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 General Library 
 
THE SOCIAL STATE 
 
 OF THE, 
 
 SOUTHERN AND EASTERN COUNTIES 
 
 OF IRELAND 
 in tf)e S^ixttmti) (JTenturg : 
 
 BEING 
 
 THE PRESENTMENTS OF THE GENTLEMEN, COMMONALTY, 
 
 AND CITIZENS 
 
 OF 
 
 CARLOW, CORK, KILKENNY, TIPPEIIARY, WATERFORD, AND WEXFORD, 
 
 MADE IX THE 
 
 REIGNS OF HENRY VIII. AND ELIZABETH. 
 
 PEINTEB FROM THE OEIGINALS IN THE PUBLIC KECOED OFFICE, LONDON. 
 
 EDITED BY 
 THE LATE HERBERT J. HORE, ESQ., 
 
 AND 
 
 THE REV. JAMES GRAVES, 
 
 A. B., M.R.I. A. 
 
 DUBLIN : 
 ^R1^'TED AT THE UNIVEKSITr PRESS, 
 
 FOR THE ASSOCIATION. 
 
 1870. 
 

INTRODUCTION. 
 
 The lamented death of one of the Editors of this 
 Volume having suspended its progress for some 
 years, it is now at length placed in the hands of the 
 Members of the Association in as complete a state 
 as the surviving Editor's care could accompKsh. 
 
 Unable to gain access to Mr. Hore's MS. collec- 
 tions, he must claim the indulgence of the reader, 
 if the latter portion of the Work is not so fully 
 annotated as doubtless it would have been had 
 Mr. Hore lived to see it through the Press. No 
 pains have been spared, however, to secure the 
 correct rendering of the original documents — docu- 
 ments that, in the very words of the people them- 
 selves, give a melancholy but graphic picture of the 
 
 b 
 
 133758 
 
ii Introduction. 
 
 social state of those counties of Ireland to which 
 they relate, and which, although outside the Pale, 
 were yet more fully colonized by England than 
 other parts of the Island. 
 
 JAMES GRAVES. 
 
 Inisnag, Stoneyford, 
 December 31, 1869. 
 
THE ANNUARY 
 
 OF 
 
 THE KILKENNY AND SOUTH-EAST OF IRELAND 
 AECHiEOLOGICAL SOCIETY. 
 
 THE PRESENTMENTS OF THE JURIES OF THE COUNTIES OF 
 KILKENNY AND WEXFORD, THE CITY OF KILKENNY, AND 
 THE TOWNS OF WEXFORD AND ROSS, TO THE COMMIS- 
 SIONERS FOR ORDERING OR REFORMING THE STATE OF 
 IRELAND, ANNO 1637. 
 
 A GENERAL view of tlie state of Ireland during the 
 eventful and memorable reign of Henry the Eighth 
 has recently been presented to historians and archasologists 
 by the publication of two quarto volumes of State Papers. 
 Beside the ordinary political correspondence which passed 
 between the governments in Dublin and London, these vo- 
 lumes include several treatises on the social condition of 
 Ireland. A peculiar class of documents, of the same period 
 and character, the originals of which are also preserved in 
 the State Paper Office, were, however, not published in full, 
 being somewhat prolix, so that their contents appear only in 
 summary. They contain many very curious details respect- 
 ing the Anglo-Irish inhabitants of certain districts outside 
 the Pale, where Gaelic usages had superseded English laws, 
 and where the authority of Government was scarcely ac- 
 
 B 
 
2 Tlte Presentments of Juries of the 
 
 knowledged. As these public records, in which so remark- 
 able a state of society is described, are obviously of much 
 interest in local as well as historical pomts of view, it is 
 proposed to print them in extenso and seriatim ; and the 
 follo^\dng sketch of their origin may serve as an introduc- 
 tion to those now selected for publication. 
 
 Soon after the dangerous revolt of the Leinster Gerald- 
 ines was suppressed, four gentlemen of high quality, An- 
 thony St. Leger, George Paulet, Thomas Moyle (afterwards 
 Knights), and William Berners, Esquires, were sent over 
 from England by Henry VIII. as Commissioners " for the 
 ordre and estabhshment to be taken and made touching 
 the whole state of our Land of Ireland,, for the reduction 
 of the said land to a due civilitie and obedience, and the 
 advancement of the publique weal of the same." The High 
 Commissioners arrived in September, 1537, and proceeded 
 through the counties of Kildare, Carlow, Kilkenny, Tippe- 
 rary,Waterford, and Wexford, pursuing their object through- 
 out this journey by holding inquiries or inquests relative to 
 the offences committed, the non-observance of the law, and 
 the general grievances of the counties and towns they visited. 
 These investigations mark the extent of the district which 
 was then but partially under the dominion of, or in an in- 
 termediate degree of subjection to, the Crown. Thus, while 
 inquiries were unnecessary in the Pale — that narrow terri- 
 tory where, owing to the vicinity of the seat of government 
 and courts of justice, the laws were tolerably obeyed, 
 the reforming Commissioners never ventured into regions 
 so rude as Thomond and Desmond, and far less into the 
 still wilder tracts of Ulster and Connaught. Juries com- 
 posed of the principal gentry of the shires and of the most 
 respectable merchants in the cities and boroughs repre- 
 sented upon oath the various grievances which both towTi 
 
Counties of Kilkenny and Wexford^ Sfc. 3 
 
 and country had to complain of. Accordingly, tlieii* " ver- 
 dicts" contain full evidence of the disorganization of the 
 district which was deemed the Anglo-Irish borders of the 
 Pale ; the inhabitants of which — being either surrounded 
 by or intermingled with the (Jenizens of the unsubjugated 
 mountain countries under the rule of Irish chieftains — had 
 become a mixed people, and had long and largely parta- 
 ken of customs and usages such as the Statute of Kilkenny 
 had forbidden the Enghshry to adopt. These presentments 
 therefore portray a state of society similar to that which 
 existed contemporaneously upon the Scottish border, 
 Avhere a fusion of Scotic and Teutonic races had produced a 
 mixed system of clanship and feudalism; and, as these docu- 
 ments are elucidatory of the manners of the time and country, 
 they will assuredly be considered interesting by all who con- 
 cur in Dr. Johnson's opinion, that the most instructive and 
 valuable portions of history are those which describe the 
 manners of mankind. 
 
 In perusing these representations of the social condition 
 of the border counties of Ireland in the middle of the six- 
 teenth century, the reader Avill, indeed, be frequently re- 
 minded of the contemporary state of Scotland, as depicted 
 in the delightful writings of the author of " Waverley," 
 and especially in his admirable Essay on the Antiquities of 
 the Border. It must always be borne in mind that the geo- 
 graphical features of Ireland exercised an influence on her 
 historjT^ ahuost equal to that of her national customs. In 
 Great Britain the frontier line between the hostile nations 
 was well defined ; but in Ireland the countries of the Gael 
 were intermingled A\dth the domains of the Anglo-Norman ; 
 so that those contested territories, kno^vn in Britain l)y the 
 significant name of "debateable," were interspersed through- 
 out the entire island. Giving to this circumstance, an evil 
 
 b2 
 
4 The Presentments of Juries of the 
 
 moral state, such as in Scotland was confined to the Highland 
 frontier and the Border, extended throughout Ireland. On 
 comparing the Border laws with the Statute of Kilkenny, 
 many points of close reseml)lance will be observed. Thus, 
 it was treason and felony to supply Scottishmen with wea- 
 pons of war ; to sell bread or corn to them without license ; 
 to pay black-mail or protection money ; to let any Scotch 
 offender, taken red-hand, escape; to harbour outlaws and 
 rebels from Scotland ; to intermarry mtli Scottish women ; 
 and to hold parleys with the enemy without license from 
 the Lord Warden. 
 
 The object of the Commission of 1537 was to restore Eng- 
 lish law among the Anglo-Irish colonists. Their government 
 and interests had been neglected for many centuries by the 
 great absentee nobility^ and by the Crown. The tenure by 
 which the colonists held their estates, either under the sove- 
 reign or his barons, entitled them, while they on their part 
 performed their feudal services, to protection, and to the 
 due administration of laws which were their birth-rio-ht. 
 But as their lands were intermingled with those of the 
 native race, marriages and alliances naturally took place ; 
 and the customs and manners of the country began gra- 
 dually to prevail. 
 
 Chief Baron Finglas, who wrote his "Decaie of Ireland" 
 anno 1529, states that the colonies of the south had conti- 
 nued to observe their national laws for a considerable period 
 after their settlement ; but he adds : — 
 
 " In Kyng Edward III. his dayes, Lionell, duke of Clarence, being 
 the kyng's lieutenant of Irlaund, perceaving not oonly the lordes 
 and gentilmen of Mounster, but alsoo in outher countries, begyn- 
 ing to incline to Irish rule and order, at a parliament holdyn at 
 Kilkenny made certen statuts for the comon-Avealth, for the preser- 
 vation of English order ; whych, if they had bene kept, this land had 
 bene obedient to the kyng's lawes hitherto." 
 
Counties of Kilkenny and Wexford^ i]'c. 5 
 
 He subsequently contrasts the way in which laws Avere 
 respected by the Anglo-Irish and by the Gaelic people, mak- 
 ing an allusion highly honourable to the latter : — 
 
 " It is a great abuslon and reproach," be Avrites, " that the laws 
 and statuts made in this lond are not observed ne kept after the 
 making of them eight days ; wliich matter is oone of the distrac- 
 tions of Englishmen of this lond; and divers Irishmen doth observe 
 and kepe suche laws and statuts which they make upon hills in their 
 country firm and stable, without breaking them for any favour or 
 reward." 
 
 Attorney-General Sir John Davys, after having remarked 
 that the practice of the Brehon law was made treason by 
 the Statute of Kilkenny, observes : — 
 
 " But this law (or act) extended to the English only, and not to 
 the Irish ; — for the law is penned in this forme : Item, Forasmuch 
 as the diversitie of government by divers lawes in one land doth 
 make diversity of ligeance, and debates between the people ; It is 
 accorded and established, that hereafter no Englishman have debate 
 with another Englishman but according to the course of the common 
 law : and that no Englishmen be ruled in the definition of their 
 debates by the INIarch law, or the Brehon law, Avhich by reason 
 ought not to be named a law, but an evill custom : but that they be 
 ruled, as right is, by the common law of the land, as the lieges of our 
 sovereign lord the king." 
 
 The celebrated laws enacted in the city of St. Canice, and 
 therefore knoAvn as the Statute of Kilkenny, deserve more 
 lengthened remarks as to their nature and intention than 
 our limits permit. But they bear so thoroughly on the 
 present subject, that they cannot be passed over. Sir John 
 Davys, in his luminous and witty " Discoverie of the true 
 causes why Ireland was never entirely subdued, nor brought 
 under obedience of the Crown of England until the begin- 
 ning of the reign of James L," observes that the Duke of 
 
6 The Presentments of Juries of the 
 
 Clarence, during whose viceroyalty the enactment in ques- 
 tion was passed, was entitled not only to lands in the north 
 and west of Ireland, in right of his wife, the heiress of 
 De Burgh, Earl of Ulster and Lord of Connaught, but also 
 to a large portion of the shire of Kilkenny. It is probable 
 that the feudal tenants of this latter district had thro^vn off 
 their vassalage — just as those in the north and west had re- 
 volted from their allegiance under the Earldom of Ulster 
 and Lordship of Connaught. Sir John Davys, who was At- 
 torney-General to James I., and the theme of whose clever 
 work is to prove that the Irish did not generally attorn 
 to the Crown until the reign of that monarch, declares 
 that the principal service intended by Clarence was " to re- 
 forme the degenerate English colonies, and reduce them to 
 obedience of the Enghsh law and magistrate," and that such 
 was the object of the "famous parliament at Kilkenny, 
 wherein many notable lawes wer enacted, which doo shew 
 and lay open ( for the law doth best discover enormities) how 
 much the English colonies were corrupted at that time; 
 and doe infallibly prove that which is laide dowme before, 
 that they were wholy degenerate, and fain away from their 
 obedience." Among the evils arising from the assumption 
 of independence by the heads of faiuilies that had once been 
 feudatory and subordinate, but were now become clans, not 
 the least was their adoption of the custom of quartering 
 mercenary soldiers, horsemen, galloglasses, and kerne, upon 
 their tenantry, who were thus compelled to maintain a little 
 standing army for defensive and offensive war. As the 
 power of the noble who exercised this custom depended on 
 the number of military his country could mamtain, the 
 right of demanding food and forage for man and horse, 
 known as coig?ie and livery^ was often ruinously exacted. 
 Chief Baron Finglas ascribes the sudden and enormous in- 
 
Counties of Kilkenny and Wexford^ S^'c. 7 
 
 crease of the sway of James, ninth Earl of Desmond, to 
 his adoption of this system of supporting a regular force ; 
 and observes that his example was imitated in the regions 
 under our notice, commenting m the following words, 
 which were -written a few years prior to the Commission 
 of Reform : — 
 
 " The county s of Ivllkenny and Tipperary wore English habit, 
 and kept the Enghsh order and rule, and the king's laws were 
 obeyed there within this fifty one yeres, and there dwelled divers 
 knights, esquires, and gentihnen, who wore the English habit, and 
 kept good order; and the Butlers dwelling in the said two shires ; and 
 they seeing the late demeanors of the aforesaid Erie of Desmond's, 
 and of his conquest, they began the said Coyne and Livery, and 
 used it sithence ; soo as by the same they have put these two shu'es 
 clearly undir their rule, and the king's laws not obeyed, and all the 
 king's subjects be in no better case than the wild Irish." 
 
 It must, however, be recollected that, owing to the un- 
 governed state of the kingdom, each nobleman was obliged 
 to defend his possessions; and that by the custom of Gaelic 
 countries the inhabitants were Hable to maintain troops ne- 
 cessary for their defence. To the unrepressed violence of 
 those times the Baron makes the follomng reference : — 
 
 "The grete Lordes, as well of Mounster as of Leinster, then 
 being in grete wealth, and growing into grete name and authoritie, 
 as John fitz-Thomas, then created Erie of Kildare, James Butler, 
 then created Erie of Ormonde, and Maurice fitz-Thomas, then cre- 
 ated Erie of Desmond, having division among themselves, began to 
 make alterage with Irishmen for ther strength to resist othir ; and 
 disdainid to take punishment of knights being the kyng's justices 
 or deputy es for the tyme ; by reason of which division the Erles of 
 Ormonde and Desmond, by strengthes of Irishmen on both sides, 
 fought togither in battayle in Kyng Henry the Vlth's days ; in 
 whyche battayle all the good men of the towne of Kilkenny, with 
 many othirs, wer slaine." 
 
8 The Presentments of Juries of the 
 
 In the time of Sir Anthony St. Leger, ^vrites Davys, 
 " the three great earles before named did govern their te- 
 nants and followers by the Irish or Brehon la-sv^ ; so as no 
 treason, murther, rape, or theft, committed in those coun- 
 tries, was inquired of or punisht by the law of England." 
 The execution of the King's laws had no greater latitude 
 than the Pale, as is manifest by the Statute of 1522, in 
 which it is recited that they are obeyed in four shires only. 
 And Davys quotes a State Paper dated three years subse- 
 quently, in which the Master of the Rolls advertises the 
 King that his land of Ireland is so much decayed as that 
 his laws are not obeyed mthin a compass of twenty miles 
 round the metropohs. So notorious was the misrule in the 
 province of Munster as to give rise to a proverbial saying 
 that " they dwelt by-west the law who dwelt beyond the 
 river Barrow."^ 
 
 Among the many salutary measures which originated m 
 the labours of the Commission was the appointment of pro- 
 vincial arbitrators, who were authorized to hear and deter- 
 mine controversies.'' This was one step towards supersed- 
 ing the necessity of resorting to the country judges, the 
 Brehons. But it was not for many years afterwards that re- 
 gular itinerant justices went upon circuit. 
 
 It has been well said that a complete history of any fa- ' 
 mily of distinction would be an epitome of the history of 
 their country. In so far as the social condition of the family 
 during the different ages in which the house flourished was 
 described, the progress of civihzation would be illustrated, 
 and such a history Avould thus contain far more than is 
 comprehended in ordinary annals. In this view, the en- 
 suing records and remarks respecting the clan Mac Gilla- 
 
 ' Davis's " Discoverie," 12mo, 1747, p. 237- ''Ibid, p. 243. 
 
Counties of Kilkenny and We.rford, (^'C. 9 
 
 patrick Avill serve to throw light on the state of the Gaelic 
 people of Leinster at the period under consideration. 
 
 Of all human institutions those laws and customs by 
 which the possession and transmission of property and 
 power are regulated exercise the greatest influence in pro- 
 ducing the peculiar state of a country. The prunitive 
 customs of the Gaelic race in these respects are such as 
 once prevailed throughout the habitable globe, and are as 
 simple as they were universal. Originally, all the men 
 of a tribe descended from a common patriarch o^vned 
 their country in common, as a clann^ or kindred childi'en ; 
 and their chieftain, or representative of their principal an- 
 cestor, was elective. Their chosen Head (and such is 
 the literal interpretation of the Gaelic Ceann and the Gaulic 
 Chef) was their governor m peace and leader in war. But 
 he possessed no territorial rights, beyond a life interest in 
 certain tributes and demesnes provided for his support. 
 Nor had his sons any especial right to inherit either chief- 
 taincy or land ; for, by the law of gavelkind, succession to 
 land was an equal and commonable right to all the kins- 
 men of the deceased ; and, by the law of tanistry, a succes- 
 sor-elect, or tanist, was nominated by popular election 
 during the life of the reigning chief, to be ready to succeed 
 on his death; and the choice of the clansmen generally fell 
 on one of their body who was older and more fit to govern 
 than any son of their present head. These customs are 
 directly contrary to feudal tenure, under which a knight's 
 fee or a barony was held as a retaining fee from the mo- 
 narch by the lord to Avhom it was granted, with right of 
 hereditary descent to his primogenitural heirs. The dis- 
 tinction between the respective rights of property of baron 
 and chief is marked in the appellations by which their resi- 
 dences are designated. While the principal castle of the 
 
10 The Presentments of Juries of the 
 
 former, who owned in subjection to the Crown, is termed 
 caput baronice, or head of the iief held by homage^ harun, or 
 man-service, — we find the mansion of the elected governor 
 of a clan called "the common house" — a name implying 
 that it was deemed to be public property, and as such it 
 was repaired and supported at the common charge. 
 
 After the estabhshment of feudal colonists in Ireland, 
 their juxtaposition with the native race naturally led to in- 
 termarriao;es, and these alliances eno;endered a commixture 
 of language and usages. During the fourteenth and fif- 
 teenth centuries the power of the Crown was so faintly ex- 
 erted, that its vassals in general threw off their subjective 
 tenure, and, adopting the native independence, erected 
 themselves into msubordinate chiefs. Strange as it may at 
 first appear, an opposite tendency manifested itself in the 
 next century among the Milesian chieftains themselves. 
 The causes and motives of these changes are obvious. Pre- 
 vious to the times depicted to the Commissioners of 1537, 
 the great Anglo-Irish Earls palatine, Ormond, Kildare, and 
 Desmond, the Lords De Burgh, Le Poer, and the rest, had 
 strengthened themselves b}^ exercising the authority of 
 patriarchal heads over all of their blood of Butlers, Gerald- 
 ines, Burkes, Powers, &c., and by governing all the GaeKc 
 inhabitants of districts under their sway by customary 
 usages. In order to rule with effect they employed the com- 
 bined force of chieftainship and feudahsm, just as did their 
 compeers, Douglas and Buccleuch, upon the border lands 
 of Scotland. But subsequently to this period, after the 
 ruin of the Leinster Geraldines had proved hoAv unable the 
 proudest earl was to withstand the vigour of the Crown, the 
 imperia in imperio of palatine and chief succumbed to the 
 growing authority of law and government, and many heads of 
 clans, a class that had frequently endeavoured to assimilate 
 
Counties of Kilkenny and Wexford^ ^^c. 1 1 
 
 their rights to those of the feudal nobihty, longed hope- 
 fully for the total abohtion of customs which left them but 
 a precarious interest, and eagerly embraced a system which 
 made them actual o-svners of territory, Tvith vested rights of 
 inheritance in their posterity. A sunilar change had gra- 
 dually been brought about in the Highlands of Scotland, 
 and in Wales ; but was more strenuously resisted in Ire- 
 land, and for a longer period, by the men of each clan ; 
 for they were ob^dously unwilling to relinquish those rights 
 and prospects, either of property or of succession to power, 
 which accrued to them under their ancient Brehon laws 
 of gavelkind and tanistry. The nature of these laws 
 and their historical effects are so well explained in Moore's 
 History of Ireland, that it is unnecessary to do more than 
 briefly advert to the results which are exhibited in the 
 ensuing interesting representations of the state of the 
 south-east of Ireland in the middle of the sixteenth century. 
 Under the custom of tanistry, a successor-elect, or tanist, to 
 the chieftainship was chosen on the accession of the reigning 
 d}aiast, and at the same time invested with certain martial 
 and governing powers. The tanist was therefore a rival to 
 the ruhng chieftain, at whose death he was to succeed ; and 
 he found rivals in each of the sons of that chieftain as they 
 grew to manhood and became eligible to be elected to his 
 station in case of his death, when the claim of one of them 
 would be supported by their father, who would be anxious 
 to be succeeded by his son. Under the custom of gavelkind 
 no one had a permanent and hereditary interest in the soil, 
 because the possession of the land assigned to each sept or 
 subordinate branch of the clan w^as liable to be disturbed 
 by new clauns on the increase of the clans-men, as the 
 junior members arrived at man's estate, when the entire 
 country was subject to repartition at the discretion of the 
 
12 The Presentments of Juries of the 
 
 chief. Owing to this custom, and perhaps in some measure 
 to the intestine feuds it eno-endered, the buildino-s of the 
 country were of an unstable and insufficient description ; 
 for no one would build on an uncertain possession, or 
 where his children might not inherit. The power of the 
 leader of a clan depended on the number of men he could 
 bring into the field. He naturally relied upon the attach- 
 ment and prowess of his immediate relatives, and especially 
 on the number, affection, and valour of his sons ; he was 
 therefore tempted to make frequent re-allotments of the clan- 
 country, and to award the more valuable portions to mem- 
 bers of his o^vn family. Accordingly, Lord Chancellor 
 Cusack, writing at this time, observes that any lord of a 
 country who had numerous sons was apt to " extort " from 
 the inferior owners, and " pluck their lands from them by 
 cavillations, to the intent that every of his childi'en shall have 
 lands and possessions ; whereas," as the Chancellor remarks, 
 "if their lands descended to none but one, ther should be 
 no such abuse used." '^ After the death of their father, the 
 sons of the late ruler were often subjected to a complete re- 
 verse of fortune ; more especially if they were inimical to his 
 successor. In the words of another State Paper of the time, 
 "the children never enherited the landes, but after the 
 deceas of their faders, their children remaynid in mysery, 
 and a tanyst succeeded."^ If they proved obnoxious to the 
 new chief they fell into a sort of outla^vry, in Avliich they had 
 no means of sustaining life but depredation. The predatory 
 conduct of the times may therefore be ascribed to those 
 laws which left the sons even of great and haughty chieftains 
 in uncertain dependence. And when the young houseless 
 
 a State Papers, vol. iii., p. 326, ^ State Papers, vol.. iii., p. 348, 
 
 anno 1541. anno 1541. 
 
Counties of Kilkenny and We.rford, ^'C. 13 
 
 band of swordsmen, proud of their descent, and warlike in 
 their habits, found they were precluded from li\dng industri- 
 ously and peacefully on lands which might remain to them 
 and then* descendants, they saw — 
 
 " The world was not their friend, nor the world's law," 
 
 and it is no marvel if they turned freebooters, or sought 
 to exist by desperate incursions into countries cultivated 
 by the Anglo-Norman under securer laws. But whatever 
 may have been the cause of incessant raids and plunderings 
 during mediaeval ages, the effect was to keep up intermi- 
 nable hostility between the dwellers in the plains and the 
 inhabitants of the hills. The marauders found shelter in 
 the various fastnesses of their clansmen's territory; in moun- 
 tain glens, thick woods, impassable morasses, and lake-sur- 
 rounded islands ; and it was hardly possible even for the 
 chief of their name to do more than di'ive them for a time 
 from such retreats. 
 
 The Crown of England, instead of undertaldng the sub- 
 jugation of Ireland with the full force of its power and au- 
 thority, as had been done in North Wales by Edward the 
 First, and, indeed, was, on two occasions, magnificently be- 
 gun, but weakly carried forward, by Richard the Second, 
 sometimes encouraged private enterprises for the conquest 
 of particular districts, and thus gave royal license to private 
 war. Without attempting to discuss the question whether 
 the Cro^vn, m treating the Gaelic race as inveterate and 
 aggressive enemies to its Irish colonies, and considering aU 
 acts of retaUation as allowable, acted mistakenly, we may 
 introduce a noticeable case in point. There was an an- 
 cient feud between the Mac Gillapatricks of Upper Ossory 
 and the Butlers. When Sir Piers Butler, known as " Red 
 Piers," was Lord Deputy in the year 1522, the hostile and 
 
14 The Presentments of Juries of the 
 
 independent chief of" the clan Mac Gillapatrick sent an ex- 
 press messenger to London to complain of the Viceroy to 
 Henry the Eighth ; which messenger, taking an opportunity 
 of meeting the King in going to chapel, is said to have de- 
 livered his embassy in these words : — "Sta pedibus, Domine 
 Rex ! Dominus mens Gillapatricius me misit adte, et jussit 
 dicere, quod si non vis castigare Petrum Rufum, ipse faciet 
 bellum contra te" ! This laconic ultimatum and minatory 
 declaration of war, delivered — 
 
 " With wild, majestic port and tone, 
 Like envoy of some barbarous throne" — 
 
 may have led to the remarkable grant made five j^ears sub- 
 sequently to Sir Piers, three days after he was created Earl 
 of Ossory. Sir Piers laid claim to the title of Earl of Or- 
 mond, which was afterwards granted to him ; and he was at 
 the time in rightful possession of the Irish estates of the 
 earldom. His selection for the present of the title of Earl 
 of Ossory seems to have been for the purposes of confirming 
 to him the districts both of Lower Ossory, already under 
 his rule, and Upper Ossory, inhabited by the Mac Gillapa- 
 tricks, and of creating the entire into a county. He was 
 granted "all and all manner of lands, castles, tenements, 
 meadows, pastures, woods, and domains, with all their ap- 
 purtenances, which he or his heirs male can conquer, ac- 
 quire, or recover in the whole lordship or county of Ossorie, 
 and in every parcel thereof, now being in the possession of 
 Irishmen, in which the King or any of his faithful subjects 
 has not possession or interest." ^ By the same grant he also 
 received authority to make war as well against a feudal peer 
 of his own rank, one of "the King's rebels," as against one of 
 "the King's enemies;" for, having " promised to endeavour to 
 
 » Calendar of Pat. Rolls, Henry VIII., p. 2. 
 
Counties of Kilkenny and Wexford, ^'C. 15 
 
 recover the King's castle and lordship of Dungarvan," then 
 held usurped by the Earl of Desmond, he was appointed to be 
 governor thereof whenever he should succeed in recovering 
 them. The projected conquest of the land belonging to the 
 clan Mac Gillapatrick did not succeed. But the apprehen- 
 sions it awakened may have led, with other sufficient reasons, 
 to the remarkable and permanent change which followed. 
 The Four Masters record at the year 1532, that — " Thomas, 
 the son of Pierce Roe, Earl of Ormond, was slain m Ossory 
 by Dermot Mac Gillapatrick, luho was heir to the lordship of 
 Ossory." The annalists continue to say that — "Not long after 
 this, Dermot was delivered up by his own brother (the Mac 
 Gillapatrick) to the Earl, by whom he was fettered in revenge 
 of his son and of every other misdeed which he, Dermot, had 
 committed against him up to that time." Further on we 
 read, anno 1546 : — "Mac Gillapatrick (Brian) took prisoner 
 his OTSTi son, Teige, a distinguished captain, and sent him to 
 Dublin with a statement of his crimes written along with 
 him ; and the Enghsh of Dublin put him to death at the 
 request of his father." This Brian, a chief who braved the 
 resentment of his clans-men by delivering up to their power- 
 ful enemy the very man they had chosen as tanist to succeed 
 himself — and who subsequently sent even one of his o^mi 
 sons to be put to death by the law — was son of that haughty 
 Mac Gillapatrick by whom the majesty of England had 
 once been threatened ! But, in showing this alteration of 
 conduct we have anticipated events. Such a difference of 
 disposition between son and father could only have been 
 produced by a change of condition ; and this was that the 
 young ruler had determined to adopt the firm and here- 
 ditary rights of a feudal baron instead of the precarious 
 state of an elected chieftam, and that his wish had been 
 gladly seconded by the Cro^\Ti. Sir Anthony St. Leger, one 
 
16 The Presentments of Juries of the 
 
 of the Commissioners anno 1537, and subsequently Viceroj^, 
 was inimical to the Earl of Ossory — laying claim, indeed, 
 to the Butler estates in right of a late Earl of Ormond's 
 coheiress, who married Sir James St. Leger. He appears to 
 have brought the chieftain of Upper Ossory forward, as a 
 means of lessening the potency of Lord Ossory. He ^\Tites 
 to the King, in 1541, before the assembling of Parliament, 
 to which, with wise and salutary policy, it was intended to 
 summon as peers some great chiefs of Irish as well as of 
 Anglo-Irish race : — 
 
 "Ther is also one M'Gillapatrike, who is lorde of a faire 
 contrey called Upper Ossrie, that, at my firsts being here your 
 Highnes Commissioner^ becam your Higlines subjecte, and to take 
 his lande of your Highnes, to him and his heyers, and to be made 
 lorde of your Parliament ; and ever sythe his said submission hathe 
 contynewed your trew and faythfull subjecte, as far as I can hear. 
 Howbeit, he hath not yet your gratius letters patentes for the 
 same. He hathe most instantly desyred me to move eftsones your 
 Majestic therein, so that he moughte be at your next parliament 
 here. His sonne hathe bene, this year and more, in your Inglisshe 
 pale, and is well brought up, and speaketh good Inglisshe. If it 
 may please your Majestic also to geve parliamente robes to the said 
 M'Gillapatricke, I thinke your Highnes shall well bestow them. 
 Thus I alwaise move your Majestic to geve. I moste humbly be- 
 seche you of pardon, for I verely truste that your Highnes shall 
 winne more obedience with these small giftes, then perchance hathe 
 been wonne before this tyme with £10,000 spente."^ 
 
 ° This recommendation of making intelligible and grateful. Agreeably 
 
 slight presents was in accordance to another national usage, the liege 
 
 with the usage of the ancient Mile- and submissive chieftain, Mac Gilla- 
 
 sian kings of making gifts of horses, patrick, soon afterwards placed his 
 
 raiment, &c., called biengs, to their son in his sovereign's hands as a hos- 
 
 subordinate chiefs or urriaghs; con- tage. The young Irishman was sent 
 
 sequently, the observance of this ho- over as a pledge of peace, not as an 
 
 nouring custom would be especially envoy of defiance, to the Court in 
 
Counties of Kilkenny and Wexford, t^'C. 1 7 
 
 Following after Sir Anthony's letter are printed " Cer- 
 ten articles and conditions which ]\Iac Gilpatrike did pro- 
 messe duely to observe and performe at suchc tyme as he 
 made his submyssion to the kinge's Majestie."^ These curious 
 covenants accurately demonstrate the changes necessary 
 to metamorphose a chief and his sept into a feudal lord 
 and tenants. By the first, it mil be observed, he re- 
 nounces the use of his native title of dignity as " the Mac 
 Gillapatrick ;" and, by the last, undertakes to hold such land 
 as the King gives him (under the second article) as a re- 
 gular tenant of the crown, by knight's service. He engages 
 by the third that he and his heirs will take care that such 
 of the estate as may be fit for cultivation shall be tilled, and 
 that houses shall be built for husbandmen. By the fourth 
 his tenants are not to be liable to the extraordinary taxes 
 and exactions ordinarily levied by chieftains ; and more 
 than a certain standing force of armed men is not to be 
 maintained. Fifthly, the King's laws and writs are to be 
 obeyed. The covenant runs as follows : — 
 
 " I. FIrste, the said Mac Gilpatrike doth utterly forsake and 
 refuse the name of Mac Gilpatrike, and all claymes which he might 
 pretende by the same ; and promyseth to name himself, for ever 
 
 London, where, as Barnaby Fitzpa- him written by Horace Walpole : — 
 
 trick, he became the playmate and " These are a few notices of a man 
 
 bosom friend of the young student who made so great a figure by his 
 
 King, Edward the Sixth. He distin- merit, after he had missed making 
 
 guished himself on several occasions a more showy one by favor." 
 
 by his valour, and, on the death " Lodge states that he made his 
 
 of his royal patron, having himself submission to the King's Commis- 
 
 succeeded to his father's title of Lord sioners for the Settlement of the 
 
 Upper-Ossory, returned to his na- Kingdom, 8th October, 1537; and 
 
 live country, where he performed that they indentured with him that 
 
 many loyal and important services, he should be Baron of Cowchil or 
 
 In the words of the memoir of Castleton. 
 
18 The Presentments of Juries of the 
 
 hereafter, by suche name as it shall please the Kmge's Majestie to 
 gyve unto him. 
 
 " II. Item, the said Mac Gilpatrike, his heires and assignes, 
 and everie other the inhabiters of suche landes as it shall please the 
 Kingc's Majestie to gyve unto him, shall use the Englishe habites 
 and maner, and to their knowledge, the Inglish language ; and they, 
 and every of them, shall, to their power, bring uppe their children 
 after the Englishe maner, and the use of the Englishe tonge. 
 
 " III. Item, the said Mac Gilpatrike, his heiers and assignes, 
 shall kepe and put such of the said lands as shall be meet for tillage, 
 in manurance and tillage of howsbandry, and cawse howses to be 
 made and buy It for such persons, as shall be necessary for the manu- 
 rance thereof, within such time as he conveniently may. 
 
 " IV. Item, the said Mac Gilpatrike, his heirs and assigns, nor 
 any of them, shall take, put, or cesse, or cause to be taken, put, or 
 cessed, any maner imposicion or charge upon the King's subjects, 
 inhabitars of the said lands, other than theu* yearly rent or custom, 
 but such as the [Lord] Deputie shall be content withall ; and that 
 they, ne none of them, shall have any galloglas or kei*ne, but such, 
 so many, and after such manner, sort, and tyme, as shall stand with 
 the contentation of the said Deputie and Counsaill. 
 
 " V. Item, that the said Mac Gilpatrike, his heirs and assigns, and 
 every of them shall be obedient to the King's Majesty's laws, and 
 answer to His Highness writtes, precepts, and commandments, in 
 Plis Majestie's castell of Dublin, or in any other place where his 
 Courtes shall be kept, and His Grace's laws ministered ; and do 
 what in them is, to cause all the inhabitants of the same to do the 
 semblable, or els they shall bring them, if they may, to justice. 
 
 " VI. Item, the said Mac Gilpatrike, his heirs and assigns, and 
 every of them, for the tyme being, shall answer and go with the 
 Kinges Lieutenant or Deputie to all such hostings, roodes, and jor- 
 neys, whereunto they shall be warned and assigned ; and that, after 
 suche maner, and Avith such number of company as the marchers of 
 the Countie of Dublin do. 
 
 " VII. Item, that the said Mac Gilpatrike, his heirs and as- 
 signs, nc any of them, shall maintain or succour, receive or take to 
 sojourn, any of the King's enemies, rebells, or traytors. • 
 
Counties of Kilkenny and We.rford, Sj'C. 19 
 
 " VIII. Item, the said Mac Gilpatrike shall hold his landes by 
 one whole knight's fee." 
 
 The original document is signed by the chief himself, 
 who, beino; unable to write, affixed his mark. He was the 
 first of Gaelic race elevated to the peerage of Ireland ; for, in 
 four months after the date of the viceroy's recommendatory 
 letter, he was created a baron by patent, and he sat in the 
 Parliament of 1541 as Lord Upper-Ossory. 
 
 To revert to the presentments. Our space will not permit 
 more than a brief notice of the Brehon law, by which a large 
 portion of the presented districts was governed. 
 
 Edward Spenser, as Irenaeus, in his " View of the State 
 of Ireland," describes the Brehon Law as — 
 
 " A rule of right un^vritten, but delivered by tradition from 
 one to another, in which oftentimes there appeareth great shew of 
 equity, in determining the right betweene party and party, but in 
 many things repugning quite both to God's Law and man's : as for 
 example in the case of murder, the Brehon, that is their judge, 
 will compound betweene the murderer, and the friends of the party 
 murdered which prosecute the action, that the malefactor shall give 
 unto them, or to the child, or wife of him that is slain, a recompence, 
 which they call an Eriach. By which vilde law of theirs, many mur- 
 ders amongst them are made up and smothered. And this ludge 
 being as he is called the Lord's Brehon, adjudgeth for the most 
 part a better share unto his Lord, that is the Lord of the soyle, or the 
 head of that Sept, and also unto himselfe for his judgment a greater 
 portion than unto the plaintiifes or parties grieved. 
 
 " Eudox. This is a most wicked law indeed : but I trust it is 
 not now used in Ireland, since the kings of England have had the 
 absolute dominion thereof, and established their own Lawes there. 
 
 *' Iren. Yes truly, for there be many wide countries in Ireland 
 which the lawes of England were never established in, nor any ac- 
 knowledgment of subjection made, and also even in those which are 
 subdued, and seem to acknowledge subjection, yet the same Brehon 
 law is practised among themselues, by reason, that dwelling as they 
 
 C 2 
 
20 The Presentments of Juries of the 
 
 doe, whole nations and septs of the Irish together, without any Eng- 
 lishman amongst them, they may doe what they list, and compound or 
 altogether conceale amongst themselves their owne crimes, of which 
 no notice can be had, by them which and might amend the same, by 
 the rule of the Lawes of England" (Dublin, 1633, p. 4). 
 
 It is evident from the presentments that extreme con- 
 fusion was occasioned by the uncertainty how questions as 
 to succession to property and power were to be decided : 
 — whether by the feudal law of descent and regular courts 
 of judicature, or by the rules of the native judges. In 
 the to^\Tis " the king's laws" usually prevailed ; but, out 
 of them, " the country laws" were almost exclusively ob- 
 served. It would seem that the crown judges had ceased 
 to hold assizes in some bordering districts for many years 
 prior to these disorganized times. The palatinate juris- 
 dictions of the Earls of Ormond in Tipperary, the Earls 
 of Kildare in Kildare, and the Earls of Shrewsbury in 
 Wexford, gave arbitrary and enormous authority to those 
 noblemen ; superadded to which, as has been already noticed, 
 the heads of the houses of Butler and Geraldine governed 
 their vast estates by combining the powers of feudality 
 and clanship, the systems by which respectively the Norman 
 and Gaelic races were ruled. Many inferior Anglo-Irish 
 lords were in a hybrid state — half chiefs, half barons. They 
 exercised the option of enforcing either Statute or Brehon 
 law, according as either was most beneficial to themselves.^ 
 By the latter an amercement or mulct was due for every 
 offence ; and, in certain cases, was payable to the chief. 
 Such penalties were called cain!' in cases of theft and other 
 
 * Summary of the Presentments. Daire, or penal law of Daire, was 
 
 — State Papers, vol. ii., p. 512. intended to secure the repression of 
 
 "^ A caz'« was a fine payable under the offence of killing cows. The 
 
 penal laws, directed to repress par- Brehon Laws afford many similar 
 
 ticular injuries : thus, the cain of examples. 
 
Counties of Kilkenny and Wexford^ S^"c. 21 
 
 light injuries, and eric in case of manslaughter. They were 
 high in proportion to the substance of the offender, and 
 quality of the sufferer. According to the Waterford pre- 
 sentment, the Brehon, who was aj^pointed by the lord, took 
 pajanent for his judgment from both plauitiff and defendant. 
 The well-known comments of our philosophic and impartial 
 historian, Dr. Leland, on the Brehon Code, point out the 
 leniency and refined justice of that law. It may be believed 
 that the national law was administered without change or 
 abuse in regions where patriarchal heads of ancient clans 
 exercised undisputed sway over a people who were of their 
 OAvn name and kindred. But the authority of a Brehon 
 jurisconsult under a feudal nobleman must have been con- 
 fused in character ; especially Avherever there was an ad- 
 mixture of races and usages. To live under the protection 
 of some neighbouring potentate was, nevertheless, so desira- 
 ble, that the inferior Milesian septs sometimes voluntarily 
 bound themselves to homage and service ; thus the O'Bre- 
 nans of Idough ranged themselves in the preceding century 
 under the banner of the Earls of Ormond ; and, in so doing, 
 agTced to certain payments which are illustrative of this 
 portion of our theme, consenting to pay double penalties, 
 called " ard-heyn^' i. e. high fines, in case any of them com- 
 mitted transgressions on the Earl's tenants.* 
 
 Gaelic customs were in full force in Wexfordshire, in 
 those parts of the county which lie nearest the mountains. 
 It was in Shelburne that "paines and canes" were levied by 
 Lord Ormond, and in the Fasagh^ or wold, of Bantry that 
 his son " occupied brehon law." The State Papers of 
 this period have several recriminative complaints between 
 the noble Earl and the Seneschal of Wexford: — the former 
 
 • Carte's Life of the Duke of Or- actions of the Kilkenny Arcbajo- 
 niond, vol. i., p. Ixxiii. ; and Trans- logical Society, vol. i., p. 238. 
 
