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between her and her husband ;* but she is said to have been afterwards, by his order, imprisoned in Windsor Castle, and, together with her son, inhumanly starved to death.

The two De Lacys, alarmed at the arrival of the king in Ireland, took flight into France, and there found employment, as garden labourers, in the abbey of St. Taurin. In this retreat they had remained concealed for two or three years, when the abbot, induced, by some circumstances, to suspect their real rank, drew forth from themselves the particulars of their story; and then by appealing, in their behalf, to the clemency of Joho, succeeded in prevailing upon him to receive them again into favour. On condition of Walter pay. ing 2500 marks for Meath, and Hugh, on his part, paying 4000 marks for the earldom of Ulster, the two brothers were both reinstated in their possessions. In grateful acknow. ledgment of the service rendered him by the abbot of St. Taurin, Walter de Lacy, in returning to Ireland, brought with him the abbot's nephew, and, after making him a knight, bestowed upon him the seignory of Dingle. $

By a writ to his barons and justices, in the ninth year of his reign, John had ordered that measures should be taken for the expulsion from the king's lands of all robbers and plunderers, and all such persons as harboured them ;and an instance of outrage, said to have occurred about the same time, will show how daring was the spirit of lawless

ness then abroad, even in the neighbourhood of the chief seat of English power. 1209.

The population of the city of Dublin, at this time, appears to have consisted, for

the most part, of colonists from Bristol, who, induced by the grant which Henry II. had so unceremoniously made of Dublin to the Bristolians, established themselves there in great numbers. These citizens having, on the Monday of Easter week, flocked out from the town, for air and recreation, towards a place still called Cullen's Wood, were there attacked by some lawless septs, inhabiting the mountains in the neighbourhood of Wicklow, and no less than 300 of the assemblage, exclusive of women and children, inhumanly butchered.|| In commemoration of this massacre, it continued long after to be the custom of the citizens of Dublin to hold a feast every year, on Easter. Monday, upon the spot where the memorable outrage had been committed. There, pitching their numerous tents, the citizens passed the day in sports and recreation ; and, among other modes of celebrating the occasion, .used to challenge, from time to time, the mountain enemy" to come forth and attack them, if he dared. I

To introduce into the new.tcrritories of which they possessed themselves the laws and usages of the country they had left, would be naturally a favourite object of the first settlers in Ireland; and in this civilizing process Henry, II., though so limited in time for his task, made very considerable progress. Thus, for instance, the duties, conditions, and services by which, under the feudal system, property was held in.Eogland, continued lo be the grounds of tenure in all the grants made by him in locating his new.colony. The establishment, also, of courts baron, by the respective lords to whom he had granted lands, implies, manifestly, the adoption among them of the common law of England; and it appears, from a record of the reign of Edward III., that Hugh de Lacy, from the line of the grant to him of the territory of Meath by Henry II., held and enjoyed all jurisdic. tions and cognizance of all pleas within that districi.** In the incorporation charter which John, as lord of Ireland, granted to the city of Dublin, in the year 1192, we find the principle of burgage tenure established,--the messuages, plantations, and buildings, within the metes of the city, having been granted to the burgesses, " to be held by them ip free burgage, and by the service of landgable which they render within the walls."It

When John, for the second time, now landed upon the Irish shore, not finding any onemx to encounter his mighty force, he was left the more leisure to attend to the civil condition of the realm; and not only did he give to the laws and institutions which he found there already established a more extended scope and exercise, but he had, also, the werit of introducing others.of no less import to the future well being of the settlement. 11

· Letter of king John. See Description of the Patent Rolls. &c., by Thomas D. Hardy, F. 8. A. Our histories in gencral represent De Braosa as being at this time in France. + Pat. Roll 17 John.

1 Annal Hibern. apud Camden. & Pat. Roll, 9 John.

Hanmer. lo process of time the singing boys of the cathedral were depuled to offer this defiance (Stuart, Hist. Me. moirs of Armagh, ch viii. :) and the choirs, says Leland, are annually regaled at this place, called the Wood of Cullen, to live present day.

** Chancery Roll, Dublin, cited by Lynch, View of Legal Institutions, p. 6.

11 Gale, Inquiry into the Ancient Corporate System of Ireland, Appendir, iv. “ Nor should it be concealed that, from the beginning of his reign, this inconsistent prince (John) had shown a singular readiness to convert demesne towns into corporale boroughs;-a measure inimical to all despotism."— Roger Wendover.

