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 / by Richard Cox ...

THE REIGN OF EDWARD III. King of England, &c. And LORD of IRELAND. (Book Edward III)

EDWARD the Third (upon the Resigna∣tion of his Father) was proclaimed King the twenty fifth day of January 1327. and Crown∣ed the first day of February following;* 1.1 and (being but fifteen years old) had twelve Go∣vernors 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 Ju∣stice, 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 Coun∣ty of Wicklow) was burnt at Hoggin-Green in Dublin, for Heresie, or rather for most horrid Blasphemy; for he deni∣ed the Trinity, and the Incarnation of our Blessed Savi∣our, &c.

And because it may be pleasant and useful to a curious Rea∣der,* 1.2 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 be∣fore 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 Ex∣chequer, 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 Exche∣quer 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;* 1.3 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,* 1.4 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 Par∣ties; 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 Wa∣terford, and thence into England.

The Army of the Fitz-Giralds and their Confederates, was mightily increased, in expectation of a greater resist∣ance 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 unde∣stroyed.* 1.5 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 them∣selves 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,* 1.6 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 Ar∣my 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 No∣ble James Butler married the Earl of Hereford's Daughter,* 1.7 which he had by Elizabeth, the Seventh Daughter of K. Edw. the First, and was at the Parliament at Northampton, Crea∣ted Earl of Ormond; And yet I have seen a Patent Dated 6 Edw. 3.* 1.8 and exemplified 38 Edw. 3. Whereby James But∣ler is Created Earl of Ormond, and Ten Pound per annum out of the Fee-Farm of Waterford, granted to him for Creation-Money.

And now the Lord William Burk and Arnold Poer returned into Ireland, and a Parliament was call'd at Dublin, to com∣pleat the Reconciliation between them on the one side, and the Butlers, Geraldines and Birminghams on the other; which, it seems, was begun at the aforesaid Parliament at Northampton, and now effected at this Parliament in Ireland: Whereupon, the Earl of Ʋlster made a great Feast in the Castle of Dublin, and the next day after, the Lord Maurice Fitz-Thomas did the like at St. Patricks-Church, although it was in the time of Lent.

But a strange Accident fell out at this Parliament; for the Lord Justice was forc'd to purge himself of Heresie,* 1.9 which the Bishop of Ossory laid to his Charge, because he had abet∣ted one Sir Arnold Poer, whom the Bishop had condemned of certain Heretical Opinions; But the Lord Justice made appear, that the Bishops Proceedings were partial and unjust, in favour of a Kinsman of the Bishops, who began the Quar∣rel with Poer; and that therefore he (the Justice) support∣ed the Cause of the Oppressed; and so, after a very solemn Purgation, the Lord Justice was acquitted, and declared a true Son of the Church; whereupon, he made a great Feast for all Comers.

Nevertheless, the unfortunate Poer (who had been ta∣ken by the Kings Writ De Excommunicato capiendo, ground∣ed on the Bishops Certificate) died in Prison, before this Matter was fully adjusted, and his Carcass was a long time kept above ground and unburied, because he died unas∣soiled.

Sir John Darcy,* 1.10 Lord Justice, in whose time Macoghegan of Meath, and other Irishmen of Leinster, O Bryan of Tho∣mond, and his Confederates in Munster, broke out into Re∣bellion; and yet this common Calamity could not unite the English, although their own Experience had taught them (and frequent Instances have convinced the succeeding Ages since) that the English never suffered any great Loss or Ca∣lamity in Ireland, but by Civil Dissentions and Disagree∣ment amongst themselves:* 1.11 when the Earl of Louth, and many other of the Birminghams, Talbot of Malahide, and an hundred and sixty Englishmen were murdered by the Trea∣chery of their own Countreymen the Savages,* 1.12 Gernons, &c. at Balibragan in Ʋrgile; and when the Barryes and Roches in Munster did as much for James Fitz-Robert Keating, the Lord Philip Hodnet,* 1.13 and Hugh Condon, with an hundred and forty of their Followers; what wonder is it if Macoghegan defeated the Lord Thomas Butler and others,* 1.14 near Molingar, to their loss of an hundred and forty of their Men? Or if Sir Simon Genevil lost seventy six of his Soldiers in Carbry in

the County of Kildare; or if Brian O Bryan ravaged over all the Country, and burnt the Towns of Athessel and Typerary.

However,* 1.15 the Irish grew so Insolent and Outragious, upon these small Victories, that they shewed but little regard to God or Man. In the Church of Freinston they found about fourscore People at their Devotions;* 1.16 it seems the miserable Wretches (well acquainted with the cruelty of these ungo∣vernable Soldiers) did not expect to escape their Fury,* 1.17 and therefore made it their only Petition, to save the Life of the Priest▪* 1.18 but these Ruffians were deaf to all Supplications for Mercy, the Priest was the first Man they wounded, and after they had spurned the Host with their Feet, they compleated their Sacrilege by burning the Church, Priest, People and all. Nor did they regard the Ecclesiastical Censures, nor the Pope's Interdict, which afterwards issued against them; on the contrary, in all their Actions they manifested an entire contempt both of Ethicks and Christianity, so that one would think the Poet prophesied of these Men, when he said,

Nulla fides pietasve viris qui castra sequuntur.

But Pride will have a fall, and Providence will certainly tri∣umph over the Wickedness of Men, in a proper Season, and commonly Methods unexpected, whereof this unruly Multi∣tude is one Instance: For the Men of Wexford (by their imminent Ruine rendred desperat) entertain'd a Skirmish with this formidable Rabble,* 1.19 and had the good Luck to kill four hundred of them, and the rest surprized with a pannick Fear on this unexpected Defeat, ran away in such a confused and hudling manner, that most of them were drowned in the River Slane, and have left a just Occasion for this true Remark, That huffing and insolent Men are always Cowards; and if this be true any where in the World, it is true in Ire∣land.* 1.20 Sir Philip Stanton had the ill Luck to be slain by the Irish, and Sir Henry Traherne (by the Means of Onolan) was surprized in his own House at Kilbeg: But in Revenge of it, the Earl of Ormond burnt Foghird in Onolan's Country; and the Lord Justice prosecuted the O Birnes so effectually, that after the Slaughter of some of the best of them, they were forced to submit.

But the Lord Justice finding himself too weak to deal with such a vast number of Rebels, as were now in Arms in all parts of the Kingdom, he invited Maurice (afterwards Earl of Desmond) to take the Field, and promised him the King's Pay:* 1.21 Maurice came accordingly, with a very considerable Army,* 1.22 and advanced against the Onolans, he routed them,

and burnt their Country, so that they were forced to sub∣mit and give Hostages: He did the like to the O Morroughs, and took the Castle of Ley from the O Demps••es.