22 The Presentments of Juries of the 
 
 writes, 16th July, 1538," that the servants, and kerne of 
 William St. Loo, the seneschal, did spend his tenants and 
 farmers in the barony of Dunbrothy, and elsewhere in the 
 county of Wexford, and took of them beeves, and divers 
 other exactions ; which was a mean to make all that quarter 
 waste, whereof Irishmen would be right glad. The senes- 
 chal, on his side, describes, in a letter to Lord Cromwell, the 
 st^te of the barony of Bantry, — a district lately in the pos- 
 session of the rebellious Geraldines, — as adjacent to Lord 
 Kildare's castle of Old Ross, but now leased to a younger 
 son of the loyal Ormond : — 
 
 " Also, right honourable good lord, it is unknowen to your 
 lordship how the countie of Wexford is cituated, bordering on the 
 Kavenaghs, wiche dayle bume, spoyle, and distroy the said countrey, 
 so that within this thre days they have wastyd a manor or lordsliip 
 of the King's, named the Karyck [Ferry-Carrig] coming thorough 
 Master Richard Butler is lands, lett to farm by the kings highnes 
 commissioners, as Mr. St. Leger and others — called the Fasagli of 
 Bantre, parsell of the coyntee of Wexford, where enhabiteth Ka- 
 venaghes Irish judges, otherwise Brewys, Rymers, wiche are suifred 
 be the pretense they manure the king's lands under Mr. Rychard; 
 dayle victuayling such enimyes as bm'ne and robbe the saide coun- 
 trey, the king's servants and subjects. Yea allso in the sayd Fas- 
 sagh they divide the pore men's goods ; and I dare not folow the 
 search onless I have sufficient power to matche the pretensyd 
 tenants as well as the manifest Irish enemyes. Yea allso, my good 
 lord, by colour of tenantshipp and pensions to my Lady of Ormond 
 and others, unneth one obedient to the king's lawes from Arclo to 
 Kylklogan,'' in distans xxx myles or thereabowtes."* 
 
 We cannot wonder that, while and wherever the laws 
 were thus conflicting and abnormal, the social state of the 
 
 ^ State Papers, vol. iii., part iii., " pyle," or tall square castle, of the 
 
 p. 48. fifteenth century still exists here. 
 
 •" Kilclcgan, a preceptory of "= Letter to the Secretary of State, 
 
 Knight's Hospitallers near Hook. A dated Roscarlon, 21st April, 1538. 
 
Counties of Kilkenny and Weccford^ ^'C. 23 
 
 country was disordered. This evihvas aggi'avated by contests 
 between the leaders of the Gaelic and Teutonic races on all 
 the frontiers. Each chieftain of a clan saw in the rich lands 
 of neighbouring knights and barons those fertile plains 
 which bard and brehon assured him were the heritage of the 
 Gael. It must be remembered that these were tunes when, 
 in the words of a Scottish poet, — 
 
 " Tooming fiiulds, or sweeping of a glen, 
 Had stih been held the deed of gallant men:" — 
 
 and when it might have been asked, in the fierce rejoinder 
 of Roderick the Black : — 
 
 " Where live the mountain chiefs who hold 
 That plundering Lowland field and fold 
 Is ought but retribution due ? " 
 
 If such malcontent neighbours of the Sassenach did not lead 
 forays themselves, they were, like Fergus M'lvor, not ill- 
 pleased when any Donald Bean Lean of their woods lifted 
 a few kine. 
 
 Cattle steahng, however, was not the monopoly of any 
 one race, for it appears by the surnames of several rob- 
 bers named in the verdicts that some of Teutonic blood had 
 turned plunderers. Again, whatever jealousy of the usur- 
 pation of broad champaigns in Leinster may have been felt 
 by clansmen under Mac Murrogh and Mac Gillapatrick, it 
 is evident that the passion was shared by the Englishry, 
 in their declarations that the territory romid Enniscorthy 
 had at one time been " freeholders' land," and that the re- 
 moter regions around Arklow andCarnew formerly belonged 
 to the Crown, to which the colonists plainly looked with 
 eagerness for aid to recover possession of these coveted lands 
 from the descendants of men from whom their o"\vn fore- 
 fathers had once wrested them. 
 
24 The Presentments of Juries of the 
 
 The marked distinction between regions within the 
 county of Wexford which continued under Irish rule, and 
 the district designated "the EngHsh Pale" of the shire, 
 the incessant plundering warfare carried on between those 
 hostile territories, and the gradual ousting of the descend- 
 ants of the Strongbonian invaders from remoter possessions, 
 are remarkably evidenced in the following- instance. In 
 the year 1552 a petition was presented to the Lord Deputy 
 by Robert Roche, of Artramont, Lord of Rochesland, setting 
 forth that his ancestors had been possessed of a house and 
 three ploughlands in the parish of Rathalvey,^ in Farren- 
 gynellagh,'' or barony of Sue, and complaining that Morier- 
 tagh leigh O'MorroWe," and others, had entered thereon 
 with force, and kept those lands " contrary to right and 
 conscience." The determination of the matter was referred 
 by the Viceroy and Council to Mr. Isham, then seneschal 
 of the county, Mr. Barnewall, resident justiciary of the 
 shire, and Captain Gabriel Blike. This tribunal summoned 
 the defendants to appear, but they made default. Robert 
 Roche then exhibited several ancient deeds, some in French 
 
 ' Sir Henry Wallop held in right rows." Murtogh O'IMorghowe had 
 
 of Selsker Priory the churches and a charter, 1 Edw. IV., to entitle him 
 
 rectories of Castlesue, Rathaile, and and his issue to use English law in 
 
 KUlusk — Rot. Pat. No. 7, Jac. I. all things. His clan, however, kept 
 
 Rahale is a townland three miles their ancient customs, and we find 
 
 north of Artramont. their chiefs retaining armed sol- 
 
 ^ The Gaelic name of the barony diers down to sixteenth century, 
 
 of Sue (the caput baronice of which Donnell More, of Tubberlumnagh, 
 
 was Castle-Soo), now the barony of was " the O'Morchua" in the middle 
 
 Shelmalier West. of that century. — [Funeral Entries, 
 
 "= Probably the chief of the clan Ulster's Office, 1634.] The other 
 
 O'Morchoe, now Murphy, which in- principal residences of the clan were 
 
 habited the country north of, and Oulartleigh, Jamestown, Ballinroan, 
 
 bordering on, Roche's and Synott's and Ballindarragh, all in the county 
 
 lands, and still called "the Mur- of Wexford. 
 
Counties of Kilkenny and We.rford, (^x. 25 
 
 and some in Latin, bearing date in Edward the Third's days, 
 by which it was proved that the two ploughlands and a 
 half'inRathalvey had been " the rightful inheritance of Wil- 
 liam Fitz-Eustace and Gydoo Roche, whose heir the said 
 Robert did affirm himself to be." It was also " manifestly 
 proved by honest witnesses that his father, John Roche, re- 
 tained during his life the yearly rents of money, sheep, butter, 
 and other things of the tenants and dAvellers in Rathalvey; 
 and that whenever any goods were taken from the tenants of 
 the said town hy the Inglishe Pale of the county of Wex- 
 ford, being in ivars icith the Morroices, the said John Roche 
 caused the same to be restored. And that the said lands had 
 been ahvujs free fro7n 0'3Iorrowe^s galloglasses, and other 
 charges.'* And that the said John died seized of the same." 
 It was decreed, thereupon, that Robert Roche, his heirs and 
 assigns, should hold the premises as fuUy as the said an- 
 cient deeds did limit and bind the same, free from any dis- 
 turbance from the defendants until they recovered the same 
 by law.^ 
 
 The river, which rises in the valley on the west side 
 of the Forth mountain, passes by the to^vn of Taghmon, 
 and enters the sea near Bannow, hence taking its name 
 from that ancient to^^^l, was at one time considered the 
 boundary between the English and Irish baronies of the 
 county. By patent, dated Waterford, 22nd November, 
 10 Henry IV., the office of custodier and bailiff of the 
 water between the towns of Ross and Wexford was granted 
 
 ' That is, free from having the due by tenantry under a chief- 
 
 galloglasses, or armed soldiers hired taincy. 
 
 by O'Morchoe as police, and for *• From a copy of the enrolment 
 
 the defence of his country, quar- entered in MS. No. 75, p. 194, Bib- 
 
 tered upon its tenants ; and free liotheca Egerton., British Mu- 
 
 also from other charges which were seum. 
 
26 The Presentments of Juries of the 
 
 to John [ ], to be held during his life.* In 
 
 the reign of Henry the Sixth an Act of Parliament was 
 passed " for building towers uppon ye water or river of 
 Tamon ;"^ and another enactment was made in the thirty- 
 second year of the same reign (1453): "That none shall 
 breake the fortifications or strength of the water of Thamon 
 in the county of Wexford ; nor shall make no waies on the 
 same water from the wood of Bannow to the pille adjoining 
 to the river of Slane ; saving soe much waies as shall be 
 made by the commandment and view of the Bishop and 
 Deane of Ferns, the Seneschall of the Libertie, and Sherrif 
 of the Crosse in the same countye, or anye three of them." 
 In 1463 (3 Edward lY.), an order was made by Parlia- 
 ment " for building a castle at Coule upon ye frontiers of 
 Shirebyrne." Owing to the circumstance that the tide flows 
 up the Bannow river for some miles, the lower portion was 
 formerly termed a pill; a term derived from the opposite 
 shores of the Bristol Channel, where it designates numerous 
 tidal inlets. Under this name it is alluded to by Stanihurst 
 as marking the boundary of the district in which the Gaelic 
 language was not spoken. After -writing of the district called 
 Fingal, in the metropolitan county, he continues : — " But 
 of all other places, Weisford, with the territorie baled and 
 perclosed within the river called the PHI was so quite es- 
 tranged from Irishrie, as if a traveller of the Irish (which was 
 rare in those dales) had pitclit his foot within the Pill and 
 spoken Irish, the Weisfordians would command him forth- 
 with to turne the other end of his toong and speake English, 
 or els bring his trouchman with him." This river boundary 
 is also noticed in Dymmok's "Treatice of Ireland," recently 
 
 * Calendar. Rotulor. Pat., etClaus., " Eatified by Act, 7 Edw. IV 
 
 paae 189. Addit. MSS. 48"m T---'' ' ^*-«euin. 
 
Counties of Kilkenny and Wexford^ &fc. 27 
 
 printed by the Irish Ai'cha3ological Society. • As the writer 
 of that Treatise condensed it from a " Description of the Pro- 
 vinces of Ireland," in the CarcAV MS., No. 635, it wiU be pre- 
 ferable to give an extract from the original, which appears 
 to have been written soon after the year 1578, Avhen a 
 commission was appointed to form into two shires. Ferns 
 and Wicklow, the extensive and for the most part wooded 
 and moimtainous territories surroundino; the to^wns bearinir 
 these names : — 
 
 " The countie of Wexford was the first countrey where the 
 English set footinge and conquered ; as hath bene sene before. This 
 shyre is the largest of any one in that contrie ; and one part thereof 
 still inhabited by the auncyent Irishe ; which was the cause that sir 
 Henrie Sidney and su* WilHam Drury would have made two other 
 newe shires Avithin yt; the north part should have been called Femes, 
 and that to the south nere to Dublin, Wicklow. But finding that 
 there were no sufficient and sure gentlemen to be sherifes, nor 
 freholders to make a jury for her Majestic, yt hath bene let fall. 
 Notwithstanding, yt hath a kind of devise Avithin ytself, for the 
 south part, as the most civil part, is contayned within a river called 
 Pill, where the auncyentest gentlemen, descended of the first con- 
 querors, do inhabite ; the other also, without the river, is inhabited 
 by the originall Irishe and the Cavanaghes, Moroghes, and Kinse- 
 lighes, who possesse the Avooddy part of the country, and yet are 
 daylie more and more scattered by our Engllshe gentlemen, Avho 
 incroche upon them and plant castles and piles Avithin them." 
 
 Among all the evidence these presentments contain 
 of discord in the south-east of Ireland, the details and par- 
 ticulars are the fullest which tell — 
 
 " Of rugged deeds and moonlight foray. 
 Offends obscure, and border ravaging," 
 
 between the tOAvnsmen of Ross and their neighbours, Avhe- 
 ther mountain clansmen or country gentlemen. The feud 
 
28 The Presentments of Juries of the 
 
 between the burgesses and the mountaineers was of early 
 date J and was such as subsisted elsewhere under similar cir- 
 cumstances. The walls of the city of Newcastle in North- 
 umberland are stated to have been erected because a wealthy 
 burgher of that town was, in the reign of King Edward the 
 First, captured in his own house by a party of Scottish 
 moss-troopers, and carried away to the hills.^ And the walls 
 of New Ross are said by the chronicler Stanihurst to have 
 been built in order to guard against any repetition of a sur- 
 prise of this sort. In the legendary account of the matter 
 given by that quaint narrator of the traditions of the 
 Anglo-Irish, he observes that before the town was for- 
 tified it was open to " the enemy ;" and that the inha- 
 bitants were stirred up to enclose it with walls and gates 
 to prevent the recurrence of a shppery trick played on a 
 shopkeeper by an Irish horseman, who, under pretence of 
 cheapening a piece of cloth, had it handed to him on his 
 horse, and then, clapping spurs to his steed, galloped away 
 with the goods. 
 
 Stanihurst gives the honour of defraying the charge of 
 the costly undertaking of surrounding New Ross Avith a wall 
 to a lady described by him as " a chast widow, a politike dame, 
 a bountifuU gentlewoman," — named Rose. If the legend 
 may be credited that one excellent personage, whether 
 female or male, bore the cost of building the town walls of 
 Ross, and if the benefactress was, as it may be believed, no 
 other than that Rose,** who is thrice mentioned in the Close 
 
 * Scott's Essay on Border Anti- nefiting the town, Clyn records, un- 
 
 quities. der the year 1340, that free passage 
 
 *■ This lady was probably the wi- of all vessels was granted by the 
 
 dow of Robert Meyler of Duncor- King to the port of Ross, at the in- 
 
 muck, whose family owned a large stance and by the diligence of Ralph 
 
 portion of New Ross, and were on Meyler. Rose Meyler is mentioned 
 
 more than one occasion active in be- three times in the printed Calendar of 
 
Counties of Kilkenny and Wexford^ S^x. 29 
 
 Rolls of Edward the Third's reign, as the widow of Robert, 
 son and heir of Sir Ralph Meyler, who obtained from that 
 monarch a grant of freedom for the port, then the erection 
 of those fortifications did not take place until the fourteenth 
 century. The first fortifying of the town is ascribed in the 
 well-kno^vn Norman-French ballad'"' to a different cause. 
 According to this ancient and highly interesting poem, the 
 original entrenchment was made as early as the year 1265, 
 having been thro^vn up to guard against \\\q effect of those 
 " deadly wars" noticed by Sir James Ware, as having broken 
 out in the preceding year between the Burghs and Gerald- 
 ines, and which " -wrought bloodsheds and troubles through- 
 out the realm of Ireland." The ancient Annals of Monte- 
 Fernandi notice this war, and those also of New Ross,^ 
 contained in the "Book of Ross," have an entry, at 1266, 
 that Walter De Burgh was conquered in that year, and that 
 
 Patent and Close Rolls. The King's tioned in the Rolls, for she unfortu- 
 
 escheator was directed, upon taking nately broke her oath, and re-mar- 
 
 an oath of Roesia, wife of Robert ried without having obtained license 
 
 Meiler, now deceased, who held from the King, the feudal lord of 
 
 lands of the King in fee, that she her lands. On the 12th July, 33 
 
 would not marry without license, to Edw. III., the escheator was directed 
 
 assign her a reasonable dowry out to release the third part of the ma- 
 
 of the lands of her deceased hus- nors of Duncormuck, Fynnor, and 
 
 band. — [Rot. Claus. 29 & 30 Edw. Lacan ; for that Richard Duk of 
 
 III.] The same rolls contain an en- Waterford, who had espoused Rose, 
 
 try of the dowry assigned to her by widow of Robert Meiler, without 
 
 a jury of thirty-six men, at Ross, on the royal license, had paid a fine to 
 
 the 8th September, 29 Edw. III., out obtain pardon for the transgression, 
 of lands and tenements in English- * Printed in the Archfeologia, 
 
 street in that town, in Montgarret, vol. xxviii., and republished by Mr. 
 
 Clonmines, and Taghmon, in the Crofton Croker, with curious elu- 
 
 Forest near Taghmon, and in Dun- cidatory remarks, and an admirable 
 
 cormuck. The original of this cu- translation by L. E. L., in " The 
 
 rious record gives the names and Popular Songs of Ireland." 
 services of the various tenants of *" Printed with Clyn and Dow- 
 
 these lands. Rose is again men- liner's Annals. 
 
30 The Presentments of Juries of the 
 
 his knights, with many others, were slain." The entrench- 
 ment made at this time was long and deep — it is declared 
 in the ballad that the fosse was a league in leng-th and twenty 
 feet in depth. So extensive a rampart must have been 
 intended to include some land adjoining the to^\ai in the 
 general security. The poet declares that now this work 
 of safeguard is finished all within may sleep securely. He 
 then enlarges on the great store of warlike weapons pos- 
 sessed by the to^vnsmen — many a shining hauberk and 
 ringing coat of mail, with plenty of strong arblasts for cross- 
 bow-men, and of bows which were handled by many a good 
 archer. If the statistics of this antique ballad are to be 
 relied on, the martial force of the town was considerable. 
 Three hundred and sixty-three men bearing cross-bows, 
 twelve hundred archers, and three thousand spearmen, led 
 by one hundred and four gens a cheval, is a large armed 
 array for a to^wn which had not completed its first century. 
 However, as the poem is of unquestionable authenticity, 
 and as the remainder of the author's statistics respecting 
 the number of persons employed in the various trades of 
 the borough has every appearance of veracity, and also 
 as he appeals to a muster-roll in confirmation of the num- 
 bers he gives, this remarkable and elegant specimen of 
 ancient poetry may stand in evidence of the extent of the 
 colonization efiected during the first century of the conquest 
 of Ireland. As the poet declares, the leaders of the toAvnsmen 
 were well armed for battle, but they were, he at the same 
 time assures his hearers, far from desirous of war, and merely 
 wished to guard themselves from maveis gens. No man, he 
 observes, can blame them for enclosing their to^vn — which, 
 he vaticinally boasts, when it shall be completely surrounded 
 by "the wall" (implying it was already so partially) there 
 are no Irish in Ireland so bold as to dare to assail. 
 
Coimties of Kilkenny and Wexford^ 6^'c. 31 
 
 Much of the disorder of the times was occasioned by the 
 existence of separate jurisdictions: — thus, while offences 
 committed "wdthin guild towns and their lands, and through- 
 out estates o^^^led by the clergy, Avere cognizable by the 
 King's officers — those which occurred Avithin the franchise 
 or " liberty" of a lord palatine were under his sole juris- 
 diction. Offenders could not be legally pursued by the 
 officers of one district into another. This difficulty was 
 sought to be remedied by the Statute of Kilkenny, in which 
 it is recited that " divers people commit robberies and felo- 
 nies in franchises, and fly with their goods into guildable 
 lands, so that the officers of the franchises are unable to exe- 
 cute their office there ; and in hke manner divers who 
 commit robberies in guildable lands fly with their goods 
 into franchises, so that the officers of our lord the King can- 
 not take the felons with their goods, but they are there with 
 their goods received." A dispute arising from this cause 
 was probably the origin of that foray mentioned in the 
 verdict, when the seneschal of the Liberty of Wexford car- 
 ried off a mighty prey of cattle from the burgesses of Ross. 
 Edmund Spenser, in his " View of the State of Ireland," 
 notices a common custom under which a creditor, havino; 
 first demanded his debt, on failing to be paid, "would straight 
 go and take a distress of the debtor's goods and cattle, 
 wherever he could find them, to the value, Avliich he would 
 keep till he were satisfied." He also observes that the char- 
 ters of most corporate toAvns contained a clause empower- 
 ing any toAvnsman " by himself, without an officer (for that 
 were more tolerable) for any debt, to distrain the goods of 
 any Irish, being found within their liberty, or but passing 
 through their toA\Tis. And the first permission of this was, 
 for that in those times, when that grant was made, the Irish 
 were not amenable to the law ; so as it was not safety for 
 
32 The Presentments of Juries of the 
 
 the townsman to go to him forth to demand his debt, nor 
 possible to draw him into law ; so that he had leave to be 
 his o^vn bailiff to arrest his said debtor's goods within his 
 own franchise. The which the Irish seeing, thought it as 
 lawful for them to distrain the to^vnsman's goods in the 
 country wdiere they found it. And so, by ensample of that 
 grant to townsmen, they thought it lawful, and made it a 
 use to distrain one another's goods for small debts." 
 
 As observed by Friar Michael Bernard of Kildare, the 
 author of the graceful ballad on the entrenchment of New 
 Ross,^ war truly was not the wish of the burgesses ; for their 
 wealth depended upon carrying on as full a trade as the 
 products and the wants of the country enabled them. All 
 trading corporations endeavoured to hold themselves neu- 
 tral in any conflicts which disturbed and desolated the 
 country around them. A strong and high wall was the best 
 guarantee for the preservation of this neuti'ality. So long, 
 however, as a borough remained insufficiently fortified and 
 guarded, it was liable to be plundered by any band of marau- 
 ders who were strong and bold enough to adventure a raid 
 into its streets. Sometimes the brave toA\aismen donned 
 their armour, and salhed out to repel or avenge such ingres- 
 sions. The Annals of Ross record that some twenty-seven 
 men of the to^vn were slain by the Irish in the year 1333. 
 At an earlier time ^ the burgesses seized and slew in the town 
 itself a famous robber of their own race, Gilbert Roche, " a 
 killer of just men, and a depredator of the lieges." The 
 same Annals also take brief notice of a considerable battle 
 which occured in 1336, when the Englishry of the county 
 of Wexford were defeated by ]\Iac Murrough, chief of the 
 
 " Archa3ologia,vol. xxviii. Theori- ''Latin Annals (No. 1318), Bibl. 
 
 ginal MS. is in the British Museum. Harl. 258. 
 
Counties of Kilkenny and We.vford^ S{c. 33 
 
 clan Kavanagh, with the loss of two hundred men, and their 
 leader, Su' Mathew Fitz-Henry, Baron of Kilkevan. 
 
 It would appear by the charter of Edward the Third to 
 the sovereign and bailiffs of Rosponte, dated 1374, that the 
 toAvn was not murally fortified even at this date. The 
 charter granted them the usual tolls and customs, " in aid of 
 inclosing the said town, which is situated in the marches (or 
 borders) near the Irish, and is often attacked by their hos- 
 tile aggressions." It concluded, that the King, compassion- 
 ating the extreme decay (grandi mine) of the to\Yi\ exone- 
 rated the Corporation from accounting for its tolls before the 
 Exchequer ; but desired that an account should be rendered 
 to the Bishop of Ferns and the Abbot of Dunbrody showing 
 that the money levied had been duly expended in enclosing 
 and paving the tOA\Ti. The charter dated the first year of 
 Richard the Third, " for the repair of the toAvn, walls, and 
 port," recites that many merchants of the town had been 
 killed both by sea and land, that the to-\vn was one-third 
 depopulated, and that neither law, justice, nor good govern- 
 ment, existed in any district around it, 
 
 Ross is mentioned but twice by the northern annalists, 
 styled the Four Masters. They record that in the year 1394, 
 soon after the first landing of Richard the Second : — " An 
 army was led by Art Mac Murrough, King of Leinster, 
 against the English ; and he burned Ros-mic-Triuin, with its 
 houses and castles, and carried away from it silver, gold, 
 and hostages." Their second notice is that in this town a 
 woman gave a poisonous drink to Mac Murrough, which 
 caused the death of this brave and famdus defender of his 
 country, A. D. 1417. 
 
 By letters patent, dated 4 Hen. IV., the King, upon 
 petition, granted to the sovereign and commons of the to"svn 
 of Ross, that, as the town was situntcd in tlio niiirdies or 
 
 D 
 
34 The Presentments of Juries of the 
 
 borders, and surrounded on every side by Irish enemies, so 
 that it had not wherewith to live unless only by sale, &c., of 
 victuals and other small matters, which it behoved to sell 
 to the aforesaid enemies, to avoid their malicious acts, the 
 said sovereign, &c., might treat with the said enemies, and 
 sell them all manner of victuals, &c., as well in time of peace 
 as of war ; and also pay yearly to Arthur Mac Murrough, 
 chief of his clan, the ten marks which the townsmen had 
 been compelled to pay him for defending them. 
 
 The townsmen thus obtained the King's permission to 
 pay black-mail, the. payment of which was forbidden in the 
 laws of the Scottish border. Indeed, the King's Exchequer 
 in Dublin had for many years past paid a black rent of 
 eighty marks to the successive chieftains of the clan Kava- 
 nagh. The County of Wexford also paid them a sunilar 
 stipend. These tributes continued to be discharged Avith 
 tolerable regularity doAvn to almost the period of the Com- 
 mission of Inquiry. Whether the annual sum often marks 
 from the toAvn of Ross was also continuously paid does 
 not appear. It would seem it was not, as the consideration 
 for which it was payable, namely, that the chief of the clan 
 would exert his power to defend the toAvnsmen from being 
 plundered, was evidently unfulfilled at the time an Act of 
 Parliament was passed, anno 1483 [1 Rich. III. cap. 26], 
 authorizing " the sovereign, port-reeves, &c., of Ross to 
 pursue and present those that robbe them."^ An earlier 
 statute [16 Edw. IV.] had enacted that "if any English- 
 man be damaged by an Irishman not amenable to law, he 
 shall be reprised out of the whole sept or nation of the 
 party doing the injury, according to the discretion of the 
 chief governor ot the land, and the King's council." By 
 
 " Calendar of Statutes, Add. l\rS. Brit. Mus., 4801. 
 
Counties of Kilkenny and Werford, cjv;. 35 
 
 certain other acts " every cliiefteyn of English lineage " was 
 held answerable " for his son and waged man," and " every 
 man" was to answer " for the defence of his sons." As the 
 learned editor of the Statute of Kilkenny remarks : — 
 
 "However extraordinary the above law, 16 Edw. IV., may 
 appear at the present day, it Avas considered just and necessary at 
 the time of its enactment. It may be observed that this and the 
 other Acts just alluded to bear a strong affinity to the laws of the 
 Irish Brehons, making the whole sept or territory liable for the of- 
 fences of the individual." — Ilardmaii s Statute ofKiUcemiy^ />»• 41, note. 
 
 At the period of the Ross verdict, the inaugurated chief- 
 tain of the clan Kavanagh, who is mentioned by the jurors 
 as " the Mac Murrough that now is," was Cahir Mac Enne- 
 cross, who had made submission to the viceroy in the pre- 
 ceding year. The warlike leader of the clansmen who is 
 mentioned most frequently, Cahir Mac Art, was, probably, 
 his tanist^ or lieutenant, and successor elect. After the 
 latter succeeded to the chieftaincy, he became a feudal sub- 
 ject, and was created Baron of Ballyan. 
 
 In a letter,^ dated 16th July, 1538, the Earl of Ormond 
 gives the following curious account of a murderous and 
 unprovoked assault on the Irish, which disgraced Ross at 
 this time : — 
 
 " This Sainte Petiris Evin laste paste, at Rosse, when the folke 
 of the towne toke ther station aboute the fyrys,** and beinge toward 
 the abbay of the freres in their said station, Watkyne Apoell, oon 
 Baker, and three or foure Englishmen, prepensidly retornede from 
 the Suffrayne and his brethren, and came towarde the condyt of the 
 to"wne, affermynge that it was to wayshe a hatt of cheries, whiche 
 he hade then in his hande ; and the streth being voyde of folke, 
 the said Watkyne and his fellawes dud meth with Cahir M^Artes 
 
 ' Printed State Papers. still kept up, of lighting bonfires on St. 
 
 •' This early allusion to a custom, Peter's eve, 28th of June, is curious. 
 
 D 2 
 
36 The Presentments of Juries of the 
 
 standarthe berrer, and 3 more of the said Cahir's men, beinge at 
 peace, and beholdynge the fyrys, and station of the towne, under a 
 pentice besides the said condite of water, and unamsidly dud drawe 
 ther daggers, and stickide the said Cahirs men with the same, 
 wherby the said standartberer was oute of hande slaync, and the 
 residue beinge wondide to deathe, flede away, and parte of them 
 constraynide to take the river ; and when the SufFrain herde herof, 
 he soo-hte for the said Watkyne and mete him at his dore, eatinge of 
 the said cherryes, who denyede that it was not his dede, and bade 
 the SuiTrayne take the offenders ; and aftre the Suffrain fonde oute 
 thEnglishmen, he pute them to warde, and certifiede Mr. The- 
 saurer and others of the Consaile of the same, who willide the 
 SufFrain to kepe them sty 11, tyll my Lorde Deputie Avere retornede; 
 by meanes wherof the said Cahir is at werre with theym, and have 
 lately prayede Old Rosse." 
 
 The retrospect of the Wexford juries, as may be seen 
 by referring to their presentments, extends over some dozen 
 years. With the exception of a few instances of heinous 
 crime, the offences enumerated are of a character that may 
 be considered as having formed a light calendar for such 
 ungoverned days. As the calm and intelligent historian 
 before quoted remarks, the virtues of private life are not in 
 general the sul^ject of history, which usually is an exposition 
 of actions resulting from the evil passions and contests of 
 mankind. Our remark is especially true of all records of a 
 public and legal nature. The general state of the country 
 is therefore not to be altogether deduced from these present- 
 ments, which, like the bills still found by grand juries, only 
 take cognizance of such grievances and enormities as re- 
 quire redress and punishment. It is noticeable enough that 
 the accusations as to the commission of the various offences 
 and injuries described were brought by a jury of fifteen of 
 the principal gentlemen of the county against their o^yh 
 neighbours, who were tlioir equals and kinsmen ; and that 
 
Counties of Kilkenny arid Wecrford^ Sfc. 37 
 
 the accusations were as impartially made against powerful 
 earls and territorial lords as against any loose wood-kerne. 
 However, it must be understood that many of the misde- 
 meanours for which the rural lords were arraimed were 
 owing to those native customs of the country which made 
 each lord, like a Gaehc chieftain, his own avenger of law. 
 When we read of "Alexander Roche, Lord of the Roche- 
 land," having taken to the value of forty shillings from five 
 different individuals, we understand that he levied some 
 special fine, in the manner his neighbour, O'Morchua (Mur- 
 phy) enforced cain due to himself as Tighearna. 
 
 It is natural to expect that English law was either un- 
 kno^vn or defied in the mountains and countries of Gaelic 
 chiefs, who were as "irregular and wild" as the haughty 
 Welsh insurgent, Glendower ; — but its frequent violation 
 by peers of the realm and sheriffs of the Crown proves the 
 absence of strong legal authority. This deficiency is re- 
 markably shown in an instance in which the head of the 
 house of Butler, Piers, the first Earl of Ossory, and eighth 
 Earl of Ormond, supplied the means of recovering a private 
 claim where the arm of law was inadequate. When this 
 potent nobleman marched with his sons, at the head of some 
 six hundred men, as far as Mulrankan Castle, on the sou- 
 thern coast of Wexfordshire, and carried away the goods of 
 its lord, he was induced to lead his " great host" thither by 
 a merchant of Waterford ; evidently as the solely possible 
 process of recovering a debt in a case in which the sheriff 
 of the county may have declined to act. Whilst marching 
 back, his son. Lord Butler, levied a fine on the townsmen of 
 Fethard, instead of exacting food and forage for his men 
 and horses. Some years afterwards, the very sheriff of the 
 county, whose duty it was to observe the statute against 
 taking coyne and livery strictly, was less scrupulous as, 
 
38 The Presentments of Juries of the 
 
 appears by the following curious letter from the portreeve 
 and men of that town to the viceroy, dated 1549:'' — 
 
 " Oure bounden duty unto your honourabyll Lordsliipp, which 
 considered. This ys to advirtise yow ho we Mr. Shiref of the countye 
 of Wexford came to Fydyrth of the sayd county this laste Satterday 
 paste with a nombyr of Gliarne (Kerne) and Horsemen, in cumpled 
 harnes, whell apuntthid, to fygth agens the Kynges pore subgekes, 
 and then and ther rigourosly and extortly the forsayd Shiref with 
 his nakyd swerde drawen in his hande, in present of many did strike 
 and bett he your pore oratour the Portre of the forsayd towne of 
 Fydyrth, offiser, abowte the hedd, that he hys not abyll as yet to 
 repayre unto your Lordshipe to complayne, and in hke manner ran 
 att one of the Burgess ther and cott him in the hand. If he had not 
 borne of the stroke with a staff his hand had been cutte of quite. One 
 of his fyngyrys his in danger never to recover ; and a nodyr pore 
 man his fyngyr his cutte of and never had sinys, be cawse he ciyed, 
 seyng the Portre so bettyng for refusing the Shireffe of a Nyrisse 
 custome namit Quin and Lewery, that never Avas paid to no Sliiref 
 afore (whiche unconveniens shall be proved bi many honest personys 
 if hit be your Lordshipp his whill). 
 
 "In consideratione whereof youre pore compleynanttes besagys 
 your Lordshipp for the love of God of a treu remedy bi this berir 
 in the premisses and thei whill prai to God daly for your honerabill 
 estate in prosperiti long to contenu." 
 
 " By your pore compleynanttes and faithefuU subjeckts, to ther 
 power, the Portre, and Burgesis of the towne of Fydyrtthe in the 
 County of Wexford." 
 
 Superscribed : — 
 
 " To our ryght honerabyll goode Lorde, the Lorde Debite 
 of this ileallme of Irlande, dely wer this." 
 
 ^ MS. State Paper Office. 
 
Counties of Kilkenny and Wexford^ ^c. 
 
 39 
 
 THE VEKDICT OF Y'^ COMMONS FOR Y'' BODY OF Y COUNTY 
 
 OF WEXFOED. 
 
 \_October, 1537.— M^. State Paper Office.'] 
 
 JOHN DEVEREUX. 
 NICHOLAS DEVEREUX. 
 JASPER CODDE. 
 RICHARD WHITTEY. 
 WILLIAM NEVILLE. 
 
 WALTER BRIAN. 
 JOHN KETYNG. 
 HUGH ROCHFORD. 
 PAT. LAMPORT. 
 THO. SIGON. 
 
 WILL. HAT. 
 RO. SYNNOT. 
 WATT. FRENCH, 
 MYLO ROCHE. 
 PAT. WHITTEY. 
 
 First y^ said Jury present that the Lord of Ossory entered into 
 the castle of Durbard's Island/ with the appurtenances, with force, 
 upon John Devereux, the King's constable there, and the same 
 with force hath withholden since the 22'"^ yeare of our Sovereign 
 Lord y® King's reign. 
 
 Item, they present that one Walter Meyler'' of Doncormok and 
 
 ^ Durbard's Island is one of the many 
 names by which the insular piece of 
 land on the Barrow, now known as the 
 Great Island, was designated. In a 
 rental of the lands of the Lords Mar- 
 shall, anno 124G, it is called Insula 
 Hemy.— [Carew MS., Gil, fol. 14.] 
 It acquired this name from Hernicus, 
 or Hemy Bretoun, of Ross, who is 
 mentioned in a record of 1266. — 
 [Charta3 Priv-ilegiaj, «fec., fol. p. 31.] 
 Edward the Second granted it to Luke 
 
 de Barry, with the manor of OldRoss 
 
 [Cal. Rot. Pat. Ilib., p. 19.] By an 
 entry in the same rolls, 10 Rich. 11., 
 it had changed its name to that of a 
 new owner, "John Durbaro de Hand," 
 who then obtained license to transport 
 two lasts of salted fish into England. 
 These, probably, contained salmon 
 caught in a famous weu*, called Cor- 
 kcry in the above record of 1246. 
 Subsequently, the heirs of the Lord 
 Marshal, namely, the Duke of Norfolk 
 
 and Sir Maurice Berkeley, were found 
 possessed of "the castle, island, and 
 manor of D urbarr. " — [Carew IMS. , 6 1 1 .] 
 By an Act of 3 Edw. IV., the castle and 
 town of Carlow, the town of Ross, and 
 the castle and lordship of Durbare's Is- 
 land, being in ruin and decay, were seised 
 into the King's hands for sixty years ; 
 and their keeping committed to Thomas, 
 eighth Earl of Desmond. — [Statutes of 
 Ireland, Cotton MS., Titus, b. Lx.] By 
 a record in the Exchequer, dated 6 
 James I., it appears there were at that 
 time " a house of lepers, four fishing 
 weirs, and forty messuages" in the island. 
 ^ In 1570, Walter Meyler, of Down- 
 cormock, gent., addressed the Go- 
 vernment, stating that he was possessed 
 of the manor of Pryststown (Priests- 
 haggard) in the confines of the county, 
 " adjoining to the salvage nacion of the 
 Cavanaghes," upon the very frontiers 
 of the L-ishry, and tlierefore wasted by 
 their continual incursions. He adds 
 
40 
 
 The Fresentnientit of Juries of the 
 
 his ancestors have been in possession of Montgarrett," beside Ros.v, 
 with the appurtenances, as their inheritance of right, until Piers, 
 Earl of Ossory, into the premises entered with force on the said 
 Walter, the P' of March the lO''^ year of y" King's reign, [1518], 
 and it keepeth with foi'ce contra statutum Dom. Hex [sic]. 
 
 Item, they present that William Keting, Commander of Kylk- 
 logan,'' entered with force into a carne of land called Hurbyskayn," 
 with y^ appurtenances, in y^ Barony of Dunbrody, the P' of Au- 
 gust, y'' 20"' year of y'^ King's reign, and keepeth it with force. 
 
 Item, they present that the Barony of Karnoo [Carnew?] in 
 the manor of Ferns perteineth to our Sovereign Lord y*" King. 
 
 Item, that y*" Barony of Torkill,*^ with the towne of Arkelowe, 
 in like maner perteineth to the King. 
 
 that Priestown was "the key to the 
 county," and proposes to exchange it 
 for the reversion of the rectory of 
 Duncormock. He pleads his services 
 against the Cavanaghs, who, he de- 
 clares, "have ofttimes shed his blood." 
 _[MS. State Paper Office.] 
 
 "^ Edward the Second, in the fourth 
 year of his reign, granted to Robert 
 Russel, of Ros, that he might acquii'e to 
 himself and his heirs for ever, of Agnes, 
 daughter of John Kempe, two caru- 
 cates, or ploughlands, and fifty-two 
 acres of laud in Mongaret, which were 
 within the manor of Old Ros, and be- 
 longed to Roger le Bygod, late Earl of 
 Norfolk — [Cal. Rot.'Pat., p. 18.] 
 
 10 Henry IV. (1408), May 9~a 
 royal permission was gi'anted to Patrick 
 Barrett, Bishop of Ferns, which, recit- 
 ing that he intended to construct a 
 castle of stone, crenellated, in a place 
 called Mountgaret, in the marches of 
 the county of Weysford, empowered 
 him to take latomos, et cementarios 
 competentes, i. e. competent quarry-men 
 and masons, within the shires of Kil- 
 kenny, Weysford, and Watcrford, to 
 work in the construction of the same, 
 
 for the tithes of the said bishop. — [Rot. 
 Pat., page 193.] 
 
 The Earl of Ormond, above named, 
 conferred MountgaiTctt upon his second 
 son. Sir Richard Butler, who was cre- 
 ated a viscount, taking his title from 
 this jilace, anno 1550. 
 
 '' Kilclogan was a commandery or 
 preceptory of the Knights Templars, 
 and, subsequently, of the Ivuights Hos- 
 pitallers, or of St. John of Jerusalem, 
 whose grand priory was at Kilmainham. 
 A tall and peculiarly constructed peel- 
 tower still stands at this place. An in- 
 quisition taken at Ross, 30th August, 
 1544, finds that Sir John Rawson, late 
 Prior of Kilmainham, was seized of the 
 manor of Kilclogan, and of the rectories 
 of Hook and Templeton. The house 
 was usually called the Preceptory of 
 liilclogan. It was granted by Queen 
 Elizabeth to Sir Dudley Loftus; and 
 the Loftus family resided there before 
 they acquired Redmond's, now Loftus, 
 Hall. 
 
 '^ Hubbardstown, now' called Hobart. 
 
 '' This may be Tor-hill, from the Hill 
 of Tara, near Gorey : or else the land 
 called elsewhere Le Quarkill. 
 
Counties of Kilkenny and Wexford^ S^-c. 
 
 41 
 
 Item, that Douns-corttye," being freeholders' land of this county, 
 that Muryertayth Kevanagh keepeth the said lands by force and 
 arms ; — the nation of the freeholders been Rochfords'' and Prender- 
 gasts. 
 
