease and enstoring of Ireland, That all Irishmen, Irish Clerks, Beggars, and Chamberdekins, be voided out of England before All-Saints next,Lib. M. except Graduates in Schools, Sergeants and Apprentices at Law, and such as be Inheritors in England, and Religious Persons professed, and Merchants of good Name, and Apprentices now dwelling in England, and those whom the King will dispense with, and that all Irishmen, who have Offices or Benefices in Ireland, shall dwell in Ireland, for the defence of the Land.
And now 4 Hen. 5.Lib. M. It was likewise Enacted in England, that all Archbishops, Bishops, Abbots and Priors, of the Irish Nation, Rebels to the King, that shall make any Collation, or Presentment to Benefices in Ireland, or bring with them any Irish Rebels, among the Englishmen, to the Parliament, Councils, or other Assemblies, within the same Land, to know the Privities or States of the Englishmen, their Temporalities shall be seized, till they fine to the King, and that the Governors of Ireland be defended, and restrained, to grant such Benefices or Pardons, in the case, to Irish Persons, not English, and that such Licenses shall be void.
There is very little recorded of the Year 1418,1418. and it is scarce worth mentioning, That the Lord Lieutenant did spoil the Tenants of Henry Crus and Henry Bethel, probably for some Misdemeanor by them committed against the Government.
But the Year 1419.1419. will afford us more Matter; for on the last Day of May, the Lord Lieutenant (accompanied by the Archbishop and Mayor of Dublin) razed the Castle of Kenun, having a little before in the same Month, taken Prisoner Mac Morough, the chief Captain of his Nation, and on the 20th of June, the Lord William de Burgh took O Kelly, and slow five hundred Irish in Connaught; but the Lord Lieutenant was sent for to England, and substituted his Brother
Richard Talbot, Archbishop of Dublin, Lord Justice (or Deputy.) He held a Royal Council (i. e. a Parliament) at [Page 152] the Naas, which gave a Subsidy of three hundred Marks.
On Maundy-Thursday, O Tool took four hundred Kine from Ballymore, and so broke the Peace, contrary to his Oath; but it fared worse with the Irish at Rodiston, where thirty of them were slain by the English, under the Command of the Lord Justice; but on the 4th day of April, Landed at Waterford
James, 1420. Earl of Ormond, Lord Lieutenant: His Commission is very large, and beareth Date the 10th of Febr. 7 Hen. 5. and is to be seen, Pryn 412. He held a Council at Dublin, the 23th of April, and summoned a Parliament to meet the 7th of June; which did accordingly then meet, and sate sixteen days, and gave the King a Subsidy of seven hundred Marks, and adjourned to Monday after S. Andrews Day; and at that Session, they gave another Subsidy of three hundred Marks, and the publick Debts contracted by the Lord Talbot, were paid; and then they were Adjourned to the Monday after S. Ambrose's Day.
But it will be convenient to shew the Reader who paid these Subsidies, and what their respective Proportions were; and thereby he will perceive the vast Alteration (for the better) that is made in the State of Ireland since those Days: This Subsidy was called Tertium Subsidium, and was applotted thus;Lib. CCC.
| Lib. | s. | d. | |
| The Clergy of the County of Wexford, | 13 | 06 | 08 |
| The Commons of Kildare, | 34 | 10 | 05 |
| The Clergy of Kildare, | 04 | 02 | 10 |
| Commons of Typerary, | 08 | 11 | 04 |
| Clergy of Cashel, | 00 | 19 | 04 |
| Commons of Limerick, | 02 | 03 | 00 |
| Clergy of Limerick, | 00 | 08 | 01 |
| Kingsale, | 01 | 16 | 08 |
| Mar. | s. | d. | |
| Meath Liberty, | 83 | 00 | 00 |
| Clergy of Meath, | 40 | 00 | 00 |
| Clergy of Dublin, | 11 | 11 | 08 |
| Drogehda, | 04 | 03 | 00 |
| Commons of Carlow, | 04 | 01 | 04 |
| Clergy of Ossory, | 02 | 00 | 11 |
| Commons of Kilkenny, | 18 | 05 | 11 |
| Commons of Louth, | 25 | 12 | 05 |
| Clergy of Ardes, | 08 | 08 | 09 |
| Commons of Dublin, | 40 | 10 | 00 |
| City of Dublin, | 06 | 10 | 00 |
| Clergy Cathedral of Dublin, | 11 | 11 | 08 |
| Cork, | 02 | 02 | 00 |
[Page 153] On the 28th of October, Thomas Fitz-Girald took Colmolin Castle, and the Parliament met again according to Adjournment, on Monday after S. Ambrose's Day, and ordered, that the Archbishop of Armagh, Sir Christopher Preston, and others, should go Commissioners to the King, to desire a Reformation of the State of the Land.
At this Parliament John Gese Bishop of Lismore and Waterford, accused Richard O Hedian, Archbishop of Cashel, of Thirty Articles; the Principal of which were,
First,Ware de Praesul. 170. That he loved none of the English Nation, nor gave any Benefice to any Englishman, and that he counselled other Bishops to do the like.
Secondly, That he had counterfeited the Great Seal.
Thirdly, That he designed to make himself King of Munster.
Fourthly, That he had taken a Ring from the Image of S. Patrick (which the Earl of Desmond had offered) and gave it to his Concubine, &c.
There was also a Contest between Adam Pory, Bishop of Cloyne, and another Bishop; but it is probable that the former Accusation was suppressed, because we find no farther Proceedings upon them; and because the Archbishop seems to have been a more generous sort of Man; for he not only repaired the Cathedral of Cashel, and a Mansion-House or two, for his Successors, but also was otherwise a great Benefactor to that See, and liberal to Pious Uses; and the later Contest was transmitted to Rome.
But we should return to the Lord Justice,1422. whose Servants were, on the Seventh of May attacked and defeated by the Irish; Purcel Grant, and five and twenty English more were slain, and ten taken Prisoners, and two hundred escaped to the Abby of Leix; and to revenge this, the Lord Justice invaded O Mores Country, and defeated his terrible Army in the red Bog of Asby; he relieved his own Men, and burnt and preyed the Rebels Lands for four days, until themselves came and sued for Peace. And it seems O Dempsy, notwithstanding his Oath of Obedience, invaded the Pale, and took the Castle of Ley from the Earl of Kildare, which the Lord Justice had justly restored to the Earl; whereupon Campion makes a severe Remark on the Irish; That notwithstanding their Oaths and their Pledges, they are no longer true, than they feel themselves the weaker.
[Page 154] In the mean time, Mac Mahon play'd the Devil in Ʋrgile, and burnt and spoil'd all before him;Camp. 97. but the Lord Justice also revenged that Prank, and forced Mac Mahon to submit; and many other Noble Exploits did this good Governor; for whose Success the Clergy of Dublin went twice every week in solemn Procession, praying for his Victory over those disordered Persons, which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life, and repined at the English.
And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG. 24. at Lambeth, whereby this Earl of Ormond constituted James Fitz-Girald, Earl of Desmond, his Seneschal of the Baronies (or Signiories) of Imokilly Inchicoin, and the Town of Youghal, during his Life, I have no more to add, but that this Victorious King, after he had conquered France, submitted to the common Fate on the last Day of August 1422, in the Flower of his Age, and the Tenth Year of his Reign.
THE REIGN OF HENRY VI. King of England, &c. And LORD of IRELAND.
HENRY the Sixth, was but nine Months old at the Death of his Illustrious Father,1422. and therefore the deceased King had (by his last Will) appointed John Duke of Bedford to be Regent of France, Humphry Duke of Glocester to be Governour of England, and Thomas Duke of Excester and Henry Bishop of Winchester, to be Guardians of the Young King's Person: All which was duly observed, and the Infant King was proclaimed in Paris, and the Nobility that were there swore Allegiance to him.
James Earl of Ormond continued Lord Lieutenant of Ireland, and upon a Petition preferred by the House of Commons, to the King, about the manifold Murders, Robberies, Rapes, Riots, and other Misdemeanours, committed by the Irish in England, Lib. M. it was enacted there, That all Persons born in Ireland, should quit England within a time limited; except Graduates in either University, Clergymen beneficed, those that have Land in England, or are married there, or those [Page 156] whose Parents are English; and even such are to give Security of their good Behaviour. And not long after, came over
Edmond Mortimer, 1422. Earl of March and Ʋlster, Lord Lieutenant: He died afterwards of the Plague, at the Castle of Trym, which was his own Inheritance: And in his stead came
John Lord Talbot, 1425. Lord Justice. In whose time the Barretts (a Family of good account near Cork) did by Indenture covenant to be obedient to the Earl of Desmond, who was exceeding Powerful, and lorded it over great part of Munster, with a high Hand. This Governour resigned to
James Earl of Ormond, 1426. Lord Justice: In whose time John Duke of Bedford, 4 Instit. 360. Regent of France, obtained a Patent for all the Mines of Gold and Silver within England, Ireland, &c. rendring to the Church the tenth Part, to the King the fifteenth Part, and to the Owner of the Soil the twentieth part. And then
Sir John de Gray, 1427. Lord Lieutenant, landed at Ho [...]th the thirty first of July, and was sworn the next Day, but no mention is made of any thing he did; but that he went for England, and left
Edward Dantzy Bishop of Meath, 1428. his Deputy: He was for a time Treasurer of Ireland, and dyed the fourth of January, 1428. Upon Notice whereof
Sir John Sutton, Lord Dudly, was sent over Lord Lieutenant: He held a Parliament in Dublin, Friday next after the Feast of All Saints; 1429. at which it was enacted, That the Sheriff, upon Pain of Amercement, should add to the Panel of Jurors, the Place, Estate and Mistery of every Juror. And in the Preamble to this Act the Lord Lieutenant is Styled, The Right Noble and Right Gracious Lord. And on the sixth of the same November, the King was crowned at Westminster: And soon after the Lord Lieutenant returned, and left
Sir Thomas Strange, 1429. Lord Deputy, in whose time the King was crowned at Paris, 1431. and took the Oaths and Homage of the Nobility and People there.
And now happened the famous Case of the Prior of Lanthony, which was, That a Judgment in the Common Pleas being removed to the Irish Parliament, was affirmed there; Whereupon a Writ of Error was sent from England, but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland, to reverse it: And therefore the Prior petitions the King, That the Record may be transmitted to the House of Lords, in England, to be examined there.
[Page 157] Sir Thomas Stanly was made Lord Lieutenant of Ireland; 1432. and it seems that he called a Parliament, which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England, leaving
Sir Christopher Plunket Lord Deputy;1432. he was afterwards Baron of Killine, in Right of his Wife, Heir of the Cusacks, and his second Son became Baron of Dunsany. But,
Sir Thomas Stanly, 1435. Lord Lieutenant, returned, and gave a Check to the Irish, who were insolent beyond Measure, and incroaching everywhere on the Pale, making the best Advantage of the King's Minority, and the Absence of the Military Men in France; but the Lord Lieutenant, with the Power of Meath and Ʋriel, took Moyle O Donel Prisoner, and slew a great many of the Irish. And afterwards (about Michaelmas) he went again to England, and left
Richard Talbot Archbishop of Dublin, 1436. (Brother to the Earl of Shrewsbury) Lord Deputy; he was sometime Lord Chancellor of Ireland, and was elected Primate of Armagh; but he refused to change his Bishoprick.
Lion Lord Wells, 1438. Lord Lieutenant, in whose time a second Law was made in England, Lib. M. obliging the Irishmen to return into their Native Country. And another Statute was made in Ireland, to stop the Passage of any more into England. And on the twelfth of June, 17 Hen. 6. Robert Fitz-Geofry Cogan, granted all his Lands in Ireland (being half the Kingdom of Cork) to James Earl of Desmond, and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore, Lib. G. Downdrinane, alias Castlemore, Rathgogan, Bever, Shandon, Dofglass, Ocorbelethan, Kyrricurry, &c. and though it is manifest, by innumerable Records, That the Kingdom of Cork did by the Heirs General descend to Carew and Courcy, who are charged in the Exchequer for the Crown-Rent of it for many Years, viz. sixty Pound a piece per annum; yet this Conveyance from Cogan (the Heir-Mail) was Pretence enough in those Times, for the powerful Earl of Desmond to seize on that great Estate.
Richard Talbot, 1440. Archbishop of Dublin, was again Lord Justice, and held a Parliament at Dublin, Friday after the Feast of S. Dunstan; at which it was enacted,
I. That no Purveyor or Harbenger should take any thing without Payment: And if he did the Proprietor might resist.
II. That Comrick, or Protection of Tories be Treason.
III. That charging the Kings Subjects with Horse or Foot, without Consent, is Treason.
IV. That the Party who desires a Protection, (cum clausa Volumus) shall make Oath in Chancery of the Truth of his Suggestion, &c.
[Page 158] But to make Provision for War,Davis, 52. in lieu of the former Exactions, it was enacted, That every twenty Pound-worth of Land should be charged with the furnishing and maintaining an Archer on Horseback. This Lord Justice resigned to
James Ea [...]l of Ormond, Lord Lieutenant; who the same Year surrendred to
Lion Lord Wells, Lord Lieutenant; who probably did not come to Ireland, but deputed
James Earl of Ormond, Ware, de Praesulibus, 170. Lord Deputy: He had the Temporalities of the See of Cashel granted to him for ten Years, after the Death of O Hedian, and kept the Government of Ireland, until
William Wells, 1442. Esq was made Lord Deputy (to his Brother the Lord Wells). Ibid. 115. In his time a Parliament was held at Dublin, which sent Richard Talbot, Archbishop of Dublin, and John White, Abbot of S. Maries, to the King, to represent the Miserable Estate and Condition of Ireland, whereby the Publick Revenue was reduced so low,Lib▪ G. that it was less than the necessary Charge of keeping the Kingdom by one thousand four hundred and fifty six Pounds per annum: And soon after
James Earl of Ormond was made Lord Lieutenant;1443. and 23 Hen. 6. obtained a Licence to be absent for many Years, without incurring the Penalty of the Statute of 3 Rich. 2. of Absentees; and to him a Writ was sent, 20 H. 6. to eject John Cornwalsh, and to place Michael Griffin, Chief Baron, in his room, because the King had granted him that Office for Life, though the other had a prior Patent from Ormond. This Lord Lieutenant was a fast Friend to the Earl of Desmond, who probably was of his Faction, against the Talbots, between whom and the Butlers the Feud was so great, so general, and so violent, that no Justice could be had, or any business done for a long time, because either Party (as it got Advantage) oppressed the other,23 Hen. 6. in Turri London. pars 2. m. 12. to the utmost degree. It was about this time that James, Earl of Desmond obtained a Patent for the Government or Custody of the Counties of Waterford, Cork, Limerick and Kerry. And not long after, for his good Service, in keeping those Counties in Peace; and upon Pretence that he could not conveniently be absent from that Charge; and that it was dangerous for a Man (so hated by the King's Enemies as he pretended to be) to travail to Dublin, he obtained a Licence, To absent himself, during Life, from all future Parliaments, sending a sufficient Proxy in his stead: And also to purchase any Lands he pleased, by whatsoever Service they were holden of the King. And this is the true Foundation and all the Grounds of that fantastical Privilege, claimed by the succeeding Earls of Desmond, Of not coming into [Page 159] walled Towns, nor to Parliament, but when they please: And since that time this Example has been so infectious, that it is no strange thing in Ireland, to find a Tenant at Will pretend a Title, and a Lessee to claim an Inheritance, and he that has a Right to something, confidently to usurp more.
But the Faction of the Talbots began to get Ground among the People, it being in the nature of Mankind to be mutinous against an uneasie Government, be the Fault where it will, for the Multitude consider what they feel, and cannot penetrate into the Cause or Cure of their Grievances; and therefore they naturally fall upon the most obvious Remedy, which is the change of the Governour.
In order to remove the Lord Lieutenant, some of the Lords and more of the Commons, petitioned the King, seting forth, That the Earl of Ormond was old and feeble, and had lost many of his own Castles for want of Defence, and therefore was not likely to maintain, much less enlarge the King's Possessions in Ireland. Secondly, That he made such of his Irish Servants Knights of Shires, as would not consent to any good Law; and that he dispensed with the Absence of the Lords from Parliament, for Mony. Thirdly, That he sent several Subjects Prisoners to O Dempsy's Castle, and forced them to pay Ransom.Lib. M. And therefore they desired he might be superseded, and at length prevailed to have it so, although the Bishop of Cork and Cloyne, the Dean and Chapter of Cork, the Corporations of Cork and Youghal, the Lords Barry, Roch, and others, gave a full Testimonial of the great Services the Earl of Ormond had done. And,
John Talbot, 1446. Earl of Shrewsbury, was not only made Lord Lieutenant, but also on the seventeenth of July, 24 Hen. 6. the King granted to him the City and County of Waterford, and the Dignity and Stile of Earl of Waterford, together with Jura Regalia, Wreck, &c. from Youghal to Waterford, because that Country is wast, Et non ad pro [...]icuum, sed ad perditum nostrum redundat. And the Patent is, Per breve de Privato Sigillo, authoritate Parliamenti.
This Lord Lieutenant held a Parliament at Trim, 1447. on Friday after the Epiphany; at which it was enacted,
I. That any Officer may travail by Sea from one Part of Ireland to another, without forfeiture, or any where with Licence.
II. That no Toll or Customs shall be taken in High-ways, but only in Cities and Towns, according to Right, on Pain of paying twenty Shillings for every Peny.
III. Every Man must keep his Upper-Lip shaved,Repealed, 11▪ Car. 1. cap. 6▪ or else may be used as an Irish Enemy.
[Page 160] IV. If any Irishman that is denized,Repeal. ibid. kill or rob, he may be used as an Irish Enemy, and slain (by this Act appears the Inconvenience of those Denizations).
V. Against unlawful coyn,Repeal. ibid. O Reyly's Mony, clipt Mony, and gilt Harness or Armour.
VI. That the Sons of Husbandmen and Labourers shall follow their Fathers Calling or Occupation.
VII. That Lords of Parliament, in Pleas Real or Personal, shall not be amerced more than others.
VIII. To discourage the Transportation of Bullion, the King shall have twelve Pence Custome out of every Ounce.
Upon his Return to England the Lord Lieutenant accused the Earl of Ormond of Treason,Burlace, 78. before the Duke of Bedford, Constable of England, in the Marshal's Cou [...]t; but the King abolished the Accusation.
Richard Talbot, 1447. Archbishop of Dublin, Lord Deputy, he wrote a Tract, de Abusu Regiminis Jacobi Comitis Ormondiae, dum Hiberniae esset locum tenens. Ca [...]ton chron. And it seems Thomas Fitz-Thomas, Prior of Kilmainham, was on the Archbishops side, for he accused the Earl of Ormond of Treason, and the Combat was appointed between them, at Smithfield, in London; but the King did interpose and prevent it.
Hitherto the English had made but a bordering War in Ireland, and that it self but very unluckily; and the small Army that was kept on foot was ill paid; and therefore more hurtful to the Subject by their Oppression than to the Enemy by their Valour; so that it was necessary to send some great Man thither, and no Body so fit for it as
Richard Duke of York, Earl of Ʋlster, March, Rutland and Cork, Lord of Conagh, Clare, Trim and Meath; for besides his Quality and Valour, he had a great Estate in that Kingdom; and it answered another Design of the Cardinal of Winchester, (who did then in effect govern England) which was, to remove this Duke from the Regency of France, to make room for the Duke of Somerset; and so he was made Lord Lieutenant of Ireland, 1449. and landed at Hoath the fifth of July, 1449.
But the Duke of York, who fathomed their Designs, and had other Intrigues of his own, would not accept of the Government of Ireland, Davis, 51. but upon very advantagious Conditions, which were reduced to Writing by Indenture, betwixt the King and him, and are recorded by Act of Parliament in Ireland, and were to this effect.
I. That he should be the King's Lieutenant in Ireland for ten Years.
[Page 161] II. That to support the Charge of that Country, he should receive the whole Revenue certain and casual, without Account.
III. That he should be supplied with Treasure out of England, in this manner, viz. four thousand Marks the first year, whereof he should be imprested two thousand Pounds beforehand; and for the other nine years he should receive two thousand Pounds per annum.
IV. That he might let the Kings Lands to Farm, and place and displace all Officers at his Pleasure.
V. That he might Levy and Wage what Number of Souldiers he thought fit.
VI. That he might make a Deputy, and return at his Pleasure.
I do not find that this Lord brought over any considerable Forces with him, or that he was able to keep any such on foot here, not only because his Allowance was but small, but also because that small Allowance was ill paid, as appears by his passionate Letter to his Brother-in Law the Earl of Salisbury; which is to be found Registred by Mr. Campion, pag. 99.
At his first coming,1450. the Irish were very insolent; but he won upon them strangely,Lib. M. partly by force, and partly by their own Art of Wheedling: He held a Parliament at Dublin in October, Friday before S. Lukes Day, and the Bishops of Leighlin, Ossory, Down and Limerick were fined for not coming to it: This Parliament Enacted many good Laws, viz.
1. That no Marcher or other keep more Horsemen or Foot than they can maintain, and will answer for; and that they give in a List of their Names to the Sheriff, &c.
2. It suppresseth Coynees,Rep. 11. Car. 1. c. 6. Cuddies and Night-suppers; and well sets forth the Grievances of those Times.
3. That the Accuser shall give Security to pay the Damages of the Defendant, if the Impeachment be found untrue.
4. That every man may kill Robbers and notorious Thieves, and shall have a Penny out of every Plow-land, and a Farthing from every Cottage, for his Reward.
5. That the great Officers of the Kingdom shall not give Protections to any other than their Menial Officers and Attendants.
This Lord Lieutenant also held another Parliament at Drogheda, in April, on Friday before S. Mark's Day; which Enacted,
[Page 162] 1. That if the Remembrancer issue Process against any body that is discharg'd on Record in the Exchequer, he shall forfeit his Office, and treble Damage.
2. That the Chancellor, Treasurer and Judges, or one of them, be present at all Commissions of Oyer and Terminer, in the Counties of Dublin, Kildare, Meath, and Ʋriel.
3. That no body shall sell Liquor but by Sealed Measures.
It seems that some of these Statutes were occasioned by a doleful Letter sent from Cork, which the Irish Historians place in the Reign of Henry the Fourth, and yet direct it to the Earl of Rutland and Cork; and therefore it will be more properly applied to this Time when he was Lord Lieutenant, and follows in haec Verba:
IT may please your Wisdoms to have pity of us,Camp. 94. the Kings poor Subjects within the County of Cork, or else we be cast away for ever; for where there was in this County these Lords by Name, besides Knights, Esquires, Gentlemen and Yeomen, to a great number, that might dispend yearly eight hundred pounds, six hundred pounds, four hundred pounds, two hundred pounds, one hundred pounds, one hundred Marks, twenty pounds, twenty Marks, ten pounds, some more, some less, to a great number, besides these Lords following; First, The Lord Marquess Carew, his yearly Revenues, were, besides Dorsey-Haven and other Creeks, two thousand two hundred pounds sterling. The Lord Barnewale of Bear-haven, his yearly Revenues were, besides Bear-haven, and other Creeks, sixteen hundred pounds sterling. The Lord Uggan of the great Castle, his yearly Revenues were besides Havens and Creeks, one thousand three hundred pounds sterling. The Lord Balram of Emforle, his yearly Revenues were, besides Havens and Creeks, one thousand three hundred pounds sterling. The Lord Courcy of Kilbreton, his yearly Revenues, besides Havens and Creeks, one thousand five hundred pounds sterling. The Lord Mandevil of Barnhely, his yearly Revenues, besides Havens and Creeks, one thousand two hundred pounds sterling. The Lord Arundel of the Strand, his yearly Revenues, besides Havens and Creeks, one thousand five hundred pounds sterling. The Lord Baron of the Guard, his yearly Revenues besides Havens and Creeks, one thousand one hundred pounds sterling. The Lord Sleynie of Baltimore, his yearly Revenue, besides Havens and Creekss, eight hundred pounds sterling.
The Lord Roche of Pool Castle, his yearly Revenues, besides Havens and Creeks, one thousand pounds sterling. The Kings Majesty hath the Lands of the late young Barry by Forfeiture, the yearly Revenues whereof, besides two Rivers and Creeks, and all [Page 163] other Casualties, is one thousand eight hundred pounds sterling. And at the end of this Parliament, your Lordship, with the Kings most Noble Counsel, may come to Cork, and call before you all these Lords and other Irishmen, and bind them in pain of loss of Life, Lands and Goods, that never any of them do make War upon another without Licence or Commandment of you my Lord Deputy, and the Kings Council, for the utter destruction of these parts is that only cause, and once all the Irishmen and the Kings Enemies were driven into a great Vally, called Glanehought, betwixt two great Mountains, called Maccorte or the Leprous Island, and there they lived long and many years, with their White-Meat, till at the last, these English Lords fell at variance among themselves, and then the weakest part took certain Irishmen to take his part, and so vanquished his Enemy; and thus fell the English Lords at variance among themselves, till the Irishmen were stronger than they, and drave them away, and now have the whole Country under them, but that the Lord Roch, the Lord Courcy, and the Lord Barry only remain, with the least part of their Ancestors Possessions, and young Barry is there upon the Kings Portion, paying his Grace never a penny of Rent; wherefore We, the Kings poor Subjects of the City of Cork, Kinsale and Youghal, desire your Lordship to send hither two good Justices, to see this Matter ordered, and some English Captains with twenty Englishmen, that may be Captains over us all; and we will rise with them, to redress these Enormities, all at our own Costs; and if you do not, we be all cast away, and then farewel Munster for ever; and if you will not come nor send, we will send over to our Liege Lord the King, and complain on you all.
However, I will not pretend to be exact in the timing of this Letter.
This Lord Lieutenant had a Son born at Dublin, well known afterwards by the Name of George Duke of Clarence, to whom the Earls of Ormond and Desmond were Godfathers; and thereupon Desmond grew so insolent and haughty, that his Oppressions were the chief Cause of the aforesaid Letter from Cork; but it is probable that the Lord Lieutenant return'd to England, and left
James Earl of Ormond (afterward Earl of Wiltshire, 1451. and Lord Treasurer of England) Lord Deputy; in whose time, Sir John Talbot was made Lord Chancellor of Ireland, and it seems Complaint was made against him, because he put in a Deputy in his room absque Regis licentia: Lib. CCC. This Lord Deputy was made Lord Lieutenant, and went for England, leaving
John Mey, Archbishop of Armagh, Lord Deputy;1453. wherewith [Page 162] [...] [Page 163] [...] [Page 164] the Government of England being dissatisfied, a Writ was sent to the Earl of Ormond, commanding him Quod circa praemissis intenderet. I suppose the Reason might be, because there was a Necessity for the Presence of a Military Governour, of Power and Authority in that Kingdom, to repel the daily Incursions of the Irish into the Pale; and therefore Ormond not being willing to come over, the Government was committed to
Thomas Earl of Kildare, 1454. Lord Deputy, who held it only until the arrival of
Sir Edward Fitz-Eustace, Lord Deputy to the Duke of York: Who held a Parliament in Dublin; at which it was enacted,
I. That all Statutes against Provisors in England or Ireland, should be held in Force.
II. That Inquests before Coroners shall be discharged after a second Verdict, that they do not know the Felon.
III. That no Appeals shall be to England, except for Treason against the King's Person; and in all false Appeals the Plaintif shall pay Damages, and twenty Pound and one hundred Shillings Fine.
In the mean time the Duke of York (in England) obtained a famous Victory over the King's Forces at S. Albans, where the Duke of Somerset was slain, and the King himself was wounded in the Neck, and afterwards on the ninth of July he was made Protector of the King's Person, by Parliament: And in Ireland
Thomas Earl of Kildare was Lord Deputy to the Duke of York, 1455. and held a Parliament at Dublin; wherein it was enacted,
I. That no Exigents nor Outlawries be made by Commissioners.
II. That the Recorder of Dublin and Drogheda, shall have but two Pence for every Plaint.
III. That every Man shall answer for his Sons and waged Men.
IV. An Act about Escheators.
V. That a Parliament should be held every Year.
And he held another Parliament at the Naas, Lib. M. 48. Friday after All Saints; which enacted,
I. That all Strangers pay forty Pence per Pound Custom for transporting Silver.
II. That every Man shall answer for his Sons, except in Cases Capital.
III. That no Person, not amesnable to Law, shall distrain, without Licence, on pain of forfeiting his Title.
And he held another Parliament at Dublin, Friday after the Purification; at which it was established,
[Page 165] I. That Beneficed Persons should reside.
II. That the Inhabitants, to enclose the Village, might remove the High-way forty Perch.
Richard Duke of York, 1459. upon the Revolt of Andrew Trollop and the Callicians, broke up his Army and fled, first to Wales and afterwards to Ireland▪ where he was kindly received, and (by his Deputy the Earl of Kildare▪) he held a Parliament at Dublin, the third of February; which enacted,
That Warrants to the Chancellor bear the Date of the Delivery, and that the Patents be of the same Date, or else be void.
And the same Day twelve month he held another Parliament at Drogheda; 1460. wherein it was enacted,
That no Man should sue in the Exchequer, but a Minister of that Court, on pain of ten Pound.
This Duke and his Abettors were in a Parliament at Coventry declared Traytors; and thereupon the Earl of March came to his Father into Ireland, and soon after returned to Calice, and thence invaded England at Sandwich; and on the ninth of July he fought and defeated the King at Northampton, and took him Prisoner; whereupon the Duke of York went to England, and called a Parliament in the King's Name; and in that Parliament boldly claimed his Title; and so it was enacted, That King Henry should keep the Crown during his Life, and the Duke should be declared Heir apparent, and in case of Opposition or farther Bustle about it, should have present Possession: But not long after the Duke was defeated, and slain at the Battle of Wakefield.