But the Lord Justice was not abl•• to pay so great an Army, (being near ten thousand Men) 〈◊〉〈◊〉 therefore he was fain to connive at their extorting Coyn an•• Livery, which now was first practised by the English: But the Irish had used that barbarous Oppression long before. (and perhaps from the beginning) as appears by the fourth Constitution of the Synod of Cashel, Ante pag. 23.

I have seen the Copy of a Patent,* 1.23 dated March 1. 3. Edw. 3.* 1.24 constituting the Earl of Ormond Lord Lieutenant of Ireland; but I find nothing more of it any where else: But the same Year Typerary was made a Palatinate.

The Irish had again petitioned the King for a general Li∣berty to use the English Laws;* 1.25 whereupon the King sent a Writ to the Lord Justice▪* 1.26 to consult the Parliament in Ireland,* 1.27 and to advise him of their Opinions in that Matter.

And by another Writ of the same Date, the King orders the Justice and the Chancellor to supervise the Exchequer twice every Year.

And it seems there was also a Parliament at Dublin, this Year,* 1.28 wherein it was ordained, That the King's Peace should be fully kept, and that every Nobleman and Chieftain should keep in his own Sept. Retinue and Servants.

Roger Outlaw, Prior of Kilmainham, was made Lord Depu∣ty,* 1.29 and kept the Kingdom quiet 'all the Summer, and the Winter was so stormy and wet, that nothing could be done till January; and then the Macoghegans began to be trouble∣some again in Meath; but the Earls of Ʋlster and Ormond gave them a Defeat near Loghynerthy, about Lent, where∣upon they were so enraged that they burnt fifteen Villages; but they paid for it in another Skirmish, wherein three Irish Lords Sons, and one hundred of their Followers were slain.

This Year a Parliament was holden at Kilkenny,* 1.30 at which were present Alexander Archbishop of Dublin, the Earls of Ʋlster and Ormond, the Lord William Birmingham, and the Lord Walter Burk of Connaught, and each of these brought a considerable Power with him, to pursue O Brian, and expel him from Ʋrkiffe near Cashil.

It seems this great Army march'd to Limerick, and that the Burks▪ did prey some of the Giraldines Lands, in their March; whereupon such Fewds arose between those Fami∣lies, that the Lord Justice was necessitated to confine the Earl of Ʋlster and Maurice of Desmond, to the Custody of the Marshal at Limerick; but Maurice quickly found means to

escape, and thereupon 'tis probable the Earl was also en••arg∣ed: It seems that both of them went to England. But what became of this mutinous Army,* 1.31 I find no mention, save that an anonymous Author reports, Quod nihil perfecerunt.

But the next Year was more propitious,* 1.32 for on the twen∣ty first of April the English gave the Irish an Overthrow in O Kens••le: And in May the English at Thurles defeated O Brian, and slew many of his Followers: And about the same time O Tool came to Tullagh, and robbed the Archbishop of Dub∣lin, took three hundred of his Sheep, and killed some of his Servants: Upon notice of it Sir Philip Britt and others sal∣lied out of Dublin; but they were too forward and careless, so that they fell into an Ambush in Culiagh, and were most of them slain; whereupon the Irish were elevated to that degree,* 1.33 that they attacked the Castle of Arklow, and took it; but the Lord Birmingham with a smart Party undertook them, and mortified them to the lowest degree of Submission, and might have ruined them, if he had not trusted to their false Promises.

Sir Anthony Luey,* 1.34 a Man of great Authority in England, was sent over Lord Justice; he brought with him the Lord Hugh de Lacy, who was now pardoned and in some Favour: He also brought the King's Letters to the Earl of Ʋlster, and others of the Nobility, to give their best assistance to him the Lord Justice.

The Lord Justice designed by a severe Government to correct and reform the Distempers of those Times; but, alass, it was too great an Undertaking for one Man, and required more time than he had to spend in Ireland.

However, his Government was auspicated with a Victory, which those of the English Pale (on the eleventh of June) obtained over the Irish at Finnagh in Meath. And though there was a great Dearth and Scarcity still continuing, yet it was somewhat moderated by the great Plenty of large Fishes cal∣led Thurlehides, sent by Providence into the Bay of Dublin, in a prodigious number, for the relief of the Poor.

A Parliament was summoned to meet at Dublin at Mid-summer (by which it is manifest, that they did not hither∣to practise the formality of forty Days Summons); the Ap∣pearance was so thin, that the Parliament was adjourned to Kilkenny, to the seventh of July: And thither came Thomas Earl of Kildare, and others that were not at Dublin, and were freely pardoned what was past, being first sworn on the Holy Evangelists, and the Reliques of the Saints, to Al∣legiance, and Preservation of the peace for the future:

But in August the Lord Justice received the bad News, That the Irish had taken and burnt the Castle of Ferns:

Whereupon he grew jealous, That some of those English Lords that absented themselves from the Parliament at Kil∣kenny, did underhand abet the Irish, or else they durst not so frequently rebel; and therefore he resolved to apprehend as many of them as he could get: And first, Henry Mandevil was, by Warrant from the Chief Justice, taken in Sep∣tember; and Maurice of Desmond (being arrested in Limerick, in the beginning of October) was by warrant from the Lord Justice and Council brought to Dublin; Walter Burk and his Brother were seised in November; and William and Wal∣ter Birmingham were secured in Clonmel, in February follow∣ing, and afterwards sent to Dublin.

It seems there was more than bare Suspicion in this Matter, for the Lord William Birmingham, who had often done good Service for his King and Country, was nevertheless executed the eleventh of July 1332. and his Son Walter had not escap∣ed, but that he was in Orders; and Maurice of Desmond was likewise kept in Prison a Year and a half, and then discharg'd upon very great Bail, and sent into England, to the King.

But let us look back to the third of March 1331. at which time the King and Parliament of England made Ordinances and Articles for the Reformation and Tranquility of Ireland, and sent them thither, in haec verba.

REX Justic.* 1.35 Canc. & Thes. suis Hibern. salutem: Manda∣mus vobis, quod articulos subscriptos, quos pro emendatione status Terrae nostrae Hiberniae, quiete & tranquilitate populi nostri ibidem, per advisamentum Concilii nostri in ultimo Parliamento nostro apud Westmon. tento ordinavimus in dicta Terra Hiberniae, quantum ad vos attinet, teneatis & observetis, & per alios fideles nostros dictae Terrae, teneri & observari faciatis: Tenor autem artic••••••orum praedictorum talis est.