 Item, that Thomas Power, with the servants of John Power, 
 
 " Enniscorthy belonged originally to 
 the see of Ferns. By an indenture in 
 the 1 1th year of Henry the Third (1227), 
 it was agreed between John, Bishop of 
 Ferns, and Gerald, son and heir of 
 Philip de Prendergast and jMaud de 
 Quency, that the said PhiUp and his 
 wife give and assign to the said bishop 
 and chapter six ploughlands for ever, 
 in exchange for the town of Inscordy, 
 viz., in Ballyregan, live ploughlands, 
 and near Clone;, one ploughland, which 
 Fitz-Hernicus held ; so as that the said 
 Philip and wife might hold the said 
 town of Inscordy as a lay fee for ever 
 to them and their heirs ; and the bishop 
 and chapter hold the said six plough- 
 lands freed from them and theii- heirs. 
 This indenture was enrolled 4th No- 
 vember, 1595, at the request of Sir 
 
 Henry Wallop, Knt [Egerton MS., 
 
 Brit. Mus., No. 75, p. 270.] Maud de 
 Quency was heiress of Robert de 
 Quency, Strongbow's standard-bearer. 
 Sir Maurice of Prendergast, near Ha- 
 verfordwest, in Pembrokeshire, landed 
 at Bannow in 1169, with ten knights 
 and two hundred archers, the day after 
 Fitz-Stephen landed. His chivalrous 
 behaviour towards the King of Ossory 
 during the Conquest is related by 
 Maimce Kegan. The territories of 
 FemegenaU (Ferns) and Ivinsellagh 
 
 were gi-anted to huu [Harris' Hib.] 
 
 See Archdall's IMonasticon for the foun- 
 dation of the Augustinian Abbey at 
 Enniscorthy by Sir Gerald Prendergast. 
 Phihp de Prendergast was one of the 
 Barons of Ix'inster, ^th of John. Gerakl 
 
 de Prendergast was one of the mag- 
 nates summoned to the war in Brittany, 
 13 Henry IH.— [Lynch, 293, 29«.] 
 By an inquisition taken in that reign, 
 Lord William de Valence had custody 
 of Gerald's great possessions, and his 
 sister and coheir was married to John, 
 Lord Cogan. By another of 6 Edw. I. 
 (No. 41), Geoffrey, son of WilUam 
 Prendergast, was brother and heir to 
 John Prendergast, who owned lands in 
 Ai-duesaUagh and Fernan. — [Inquis. 
 Tur. Lond.] The Wexfordshire family 
 was afterwards driven southward, and 
 lived in a tower called Gurteen, near 
 the mountain of Forth, at the time of 
 the Heraldic Visitation of the county, 
 in which a brief descent of their line is 
 given. 
 
 ^ Rochfords, — The Rochford family 
 were barons from the thirteenth century. 
 — [Lynch's Feudal Dignities, p. 223.] 
 Sir Maurice witnessed Aymer de Va- 
 lence's charter to Wexford in 1317, 
 and held four and a half knight's fees 
 of that nobleman in Kaldidy and Inis- 
 cliorty^ 17 Edw. H., which were waste 
 by reason of tlie warring of the Irish. 
 In 1411, the heirs of John Eochford 
 held four knight's fees as the barony 
 of Dnffiir^ from the late Thomas INIow- 
 bray. Earl of Norfolk.— [Carew MS , 
 611. Inquis. Tur. Lond.] Like their 
 fellow-colonists, the Prendergasts, the 
 Wexfordshire family of Pochford was 
 driven southward as the Irish regained 
 power, and lived at Taghunnau 
 (Mountpleasant) under the mountain 
 of Forth, in 1C18. 
 
42 The Presentments of Juries of the 
 
 that tyme Abbot of Tintern, came, robbed, and brent the town of 
 Cullen feloniously, to y'' damage of an £100, y* 2"'' day of March, 
 yc 25*11 ygr^j. of y'^ raigne of oui' said sovereign lord. 
 
 Item, that Thomas Cusack of Cosingston, gent.'' being here one 
 of y® King's Commissioners, did compell the tenants holding by 
 custom and use,*" every tenant to pay y*^ value of a year's rent, for 
 a fine and an income, to the sum of 100 marks and more, contrary 
 to their laudable use and custom used this C years and more. 
 
 Item, they present that Richard Butler,*^ with all y*" inhabitants 
 of y* Fassath of Bantre,'' doth occupie Bryon's Law,® and receaveth 
 fynes and canes, being disobedient to the laAves of our sovereign 
 lord. 
 
 Item, that Edm. Gangath, Richard Butler's servant, came to 
 Culleyne y® 2° day of August y*^ 26"' year of our sov. Lord's 
 raigne, and then and there robbed from Lawrence Cullen and his 
 tenants feloniously sixty kye and plough horses. 
 
 Item, that Thomas Cogge Neville robbed two plough horses 
 feloniously of James Lewis, on S' James day last past, price every 
 horse 13^. Ad. 
 
 Item, they present that John Sutton, y*" son of William, and 
 Edmund Prendergast, y® son of William, came to Templetown on 
 our Lady Day next before Crystymas y® 27 "* year of y® Kings 
 raigne, then and there stole feloniously linnen cloth of Philip 
 Cotyne/ to the value of 6 marks. 
 
 Item, they find that William M'^ Shane, son to Shane M'^Philip, 
 and Edm. jM'^Dowle of Ramsgrange came to Duncannon y*" 10'^ 
 day of September y*^ 28*'' yeare of y'' raign of our soveraine lord, and 
 then and there did robb feloniously from Nicholas Ogeyre and 
 James Hore 18 kine and six plough horses. 
 
 Item, they present that Laurence Neville came to S'. Imocks^ 
 y" last day of November this present year, and brake a house, and 
 
 ^ Afterwards Sir Thomas Cusack, '' The wilderness, or weald, now the 
 
 Lord Chancellor. barony of Bantry. 
 
 ^ That is, not holding by lease. ' Brehon's, or Gaelic law. 
 
 "" Sir Ivicliard Butler, son of the Earl ^ Query, Philip the cottoner, or nia- 
 
 of Ossory, afterwards created Viscount ker of clothing? 
 
 jMountgarrett. ^ Near Bannow. 
 
Counties of Kilkenny and Wexford, Sfc. 
 
 43 
 
 [took] \Qs. of fyne of Margaret Perle in escuelng of y'' breaking of 
 y*^ said house. 
 
 Item, tliey present that Gerald Boye Prendergast" and Kayer 
 More M'^Forish,'' constable of Karlough, EJm : DufFe, Seneschall 
 of Kensle,'' came with M'Murroo'' to Balmager y^ third day of Au- 
 gust in the 26"" year of our soveraine lord [1534], with the number 
 of 1000 men, and then and there brent the towne of Balmagyr,° 
 with a banner displayed, and murdered and wounded dyvers ser- 
 vants of John Devereux, and feloniously in goods and chattells did 
 take away to the value of £300 or more. 
 
 " The revolt of Silken Thomas com- 
 menced on the 30th July, 1534. Ge- 
 rald huoy Prendergast was probably a 
 retainer of the Earl of liildare ; and 
 M'^Fioris (^Mac Piers Birmingham) con- 
 stable of his castle of Carlow. They 
 were doubtless sent down to attack 
 Devereux, of Balmagir, the head of 
 whose line usually led the Englishry of 
 Wexford. Mac-Edmond-Duff was the 
 title of the chief of the clan ffinsellagh, 
 that owned the Kinsellagh's country in 
 the north-east of the county of Wex- 
 ford. This clan descended from En- 
 nagh, a natural son of Dermot-w«-g-aZZ, 
 upon whom the country was conferred 
 by Henry the Second, with the heredi- 
 tary office of seneschal [Carew MS. 
 
 635.] The same MS. mentions " three 
 septs of Brian M'^LIorogh, lord of Kin- 
 selagh, of whom M'^Edmond DufFe is 
 chief" 
 
 ^ The Mac Murrough, the then chief 
 of the clan Kavanagh. 
 
 <^ Balmagir, the residence of the 
 family of Devereux, who were the 
 wealthiest and most powerful of all of 
 Strongbonian race in Wexibrd. They 
 sprang from the Dcvereuxs of Here- 
 fordshire, ancestors of the famous Earls 
 of Essex. Sir John Devereux founded 
 the convent for friars minors at Ross, 
 in the time of Edward tlie First. John 
 
 Devereux, on whom the above-men- 
 tioned onslaught was made, had been 
 Justiciary of the county under the 
 Earls of Shrewsbury in the begin- 
 ning of this reign — [In(;[uisition taken 
 in the Castle of Wexford, 2 Hen. VIH., 
 enrolled in the Exchequer, 31 Eliz., 
 m. 113.] He was succeeded in his es- 
 tate in the year 1540 by his grandson, 
 Sir Nicholas Devereux, Knt. A curious 
 letter from this worthy knight has re- 
 cently been printed in Mr. Evelyn 
 Shirley's " Original Letters." It is 
 addressed to Sii- AVilham Cecil, Lord 
 Burleigh, and is dated 15G6. The win- 
 ter, in recommending his nephew to be 
 Bishop of Ferns, makes "bold to refresh 
 his acquaintance" with the potent Se- 
 cretary of State, reminding him of 
 having been his schoolfellow in England, 
 when a ward of the Earl of Shrews- 
 bury. An entry in the Carew MS. 
 621, dated 1574, notes that Devereux 
 "was spoiled of a great part of his in- 
 heritance by the Kavanaghs." When 
 Robert Devereux, Earl of Essex, the 
 favourite, was Viceroy of L-eland, he 
 passed a day at Balmagir (2ord June, 
 1699), while on his march from Water- 
 ford to Dublin, and knighted Sir James 
 Devereux, who, according to tradition, 
 sold three lownlands to pay for three 
 days' open house on tlic occasion. 
 
44 The Presentments of Juries of the 
 
 Item, the said Jury present that Edlee Roche came on S' Ma- 
 thew's day, the 28''' year of the raigne of our soveraign lord, and 
 feloniously did take from Thomas Keating of Graigscor a horse 
 price seven marks, and seven kyne and plough horses to the valew 
 of four nobles, and other goods. 
 
 Item, they present that Oliver Gangath, y* son of "William, felo- 
 niously did take two plough horses from Stephen Devereux of 
 Baytaillestown y^ last day of June y^ 29* year of our soveraine 
 lord. 
 
 Item, they present that Gilbert Sutton feloniously did take 
 from Stephen Devereux of Battailstowne a cow the price 135. Ad., 
 at y'' feast of S*. Martin y^ 20'^ year of om' sov : lord. 
 
 Item, they present that the said William Etle Roche, with 
 divers others Avild Irish came to Kolkot^ y'' last day of March y^ 
 28"' year of our said soveraine, and there did feloniously take away 
 from Walter M^Thomas of Kolkot, husbandman, 1 2 plough horses 
 & 18 kyne, & to y^ value of five markes in other goods, and wilfully 
 did murther y*^ wife of y'' said Walter. 
 
 Item, they present that the Erie of Ossory taketh paines and 
 kanes^ in the shire of Shilborn ; and for a kane entereth into y*" town 
 of Ramsgrange Avith force, and so keepeth it from John Devereux. 
 
 Item, they present that y^ inhabitants of the town of Ross do 
 retaile with Irishmen, and selleth them their tillery*^ as well in warre 
 as in peace, and did keep out English men to be murdered of y* 
 enemies. 
 
 Item, they present that Katherin Hore and jNIargaret Hore be 
 general heyres to Harpestone Edmund Hore of all his lands.'' 
 
 " Coolcotts is a townland close to Burke's Commoners, 8vo, Lond., 1834, 
 
 Wexford. vol. Iv.], that David Hore was uncle of 
 
 ^ Cains, the Gaelic word for fines the above-named Edmond, who had 
 
 payable to the chieftain or lord. transgressed the Statute of Ivilkenny 
 
 " Artillery, viz. : warlike weapons. by taking a wife of Gaelic race, a 
 
 •i There is a very ancient monumen- daughter of Gerald Kavanagh. 
 
 tal stone in Taghnion Chiu'ch to Wil- The tragedy recounted at p. 46 arose 
 
 Ham Hore, of this family. It appears from an endeavour to make the succes- 
 
 by the fourth item in the ensuing ver- sion pass accoi'ding to Brehon law, under 
 
 diet, and by the Heraldic Visitation of which a nephew or infant son might be 
 
 the county, taken in 1618 [see also excluded, and which absolutely excluded 
 
Counties of Kilkenny and Wedford, 6fc. 
 
 45 
 
 Item, they present that John Sherlock, merchant of Waterford,* 
 did cause and procure Perse, Earle of Ossory, and Lord James But- 
 ler, to come with their great oste violently, with force and arms 
 unto the parish of Mulrankan in y*" county of Wexford y"" 2*"^ day of 
 February y'" 24"' year of y^ raigne of our soveraine lord ; and then 
 and there did feloniously take away from Walter Browne of i\Iul- 
 rankan, and John Devereux, and certain goods from James Keat- 
 ing, to y*^ valew of £100 and more ; and then the said Lord James 
 Butler with part of the said oste did menace y*^ commonalty of Fe- 
 dert to have coyne and livery of them; and in eschewing of y'^ same 
 were compelled to pay unto y*" said James 20 marks. 
 
 THE VERDICT OF THE JURY FOR THE BODY OF THE SHIRE. 
 [October, 1537.— MS. State Paper Office.'] 
 
 WALTER BROWNE. 
 PHILIP KEATING. 
 THO. ROWCETTOR. 
 JAMES ESMOND. 
 JASPER BOSHER. 
 
 WILL. BROWNE. 
 DION. HAY. 
 JOHN ROCHE. 
 HAMOND CHEEVER. 
 NICH. CODDE. 
 
 JASPER CODD. 
 JAMES BUTLER. 
 JOHN FITZJOHN. 
 ROB. PRENDERGAST. 
 LAUR. COLEYN. 
 
 First, the said Jury present that wherein one Pliilip Ketyng, 
 gent, with other gentlemen of the said county, y'^ 25"' day of Sep- 
 tember in y*^ 15"' year (1524) of our Soveraine Lord y^ King's 
 raigne that now is, in pursuing the King's L'ish rebells had taken 
 them at y® gates of Ross, ue had they been rescued by them of 
 
 female heirs. The verdict of the jury, 
 however, is in favour of the legal claims 
 of the daughters as " heirs general." It 
 is well known that internecine disputes 
 among the Earls of Desmond, and in 
 other great Anglo-Irish families, arose 
 from similar controversies, whether the 
 succession should pass by Brehon or 
 by Feudal law. 
 
 * Merchant of Waterford. — John 
 Wadeyn (Wadding), merchant of AYa- 
 terford, complained before the Parlia- 
 ment, held in Wexford, the 3rd year 
 
 of Edw. IV., on Friday before the 
 feast of St. JMartin the Bishop, that 
 Hugh Rochford, Nicholas Stafford, 
 John, son of William Here, Thomas 
 Neville, Baron ofRosgarland, AYilliam, 
 son of Davy Sutton, and other gentle- 
 men of the county, owed him seven 
 score and ten marks for certain con- 
 tracts, and refused to pay the remain- 
 ing forty-three. The matter was 
 referred for arbitration to Nicholas 
 
 Devereux and Robert Browne, Esqrs 
 
 [MS. Abstract of imprinted Statutes.] 
 
46 The Presentments of Juries of the 
 
 Ross ; so that in the said pursute, by reason of the said rescue, 
 divers of y^ company of y^ said Philip were hurt. 
 
 Item, they present that wherein y® 17"^ year of y"" King's reigne, 
 Nicholas FitzHarry,^ with divers other gentlemen of the coun- 
 tey, were pursued by y^ Irishmen, and fled to y" towne of Ross, 
 wening there to be sauf ; — but the said inhabitants did close the 
 gates of the towne against them, and in no wise wold suffer them to 
 entre the towne for their sauf guard; so that they were there at y® 
 said gates slaine. 
 
 Item, they present that in the 17"^ year divers Irish rebells were 
 pursued by Thomas FitzHarry and others ; and had been taken or 
 slaine, ne had they bin rescued by y^ inhabitants of y" said town of 
 Ross. 
 
 Item, they present that in the 1 8"' year of our soveraigne lord 
 (1526) David Hore feloniously entered and broke y^ house of Ed- 
 mond Hore,'' and there feloniously did kill and sley y*" said Edmond 
 and his wife ; she then being great with child of 2 children. 
 
 Item, they present that in February in y'' 25*'^ year of our sove- 
 raign's reigne y*^ Earl of Ossory with James and Richard his sonnes, 
 with 100 horsemen, 200 galloglasse, and 300 kerne, robbed Walter 
 Browne, and feloniously did take as well from him and his tenants 
 as from other dwelling thereabouts all manner of corne and other 
 goods that they found, to the value of £100 and above. 
 
 Item, they present that the Deane of Femes pm'sued a bull 
 from y*^ Court of Rome. 
 
 Item, Alexander Keting hath pursued a like bull from Rome. 
 
 Item, Gerald Bossher hath pursued a like bull. 
 
 '^ Sir Jolin Fitz Henry, Kat., held styled Barons of Kilkevan. Among some 
 one knight's fee in Kilkevan, from curious tales of Ireland contained in a 
 Aymer De Valence, Earl of Pembroke, very rare black-letter book, called " Be - 
 and also a knight's fee inMackmine — ware the Cat," printed in 1584, a story 
 [Inquis. Tur. London, 24, E. I., No. is told of " Fitzhai-ris and the Prior and 
 56.] He is one of the witnesses to Convent of Tintern." 
 that nobleman's charter to the town of *> Of Ilarperstown. David Hore ob- 
 "VYexford. His son. Sir Mathew, was tained possession of the estate, and 
 summoned as a Baron to Parliament by transmitted the inheritance to his son, 
 Edward the Third, and by Richard the notwithstanding the seventh present- 
 Second. Hence his successors were ment, at page 44. 
 
Counties of Kilkenny and Wexford, i^'c. 47 
 
 Item, that Sir E-ichard Browne, parson of y® Hand, hath pur- 
 sued a bull from Rome called sua nob. 
 
 Item, they present that y'' Abbey of Femes is y^ King's. 
 
 Item, they present that the great Hand called Durbard's Island 
 is likewise the King's. 
 
 Item, they present that the vicar of Kylcowan died about June 
 last past, whereby the King is entitled to have the first fruits, and 
 is by the yere 5 markes Iiish. 
 
 Item, they present that Thomas Foyer at the feast of All Saints 
 which Avas in the 23'''^ year of y*" Kings raigne, with a great com- 
 pany of galowglasses and kernes [came] to y* house of Lawrence 
 Coleyn and there feloniously did robbe y^ said Lawrence and all 
 y'' towne, and carried away y® goods to y*" value of £200, and brent 
 yf houses. 
 
 Item, they present that y*" said Foyer robbed and brent y*^ same 
 tyme divers townes and houses in y*^ county of Wexford ; viz. 
 y^ Mooretown was robbed and brent, and Ambrosetown robbed. 
 
 Item, they present that the Earl of Ossory in y*' 13*'' yeare of 
 y'' Kings reigne (1521) did take and wrongfully imprison Walter 
 Browne, the said Walter Browne then being Seneschall of y'' coun- 
 try ; and kept him in prison by y® space of one quarter of a yeare, 
 to his loss and hindrance of £40, and took of him for a fyne at his 
 delivery £20.'^ 
 
 Item, they present that on St. Mathew's even about two years 
 past Edm. Ganke, then being servant to Richard Butler, with 
 divers others, to y^ nombre of 40 persons, feloniously did robbe and 
 steale from Lawr. Coleyn and liis tenants 51 kine and horses and 2 
 hobbyes to y^ value of 100 marks. 
 
 Item, they present that Richard Baron, servant and horseman 
 to y^ said Richard Butler, about two years past came in to the towne 
 of Banoo,'' and there feloniously did robbe and steale 6 plough horses 
 out of y^ said toAvne, and more they know not. 
 
 '^ This is evidently the same affair as taken in the usual sense, or for "town- 
 
 that noticed in the last item in the land or wi7Za," is doubtful : if the for- 
 
 preceding Presentment; but in which mer, it would serve to show that 
 
 the date assigned is a year earlier. Bannow, long obliterated, was at this 
 
 '' AMicther " towne" here is to be period in existence. 
 
48 The Presentments of Juries of the 
 
 WEXFOBD TOWN AND CORPORATION. 
 
 \_October, 1537.— M 5. State Paper Office. The Names of the 
 Jurors are not given in the ori(jinal.~\ 
 
 The sayde Jury doo present for our Soveraigne Lord y*^ King 
 that the 26"* day of May in the 24''' yere of the rayne of our Sove- 
 raigne Lord y® King that now is, John Purcell, now Bishop of 
 Femes in y* county of Wexford, did confederate himself with one 
 Care M'^Arte,^ enemy to our soveraigne Lord the King, and 
 asyete [?] of y* wylde Irish dwelling in y^ little island called M'^Mo- 
 rough island beside Kosse, and divers other malefactors adherents 
 to y*^ said Care M'^Arte, to y'^ said Jury unknowne. And the said 
 day and yere the said Bishop received y*^ said Care IVPArte and 
 others y^ said malefactors into his dwelling house in the town of 
 Fedred within y^ said county, and to them did give meat and drink 
 y® said day, and lodging y*" night next ensuing. And y^ 27"' day 
 of May in y*^ said 24"' yeare y^ said Bisshop, of his trayterous and 
 felonious pretence, and contrary to y*^ statutes in such case provided, 
 conspired and accompanied himselfe with y® said Care M'^Arte and 
 y*^ said malefactors in y* said 27"* day of May, about 3 of y*^ clock 
 in y*^ morning, in y'' yeare above written, at Fedred aforesaid, pro- 
 cured and abetted y*^ said malefactors to breake and enter into y*^ dwel- 
 ling-house of John Baron, Kichard Cole, John Laffan,^ David 
 Longan, and of others, to y*^ nombre of 20 persons and above, sub- 
 jects to our soveraigne Lord, bm'gesses and inhabitants within 
 y* said towne. Which said malefactors, by the abettment and pro- 
 
 *A redoubted leader of the clan and cattle — [Patent Kolls.] The 
 
 Kavanagh, subsequently created Baron gi-and panel of the county Wexford, in 
 
 of Ballyan, and personally known as the year 1G08, includes " Mac-LafTan 
 
 Lord St. Molins. of the Sladd" among the gentlemen of 
 
 '' By letters patent, dated 25th June, Shelburne. — [CarewMS.,600.] Henry 
 49 Edw. in., the King, in considera- Lafllm died in 1638, seised of Slade 
 tion of ten shillings paid unto the trea- castle and lands ; with Porter's-gate 
 sury, granted to Thomas Lavan, of Ross, and GaUgestown, held of the late 
 that he and his heirs should be free from Commandery of Kilclogan, by "castle- 
 all Irish servitude, that they may use guard," and S.s. M. yearly. — [Printed 
 English laws, and acquire lands, goods. Inquisition, Xo. 129, Car. I.] 
 
Counties of Kilkenny and Wexford^ S^'c. 49 
 
 curement and assistance of the said Bisshop his servants, to the 
 said Jvny unknowne in theyr proper persons, did robb and spoyle 
 and take from the inhabitants then and there of theyr money and 
 household stnif to the vakie of 50*% And further the said Jury pre- 
 sent that y® said Bisshop then and there, being onhis horse back, often- 
 times with open claimor called for fire to have burned j'^ said houses. 
 
 Item, y^ said Jury do present that y*^ said Bisshop, y*^ 23'"'^ day 
 of November in y* 26 yeare of y^ raigne of our soveraigne Lord, 
 procured and abetted y*^ said Care M'^Arte and other malefactors to 
 the said Jury unknowne, as well to spoyle, take, and dryve away 
 cxv kine, oxen, and garrons, and also a great number of sheep and 
 swyne of y^ said inhabitants, as also of y^ said Bisshop, to colour his 
 false demeanour and doings. And after y^ said day and yeare, Ro- 
 bert Cullen and other servants of the said Bisshop did come peace- 
 ably by assent between y*^ said Bisshop and y^ said Care M*" Arte, and 
 did elect and chuse out y^ cattell of y^ said Bishop ; but y^ said Care 
 M'^Arte would by no intreaty or meanes whatever redeliver unto 
 y*^ said inhabitants none of theyr cattell. 
 
 Item, y*^ said Jury do present that y*" xi yeare of our soveraigne 
 Lord, Walter Roche, y^ son of Nicholas Roche, with his followers, 
 went to the suburbs of Wexford by night, for y^ most part feloniously. 
 
 Item, y* said Jury present that y*^ said Walter Roche burned a 
 boat of Robert Canton,"" y^ said yeare feloniously, at y^ Rawyne ;'' 
 and the said Walter burnt a towne of William Meyler and Thomas 
 Synnott in ye parish of Kilkeyvan feloniously; and so y*^ said Wil- 
 liam and Thomas must give unto the said Walter 20,?. to have 
 license to build y^ same towne. 
 
 Item, y*" same Jury present that y^ said Walter came with a 
 banner displayed of Irishmen, and tooke with them y^ prey, that is 
 to say of kine and cattle of y" towne of Wexford ; and also as yet 
 holdeth a Irish woman to his wife. 
 
 Item, y^ said Jury present that y*^ 26"^ yeare of our soveraigne 
 
 * Glascarrig Abbey, on the south- with Strongbow, and where the name 
 
 east coast of Wexford, was founded Canton is still common. This family 
 
 in the thirteenth century by Griffith held the barony in the county of Cork, 
 
 Caunton, whose ancestors founded still called Condon's. 
 
 St. Dogmael's in Pembrokeshire, from '' Probably the Paven Point at the 
 
 whence the Caunton famil>- came over mouth of the Slaney. 
 
50 
 
 The Presentments of Juries of the 
 
 Lord, Philip Rowceter did take a market man going from the mar- 
 kett homeward, and also did take of Thomas Dennis by the water 
 in money and ware to the value of 505. 
 
 Item, y'^ said Jury do present that y'' said ycare one Walter 
 Browne, gent., did take John Furlong, merchant, feloniously out 
 of his house that was in y*" suburbs of Wexford, till such time as he 
 was rescoused by y*^ suffering and his comings." 
 
 Item, y" said Jury present that y*^ 19'^ yeare of our said sove- 
 raigne, Edmund Synnott and David Ketteing, the elder, sonne to 
 Phillip Keiting, brought Caire Carrathe'' with banner displayed, 
 and tooke the prey of Kahaspok f and that y*^ said Edmund with 
 his followers did take violently Margarett Kinay against her will 
 contrary to the King's laws, out of the towne of Wexford. 
 
 '' The sovereign, or chief magistrate, 
 and commonalty of the town of Wex- 
 ford. 
 
 ^ Caher Carragh Kavanagh. 
 
 <= A townland in the parish of the 
 same name, two miles south of Wex- 
 ford. It was found by Inquisition 20 
 Ric. II. that Rathaspeck and Ballyhur 
 (Ballyhire) were anciently one parcel 
 of land, as held of the Earl of Pem- 
 broke, and of his castle of the manor of 
 Wexford, by military service, viz., 40s. 
 royal service when scutage runs, and 
 suit of court : — that the said parcel was 
 divided ; of which Rathaspeck belonged 
 to Richard Codde, to be held for ever 
 of the said manor ; and that Ballyhure 
 belonged to Ilamyn Lamport, and was 
 parcel of the same manor, to be held for 
 ever of the said Earl : — that Richard C 
 died so seised, 14 Ric. II., and Nicholas, 
 his son and heir, was then aged seven 
 years ; wherefore his ward and marriage 
 belonged to the Iving, and was worth 
 yearly 2Gs. Sd. ; and also that Martin 
 C. occupied the said lands and tene- 
 ments from tliat time. He, being dis- 
 trained, pleaded that Rutlias[)uck was 
 held of the castle of W'cxf'oi-d 1)\- the 
 
 service of rendering a rose yearly, and 
 not by military service : but this was 
 denied by the King's attorney-general. 
 The Court of Exchequer not being 
 advised, the barons postponed the case. 
 _[Mem. Rolls, 20 Ric. II.] In the 
 proceedings of Parliament, 16 Edw. 
 IV., cap. 31, it was ordered that 
 " Nicholas and Martin Codd appear or 
 lose their tytle in three plowe lands In 
 Rathaspicke for ever, and the tytle of 
 Robert Browne, of Wexford, merchant, 
 to the same, ratified." Another act is 
 recited, that David Codd of the Carne, 
 and Nicholas and John Codd, should 
 appear before the Barons of the Exche- 
 quer on a certain day, or forfeit their 
 title, and that they had made default. 
 —[Acta Regia, AdcUt. MS. Brit. I\Ius., 
 4801, p. 7.] Nicholas Codd, Esq., of 
 Carne, died in 16G4, seized of the cas- 
 tle and lands of Rathaspeck. — [Inquis. 
 Exchcquei'.] Rathaspuc signifies the 
 bishop's rath or fort, and may have 
 been the ancient residence of the Bi- 
 shops of Wexford. Tlie cliurch is still 
 considered the mother church of Wex- 
 ford, the incumbent of which is conse- 
 quently first inducted there. 
 
Counties of Kilkenny and Wexford, t^-c. 5 1 
 
 Item, y" said Jury present that y*^ said Edmund did take certaine 
 corne of Thomas St. John,* y^ elder, in y^ highway. And also 
 y^ said Edmund did take Patrick Stafford, y'' son of liichard Staf- 
 ford, in y^ highway. And as yett y*^ said Edmund holdeth an Irish 
 woman to his wife. 
 
 Item, y^ said Jury present that Walter Browne, gent, did take 
 Stephen Saint John in y^ highway, and him did lead to his castell, 
 and there him did imprison after his OAvne use, contrary to the 
 Kinge's laAves, till he had his fyne. 
 
 Item, y'^ said Jury present that Gerald Hay did take Patrick 
 Furlong "within y* towne of Wexford, and so retained him unto 
 such time that y'^ saffraine and comyns did rescouse him. And 
 also y^ said Gerald did take of Dan. Busher, butcher, a beefe that 
 was worth 125. 
 
 Item, y° said Jury present that Patrick Haye, son to Gerald 
 Hay,'' did take feloniously of William St. John his wife and of his 
 servant in y^ highway to y*^ valew of a noble. 
 
 Item, y^ Jury present that y^ 20"* yeare of y^ raigne of our said 
 Sovereigne Lord, that Alexander Roche, Lord of y* Roche land," 
 did take from Walter Stafford feloniously in y*^ King's highway to 
 
 * David St. John brought a plea be- Hay, son of William Hay, of Slade, 
 
 fore the notice of the Parliament, held and on account of the grateful and 
 
 in Wexford, 11 Edw. IV. (1472), of laudable services he and his progenitors 
 
 his having been ousted in a case of title had performed to the King and his pre- 
 
 from a house and 100a. in Taghmo- decessors in many times resisting ene- 
 
 hag)T (Tomhaggard), and a house and mies, and which he would perform in 
 
 three ploughlands in Monsyn, by John future, accipit eum in intimum amicum, 
 
 Rowcestre, Nicholas Devereux, and constituted him prefect of the Castle 
 
 John, son of William Hore, Esqrs., of Wexford, and granted him £50 in 
 
 Patrick and Eustace Rouceter, John the name of reward — [Rot. Claus.] 
 and Nicholas Synnot, James Browne, <= The family of Roche derive their 
 
 Hugh Rochfort, and John Kerr Syn- name from a rock in the western part 
 
 not, gentlemen, Thomas, son of said of Pembrokeshu-e, on which an ancient 
 
 John, and Marion Mareshall, to whom castle still stands in picturesque ruin. 
 
 St. John was cousin. The parties were Several early deeds of the Lords of 
 
 ordered to appear in the Court of Com- Roche have been recently published in 
 
 mon Pleas, or lose their title [Ah- the "iVrchajologiaCambrensis." Among 
 
 stract of Unpul)lished Statutes.] the munimc^nts of the Welsh stem is 
 
 *> Henry the Sixth, in the fifth year one of the Irish branch, dated 31st 
 
 of his reign, at the request of Nicholas Edw. III., by which David de Rupe, 
 
 E 2 
 
52 
 
 The Presentments of Juries of the 
 
 the valew of 40^. in money and other goods of y*' said Walter Staf- 
 ford. And also that y® said Alexander Koche did take feloniously 
 
 Dominus de Fermoi, constituted Wil- 
 liam de R. of Wales, David de R., 
 merchant of Wej'seford (Wexford), 
 and Richard de R., his bailiffs to take 
 seisin of his manor of Manor Bir (the 
 birth-place of Giraldus Cambrensis), 
 and Pennaly, to hold courts, levy rents, 
 &c. Adam de Rupe was one of the 
 earUest invaders of Ireland ; he is one 
 of the witnesses, with Dominus Eustace 
 de R., to Walter of Ridlesford's char- 
 ter to Donnybrook [Regist. All Hal- 
 lows, 67, 68.] By a deed, not dated, 
 enrolled in 1617, at the request of Piers 
 Sinnott, gent. [Printed Rolls, 15 Jac. 
 I., p. 827] Gerald de Rupe granted to 
 David Fitz-Adam Sinad, "his kinsman, 
 for his homage and service, all the land 
 lying between the divided lands of John 
 de Rupe on the one side, and the port 
 of Wexford, as the water runs from the 
 bridge of Poh'egan" (the river Sow 
 or Sue, passing through Poulregan 
 townland) "into the said port, on the 
 other side, to hold to him and his 
 heirs at the rent of one bisaneam 
 [bezant] of gold. Witnesses, G. de 
 Mariscis, Lord Justice of Ireland" 
 (anno 1210) ; Thomas Fitz Anthony 
 de Senleger, Philip de Prendergast, and 
 Gerald, his son ; William Grasse, Wil- 
 liam, Baron of Naas ; Walter de Revels- 
 ford, Richard de Cogan, Adam, Lord de 
 Rupe; Eustace de Rupe, David Fitz 
 Henry de R., Henry de R., his brother; 
 Gilbert, John, and William deR., Adam 
 Fitz Richard de R., William and Henry 
 de R., his brothers; Robert de St. 
 James, parson ; Eustace, William, Al- 
 bic, and William de St. rJames, Adam 
 de Rupe, brother of Gerald; Wil- 
 liam, John, Redmond, Henry, and Ni- 
 cholas, sons of Adam Sinad ; Geoffrey, 
 
 the clerk, and others." This deed shows 
 that Gerald was then lord of the dis- 
 tricts on the northern bank of the 
 Slaney, which are stiU known as 
 Roche's-land and Sinnot's-land. Su* 
 Thomas Fitz Anthony de St. Leger 
 was Seneschal of Leinster ; King John 
 gave' him the custody of Waterford 
 and Desmond, with Waterford and 
 Dungarvan Castles. His five coheu'- 
 esses are named in a roll of 16 Henry HI. 
 — [Report Irish Record Com., vol. i., 
 pp. 334—5.] The eldest, Helen, was 
 married to the above-named Gerald ; 
 Dionisia to WiUiam of Cantilupe; 
 Isabel to Geoffrey Calf (or le Vale) 
 of NoiTagh ; Margaret to John Fitz 
 Thomas (ancestor of the Earls of Des- 
 mond) ; and Dissere, the youngest, to 
 Stephen Archdiacon. 
 
 Gerald is stated in the Gorman stown 
 Register [Lansdowne MS.] to have 
 married Rose, fourth coheiress of John 
 le BotiUer, by Matilda, daughter of 
 David, Baron of Naas ; and to have 
 had a son, (jeorge, whose son's name 
 was John. This George obtained 
 a certain writ from the crown, 2 
 Edw. H. ; was summoned as a peer of 
 Pai-hament (with WiUiam de R.) in 
 the following year; and his services 
 against the Scottish and other enemies, 
 during Bruce's invasion, are acknow- 
 ledged in a royal order of the thu'teenth 
 of the same reign. — [Rot. Pat.] He held 
 Jive knight's fees in Fernygynan by suit 
 and payment of £10 royal service when 
 scutage ran ; and also nine and a half 
 kniglit's fees in Schryrmal and Kynalo, 
 by suit and payment of £9 royal ser- 
 vice. Tliese large possessions were 
 held in the county of Wexford from 
 Aymer, Earl of Pembroke — [Inquis 
 
Counties of Kilkenny and Werfoi'd, ^c. 
 
 53 
 
 of William Morroghe to y*^ value of 40^., and did inii)rison him 
 contraiy to y"^ King's lawes. And y*" same Jury do also present 
 
 Tur. Lond., 17 Edw. II., No. 75.] He 
 was one of the great magnates to whom 
 Edward I. wrote in 1299, commanding 
 him to prepare himself with horses and 
 arms to serve in Scotland [Holinshed] ; 
 and is named in Rymer as again sum- 
 moned to Scotland in 1302 and 1315. 
 His share of a third of the barony of 
 Xaas was divided, about the time of 
 Edward lY., between Margaret and 
 Anastace Flattesbury, as his coheirs. — 
 [Carew MS., 611.] 
 
 Henry the Second assigned the ser- 
 vice, inter alia, of Fernegenal [Conq. 
 of Ireland, c. 3081 ; Fernegenelan, Har- 
 ris's Ware, p. 191] and Ferns, with 
 their appurtenances, toTthe Lordship of 
 
 Wexford [Note in Arch. JMisc, vol. i., 
 
 p. 28.] Probably it was the latter and 
 not the former that was granted to 
 Prendergast — (see p. 41, supra.) 
 
 The annalist Clyn notices, in his too 
 scant allusions to the events which 
 followed the slaughter of the Earl 
 of Louth, that Sir William Birming- 
 ham and his family remained in the sum- 
 mer of 1331 in the woods of the monks 
 of Dowske (Graignamanagh) ; that 
 there Sir Eustace Power married the 
 daughter of the slain nobleman; that, on 
 the following sabbath, nine of the Roches 
 were slain, among whom was one of the 
 family of Fermoy ; and that a son of 
 George Roche, a relative of Sir Wil- 
 liam Birmingham, was taken captive 
 when returning towards Fernegylan 
 from these sylvan nuptials. 
 
 Sir John Fitz George de Rupe, Knt., 
 is named second in a list of 120 
 knights, gentlemen, and freeholders of 
 the county, who were summoned in 
 1345 to attend the Lord Justice witli 
 their horses and arms [Extract from 
 
 Rolls., MS., penes nuper Sir William 
 Betham.] He had also been summoned 
 to the war in Scotland, in the year 
 1335, among others of the same county, 
 viz. : — Sirs George Power and Mathew 
 Fitz Henry; and Richard Whittey, 
 Hamund de Stafford, John de St. John, 
 Reginald NevUle, Ralph INIeyler, and 
 Stephen Devereux, Esqrs. — [Rymer, 
 Appendix to Grace, p. 175.] Clyn 
 states that he was killed in 1346 by the 
 Ketyngs and Ilodnets. — [See also Cal. 
 Rot. Pat., 26 Edw. lU., p. 55.] 
 
 Sir William (Fitz-Eustace) Roche, 
 Knt., appears to have succeeded to 
 Roche's-land in the time of Edward the 
 Third; in the twenty-ninth year of whose 
 reign he was one of those who elected a 
 sheriff for the county — [Rot. Pat.] He 
 was appointed Constable of Ferns Cas- 
 tle 23rd November, 1346.— [O'Reilly's 
 MS., R. I. Acad.] In the third year of 
 Richard the Second he forfeited his 
 lands, under the name of Sir Wilham 
 
 dela Roche, Knt [MS. Excerpt. Rot. 
 
 Excheq., 4 R. II., m. 89.] By inquisi- 
 tion taken at Carlow, 13 Henry IV., it 
 was found that among the knight's fees 
 due in the county of Wexford to the 
 late Thomas Mowbray, Duke of Nor- 
 folk, were, from the barony of Shyr- 
 niull and Kynallyone, coming to £10 
 yearly, and five from the barony of 
 Fernegenagk, paying the same [Ca- 
 rew MS., 611.] On comparing these 
 tenures with those above mentioned, 
 which were held of Valence, it is 
 evident that the fee of the lands in 
 Wexford, belonging to the Lords Mar- 
 shal, had been divided between Bigod, 
 Ivdvl of Norfolk, and "\'alence. 
 
 John Roche and Thomas Synnot 
 were tonimissioncrs in the raiitred of 
 
54 The Presentments of Juries of the 
 
 that y^ same Alexander Roche did take Ellen Forlong feloniously, 
 and kept her person unto such time he made her fyne. Also they 
 present that y^ said Alexander with his company did burne felo- 
 niously a bote of John Lyng that was worth 46^. 8(/. And that 
 y'^ said Alexander did take feloniously of William St. John a plough 
 horse. And did take of Walter Talbot feloniously xP in money, 
 and a sword that was worth 135. Ad. And the same Jury present 
 also that y* said Alexander with his followers, William Synnet and 
 others moo, did take of Thomas Synett's wife feloniously a horse 
 that was worth 405. 
 
 Item, y^ same Jury present that Bryan M'^Teage, Moynorth 
 Roch, his servant, killed feloniously Robert Roch, James Dennis 
 his servant, in y^ Kings river, and the said Roch and his company did 
 take Thomas Lynse feloniously, and certaine goods to y* valew 
 of 405. 
 
 Item, y'' said Jury present that Walter Roch, y® son of Nicho- 
 las, did take James Howre feloniously, and tooke of him for his ran- 
 som 5 marks. And the said Walter did also take Robert Bolan 
 feloniously, and took of him a ransom to y^ valew of 405. And y^ said 
 AValter tooke feloniously Philip Montaine, Eustace O'Morro, Wal- 
 ter Saint John, and divers others amongs the Irishmen, and they 
 present them. 
 
 Item, y^ said Jury present that Edmund Roch, son of y* said 
 Walter Roch, did take feloniously from William Taylor a s^vyne 
 that was worth 8'. And that he did also take feloniously from 
 Thomas Forlong 1'*' of silk to y*" valew of 2 markes. 
 