This Duke behaved himself exceeding well in Ireland, he appeased the Tumults there, and erected Castles on the Borders of Louth, Meath and Kildare, to stop the Irish Incursions, and was so well esteemed in that Kingdom, that Multitudes of the Irish Subjects attended him into England, to pursue his Claim to the Crown.
Nevertheless the Publick Revenue was but very low, because the whole Kingdom was in Possession of the Irish, except the Pale, and some few Places on the Sea-Coast in Ʋlster; and even that was so far from being quiet, that they were fain to buy their Peace by yearly Pensions to the Irish, and to pay Tribute and Contributions to them for Protection; which nevertheless was but very ill observed to the English.
It cannot be expected I should give the Reader an exact List of all that did pay this scandalous Contribution,Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with, which is as follows:
- [Page 166]lib.
- The Barony of Lecale to O Neal of Clandeboy, per annum 20
- The County of Ʋriel, to O Neal 40
- The County of Meath, to O Connor 60
- The County of Kildare, to O Connor 20
- The King's Exchequer, to Mac Morough 80 Marks.
- The County of Wexford, to Mac Morough 40
- The Counties of Kilkenny and Typerary, to O Carol 40
- The County of Limerick, to O B [...]an 40
- The County of Cork, to Mac Carty of Muskry 40
And whilst the English were engaged in England, the Irish advantaged themselves of the Opportunity; and without Colour of Right usurped many considerable Estates (as they had done before in the time of Richard II); and these two Seasons set them so afloat, that they could never since be cast out of their forceable Possessions, holding by plain Wrong the most part of Ʋlster; and upon very frivolous Pretences great Portions of La [...]d in Munster and Connaugh.
And so we are come to the end of this unfortunate Reign, which determined some Years before the King's Life, for he did not dye until the twenty first Day of May, 1472.
And it must not be forgot, That one of the Articles against this King was, That by the Instigation of divers Lords about him, he had wrote Letters to some of the Irish Enemy, whereby they were encouraged to attempt the Conquest of the said Land of Ireland.
THE REIGN OF EDWARD IV. King of England, &c. And LORD of IRELAND.
EDWARD Earl of March, 1460. Son and Heir of Richard Duke of York, immediately after his Fathers Death, at the Battle of Wakefield, betook himself with all Diligence to gather an Army near Shrewsbury, and having got twenty three thousand Men together, on the second of February he defeated the Earls of Ormond and Pembrook near Mortimers-Cross, and killed three thousand eight hundred of their Soldiers; and although the Queen, not long afterward, defeated the Earl of Warwick, at Bernard-Heath near S. Albans, yet he wisely made slight of that Misfortune, and without any Regard to it, marched directly to London, where, on the fourth Day of March, by vertue of the aforementioned Act of Parliament, he was proclaimed King, by the Name of Edward the Fourth.
He was, as to his Person, the goodliest Man of his Time, and he was not less Valiant than beautiful. On the twelfth of March he advanced against his Enemies, and on Palm-Sunday, with an Army of forty thousand and six hundred [Page 168] Men, he encountred with sixty thousand, and obtained so great a Victory, that thirty six thousand seven hundred and seventy two of his Adversaries were slain: And so being safe in his Throne,1461. he thought it time to put the Crown upon his Head; which was solemnly performed on the twenty eighth Day of June. In the mean time,
Thomas Earl of Kildare, was on the thirtieth of April chosen Lord Justice by the Council of Ireland, and continued so until
Sir Rowland Fitz-Eus [...]ace, 1462. Lord of Portlester and Treasurer, was appointed Deputy to the Duke of Clarence: He held a Parliament at Dublin, Friday before S. Luke's Day, which enacted,
That ten Pound per annum, Davis, 96. be received out of the Profits of the Courts, to repair the Castle hall.
It seems that one William O▪ Bolgir was made Denizen about this time;Lib. G. and that on the fourth of May▪ 1463. Robert Barnwal was made Baron of Trimlets-Town; and it must not be forgot, That the Earl of Ormond was beheaded at Newcastle, and attainted by Parliament in Engla [...]d, [...] [...]. 4. and that that noble Family was in Disgrace all this [...]e [...]gn, for their firm adhesion to the House of Lancaster. This Lord Justice was long after this, in a very old Age, made Viscount Baltinglass, by King Henry VIII. and now was forced to resign to
George Duke of Clarence, the King's Brother, who was made Lord Lieutenant for Life; and deputed his Godfather
Thomas Earl of Desmond, Lib. M. Lord Deputy; in whose time Mints were established at Dublin, Trim, Drogheda, Waterford and Galway, to coyn Groats, two Penny pieces, Pence, Halfpence and Farthings: And not long after it was ordered, That English Mony should advance a fourth Part in Ireland, viz. That an English Nine Pence should pass for a Shilling in Ireland, and a Shilling for sixteen Pence, and so proportionably. And it seems the Gold Noble (coyned in the time of Edward III.) was inhanced higher than the rest, for it was ordered to pass for ten Shillings. And this was the first time any difference was made, in the value of Mony, between England and Ireland.
This Lord Justice held a Parliament at Weys, Friday before S. Martin's Day,1463. which the Thursday after was adjourned to Waterford, to be held the Monday following: It was again, on Saturday before the Feast of Edward the Confessor, adjourned to Naas, Irish Statutes, 19. to be held Monday before S. Matthias Day; and thence (on the Friday after it met there) it was adjourned to Dublin, to be held Monday before S. David's Day; and there, on the Saturday after, it was dissolved; having first enacted,
[Page 169] I. That all Parliament Men should have Priviledge forty Days before and forty Days after every Sessions. And▪
II. That the Attorneys Fees be regulated. And,
III. That clipped Mony should not be currant.
He held another Parliament at Trim, 1465. on Wednesday after S. Lawrence his Day; at which it was enacted,
I. That the like Challenge may be had against the Feofee, as against cestuy que use.
II. That any Body may kill Thieves or Robbers,Repealed, 11 Car. 1▪ c. 6. or any Person going to rob or steal, having no faithful Men of Good Name, in English Apparel in their Company.
III. That the Irish within Pale shall wear English Habit, take English Names, and swear Allegiance, upon pain of forfeiture of Goods.
IV. That English and Irish, speaking English, and living with the English, shall have an English Bow and Arrows, on pain of two Pence.
V. That there be a Constable and Butts in every Town, And,
Lastly, That no Foreign Vessels fish on the Rebels Coast, on pain of Forfeiture. And every one that fisheth on the Coast of the Pale, to pay a Duty.
But this Lord Justice (who was the greatest Man that ever was of his Family) began now to decline in the King's Favour, and was obliged to give place to
John Lord Tiptoft, 1467. Earl of Worcester, Treasurer of England, and Constable of England for Life, Lord Deputy of Ireland; he was one of the most learned and eloquent Men in Christendom; and held a Parliament at Drogheda: At which it was enacted,
I. That the Governour, for the time being may pass into Islands.
II. That none shall purchase Bulls for Benefices from Rome, under great Penalty.
III. That the King's Pardon to Provisors be void.
IV. That the Courts of Exchequer and Commonpleas be removeable, at the Discretion of the chief Governour, on twenty eight Days notice.
V. That the Earls of Desmond and Kildare, and Edward Plunket, Esq as well for Alliances, Fosterage and Alterage, with the King's Irish Enemies, as in furnishing them with Horse and Arms, and supporting them against the King's Subjects; which is notoriously known to be against the Kings Laws, and the laudable▪ Statutes of the Land,Lib. D. be attainted of Treason, and that whoever hath any of their Goods or Lands, and doth not discover it to the Deputy, within fourteen Days, shall be attainted of Felony.
[Page 170] By vertue of this Act of Parliament,Davis, 186. the great Earl of Desmond was beheaded at Drogheda, the fifteenth of February, 1467. Report makes his Crime to be, That of extorting Coyn and Livery: And the Irish say it was for an affront he put upon the Queen, for being of a noble Race, and a generous (or rather proud) Spirit; he despised the King's Marriage with so mean a Subject as the Lady Elizabeth Grey, and often said, She was a Taylors Widow: Perhaps he had more reason than any Man, to speak bitterly against such Matches, because he had no other Title to the Earldom of Desmond, than by the Marriage of his Nephew (Thomas the fifth Earl of Desmond) to Katherin ni William mac Cormock, one of his Vassals; for which that Earl was so persecuted by his Relations, that he was forced to resign his Earldom to this his Unkle, who is commonly called by the Irish, Thomas of Drogheda: And it would be a very hard case, that the Nephew should be so abused for an Act which the King had justified by following the Example, and therefore the Unkle exclaimed against that Action as a thing too base to be imitated or excus'd.
There is also another Vulgar Tradition about this matter, which seems very unlikely,Lib. P. if not impossible; and that is, That the Queen should steal the Privy Signet, and put it to an Order for his Execution.
But it is well worth our Observation,Davis, 185. That as the Earls of Desmond were the first Introducers of Coyn and Livery among the English, and the first that broached the distinction between English of Birth and English of Blood, and the first Peers that refused to come to Parliament upon Summons, so they were the only Peers that ever were executed in Ireland, and the only Noble English Family that was by the Hand of Justice extinguished there; so that this degenerate Family, which of all others was most injurious and ungrateful to the English Government, did suffer more by the same Government, than any other Family in that Kingdom; and those Exactions of Coyn and Livery, which were the Foundations of their Grandure, did at last prove the cause or occasion of their Ruine, in the person of Gerald the fifteenth Earl of Desmond.
On the twenty sixth of February Edmond Lord Dunboyn, Lib. G. for taking Con O Connor Prisoner, and delivering him to the Lord Deputy, and for other Services he had done the State, obtained a Patent for ten Pound per annum, payable out of the Fee farm Rents of Waterford, forfeited by the Attainder of James Earl of Ormond, and also the Prisage of Limerick, Cork, Ross, Galway, Youghal, Kingsale, Dungarvan and Dingle, and the Lands of Castle-Richard in Meath, habendum during his Life.
[Page 171] It is plain by many Circumstances, and particularly that of his short stay in Ireland, that this Lord Deputy came over meerly to serve a turn, for as soon as the Earl of Desmond was executed, the Earl of Kildare was not only pardoned, but also the Lord Deputy hastned to England, and left
Thomas Earl of Kildare, 1467. Lord Justice, and afterward Lord Deputy to the Duke of Clarence: Selden, 841. In whose time John Bold was made Baron of Ratooth.
This Lord Justice held a Parliament at Drogheda; which enacted,
I. That whereas it was doubted,October 1468. whether the Act of 6 Rich. 2. That Women consenting to Ravishers should forfeit their Inheritance, were of Force in Ireland, it is now put out of Doubt, and that, and all other English Statutes, made before that time, are confirmed here.
II. Against Regrators and Ingrossers.
He also held another Parliament at the Naas, Friday after S. Andrew's Day;1472. which was adjourned to Dublin, to the Friday after S. Gregory's Day; and enacted,
I. That Staple Wares be not transported to Scotland, without payment of the Custom called the Coquet, upon Pain of Forfeiture of the same.
II. That every Merchant shall bring twenty Shillings worth of Bows and Arrows into Ireland, Repeal. 10 Car. 1. ch. 22. for every twenty Pounds worth of other Goods he imports from England.
III. That no Grain be transported out of Ireland, if the Market Price exceed ten Pence a Peck, on pain of forfeiting Ship and Goods.
But it was all repealed by the Parliament,Lib. G. 18 Edw. 4.
Nevertheless there was an Act of Parliament this Year of 12 Edw. 4. to this effect.
That there should be a Fraternity of Arms of the number of thirteen Persons,Ex offic. magistr. Rot. in Castr. Dublin. Davis, 55. of the most Honourable and faithfully disposed, in the Counties of Kildare, Dublin, Meath and Louth, viz. three out of each County, and four from Meath, that is to say, Thomas Earl of Kildare, Rowland Eustace Lord of Portlester, Sir Rowland Eustace, Knight, for the County of Kildare; Robert Lord of Hoath, the Mayor of Dublin for the time being, and Sir Robert Dowdal, Knight, for the County of Dublin; the Lord Gormanstown, Edward Plunket, Seneschal of Meath, Alexander Plunket, Esq and Barnaby Barnewal, Esq for the County of Meath, and the Mayor of Drogheda, Sir Lawrence Taaf, Knight, and Richard Bellew, Esq for the County of Louth: And that they and their Successors should yearly assemble at Dublin on S. George's Day, [Page 172] and there chuse one of them to be Captain for the next year; the which Captain and Brethren shall be created a Society, by the Name of the Captain and Brethren at Arms; the Captain shall have an hundred and twenty Archers on Horseback, at six pence a Day for Meat Drink and Wages, and forty Horsemen, and forty Pages at five pence a day for him and his Page; and four Marks per annum, Wages; the Captain and Brethren, and their Successors, to support this Charge, shall have twelve pence per Pound out of all Merchandize sold in Ireland, whether it be imported or exported, except Hides and the Goods of the Free-men of Drogheda and Dublin, and the Mayors of Dublin and Drogheda to be the Receivers of the foresaid Poundage, the Fraternity shall have Power to make Laws for the good Governance of the Society, and to elect a new Brother in the place of any deceasing, and the Captain shall have Authority to apprehend all Out-law'd Rebels, and others that will not be justified by Law. And this was the Original of the BROTHERHOOD of St. George▪ But to proceed;
William Sherwood, 1475. Bishop of Meath, was Lord Deputy to the Duke of Clarence; he held a Parliament at Dublin Friday after the Feast of St. Margaret, which makes it Treason to bring Bulls or Apostiles from Rome, and orders the Lords of Parliament to wear Robes on pain of one hundred Shillings, and enjoyns the Barons of the Exchequer to wear their Habits in Term-time, and Enacts, That if any Englishman be damnified by an Irishman not amesnable to Law, he may reprize himself upon the whole Sept or Nation; And that it shall be Felony to take a Distress contrary to Common Law, which was a very necessary Act in those Times, and is the only Act of this Parliament that is printed; and though it be an English Case, yet it may be useful in other Countries, and therefore we will mention, That George Nevil, Duke of Bedford was this Year degraded,4th. Instit. 355. because he had not any Estate left to support the Dignity.
Henry, 1478. Lord Grey of Ruthen, Lord Deputy, held a Parliament a Drogheda, which repeal'd all the Acts of the aforesaid Parliament of 12 Edw. 4. and then he resigned to▪
Sir Robert Preston, Lib. G. Lord Deputy, who on the 7th of August was created Viscount Gormanston; but he held the Government but a little time before he surrendred to▪
Girald Earl of Kildare, Lord Deputy; he held a Parliament at Naas, Friday after the Feast of St. Petronilla, which Enacted,1478.
[Page 173] 1. That Distresses taken for Rent might be sold. And,
2. That Non-Residents might be chosen Parliament-men;1480. but on the twelfth of August, the Earl of Kildare was made Deputy to the Kings Son, Richard Duke of York, for four years from the fifth of May following,Lib. M. by the Dukes Patent under the Kings Privy Seal (quod nota) and the Earl by Indenture with the King, did Covenant to keep the Realm▪ surely and safely, to his power; and was to have eighty Archers on Horse-back, and forty other Horsemen called Spears, and six hundred pound per annum to maintain them; and if the Irish Revenue cannot pay it, it shall be sent out of England.
This Lord Deputy held another Parliament on Monday after the Translation of St. Thomas; at which it was Ordained,
1. That no Hawks should be carried out of the Kingdom without great Custom. And,
2. That the Pale should have no correspondence with the Irish; and it seems this Parliament Naturaliz'd Con O Neal, Davis, 93 [...] ▪ who had married the Lord Deputy's Daughter.
What the incomparable Spencer, in his View of Ireland, relates of the Duke of Clarence, and Moroughen Ranagh O Brian, is not to be placed in the Reign of Edward the Fourth, because George Duke of Clarence was never actually in Ireland, whilst he was Lord Lieutenant of that Kingdom, but always managed that Province by Deputies; and therefore I suppose, that what Spencer has related, will better suit with the Government of Lionel Duke of Clarence, in the Reign of Edward the Third, who did indeed marry the Heiress of Ʋlster, and performed the other Atchievements Mr. Spencer writes of.
It was in this Kings Reign that the Jubile, which before was every Fiftieth Year, was by Pope Sixtus the Fourth, brought to be every five and twentieth year, and that the Primacy of Scotland was setled upon the Archbishop of St. Andrews.
And thus stood the Government of Ireland, during the Reign of King Edward the Fourth, who between the French King, the troublesome Earl of Warwick, the discontented Lords, and the Attempts of the Wife and Friends of Henry the Sixth, found so much work at home, that Ireland was in a manner neglected, and left to the Protection of the Fraternity of St. George, when on the ninth Day of April 1483, the King died in the two and fortieth Year of his Age, and of his Reign the three and twentieth.
THE REIGN OF RICHARD III. King of England, &c. And LORD of IRELAND.
UPon the Death of King Edward, his Son, the Prince of Wales (being then at Ludlow) was Proclaimed King, by the Name of Edward the Fifth; and in his way to London was perswaded, by the means of his Unkle the Duke of Glocester, to dismiss great part of his Guards, as well to save the Charge, as to avoid giving Cause of Suspicion, and Reasons of Jealousie, to such as doubted, that so numerous an Attendance was entertain'd upon Designs prejudicial to them. And so having luckily mounted this first step to the Throne, the Duke of Glocester proceeded to confederate with the Duke of Buckingham and the Lord Hastings, and by their assistance, he first seized on the Earl Rivers, and others of the Kings Relations and Friends, and then got the King himself into his power, and brought him to London, using a thousand Artifices to make the People believe, that the Queen-Mothers Kindred designed the extirpation of the Ancient Nobility, the Slavery of the People, and the Ruine of the Kingdom.
[Page 175] This Duke of Glocester wheedled or bribed to that degree, that he was chosen Protector by the unanimous Consent of the Council, and afterwards got the Kings Brother out of Sanctuary at Westminster, and under specious Pretences of their Security, both the Princes were conveyed to the Tower of London, in a most pompous and splendid manner, and there they were afterwards murdered, by the Appointment, if not by the Hands of their Unkle.
King Richard took upon him the Regal Office on the 18th day of June, 1483. and before the Murder of his Nephews, and he was Crowned (together with his Queen) on the 6th day of July 1483. and being very busie in England, to establish the Crown he had usurped, he did not think it advisable to make any Alterations in Ireland, but continued in that Government.
Gerald, Earl of Kildare, Lord Deputy (to Edward the Kings Son) who held a Parliament at Dublin; wherein it was Enacted, That the Mayor and Bayliffs of Waterford might go in Pilgrimage to St. James of Compostella in Spain, leaving sufficient Deputies to govern that City in their absence. 2. That the Corporation of Ross might reprize themselves against Robbers, and that no Persons should alien their Free-hold in Ross to a Foreigner without the Licence of the Portriff and Council of that Town; but these being private Acts, are not Printed.
It seems that the next Year the Earl of Kildare (as Deputy to the Earl of Lincoln, 1484. Lord Lieutenant) did hold another Parliament at Dublin, wherein six private Acts only were made▪ and not long after conven'd another Parliament at Trim, which either did nothing at all, or nothing worth mentioning; but a subsequent Parliament at Dublin, gave a Subsidy of Thirteen shillings and four pence out of every Plow-Land to the Deputy, towards his Charges in the Service he did against the Irish, wherein O Connor (it seems) was a Partner or Co-adjutor; for he also had ten Groats out of every Plow-Land in Meath, for his Reward. And this is all I find done in Ireland during this Kings Reign,1485. which ended at the Battel of Bosworth on the two and twentieth Day of August 1485.
THE REIGN OF HENRY VII. King of England, &c. And LORD of IRELAND.
HENRY TƲDOR, 1485. Earl of Richmond, Heir of the House of Lancaster, by the Victory at Bosworth, obtained the Crown of England, and had the more solemn Possession of it at his Coronation, on the thirtieth Day of October following: To these two Pretences of Conquest and Possession, he added the more specious Title of an Act of Parliament; and yet thought himself not secure, until he married Elizabeth, Daughter of Edward IV, in whom the Right really lay, she being Heiress of the House of York: However, he governed as in his own Right, and that so absolutely, that he suffered not the Queen to intermeddle in State Affairs, even so much as was usual for the Wife of a King.
Gerald Earl of Kildare, whom he found Deputy to the Earl of Lincoln, Wares Annals, 2. he continued Deputy to the Duke of Bedford; he also continued the Chancellor, Treasurer, and other Officers of State, whom he knew partial to the White-Rose, without joyning others of his own Party with them, because he would [Page 177] the [...]eby insinuate, That he had a Confidence in their Integrity, and that he was elevated above Fear or Suspicion.
Nevertheless Sir Thomas Butler, Earl of Ormond (whose Family were fast Friends to the House of Lancaster, and for which they had suffered exceedingly) was not neglected, but was by Act of Parliament, in England, restored both to Honour and Estate, and soon after he was sworn of the Privy Council in England: Lib. G. Lamb. And it seems that the Family of Desmond was also restored, because I find that the Lord of Kerry did this Year recover some Lands in that County, by Assize, in the Court-Palatine there, before Thomas Copinger, Gent. Seneschal of the Liberties of Kerry, unto James Earl of Desmond.
I should not have observed that Edmond Courcy was now made Bishop of Clogher, but that he was the first Englishman that ever sat in that See.
There is not much mention made of any Disturbances this Year,Ware 3. except that remarkable Contest between James Keating and Marmaduke Lumley, about the Priory of Kilmainham, Keating had been deprived by the great Master of that Order, anno 1482, being accused of pawning or selling divers Ornaments of the House, and particularly a Piece of the Cross; and for alienating and incumbring the Revenues of the Priory, and Lumley was substituted in his room; but as soon as Lumley arrived at Clantarfe, to take possession of his new Dignity, Keating with a Company of Men came thither, and took him Prisoner, and detained him in Custody until he resigned all the Writings and Instruments of his Election and Confirmation; and then Keating gave him the Preceptory of Kilsaran, in the County of Louth: But Lumley complained of this Usage as well to the King of England as to the great Master of the Order at Rhodes, and at length prevailed to get Keating excommunicated; whereas he was so inraged, that he turned Lumley out of his Preceptory by Force, and put him in Prison, in spight of Octavianus de Palatio, Archbishop of Armagh, who did his Endeavour to protect Lumley: It is probable that Lumley died in Prison, because we hear no farther of him, and because it is certain he never came to be Prior: And as for Keating, although he did make a shift to keep the Priory almost nine Years afterward by strong Hand, yet at last he was ignominiously ejected, and died in Poverty and Disgrace, being succeeded by James Vale.
It became a Question this Year in England, 1 Hen. 7. 4. b. How the Attainder of this King should be taken off? but it was unanimously resolved by all the Judges, That the Possession of the Throne, or the Assumption of the Royal Dignity, did take away all Imperfections, Incapacities and Attainders whatsoever. And it is observeable, that the Judges say, The [Page 178] taking upon him to be King did all this, for the Crown did not Descend to Henry VII, because he was not the true Heir, but afterwards married her that was so: Nor can any thing properly descend to a person attainted, because the Blood is corrupted, so that he cannot be Heir to any Body.
But the King perceiving that the Faction of York was at work in Ireland, 1486. sent for the Lord Deputy to repair to him, into England; but he being loath to undertake that Journey, procured Letters from the Council,June 4. importing, That his Presence was so necessary in Ireland, that he could not at present be spared from that Government: And by these Means he excused himself for a while.
In the mean time Lambert Symnel, a Youth of a lovely and fascinating Countenance, and of a princely Behaviour, was well instructed by a crafty Priest, Sir Richard Symon, to personate the Earl of Warwick, only Son of George Duke of Clarence; for which Duke (being their Countryman born) the Irish had a wonderful Respect, as indeed they had generally for all the Family of York. This Youth had learned his Lesson so well, that Margaret Dutchess of Burgundy resolved to set him up against King Henry, although there were two great Flaws in this Contrivance: The one was, That the true Earl of Warwick was in King Henry's Hands, in the Tower of London: The other, That he was not right Heir to the Crown, because there were Children of King Edward the Fourth still living. Nevertheless, she sent this Counterfeit Prince to Ireland, where he met with all the Countenance he could desire, as well from the Lord Deputy, as from almost all the rest of the Nobility, Gentry, Clergy and People, the Archbishop of Armagh, the Bishop of Clogher, and the Families of Butler and S. Lawrence, and the City of Waterford only excepted.
And though the King caused the true Earl to be taken out of the Tower, and shewn publickly in London, which marred all their Designs there; yet the Irish were not thereby Discouraged, but confidently accused the King of Imposture, as he did them, and therefore that Project was not so effectual to him, as was another of getting a Bull from the Pope, requiring the Clergy to excommunicate the Rebels, as often as the King should desire it; which did him a great deal of Service.
But Mac Mahon took advantage of these Stirs, and invaded Louth, which he burnt and preyed, according to the Custom of making War in those Days; he destroyed twenty eight Villages in that Country. And the Tempest was no less fatal to Ʋlster, where it rooted up Trees and threw down Houses.
[Page 179] In May the Dutchess of Burgundy sent over two thousand Germans, under the Command of Martin Swart, an old Soldier; with them there came the Earl of Lincoln, the Lord Lovel, and others, and were kindly received, and lovingly entertained by the Nobility, Gentry and People of Ireland; they proceeded to crown this Impostor at Christ-Church, in Dublin, with a Crown, which they took from the Statue of the Virgin Mary, in S. Mary-Abby; and this Ceremony was rendred more solemn by a Sermon preached by the Bishop of Meath on the occasion, and by the Attendance of the Lord Deputy, the Chancellor, Treasurer, and other the great Officers of State: And after he was crowned, they carried him in Triumph, upon the Shoulders of Great Darcy of Platten. But the good Archbishop of Armagh refused to be present at this ridiculous Pageantry; for which they gave him all the Trouble they could.
But it seems they were conscious of their Misdemeanour in this Matter, and they knew how to purchase Absolution, and therefore they called a Parliament (or Assembly) in the Name of their new King; and the Clergy gave the Pope a Subsidy to absolve them.
So eager were these People to follow the Fortunes of this Mock-King, that Thomas Fitz-Girald resigned the Chancellorship to the Lord of Portlester, the better to be at liberty; and so together they went for England, and landed in Lancashire, where Sir Thomas Broughton and his Party joyned them; they marched through Yorkshire to Newark; and being stopt there, they turned aside to Notinghamshire, and near the Village of Stoke, 1487. on the the eleventh of June, after a desperate Fight for three Hours, they were totally defeated, and all the Commanders, and four thousand Soldiers slain, and Lambert and his Master Symon were taken Prisoners, and the latter was imprisoned, and the former made one of the King's Falconers.
In December James Fitz-Thomas, Decemb. 7. Earl of Desmond, in the twenty eighth Year of his Age, was murdered at Rakele by his Servant Shane Maunta and others; who were all taken and executed for it, by Maurice his Brother and Successor in that Earldom.
The Earl of Kildare and the other Ministers of State that were Faulty▪ sent Messengers to the King, to implore his Pardon, which (after some exprobration and reprimand) was obtained; and he was still continued in his Office of Lord Deputy.Ware, 14▪ And the same Year the Inconveniences of Sanctuaries were somewhat lessned by the Pope's Bull, for the better Regulation of them.
[Page 180] It seems strange, That hitherto the King did not send any Soldiers into Ireland, to suppress the remainder of the Faction of York; perhaps he knew, That if he took any severe course with them, it would utterly destroy the Pale, and by weakning the small Colony of English, would turn to the Advantage of the Irish, and therefore he contented himself with the Submission of those that had been Faulty; and sent over Sir Richard Edgcomb to take new Oaths of Allegiance of the Nobility and Gentry, and to bind them in Recognizance to performance, and thereupon to give them a Pardon. He brought with him five hundred Men, which was rather a Guard than an Army; and he arrived at Kingsale with five Ships, on the twenty seventh Day of June; he did not intend to come on Shoar there, and therefore the Lord Thomas Barry (i.e. Barry oge) came on Board, and there did his Homage for his Barony, and took his Oath of Allegiance; but the next Day, Sir Richard Edgcomb, at the Importunity of James Lord Courcy, and the Inhabitants of Kingsale, did come into the Town, and in their Parish Church, dedicated to S. Multotius, the Lord Courcy did Homage, and he and the Townsmen swore Allegiance, and entred into Recognizance for the Observation of it, whereupon they were pardoned: And so, after Dinner, Edgcomb sailed toward Waterford; where he arrived the last Day of June, and having applauded the Loyalty of that City, and assured them, That the King would liberally remunerate their Fidelity, he set Sail for Dublin; and there he arrived the fifth Day of July, and was received by the Mayor and Citizens, in most humble and submissive manner, at the Gate of the Abby of the Friers Preachers, where he was to lodge: The Earl of Kildare was then upon some Exploit against the Irish, so that he did not come to Dublin until the twelfth of July; and then he sent the Bishop of Meath, the Lord Slane and others unto Edgcomb, to conduct him to S. Thomas-Court, where the Lord Deputy lay: Thither did Sir Richard come, and with a stern Countenance delivered the King's Letters to the Lord Deputy; after which they had a Private Conference, but many of the Nobility being absent, nothing more was done at that time, and so they departed, the Lord Deputy went to Minooth, and Sir Richard Edgcomb returned to the Abby. The next Day (being Sunday) Edgcomb caused to be read in Christ Church, after Sermon, the Absolution of the former Excommunication, which the Pope had lately granted (at the King's Request) unto all those that should thenceforward continue loyal to his Majesty; and after some time, and many Expostulations between the Commissioners and the Nobility, they did at last agree on the Form of an Oath, to be found at large in Sir James [Page 181] Wares Annals, p. 17. Wherein this is observable, that they swore not to hinder or disturb the excommunication of all such as should oppose the King, of what Quality soever they should be: And in the Oath of the Clergy, it was added, that they should publish the Popes Excommunication, against all the Kings Rebels or Enemies in Ireland, as often as they should be thereunto required; Salvo Ordine Episcopali, &c.