Imprimis. Justiciarius qui nunc est, vel pro tempore fuerit, non concedat Cartas Pardonationis de morte hominis, nec roberiis & incendiis aliquibus, nisi de roberiis & incendiis ante festum Paschae, anno regni Domini Edwardi Regis Angliae tertii post Conquestum quinto perpetratis: Et quod de caetero certificet Regem de nominibus hujusmodi Pardonationes petentium, & de avisa∣mento suo & quod Rex faciat inde voluntatem suam, & quod nullus in Terra Hiberniae ex nunc faciat tales Pardonationes infra libertatem & extra, sub gravi forisfactura Domini Regi.

Item. Quod dictus Justic. de caetero non concedat tuitionem pacis felonibus ad silvam existentibus.

Item. Quod una & eadem lex fiat tam Hibernicis quam An∣glicis; excepta servitute Betagiorum, penes Dominos suos eodem modo quo usitatum est in Anglia de Villanis.

Item. Quod Justic. nec aliquis alius Minister de caetero det alicui custodiam vel maritagium alicujus haeredis ad regem pertinentis, nec pardonet debita Regis, seu fines, amerciamenta vel catalla foris∣facta, sed quod Justiciarii & alii Ministri hujusmodi custodias & maritagia vendant, & aliud comodum Regis inde fac. juxta discretiones suas.

Item. Quod Vic. & Coronatores de caetero eligantur per Com∣munitates Comit. & non alio modo, & quod catalla forisfacta remaneant in custodia Villar.

Item. Quod Justic. seu aliquis alius Minister, non recipiet aliquem magnatem in pleg▪ vel manucaptor. versus Dominum re∣gem, nisi quatenus pro commodo Regis viderint faciendum.

Item. Quod Justic. obsides pro conservatione pacis, sive liberatos in carceris Domini Regis fac. salvo custodire, ad sumptus suos proprios, & quod si ipsi qui posuerunt hujusmodi obsides, conditiones & conventiones quas fecerunt non observent, Justic. faciant Judi∣cium de hujusmodi obsidibus.

Item. Quod Justic. seu aliquis Magnus Hibern. non concedat protectiones alicui contra pacem Regis existent.

Item. Quod nullus Minister Regis de caetero recipiatur in pleg. vel manucaptorem versus Dominum Regem.

Item. Quod fines de vaccis de caetero pro redemptione non capi∣antur, sed denarii.

Item. Quod Treuga capta & capienda inter Anglicos & Hi∣bernicos de caetero observetur, & quod neutra pars damnum alteri durante hujusmodi Treuga inferat, & si fecerit pro felone habe∣atur.

Item. Quod nullus ut lagatus in Gildabili receptetur infra libertates nec e converso, & inde fiat Ordinatio per Justic. & alios Ministros & Dominos libertatum.

Item. Quod Vic. & alii Ministri computent quolibet anno se∣mel ad minus si comode fieri poterit.

Item. Quod Seneschallus alicujus Domini in Hibern. non po∣natur in aliquo Officio Regis.

Item. Quod Thes. vel aliquis alius Minister Regis ubi ipse intendere non potest supervideat quolibet anno castra Regis, & statum eorundem & quod emendare fac. defectus eorundem.

Item. Quod vic. in Turnis quae faciunt de Brevibus Domini Regis ponant nomina sua ita quod quilibet Vic. de exitibus foris∣facturis & aliis proficuis quae requiruntur sub nomine Vic. oneretur ad Scac. pro tempore suo proprio.

Item. Quod extranei non assignentur Collectores Custumorum Regis, sed Burgenses, Villarum ubi tales Custumae colligi debent assignentur ad eas colligendas, & hoc fiat de potentioribus & discre∣tiorbus.

Item. Quod Justic. fac. inquirere quolibet anno de Ministris Domini Regis, & eorum factis, & quod puniat delinquentes

pert concilium & avisamentum Canc. & Thes. & aliorum de concilio Regis, & amoveat insufficientes.

Item. Quod nullus manuteneat neo ducat Kernes nec Gentes vocat Idle men, nisi in Marchis suis propriis, & ad custus eo∣rundem, nec faciat prizas.

Item. Quod omnes Ministri Regis qui tenentur ad computan∣dum, & non habent Terras seu Tenementa sufficientia in Hiber∣nia, invenient manucaptionem in Hibern. ad respondendum Regi de compotis suis ibidem.

Item. Quod habentes Terras & Tenementa in Hibernia tam religiosi quam alii, praemuniantur quod resideant in iisdem si sint in Marchis vel alibi, vel ponent sufficientem Custodiam pro con∣servatione pacis in iisdem citra Fest. S. Petri ad vincula prox. futur. & si non fecerint quod Rex in eorum defectum Terras & Tenementa illa in manum suam capiet, & de sufficiente custodia eorundem ordinabit.

Item. Quod nullus cujuscunque status seu conditionis manute∣nea••, foveat nec defendat Hibernicos, seu alium quemcunque con∣tra pacem Domini Regis insurgentem, & si aliquis sic fecerit, & inde convictus fuerit, pro Felone habebitur, &c.

And at the same time the King sent another Writ,* 1.36 com∣manding them to observe the Law of England in case of ward∣ships, without regard to the Custom or Usage of Ireland.

In July the Irish razed the Castle of Bunratty to the ground, but in lieu of that,* 1.37 the English (on the 8th of August) took the Castle of Arcklow, and re-edified it: They had also the good fortune to defeat the O Bryans, Mac Carthyes, and other Irish in Munster, and to kill a great many of their Men, and they also took the Castle of Coolmore.

The Irish Hostages that were kept at Limerick and Ne∣nagh, made notable Attempts to surprize and seize both those Castles; and they pursued the Project so far, as to get both of them into their possession; but the English were resolv∣ed to regain them; which they perform'd in a very short time, and the Hostages at Limerick, were put to death for their Treachery, and those at Nenagh, were still kept in du∣rance.

But the O Tools of Leinster made a more successful At∣tempt on the Town of Newcastle in the County of Wicklow; for they not only took it, but also burnt it.

In the mean time,* 1.38 at the English Parliament (holden in September, principally for the Affairs of Ireland, and the Kings Expedition thither) it was fully agreed, that the King should pass to Ireland in person,* 1.39 and that in the mean time, a Power should be sent to that Country; and Command∣ment was given, that all such as have Lands there, should

repair thither for defence of that Kingdom; and that all such Learned in the Law as shall be sent as Justices, or otherwise to serve in Ireland, shall have no Excuse; and that Search be made amongst all the Kings Records, to see what hath been done for the Amendment of the Irish:* 1.40 And soon after a Writ was sent to William de Burgo and others, to attend the King, to consult of his Voyage to Ireland; but because the time of year did not serve for the Kings Voyage, nothing more was done, than that the Lord Justice was recalled in November, and in February after came over.

Sir John Darcy, Lord Justice, to whom the King gave the Mannors of Louth and Ballyogany, which Simon Earl of Eu, had forfeited by adhering to the French King: Soon after his coming, the Birminghams took a Prey of two thousand Cows from the O Connors in the County of Sligo.

