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A67619 An answer to certain seditious and Jesuitical queres heretofore purposely and maliciously cast out to retard and hinder the English forces in their going over into Ireland ... Waring, Thomas, 17th cent. 1651 (1651) Wing W872; ESTC R13161 43,770 74

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the entire Countie of Meath the best and greatest part of the Countie of Westmeath all the Countie of Kildare the greatest and best part of the Countie of Catberlagh part of the Countie of Wickloe the greatest and best part of the Countie of Wexford all the Countie of Waterford the greatest and best part of the great Countie of Cork the greatest and best part of the Countie of Limerick a great part of the Countie of Kerrie the better half of the Countie of Tipperary all the Countie of Kilkennie all the Countie of Galwaie a good part of the Countie of Roscomon the most part of the Countie of Maye besides the large territories of Leix and Ophalie in the Queen's Countie and King's Countie planted in Queen Maries and the beginning of Queen Elizabeth's Reigns upon the Rebellion of the Mores and Conners the surnames of these old English so manie as of manie hundreds more can here bee remembred are annexed towards the end of this Answer to the first Quere Of these sirnames manie are spread into verie numerous Families and persons of which manie are advanced to degrees of Honor and verie manie possessed of great estates and further to prove that those English were so possessed of all those Lands King Henrie the second and som other succeeding Kings granted unto manie of those Adventurers Countie Palatines and unto manie other verie large Franchises and immunities for the better ordering of the Colonies those Adventurers divided the Lands generally into Mannors particular Freeholds and other English holdings which for the most part do so continue to this daie they granted all those Lands for easie rents and services to their Comilitants except som small parts which they kept in their own hands who or others deriving from them do still hold the same pro parte conquestus as generally appear's in their ancient evidences Yet further to prove the English great and general possessions there it is an apparent and unquestionable truth that the English and strangers onely did build all the Castles and stone-buildings which then and for som hundreds of years after were to bee seen in anie part of that Island neither had the Irish anie stone buildings of their own erecting till about the reign of King Henrie the eighth when som of them gained estates from the Crown howbeit it is related in Historie that the English built Castles from Sea to Sea beeing enjoined thereto by Law beside what was don by Kings great Lords and other principal adventurers It is further true that all the Cities Towns and Corporations throughout that Land are entirely English and onely and originally endowed with Charters Franchises and Lands by the English And howsoever som of the Maritim towns were at first planted as is traditioned from the Ancients by Owstmen or Easterlings who fully submitted to the English Law not suffering anie Irish to dwell amongst them yet those first Inhabitants were after either so retracted or so worne out as the Inhabitants became wholly English as they undoubtedly remained till the reign of Henrie the eighth and are for the most part hitherto the same where they have not in som parts of Ireland been ruined and corrupted by Irish Rebellions and insurrections It is true likewise that all the bridges and passages were built and made onely by the English of old and of late by the English autoritie And also that all Monasteries Religious Houses and Churches of anie good structure were founded built and endowed by the English only som few despicable Cels of Monks there were and some few poor Chappels dispised specially in some poore Islands thereof These being evident demonstrations of the universall possession of the English in that Island it is further verified by some of their Laws in that Land wherein mention is made of beautifull Cities and Townes planted by the English in that Island but destroyed by Irish Commotions and garboils And more particularly by the Statute of Absentees in tempore Henrie 8 and other Statutes wherein are expressions declaring the tranquillitie and good order of the English in that Land that the English long defended it in due subjection against the Irish enemies It is also much to be observed that it is not to be seen before the time of King Henry the 8 That the Irish had either Charter evidence or authentick writings for any Lands or possessions neither could they have Interest they being no other till then but enemies and Aliens neither had they distinctions or degrees of honor or Gentrie neither Armenor other Enfigns or Officers of honours or gentrie as Duke Marquess Earl Viscount Baron Knight of any Order Esquire or Gentleman till the English introduced them neither had they Governors of any legal or orderlie form or Judges or Officers of any certaine Law or judicial cours neither had they Migistrates of anie Cities Burroughs or other Corporations or Courts of Justice Ecclesiastical or Civil or seals