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 In the mean time Mac Mahon play'd the Devil in Vrgile 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 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 Vlster 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 Hoâ—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 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 Vriel 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
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 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 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 Vlster 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 lib. The Barony of Lecale to O Neal of Clandeboy per annum 20 The County of Vriel 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 Bâ—â—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 Vlster and upon very frivolous Pretences great Portions of Laâ—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 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-Eusâ—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 Englaâ—d ◠〈◊〉 4. and that that noble Family was in Disgrace all this â—eâ—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 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
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
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 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 Vlster 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 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 Vlster 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 't is 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 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 Vlster and afterwards the whole Kingdom In the mean Time Courcy Lord of Connaught and Earl of Vlster 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 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 nick-named 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 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
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 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 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. Ã 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 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 esâ—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
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 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 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 My Lord 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
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 Vlster 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 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 Vlster 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 't is 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 Vsher'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 were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster 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 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 Vlster 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 Vlster 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 Vlster and William de Wellesby and Sir Robert Percival were slain in October also an 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 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
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 â—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 Vlster 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 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 Calixâ—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 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 Peterâ— 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 Vlster had for his own share undertaken to conduct and though the English suffered a Defeat by O Nolan so that
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 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 aâ—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. 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 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 Bakâ— which he had by
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 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 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 disgraced when ignoble Men are put in the highest Authority over them Edmond Mortimer Earl of March and Vlster 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 Paâ—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 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 Assensâ— 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 Vlster 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 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
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 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 Vlster 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 Vrgile 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 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 Vlster In May Sir Walter Betterly Steward of Vlster 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 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 Vlster 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
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 â—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 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 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 Vlster 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 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
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 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 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 Vlster 1517. reinforced his Troops and marched into 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
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 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 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 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
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 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 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 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
grand Captain four shillings a petit Captain two shillings and an hundred Harquebusses I suppose on Horseback half at eight pence and the other half at nine pence a day makes three pound sixteen shillings and ten pence per diem and an hundred and seven pound eleven shillings and four pence per mensem and per annum 1402 04 02. Mr. Brereton's Retinue a grand Captain four shillings a Captain three shillings a petit Captain two shillings and an hundred and fifty Archers at six pence apiece is four pound four shillings per diem and one hundred and seventeen pound twelve shillings per mensem and per annum 1533 00 00. The Knight Marshal's Retinue a grand Captain four shillings and twenty nine Horsemen at nine pence a day is one Pound eight shilling per diem eleven Pound eighteen shillings per mensem and per annum 0511 00 00. Clerk of the Cheques Retinue ten Horsemen at nine pence and himself a shilling is eight shillings six pence per diem eleven Pounds eighteen shillings per mensem and per annum 0155 02 06 The Treasurers Retinue forty Horse at nine pence and himself at six shillings and eight pence per diem is per annum 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum 0048 13 04 Charge of the Ordnance besides what comes out of England is per annum 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was because the Lords and Gentlemen of the Country were bound by their Tenures to assist the King with a certain number of Men at every Hosting or rising out as they call it and as for the Artillery it was so contemptible that I find by one of the Letters from the Council at the Camp that the Army had but one broken Piece and therefore they desire another may be sent them But before we proceed farther in the Affairs of Ireland it will be fit to pay that respect to the Memory of the late Lord Deputy the Lord Grey as to give some Account of his Misfortunes and Destiny He had certainly performed considerable Atchievments in Ireland and great Commendations of him are contained in most of the Letters from the Council to the King and his Majesty did so well approve of his good Services that he Created him Viscount Grany and although the Earl of Ormond the Lord Chancellor Allen the Vice-Treasurer Brabazon and Sir John Travers went with him or immediately followed him into England to impeach him yet he was kindly received by the King and and carried the Sword before him on Whitsunday Nevertheless he was in a short time after imprisoned in the Tower and accused of very many Articles the principal of which are these First That O Connor feasted him and mended Toghercroghan for him and that in favour of O Molloy a Rebel he took a Castle from Dermond O Molloy whose Father-in-Law O Carol was a good Subject for which the Lord Grey had a Bribe and Stephen ap Harry had twenty Cows Secondly That he took the Castle of Bi r from a Loyal O Carol and gave it to a Rebel O Carol who married the Earl of Kildare's Daughter and also took Moderhern a Castle belonging to the Earl of Ormond and gave it to the Rebel O Carol and wasted the Earl of Ormond's Lands for which he had an hundred and forty Kine and Stephen ap Harry had forty and Girald Mac Gerrot had a black Hackny Thirdly That he took forty Kine from O Kenedy a Tenant of the Earl of Ormond's and his Son for Hostage Fourthly That he held secret and private familiar Correspondence with James of Desmond and went to visit him in his Tents in his Night-Gown and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abby from Ruine and O Brian to give him thirty Kine and Hostages Vlick Bourk a Bastard gave him 100 Marks to have Ballimacleere-Castle and to be made Mac William and that he carried the Artillery in a small Vessel to Galway and made the Town of Galway pay thirty four Pounds for that Carriage Fifthly That the Exploits at Bryans Bridge c. were in favour of O Bryan a Rebel Desmond's Son-in-Law and to the prejudice of Donough O Bryan a good Subject and that he took a Bribe of eighty Kine from Macnemarra Sixthly That trusting Desmond and O Bryan he hazarded the King's Army in a long and dangerous Journy wherein Desmond quarrelled and deserted him and O Bryan sent but one man with a Battle-Ax to guide him Seventhly That he rifled the Abby of Ballyclare and left neither Chalice Cross nor Bell in it Eighthly That he destroyed the Castles of Lecagh and Derriviclaghny in favour of Vlick Burk though the rightful Proprietor offered Submission and Rent to the King Ninthly That he had secret Conference with and received a Horse from O Connor Roe who was the chief Instrument in conveying away the young Fitz-Girald Tenthly That he took eighty Kine from O Maddin and forced O Mlaghlin's Son from Mr. Dillon whose lawful Prisoner he was for which he had seventy Kine And there was a Commission sent to Ireland to examine Witnesses and they say that these Articles were proved by the testimony of above seventy Persons whereof some were of Quality that is some of them swore to one Article and some to another so that the Lord Grey who was Son to the Marquess of Dorset and Viscount Grany in Ireland but no Peer in England being tried by a common Jury thought it his best way to confess the Indictment in hopes of the King's Grace and Pardon but in that he was mistaken and although his Services did infinitely over-balance his Faults yet he was publickly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others Holingsh 102. to be laid to his Charge Ware 162. 1. His Partiality to his Nephew Fitz-Girald afterwards Earl of Kildare whom they say he might have taken 2. That his Servants pillaged the Gentlemen in Munster that entertained them 3. That he had inveigled Thomas Fitz Girald to submit by Promises which he had no Commission to perform and that he did it to destroy that Lord that his own Nephew might come to be Earl of Kildare as afterwards he did 4. His Sacrilege at Down But however that be it was not long after his Execution before a Commission was directed to Archbishop Brown and Cowly Master of the Rolls to make an Estimate or Survey of the Lord Grey's Estate in Ireland and to deliver it to the Lord Deputy Saintleger to be disposed of as the King shall direct Sir William Brereton 1540. Marshal of Ireland was sent by the Lord Deputy into Munster to take the Submission of James Fitz-John Earl of Desmond and to bring him to Dublin but the Marshal died at Kilkenny nevertheless the Earl on the