But this small Success was quickly over-ballanced by a great Misfortue;* 1.41 for William Burk, Earl of Ʋlster, was on the 6th of June basely murdered by his own perfidious Servants at Carigfergus; whereupon, his Wife and on∣ly Daughter sailed to England; the Daughter was after∣wards Married to the Duke of Clarence, and had one only Daughter, who was Wife to Roger Mortimer, Earl of March, and Lord of Trim: And from her the Earldom of Ʋlster, and Lordship of Connaught came by descent to be annexed to the Crown. But two of the Burks seized upon most part of the Estate, and divided it between them; and knowing they could not hold it by the Law of England, they confede∣rated with the Irish, and changed their Language, Apparel, Customs and Manners; Nay their very Names were altered into those of Mac William Eighter, and Mac William Ough∣ter; and by these means they have made a shift to keep some part of that mighty Estate for many score years. The Lord Justice, to revenge the Murder of the Earl of Ʋlster, (which made a great noise in Ireland) call'd a Parliament, by whose advice he went by Sea to Carigfergus, on the first of July, and by help of the Country People he destroyed the Murderers, and their Abettors; and thence with his Army he sailed into Scotland, where he did very good Service.

But the Parliament sitting in England,* 1.42 the 15th of March, it was there resolved, That because the Kings Affairs requi∣red him in France, his Irish Voyage should be postpon'd for a year, so as Aid might be sent in the mean time; but it seems that the Scots so allarm'd him in the North, that he perform∣ed neither the one nor the other Voyage: And though both Houses (apart) advised the King to send Supplies of Men and Money to Ireland, and gave him one Disme, and one Fifteenth to that purpose; yet I do not find that any conside∣rable

Recruits were sent thither; but instead of that, a Com∣mission was sent to treat with the Rebels.* 1.43

Whilst the Lord Justice was beyond Seas, the Govern∣ment was managed by Thomas de Burgh, Lord Treasurer; but it was not long before Darcy return'd with honour, and releas'd Walter de Birmingham out of Prison in February fol∣lowing, and soon after, Sir Simon Archdeacon, and others were slain by the Irish in Leinster.* 1.44 And the young Lord Roch prevail'd with the King to reduce (to ten pounds) a Fine of two hundred Marks, impos'd on his Father for ab∣senting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned.

Maurice Fitz-Girald broke his Leg by a Fall from his Horse, and was thereby hindred from repairing to England, as he had promised and designed;* 1.45 but now being recovered, he went thither, and was well received by the King, and crea∣ted Earl of Desmond,* 1.46 9 Ed. 3.

On the 9th of August, the English gave the Irishmen a great Defeat in Connaught,* 1.47 and with the loss of one man slew ten thousand of their enemies, and not long after, the Lord Justice was removed; and▪

Sir John Charleton came over Lord Justice,* 1.48 and brought with him his Brother Thomas, Bishop of Hereford, Lord Chan∣cellor, John Rice (or ap Rees) Lord Treasurer, and two hundred Welsh Soldiers; he called a Parliament at Dublin, to which the Archbishop of Armagh designed to come,* 1.49 and in order to it, made great Preparations at S. Mary Abby, but the Archbishop of Dublin would not permit him to advance his Cross in that Diocess, till the King sent his Writs, as well to the Archbishop as to the Corporation of Dublin, not to molest the Primate.

Thomas Charleton,* 1.50 Bishop of Hereford, Governour of Ire∣land, he caused Sir Eustace Poer and Sir John Poer to be im∣prisoned in the Castle of Dublin, on the third Day of Febru∣ary. And this Winter there was so great Frost and Snow, from the second Day of December to the tenth Day of Febru∣ary, that they Plaid, Danced, and roasted Fish on the Ice, upon the River of Liffy.

And now again,* 1.51 were all the Irish in Arms, especially in Munster; but the Earl of Desmond so well managed Matters there, that he slew one thousand two hundred Men in Kerry, and took Nicholas Fitz-Maurice, Lord of Kerry, Prisoner, and kept him in Durance till he died,* 1.52 because he had joyned with the Irish against the King and the Earl.

Nor had the Earl of Kildare worse Success in Leinster; for he pursued the O Dempsies so close, that many of them were drowned in the River Barrow, and the greatest Booty that

ever was taken in that Country, was brought by the Lord Justice and the English from Idrone, in the County of Cater∣logh, about the latter end of February; and in April follow∣ing, the Lord Justice being sent for to England, resigned to

Roger Outlaw,* 1.53 Prior of Kilmainham, Lord Justice; he died the February following, and by the Kings Patent consti∣tuted

John Lord Darcy L. Justice during Life; but he came not afterwards into Ireland; but in May following sent over

Sir John Morris,* 1.54 Lord Deputy, to whom the Inhabitants of Ireland did not pay that respect which was due to his Character; for the English Irish were how grown so proud, that they disdain'd to be under the authority of a Knight▪ And therefore (to mortifie them) it was resolved to make a general Resumption of all Lands, Liberties, Signiories and Jurisdictions which this King or his Father had granted in Ireland.

QƲia plures excessivae Donationes Terrarum, Tenement.* 1.55 & Libertatum in Terra Hibern. ad minus veracem & sub∣dolem suggestionem potentium, quam per Ed. 2. quam per Regem nun••, facta sunt, &c. Rex delusorias hujusmodi Machinationes volens elidere, de concilio peritorum sibi assistent▪ omnes donatio∣nes Terrarum, Tenement. & Libertat praedict duxit 〈◊〉〈◊〉, &c. quousque de meritis personarum ac de causis conditionibus donationum praedict. fuerit informat. & ideo Mand•••• est Justi••. regni Hibern. quod omnia Terras, Ienementa, &c. praedict. perdict. Reges, Justic. aut locum tenentes suos, quibuscunque perso∣nis fact. seisire facias, &c.

It cannot be expressed what Fewds,* 1.56 Heart-burnings and Dissatisfactions this one unadvised Act did create; it was the rise and occasion of a distinction between the English of Blood, and the English of Birth, which had like to be fatal to the whole Kingdom;* 1.57 all the old English were disobliged by this procedure, and without their assistance the King could not keep (much less enlarge) his Interest in Ire∣land.

To qualifie this Matter, and to allay these Heats,* 1.58 a Parlia∣ment was summoned to meet at Dublin in October; but the Earl of Desmond and other Great Men of that Faction openly refused to come; and on the contrary, they confederated with the Corporations, and some Cities, and the rest of the Male-contents, and (without consulting the Govern∣ment) they appointed a General Assembly at Kilkenny, in November following; and there they did accordingly meet;

and the Lord Justice had not Power to hinder them, nor did he dare to come to them.