And so on the 21st of July, the Earl of Kildare (being first absolved from the former Excommunication, after the usual manner in time of Divine Service) did Homage to the Kings Commissioner, in the great Chamber in Thomas Court, and swore Allegiance, and entred into Recognizance for the due Observation of it, and then Edgecomb gave him his Pardon, and put a Gold-Chain about his Neck, which the King had sent him for a Present, to signifie his Majesties entire Reconcilation to him.
The like Oaths and Recognizances were made by Rowland Eustace, Baron of Portlester, Lord High Treasurer, Robert Preston, Viscount Gormanstown, James Fleming, Baron of Slane, Nicholas St. Laurence, Baron of Houth, Christopher Barnewal, Baron of Trimletstown, John Plunket, Baron of Dunsany, Walter, Archbishop of Dublin, John Walton (who had resigned that Archbishoprick, reserving the Mannor of Swords to live upon during Life) John, Bishop of Meath, Edmond Bishop of Kildare, John Purcell, Abbot of St. Thomas Abby, Walter Champflour, Abbot of St. Maryes, and James Cogan, Prior of Holm-Patrick, and then Sir Richard Edgecomb entertain'd them all at a splendid Banquet at his Lodgings, and the next day the Mayor and Citizens of Dublin, took their Oaths at the Tolsel, and remitted a Copy of the Oath under the City-Seal, to the King, to certifie His Majesty that they had taken it.
And so, on the 23d day of July, Edgecomb went to Drogheda, and thence to Trim, and both those Towns, as also the Prior of St. Peters, near Trim, and the Abbots of Navan and Beclif, did in like manner bind themselves to Allegiance by Oath and Recognizance, and when he returned to Dublin, on the 26th, Octavianus, Archbishop of Armagh, Philip Birmingham, Chief Justice of the Kings Bench, and Thomas Dowdal Master of the Rolls, followed the same Example: There was great intercession made for Prior Keating and Thomas Plunket, Chief Justice of the Common Pleas; and at length Plunket was pardon'd, but Keating was not only left unpardoned, but was also removed from the Command of the Castle of Dublin, whereof, it seems, he was Governour or Constable, and Richard Archbold, whom he had formerly ejected, was now restored, and perhaps Keating had been [Page 182] used worse, if his Habit and Order had not protected him; for the King hated him more than all the rest, being (as it seems) one of the most violent, and most powerful Abettors of the Impostor Symnel; and so Sir Richard Edgecomb, having faithfully executed his Commission, embarked at Dalky the 29th of July, and arrived in Cornwal on the 8th of August.
Soon after this, the Lord Deputy and Council sent over the Bishop of Meath, to obviate the Designs of their Enemies, and to thank the King for his Favours, and to assure him of their future Allegiance; and he managed his Negotiation so successfully, that although the Archbishop of Armagh, who was of the Kings side, and a Favourite, did use his utmost Endeavours to get the Chancellorship, yet he could not obtain it, lest thereby Kildare and his Party might be disobliged, and the Kingdom just now appeased, and growing towards a Settlement, might again be disturbed by new Jealousies and Commotions.
And now the Lord Deputy is at leisure to call Macgeoghan to account for all his Depredations in the Pale;1489. he invaded his Country, and took the Castle of Bileragh, and preyed and wasted the whole Territory of Moycassel, and being loaden with Booty, he returned to Dublin.
But the King being still jealous of the Nobility of Ireland, whom he knew to be exceedingly addicted to the House of York, sent for most of them to come over to him into England; and thither went the Earl of Kildare, the Viscounts Buttevant and Fermoy, and the Lords of Athenry, Kingsale, Gormanstown, Delvin, Hoath, Slane, Killeen, Trimleston and Dunsany; They waited on the King at Greenwich, where Lambert Symnel served as Butler, purposely to ridicule and expose their Folly, who would Crown such a Fellow for their King▪ but after some sharp Reproofs, they were all taken into Favour, and graciously dismiss'd, I suppose not without some Presents, though only that of three hundred Pieces of Gold to the Lord of Hoath, be mentioned.
But whilst these things were doing in England, Maurice Buckagh Earl of Desmond, obtained two Victories in Ireland, the one against Morough O Carol, who was slain in the Battel, together with his Brother Moyl Murry; and the other against Dermond Mac Teige Carty, whom he also killed.
On the 6th of July a Provincial Synod was held at Athird, Ware, 24. by Octavianus Archbishop of Armagh; at which were present, the Bishops of Meath, Clogher, Ardagh, Dromore, Kildare, Raphoe and Cluanmacnoise: There was a great Contest at this Synod between Thomas Brady and one Cormock, about the Bishoprick of Kilmore; it was by common consent refer'd [Page 183] to the determination of the Bishops of Meath, Clogher and Ardagh, and what End they made of it, non constat; but six years after, both of them were called Bishops of Kilmore, and as such, both of them were permitted to sit in the Synod of Drogheda.
The Summer and Harvest were so wet in Ireland, 1491. that the Corn could not be saved, and therefore a great Dearth ensued, which was accompanied with a Disease called the Sweating Sickness, which now came to be first felt and known in Ireland.
And it seems that a Parliament was held at Trim, on Friday after Epiphany; but none of their Acts are extant: But in March a Proclamation issued against bad Money, and Nicholas Flyn was made Supervisor of the Mints at Waterford and Dublin.
It was about this time, that O Neal wrote this short and famous Letter to Hugh Roe O Donel, from whom he demanded Chief-Rent, which the other denied, and refused to pay: Cur hoom mi Keesh no monna Curhir; i.e. Send me my Rent, or if you don't (as much as to say, he would force him to it.) But O Donel replied, Neel Reesh a gut urm, agus dabeh; i.e. I owe you no Rent, and if I did (meaning that he would not pay it;) so to Blows they go, and after some Bickerings and Losses on both sides, they agreed to refer all their Differences to the Lord Deputy; but in vain; for all that he could do, could not reconcile them; So to Blows they fall again, and came to a bloody Battel, wherein the Loss was almost equal; but if there were any disadvantage in that Point, it was of O Donel's side; but that was more than balanced by the Death of O Neal, who in January 1492 was Murdered by his Brother Henry, so that Tyrone became divided between Henry and Daniel O Neal, betwixt whom there was continual Wars until the year 1497. and then, upon the Resignation of Daniel, Henry became sole Proprietor, and the same year of 1497, O Donel likewise being superannuated and decrepit, gave up his Principality of Tirconnel to his Son Con.
But the King finding, that the Duchess of Burgundy was again busie at work, about setting up another Impostor, thought it necessary to put the Government of Ireland in the hands of such as he might confide in; and therefore he removed the Earl of Kildare, and
Walter Fitz-Symons, 1492. Archbishop of Dublin, was made Lord Deputy to Jasper Duk [...] of Bedford, and Sir James Ormond (Natural Son to John Earl of Ormond) was made Lord Treasurer, in the room of Eustace Lord of Portlester, who had enjoyed that Office eight and thirty years: This [Page 184] new Lord Treasurer came to Ireland in June, with a small Band of Souldiers; and it so hapned, that upon some Quarrel between him and the Earl of Kildare, near Dublin, there was a Skirmish, which proved very prejudicial to both the Families of Butlers and Giraldines, and the more, because the Irish took advantage thereby to infest the Pale, and to disturb the English Borders: However, in September following, more Alterations were made in the great Offices of State; Alexander Plunket was made Lord Chancelor; Thomas Butler Master of the Rolls; and Nicholas Turner was constituted Chief Justice of the Common Pleas in August before; and the Earl of Ormond and the Prior of Canterbury were sent Ambassadors to the French King.
This Summer was so dry, that abundance of Cattel perished for want of Water; and the Air grew so Pestilential, that a multitude of People, and particularly the Lord of Slane died of the Plague.
But a greater Mischief than this hapned to the unfortunate Kingdom of Ireland, by the Arrival of Perkin Warbeck, who to supply the Defects of the former Imposture, did pretend to be Richard Duke of York, Second Son of Edward the Fourth, to whom the Crown did really belong, if he were living, and this Perkin did personate him so well, that there remains some doubt to this day, whether he were an Impostor or not; but supposing he was, it was cunningly contrived to let him first appear in Portugal, as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle; besides, Portugal was a Place with which the Duchess of Burgundy had not much Correspondence, and therefore it could not be suspected that she had a hand in the Cheat; but however that be, young Perkin set Sail from Lisbon, and arrived safely at Cork, where he was kindly received by the Citizens, and particularly by John Walters, an eminent Merchant of Cork, who probably was then Mayor (and whose Apprentice Perkin had been, as they say) he wrote Letters to the Earls of Kildare and Desmond, for their Assistance against King Henry; but before he received their Answers, he received Letters from the French King, inviting him thither; and so to France he went, and was royally received and entertained, until that King made Peace with King Henry, and then Perkin made a seasonable Retreat into Flanders; where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy, and there we will leave him for a while, and return to our [...]ord Deputy.
He held a Parliament at Dublin, 1493. on Friday after Midsummer, which (it seems) vacated some Indictments and Inquisitions, that had formerly been made to the prejudice of [Page 185] this Lord Deputy, by the Means of the Lord Portlester (and now the Tables being turn'd, and the Votaries of the House of Lancaster at Helm, the Lord Portlester himself was questioned in the Exchequer, for the miss-management of his Office of Treasurer.) This Parliament did also repeal a former Act made against the City of Waterford, and restored that City to all its ancient Liberties and Priviledges, and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands, that were alienated or granted away, since the first year of King Henry the Sixth; but none of the Acts of this Parliament are Printed, except one, for the cleansing of the Water-Course in St. Patrick-street in Dublin; and so this Parliament being dissolved in August, the Lord Deputy, on the sixth of September following, resigned to
Robert Preston, Viscount Gormanstown, Lord Deputy to the Duke of Bedford, who (it seems) had not Commission to call a Parliament; nevertheless he did call one, which met at Drogheda, and made several Statutes which were absolutely void, for the Defect aforesaid; however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it.
1. That the Lord Lieutenant had surrendred his Patent before the Summons. And,
2. Because the Parliamentary Summons did not issue to all the Shires, but to four Shires only.
On the Twelfth of September, this Lord Deputy called several of the Nobility to Trim, where they subscribed Articles for the Peace of the Kingdom, viz. That no man should make War without the Deputies Consent; and that several Extortions and Tributes that were used and demanded, should be abrogated and suppressed, and that Murderers, Thieves and Vagabonds should be punished, &c. There were present at this Assembly, Alexander Plunket, L. Chancellor, Girald, Earl of Kildare, the Bishops of Meath & Kildare, the Lords of Slane, Delvin, Killeen, Houth, Trimletston and Dunsany, &c. And they gave Recognizanse and Hostages for the observation of those Articles; and after this, he called the Parliament aforesaid.
In October the late Lord Deputy Fitz-Symons went into England, to give the King a full Account, as well of his own Government, as of the present State of the Kingdom of Ireland; and not long after, viz. in November following, the Earl of Kildare, hearing he was impeach'd in England, went also thither to justifie himself before the King, but the L. Deputy (leaving the Government in the Hands of his Son) followed the Earl to England, and by the Assistance of Sir James Ormond, Lord Treasurer of Ireland, he so far prevailed, that Kildare's [Page 186] Justification was rejected, and himself sent over Prisoner to Ireland, to the end the Matter might be more fully examined upon the place,1494. by
Sir Edward Poynings Knight of the Garter, Lord Deputy, whose chief Errand was to suppress the Abettors of Perkin Warbeck; he came over the thirteenth of September, and immediately made great Alterations amongst the Ministers of State; Henry Dean, Bishop of Bangor, he constituted Lord Chancellor, Sir Hugh Conway was appointed Treasurer, Thomas Bouring was made Chief Justice of the Kings Bench, as John Topcliff was of the Common Pleas, and Walter Ever was made Chief Baron of the Exchequer, all which were Englishmen born, and good Lawyers, and were sworn of the Privy Council of Ireland.
This Deputy brought over with him about one thousand Souldiers, and resolved to invade Ʋlster, to pursue some of Perkins's Friends that fled thither; it is strange he should use the Earl of Kildare's assistance in this Expedition; however, together they went, accompanied with Sir James Ormond, who had resigned the Office of High Treasurer; they did great Execution on the Irish, and harass'd the Territories of O Hanlon and Mac Genis, and others: It was suggested, That Kildare did secretly treat and conspire with O Hanlon, to destroy the Lord Deputy; for which he was Attainted, as shall be shewn hereafter; but it seems he was innocent of that Matter, not only because O Hanlon cleared him upon Oath two years after; but also, because he was acquitted in England, upon full hearing before the King.
Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh; whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis; and so having taken their Oaths and Hostages, he immediately marched to Caterlogh, which, after ten days Siege,1494. was surrendred unto him.
And so in November, on Monday before the Feast of St. Andrew, sate that famous Parliament at Drogheda, which Enacted,
I. That the Treasurer might appoint his under-Officers here, as is used in England, and shall account once a year here, before the Barons of the Exchequer, and such of the Council as the Lord Deputy shall appoint; and the same Accounts to be certified into England, and finally determined and setled there.
II. That no Minister of Justice, viz. The Chancellor, Treasurer, Judges, Clerk, or Master of the Rolls, nor any Officer Accomptant, shall have their Places but during the King's Pleasure.
[Page 187] III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland: The Reason of this Act was, because Richard Duke of York (at his last being in Ireland) did Cause an Act to be made, That Ireland should be a Sanctuary for Refugees, and that it should be Treason to disturb any body there, by any Writ, Privy Seal, or other Matter from England; and this he did, because he was then in Rebellion against Henry the Sixth, and to encourage his Partizans to repair to him in Ireland; and by vertue of this Act, he Executed William Overy Esq who was Servant to the Earl of Ormond. And now the Abettors of Lambert Symnel and Perkin Warbeck (which are the Lads mentioned in the new Statute) excused themselves upon the aforesaid Act; and therefore it was now repealed, and all Receivers and Maintainers of Traytors, are by this Act made guilty of Treason; and Obedience is commanded to be paid to the Great Seal and Privy Seal of England, and to Letters Missive under the Kings Signet.
IV. The Famous Statute, commonly called Poyning's Act, That no Parliament should for the future be holden in Ireland, until the Chief Governor and Council do first certifie the King, under the Great Seal of that Land, as well the Causes and Considerations, as the Acts they design to pass, and till the same be approv'd by the King and Council, and a Licence thereupon do issue from the King to summon a Parliament, and that all Parliaments hereafter holden in other manner, be void and of none effect. And it is to be noted, That this Act was by the Statutes of 28 Hen. 8. c. 4. & c. 20. suspended as to that Parliament, and by the Statute of 3, & 4. Philip and Mary, it is very excellently and at large explained; and by the Statute of 11 Eliz. c. 1. Poyning's Act was again suspended or superseded, as to that Parliament, in confidence that their most worthy Governour (Sir Henry Sydny) would not pass any Bills prejudicial to the Queen or the Kingdom; but because they had not the same Assurance of their future Governours, they did upon second thoughts, and in another Session, make a Law (11 Eliz. c. 8.) That no Bill should for the future be certified into England, for the Repeal of Poyning's Act, until first such Bill should be approved of by the Majority of both Houses of Parliament in Ireland; nevertheless whenever it shall happen that the English and Protestant Interest in Ireland, shall overtop its Enemies, and make a Majority in Parliamentary Assemblies, that Act of Poyning's, which was made only to help the English when too weak for the Irish, will be obsolete and useless, when the Irish Popish Interest becomes inconsiderable.
[Page 188] V. That all the Statutes against Provisors, made in England or Ireland, be put in execution here.
VI. That no Citizen or Townsman, receive Livery or Wages from any Nobleman or Gentleman, neither engage themselves by Indenture or otherwise to any Lord or Gentleman, on pain of being disfranchis'd and expell'd the Corporation, and the chief Magistrate to forfeit Twenty Pounds, if he fail, to punish the Transgressors of this Law; and that no Lord or Gentleman shall retain any other but his Officers and Menial Servants, on pain of Twenty Pounds.
VII. That none be Aldermen, Jurors or Free-men in any Town, but such as have been Apprentices or constant Inhabitants there; and that no man be Mayor, but one known to be Loyal; nor no Lord or other be made privy to their Consultations, except their Recorder, on pain of an hundred Marks, and all their By-Laws contrary to the Kings Prerogative and Jurisdiction, to be void; and that this Act be recorded in every Corporation.
VIII. That the Statutes of Kilkenny be confirm'd and executed, except those about the Irish Language, and riding on Saddles.
IX. That the Subjects keep Bows and Arrows.
X. That the Captains of Marches do present the Names of their Retinue, by Indenture, that they may answer for their Defaults, and that it be Felony to succour, or willingly suffer Rebels or Enemies to pass and re-pass the Marches, and that every Proprietor of Land in the Marches, do reside thereon, or appoint a sufficient Deputy to do so, on pain of losing his Estate, during his Absence; and that all People near the Marches, from Sixteen to Sixty, be ready on warning, in their best defensible Array, to defend the same.
XI. That no man compound for the Death or Murder of his Friend or Relation, nor revenge it but according to Law.
XII. That no man keep Fire-Arms after Proclamation, on pain of Twenty Pounds.
XIII. That it be Treason to stir up the Irishry to make War on the English, or any body to make war against the chief Governour of Ireland.
XIV. That one of the Realm of England be Constable of the Castle of Dublin, and the like of Trim, Lexlip, Athlone, Wicklow, Green-Castle, Carlingford, Castlefergus (repeal'd 11 Car. 1. c. 6.) And hence arose the vulgar Error, That no man can be Lord Lieutenant of Ireland, but an Englishman born.
XV. An Act about the Records of Ʋlster, Conaught and Trim.
[Page 189] XVI. That the Lords appear in their Robes every Parliament, on pain of one hundred Shillings.
XVII. That no man shall make Peace or War without the Consent of the Chief Governour, on pain of one hundred Pounds, &c. (for it is to be noted, that before this time, every Lord made War or Peace as he pleased, without Pay or Commission.)
XVIII. That no man take Money or Horsemeat by colour of Gift, Reward or otherwise, by reason of any Menace; and if he do, the Giver is to forfeit an hundred Shillings, unless he complains seasonably, and the Taker is to suffer the Punishment appointed for the Takers of Coyn and Livery.
XIX. That the Souldier shall pay three halfpence a Meal, and his Man a Penny, and a Penny for six Field-sheaves of Oats, and Litter according; and whoever refuses to quarter Souldiers at this Rate, forfeits twelve pence a time, unless he be a Man of twenty Marks Estate per annum, and except Cities and Corporate Towns.
XX. That the Words Cromabo and Butlerabo, and such like Words of Faction, be abolished.
XXI. That wilful Murder be High Treason.
XXII. That all the Statutes late made in England, concerning or belonging to the Publick Weal, be henceforth good and effectual in Ireland. And,
XXIII. That the Statutes made by the Lord Gormanstown aforesaid, he repeal'd and null.
There were many other Statutes made at this Parliament,Lib. D. although they are not Printed;Davis, 171. One was, That the King should have a Subsidy of twenty six shillings and eight pence out of every sixscore Acres of Arable Land, in lieu of Purveyance, which, it seems, was (together with Coyn and Livery) supprest by that Act; Rot. Parl. c. 4.
And another Act gave Power to the Lord Treasurer to govern the Kingdom, on the Death or Surrender of the Chief Governor, until the Kings Pleasure were known.
There was also an Act made, in favour of the Knights of St. John's of Jerusalem, to resume all their Possessions alienated by Prior Keating, or his Predecessor Thomas Talbot, and to restore the Jewels and Reliques they had pawn'd, to depose the Preceptors they had placed in the Commanderies, and that no man but an Englishman should be Prior for the future.
Another Act made a general Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second,Lib. G. except some Particulars mentioned in the Act; and another Act, Rot. Parl. c. 41. attaints the Earl [Page 190] of Kildare, and his Brother James, for High Treason, for corresponding with O Hanlon, and seizing the Castle of Caterlogh, for extorting Coyn and Livery, and for treating with the King of Scotland; however he was afterward acquitted in England, and received into favour; and perhaps there was another Act, to dissolve the Fraternity of S. George; for it is certain that about this time that Brotherhood fell; and so I have done with this Famous Parliament, when I have told you that it is a Mistake in the Printed Statute-Book, to place it anno 1495, because it is manifest, That November, 1494, was in the tenth Year of this King's Reign.
It is scarce worth mentioning,Ware, 43. That during this Parliament, the Lord Deputy made another Expedition into Ʋlster, because the Irish fled into their Fastnesses, so that he reaped but small Fruit for his Journey. In his Absence he left a Commission with the Chanchellor, to continue, adjourn, prorogue or dissolve the Parliament, as he saw cause.
About this time Cormock mac Teige mac Carthy of Muskry, 1495. was basely murdered by his Brother Owen (Ancestor of the Mac Carthyes of Cloghroe), and was buried in the Abby of Kilcrea, which he himself had founded.
But let us return to Perkin Werbeck, who set sail from Flanders with about six hundred Men, and arrived on the Coast of Kent; but he found ill treatment there, for one hundred and sixty of his Men were taken Prisoners, and afterwards executed: Thence he sailed to Ireland, where he staid some time in Munster, (probably at Cork) but finding the Irish unable to give him any considerable Assistance, and fearing the Forces of the Lord Deputy, he went thence into Scotland; and by that King's Consent married the Earl of Huntly's Daughter, who was nearly related to the Crown of Scotland. The King of Scots did invade England, in favour of Perkin, but finding that none of the English came to assist the Impostor, he wasted Northumberland and returned.
And thus Sir Edward Poynings drove Perkin out of Ireland, and suppressed his Abettors, and established many good Laws, which though for the present they extended no further than the Pale, yet their Effect and Influence increased and inlarged as fast as the King's Authority did, so that those Statutes are at this day in full force over all the Kingdom: And the King finding Ireland in so quiet a condition, recalled the Lord Deputy, and for his good Service made him Knight of the Garter; And in his place appointed
Henry Dean, 1495. Bishop of Bangor, Chancellor of Ireland, and afterwards Archbishop of Canterbury, 1496. to be Lord Justice, and on the twenty sixth of April, William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War; and on the [Page 191] twenty fifth of June the Lord Delvin was made General, for defence of the Pale; and in July Octavianus Archbishop of Armagh held a Synod at Droghedah, the Acts whereof are not to be found; and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor, near Sligo. Whereupon he besieged the Castle of Sligo, but without Success; for being frightned with the News of the Approach of the Burks of Clanrickard, he raised the Siege, and retired in hast towards Tyrconnel: But Burk was not so satisfied, but burnt and destroyed all the adjacent Territories, that belonged to O Donel's Partisans.
But the Earl of Kildare was still kept in Prison, in England, for Grief whereof his Countess died. The Earl was accused of burning the Church of Cashel, and many Witnesses were ready to prove it, when contrary to all their Expectations, he readily confessed the Fact, and swore by Jesus, That he would never have done it, but that he thought the Archbishop was in it: Which being uttered with a bluntless, peculiar to this Lord, did exceedingly work upon the King; for whilst the Earl did so earnestly urge that for his Excuse, which was the greatest Aggravation of his Crime, the King easily perceived, That a Person of that Natural Simplicity and Plainness, could not be guilty of those Finesses and Intrigues that were objected against him. It is reported of this Earl, That he desired the King to permit him to have Council to manage his Cause, since he was altogether unqualified to deal with such cunning Knaves as his Adversaries. The King told him, He should have what Counsel he would choose; and that it concerned him to get Counsel that were very good, for that he doubted his Cause was very bad. The Earl replied, That he would pitch upon the best Counsel in England. Who is that? said the King. Marry even your Majesty, quoth the Earl: Whereat the King laughed. But nevertheless, he so requited Kildare, for his Complement, that when the Adversary concluded his Oration, That all Ireland could not govern this Man; the King took that occasion to make reply, That therefore he was the fittest Man to govern Ireland: Ware, 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom, by his Letters Patent of the sixth of August, and restored him to his Honour and Estate. Nevertheless, the King kept the Earls eldest Son, Girald, as Hostage of the Father's Fidelity; which proved to be a matter of Caution rather than of Necessity, for no body could behave himself with more Loyalty to his Prince, nor more Vigor against the Irish, than the Earl of Kildare did from henceforward. But to proceed.
[Page 192] Girald Earl of Kildare, 1496. being made Lord Lieutenant, in a short time after he had received the Sword, marched towards Thomond against O Brian; he went through the City of Limerick, and took the Castle of Feyback from Finin Mac n [...]marra, and afterwards took and rased the Castle of Ballyniti, or Ballynice, and so returned to Dublin, and was reconciled to the Archbishop of Armagh, to their mutual Ease and Quiet, and to the great Advantage of Publick Affairs, which often suffer (especially in Ireland) by the private Animosities of the Grandees.
But the Bishop of Bangor was recalled into England, and Walter Archbishop of Dublin was made Lord Chancellor, in his stead. This good Archbishop, in a Synod at Dublin anno 1492, procured a Pension for a Divinity-Reader there, to be paid by him and his Suffragans, and their Successors for ever: And it is reported of him, That being present when a famous Orator made a most eloquent Speech to the King, his Majesty asked the Archbishop, How he liked the Oration? The good old Man replied, That he saw no other Fault in it but Flattery. As God shall love me (quoth the King) That is the very Fault I my self espied.
The King, by advice of the Lord Lieutenant, resolved to pardon those great Men that had been concerned with Perkin Warbeck, lest Despair might induce them to new Disturbances: And accordingly the Earl of Desmond, the Archbishop of Cashel, the Bishops of Cork and Waterford, and many other of the principal Men of Munster, were pardoned; and the Liberties and Charters of Youghal were restored and confirmed, and their Priviledges enlarged.
In the mean time dyed Rowland Fitz-Eustace Baron of Portlester, who at several times had been Deputy, Chancellor, and Lord High Treasurer of Ireland; which last Place held thirty eight Years: And about the same time died Cnoghor mac Trelagh O Brian, Chief of Thomond, and was succeeded by his Brother Gil duff, by Popular Election, according to the Custom of Tanistry.
But it is time to return to Perkin Warbeck, whom we left in the Arms of a fair Lady in Scotland; that King had already made several Essays in favour of this supposititious Prince; but now his Affairs pressed him to make a Peace with the English; which King Henry would not hear of, unless Perkin were delivered up: It was therefore necessary for the Impostor to seek new Quarters:1497. And therefore being secretly supplied by the King of Scotland, with Necessaries for his Voyage, he embarqued with his Wife and Family, and landed safely at Cork the twenty sixth of July; he could not have pitcht upon a Place more prone to Rebellion at that time, [Page 193] but curst Cows have short Horns, and their Ability was not suitable to their Inclinations; however, he listed one hundred and twenty Soldiers, and by the Aid (or at least Countenance) of the Earl of Desmond, he got Conveniences for their Transportation: And so finding the Earl of Kildare so firm and potent, that no good was to be done in Ireland, and receiving an Invitation from the Cornishmen, he sailed directly to Cornwal in September, and landed safely at Whitsand-bay.
The City of Waterford (which for its loyalty to the Crown against Lambert Symnel, had received great Favours and Priviledges from his Majesty) was now altogether as vigorous against Perkin; and by its discreet behaviour in this Affair, well deserved the Motto, Intacta manet Waterfordia; That City manned out four Ships, and sent them in pursuit of Perkin, but Fortune did not favour that Generous and Loyal Design.
This Impostor being thus arrived in England, took upon him the Name of Richard IV, King of England; and as such behaved himself, and acted his Part so well, that he would often lament the Destruction of his People, and would frequently bemoan the Tyranny and Oppressions they lived under, which sort of Deportment took with the common People exceedingly, insomuch that some thousands of them came to him at Bodmin, & with them he besieged Excester, and assaulted the City with great vigour and Resolution, which the Couragious and Loyal Citizens, by the help of some of their Country Neighbours, as valiantly defended: Hereupon Perkin raised the Siege, and marched to Taunton, and although the Cornishmen continued resolute to conquer or dye, yet Perkin perceiving their Courage was greater than their Strength, and finding that the King's Army did daily increase, whilst his did decrease, he privately withdrew to the Sanctuary of Beaulieu, in Hampshire, and afterwards surrendred himself; and being imprisoned in the Tower, he made his escape once, and attempted it the second time, and was therefore, together with his Friend John Waters, Mayor of Cork, hanged at Tyburne, where he confirmed the Confession he had formerly made, which was to this effect,
I Being born in Flanders, Campion, 104. in the Town of Turney, put my self in Service with a Britton, called Pregent Meno; the which brought me with him into Ireland; and when we were there arrived, in the Town of Cork, they of the Town (because I was arrayed with some Cloaths of Silk, of my said Masters) threeped upon me, That I should be the Duke of Clarence's Son, that was before time at Divelin; and forasmuch as I denyed it, there was brought unto me the Holy Evangelists and the Cross, [Page 194] by the Mayor of the Town, called Ino Lavallin, and there I took my Oath, That I was not the said Duke's Son, nor none of his Blood. After this came to me an Englishman, whose Name was Stephen Poytow, with one John Walter, and sware to me, That they knew well that I was King Richard's Bastard-Son, to whom I answered with like Oaths, That I was not; and then they advised me not to be afraid, but that I should take it upon me boldly: And if I would so do, they would assist me with all their Power, against the King of England; and not only they, but they were assured, That the Earls of Desmond and Kildare should do the same, for they passed not what part they took, so they might be avenged on the King of England; and so against my Will they made me to learn English, and taught me what I should do and say: And after this they called me Richard Duke of York, second Son to Edward IV, because King Richard's Bastard-Son was in the Hands of the King of England. And upon this they entred into this false Quarrel; and within short time after, the French King sent Embassadors into Ireland, viz. Lyot Lucas and Stephen Frayn, and so I went into France, and thence into Flanders, and thence into Ireland, thence into Scotland, and so into England again.
