Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 1 (of 3). Bagwell, Richard
comprising all Leinster, except the modern King’s and Queen’s Counties, as well as Tipperary and Waterford, were required to produce their accounts at Dublin; but those of Connaught, Kerry, Cork, and Limerick were excused on account of distance, and were required only to attend commissioners of the exchequer when they came to their bailiwicks, and to render an account to them. Ulster, the Duchess of Clarence’s patrimony, is not even mentioned by her husband’s Parliament. Of the composition of that assembly we have no record, but it was attended by the Archbishops of Dublin, Cashel, and Tuam, and by the Bishops of Waterford and Lismore, Killaloe, Ossory, Leighlin, and Cloyne. The Archbishops of Cashel and Tuam and the Bishop of Killaloe were Irishmen; the rest were of English race, and some of them born in England.
The statute begins by reciting that for a long time after the conquest the English in Ireland spoke English, and in general behaved like Englishmen; but that of late years many had fallen away and adopted the Irish language and habits, whereby the King’s authority and the English interest were depressed, and the Irish enemy ‘against reason’ exalted. In order to remedy this marriage, fosterage, gossipred, and even concubinage with the Irish was declared high treason. Supplying horses and armour to Irishmen at any time was visited with like penalties, and so was furnishing them with provisions in time of war. Englishmen and even Irishmen living among the English were to speak English, to bear English names only, and to ride and dress in the English fashion, on pain of forfeiture until they should submit and find security. If they had no lands they might lie in prison till security was forthcoming. Special penalties were provided for offenders who had 100l. a year in land. The English born in Ireland and in England were to be in all respects equal, and were not to call each other English hobbe or Irish dog, on pain of a year’s imprisonment and a fine at the King’s pleasure. War with the Irish was inculcated as a solemn duty, and the practice of buying off invasions was condemned. The end aimed at was that Irish enemies should be finally destroyed, and many minute rules were made for arming the colony properly. The rude Irish game of hurling was discountenanced, and the borderers were enjoined to make themselves fit for constant war by practising such gentlemanlike sports as archery and lance-play. Imprisonment and fine were to follow a neglect of these precepts. Provision was made to prevent the Irish from forestalling the markets by establishing fairs of their own, and from grazing their cattle in the settled districts. Very severe regulations were made against Irish hangers-on – pipers to wit, story-tellers, babblers, and rhymers, all of whom acted habitually as spies. The keeping of kerne and idlemen, armed or unarmed, at the expense of other people, was sternly forbidden, and qualified as open robbery. It became, nevertheless, the greatest and commonest of all abuses. Private war among the English was to be punished as high treason, and so was the common practice of enticing friendly Irishmen to acts of violence.
The rights and privileges of Holy Church were jealously guarded by the Parliament of Kilkenny. Persons excommunicated for infringing her franchises were to be imprisoned by the civil power until restitution was made. Tithes were specially protected, and the excommunicated were not to be countenanced by King or people. But the distinction between the hostile races was maintained in matters ecclesiastical. No Irishman was to be admitted by provision, collation, or presentation among the English. Such preferments were declared void, and the next presentation was to lapse to the Crown. Religious houses situated among the English were strictly forbidden to receive Irishmen, but Englishmen by birth and by blood were given equal rights. The Irish prelates present probably found no difficulty in accepting these principles, for they might, and did, retaliate by refusing to receive English clerks in Irish districts. The Archbishops and Bishops assembled at Kilkenny lent a special sanction to the statute by agreeing to excommunicate all who broke it, and they declared such offenders duly excommunicated in advance.
Sir John Davies, with less than his usual accuracy, has declared that ‘the execution of these laws, together with the presence of the King’s son, made a notable alteration in the state and manners of the people within the space of seven years, which was the term of this prince’s lieutenancy.’ Now, the Statute of Kilkenny was not passed till 1367, and Lionel died in 1368. The Act of Henry III., on which Davies chiefly founded his statement, says the land continued in prosperity and honour while the Kilkenny laws were executed, and fell to ruin and desolation upon their falling into abeyance. But the annalists tell a different story, and it is not easy to say what those fat years were. In 1370, only three years after the passing of the much vaunted statute, the Earl of Desmond and others were taken prisoners by the O’Briens and Macnamaras, and the deputy, Sir William de Windsor, was obliged to leave the O’Tooles unchastised in order to hurry to the defence of Munster. Newcastle, within a day’s ride from Dublin, was taken and dismantled. The judges could not get as far as Carlow. In 1377 the O’Farrells gained a great advantage over the English of Meath. The general result of the fighting during the ten years which followed the Parliament of Kilkenny was that the Irish retained possession of at least all which they had previously won. What the statute really did was to separate the two races more completely.
Edward III. repeated his grandfather’s mistake, and drew away many of the colonists to his Scotch and Continental wars. An Anglo-Irish contingent fought at Halidon Hill, and it was while making preparations for that campaign that the Earl of Ulster lost his life. Ireland was also well represented at Creçy, and many brave men fell victims to disease at Calais. The Viceroys sent over from time to time seem to have been regarded as licensed oppressors, and it is recorded of many that they left Dublin without paying their debts. Sir Thomas Rokeby, who was Deputy in 1349 and 1356, is praised by the contemporary chronicler Pembridge for beating the Irish well, and for paying his way honestly. ‘I will,’ he said, ‘use wooden cups and platters, but give gold and silver for my food and clothes, and for the men in my pay.’ That this golden saying, as Davies calls it, should have been thought worth recording shows what the general practice was. The three great pestilences which ravaged England ran their course in Ireland also. It was to the first of these visitations that the annalist Clyn succumbed. ‘I have,’ he records, ‘well weighed what I have written, as befits a man who dwells among the dead in daily expectation of death; and lest the writer should perish with the writing, and the work with the workman, I leave parchment for a continuation, if by chance any of the race of Adam should escape this plague and resume my unfinished task.’ On the whole, the reign of Edward III. must be regarded as one of the most disastrous in the annals of the English in Ireland.
The reign of Richard II. is mainly remarkable for the King’s two visits to Ireland. But that step was not taken until many others had failed. James Butler, third Earl of Ormonde, was Viceroy when the old King died. He continued in office, and held a Parliament at Castle Dermot, whose deliberations were interrupted by an invasion of Leinster on the western side. The O’Briens were bought off with 100 marks, but there were only nine in the treasury, and the residue was supplied by individuals who gave horses, a bed, or moderate sums of money. Ormonde resigned an office which there was no means of supporting properly, and the Earl of Kildare refused the post. In 1380 Edmund Mortimer, Earl of March, who claimed Ulster through his wife Philippa, the daughter of Duke Lionel, agreed to accept the burden for three years. He covenanted for 20,000 marks and for absolute control over the revenue of Ireland. The Irish scarcely ventured to oppose him openly; and he recovered Athlone, built a bridge at Coleraine, put down rebels in southern Leinster, and might have extended his power still further had he not died of a chill, caught in fording a river near Cork. Ormonde and Desmond refused to accept the vacant government, and the Irish continued to enlarge their borders. In 1385 Robert de Vere, Earl of Oxford, the King’s favourite and grandson of Ralph d’Ufford and the Countess of Ulster, was appointed Viceroy for life, and created first Marquis of Dublin, and then Duke of Ireland. All the attributes of royalty, such as the right to coin money and issue writs in his own name, were conferred on him, and he undertook to pay the King 5,000 marks a year, which the latter agreed to remit until the conquest of Ireland was complete. De Vere did not visit Ireland; but the government was carried on in his name for some years, during which the colony grew weaker and weaker. Nor did his disgrace make any more difference than his