This Assembly sent Messengers to the King with their Com∣plaints couched in these three Queries;

I. How a Realm of War could be governed by a Man un∣skilful in all war-like Service?

II. How an Officer under the King, that entred very poor, could in one Year heap up more Wealth than Men of great Estates in many Years? And,

III. How it chanced, since they were all called Lords of their own, that the Sovereign Lord of them all was never the richer for them?

The King, who knew what they aimed at, was very unwilling to restore the Lands and Jurisdictions he had re∣sumed, and therefore tryed all other ways to reform the King∣dom 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 Beha∣viour 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 em∣ploy no others in any considerable Office than such English∣men, 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 Trea∣surer, 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 Resum∣ption: 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 Ard∣magh,* 1.59 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 Tempo∣ralities 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 Grievan∣ces 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 Dub∣lin, or the discontented Assembly at Kilkenny, non constat•• But 'tis certain, that not long after the Lord Justice was re∣moved; and

Sir Ralph Ʋfford came over Lord Justice,* 1.60 he married the Countess Dowager of Ʋlster, and was a grave severe Man, and the likeliest Person of that Age to reduce the Seditious to their Duty; however, the Irish and the old English speak very hardly of him; and after they had given him the worst Cha∣racter imaginable, they add, That there was a continual Tempest in Ireland, from the time of his landing to the Day of his Death:* 1.61 'Tis certain they hated him so, that in Sight of the People, and at noon-day, he was robbed of his Cloaths, Mony, Plate and Horses, by Mac Cartane, at Emerdullin, no Body endeavouring to help or rescue him; nevertheless, he afterwards raised the Men of Vrgile, and gained the Pass, and entred Ʋlster.

On the twenty fourth of November the King and Parliament at Notingham, made Ordinances for the Reformation of Ire∣land;

which are the same mentioned already, 17 Edw. 2. an∣te, pag. 112. which is there mistaken for 17 Edw. 3. as I sup∣pose, for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are mis∣printed, 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,* 1.62 & Magnates & quosdam de discretioribus Hominibus (i.e. the Commons) in Parliamentis tractentur dis••utiantur & termi∣nentur.* 1.63

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 as∣serted (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 Par∣liament held that Year at all. Certainly the greatest Assem∣bly 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 hun∣dred 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 Chap∣ter of Dublin: There were also many Irish Lords, as O Han∣lon, 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 Parlia∣ments,* 1.64 the former were properly Parliaments, and in them the three Estates were assembled; and this sort of Parliament is intended in the Submission of Mac. Mahon, 25. Hen. 6. whereby he promiseth, that in time of Arch-Parliaments, he will carry nothing away out of the English Pale, contrary to the Statutes. Thus the Annals of Ross mention, Quod Mag∣num Parliamentum tenetur apud Dublin, 1333. And Mr. Camb∣den (ad annum 1341) calls it Commune Parliamentum. But after all, there were but very few Cities or Corporations that were concerned in, or summoned to an Irish Parliament, un∣til of later Days. The Earl of Desmond did indeed associate with the Deputies of many Towns, in his Assembly at Kil∣kenny; but that was to strengthen his Party, and to enlarge his Confederacy; so that whoever will look for an Irish Par∣liament,

consisting of Lords Spiritual and Temporal, Knights, Citizens and Burgesses, summoned by the King's Writ, on forty Days Notice, and sitting in several Houses, as the Cu∣stom is now, must search the Parliament Rolls, to satisfie himself which was the first Parliament of that sort in Ireland, for he will not in any History find a sufficient Information in that Particular, as I suppose.

But let us return to the Lord Justice,* 1.65 who summoned a Parliament to meet at Dublin, the seventh of June, but the Earl of Desmond still refused to come thither, and had ap∣pointed another Assembly at Calan; at which Place several great Men had promised to come;* 1.66 but they were prohibited by the King's Writ, and therefore excused themselves to the Earl.

But the Lord Justice, to abate the Insolence of the Earl of Desmond, advanced the King's Standard into M••nster, he seized on the Earls Lands, and gave them, in custodiam, to those that would take them: He also by Stratagem took the Castles of Iniskilly and Island in October following, and he hanged three Knights that commanded them, viz. Poer, Grant and Cotterel,* 1.67 Quia multas graves extraneas, & intole∣rabiles leges exercuissent, tenuissent & invenissent, viz. Coyn and Livery, &c.

It is probable that Desmond was so mortified with this Usage, that he surrendred himself to the Lord Justice, and was let to bail, on the Recognizance of the Earls of Ʋlster and Ormond,* 1.68 and twenty four Knights; but finding the Seve∣rity of this Governor, he thought it dangerous to appear, ac∣cording to the Condition of the Recognisance, and therefore it was estreated into the Exchequer; and though the Noble∣men and some of the Knights, made a shift to get rid of this matter, yet eighteen of the Knights lost their Estates, and were utterly ruined thereby.

This Lord Justice did also use means to apprehend the Earl of Kildare, which at last he effected, and kept him in Prison, where he continued till the twenty sixth of May, 1346. and then he was discharged by the new Justice, on the Recog∣nisance of twenty four Lords and Gentlemen.

About this time, viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland: And the King pardoned the Archbishop of Dublin (late Treasurer of Ireland) for sundry false Writs and Acquittances, which he had put into his Treasurers Account, in deceipt of the King.

But on Palm-Sunday (being the ninth Day of April) this severe Governor submitted to his Destiny,* 1.69 to the great Joy of the generality of the People: And it is observeable,

That his Lady (who was received like an Empress, and liv∣ed like a Queen) was fain to steal away through a Postern-Gate of the Castle, to shun the Curses of her Enemies, and the Clamour of her Creditors.

Sir Roger Darcy was immediately appointed Lord Justice, (ex assensu & ordinatione Regalium & aliorum in Hibernia) and sworn the 10th of April; but he continued only till the 25••h of May, and then surrendred to

Sir John Morris, Lord Justice, who met the bad News, that in April before, the O Mores had burnt the Castles of Ley and Kilmehide: He released the Earl of Kildare out of Prison, as aforesaid; but continued not long in his Govern∣ment; so that there is little mention of what was done in his time, saving that in June, the Irish of Ʋlster slew three hundred of the English of Ʋrgile, and immediately there∣upon

Sir Walter Birmingham,* 1.70 Lord Justice landed in Ireland, and was sworn the 19th of June; he procured leave for the Earl of Desmond to manage his Cause in England; where that Earl was kindly received, and allowed by the King twenty Shillings per diem from the day he landed, for his Expences (his Estate being, I suppose, in Custodiam) he was diligent in his business, and followed the Law hard (says my Author) for satisfaction for the wrongs done him by Ʋf∣ford.