either of Justice or honour or other species of civil or certain Reglement And to give you these truths of the ancient and modern right and possession of the Britains and English in and to Ireland somwhat further ratified in all the parts of interest in jurisdiction and dependence it appear's by good antiquities that long before the entrance of William the Norman into England the arch-Arch-Bishops of Canterburie had primacie over all Ireland and that the Bishops of Ireland according to the ancient usage and custome as is written received their consecrations from the Metropolitan of England it being declared in the time of the said King William and his Son that Canterburie was the Mother Church of England Scotland and Ireland and other Islands adjacent there being no arch-Arch-Bishops in Ireland till about the yeer 1152. In justification of what is before premised it is recorded that Gotherick one of the pettie Kings in Ireland did write to Lanfrank Arch-Bishop of Canterburie for consecration to be granted to Patrick nominated for a Bishoprick Also that the said Arch-Bishop Lanfrank out of his authoritie there did write to Thurdelnack another pettie King there wherein he laie's to their charge That the Irish men at their pleasure did forsake their wedded wives without canonicall caus and match with any others even such as were neer a kin to themselvs or their abandoned wives and that if another man with like wickedness cast off a Wife her also rashly and hand over head they joined withal by lawes of marriage or rather fornication an abuse worthy to be punished Also that Murchertagh another pettie King of Ireland and the Citizens of Waterford addressed to Anselmus Arch-Bishop of Canterburie Anno Dom. 1095. for erecting and ordaining at Waterford a Bishop where no Bishop had been and for consecrating a Bishop there whose name was Malchus hee also wrot for consecrating another to be Bishop of Dublin much about the same time also that the Citizens of Dublin sent Gregorie chosen to bee Bishop there unto Ralph Arch-Bishop of
their homage to him who thereupon came and performed the same accordingly which was don in the year after our Saviour's nativitie 579 and this prove's a claim at least made by the Kings of great Britain to the Island of Ireland as part of their dominions Afterwards as is known to all men of anie reading the Saxons and Angles out of Germanie invaded great Britain and by manie contests in Arms and bloudie Battels obteined the Dominion thereof dividing it into several Kingdoms amongst themselvs which continued for manie years In all which times the Irish Inhabitants took more Libertie to root themselvs in their barbarous usurpation and tyrannie for wee cannot finde that then before or since they established anie certain Government either regal or otherwise neither are there extant anie authentick memories of anie certain or passable Laws ordeined by them for the regulating of anie Christian people yet soon after the Saxon's Heptarchie was reduced into an Entire Monarchie It is manifest by good Historie and Record that Edgar King of great Britain then and now called England not unmindful of that Kingdom 's ancient right and interest in Ireland labored and obteined another reducement and had the possession of most of that continent as appear's by the Books of that excellent writer Judg Cook extracted out of Records of the Tower Afterwards when the Danes obteined the Rule and power in great Britain they so little forgot the ancient and just challenge to Ireland as that they sent thither good numbers of men who gained large footing in several places of the best parts of the Island of whom there yet remain manie visible Monuments as their intrenchments and Fortifications to this daie called Danes Mounts or Rathes in Irish Lisses and round slender high Towers yet called Danes Steeples or Danes Towers yea the best and largest Suburbs about Dublin is yet called Ostmantown which term the Saxons gave to the Danes as Easterlings and doubtless it is their then access and som former incursions made by them as aforesaid which left manie of them there fixed who were the ancestors to the now pretended original Nation as pretended to bee given to them by God and Nature Afterwards the Norman William the Conqueror became possessed of the Dominions of England it is universally known what business hee had aswel to settle that so gained Land as to content his Allies and parties brought with him and to preserv what hee left behind him in France to which retrospect hee was enforced by manie disturbances and attempts neither is it unknown how unwarrantably his three next successors came to the Crown in England and against what counterworkings and heart-burnings they held Regencie there besides their distractions in their affairs and from their neighbors of France beeing not free from incumbrances of Scots and Welsh whereby all judicious men may conclude that none of them could safely embrace the restitution of Ireland howsoever it concerned them But assoon as one lineal descent had setled the Crown of England upon King Henry the second who was great Granchilde of the said William the Norman and who is recorded to bee the most powerful English Monarch both in England and France since the