proved disadvantagious to the State and that lenity to the Irish Rebels has produced no other Effects than that it has encouraged them to relapse and others to follow their Example And of this Shane O Neal affords us one Instance for notwithstanding this Submission it was not long before he rebelled again and Rory O Connor and Donough O Connor followed the same Copy for though they submitted at Dingen and put in Hostages for their Loyalty yet they rebelled once more and therefore were on the twenty fifth Day of February proclaimed Traytors and at length were slain and their Country wasted 1557. In like manner William Odare O Carol was made Governour of Ely O Carol under certain Conditions one of which was To send a certain number of Soldiers to every Hosting but this Condescention and Kindness could not oblige him but that the ungrateful Traytor rebelled next Year and was routed and Thady O Carol was put in his Place And so we are come to the Parliament which began the nineteenth day of June and on the second day of July was adjourned to the tenth day of November to Limerick and then was adjourned to the first day of March to Drogheda but the Lord Deputy who by the Death of his Father was Earl of Sussex went to England on the fourth day of December and not returning before the first day of March the Parliament by his Absence became dissolved It seems that besides the Statutes that are in Print this Parliament enacted 1. That the Queen was Legitimate 2. That the Royal Power was vested in her 3. That her Issue should inherit the Crown and Kingdoms of England and Ireland 4. That Heresies should be punished and three Statutes to that effect were revived 5. That all Acts against the Pope made since 20 Hen. 8. be repealed 6. That the Grants made by Archbishop Brown be void and cap. 12. that First-Fruits be released But afterwards by the Act of the second of Elizabeth cap. 1. the Act of Repeal was repealed and the revived Statutes against Heresie were suppressed the Jurisdiction of the Pope was abolished and cap. 3. the First-Fruits and twentieth Part were restored to the Crown There was also an Act to give the Queen a Subsidy of thirteen Shillings and four Pence out of every Plow-land for ten Years And another to make it Treason to introduce or receive armed Scots into Ireland or to marry with a Scot without Licence under the great Seal The printed Acts of this Parliament are I. For the Disposition of Leix and Offaly II. For making the King's County and Queens County Shire-Ground and entituling their Majesties thereunto III. For making other Counties into Shire-Ground IV. To explain Poynings Act that new Bills whilst the Irish Parliament sits may be transmitted into England for Approbation as well as if they had been sent before the Parliament met V. That Labourers or Cottiers shall not buy Horses more than is absolutely necessary VI. That the Owners of stolen Goods using their best Endeavours to prosecute the Felon shall be reprized out of the Felons Goods if they cannot get their own again VII That no Body shall make Aquavitae without Licence under the great Seal except Noblemen Gentlemen and Freemen of Towns that send Members to Parliament And it is to be noted That this Act which was designed to spare Corn and prevent a Dearth was necessary at that time Yet now the Kingdom is better improved and consequently abounds in Corn this Act though not repealed is become obsolete and a quite contrary Act viz. To encourage the Making and Exportation of Aquavitae would tend very much to the Advantage of Ireland In July the Lord Deputy made an Expedition against the O Maddens whose Country called Silanchia now the Barony of Longford in the County of Galway was last Year on the Murder of John O Madden divided between Malachy Modhar and the Murderer Brasil Duff the Deputy sent a Summons to the Castle of Melik but the valiant Warders not only boasted how stoutly they would defend it but also believing that every Summons was an Affront and as it were a Suspicion of their Courage they assured the Herald That it should not be safe for him to come with any more such Messages to them It is hardly credible That after all this Ostentation these Men of War should desert the Castle the very next Night however they certainly did so and the Lord Deputy placed a Garrison in it and returned On the tenth of August the Lord Deputy advanced into Vlster Ware 220. being accompanied by the Lords of Kildare Ormond Baltinglass Delvin Dnnboyne and Dunsany his Design was against the Scots but they sheltered themselves in the Woods and Bogs so that he did them no other Mischief than that he took some Preys however some of them were thereby perswaded to submit and Daniel Mac Conel and Richard Mac Guilliam received the Honour of Knighthood On the twenty second Day of October the Lord Deputy made another Journey into Vlster And on the twenty fourth day he came to Dundalk and on the twenty fifth he took a Prey and came to Armagh the Rebels still flying before him on the twenty seventh he burnt Armagh except the Church and marched to Newry and so on the thirtieth day of the same Month returned to Dublin And being ordered to attend the Queen in England he first obliged O Carol O Molloy Macgehogan O Doyne Mac Coughlan the two O Maddens and Fylemy Duff to gives Hostages of their Good Behaviour And then on the fourth of December he set sail for England leaving Hugh Curvin 1557. Lord Chancellor and Sir Henry Sydny Treasurer at Wars Lords Justices by Patent dated at Westminster the twelfth of November after they were censed and sprinkled with Holy Water and Mass was celebrated they were sworn at Christ-Church on Sunday the fifth of December and received the Sword from Sir John Stanly the Marshal with whom it was left to that Purpose and they continued in their Office until Sir Henry Sydny Ware 222. Lord Justice was sworn on the sixth of February by the Queen's Command and by virtue of a Commission bearing date the eighteenth day of January he attacked Arthur O Molloy Chief of Fercalia who was brewing new Treasons and favoured and cherished those that were in Rebellion But the Lord Deputy did soon over-run his Country and made Theobald O Molloy Governour thereof and took his Son for a Hostage of the Father's Fidelity and then by Cess in the Pale the Deputy furnished the Forts of Maryburgh and Philipsburgh with Victuals and returned to Dublin where he made Proclamation That no Corn should be carried out of the Pale In the mean time Shane O Neal invaded Tyrconnel designing to reduce it to the former Tribute and Dependance it paid to his House Calvagh O Donel being too weak to resist by Force betook himself to his Politicks and made an Essay by Night on the
Dungannon O Connor Sligo O Carol and others When he came to Hampton-Court with two hundred Gentlemen in his Train it hapned that the Queen was looking out at the Window Hooker 118. and seeing such a Multitude she was thereat surprized until she was told it was the Lord Deputy of Ireland and then she replied It was well enough for he had two of the best Offices in the Kingdom And being come in he was well received for the present by the Queen but after a while was told by some of the Courtiers That the Scussle in Ulster was not worthy to be called a War since the principal Rebel Shane O Neal was but a Beggar and an Outlaw However the Earl of Desmond and O Connor were clapt up in the Tower and Sir John of Desmond was sent for and imprisoned in the same place But O Connor Lib. L. by Indenture made his Submission to the Queen Lib. H. and thereupon was enlarged and the next Year viz. the twelfth of July 1568 the Earl of Desmond submitted in most humble manner and laid all his Estate at her Majesties Feet and promised to convey what part she should be pleased to take of it and acknowledges to have forfeited a Recognizance of twenty thousand Pounds which he had formerly made to the Queen as hath been already related But when Sydny went to England he left Doctor Weston Lord Chancellor and Sir William Fitz-Williams Treasurer at Wars Lords Justices by Commission under the Great Seal of Ireland Dated the fourteenth Day of October In their time private Quarrels did swell almost into publick Wars for not only Sir Edmond Butler and Pierce Grace did invade Oliver Fitz Girald's Territories with great Fury but also the O Connors and O Mores who were Proclaimed Traytors did now appear in the Field with a thousand Gallowglasses and threatned to spoil O Carol's Country and to burn Kilkenny and the Defendants being in no good condition to resist did in vain importune the Government for Assistance Moreover Daniel Mac Carty More despising his Title of Earl of Glencar assumed the Title of King of Munster and having confederated with O Sullevan More Mac Swiny and others he invaded the Lord Roche's Country with Banners displayed and destroyed all the Corn together with seven Hundred Sheep and killed many Men Women and Children and carried away fifteen Hundred Cows and an Hundred Garrons Nor was the Contention less between James Fitz Maurice of Desmond and the Lord of Lixnaw And there happened another barbarou accident that was more surprizing than any of the rest for one Maurice Gibbon alias Reagh who was by the Popes Bull appointed to be Archbishop of Cashell had the Confidence to come to James Mac Caghwell who for some time had been Archbishop of that See Ware de presul 172. and to demand Possession which being refused the barbarous Villain stabbed the Archbishop with a Skein but it so happened that the Archbishod recovered and Maurice made his escape into Spain In Vlster Cambden 121. Turlogh Lynogh had assumed the Name of O Neal and in an Encounter with the Scots had killed Alexander Oge but it seems that quarrel was appeased and one Thousand of the Scots took Pay under Turlogh and invaded the Ferny contrary to Articles In Connaught there was a new Broil between Mac William Oughter and O Connor Sligo about a Rent in Eyter Conaught and in Thomond there were great Contests between the Earl and O Shaghaness and in this disorderly and tumultuous Condition stood the Kingdom of Ireland 1568. when in September Sir Henry Sydny Lord Deputy landed at Carigfergus he immediately sent for Turlogh Lynogh who came to him and confessed his Fault and with the greatest Humility begged the Lord Deputies Pardon which with great difficulty he at length obtained but not until the Scots Hostages were first Executed On the twentieth of October the Lord Deputy was Sworn at Dublin and immediately he sent for Sir Edmond Butler who upon several frivolous Pretences refused to come but broke out into Rebellion as shall be related hereafter In the mean time the Proceedings at Council-board will deserve a Paragraph in this History and the rather because a great and memorable Case was at this time agitated there for Sir Peter Carew whose Ancestor had formerly been Marquess of Cork and had great Possessions in several parts of the Kingdom came over well recommended to Ireland Lib. F. Lambeth and resolved to endeavour the recovery of that great Estate which was wrongfully withheld from him and particularly the Barony of Idrone in the County of Caterlogh was detained by the Heirs of those whom one of the Carews had employed as his Steward and had entrusted to mannage that Estate but Sir Peter being advised not to alarum the Irish by beginning with them first he did on the twenty ninth day of October prefer his Petition to the Council-board against Sir Christopher Chivers for the Mannor of Ballymaclethan in the County of Meath and in the Petition he suggested that Chivers was so popular and powerful a Man in his Country that there could be no indifferent Tryal had at Common-Law c. Hereupon Sir Christopher was summoned and when he appeared he pleaded ore tenus to the Jurisdiction of the Council-board in this Matter but Mr. Perriam gave three reasons why they might proceed First Because it was the common Practise to determine Causes at the Council-Table in England and instanced the Case of one Colshul about an Office in the Exchequer Secondly That in cases of Extremity as loss of Evidence want of just Tryal c. A Suit may be commenced before the Lord Chancellor or at the Council-board propter necessitatem ne curia domini Regis desiceret in Justitia exhibenda Thirdly That there are innumerable Presidents of Causes determined at the Council-Table in Ireland upon these reasons the Judges Dillon and Plunket were of Opinion the Board might proceed to determine this Cause and afterwards the two Chief Justices concurred in the same Opinion so that Chivers was forced to put in his Answer in Writing which he did but still it concluded to the Jurisdiction as before and in his Plea he insisted on the Statutes of Magna Carta cap. 11. and cap. 29. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. and 42 Edw. 3. cap. 3. But he likewise set forth his Title by Descent to part of the Lands in question and made some other Title to the rest The Court was angry with the Defendant for repeating his Plea to the Jurisdiction after it had been so solemnly over-ruled however they ordered the Plantiff to reply which he did by abridging his Plaint as to the Lands Descended and by a solid Answer to the rest of the Plea But at length the Parties agreed among themselves and Chivers for a small Consideration had a Release from Sir Peter however Sir Peter afterwards on the like Petition recovered the