 Item, y"^ said Jury present that John Roche and Garrett Roche, 
 
 Faryngevule (now the Bai'ony of Shel- was found to have died 20th August, 
 malier West), for levying 300 marks, 1516, seised in fee of the manors of 
 granted, 13 Henry IV., to the valiant Ballytorrin, alias Balljlorchan, Horse- 
 Thomas Butler, brother of the Earl of town, and Ardtroman, held of the Earl 
 Ormond, Prior of Kilmainham, and of Shrewsbury, by military service ; 
 commander of the Irish force at the that his son, Alexander, was then aged 
 sieo'e of Rouen. The grant was a pre- 18, and under the Earl's guardianship, 
 sent from the county of Wexford to the which had been committed to John 
 
 Prior for warlike services [Rot. Pat., Bretchet, the Earl's seneschal ; and 
 
 p. 201.] By inquisition taken in 1582, that the said Alexander married Alison 
 
 Walter Roche, late of Roche's-land, Devereux [Excheq. Records.] 
 
Counties of Kilkenny and Wexford^ S^'c. 
 
 55 
 
 Sonne unto Walter Roche, did take feloniously from William Taylor 
 in y*^ King's highway y'' valew of 3^. 
 
 Item, y'^ said Jury present that Edmund Roche, son unto Wal- 
 ter Roche, feloniously did take in y*" King's highAvay from a priest 
 much linnen cloth and a booke to y^ valew of 1 3s. 
 
 Item, y^ same Jury present that William Roche, son to y'^ said 
 Walter Roche, and his followers, tooke of William Taylor felo- 
 niously in the highway the valew of 3^. 4d. 
 
 Item, y^ said Jury present that y*" 26*'^ yeare of y*^ raigne of our 
 soveraigne Lord, Philip Fm-long,^ and William, his brother, with 
 
 •■» Philip Furlong, of Carrigmenan, on 
 the Slaney, a place celebrated for the 
 beauty of its scenery. The follow- 
 ing is a copy of the original, among the 
 title deeds of the family of Devereux, 
 late of Carrigmenan : — . 
 
 " Sciant presentes et futuri quod ego 
 Nicholaus Keting, rector de Tamon, 
 dedi, concessi, et hac presentibus 
 confirmavi Johan' fil' PhiUp' Furlong 
 de Cargemanan, generoso, unum mes- 
 suagium et unam carucatum terrte cum 
 suis pertinentibus in C — un' mess' et 
 sexaginta acr' ter' cum suis pert' in 
 Monchean ; un' mess' et octaginta acr' 
 ter' in Ballyethyn ; un' mess' et sexa- 
 ginta acr' ter' in Anleghesland ; un' 
 mess' et sexaginta acr' ter' m Follegh- 
 eston, quae jacent inter Cargemanan 
 predict' et Homeston. Unum mess' et 
 un' car' ter' cum &c. in Bregertln in 
 paroch' de Kylbride ; un' mess' et octa- 
 ginta acr' ter' &c. in GorgjTimore, in 
 par' pred' ; un' mess' et sexag' acr" ter' 
 in Keyvaneston juxta Roweston ; un' 
 mess' et octag' acr' ter' in RoAveston ; 
 un' mess' et vigint' ac' ter' in Ballyhit 
 juxta R. ; im' mess' et un' caruc' in 
 Yougeston; un' mess' et un' car' in 
 Waddynston; un' mess' et octag' ac' 
 ter' in le Heghton ; un' mess' et sexag' 
 acr' in le Moreton ; un' mess' ct un' 
 
 car' et vigint' acr' in le Moreton juxta 
 TyUakenay; un' mess' et duo car' in 
 Cowlmakelan ; un' mess' et un' car' in 
 Woolkeenesbagard ; un' mess' et sexag' 
 acr', in le SkevjT que jacent inter le 
 V}Te Roke et Kylmanan ; et duos 
 soHdos capitali redditi ex Augean." 
 Dated 1st December, 16 Henry VIII. 
 (1524) "His testibus tunc presentibus, 
 Thomas Furlong, Nicholas Bryan, et 
 Nicholas Ilore, cum multis aliis." 
 
 By deed of feoffment, dated at Kairg- 
 manan, 4th August, 1539, PhiHp Fur- 
 long, of C, gent., gi-anted to Thomas 
 Rosseter, of Rathmanee, gent., and Sir 
 Walter R., rector of Taghmon, his 
 town and manor of C, Avith a plow- 
 land and a half, containing 180 acres, 
 and gave seisin to them ; and the next 
 day, in presence of Patrick Stafford, 
 sovereign of Wexford ; Sir Thomas 
 Browne, prebendary of Clone ; Nicho- 
 las Rochford, recorder of Wexford; 
 and divers others, declared that they 
 should stand seised to the use of Patrick 
 Alen, of Wexford, merchant, and his 
 heirs, for 61 years, from the 30th Sep- 
 tember, at the yearly rent of two marks 
 and a half; with all casualties, as traces, 
 heriots, wi'ecks, strays and waifs, with 
 a prize fish every Wednesdmj, if it 
 should he taken [Bibl. Egerton, No. 
 
56 
 
 The Presentriients of Juries of the 
 
 their followers, did take of William S' John feloniously 18 salmon, 
 of Powell Turner 7 salmon, in the King's river^. And they pre- 
 sent that y" said Philip did take feloniously fi'om Ro. Canton a cow 
 with her calfe. 
 
 Item, y^ said Jury present that y^ Q^"^ yeare of said soveraigne 
 lord, Walter Roche, y'' sonne of Nicholas, burned feloniously the 
 church of Killpatrick'' in Rochesland, wherein [were] certain Chris- 
 tian people with much goods. 
 
 Item, y^ said Jury present that in y'' 29^'' yeare of y* raigne of 
 our i^overaigne lord, Sir William Keting, Master of Ivilklogan, with 
 his folowers, kept fire in y*^ steeple doore of S' Johns,*^ untill such 
 time as he had out the warde that was within. 
 
 Item, y'^ said Jmy present that Hammond Stafford*^ of Ballecon- 
 nor, gent, tooke William S' John feloniously in the King's high- 
 
 75, p. 220, Brit. INIuseum.] In 1638, 
 6tli May, James Furlong, Esq., of C, 
 sold his large estate for £2500, to 
 Robert Devereux, Esq. 
 
 * The right of fishing for salmon in the 
 tideway of the Slaney was and is a pub- 
 lic right. Some of the owners of land 
 along the banks of the river owned 
 wicker weirs in the stream. By inquisi- 
 tion, No. 130, Car. I., Tliomas Furlong, 
 of Carrigmenan, was found seised of two 
 fish weirs. Su- Henry Wallop, of En- 
 niscorthy, was seised, in right of Sels- 
 ker Priory, of half the tithe of all fish 
 brought in cots from the country to the 
 parish of St. Peter's, Wexford — [In- 
 quis. Lagenife, 1610.] 
 
 ^ Kilputrick. — The church of this 
 parish is situated on the north side of 
 the Slaney, over Ferry- Carrig bridge. 
 This church is lately disused. It stands 
 in the fine demesne of Saunders-court, 
 the seat of GUes, Esq. 
 
 "^ St. John's Hospital stood outside the 
 walls of the town, near St. John's Gate. 
 It was founded in the twelfth century by 
 AVilham Marshall, Earl of Pembroke, 
 for Knights Hospitallers, or of St. John 
 
 of Jerusalem. Antecedent to the abo- 
 lition of the Templars, this house, ac- 
 cording to Archdall, was the grand 
 commandery of the former Order : but, 
 subsequently, the consequence of this 
 priory gi-adually diminished, and the prc- 
 ceptory of Ivilmainham being gi-anted 
 to the Hospitallers, the latter imme- 
 diately became the grand commandery 
 of their Order. The Master of Kilclo- 
 gan Hospital (near the promontory of 
 Hook) may have had some authority 
 with respect to this establishment. 
 
 <* Hamond de Stafford is named 
 among the gentlemen of the county who 
 were summoned in the year 1335 to 
 attend the wars in Scotland — [Appen- 
 dix to Grace's Annals.] 
 
 This family were formerly distin- 
 guished and numerous. Their principal 
 castle was Balljanacarne, in the barony 
 of Forth, which was held by knight's 
 service, in the year 1323, from the 
 Earls of Pembroke. — [Inquis. Tur. 
 London.] The Heraldic Visitation of 
 the county, made in 1618, by Sir Daniel 
 Molyneux, Ulster King-at-Arms, con- 
 tains a pedigree of the branch ol' the 
 
Counties of Kilkenny and Wexford^ S^'c. 
 
 57 
 
 way, and imprisoned him in his OAvne house ; and the said Hammond 
 tooke feloniously in y^ King's highway from Walter Cooke 3 markes 
 of money, of y^ which he made restitution of y*^ whole summe to y^ 
 said Walter Cooke. 
 
 Item, they present y^ said Hammond did follow Matthias S* 
 John, the son of Thomas S' John, and did drive him into y® sea ; 
 but he Avas not drowned. 
 
 Item, y^ said Jmy present that Tuesday after ]\Iichaelmas day 
 y« 26*'' yeare of y^ raigne of our soveraigne lord, Walter Browne, 
 gent. Tho. Rouseter,^ gent.. Sir Tho. BroAvne, parson, Rob. Roche, 
 y^ son of John oge Roche, Avith theyr foUoAvers, did set fire to y*-" 
 doore of y* hall of S' Patricks feloniously, and brought out y® Mas- 
 ter, Keting, and sent him to ward, and y*^ same day y*^ said clyents 
 made a Aaryaunce and so killed one man or tAvo. 
 
 Item, y*^ said Jury present that one John Keting, y* son of 
 
 family that resided at Ballyconnor, in 
 the same barony. The first named 
 is Hamond, whose descendant in 
 the fourth generation, Dionysius, mar- 
 ried Anastace Berkeley; their son, 
 Hamond, married a daughter of Fitz- 
 Henry, baron of Elkevan. His son 
 built the tower which still stands, as 
 shown by a stone in the wall above the 
 door of the hall or principal apart- 
 ment, bearing this inscription :— 
 
 IBionisius StaffotU tjt ISaliconor et lta= 
 ttrina Stnot uxor cius lolO [query 1570?] 
 struiciint I^anc Bom. 
 
 His wife was daughter of Simon 
 Sinot of Ballygeary. He died in 1579. 
 — [Inquis. Excheq.] His son, Hamond 
 StaflFord, Esq., died in 1630. "Tlie 
 homage, fealty, and escuage of the in- 
 heritor of Moche and Little Ballycon- 
 nor, &c., were due to the manor of 
 Ballymackarne." — [Printed Inquisi- 
 tions.] 
 
 " The heirs of John and Gregory 
 de Rowcestre held three carucates or 
 ploughlands in Ralhmacnech, anno 
 
 1,333 — [Inquis. Tur. Lond.] Robert 
 Rowcestre claimed to be patron of 
 Rathmacnee Church, anno 1357 [Re- 
 gister of All Hallows, p. 67.] John 
 Rowcestre, Esq., was constituted senes- 
 chal of the liberty of Wexford by John 
 Talbot Earl of Shrewsbury, 21st Nov., 
 29 Henry VI., by order dated at Wex- 
 ford by this celebrated general [Cal. 
 
 Rot. Pat., p. 265.] Thomas Roose- 
 t}'r was seneschal of the county, 9 Henry 
 VII [Mem. Roll, in the Exche- 
 quer.] He married Constance Staf- 
 ford. His son, John Rossiter, Esq., 
 married a daughter of Sir Nicholas 
 Devereux, Ivnt., and died in 1586. 
 Colonel Thomas R., of Rathmackne, is 
 said to have married a sister of the fa- 
 mous Sarsfield, and to have been 
 drowned in going to France, in the 
 year 1690. In Clarke's life of James 
 the Second, " Colonel Rossiter in Lin- 
 colnshire," is mentioned as one of the 
 principal royalists after the death of 
 Cromwell. Rathmacnee Castle is one 
 of the most perfect of the castellated 
 dwellintrt^ rcmaininsr in the countv. 
 
58 The Presentments of Juries of the 
 
 Philip Keeting, did put hand violently to bring sir Richard Kinay 
 out of our Lady church ; and then he was rescoused, and so upon 
 that he was restored. 
 
 Item, y* said Jury present that one John, Bishop of Femes, 
 sir William Keting, Master of Kilklogan, and theyr followers, tooke 
 in y* King's highAvay feloniously Thomas Turner, John Forthlaw, 
 John Stafford, John S* John, and imprisoned them in y^ Bishop's 
 prison. 
 
 Item, y^ same Jury present that Rob. Hoore of Harperston** 
 took Patrick Lyng and Patrick Mok feloniously, and so impri- 
 soned them in irons, to theyr costs and damages of 40^ and more. 
 And y^ said Ro. Hoore tooke feloniously of Tho. Sennett, husband- 
 man, of y^ parish of Thomhagger, in kye and plough horses to y^ 
 value of 1 2 marks. 
 
 Item, y*^ said Jury present that y*^ sufE'eyn and comyns of y^ 
 Towne of Wexford kept fire to the doore of y® steeple of S^ Johns 
 for to fett out a thyef that made escape out of y^ towne gaole. 
 
 Item, they present that y® most part of y° Towne of Wexford 
 doe buy and sell with Irishmen in peace time, as all other citties 
 and townes of Ireland doth. 
 
 Item, they present that they know no provision but what bules*' 
 been put into y*^ chancellor's hands. 
 
 Item, they present that y* curates of y*" countrey out townes do 
 accustom to receave Qd. at weddings time, and 2d. at purification ; 
 and also find that ye curates doth take 5s. of men's wives when 
 they die. 
 
 Item, they present that Wadding'' of Ballycogly and his son 
 Richard forceably entered on Nicholas Wadding's lands of Water- 
 ford, that is to say Boryasses towne and y* Fassath. 
 
 * Robert Hore, of Harperstown, was By inquisition taken 12 Eliz., he was 
 
 eldest son of David (see p. 46). There seised of the castle and lands of Har- 
 
 was an inquisition taken, 1 Edward VI., perstown, held of Roche of Drinagh ; 
 
 on the extent of his lands. — [Index to of the castle and lands of Taghmon, 
 
 Inq. in Chief Rem. Off:, MS., T. CD., held of the Queen; and of other 
 
 E. 8, 4.] Wilhara, his second brother, lands. — [Inquis. Exchequer.] 
 
 succeeded him in 1547, and was knight '• i. e. Papal provisions and bulls, 
 
 of the shire in the Parliament of 1559. ■■ David Wadding was sheriff of the 
 
 —[Lynch's Feudal Dignities, p. o45.] county, temp. Hen. V — [Rot. Pat. 
 
Counties of Kilkenny and Wexford^ Sfc. 
 
 59 
 
 Item, y'' said Jury present that y^ hole Burgage Is 1 2d. by the 
 yere, "which burgage mounteth to y* sum of xvii score 5 and a ;^ of 
 a burgage. Some of this burgage holdeth by patients, some by 
 ostlacheis,"^ some by hospitall, more 3^. 3d. for bredwyk and alewyk, 
 405. for killing of flesh, and 3^. 4c?. for the nerreley ; and one quarter 
 of beef to y*^ constable'' every week once for 9'^betweene Martinmas 
 and Christmas, a quarter of mutton every weeke ones between May 
 and the feast of S* Michaell for \d. And this beefe and mutton to 
 be received of strange bouchers that come to the markett.' 
 
 p, 233.] The pedigree of Wadding of 
 Ballycogly is entered in the Visita- 
 tion, anno 1618. Thomas Wadding, 
 then of Ballycogly, was one of the 
 knights of the shire in 1613: he mar- 
 ried Margaret, daughter of John Eus- 
 tace, Esq., of Castlemartin. The 
 branch of this family that resided 
 in AVaterford were frequently mayors 
 of this city. On the restoration, the 
 estate of INIr. Thomas Wadding, of 
 Waterford, at I^barry, which is styled 
 by Bishop French in the "Unkinde 
 Deserter" " a deUcious place," and then 
 worth £1000 a year, was bestowed on 
 Sir George Lane. 
 
 * By " Ostlachies," here, is perhaps 
 meant " Owelty," a tenure by which 
 the tenant is bound to pay the same 
 services to the " mesn," or midiile-man, 
 as the latter owes to the lord-para- 
 moimt. 
 
 ^ Probably the constable of Wexford 
 Castle. 
 
 •= This verdict exhibits the remark- 
 able distinctness that existed, at the 
 time it was drawn up, between the En- 
 glish of the south of Wexfordshire (the 
 district they called "the King's land"), 
 and the Celtic inhabitants of the 
 northern parts of the county. This dis- 
 tinctness had been judiciously fostered 
 by the famous Statute of Kilkenny, 
 which was framed to prevent any such 
 intercourse between the colonists and 
 
 the invaded clans as had proved de- 
 structive to the interests of the former 
 people. It was still penal to hold an 
 Irishwoman to wife, because, obviously, 
 a Una ny Kavanagh, or a Sheela ny 
 Byrne, retained, with her mother 
 tongue, the same affection for her kins- 
 folk as Delilah (the "heifer" with whom 
 the Philistines "ploughed") to the 
 ensnarers of her husband, Samson. 
 By the laws of the Scottish border, the 
 townsmen of Berwick, Newcastle, &c., 
 were inhibited from furnishing the 
 enemy with armour and weapons, and 
 aU articles that would serve the foe 
 during war. And similar provisions 
 were providently introduced into the 
 statute restricting the trade with the 
 Irish borderers. Our Wexford mer- 
 chants of the time in question, however, 
 acted, either clandestinely or openly, in 
 the spirit of the Dutch admiral, who 
 fi-eely sold gunpowder to the opposing 
 squadron. 
 
 The violent attack made by the 
 Bishop of Ferns on some of the towns- 
 people of Fethard is capable of expla- 
 nation as probably a lawless endeavour 
 to coerce some refractory servants to 
 acknowledge him as their rent-lord. It 
 seems that, during those anarchal times, 
 any aggrieved squu'e, and even this 
 prelate, brought in the aid of some 
 moiuitain leader of savnge kernes to 
 further his designs, as unscrupulously 
 
60 The Presentments of Juries of the 
 
 COMPLAINTES. 
 To ■)/ right ivorshipfull the King's high Commissioners. 
 
 Grievously complaining sheweth unto your discreet wisdomes 
 your daylie orator Walt. Devereux of y^ parish of Kylkevan in the 
 
 King's land, husbandman, how Thomas Roche, y* sonne of 
 
 Roche, servant unto Rob. Roche son of John oge Roche, came the 
 12"' day of June this present yeare, and did stele from yom' said 
 complainant 3 plough horses and a hobby, which cannot be denied ; 
 for it is proved upon y'' said Thomas by y* arbitrement of Ham- 
 mond Stafford and of Walter Devereux, gentlemen ; but this not- 
 withstanding your said complainant cannot have restitution of his 
 said goods of y*^ said Robert, nor of his said servant. Wherefore 
 yoiu: complainant beseecheth your discreet wisdomes of remedy in 
 y* premises ; and this for the love of God and in y*^ way of charity. 
 
 This said Bill is found to be true by the Verdict aforesaid. 
 
 To y^ right worshipful the King's high Commissioners. 
 
 Greeviously complaining sheweth unto your discreet wisdomes 
 your daylie orator John Furlong, y*^ son of Michaell Furlong, how 
 that Sir Fowke Furlong, brother unto y*^ said complainant's fader, 
 was seized as well in his demesne as of fee of 20 plough land in the 
 Barony of Camross in the Fassath of Bantre, and so died seised 
 
 as Fergus M'lvor employed a clan We believe that much of the extreme 
 underling, a captain of thieves, to seize disorder in the English portion of Wex- 
 the Baron of Bradwardine's cows. The ford can be accounted for by the fact 
 feudal towtjrs of the rural lords were that their country was a palatinate, 
 used (to compare small things with Again, its lords, the Earls of Shrews- 
 great), like the castles of the robber bury, were absentees, so that the ad- 
 chiefs on the Rhine, for the incarcera- ministration of law in all its forms was 
 tion of wealthy wayfarers, insubmissive delegated to functionaries who either 
 peasants, and dunning townsmen. Even could or did not fulfil their duties with 
 churches were not always sanctuaries, sufficient rigom- to overawe the rude 
 although it was boasted that they had squirearchy and aristocracy of warlike 
 been so, legally and practically, prior to ages. The English interest and power 
 the invasion, and though fear and hope had sunk to its lowest ebb at the period 
 long caused them to be made use of as vuider review, and many causes coin- 
 asylums, to which the country peojile bined to make the work of social refor- 
 conveyed themselves and their good.s niation a truly herculean task lor the 
 during hostile incursions. politician. 
 
Counties of Kilkenny and Wexford^ Sfc. G 1 
 
 this present yeare ; after whose death your said complaynant, as 
 heyre unto y^ said Sir Fowke in y^ premises, would have entered, 
 but that notAvithstanding, John Furlong, the sonne of William 
 Furlong of y^ Hortowne, violently with force and armes, Avithout 
 any title of right do interrupt trouble and vex daily your said com- 
 playnant that he cannot brouke nor injoy his said inheritance 
 according to right and conscience. Wherefore your said orator 
 beseecheth your discreet wisdomes of a remedy in y'' premises ; and 
 this for y^ love of God and for charitie. 
 
 This bill is found to be true by y'' Verdict aforesaid. 
 
 To y" right xcorshipfiil the King's high Commissioners. 
 
 Complaining sheweth unto your discreet wisdomes your true 
 and faithful servant and daily orator James Turner, Burges of y^ 
 Towne of Wexford, how that his father Patrick Turner was seised 
 as well in his demeane as of fee of 26 acres of land with their appur- 
 tenances in and about y^ towne of Gracormock in y*^ manor of 
 Ballymore, by deed of coppyhold conserning y^ same, and thereof 
 died seised ; after whose desease your orator in y*^ premises did enter 
 and peacably did broke and enjoy the same lands, till such time as 
 one Philip Keteing of Baldynstone, gent, violently with force and 
 armes the 20"" day of August in y^ 22*^ yeare of y*^ raigne of our 
 soveraigne lord King Henry y^ 8"" in y*^ premises did enter, and so 
 kept y** said lands by force during y® space of 2 yeares, to your said 
 complainant's costs and damages of £40 and more ; whereof your 
 complainant besech your discreet wisdomes of remedy in y^ pre- 
 mises, and this for y^ love of God and for charity. 
 
62 The Presentments of Jmnes of the 
 
 THE VERDICT OF Y" INHABITANTS OF Y^ TOWNE OF ROSS. 
 [October, 1537.— MS. State Paper Office.'] 
 
 WALTER HYDE. JAMES WHITE. NICH. GREGORY. 
 
 THO. BUTLER. JOHN BENNETT. WILL. BENNETT. 
 
 JAMES TRAVES. WILL. FRANCON. LAUR. COLLE. 
 
 J9HN CONWAY. ROB. ARCHER. ROB. SARY. 
 
 PIERSE FITZHARRIS. ROB. CONSCIENCE. LAW. NEVILLE. 
 
 PIERS M"^FYN. THO. ROCHE. JOHN FITZ GEOFFREY. 
 
 JOHN LEYNAR. PYERS YOUNG. 
 
 First, y® said Jury present that Thomas Bp'ton, which was at- 
 tainted for treason, had at y^ time of his death of his owne proper 
 pm'chase within the franchises of Rosse, 12 acres of arable land 
 which perteineth to our Soveraine Lord y^ King that now is, by 
 reason of y^ said attainder. And one Walter Archer hath eight of 
 y^ said acres in morgage. And y'' said Jury present that Nicholas 
 Byrton had in liis possession at his death within y*^ Towne of Kosse 
 16 messuages of Growne and Culverhouse, one conygre^ lying 011 
 y® east part of y® water of y^ King's Mill, and of 6 acres parkes of 
 Growne, 1 parke containing 4 acres withm the franchises aforesaid; 
 and of 1 3 acres errable land lying within y® franchises aforesaid ; 
 and of one acre of land called Palmeris cerrean ; and of one acre 
 of land and a windmill, now being wast, upon y^ same, lying within 
 y^ said franchises adjoining to y® said conygre, conteyning by esti- 
 mation 7 acres of errable land, lying to y® ground of Mongarratt, 
 within y® liberty aforesaid, conteyning 6 acres of land errable ; and 
 of one messuage in Fydart^ in y'' county of Wexford ; and of one 
 acre of land lying be south of y^ Mole Castle f and 2 acres land 
 lying to Byrton's great oke, conteyning 4 acres. 
 
 * A rabbit-warren. "■ The " Mole Castle" may either have 
 
 '' Fethard. — One of the earliest built been a tower built on a mole or pier in 
 
 towns of the Anglo-Norman colony in the river, or may be that which gave 
 
 Wexford. Its castle belonged to the the name to " Castle Moyle," a small 
 
 See of Ferns. townland in the neishbourhood. 
 
Counties of Kilkenny and Wexford^ ^x. 63 
 
 Item, they present that there is 2 mills with y^ appurtenances, 
 now bemg waste, lying within y'= lyberty aforesaid, and adjoining 
 upon y" water of y'^ Castle^ perteineth to y'^ King, and another mill 
 also, which M^Ai'te"^ made waste. 
 
 Item, y'' said Jury present that the Ferry"" and y*" meadowes of 
 Kosse perteineth to y'' King, the Commons of y® said Towne paying 
 to the King 10^. yearly for y'' Ferry and 5s. for y*^ meadowes. 
 
 Item, y*" said Jury present that one Walter Oke Walsh*^ of y"^ 
 county of Kilkenny do usurp upon y*" King's possessions of a place 
 called y® Stone-house, with the appurtenances, which was found to 
 be the King's by inquisition in times past. 
 
 Item, y*^ said Jury present that y*" lands of John Keiting be 
 escheated to y^ King, as by inquisition made before this time ap- 
 peareth. 
 
 Item, they present that 3 acres of land lying within y'^ Lyberty 
 aforesaid by Fosterford being escheated to y'' King. 
 
 Item, they present that Scareynicoll, containing 40 acres, lying 
 witliin y'^ franchises aforesaid, is escheated to the King, as appeareth 
 by inquisition made before this time. 
 
 Item, they present that one Robert Roche, y^ son of John Roche 
 of y® county of Wexford, did this present yeare, contrary to y*" King's 
 peace, cut off y® hand of one David Duffe, mariner of Rosse afore- 
 said. 
 
 Item, they present that Nicholas Roche, then being Seneschall 
 of the county of Wexford, with divers nations of the said county, 
 
 ^ The charter to Dunbrody Abbey, dug up on the site of the castle of Old 
 
 dated April 1, 1233, given by Richard Ross, and are now in the Museum of the 
 
 Marshall Earl of Pembroke, is dated Kilkenny ArchsEological Society. 
 
 at the castle of Ross [Add. MS. ''Mac- Art; i.e. the sonofAi-t; one 
 
 4787, Brit. Mus.] This fortress, which of the clan Kavanagh. 
 was situated at the place now called ■= This would seerii to show that the 
 
 Old Ross, must have been a consider- old bridge erected by William IMarshall 
 
 able one, has shared the fate of Wex- Earl of Pembroke, and which gave to 
 
 ford Castle, and also of that built at the town the ancient name of Ross-pont, 
 
 Ferry-Carrig on the site of the en- or " Nova villa pontis Willielmi Mares- 
 
 trenchment so well contested by the first calli," had long while disappeared. 
 invader, Fitz-Stephen. Two very cu- 'i Probably one of the Walshes of the 
 
 riousgourgoyles, or water-spouts, of the Walsh iMountains, wiio had also pos- 
 
 Norman period were some time since sessions in Wexfordshirc. 
 
64 
 
 The Presenhnents of Juries of the 
 
 that is to say y^ Keitmgs,^^ Suttons,** Furlongs, <= Hores/ Hays,* Fitz- 
 Henrys, Devereux', Synnotts/ and Nevilles,® have feloniously taken 
 away with force and armes from y'' commons and burgesses of y* 
 towne of Rosse aforesaid a 100 kine 1000 sheep, 40 plough-horses 
 and 2 hackneys, and tooke 6 men of y*^ Towne aforesaid prisoners 
 with them, for pledge of ransom to be made, of y"^ which as yet they 
 have had no recompence. 
 
 Item, they present that Nicholas Hore'' of Harperston, with 
 
 ^ The Keatings were one of the prin- 
 cipal Strongbonian famiHes of the 
 county of Wexford. Baldwin and Ro- 
 bert Keting are witnesses to the charter 
 of William Marshall, Earl of Pembroke, 
 to Tintem Abbey. The eldest house 
 had the title of Barons Keating of Kil- 
 cowan. Their descent is given in the 
 Heraldic Visitation of the county, anno 
 1618. 
 
 '' Sir Roger de Sutton is one of the 
 witnesses to the charter of William 
 Marshall, Earl of Pembroke, to Dun- 
 brody Abbey — [Cal. Rot. Pat. Hib., 
 p. 175.] 
 
 Ballykeroge, a castle of unusual di- 
 mensions, in " Sutton's Parish," near 
 Ross, was their chief house. Junior 
 branches lived at Old Court, Ballysop, 
 and Priestshaggard. We were told by 
 Mr. Sutton, late of Clonmines, then 
 (1849) an aged man, that it was tradi- 
 tionally handed down in his family, that 
 Ballykeroge Castle, having withstood 
 the Parliamentary forces, was fired, 
 and twenty-three of the name of Sutton 
 therein consumed, — two only escaping. 
 
 «^ The Furlong family were numerous. 
 They first came to Ireland from a place 
 of that name in Devonshire. Eleven 
 gentlemen bearing it were summoned 
 in 1345 to attend the military expedi- 
 tion of that year against O'Brien. Their 
 chief house was Horetown, near Tagh- 
 mon. John Furlong was knight of 
 
 the shire in 1613, and owned the manors 
 
 of Camross and Bridgestown, &c 
 
 [Printed Inquis. Lageniae.] Another 
 branch owned the manor of Carrigme- 
 nan, which they sold in 1635 to the De- 
 vereux family. The pedigree of the 
 line that resided at Davidstown, in the 
 Glynn, is given in the Visitation, anno 
 1618. 
 
 =* The principal families of this name 
 were of Pole-Hore and Harperstown. 
 The descent of each of these two lines 
 is given for eleven generations in the 
 Heraldic Visit, of the county, anno 1618. 
 
 ^ The Hays were a barony of Forth 
 family, and owned the Towers of Hill, 
 Slade, Tacumshene, &c., — and Castle- 
 haystown, in Bantry. 
 
 *' The Sinnotts grew to be the most 
 numerous race of gentry in the county. 
 Their chief house was Ballybrennan, in 
 Forth. They also owned "Sinnotts- 
 land," a large tract from Castlebridge 
 to the sea, which had been granted 
 
 them in the thirteenth century 
 
 [Printed Calendar of Patent Rolls, 
 15 James I.] 
 
 s Sir Geofiry Neville is one of the 
 witnesses to the Charter to Waterford, 
 
 dated 1205 [Chartre Privileg. Hib., 
 
 p. 14.] The Nevilles were Barons of 
 Roscarlan, now called Rosegarland. 
 
 ^ He was elder brother of David (see 
 page 46), and married first a Kava- 
 nagh, secondly, Joan, daughter of 
 
Counties of Kilkenny and Wexford, ^'c. 65 
 
 certeine others with him of y^ said countrye of Rosse, and Furlongs, 
 robbed certain men of y^ towne of Rosse in a place called Beallugh, 
 being in a boote'^ of the said countrey, y*^ yeare aforesaid. 
 
 Item, they present that about 1 2 yeares past one Hamond Staf- 
 ford and his company, then being with him, of y* said country of 
 Rosse, drowned three men with y^ boat and y'= goods of the Towne 
 aforesaid, by a creek called Ballythick in y" same county, whose 
 names here ensueth ; that is to say Thomas Somry, John Britton, 
 and John Morsoo. 
 
 Item, they present that one Fitz-Harry that now is, of Kilke- 
 van, robbed y" Towne of Rosse, and killed a man within the Ly- 
 berties of the said towne. 
 
 Item, the said Jury present that y^ said Fitz-Harry that now is, 
 the 13"" yeare of y" raigne of our Soveraigne Lord, did take a pray^ 
 to the some and valew of £ 1 00. 
 
 Item, the said Jury present that Lamport*^ of Ballyhire in y*^ 
 county of Wesford, did take James Kent prisoner, and tooke from 
 him feloniously £8. 
 
 Item, they present that James Keiting of the county of Wesford 
 feloniously did take one plough horse from Richard Walsh of the 
 said town with certain plough irons and other goods. 
 
 Item, y* said Jury present that about 3 years past John Sutton's 
 son of Prysteshagard feloniously did take from Joane Brent and 
 Patrick Cully 7^. 8^. in ready money. 
 
 Item, they present that Gilbert Sutton of y® county of Wexford 
 feloniously did take from Piers Harry of y* said towne of Rosse 60 
 sheep of y® goods and chattalls of y* said Piers contrary to y*^ King's 
 peace. 
 
 Item, they present that y® said Gilbert feloniously did take from 
 
 Thomas Hcay, of Ivilliane ; and thirdly, <= Lamport, now Lambert, a Peni- 
 
 adaughterofEdmond Walsh, by whom brokeshire family that came over with 
 
 he had a son, Edmond, who was slain Strongbow. Hugh de Lamport was 
 
 by his uncle. — [Visitation of Wexford.] bishop of Ferns in 1258. Their pedi- 
 
 * " Boote" probably signifies a pass, gi'ee is entered in the Ilei-aldic A'isita- 
 
 or booter. tion of A\'^exford, taken in 1G18, by the 
 
 ^ "Prey" signifies the booty taken in Ulster King of Ai-ms. Their principal 
 
 creagh, or foray ; the term, as well as residence was at Ballyhire, near Gree- 
 
 the practice, is obsolete. nore. 
 
66 The Present7nents of Juries of the 
 
 divers other persons of the said county unknowen 100 sheep con- 
 trary to the Kinge's peace. 
 
 Item, y*^ said Jury present that John Sutton and William Sut- 
 ton of Bally keroke did aid and securre y* said Gilbert in taking of y^ 
 said sheep from y^ said persons unknown. 
 
 Item, they present that Patrick, John Koche and his sonnes 
 woundingof Richard Walsh and John Boy ofy® said towne contrary 
 to the King's peace. 
 
 Item, they present that Patrick, John Roche his sonne, feloni- 
 ously did take from Piers Morclowe of y* said towne of Rosse 3 kye, 
 and from Piers Harrys 40 sheep contrary to y^ King's lawes ; and 
 they present that John Sutton Avas receivor and maintainor of y*" said 
 Patrick and John in y^ said doings. 
 
 Item, they find that Care M^Arte'' and his company did kill a 
 man of y"" said towne of Rosse within y" gates, and a^so wounded 
 the porter. 
 
 Item, they present that Care M^Arte, Edmond Kevenagh, 
 Dowling Kevanagh, and Edmond M''Oone, with other of they re 
 company, did kill Nicholas Fitz-Harris and Patrick Chevyr** within 
 the franchises and without the gates of y^ said towne. 
 
 Item, y" said Jury present that Geffrey M''Savage,CahreM''Arte's 
 servant, feloniously contrary to y" King's peace did sley one William 
 Coskyer upon y" King's river. 
 
 Itera,they present that y'' said Cahyr M'^Arte and Edm. M'Oone 
 feloniously contrary to y*" King's peace did kill Richard Sutton of 
 Ballekerok and Richard Prendergast'' within the said franchises. 
 
 Item, they present that y^ said Cahyr M'^Arte and Cahyr Car- 
 
 » Caher, son of Art, chief of the Ka- <" A branch of this family owned Bal- 
 
 vanaghs of Poulononty. lyfernoch, near Ross ; and mortgaged 
 
 *> Chievers is the name of a Flemish Stokestown in 1582 to George Dormer, 
 
 family which settled at an early time Justice of the Liberties of the county, 
 
 in the country. William Chevre is one and author of the "ballad-royal" called 
 
 of the witnesses to the charter to Tin- " The Decay of Eoss." — [Cal. Rot. Pat. 
 
 tern Abbey [Chartae, &c., Hib.] Pa- James I., p. 62.] In 1482 Margaret 
 
 trick Chievi*e held a knight's fee of Prendergast, widow, demised her estate 
 
 the Earl of Pembroke, and witnessed in Eoss, except three houses, and in 
 
 this nobleman's charter to Wexford in Kilkenny, to St. Mary's church, in the 
 
 1317. Edward Cheevers was created former town — -[Bibl. Egerton, Brit. 
 
 Viscount Mount-Leinster by James II. Mus. MS. No. 75, p. 175.] 
 
Counties of Kilkenny and Wexford, ^c. 67 
 
 rogh, Bryan M'^Donough and Edmond Kevenagh, with theyr fol- 
 lowers, feloniously and contrary to y^ ICing's peace, did kill one of 
 y^ Bang's souldiers named Gierke, and one Thomas Koche, yeoman 
 of the said town of Rosse ; and also did take Walter Archer and 
 Will. Bennett, Henry Coulen, Robert Lorkenane, John Lenaghe, 
 and John Welsh, prisoners for fyne and ransom to be made. 
 
 Item, they present that y^ said Cahyr M'^Arte, Care Carraghe", 
 and Bryan M'^Donogh did take in pray from y*" commons of y" said 
 towne of Rosse to y"" number of 7 score kye and plough horses, and 
 1000 sheep, with other small beastes. 
 
 Item, they present that Cahyr M'^Arte, Cahyr Carraghe, and 
 Bryan M'^Donogh feloniously did take from certain persons of y" said 
 commons of y'' said town of Ross, certain corn, clothis, and other 
 things out of y^ King's mill, to y'^ value of £10. 
 
 Item, they present that y'' said persons feloniously did take from 
 Walter Archer his plough, and from John Leynagh his boat, and 
 8s. in ready money, and y^ said John sore wounded, the healing 
 whereof cost 16^. The said persons took from John Walsh 10^. in 
 money. 
 
 Item, they present that Edmond Kevanagh, and Geralt M'^Arte, 
 James M'^Morrough, and Donyll Reagh, the said Geralt's son, and 
 Maloghlin O'Ryan, do take excessive customes of all such boates as 
 goeth to Carlow and Athy with wares and merchandizes of y*" men 
 of y" town of Rosse aforesaid, to y*^ value of £20 yearly above y'' old 
 customes''. 
 
 Item, they present that y^ said Geralt M^Arte did take from 
 Thomas CafFye a pipe of Spanish wyne and certain iron, figgs, rai- 
 sons, and other goods, to the sum of 20 marks. 
 
 Item, they present that y^ said Edmund Kevanagh and Gerralt 
 M'^Arte did take from one Lawr. Clole with force and armes cer- 
 taine goods upon y*" river of y^ King's to y'' value of £10. 
 
 Item, y*" said Jury present that Cayre M'^Morroughe with force 
 and armes did take from Nich. Archer of y*^ towne aforesaid 12 sw3^ne. 
 
 Item, they present that Dowling Kavanagh about y'' 18* yeare 
 of y* raigne of our said soveraine Lord did take from the inhabitants 
 
 •^ Carragh is a Gaelic nickname, sig- ^ These must have been customs cx- 
 
 nifying the scald. acted >iy the clan Kavanagh. 
 
68 The Presentments of Juries of the 
 
 of y*^ said towne of Rosse a pray of kye and caplles to y^ valew of 
 20 marks. 
 
 Item, y^ said Jury present that about y® 23*^ yeare of y^ raigne 
 of our Sovereign Lord that Geralt Carrogh M'^Dowling Kavanagh 
 hath taken 14 kye and 2 caplles. 
 
 Item, y* said Jury present that Arte Boye, Geralt Kavanagh's 
 son, contrary to y* King's lawes, in y^ 22^^"^ yeare of the reigne of 
 our soveraigne Lord did take 12 kye. 
 
 Item, y*" said Jury present that Donogh Kavanagh, JNI'^Morogh 
 Kavenagh, Cahyr M'^Arte and Edmond Kavanagh's followers, did 
 take forceably contrary to y*= King's peace 23 kye and 100 sheep, 
 with certaine clothes, purses, and ready money, to y^ sum and value 
 of IOO5. in y*^ 22'"^ yeare of y^ raigne of our Soveraine Lord. 
 
 Item, they present that M'^Juyne Owkaye Kavenagh, M'^Donogh 
 Kavanagh M^Guyre Arte boy is Sonne's brethren to Morrertagh 
 M'' Arte boy Kavanagh, forceably did take contrary to y* King's lawes 
 26 kye and caplles in y^ said year and raigne of our soveraigne Lord. 
 Item, they present that Cahyr M'^Garylt Kavanagh of y* RoAvre 
 his servant did forceably take, contrary to y^ King's lawes in the 
 29"" year of his raigne, the number of 50 head of cattle, that is to 
 say in sheep, goates, swyne and other beasts. 
 
 Item, they present that Gerylt M°Donogh Kavanagh of y* Kowre 
 forceably and contrary to y^ King's lawes did spoyle and take from 
 Thomas Roche and Robert Archer, John Leynagh, and divers other 
 inhabitants of y® said towne of Rosse, certaine goods and ready 
 money to y'' valew and sum of £40. 
 
 Item, y^ said Jury present that Edmond M'^Donyll Kavanagh 
 of y^ Rowre forceably and contrary to the King's peace and lawes 
 did in y° 26"" year of our soveraine Lord take from Thomas Car- 
 penter of y^ said towne of Rosse 3 bushells of mault 1 bushell of 
 wheat and certain lynen cloth to y*^ value of 26^. 8^^. 
 