The Lord Justice and the Earl of Kildare, in November pursued the O Mores so effectually, that they forced them to submit, and give Hostages; and thereupon the Earl of Kil∣dare (obliged by the kindness shewed to his Cozen Desmond, in England) went in May to serve the King at Calice,* 1.71 where he was Knighted by the King for his good Service, and the Lord Justice return'd to England, leaving

John Archer, Prior of Kilmainham, Lord Deputy; in whose time Donald Oge mac Morrough (call'd Prince of Leinster) was murdered by his own Followers on the 5th of June, and the Town of Nenagh was burnt by the Irish on St. Stephens Day.

Sir Walter Birmingham,* 1.72 Lord Justice came again from England, having first obtain'd for himself the Barony of Ken∣lis in Ossory, which formerly belonged to Sir Eustace Poer, one of the Knights taken by Ʋfford in the Earl of Desmonds Castle of Island, and there executed.

It was about this time,* 1.73 viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King, that Enqui∣ry might be made by good men, why he taketh no Profit of what he hath in Ireland, seeing he hath more there than any of his Ancestors had? And if default be found in the Officers, that then such others be put into their places as

will answer the King of the reasonable Profit thereof; and the King was pleased it should be so: They also desire that the Estate of the Earl of Ʋlster (which if the Kings Daughter-in-Law (the Duchess of Clarence) should die without issue, might descend to Co-parceners, some of which are the Kings Enemies) might be setled otherwise.

And it seems that by the good usage Desmond and Kildare found in England and France, and the daily expectation to have the resumed Lands and Jurisdictions restored; which was done anno 1352. the Kingdom was so quiet, that we find little or nothing recorded of these times, except the alte∣ration of the Governors, viz. that

The Lord Carew,* 1.74 Lord Justice, succeeded Birmingham, and that

Sir Thomas Rokeby,* 1.75 Lord Justice, came over the 20th of December, and afterward he returned to England, and left.

Maurice de Rochford,* 1.76 Bishop of Limerick, Lord Deputy, who held that Place, and discharg'd it worthily, until

Sir Thomas Rokeby,* 1.77 Lord Justice, returned; he brought with him ten men at Arms, and twenty Archers, which were allowed him by the King over and above the ordinary Reti∣nue of twenty Men.

About this time lived Sir Robert Savage, a very considera∣ble Gentleman in Ʋlster, who began to fortifie his dwelling House with strong Walls and Bulwarks; but his Son derided the Fathers Providence and Caution, affirming, that a Castle of Bones was better than a Castle of Stones; and thereupon, the old Gentleman put a stop to his Building. It hapned that this brave Man with his Neighbors and Followers, were to set out against a numerous Rabble of Irish, that had made Incursions into their Territories: And he gave Orders to provide plenty of good Cheer against his return; but one of the Company reprov'd him for doing so; alledging, that he could not tell but the Enemy might eat what he should pro∣vide; to whom the valiant old Gentleman replied, That he hoped better from their Courage;* 1.78 but that if it should hap∣pen that his very Enemies should come to his House, he should be asham'd if they should find it void of good Cheer. The Event was suitable to the Bravery of the Undertaking; Old Savage had the killing of three thousand of the Irish near Antrim, and return'd joyfully home to Supper.

But let us return to the Lord Justice; of whom it is re∣corded, that he us'd to say, That he would rather eat his Meat in wooden Dishes, and pay Gold and Silver for it, than to eat in Golden Dishes, and make wooden Payment; However, on the 20th day of July 1355. he did resign to

Maurice Fitz-Girald,* 1.79 Earl of Desmond, Lord Justice; he obtained so much favour in England,* 1.80 that he had this Office granted to him for Life, which expired the 25th day of Ja∣nuary; he was so just a man, that he spared not his very Re∣lations when they were criminal. And about this time the Barons of the Exchequer were reduced to Three,* 1.81 and John de Pembrook, Chancellor of the Exchequer, was made the third Baron.

Sir Thomas Rokeby,* 1.82 Lord Justice, returned again to Ire∣land, and held a Parliament at Kilkenny; at which many good Laws were enacted. In his time a Memorable Writ was sent to the Lord Justice and Chancellor, reciting, That whereas the Subject found great difficulty to get Restitution (according to Law) of such Lands as were at any time seiz∣ed into the Kings Hands;* 1.83 And whereas they refused in Parlia∣ments here, to take cognizance of erronious Proceedings in the Kings Courts, but put the Subject to the trouble and charge of prosecuting a Writ of Error in England, the King orders amendment and Reformation in both those Cases. And not long after, this worthy Lord Justice died at the Castle of Kilkea, and was succeeded by

Almaricus de Sancto Amando,* 1.84 Lord Justice; in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars: but at length (by the favour of the Pope) the Friers got the better of the Bishop.

To this Lord Justice the King sent a Writ or Commission,* 1.85 authorizing him, with the Advice of the Chancellor and Treasurer, to give a special Pardon to as many English or Irish as he shall think fit, for all Crimes, except Trea∣son.

Moreover, for the better instruction of the People, and because of the Non-residence of their Pastors,* 1.86 the King, by his Sovereign Ecclesiastical Jurisdiction, Authoriz'd and Li∣cenc'd the Archbishop of Dublin to constitute perpetual Vi∣cars in all Benefices and Prebendaries belonging to his Arch∣bishoprick, and of the Kings Patronage, with certain pro∣portions of greater and lesser Tithes, and other Profits, to those who should reside upon them.

But (which was more than all this) the King by advice of his Council, made most excellent Ordinances in England, for the better Government of the Church and State of Ire∣land, and the maintenance of the good Laws and Statutes of England there established, they are to be found at large in Prins Animadversions on the 4th Instit. pag. 287. and there∣fore are omitted here (being very long, though also very good) only this must be observed, that the Clause former∣ly quoted (ad annum 1344) out of the 4th. Instit. is by

my Lord Cooke mistaken both as to Time and Form; as to the Time, it was not 17 Edw. 3. as he says; but it was 31 Edw. 3. And as to the Form, it is thus;

VOlumus & praecipimus quod Nostra & ipsius terrae Negoti••a praesertim majora & ardua, in Conciliis per peritos Con∣ciliarios nostros ac Praelatos & Magnates, & quosdam de discre∣tioribus & probioribus hominibus de partibus vicinis, ubi ipsa Concilia teneri contigerit propter hoc evocandos; In Parliamen∣tis vero per ipsos Conciliarios nostros ac Praelatos & Proceres, aliosque de Terra praedict. prout Mos exigit, secundum Justitiam, Legem, Consuetudinem & Rationem tractentur, &c. But to return.

James,* 1.87 Earl of Ormond, Lord Justice, was commonly sti∣led The Noble Earl, because he was of the Royal Blood, be∣ing great Grand-son to King Edward the first.