was not to be given to Irish or Scots The Earl was to be Captain-General for seven years and was to plant his Part as well as the Queen should hers until there should be a thousand English Inhabitants on each Moyety And so being made Earl-Marshal of Ireland he set about the necessary Preparations for his Irish Voyage and to that end borrowed ten thousand Pounds of the Queen on a Mortgage of his Lands in Essex But the Lord Deputy being unwilling to have any body independent on him in that Kingdom especially so great a man cloathed with such a large Authority and accompanied with such considerable Forces gave all the opposition he could to this Noble Undertaking of the Earls until at length this Medium was found out That the Earl of Essex should take a Commission from the Lord Deputy to be Governor of Vlster wherewith both Parties were satisfied or at least they acquiesced in the Expedient In the mean time Mr. Edward Tremain was sent over to the Lord Deputy 1. To know why he desired so earnestly to return to England Lib. c. 2. To enquire what was the yearly Charge of that Kingdom what number of Men in Pay and how disposed of when any were disbanded or dead and when their rooms supplied and how many more there be than was appointed in March was twelve-month 3. To know what has been received of the Impost of Wines since Michaelmas last and what is in Arrear and if he could not discover it then to move the Deputy to certifie the Quantum of each 4. To know of the Deputy and Lord President in what state Munster is and how to be preserv'd 5. To know what is done or intended to be done with Desmond and his Brother John and how their Creditors in England shall be paid 6. To enquire how Connaught stands and how the Castles of Athlone and Roscomon are and the condition of the Earl of Thomond and Clanrickard and his Sons 7. To enquire into the Outrage committed against Sir Barnaby Fitz Patrick and the taking away his Wife and Children and how the Offenders are punished and how the Birns and Cavenaghs stand affected 8. To tell the Deputy that the Earl of Essex with two thousand Men will in August next come to inhabit the forfeited Lands in the Glins Routs and Clandeboy that in the mean time the Deputy guard the Frontiers of the Pale that way and Publish that Essex comes to repel the Scots and not to hurt the Irish 9. To tell the Deputy not to raise more Forces but if his Ormond's and Kildare's Forces are not sufficient against the O Mores and Connors to borrow two or three hundred from Essex for that Expedition and pay them 10. To preserve the Corn c. in the Ardes till Essex comes 11. To know why he gave Commission to Sir John Perrot to sell Marul's Ship wherein was Goods of all Nations The English had a very hopeful Prospect of the Earl of Essex's undertaking in Vlster so that many Persons of Quality and abundance of Gentlemen concerned themselves in the Expedition The Lords Darcy and Rich Sir Henry Knowles and four of his Brothers Michael Carves and his Brother John and Henry William and John three Sons of the Lord Norris and many others accompanied the Earl in this Voyage and they Landed together at Carrigfergus in the latter end of August 1573 and assoon as they Landed Bryan Mac Phelimy waited on the Earl and in most submissive manner tendred his Duty to the Queen and his Service to Essex but assoon as he perceived that the Earl's Forces were not so considerable as was reported he presently apostatized and joyned in Rebellion with Turlogh Lynogh About the same time or rather a year sooner Sir Thomas Smith sent his Natural Son together with one Chatterton to make a Plantation in the Ardes Cambd. Eliz. 190. but young Smith was murdered by Neal Bryan Artho who was afterwards killed by Sir Nicholas Malby and so that Design became unsuccessful and the Earl did not speed much better for after the Expence of much Treasure and a years time he returned to England This year the Money sent by the Queen into Ireland Lib. H. since she came to the Crown was computed and it amounted to four hundred and ninety thousand seven hundred and seventy nine Pounds seven shillings and six pence halfpeny and the Revenue of Ireland in the same period of time came to no more than one hundred and twenty thousand Pounds It is reported of Bryan Mac Fylemy that he had thirty thousand Cows besides other Cattel and it is certain that the Lord Rich within a Month after he came to Ireland returned to England on his private Occasions and Henry Knolls was by Sickness forced to do the like and many others upon frivolous Pretences left the Earl of Essex and went back to England Cambd. Eliz. 202. besides his Soldiers were raw and it was late in the Year and his Commission was not yet sent him being purposely delayed by the Deputy so that all these and some other Difficulties concurr'd to make Essex's Expedition unfortunate Nevertheless he took the Castle of Liffer from Con O Doâ—el and in a Skirmish he killed two hundred Irish and took Bryan Mac Fylemy and his Wife and his Brother Rory Oge Prisoners In the mean time 1574. the Earl of Desmond notwithstanding his Oath to be a true Prisoners made his escape out of the Castle of Dublin whereupon the Deputy marched into Munster to prevent new Coâ—â—â—otions and ordered the Earl of Essex to guard the Borders of Vlster which very much hindred his Progress in building Fortifications in Clandeboy however he obeyed and at length the Earl of Desmond was prevailed upon to reconcile himself to the Government Sir Henry Sydny 1575. Lord Deputy arrived on the twelfth of September and was sworn on the eighteenth at Tredagh to which Place he went directly from the Skyrries because the Plague raged in Dublin It is observable of this great and good man that although he did most excellent Service in Ireland yet he was but ill rewarded for it in England and therefore he was with great difficulty prevailed with to accept the Government this seventh and last time for as he expressed himself in his Letter he cursed hated and detested Ireland above all other Countries not that he had any dislike of the Country but that it was most difficult to do any Service there where a Man must struggle with Famine and Fastnesses inaccessible Bogs and light-footed Tories and yet when these and all other Difficulties were surmounted no Service in the world was less reputed valued or requited than that and it is farther remarkable of him that though he was four times Lord Justice and three times Lord Deputy of Ireland yet he never purchased a Foot of Land in that Kingdom The Lord Deputy's Instructions were to find means to pay the Queens Debts if possible
Kine 500 Horses besides Sheep Goats Money Cloarsh and Victuals with which he supplied the Garrisons and return'd to Adaro where he left a Garrison and return'd to Cork this misfortune quite spoil'd the Lord of Lixnaw so that he was never more able to hold up his head but most submissively applied himself to the Earl of Ormond who got him a Pardon tho he had formerly suffered very great injuries from him No sooner was this storm of the Lord of Kerryes allayed but the Earl of Desmond appear'd again near Adare and Skirmished smartly with the English so that having lost many men they had much ado to recover the Abby of Adare where they lay in Garrison About this time a contention arose between the Macan Earla's Vlick and John Burk on the Death of their Father but it was refer'd to Commissioners who ordered that Vlick should have Loghreagh and the Earldom of Clanrickard Lib. H. and that John should have Leitrim and that the Commissioners should intercede to have him created Baron of Leitrim and both of them agreed that if either proved a Traytor to the Queen the other should have all One Birne a Rebel being weary of that sort of life offer'd to Captain George Carew to bring his Captain Fitz-Giralds Head to him on condition to have his own Pardon but Fitz-Girald had timely intelligence and prevented the Execution of that Plot by Executing Birne and his Complices nevertheless he was so frightned with this attempt that he offered to do the like by Pheagh Mac Hugh for his own Pardon but Pheagh also had seasonable notice or a strong suspicion of this design and fairly hanged his Friend Fitz-Girald in his stead But this good Deputy by the contrivance of the Rebels was represented at the Court of England as a bloody man that regarded not the lives of the Subjects any more than the lives of Dogs Spencer 73. but had tyrannized with that barbarity that there was little left for the Queen to Reign over but Carcasses and Ashes And this false Story being believed in England a general Pardon was sent over to such of the Rebels as would accept thereof 1582. and the Lord Deputy in the midst of his Victories was recalled so that in August he left Ireland to the care of Adam Loftus Archbishop of Dublin Lord Chancellour Sir Henry Wallop Treasurer at Wars Lords Justices two men very unfit to be yoak'd together Spencer ' s View 76. the difference between them being no less in their minds and affections than it was in their bodies and professions Their Government was auspicated with the Death of Dr. Saunders Sullevan 100. who died miserably of a Flux and Famine in the Woods of Clenlis whereby the Kingdom was rid of a malicious cunning and indefatigable Traytor And the Earl of Desmond was reduced to such streights that he was forced to keep his Christmass in Kilquegg Wood near Kilmallock whereof the Garrison of Kilmallock having Notice they were induced by the importunity of John Walsh to endeavour to surprize him 4 January and in order to it they March'd in the night under the conduct of the Captains Dowdal Bangor and Thornton and came before Day to the River side and by means of some Hurdles which tied together and fastned with Ropes to a Tree on this side the River and made one of their men Swim over with the end of a Rope which he also fastned on the other side they safely passed the River but made so much noise that Desmond and his Wife took the Alarm and got out of their Cabbin into the River where they stood up to the Chin in Water on the Bank-side and thereby were undiscovered and escaped but his Servants were all kill'd and what Goods they had were carried away Soon after this Fitzgirald of Ballimartir commonly call'd Seneschall of Imekilly surpriz'd Youghall and entred one end of the Town but was so warmly receiv'd by Lieutenant Calverleigh and forty Shot he had with him that the Seneschal was forced to Retreat and leave fifty of his Men dead behind him About the end of January the Earl of Ormond Landed at Waterford with 400 Men which were disposed of to the Captains Bourcher Stanley Barkley and Roberts This Earl was also made Governor of Munster and procured two Pence a Day to be added to the Soldiers pay which gain'd him abundance of Love and Respect from the Army Ormond's first Attempt was in Harlow Wood in Pursuit of the Earl of Desmond he divided his Party into four Squadrons and searcht the Wood throughly Slew many Rebels and so dispersed and frightned the rest that they never met in any considerable Body afterwards but most of them one after another submitted and had Pardon and on the 5th of June Desmond wrot a submissive Letter to the Earl of Ormond which is to be found in the Caballa of Letters 223. In August the Garrison of Killmallock had fresh Advice 1583. that Desmond with 60 Gallowglasses was come into Harlow Wood whereupon Captain Dowall so timed the matter that he took 25. of them asleep in their Cabbins and the rest who were boiling Horseflesh he quickly Discomsited and Slew In September some of the Lord Roches Men met the Earl of Desmond in Duhallow accompanied by three Horse-men and a Priest they endeavoured to take him but being well mounted they all escaped except the Priest who discovered what Misery the Earl was in and that he was supported chiefly by one Goron Mac Swiny who was in Protection whereof Ormond having notice sent Captain Dowdall and a Garrison to Dingle whereupon the Earl retired into the Country of Desmond and got the greatest number of his Followers together that he could and particularly the said Goron and his Brother Morrogh Mac Swiny by whose Assistance he hoped to renew the War But it fell out otherwise for Goron Mac Swiny having taken a great Prey in Carbry three Irishmen who owned some of the Cattle followed them at some distance expecting an opportunity at night to Steal back their own Cattle or an Equivalent and to that end they hid themselves within a Musket-shot of Goron's Camp or Lodgment and it so happened that Goron and a Servant both unarmed walkt that way and came near the place where the three Men were hid and as soon as they perceived that Goron and his Servant were unarmed they surprized them and cut off their Heads and being satisfied with this Revenge they ran away to shift for themselves Desmond was beyond measure dismayed at this loss and saw there was no way to recover it unless he could regain such of his Followers as had taken Protection of the English and therefore in order to it or to be revenged of them he sent some of his Servants over the Strand of Traly to take a Prey which they did but a poor Woman of the Moriartas whose small Stock was all taken away by these Tories immediately repair'd
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâ—wmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ— the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â— that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