 Item, y^ said Jury present that Morrertagh Mackdermeth Ka- 
 vanagh of y'' Earle's wood did take contrary to y'' King's lawes from 
 Robert Consyence of y^ towne of Rosse one hackney price £4, and 
 certaine corne to y** value of 20^. in y® 23 yeare of y^ raine of our 
 soverayne Lord. 
 
 Item, y* said Jury present that Geralt Kavanagh's two sons, 
 
Counties of Kilkenny and Wexford^ Sfc. 69 
 
 with theyr servants Morrogh bagkaghe M'^Geralt M'^Arte in 29*^ 
 year of our soveraigne Lord, did take from James White's servante, 
 of the said towne of Rosse, y^ value of 4 marks, and wounded 2 of 
 y*' said James White's servants. 
 
 Item, y* same Jmy present that M'^Morrough that now is, con- 
 trary to y'' King's peace & his lawes, did take from one Thomas 
 Roche of y* said towne, silk, saffron, and ready money to y* valew 
 of 405. and deteyned y° said Thomas in prison with irons, to his 
 great costs and charges for y*^ Termon,'' the w*^*" was made frustrate 
 and void in y® 28"' yeare of our soveraine Lord. 
 
 Item, they present that y® 1 1*'' yeare of the raigne of our said 
 soveraine Lord, Edmond fitz John Butler of y° county of Kilkenny, 
 and Morrogh M'^Arte, with divers others of their adherents take 
 prey of kye to y® numbre of 27 and 100 small beasts, from y*" inha- 
 bitants of y* said towne of Rosse. 
 
 Item, they present that Thomas Richards M'^Edmund of y® said 
 county of certaine persons of y* towne of Waterford, that is to say 
 Peirse Dobyn and others, did take Thomas Butler of y'' towne of 
 Rosse, burgesse, prisoner. 
 
 Item, they present that Edmond Bagath'' Pursell, Edm. Duife 
 M'^Awley, Shane Roche, Mares Dermort O'Bryan, and Shane Begg, 
 of y* county of Kilkenny, contrary to the King's peace, and in the 
 king's highway, tooke from W" Bennett of y® towne of Rosse 
 aforesaid his horse, 85. in money, a mantle and sword, and kept him 
 prisoner the space of 12 months in [ ] Richard 
 
 Tobyn, and then ransomed him to y® sum of £10. 
 
 Item, y^ said Jury present that Teage O'Douan, with divers 
 others of my Lord of Ossory's servants, at y'' said Lord Ossory's 
 instance, he then being present, did take one Piers Bray of the 
 said towne of Rosse, burgesse, out of his house, in y^ 23"^ yeare of 
 y* raigne of our soveraigne Lord King H. 8. 
 
 Item, y^ same Jury present that oti Easter-day in y*^ morning, 
 ye 24*11 year of y*' i-aigne of our soveraigne Lord, Edm. M'^Shygh, 
 Edm. Tangath, Donogh O'Dowle, and knowhowre,^ my Lord of 
 
 " Termon is a Gaelic term, appa- *" Bacach, i. e. lame, 
 
 rently meaning /ree land. " Cnochor, or Connor. 
 
70 
 
 The Presentments of Juries of the 
 
 Ossory's servants, with divers others, did contrary to y* King's 
 peace and lawes, take Thomas Bennett, and drew him from Tho- 
 mas Roche's house within y^ said towne, with hue and cry. 
 
 Item, they present that in y^ 2P' year of y* ralgne of our sove- 
 raigne Lord, W" M'^Shane M^Phillip, of y-^ Great Hand, and Ed- 
 mond M'^Dowle, did take from y'' inhabitants of y^ said towne of 
 Rosse 18 kine. 
 
 Item, they present that in y^ 1 7* yeare of y'' raigne of our so- 
 veraigne Lord, Edm : M'^Shane Reagh Butler did take from James 
 Travys, burgesse of y^ tOAvne of Rosse, 2 kye, at Bailyduff in y* 
 county of Kilkenny. 
 
 Item, y*" said Jmy present that Donyll Kavenagh, M''Morrogh's 
 brother, did take from Lawr. Clolle, of Rosse, a pipe of Spaynes 
 wyne, 2 quarters of salt, 200 iron, and dicker of leather, at y^ bridge 
 of Lethelyn ;^ and one Monygay, y'^ warder of y° said Lethelyn, 
 
 * Leighlin Castle. — The dates ■when 
 this castle and the bridge were erected, 
 and the object in re-edifying the for- 
 tress, are stated in the following re- 
 cords. The Memorandum Roll of the 
 Exchequer, 13 «S: 14 Eliz., contains the 
 enrolment of an inquisition taken at 
 Leighlin, which sets forth that King 
 John, when in L-eland, built the " Black 
 Castle" within the precincts of Leighlin, 
 and also the Bridge : that one Murgh 
 Ballagh Kavanagh, [King of the Lein- 
 ster clans, who died in 1511] seeing the 
 said castle to be ruinous, repaired it, 
 endowed it with two ploughlands, and 
 appointed constables to keep it: that 
 the fortress then remained eighty years 
 in the possession of the Kavanaghs and 
 their constables: that its precinct is 
 twenty-three yards eastward, and 
 twenty-sL\ yards southward : that Piers 
 Butler, grandfather of the Earl of Or- 
 mond, expulsed Donald Doyling Kava- 
 nagh out of all the same ; and that 
 James Butler, Piers' son and heir, en- 
 tered into possession of it, and so con- 
 tinued thirty years; when the Lord 
 
 Deputy, Sir Edward Bellingham, took 
 possession of it for her majesty. There 
 is an order in the Council-book for the 
 reimbursal of Thomas, Earl of Oi-mond, 
 for the land on which the castle was 
 buUt ; it being his estate, and taken by 
 the Earl of Sussex during his minority, 
 at the time Leix and OfFaly were being 
 colonized, in order to protect the colo- 
 nists. It is also stated in the Memo- 
 randum Roll of 10, 11, & 12 Eliz., that 
 Sir Peter Carew was about setthng 
 English colonists upon his lately reco- 
 vered barony of Idrone ; and he prayed 
 to have a gi-ant in fee of the Queen's 
 castle of Leighlin, which he had left 
 for a year and three quarters without 
 any wages ; but his request was re- 
 fused, " it being a place specially 
 chosen and fortified heretofore upon 
 the first eviction of Leix and OfFally, 
 and always thought meet to remain at 
 our command. Given at Oatlands, 
 1st June, 1570.". — [Communicated by 
 the late lamented J. F. Ferguson, Esq., 
 from records in his custody in the 
 Court of Exchequer.] 
 
Counties of Kilkenny and Wexford, <^'c. ' 71 
 
 heth taken for custome contrary to y*^ King's lawes, 20^. in y* 26"^ 
 yeare of y® raigne of our soveraigne Lord King H. 8. 
 
 Item, they present that y* 24"^ yeare of y^ raigne of our so- 
 veraigne Lord, my Lord of Ossory was convicted in a riott by verdict 
 of 12 men for forceable entry into a house of one Joanne Dobbyn, 
 widow, within y® said tOAvne of Rosse. 
 
 Item, y* said Jmy present that y^ 16"^ yeare of y'^ raigne of our 
 soveraigne Lord, James Brenagh with his company, contrary to y*^ 
 King's lawes and against his peace, wilfully did slay one John Caf- 
 fry of y* said towne, and at that time wounded Patrick Branan and 
 others of y*^ said towne, in the King's river. 
 
 Item, they present that Will Brenagh, Shane Brenaghe's sonne, 
 and James Brenaghe for y*^ space of 2 or 3 ycares continually, they 
 robbed and spoyled every man, contrary to y*^ King's lawes, in y^ 
 King's highway, and upon y*^ river, to their hindrances and costs of £40. 
 
 Item, they present that Gilbert Dobbyn of [ ] doth 
 
 wrongfully withhold from Robert Conscience of y*^ towne of Bosse 
 1 parke of land, the w"'' in y® burgage of Thomstowne. 
 
 Item, y'' said Jury present that Walter Moore Blodaze, Walter 
 Brenagh's servant and horsegroom, feloniously and contrary to y*^ 
 King's peace did take in y® King's highway from Will Serman and 
 John Taylor of Rosse 24s. in ready money, besides other things. 
 
 Item, they present that Shane Brenagh, Walter Brenagh's'' son, 
 did take from Nich Gregorie's maid of y^ said towne 25. Id. and a 
 sack price 25., in y^ King's highway at Barcon, within the county 
 of Kilkenny, in y^ 25"' yeare of our soveraigne Lord. 
 
 Item, they present that Phill. Coyne, Walter Brenagh's groom, 
 contrary to y^ Kjng's lawes, did take from Bob. Archer of y^ towne 
 of Rosse in the King's highway [at] hodds grove*" a sword price 
 35. 4d., a mantle, and 22^?. in money. 
 
 Item, they present that y^ soveraigne, burgesses, and portriffes 
 of Rosse for the time being holdeth their burgages of growne and 
 and of y'' towne of Rosse of y'^ Erldom of March,*^ y* which now 
 
 * Brenagh alias Walsh. Walter *> A townland in the county of Kil- 
 
 Walsh, the head of the Kilkenny sept kenny, not far from Rosbercon. 
 
 of that name, signs a document of this <= It is not known how the Seigniory 
 
 period as one of the "gentlemen" of of Ross could have come to the Earl of 
 
 the county [MSS., Kilkenny Castle.] March. Mortimer, Earl of March and 
 
72 
 
 The Presentments of Juries of the 
 
 is in the King's hands, and so it is now holden of our soveraine 
 Lord, paying y'' chiefe rents thereof due and accustomed ; y^ which 
 chief rent our said soveraigne Lord hath granted unto y^ said sove- 
 raigne and portgrieves and burgesses, and confirmed y*^ same to 
 them and to theyr successors for ever, without any account ren- 
 dring to any of y^ King's ministers of y^ same. 
 
 Item, they present that coyne and livery is used in y*^ county of 
 Kilkenny, Shirebryn, Fassagh-Bentre, and in y*^ villages without 
 this towne, by y® lords, freeholders, and gentlemen of y* said shire 
 and followers. 
 
 Item, they present that Curates take money for theyr reseavor 
 of purification, that is to say Q>d. to y'^ priest and clerke for every 
 
 Ulster, inherited a third part of the 
 Liberty of Balkenny, by right of des- 
 cent, from Elizabeth, third daughter 
 and coheiress of Gilbert de Clare, Earl 
 of Gloucester and Hereford, Lord of the 
 Liberty of Kilkenny, whose ancestor, 
 GUbert de Clare, had married one of 
 the daughters of AVilliam Earl Mares- 
 chal, and so inherited Kilkenny, as 
 the Earls of Norfolk had acquired the 
 Liberty of "Wexford through another 
 daughter, and so were lords of Ross. 
 It may be that the townsmen, having 
 felt the evil results arising from their 
 municipality not being recognised as a 
 royal town, thought by this finding to 
 establish their right to the King's pro- 
 tection, as the Earldom of March was, 
 by the extinction of the Mortimer line, 
 at this time in the crown. 
 
 The decay of Ross as a port-town 
 had in a great measure arisen from the 
 greater Royal favour shown to Water- 
 ford. Henry the Third, in the 14th 
 year of his reign, reciting that his lieges 
 of Waterford had showed to him that 
 merchant vessels frequented the port 
 of Ross, which belonged to William 
 Earl of Mareschal, to the great loss 
 and detriment of the King's city of Wa- 
 terfoi-d, orders the Archbishop of Dub- 
 
 lin, then Justiciary of Ireland, to pre- 
 vent all vessels from putting into the 
 former port, except such as were accus- 
 tomed to frequent the same before the 
 Baron's Wars. — [Chartas Privilegiae, 
 &c., p. 21.] Ross, which was then, as 
 appears by the Customs Returns in the 
 Irish Pipe Rolls, the most flourishing 
 port in Ireland, did not submit to this 
 mandate ; for we find the citizens of 
 Waterford, in the 51st year of the 
 same king, complaining that their rivals 
 had, vi et armis., compelled to discharge 
 at Ross vessels that intended to put 
 into AVaterford. An inquisition was 
 made the same year, and the jurors 
 found that the charge was true ; and 
 further declared on their oaths that, 
 since the conquest of Ireland, all ships 
 except those which belonged to the 
 Liberty of the Earl Mareschal, Lord of 
 Leinster, or his heirs, were accustomed 
 to put into the port of Waterford, and 
 
 not into that of Ross [Id., p. 31.] 
 
 AVhereon the King's son, Edward, then 
 Lord of Ireland, issued, in the 52nd year 
 of his father's reign, a mandate ordering 
 proclamation to be made throughout the 
 entire of Leinster, to the eifect that no 
 ships, except those that were of the land 
 belonging to the heirs of Walter de Ma- 
 
Counties of Kilkenny and Weaford, S,'C. 
 
 73 
 
 day of purification. And that y^ Curates taken for every wedding 
 8d. for them and y^ clerke. 
 
 Item, they present that Edm. Kavanagh of y* Rowre did take 
 from Patrick Dolene of y'^ said toAvne, lO^. in money and certaine 
 wares to y*^ valew of 155. 
 
 Item, they present that my Lord of Ossory wrongfully doth 
 withhold a village called Voocehey in y*^ county of Kilkenny w^ith 
 the appurtenances, which is one Walter Archer's of Ross. 
 
 Item, they present that the citizens of Waterford retayneth of 
 one James Traves, biu*ges of Ross, a ton of wyne called Robbe- 
 davy for a Aveder boote, and from Thomas Tally xiv pipes of 
 Spayne's wyne, and one of Ratfey ; from Robert Lorkevan two 
 tons, from Will. Keteyng six tons Spayne's wyne ; from Nicholas 
 Gregory one ton Robbedavy ; from Walter Hide one pype Robbe- 
 davy ; from Robert Nevill one ton Robbedavy." 
 
 Item, they present that a ballinger called y'' " Trinity of Rosse" 
 was taken Avith certain persons in her, and brought to y*^ kaye at 
 
 reschal, late Earl of Pembroke, in 
 Leinster, should put into the port of 
 Ross, or discharge cargo there ; but 
 that on the contrary they should put 
 
 into Waterford, and there unload 
 
 [Id., p. 32.] In 1377, we find Richard 
 the Second granting to the burgesses 
 of Ross a chief rent of four pounds, 
 then, for certain causes, seised into the 
 Iving's hands, so long as the said chief 
 rent should so remain in his hands, 
 without any account to be rendered of 
 the same, in consideration of the mur- 
 der, as well by land as by water, of 
 several merchants of his (the King's) 
 said town of Ross, and to its great im- 
 poverishing ; so that there is neither 
 law, justice, nor good government in any 
 part about the said town ; but that on 
 the contrary rebellion, extortion, mur- 
 der, slaughter, robbery, and open war, 
 are made on the same by the Irish 
 enemy ; so that the burgesses are un- 
 able to guard the said town, or repair 
 and maintain their walls and gates 
 
 without the King's assistance ; the said 
 chief rent to be employed in the said 
 repairs — [Id., p. 73.] In the same 
 year the town obtained by royal 
 charter the important concession, that 
 merchants might take in and discharge 
 cargo at the town of Ross, as weU as 
 at the city of Waterford ; but this pri- 
 vilege was rescinded by subsequent 
 royal charters ; and although that 
 granted by James the Second restored 
 to Ross her ancient privileges, yet her 
 rival and neighbour has contrived to 
 appropriate to herself the entii-e of the 
 Waterford Harbour, leaving to Ross 
 the jurisdiction alone over her own 
 rivers from Cheek Point to Innistiogue 
 and St. Mumns.~[Id., p. 74.] 
 
 * Bale, Bishop of Ossory, speaks of 
 ^'' Rob. Dauye and Aqua Vite" as 
 being " speciall drinks" at the close of 
 the reign of Henry the Eighth, in the 
 taverns of Ivilkenny. — [Vocacyon of 
 Johann. Bale, &c. Ilarleian Miscel., 
 vol. vi., p. 414.] 
 
 G 
 
74 The Presentments of Juries of the 
 
 Waterford, w''' said vessell perteineth to y^ soveraigne of Rosse, 
 Walter Archer, and y® said towne as yet retaineth sureties for her 
 in y^ sum of £7, and one Piers FitzHarry of Rosse aforesaid is put 
 to y* hindrance and damages, and his pledges to y^ sum of 20 marks ; 
 and they further say that y^ said towne of Waterford holdeth from 
 Piers Young of Rosse aforesaid certaine [ ] to y^ the 
 
 valew of 20 marks. 
 
 [To this presentment is appended the following inqui- 
 sitions touching an affray between the citizens of Water- 
 ford and the burgesses of Ross, and a murder resulting 
 therefrom.] 
 
 "Inquisico capta p dno Rege ap'^ Eoose cora Johes Taylor supior' 
 ibm 1° die Sept' an" Regni R' H. 8 x"'°(]518). [Per]subscript' viz. Hen' 
 Walshe, Wiftm Blake, sen, Thomam Butler, Robt. Dargan, Jotiem Lange, 
 Maur' Cleyton, Nicti Gregory, Johem Deroose, Rob' Lorknane, Wiftm Tay- 
 lor, Thomam Badrogane, Wittm Owen, Nictim Barkly, Phillipm Bowens, 
 Jacob' White, Corneliii Thalor, Ricin Brewer & Mathew Catomas; Qui 
 Jur dicunt sup scrm suu q'^ Nictius Devereux, David Brewener, Ricus 
 Walshe, jun, Nictius Strange, Ricus Ayleward, Johes Rooch, Nictius Gogh, 
 Wiiims Busher, Henric' Neale, Patricius Walshe, Nicti Wadding, Tho- 
 mam Lumbard, Joties Shyrlock, Ricus Browne, Edwardus Shirlock, Jacobus 
 Hoore, Mauric' Madane, Ricus Fleming, W"' Pagan, Patric' Comford, 
 Henric' Bryan, Jacobus Leche, Thomam BaylifFe, Thomam Lee, Ricus 
 Stronge, Jacobus Wedlock, Joties Whyte, Jacobus Wyse, Robertus Walshe, 
 Rot>tus Bryan, David Whyte, Robtus Kenay, Waltus White, Germanus 
 Barber, cives & Coiiiunes pdict' civi'' ex mandate Patricij Roope ]Majoris 
 die' civi'« cu multis Hispanicis Gallicis Britonib' & Hibnicis rietuose ve- 
 nere cu classe Batellor' et naviia more piratico sive guerrino diesis armis 
 armati viz paludaments loricis galeis scutis hastis gladijs lanceis balistis 
 talis arcubus sagittis falxis plenarib' et bumbardis sive tormentis ad in- 
 sultand [et] obsidiend' villam de Rosse 22° die Mayii an" Regni R'^ II. 8 x''. 
 Ita q'^ ob timore hujus insulti et obsessus sup deind piratore [sic] p con- 
 servacene pdict ville supior et comues ejusdm compulsi fuerunt delib^are 
 sup dcis Ballivis et coitat' civi'^ pdict maleu*^ Argenti deaurat ad val' xx". 
 Idm dicunt q"" sup^'dict' supior et conmnes pdc' ville occasione hujusmod 
 
 " In the orighial this word is written takes, the work of an ignorant scribe, 
 " mulen ;" but as the inquisitions were we have ventured to adopt the read- 
 evidently, from numerous other mis- ing in the text. 
 
Counties of Kilkenny and Wexford^ 
 
 L\-c. 
 
 75 
 
 insult' detiorarentur et dampnu Lent ad c" argent &.c. In fid' et testiou 
 pmissor' sigilla Jurator' supd' psent' sunt appensa &c.* 
 
 " Inquisicb capta g dno Rege apud Roose cora Joti Taylor supiori it)m 
 p'mo die Sept an" Regni R' H. 8. [x°] p subscript' viz Hemic' Walshe, 
 Willm Blake sen', Thomam Butler, Robtii Dargan, Joliem Lange, Mauriciu 
 Cleyton, Nichii Gregory, Jollem de Roose, Rot)tra Lorknane, Wiilm Taylor, 
 Tho. Badregane, "Wiftm Owen, Nicllm Barkly, Phillipii Burrons, Jacobum 
 White, Cornel iu Thalor, Ricm Bronev, & Mathin Catomas. Qui Juf dicunt 
 sup sacrm suii qd Nictius Devereux, David Brewenes, Ricus Walshe jun', 
 Nictius Strange, Ricus Arleward, Johes Roche, Nichus Guaghge, Wittms 
 Busher, Henric' Neale, Patric' Walshe, Nictius Wadding, Thomas Lom- 
 
 * The finding of the Jury may be 
 translated as follows : — " Who say that 
 the citizens and commons of the city [of 
 Waterford] aforesaid, together with 
 many Spaniards, Frenchmen, Bretons, 
 and L'ish, came riotously with a fleet of 
 boats and ships, in piratical or warlike 
 fiishion, variously armed ; to wit, with 
 surcoats, coats of mail, helmets, shields, 
 spears, swords, lances, cross-bows, wea- 
 pons, bows, arrows, broad axes, and 
 bombards or cannon, on the 20th day 
 of May, in the 10th year of the reign 
 of Henry the Eighth, to assault and 
 besiege, in a piratical and warlike man- 
 ner, the town of Ross. So that, inti- 
 midated by this assault and siege, and 
 for the preservation of the aforesaid 
 town [of Ross], the sovereign and com- 
 mons of the aforesaid town were com- 
 pelled to deliver to the aforesaid bailiffs 
 and commons of the city [of Waterford] 
 a mace of silver gilt, of the value of 
 £20. They also say that the aforesaid 
 sovereign and commons of the said town 
 [of Ross], by reason of the aforesaid 
 attack, were damnified to the amount 
 of one hundi-ed pounds of silver." 
 
 From the reign of Henry the Third up 
 to this period, and for long after, a state 
 of open war seems to have been main- 
 tained between the two numicipalitics. 
 In the 51st year of Henry the Third it 
 
 appears, by an intpiisition'made at Wa- 
 terford, that at a time when two ships 
 belonging to Richard English, a citizen 
 of Waterford, and William Bouloun, a 
 citizen of Dantzig (deKadanio), lay in 
 the river below the port of Waterford, 
 about to sailforDantzig, certain persons, 
 by the consent and at the bidding of 
 the Ross folk, to wit, Henry Breton, 
 and others named in the inquisition, 
 together with sundry persons whose 
 names could not be ascertained, came 
 and seized, vi aimita^ the larger ves- 
 sel of the two, and ill-used the men 
 therein ; and thereon came up Thomas 
 Ketyng, with his followers, in aid of the 
 aforesaid Henry, who, when they saw 
 the larger ship captured, immediately 
 seized the smaller vessel, and then car- 
 ried them, both by force and arms, 
 to Ross, and caused them to be de- 
 tained there for seventeen weeks. The 
 Jury then charge the Ross folk with 
 habitually in warhke manner seizing 
 the ships Intending to put Into Water- 
 ford, and causing them to discharge 
 their cargoes at Ross Instead ; and that 
 the burgesses of Ross had in this way 
 seized more than forty vessels, by each 
 of which the king lost two pipes of 
 wine, or 405. due to him by way of pri- 
 sage ; and further, that when the Wa- 
 terford Corporation sent some servants 
 
76 
 
 The Presentments of Juries^ Sfc. 
 
 bard, Joties Sh}'rloke, Ricus Browne, Edwardus Shirlock, Jacobus Hoore, 
 Mauric' Madane, Ricus Fleming, Wiftms Fagan, Patric' Comford, Henric' 
 Bryan, Jacobus Lech, Thomas BaylifFe, Thomas Lee, Eicus Stronge, Jac' 
 Woodlok, Johes Whyte, Jacobus Wyse, Eot)tus Walshe, Robtus Bryan, 
 David "Whyte, Robts Keney, Walt' Whyte, Germanus Barbor, cives, et 
 ceteri communes pdict', siit culpabil' de morte Gervicii Taygmayn de Bris- 
 toll qui inffectus fuit cu tormento sive bumbardo ap'' Roose 22° die Maij 
 an" Regni Rs. H. 8. x'"" et postea evictus in Mar' submsus de una navi p 
 pdict' cives &c. In testimoniu pmissis sigitl Jurat' supd' sunt jisent' 
 apposit' &c.* 
 
 of theirs on board a Bristol vessel, one 
 was slain, and another drowned, by 
 the burgesses of Ross, who brought 
 the said ship into that port vi armata. 
 Also, they say that the Ross people ar- 
 rested Henry Coventry, a citizen of 
 Waterford, who had sold a portion of 
 his cargo of salt in Ross, because he 
 had sent his ship to Waterford with the 
 remainder of it, and imprisoned him till 
 he paid a fine of £1 2, and that the upshot 
 of all was, that, unless a stop was put 
 to the doings of the burgesses of Ross, 
 in a short time there would not be 
 a man found in Waterford, — "viUa 
 Wat9ford infra breve tempus videbit' 
 hoib' evacuari." — [Chartai Statuta, 
 &c., p. 31.] It is a matter of tradi- 
 tion to this day at Ross that one of 
 the corporate insignia of Waterford — 
 a silver mace — was captured by the 
 men of Ross (probably in reprisal for 
 their former loss) from the citizens 
 of Waterford, being the trophy of a 
 
 naval encounter between the two towns. 
 This mace, which is still in the keeping 
 of the former Corporation, and the smal- 
 ler of the two belonging to Ross, is 1 foot 
 8 inches long; its shape that of the an- 
 cient military mace ; it bears engraved 
 on it the arms of France and England 
 quarterly, and the letters E. R., proba- 
 bly for Edwardus Rex. 
 
 ^ The finding of this inquest — an 
 eai'ly example of an Irish bull — is that 
 certain citizens of Waterford therein 
 named "are guilty of the death of 
 Gervice Taygermayn of Bristol who was 
 slain by a bumbai'd, or cannon, at Ross, 
 on the 22nd of May, in the 10th year 
 of Henry VIII., and afterwards thrown 
 into the sea and drowned." On the 
 Patent Roll of the 28 Henry VHI. is 
 entered a pardon for the citizens, inha- 
 bitants, and commonalty, of Waterford, 
 inter alia, for the death of Geoffrey 
 Fitz Patrick of Ballyhack, probably 
 slain in some similar fray. 
 
( " ) 
 
 THE PRESENTMENTS OF THE JURIES OF THE COUNTY AND 
 CITY OF KILKENNY, AND THE TOWN OF IRISHTOWN, TO 
 THE COMMISSIONERS FOR ORDERING OR REFORMING THE 
 STATE OF IRELAND, ANNO 1537. 
 
 Having already prefaced the series of State Papers con- 
 taining Presentments made in 1537 by Juries of several 
 shires and towns in the south-east of Ireland to the Eng- 
 lish High Commissioners of Reform, it only remains to offer 
 a few remarks on some obscure archa3ological points in 
 the following portion of these, documents. The verdicts 
 already printed relate to the county and town of Wexford, 
 and the town of Ross. Those now published refer to the 
 county and city of Kilkenny. When the entire series, 
 including Presentments from the shire and city of Water- 
 ford, the counties of Carlow, Kildare, and Tipperary, and 
 the towns of Dungarvan and Clonmel, shall have been pub- 
 lished, they will form, perhaps, the most faithful and com- 
 plete illustration attainable of the social condition of the 
 people of any country in the beginning of the sixteenth 
 century. Such being the strong and broad light that can 
 be thrown on the state of the ancient inhabitants of this 
 district (that primarily embraced by our Archaeological 
 Society), its educated classes may naturally be expected to 
 be ready to advance an undertaking that will so largely 
 gratify their curiosity as to the past of their country; and, 
 indeed, the increasing support extended to this Society is 
 the sure proof that its labours are beginning to be appre- 
 ciated in a degree as full as that in which most other nations 
 testify interest in their ancient memorials, b}' preserving 
 and publishing thoni. 
 
 H 
 
78 The Presentments of Juries of the 
 
 Perhaps the principal points of interest, so far as social 
 history is concerned, derivable from these records — which 
 display the regal customs of both the Anglo-Irish and the 
 Gael of Ireland, — consists in the contrasts afforded between 
 antique Celtic usages and the feudal system ; and in the 
 fact that the condition of rural society disclosed by these 
 documents existed in juxta2:)osition with an advanced state 
 of civilization in towns ; and, moreover, in the reflection 
 that this primitive state subsisted within two centuries of 
 our own time. The progress of civilization has indeed 
 been rapid since 1537, when " MacMorrough," the moun- 
 tain king of Leinster, still compelled the town of Gowran 
 to pay him black rent ; and when " Wrory Amougher" 
 (probably Rory, commonly called Lord O'More, chieftain 
 of the greater portion of the country subsequently made a 
 shire by the name of the Queen's County) exhibited his 
 contempt of English law courts, upon being subpoena'd, by 
 taking the writ and irreverently throwing it into the mire. 
 However much the Government of Dublin Castle may have 
 desired that the Irishry should become subject to the laws 
 obeyed by the Englishry, the power to force them was evi- 
 dently insuflicient. Indeed, these laws were hardly observed 
 outside town walls. Even in the Anglo-Irish county of 
 Kilkenny, no court was held but the shire-reve's or county 
 bailiff's, which was no sessions, for no justices sat. The 
 Statutes or "Actes of Kyllcasshe" seem to have been a code 
 framed for use between inhabitants of town and country, 
 and possibly had been agreed to at a meeting at Kilcash, 
 in Tipperary. These Rules were regularly committed to 
 writing, and the copy in the possession of Rory M'Laughire, 
 my Lord of Ossory's "Irishe Judge, called a Brehon," would 
 perhaps now fetch its weight in gold. The primitive state 
 of Brehon Law, and its professors, may be imagined from 
 
County and City of Kilkenny^ S^-c. 79 
 
 the provision of " one hogge, or else 20*^.," rendered by the 
 head of each house every other year to each native rural 
 justiciary, an original stipendiary magistrate, who served 
 as judge and jury, and from whose decisions there was no 
 court of appeal. 
 
 Quotations from contemporary authorities, relative to 
 the political condition of the county of Kilkenny, having 
 been given in the first part of these introductory comments, 
 they may be referred to, especially the Report of Chief 
 Baron Finglas, who, having written in the year 1533,^ seems 
 to have been the first to direct attention to the grievances 
 of the Engiishry of Ireland. After the suppression of the 
 Leinster Geraldine's revolt, measures were set on foot for 
 " the reformation of Leinster." Such was then the power 
 of the Earl of Ossory, that, in 1536, the Government of 
 Ireland wrote to the King, recommending that this poten- 
 tate and his son should be induced to allow government 
 revenue to be levied in Kilkenny, Tipperary, Wexford, and 
 Waterford. 
 
 The "Earl of Ostrey, or Ourmond," so frequently alluded 
 to was Sir Piers Butler, first Earl of Ossory and eighth of 
 Ormonde, who had been commonly styled Earl of Ormonde 
 after the death, in 1515, of the English Earl of Ormonde 
 and Wiltshire ; but though so denominated, even in his 
 patent of 1522 as Lord Deputy, he was not recognised as 
 Earl of Ormonde until a year after the date of these 
 verdicts. Sir Thomas BuUeyne, then actually Earl of Or- 
 monde, is referred to once or twice. 
 
 These Presentments have several notices of the famous 
 Margaret Fitzgerald, wife of this Earl of Ossory, and who — 
 according to contemporary chroniclers, and to tradition — 
 
 ' MS., State Paper Office. 
 H 2 
 
80 The Presentments of Juries of the 
 
 exercised an uncominon authority in our district. Her 
 ability to govern was recognised by the Government. 
 Upon the death of her husband, in August, 1539, the Lord 
 Justice of Ireland was directed " to draw with the army 
 into those parts ;" and soon afterwards an " order" was 
 made, " whereby the rule of the counties of Kilkenny and 
 Tipperary were committed to the government of the Ladie 
 Dowager of Ormond, Sir Richard Butler, her second son, 
 and others."'' A letter, dated at Waterford, in the following 
 year, addressed by her to the King,^ is signed in a large and 
 masculine, but trembling hand, for the writer was aged. 
 Evidences of the improvement and civilization introduced 
 by her into the neighbourhood of the city of St. Canice 
 continued to be remarkable for more than a century, as 
 afFordinof a contrast to the unreclaimed barbarism of other 
 districts. She took an active and unusual part in erecting 
 fortifications, having rebuilt Go^vran Castle, and, according 
 to a manuscript authority,'' constructed a fortress called 
 " the Strong Hand." Her son inherited her energy in im- 
 proving the country, if it is her son, James, the ninth Earl, 
 to whom the following memorandum in the same manu- 
 script applies : — "James Yrenagh [or Grenagh, one of the 
 Earl's manor-houses?] built thirty castles, thirty churches, 
 and thirty toghers, brigges, and cawseyes." This formed 
 no small work of improvement. She gave her numerous 
 daughters in marriage to the principal peers in the south 
 of Ireland, namely, the Earl of Thomond, Lords Cahir, 
 Dunboyne, Fitz Maurice, Decies, and Curraghmore. And 
 it will appear by the Presentments from the county of the 
 the two latter lords, that these her sons-in-law were as much 
 
 " Index to Council Book, British "* State Paper Office. 
 
 Museum, Add. MS. 4790. ' S. P. O., Hanmer's MSS. 
 
County and City of Kilkenny, ^-c. 81 
 
 assisted by her governing talent as the Viceroy Earl, her 
 husband, was. Other particulars regarding this extraor- 
 dinary dame and her husband will be found in " The His- 
 tory, Architecture, and Antiquities of the Cathedral of 
 St. Canice," pp. 182-249. 
 
 It would be curious to ascertain whether some of the 
 duties exacted from the tenantry of the Earls of Ormonde 
 and Ossory were rendered under other names to great lords 
 in England. " Murorum operatio," for instance, the custom 
 under which buildings for the lord's use were erected and 
 kept in repair by the tenantry, although abused by being 
 employed in not only building castles for their defence, but 
 also halls, kitchens, barns, and stables, — and though arising 
 from the Gaelic custom, under which clansmen provided 
 everything requisite for their chief, or official governor, — 
 had also, doubtless, obtained in other and feudal countries. 
 
 With regard to the horse and hunt grievances, the studs 
 of a Gaelic king seem to have grazed, by custom, on all 
 waste lands in his country ; and the keepers were entitled 
 to meat and drink from the nearest inhabitants during this 
 grass time. To judge by the name of this custom, gille-cree 
 (servants of cattle ?), Celtic lords in Ireland, as well as 
 other lords in Spain and elsewhere, had a privilege of de- 
 pasturing all unenclosed and unoccupied land within their 
 territories. Under the customs called gille-con and dow- 
 gollogh, keepers and huntsmen of a chieftain's hounds were 
 warranted to take food for themselves and hounds for a 
 day and a night with each tenant. Although the Juries 
 complain of " the Earl's hunts" as an evil, they should have 
 remembered that hunting was practised to clear the country 
 of wild animals, such as deer, evolves, swine, foxes, hai-es, 
 &c., that did injury in various ways ; and the Jurors might, 
 perhaps, have admitted that the said hunt was welcomed 
 
82 The Presentments of Juries of the 
 
 by tlie owner of every mansion-house it put up at, as 
 heartily as the splendid packs of hounds that now hunt the 
 same district are received. 
 
 The " kerne tighe" of the Earl of Ossory, and of Mac 
 Murrough, were eeitherne tighe, i. e. kerne of the house, or 
 the household roof that guarded their lord's dwelling-place. 
 They are represented in the ensuing verdicts as going about 
 the country four times in each year; and it would seem by 
 other records^ that one of their functions was to accompany 
 the officers who collected rents, which, being in kind, were 
 liable to be either of inferior quality, or exchanged for 
 inferior qualities by the Serjeants or rent-takers. 
 
 The " galloglacha," i. e. foreign servitors, were also a 
 species of armed police, and, as soldiery, Avere absolutely 
 required for defence. The accusation, that the Earl ex- 
 acted " cuddy es," or suppers, and " cosshers," or cess for 
 the king, from certain tenants, and compelled others — 
 whose houses were not large enough to receive him and 
 his train — to send, in lieu of such receptions, a specified 
 quantity of victuals to his mansion-houses, requires expla- 
 nation. Prior to the general use of money, rent being 
 paid in kind, it was sent in to the nearest castle that de- 
 fended the district ; so that this Earl was customarily enti- 
 tled to the above-mentioned renderings, the objection to 
 which lay, however, in their liability to be excessively 
 exacted. Such rents being also in process of change into 
 money payments, owing to recent influxes of bullion, their 
 uncertainty was hence also objectionable. The gradual 
 rise of prices, owing to the decreasing value of coin, was a 
 matter of complaint, because the real cause was not under- 
 stood. Freight of goods by river boats had risen from 
 
 " Letter of Sir Warljaiu St. Legei-, 1589, State Paper Ollice. 
 
County and City of Kilkenny^ Sfc. 83 
 
 8c/. to IM. But the rate of workmen's wages, two-pence 
 a day for masons and carpenters, and one penny for la- 
 bourers, indicates the scarcity of coin as compared with its 
 lower value now. The corn purchased after harvest at 
 two shillings per bushel was, probably, oats, since there is 
 no mention of wheat, — a grain so rare, yet so suitable to 
 this lime-abounding country, that, in 1539, the Earl of Os- 
 sory bequeathed a stone of it to the o^vner of every plough,'' 
 manifestly with the object of spreading its cultivation. 
 
 The reason why Lord Ossory, and other /ree-holders of 
 land, would not allow their farmers to sell anything except 
 to a merchant appointed in each case, consisted in the fact, 
 that as these tenants were in a state of semi-slavery^ their 
 lords laid some claim to all they possessed. In fact, the 
 condition of the people of Ireland was in a state of transi- 
 tion at the period of these Verdicts, which gives these docu- 
 ments their principal value to historians of social progress. 
 
 The Earl of Ossory set himself zealously to the work of 
 reformation. He writes to Viceroy St. Leger, 12th March, 
 1538 :— 
 
 ." I have also proclaymed all over the countie of Tipperary that 
 no caines, allyiegs^ errikes, Irish brehons, nether that lawe, rahownes, 
 and many like exaccions and extorcions, shall sease, with refonna- 
 cion for the grey merchunts, and the Libertie Corte to be duly 
 contynued, as the King's lawes require. And as for the countie of 
 Kilkenny, for lack of auctoritle as I have in the countie of Tippe- 
 rarie of the Kinges Majestie, I, and the inhabitaunts, were, and ar, m 
 falte of admynistracion of justicCj to use the abuses hetherto there 
 contynued ; the peple being bred in such ignoraunce as they know 
 not justice. Howe be it, I have often perswaded many of them to 
 be converted, which to doo I can scarcely have their assentes, for tlie 
 
 '^ See his -will in full, " History, the Cathedral Church of St. Ca- 
 Architecture, and Antiquities of nice," p. 245. 
 
84 The Presentments of Juries of the 
 
 lustes they have to caynes and other abuses, torning to their proffit, 
 as it doth to myne. But, fynally, I am thus determyned to drive 
 them therto, so as, whatsoever orders or devises you shall deter- 
 myne therein to be put in effecte, I shall have such respecte thereto 
 as neither their Avill, ne any particler commoditie to myself, or to 
 them, shall refrayne me to se the same perfitely executed, God 
 willing." 
 
 On the 27th March, 1538, the Earl reports to the King 
 that he has consulted with the High Commissioners of 
 Reformation, and drawn up a series of orders and constitu- 
 tions to extirp the enormities and abuses accustomed in 
 the counties of Kilkenny, Waterford, and Tipperary, and to 
 plant good civility* 
 
 Certain ordinances, drawn up in 1541, endeavoured to 
 remedy two of the grievances set forth in the following 
 Verdicts, namely, the insolence of bards, and impediments 
 to free sale of goods. It will be observed by the seventh 
 item in the first Presentment that the Jury proposed that 
 rhymers should be forbidden to make verses on any person, 
 manifestly in order to prevent the currency of malicious 
 satire, the intimidatory means by which the bards obtained 
 food, lodging, and gifts. The above-mentioned ordinance 
 declared — 
 
 " No rhymer (poeta) nor other person whatsoever shall make 
 verses (carmina), or anything else called auran" (^quer j da7in?), 
 "to any one after God on earth except the king, under penalty of 
 the forfeiture o^" all his goods. Also, no one shall impede the 
 market, nor throw any impediment in the way of any body taking 
 goods and wares to the market, but the govei'nor of a town or 
 castle." ^ 
 
 The exactions of coyne and livery, or food for man 
 and forage for horse, frequently complained of in these 
 
 ' MS. State Paper Office. " MS. S. P. 0., Feb. 7, 1549. 
 
County and City of Kilkenny^ S^-c. 85 
 
 representations, must have greatly tended to keep down the 
 letting value of land. John Bale, the intemperate Bishop 
 of Ossory, in describing the state of the county of Kilkenny 
 in the days of Edward VL, describes coyne and livery as 
 more cruel ^^iHages and oppressions of the poor husband- 
 man than occur elsewhere in the earth, even under Turks 
 and Saracens. The Irish lords, he says, and their under 
 captains, are not only companions of thieves, but also their 
 masters and retainers : — 
 
 "After their harvestes are ended there, the kearnes, the gallo- 
 glasses, and the other brechlesse souldiers, with horses and their 
 horsegromes, sumtyme iii Avaitinge upon one jade, enter into the 
 villages with much crueltie and fearcenesse ; they continue there 
 in great ravine and spoyle ; and when they goe thens, they leave 
 nothinge else behinde them for payment but lice, lecherye, and in- 
 tollerable penurie for all the yeare after. Yet set the rulers therupon 
 a very fayre colour, that it is for defence of the Englishe pale." ^ 
 
 Upon the abolition of these exactions, thirty years sub- 
 sequently, Mr. George Wyse, in writing'' to Secretary Cecil, 
 expatiates on the happy eifects of that measure; he describes 
 the country people as having, for joy, fallen to play and 
 pastime, as the like were never seen before ; and states 
 that land, formerly letting for a groat per acre, now yielded 
 twelve pence ; and concludes by inveighing against the ex- 
 acters of those imposts, namely, " the ungodly Irish lords." 
 Justice Fitz Simons also writes, from Kilkenny, that one 
 acre is now more thought of than ten before ; and that pas- 
 time is daily used on holydays such as has not been known 
 in the memory of man. 
 