But let us return to the Affairs of Ireland, 1498. which were briskly managed by the Lord Lieutenant; He called a Parliament at Trim, which met on the twenty sixth of August, in the fourteenth Year of the King's Reign, which must be anno 1498. (and not 1499. as it is mistaken in the printed Statutes, for the King began his Reign the twenty second Day of August, 1485.). There is but one Act of this Parliament extant; and that is, To make all the Statutes in England, about the Officers of the Custom-house, to be of force in Ireland, after Proclamation at Dublin and Drogheda. A very needless Law certainly, since it could have but four Years retro-spect, all former English-Statutes being ratified here, by Poyning's Act of 10 Hen. 7. cap. 22.
In the mean time, Henry O Neal, who had murdered his Brother Con, was this Year served in the same kind, by Tirlagh and Con, Sons of the former Con: And not long after, the Lord Lieutenant invaded Ʋlster, in favour of the aforesaid Tirlagh O Neal, who was his Nephew by the Mother; he was joyned by O Donel, Macguire, and all Tirlaghs Friends, and effectually besieged Dungannon, took the Castle, and set at Liberty all the Prisoners that Neal mac Art O Neal kept there; and forced Neal mac Art himself to submit and give Hostages.
The Ʋlster Expedition being over, the Lord Deputy, in October, marched to Cork, where he placed a Garrison, and [Page 195] forced the Inhabitants of that City, and of Kingsale, to swear Allegiance, and to bind themselves thereunto both by Indentures and Hostages; which it seems he thought were stronger Obligations upon them than their Oaths.
After his return, in the beginning of March, Ware's Annals. he held another Parliament at▪ Dublin, by the Title of Lord Deputy to Henry the King's second Son (who it seems was about this time made Lord Lieutenant); but there is no Record remaining of what they did, except some Amercements or Fines they imposed on some that were summoned to that Parliament, and did not appear.
The Lord Deputy began the Year 1499 with an Expedition into Connaught, 1499. where he took the Castles of Athleage, Roscomon, Tuilsk and Castlereagh, and placed Garrisons in them. And in the mean time Tirlagh O Brian (who after the Death of Gil-duff was Chief or Lord of Thomond) had great Contests with Sir Pierce Butler, about Preys and Bounds of Land, (which according to the Custom of these Times) centred in a Battle, wherein the Butlers were defeated, and the Sovereign of Kilkenny was slain.
It seems that there was another Parliament held at Castledermond (which Town, I suppose, was then, and still is, belonging to the Earls of Kildare) on the twenty sixth of August, which gave the King and his Heirs an Impost of twelve Pence per Pound of all Merchandize imported to be sold here,Irish Stat. 43. Wine and Oyl excepted. And it is probable, That there were some Orders (if not Acts) That the Nobility should ride on Saddles,Ware's An. 60. according to the English Custom, and should wear their Robes in Parliament: And both the Clergy and Laity gave the King a Subsidy.
The Printed Book of Statutes has only the first of these Acts, and places the Parliament in anno 1500. which is undoubtedly a Mistake. And Sir James Ware ascribes the aforesaid Act against Customers to this Parliament; which is also a Mistake: And both these Oversights will appear, and [...] rectified, if you rightly consider the beginning of the King [...] Reign, the twenty second of August, 1485. and that the Earl of Kildare was Lord Lieutenant 14 Hen. 7. when [...] Act was made, and was Lord Deputy when the later [...] sate: And that this change of his Title happened [...] later end of the Year 1498.
It seems that the Male-contents in Ireland, having los [...] their beloved Idol, Perkin Warbeck, would not so give out, but were active to set up the Bastard-Son of Richard the Third, or some body that should personate him; but it came to nothing.
[Page 196] And so we are come to the Year of Jubile, 1500. which concludes the Fifteenth Century, and brought with it large Indulgences from the Pope, Alexander the Sixth, to be distributed by his Agent Gasper Pow, to all the King's Subjects, who would contribute to the War against the Turks; but if we may believe Polydor Virgil, the Irish had the good Manners to thank the Pope for his Favour, and the Wit to keep the Money in their Purses.
But the Lord Deputy made another Expedition into Ʋlster, probably in favour of his Nephew Tyrlogh O Neal; for as soon as he had taken the Castle of Kinard, he made Tyrlogh Governor of it, and returned.
On the First of August the Charter of Cork was restored, and their Priviledges enlarged by a new Charter; which was followed by a sad Accident; for David Barry Arch-Deacon of Cork and Cloyne, murdered his own Brother, William Lord Barry, and was himself serv'd in the same kind, by Thomas Barry, and his Body taken out of the Grave, and burnt by Command of the Earl of Desmond.
And so we must close this Century with the accidental and unfortunate Conflagration of the Town of Galway (which was first governed by a Provost, then Sovereign and Bayliffs, then Mayor and Bayliffs, and now by Mayor and Sheriffs) and with very wet and bad Weather, which continued from the middle of September to the End of Winter.
Leinster and Munster were indifferent quiet all this Year;1501. but Ʋlster and Connaught were far otherwise; one of the O Connors took the Castle of Sligo by Assault, and many private Murders were committed in Ʋlster; O Neal also and the Scots had some Bickerings near Armagh, on the 17th of March, to the Damage of the later, who lost four Captains and sixty Souldiers; and to this time we must refer these Bald Verses, representing the miserable Estate of Armagh.
The next Year produced a General Murrain amongst the Cattel all over Ireland, and many Murders in Ʋlster, upon private and frivolous Quarrels.
But in the beginning of the Year 1503.1503. the Lord Deputy went to England, leaving
[Page 197] Walter Fitz-Symons, Archbishop of Dublin, Lord Deputy; but he staid not above three Months in England; for having done his Business to his Mind, he return'd in August, with great Honour and new Instructions.
Girald, Earl of Kildare, Lord Deputy, being returned, did about the latter end of Autumn, make another Expedition into Ʋlster, where he took and destroyed the Castle of Belfast, and placed one Stanton, and a good Garrison in Carigfergus, and then marched back to Dublin.
In the mean time, Theobald Burk, Proprietor of Muskry-Cuirk in Munster, was slain in a Skirmish with Donough O Carol, and Cornelius O Dwyer; but another of the Burks had better Fortune in Connaught; for he defeated Malachiah O Kelly, and all his Party.
On the 18th of February Girald Fitz-Girald (the Lord Deputy's Eldest Son) was made Lord High Treasurer of Ireland, of whom we shall read more hereafter.
But the Irish Lords finding themselves too weak separately to oppose Kildare, as they used to do to other Governors, many of them confederated together; the Principal of them was, Ʋlick Burk, Chief of Clanricard, commonly called Mac-William, Tyrlogh O Brian, Chief of Thomond, Melrony O Carol, &c. and got together the greatest. Army that had been in Ireland since the Conquest; whereof the Lord Deputy having notice, he also assembled his Forces, and being accompanied by the Lords of Gormanstown, Slane, Delvin, Killen, Houth, Trimletston, and Dunsany, John Blake, Mayor of Dublin, O Donel, O Reyly, Ware, 71. the Bishop of Ardah, the Gentlemen of Annaly (now Longford) and some Townsmen of Drogheda, and some others from the North; he marched into Connaught, and on the 19th of August, at Knocklow, both Parties met, and fought a bloody Battel,1504. which was for some hours very dubious; but at last, the Lord Deputy got the Victory, with the Slaughter of four thousand of his Enemies, (nine thousand, says the Book of Houth) and he also took some Prisoners; amongst whom the two Sons of Ʋlick Burk, were the chiefest; it is prodigious, that not one Englishman should be so much as hurt in this mighty Battel; and yet in the white Book of the Exchequer it is so recorded.Holingshead, 79 The Consequence of this great Victory, was the Surrender of Gallaway and Athenry, the Destruction of that whole Country, and the overloading the Conquerors with Prey and Booty.
Kildare being returned, bestowed thirty Tun of Wine upon his Souldiers, and the King bestowed a Garter on him, and made him a Companion of The Order; and though some say,Davis, 59. this War was commenced on private Distaste, yet it is more certain that it determined to the Publick Advantage.
[Page 198] Walter Fitz-Symons, Archbishop of Dublin, was sent by the Lord Deputy and Council; to give his Majesty an Account of this prodigious Success, and to treat with his Majesty about other Matters of State: He departed the 20th of September, and performed what he had in Charge, to the great satisfaction, as well of the King, as of those that sent him, and in a little time return'd to Ireland, with honour and applause.
In the mean time the King was importunate with Pope Julius the Second, to Canonize his Predecessor King Henry the Sixth, and in order to it, he caused a Book to be written of his Virtues and Miracles, and had it Printed: And the Pope recommended the Examination of the Matter to the Bishops of Canterbury, London, Durham, and Winchester, by his Bull, which the Curious may find at large in Sir James Ware's Annals, pag. 73. But it seems nothing farther was done in it; and this is certain, That those who say he was a Good Christian, do nevertheless allow that he was a bad King; for first he lost France from England, and then he lost England from himself.
And now a Provincial was indicted to meet at Tredagh, in July; but the Pestilence raging almost every where in Ireland, but especially in Ʋlster, the Synod was therefore translated to Ardee, in the County of Louth; and there, for the same reason, was suddenly dissolved.
This Plague was followed with a Famine,1505. by reason of the Wetness both of Summer and Autumn, and it was but small Relief the great Charities of Walter Archbishop of Dublin, and John Allen, Dean of St. Patricks, could at that time administer, in the noble Foundation of a Hospital, at S. Kevins in Dublin, to which the Archbishop gave Ground, and the Dean gave considerable Revenues.
The next Year was also unfortunate,1506. not only by the Death of John Payne, Bishop of Meath, who was a very hospitable Man, but also by the accidental Burning of great part of Trim (they say by Lightning) which was at that time the most considerable Town in Meath.
But the Lord Deputy summoned a Parliament to meet at Dublin in October 1508.1508. which it accordingly did; and both the Clergy and Laity gave the King a Subsidy of thirteen shillings and four pence out of every hundred and twenty Acres of Arable Land.Ware, 81.
The Deputy once more invaded Ʋlster, in favour of his Kinsmen the O Neals, 1509. he design'd to recover the Castles of Dungannon and Owny; which he effected; for the Castle of Dungannon surrendred upon the first Summons, and the other he took and demolished, and set at liberty Art Mac Con O [Page 199] Neal, who was Prisoner there; and thus stood the Kingdom of Ireland, which Kildare kept in a better condition than it had formerly been in; for he awed the Rebels by his Reputation; which was obtained partly by his courage, and the fierceness of his Humour, and partly by his great and frequent Success; and he secured the Pale by Castles and Fortifications, built on the Borders; which kind of Defence former Ages had too much neglected. And so on the 22th day of April, the King died, at his Palace of Richmond, in the four and twentieth Year of his Reign, and the three and fiftieth Year of his Age.
THE REIGN OF HENRY VIII. KING OF England and France, Lord (and afterward King) of IRELAND.
HENRY the Eighth, the only, surviving Son of his Father, succeeded, peaceably, to the Throne of his Ancestors,April, 22. 1509. in the eighteenth Year of his Age: In him both Roses were united, for by his Father he was Heir to the Lancastrian Line, and by his Mother to the House of York; and so being without Competitor, was the more capable to effect those great Designs, which he afterwards undertook. He found in the Government of Ireland Gerald Earl of Kildare, whom he continued Lord Justice, (and the Year following made him Lord Deputy) and on good Reasons, for though Kildare was counted Rash and Unpolitick, yet he was a Man of great Interest and Courage, and his Name was more terrible to the Irish than an Army. And here let me observe, once for all, That no Nation in the Word is more governed by Reputation and Appearance than the Irish, the Common People are dejected by a Trifle and elevated for less than nothing: And this Observation is manifestly justified by their frequent Submissions, [Page 201] and their as frequent Rebellions; and if any object their continued Obstinacy to the Irish Interest and Popish Religion, it is easily answered; That as their Fears are without Cause, so their Hopes are without Reason, and that their Hopes exceeded their Fears, is partly to be attributed to the Nature of Man, (facile credimus quod volumus) but chiefly to the Noblemen and Clergy, whose Interest and Business it was to keep the Mobile always in Expectation, and to make them believe, That one Day or other the Popish Interest would prevail.
The King unwilling to disturb an infant Government, by unnecessary and disobliging Changes, did likewise continue all the Officers of State in their Dignities; who together with the Deputy, and the Mayor, Aldermen and Citizens of Dublin, immediately proclaimed him, King of England and France and Lord of Ireland, with as much Formality and State as the time could afford; which was followed with the Shouts of the People, ringing of Bells and Bonfires, as is usual; and the like was done in the other chief Cities and Towns: After which, on the twenty fourth Day of June, the King and the Queen were crowned at Westminster, by Warham Archbishop of Canterbury.
Kildare being now made Deputy, designed an Expedition into Munster, 1510. he levied an Army in the Counties of Dublin, Louth, Meath and Kildare, and was also assisted by Hugh O Donel, Lord of Tyrconnel, they marched into Desmond without Opposition, burning and spoiling all as they went, and there they took some Castles; but as they returned slowly, being loaden with Prey, at Monetrar, in the County of Limerick, Ware's Annals, 87. they met with a great number of their Enemies, led by James, eldest Son of the Earl of Desmond, Tirlagh O Bryan, Chief of Thomond, and Mac William, a Lord of the Burks; both Sides were resolved to fight, which they did desperately, to the great loss of both Parties, especially of the Royalists, who were tired with long Marches, and overburthened with too much Prey; and perhaps it had been fatal to them, if the Night had not ended the Conflict, which gave Kildare the Opportunity to make a safe Retreat the next Day, without further Damage.
This Year there were so great Floods and Inundations,1511. that Trees, Houses and Bridges were overturned in several Places. Cahir O Connor, Prince of Offaly, was murdered by his own Followers, near the Abby called Monasterpheoris, in the King's County: And this Year began the Lateran Council under Julius II, which ended under Leo X, anno 1518.
Kildare having the last Year put himself into a Condition of appearing early and formidably abroad this Spring,1512. undertook [Page 202] an Expedition into Ʋlster; the Castle of Belfast (which he had demolished nine Years since) was now again repaired, but unable to resist the Power of the Deputy, it was again the second time taken and destroyed. It is not recorded that Kildare met with much opposition, so that he had little to do but to burn and waste the Country, and to gather the Preys together; most part whereof he divided among his Soldiers.
Rokeby Archbishop of Dublin held a provincial Synod at Dublin, but what they did non constat, for the Canons are lost: And the Lord Deputy built the new Chappel, in the Choir of Christ Church, Dublin, where himself was afterward buried.
About this time the Citizens of Dublin did assault the Earl of Ormond in S. Patrick's Church, and shooting at random, defaced Images, &c. For which Sacrilege they were enjoyned this Penance, by a Legate sent on purpose, viz. That the Mayor should go barefoot through the City, before the Eucharist, on Corpus Christi Day, which was performed accordingly. But because of the manner of Expression used in those Days, and some other Curiosities in the Story, I will insert it at large, in the Words of Holingshead.
Between Gerald Earl of Kildare and James Butler, H [...]ingshead, 82. Earl of Ormond (their own Jealousies, [...]ed with Envy and Ambition, kindled with certain lewd factious Abetters on either side) as generally to all Noblemen, so especially to both those Houses very incident, ever since the ninth Year of Henry the Seventh, bred some trouble in Ireland: The Plot of which mutual Grudge was grounded upon the factious Dissention, which was in England between the Houses of York and Lancaster, Kildare cleaving to York and Ormond relying to Lancaster; to the upholding of which Discord, both these Noblemen laboured with Tooth and Nail to overcrow, and consequently to overthrow one the other: And for so much as they were in Honour Peers, they wrought by Hook and by Crook, to be in Authority Superiors. The Government therefore, in the Reign of Henry the Seventh, being cast on the House of Kildare, James Earl of Ormond, a deep and far reaching Man, giving back like a butting Ram, to strike the harder Push, devised to inveagle his Adversary by Submission and Courtesie, being not then able to over-match him with Stoutness or Preheminence: Whereupon Ormond addressed his Letters to the Deputy, specifying a Slander raised on him and his, That he purposed to deface his Government, and to withstand his Authority: And for the clearing of himself and his Adherent, so it stood with the Deputy his Pleasure, he would make his speedy Repair to Dublin, and there, in an open Audience, would purge himself of all [Page 203] such odious Crimes, of which he was wrongfully Suspected.
To this reasonable Request had the Lord Deputy no sooner condescended, than Ormond with a puissant Army marched towards Dublin, incamping in an Abby in the Suburbs of the City, named S. Thomas Court; The approaching of so great an Army, of the Citizens suspected, and also of Kildare's Counsellors, greatly disliked. Lastly, the Extortion that the lawless Soldiers used in the Pale, by several Complaints detected. These three Points, with divers other suspicious Circumstances laid and put together, did minister occasion rather of further Discord, than of any present Agreement: Ormond persisting still in his humble Suit, sent his Messenger to the Lord Deputy, declaring, That he was prest, and ready to accomplish the Tenor of his Letters, and there did attend (as became him) his Lordship his Pleasure; and as for the Company he brought with him from Munster, albeit suspicious Brains did rather of a malicious craftiness surmise the worst, than of charitable Wisdom did judge the best; yet notwithstanding, upon Conference had with his Lordship, he would not doubt to satisfie him at full, in all Points, wherewith he could be with any Colour charged, and so to stop up the Spring, from whence all the envious Suspicions gushed.
Kildare, with this mild Message intreated, appointed the Meeting to be at S. Patrick his Church; where they were ripping up one to another their Mutual Quarrels, rather recounting the Damages they sustained, than acknowledging the Injuries they offered: The Citizens and Ormond his Army fell at some jar, for the Oppression and Exaction with which the Soldiers surcharged them; with whom as part of the Citizens bickered, so a round knot of Archers rushed into the Church, meaning to have murthered Ormond, as the Captain and Bell-Wether of all this lawless Rabble. The Earl of Ormond suspecting that he had been betraied, fled to the Chapter-House, put too the Door, sparring it with Might and Main. The Citizens, in their Rage, imagining, That every Post in the Church had been one of the Soldiers, shot hab nab, at random, up to the Rood-Loft, and to the Chancel, leaving some of their Arrows sticking in the Images.
Kildare pursuing Ormond to the Chapiter-House-door, undertook on his Honour, That he should receive no Villany. Whereupon the recluse craving his Lordships Hand, to assure him his Life, there was a Clift in the Chapiter-House-Door pierced at a trice, to the end both the Earls should have shaken Hands and be reconciled. But Ormond surmising that this Drift was intended for some further Treachery, that if [Page 204] he would stretch out his Hand, it had been percase chopt off, refused that Profer, vntil Kildare stretch'd in his Hand to him, and so the Door was opened, they both embraced, the Storm appeased, and all their Quarrels for that present rather discontinued than ended. In this Garboil one of the Citizens, surnamed Blanchfield, was slain. This latter Quarrel being like a green Wound, rather bungerly botcht than soundly cured, in that Kildare suspected, That so great an Army (which the other alledged to be brought for the Guard of his Person) to have been of purpose assembled, to outface him and his Power, in his own Country, and Ormond mistrusted, That this tracherous Practice of the Dublinians, was by Kildare devised. These and the like Surmises, lightly by both the Noblemen misdeemed, and by the continual twatling of Fliring Clawbacks in their Ears, whispered, bred and fostered a Malice betwixt them and their Posterity, many Years incurable; which caused much Stir and Unquietness in the Realm, until the Confusion of the one House, and the nonage of the other, ended and buried their mutual Quarrels.
Ormond was nothing inferior to the other in Stomach, and in reach of Policy far beyond him. Kildare was in Government mild, to his Enemies stern, to the Irish such a Scourge, that rather for despite of him, than for Favour of any part, they relyed for a time to Ormond, came under his Protection, served at his Call, performed by Starts (as their manner is) the Duty of good Subjects. Ormond was secret, and of great forecast, very staid in Speech, dangerous of every Trifle that touched his Reputation. Kildare was open and plain, hardly able to rule himself, when he was moved to Anger; not so sharp as short, being easily displeased and sooner appeased; being in a Rage with certain of his Servants, for Faults they committed, one of his Horsemen offered Master Boice (a Gentleman that retained to him) an Irish Hobby, on condition, That he would pluck an Hair from the Earl his Beard. Boice taking the Profer at rebound, stept to the Earl (with whose good Nature he was throughly acquainted) parching in the Heat of his Choler, and said, So it is, and if it like your good Lordship, one of your Horsemen promised me a choice Horse, if I snip one Hair from your Beard. Well, quoth the Earl, I agree thereto, but if thou pluck any more than one, I promise thee to bring my Fist from thine Ear.
But after all, this simple Story is founded on a Mistake, for the Earl of Ormond (whose Name was Thomas) lived in England, in great Repute, all the Reign of Henry the Seventh, and afterwards until his Death, anno 1515, and therefore the Person intended by the Story must by Sir James Ormond, [Page 205] formerly Lord High Treasurer, whom I have often mentioned in the Reign of the last King.
But this digression has been too long,1513. let us therefore return to the Lord Deputy, whom we shall find animated with the last Years Success, and resolved to invade Ely O Carol early in the Summer; but his Preparations being great, took up more time than he thought they would require; but at last they were got ready, and he began his March in August, but at Athy he fell sick, and from thence was removed to Kildare, where on the third Day of September he died, and was buried in Christ Church in Dublin, to which he had been a liberal Benefactor: And thus were the great Designs of this mighty Lord defeated, even in the midst of his Career, and at the very time when he promised himself most Glory and Success.
Gerald Earl of Kildare, Son of the deceased Earl, and Lord Treasurer, was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer,Spelm. Glos. 334. made Lord Justice by assent of the Council: But it seems, that afterwards, viz. 32 Hen. 8. there was a Statute made, intituled, An Act for the electing of the Lord Justice; which restrained the Council from electing any body but an Englishman born, and not in Orders.
The Lord of Slane was made Lord High Treasurer, and Sir William Crompton Lord Chancellor, and all other publick Matters were ordered as well and expeditiously as they could; nevertheless, so much time was taken up in these Alterations, and in the Formalities of State, that the Season was too far spent for any military Action this Year, so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce; nor did the rest of the Irish find any Opposition this Winter, but ravaged over the Country as they pleased: However, they paid dearly for it the next Spring.
For the valiant Earl of Kildare, 1514. who was Heir to his Fathers Courage, as well as to his Honour, grew impatient at the Insolencies of O More and O Reyly, and therefore resolved to attack them successively: He began with O More, and invaded the county of Leix, and beat that Rebel and his Party into the Woods; which being done, he turned aside into the Brenny, and took the Castle of Cavan, and having slain Hugh O Reyly and many of his Followers, he chased the rest into their inaccessible Fastnesses, and then burnt and destroyed the Country, and returned loaden with Booty.
William Viscount Gormanstown was the thirteenth of June made Lord Justice,1515. probably in the Absence of the Earl of Kildare, who might then go to England to confer with the King about the Parliament designed to be holden in the [Page 206] Spring: But however that be, it is certain▪ That
Girald Earl of Kildare was by the King made Lord Deputy, and on the twenty fifth Day of February held a Parliament at Dublin, which by several Prorogations continued until the Thursday after Michaelmas, 1517.Ware, 92. This Parliament gave the King a Subsidy, and made one good Act for those times, viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England, until the Accuser enters into Recognizance in the Chancery of Ireland, to pay the Defendant his Costs and Damages, if he be acquit; which very much abated that vexatious Course of Proceeding, so that it is now obsolete and quite out of use.
On the third Day of August, Ware, 93. died Thomas Earl of Ormond, at London; he had been Embassador into France, Privy-Counsellor in England, and had Place in the English Parliament above all the Barons: He was the richest Subject the King had, and left forty thousand Pound in Money, besides Jewels, and as much Land to his two Daughters in England, as at this Day would yield thirty thousand Pound per annum; but he left no Issue Male to enjoy his Irish Estate, which therefore descended to his Kinsman, Sir Pierce Butler Earl of Ormond.
The Lord Deputy to repress the Incursions of the bordering Irish,1516. and to shew himself as fit for War as Peace, invaded Imaly, and slew Shane O Toole in Battle, and sent his Head to the Mayor of Dublin: Thence he marched into Ely O Carol, where he was joyned by several Noblemen of Munster and Leinster of English Extraction, and particularly by Pierce Earl of Ormond, and James, eldest Son of the Earl of Desmond; and being strengthned with this Supply, he undertook the Seige of Lemevan-Castle, which the Garrison defended for a Week, and then by Night deserted, and left it to be demolished (as it was) by the Lord Deputy. With this good Success he was encouraged to attempt the Town of Clonmel; which he did with so much celerity, that the Townsmen (being surprized) immediately surrendred upon Conditions: And so the Deputy ended this Campeign, and returned loaden with Hostages, Prey and Glory.
It is worthy observation, That the Irish had great Expectations of Advantage this Year, by reason of a blind Prophecy, generally believed among them,Ware, 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike: It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition: But however that be, this is certain, That Superstition hath been often fatal to the Irish Nation.
But Kildare finding it necessary to advance his Victorious Arms in Ʋlster, 1517. reinforced his Troops, and marched into [Page 207] Lecale, where he took the Castle of Dundrum, which had been very offensive to the neighbouring English; thence he marched against Fylemy Macgenis, whom he easily conquered and took Prisoner, with the Slaughter of many of his Followers: And so having wasted that Country, he marched into Tyrone, where he took and burnt the Castle of Dungannon, and preyed and burnt all the Country thereabouts.
But the Citizens of Dublin had not so good luck, for a Company of them (thinking that the very Name of the King's Forces, could obtain Victories over the Irish) made an Incursion into Imaly; but being (as we say) Fresh-Water Soldiers, upon the Slaughter of a few of them, the rest were frightned back to their Shops.
The Winter this Year was exceeding Cold, and the Ice strong enough to bear all manner of Carriages, which is very unusual in Ireland: And this Winter Queen Mary was born, whose Superstitious Zeal proved as extream Hot, as the Weather was Cold.
The Fortune and Victories of the Lord Deputy, influenced the Irish to be quiet this Year, and the Reputation of the Government was somewhat augmented, by the Honourable Peace which the King made with the French,1518. in September, which was afterwards proclaimed in Dublin.
In the mean time,Ware, 54. places this Anno 1597. but is mistaken. great were the Dissentions in Ireland, between Sir James Ormond, a Man of great Courage and Reputation, and Sir Pierce Butler, a valiant Gentleman, about the Earldom of Ormond; the former was a Natural Son of John (by some called Earl of Ormond) elder Brother of Thomas, the last Earl; and the other was Son of Sir James Butler, Son of Sir Edmund, Son of Sir Richard Butler, who was Brother to James, the Fifth Earl of Ormond, so that Pierce his Grandfather (Sir Edmond) was Cozen German to the Deceased Earl Thomas.
Hereby it appears that the Right to that Earldom, was in Sir Pierce, who had married the Lady Margaret Fitz-Girald, the Lord Deputies Sister; nevertheless, Sir James, having formerly been Lord Treasurer, and a very popular Man, and probably the Manager of this Estate, for his Unkle Thomas, who always resided in England, by the help of the Tenants, got into possession, and by the same assistance, and his own vigor, he kept what he had got, without allowing any thing to the right Heir towards his maintenance; whereby that Noble Pair (Sir Pierce and his Wife) were reduced to great extremity.
It is scarce credible that Persons of that Quality, and so well allied, should be forced to lurk in Woods, and want a Bottle of Wine for their Refreshment;Holingsh. 84. and yet Stanyhurst [Page 208] reports a formal Story, That the Lady Margaret Fitz-Girald, (Wife of Sir Pierce Butler) being great with Child, complained to her Husband, and their Servant James White, that she could no longer live on Milk, and therefore earnestly desired them to get her some Wine; whereto Sir Pierce replied, That she should have Wine enough within twenty four hours, or feed alone on Milk, for him; and immediately he went away with his Page, to lie in wait for his Competitor, whom he met the next day (riding with six Horsemen Attendants) between Drumore and Kilkenny, March 17. and upon a sudden Sir Pierce rushed in upon him, and kill'd him with his Spear, and thenceforward enjoyed the Estate in quiet.
This Year Rokeby, Archbishop of Dublin (who was likewise Lord Chancellor) held a Provincial Synod at Dublin, the Canons whereof are to be found in the Registry of the Bishop of Clogker: And this Year or the next Art O Neal invaded and wasted O Dogherty's Island of Inisowen in the County of Donegal.