observe That it was a constant Rule with him ever since his coming to the Government in the year 1662. to order the Muster-Master to check the Pay of every Officer and Soldier that did not produce a Certificate of taking the Sacrament twice a year On the 2d of December Circular Letters were sent to the Justices of Peace to make a strict search after the Titular Bishops and Regular Clergy that did not transport themselves according to the Proclamation of the 16th of October and on the 12th of December a Proclamamation issued to quicken the Justices of Peace in searching for Arms c. On the 13th of December issued a Proclamation taking notice of a Letter scattered in the Streets of Dublin intimating a Conspiracy against the Life of the Lord-Lieutenant and promising Protection and Reward of 200 l. to the Discoverer and at length one Jepson a young man newly perverted and two Priests his Abettors were taken and imprison'd for the Fact In the mean time the Lord-Lieutenant took great care to revive the Militia and to Discipline Arm and Array them And on the 26 th of March 1679. there issued a Proclamation to seize the nearest Relations of Tories and to imprison them until such Tories are killed or taken and to apprehend the Popish Priests of every Parish respectively and transport them beyond Seas unless within fourteen days after any Robbery or Murther committed the Criminals be taken killed or discovered And on the same day a Reward of 10 l. for taking a Jesuit or Titular-Bishop was promised by Proclamation And not long afterwards the Lord-Lieutenant and Council by their Letter ordered the Popish Inhabitants to be removed from Galloway Limerick Waterford Clonmell Kilkenny and Droghedagh except some few Trading Merchants Artificers and others necessary for the said Towns and Garisons and by vertue thereof many were expelled but by the stupidity of the Protestants and at their request and upon their Security the Papists were readmitted into those Towns Some time before this there was a great blow given to Popery by the Conversion of Dr. Andrew Sall a Learned and a Pious Man He had been a Jesuit of the Fourth Vow and in great esteem amongst that Party He was afterwards made one of the King's Chaplains and continued a good Protestant till his death On the 3 d of April 1680. the Earl of Anglesey wrote to the Lord-Lieutenant That Hetherington is sent over to Ireland to make good his Information if he can and that it is His Majesty's absolute and unalterable pleasure advised by all the Council to have every individual of the Popish Clergy seized and imprisoned till they petition to be sent over Seas and promise never to return or practice against the State for there is no other way to cure their Madness And that there are those in England that will undertake to apprehend them all To which His Excellency on the 17 th of April returned this Answer That above a year ago two Proclamations did issue against the Popish Clergy with promise of Rewards to those that should apprehend them and that if any in England will undertake it they shall have the promised Reward and his Thanks besides And that to tell him of the insolent Deportment and signal Perfidy of the Popish Clergy of Ireland is to preach to him that there is pain in the Gout and protests That he would rather be rid of Them than of that Disease And for his farther sense of them refers to a Letter of his printed near the end of P. W. ' s Remonstrance In May 1682. His Excellency went to England leaving his Son the Ear of Arran Lord Deputy until his return which happened in August 1684. On the 14th of March 1683. issued a Commission of Grace to the Chief Governour Chancellor high-High-Treasurer Chancellor of the Exchequer the three Chief Judges Master of the Rolls Secretary of State the second Justice of the Kings-Bench and the two Barons of the Exchequer to grant His Majesty's Title to those that were in possession and to grant Mannors and other Privileges for a reasonable Fine c. and by vertue hereof a Court called the Court of Grace sate at the King's-Inns which at length dissolved by the death of the King which happened on the 6th day of February 1684. As soon as the News of the King's death arrived at Dublin the Duke of Ormond summoned the Council and the next day they proclaimed King James II. great Solemnity but with such dismal Countenances and so much Concern as if they had that day foreseen as many did the Infelicity and Misfortune of the following Reign The Irish are generally a People that bear Adversity better than Prosperity In Tribulation they have shewn some Fortitude and Patience but they never met with the Smiles of Fortune without Transportation and Extacy and upon this extraordinary occasion they grew so extravagant and wild that I dare â—ver That the Irish in the short Reign of King James did commit more Insolencies on the English than These did on Them in 500 years before The Instances of this sort are innumberable and the Circumstances almost incredible It would be too tedious to enumerate the particular Batteries Perjuries Affronts and Murthers and therefore I will confine my self to Generals and of that sort was The desertion of their Cabbins by the Irish for several months together under pretence of a fear of being murdered by the English and this was done throughout the Kingdom and in many Parishes where there were few or no English to be afraid of and the design of all this was to get the English disarm'd and to usher in a practice which was as general viz. Of impeaching the English for assembling together in the night-time And although the Perjuries in this Affair were so notorious that the very Promoters of this Design were asham'd of it yet near 3000 were indicted of this Offence and for Treasonable Words and the like in one Vacation and especially in the County of Tipperary and if the Courage and Integrity of Sir John Mead had not â—topped their Career there the Consequence of this Trick had been fatal to the English of that County and as it was it did them a great deal of harm And in the County of Cork Major Lawless a waspish and inveterate Fellow was the grand Prosecutor but he having more Malice than Wit managed the matter with such rashness and unbecoming vehemence as expos'd him to the Censure even of his own Party And besides a thousand other severities he did to the English he caused Sir Emanuel Moore Edward Rigs Esq and thirty-three Protestants more to be indicted and tried for High-Treason although he had nothing at all to say against the first but that he was a Protestant nor any more to object against the second but that he should say That he had a good Estate in England and if he could not live quietly in Ireland he would go thither However he was so
rid of some of His Majesties English Judges and Officers whom they cannot endure to bear rule over them though they saw the Kingdom prospered above any former Times under their Labour and Travel And it is untrue that the Protestants did envy the good Union of both Houses on the contrary they laboured to cherish and confirm it but if any Protestant opposed the Remonstrants upon any point how reasonable soever they presently clamour that it is done out of Malice against them and the Nation which is an unjust Obloquy and though the Pupists made daily Cabals yet the Protestant Members never had but one private Meeting and that without the Lords Justices knowledge and at that Meeting there were some Papists and the Design of it was to prevent an Impeachment intended by some of the Irish against those that were concerned in the Grand Inquisition of the Kings Title to Conaugth the Plantation of which Province with English the Natives abhorred as that which would have frustrated all their Evil Designs And as to the Session of the 11 th of May 1641 it continued very long viz. to the 7 th of August and was unprofitably spent in Protestations Declarations Votes upon Queries the Stay of Soldiers from going over Seas and private Petitions and it is untrue that there was any Certainty of the Committees being at the Water-side at the Time of Adjornment so on the 14 th of July the Lords Justices sent to both Houses to consider of a Time of Adjornment because the Harvest was approaching and the House was thin and on the 30 th of July the Commons desired the Adjornment might be delayed till the 7 th of August and on the 2 d. of August the Lords licensed the Judges to go their Circuits and the same Day the Commons desired the Adjornment might be from the 7 th of August to the 9 th of November to which the Lords agreed and on the 5 th of August a Committee of both Houses attended the Lords Justices with notice thereof and they consented thereunto by Order to be entred in the Houses as by their consent On the 6 th of August there arrived the Earl of Roscomon with a Letter from the Committee importing that they were busie about their Dispatch at London whereupon the Lords sent to the Commons that they continued their Opinion for the Adjornment and accordingly they did adjourn the next Day so that there is no Ground for the Calumny on the Lords Justices that they threatned to prorogue them or purposed to prevent the passing the Graces not then arrived into Acts. But those Remonstrants having broken Faith with His Majesty and all his faithful Subjects do take liberty to asperse his Governors and well affected Officers whom they desire for ill Ends to make odious to the People Lastly They close this Article with an Untruth for the Lords Justices did immediatly after the Arrival of the Committee write to all the Ports of the Kingdom with Briefs of the Graces concerning matters of Customs commanding the Officers to obey those Directions they also published Proclamations for transporting Wool and what Customs were payable for the same They sent Warrants for free Entries of Tobacco and what Customs were payable for it they gave Order for a Bill to be drawn for a Repeal of the preamble of the Act of Subsidies they also desired Sir James Mongomery and Sir William Cole to give notice to the Undertakers of Vlster of the Graces intended to them and they had formerly sent over the Bill for a General pardon and most of the rest of the Graces were to be executed in Dublin and respected the Regulation of the Courts there for which the Approaching Term was the proper Season But the Remonstrants had not patience to expect that but resolved to be their own Carvers and dispose of the King's Revenue and the Protestants Estates as they thought fit As to the Eighth Article the prodigious Tale of the Petition is untrue And but that these Remonstrants care not what Detractions how untrue and improbable soever they print or publish against those they hate they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands but the Truth is the four Persous named had no hand in any Petition but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy but as soon as the Lords Justices had notice of it they got the Original into the Clerk of the Councils Office where it still lies What Sir John Clotworthy did or said in the Parliament of England was not known to the Protestants of Ireland nor is it material nor do they believe that any thing was then moved plotted or contrived against the Remonstrants or that the English Parliament resolved any destructive Course against them till after the Rebellion begun though the Remonstrants by confounding Times would use it as a Cover for their inhuman Perpetrations As for the Statute of 2 Eliz. the Remonstrants find fault with it because by repealing by Queen Mary's Act of Repeal it revives the necessary Statutes made by Henry 8 th against Papal Incroachments and Usurpations without which the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical would transfer that half of his Sovereignty to the Pope who might discharge their Allegiance in civil Causes as he hath often done here and elsewhere for as to the Penal part that Statute mitigates the Crime of Advancing foreign Jurisdiction which being Treason before is by that Act not made Treason till the third Offence after two Convictions and as to that part of the Statute about Officers and suers of Livery to take the Oath of Supremacy they have found so many Instances of His Majesties indulgence to them in that particular that it is ingratitude in them to complain And if they mean the second Chapter of secundo Eliz. it is answered that what Noise soever that Statute hath made yet it hath done very little Execution but the Complaint as if those Statutes were forged or had lain dormant till most of the Members of that Parliament were dead is of all other the most shameless for those Statutes were published in print with the rest Anno 16 Eliz. and were soon after too sparingly indeed put in Execution as appears by the Records but 't is true the second Chapter could not be executed because the Papists universally came to Church till of later Days and the Name of Recusant was not then known But afterwards when Popery became more bold and dangerous that Act was sometimes put in Execution but without danger to any Man's Life or Estate for the Penalty was but Nine Pence a Sunday and the Laws in England against Popery are very much more severe and yet upon this slender Ground and the vile Fiction of sending 10000 Scots which was never thought of till long after the Rebellion broke out do these