11 Mathew Paris --Henry de Knyghton,-Walter de Hemingford, &c Statuitque ibidem (says Henry de Knyghton) legem Anglicanam, et ui opinia

eoruun judicia, secundum eandem, vel Anglicanam consuetudinem, terminarentur."

Some writers, it'is true, have asserted that on this monarch's accession to the throne, he found the laws of England already in full operation throughout his Irish dominions. But there seems little doubt that to him is to be attributed, besides other useful measures, the division of such parts of the kingdom as were in his possession into shires, or counties, * with their respective sheriffs and other officers, after the manner of England; and that the first sterling money ciroulated in Ireland was coined under his direction.t

We need look, indeed, for no stronger evidence of the important share which this prince, in other respects so odious, took in the great task of transplanting his country's laws and institutions into Ireland, than is found in a record of the reign of his successor, Henry III., wherein it is set forth that “John brought with him into Ireland discreet men, skilled in the laws, by whose advice he commanded the laws of England to be observed in Ireland, and left the said laws reduced in writing, under his seal, in the Exchequer of Dublin." Having provided thus for the better administration of that kingdom's affairs, and in so far redeemed the disgrace of his former experiment, the king set sail for Eng. land, leaving to John de Grey, bishop of Norwich, whoin he had appointed lord justice, the task of carrying all these measures into effect; and such was the tranquillizing influence, both of his policy and of the skill and vigour with which he administered it, that, when the French king, shortly after, threatened an invasion of England, the lord justice was enabled to spare from the force under his command a company of knights and 300 infantry, to aid the cause of his royal master.

Throughout the remainder of this monarch's reign, which passed in a series of strug. gles, as dishonouring as they were disastrous, first with the pope, and then with his own turbulent barons, there appears to have been no effort made by bis subjects in Ireland, whether English or native, to turn the' embarrassments of his position to account for the advancement of their own several interests and views. On the contrary, in defiance of all ordinary speculation, and a similar anomaly presents itself at more than one crisis of our history, while England was affording an example of rebellion and riot, which mere neighbourhood, it might be supposed, would have rendered infectious, the sister country mean while looked quietly on, and remained in unbroken peace. There are extant, indeed, letters of John, written at the time when the English barons were in arms against his authority, returning thanks to the barons of Ireland for their fidelity and service to him, and asking their advice respecting some arduous affairs in which he was then engaged. 11 It appears, also, from an order addressed at this time to the archbishop of Dublin, that seasonable presents to the native princes and chiefs were among the means adopted for keeping them in good humour; that prelate having been commissioned to purchase, forth with, a sufficient quantity of scarlet cloth, to be made into robes for the Irish kings, and others of the native grandees. I

As in the contentions between John and his barons the people of Ireland had taken no part, so neither in the Charter of Liberties wrung from him by those turbulent nobles did his Irish subjects enjoy any immediate communion or share. There were notwithstanding, present, on the side of the king, at Runnymede, two eminent personages, Henri de Londres, ** and William, carl marshal,tt who might both, from their

1215. respective stations, be naturally looked to as representatives of Irish interests; De Londres being archbishop of Dublin, and at this time justiciary of Ireland, while the lord marshal was a baron of immense hereditary possessions in that country. By neither, however, of these great lords, docs any claim appear to have been advanced in behalf

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* or the counties of Ireland, says Ware," twelve were erected in Leinster and Munster, by king John: viz. Dublin, Kildare, Meath, Uriel (or Louth) Catherlough (or Carlow.) Kilkenny, Wexford, Waterford, Cork, Limerick, Kerry, and Tipperary."

† Some of the coins of John were struck before his accession to the throne. Those which he caused to be struck at this time (1210) consisted of pennies, half.pence, and farthings, of the same standard as the English which gives twenty-two and a half grains to the penny.—Lindsay's View of the Coinage of Ireland. 1 See this writ in Cox, p. 51.

Ś Cox. Several of such writs from the crown, during this reign, asking "consilium et auxilium" of the nobles of Ireland, may be found among the records in the Tower.