The Enemies of the Earl of Kildare, had the last year done what they could underhand to disgrace him in England; but he had so well defended himself by his Friends there,1519. that their Design was ineffectual; wherefore they address'd themselves to Cardinal Wolsey, and by his means procur'd Kildare to be recalled, to answer Articles exhibited against him for Male-administration.
First,Ware, 98. That he had enriched himself and Followers by the King's Revenue and Land.
Secondly, That he had Alliance and Correspondence with several Irish; he had the King's Leave to substitute a Deputy; so he appointed
Sir Thomas Fitz-Girald of Lackagh, a Knight of his own Family, Lord Justice; in the mean time Kildare marries in England with Elizabeth Grey, Daughter of the Marquess of Dorset; by whose means he got favour in England, and was dismiss'd; but Cardinal Wolsey suggesting the King had neglected Ireland too long, and that some worthy man ought to be sent over, that was impartial to any Faction or Party, and was able to keep them not only more peaceable amongst themselves, but also more serviceable to the King, to the end that the Blood and Vigor, which else would be spent in their Civil Dissentions, might be opposed to the common Enemy, he procured to be sent into Ireland,
Thomas Howard, Earl of Surrey, Lord Admiral of England, Wales, and Ireland, Knight of the Garter, Lord Lieutenant,1520. he came over the Wednesday before Whitsontide, with an hundred of the Guards, and a thousand others, Horse and Foot; by this the Cardinal obtained a double Advantage; [Page 209] first, In disappointing his Enemy, the Earl of Kildare of the Government of Ireland; and secondly, In removing the Earl of Surry from the Court of England, where he was a great Favourite.
On Whitsunday the Lord Lieutenant was alarum'd with a Report, That Con Buckah O Neal (who by Popular Election succeeded his Brother Art) had invaded Meath (with four thousand Horse, and twelve thousand Foot, says Paulus Jovius, but falsly:) Surry was in haste to encounter the Rebel, not doubting but that the Victory would be an honourable and happy Omen of his future Government; and therefore adding to his small Army such of the Militia (called The Risings out) of City and Country, as he could get on so short warning, he marched to Slane; but O Neal was frightned with the Name of this General, and retir'd so fast, that the Lord Lieutenant could neither find him nor his Army; but not long after, O Neal sent Letters to implore Pardon; which was granted him, on promise of future Obedience.
On the sixth of September, the Lord Lieutenant wrote to the Cardinal, That some Soldiers had seized on a Boat, with design to be Pyrates; but being prevented and apprehended, they continued in Gaol, because they could not be capitally punished by the Common Law, and he had no Clause of Martial Law in his Commission (as indeed he had not, nor of conferring Knighthood, which is strange) and the better to ingratiate with the Cardinal, he added, That the Earl of Kildare will be found guilty of sending Letters to O Carol, to raise a Rebellion; and that if Kildare should be suffered to come to Ireland, the whole Kingdom will be undone; and he concludes, That there is so great a Scarcity and Dearth in Ireland, that the Soldier cannot live on four pence a day, and therefore desires that a penny a day may be added to their Pay.
In October, Lib. CCC. the King wrote to the Lord Lieutenant, That there will never be a thorough Reformation in Ireland, until all the Irish are amesnable to Law, and have the Benefit of it; and not long after a Commission of Martial Law, and of conferring Knighthood, was sent to the Lord Lieutenant; and he was ordered to Knight O Neal and other Irish Potentates, and the King sent a Collar of Gold to O Neal, and ordered the Lord Lieutenant to prevail with them (if possible) to visit the King and Court of England, in hopes to inure him to Civility, and a regular way of Living; and the same Letter orders Surry to propose a Match between the Earl of Ormond's Son, and Sir Thomas Bullen's Daughter.
[Page 210] In the mean time, the Earl of Kildare was set at liberty on Bail, his Adversaries not being able to prove any thing to the purpose against him; and soon after he was received into Favour, and attended the King into France, and was present at the Interview of both Kings, near Calice.
Maurice Fitz-Thomas of Lackagh, was basely murdered by the O Moors in Leix, and Maurice, Earl of Desmond, being dead, his Son and Successor, James, soon after met the Lieutenant at Waterford, where the Earls of Ormond and Desmond, by his means were reconciled, and mutually perfected Indentures of Agreement, and gave Hostages for the performance of them.
The Earl of Surry was brisk upon the Birns, 1521. and in October drove them from place to place, into their Fastnesses and lurking holes; which gave Quiet to the rest of the Pale; and it had need of it; for by the wetness of the Harvest, Corn became very scarce. This Lieutenant was resolved to make the Army serviceable, and as an instance of his Discipline, he disbanded Sir John Bulmer's Troop, for their Inexperience or Cowardize.
Surry calls a Parliament, which met at Dublin, the fourth of June, and Enacted many good Laws, viz.
1. That wilful Burning of Houses or Reeks of Corn, be Treason.
2. That the Transporter of Wool or Flocks, shall forfeit double Value.
3. Because there are but few Free-holders in the four Shires where the King's Law is used, therefore he that has ten Marks per annum, may be Juror in Attaint.
This Parliament ended (after several Prorogations) the twenty first of May, 1522, and not in March, as it is in Sir James Ware's Annals 102.
Whilst Surry was at Dinner in the Castle of Dublin, News was brought him, that the O Mores, who had confederated with the O Conners, O Carol, and other Irish, against the English, (which they counted the common Enemy) were on the Borders of the Pale; wherefore, as well to repel them, as to revenge the aforesaid Murder of Maurice Fitz-Thomas, the Lord Lieutenant, accompanied with the Mayor of Dublin, and a choice Band of Citizens, and several of the Nobility, and their Attendants, invaded Leix, (which is a Country full of Woods and Bogs.) The Irish divided their Forces into several Parties, and having Intelligence, that the Carriages and Baggage of the Army was slenderly guarded, they took their opportunity to attack that part, and did it so briskly, that several of the Lord Lieutenant's Soldiers fled; but the Valour of Patrick Fitz-Simons [Page 211] is recorded by the Historian, to have preserved that necessary Concern of the Army, and to have cut off, and brought to the Mayor's Tent two of the Rebels Heads.
Nor perhaps had so small a thing been known to the Lord Lieutenant, or recorded in History, but by the means of Fitz-Simons's his Enemies; for the cowardly Soldiers that fled, laid the blame on Fitz-Simons; who, to justifie himself, produced the two Heads, and retorted the Crime of Cowardise upon his Accusers, and so obtained both Reward and Honour, by a great, but frequent Providence of Divine Justice, that turns even the Malice of our Enemies to our Advantage.
It must be observed, That in these Irish Wars, it was harder to find the Enemy than conquer them. O More's Army, that was just now in a Body formidable to the Pale, is now divided into small Parties, and those sculking in thick Woods and deep Bogs.
Whilst the Lord Lieutenant marched through these Wildernesses, a Rebel that lay in Ambush on the side of a Wood, shot at him, and struck the Vizor off his Helmet, but did not hurt him. Much ado they had to find the stubborn Tory, but at last they got him, and Fitz-Williams and Bedlow were forced to hew him to piecs; for he would not yield.
This Accident manifested the Danger of the March, and turned their Arms into Offaly, where they besieged Monaster-pheoris, but after a Day or two, the Garrison frightned with the great Guns, ran a way by Night: So Surry left a Garrison there, and burnt the Country till the twenty third of July. But O Conner had not only removed the Corn and Cattle beforehand, to deprive the English of Sustenance and Prey, but very wisely invaded Meath, hoping by that Diversion to preserve his Country.
But whether Surry's Expedition and Intelligence occasioned it, or that the Rebels designed to fight him, it matters not, since it is certain that they met,Ware's Annals, 104. and that whatever they resolved or bragged of beforehand, when it came to the Tryal their Hearts failed them, and Surry got a Victory almost without Blow, and made great Slaughter in the Pursuit, his only Loss being the valiant Lord of Dunsany, who (probably) was too eager in the the Chase of the Rebels.
O Carol pretended that the Earl of Kildare had instigated him to this Rebellion. However, (as Surry phrases it in his Letter to the King) he made Peace with the King and his Lieutenant, and gave his Son and Brother Hostages for the performance of it.
[Page 212] In the mean time Cardinal Wolsy, who was Legate de latere in England, sent over Bulls and Dispensations into Ireland, by his Factor and Register John Allen; Lib. CCC. but it seems they did not turn to account, for Allen, in his Letter to the Cardinal, complains, they went off but slowly, because the Irish had so little sense of Religion, that they married within the Levitical Degrees, without Dispensations, and also because they questioned his Grace's Authority in Ireland, especially out of the Pale.
O Donel was lately returned from Rome, and by Letters and Messages promised great Matters, as well from his own People as the Scottish Islanders, if he might be received into Favour;Ibid. wherewith the Lord Lieutenant was so wheedled, that he not only granted his Pardon, but highly commended his Loyalty, in a Letter to the King. And in confidence of O Donel's Integrity, the Lord Lieutenant, accompanied by O Neal, and four hundred Horse, four hundred Gallowglasses and eight hundred Kerne, undertook an Expedition into Ma [...] Mlaghlins Country, but O Donel most perfidiously took the Opportunity of O Neal's Absence to invade him and Mac Genis, and burnt seventeen Villages in their Countries, and took considerable Preys; whereupon O Neal was forced to return, and Surry's Expedition was Fruitless.
This Lord Lieutenant wrote a notable Letter to the King, on the thirtieth of June, Lib. H. Lambeth. to this effect, That the Irish were not to be reduced but by Conquest, and that if the Army undertook but one Province at once, then two thousand five hundred Men would suffice; but their Con [...]ederacies would make it necessary to attack them in several Places at once, and then less than six thousand would not do the Business, all which must be paid and victualled out of England: That Ireland is five times as big as Wales, and therefore the Conquest would not be perfected in ten Years: And that when it is conquered it must be inhabited by a new Colony of English, for the Irish will relapse, do what you can.
In Munster there were great Fewds between James Earl of Desmond and Cormock Oge Lader Mac Carthy of Muskry; Ware's Annals 104, says Mac Carty Riagh, but is mistaken. the Archbishop of Dublin and other Commissioners went to Waterford to appease them, but in vain, for Desmond persisted to burn and prey Mac Carthy's Lands. And Cormock Oge was not backward to revenge the Injury, for being Confederate with Sir Thomas Desmond, the Earl's Unkle, and yet implacable Enemy, they fought a Battle with the Earl in September, killed one thousand of his Men, put himself to Flight, and took two of his Unkles (John and Gerard) Prisoners.
But the Lord Lieutenant,January, 1521 Lib. H. being weary of the Government, or indisposed in his Health, obtained the King's leave to return; [Page 213] and left behind him a good Reputation, and (by the King's Orders) his intimate Friend
Pierce Earl of Ormond, February. Lord Deputy, who fearing the Defection of the Irish, because the Earl of Surry had carryed with him all the Forces he brought out of England, whereby the Army was left exceeding weak. And being also doubtful of an Invasion from the Scots, he desired of the Cardinal, That six of the King's Ships might be ordered to cruise between Ireland and Scotland.
I have seen a Patent of Denization, to Charles Mac Carthy of Castlemore, too long here to be recited, though there are many things observable in it, particularly the Proviso, Quod idem Cormacus homagium ligeum nobis faciet ut est justum: And I suppose the like Proviso was in all other Patents of that sort, and imported that the should have the Benefit of the Law no longer than they persisted in their Allegiance.
But though the King's Army was not in Action,1522. yet O Neal's and O Donel's were, for the last Years Injury manet alta mente repositum: However, they managed their Wars rather like Tories than Soldiers, for after some light Skirmishes, O Neal pretending a Retreat, on a sudden rushed into Tyrconnel, where he burnt and demolished all he could find, and particularly O Donel's best Castle (of Ballyshanon): Which he in the mean time revenged, by an incursion into Tyrone, and thence returned, loaden with Prey and Prisoners. And thus these valiant Princes made War, almost fatal to both sides, without Blows or Battle.
But let us leave the Camp and a while turn to the Court,Lib. H. where we shall find an Irishman, sent by Mac Gilpatrick, Chief of Ʋpper Ossory, to the King, to complain against the Deputy: He met the King going to Chapel, and delivered his Embassie in these Words, Sta pedibus Domine Rex, Dominus meus Gillapatricus me misit ad te, & jussit dicere, Quod si non vis castigare Petrum Rufum, ipse faciet bellum contra te.
This Year was fatal to Ireland, no less by the Plague than the Sword, it raged especially at and about Limrick, the Mayor whereof died of that Distemper. And about this time died the famous Poynings, and at Christmas the City of Rhodes was forced by the Turk.
The Earl of Kildare (who returned in January last) got leave of the Deputy to invade the Country of Leix; 1523. and being accompanid with Jons Fitz-Simons, Mayor of Dublin, and some Citizens, he entred the Country, and burnt a few Villages; but he was intercepted by an Ambush, and lost a great many of his Followers, and with some Difficulty made his Retreat.
[Page 214] And now Jealousies and Discords began to arise between the Earls of Ormond and Kildare, which were so maliciously fomented by evil Instruments, that the Affinity between them was little considered, nor did their Animosities determine otherwise, than by the Ruine of one Family, and the Infancy of the other.
Among all their Followers James Fitz Gerald had most Credit with Kildare; and Robert Talbot of Belgard, was the chief Favorite of Ormond: This Talbot was going to keep his Christmas at Kilkenny, with the Deputy, but being met by James Fitz Gerald near Ballymore, was by him slain, or rather murdered; which so exasperated the Earl of Ormond, that he immediately sent to England an Impeachment against Kildare.
Hereupon a Commission issued to Sir Ralph Egerton, 1524. Sir Anthony Fitz-Herbert, and James Denton, Dean of Litchfield, to examine that Matter; with Instructions, That if the Earl of Kildare purged himself of the Crimes objected, that then they should depose the Deputy, and place Kildare in his room. This Commission and Instructions were procured by the Marquess of Dorset, Kildare's Father-in-Law, and the Success was according to his Desire, for after a slight Enquiry into this Affair, the Commissioners made a formal Agreement between both Earls, by an Indenture dated the twenty eighth of July, and in a little time after deprived Ormond of the Government; and placed in his stead
Gerald Earl of Kildare, Lord Deputy. It seems that his Patent, and other necessary Circumstances were prepared beforehand, for the Indentures made between the King and this Earl bear date the fourth of August, 16 Hen. 8. and import, That he took the Government as from Midsummer before, and that the Earl of Ormond should receive the Revenue till that time.
That the Earl shall support the Government of Ireland with the Revenue of the Country, and shall not take Coyn and Livery,Lib. H. but at Hostings, and then his Soldiers shall be content with Flesh, Bread and Ale on Flesh-Days, or two Pence in lieu of it, and Fish or Butter on Fish-Days, or two Pence in lieu of it; the Foot Soldiers shall be content with three half Pence a Day, in lieu of the said Allowance; and Boys shall be content with what they can get, or a Penny in lieu of it; and each Trooper shall take but twelve Sheaves of Oats a Night, or two Pence in lieu thereof.
The Day this Lord Deputy was sworn Con O Neal carried the Sword before him to Thomas-Court, where he entertained the Commissioners at a splendid Banquet.
[Page 215] And so these Commissioners having determined this great and some lesser Controversies, returned into England, and according to their Instructions, carried with them the aforesaid James Fitz-Gerald, as a Prisoner. The Cardinal (Wolsy) the implacable Enemy of the Giraldines, was glad of this occasion to affront that Noble Family, and therefore caused this James Fitz-Gerald, to be carried through the City of London, to Prison, with a Rope about his Neck. Nevertheless, it so happened afterwards, that by the Intercession of the Dean of Litchfield, James obtained his Pardon, and was sent back home, in spight of the Cardinal.
James Earl of Desmond, a Man of great Power and Estate in Munster, had for some time designed a Rebellion, and to that end, by his Agent Anthony Doily, had solicited Francis the First, the French King for Assistance, and entred into Covenants with him, anno 1523. however, it came to nothing, because of the Peace that ensued between both Kings, upon which this Intrigue was fully discovered.
The Deputy had Orders to apprehend Desmond, and to that end did march into Munster; but either that Earl's Intelligence, or Kildare's Correspondence with him prevented the Arrest; the latter was vehemently suspected, and not without Reason, because of the great Friendship and the Consanguinity between them.
After this, the Earl of Kildare and Con O Neal, invaded Tyrconnel; but upon notice, That Hugh O Neal (Competitor with Con) was up in Tyrone, they clapt up a Peace with O Donel, and turned their Forces against O Neal, whom they totally defeated and slew.1525. Maurice Cavenaugh, Arch-Deacon of Leighlin had barbarously murdered his Diocesian, Maurice Doran, at Glanreynold, for which he and his Complices were hanged and their Bowels burnt.
The last Year there was a great Dearth, by reason of a Wet Autumn, and this Year there was a great Plague, especially about Dublin, by reason of a Hot Summer.
Con O Neal and Manus O Donel, Ware, 118. repaired to Kildare, to reconcile their Controversies;1526. but after many Altercations and Disputes, they returned re infecta.
But Kildare had not only engaged the Birnes to serve the Earl of Desmond, Lib. CCC. but also by his Letter of the eighteenth of July, invited Desmond to meet him in Ossory; and this Letter being intercepted by the means of the malicious Cardinal, Kildare was sent for to England, to answer an Impeachment against him; and particularly,
I. That he did not obey the King's Orders, to apprehend Desmond.
[Page 216] II. That he had contracted Alliance with several of the King's Irish Enemies.
III. That he had executed several good Subjects, only because they were Dependants upon the Family Ormond.
IV. That he had made private Confederacies with O Connor, and other Enemies, to invade the Territories of Ormond, when he was Deputy.
Upon this, Kildare was imprisoned in the Tower of London; and being brought to the Council-Table, Cardinal Wolsy, then Lord Chancellor, as the Mouth of that Honourable Board, spoke to him as followeth.
I wot well (my Lord) that I am not the meetest at this Board to charge you with these Treasons, because it hath pleased some of your Pew-fellows to report, That I am a professed enemy to all Nobility, and namely to the Giraldines; but seeing every shrewd Boy can say as much when he is controlled, and these Points so weighty, that they should not be dissembled of us, and so apparent, that they cannot be denied of you; I must have Leave (notwithstanding your stale Slander) to be the Mouth of these Hononrable Lords, at this present, and to trump your Treasons in your way, howsoever you take me. First, You remember how the lewd Earl of Desmond, your Kinsman, (who passeth not whom he serveth, might he change his Master) sent his Confederate with Letters of Credence unto Francis, the French King; and having but cold Comfort there, went to Charles the Emperor, proffering the Help of Munster and Connaught, towards the Conquest of Ireland, if either of them would help to win it from our King: How many Letters, what Precepts, what Messages, what Threats have been sent you to apprehend him, and yet not done? Why so? forsooth I could not catch him: Nay, nay, Earl, forsooth you would not watch him. If he be justly suspected, why are you partial in so great a Charge? if not, why are you fearful to have him tried? Yea, for it will be sworn and deposed to your Face, that for fear of meeting him, you have winked wilfully, shunned his Sight, altered your Course, warned your Friends, stopped both Ears and Eyes against his Detectors; and whensoever you take upon you to hunt him out, then was he sure aforehand to be out of your Walk. Surely this jugling and false Play little became either an honest Man, called to such Honour, or a Nobleman put in so great Trust: Had you lost but a Cow or a Horse of your own, two hundred of your Retainers would have come at a Whistle, to rescue the Prey from the uttermost edge of Ulster: All the Irish in Ireland must have given you the way. But in pursuing so needful a Matter, as this was, merciful God, How Nice, how Dangerous, how wayward have you been? one while he is from [Page 217] Home, and another while he keepeth Home, and sometimes fled, sometimes in the Borders, where you dare not venture. I wiss, my Lord, there be shrewd Buggs in the Border, for the Earl of Kildare to fear; the Earl, nay the King of Kildare: For when you are disposed, you Reign more like than Rule, in the Land. Where you are pleased the Irish Foe standeth for a just Subject; Hearts and Hands, Lives and Lands are all at your Courtesie; who fawneth not thereon, cannot rest within your Smell; and you smell so rank, that you track them out at Pleasure.
Whilst the Cardinal was speaking, the Earl chafed and changed Colour; and at last brake out, and interrupted him thus.
‘My Lord Chancellor, I beseech you pardon me, I am short-witted, and you, I perceive, intend a long Tale; if you proceed in this order, half my purgation will be lost for lack of Carriage. I have no School-tricks, nor Art of Memory; except you hear me, while I remember your Words, your second Process will hammer out the former.’
The Lords associate, who for the most part loved Kildare, and knew the Cardinal's manner of Taunts so ready, being inured therewith many years together, humbly besought his Grace to charge him with Particulars, and to dwell in some one Matter, until it were examined throughly.
‘That granted, it is good reason (quoth the Earl) that your Grace bear the Mouth of this Board: But (my Lord) those Mouths that put these things into your Mouth, are very wide Mouths, such as have gaped long for my wreck; and now at length for want of better Stuff, are fain to fill their Mouths with Smoak. What my Cozen Desmond hath compassed, as I know not, so I beshrew his naked Heart for holding out so long. If he [...]an be taken by mine Agents, that presently wait for him, then have mine Adversaries bewrayed their Malice, and this heap of heinous Words shall resemble a Scare crow, or Man of Straw, that seemeth at a Blush to carry some proportion, but when it is felt and poized, discovereth a Vanity, serving only to fear Crows; and I verily trust your Honours shall see the proof by the thing it self within these few days. But go too; suppose he never be had; What is Kildare to blame for it, more than my good Brother of Ossory, who, notwithstanding his high Promises, having also the Kings Power, is yet [Page 218] content to bring him in at leisure? Cannot the Earl of Desmond shift, but I must be of Council? Cannot he hide him, except I wink? If he be close, am I his Mate? If he be befriended, am I a Traytor? This is a doughty kind of Accusation, which they urge against me, wherein they are gravell'd and mir'd at my first denial. You would not see him (say they:) Who made them so familiar with mine Eye-sight? Or, when was the Earl within my view? Or, who stood by when I let him slip? Or, where are the Tokens of my wilful Hoodwink? But you sent him word to beware of you: Who was the Messenger? Where are the Letters? Convince my Negatives; see how loose this idle Gear hangeth together. Desmond is not taken; well, you are in fault: Why? Because you are: Who proveth it? No body: What Conjectures? So it seemeth: To whom? To your Enemies. Who told it them? They will swear it. What other Ground? None. Will they swear it, my Lord? Why then of like they know it; either they have my hand to shew, or can bring forth the Messenger, or were present at a Conference, or privy to Desmond, or some body bewrayed it to them, or they themselves were my Carriers or Vicegerents therein: Which of these Parts will they chuse? For I know them too well; To reckon my self convict by their bare Words, or heedless Sayings, or frantick Oaths, were but meer Mockery. My Letters were soon read, were any such Writing extant; my Servants and Friends are ready to be sifted: Of my Cozen Desmond, they may lie loudly, since no man here can well contrary them. Touching my self, I never noted in them so much Wit, or so fast Faith, that I would have gaged on their silence the Life of a good Hound, much less mine own. I doubt not, may it please your Honours, to oppose them, how they came to the knowledge of these Matters, which they are so ready to depose; but you shall find their Tongues chained to another mans Trencher, and as it were, Knights of the Post, suborn'd to say, swear and stare, the utmost they can, as those that pass not what they say, nor with what face they say it, so they say no truth: But on the other side, it grieveth me, That your good Grace, whom I take to be wise and sharp, and who, of your blessed disposition, wisheth me well, should be so far gone in crediting these corrupt Informers, that abuse the ignorance of your State and Countrey, to my peril. Little know you, (my Lord) how necessary it is, not only for the Governor, but also for every Nobleman in Ireland, to hamper the uncivil Neighbors at discretion, wherein, if they waited for Process of Law, and had not those Lives and Lands you [Page 219] speak of, within their reach, they might hap to lose their own Lives and Lands without Law. You hear of a Case, as it were, in a Dream, and feel not the smart that vexeth us. In England there is not a mean Subject that dare extend his hand to fillip a Peer of the Realm: In Ireland, except the Lord have Cunning to his Strength, and Strength to save his Crown, and sufficient Authority to take Thieves and Varlets when they stir, he shall find them swarm so fast, that it will be too late to call for Justice. If you will have our Service take effect, you must not tie us always to those judicial Proceedings, wherewith your Realm (thanked be God) is inured. Touching my Kingdom, I know not what your Lordship should mean thereby: If your Grace imagine, that a Kingdom consisteth in serving God, in obeying the Prince, in governing with Love the Commonwealth, in supporting Subjects, in suppressing Rebels, in executing Justice, in bridling blind Affections, I would be willing to be invested with so Vertuous and Royal a Name; but if therefore you term me a King, in that you are perswaded that I repine at the Government of my Sovereign, or wink at Malefactors, or oppress civil Livers, I utterly disclaim that odious Term, marvelling greatly, that one of your Graces profound Wisdom, would seem to appropriate so sacred a Name to so wicked a thing: But howsoever it be (my Lord) I would you and I had changed Kingdoms but for one Month, I would trust to gather up more Crumbs in that space, than twice the Revenues of my poor Earldom; But you are well and warm, and so hold you, and upbraid not me with such an odious Term. I slumber in a hard Cabin, when you sleep in a soft Bed of Down; I serve under the King's Cope of Heaven, when you are served under a Canopy; I drink Water out of my Skull, when you drink Wine out of Golden Cups; my Courser is train'd to the Field, when your Jennet is taught to Amble; when you are Graced, and Belorded, and Crouched, and Kneeled unto, then find I small Grace with our Irish Borderers,’ except I cut them off by the Knees.
Hereupon the Cardinal finding that Kildare was no Fool, adjourned the Cause till farther Proof could be produced; however, being fretted at this Speech, he remanded the Earl to the Tower, contrary to the Opinion of most of the Council;Speed, 775. it seems he was afterwards Bayl'd on the Recognizance of the Duke of Norfolk, and was again imprisoned upon some Light the Cardinal had gotten of the Message to O Neal and O Connor, which Kildare had sent by his Daughter the Lady Slane. It is reported, That whilst the Earl and the [Page 220] Lieutenant of the Tower were at Play together at Slide-groat, a Mandate was sent by the Cardinal to execute Kildare the next day: Whereupon, he changing Countenance, the Earl swore by S. Bride, That there was some mad Game in that Scroll; but fall how it will, this Throw is for a huddle, says he:Speed, 775. And being told of the Contents of the Letter, he desired the Lieutenant to know the King's Pleasure therein; which he did, and the King was surpriz'd at the thing; for he knew nothing of it: and to controll the Sawciness of the Priest (as he phrased it) gave the Lieutenant his Signet for a Countermand; whereat the Cardinal stormed: But it seems to me that this Story is a meer Fiction, because I find not one Word of Kildare's Trial; and it is not credible that they would execute a Man of his Quality, before he was legally Tried and Condemned: Afterwards this Earl was again enlarged out of Prison on very considerable Bayl, viz. the Marchioness Dowager of Dorset, Ware, 119. the Marquess of Dorset, the Lords Fitz-Walter and Mountjoy, the Bishop of S. Asaph, Richard Lord Grey, John Lord Grey, Leonard Lord Grey, Sir Henry Gilford, Sir John Zouch, and John, Abbot of Vale-Royal, and was, not long after restored to the King's Favour.
When the Earl of Kildare went to England, he substituted his Brother
Thomas Fitz Girald of Leixlip, Lord Deputy; but he in a very little time was forced to quit the Sword to
Richard Nugent, 1527. Lord Baron of Delvin, Lord Deputy, who could the easier keep the Kingdom quiet, because the great Enemies and Competitors, the Earls of Kildare and Ormond, were both in England; and about this time it hapned, that the Title of Ormond was taken from Sir Pierce Butler; who, in lieu thereof, was with great Pomp created Earl of Ossory, 1528. at Windsor the 23d of February. And whoever is curious to see the Copy of the Patent,Ware says 1527. and a large and full Account of the whole Solemnity, may find it, Lib. G. 121,Baker says, 1529. in the Library at Lambeth; and particularly, that he gave the Trumpeters twenty Pounds; whereas the great Earl of Tyrone gave them but forty Shillings.
About the same time, Sir Thomas Bullen (who had married one of the Daughters and Co-heirs of Thomas Earl of Ormond) was (as it were,Selden's Tit. of Honour, 840. in her Right) Created Earl of Wiltshire and Ormond; and though there is but one Patent for both Titles, yet there are several Clauses of Investiture, several Habendums, and several Grants of Creation-Money.
It has been already observed, That many Irish Potentates had received Pensions for many years, on the account of [Page 221] giving Protection to the King's Subjects, or at least, of sparing them from Plunder; and although this scandalous and dishonourable Tribute was duly paid, yet the Irish did not perform their Engagements, but made frequent Sallies and Incursions as they had opportunity, and particularly this very Spring, O Connor made an irruption into the Pale,1528. and carryed away much Prey and Plunder into Offaly; it seems the L. Deputy was too weak to revenge this Outrage by force,Ware's Annals, 121. all that he could do, was to withold O Connor's Pension; which he did: Hereupon the Rebel complained, as if he had received the greatest Injury, and desired to have a Parly with the Lord Deputy about it on the 12th of May; the Lord Deputy consented, and came at the time appointed, not doubting but that he should convince all the World, and even O Connor himself, of the unreasonableness of his Demand; but alas, he was mistaken; O Connor did not intend to argue the Matter fairly, but was resolved to help himself by a Stratagem, (as they call it) for he perfidiously set upon the Deputy, and took him Prisoner, and killed and wounded many of his Attendants: And thereupon the Council chose
Pierce Earl of Ossory, Lord Deputy; who being returned from England, came to Dublin, accompanied with O More, O Carol, and one of the O Connors, and a numerous Train: The first thing he did, was to send a Message to O Connor to enlarge the Lord Delvin; but he received a flat Denial, and therefore the Lord Deputy and Council did by Act of State suspend the aforesaid Pension, and not long after, all those Pensions, and the like Irish Exactions were suppressed, and for ever extinguished by Act of Parliament.Ware, 122.
