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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
the Irish Partisans fell into the more northern parts of Connaght as the Counties of Sligo and Leitrim and also the Northern parts of the Countie of Roscomon who so fully accomplished the expulsion of the English as in the time of King Charls an intention beeing to plant that Province upon Inquirie made into everie particular man's holding there could not bee shewed anie antient Evidence for anie Land holden amongst them as in the other Provinces of Mounster and Leimster are to bee shewed in great numbers About the twentie fifth year of King Edward the third was Richard de Clare murthered by the men of Thomond at what time and after the Irish so insulted there as the English were either in short time massacred or forced into other parts for their more safetie And thus is plainly evidenced in brief part of the means of the great incroachments of the Irish upon the English possessions especially in the remote parts and now were the English Lords and such of the English Freeholders as they could draw or force with them arrived at a great height of degeneration Now had they for the most part betaken themselvs to the Brehan or Tanistree Law as they called it and other Irish usages and customs so destructive to themselvs and repudiated the English Laws brought with them under which they happily lived and under which the people of England had and have so manie ages florished and been famous through providence except what remained in the five shiers of the Pale and in som small circuits about the walled-Towns which reteined in som measure the English Laws Now did they generally embrace the Irish garb of licentiousnes and tyrannie over the inferiors They erected amongst themselvs Captain-ships in their Countries after the Irish fashion and unwisely suffered the Irish to do the like where they had gotten footing applauding them in all things whereby the Irish were raised into a kinde of Dominion they little obeied or regarded the Governors sent out of England though for their onely good and manie times to rescue them from the Irish outrages and furie and reconcile their own unnatural jars they suffered not the King's Writs to run in their Countries but they would undertake in a summarie waie to answer for their followers as they now call them for what wrong or crime soever committed they assumed Irish nicknames as the chief of the Burks Mr William Brimingham Mr Yoris Mangle Mr Costelo Dexeter Mr Jorden Archdeacon Mr Odo Condon Mr Maiog one of the Garaldines Mr Gibbon and som hundreds the like in that Land and this they did in contempt of the English name and Nation They went to the wars in Irish furniture to their horses and Irish arms defensive and offensive shearing their horses mains after the Irish manner Insomuch as afterwards there was necessitie by Laws to enforce them to ride in saddles the Irish riding onely on small quilted pillions fastned onely with a sursingle they combined in sull complacencie for cours of life with the Irish in all things even to rebellious actions several times yea so far were they sunck in this base degeneration and defection as the Earl of Desmond claimed privilege never to com to Parlament or within walled Town but at his own pleasure which privilege hee in Queen Elizabeth's time surrendred and renounced And it was resolved amongst them that becaus they by violence and oppression had intruded into the Lands of the inferior English and given the Irish libertie to dwell there first at will though it proved otherwise after and finding the power out of England slack to controul them by reason of other imploiments They at length judged it most preservative to incorporate with the Irish and so cast off the English Law and Loialtie presuming thereby the better to keep what they had so ravished knowing well that if the English Law gained concurrencie amongst them the parties wronged or their descendents removed as aforesaid would doubtles recover their own and so shorten the great revenues and cuttings wherein they thought they had ascertained a compleat interest by those waies of confusion But it fell out otherwise in shor time for by God's just avengement on their wickedness the Irish who manie years lived in the Island as aforesaid by their sufferance neither of force nor anie waie deterred by the English daily increasing in numbers actuated in Martial Discipline possessed also though but at will of great quantities of Land they as opportunities offered part whereof is after herein expressed rose up against their Lords especially in the Woodland Countries and called the Lands their own and in short time became formidable to the English who began now to finde their error in so prodigiously forgetting themselvs their noble ancestors and originals and the glorious Kingdom from whence they came putting themselvs in a manner into the hands of their slavish enemies and as may bee said were transformed into another people These disorders fractures and insolencies and the great pressures and detriments of the English crying loud into England at last the noble and victorious Prince King Edward the third pitying their deformed and lapsed condition in the thirtie sixth year of his reign though his forrein engagements were great and heavie at that time sent thither as his Lieutenant Lionel Duke of Clarence his third son above mentioned with a competent strength to reduce things to some better form this young Lord continued there for the most part seven yeers brought with him a good and honorable Council both for peace and warr set himself with all zeal and affection specially to reorder the English Colonies if it might be to reintegrate them in their pristin estates freedom and government himself having good interest there as is above touched To this Livetenant manie of the Irish made submissions as they had manie times don before to King Henrie the second King John and after to King Richard the second and others authorised by the Kings of England he had sundrie conflicts with the Irish verie manie of the English after a short time siding with him About the 40 yeer of King Edward the third he held that famous Parlament at Kilkenny wherein plainly appear's by the Lawes made there and som others formerly enacted by Rockesby Justice of Ireland 25 E. 3 the great degeneration and deformitie of the old English above specified Laws and Statutes being the best Dictates of the maladies of times and that the principal labour was to reform and bring into temper and rule of Law the old English Colonies Som particulars of which Laws were viz. Against Parlies with the Irish without leave That Chieftains should assist and apprehend Felons Against barbarous Fees and extortions of the Lord's Officers called Marshals Against the English calling the Irish to help them in their quarrels Against the Lords distreining contrarie to the English Law That the English should only use the English Law and not the custom called the Brehan Law