1 Rymer tom. i.- Presents of cloļh were sometimes made to the chiefs in acknowledgment of their au. thority; and so late as the middle of in fifteenth century, we find John May, on being appointed archbishop of Armagh presenting to O'Neil of Ulster, si x yards of good cloth for his (O'Neil's) investiture, and three yards of like cloth for his wifes tunic.-(Regist. Armach. ** It is told of this prelate, that, having

called together his tenants, for the purpose of learning, as he alleged, by what title they held their lands, he thus got possession of all their leases, and other evidences of their property, and then consigned the whole to the flames; for which act, it is added, he was nicknamed * Scorch villain," or " Burn bill" (as

Holinshed explains it,) by the natives. ---See this idle story, with all ils redundant particulars, in 'Hanmer's Chronicle.

# The founder of Tintern abbey, in the county of Wexford. This lord, heing in great danger at sea, made a vow to found an abbey on whatever spot he should reach in safety. His bark found shelter in Bannow bay, and he religiously performed his vow, filling the abbey which he there founded with Cistercian monks, brought from Tintern, in' Monmothshire. --Archdall, Monast. Hibern.

of the king's Irish subjects, nor any effort made to include them specifically in the grants and privileges accorded by the charter.

The same respite, however, from civil strife, continued through the remainder of John's inglorious reign; and the chief merit of this unusual calm may doubtless be attributed to the talent and judgment of Henri de Londres and Geoffrey de Marisco, to whom, successively, and, for a time, jointly, during this interval, was entrusted the task of administering the affairs of the realm.

CHAPTER XXXIV.

HENRY III.

Accession of Henry III.-Grant of the great charter to his English subjects in Ireland.

Exclusion of the natives from all share of English laws and liberties.- Individual excepLions.-Hostilities between Hugh de Lacy and the Earl of Pembroke.--Surrender of their principalities by the Irish chiefs-agree to hold them in future as tenants of the crown.Breach of faith on the part of the King towards Cathal.-Visit

of Feidlim, Prince of Con. naught, to the English King.–Rebellion and death of Richard, Earl Marshall.-Irish forces employed by the King in his warfare against Wales.-Admission of a few natives to the participation of English law.—Threatened invasion of the King's dominions in Gascony, and pressing requests for aid from Ireland.—Grant by Henry of the Lordship of Ireland to his son, Prince Edward. Important reservations in that grant.--Probability that Prince Edward visited Ireland.-Renewal of hostilities with Wales.-General rising of the Mac Carthys of Desmond.-A number of Geraldine Lords and Knights put to death by them.Fall out among themselves and are crushed.--Dissensions also between the De Borghs and the Geraldines.-A parliament, or council, held at Kilkenny, and peace restored between these two families. Adıninistration of Sir Robert de Ufford.

A. D.

The new monarch being but ten years old when he ascended the throne, it became

necessary to appoint a guardian both of the king and of the realm; and the earl 1216.

of Pembroke, who, as marshal of England, was already at the head of the armies,

and who, though faithful to the fortunes of John, had yet retained the respect of the people, was, by a general council of his brother barons, appointed protector of the realm. To this nobleman, in addition to his immense possessions in England and Wales, had devolved, by his marriage with Isabella, daughter and heiress of earl Strongbow, the lordship, or rather royal palatinate, of Leinster. Having, personally, therefore, so deep an interest in the prosperity of the English settlement, it could little be doubted that affairs connected with that country's welfare would under his government, becoine objects of special attention.

Accordingly one of the first measures of the new reign was to transmit to Ireland a duplicate of the instrument by which, in a grand council held at Bristol, Henry had renewed and ratified the great Charter of Liberty granted by his father. Neither had the English settlers themselves been so little alive to the favourable prospect, which a reign, opening under the auspices of the lord of Leinster, presented, as not to avail themselves of the first opportunity of making an appeal to the consideration of the throne. Shortly after the king's accession, they had laid before him, through the medium of one of his chaplains, Ralph of Norwich, a statement of the grievances under which they laboured; and it was in about seven weeks after that the duplicate of the renowned English charter was transmitted to them,* " sealed,” says the letter of Henry, which accompanied it, “ with the seals of our lord Gualo, legate of the apostolical see, and of our trusty earl, William Marshall, our governor, and ihe governor of our kingdom,-because as yet we possess no seal.”+

There prevailed a notion, it is evident, through the few first reigns of the Anglo-Irish period, that the kingdom of Ireland ought to have for its rulers some member of the reign

Pat. Roll, I Henry III.
† Qaui sigillum nondum habuimus.