The Sweating Sickness (called Sudor Anglicus) was fatal to many of the Irish this Year; amongst the rest, the Lord Chancellor died of it, and was succeeded by the aforesaid Alan, a Creature of Wolsy's, raised by him to this Office, purposely to oppress the Earl of Kildare.
That unfortunate Earl, continuing his Enmity against the Earl of Ossory, sent his Daughter (the Lady Slane) from Newington into Ireland, to excite his Brothers and Friends O Neal and O Connor, and whomsoever else she could, to oppose the Lord Deputy; and she was unhappy in being successful in her Negotiation; for she procured much Mischief to the Lord Deputy, and great Devastations on his Lands, which afterward occasion'd great Trouble and Danger to her Father, as aforesaid.
The Famous Emperor Charles the Fifth, sent his Ambassador Gonzagues, to the Earl of Desmond, to stir him to Rebellion: The Emperor's Instructions bear Date at Tol [...]do, Feb. 24. and are,1529. to treat with Illustrissime il Conde de Desmond, &c. [Page 222] But this Embassie was ineffectual, because that Earl died at Dingle the eighteenth of June, 1529. He left one only Daughter, who was afterwards married to James (the sixth of that Name) Earl of Ormond; so that he was succeeded in the Earldom of Desmond, by his Unkle and Enemy Thomas Moyle.
And now was the King's Divorce publickly ventilated in England, and the Pope revoked his Legates, and resumed the Cause to himself, which enraged the King, and was the Ruine of Cardinal Wolsy.
In the mean time the King made his Natural Son, Henry Fitz-Roy, Duke of Richmond and Somerset, Lord Lieutenant of Ireland; and sent over
Sir Willian Skeffington, Lord Deputy; he arrived in August with Mony, and with two hundred Horse, accompanied by the Earl of Kildare, freed from all his Troubles, and were received by the Citizens of Dublin with great Joy: His Instructions were,
- I. To preserve the Peace between the Earls of Kildare, Desmond and Ossory; that so they might be the better able to assist the Deputy and the common Cause.
- II. To be on the Defence only.
- III. To make no Hostings without Advice of Council.
- IV. To assist the Earl of Kildare (privately, I suppose) in his Designs against the Irish.
- V. To moderate the Exactions of the Soldiers.
- VI. To subject the Lands of the Clergy to their part of the Publick Charge.
- VII. To call a Parliament. And,
Lastly (which is the strangest of all) to endeavour to get a Subsidy before the Parliament sit.
About the same time Edmond Butler, Archbishop of Cashel, indicted a Provincial Synod at Limerick; at which were present Nicholas Bishop of Lismore and Waterford, John Bishop of Limerick, Ware, 125. and James Bishop of Killaloo; they gave Power to the Mayor of Limerick to imprison Ecclesiastical Debtors until they pay their Debts, without incurring any Excommunication, of which Constitution or Canon the inferior Clergy grievously complained; alledging, That it was a Breach of their Priviledge.
But let us return to the Lord Deputy, who invaded the Territory of Leix, 1530. to suppress the Insolencies of O More and O Connor, and their Confederates; he destroyed O More by slight but frequent Skirmishes: And so having preyed the Country, he returned with these happy First-Fruits of his Government.
[Page 223] In the mean time the great Minster of State, Cardinal Wolsy, came to Disgrace in England, and died the last Day of November: And about the same time great Jealousies and Misunderstandings began to arise, in Ireland, between the Lord Deputy and the Earl of Kildare.
Nevertheless, The Lord Deputy took that Earl to his Assistance, in his Expedition into Ʋlster, and there they took the Castle of Kinard, and returned loaden with Prey and Plunder, according to the Custom of those Times. And with this Atchievment Hugh O Donel was frighted into a Submission; which (being himself sick) he performed by his Delegates Con O Faghil Abbot of Derry, and Richard O Craghan, 1531. who, in the behalf of their Master, perfected Indentures, and swore Fealty to the King, in presence of the Lord Deputy,Davis, 105. at Tredagh, on the sixth of May, 1531. And at the same time, it is probable, he made the Proposal, mention by Sir John Davis, Quod si Dominus Rex velit reformare Hiberniam, He and His would gladly be governed by the Laws of England.
O Sullevan tells us a Story,Sullevan, 77. with great Ostentation, That an English Ship took a Spanish Vessel that was fishing on the Coast of Ireland, near the Dursies: And that his Grand-Father, Dermond O Sullevan, Prince of Bear and Bantry, having notice of it, manned out a small Squadron of Ships, and took both the Englishman and the Spaniard, and hanged the English Captain, but set the Spaniard at Liberty: By which may be easily perceived, What sort of Inclinations that sort of Men bear to an Englishman, and what kind of Loyalty they paid to their King, when they murdered his Subjects and cherished his Enemies.
But the Animosities and Feuds between the Lord Deputy and the Earl of Kildare did every Day increase, and at length came to that height, that they reciprocally impeached each other in England; and Kildare did wisely to sail thither, and personally solicite his own Affairs, which he managed so successfully, that Skeffington was superseded, and
Girald Earl of Kildare made Lord Deputy in his stead: He also procured Alan, the Lord Chancellor (a Creature of Wolsies) to be removed, and Cromer, Primate of Armagh, to be placed in the Chancery,July 5. 1532. in his room. Nevertheless, lest Kildare should grow too powerful, the King, to ballance him, gave the Lord High Treasurers Staff to James Lord Butler; who, notwithstanding that he was Kildare's Nephew, was nevertheless his bitter Enemy, and heartily espoused the Quarrels of his Father, the Earl of Ossory, as it was his Interest and Duty to do.
[Page 224] But the Earl of Kildare having again gotten the Supreme Power into his Hands, little valued the Opposition of his Enemies. On the contrary, he was transported with the Contemplation of the prodigious Success he had hitherto met with, and presumed so far on its continuance, that he precipitated himself into many vain and unaccountable Actions; for he not only married two of his Daughters, to O Connor and O Carol (obstinate Enemies to the Crown of England), but also with his Forces invaded Kilkenny, and destroyed all he found belonging to the Earl of Ossory and his Friends; he also persuaded his Brother, John Fitz-Girald and O Neal, to invade the County of Louth; which they burned and preyed, without Resistance: And all these Extravagances contributed to the Destruction of a Noble Family, and to leave this Earl of Kildare an Example to Posterity, of the great folly of using Power immoderately.
On the nineteenth of May, 25 Hen. 8. which was anno 1533 (and not 1534, as is mistaken in the printed Statutes) the Parliament met and enacted,
- I. That sturdy Beggars should not leaze Corn, nor any Body out of his Parish: And that no Body should give Sheaves of Corn for Reaping or Binding: And in all these cases the Corn may be taken away from the Transgressor.
- II. That the Parsonage of Galtrim should be appropriated to the Priory of S. Peter's near Trim.
- III. That the Royal Fishing of the Banne be resumed into the King's Hands:Ware's Annals, 130.But this last Act is not printed.
At this Parliament the Controversie was renewed between Cromer, Primate of Armagh, and Allan Archbishop of Dublin, about Precedency in Dublin, which was determined in favour of the Primate.
O Carol, that married Kildare's Daughter, was Tanist and Brother to the deceased O Carol, and by the Law of Tanistry claimed the Signiory; but the Son of the Desunct (being of Age and a brisk Man) would not be so served, and therefore as Heir to his Father, he seized on the Castle of Bir, which the Lord Deputy, in favour of his Son-in-Law, undertook to besiege, and did so, but it was in vain, for at that Siege he received a Shot in his Head, which sent him back faster than he came out; and though he regained his Health, yet he never recovered his Intellectuals, but was ever after (as we say) A little crackbrained.
It is reported, That when he was wounded he sighed deeply; which a Soldier (that was by) observing, he told his Lordship, That himself had been shot three times, and yet was recovered: To whom the Earl replyed, Would to God thou hadst also received the fourth Shot in my stead.
[Page 225] About this time John Allen, who had been Clerk of the Council, and was now Master of the Rolls, (a Creature of the deposed Chancellor Alans) was sent by the Council into England about Publick Affairs:Lib. [...]. His Instructions were, To acquaint the King with the Decay of the Land; and that neither English Order, Tongue or Habit, nor the King's Laws are used above twenty Miles in compass: That this Decay is occasioned by the taking of Coyn and Livery, without Order, after Men's own sensual Appetites; and taking Cuddees, Garty and Caan for Felonies, and Murder, Alterages, Bienges, Saults and Slanciaghs, &c. And that they want English Inhabitants, who formerly had Arms and Servants to defend the Country; but of late, the English Proprietor hath taken Irish Tenants, that can live without Bread or good Victuals; and some for Lucre, to have more Rent; and some for Impositions and Vassalage, which the English cannot bear, have expelled the English, and made the Country all Irish, without Order, Security or Hospitality. Formerly, English Gentlemen kept a Retinue of English Yeomen, according to the Custom of England, to the great Security of the Country, but now they keep Horsmen and Kernes, who live by oppressing the poor People. The great Jurisdiction of the Nobility is another Cause of destroying the King's Subjects and Revenue: And the Black Rents, which the Irish exact, enriches them, and impoverisheth the Englishman. Also the making of a Native chief Governour, and often change of the Lord Deputy are great Faults: And ill keeping of the King's Records, and putting unskilful Clerks in the Exchequer, do occasion much Mischief: But the Alienation of the Crown Lands, so that the King's Revenue is not sufficient to defend the Realm, is the greatest Grievance of all.
It is probable that these Instructions were kept secret from the Lord Deputy; for it cannot be imagined, That he would have consented, that Articles, which in effect were an Impeachment of himself, should be communicated to the King; and in truth Allen's Errand was to accuse the Deputy, and he was imployed so to do by the Archbishop of Dublin, the Earl of Ossory, Ware, 131. Sir William Skeffington and others; and he performed his Commission so effectually, that the Lord Deputy was sent for (by the King's Letter) to repair to England, and answer the Crimes that were objected against him.
Kildare did all he could to evade, or at least procrastinate that Voyage which was to be fatal to him and his Family; he sent his Wife to use the Interest of her Friends, in England, and to alledg several vain Pretences; and particularly, [Page 226] That the ill Posture of Affairs, in Ireland, could not permit his Absence: But all these Contrivances proving ineffectual, at last he seriously prepared to begin the Voyage.
But before he went, he furnished all his Castles, especially Minooth and Ley, with Guns and Ammunition out of the King's Store, although he had the King's express Command to the contrary, imparted to him by the Master of the Rolls (Allen) in the presence of the Bishop of Meath and others; and the Act of Attainder also mentions, That he furnished the Wild Irishmen, being the King's Mortal Enemies, with Arms and Ammunition out of his Majesty's Stores; which is not improbable, because of his Allyance with O Connor and O Carol.
It is certain, That, Quos Deus vult perdere dementat; and the brave Earl of Kildare is a plain Example of it, for being ordered by the King to leave a Deputy, for whose Fidelity he would answer, he substitutes his own Son, Thomas Fitz-Girald, 1534. a forward rash Youth, scarce one and twenty Years old; who nevertheless had Qualities worthy of his House, and perhaps would, in time, have exceeded all his Ancestors, if by laying this too great Burthen on his weak Shoulders, so early, they had not broken his Back in the beginning.
It seems the Earl had some Jealousies of what afterwards hapned, and therefore to qualifie his Son's youthful Passions, in some measure, before he delivered him the Sword, he spoke to him as followeth, before the Council, at Drogheda, where he presently after imbarqued, and set sail for England.
Son Thomas, Holingsh. 88. I doubt not, but you know, That my Sovereign Lord the King hath sent for me into England, and what shall betide me God knoweth, for I know not; but howsoever it falleth, both you and I know, That I am well stept in Years: And as I may shortly dye, for that I am Mortal, so I must in haste decease because I am old: Wherefore, insomuch as my Winter is well near ended, and the Spring of your Age now buddeth, my Will is, That you behave your self so wisely in these your Green Years, as that to the Comfort of your Friends, you may enjoy the Pleasures of Summer, glean and reap the Fruits of your Harvest, that with Honour you may grow to the catching of that hoary Winter, on which you see me your Father fast pricking. And whereas it pleaseth the King his Majesty, That upon my Departure here hence, I should substitute in my room such a one for whose Government I would answer: Albeit I know that your Years are tender, your Wit not setled, your Judgment not fully rectified; and therefore I might be with good cause reclaimed from putting a naked Sword in a young Mans Hand: Yet notwithstanding, [Page 227] forsomuch as I am your Father, and you my Son, I am well assured to bear that Stroke with you, in steering your Ship as that upon any Information, I may command you as your Father, and correct you as my Son, for the wrong handling of your Helm.
There be here that sit at this Board, far more sufficient Personages, for so great Charge than you are; But what then? If I should cast this Burthen on their Shoulders, it might be, That hereafter they would be so far with Envy carried, as they would percase hazzard the loss of one of their own Eyes, to be assured that I should be deprived of both mine: But forsomuch as the case toucheth your Skin as near as mine, because (as I said before) I rest in the Winter, and you in the Spring of your Years, and now I am resolved Day by Day to learn rather, How to die in the Fear of God, than to live in the Pomp of the World. I think you will not be so brain-sick, as to stab your self through the Body, only to scarifie my Skin with the Point of your Blade; wherefore, my Son, consider, That it is easie to raze and hard to build; and in all your Affairs be ruled by this Board, that for Wisdom is able, and for entire Affection it beareth to your House, will be found willing, to lesson you with Sound and Sage Advice; for albeit in authority you rule them, yet in Council they must rule you. My Son, you know that my late Maims stifle my talk, otherwise I would have grated longer on this Matter, for a good Tale may be twice told, and a sound Advice, eftsoons iterated, taketh the deeper Impression in the attentive Hearer's Mind. But although my fatherly Affection requireth my Discourse to be longer, yet I trust your good Inclination asketh it to be shorter: And upon that Assurance, here in the presence of this Honourable Assembly, I deliver you this Sword.
Thus he spake for his last Fare-well, with trickling Tears; and having ended, he rose up, imbraced the Council, committed them to God, and immediately after imbarked, leaving
Thomas Fitz-Girald Lord Deputy;1534. to whom both the Allens were bitter Enemies: One of them being Master of the Rolls, told the Lord Deputy, at a Banquet where they were, discoursing of Heraldry, That his Lordships House gave a Marmoset, whose Property it was to eat her Tail: To whom the Deputy replyed, That he had been fed by his Tail, and should take care, that his Tail did not eat him. Another time the Council waited three or four Hours for the Lord Deputy's coming; whereat the Archbishop being dissatisfied, he asked the Lords, Whether it were not a pretty Matter, that all they should stay so long for a Boy? Which Words the Lord Deputy over-heard, being just coming up Stairs; and as soon as he entred, he told their Lordships, He [Page 228] was sorry they should stay so long for a Boy; whereat the Archbishop was somewhat out of countenance.
The Enemies of the Giraldines had spread abroad a Report, that the Earl of Kildare was Beheaded in the Tower, and that the same Fate was designed for the Lord Deputy and all his Unkles, and Letters were purposely spread abroad to that effect; one of which, by a strange Accident came to the hands of James de la Hide, Principal Counsellor to the Lord Deputy; by whose perswasion the Lord Deputy consederated with O Neal, O Connor, and others, and on the eleventh day of June rode through the City of Dublin to Damsgate, accompanied with seven score Horsemen in their Shirts of Mayl, and there crossed the River, and went to S. Mary Abby, where the Council, according to Appointment, waited his coming; and whilst he was sitting in Council, some of his Followers rudely rush'd into the Council-Chamber, Armed as they were, and fell to talking aloud; until at length, Silence being commanded, the Lord Deputy spake as followeth;
Howsoever injuriously we be handled,Holingshead, 90. and forced to defend our selves in Arms, when neither our Service, nor our good Meaning towards our Prince's Crown, availeth; yet say not hereafter, but in this open Hostility which here we profess and proclaim, we have shewed our selves no Villains nor Churls, but Warriors and Gentlemen. This Sword of Estate is yours, and not mine; I received it with an Oath, and used it to your Benefit; I should stain mine Honour if I turned the same to your Annoyance: Now have I need of mine own Sword, which I dare trust. As for the common Sword, it flattereth me with a painted Scabbard, but hath indeed a pestilent Edge already bathed in the Giraldines Blood, and now is newly whetted in hope of a farther destruction. Therefore save your selves from us, as from open Enemies; I am none of Henry's Deputies, I am his Foe: I have more mind to Conquer than to Govern, to meet him in the Field, than to serve him in Office: If all the Hearts of England and Ireland, that have Cause thereto, would joyn in this Quarrel (as I hope they will) then should he soon be made sensible (as I trust he shall) of his Tyranny and Cruelty, for which, the Age to come may lawfully score him up among the Ancient Tyrants, of most abominable and hateful Memory.
Having added to this shameful Oration,Ibid. many other slanderous and foul Terms, which, for divers respects I spare to mention, he would have surrendred the Sword to the Lord Chancellor; who, being provided for the Lord Thomas his coming, and also being loth that his Slackness should seem [Page 229] disloyal in refusing the Sword, or his Frowardness over-cruel in snatching it upon the first Proffer, took the Lord Thomas by the Wrist of the Hand, and requested him for the Love of God (the Tears trickling down his Cheeks) to give him Audience for two or three Words; which granted, the Reverend Father spake as ensueth;
‘My Lord, although Hatred be commonly the Handmaiden of Truth, because we see him that plainly expresseth his Mind, to be for the more part of most men disliked; yet notwithstanding I am so well assured of your Lordship's good inclination towards me, and your Lordship so certain of my entire Affection towards you, as I am emboldned (notwithstanding this Company of Armed Men) freely and frankly to utter that, which by me declared, and by your Lordship followed, will turn (God willing) to the Avail of you, your Friends, Allies, and this Country. I doubt not (my Lord) but you know that it is Wisdom for any man to look before he leap, and to sound the Water before his Ship hull thereon; and namely where the Matter is of weight, there it behoveth to follow sound, sage and mature Advice: Wherefore (my Lord) sith it is no May-game for a Subject to levy an Army against his Prince, it lieth your Lordship in hand to breath longer on the Matter, as well by forecasting the hurt, whereby you may fall, as by revolving the hope by which you are fed. What should move your Lordship to this sudden Attempt, I know not: If it be the Death of your Father, it is as yet but secretly mutter'd, not manifestly publish'd; and if I should grant you, that your Zeal in revenging your Father's Execution, were in some respect to be recommended; yet Reason would you should suspend the Revenge until the Certainty were known. And were it that the Report were true, yet it standeth with the Duty and Allegiance of a good Subject (from whom, I hope in God, you mean not to dissever your self) not to spurn and kick against his Prince; but contrariwise, if his Sovereign be mighty, to fear him; if he be profitable to his Subjects, to honour him; if he command, to obey him; if he be kind, to love him, if he be vicious, to pity him; if he be a Tyrant, to bear with him; considering, that in such case it is better with patience to bow, than with stubbornness to break: For sacred is the Name of a King, and odious is the Name of a Rebellion; the one from Heaven derived, and by God shielded; the other in Hell forged, and by the Devil executed: And therefore whoso will observe Histories, or weigh the Justice of God, in punishing Malefactors, shall [Page 230] easily see, that albeit the Sun shineth for a time on them that are in Rebellion, yet such sweet beginnings are at length clasped up with sharp and sour Ends. Now that it appeareth, you ought not to bear Armour against your King, it resteth to discuss whether you be able (though you were willing) to annoy your King: For, if among mean and private Foes, it be reckoned for Folly, in a secret Grudge, to profess open Hatred, and where he is not able to hinder, there to shew a willing mind to hurt; much more ought your Lordship in so general a Quarrel as this, that concerneth the King, that toucheth the Nobility, that appertaineth to the whole Commonwealth, to foresee the King's Power on the one side, and your Force on the other; and then to judge if you be able to cock with him, and to put him beside the Cushion; and not whilst you strive to sit in the Saddle, to lose (to your own undoing) both the Horse and the Saddle.’
‘King Henry is known to be in these our days, so puissant a Prince, and so victorious a Worthy, that he is able to conquer Foreign Dominions, and think you that he cannot defend his own? He tameth Kings, and judge you that he may not rule his own Subjects? Suppose you conquer the Land, do you imagine that he will not recover it? Therefore (my Lord) flatter not your self overmuch, repose not so great Affiance either in your Troop of Horsemen, or in your Band of Footmen, or in your multitude of your Partakers, what Face soever they put now on the Matter, or what Success soever for a season they have; because it is easie for an Army to vanquish them that do not resist; yet hereafter, when the King shall send his Power into this Country, you shall see your Adherents, like slippery Changlings, pluck in their Horns, and such as were content to bear you up by the Chin as long as you could swim, when they espy you sinking, they will by little and little shrink from you, and percase will duck you over head and ears. As long as the Gale puffeth full in your Sails, doubt not but divers will cleave unto you, and feed on you as Crows on Carrion; but if any Storm happen to bluster, then will they be sure to leave you post alone sticking in the Mire or Sands, having least help when you have most need. And what will then ensue of this? The Branches will be pardoned, the Root apprehended, your Honour distained, your House attainted, your Arms reversed, your Mannors razed, your Doings examined; at which time, God knoweth what an Heart-burning it will be, when that with no colour may be denied, which without shame cannot be confessed. My Lord, I pour not out Oracles as a Soothsayer; for I am neither [Page 231] a Prophet nor Son of a Prophet: But it may be that I am some frantick Cassandra, being Partner of her Spirit in telling the Truth, and Partaker of her Misfortune, in that I am not (when I tell the Truth) believed of your Lordship, whom God defend from being Priamus.’
‘Weigh therefore (my Lord) the Nobility of your Ancestors; remember your Father's late Exhortation; forget not your Duty to your Prince; consider the Estate of this poor Country; with what heaps of Curses you shall be loaden, when your Souldiers shall rifle the poor Subjects, and so far endamage the whole Realm, as they are not yet born that shall hereafter feel the smart of this Uproar. You have not gone so far, but you may turn home; the King is merciful, your Offence as yet not over-heinous; cleave to his Clemency, abandon this headlong Folly; which I crave in most humble wise of your Lordship, for the Love of God, for the Duty you ow to your Prince, for the Affection you bear the Country, and for the respect you have to your own Safety, whom God defend from all traiterous and wicked Attempts.’
Having ended his Oration, which he set forth with such a lamentable countenance, as his Cheeks were all blubber'd with Tears, the Horsemen, namely, such as understood not English, began to divine what the Lord Chancellor meant with all this long Circumstance, some of them reporting that he was preaching a Sermon, others said, that he stood making some Heroical Poetry, in the praise of the Lord Thomas; And thus as every Ideot shot his foolish Bolt at the wise Chancellor's Discourse, who, in effect, did nought else but drop precious Stones before Hogs,Holingsh. 91. one Bard de Nelan, an Irish Rithmer, and a rotten Sheep, able to infect a whole Flock, was chatting of Irish Verses (as though his Tongue had run on Pattens) in commendation of the Lord Thomas, investing him with the Title of Silken Thomas, because his Horsemens Jacks were gorgeously embroidered with Silk; and in the end, he told him, That he lingred there over-long: Whereat the Lord Thomas being quickned, did cast his Eye towards the Lord Chancellor, and said thus;
My Lord Chancellor, I come not hither to take Advice what I should do, but to give you to understand what I mind to do. It is easie for the sound to counsel the sick; but if the Sore had smarted you as much as it festereth me, you would be percase as impatient as I am. As you would wish me to honour my Prince, so Duty willeth me to reverence my Father: Wherefore he that will with such Tyranny execute my innocent Parent, and withal [Page 232] threaten my destruction, I may not, nor will not hold him for my King. And yet in truth he was never our King, but our Lord, as his Progenitors have been before him. But if it be my hap to miscarry, as you seem to prognosticate, catch that catch may; I will take the Market as it riseth, and will chuse rather to die with Valiantness and Liberty, than to live under King Henry in Bondage and Villany. And yet it may be, as strong as he is, and as weak as I am, I shall be able like a Flesh-worm, to itch the Body of his Kingdom, and force him to scratch deeply before he be able to pick me out of my Seam: Wherefore, my Lord, I thank you for your good Counsel; and were it not that I am too crabbed a Note in descant to be now tuned, it might be, that I would have warbled sweeter Harmony than at this instant I mean to sing.
With these Words he rendred up the Sword, and flung away like a Bedlam, being guarded with his bruitish Drove of Brain-sick Rebels.
Mr. Sullevan blames him very much for surrendring the Sword,Sullevan, 78. and says it was foolishly done; for under pretence of Authority (had he kept it) he might have held what Castles and Fortifications he pleas'd, and put in what Governours he would; he might have seduced many of the King's Subjects, and have cut the Throat of Alan, and the rest of his Enemies; but I suppose that Author did not duly consider the Perfidiousness and Treachery of the Action he advises.
The Council sent private Orders to the Mayor to apprehend the Lord Thomas; but the City being depopulated by the Plague, was too weak for such an Attempt; and therefore Archbishop Alan, and Chief Baron Finglass, for their security, got into the Castle, under the Protection of the Constable thereof, John White, who was afterwards Knighted for his Service in this Uproar.
Now was the Sword drawn, and the Scabbard flung away, and no room left for an Accommodation; and therefore Fitz Girald did all he could to strengthen his Party; and thinking that if his Cozen, the Lord Butler, could be perswaded to enter into the Confederacy, that all the Kingdom would either side with them, or fall before them, he wrote a pressing Letter, stuffed with large Premises, to invite the Lord Butler into the Association; to which, the Loyal Butler returned this unexpected Answer.
Taking Pen in hand to write you my resolute Answer,Holingsh. 9 [...]. I muse in the very first Line by what Name to call you, My Lord, or My Cozen; seeing your notorious Treason hath distain'd your [Page 233] Honour, and your desperate Lewdness shamed your Kindred, you are so liberal in parting Stakes with me, that a man would ween you had no Right to the Game, so importunate in craving my company, as if you would perswade me to hang with you for good Fellowship: Do you think that James was so mad as to gape for Gudgeons, or so ungracious, as to sell his Truth for a piece of Ireland? Were it so (as it cannot be) that the Chickens you reckon, were both hatched and feathered; yet be thou sure, I had rather in this Quarrel die thine Enemy, than live thy Partner: For the Kindness you proffer me, and good Love in the end of your Letter, the best way I can propose to requite that, is in advising you, though you have fetch'd your Feaze, yet to look well ere you leap: Ignorance and Error, with a certain Opinion of Duty, have carried you unawares to this Folly, not yet so rank but it may be cured: The King is a Vessel of Bounty and Mercy; your Words against his Majesty, shall not be counted Malicious, but rather belched out for Heat and Impotence, except your self, by heaping Offences, discover a mischievous and wilful meaning.
Netled with this round Answer, Fitz-Girald designs to invade the County of Kilkenny; but first he forces an Oath of Fidelity on the Inhabitants of the Pale; and those who refused, he imprisoned as fast as he caught them, and sends Charles Rynold, Arch Deacon of Kells, his Ambassador to Pope Paul the Third, and Dominick Poer to the Emperor Charles the Fifth; to whom he sent twelve great Hawks, and fourteen fair Hobbies; but these Ambassadors came too late, and not till their Master was executed.
And so great was this Rebellion, and the King's Authority so weak, that even the Territory of Fingal, which was wholly a Stranger to Depredations, now lay exposed to the Tools and other Irish; wherein they were assisted by John Burnel, a Gentleman of good Estate in Fingal who favoured this Rebellion.
But the City of Dublin could not suffer this without their own Destruction; for Fingal was their Granary, and most of their Provision came from thence; wherefore a Body of the Citizens sallied to intercept a Prey at the Bridge of Kilmainham; but in the Skirmish, near the Wood of Salcock, (overpowered either in Number or Valour) they were beaten, and fourscore of the Citizens killed.
Fitz-Girald makes the best of this Victory, and whilst the Consternation is on the City, he sends them word, that although he could destroy their City, yet he will do them no harm, if they will permit him to besiege the Castle. The Citizens wisely send one of their Aldermen (Francis Herbert) [Page 234] to the King, to know his Pleasure; and another to the Constable of the Castle, to have his Advice. The Constable made a virtue of Necessity, and not thinking it possible to defend the City, consented to the Demand, provided he were first furnished with Men and Victuals, which was done, and Alderman John Fitz Symons sent into the Castle twenty Tun of Wine, twenty four Tun of Beer, two thousand dry Ling, sixteen Hogsheads of Beef, twenty Chambers, and an Iron Chain for the Draw-Bridg.
But the unfortunate Archbishop afraid of the Success of this Siege, got on board a Ship that Night, near Dames gate, in order to pass for England; but the Vessel was stranded at Clantarfe, and the Archbishop was forced to a Village hard by, called Tartain, thither came Thomas Fitz-Girald, and his Unkles John and Oliver, Sir James Delahide and many others, early the next Morning, having first had notice of the Archbishops being there: The Lord Thomas commands John Teling and Nicholas Wafer to bring out the Archbishop; whom they haled out of his Bed, naked in his Shirt, as he was, bare-footed and bare-headed. The poor Bishop, on his Knees, and with a pitiful Voice and Countenance, begged Pity for the Love of God, on a Christian and an Archbishop.