Fitz Girald at Kilkenny Noble Sir I Am now advanced thus far on my way home after my accustomed long fruitlessâ—attendance upon the publick affairs being hopeful that in all this time some good effects would have been produced out of the forward and chearful Resolutions and Endeavours observed in you and many other Noble Persons upon your departure from hence and the good concurrence that was expected from many others well affected to a happy and speedy settlement but after Nine Weeks expectation there hath nothing occurred to my knowledge but the following particulars which I shall distinctly set down both to prevent mistakes in you and clear the aspersions that may be cast upon others 1. By Vote of the Assembly the total rejection of the Peace and of all other both publick and private overtures and undertakings that had relation thereto destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation as affairs now stand in the Kings Dominions 2. A new Union Sworn grounded upon impossible undertakings if not in the Propositions themselves at least in the most material circumstances of securing them thereby excluding all hopes of Peace and setling and confirming a lasting divided Government 3. That being compassed for some seeming satisfaction to those that were drawn into it a plausible shew of some other accommodation was contrived but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geffery Barron with much assurance given by divers of all the satisfaction that such a change of resolutions could produce there appeared but a Verbal Message of some few general Heads they refusing to give it in Writing or to testify under their Hands what they acknowledgd my Lord Lieutenant took Verbatim from them neither would they assume any Power to make any particular explanations and yet earnestly demanded Resolutions with expedition This unexpected delay and continued uncertainty in such a nick of time after so many former breaches on your parts and so many warnings and true intelligence given you by others of the King 's being delivered up to the Parliament the vast Preparations by them made for Reducing this Kingdom and even those most faithful to his Majesties Service in England as forward as any to joyn therein finding themselves destroyed by the failing of the Peace here and the promised Assistance thereupon Your not long since invading and destroying the only remaining Party Obedient to the Kings Authority the small regard had by you of the approaching dangers and the divisions fomented and still encreasing amongst your selves did by an unavoidable necessity as I conceive beget a resolution in my Lord Lieutenant and those of his Party about Dublin to try some other expedient for their preservation and redemption out of the languishing starving condition they have these many Years with much patience endured and for my own part having long observed the high Affronts and Disrespects put upon my Lord Lieutenant and many other of His Majesty's Ministers and Servants and the largest proportion of Malice cast upon them when they were most industrious in the preservation of the Kingdom hath produced the like resolutions in me to try my Fortune in some other Climate since my Three Years constant expence of time health and fortune for the advantage of the publick hath gained no other recompence than to be Printed against by Declarations Books and several other Papers the Forces of other Provinces poured down upon me to destroy my whole Estate those Forces under my Command thereby inforced to Disband the Officers and all other of my Servants and Followers prosecuted and nothing of means or quarter left me to maintain a Guard of Horse for my own Person my Wife and Family readily permitted to repair to Dublin but no allowance to return all which particulars put together I leave it freely to you to judge whether it be not high time for me to depart when the voice of the Kingdom represented in the Assembly have by a clear implication in their safe conduct declared their desires therein Since my coming hither I have seen some Letters and find much confidence in many that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands and to make provision for his Lordship and his Party both for subsistence and maintenance of a War to which I may not presume to frame any Judgment at so late an hour of the day but this I conceive is most certain that if it doth not appear suddenly unanimously and clearly with a full power and trust and apparent provision to make it good it will hardly be relied upon and that failing there remains nothing for me to do but in another Country to labour the perfection of Praying as well for my Persecutors as Benefactors amongst the last of which you shall be still acknowledged and remembred by Tecrogham the 15th of March 1646. Your Affectionate Friend to Serve you Clanrickard Appen XXXVIII Articles of Agreement made concluded and agreed on at Dublin the Eighteenth day of June 1647. By and between the most Honourable James Lord Marquess of Ormond of the one part and Arthur Annesley Esquire Sir Robert King Knight Sir Robert Meredith Knight Collonel John Moore and Collonel Michael Jones Commissioners from the Parliament of England on the other part Not signed till the 19th FIrst it is agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake to and with the said Arthur Annesley c. That upon the nineteenth day of this month of June he will leave or cause to be left in the possession of the said Arthur Annesley c. the City of Dublin and all the rest of the places and Garrisons in his power and under his Command and the Ordnance Artillery Amunition Magazines and Stores there and likewise it is further agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake that upon the 28. of July next he will leave or cause to be left in the possession of the said Arthur Annesley c. Or any four of them the Sword and all other Ensignes of Royalty with all other things belonging to the Lord Lievtenant or Leivtenancy of the Kingdom of Ireland that shall be demanded before the said twenty eighth day of July and that in the mean time he will not intermeddle or take upon him to Command in any of the said Garrisons or places 2. Item It is agreed and concluded and the said Arthur Annesley c. do for and in behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond in the behalf of himself and others his Majesties Subjects that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion though they have of late consented or submitted either to the Cessation of Arms or the Peace concluded with the Irish Rebels shall be
REX ET REGINA BEATI HONI · SOIT · QVI · MAL · Y · PENSE · R. White scul Printed for Ioseph Watts in S t 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 Plin. 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. May it please Your Majesties 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 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 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 Vmbratilis Honor cito evanuit 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 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 May it please Your Majesties Your Majesties most Dutiful most Loyal and most devoted Subject R. COX 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 and others that did not know better Prospect in Pref. 13. Peter Walsh thinks 't is 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 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 â—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 mâ—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 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 't is 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 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 to chatter English Irish Stat. 233. and that executed a
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 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 Vlster 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 Vriel 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 Vlster 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 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 Vlster 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 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 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 Vriel on this Occasion he had sent into England for Victuals Ammunition and other Necessaries the 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 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 Vlster 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
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 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 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 Vlster 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 Vriel 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 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 Teste Rege apud W. decim Decemb. 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 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 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 't is 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
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 ' usque 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 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 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 new-comer 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 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 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. And he also sent this other Writ the same Time 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 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
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 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 constatâ— But 't is certain that not long after the Lord Justice was removed and Sir Ralph Vfford came over Lord Justice 1334. he married the Countess Dowager of Vlster 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. 'T is 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 Vlster On the twenty fourth of November the King and Parliament at Notingham made Ordinances for the Reformation of Ireland 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 disâ—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. Lambetâ— the former were properly Parliaments and in them the
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 Lionel Duke of Clarenâ—e 1361. Earl of Vlster 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 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 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 Vlster 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 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 sâ—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 petiâ—isse viz. de quolibet lasto halecis tres solidos de qualibet centena grossi piscis 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 â—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 ejusâ—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. nosâ—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 depaâ—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. 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
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 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 Vlster 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 Vlster 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 Vlster to the Earl of Vlster 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 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
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 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 Bi r 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 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
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 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 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 â—â—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 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
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the vice-Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