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ing family of England. An unsuccessful trial of this experiment took place, as we have seen, under Henry Plantagenet ; and the reign at present occupying our attention exhibits an equally injudicious partition of the royal title and power; the first suggestion of such a plan having originated with the Irish barons themselves, who, in the memorial addressed by them to Henry, on his accession,* desired, among other requests, that either the queen dowager or the king's brother should be sent to reside in that country.

In giving an account of the transmission to Ireland, by Henry III., of a copy or duplicate of the great charter, historians have left it too much to be implied that the charters for both countries were exactly the same; without any, even, of those

1216. adaptations and compliances which the variance in customs between the two countries would reasonably require. The language of Henry himself, in transmitting the document, somewhat favours this view of the transaction. But such was not likely to have been the mode in which an instrument, then deemed so important, was framed. Among the persons by whose advice it had been granted were William Marshall, lord of Leinster, Walter dc Lacy, lord of Meath, John, lord marshal of Ireland,t and several other noblemen, all connected, as lords of the soil and public functionaries, with Ire. land, and intimately acquainted with the peculiar laws and customs of the land. As might naturally be expected, therefore, several minute but not unimportant differences are found to exist between the two charters: some in the forms, for instance, of administering justice; others in the proceedings for the advowsons of churches; and some arising out of the peculiar Irish custon as to dowers; while all imply, in those who drew up the document, a desire to accommodate the laws of the new settlers to the customs and usages of the country in wbich they were located. I

It appears strange, however, that any such deference for the native customs and institutions should be shown by legislators, who yet left the natives themselves almost wholly out of their consideration; the monstrous fact being, that the actual people of Ireland were wholly excluded from any share in the laws and measures by which their own country was to be thus disposed of and governed. Individual exceptions, indeed, to this general exclusion of the natives occur so early as the time of king John,g during whose reign there appear "charters" of English laws and liberties, to such of the natives as thought it necessary to obtain them; and it is but just to say of John, as well as of his immediate successors, Henry and Edward, that they endeavoured, each of them, to establish a community of laws among all the inhabitants of the country. But the foreign lords of the land were opposed invariably to this wise and just policy; and succeeded in substituting for it a monstrous system of outlawry and proscription, the disturbing effects of which were continued down from age to age, nor have ceased to be felt and execrated even to the present day.

The desire of plunder, which had hitherto united the English settlers against the natives, was now, by a natural process, dividing the enriched English among themselves. The first very violent interruption of the peace that occurred in Henry's reign arose out of the rival pretensions of two powerful barons, Hugh de Lacy and the young William, earl of Peinbroke, the latter of whom, on the death of his father, in 1219, had succeeded to his vast Irish possessions. Some part of the lands which thus descended to him having been claimed, as rightfully his own, by De Lacy, the arbitrement of the sword was appealed to, in preference to that of the law, and fierce hostilities between them ensued; in the course of which Trim|| was besieged by Pembroke, and gallantly defended, and the counties of Leinster and Meath were alternately laid waste. The power

1220. ful chief of Tyrone, O'Neill, lent his aid, in this war of plunder to De Lacy. T

How little of fairness or good faith the wretched natives had to expect in their dealings with the foreigner, was, about this time, made but two warningly manifest. Regarding the throne as their only refuge against the swarm of petty tyrants by whom they were harassed, more than one of the great Irish captains now followed the example of Cathal of Connaught, in formally surrendering to the king their ancient principalities, and then receiving back a portion by royal grant, to be held in future by them as tenants of the English crown ;-thus making a sacrifice of part of their hereditary rights, in order 10

A. D.

• Close Roll. 1 Henry III.

Nephew of the lord William Marshall, and appointed by king John to the marshalsea of all Ireland, in the ninth year of his reign.

Lynch, View of the Legal Inetitutions, fc. established in Ireland, chap. 2.
So early as the year

1216, John had laid a precedent for this sort of charters, by his grant of “ English law and liberty" to Donald O'Neill.-Pat. Roll, 17 John.

It is generally believed that the still existing castle of Trim was built by the younger De Lacy, soon after this seige.

Hanmer.