In his time,* 1.88 the King ordered Proclamation to be made in Ireland, That no Meer Irishman should be Mayor, Bayliff, or Officer of any Town within the English Dominion (i.e. the Pale) nor be advanced to any Ecclesias••••cal Benefice or Promotion;* 1.89 but the next Year, the King, by his Writ explains the former Proclamation,* 1.90 and orders that it shall not extend to any Irish Clerks, who have done him Service, or are Loy∣al to him.

But it seems that the Lord Justice was sent for into Eng∣land, and until his Return,

Maurice Fitz-Girald,* 1.91 Earl of Kildare, was constituted Lord Justice,* 1.92 by Patent under the Great Seal of Ireland; he was to have the usual Sallary of five hundred pound per annum, maintaining thereout Ninteen Horsemen besides him∣self; but he did not continue long in this Station before

James Earl of Ormond,* 1.93 Lord Justice, return'd; and the King intending to send his Son to Ireland,* 1.94 with a good Force, summoned the Duchess of Norfolk, and all other Noble and Gentle Men and Women that held Lands in Ireland, to ap∣pear in Person or by Proxy,* 1.95 before him and his Council, to advise concerning the Defence of Ireland, and to repair to that Kingdom in Person (with all the Forces they could raise) by a certain Day, or to send their sufficient Deputies to assist the Kings Son in Defence of the Country.

And the same Day issued a Writ or Proclamation, prohi∣biting the transporting of any Corn or Victuals out of Ire∣land on pain of Forfeiture; and another Proclamation or Writ, to seize all the Lands or Tenements purchased in Ire∣land 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 Claren••e,* 1.96 Earl of Ʋlster, and Lord of Con∣naught, came over Lord Lieutenant, and brought with him an Army of fifteen hundred men by the Pole, and his Enter∣tainment 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 Lan∣cashire, and two pence apiece for twenty three Archers out of Wales.

Under him was Ralph Earl of Stafford, who had six shil∣lings 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,* 1.97 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 Hob∣lers 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 Horse∣back.

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 six∣pence 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,* 1.98 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 King∣dom by their Valour.

However, the Duke marched his Army against O Brian, but not being acquainted with the Country, nor the Man∣ners 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 Er∣ror, by another Proclamation, inviting and requiring them to come to him; whereupon they united, and the Affair pro∣ceeded 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 Exche∣quer 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 Ire∣land, he returned to England, on the twenty second of April, leaving

James Butler,* 1.99 Earl of Ormond, Lord Deputy: This Lord obtained a Licence from the King, to purchase Lands to the value of sixty Pound per annum,* 1.100 non obstante the Statute or Ordinance, That no Officer of the King's should purchase within his Jurisdiction. But on the eighth Day of De∣cember

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,* 1.101 Lord Deputy, in whose time great Con∣test arose between the Birminghams of Carbry, and the Inha∣bitants 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 Co∣heirs 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,* 1.102 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, Leigh∣lin and Cloyne,* 1.103 (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,* 1.104 and that it be Treason to use it: That Marriage, Nursing and Gossiping with the Irish be Treason: That the use of Irish Name, Ap∣parel or Language be punished with the loss of Lands or im∣prisonment, 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,* 1.105 together with the Presence of the King's Son, and the Discipline he used, did very much reform the degenerate English; so that the Revenues certain and casual of Ʋlster and Connaught were thenceforward accounted for, in the Exchequer, and the King's Writ did run in both those Provinces, and therefore this Statute was revived and confirmed by 10 Hen. 7. cap. 8.

It is to be noted,* 1.106 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 decla∣red, 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 con∣cluded this Parliament to his Mind, went to England; and

Gerard Fitz Maurice, Earl of Desmond, was made Lord Justice;* 1.107 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,* 1.108 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.* 1.109 But on the twelfth of July came over

Sir William de Winsor, Lord Lieuten. who called a Parlia∣ment at Kilkenny, which gave three thousand Pound Subsidy: And soon after another at Ballydoil, which gave two thou∣sand Pound Subsidy,* 1.110 towards the Maintenance of the King's Wars: Both which Sums were for some time forborn, by the King's Order,* 1.111 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 in∣terrupted 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,* 1.112 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,* 1.113 Earl of Kildare, Custos of Ireland, and he was sworn the next Day; and continued in that Office until

Sir Robert de Ashton,* 1.114 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 particu∣larly Hussy,* 1.115 Baron of Galtrim, the Sheriff of Meath and Wil∣liam 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,* 1.116 which shall therefore be recited.

REX dilecto & s••ideli suo Roberto de Ashton, Justic. suo Hibern. Salutem, Ex gravi conquestione ligeorum nostro∣rum Terrae nostrae Hibern. accepimus, quod cum Willielmus de Winsore, nuper locum nostrum tenens in Terra praedicta, ad primum Parliamentum post adventum suum in Hibern. tent. apud Dublin, diversa Custumas & onera quae antea aliquo tempore concessa non fuerunt ab ipsis Ligeis nostris peti••isse, viz. de quo∣libet 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 Sal∣monis duos solidos, de quolibet dolio Vini sex solidos & octo denar. de qualibet pipa vini tres solidos & quatuor denar. de qualibet libra ••arnium boum porcorum & ovium sex denarios, de qualibet weia frumenti sex solidos & octo denarios, de qualibet weia Bra∣sei fabarum pisar. hordei siliginis & hastinel quinque solidos, de qualibet weia salis sex solidos & octo denaer. de qualibet libra pel∣lium equorum, cervorum, Aphrorum, pillfell. & pannor. laniar. & lineorum & fuldingoram & aliarum merchandizarum sex de∣narios, & licet Praelati, Magnates & alii ligei nostri pro majo∣ri parte in dicto Parliamento nostro existentes, concessioni levati∣oni & solutioni custum. & onerum praedictorum expresse contradi∣xerunt, & quidam Praelati, de concilio & assensu praefat. Willielmi existentes & aliae singulares personae pro minori parte ejus••em Parliamenti in quadam camera congregati custumam & onera superdicta absque assensu majoris partis dicti Paliamenti per tres annos tantum & non ultra concesserunt, praefatus tamen Willielmus & alii de concilio suo in rotulis Canc. nos••ri ejusdem irrotulari & registrari fecerunt quod dicta custumae & onera per omnes in dicto Parliamento presentes perpetuis temporibus perci∣pienda concessa fuerunt, in ipsorum ligeorum nostrorum Terrae nostrae praedictae destructionem & depa••perationem manifestam, unde nobis supplicarunt sibi per nos de remedio provideri, nos no∣lentes 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 & Communi∣tate dicti Parliamenti recitari & declarari, & si per exposi∣tionnem & examinationem eorundem vobis constare poterit pre∣missa veritatem continere, tunc irrotulamentum ac record, conces∣sionis custumae & onerum praedict. de assenfu dicti Parliamenti sine dilatione cancellari & damnari & levationi & exactioni cu∣stumae & 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 Pem∣bridge, who was the King's Servant and Warden of the Cinque Ports,* 1.117 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 Abju∣ration for Felony, or by Act of Parliament: And therefore another was sent, viz.