this Journey the Deputy received the Submissions of some of the Irish and drove others of them into Fastnesses About this time the Name of the King at Arms who was formerly called Ireland was changed to that of Vlster and Nicholas Narbon Richmond Herald in England was the first King at Arms by the Name of Vlster Ware 192. and upon his Death Bartholomew Butler succeeded him June 21. anno 1552. But upon the Lord Deputy's Return to Dublin Matthew Baron of Dungannon complained to him against his Father the Earl of Tyrone whereupon that Earl was imprisoned which enraged his other Sons to that degree that they burnt and destroyed that part of the Country which belonged to Matthew On the other side the Baron being assisted by the English resolved to revenge that Injury and at length it came to a Battel which was doubtful for some time but ended in the Defeat of Matthew and the Slaughter of two hundred of his Soldiers English and Irish Nevertheless the Earl of Tyrone remain'd confin'd to stay within the Pale until at the end of three Months he gave Hostages in February and returned to Vlster And about the same time O Connor made his escape out of the Tower of London but was retaken and again imprisoned but Mac Coghlan being weary of wandring in the Woods made his Submission and was restored to his Territory of Delvin And the Publick Records were removed from Birmingham's Tower to S. Patrick's Library in Dublin The Year 1552 1552. was propitious to the Noble Family of the Giraldines for Girald Son of the last Earl of Kildare whose miraculous Preservation hath been already mention'd was now received into Favour and on the twenty fifth of April was restored to Minooth and good part of his Estate and about two years after in the Reign of Queen Mary viz. on the thirteenth of May 1554. he was Created Earl of Kildare Lib. G. and Baron of Ophaly at Westminster But Donough Earl of Thomond who had that Title confirmed to him and his Heirs Males in January last had great Contests with his Unkle Daniel who claimed the Estate by Tanistry but at length by the Mediation of the Lord Deputy they came to an Agreement which is mentioned in an Indenture Tripartite between the Deputy the Earl and Daniel O Bryan Dated May 9 1552. In the mean time Sir Nicholas Bagnal was sent against Hugh Mac Morough and they came to a Battel which was so well fought on both sides that the Loss as well as the Victory is uncertain But the Garrison of Athloan had better Success at Cluan macnoise where they robbed or destroyed all they met with not sparing even the Church-Books The Lord Depury marched to Vlster and repaired and garrison'd the Castle of Belfast but it seems he brought but a small Army in expectation that the Baron of Dungannon would joyn him with his Forces and indeed the Baron designed it and endeavoured it but his Brother Shane O Neal surprized his Camp by night and routed his Army with a great Slaughter Whereupon the Lord Deputy returned to Dublin and intended for England but he was stopped for a while by Sir Henry Knolls whom the King sent over with Intelligence that the Queen of Scots had sent O Connor's son to Ireland to raise new Commotions but as soon as it was understood that his Negotiation was ineffectal the Lord Deputy prosecuted his former Resolution and embarked at Houth on the fourth of December and pursuant to the King's Letter of the seventh of November Sir Thomas Cusack Lord Chancellor and Sir Girald Ailmer Lord Chief Justice were chosen Lords Justices on the sixth of December and soon after one of the O Neals was imprisoned in Dublin for spreading false News about the late Lord Deputy but he was on the thirtieth of December enlarged on Bail In the mean time on the twenty eighth of December Lib. D. Hugh Mac Neal Oge of Clandeboy made his Submission to the Lords Justices or rather to the King and swore Allegiance and Agreed and Covenanted by Indenture to forfeit all if he ever relapsed or apostatized again Whereupon the King granted to him the Abby of Carrigfergus and Liberty to keep three Secular Priests as also the Castle of Belfast But Ireland was unhappy not only by the Civil Dissentions in Vlster between the Earl of Tyrone and his Son Shane O Neal and by the Scarcity of Provisions insomuch that a Kilderkin of Wheat was sold for four and twenty shillings which in the following year was sold for five shillings but also by the Death of Sir William Brabazon who died in July and was one of the most faithful men to the English Interest that had appeared in Ireland from the Conquest to that day The King was advised to lower the Value of Brass Money and to make the Bell-Groat currant at two pence and no more and also to build a Castle at Baltimore to oblige the Fishermen to pay Tribute the former he performed but the later as unpracticable was neglected or postponed The Earl of Thomond and his Unkles Donald and Trelagh were again at open Wars notwithstanding the aforesaid Agreement made between them by the Government February They took the Town of Cluanroad but the Earl defended the Castle for a time but not long after he was murdered by his Unkle Donald and was succeeded by his Son Cnogher whose Mother was Helen April Daughter of Pierce Earl of Ormond 1553. About the same time Teig Roe O Mlaghlin murdered Neal Mac Fylemy of the same Family coming from Molingar but the Murtherer was not long after slain in Battel by the Baron of Delvin and the Garrison of Athloan and in Connaught Richard Burk was at variance with the Sons of Thomas Burk Buckagh the issue whereof was that Richard was taken Prisoner and an hundred and an fifty of his Men slain Nor were the Contests less between Richard Earl of Clanrickard and John Burk the Earl besieged John's Castle but Daniel O Bryan came to John's Relief and forced the Earl to raise the Siege But whilst these things were doing the King died at Greenwich on the sixth Day of July in the seventh Year of his Reign aud the sixteenth Year of his Age. THE REIGN OF MARY QUEEN OF England France AND IRELAND MARY 1553. eldest Sister of the deceased King notwithstanding King Edward's Will and all the Endeavours that were used against her did succeed her Brother in the Throne and although she was Kept out of Possession by the Lady Jane about twelve Days so that she was not proclaimed at London until the nineteenth Day of July Yet there being no Interregnum in England her Reign must be computed from the sixth of July being the Day of her Brother's Death It may seem strange That the Protestants did so easily submit to her or that the Kingdom of Ireland should at all own her for their Queen Because I. She was the Issue
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover Lâ—cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were Pâ—pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titulâ— sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
above two thirds of it at most Sâ—ptima mobilum imobilium vero anui proventus quinta pars And so the Parliament was by Proclamation dissolved in October 1615. This Year also was held a Convocation at Dublin which established Articles of Religion in 104 Paragraphs or Sections and among them the Nine Articles agreed on at Lambeth November 20. 1655. are almost verbatim to be found Because of the 〈◊〉 of some Popish Lawyers in the House they were not permitted to practise in Michaelmas Term whereupon the Lord of Rylline and Sir Christopher Plunket petition'd the Lords of the Council in England That the Statute of 2 Eliz. does not extend to the Lawyers that they had spent their Time and Patrimony in Study and they and their Predecesors have done acceptable Service to the Crown in encouraging the ignorant Multitude to embrace the Freedom and Fruition of the Common Law which in comparison of the 〈◊〉 Law is of inestimable value unto them Besides 't is prejudicial to their Clients who have acquainted them with their Evidences some of which have neither English Language nor Money to imploy or instruct others and that it would force them to breed their Children abroad Secondly That the Statute of 2 Eliz. is illegally executed viz. by Indictment so that the Fees are five times the Penalty of the Statute and so two Punishments for one Thing and in stead of Twelve pence Fine designed to the Poor Ten shillings is exacted by Clerks and Officers for Fees Besides the Forfeiture being appropriated to the Poor the Clerk of the Peace has no Right to intermeddle Thirdly That the Judges of Assize do 〈◊〉 into all Forfeitures since last Assize whereas there are Sessions 〈◊〉 wherein perhaps the Party has been punish'd and so may be punish'd twice Fourthly That the Ministers do exact Money for Marriages and Christnings tho they don't officiate and the Ordinaries exact great Sums for Commutation of Penance And in all these Particulars they pray Relief By Virtue of the King's Letter of the 12th of April 1615 a Commission issued to enquire into his Majesties Title to the Counties of Longford and Letrim whereupon a Jury was impanelled and the Inquisition return'd that the Territory of Annaly now the County of Longford containing Nine hundred and Ninety Cartrons of Land was by King Henry the Second granted to Hugh de Lacy who built Castles and planted English there and that they were ousted by the O Feralls in the time of Edward the First and that Faghan O Ferall surrendered that Territory to Queen Elizabeth the 13th of November in the Twenty ninth Year of her Reign and that her Majesty regranted it to him 20 Decemb. 30 Eliz. Proviso the Patent to be void if the Queen had any other Title than that Surrender and it finds the Statute of Absentees And by another Inquisition taken about the same time it appears that the Brehny i. e. the County of Letrim was by King John given to Walter de Lacy who likewise planted it with English which were afterwards violently dispossessed by the O Rourks and Mac Grannells and that O Rourk had three Legitimate Sons and six Bastards that Teige one of his Bastard Sons succeeded him in the Estate and that he had Issue Teige who had Issue Daniel now living and that Brian Second Son of O Rourk had Issue Sir Brian who surrendered that Territory and agreed to take out a Patent but never did it He was executed in England and it was his Son Teige that submitted and took out a Patent Anno 1603. And this Teige married Mary Daughter of Hugh mac Manus O Donell whose two former Husbands Sir Moylmurry mac Swiny and Sir Donell O Cohan were still living by whom the said Teige had Issue Brian and died and whether Brian be a Bastard or not Juratores predict ignorant And the like Inquisition was found about the Territory of Ely O Caroll whereby it appear'd that that Signiory containing Ninety three Plow-lands was surrendred to Edward the Sixth who regranted it to Teige O Caroll and made him Baron of Ely and he dying without Issue his Bastard-son Sir William O Caroll intruded and surrendred to the Queen 28 July 20 Elizabethae and had it regranted to him in Fee-simple and that he died leaving one Daughter Joan Mother of Redmond Burk pretended Baron of Letrim that Sir Charles O Caroll Bastard-son of Sir William intruded and that Joan releas'd to him but he dying without Issue Moelroony mac Teige another Bastard-son of Sir William's intruded and married Margaret O Dwin whose first Husband Tirlagh Ballagh O Coâ—nor was then living and by her had Issue John O Caroll and whether he be a Bastard or not ignorant In the latter end of August came over a Commission bearing date the Fifth of that Month under the Great Seal of England impowering and authorizing the Lord Deputy and others or any Seven of them Quorum the Deputy to be one to Bargain Sell and Conclude for any the King's Mannors Lands Tenements and Hereditaments Spiritual or Temporal within the Realm of Ireland Whereupon many People past Patents wherein was reserved a small Quit-Rent and a Halfpenny an Acre for Waste-land after it be made Arable and Relief as amongst Common Persons The Patentees had free liberty to transport the Produce of the Land to any Part of England or Wales and they had a Clause of Exoneration from Cess Cudyes Coyn Livery Cuttages Resections Kearneâ—y Cosnery Gilletinny and Gillecon and all Impositions except Royal Compositions and Risings out About this time another Plot was discovered to Sir Thomas Phillips of Lemavaddy 1615. by one Teige O Lenan It was contrived by Alexander Mac Donell Bryan Cross O Neal and other principal Irish-men in Tyrone and Tyrconnell the Design was to seize Charlemont and other Forts in Ulster and to murder the Protestants there and elsewhere whil'st the chiefest of the Nobility and Gentry were at the Parliament and they were promised considerable Aids from France Spain and Rome Mr. Sullivan tells us Sullivan 269. That this Lenan was a Criminal Gamester bribed by the Deputy to this Service which is their common Pretence when the Fact is Sworn for he confesses that Lenan gave Evidence against them and that they were by Jury convicted and that Bryan O Neale Art O Neale Roger O Cahan Jeofry O Cahan Alexander Mac Surly Patrick O More Con O Kahan and two Priests were executed for that Treason Regiminis Ang. in Hib. defensio adversus Analect Pag. 54. But Doctor Rives assures us that both Bryan O Neale and Roger O Cahan consessed it in the very same manner and order as Lenan had discovered it And in Dececember Sir Oliver Lambert was sent to the Island of 〈◊〉 to reduce some Scots that were troublesom and Seditious there which he performed by taking the strong Castle of Dunaveg Lib. C. and other less considerable places And soon after it seems that the Lord-Deputy