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enjoy, as they hoped, more securely what remained. In this manner O'Brian, prince of

Thomond, received from Henry a grant of part of that territory, for which he was 1221.

to pay a yearly rent of 130 marks. The fate of Connaught, however, held forth

but scanty encouragement to those inclined to rely on such specious compacts. In despite of the solemn engagement entered into by king John,t in the year 1219, as suring to Cath the safe possession of a third part of Connaught, on the condition his surrendering the other two parts to the king, the whole of that province was now, by a grant of Henry III., bestowed upon Richard de Burgh,—the factious baron who had caused so much trouble to the crown, in the reign of king John, -to be taken possession of by him after Cathal's death, This violation of public faith was not allowed to pass unresisted or unrevenged. On

the death of Cathal, which occurred soon after, the people of his province, re1223. gardless of Henry's grant, and supported by the ever ready sword of O'Neill, pro

ceeded to elect a successor to the chieftainship, and conferred that dignity upon Tirlogh, Cathal's brother. So daring a defiance of the will of the government called down on the offenders the vengeance of the lord justice, Geoffrey de Marisco; and a long furious, struggle ensued, during which, the sovereignty of Connaught, after having passed from Tirlogh to Aedh, a son of Calhal, settled at last on the brow of Feidlim, another son of that prince.

However fertile were these dark times in acts of injustice, violence, and treachery, there are few events in which all these qualities can be found more odiously exemplified, than in the melancholy fate of the young Richard, earl marshal, son of the late protector

of the realm. This lord, having incurred the resentment of Henry, by joining in 1233.

a confederacy against him, with the earl of Cornwall and other malcontent lords, found hinself

, without trial, deprived of his high office of marshal, and was forced to retire for safety into Wales; where entering into an alliance with Llewellyn and other chiefs of that province, he successfully defended one of his own castles that had been attacked by the king's troops, and made reprisáls on the royal territories in return.

To repress such daring movements by force, would have been, on the king': part, no more than an exercise of a natural right of self-defence. But treachery was the means employed to get rid of this refractory young lord. By the base contrivance, as it is said, of the bishop of Winchester, Henry's chief adviser, letters under the kings seal, fraudulently obtained, were sent to the lord justice, Maurice Fitz-Gerald, to Hugh and Walter de Lacy, Richard de Burgh, Geoffrey de Marisco, and others of the Irish barons, informing them that Richard, late earl marshal of England, having been proscribed, banished, and deprived of his estates, by the king, yet stilt continuing in rebellion against his authority, it was required of these lords, that should Richard by chance land in Ireland, they should forth with seize upon his person, and send him, dead or alive, to the king. In consideration, it was added, of this service, all the possessions and lands that had devolved to Richard in Ireland, and were now at the king's disposal, would by him be granted to them and their heirs forever. I

So tempting a bribe, to men brought up in no very scrupulous notions of right and wrong, could not fail to appeal with irresistible effect; and from thenceforth, no art or treachery appears to have been spared to lure the victim into their toils. In order to in

duce him to pass over into Ireland, exaggerated accounts were conveyed to him of 1... the force of his immediate adherents; together with secret assurances of support 1334.

from many of the barons themselves. Thus deceived as to the extent of his resources, he rashly ventured over with a guard of but fifteen followers, and, immediately on his arrival, was waited upon by the chief actor in the plot, Geoffrey de Marisco; who, reminding him of his ancient rights, and of the valiant blood flowing in his veins, advised him to avenge the insults he had received by attacking the king's territories without delay. This advice the unsuspecting young earl adopted ; and, taking the field with whatever force he could hastily collect, succeeded in recovering some of his own castles, and got possession of the city of Limerick after a siege of but four days.

Still farther to carry on the delusion till all should be ripe for his ruin, the treacherous barons now affected alarm at the success of his arms, as threatenep danger to the king's government; and, proposing a truce, requested an interview with him for the purpose

of 1000 marks.

Cor. According to Leland, but, I think, incorrectly, the payment was a yearly rent of 1002. and a fine

" This was the only grant (says Cox) made by the crown of England to any mere Irisbman to that time, excepting that to the king of Connaught.” 1 Cor.

Mathew Paris. $ *Limeric quoque famosam Hiberniæ civitatem quadriduana cepit obsidione." -Mathew Paris.

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