Sir William Windsor,* 1.118 Lord Lieutenant, who arived at Waterford on the eighteenth Day of April, 1374. and was sworn at Kilkenny the fourth of May: He undertook the Custody or Government of Ireland for eleven thousand two hundred and thirteen Pound six Shillings and eight Pence per annum,* 1.119 and obtained an Order from the King and Coun∣cil, 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 Ser∣vice of Ireland than any Englishman then living: So finding he could do no good, he resigned to

James Earl of Ormond,* 1.120 Lord Justice: In whose time the Counties, Cities and Burroughs of Ireland sent Commissi∣oners to the King to Treat and Advise about the Affairs of that Kingdom, (and not to the English Parliament, as some have mistaken it):* 1.121 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 Bay∣liffs 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,* 1.122 &c. Salutem. Sciatis quod com∣misimus dilecto consanguineo nostro Jacobo le Bottiler, Comiti de Ormond officium Justic. nostr. Hibern. & Terram no∣stram 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 Per∣sons, and (by consent of the Council) to remove or displace any Officer, those made by Patent under the great Seal only excepted:* 1.123 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-Tho∣mas,* 1.124 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 Mun∣ster) 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,* 1.125 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.* 1.126 His Revenue in Ireland did not exceed ten thou∣sand Pound per annum, though the Medium be taken from the best seven Years of his Reign.

Notes

• * 1.1

  1327.
• * 1.2

  Lib. H. Lam∣beth.
• * 1.3

  Fragm. 8.
• * 1.4

  Davis 134. says it was Kildare.
• * 1.5

  Cambden, 181
• * 1.6

  1327.
• * 1.7

  Bak••
• * 1.8

  Lib. G. Lam∣beth.
• * 1.9

  Camb. 182.
• * 1.10

  1329.
• * 1.11

  June 10. 1329.
• * 1.12

  Davis, 135.
• * 1.13

  Fragm. 10.
• * 1.14

  August 8.
• * 1.15

  Holingsh. 70.
• * 1.16

  Cambden ad annum
• * 1.17

  1331.
• * 1.18

  Lib. P. Lamb.
• * 1.19

  Cambd. 185.
• * 1.20

  Camb. 183.
• * 1.21

  January, 1329
• * 1.22

  Fragment, 9.
• * 1.23

  Lib. CCC.
• * 1.24

  Lambeth.
• * 1.25

  Davis, 103.
• * 1.26

  22 Aug.
• * 1.27

  2 Edw. 3.
• * 1.28

  Prin, 266.
• * 1.29

  1330.
• * 1.30

  Pryn, 267.
• * 1.31

  Frag. 9.
• * 1.32

  1331.
• * 1.33

  Cambd. 184.
• * 1.34

  3 June, 1331.
• * 1.35

  Pryn, 267.
• * 1.36

  Prin, 269.
• * 1.37

  1332.
• * 1.38

  Cottons Rec. 9.
• * 1.39

  Ibid. 10.
• * 1.40

  Lib. Z Z.
• * 1.41

  1333.
• * 1.42

  Cottons Rec.
• * 1.43

  Prin, 270.
• * 1.44

  Ibid.
• * 1.45

  1335.
• * 1.46

  1336.
• * 1.47

  Campion, 88.
• * 1.48

  1337.
• * 1.49

  Pryn. 409.
• * 1.50

  1338.
• * 1.51

  1339.
• * 1.52

  Cambden, 187.
• * 1.53

  1340.
• * 1.54

  1341.
• * 1.55

  15 E. 3. m. 14
• * 1.56

  Davis 138. that it was by good ad∣vice.
• * 1.57

  Pryn. 272.
• * 1.58

  1342.
• * 1.59

  Pryn, 277.
• * 1.60

  1334.
• * 1.61

  Camb. 189.
• * 1.62

  4 Inst. 350, 351.
• * 1.63

  Vide postea ad annum, 1357.
• * 1.64

  Lib. M. Lam∣bet••.
• * 1.65

  1345.
• * 1.66

  Fryar Clun, ad annum 1344.
• * 1.67

  Ware antiq▪ 69.
• * 1.68

  Lib. P.
• * 1.69

  1346.
• * 1.70

  1346.
• * 1.71

  1347.
• * 1.72

  1348.
• * 1.73

  Cottons Rec. 66.
• * 1.74

  1349.
• * 1.75

  1349.
• * 1.76

  1351.
• * 1.77

  1353.
• * 1.78

  Camb. 193.
• * 1.79

  1355.
• * 1.80

  Lib. M.
• * 1.81

  Lib. CCC. 10. 29 Ed. 3.
• * 1.82

  1356.
• * 1.83

  Prin. 286. 29 Ed. 3.
• * 1.84

  1337.
• * 1.85

  Prin, 294.
• * 1.86

  Ibid.
• * 1.87

  1359.
• * 1.88

  34 Edw. 3.
• * 1.89

  35 Edw. 3.
• * 1.90

  Pryn, 296.
• * 1.91

  March 30.
• * 1.92

  1360.
• * 1.93

  March 15.
• * 1.94

  1357.
• * 1.95

  4 Instit. Pryn, 296.
• * 1.96

  1361.
• * 1.97

  Davis, 30, 31.
• * 1.98

  36 Edw. 3. m. 21.
• * 1.99

  1364.
• * 1.100

  Lib. CCC.
• * 1.101

  1365.
• * 1.102

  1367.
• * 1.103

  Lib. D.
• * 1.104

  Davis, 112, 191.
• * 1.105

  Davis, 193.
• * 1.106

  Lib. D.
• * 1.107

  1367.
• * 1.108

  1368.
• * 1.109

  1369.
• * 1.110

  Pryn, 304.
• * 1.111

  Prin, 300, 301
• * 1.112

  Lib. D.
• * 1.113

  1371.
• * 1.114

  1372.
• * 1.115

  1373.
• * 1.116

  Pryn, 303.
• * 1.117

  2. Inst. 47.
• * 1.118

  1374.
• * 1.119

  Lib. G.
• * 1.120

  July 24. 1376
• * 1.121

  Pryn. 305.
• * 1.122

  Ibid.
• * 1.123

  Ibid. 307.
• * 1.124

  Lib. G. 13.
• * 1.125

  1377.
• * 1.126

  Lib. M.