 Although chieftains, who Avere not the owners of the 
 clan-countries, may not have ])rofited by the abolition of 
 
 • " Vocacyon of Johan Bale." '' S. P O., June 20, 1567. 
 
86 The Presentments of Juries of the 
 
 these exactions, all feudal landlords must have longed for 
 this abolition, since they absorbed so large a share of the 
 profits of the soil. 
 
 But all the above-mentioned and other customary ren- 
 derings and exactions — which had, when first practised, 
 been requisite — could, of course, be abolished but gra- 
 dually ; and it is remarkable that the Earls of Ormonde, 
 who for centuries had been supported by means levied ac- 
 cording to customs similar to those by which Celtic kings 
 were maintained, did not, until thirty-two years after the 
 date of the following representations of the grievances of a 
 few of these levies, relinquish, as a record quoted in a sub- 
 sequent page says, certain taxes they had been accustomed 
 to raise ofi" the inhabitants of the shires of Kilkenny and 
 Tipperary for their personal expenses.* 
 
 • See note, p. 92. 
 
County and City of Kilkenny^ ^'c. 
 
 87 
 
 THE VERDYT OF THE GENTLEMEN OF THE SHTEE OF 
 KILKENNY. 
 
 \_October, 1537.— M5. State Paper Office.'] 
 
 The Verdyt of the Inquest of Gentyllmen=^ of the bodye of the 
 Shyre of Kylkenny, sworen and made before the Justices 
 our Soveraigne Lorde the King assigned for the conservacion 
 of his peace "vvithin the saide Countye of Kylkenny at the 
 Generall Sessions holden at the Town of Kylkenny'' within the 
 saide Countie, the 8 daye of Octobre in the 29'^ yere*^ of the 
 raiffne of our said Soverais!;ne Lorde. 
 
 JOHES GRACE. 
 
 JACOBUS SWETEMAN. 
 JACOBUS COMERFORTHE. 
 GILBERTUS DOBYN. 
 JOHES SMYTH. 
 EDWARDUS WATOUN. 
 WALTERUS COWIK. 
 
 JUR. EDUS DATOWNE. 
 WILLMS HOWELL. 
 PETRUS FORSTALL. 
 EDUS FORSTALL. 
 JACOBUS PURCELL. 
 OLYVERUS SHORTALL. 
 EDUS SHORTALL. 
 PATRICIUS FORSTALL. 
 JOHES CROKE. 
 EDUS BLANFELD. 
 
 1 
 
 > JUR. 
 
 > juil. 
 
 J 
 
 Fyrst the saide Jurye present and saye upon ther othe, that 
 this present yere the Inhibytauntes of the Towne of Kylkenny have 
 byn chargeid with coygne and lyverye for viii."'' Galloglasseis being 
 in nombre xvi.^'' persons,'' of the Lorde of Ossery, withoute thassent 
 of the saide Inhibytauntes, to ther importunat costes and charges. 
 
 * See a list of the Gentlemen of Ivil- 
 kenny at the period, printed at the end 
 of this presentment. 
 
 •^ The Lord Chancellor Allen, Sir 
 William Brabazon, and Justice Aylnier, 
 wrote to Cromwell, informing liim tliiit 
 on the 2nd of January, 15;>9, they 
 " kept cessions ther [at Kilkenny], 
 where was put to execution certayn 
 
 malefactours, some for felonyes, others 
 for murdours by them committed, . . . 
 the like precident whereof have not 
 been seen thies 200 yeres." — [State Pa- 
 pers, temp. Henry VIII., vol. iii., part 
 iii., pp. 112, 118.] 
 
 '^ A. D. 1537. 
 
 '^ i.e. Three hundred and twenty men. 
 Tlie diet of the Gallodasses Avas " on 
 
88 
 
 llie Presentments of Juries of the 
 
 Item, they present that all the salde Inhibytauntes of the salde 
 County byn chargeid with coygne & Lyverye by the said Lord 
 Ossery and all his children,'* over and besydes the said charge 
 whiche the sustayne for the said Galloglagheis, for all horssemen, 
 kernaghe, horsseboyes and ther horseis, haveing contynuall resort 
 from any countrey or partyes of Irland unto the saide Lorde Ossery 
 or any of his said children, to the greate costes and detryment of 
 the said inhibytauntes and ayenst all right and consyence. 
 
 Item, the saide Jurye present that all the Inhibytauntes of the 
 saide Countye of Kylkenny ben chargeid by the saide Erlle to 
 gyve mete, drynke, lodgeing and wageis unto all artyfycers and 
 laborers which the saide Erlle shalle by hymselff or his officers re- 
 tayne for any his byldeinges'' untill the clere fynysheing of the 
 same buyldeinges ; and also compelleith the said inhibytauntes to 
 carye and bryng with ther garrons or ploughorsseis all maner 
 
 fleshe dayes, fleshe, breade, and ale, and 
 on fyshe dayies, fyshe and breade ;" but 
 •when necessary they could endure gi'eat 
 privations, there being none " that will 
 or can endure the paynes and evill faire 
 that they will susteyne." They were 
 "harnessed in mayle and bassenettes 
 [chain armour and steel helmets], hav- 
 ing every of them his weapon, called 
 a sparre, moche like the axe of the 
 Towre," " and for the more part ther 
 boyes beare for them thre dartes a 
 piece, whiche dartes they tlirowe, or 
 they come to the hand stripe : these 
 sorte of men be those that doo not 
 lightly abandon the fielde, but byde the 
 brunt to the deathe." The galloglasses 
 were regular condottlerri, ready with 
 their captains to serve any man, or take 
 
 up any cause for pay [State Papers, 
 
 temp. Henry VIII., vol. ii., part iii., 
 pp. 208, 448 ; vol. iii., part ill., pp. 383, 
 444.] 
 
 * The children of Piers, Earl of Or- 
 monde and Ossory, by his wife Mar- 
 garet, second daugliter of Gerald, eighth 
 Earl of liildarc, whom he married in 
 
 1485, were, James, his successor in 
 the title, called Bocach, or the lame ; 
 Richard, created Viscount Mountgar- 
 ret ; Thomas, Margaret, Catherine, 
 Joan, EUice, EUeanor, and Ellen. The 
 Earls of Desmond, Kildare, and Ossory, 
 are charged in the State Papers, that 
 they, with " ther wiffiis, childyrne, and 
 servauntes, do use, aiftyr the custumbe 
 and usage off wyld Iryshmen, to come 
 with a gret multitude of peple to mo- 
 nastercis, and gentylmen ys howsis, and 
 ther to contynu 2 dais and 2 nightes, 
 taking met and drink at ther plesurs, 
 and ther horssis and kepers to be sheif- 
 tyd or dyvjdyt un the pore fermors, 
 next to that place adjoyn^Tig, paing 
 nothing therfor, so as they be found, in 
 in thys maner, in other mens is howsis 
 moo then halfF the yere, by the wild 
 Irish custume of extorcion, and spare 
 ther own howsis." — [State Papers, 
 temp. Henry "VlJUL., vol. ii., part iii., 
 p. 185.] 
 
 ^ It is a curious fact, that the tradi- 
 tions of the peasantry of the county of 
 lulkenny mix up the name of 111 dip- 
 
County and City of Kilkenny, S^x. 89 
 
 stuff or caryages for the said buyldeinges necessary or requysit at all 
 tymes, witlioute any recompence or payment made unto the said 
 inliibytauntes therfor, contrarye to ther duetye and ayenst ther 
 voluntarye rayndes to ther costes and chargeis. 
 
 Item, the saide Jurye present that the saide Erlle every festy vail 
 daye dureing the tyme of his buyldeinges sendeith unto the inlii- 
 bytauntes of the saide Countye at his pleasure all his masons, with 
 Avhome they doo take their mete and drynke, and paye nothing 
 therfor, to ther greate chargeis and ayenst ther wylles. 
 
 Item, the saide Jurye present that the said Erlle doithe by his 
 servauntes yerely levye and take of every inhibytaunt within the 
 Shyre of Kylkenny where it shall please hym and other exaccion 
 for his horsseis calleid Somer Otys,'^ paying no thing for the same ; 
 to ther great chargeis, and ayenst the myndes and willes of tlie in- 
 hibytauntes. 
 
 Item, the said Jury present that dyverse persons, being ser- 
 vauntes unto the said Erlle, callid his hunt, do use to come to the 
 mansion house of any inhibytaunt within the saide Countye, at all 
 tymes at ther pleasure, with ther greyhoundes, houndes, and other 
 dogges of the said Erlle, where dureing ther abode they do take as 
 well mete and drynke for themselffes as fedcinges for the said dogges, 
 withoute any thing paying therfor, whiche is repugnaunt to the 
 wylles of the said inliibytauntes.'' 
 
 giab nin 56ari6m, or Peg Garret, Earl oats, &c., should be rendered at stated 
 
 Pier's Countess, with the history, build- times ; these contributions, technically 
 
 ing, or demolition of nearly every castle "Acates" (from achatre, to ransom), 
 
 in the district. It is recorded that she being no longer necessary to keep up the 
 
 rebuilt the Castle of Gowran — [Arch- profuse hospitality of former days, are 
 
 dall's edition of Lodge's " Peerage," now commuted for a fixed money pay- 
 
 vol. iv., p. 21, 7Z.] In the State Papers ment. The complaint of the Jury seems 
 
 the Earl is charged with taking coigne to be that this custom was extended 
 
 and livery for " his masons, carpenters, beyond the Earl's immediate tenants, 
 taillours, being in his owne werkes." — '' See Introduction, p. 81, supra, and 
 
 [State Papers, temp. Henry VIII., vol. also a Paper by Mr. John P. Prender- 
 
 ii., part iii., p. 121.] gast, on "Hawks and Hounds in Ire- 
 
 ^ Nearly every ancient lease held land," printed in the " Transactions of 
 
 from the Ormonde family covenants the Kilkenny and South-East of Ire- 
 
 that as part of the rent a certain num- land Archa?ological Society," vol. ii., 
 
 ber of sheep, beeves, hogs, capons, p. 144. 
 
90 The Presentments of Juries of the 
 
 Item, the saide Erlle dothe use to sende to the Inhibytauntes 
 of the said Countye, his younge horseis studdes & horsboyes, who 
 have of the said Inhabytauntes aswell mete and drynke for them- 
 selfes as fedeinges for the said horseis dureing all the tyme that it 
 shalle please the said Erlle to have them to tary with suche inhaby- 
 taunt, paying notheing therfor, to no small costes and charges of the 
 said Inhibytauntes, fully ayenst the myndes of the saide inhaby- 
 tauntes. '^ 
 
 Item, they present that ther ar emonges the inhabytauntes 
 of this countrey many harpers, rymers, and messingers, whiche 
 comen at ther pleasures to any inhabytaunt, and wille have mete, 
 drynke, and dyverse greate rewardes ayenst the voluntarye wylles 
 of the same inhabytauntes, of an evyll custome. Wherefor they 
 desyre that it may be ordeyned that suche harpers, rymers, and 
 messyngers maye not take suche exaccions of the said inhabytauntes, 
 nor the said rymers to make any rymes of them, uppon certeyn 
 paynes to be lymytid.'' 
 
 Item, the saide Jurye present that often tymes the saide Erlle 
 his hoole famyly resortey th to the mansions of dyverse gentyllmen 
 and other inhabytauntes within the saide Countye, and takeith of 
 them cuddyes and cosshers, withoute any thing paying therfor, 
 
 ^ In 1542, the Deputy, St. Leger, chief poet, Mac Daire, to the effect that 
 
 writes that the late Earl of Ivildare he (IMac Daire) had a deadly weapon 
 
 always kept from two to three hundred — a venomous satire — to cast, which 
 
 stud mares; and we may be sure the would cause shortness of life, and 
 
 Earl of Ossory was not far behindhand. against which neither the soHtude of 
 
 —[State Papers, temp. Henry VIII., valleys, the density of woods, nor the 
 
 vol. iii., part, iii., p. 379.] strength of castles, could protect his 
 
 b The satirical powers of the Irish enemies— [TnJes of Ireland, p. 21] ; 
 
 Bards was much dreaded, and their and in the year 1537 Robert Cowley 
 
 laudations valued as well by the native writes to Cromwell, " that harpers, ry- 
 
 chiefs as by the Hibernicised Anglo- mours, Irish cronyclers, bardes, and 
 
 Irish lords. In 1414 we are informed isshallyn, comonly goo with praisses to 
 
 by the Four Masters that Niall O'Hig- gentihnen in the English pale, praysing 
 
 gin, a Westmeath poet, composed a in rymes, otherwise called danes, their 
 
 satire against Sir John Stanley, Lord extorcioners, roberies, and abuses, as 
 
 Deputy "of Ireland, which caused his vahauntncs, which rejoysith them in 
 
 death; and about the middle of the that their evell dolnges."— [State Ta- 
 
 sixteenth century a poem was addressed pers, temp. Henry YII., vol. ii., part 
 
 to O'Brien, Earl of Thomond, by his iii. p. 450.] 
 
County and City of Killenny, <^'c. 91 
 
 ayenst the myndes of suche gentyllmen or inhabytauntcs, and be- 
 sydes that every of his officers, as his Marssheall, Butler, the Coke, 
 wyth dyverse other his officers,^ wylle have sevcrall rewardes of 
 suche Gentylmen where the saide Erlle takeith suche coddyes and 
 cosshers, or elles the said officers wille take with them a Table clothe 
 or some other thing, for a plege, whiche they wille retayne untill 
 they be satysfyed of ther demaunde, ayenst right and consyence. 
 
 Item, the said Jurye present that the said Erlle compelleith 
 suche persons as be not of abylyte to recey ve hym into his house 
 ther to take cuddyes and cosshers at his pleasure, to sende unto one 
 of his manors where he shalbe assygneid, bredde, ale, and other 
 vytayles, contrary to the myndes of suche persons, and whereunto 
 ther habylytie scacely extendeith. 
 
 Item, the saide Jurye present that the chyldren of the said 
 Erlle use lyke imposicions uppon the said inhabytauntcs, at ther 
 pleasure, to ther greate costes and chargeis. 
 
 Item, the saide Erlle, his children, officers, and famylye, exacte 
 and have dyverse other exaccions and extorcions of the gentillmen 
 and other inhabytauntcs within the saide Countie, to their greate 
 costes and charges, whiche by contynuaunce wilbe to the utter im- 
 povershement and undoing of the said inhabytauntcs, oneles refor- 
 macion be therof shortly ordeyned and provideid. 
 
 Item, the saide Jury present and saye, uppon ther othes, that 
 when and as often as the said Erlle dothe purchase landes and 
 tenementes within the saide Countie, holden of any gentillman or 
 other person or persons within the saide Countye, by fealltye, rent, 
 or other services and customes ; and also dyverse tymes oneroid 
 with the sessementes to hosteinges, and sundry other taxcis and 
 charges going oute or yerely due of the said landes ; whiche 
 
 * The constitution of the households and their accounts rendered in and au- 
 of the nobles seems at this period, and dited -with the utmost regularity, are 
 for two centuries after, to have been still preserved in the Evidence Cham- 
 formed on the plan of that of royalty it- ber, Kilkenny. Whilst the Duke, in his 
 self. The comptroller, steward, receiver, regal liberty of Tipperary, had his 
 treasurer, butler, clerk of the kitchen, judge, attorney-general, seneschal, and 
 cook, &c., were officers in the house- all other officers ans-vvering to those of 
 hold of the great Duke of Ormonde, the king's courts. 
 
92 
 
 The Presentments of Juries of the 
 
 charges, or any parte tlierof, the said Erlle, after any suche pur- 
 chase denyeth to paye, but by his- extorte power wille holde the 
 saide lande dyschargeid and exonerated ayenst all persons, as well 
 of rentes as other the said taxes and charges, and wille not suffer 
 the same to be levied of the said land, by reason wherof the owners 
 and fermors of other landes Avithin the said Countye are cesseid 
 and taxeid to a gretter some, to no lytill charge of the said Owners 
 and fermors, and diverse persons abridgeid and barred of ther 
 dueties'^ froinsf oute of the said landes or tenementes. 
 
 Item, the saide Jurye present that Edmund Butler, bastard 
 Sonne of one Jamys Butler, haveing no certen dwelleing place, but 
 vagarnt within the saide Countye, dothe comynly use to take 
 foyes, cuddyes, coshers, money, and otys of all the inhabytauntes 
 within the saide Countye at his pleasure, withoute any thing paying 
 
 * The number of deeds of purchase 
 of lands acquired by Piers, Earl of Or- 
 monde and Ossory, and IMargaret, his 
 wife (the Countess is generally a party 
 in the deed), remaining amongst the Or- 
 monde Evidences, is very gi-eat. A pre- 
 sentment of the gentry of the county of 
 KUkenny, dated April 3rd, 1592, and 
 made in answer to certain articles pro- 
 pounded by Royal Commissioners, a 
 contemporary copy of which is pre- 
 served amongst the Ormonde Evi- 
 dences, states : — " To the thirde article 
 we say that the quantity or number of 
 acres of every the said ploughlands [in 
 the county of Kilkenny] are not to be 
 certainly known, because the said 
 ploughlands or horsemens bedds were 
 (as wee understand) made in the be- 
 gining by view and estimation, and not 
 according to the quantity or number of 
 acres : we alsoe find that of the said 
 ploughlands or horsemen's bedds, beinge 
 in number eighty-foure, the said Earles 
 [Thomas, Earl of Ossory, the grandson 
 of Piers and INIargaret] p'vision in the 
 said sev7all Baronies or quarters doe 
 amount to seaven and twenty plough- 
 
 lands, and the fourth part of a plough- 
 land, which are now kept free by vertue 
 of her Ma"''^ Letters of freedom or tol- 
 lerance latelie graunted unto the said 
 Earle." In the Irish Council Book, 
 temp. Phihp and Maiy, and Elizabeth, 
 is entered an order from the Queen, 
 dated June 30th, 1569, directing the 
 Lord Deputy to take measures to free 
 the Earl of Ormonde's lands, in the 
 counties of Kilkenny and Tipperary, 
 from all cesses, other than royal sub- 
 sidies, in consideration of his abandon- 
 ing certain taxes, which he had been 
 accustomed to raise off the inhahitants 
 for his personal expenses ; but allo^^^ng 
 him to raise victuals for his house at the 
 Queen's rate of payment — ["Original 
 Council Book," in the library of Charles 
 Haliday, Esq., Monkstown Castle, Co. 
 Dublin.] The Editors are indebted to 
 John P. Prendergast, Esq., for this im- 
 portant confirmation of the truthfulness 
 of the Presentments. Mr. Prendergast 
 spates that Mr. Haliday's invaluable 
 MS. supplies the gap between the pub- 
 lished State Papers of Henry VIII. and 
 the times of James I. 
 
County and City of Kilkenny^ ^x. 93 
 
 tlierfor ; any denyer by any person to him made to the contrarye 
 notwithstandeing. 
 
 Item, the present that every of the Iryshe Judges, called 
 Brennes, Avithin the said Countye, doo evei'y 2''^ yere take of every 
 towne or hamlet within the saide Countye, 20*^ for the price of one 
 swyne, whiche he wrongfully demaundeith of every of the saide 
 ToAvnes or hamletes to be due unto hym, by reason that he is suche 
 Judge. 
 
 Item, they present that the Curates for the moste of every 
 Paryshe Churche within the Countye aforesaide, do take for his 
 crysteynynges of every chylde 12', and for puryficacion 12'^ or IG**, 
 and other exaccions for the admynistracions of Sacramentes, ayenst 
 the lawe of Godde, and the mere duetye of every suche Curate. 
 
 [Lambeth MS., 611,^5/. 87.] 
 
 The names of all the Gentlemen inhabitinge the Count' of Kilkeni, w**" 
 theire landf valewed by Estimation as followeth:* — 
 
 Landf houlden by Knightf service of the raanno'' of the Grannagh by — 
 
 Daton and his kinsmen c mJkf 
 
 James Sherlocke his Landf . . . . x" 
 
 The Bishopp of Osseries Landf . . . vj" 
 
 Piers Welshes Landf xl miks 
 
 Thomas Grant his Landf xv" 
 
 ,,. T, Edmund Grant his Landf viii" 
 
 1 HE Barony •> 
 
 OF Gkan- Willm Welshe and his Cosens Landf . x" 
 
 James Grantf Landf xx" 
 
 Patricke Dobins Landf xij" 
 
 Peter Strongf Landf** Ij" 
 
 Galle" his Landf xxx" 
 
 John fitz Willm fitz Adam his Landf . vj" 
 
 Thomas Day his Landf xx" 
 
 » There is no date to this list, but it where the present head of the family, 
 
 cannot be many years later than the Peter Strange, Escj., resides. 
 
 Presentments. It was transcribed for <^ The proper name of this family was 
 
 the Society by W. J. O'Donnavan, Esq. Bourke, or De Burgo, as appears by 
 
 '' Of Dunkit and Avlwardstown, an opitaph in the old diMrcIi of Gruih- 
 
94 
 
 The Presentments of Juries of the 
 
 Mr James Butlers Landf xx" 
 
 Redmond Roches Landf xx'' 
 
 Walter fForster his Landf xx" 
 
 Edmond fforster his Landf .... xv'' 
 
 Aylwardf Landf xiij" 
 
 Thk Barony Archdekens Landf vj" 
 
 nAOH— con. Gerald tforsters'' Landf ...... x'' 
 
 Piers fitz John Butlers landf . . . . xx m/ks 
 
 Edmond Butlers landf xxx'" 
 
 James De fFreny his landf Ix" 
 
 Olyver de fFreny his landf v'' 
 
 The Baron of Brownesford'' .... 1" 
 
 v' xliii'' 
 
 XUJ 111] 
 
 The Barony 
 OF Knock- 
 
 TOFER. 
 
 Landf houlden of the Manno'' of Knocktofer. 
 
 Edmond Welsh and his Kinsmen . . clj" 
 
 Olyver fFayngf landf viij'' 
 
 Rob' Tywe his landf x" 
 
 David Howlingf landf v" 
 
 James Howlingf landf vij" 
 
 Edward Howlingf landf iij'' 
 
 Nicholas Whitf Landf xl" 
 
 James fitz piers Butlers Landf . . . iiij'' 
 
 Purcelles of Kilkerely his Landf . . vj" xiij' 
 
 Adame Welshes landf x'' 
 
 John Howell als gilledust helehis landf v" 
 
 Wadton"" his landf xx'" 
 
 mj^ 
 
 kille, and several documents in the pos- 
 session of Dr. O'Donovan, but they 
 were better known by their tish de- 
 scriptive epithet of Gaul, or Stranger. 
 Gaulstown, in the barony of Iverk, was 
 their principal seat. From Wilham 
 Gaul-Bourke, of Gaulstown, descends, 
 by his daughter Catherine, wife of 
 Edmond O'Donovan, John O'Donovan, 
 LL. D., the learned L-ish scholar and 
 
 historian See "Transactions of the 
 
 Kilkenny Arcliffiological Societj," vol. 
 i., p. 26-i. 
 
 • Walter Edmond and Gerald Ffor- 
 stall. It was stated in a pedigi-ee, which 
 was in the possession of the late Pierce 
 Edmond Forestall, of Rochestown, that 
 the original name was Forrester. The 
 Rochestown branch is now extinct, and 
 a Mons. C. Forestall, of Paris, is be- 
 lieved to be the head of the Kilkenny 
 Forestalls. 
 
 '' The name of this family was Fitz- 
 gerald. 
 
 "^ Walton is the correct name of this 
 fanuly. 
 
County and City of Kilkenny, <S,r. 9.5 
 
 The Barony Poer of porers wod* v" 
 
 OF Knock- rpj^^ churchtown of ererepout and the old 
 
 TOFER — con. cj i 
 
 townebelonginge to diuerse burgesses x' 
 
 cc iiii"v" xiij" iiij^ 
 
 Landf houlden of the Manno' of Calane. 
 
 Wilhii Swetman his landf Ixxiij" 
 
 Richard Barons'' Landf xxx" 
 
 Thomas Comerfordf landf xl" 
 
 Richard Cotnerford & Wilhn faninge . xxx'" 
 
 St. Legers Landf xxvj" xiij' iiij" 
 
 „ „ ffowlke Comerfordf Landf .... xl" 
 
 The Barony 
 
 OF Kelles. Willra Crokf landf V 
 
 James Butlers landf vj" 
 
 David Butler and his kinsmen . . . xxj" 
 
 James Tobens Landf x' 
 
 John Tobens Landf xx" 
 
 Nicholas Deverony & Willm Lincolt . x" 
 
 iij' xj" xiij" iiij" 
 
 Landf houlden of the Manno' of Gawran. 
 
 Thomas Dobens Landf xP 
 
 Thomas Den his Landf Ij'' 
 
 Patricke iForsters Landf Ij" 
 
 Ryan and his kinsmens Landf . . . c" 
 
 John Cantwells Landf Ix'' 
 
 Edmond Butler of Powleston .... xP 
 
 The Barony Donell fitz Piers his Landf . . . . v'" 
 
 of Gawuan. Patricke fitz Geralds landf .... iiij" 
 
 Edmond fitz Nicholas Landf .... iij" 
 
 The Bishopp of Osseries Landf . . . c'' 
 
 Gerald Blanch ville and his bretheren . c m/ks 
 
 Robert Sartall his Landf xxvj" xiij' iiij^ 
 
 John Longe his Landf v ' 
 
 Richard Sartall his Landf xij" 
 
 » U Poer, of Poor's ^Vood, in the ^ Richard Fitzgerald, Baron of Burn - 
 
 parish of Innistioge ; the name is now church; this family, wliicli is now roprc- 
 
 written Power, but the peasantry re- scnted by Sir Henry Winston Barron, 
 
 tain the old pronunciation, and call the of the county of Waterford, was as often 
 
 townland Poor's Wood. named " Baron" as " Fitzgerald." 
 
 I 2 
 
96 The Presentments of Juries of the 
 
 TheBaront Robert Tobens Landf v" 
 
 ^J^ Geoffrey Purcell his Landf . . . . c m/ks 
 
 Donell fitz Patricke his Landf . . . x" 
 
 Robnete Purcells Landf x" 
 
 James Cowley and his bretheren" . . xiij" vj' viij** 
 
 vj" Ixix" vj' viij** 
 
 Landf houlden of the Manno"" of Kilkenny. 
 
 The viscont Montgarretf Landf . . . c^' 
 
 Gerald Archedeken his Landf . . . xxx'' 
 
 Richard Archedeken and his kinsmen . xxx'" 
 
 Olyver Sartall his Landf iiij"" 
 
 The Bishopps Landf c m/ks 
 
 John Smythe his Landf xx'" 
 
 Richard Grace and Onselle grace . . x'" 
 
 Piers Sartall his Landf vj" 
 
 John Clynton his Landf x" 
 
 Willm Bourdes his Landf iiij" 
 
 The Barony John Richfordes Landf xx" 
 
 OF GaWLE. t - 1 • t t ^ li 
 
 Lawat his Landf xx 
 
 Richard Sbete his Landf xx'' 
 
 David Roth his Landf x" 
 
 Walter Archer his Landf vj'' 
 
 Edmond Shete*" his Landf vj" 
 
 Piers Baron his Landf vj" 
 
 Piers Ragged his Landf v" 
 
 Robert Sentlegers landf xiij** 
 
 Oliver Grace and his kinsmen . . . exx'' 
 
 James fitz Richarde Butlers Landf . . xiij" xiij' iiij"^ 
 
 v" iiij" xvj" vj' viij^ 
 
 The iij"* pte thereof is to be sett uppon upper Osseries" fo' y' it con- 
 teineth the iij** pte of the Contrye. 
 
 * Ancestors of the Duke of Welling- settled in Iveragh, in Kerry, 
 
 ton. — See "Transactions of the Kil- •= At this period the Barony of Upper 
 
 kenny Archa3ological Society," vol. ii., Ossory, comprising the present Baro- 
 
 p. 102. nies of Upperwoods, Clondonagh, and 
 
 ^ Richard and Edmond Shee. The Clarmalagh, were, in legal acceptation, 
 
 Lish form is 0'Sea§&a, anghcised part of the county of Kilkenny. This 
 
 O'Shoth, O'Shea, and Slice, and be- valuation would seem to have been made 
 
 longed to a INIilesian family originally for the purpose of taxation. 
 
County and City of Kilkenny, t^r. 97 
 
 THE VERDYT OF THE COMMYNERS OF THE COUNTYE OF 
 
 KYLKENNYE. 
 
 lOctober, 1537.— J/^S. State Paper Office.'] 
 
 WILLIAM TRODDYE OF CALLAM.'' JUR. 
 
 PIERS HERFFORD OF THE SAME. | 
 
 JAMYS MOTEINg'' OF THE SAME. i>JUR. 
 
 RICHARD FANNEING OF THE SAME. | 
 
 JAMYS MOUNSELL OF THE SAME. ] 
 
 WILLIAM HOWLING OF THE SAME. >JUR. 
 
 EDMUD FORSTALL OF INYSTYOKE. j 
 
 WILLM POWER OF THE SAME. '^ 
 
 RICHARD WALSHE OF THE SAME. 
 JAMYS ARLAND OF THE SAME. 
 JAMYS KARRON OF THE SAME. J 
 
 Vjur. 
 
 THOMAS POWER OF KNOKTOFER. 
 JAMYS TYWE OF Y^ SAME. 
 NlCiiUS FYTZJOHN OF Y*^ SAME. 
 
 1 
 
 )>ji;r. 
 
 J 
 
 TEYGE LACYE OF THE SAME. 
 
 WILLM LORKNAN OF THAUNSTONE.' >JUR. 
 
 JAMYS WHYTE OF Y^ SAME. j 
 
 » i. e. Callan. The " Gentylmen" of Kilkenuy. There is a Iragnieiit of an 
 
 the county seem to have answered for ancient monument in Callan Church to 
 
 their tenantry and retainers, for the the memory of "PhilipusTroddyquoda 
 
 Jury of the '' Commyners of the coun- bm'ges' ac notarius curialis ville Cal- 
 
 tye of Kylkennye" is selected from the lanie qui obiit xv° die m .... A. I), 
 
 small corporate towns of Callan, Innis- M. V Ixiii." Another fragment has tlic 
 
 tioge, Knocktopher, and Thomastown. name " Jacobus Throdyi." 
 
 Gowran (equally with others comprised '' Nicholas Motyng, Chancellor of the 
 
 within the county of lulkenny) is not Cathedral of St. Canice, was probably 
 
 represented, although of more import- connected with this Callan family. [See 
 
 ance than Innistioge or Knocktopher. The History, Architecture, and Anti- 
 
 To remedy this omission, the complaints quities of the Cathedral Church of St. 
 
 of the commoners of Gowran seem to Canice, p. 2G6.] 
 
 have been embodied in the Presentment ' i. e. Thomastown, so called after 
 
 of the Corporation of the Irishtown of its ibundrr, Thomas Fitz Anthony. 
 
98 
 
 Jlie Presentments of Juries of the 
 
 Fyrste, they present that Coyne and Lyverye is useld by my 
 Ijorde of Ostrey^ upon all the hoole countrey, Porf" Townes onely 
 excepteid, and yet useid also by all his freholders, every one of 
 them upon his owne tenauntes, and elles where over all. 
 
 Item, the saide Lorde of Ostrey useith Galloglassheis, and le- 
 vieth ther wages upon all the hoole countrey. 
 
 Item, the saide Jurye present that the saide Lorde oi' Ostrey 
 liathe 2 severall companyes of kernes going quarterly, that is to 
 saye, eche of them 4°'' tymes of the yere over all the countrey from 
 one towne to another, and leave none, and ther take mete and 
 drynke withoute paying therfor; and wher they lack mete they 
 take money. And Edraunde Purser*^ and William Purser, bre- 
 thren, ar captaygnes of the one kerne, and Robert Astyken'' and 
 Jamys Astyken ar captaynes of thother kernes. 
 
 * i. e. Ossory. All through these 
 Presentments, Sir Piers Butler, Earl of 
 Ossory, is the person so designated. 
 
 ^ Possibly towns with walls, and ports 
 or gates. 
 
 <^ A mistake of the scribe for Purcel. 
 The family of Purcell, or De Porcellis, 
 were of Anglo-Norman extraction, and 
 claimed descent from Purcell, " Lieve- 
 tenant of the Army [Strongbow's] slaine 
 by the Watefordians." — [Hanmer s 
 Chronicle, Dublin, 1633, p. 137.] The 
 principal Kilkenny branch of the fa- 
 mily appears to have been settled at 
 Ffoulksrath, but there were also offsets 
 residing at Ballyfoyl, Lismain, Clone, 
 and Ballymartin. Edmund Purcell, the 
 captain of kerns here presented, died 
 in 1549, and was buried in the Cathe- 
 dral of St. Canice, where his tombstone 
 still remains, the inscription on which 
 terms him, in barbarous Latin, " Capi- 
 tanus turbariorum comitis Ormonie." 
 [See The History, Architecture, and 
 Antiquities of the Cathedral Church of 
 Pt. Canice, p. 250.] • 
 
 '' i. c. Archdeacon. Sir Stephen Ar- 
 chidiacon, Knight, is one of the wit- 
 
 nesses to William ISIarshall's charter to 
 Dunbrody Abbey. In 1218 he made a 
 grant to the Prior of Innistioge, which 
 is witnessed by Thomas Fitz Anthony, 
 Seneschal of Leinster [Archdall's Mo- 
 nasticon], whose daughter and co- 
 heiress, Dissere, he married. It appears 
 byInqmsition,Xo.lO,Jac. I., that Arch- 
 deacon of Dangan andDenn ofGrenan 
 conjointly held a court-baron, " super 
 terram dominicalem," of the vill of 
 Thomastown, as co-heirs of Thomas 
 Fitz Anthony. Sir Sylvestre le Erche- 
 dekine is mentioned in the Printed 
 EoUsof32Edw.I. 
 
 Sir Reymund Lercedekne was sum- 
 moned as a Baron to Parliament, on 
 the invasion of Ireland by the Bruces, 
 4 Edw. IL, and again, 18 Edw. II. 
 Sirs Edmond and William Ercedekne 
 were summoned to attend the war 
 in Scotland anno 1335. [Rymer.] 
 Sir Thomas and Sir Odo le Ercedekne 
 were among the knights taken prisoners 
 at the Battle of Bannockburn ; but 
 they were probalily Thomas and Odo 
 le Archdeacon of South Wales, whose 
 pedigi'ee is given in a MS. penes the 
 
County and City of Kilkenny^ cj'c. 
 
 99 
 
 Item, they present that the ke[)er5> of my Lorde of Ostreys 
 studJes and of his houndes-' do use coyne and lyverye over all, 
 quarterly. 
 
 Item, the saide Jurye present that all the saide Lorde of Ostreys 
 freholders use lyke coyne and lyverye, that is to saye, suche of 
 them as have studdes. 
 
 Item, the saide Jury present that Edmund Fitzjames of Or- 
 mounde,'' useith to take certein money on every towneship at 4°'' 
 severall tymes of the yere ; and where he can have no money, he 
 takeith mete and drynke to the value of the money, as he lyste to 
 sesse it, that is, of some Towne 2** and some 20'', and so more or 
 lesse as the Townshi]) is of power. 
 
 Item, the saide Jurye present that the saide Lorde of Ostrey 
 useith certen mete and drynke ones yerely, callid guyddye,"" upon all 
 his owne servauntes and tenauntes, and not elswhere. 
 
 Item, the saide Jurye present that the saide Lorde of Ostrey 
 levieth yerely in the tyme of Lent, certen Otes of every Township 
 over all the countrey for his chief horsse."^ 
 
 Item, the saide Jurye present that ther is a lawe useid over all 
 
 Earl of Cawdor. Theobald, sonofOdo, 
 was summoned as an English Baron to 
 Parliament, 14 Edw. II. There was 
 also a family of this name settled in the 
 county of Devon, and another in Corn- 
 wall [Dugdale's Monasticon Angli- 
 can., and Kearsley's Peerage.] Odo 
 le Ercedekne appears to have been the 
 first of the name settled in Ireland ; 
 and when the family grew *' L-ish," 
 it assumed from this Odo the patrony- 
 mic of Mac Odo, shortened to Cody. 
 Cody and Aixhdeacon are aliases to 
 the present day in the county of Kil- 
 kenny, where, especially in the neigh- 
 bourhood of Thomastown, the names 
 are common. 
 
 " See p. 89, supra. 
 
 '' Probably Edmund, the eldest son 
 of Sir James Butler, and Sawe Cava- 
 nagh, his wife, born before marriage, 
 but after betrothal ; who, with his 
 
 brother Theobald, though luuliers by 
 the law of the Church, in consecjuence of 
 the subsequent marriage of their pa- 
 rents, was pronounced base-born by 
 Act of Parliament in favour of Sir Piers 
 Butler, tlie eldest sou born after mar- 
 riage. The only objection to this iden- 
 tiiicatlon is that, in 1501, Theobald, 
 the son of this Edward, was cited to 
 defend his right, which looks as if his 
 
 father were dead [See The History, 
 
 &c., of St. Canice, pp. 186-88.] 
 
 "•'i.e. Cuddie. Ciiid- oidche, WicrnWy 
 "a portion for one night," was the 
 Gaelic term for the suppers to which 
 a chieftain was entitled from certain 
 occupiers of the clan country. 
 
 '' The " cliief horsse" were those used 
 to carry the heavily accoutred knight or 
 nian-at-arnis. Seethe " Ivildare Keu- 
 tal," in cour.-;e of publication in the 
 "Journal" of the Society. 
 
100 The Present ments of Juries of the 
 
 the countrey, callid Brehens lawe, whicbe is mayntayned by all the 
 Lordes of this lande, and moste specially within the Countie of 
 Kilkenny,'' whiche Lordes commynly have eche of them one severall 
 Judge under them ; the Judges name undre my Lorde of Ostrey, 
 Rory Maklane. Thye whiche Judges shalbe successyvely chosen 
 for the supportacion of the saide lav/e. 
 
 Item, the saide Jurye present that the saide Judgeis have ones 
 every 2 yeres one hogge or elles 20'' in redy money, for his fee, 
 upon every Township under his jurisdiccion. 
 
 Item, the saide Jurye present that the saide Judgeis use upon 
 every accion of dett or detynue or otherwyse, the judgement given, 
 do take the 20"^ parte of the some judgeid to the recoverer, whiche 
 is levied upon the parte so evicteid. 
 
 Item, the saide Jury present that aboutes Midsomer last past 
 one Jamys Kennedy, sonne to the Prior of Knocktover,^ did 
 burne the house of one Donoughe Makdonell, and therapon taken 
 and imprisoned ; upon whiche burneing the saide Irishe Judge, and 
 his Sonne Avith him, compellid the saide Prior and Convent to paye 
 10 markes to the partie trespased, and to themselffes 40% and that 
 payed, delyvered the prisoner at his lybertie. 
 
 ^ The prevalence and authority of But when this was written, we did not 
 
 the ancient Brehon or common law of remember that there was in the Bre- 
 
 Ireland, in a county hke Kilkenny, honic code a law called " kincogus" 
 
 which was almost altogether colonized (often corrupted into " kylcogus" and 
 
 by English settlers at a very early pe- "kylcolgas"), from cm, cnme, debt, lia- 
 
 riod, is exceedingly curious. When the hility, and com-pocup, kindred., rela- 
 
 Commission on the Irish Brehon Laws tions, which (as we are informed by 
 
 shall have given its labours to the world, Dr. O'Donovan) provided that unless 
 
 we then, and not till then, may hope to the tribe outlawed an offender or 
 
 seethesubjectinallits bearings fuUyelu- debtor of their kindred, they were col- 
 
 cidated. That the people preferred the lectively accountable for his crimes or 
 
 Brehon to the Statute law, we have seen debts. It prevailed where Irish cus- 
 
 at p. 83 supra. The Brehon of the toms had superseded English Statute 
 
 Earl of Ossory is called Rory Mac law ; and a modification of it was sub- 
 
 Laughire in the Presentment of the sequently introduced into the Statute 
 
 Corporation of Kilkenny, which also Book (11th Eliz., cap. 4). Mac Gille 
 
 mentions the Irish customs called the Eain was the old form of Mac Lean 
 
 '• Statutes of Kylcas," conjectured, at [Four JSIasters, a-oI. v. p. 1364.] 
 
 p. 78 supra, to have been regulations ^ i. e. Knocktopher See "Archdall's 
 
 framed at the Earl of Ossory's castle of Monasticon," p. 376, for a reference to 
 
 Kilcash, in the county of Tipperary. the transaction. 
 
County and City of Kilkenny^ Sfc. 
 