Normans coming in That King applied to the Pope for his consent to regain his said Land of Ireland who consenting thereunto to the end it might bee brought into orderly Government as well Ecclesiastical as Civil Hee yet suspended all action thither for som years beeing interrupted by his affairs in France and the disobedient combinations of his sons But after an occasion hapning by the invocation of one of the Irish pettie Kings hee permitted manie of his Subjects of England and Wales to pass thither who by their valor possessed themselvs of a good part of that Island Then in the year 1172 did that King with a competent Armie repair thither in person and resumed into his hands his ancient right of Dominion and interest there without much bloudshed and was therein confirmed by the absolute and free submissions of all the pettie Kings and other Rulers aswel Ecclesiastical as Temporal and by all others then of anie value there which they delivered unto him under their Seals There did hee also receiv the Homage Fealtie Allegiance and subjection of all those pettie usurping Princes and others as his Liege Subjects There did hee hold a great Council or general Assmblie of all the Prime inhabitants of that Island at Lismore which they called a Parlament and gave them the English Laws Vbi Leges Angliae ab omnibus sunt gratanter receptae juratoriâ cautioone praestitâ confirmatae There did hee send his Mandats to the Archbishops Bishops and Clergie of Ireland to assemble in a Synod at Cashel wherein Cbristianus Bishop of Lismore was President in which Synod that King's entrance actions and atchievments there were declared to bee lawful and it was there also concluded that it was most meet that as Ireland by God's appointment had recovered a lawful Lord and King from England so also they should from thence receiv a better from of living they also then established that all Divine Offices of holy Church should from thenceforth bee handled in all parts of Ireland according as the Church of England did observ them In that Synod also they made divers other Canons concerning the Church-Government there which Acts were ratified by the Regal Autoritie of the same Henrie the second To the same purposes another general Synod was soon after held at Armagh in Vlster where the same things and others for right ordering of that Government were resolved and agreed upon There was also placed Hugh Lacie Justice of Ireland for the Government of that Land wherein that Land then seemed to bee formally setled in a peaceable subject condition to England as it ought to bee Thus may the Querist and all others see that that Land and supposed original Nation did not continue manie hundreds or thousands of years nor was enjoied till these times without anie others laying claim to have right to the same It may bee demanded though standing thus how might King Henrie the second seiz all that Land into his own hands and grant it to adventurers as after hee did To this the answer is easie For in a short time after that King and the greatest part of his Army withdrew into England Then did all those pettie Kings Rulers and men of value and the other Inhabitants falsly and traiterously join in a Confederacie and action to extirpate and expuls all the English and Welsh then left there and did cast aside their dutie and obedience to England and the good order and Laws so freely and lately entertained by them breaking all Faith and Allegiance to him to whom they had formerly sworn it they murthered as manie as they could take at advantage and at last besieged Dublin and other Towns intending to destroie all the English But the valor of those men left there and the
or Marcheor Law That if anie of the English race should use an Irish name Irish language Irish apparrel or anie other guise or fashion of the Irish his Lands should bee seised till hee conformed Or if he no Land then other mulcts were appointed That the Lords should not disturb the King's Officers in executing their Offices That Serjeants Bailiffs should execute the commands of the King and of the Sheriffs that the Sheriffs and Serjeants of Franchises should give acquittances for the Kings money received of Debtors and receiv and pay by Indenture That no Sheriffs should hold Courts contrarie to the Common Law That the English should not marrie nor Gossip with the Irish That the English should use the English language and nurture That old and new English should all alike be called Lieges of the King That no English should use Irish or barbarous sports that no Irish Pipers Rimers bablers Skelaghs Ferdanes Carraghs or news-tellers should bee suffered to com amongst the English That no Kearns Hoblers nor idle men should range take meat c of the people against their wills but hue and crie to be made after them That no Irish should be admitted to benefits or entred into religious houses That Judges should travel half yeerly to enquire of offences and to execute the Law That four Justices of peace of and in each Countie should charge the Inhabitants with hors and foot to defend themselvs against Irish enemies That robberies committed in the guildable should not be protected in the franchises and so on the contrarie but the theeves to be delivered up to the proper