conceived they were greatly distressed and wished That he could use Means whereby they might be eased Hence he discoursed with Trueman who was but a silly Fellow and got from him Words whereby he discovered a Good-will to the Scotch Nation and some Discourse about the Castle of Carigfergus insomuch that he got Trueman's Letter to recommend him into Scotland whither he pretended a Desire to go to serve under their Command Upon this Giles produced the Letter in Evidence against him and so he was condemned and executed And this I take to be the Substance of what was offered for or against the Earl of Strafford On the Eleventh of May the Irish Parliament sat again 1641. and the Colonels John Barry Taaf Garret Barry and Porter having Orders from England to transport Four thousand of the Irish Forces to Spain some of the Popish Members of the Lower House did urge divers Arguments to hinder that Design As First That the Irish might gain Experience abroad and return to be evil Instruments at home Secondly That Ireland wanted Men for Husbandry Thirdly That Spain was an Hereditary Enemy to England and therefore might infect these Men with dangerous Principles concluding That they did not know how soon those very Regiments acquainted with every Creek in the Kingdom might be returned on their own Bowels having naturally a Love to their Religion which such an Incendiary as Spain might inflame with the highest prejudice So shamelesly did they cloak their Designs ' of stopping these Soldiers to assist in the following Rebellion under these Cobweb pretences of the Publick Good However their Project succeeded to their mind and notwithstanding the Contract with the Spanish Ambassador for their Transportation the Soldiers were from time to time delay'd and Garret Barry and his whole Regiment and most of the rest did afterwards joyn in the Irish Rebellion This Session of Parliament was spent by the Papists who were the most numerous Party in the House in fruitless Declarations and Protestations private Petitions and Votes upon needless Queries These last together with the Judges Answers to them are to be found at large Burlace Append. 1. 2. I shall only recite one of them viz. Quere 15. Whether the issuing of Quo Warranto's against Burroughs that anciently and recently sent Burgesses to Parliament to shew Cause why they did so be Legal And if not What Punishment ought to be inflicted upon the Occasioners Procurers and Judges of and in such Quo Warranto's To which the Answer is That the Proceedings in such Quo Warranto's are coram non Judice illegal and void and the Right of sending Burgesses to Parliament is questionable in Parliament only and the Occasioners Procurerâ— and Judges in such Quo Warranto's and Proceedings are punishable as in Parliament shall be thought consonant to Law and Justice Moreover some Members of this Parliament who had the following Rebellion in their Design did in order to inform themselves of the Quantity of the Stores Ammunition and Provisions and the Place where they were deposited suggest That there was a Plot by some of the Lord Stafford's discontented Servants to destroy the Parliament and therefore procured a Committee of both Houses to be appointed to search the Rooms under the Place where they sat which they did but sound no Powder there Then they desired to see where the Stores were but the Lord Justice Burlace who was Master of the Ordnance denied them that Request which they took very ill The Popish Party did also oppose the Disbanding of the new Army raised by the Earl of Strafford however it was at length effected on the Tenth day of * Rather July quaere August and the Arms and Ammunition were carefully brought into His Majesty's Stores In the mean time it being convenient to give the Members a short Recess to attend their Harvest and their other Occasions and there being no sudden expectation of the Irish Committee's Return from England the Parliament by their own Consent was on the Seventh of August adjourn'd to the Ninth of November which for want of greater cause of Complaint was afterwards reckon'd amongst their Grievances But contrary to all Mens expectation the Irish Committee of Parliament in the latter end of August return'd loaden with Graces and Favours for that Kingdom particularly in reference to the Customs especially of Wooll and Tobacco whereof the Lords Justices sent immediate notice to the several Ports of the Kingdom and in this short Interval of Parliament busied themselves in framing such Bills to pass the next Session as the Committee had obtain'd His Majesty's Consent unto And in this quiet and serene Condition was the Kingdom of Ireland not suspecting the least Disturbance from the Papists who were not under any Persecution upon the account of Religion their Clergy exercising their Functions as safely and almost as publickly as the Protestants They were obliged to the King by the easiest of Governments and the Graces and Concessions he had lately vouchsafed unto them and they were fastned to the English by all the Ties of Interest Friendship Marriage and which is more in their esteem Gossipping and Fostering And they were engaged to propagate the Publick Peace by their own happy free and flourishing Condition for now the Papists without taking the Oath of Supremacy freely enjoyed the Offices of Sheriffs of Counties Magistrates of Corporations c. But all this was over-ballanced by their Bigotry and National Malice which opened one of the bloodiest Scenes that ever was seen in the World For on Saturday the Twenty third of October 1641. being a Day dedicated to St. Ignatius Temple 16. a fit Patron for such a Villany broke out a most desperate and formidable Rebellion an universal Defection and general Revolt wherein not only all the mere Irish but almost all the Old English that adher'd to the Church of Rome were openly or secretly involved The Conspirators pitched upon the Day because it was Market-day at Dublin and therefore a Concourse of People would the less be perceived or suspected and they chose the time of Year because Harvest was in and the Half-years Rent generally in the Tenants Hands and because the Season of the Year would hinder Relief from England until the next Spring before which time they hoped to have effected all their Designs It was a premeditated Rebellion Lord Justices and Councils Letter foretold by Sir Henry Bedingfeild a Roman Catholick of Norfolk in April before and suspected by the King as appears by Sir Henry Vane's Letter ante pag. 64. And it was in contrivance partly at home and partly abroad before the Troubles either of England or Scotland began Memoirs 22. It was communicated to the English Papists by the Popish part of the Irish Committee then in England Husbands 2. part 247. And it was finally concluded and resolved on at the Abby of Multifernam and the * Dr. Jones's Examination Appendix 9. Scheme of the Government
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Professing our Resolutions are with all real Service to the utmost of our Power to manifest the sincerity of our Acknowledgment and Affections unto you and to perpetuate to Posterity the Memory of your Excellencies Merits and our Thankfulness We have appointed this Instrument to be entred into both Houses and under the Hands of both Speakers to be Presented to your Lordship 17th die Martii 1676. Intr. per Vaâ— Savage Dep. Cler. Parl. Rich. Bolton Canc. Maurice Eustace Speaker Int. 17th die Martii 1676. per Philip Fernely Cler. Dom. Com. To which his Excellency returned the following Answer My Lords and Gentlemen VVHAT you have now Read and Deliver'd hath much surprized me and contains matter of higher Obligation laid upon me by you than thus suddenly to be answered yet I may not suffer you to depart hence without saying somewhat to you And first I assure you that this Acknowledgment of yours is unto me a Jewel of very great Value which I shall lay up amongst my choicest Treasures it being not only a full Confutation of those Calumnies that have been cast upon my Actions during the time I have had the Honour to serve His Majesty here but likewise an Antidote against the Virulency and Poison of those Tongues and Pens that I am well assur'd will be busily set on Work to traduce and blast the Integrity of my present Proceedings for your Preservation And now my Lords and Gentlemen since this may perhaps be the last time that I shall have the Honour to speak to you from this Place and since that next to the words of a dying Man those of one ready to banish himself from his Country for the good of it Challenge Credit give me leave before God and you here to protest that in all the time I had the Honour to serve the King my Master I never received any Command from him but such as spake him a Wise Pious Protestant Prince zealous of the Religion he professeth the Welfare of his Subjects and industrious to promote and settle Peace and Tranquillity in all his Kingdoms and I shall beseech you to look no otherwise upon me than upon a ready Instrument set on Work by the Kings Wisdom and Goodness for your Preservation wherein if I have discharged my Self to his Approbation and yours it will be the greatest Satisfaction and Comfort I shall take with me where-ever it shall please God to direct my Steps And now that I may dismiss you I beseech God long to preserve my Gracious Master and to restore Peace and Rest to this aifflcted Church and Kingdom But it is necessary to cast an Eye upon the rest of the Provinces and first on Munster where we shall find that the Castle of Bunratty was surpriz'd by the English in the close of the last Year and that the Earl of Glamorgan with Three thousand of the Men design'd for England was gone to recover that place he possed himself at Six-mile-bridge and made that his Camp and his Magazine but in the beginning of April the Garison sallyed and killed Captain Magrah and many of the Thomond Men aud beat their Party and not only burned Six-mile-bridge but scowred the whole Country to within Three mile of Limerick Hereupon Glamorgan appointed a Rendezvouz at Clonmel designing to make a Second Attempt but whilst he was contriving to impeach and imprison the Lord Muskery that Lord by his Interest and Diligence was too hard for him and obtained the Command of the Army which he presently conducted to the Siege of Bunratty nevertheless that place held out Six weeks after he came before it and at last surrendered upon honourable Articles The Supream Council removed to Limerick to Countenance this Siege and Insiquin to divert it ravag'd over all the Country to the very Gates of Limerick until the Earl of Castlehaven in pity to the Confederates gathered 1000 Horse whereby Insiquin being hindred from farther Preying the Country was oblig'd to return to his Garisons and in the mean time the Lord Broghill took the Lord Muskrye's strong Castle of Blarny which was more than a Counterpoise for his Success at Bunratty And what was done the rest of the Summer in Munster I do not any where find saving that the Lord of Insiquin took the Castle of Piltown but that on the Twentieth of February the Lord Lisle the Parliaments Lord Lieutenant arrived at Cork with 30000 l. in Money seven Pieces of Battery 1000 Muskets and 100 Barrels of Powder He did his utmost to amend whatever he found in disorder and in March visited Tallow Lismore Formoy and Youghall and had Knockmone delivered unto him but when he returned to Cork he began to be jealous of Insiquin and spent some of his time in fruitless Endeavours to displace him And in Ulster I find nothing more done than what hath been already related of the Battel of Bemburb saving that the Commissioners in the later end of October whilst Owen Roe was at the Siege of Dublin and to divert him from it sent out Seven hundred Horse and Dragoons from Lisnegarvy and they ravag'd over the Counties of Cavan Monaghan Louth and Westmeath and destroyed Owen Roe's Quarters and burnt many of his Villages and abundance of Corn and demolished Carickmacross and after a Fortnights stay abroad they brought home as many Cattle and as much other Plunder as they could drive or carry As also That the Lagan and Eniskilling Forces being joyned met Owen Roe near Clownish and gave him a small Defeat And as for Conaught it seems that General Preston took Roscomon about Midsummer and reduced most part of that Province for on the Tenth of December Mr. Annesly Sir Adam Loftus Sir John Temple and Sir Hardress Waller being then in England made a Report of the State of Ireland to the Parliament as followeth viz. That all Leinster opposes the Parliament and so doth Conaught except Sligo and five or six Castles wherein the Parliament hath Six Hundred Horse and Fourteen Hundred Foot but that in Munster the Parliament hath Cork Kinsale Youghall and Bandon and in them Four Thousand Foot and Three Hundred Horse and that all Ulster is theirs except Charlemont Dunganon and Montjoy which the Irish have and Newry and Greencastle which Ormond hath and in that Province the Parliament have Eight Thousand Foot in seventeen Regiments whereof Three Thousand Five Hundred Scots and Five Thousand old British and Eight Hundred and Fifty Horse in seventeen Troops and that the Irish are well supplied with Horse Arms Ammunition and Men and have Twenty Thousand Foot and Two Thousand Five Hundred Horse in Arms. But since we have related what the Confederates did at home it is fit that we should also enquire what they did abroad which we may give a shrewd Guess at by the following Papers the first being an Extract of a Letter sent to the Queen by the Bishops of Dublin Cashel and Elphin in the name of the Congregation on the Fifteenth of August 1646.