The Noble Fitz-Girald was too generous to behold that Spectacle without Compassion, and therefore turned aside, saying, Ber owm a Buddagh, (which is, Take away the Clown) intending to imprison him; but the Servants wilfully misconstruing their Master's Words, knockt out the Bishop's Brains, and left a Revenge on themselves, which overtook them all, for Teling afterwards Died of the Leprosie, and Wafer of the French Pox, and Fitz Girald and all his Unkles were publickly executed by the Common Hangman.
Nor is it to be omitted, that all the Murderers were excommunicated; and in the Excommunication are these strange Passages, That no man may be merciful to them, but their Memory to be forgotten: That God would rain Flames of Fire and Sulphur on them: That they may cloath themselves with the Malediction and high Curse, as they daily put on their Garments: That the Water of Vengeance may be in their inner Parts, as Marrow in their Bones: Be they girded with the Girdles of Malediction, and Partakers with Pharoah, Nero, Herod and Judas, the Proditors of Jesus Christ, and with Dathan and Abiram descend into Hell quick: Good Lord send them Hunger and Thirst, and strike them with Pestilence, that they may be consumed, and their Generation clear eradicate: Strike them with Leprosie, Madness, Blindness, &c. And we Interdict all the Places where [Page 235] they go, and the Place where the Archbishop was murdered. But to proceed,
The Rebels took Prisoners from their own Houses, the Lord of Howth, and Luttrel, Chief Justice of the Common Pleas; and the Castle being furnished, the Citizens of Dublin consented to Fitz Girald's former Demands, Of Liberty to besiege the Castle.
Whereupon he sent James Field of Lusk, Teling, Wafer, Broad, Rouks and Purcel, with one hundred Soldiers each, attending on them as their Captains; they planted two or three Falcons near Preston's Innes, over against the Castle, and entrenched themselves with strong Ramparts, threatning to place the Youth of the City thereon, if they in the Castle should shoot that way.
In the mean time Fitz-Girald, accompanied with O Neal, Sir Richard Walsh, Parson of Loughsewdy, Burnel of Ballygriffin, and several others, invaded and burnt the County of Kilkenny, even to Thomas Town: The Earl of Ossory and his Party were at the same time near Jeripont, consulting what to do; and during their Consultation, one of the Butlers stole away with sixteen Horse to make a Bravado; Fitz-Girald espying them, sent an equal number, which were soon followed with one hundred and forty Horse; the Butlers retreated to their main Body, which was surprized by this unexpected Accident, and easily scattered: The Lord Butler was hurt, but made shift to escape to Dunmore, where he was cured.
In the mean time Alderman Herbert returned with an Answer from the King, encouraging the Citizens to a manly Defence, and promising Aid immediately: Whereupon it was resolved by the Citizens, That Faith was not to be kept with Traytors; That their League with Fitz-Girald was void: And they ordered their Gates to be shut; And that the Traytors that besieged the Castle should be apprehended.
Captain Field and his Companions having Notice hereof, began to shift for themselves, some swam over the River, but the most of them were taken Prisoners.
Immediately Fitz-Girald leaves Kilkenny, and summons the Pale to meet him, with all their Power, near Dublin— And in his way he seized upon several Dublin-Children, that were at School in the Country, and particularly Fitz-Simons and Stainhurst; and sent Doctor Traverse, Peter Linch of the Knock, and Oliver Grace, to the Citizens, to expostulate the Breach of the League, and to require, That it might be renewed, or at the least the Prisoners enlarged; but they met with a cross Answer to all their Demands.
[Page 236] Whereupon Fitz-Girald began in Sheep-street to besiege the Castle, but was driven thence by the Ordnance, and the Houses being thatcht were burnt by Wild-Fire, cast in from the Castle; he stopt all the Rivers about the Town, and removed to Thomas-Court, pulled down that Street, and made a sort of a Gallery to shelter his Men; he also burnt the New Street, and planted a Gun against Newgate, which pierced that Gate, and killed an Apprentice of Alderman Stephens's, fetching Water from the high Pipe.
Richard Stanton, Goaler of Newgate, being an excellent Marksman, did great Damage to the Enemy, and particularly, perceiving one of the Rebels level his Gun at the Loop-Hole where he stood, he was so nimble, that he prevented him, and shot the Rebel in the Forehad, and was so hardy, as to issue out at the Wicket and to strip the Varlet, and brought in with him his Gun and his Cloaths. This enraged the Rebels and excited them to Revenge; wherefore they immediately brought Fire and Faggot to the Gate, in hopes to burn it.
The Citizens wisely considered, That Expectation of Spoil would encourage the Rebels to enter the City, and animate them more to fight within than without the Walls; and they also believed, That very many of Fitz-Girald's Army (being Inhabitants of the Pale, and forced to the Camp) were in their Hearts for the City; and this they were induced to believe, because most part of the Arrows shot over the Walls were unheaded. Upon these Considerations they resolved to sally, and gave out from the Walls, That new Succours were come from England, and as if it had been so, immediately rushed out through Fire and Flame, and the Enemy believing they were new-arrived Soldiers, and that the Citizens durst not adventure so briskly, immediately fled, leaving one hundred Gallowglasses slain, and their Falcon taken. Thomas Fitz-Girald himself lurked at the Grey-Fryers, in Francis-street, till next morning, and then he got to the remainder of his shattered Army.
In the mean time the Earl of Kildare was committed to the Tower,Holingshead, 88 because he had contrary to the King's express Command furnished his Castles out of his Majesty's Stores: And though he answered, That it was done to defend the Pale against the Borderers; and that if he designed Treason, he was not such a Fool as to fortifie his Castles, and at the same time to adventure his Person into their Hands; however he stuttered so much, and delivered his Speech in such staggering and maffling manner, that they concluded him Guilty, and committed him: And now hearing of his Son's Extravagancies, he broke his Heart, and died in the Tower in September.
[Page 237] Fitz-Girald being in great want of Artillery and Ammunition, and somewhat cooled by the late defeat, sent James Delahide and others to treat with the City upon these Articles,
- (I.) That his Men that were Prisoners, should be enlarged.
- (II.) That the City should pay one thousand Pound in Mony, and five hundred Pound in Wares.
- (III.) To furnish him Ammunition and Artillery.
- (IV.) To interceed with the King for his Pardon and his Followers.
- Mr Fitz-Symons, Recorder, was appointed to answer to the
- I. That if he would deliver their Children, they would enlarge his Men. To the
- II. That they were impoverished with his Wars, and could not spare either Wares or Mony. To the
- III. If he intended to submit he had no need of them; if he did not, they would not give him Rods to whip themselves: That they expected he would request good Vellam Parchment to ingross his Pardon, and not Artillery to withstand his Prince. To the
- IV. They promised all Intercession they could, by Word or Letter.
Whilst they were treating thus, one William Bath, of Dollars-Town, a Lawyer, stepped forward, and said, My Masters, What need all these Circumstances? Let us all drink of one Cup: Which Words cost him his Life the next year.
It seems Fitz-Girald agreed with the Citizens on their own Terms, and Hostages being given on both sides, he raised his Siege, and sent his Artillery to Houth, but went himself to Minnooth, to see that Castle fortified and furnished.
In the mean time the two Hamertons, with one hundred and eighty Soldiers, arrived out of England at Houth, and on their March to Dublin were encountred near Clantarf by Thomas Fitz-Girald, and two hundred Horsemen; and though they fought valiantly, and one of the Hamertons wounded Fitz-Girald in the Forehead, yet being over-powered, they were all slain or taken Prisoners; and their Ships were forced from Houth, and a Vessel freighted with choice English Geldings, was also taken by Captain Rouks, Fitz-Girald's Pirate, and the Horses were sent to Fitz Girald.
And not long after landed both the Eglebees and Dacres, with their Horsemen, at the Skerries; and Sir William Brereton and his Son John, with two hundred and fifty Soldiers, well appointed; and Captain Salisbury, with two hundred Archers, lastly Landed at the Slip, near the Bridge of Dublin.
[Page 238] Sir William Skeffington, Lord Deputy, he was Master of the Ordnance in England; and therefore was by the Irish, (who put Nick-names upon every Body, even of themselves, as Dermond Buckagh, Tiege Mauntagh, &c.) in derision, called, The Gunner; he was received with great Joy by the City, and had the Sword delivered to him by the Lord of Trimletstone, who was made Chancellor in the place of Archbishop Cromer; Baron Finglass (who wrote a M. S. Treatise of the Decay of Ireland) was made Chief Justice of the King's Bench, as Luttrel was of the Common Pleas, and Girald Ailmer Chief Baron of the Exchequer, and William Brabazon Vice-Treasurer. This Deputy also brought with him Leonard Lord Grey, (designed Marshal of Ireland) and Gracious Letters from the King to the City of Dublin.
That part of the English Fleet, which sailed near Tredagh, met with Brode the Pyrate, and forced him a Ground, so that he and nine of his Men were taken at Tredagh, and sent Prisoners to Dublin; whereat Fitz-Girald was so much enraged, that he threatned to besiege Tredagh, and it is probable he marched that way, for it was averr'd at Dublin, That he was actually before the Town: And therefore the Lord Deputy immediatly, viz. the twenty eighth of October, marched out, to raise the Siege of Tredagh; and he staied in and about that Town, till the fourth of November, and then finding no Enemy near that Place, he returned to Dublin, having first proclaimed Fitz-Girald Traytor, at the High Cross of Tredagh.
The Lord Deputy would have pursued Fitz-Girald and his Confederates, but that the Winter was too near, and himself was indisposed; moreover, he daily expected Supplies of Men and Mony from England; and he knew that Fitz Girald had strengthned his Party by a new Confederacy with O Neal and O Connor: And therefore being necessitated to postpone his Designs till the Spring, some say he made a Truce with Fitz-Girald until January; but that seems improbable, because the Pale suffered exceedingly this Winter, the Preservation of which, must have been the chief Consideration for a Truce, if there were any.
Fitz-Girald had in his Possession six principal Castles, viz, Minooth, Portlester, Rathingan, Catherlagh, Ley and Athy; and having well manned and furnished them, he took a Journey into Connaught, not doubting but that his Castle of Minooth would hold out till his Return; but he was very much out in his Calculation, for the Lord Deputy on the fifteenth of March, laid Siege to that Castle, and placed his Battery on the North Side of the same, towards the Park, and Sir William Brereton, who had slain one hundred of [Page 239] Fitz-Girald's Men on the sixth of March, did now summon the Castle of Minooth, with Offers of Pardon and Reward; to which a scoffing and ludibrious Answer was returned, with much boasting, after the Irish manner: Whereupon the Artillery began to play, but made no considerable Breach in a Fortnights time; and therefore though it was so closely besieged, that there was neither egress or regress from or to the Castle; yet being sufficiently provided of all Necessaries, and particularly of a good Garrison of an hundred choice men, it might have held out until Fitz Girald could come to relieve it.
But the perfidious Governor Christopher Parese (Fitz-Girald's Foster-Brother) a white-Liver'd Traytor, resolved to purchase his own security with his Lord's Ruine; and to that end, got Letters conveyed to the Lord Deputy, importing, that he would surrender the Castle upon certain Articles by him propos'd, all which concerned only his own Profit, without mention of his Safety. The Lord Deputy readily accepted of the Offer, and agreed to the Conditions required: Whereupon, Parese, after some small Advantage they had got in a Sally, caus'd the Garrison to rejoyce and carouse to that degree that they were all dead drunk; and then upon a Signal given, the English scaled the Walls, and entred the Castle; Captain Holland being one of the first, hapned to leap down into a Pipe of Feathers, and there stuck, and Sir William Brereton being got in, cried out, S. George, S. George; whereat one of the Garrison awakened, and shot at Captain Holland; but he being rescued out of the Feathers by his Companions, killed the Souldier: After that, there was little or no resistance; and Sir William Brereton soon advanced his Standard on the Top of the Turret: The Spoil and Plunder of this Castle was exceeding great and rich, this being accounted the best furnished House belonging to any Subject in the Kings Dominions.
The Lord Deputy entred in the Afternoon, before whom, two Varlets, James de la Hide and Hayward, both Choristers, prostrated themselves, warbling a sweet Sonnet, call'd Dulcis Amica; their Melody sav'd their Lives, which, at the request of Chief Justice Ailmer, the Deputy pardoned.
Parese expecting some great Reward, with abundance of Confidence and Familiarity presented himself before the Deputy; who told him, That he was to thank him, on the King's behalf, for his Service, which saved much Charge and many Lives, and doubted not, when the King was acquainted therewith, he would provide for him during his Life; and the better to advise the King how to reward him, he desired to know what Fitz-Girald had done for him: Parese [Page 240] set agog with this Discourse, recounted the most minute instances of Fitz Girald's Liberality to him; upon which, the Deputy reply'd; And how Parese, couldst thou find in thy heart to betray the Castle of so kind a Lord? And turning to his Officers, he bids them pay him the Mony, and then to chop off his Head. Had I known this, quoth Parese, your Lordship should not have had the Castle so easily. Whereupon, one Mr. Boyse being by, cried out, Auntraugh, i. e. too late; which occasion'd the Saying often us'd in Ireland, Too late, quoth Boyse.
In the mean time, Fitz-Girald, by the aid of O Connor and others, had got an Army of seven thousand Men, with which he design'd to raise the Siege of Minooth; but upon News of its Surrender, his Army deserted him daily, and mouldred away almost to nothing (Reputation, as I observed before, much governing the Irish, and perhaps all the World beside;) with the few that were left, he marched to Clane, and the Deputy (leaving Brereton Governor of Dublin) marched to Naas, where he took sevenscore of the Rebel Gallowglasses, whom, (upon notice of Fitz-Girald's Approach) the Deputy commanded to be slain, only Edmond Oleme escaped stark naked to his Master Fitz-Girald. There was a Bog between both Armies, so that the Horse could not skirmish; but the Deputy, with his Artillery easily broke and scattered Fitz-Girald's inconsiderable Troops, put them to flight, slew many, and took some Prisoners.
After this Defeat,1535. Fitz-Girald never appeared at the Head of any considerable Army; but by small Parties would now and then make some slight Excursions, and particularly, after the Surrender of Rathingan (which hapned in the beginning of the Year) he caused a Drove of Cattel to appear near the Town early in the Morning, and the English believing that the Cattel strayed that way, and might easily be made Booty, most of the Garrison sallied to that intent, and were intercepted by an Ambush, and slain. Another time he burnt a Village near Trim, and sent two or three of his Men, clad like the English Soldiers, to Trim, and pretending that they were Captain Salisbury's Men, they told the Garrison that the Rebel Fitz-Girald was burning the Village: Whereupon, most part of the Soldiers sallied out, and were killed.
On the 11th of May, the Lord Butler was created Viscount Thurles, and Admiral of Ireland, and on the twenty first his Father (the Earl of Ossory) and he were made Governors of the Counties of Kilkenny, Waterford and Typerary, and the Territories of Ossory and Ormond, and they promised to do their utmost endeavour to recover the Castle of Dungarvan, [Page 241] and to resist the Ʋsurpations of the Bishop of ROME, Lib. H. Lambeth. which is the first Engagement I have met with of that kind.
It seems that the Lord Grey had been sent to England for Supplies, and that he now returned with Horsemen and Archers under Sir William Senlo, Sir Rice Mansel, and Sir Edward Griffith, who were conveniently garrisoned in the Pale; for I find by a Letter of the twenty first of August, to the Lord Cromwel, from Chief Justice Ailmer, and Allen Master of the Rolls, that the Lord Grey Landed the twenty ninth of July, and that they came on shoar the first of August, and were exceedingly surpriz'd at the alteration they found in the Country; for that six of eight Baronies in the County of Kildare, were burnt and depopulated; and so likewise was part of Meath, and that Sir William Brabazon at the Naas, was the Man that prevented the total Ruine and Desolation of the Country: That Powerscourt, which cost five thousand Marks was ruin'd by the Birns and Tools: That Fitz-Girald had regain'd Rathingan, by the Treachery of the Ward; but that he quitted it upon approach of the Army, and the Lord Deputy might have surpriz'd him in it, if he would, or had been as diligent as he ought: That O More (who joyn'd with the English) had so posted his own Men and the Kings, that the Rebels were surrounded, and Fitz-Girald could not have escaped, if a Brigade of the English had not quitted their Station; however, Burnel of Balligriffin, was taken, (and was afterwards hang'd at Tyburn:) That the Pestilence raged at Dublin; and that the Lord Deputy designed to quarter a thousand Kerns for three Months on the Pale, which would ruine it; but their Arrival with Money, alter'd that to a Cess for this Expedition only, whereunto the People chearfully consented: That they had engaged Cahir O Connor against his Brother, by allowing him twelve Horse, and one hundred and sixty Kerns in his Majesties Pay: That the Deputy is sick, and not able to defend Minooth, where he lodges; but suffers his own Cattle to be taken from the very Gates: That there is no hope of O Neal's Loyalty, since he gave no Hostages; and finally, this Letter highly extols Sir William Brabazon (the worthy Ancestor of the Earl of Meath) as the Saviour of the Kingdom, and concludes with Commendations of the Lord Grey, and desires he may be Lord Deputy, and have Orders to call a Parliament.
What that Letter mentions of O Neal, has reference to a Treaty between the Lord Deputy and him; for when he understood, that the Lord Deputy design'd an Expedition against him into the North, to prevent it, he desired a Parly, and on the first of July, by his Agent Gillaspick O Donel, he [Page 242] concluded an Agreement with the Lord Deputy, which afterwards was confirmed by Con O Neal himself at Drogheda, on the twenty fifth of the same Month.
In the mean time, the Lord Deputy, finding that Fitz-Girald had retired to Munster, sent after him the Lord Grey, Sir William Brereton, and others, who had several Skirmishes with his Party, wherein nothing was got but Blows; whereupon Brereton's Advice on the one side, and Fitz, Girald's Necessity on the other side, produced a Parly; the effect whereof was, That Fitz-Girald surrendred to the Lord Grey, and rode with him to Dubliu,
By the Lord Deputy's Letter to the King, of August 24. he acquaints his Majesty, That Fitz Girald and O Connor had submitted; the former without any Condition or Promise of Life, Lands or Goods, and that he intends to send him over by the Lord Grey, whilst himself in person goes to assist O Donel against his Son Manus.
But the Council by their Letter from the Camp to the King, of the 27th of August, inform his Majesty, That O Connor, an Abettor of Fitz-Girald's, has given Hostages to abide the King's Pleasure, and that Fitz-Firald submitted on the encouragements they gave him to expect Pardon for his Life: That the Lord Grey is going with him, leaving the Lord Butler in his room; and they desire the King to thank the Lord Grey for his good Service.
Nevertheless, others say, That Fitz-Girald was by the Lord Grey absolutely promised his Pardon; but if it was so, it was more than he had Comission for, and therefore no regard was given to that Pretence; but the King being implacably enraged at this dangerous Rebellion, caused Fitz-Girald to be arrested in the way to Windsor, and afterwards, viz. Febr. 3. 1537. he and five of his Unkles were executed at Tyburn, although three of them had for a long time opposed their Nephews Extravagancies.
And thus ended a Rebellion,Lib. CCC. 85. which cost the King twenty thousand, some say forty thousand Pound: At which great Expence the King was so disturb'd, that he called this Victory a new Conquest; and put the Question to his Council, how Ireland should be managed to bear the charge of its own Preservation; and whether by Act of Parliament every mans Estate should not be made liable to contribute its proportion; or, whether, by vertue of this Conquest, the King might not seize on all the Estates in that Kingdom Temporal and Spiritual?
By a Letter from Stephen ap Harry (who was afterward a great man with the Lord Grey) of the sixth of October, from Waterford, directed to Mr. Thomas Cromwel, Secretary [Page 243] of State; he informs his Honour, That the Lord Leonard Grey was gone to England with Fitz Girald, and that the Lord James Butler marched to Clonmel, where his Lordships Brother-in-Law Garret Mac Shane (who could not speak one Word of English) met him; That thence they marched to Dungarvan, which surrendred unto him, and thence to Youghal, where he had a Gallon of Gascoyn Wine for four pence; and thence to Cork, where the Lord Barry made great Complaints of Cormock Oge of Muskry, and Mac Carty Riagh; the former was willing to submit to the Award of the State; but Mac Carty Riagh answered, That what he got by the Sword, he would keep by the Sword. The like Controversie was between James, Grandson of Thomas, last Earl of Desmond, and Sir John, Brother of that Earl; the young man offered to go to England, and to submit to his Majesties Pleasure; but Sir John said, He scorned to contest with a Boy: That they marched thence to Mallow, and so to Kilmallock; and thence to Lymerick, where the Lord Butler's Brother-in-law (O Brians Son) desired Aid against his Father and Unkle, and that the Lord Butler would besiege Carrigonel; but he could not do it for want of Artillery, and therefore marched to Cashel, and thence to Clonmel, having worthily behav'd himself all this Journey.
It seems the Lord Deputy had sollicited for the King's leave to return to England, by reason of his Age and Infirmities; but the King in his Answer, thanked him for the taking Fitz-Girald; but wished it had been done in another manner, viz. by force; and tells him, That he must continue in the Government of Ireland, notwithstanding his Age and Sickness; and orders a Parliament to be called as [...]on as conveniently might be; but it is probable that soon after those Letters arrived, the Lord Deputy died at Kilmainham, in the latter end of December, and was honourably buried in St. Patrick's Church: And thereupon, the Council chose
Leonard Lord Grey, 1535. Lord Deputy; who was but newly returned from England, and probably did not bring over so much Treasure as the Army both expected and needed, and therefore the Souldiers mutined in January; and thereupon the King, by his Letter of the twenty fifth of February, desires to know who were the Ringleaders of it, and orders, that as many of the Army as can be spared, may be disbanded:Lib. H. To which Letter the Lord Deputy and Council return'd for Answer, That after the imprisonment of Fitz-Girald, they had disbanded five hundred men; but that his Unkles being at that time out, and the Earl of Desmond, O Brian and O Connor linked in a Confederacy, it was no proper time then to dismiss any more; but that they have now [Page 244] borrowed four hundred Pounds Irish, and therewith have disbanded two hundred and fifty Foot, and fifty Horse; That the Revenue of the Kingdom was but five thousand Pounds per annum; whereof a thousand Pound was then insolvent; they advise the King to grant a Pardon to the County of Kildare, to the end the People of that County may return to their Habitations; and they advise, That the Kings Lands may be set for a Term of one and twenty years, and that a Mint may be erected in Ireland, and none but Sterling Money be currant, and thereby every Mark of the King's Revenue will be a Pound.
But I must interrupt the Series of this Discourse, to give the Reader an Account of the miraculous preservation of one of the remaining Branches of the Noble Family of Kildare, a Child of thirteen years old, Brother of the Lord Thomas, and Son of the deceased Earl, who happened to be sick of the Small Pox at Donoare in the County of Kildare, when his Unkles were apprehended; whereupon, his careful Tutor, Thomas Leverouse (afterwards Bishop of Kildare) had the Child wrapt up warm, and in a Cleef or Basket conveyed him into Offaly, and after he was recovered, he travelled into Thomond, and after half a years abode there, they went to Kilbritton in the County of Cork, where Elianor Fitz-Girald (Mac Carty Riagh's Widow) then lived: Soon after she married with O Donel, and made it one of the Articles of her Agreement, That he should protect, her Nephew the young Fitz-Girald; which he faithfully promised, and thereupon they went together to Ʋlster; but they were not there a Twelve-month, before the Lady understood that her perfidious Husband had agreed to betray her Nephew; and therefore she sent him privately into France, and gave him sevenscore Pieces of Gold, call'd Portugueses, to bear his Charge; and afterwards upbraided O Donel with his Treachery; and told him, That, as nothing but the Preservation of her Nephew, could have prevailed with her to marry such a clownish Curmudgen, so since he villanously endeavoured to betray her in that Particular, she would stay with him no longer; and so away she went, and never saw him more.
But the Young Fitz-Girald arrived safely at S. Maloes, and being sent for up to Paris, the English Embassador there demanded him of the French King, by virtue of the Peace lately concluded: The French King gave him a dilatory Answer, and in the mean time Fitz Girald escaped to Flanders; at Valencienes he was overtaken by James Sherlock, whom the Embassador sent to pursue him; but the Governour of that [Page 245] Town committed Sherlock, and so Fitz-Girald got safe to Brussels; but the English Embassador demanded him there also, so that he was forced to remove to Leige, and was by the Emperor recommended to the Bishop of Leige, and allowed a hundred Crowns a Month for his Expence: But he staid there not above half a Year, before his Kinsman Cardinal Poole sent for him to Rome, and placed him successively with the Bishop of Verona, the Cardinal of Mantua, and the Duke of Mantua, and allowed him an Annuity of three hundred Crowns per annum, and the Duke of Mantua gave him the like Pension: With them he staid a Year and a half, and then removed to Cardinal Poole's Palace in Rome, where he continued three Years: The next Year after he spent in Service with the Knights of Malta, and behaved himself exceeding valiantly: Then he became Master of the Horse to the Great Duke of Tuscany, and continued in that Office three Years.
One Day as he was hunting,Holingshead, 99. in the company of Cardinal Farneze, he fell into a Pit twenty nine Fathom deep, and had the good Luck, within two Fathom of the Bottom, to quit his Horse, and take hold of some Roots or Bushes that were on the Side of the Pit, and by degrees he let go his Hold, and gently descended upon his Horse, which was dead in the Bottom of the Pit; and there he stood three Hours, up to the Ankles in Water, until his Grey-hound (called Griff-hound) missing his Master hunted him to the Pit, and there fell a howling, till the Company came in, and with a Rope and a Basket drew him up alive and well, to all their Admirations, & to mine too, if I did not think this part of the Story to be a little Monkish.
And since I am upon Digressions,Analecta Hib. Sullevan, Cath. Hist. 71. it will be fit to remember, That Doctor Traverse, who was an active Man in Fitz-Girald's Rebellion, and was therefore executed at Tyburn, as the Traytor well deserved, has nevertheless found a Room in the Irish Martyrology, and is mentioned, as an Instance of the English Cruelty, by the Irish Historians.
And so we will conclude the Year 1535 with the Consecration of George Brown Archbishop of Dublin; Ware, de Praesulibs. which was performed by the Archbishop of Canterbury and the Bishops of Rochester and Salisbury, on the nineteenth (or rather twenty ninth) of March; he had formerly been Provincial of the Fryers of the Order of S. Augustine, Bish. Brown's Life. in England: And whilst he was so, he used to Preach, That Salvation was to be obtained by the Merits of Christ, and advised to make Application to him only; for which Doctrine he was much taken notice of. He became the first Protestant Convert of the Clergy in Ireland, and was an exceeding Charitable and Meek Man: He was the first that caused Images and other Superstitious Reliques to be removed out of the two Cathedrals [Page 246] in Dublin, and out of the rest of the Churches within his Diocess: And he caused the Ten Commandments, the Lord's Prayer and the Creed to be placed in gilded Frames about the Altar, in Christ-Church, Dublin.
It seems that the King did send Commissioners into Ireland, to remove the Pope's Authority thence, and to reduce it to conformity with England; if so, undoubtedly Archbishop Browne was one of the Commissioners, as will appear by the following Letter, sent by him to Cromwel Lord Privy Seal, who was the chief Mannager of that Matter.
YOƲR humble Servant receiving your Mandate,Septemb. 4. 1535. as one of His Highnesses Commissioners, hath endeavoured, almost to the Danger and Hazard of this Temporal Life, to procure the Nobility and Gentry of this Nation to due Obedience, in owning of his Highness their Supreme Head, as well Spiritual as Temporal, and do find much oppugning therein, especially by my Brother Armagh, who hath been the main Oppugner, and so hath withdrawn most of his Suffragans and Clergy within his See and Jurisdiction: He made a speech to them, laying a Curse on the People, whosoever should own his Highness's Supremacy; saying, That this Isle, as it is in their Irish Chronicles, Insula Sacra, belongs to none but the Bishop of Rome, and that it was the Bishop of Rome's Predecessors gave it to the King's Ancestors. There be two Messengers by the Priests of Armagh, and by that Archbishop, now lately sent to the Bishop of Rome. Your Lordship may inform his Highness, That it is convenient to call a Parliament in this Nation, to pass the Supremacy by Act; for they do not much matter his Highness's Commission, which your Lordship sent us over. This Island hath been for a long time held in Ignorance by the Romish Orders: And as for their Secular Orders, they be in a manner as ignorant as the People, being not able to say Mass, or pronounce the Words, they not knowing what they themselves say in the Roman Tongue: The common People of this Isle are more Zealous in their Blindness than the Saints and Martyrs were in the Truth at the beginning of the Gospel. I send to you, my very good Lord, these things, that your Lordship and his Highness may consult what is to be done. It is feared O Neal will be ordered by the Bishop of Rome to oppose your Lordships Order from the King's Highness; for the Natives are much in Numbers within his Powers. I do pray the Lord Christ to defend your Lordship from your Enemies.
On the twenty eighth of April the King sent Orders to the Town of Galway to use the English Order,1536.Lib. H. Habit and Language, [Page 247] and not to forestal the Markets of Limerick, nor correspond with the Irish.