 101 
 
 Item, the saide Jurye present that when the saide Erlle of Os- 
 trey hathe any buyldeinges or reparacions of any of his castelles or 
 other edyfices or workes to do, he compelleith his tenauntes, or 
 suche other of the countrey as he lykeith, to worke upon the saide 
 buyldeinges and edyfices at ther owne propre costes and chargeis.'* 
 
 Item, the saide Jury present that all the saide Erlle of Ostreis 
 freholders use in lyke maner to compell ther tenauntes to do lyke 
 workes. 
 
 Item, the saide Jurye present that upon every murder com- 
 mytteid, the hole kynred of the partie murderid doo use to compell 
 the hoole kynred of the murderer to come before the saide Irishe 
 Judge, and then the Judge will compell the defendauntes eche of 
 them to be contrybutaries to suche some of money as shalbe ad- 
 judgeid by him, and two partes therof to be paied to the principall 
 captayne of the playntyfes, and the 3"^ parte therof to the next of 
 the bludde of the partie murdereid, and so the murderer is quytte.*" 
 
 * R. Cowley, writing to Cromwell in 
 1537, states that the Earl of Ossory 
 was ready to build castles to restrain 
 the Mac Mun-oughs and Kavanaghs, if 
 the King would do the like in Odrone 
 and Mac INIurroughs' country adjoining 
 the Earl's lands, and goes on to say — 
 "Such pyles and holdes as the Iving woll 
 buylde in the marches of the English 
 pale, the inhabitauntes there woll gladly 
 fjTide cariadge of stones, lyme, sannde, 
 and tymbre, and labourers to cast 
 hedges and ditches." — [State Papers, 
 temp. Henry VIII., vol. ii., part iii., 
 p. 449.] 
 
 ^ The Irish custom of levjing a fine 
 in cases of what we now call murder 
 and manslaughter is here very strik- 
 ingly put forward. A fighting man 
 was of too much importance to his 
 sept and chieftain to exact blood for 
 blood. The custom seems to have been 
 early introduced amongst the English 
 in Ivilkenny ; for we find by the record 
 of an inquiry and adjudication on a 
 quarrel and alfray which took place 
 
 between the Enghsh of Tipperary and 
 the Enghsh of the Liberty of Kil- 
 kenny, in the neighbourhood of Callan, 
 in the latter county, that it was ad- 
 judged that Hugo Purcell, Sheriff of 
 Tipperary, for himself and his followers 
 should pay to the Lord of the Liberty 
 of Ivilkenny one hundred and six 
 marks and forty pence ; viz., for each 
 Englishman that was slain twenty 
 marks, and for each L-ishman slain, 
 five marks and forty pence — [Flea 
 EoU, 28 Edw. I., membrane 29.] The 
 Liberty of Kilkenny was at that time 
 coextensive with the present diocese of 
 Ossory, and its Lord was Gilbert de 
 Clare, Earl of Gloucester and Hereford. 
 The Irish came in as alUes to the Eng- 
 lish combatants on each side ; the 
 O'Shees helping the Tipperary ' ' fac- 
 tion," and the O'Glorys the Kilkenny 
 men. It is worthy of remark that this 
 award was made by the authority and 
 at the command of the royal Justiciary, 
 John Wogan. This Koll is preserved 
 in the Excheciuer, Dublin. 
 
102 The Presentments of Juries of the 
 
 Item, the saide Jurye present that Robert Kothe, now Sove- 
 raigne of the Towne of Kylkenny, hathe diverse grey merchauntes" 
 whiche forstall the market, not onely of ahnaner of merchaundyseis, 
 but also of vy tallies ; in suche wise that the market is not duely 
 serveid as it ought to be, ne the kinges poore subjectes can have 
 the saide merchaundyseis ne vytailles soo good chepe as they were 
 wonte. 
 
 Item, the saide Jurye present that Gefferey Rothe, llichard 
 Rothe, John Rothe, Piers Rothe, Nicholas Haket, Thomas Purser,^ 
 Robert Shey, Edwarde Lyner, Robert Dolyng, and manyother mer- 
 chauntes of the Towne of Kylkennye, whose names the saide Jurye 
 knowe not, have lyke grey merchauntes. 
 
 Item, the saide Jurye present that ther ar many other merchaunt- 
 men of the Citie of Waterford do use lyke grey merchauntes, whose 
 names ensue, vizS PatrikWelche, Thomas Lumbard, Henry Welche, 
 younger, Henry Welche, sen""., Patryk Welche the younger, James 
 Welche, Sherlok, Edward Shyrlok, Jamys Sherlok, jun'"., Richard 
 Lombard, David Baylif, William Madan, Jamys Baylif, Morice 
 Wyse, William Lyncoln, Mallage Tressey, goldesmyth. Piers Do- 
 bin, Denys Porsell, John Neyle, John Lee, Nicholas Lee, Robert 
 Lee, and many other whose names they knowe not, and use also 
 to forstall the marketes, and also regrate*^ the same ; so that there 
 is not unethes a hide to be boughte in no market ne elsewhere but 
 at ther handes and at ther pleasure, ne wolle, vytalles, ne other 
 thinges. 
 
 Item, the saide Jurye present that one John Isam, servaunte to 
 Mr. SeintlowC*, aboute Midsomer last past, did take and cary awaye 
 
 * Grey merchants (it appears by the oSrd year of Henry VIII [Statutes 
 
 Irish Statute, 11 Eliz. cap. 5) were of Ireland, pp. 102, 1G9.] 
 
 those who, with intent to sell again, '' i. e. Purcell. 
 
 purchased " hydcs, felles, checkers, <= Forestallers were those who bought 
 
 fleges, yarne, linnen cloth, wooll, or commodities coming to any market, and 
 
 flockes, in any other place or places before they arrived at same. Eegra- 
 
 but only in the open market or fajTe." tors were persons who " bought by tlie 
 
 The term seems to be synonymous with great, and sold by retaile." — [Cowell's 
 
 "forestaller." The original Act against Interpreter, in verh.'\ 
 
 Grey IMerchants, revived by the above '' William St. Loo, Esq., was an Eu- 
 
 Statute, was passed at Dublin in the glish gentleman of family, a younger 
 
County and City of Kilkenny^ ^'c. 
 
 10^ 
 
 the Avyfe ol' Piers Eyloward of Waterford, and sone after she was 
 founde by her husbondes frindes and caried to the Castell of Dun- 
 garven,'' and the saide John folowid herre, and she bemg defendeld 
 by one of my Lorde Jamys^ servauntes, whome by the saide John 
 ther was murtherld, and therapon the saide John was attacheid 
 and brought to the Castell of Kylkenny, and afterwarde brake oute 
 of the said Castell/' and nowe is at lyberty unpunysheid. 
 
 brother of Sir John St. Loo, who came 
 over at the time of Silken Thomas's re- 
 volt. He was Seneschal of the Palati- 
 nate Liberty of Wexford for several 
 years. The Lord Deputy and Council 
 report, in 1542, that he had been ac- 
 cused of certain murders and felonies, 
 and arraigned in open sessions, when 
 he refused the King's pardon, stood 
 his trial, and was fully acquitted. 
 John Isham was probably a cadet of 
 the Northamptonshire family of that 
 name, of whom Sir John was created a 
 baronet in 1G27. In a MS. volume of 
 pedigrees, penes the Earl of Cawdor, 
 Sir Nicholas Arnold, Lord Chief Jus- 
 tice of Ireland In 1564, is said to have 
 married JNIargaret, daughter and heir 
 of John Esam, o{ [blank], in Dorset- 
 shire, son of Roger Esam, Esq. The 
 office of Seneschal of the county of 
 Wexford was granted to this John, 16th 
 
 November, 1548 [State Papers.] He 
 
 is stated, in the Visitation of Wexford, 
 to have left five co-heiresses, of whom 
 Catherine married Nicholas Stafford, 
 Esq., of Ballymacarne, and Mai'garet 
 married Nicholas, son and heii" of Wil- 
 liam Hore, Esq., of Harperstown, and 
 secondly, Sir Nicholas Arnold. In a 
 pedigree of Power, of Donisle, county 
 of Waterford, " a daughter to Isani in 
 the county of Wexford" is said to have 
 been married to Pier.s, second son of 
 Nicholas Power (Baron) of Donisle. — 
 [Carew MS., 635.] The John Isham 
 in question had been in the service 
 
 of Protector Somerset, and was not 
 a " servant" in the present accepta- 
 tion of the term, having been a young 
 gentleman-retainer to St. Loo, an En- 
 glish-born knight, Seneschal of the 
 County Palatinate of Wexford. He 
 himself succeeded to this high office in 
 1548, and died at Bryanston, in that 
 shire,inl554.^[MS.,S.P.O.] Hemar- 
 ried EUen Woodlock. Sir Piers Ayl- 
 ward was knight of the shire for the 
 county of Waterfoi'd in 1 559. 
 
 •'' Dungarvan, county of ^V aterford. 
 This was then a Royal Castle, the cus- 
 tody of which was at this time com- 
 mitted to the Earl of Ormonde. 
 
 ^ Lord James Butler, who succeeded 
 his father as Earl of Ormonde. 
 
 '■ This was not the first time Ivil- 
 kenny Castle was used as a prison, or 
 that malefactors escaped from it. Clyn 
 relates that, on the eve of Ascension- 
 day, in the year 1338, Eustace La Poer, 
 then Seneschal of the Liberty of Kil- 
 kenny, arrested and imprisoned therein 
 Fulco and OHver de la Frene, without 
 any ostensible cause ; who, fearing his 
 malice and vindictive temper rather 
 than the rigour of justice, Oliver the 
 next day escaped from the fortress, and, 
 assembling his retainers and friends, 
 on the day after, " cum manu vaUda," 
 burst in the castle gates, and delivered 
 Fulco from durance, in .spite of the 
 Seneschal. — [Clyn's Annals, published 
 by the Irish Archajological Societj', 
 p. 28.] 
 
104 
 
 The Presentments of Juries of the 
 
 Item, the saide Jurye present that where ther is an acciun de- 
 pendeing betwene Edmund Arsepreche, playntyf, and Thomas 
 Sertall, defendaunt, whiche Edmund of his owne wilfull mynde, 
 and contrarye to the kinges lawes, did forcybly take one horsse as 
 a pledge from the said Thomas, withoute takeing any officer wyth 
 him. 
 
 Item, the saide Jurye present that where ther was a wryte of 
 subpena dirccteid to Wrory Amougher,"^ and delyverid to hym by 
 William Tewe, he not regardeing it, toke it unreverently, and 
 threwe it in the myre from hym. 
 
 ' This was Rory " Ua Mordha," 
 commonly called Lord O'jMore, Prince 
 of Leix. In Queen Mary's reign (A. D. 
 1555) his brother, Gillepatrick O'More, 
 invaded Leix, and fought a battle with 
 the adherents of this Rory, who was 
 killed in the conflict. This led to the 
 forfeiture of Leix, which INIary planted 
 with a colony of English. But Rory's 
 widow, Margaret Butler, daughter of 
 Piers, Earl of Ormonde, brought her 
 two sons, Kedagh and Callagh, or 
 Charles, to Queen Elizabeth, and re- 
 presented to her the injustice done to 
 them, and the Queen sent the eldest, 
 Kedagh, to Cambridge, allowing him 
 one hundred pounds per annum for his 
 maintenance, and Charles to Oxford, 
 with a yearly allowance of sixty pounds. 
 The eldest son died without issue ; and 
 Charles [the celebrated Irish anti- 
 quary], on returning to Ireland, peti- 
 tioned the Queen's most honourable 
 Council to represent his case to her. 
 The Queen, unwilling to dispossess a 
 large number of English families planted 
 in Leix, granted to Charles, BaUina, 
 and some other lands in the barony of 
 Carbury, in the county of Ivildare, for- 
 feited by the De la Hydcs. In the year 
 IGOO Charles married the daughter of 
 Walter Scurlock, Esq. He died in 
 1620, leaving two sons, Rory O'More, 
 
 so famous during the war of 1641, who 
 died without issue male ; and Lisagh, 
 or Lewis of BaUina, Esq., who was the 
 great grandfather of James 0'j\Ioi-e, 
 Esq., of BaUina, who died in 1779, 
 leaving one daughter, Letitia, who mar- 
 ried Richard O'Ferrall, of BaUiuree, in 
 the county of Longford, Esq., the an- 
 cestor of Richard More O'Ferrall-, of 
 
 BaUina, Esq [See a MS. of the late 
 
 James O'More, of BaUina, who died in 
 1779.] Rory O'More, who was killled 
 in 1555, had also an iUegitimate son, 
 the notorious Rory Oge, so lauded by 
 the Irish bards for destroying and plun- 
 dering English towns, who was slain 
 by Brian Oge, son of Brian ISIac Gilla- 
 patrick, in 1578. He married a daugh- 
 ter of Pheagh Mac Hugh O'Byrne, by 
 whom he had a son, Owny Mac Rory, 
 who defeated Essex in 1598, at beapna 
 na 5-cleice, the Pass of Plumes, and 
 took the Earl of Ormond prisoner. 
 Three years before his death he had 
 headed a confederacy of the O'Mores 
 and O'Connors Faly ; his troops of wood 
 kerns amounted to many hundreds, and 
 they burned and desolated large por- 
 tions of Leinster, Meath, and Fingal. 
 _[7f/., p. 1G91.] 
 
 Gillepatrick O'JNlore, the elder bro- 
 ther, who killed his brother Rory in 1555, 
 nuuried a daughter of O'Conor Faly, 
 
County and City of Kill-mny^ ^c. 
 
 105 
 
 THE VERDYT OF THE CORPORACON OF THE TOWNE OF 
 KILKENNYE. 
 
 [October, 1537 MS. State Paper OJwe.'] 
 
 RICARDUS SHEE, JUR 
 RICARDUS ROTHE. 
 THOMAS LANTON." 
 GALFRUS ROTHE. 
 NICH% HAKKET. 
 JOHES WALSHE. 
 JOHES ROTHE. J 
 
 JUR. 
 
 THOMAS SHEE. "^ 
 
 EDWARD RAGGE.'' 
 DAVID ARCHER, 
 THOMAS RAAOUR.*^ ^JUR. 
 WALTERUS LAWLES. 
 REDMOND SAVAGE. 
 
 First, the said Jurie present that every lorde, gentylman, fre- 
 holder, & every horseman and Idleman within the countie of Kyl- 
 kenny use to take coygne & livery, foye'' & paye at all tymes, at their 
 pleasure, of their tenauntes and other inhabitauntes of the said 
 countie. 
 
 Item, they present that Thomas Fitzmorice, Patrik, his brother, 
 & Andrewe, Thomas his sonne, servauntes to the Lorde of Ostrey, 
 doo use to take wood, cole, and al maner vitailes by the high 
 wayes commyng to the market towne of Kylkenny at their owne 
 price, ayenst the willes and myndes of the Inhabitauntes of the 
 countrey, being owners therof. 
 
 Item, that the said Andrewe hath taken with force and ayenst 
 
 and had a son Callagh, or Charles, 
 who was living at Naples in 1611, 
 and was the senior of his race. 
 
 The trait of Hinging the Queen's 
 writ into the mire, so gi'aphically de- 
 scribed by the " Commyners" of Kil- 
 kenny, is very characteristic. The 
 social state of Ireland, at the pe- 
 riod, - presented no greater difficulty 
 than the impracticability of inducing 
 Gaelic lords to become amenable to 
 English law-courts. Perhaps William 
 Tewe, who had the courage to serve 
 the writ, was a relative of James Tyvre 
 
 (Tighe), of Knocktophcr, one of the 
 Jurors. 
 
 •■' i. e. Langton. 
 
 *" An old tower at the angle of Rose- 
 Inn-street, Kilkenny, now destroyed, is 
 said to have been called Castle Rag. 
 
 " i. e. Raghter, now Rafter. 
 
 ^ " Foy is when idelmcn \_edel^ noble 
 or free men] require meat out of meales, 
 or when they take money for their coy7ie 
 [refection], and [nevertheless] go a beg- 
 ging to their host's neighbours. It is as 
 much as to say, a benevolence." — [Add. 
 MS. 1328, Exactions of the Irishry.] 
 
106 T]ie Presentments of Juries of the 
 
 the Klnges peace, xii monethes past, in the high waye, from John 
 Amore,* bocher of" Kylkenny, one kowe of the goods & catell of 
 the said John Amore, & of one Lowghyn Makes. 
 
 Item, that James Butler FitzTy bod,'' in like maner, hath taken 
 two kyen from Richard Barys of Kylkenny of the catell of the same 
 Richard. 
 
 Item, that the Lorde of Ostrey, the lady his wif, the lorde 
 James Butler & Richard Butler, and their horsgromes, take up cer- 
 teyn oots every yere in tyme of lent called sommer oots for their 
 chief horse, of their tenaunts and other inhibltauntes of the countie, 
 at their pleasure. 
 
 Item, the said Lorde of Ostrey & the said lady his wife, & 
 other their children, doo visually sende their horses to the howses 
 of husbandmen, and with every horse one or two horseboyes, and 
 ar founde at the costes of the said husbondman, and there remayne 
 during their pleasure. 
 
 Item, the Lorde Shertell,"^ and the Baron Grace,"* and all other 
 freholders within the said countie, doo use like exaccyon. 
 
 * i. e. O'More; he is called "More" the, knights and gentry of Ivilkenny to 
 
 by the " Commyners" of the town. attend the Scottish war in 1335 [Ry- 
 
 '' Probably a son of Theobald, the mer, in Appendix to Grace.] Robert 
 
 mulier, or base brother of the Earl of Shortall was appointed Sheriff of the 
 
 Ossory. — [See p. 99, supra."] county, 20th Aug., 9 Henry V., and as 
 
 "^ " The Lorde Shertell" was evidently "Armiger" was granted lOO.s. reward for 
 James Shortall of Ball}larkan, in the his services and costs in wars andtrea- 
 county of Kilkenny. Geoffrey Scortall ties, anno 4 Henry VI. — [Printed Rolls.] 
 is one of the witnesses to the charter James Shortals, "Lord of Ballylorkan," 
 to Kells, temp. King John. — [Chartas whosetombwaserectedinl507,isburied 
 Privileg., p. 19.] John, son of Simon with his wife Katherine White, in the 
 Shorthall, was one of the sureties in the Cathedral of St. Canice. Sir Oliver 
 affair of William Utlaw, the banker of Shortall, Knt. (sou of James Shortall 
 Kilkenny, which gave rise to the story and Owney Fitzpatrick) of Ballylorkan, 
 of the Kilkenny witch. — [Patent Rolls, was seised of that manor and of Castle 
 3 Edw. II.] Robert, son of John Short- Idough, &c. He married Ellen But- 
 all, of Claragh, is mentioned in the Close ler, and died in 1630, leaving an eldest 
 Roll of 8 Edw. III. Fi'iar Clyn chroni- son, James. — [Inejuis., No. 36, Car. I.] 
 cles under the year 1323, " deposissio The war-cry of the Shortalls was Puc- 
 domini Roberti Scorthals," and that kan-such-aho! For further information 
 Sir Geoffrey Schorthalis was knighted respecting this family, see "The His- 
 by Lord Butler in 1336. Geoffrey and tory, &c., of St. Canice," pp. 165-73. 
 Gilbi'rt Shortall were summoned among '"^ This family has been already suffi- 
 
County and City of Kilkenny^ Sfc. 
 
 107 
 
 Item, the said Lord Ostrey and his childern take cuddeys of the 
 inhabitauntes of the countie & of his tenauntes also ; and all other 
 freholders doo take cuddies yercly of their tenauntes & fermors.'* 
 
 Item, LysagheM'^Conyll"' & Rosse M'^^hunedof of Slymagre'^have 
 spoyled and robbed the inhabitauntes of the towne, and others hav- 
 
 ciently celebrated in their interesting 
 history and memoirs, published by 
 Sheffield Grace, Esq. A remarkable 
 grant, and highly illustrative of the 
 above Presentment, was made by 
 Richard II. to Almaric Grace, " Baro 
 de Grace," by which the King gave him 
 permission, for the better peace of the 
 county of Kilkenny, to marry TIbina, 
 daughter of O'IMagher, a chieftain of 
 the Irish.— [Patent Roll, 9 Rich. II.] 
 The annalist Clyn records the death 
 of the " noble warrior," Hamond le 
 Grasse, in battle against the Scots un- 
 der Edward Bruce, anno 1315. John, 
 " Baro de Graas" was appointed Gustos 
 Pacis, county of Kilkenny, 3 Henry 
 
 VI [Patent Roll]. Robert, "son 
 
 and heir of the Baron Grace," stated 
 above to have married a " daughter 
 of Ossory," was probably the same 
 whose wife, Katherine jM'GIllapatricke 
 (daughter of the chieftain of Upper 
 Ossory), obtained a grant of English 
 liberty, 29th Jan., 32 Hen. VIH.— 
 [Printed Rolls.] There is a fine tomb 
 in Kilkenny Cathedral to Sir John 
 Grace, " Baro de Courtstown," who 
 
 died subsequently to 1568 [See His- 
 
 torj', &c., of St. Canlce, pp. 258-62.] 
 By the list of the gentry of the county 
 in the Carew MS., '• OUver Grace and 
 his kinsmen" held lands to the value of 
 ^120 yearly — [See p. 96, supra.] 
 
 * The profitableness of these Irish ex- 
 actions made the Anglo-Norman lords 
 of the soil careless about retaining the 
 English yeomanry originally planted on 
 their estates. " The pore Englishe 
 
 erth tillers," writes R. Cowley to Crom- 
 well in 1537, " who cannot skyll upon 
 penury nor wrechidnes, as the Irishe 
 tenantes doo sustajTie and here, but 
 must kepe honest residence, the lordes 
 and inheritors takith suche a gredy lust 
 of proficte, that they bring into the 
 h.art of the English pale Irishe tenantes, 
 whiche neither can speke thEnglishe 
 tonge, ne wer capp or bonet, and ex- 
 pulseth ofte the auncient good Englishe 
 tenantes." — [State Papers, temp. Henr)- 
 VIII., vol. ii., part iv., p. 449.] 
 
 ^ One of the septs of the O'Brenans 
 was called " Clan M'ConiU" [Transac- 
 tions of the Kilkenny Ai'chteologlcal 
 Society, vol. i., p. 240], so that it is 
 likely the spoilers here presented be- 
 longed to the O'Brenans, of Ui-Duach, 
 a district of Kilkenny bounded by 
 Sllevmargy on the north-east. 
 
 ■= This range of mountains separates 
 the county of ICilkenny, the Queen's 
 County, and the county of Carlow. 
 The English Constable of Carlow writes 
 to the Lord Deputy, April, 1549, that, 
 in consequence of Sir Richard Butler 
 building a castle at Garryn Denn, in 
 Sllevmargy, the people will not inhabit 
 there, but leave the neighbourhood. 
 That the country belongs to O'More, 
 and not to the Anglo-Irish knight. 
 The constable requested a grant of 
 Sllevmargy for himself, stating that 
 "■Whale's" (Wale's, Wall's, Veal's, or 
 Calf's) claim is founded on an old re- 
 cord brought o^■er by the High Com- 
 missioners, and curiously adds : — "All 
 the j)rofit Baron Lyster [St. Leger] 
 
108 The Presentments of Juries of the 
 
 yng entercourse two or from the market of Dyssert-Dermot," of 
 their goodes to the value of one hundreth poundes and above, and 
 of five yeres past dyd felonously kyll and murther one Laurence 
 Bodell, late of Clarougthe." 
 
 Item, that Adam Bremanghen, of Crabale, hath taken three 
 plough horses of Nicholas Hakket, of Kylkenny, by the highwaye 
 Avith force, and them wrongfully withhold. 
 
 Item, the jury present that John Butler FitzTylot*^ dyd take & 
 drive awaye [cattel ?] from this towne, of the Inhibitauntes of the 
 same towne, and thereupon freshe sutes were made after the same 
 John, and except the partie making the sute had been rescued by 
 divers inhabitauntes of the countrey he had been slayn by the said 
 John. 
 
 Item, Robert Grace, sonne of the said Baron Grace hath by 3 
 yeres past taken and wrongfully yet withholdeth from Richard 
 Rothe 3 ploughe horses. 
 
 Item, they present that Robert Forstell^ of Kylferrouthe, gente, 
 by 15 yeres past and more, dyd felonously slee and murdre one 
 man in the said countie of Kylkenny, wherefore as the said Jury 
 suppose he hath been indited, and yet remayneth unponished. 
 
 Item, that Patrik Forstall, his sonne, hath by xvii yeres past 
 slayne & murdred one Pers Shereman then one of the porters of 
 this towne, therefore the said Jurye suppose he hath been endicted 
 & yet remayneth unponished. 
 
 Item, the Lord of Ostrey, and all lordes spirituall and tem- 
 porall of this countrey of Kylkenny, and also all freholders and 
 
 had through Slewmarge in ' hunnaje, <i The Fforstalls were an ancient 
 come, butter, catell, and munnaye, by Anglo-Norman family of the county of 
 the yere, came not past four nobells Kilkenny. The head of the family held 
 Irysh and five pence.' " — [MS., State the manors of Kilferagh and Bally- 
 Paper Office.] frunck, by knight's service from the 
 
 ''i.e. Castlederraot, still celebrated Crown in capitc.—[ See History, &c., of 
 
 for its fairs. St. Canice, p. 164.] "The slaughter of 
 
 ^ Claragh, in the county of Kilkenny, Mr. Fowke Comcrford and Mr. Peter 
 
 borderingonUi-Duach, theO'Brenan's Forstall, with their company, at Tra- 
 
 country. more, done upon them by the Poers, the 
 
 " i. e. Tibot. — [See note, p. 99, su- xx day of June, 1452,'' is related in the 
 
 pra.'\ Carew MS., No. 632. 
 
County and City of Kilkenny^ cjc. 
 
 109 
 
 tenauntes, doo take canes for theftcs, & other offencee, and for mur- 
 dre the take an herik called a salte, that is a fyne. 
 
 Item, they saye that the Erie of Ormond"* hath the possession of 
 the castell, with mylles, meadowes, and pastures perteyning to the 
 same, and doo receave all the cheffry of this towne, which is xviii^' 
 Irish by yere, whereof his bailif hath xx"* sterling for keping of 
 the towne courte. 
 
 Item, the Galoglaghes of my Lorde of Ostrey, being in nombre 
 for the more parte 2 batelles conteyning xvii score, be con- 
 tynually kepte at the charges of the countrey, and receave yerely a 
 great somme of money of the Inhabitauntes of the same countrey, 
 which is assessed and levied of the landes of the fermors, inhabi- 
 tauntes, and other tenauntes. 
 
 Item, the Prior of Inystyok, the Abbot of Gerypont, and divers 
 other dwelling nere unto the Ryvre, doo make and set suche 
 weares,'' from banke to banke in the same Ryver, from Inystvok 
 unto the mountaign of Blcme,*" that no ferye ne bote may have their 
 course.'' 
 
 ^ This was Sir Thomas Bolcyn, cre- 
 ated Earl of Ormond by Henry VIII. 
 He claimed the Ormond title and in- 
 heritance in right of his mother, one of 
 the daughters and heirs general of Tho- 
 mas, seventh Earl of Ormond, 
 
 •^ Nearly all the " several fisheries" 
 on the Nore are held in right of the 
 lands of the abbeys to which they be- 
 longed. 
 
 " This " mountaign of Bleme," i. e. 
 Sliabh Bladlima, Spenser fables to have 
 been named from the " giant Blomius," 
 the poetic parent of the three rivers Bar- 
 row, Suir, and Xore — "the three re- 
 nowened brethern :" — 
 
 " Which that great giant Blomius brgot 
 Of the faiie nymph Rhusa wandVing 
 there, 
 One day, as she to sLiinne the season hot, 
 Under Slewbloome in sliady grove was 
 got." 
 Spenser has liere been accused of in- 
 
 accuracy, inasmuch as the true sources 
 of the Nore and Suir are to be found 
 in the Devil's-bit range over Temple- 
 more. But he knew better than the 
 cavillers, for anciently the entire I'ange 
 from Mountrath to Templemore was 
 named Sliabh Bladhma. 
 
 <* The year previous to the date of 
 these presentments an Act had been 
 passed at the Parliament holden in 
 DubUn (28 Henry VIII., cap. 22), as 
 follows: — "Prayen the Commons in this 
 present Parliament assembled, that 
 where at all times necessarie, boates, 
 scowts, wheri'ies, clarans, cottes, and 
 other vessels loden and bestowed with 
 goods, merchandizes, and other stuffe 
 liaue beene vsed to passe and repassc 
 through, and in the Kings most excel- 
 lent Maiesties riuers and waters of the 
 Barrow, the Noyre, the Suyr, and the 
 Kie within this land, which RIe is in 
 the coiuilie of Kilkenny, to and from 
 
110 
 
 The Presentments of Juries of the 
 
 Item, the Fysliermcn of Inystyok, being tenauntes and fermors 
 unto tlie said Prior; which doo occupie feries and bootes, using to have 
 the cariage of wynes commyng unto this towne by watter, for the 
 which cariage they ar Avell and trewly paied, yet that notwithstand- 
 ing the same botemen doo percethe wyne vessels, and drinke a great 
 parte of the wyne of every vessell, and Avill not suffer the servauntes 
 of the owners of the said wynes to be in the bote with their mer- 
 chaundyes, to the great losse of the said owners.^ 
 
 Item, the said Fyshermen doo, for the most parte, sell the Fyslie^ 
 that they doo take there from the inhabitauntes of this countrey, 
 agenst the comen weale of the same countrey. 
 
 the Kings citic of Waterford, and the 
 townes of Kilkenny, Rosse, and Clon- 
 mel, &c., and yet this, notwithstand- 
 ing, now of late, diners wilful persons 
 hauing no respect to the premises, but 
 more rather to their owne wilfulnesse, 
 singular commoditie, and benefite, 
 hauing no ground ne cause reason- 
 able to the same, haue in diners places 
 of the said riuers and waters made such 
 weres, pui-prestures, ingincs, strites, and 
 other like obstacles, and them and euery 
 of them so do keepe and maintaine that 
 by no meanes any boates, &c., laden 
 and bestowed as is aforesaid can conve- 
 niently passe and repasse"— provides 
 that the said weirs may be levelled by 
 any one of the king's subjects in pre- 
 sence of the Sheriff or Seneschal : that 
 sufficient gaps be made in all mill- 
 dams, and seven feet at each side of 
 said rivers " to bee where they must 
 needs drawe the said boates and other 
 vesselles afore named with strength of 
 horses or men by land, unlesse at the 
 making of this present act there bee a 
 castel, fortresse, orchard, or garden 
 vpon any such land so adioyning to 
 the said riuers, of euerie side of the 
 water, so far and as long as the said 
 riuers or waters doe runne, or haue 
 there concourse for the drawing, tak- 
 ing, loding, and conueying oi tlie said 
 
 boates," &c. The Nore was by this 
 Act made a navigable river from the 
 " mountaign of Bleme" to the sea, and 
 so it remains to this day in law, as es- 
 tabhshed by a late decision on an appeal 
 in a fishery case before the Chairman 
 of the County of Kilkenny at Quarter 
 Sessions, July 1, 1858; although the 
 river has virtually ceased to be navi- 
 gable beyond Innistioge, and is crossed 
 by innumerable weirs. The " bawling" 
 of large fiat-bottomed boats, called 
 " lighters," or "clarahans," by gangs of 
 men, from the tide water to Thomastown, 
 continued in use until about fifteen years 
 since, and was witnessed by the writer : 
 gangs of about forty men, at 8cl. a 
 day each, were necessary to liawl a 
 " clarahan" (the " claran" of the Act) 
 against the rapid current of the Norc. 
 
 ^ The Act quoted in the previous note 
 alludes to this fraudulent practice, and 
 forbids it under penalty of forfeiture of 
 the freight or wages, and treble the 
 value of the injury to the owners, and a 
 fine of £5 to the King. 
 
 t" At the present day of railroads and 
 steamers, when the general complaint 
 is that the salmon taken in the Nore 
 finds its way to London, it is curious 
 to learn that a similar grievance was 
 felt in Ivilkenny more than three cen- 
 turies ajio. 
 
County and City of Kilkenny^ ^'c. Ill 
 
 Item, the Lorde of Ostrey, and all others, being freholders of 
 eny towne within the said countrey, doo use to make statutes upon 
 their fermors, and rule them in suche Avise, that no fermor dai-e sell 
 eny parte of their goodes, vitailles, or other merchaundyses without 
 the licence of their lorde or owner of his tenauncye, to eny persone 
 other then to suche merchaunt men, as shalbe unto them by the 
 said lord, or other freholder assigned. 
 
 Item, they doo present that Barnabe Bolgcr, dwelling at the 
 Bishop's corte,^ doth forstall the market of this towne, commonly 
 using to bie all suche merchauudises and other vitells commyng to 
 the same market, nerc to his dwelling howse. 
 
 Item, all the dwellers & inhabitauntes wltliin the Irishetowne, 
 nere unto this Towne, doo bie all suche vitalles and merchauudises 
 which is brought towardes this Towne, & so doo forstall the market 
 here. 
 
 Item, the lord of Ostry & his children doo commonly send their 
 masons, carpenters, and kerntighe unto the poore husbandmen of 
 the countrey at their pleasure, and of them have coygne,'' lyverey, 
 and divers other exaccyons. 
 
 Item, all other freholders and gentylmen dwelling within the 
 said countie, doo use to take coyne and liverey, and divers other un- 
 lawfull exaccyons, as well by them self as by their servauntes in 
 like maner. 
 
 Item, Donough Makcasyre being ofEciall in this countrey did 
 wrongfully take of Thomas Hector, for sentence giving by hym in a 
 cause of matrymony vi". 
 
 Item, the said officiall did take of Donyll Higay, for a like mat- 
 ter like sentence iv'', and of Donough Makloughlyn, for like sen- 
 tence 20^ 
 
 Item, all freholders and tenauntes dwelling in the countrey have 
 
 * Bishop's-court, or Holmes'-court kerns of the Lord Mountgarrct, and 
 (now Upper-court, near Freshford, in the Baron of Upper Ossory, to slay him. 
 the county of Kilkenny), was at this — " Vocacyon of Johan Bale to the 
 time the property of the sec of Ossory. Bishoprick of Ossorie." 
 Barnaby Bolger seems to have been f' Couiee, or Coinmhe. Coiiiiiio is 
 the Bishop's tenant, at least he was so translated by Dr. O'Donovan [Iiish 
 when Bale occupied the See, who ac- Arch. Misc.. vol. i., p. 143], feast or re- 
 cuses hitn of having hired certain fection. 
 
 K 2 
 
112 
 
 The Presentments of Juries of the 
 
 sensualls,'^ being the more part priests, witliin their towne or townes, 
 which have the hearing and deterniynacion of all bludsheddes, fraies, 
 strayes and actes made within that towne or townes; and the partic 
 greved shall not appeale by no meanes from that ordre. 
 
 Item, the statutes of Kylcas'' be commonly used in the countrey 
 by my Lord of Ostrey, and by his Irishe Judge, called a Brelion, and 
 by all other freholders of the countrey, and they use none other lawe 
 but the same, and divers of the bookes of the same statutes ar in the 
 keplng of the shiref of the shire of Kilkenny, and the Bishop of 
 
 ^ i. e. Seneschals. An Act (22 Vic- 
 toria, cap. 14) which came into force 
 April 1, 1859, abolishes this office, and 
 the manor courts in which the Sene- 
 schals presided. 
 
 b Sir Edward Fitton, in a letter to 
 Lord Burleigh, dated 31st January, 
 1571-2, writes of "that old Iryshe law, 
 now long tyme forbydden, called Kyl- 
 colgashe." — [MS., State Paper Office.] 
 At J). 100, infra^ the true form of this 
 term is given, viz., " Kincogus," from 
 cm, crime, debt, and coiii-pocup, kin- 
 dred. The transitions, " Kincogus," 
 "Kylcolgashe," "Kylcas," are easy. We 
 are indebted to Mr. John P. Prender- 
 gast for interesting illustrations of 
 the word. The Irish Parliament [11 
 Ellz. cap. 4] introduced a modification 
 of this Brehonic custom into the Sta- 
 tute Law, enacting that " five persons 
 of the best and eldest of every stirpe or 
 nation of the Irishrie, and in the cun- 
 tries that be not as yet shire grounds" 
 should be answerable for the misdeeds 
 of their tribe, and be bound to render 
 the wrong doers up to justice, " or else 
 satisfie of their own proper goods, the 
 hurtes by them committed to the par- 
 ties grieved." Spenser, in his " View 
 of the State of Ireland," (Ed. 1633, 
 p. 25], speaks in condemnation of this 
 Statute, and terras the Brehonic regu- 
 lation, on which it was founded " the 
 Custome of Kin-cogish." Elizabeth's 
 
 Statute was repealed by the 10 and 1 1 
 Car. I. cap. 6 ; but the 13th enactment 
 of the same session, known as the " Sta- 
 tute of Hue and Cry," was identical in 
 principle ; enacting, as it did, that all 
 the inhabitants of a barony were liable 
 to make good one moiety of the robber- 
 ies committed within it, unless they 
 raised the hue and cry, and made pur- 
 suit with horse and men, and so of any 
 other baronies the robber might pass 
 through, whilst that in which he was 
 taken or killed was free. The principle 
 also ran through the severe regulations 
 of the Commonwealth in Ireland, and 
 was called indifferently " KIncogas," or 
 " Kilcogas Law," and the assessments 
 under it were called " kmdred- money," 
 or " prey-money," whilst the Statute of 
 Hue and Cry was so far modified as to 
 make the Irish and Papist inhabitants 
 repair all the losses. Of this code, the 
 following orders of the Commissioners 
 for the affairs of Ireland, extracted by 
 Mr. Pi-endergast from the originals in 
 Birmingham Tower, Dublin Castle, and 
 obligingly communicated to us, may be 
 taken as illustrations : — 
 
 " Persons transplantahle into Con- 
 naught, the 8"' head. 
 
 " Upon reading the eighth head of a 
 Remonstrance of grievances by the per- 
 sons that are transplanted into the C". 
 of Clare, setting forth that contrary to 
 
County and City of Kilkemiy^ ^x. 
 
 118 
 
 Watterford, and one booke is in the possession of Rory M'^Laugliire, 
 being Judge of the countrey. 
 
 Item, Avhex'e the Kinges writ of alowaunec was directed to the 
 citisens of Watterford for the alowaunce of the grauntes, liberties, and 
 custumes graunted by the kinges most noble progenytors to the Frc- 
 men of this Towne of Kilkenny, and confirmed by the Kinges highnes 
 that nowe is ; which writ the said citysens receaved, but that not- 
 withstanding they doo denye to alowe unto the said fremen of this 
 Towne their said liberties, grauntes, and custumes, wherfore they 
 
 a declanic'on remitting all offences 
 (excepting murtliers) to such as w' 
 conform to the act of Transplantac'on. 
 Tbey are tlayly trobled as well for the 
 plunders of the s*^ yeare of the Rebel- 
 lion, as lor plunders donn ever since 
 committed by persons in nature of 
 tories, and also by Kincogus ; and, 
 therefore, praying that they might have 
 the benefits of the s'' Declarac'on, and 
 that all orders commenced against them 
 contrary thereunto might be recalled 
 and superseaded, and restituc'on mad 
 of what hath been taken from the Pe- 
 tic'oners on such orders. And upon con- 
 siderac'on had therof, and of the Keport 
 made there upon by the Comittee of 
 Officers, whereby itt appeares that con- 
 trary to a Declarac'on of the 14"^ Oct"^, 
 1653, remitting all offences (except 
 Murthers), that the Petic'oners are 
 molested upon that account, and they 
 offer it that they ought to be releived 
 therein according to the Act for Trans- 
 plantac'on, as also that the s'' Kilcogus 
 Law should not follow them into Clare 
 for mischiefes done by their kindred 
 in any of the other Provinces. It is 
 Thought fitt, and hereby Or'' that the 
 premises be referred to the considera- 
 c'on of the Lord Chief Justice Pepys, 
 who is desired to report the case (upon 
 perusall of the s'^ Act for tran3[)lanta- 
 
 c'on) unto this Board by munday next, 
 together with the Lo'"''^ opinion what is 
 fitt to be done therein." — Dublin^ 7 
 April, U5o.~T. H. C. C. 
 
 "Upon reading the Petition of John 
 Barnwall, and the Cei-tificate of Alder- 
 man Tighe anil Mr. John Byrne there- 
 upon, Ord'' that the s'' John Barnwall 
 be equally freed from paying any prey- 
 monies for the future with any English 
 Protestants : — whereof the Comm" of 
 Applotment and all others are to take 
 notice." — Dublin, 26 Sept'\ 1653. 
 
 John Jordan, INIerchant of Castle- 
 knock, was freed fi'om liabiUty to con- 
 tribute with other Irish Papists of the 
 Barony to repai'ation of Protestant in- 
 habitants by Tories, and from kindred- 
 monies on account of his civil carriage 
 to the English during the rebellion, and 
 his good affection — Dated at Dublin^ 22 
 3Iarch, 1652-3. 
 
 Plate, money, and goods to the value 
 of £200 belonging to John Y\'illiams in 
 Capt" Nash's troop were set upon at 
 Bennett's Bridge removing, about tiie 
 1"' May, from Kilkenny to Waterford : 
 to be levied off the Bar. of Gowran 
 (where the s'' troope hath been con- 
 tiiuially sheltered) by instalments con- 
 sistent with the abilities of the inhabi- 
 tants, and payment of contribution — 
 Dated at Kilkenny, b May, 1652. 
 
114 
 
 The Presentments of Juries of the 
 
 desyre that reformacyon may be had therin by my Lord Deputle 
 and the said Coraissloners. 
 