officers and many other like Laws were then made towards restauration and recomposing of the then deformed and adulterated English and for the further redress divers other Laws som before and som after were made viz. One to take away protections which with frequent pardons were observed to be pestilent Remora's to the English restitution and secure peace insomuch as King Edward the third towards the later end of his reign sent two Ordinances into Ireland viz. First Justitiarius Hiberniae non concedat pardonationes de morte hominis nec de roberiis seu incendiis et quòd de caetero certificet dominum Regem de nominibus petentium Secondly Item quòd nec Justitiarius nec aliquis magnas Hiberniae concedat protectiones alicui contra pacem regis existentis And the experience of the common dammage by such pardons and protections ever since prove's the malignancie of them that being charged by divers good authors conversant in Irish affairs to be the dishonour and ruine of the Common-wealth Other Laws were also made viz. One to distinguish betwixt the English and Irish by the cutting off their beards Another against the taking of amends for the murther of a friend Another That no man should stirr up the Irish to assist in their warr Another Against taking Theeves into Comerick in English protection All which Laws at Kilkenny were after confirmed and revived by another Law made in the tenth yeer of King Henrie the seventh Chap. 8 Wherein are these words viz. As long as those Laws were put in ure and execution this Land continued in prosperitie and honor and since they were not executed the people rebelled and digressed from their obedience and the Land fell to ruine and desolation c. And the truth is it appear's by good Histories of those times and more authentically by Records both of the Exchequer Common-pleas of those yeers that by practice of these Lawes and the industrie travel of the said Lionel notable alteration was made in the manners of the people and much don of value towards the restitution of the English Government in the English Colonies That the Crown-Revenues both certain and casuall were duly accompted for in all the Provinces and that the King's Writ did run the Common-Law executed in all parts amongst the English This Duke built the wals of Catherlagh hee also reduced much lands in Connaght and Vlster into the English mens hands and this good order continued all the residue of that King's reign and part of the reign of King Richard the second but towards the middle of his time the Irish and som farr degenerate English hearing of the Duke of Clarence his death in Italie and finding great dissentions to arise in England combined themselvs to the fresh annoiance of the English and prosecuting their long intendment to exstirpate them And now did the English finde caus to rais themselvs into defens against the Irish which they were afterwards dangerously put unto thereupon that King having received repuls in his affectation to bee Emperor and desirous to act somthing of glorie and satisfaction to his people about the 18 yeer of his reign undertook a roial expedition into Ireland transporting with him 30000 foot and 4000 men at Arms as the Chronicles relate whereat the Irish being terrified fell into their old lock of submissions the verie gulf which hath hitherto swallowed up all the essaies and labors of reformation there hoping thereby to dissolv that force and frustrate his good design and to insist on the verie truth that cours of pardons upon submissions of the Irish hath for at least three hundred yeers past bottomed all the combustions and insults of the Irish That King being not in case to be long absent was perswaded to accept of their submissions which hee did from all the powerful men of the Irish and som degenerate English Lords those Irish of Leimster taking Oath to leav the Land to his free dispose by a certain time Great quantities of the Leimster land were granted to Sir John de Bellomonto and others whose issues long after enjoyed it he also conditioned with the Irish of Connaght and Ulster upon their submissions to restore the Lands to the English which the Irish never performed So this young Prince abused by the fraudulent submissions of the Irish as others before and after were returned with his men into England leaving the English in Ireland in but a little better case then he found them Soon after his departure the Irish brake forth and stood up for their ends as high as ever whereupon ensued great conflicts between them and the English in one of which was slain Mortimer Earl of March the King's Lievtenant thereupon did many of the English overhaled with burthens and harrowings relinquish their estates and resort into England to side with Parties there as their affections did lead them though Lawes were in Ireland and Ordinances in England as well to stop their going as to return them back It is not recorded nor known as is conceived that in the reigns of King Henrie the fourth or King Henrie the fifth who were much taken up in other business any forces were sent into Ireland whereby the Irish inlarged much partly through the departure of the English and chiefly by the great devastations they formerly suffered besides what diminutions they endured by