And so we come to the Parliament, which began at Dublin on the first Day of May, and on the last Day of that Month was adjourned to Kilkenny; and did there sit the twenty fifth Day of July; and on the twenty first was adjourned to Cashel; and on the twenty eighth was from Cashel adjourned to Limerick, and there it sat on the second of August, and continued until the nineteenth; and then was adjourned to Dublin, to meet the fifteenth Day of September; and so after several Prorogations, it was finally dissolved the twentyeth Day of December, 1537▪ and enacted as followeth,
I. The Attainder of the Earl of Kildare and his Complices: This Act recites all their Treasons, and Retrospects to the eighth Day of July, 20 Hen. 8.
II. The Parliament reciting, That Ireland is appending and belonging to the Crown of England, doth make void and nullifie the King's Marriage with the Princess Katharine, his Brother's Wife, and doth ratifie the Divorce judicially made between them, by the Archbishop of Canterbury: It also confirms the King's Marriage with Anne Bullen, and prohibits Marriage within the Levitical Degrees, and orders that Persons so married shall be divorced, and their Children after such Divorce shall be illegitimate: Then it entails the Crown on the King's Heir Males by Queen Anne, and for want of such to his Heirs Males by any other Wife; and for want of such, to the King's Heirs Female by Queen Anne, and particularizes the Princess Elizabeth, and the Heirs of her Body, &c. And that it shall be Treason to Write or Act against the aforesaid Marriage, or the Settlement of the Crown; and Misprision of Treason to speak against either of those things, and deprives the Offenders of Benefit of Sanctuary; it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen (if it so happen) till their respective Ages of sixteen, if a Queen, and eighteen if a King; and prescribes an Oath for the Observation of this Settlement, to be taken by the Subject; and makes it Misprision of Treason to refuse it.
III. The Act of Absentees, recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland; and then vests in the King the Honours and Estates of the Duke of Norfolk, the Lord Berkly, the Earl of Waterford and Shrewsbury, the Heirs General of the Earl of Ormond, the Abbot of Furnes, the Abbot of S. Augustins of Bristol, the Prior of Christ-Church of Canterbury, the Prior of Lanthony, the Prior of Cartinel, the Abbot of Kentesham, [Page 248] the Abbot of Osny, the Abbot of Bath, and the Master of S. Thomas of Dacres: 4 Inst. 354. And it was resolved, anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan, by this Statute: Nevertheless, he had a very good Recompence in England for his Losses in Ireland.
And it is not unworthy our Remembrance, How this Statute came to be made; and the Occasion was thus, The King being inclined to make Mr. Ailmer (who was then Lord Chief justice of the Common Pleas) Lord Chief Justice of the King's Bench; the Earl of Shrewsbury (at the instance of some of his Tenants in Waterford or Wexford) opposed his Preferment, alledging, That Ailmer was a silly fellow, and unfit for such a Place; whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him; the Lord Cromwel begs the King to discourse with Ailmer, assuring his Majesty, That he was misinformed. The King consented, and Ailmer being come, the King asked the true reason of the Decay of Ireland: Ailmer Answered, That it was because the Estated Men (who used to Reside and Defend their own Estates and countenance their Tenants) did now generally dwell in England and left Ireland a Prey to the Natives: But that if his Majesty would oblige the Estated Men to Residence, or seize their Estates to his own use, he would soon find a Reformation. The King tickled with this Advice, gave Ailmer Thanks, and assured him Care should be taken of it next Parliament.
IV. A Suspension or Repeal of Poyning's Act pro hac Vice.
V. That the King his Heirs and Successors be Supreme Head on Earth, of the Church of Ireland, and shall have Power to reform, redress, &c. Heresies, Errors and Offences, &c. And that his Commissioners shall take no Proxies for their Visitations, but convenient Meat, Drink, and Lodging, on pain of four times the value.
VI. That there shall be no Appeals to Rome, on Pain of Premunire; and that the Chancellor, with the Consent of the two Chief Justices, the Master of the Rolls, and the Vice-Treasurer, or any two of them, may assign Delegates to Hear and Determine all Appeals to the Chief Governour.
VII. An Act against slandering the King or Queen or their Title, &c. And that those guilty of High Treason shall not have the Benefit of Sanctuary; and that Treasons committed beyond Seas may be tried in Ireland; and that all Estates of Inheritance (ergo Estates Tail) shall be forfeited for High-Treason.
[Page 249] VIII. That the Clergy shall pay Annates or First-Fruits, i.e. a Years Profit, and shall pay or compound before Possession: The Chancellor, Master of the Rolls and Vice-Treasurer, or any two of them, whereof the Vice-Treasurer to be one, (or any others commissioned by the King) may compound and give Instalments: That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple, and eight Pence to be paid for a Bond, and four Pence for an Acquittance, and no more.
IX. An Act to vest in the King Sir Walter Delahide's Lands in Carbry, in the County of Kildare.
X. That if the Robber or Felon be found Guilty, upon an Indictment, by means or Prosecution of the Party robbed, that then he shall have Restitution, as if it had been done upon an Appeal.
XI. An Act to suppress all Tributes, Pensions, and Irish Exactions, claimed by the Irish from Towns or Persons, for Protection.
XII. An Act against the Pope, to suppress his Usurpations, and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction; and that all Persons Ecclesiastical or Lay, That have Office or Benefice, &c. shall take the Oath of Supremacy mentioned in the Act, and the Refusal of that Oath shall be Treason.
It seems there was much Difficulty to get this Act, and the former Act for the King's Supremacy, to pass both Houses, many of the Clergy opposing them stifly, until the Archbishop Brown made the following Speech; which being well sconded by Justice Brabazon, so startled the rest, that at length both Bills passed. The Archbishop's Speech was thus,
BEhold your Obedience to your King is the observing of your Lord and Saviour Christ,Bish. Brown's Life, 7. for He, that High-Priest of our Souls paid Tribute to Caesar, (though no Christian;) greater Honour then surely is due to your Prince, His Highness the King and a Christian one. Rome and her Bishops, in the Fathers Days, acknowledged Emperors, Kings and Princes to be Supreme over their Dominions, nay Christs own Vicars; and it is much to the Bishop of Rome's shame, to deny what their precedent Bishops owned: Therefore his Highness claims but what he can justifie the Bishop Elutherius gave to S. Lucius, the first Christian King of the Britains, so that I shall without scrupling vote his Highness King Henry my Supreme, over Ecclesiastical Matters as well as Temporal, and Head thereof, even of both [Page 250] Isles, England and Ireland, and that without Guilt of Conscience, or Sin to God, and he who will not pass this Act as I do, is no true Subject to his Highness.
XIII. That the King, and his Heirs, and Successors for ever shall have the twentieth part of the yearly Profits, Revenues, Rents, Farms, Titles, Offerings and Emoluments Spiritual and Temporal, belonging to any Archbishoprick, Bishoprick, Abbacy, Monastery, Priory, Arch-Deaconry, Deanry, Hospital, Comandry, College, House Collegiate, Prebend, Cathedral-Church, Collegiate Church, Conventual Church, Parsonage, Vicarage, Chantry, or Free Chappel, or other Promotion Spiritual whatsoever.
And the King was so well pleased with this Act,Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual, for granting him the twentieth part of their Livings yearly for ever.
XIV. That no Subject shall be shaved above his Ears, or wear Glibbs, or Crom-meals (i.e. Hair on the upper Lip) or Linnen died in Saffron, or above seven yards of Linnen in their Shifts; and that no Woman wear any Kirtle, or Coat tucked up, or embroydered, or garnished with Silk, or couched, ne laid with Usker, after the Irish Fashion, and that no Person wear Mantles, Coats or Hoods after the Irish Fashion, (except Women, Horse-boys, Cow-boys, and Soldiers, at the rising out and Hostings, all which may wear Mantles.) And that every body shall endeavour to learn the English Language, and conform to the English Fashion, &c.
XV. And that Benefices shall not be given to any that cannot speak English, unless after four Proclamations in the next Market-Town to the Benefice, on four several Market-Days, a Person that can speak English, cannot be got, and that then an honest able Irishman may be admitted, on his Oath, that he shall do his utmost endeavour to learn the English Language, and observe the English Order and Fashion, and teach those under him to do the like, and shall keep an English School in his Parish, to that purpose, &c.
XVI. An Act for the Suppression of Abbies.
XVII. An Act against transporting of Wool and Flocks.
XVIII. An Act about the Proof of Testaments.
XIX. The Act of Faculties, prohibiting the Subjects from paying any Pensions, Cences, Portions, Peter-pence, or any other Impositions to the use of the Pope, and extinguishing and suppressing them for ever; and authorizing Commissioners appointed by the King to grant Faculties and Dispensations; as the Archbishop of Canterbury may do in England, by vertue of the Act of Faculties there, which is made of Force in Ireland.
[Page 251] XX. That Poyning's Act be suspended pro hac vice.
XXI. An Act for Limitation of Actions on Penal Statutes, viz. That Actions in the King's Name, be commenced within three years after the Offence, and Actions Popular, within one year.
XXII. An Act for prostrating the Wares on the River Barrow, &c.
XXIII. An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan, &c. to the Crown.
XXIV. That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field: And that every man that cannot keep his Child at School, do at ten years of Age put him to Handicraft or Husbandry.
XXV. That the Leases made, or to be made by the King's Commissioners, viz. Saintleger Pawlet, &c. shall be good and valid, any defect of Inquisition or Office, &c. notwithstanding.
Lastly, An Act for the first Fruits of the great Abbies and Monasteries, &c. which were not vested in the King by the above Act, ch. 16. But this Statute is become useless by a subsequent Act, that gives all the Abbies, &c. to the King.
And these are all the Acts of this Parliament to be found in the printed Statute-Book; which I do not pretend to have critically or exactly abridged; because I think it necessary for every man that will be nicely instructed in any Statute-Law, to read the Statute at large, and not to trust to an Abridgment; but I have endeavoured to give such an Historical Account of these Acts, as may illustrate this Collection, and give the Reader some Light into the Affairs of those times. Nor must it be forgotten, that many of these Statutes are made in the later Sessions of this Parliament, Anno 1537.
And besides these Printed Acts, there was another Law made at this Parliament against Fosterings and Marriage with the Irish; and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance, and entred into Recognizance to observe it; but this severe Law was repeal'd, 11 Jac. 1. cap. 5.
But whilst the Nobility and Gentry were at the Parliament, O Connor made use of the opportunity, as he used to do, and invaded the Pale; his Fury lighted most on the Barony of Carbry in the County of Kildare, which he preyed and burnt; and to revenge it, the Lord Trimletstown, and the Vice-Treasurer Brabazon, with such men as they could on the sudden get together, made an Incursion into Offaly, and in [Page 252] like manner wasted and destroyed that Country, which obliged O Connor to return home as fast as he could.
Sir William Brereton was likewise sent to the Confines of Ʋlster, to parly with O Neal, who complained, That the League (made between the Lord Deputy Skeffington and him) was not duly observed on the English side; so after some Expostulations upon that Point, the same Agreement was renewed and confirmed.
And about the same time, the King, to reward the City of Waterford, for its Loyalty and firm adhesion to the Crown, sent to that City a gilt Sword, and a Cap of Maintainance.
But John, Earl of Desmond, being dead, the new Earl, James (who was a very active, or rather a turbulent man) began new Disturbances in Munster; but he was timely opposed by the Lord Butler, who wasted his Lands in the County of Limerick, and repair'd and Garrison'd the Castle of Loghguir, and it seems that the Lord Deputy came to Kilkenny, the twenty fourth of July, and having adjourned the Parliament,Lib. D. as aforesaid, he came to Loghguir the last of July, and the next day he went to Carrigonel, and took it the second of August; and they say, for some private Advantage, redelivered it to the former Owner; on the sixth of August they marched to Bryans-bridge, and took the Castles, and broke the Bridge; but by the improvidence of those in Authority, there was so great scarcity of Victuals, that a halfpeny Loaf was worth a Shilling. And within four or five days the strong Castle of Carrigonel was lost by treachery; but it was presently retaken, with the Slaughter of sixty Rebels; however, the Wants of the Army occasioned a Mutiny, so that the Soldiers refused to march for want of Pay, and the Garrison of Loghguir deserted, and a thousand other Inconveniences hapned,
On the twenty third of April, 1537. the Lord Deputy began his Expedition into Offaly, against O Connor, to revenge the Insolencies of the last year; but he was hindred by the abundance of Rain that fell at that time, from doing the Execution he design'd,Ware, 147. so that he was fain to end this Quarrel by a dishonourable sort of Arbitration; for although the Damages which O Connor had done, were estimated at five thousand Marks, yet the Lord Deputy compounded for eight hundred Beeves, or six shillings and eight pence apiece in lieu of them; but not long after, he attack'd the Cavenaghs and O Carol, with better Success, and forced them to submit, and give Hostages.
It seems that the Lord Deputy had new Instructions to oblige all the Irish by Indenture to own the King's Supremacy, and to renounce the Popes Usurpations, and to contribute [Page 253] something towards the support of the Government, and to send a Quota of Men to every Hosting; and to effect this, the Lord Deputy marched to Offaly the seventeenth of June, and on the eighteenth, encamped in O Mulmoyes Country, and took the Castle of Eglis; on the nineteenth, he took Bir and Modrimye in O Carols Country; on the twenty fourth, O Kenedy submitted to him in Ormond, and the twenty fifth, Mac Brian Arra likewise submitted. On the twenty sixth, the Lord Deputy came to Abby Owny, where O Mulrian, Ʋlick Burk of Clanrickard, and Tybot Burk Mac William made their Submissions; and so on the twenty eighth, he came to Limerick, where the Mayor and Aldermen took the Oath of Supremacy, and swore to renounce the Bishop of Rome's usurped Authority, and the Bishop of Limerick did the like, without scruple or hesitation; and Order was left for the Clergy and Commonalty of that City, to follow that Example, and that Certificates of their performance be returned into Chancery: And it is observable, that here one of the O Bryans made Peace for a year, and promised to do Service against his Brother Mortagh: On the fourth of July the Army came to Bryans-Bridge, and had a Skirmish with the Rebels, without any Loss; and on the sixth, demolished the Castles and Bridge; and on the eighth, the Lord Deputy marched into Thomond, and took the Castles of Clare and Ballycolome; and on the ninth, he came into Clanrickard, and took the Castle of Ballyclare, and delivered it to Ʋlick Burk; and on the eleventh, he came to Galway, where the Corporation treated the Lord Deputy and all the English Soldiers gratis for seven days, and Ʋlick Burk did the like to the Irish; and the Mayor and Aldermen followed the example of Limerick, and took the Oath of the King's Supremacy, and renounced the Pope's usurped Authority: And here O Flaherty, O Maddin, and Mac Yoris made their Submissions: On the twenty first the Lord Deputy removed to O Kelly's Country, where O Connor Mac Henry submitted; and thence he went to Mac Coughlan's Country, where he took a Castle, because Mac Coughlan had not kept his Word with him; and so, on the twenty fifth, he returned to Minooth.
And it is to be noted, That all those that submitted, were bound by Indenture, as well as Oath, to own the King's Supremacy, and to renounce the Popes Usurpations; but when the King had an Account of what was done, be answered by his Letter to the Lord Deputy, That their Oaths, Submissions and Indentures were not worth a Farthing, since they did not give Hostages, and so it afterward proved.
[Page 254] The Earl of Desmond mollified by the Misfortunes of the last Year,Ware, 147. and fearing the Power of the Lord Deputy, who was in the Field with his Army, as I have already related, sent Letters to the Deputy, with Offers of Submission upon Terms; but the Expostulations about it, were so tedious, that the Army, for want of Provisions, was forced to return; however, Commissioners were employed to continue the Treaty, and conclude an Agreement if they could; and in order to it, they went to Clonmel; but the Earl of Desmond refused to come into a walled Town, insisting upon a Fantastical Priviledge which he claimed; and thereupon the Commissioners forgetting the Dignity of their Character, and the Royal Person they represented, dishonourably condescended to go to Desmond's Camp, and there they took his Oath of Fidelity, and received his Bastard Son Thomas Roe, as a Hostage for his performanoe.
But now the Jealousies between the Lord Deputy and the Earl of Ossory, broke out into open Hostility, and the Deputy was so extravagantly transported, that he sent part of the Army to spoil the Territories of the Butlers; he also quarrelled with Archbishop Brown, and Allen Master of the Rolls; and although,Lib. D. by the King's Order, their Complaints were heard, before the Council of Ireland, and the new Commissioners hereafter named, and a Reconciliation made between them, at least in appearance, yet some of them stuck so close to him, that at length they procured his Ruine.
But it should have been remembred, that on the first of May, Fylemy Roe submitted, and on the twelfth of May, Cavenagh, alias Mac Murrough did the like; but O Neal was so far from it, that despising the Agreement he had not long before made with the Lord Deputy, he undertook to reduce Arglass, and in order to it, sent an Army under his Son to attack that Town and Castle; but assoon as he understood the Lord Deputy was ready to take the Field, he immediately proposed a Treaty; and on the fifteenth of June, he made an Agreement with the Lord Chancellor, the Bishop of Meath, and Chief Justice Ailmer, (Commissioners appointed for that purpose) and he swore to fight for the King contra omnes homines Mundi; Ibid. and not long after died Sir Hugh O Donel, Lord of Tyrconnel, and was succeeded by his Son Manus, who was (according to Custom) inaugurated on the Rock near Kilmacronan Church.
But in September there came over four Commissioners, viz. Sir Anthony Saintleger, Sir George Pawlet, Sir Thomas Moyle, and Sir William Barnes; their business was to enquire into the Abettors of the late Rebellion, and afterwards to give a [Page 255] General Pardon: And though they were very moderate, yet it fell heavy on many of the Pale, who were compelled to joyn with the Rebels; they had also Authority to assist the Lord Deputy and Council in setling the Revenue, and to set the Crown Lands for one and twenty Years, for a yearly Rent. It was to these Commissioners that Bernard Fitz Patrick made his Submission;October 8. and they indented with him, That he should be Baron of Colthil and Castleton, and have the Lands in Ʋpper Ossory granted to him at three Pound per annum: And these Commissioners caused the Earl of Kildare's Estate to be surveyed,Lib. H. and it amounted to eight hundred ninety three Pound eleven Shillings and eight Pence half Penny per annum; which was a mighty Revenue in those Days: And in the latter end of the Year, viz. the twenty second of February, the Earl of Ossory was restored to the Title of Earl of Ormond, which was afterwards confirmed to that Noble Family, by Act of Parliament, anno 1541.
On the twenty fifth of July, 1538. 1538. the Lord of Trimletstown, who was also Lord Chancellor, departed this Life, and in his stead Sir John Allen, Master of the Rolls, was first made Lord Keeper of the Great Seal, by the Lord Deputy and Council; and afterwards, on the eigteenth Day of October was made Lord Chancellor by the King.
In the mean time, (in the beginning of May) the Lord Deputy marched from Trim, to pursue O Reyly; but he prevented it by his Submission: And thereupon the Deputy marched against Savage, a degenerate Englishman, into Ards and Lecale, and there he took Mac Genis his Castle of Dundrum, and seven Castles more, and wasted and preyed all that Country; and which was worse, he burnt the Cathedral Church of Downe, and defaced the Monuments of the Saints, Patrick, Bridget and Columbus, and committed many other Sacriledges. And about the same time Images were every where defaced or taken away, and particularly the famous Image of the Blessed Virgin at Trim was burnt, and the Oblations and Treasures, which many superstitious Votaries had offered there, were also taken and carried away.
And it seems, That whilst the Lord Deputy was engaged in the North, O Connor on the one side, and O Toole on the other, fell upon the Inhabitants of the Pale, and committed what Robberies and Depredations they pleased, and returned Home without Loss: But when the Lord Deputy came back, and understood what they had done, he resolved to be revenged of O Connor; and immediately invaded Ophaly, and took the Castles of Braghnal and Dingen: And in his Letter to the King, of the twelfth of August, he writes, That he forced O Carol and O Magher to give Hostages; and that O [Page 256] Carol paid him three hundred Marks to redeliver his Son, and desired to take a Patent from the King for his Country; but it is not fit to grant it to him, because he is False: And that the English do now so well understand the Irishmen and Country, that if the King will send them Mony, they will manage the Irish as he Pleases. And in his Letter of the twenty first of March he acquaints the King, That Brian O Connor, submitted in the open Fild; and that he pursued Cahir O Connor, until he forced him to come to Dublin, to make his Submission there.
In the mean time the Reformation of Religion went on but very slowly in Ireland, for although Archbishop Brown was very zealous for it, yet the Primate Cromer was as industrious against it, as will appear by the following Letter, from Archbishop Brown to the Lord Cromwel.
I Acknowledge my bounden Duty to your Lordships Good-Will to me,April 8. 1538. next to my Saviour Christ's, for the Place I now possess; I pray God to give me his Grace to execute the same to his Glory, and his Highness's Honour, with your Lordship's Instructions. The People of this Nation be Zealous, yet Blind and Ʋnknowing: Most of the Clergy (as your Lordship hath had from me before) being Ignorant, and not able to speak right Words in the Mass or Liturgy; as being not skilled in the Latin Grammar, so that a Bird may be taught to speak with as much Sense as several of them do in this Country; these Sorts, though not Scholars, yet crafty to cozen the poor Common People, and to disswade them from following his Highness's Orders: George, my Brother of Armagh, doth under-hand occasion Quarrels, and is not active to execute his Highness's Orders in his Diocess.
I have observed your Lordship's Letter of Commission, and do find several of my Pupils leave me for so doing; I will not put others in their Livings, till I do know your Lordship's Pleasure; for it is meet I acquaint you first, The Romish Reliques and Images of both my Cathedrals, in Dublin, took off the Common People from the true Worship; but the Prior and the Dean find them so sweet for their Gain, that they heed not my Words; therefore send in your Lordship's next to me, an Order more full, and a Chide to them and their Canons, that they might be removed: Let the Order be, That the Chief Governors may assist me in it. The Prior and Dean have written to Rome, to be encouraged; and if it be not hindred, before they have a Mandate from the Bishop of Rome, the People will be bold, and then tug long, before his Highness can submit them to his Grace's Orders. [Page 257] The country Folk here much hate your Lordship, and despitefully call you, in their Irish Tongue, The Black-Smith's Son.
The Duke of Norfolk is by Armagh and the Clergy desired to assist them, not to suffer his Highness to alter Church Rules here in Ireland. As a Friend I desire your Lordship to look to your Noble Person, for Rome hath a great Kindness for that Duke, for it is so talked here, and will reward him and his Children. Rome hath great Favours for this Nation, purposely to oppose his Highness, and so have got (since the Act passed) great Indulgences for Rebellion, therefore my Hopes are lost, yet my Zeal is to do according to your Lordship's Orders: God keep your Lordship from your Enemies here and in England.
And in May after he wrote the following Letter.
MY Duty premised: It may please your Lordship to be advertized, Sithence my last, there has come to Armagh and his Clergy, a private Commission from the Bishop of Rome, prohibiting his Gracious Highness's People, here in this Nation, to own his Royal Supremacy, and joyning a Curse to all them and theirs, who shall not within forty Days confess to their Confessors, (after the publishing of it to them) That they have done amiss in so doing; the Substance, as our Secretary hath translated the same into English, is thus,
I A. B. from this present Hour forward, in the presence of the Holy Trinity, of the Blessed Virgin, Mother of God, of S. Peter, of the Holy Apostles, Archangels, Angels, Saints, and of all the holy Host of Heaven, shall and will be always obedient to the Holy See of S. Peter of Rome, and to my Holy Lord the Pope of Rome and his Successors, in all things as well Spiritual as Temporal, not consenting in the least, that his Holiness shall lose the least Title or Dignity, belonging to the Papacy of our Mother Church, or to the Regality of S. Peter.
I do Vow and Swear to Maintain, Help and Assist the just Laws, Liberties and Rights of the Mother Church of Rome.
I do likewise promise to confer, defend and promote, if not personally, yet willingly, as in Ability able, either by Advice, Skill, Estate, Mony or otherwise, the Church of Rome and her Laws, against all whatsoever resisting the same.
I further vow to oppugn all Hereticks, either in making or setting forth Edicts or Commands, contrary to the Mother Church of Rome; and in case any such to be moved or composed, [Page 258] to resist it to the uttermost of my Power, with the first Convenience and Opportunity I can possible.
I count all Acts made or to be made by Heretical Powers, of no force, or to be practised or obeyed by my self, or by any other Son of the Mother Church of Rome.
I do further declare him or her Father or Mother, Brother or Sister, Son or Daughter, Husband or Wife, Unkle or Ant, Nephew or Neece, Kinsman or Kinswoman, Master or Mistriss, and all others, nearest or dearest Relations, Friend or Acquaintance whatsoever, accursed, that either do or shall hold, for time to come, any Ecclesiastical or Civil above the Authority of the Mother Church; or that do or shall obey, for the time to come, any of her the Mother Church's Opposers or Enemies, or contrary to the same, of which I have here sworn unto, so God, the Blessed Virgin, S. Peter, S. Paul, and the Holy Evangelists help, &c.
His Highness, the Vice-roy of this Nation, is of little or no Power with the Old Natives; therefore your Lordship will expect of me no more than I am able: This Nation is poor in Wealth, and not sufficient now at present to oppose them. It is observed, That ever since his Highness's Ancestors had this Nation in Possession, the Old Natives have been craving Foreign Powers, to assist and rute them; and now both English Race and Irish begin to oppose your Lordship's Orders and do lay aside their National old Quarrels; which I fear will (if any thing will) cause a Foreigner to invade this Nation. I pray God I may be a false Prophet, yet your good Lordship must pardon mine Opinion, for I write it to your Lordship as a warning.
And about Midsummer, one Thady Birne, a Franciscan Fryer, was apprehended, and was to be sent Prisoner into England, to the Lord Privy Seal; but the cowardly Sophister being told, That he would certainly be hanged, was seized with such a pannick Fear, that he murdered himself in the Castle of Dublin, on the twenty fourth Day of July; and among other Papers the following Letter was found about him.
THou and thy Fathers were all along faithful to the Mother Church of Rome: Life of Bishop Brown, 11. His Holiness Paul, now Pope, and the Council of the Holy Fathers there, have lately found out a Prophecy, there remaining, of one S. Laserianus, an Irish Bishop of Cashel: Wherein he saith, That the Mother Church of Rome falleth, when in Ireland the Catholick Faith is overcome: Therefore, for the Glory of the Mother Church, the Honour of S. Peter, [Page 259] and your own Secureness, suppress Heresie and his Holiness's Enemies; for when the Roman Faith there perisheth, the See of Rome falleth also. Therefore the Council of Cardinals have thought fit to encourage your Country of Ireland (as a Sacred Island) being certified, whilst the Mother Church hath a Son of Worth as your self, and those that shall succour you and joyn therein, that she will never fall, but have more or less a holding in Britain, in spite of Fate. Thus having obeyed the Order of the most Sacred Council, we recommend your Princely Person to the Holy Trinity of the Blessed Virgin, of S. Peter, S. Paul, and all the Heavenly Host of Heaven, Amen.
And it is not to be doubted,Ware, 151. but the Irish had Solicitations from many others besides the Bishop of Mets; for in the beginning of the following Year, O Neal began to declare himself the Champion of the Papacy, and having entred into a Confederacy with O Donel, Macgenis, Ocahane, Mac William, O Hanlon, and others, they joyntly invaded the Pale, and marched to Navan, burning that and Athirde, and all the Country as they marched, and thence they came to the Hill of Taragh, where they mustered their Army with great Ostentation; and so having taken a vast Prey, and done abundance of Mischief, they designed to return home.
But the Lord Deputy, who foresaw this Storm,1539. had sent to England for Aid;Holingsh. 101. and Sir William Brereton, who was newly returned to England, was immediately sent back with two hundred and fifty Cheshire-Men: It is reported of him, That he broke his Thigh in two Places, by a Fall from his Horse, as he was exercising his Men; and that nevertheless he was so Valiant and Zealous, that he caused himself to be halled into the Ship by Pullies, that the Succours might not be detained any longer.
In the mean time the Deputy,Ibid. with the Forces of the Pale, and the Mayors and Citizens of Dublin and Drogheda (in May) marched to Bellahoa, where O Neal was encamped on the other side the River, they marched all Night to surprize the Enemy, and came to the River by break of Day.
The valiant Baron of Slane led the forlorn (and having first substituted Robert Betoa his Standard-bearer, instead of the cowardly Robert Halfpenny, who declined the Adventure, because of the Danger) he rushed into the River, and being well seconded by Mabe of Mabestown (who was there slain) though the Inconveniencies of passing the River were very great, yet they at length got over, routed the Gallowglasses, [Page 260] slew Macgenis, defeated O Neal, and recovered all the Prey of the Pale, and continued the Pursuit till Sunset.
The Deputy exceeded the rest as much in Courage as Authority, and behaved himself exceeding bravely; and after the Battle knighted Chief Justice Ailmer, Talbot of Malahide, Fitz-Simons Mayor of Dublin, and Michael Cursy Mayor of Drogheda, in the Field; and well they deserved it, for their good Service in obtaining so great a Victory, which broke the Power of the North, and quitted the Borders for some Years; and yet there were not above four hundred of the Rebels slain.
But whilst the Deputy was in Ʋlster O Connor and O Toole made Incursions into the Pale, and though they did much Mischief, yet the Country suffered more by unseasonable Weather, for the Summer was so hot, that even some Rivers were almost dried up; and the Autumn was very Sickly and Unwholesome; and the Winter so excessive cold, that multitudes of Cattle perished by reason thereof.
And now began the Abbots and Priors upon Assurance of Pensions,Ware, 152. during their respective Lives, to surrender their Abbies and other Religious Houses, to the King; it would be too tedious to give a Catalogue of all that did so; but these following should not be pretermitted, because they were Lords of Parliament.
- Mellifont