England in sending for and impeaching one of the Members then sitting and that it was declared in Print by their order that Ireland if nam'd is bound by an English Statute which is against Law and Custom for Four Hundred Years past and though they had notice of the Protestation made by the English Parliament against Catholicks and their Intention to make Laws for the extirpation of that Religion in the Three Kingdoms and had notice of the cruel and bloody Execution of Priests in England meerly for being Priests and that his Majesty had not power enough left to save one condemned Priest and that the Catholicks of England being the Parliaments own Flesh and Blood must either suffer or depart the Land and much more must the Irish being not so nearly related to them if they should once get Jurisdiction in Ireland yet all this did not prevail with the Remonstrants to take Defensive much less Offensive Arms they still expecting that His Majesty in a short time might be able to yeild them Redress 7. That the Lords Justices c. by untrue Informations and other malicious Contrivances did endeavour to hinder His Majesty from granting Graces to the Irish Committee of Parliament but not prevailing in that they endeavoured to delay and stop them and by misconstruction and misrepresentations of the Irish Parliament endeavoured to possess His Majesty with an ill Opinion thereof and That it had not Jurisdiction in Capital Causes thereby aiming at the Impunity of those Impeached and the Destruction of the Parliament to which that power is essential and that the Lords Justices and their Adherents with the height of Malice envying their Union endeavour'd to sow Dissention in the Irish Parliament and to raise distinction of Nation and Religion and thereby made a Faction which to prevent the Graces passing into Acts Tumultuously cryed to Adjorn the House but being over-voted the Lords Justices said that if they did not Adjorn the Saturday themselves would Prorogue or Adjorn the Parliament on Monday by which means and the multitude of Proxies from Lords that have no Estate in Ireland which is destructive to the Liberty and freedom of Parliament here the Parliament was Adjorn'd on the 7 th of August and tho' the Graces were brought over soon after and the Committee desired the Lords Justices would give notice of them to the People to prevent misunderstanding or despair and an instrument was provided accordingly yet the Lord Justices willing to add Fuel to the Fire of the Subjects discontent did forbear to make such-Publication 8. That many Petitions containing matters Destructive to the Lives Estates and Religion of the Catholicks and directed to the House of Commons in England were promoted at publick Assizes to get hands unto them by Sir William Parsons Sir Adam Loftus Sir John Clotworthy and Arthur Hill Esq and others of the Malignant Party which were the more dreadful because of the said Clotworthy's power in the Parliament of England and his Barbarous and Inhuman expressions in that House against Catholicks and soon after an Order made by that Parliament Not to bow at the name of Jesus came to the knowledge of the Catholicks as also that the Malignant Party there did contrive and Plot to extingish the Irish Religion and Nation Hence some of them considered the deplorable condition they were in by a Statute of 2 Eliz. found amongst the Records but never executed in the Queens time nor discovered till most of the Members of that Parliament were dead which if executed no Catholick could enjoy his Life Liberty or Estate and yet nothing hindred but the Kings Prerogative which the Malignants endeavoured to destroy and then the Plot of Destruction by an Army out of Scotland and another of the Malignant Party in England must be executed the fear of these twofold Destructions and their ardent desire to assert the Prerogative Necessitated some Catholicks to take Arms in maintainance of Religion His Majesties Rights their own Lives Liberties and Estates and immediately thereupon took a solemn Oath and sent several Declarations to the Government and offered to submit to the Parliament of Ireland but the Offers were slighted and the Parliament Prorogued and a Declaration Issued on 23 October Accusing all Catholicks of Disloyalty but upon Application of Catholicks of Quality that the Prorogation was against Law and that a Session of Parliament was the only means to compose matters the Lords Justices knowing that but few would appear yielded to a short Session but limited it so that no Act of Grace or any thing for the Peoples satisfaction might pass that the few that met tho' disarm'd and not permitted a Servant and awed with Muskets presentto their Breasts yet desired leave to sit a short time to expect their fellows and to quiet the Insurrection and that the Graces might be Enacted but this was denied and instead of it a Declaration was propounded that these DISCONTENTED Gentlemen took Armâ— in Rebellious manner which was much resented by the best affected in both Houses but being informed that the Musqueteers had Order to shoot some of them at their going out they through terror gave way to that Declaration 9. However the greater part of the Catholicks and all Cities and Corporations and whole Provinces stood quiet and yet the Lords Justices knowing that many powerful Members of the English Parliament stood in opposition to his Majesty they sent their Addresses to that Parliament stuffed with Calumnies and propos'd to send over Forces to Conquer the Kingdom and they also Arm'd the Malignants in Ireland and the Catholicks even in Dublin and other Cities were not only denyed Arms for their Mony but also Disarm'd and when the Parliament had ordered a Pardon to all that should submit by a day limited Sir William Parsons contriv'd it so that it was publish'd only in two Counties and a short day prefix'd and Freeholders were therein excepted whereby it was manifest the Estates of Catholicks were first aimed at and then their Lives Moreover Sir Charles Coot was sent into Wicklow where he destroy'd Man Woman and Child that had neither Will nor Power to do hurt and others at Santry near Dublin Murdered innocent Husbandmen some whereof were Protestants mistaken for Catholicks meerly to force Fingal to Arms And tho' Complaint was made yet no Redress could be had and therefore the fear of being Murdered oblig'd the Catholicks to quit their Houses and to stand together in their own defence unprovided of Arms as they were hereupon a Proclamation issued 13 December not published till the 15 th requiring George King and others to come in and promising them Protection and another to summon the Lords of the Pale to meet at Council the 17 th But to prevent the effect of these Proclamations the same 15 th of December Sir Charles Coot was sent to burn Clantarf Mr. Kings House and use all acts of Hostility which he performed and this breach of Faith discourag'd the Lords of
was taken at such a day and hour with all the circumstances at large and Letters to that purpose dated from Drogheda by the Rebels that that besieged it That Dublin was taken and being infinitely Ambitious of gaining the Earl of Ormond to their Part for the greater countenance to their Cause giving out that he was their own which was so long believed by the said followers until that Noble Earl giving daily those Honorable Testimonies to the contrary and they finding it to their cost tho' with the hazard of his own Person further than his place might well allow they are now otherwise satisfied and place him in the rank of their mortal Enemies together with that terror to them Sir Charles Coot and others And thus have I laid down all that I have heard to me related omitting what I find others more largely to insist upon All which their Treacherous vain and Airy projects God disappoint As for my own private sufferings by the present Rebellion I refer them to another Schedule this being so far taken up Hen. Jones Deposed before us March 3d. 1641. Roger Puttock John Stern John Watson William Aldrich William Hitchcock Appendix X. An Abstract of the Examination of Doctor Robert Maxwell afterwards Bishop of Kilmore THAT he observed Sir Phelim O Neal and other Irish overjoy'd at the Scots Invasion of England and as much dejected at the Pacification calling the English base degenerate Cowards and the Scots dishonorable Bragodochios that merchandiz'd their Honor for Mony and being asked the reason of their joy at bad news and their sorrow at good answered That if the Fewd had continued they hoped the Earl of Strafford would have perished in the Combustion That the Irish had frequent meetings Two or Three thousand in a company before the Rebellion and borrowed great Sums of Mony of the English without any apparent necessity but paid little or none that one Mac Case a Priest being disoblig'd by Sir Phelim inform'd the Lord Deputy Wandesford of a Plot but either he was not believ'd or said nothing to the purpose That Phelim O Neal brought home two Hogsheads of Powder under colour of Wine a little before the Rebellion and the Powder was bought by small parcels Ten or Twelve pound at a time in the Names of several Gentlemen and he brag'd that his Servants James Warren and Paul O Neal were in the Plot and apprehended but contrary to his expectation were dismiss'd at Council Table and that some Lord or other spoke for them there That Sir Phelim O Neal said that the Plot was in his Head Five or Six years before he could bring it to maturity and dissembled himself as a Fool to bring it about but since it was concluded on by the Catholick Members of the Parliament he was one of the last it was communicated to That Tirlogh O Neal Sir Phelim's Brother said that the business was communicated by the Irish Committee to the Papists in England who promis'd their Assistance and that by their advice some things formerly resolved on were alter'd and that it was a good Omen and Sign of Divine Approbation that the major part of the Irish Committee were Papists and that whilst the Protestants retir'd to a separate meeting at Chichester-Hall the remaining Papists sign'd a Combinatory writing of this Rebellion in the Tolsel which that Session drew on sooner than was at first intended That Sir Phelim said That if the Lords and Gentlemen of the other Provinces then not in Arms would not rise but leave them in the Lurch for all he would produce their Warrant Signed with their Hands and Written in their own Blood that should bring them to the Gallows and that they Sate every day at Council Board and whispered the Lords Justices in the Ear who were as deep in that business as himself That the Earl of Antrims Sister said Her Brother had taken Dublin Castle being removed thither to that purpose and her Brother Alexander had taken Carigfergus and that all Ireland was in the same Case with Vlster That the British should be preserv'd as long as it was consistent with publick safety and when not ' t is better an Enemy perish than ones self That Alexander Hovenden half Brother to Sir Phelim told him that the Fryers of Drogheda by Father Thomas Brother to the Lord of Slane had the Second time invited Sir Phelim and offered to betray the Town to him and Sir Phelim said of the same Fryer that he said Mass at Finglass on Sunday morning and in the afternoon did beat Sir Charles Coot at Swords and the Fryar being by answered that he hoped to say Mass at Christchurch Dublin within eight Weeks That several of the Irish Officers and Fryers said Why may not we as well fight for Religion which is the Substance as the Scots fight for Ceremonies which are but Shadows and that Straffords Government was intollerable and being answered that it lay no heavier on them than on the British they replied the British were no considerable part of the Kingdom and besides they were certainly inform'd that the Parliament of England had a Plot to bring the Papists to Church or cut them off viz. in England by English and in Ireland by the Scots that they were sure of aid next Spring from the Pope France and Spain and that the Clergy of Spain had already contributed Five thousand Arms and Powder for a whole Year then in readiness That the Priests and Fryers were their best Agents especially Paul O Neal upon whose arrival with advice from Spain the War broke out and since that he had gone to Spain with Letters and return'd back again with instructions in a Month. That being asked why they pretended a Commission from the King and at other times from the Queen they answer'd That it was Lawful for them to pretend what they could in advancement of their Cause and that in all Wars Rumours and Lies served to as good purpose as Arms. That Sir Phelim at first pretended only to Liberty of Conscience but as his Success so his Demands increased viz. To have all Offices of State and Justice in Irish hands and no Army Tithes and Church-Lands be restor'd to the Papists all Plantations since 1 Jacobi Dissanul'd no payment of Debts nor restitution of Goods to the Protestants all Fortiffcations in Popish hands British to be restrain'd from coming over Poynings Act and all Statues against Papists repealed and the Irish Parliament made Independent and even all this would not reduce Sir Phelim without a grant of the Earldom of Tyrone and the Priviledges of O Neal. That Sir Phelim pretended to a Prophesie that he should drive King Charles and his whole Posterity out of England to be profugi in terta aliena in aeternum and that several great Men drank a Health on the Knee to Sir Phelim O Neal Lord General of the Catholick Army in Vlster Earl of Tyrone and King of Ireland That he was informed That
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 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 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 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 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 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
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 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 Tolâ—do Feb. 24. and are 1529. to treat with Illustrissime il Conde de Desmond c. 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 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 Vlster 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