 Item, Nicholas Magrewe and Thomas Makcard, and many other 
 priestes of the coimtrey doo take for the purificacyon of wemen, 2^ ; 
 for burienges, 8' ; for Aveddinges, 2^ And divers other unlawful! 
 exaccyons, and if they be not paied of the same they doo take 
 pledges by compidsyon. 
 
 Item, they present that all the Kinges writtes and processe is 
 duely executed and obeyed within this towne. 
 
 Item, they saye that the money which is yerely receyved for 
 murage excedeth not the somme of 20' sterling, which money, 
 with moche more, is yerely bestowed for the reparacyon and amend- 
 ing of the gates, walles, and pavement of this towne. 
 
 Item, they saye that the Erie of Ostrey hath marled"^ one of his 
 
 The Papist inhabitants of the Bar 
 of Dunboyne to pay Humphry Hills 
 and W. Kennedy of Dublin, Cutters, 
 £185. Decreed by the Court for Ad- 
 ministration of Justice at Dublin, and 
 £10 13.5. od. costs [Instalments fixed]. 
 And the said inhabitants to be at liberty 
 to exhibit their information against the 
 Papist inhabit'' of the Bar' of Ratouth 
 and Deese through which the enemy 
 Avho plundered Hills and Kennedy pass- 
 ed at that time ; or against any of the 
 inhabitants thereof who entertained the 
 s'' Tories without giving tymely notice 
 thereof. To the end that they who 
 shall be found guilt}', may be forced 
 to contribute with the s'' inhabitants 
 of Dunboyne to the payment of the 
 said Decree. — Dublin^ July 7, 1659. 
 JEdm'' Ludlowe, Miles Corbett, John 
 Jones. 
 
 That there is nothing new under the 
 sun Is abundantly proved by the pro- 
 visions of the modern Act of the 
 United Parliament, which enables the 
 Lord Lieutenant of Ireland to quar- 
 ter a large police force on the Irish 
 
 townland where an outrage has been 
 committed — neither the Legislature, 
 nor those who feel the hardship of 
 the law, being in the least aware that 
 the principle had been elaborated by 
 the Irish Brehons, perhaps, before the 
 birth of Christ. Dr. O'Donovan, In a 
 letter before us, says: " I know the law 
 [of Kincogus] in all its phases and bear- 
 ings, but It would take a good-sized vo- 
 lume to explain It. Unless the tribe pro- 
 claimed and outlawed one of themselves, 
 they were accountable for his misde- 
 meanors, or hin-ta. But If they went 
 through the process of outlawing him, 
 which was complex, they were for ever 
 freed from his crimes, and he became 
 answerable for his own debts. If he 
 had not wherewithal to pay he was 
 usually enslaved or executed." 
 
 * In 1533, Lord Ossory gave his 
 eldest daughter, INIargaret, In marriage 
 to ]\Lic Glllapatrick, who is reported at 
 that time to be a " denizen," and likely 
 to become conformable to Enghsh rule. 
 — [Published State Papers, vol. II., part 
 Hi., p. 171.] The first "submission of 
 
County and City of Kilkenny^ S^-c. 
 
 115 
 
 doughters to M'^Gelle Patrik, being- Irishe, and one otlicr, his 
 doughter, unto Domough Breme,'' being also Irishe. 
 
 Item, Baron Grace'' hath maried Eobert Grace, his sonne and 
 heii'C apperaunt, unto the doughter of Ossery. 
 
 Item, the lord of Osserey hath the tole of the market of Kyl- 
 kenny. 
 
 Item, they present that [ ] Grace, bastard sonne of the said 
 
 Baron, is maried to Donogh O'Folyns'' doughter of Osserye. 
 
 Item, they present that Edmond Dof '' Comerford, and Kichard 
 Dof Comerford, dyd steale and cary aAvaye five hives of the^goodes 
 of Kichard Rothe, five yeres past, ofthewhiche he hath restored 
 three hives, and more the said Jury knoweth not. 
 
 Migliell Patrick to the lunges Majes- 
 tie is obeisaunce, and to holde bis 
 landes to byin and his heires, after the 
 due concourse of the Kinges lawes," is 
 dated 8th Xov., 1537. It is printed in 
 the second vohnne of State Papers, 
 part iii., p. 515 ; and is an indenture 
 between the Commissioners and " Bar- 
 nard filium Patrici." He ofiers to hold 
 and do as do the Barons of Delvin and 
 Slane, and is promised to be created 
 a Baron of Parliament, as Baron of 
 Colthill[Cullehill?] and Castleton. His 
 son and heir is to be educated in the 
 English manner. 
 
 » i. e. Donough O'Brien, afterward 
 Earl ofTIiomond. His marriage with 
 Ellen, sixth and youngest daughter of 
 
 Pierce, Earl of Ormonde, took place 
 before the year 1533.— [History, &c., 
 of St. Canice, p. 277.] 
 
 1' The Iving (9 Ric. II.) for ameliora- 
 tion of the peace in the county of Kil- 
 kenny, granted permission to Almary 
 Grace, Baron de Grace, to marry Tibina, 
 daughter of O'Meaghcr, an Irish chief- 
 tan [Printed Patent Eolls.] This 
 
 use of the term " Baron" shows that 
 even in Henry VIII.'s time, the repre- 
 sentatives of the ancient barons by te- 
 nure were customarily so styled. " Os- 
 sery" here stands for Mac Gillapatrick, 
 chief of Upper Ossory. 
 
 "= i. e. O'Foelan, now Phelan, and 
 Whclan. 
 
 'I Duf, black._[Sce p. llC, infra.'] 
 
116 
 
 The Presentments of Juries of the 
 
 THE VERDYT OF THE COMMYNERS OF THE TOWNE OF 
 
 KYLKENNY. 
 
 [October, 1537.— MS. State Paper Office.'] 
 
 JOHES LYE. 
 JOHES BUSSER. 
 FRANC DORMONDUS. 
 JENKYN MARSHALL. 
 WALTER CLERY. 
 WILLS. BRASELL. 
 THOMAS rURSELL. 
 ROBTUS THYVYN. 
 
 Sjur. 
 
 JOH. LANGTON. 
 WALTERUS ROTHY. 
 WALTERUS MACHILL. 
 THOMAS GYBBES. 
 PATRICIUS RAGGE. 
 TH : GARRARDUS. 
 EDWARDUS ARCHER. 
 JACOBUS CAVYN. 
 
 >JUR. 
 
 Fyrste, the saide Jurye present that my Lorde of Osti'ey, my 
 Lady his wyf'e, and children, do charge all the countrey with 
 Coyne and Lyverye, as often as they please. 
 
 Item, they doo present that Baron Grace dothe charge in lyke 
 nianer all his tenauntes, and dyverse other personnes, with coyne 
 and lyverye. 
 
 Item, they do present that Porcell of Bally whele'' dothe in lyke 
 maner charge all his tenauntes. 
 
 Item, Blannchefiide'' in lyke maner dothe charge. 
 
 « i. c. Ballyfo3-Ie. Tliilip Purcell, of 
 Ballyfoyle, was seised of the mauor of 
 JMullergge, otherwise Purccll's Inch, 
 
 the manor of Fciiell, and ofMuUane 
 
 I-Purcially, &e.— [Inquis. Civit. Kilk., 
 anno 1625.] The ruin of the Castle 
 of Ballyfoyle stands in the glen of the 
 same name, at the foot of the Johnswell 
 moimtains, north of Kilkenny about 
 five miles. 
 
 *> The Blanche villes were settled at 
 Blanchvillestown, &c., at an early pe- 
 riod, holding of the Iving in capite by 
 knight's service — [See History, «&c., of 
 St. Canice, pp. 301-3.] Sir Nicholas 
 
 Blancheville, Knt., Seneschal of the 
 Liberty of Kilkenny, and Sirs AVilliani 
 de St. Leger and Fulke Fraxineto 
 (Frayne) were of the jury at Ross, anno 
 33 Edw. I., on the lands of By god. Earl 
 of Norfolk. Sir John Blancheville, Knt., 
 was summoned to the war in Scot- 
 land, anno 1335. — [Rymer.] Isabella 
 Blancheville married Peter, son of Jas. 
 
 Butler, of Owyll [Tomb in Jerpoint 
 
 Abbey, dated 1490.] Edniond Blanche- 
 ville, Esq., of Blanchevillcstown, mar- 
 ried Margaret, heiress of John, brother 
 of Piers, eighth Earl of Ormond. Their 
 son, Gerald Blancheville, Esq., of 
 
County and City of Kilkenny^ SfC. 
 
 117 
 
 Item, they present that Jamys Swetenian-' dothe iu lyke maner 
 charge. 
 
 Also they present that Robt. Sertall,*^ of Hyggons Towne, dothe 
 in lyke maner charge. 
 
 Also they present that Edmund Butler, of Butler's Wodde,*^ dothe 
 in lyke maner. 
 
 Also they do present that Pyers Skantwell/ Thobod Butler,*^ his 
 "wyfe and children, the Baron of Brownesford,*" Pa try k Porcell of 
 Lowyston, Kaer ]More jNIakphoris," do in lyke maner. 
 
 Blauclivillcstown, was knight of the 
 shire in 1584. There is a printed In- 
 quisition showing the extent of his 
 lands. His son, Sir Edmond Bianche- 
 
 ville, was living in 1 616 [Bibl. Sloaue, 
 
 No. 4792.] There are several docu- 
 ments iu the S. P. Office relative to the 
 murder of Edmond Purccl by Sir Ed- 
 mond Blancheville, anno 1629. 
 
 * Sir Robert Sweetman (the Swede- 
 man ?) was summoned as a Baron to 
 Parliament in 1374. His son, John, 
 married Johanna, sister and heir of 
 Robert Meyler, Esq., of Duncormuck. 
 She and her husband were granted 
 livery of her lands anno 1387. The 
 principal seat of the Sweetmans was at 
 Castle-eife, or Castle-eve, and New- 
 town D'Erley, which they held of the 
 King in capite by knight's service. Ed- 
 ward Sweetman, of Hoodsgrove, died in 
 1616, seised of a castle, &c., in Gow- 
 ran, one in Thomastown, and Hoods- 
 grove, &c., held of the Earl of Ormond, 
 as of his manor of Rosbercon. His 
 
 wife was Onora Murrish [Inquis., 
 
 Com. Kilk., anno 1619.] 
 
 *> Nicholas Shortall, of Upper Cla- 
 ragh, died seised of the manor of Upper 
 Claragh, alias West Claragh, &e., held 
 of the Earl of Ormond by military ser- 
 vice, and of other lands, including Hig- 
 ginstown — [Inquis. Com. Kilk., anno 
 1621.] 
 
 " i. e. Butler's Wood [p. 119, infm^ 
 
 Inquis. Com. Kilk., No. 79, Car. I., 
 anno 1636.] 
 
 '' i. e. Cantwell, probably of Cant- 
 well's-court, four miles north-east of 
 Kilkenny. The Cantwells, or De Cant- 
 wells, of mikenny and Tipperary, were 
 
 early Anglo-Norman settlers [See 
 
 History, &c., of St. Canice, pji. 180, 
 181]. The then head of the Cantwells 
 married IMary, daughter of Gerald, 
 Lord of the Decies (brother of the 
 long-lived Countess of Desmond), and 
 widow of Oliver Grace. — [Carew MS. 
 636]. There are two inquests on the 
 lands of John Cantwell, of Cantwell's- 
 court, dated 1637, among the printed 
 Ivilkenny Inquisitions. 
 
 ^ Probably the mulier brother of Sir 
 Piers, the then Earl of Ossory. 
 
 ^ This proprietor, who was given the 
 title of Baron long after his family ceased 
 to be summoned to Parliament as such, 
 was of the Geraldine stock. The title 
 came at last to be a sui-name, e. g. 
 Edmond Fitzgerald, alias Barrun^ late 
 
 of Browusford [Incpiis. Com. Kilk., 
 
 No. 35, Jac. I.] Browncsford castle 
 is situate over the Nore, below In- 
 nistioge. Elenor Butler, one of the 
 daughters of Piers Butler, of Cahir 
 (Wilton), county of Wexford, second 
 son of the first Viscount Mountgarrett, 
 manned Fitzgerald, alias Barron, of 
 Brownesford [Visit, of Wcxf , 1618.] 
 
 ? Caher More Mac-Pheoris is also 
 
118 
 
 The Presentments of Juries of the 
 
 Item, they do present that Walter Brennaghe,'' sen''., Edmund, 
 Walter, and Richard, his sonnes, do in lyke maner charge. 
 
 Item, they do present that Walter Brennaghe, the younger, 
 Jamys Slygger,'' Rouland, Baron of Burnechurche, Sheryf of Kyl- 
 
 mentloned in the verdict of the county 
 of Wexford as Constable of Carlow 
 Castle [p. 43, supra]. His surname is 
 the Gaelic form of Fitz-Piers, i. e. the 
 descendant of Sir Piers Birmingham, 
 the celebrated " treacherous baron." 
 Sir Walter Birmingham owned the 
 manor of Kells, in the county of Kil- 
 kenny, and Castle Carbeny, county of 
 Ivildare — [Inquis., 34Edw. III., quoted 
 in Carew MS., GIO.] His daughter and 
 heiress, by marrying Sir Robert Pres- 
 ton, took the title of Baron of Kells 
 into the Gormanstown family; but the 
 male branches of the Birminghams dis- 
 puted the right of female succession 
 and the enjoyment of the estate. Sir 
 William Birmingham was created Lord 
 Carbery by Henry VIII. 
 
 " Brennagh, alias Walsh, of the Walsh 
 Mountains, in the south-west of the 
 county of Kilkenny. This flimily, ori- 
 ginally from Wales, hence the name 
 Brennach (Britton), or Walsh, was 
 settled in Kilkenny immediately after 
 the Conquest, and held a high position 
 amongst the gentry down to the period 
 of the Ptebellion of 1G41. Walter 
 Walsh, of Castlehowell, the then head 
 of the family, died in 1619 ; his son, 
 Robert, died during his father's life- 
 time without issue, and his nephew, and 
 next heir, Walter, was eighteen years of 
 
 age in 1619, and unmarried [Inquis. 
 
 Com. Wexford., 25 Jac. I.] 
 
 '' i. e. St. Leger. Sir Thomas Fitz 
 Anthony de St. Leger (see p. 52, supra) 
 was the King's Seneschal of Leinster in 
 the reigns of John and Henry III. He 
 incorporated Thomastowne, which is 
 still called in the Irish language Balhj- 
 
 mac-Andan, or "the town of the son 
 of Anthony." — [Lynch's Feudal Bai'o- 
 nies, p. 232.] King John gave him the 
 custody of the counties of Waterford 
 
 and Desmond [Patent Rolls, p. 2.] 
 
 He left five coheiresses, whose husbands 
 paid their reliefs to the Crown, 16 
 
 Henry III [Reports, Irish Record 
 
 Com., i. 334], viz. : — 
 
 Helen, married to Sir Gerald Roche. 
 
 Dionisia, married to William de Can- 
 tilupe. 
 
 Isabella, married to Geoffrey Calfe, 
 Baron of Norragh. 
 
 INIargaret, married to John Fitz 
 Thomas, of Desmond, who was slain in 
 1261. 
 
 Dissere, married to Stephen Archi- 
 diacon. 
 
 Sir William St, Leger, Knight, was 
 summoned among the Anglo-Irish mag- 
 nates to the Scottish war in 1302, 
 — [Rynier.] He married Johanna, 
 heiix'ss of Hugh Purcell, and her lands 
 
 were granted to him, 2nd Edw. II 
 
 [Patent Rolls, p. 10.] Her son, Sir 
 Wm. de St. Leodegar, Knt., held the 
 barony of Bargy, county of Carlow, of 
 Margaret Segrave, heir ofEarl of Nor- 
 folk [Patent Rolls, p. 67.] He was 
 
 summoned as a Baron to Parliament at 
 Kilkenny upon the invasion of the 
 Bruces. Clyn records his death un- 
 der the year 1328. Clyn records at 
 1333 that Geoffrey de la Frene, who 
 married Johanna Purcel, heiress of 
 Oliargi, was slain by the O'Morthys, 
 of Slemargys. Thomas Seynt Leger, 
 " Baro del Bargy," is mentioned several 
 times in the Patent Rolls of Richard 
 the Second's time. Dr. Ilanmer states 
 
County and City of Kilkenny^ S^'c. 
 
 119 
 
 kenny, '^ Comberforthe'' of Ballymak, Ricliard Coiiibcrforthc of 
 
 iu his Chronicles that Slieve Margie, a 
 mountain reaching along by Leighliu 
 to Butler's Wood, was granted to St. 
 Legei-, with the title of Baron, and that 
 of late years a gentleman of the name, 
 dweUing at Danganstown, near Car- 
 low, affirming himself to be lineally de- 
 scended from Baron St. Leger, made 
 claim to the same. The printed In- 
 quisitions include one describing the 
 possessions of Edward St. Leger, of 
 Tullaghanbroge, who was seised of the 
 manor of that name, &c. — [Incjuis., 
 Com. of Kilk., No. 2, Jac. I.] There 
 was also a branch seated at Ballyfea- 
 
 non [See History, &c., of St. Canice, 
 
 pp. 279, 280.] Stanlhurst enumerates 
 among the " banrets" who by usage en- 
 joyed the title of Baron without the Par- 
 liamentary dignity — "Sentleger, banret 
 of Slemarge, meere Irish ; Den, ban- 
 ret of Pormanstowne, waxing L'Ish ; 
 Fitzgirald, banret of Burnechurch, &c."' 
 '^ Sir George Carew states tradi- 
 tionally (Carew MS. 635) that the Ba- 
 rons of Burntchurch became to be cal- 
 led Barons because their ancestor was 
 a Baron of the Exchequer, but this is a 
 mistake: see note, p. 117, supra. In the 
 48th year of Edward III. the liing's 
 escheator was directed to seise Into the 
 Iving's hands the lands which belonged 
 to William of Moricc, late Baron of 
 Burnchurch. — [Rot. Claus.] Roland 
 was his son and heii'. — [Rot. Pat. p. 
 92.] In the llth of Henry IV., Ro- 
 land f Morice, together with IMatthew 
 Lappyng, John Gras of Tillaghroan, 
 Robert Sliortlials, Richard and Geof- 
 frey Walsh, Gilbert Blanchville, and 
 Patrick Coterel, was appointed custo- 
 des pads in the county of Ivllkenny. 
 Roland FItz Morice is also named in the 
 commission of the peace of the 7th year 
 
 of the same reign as " Baro de Brant- 
 church." There Is a tomb of ... . 
 Fitz-Gerald, " alias Baron, domlnus de 
 Burinchurch," who died 1st February, 
 1545, and of his wife, " Anastasia St. 
 Legger," in the churchyard ofljurn- 
 cliurch, four miles west of Kilkenny : 
 his castle at Burnchurch still stands 
 iu good preservation. Some time 
 before the year 1532 the "Baron of 
 Brantchurch," who was then Knight 
 of the Shire for Ivllkenny, was made 
 captive while travelling to Dublin to 
 attend Parliament, by a retainer of 
 the Earl of Kildare, and kept in irons 
 for a long time in " Beardie's Castle," 
 county of Kildare — [History, &c., of St. 
 Canice, p. 238.] Rowland FItz Gerald, 
 aUas Baron de Burnchurch, and others 
 (probably trustees), are stated in an 
 Inquisition, No. 41, Jac. I., to have 
 alienated Iviltranyn, otherwise Burn- 
 church, and other lands, which at the 
 time of the alienation were held of the 
 Crown by knight's service. 
 
 ^ This family, said to have come 
 from Cumberford, in Staffordshire, In 
 the time of Iving John, were settled at 
 Danganmore, Ballybur, Ballymack, 
 Inchehologhan, and Callan, in the 
 county of Kilkenny. By the Statute 
 of the 13 Eliz., cap. 7, "Thomas 
 Queuerford, late of Ballymacka, hauing 
 beene In his lifetime one of the chlefest 
 and principall conspiratours and actual! 
 dooers In this last rebellion," was at- 
 tainted — [Statutes of Ireland, p. 204 ; 
 see also p. 115, supra.'] Richard Co- 
 merford,ofBallibur, was descended from 
 Ellen " Freny," one of the co-heu-esses 
 of Sir Patrick Freny (De la Freigne), 
 and held the tract of country called 
 Farren-Freny. — [Intjuls. Com. Ivllk., 
 4 Eliz.. and No. 2, Jac. I.] 
 
120 The Preseiitinents of Juries of the 
 
 Ballybur, Hughe Bakkaham INIakkagolde of Danmaghe, '^ John 
 Fitzwilliam of Inchewoldliam,'' do in lyke maner cliai'ge. 
 
 Item, they doo present that Slyggar*^ of Tolleghan, Olyver Grace 
 of Durles,'' and Jamys Grace, do in lyke maner charge. 
 
 Item, they do present that John Grace of Glasshare'^dothe in lyke 
 maner charge. 
 
 Item, they present that .lamys Ogh Butler of Slewardeghe'' 
 doyth in lyke maner charge. 
 
 Item, they do present generally that all the freholders in the 
 Countye of Kylkenny dothe charge ther tenauntes with Coyne and 
 Lyverye. 
 
 Item, they do also present that the Bisshop of Ostrey, th Abbot 
 of Jerypons, thAbbot of Kyllcole, the Prior of Kellis, thAbbot 
 of the Hollycrosse, the Abbot of Duske, they Busshop of Ley- 
 lyn," do in lyke maner charge ther tenauntes with Coyne and 
 Lyverye, and in lyke maner do all other spirituall men of the same 
 shyre. 
 
 Item, the Jurye present that Richard Sertoli, Phillip Purcelles, 
 Onell, Conhurlle Odoley, my Lorde of Ostrey servauntes, and my 
 Lorde Jamys servauntes, do in the tyme of Lent take up Otes of 
 every plougheman of the countrey of Kylkenny, not paying money 
 therfor, for to finde his horsse. 
 
 Item, they do present that Jamys Oghe Butler of Slcwarde, 
 
 "^ Damagh is mentioned as a manor ^ Slievardagh, in the county of Tip- 
 in the Ivilkenny Inquest dated 5 and G perary. 
 
 PhiHp and Mary, and as having been let s Tlie Bishop of Ossory, the Abbot 
 
 by the Earl of Ormond to Lewis Brian. of Jerpoint, in the county of Kilkenny, 
 
 *> Probably Inchchologhan, a castle the Abbot of Kilcooly, in the county of 
 
 belonging to the Comcrfords. Ilinuc- Tippcrary, the Prior of Kells, in the 
 
 cini, when coming from Limerick tolvil- county of Kilkenny, the Abbot of IIo- 
 
 kenny, stopped a night at a country- ly cross, in the county of Tipperary, the 
 
 house three miles from that town, pos- Abbot of Duisk, or Graignamanagh, in 
 
 sibly Inchehologhan Nunziatura in the county of Kilkenny, and the Bishop 
 
 Irlanda, p. 71. of Leighlin were landlords in right of 
 
 " St. Leger, see note p. 118, supra. the temporalities of their sees and con- 
 
 '• Correctly, Thurlcs, in the county of vents, and are, therefore, classed with 
 
 Tipperary. the laity in exacting these oppressive 
 
 " A castle stands to the present day customs, which, however, were the mode 
 
 at Glashare, near Johnstown, in the of maintaining soldiery for the defence 
 
 countv of Kilkennv. of the country. 
 
County and City of Kilkenny^ S^-c. I'il 
 
 doythe in lyke mancr, and at the same tymc of the yere, take up 
 Otes of his tenauntes for his horsseis, withoutc any thing paying 
 therfor. 
 
 Item, they do present that Garrard Fytzpiers, captayu of my 
 Lorde of Ostrey kernetighc, Edmund Purcell, Edmund Gangker, 
 with ther felowes, and Edmundy Butler Fytzthomas, and Rychard 
 Forstall, do enforce peoplle ^vhiche arre Inhabitauntes in the coun- 
 trey, to prepare and ordeigne mete for ther dynner and suppers, 
 and Avylle paye no money therfor. 
 
 Item, the Jurye present that my Lorde of Ostrey, the Bysshop 
 of Ostrey, generally with other spirituall Bysshoppes, Abbottes, 
 and Pryors, and all other gentillmcn beyng Inhabytauntes in the 
 countrey, do charge theyr tenauntes Avyth Codyes and Cosshyes,'' as 
 often as they wyll, and paye no thing therfore. 
 
 Item, the Jurye present that the Baron of Brounesforde and 
 his officers dothe use Blak men, that is to saye, the Baron wille 
 shewe the countrey that he hathe viii^^ Gallawglasseis, and re- 
 quire Avages of them therfor ; where of truethe he hathe not above 
 the nombre of 100 Gallowglassheis, and dothe take and levye of 
 the countrey wages for viii''^ personnes, and so kepeith the residue 
 of the money to hymselff, whiche amounteyth to the some of GO 
 persons wages. 
 
 Item, the Jurye present that Pyers Purcell of Ballyen, and his 
 Sonne Phillip Purcell, one Onell, and John liede, consorthe of 
 Doley, Harbengers'' to tliErlle of Ostrey, and Richard Carroughe, 
 harbenger to my Lorde Jamys, do take blak money, that is to saye, 
 when it pleaseyth the said Lordes to take coyne and Lyveryc, the 
 said Pyers and others aforesaid Harbingers, go unto townes wyth 
 the said horsseis and themselffes, and wylle charge some of the 
 townes with Coyne and Lyverye, and spareyth one towne, and for 
 the spareing of the same they take money, whiche they converte 
 
 ^ Cios-Ri, i. e. cess or meat for the per harhourage, or lodging and entcr- 
 
 Iving, originally rendered in food con- tainment for him. An Act was passed, 
 
 sumed on the spot where it was due. 18 Henry VI., against the extortions of 
 
 •• Harbingers were avant-couriers^ purveyors, harbingers, and aveiiers ; 
 
 or men who ran before to announce the last-named officers being, h'terally, 
 
 their lord's approach, and secure pro- comer s-hefurc. 
 
122 The Presentments of Juries of the 
 
 and tornne to thcr owne use, of whiche use the Lordes theyr mais- 
 ters knowe not : whiclie money so taken is callid Blak INIoney. 
 
 Item, the said Jurye present that the Kinges Wryte of Avhat 
 nature so ever he be, is obeyed as well in the countrey as in the 
 Towne, and that they wylle appere uppon the same. But they 
 saye that ther is useid in the countrey Obrenes lawes, and the 
 Actes of Kyllcasshe, between thinhabytauntes of the Towne and 
 the Countrey ; but they saye among the inhabytauntes of the Towne 
 the Kinges lawes be useid. 
 
 Item, the Jurye present that where the Kinges raoste noble 
 progenitors graunteid afore tymes unto the merchaunt men of 
 Kylkenny, haveing ther course of merchaundyses into Porte tOAvnes 
 and cyties in Ingland & Irland, that they shulde be free withoute 
 paying of any customes to the Townes and cyties ; whiche grauntes 
 are confyrmeid and ratyfied by the Kinges Highnes our Sove- 
 raigne Lorde, and a Wryte of Allowaunce dyrecteid by the Kinges 
 Highnes to the Mayre and Baylyffes of Waterford, whiche redde 
 the same, and wolde not allowe it in contempt of the same the 
 Kinges Avrytte ; by reason wheroff they to this daye paye ther cus- 
 tome to theyr dyscommodyte, and agaynst the said grauntes and 
 confyrmations aforesaid. 
 
 Item, the Jurye present that Patryk Gower Macodye,'"^ and 
 dy verse other of my Lorde of Ostrey kernetye, mete with Walter 
 Clerry, one of the Jury, accompenyd at that tyme with his Avyf, 
 his suster, and Mai'garet Drome, Avyf unto Fraunceis Di'ome, one 
 other of the Jury, and Ewstace Drome, doughter unto the same 
 Fraunceis ; and they the same Patryk jMacody, and other the kern- 
 tyghe aforesayde, made assaulte inn the same Walter, and hym did 
 bete and Avounde, and 46^ 8'^ in money from the same Walter dyd 
 felonyously stele and bere awaye, and ravyssheid the suster of the 
 said Walter, and the doughter of the said Fraunceis. Wherupon 
 they compleyned to my Lorde of Ostrey, the Commyssioners, and 
 they not regardeing the said complaynt, ne Avyll not see them have 
 ther goodes agayne, nor punyshe the said felons. 
 
 Item, the saide Jurye present that Jamys Purcell, Donogho boy 
 
 ^ Alias Archdeacon, see note, p. 98, supra. 
 
County and City of Kilhnny, ^-c. 123 
 
 Purcell of Bally whele, Thomas Makmoroughe and his sonnes, and 
 William and Audrewe, Patryk ]Makmon'oughe, the Lorde Sertall, 
 Lorde Grace, Hughe Bacaghgolde, Thomas JNIarres tliAbhot of 
 Kyllcole, Moroughe Bolgyre tli Abbot of Jerepon, Blanchefilde, 
 Patryk Purcell of Lowystowne, Leonardo Blannchefilde, Edmunde 
 Butler of Powlestowne,'' John Sertall of Aghae,'' Robert Sertall of 
 Higgestowne, the Baron of Burnechurche, do compell ther tenauntes 
 and other the inhabytauntes of the countrey to sell ther vytalles, 
 corne, and other thinges whiche they have to selle, to one only per- 
 son, of whiche the saide Jamys Purcell and other afore namydhave 
 money to that entent, and wille not suffer them to sell the same to 
 any other personne. 
 
 Item, the said Jurye present that Barnaby Bolgyre doythe 
 dayly use to stande and wayte by the waye thoroughe whiche men 
 and wemen have ther resort to the market, and when they come, he 
 byeth the same merchaundyses and vaytayle that so comeyth toward 
 the Market, wherby the merchaundyses and vytaylles in the towne 
 is enhaunceid to ther price, and so is a comen forstaller. 
 
 Item, the saide Jurye present that Andrewe Fytzthomas did 
 take a beoff from John More of Kylkennye, as he came to the 
 Maekett warde, wythoute paying any money therfor, and agaynste 
 the wille of the said John ]\Iore, wyth force. 
 
 Item, the saide Jurye do also present that John Troye and his 
 children, Godkelly, Richard CantAvell, John INIalmowe, Clement 
 Welche, Patryk Cassyn, Thomas Kelly, shewmaknr, do lye in the 
 waye thoroughe which men and wemen have ther course Avith 
 vytailles, and the same they and every of them do daylye bye and 
 forstall, wherby the markett is enhaunceid to the liigher price. 
 
 Item, the saide Jury [)resent that John Lee of Waterforde 
 
 " Paulstown, in the county of Kil- vagh, was, In 1621, found to be seised 
 
 kenny. Edmund Butler was cousin to in fee, inte alia, of the town and lands 
 
 the Earl of Ossory, being son to Sir of Aghe, with its members, which he 
 
 James Butler. Sir "Walter Butlc'r, of held of the Earl of Desmond. This was 
 
 Paulstown, the chivalrous defender of Preston, the favourite of James I., aud 
 
 Kilkeimy against Cromwell, was de- by him created Earl of Desmond : he 
 
 scended from this branch of the But- manned the only daughter and heir of 
 
 lers. Thomas, tenth Earl of Ormonde. — [Tn- 
 
 " Nicholas Shortall, of Upper Cla - quis. Com. Kilk., No. 32, Jac. I.] 
 
124 The Presentments of Juries of the 
 
 doythe forstall in lyke maner and forme, by reason wherof tlie mar- 
 ket is enhaunceid. 
 
 Item, the saide Jurye do present that Jamys Sherlokes wyf and 
 John Sherlok Sherlokes sonne, Plenry Welche Fytzpatryk Davye, 
 baylyf servaunt [sic] callid Darby, Henry Forstall, servaunt unto 
 Thomas Grannt'' of Waterforde ; Nycholas Derrnes & Jamys Por- 
 ter, do in lyke maner and forme forstall the market, whereby the 
 market is highely enhaunceid ; for they saye the personncs afore- 
 sayde wille gyve doble the price. 
 
 Item, the saide Jurye present that tlie saide Nicholas Dernes 
 robbed certen fysher men comeing to the market of Kylkcnny, 
 uppon the ryver. 
 
 Item, the saide Jurye do present that my Lorde of Ostrey hathe 
 forcybly entered in Walter Archers landes, callid Wasesis hayes,*" of 
 liose, and hathe & kepeith the possession therof, with force, con- 
 trarye to the Statute. 
 
 Item, the saide Jurye do present that John Grace, Graceis 
 Sonne, hathe forcybly enterid uppon the possession of John Frenge," 
 callid Black Wood, in the Countie of Kylkenny, and the same 
 forcebly witholdethe, and kepeth from the said John Frenge. 
 
 '^ Sir William le Grant is mentioned 176, 177.] Curluddy, and Ballyne- 
 
 by tlie annalist Clyn as Laving knighted booly, both situate in the barony of 
 
 John le Ercedckne in Desmond in Iverk, were tlie principal seats of the 
 
 1342. He was himg in the year 131:5, family in Kilkenny, 
 at Castle-island, for adhering to the *" Washes Hayes, now Sheestown, a 
 
 Earl of Desmond. The lands he for- denomination of land in the manor of 
 
 felted in the county of lyilkenny are Kilfei'agh. two miles south of Ivilkenny. 
 
 mentioned in the Patent Roll of 20 In 1623 Sir Richard Shce held Washes 
 
 Edw. III. ; see also Grace's Annals. Hales of Robert Fforstall, as of his 
 
 Milo Graunt, Baron of Iverk, county manor of Kilferagh, by fealty and 1 05. 
 
 of Kilkenny, had, anno 7 Edw. II., rent.— [Inquis. Com. Kilk., 40 Jac. I.] 
 three sons, MIlo, Roger (married to = The family called De la Freigne, or 
 
 Mabel), and John. — [Bibl. Cott. Titus, De Fraxineto, i. e. of the ash- wood, 
 
 B. xi. p. 78.] " Roger fil' Milonis, was of high distinction in the county 
 
 Baro de Auvcrk," is mentioned in the of Kilkenny. Fulke de la Freigne is 
 
 Carew MS. 600, in the Kerry and placed first on the Ust of gentlemen of 
 
 Slane Controversy, as an ancient baron, that shire who are named in Rymcr as 
 
 not Parliamentary. The " Graunteyns" having been summoned to the war in 
 
 became a powerful Anglo-Irish sept Scotland, anno 1302. The others are: 
 
 [See History, &c., of St. Canice, pp. — Oliver fil' Eynon (probably Walsh, 
 
County and City of Kilkenny^ ^-c. 
 
 125 
 
 Item, the Juery present that Robert Scrtall, Lorde of Higgens- 
 towne, hath forsybly entred into the Parke of Lyrace, and there 
 
 of the Walsh mountains, Einon being a 
 Welsh Christian name), William le 
 Grant, Wilham de St. Leger; Anselm, 
 David, Edmond, and Ilamond le Gras ; 
 John, Silvester, William, and Maurice 
 le Ercedekne ; Robert de Sorthales, 
 and IVIilo (Grant), Baron of Overk. 
 Among the jurors in the inquisition on 
 the lands of Gilbert de Clare, Earl of 
 Gloucester, are Sir Fulke de Fraxineto, 
 Sir Robert Shortall, and Sir Adam 
 Purcell, with PhiHp de Comerford, 
 Edmund le Gras, Geoffrey Coterel, and 
 Adam fil' Adam le Blund — [Inquis. 
 Tur. Lond., 8 Edw. II. No. 68.] Friar 
 Clyn records, at the year 1320, that 
 Sir F. de la Frene was slain by the sa- 
 tellites of Edmund the Butler in saving 
 his country from spoliation. The same 
 annalist notes, sub anno 1335, that 
 James, Earl of Ormonde, knighted Fulke 
 de la Frene on the occasion of an incur- 
 sion into the Duffry in the county of 
 Wexford, against the O'Brynnis, or 
 O'Breens. Other notices of this va- 
 liant knight occur in these annals, 
 which, indeed, close with a eulogy of 
 his character. The Anglo-Irish force 
 which joined Edward III. at the siege 
 of Calais was under his leading and 
 that of Maurice, Earl of Ivildare. He 
 was slain in the year 1349. His son. 
 Sir Patrick de la Freigne, is mentioned 
 as a knight in the Patent Rolls of 48 
 Edward III., and his wife, Eleanor 
 Ercedeken, in those of 7th Henry IV. 
 Sir Patrick's son, Fulke, married Ka~ 
 therine, widow of Edward le Botiller. 
 —[Patent Rolls.] 
 
 Dowling, the annalist, accuses Sir 
 Patrick, as Seneschal of Loinster, of 
 having made oppressive inquisitions 
 into tenures of land and charter-uses, 
 
 and free customs: — "He made fayre 
 wether with a vile reach, sed anno 
 sequent! rex propter suas exactiones et 
 cetera^ et eo quod deposuit plures in- 
 juste ex suis dominiis et libere tene- 
 mentis, revocavit autoritatem, cum 
 incarceravit fecit eum facere restitu- 
 tionem probantibus et juste accuranti- 
 bus, et imposuit super eum mulctam 
 pecuniarum." — [Clyn and Dowhng's 
 Annals; Dowling, p. 24, sub. an. 1372.] 
 
 Sir Robert de la Freigne was sum- 
 moned as a Baron to Parliament, 49th 
 Edw. III. CljTi notes at the year 
 1347 that both Roger and Oliver de la 
 Freigne died whilst holding the office 
 of Seneschal of Kilkenny. John, son 
 of Oliver de la Freigne, was made Es- 
 cheator of the county of Kilkenny, 29 
 
 Edw. ni [Rot. Pat.] The Four 
 
 ]\Iasters record, under the year 1421, 
 that Mac Gillapatrick and the son of 
 Libned (Ohver) a Frene, one of the 
 English, set out with twelve score sol- 
 diers on a predatory excursion into 
 Leix, but they were attacked and de- 
 feated by O'Conor Faly. 
 
 The De Freignes, or Frenys, of Bal- 
 lyreddy, were the heads of this feraily 
 at the period of the Presentments. 
 Robert Freny, of BalljTcddy, died in 
 1611, leaving four daughters, coheir- 
 esses. Oliver Freny, son and heii* of 
 Edmond Freny, succeeded as next heir 
 to James Freny, grandfather to Robert, 
 and entered on the possession of Bally- 
 reddy, &c. He died in 1613, and left 
 a son, Robert, twelve years old. Tlie 
 premises were held of the King by 
 
 knight's service [Inquis. Com. Kilk., 
 
 28 Jac. I. Ballyrcddy is situated in 
 the barony of Ida, ami county of Kil- 
 kenny.] 
 
126 The Presentments of Juries of the 
 
 cute 3 trees of the Parsoue of Callan, and the same trees so cut 
 downe did cary awaye with force. 
 
 Item, they knowe not that eny musters be kepte, but they be 
 omitted in defalte of the Officers and Lordes of the countrey ; but 
 they saye tliey duely kepe 2 musters in the yere within the towne. 
 
 Item, the Juery sayen that they have no Quarter Sessyons, but 
 they saye they kepe Sessyons in the Towne when they thinke it 
 requesyte ; but in the countrey they saye there is none kepte, as 
 farre as they here, but that the Sheref sy tteth 2 tymes a yere ; but 
 they thinke it be no Sessions, for there be no Justices.^ 
 
 Item, the Jurie present tliat Hugh Makeagowne, Kateryn 
 
 Braye, in the kinges strete, being in Goddes peax and 
 Nota. That i i • i p i 
 
 •wordes were the kmges, the same MacagOAvne, dyd with torce ana 
 bitweue t em, g^^j^gg make assaute in the said Kateryn Bray, after 
 Midsomer kst past, and her violently did strike upon the hed 
 ■with one swerde, so that she nowe lieth in perill of dethe. 
 
 Item, the Jury present that , servaunt unto 
 
 "William Doghmate, by the commaundement of the said William, his 
 maister, dyd entre into the barne of Thomas Pursell and John 
 Routh, and there did steale whete, & was taken with the maner, 
 and that taken from hym ayene. And afterward they loste owte 
 of the same barne a sak of ootes, but they knowe not Avhoo had 
 
 " The Commissioners write to Lord may be seen by the following passage 
 
 Crumwell, 2nd January, 1538 : — " In in a letter of the year 1537, from Alen, 
 
 ouresurvayofthe counties of Kilkenne, Master of the Rolls, to the Commis- 
 
 Typerare,and Waterforde, we perceived sioners : — "And in any wyse some ordi*e 
 
 the great lacke of thoes parties was lacke to be taken Immedyatly for the builde- 
 
 of mjTiystracion of justice ; and thoes ing of the castell hall, where the lawe is 
 
 countres being distant from the other kept ; for yf the same be not buyldeid, 
 
 fourshyresobedyenttothe Kyngislawes, the majestic and estimation of the lawe 
 
 the justices of the same cowlde not con- shall perrysh, the justices being then en- 
 
 venyently repaire to the said other three forceid to minister the lawes upon hylles, 
 
 sheres." They therefore recommend that as it were Brehons or wylde Irishemen, 
 
 two learned justices be made resident in their Eriottes." — [Id., p. 501.] The 
 
 in Waterford, and that others be ap- Irish Council write 8th Feb., 1539, 
 
 pointed to ride circuit yearly in those that assizes had been held at Kilkenny, 
 
 shires [Pubhshed State Papers, vol. one malefactor hanged, and divers " put 
 
 ii., part iii., page 538.] That appli- to their fynes." "The like precident 
 
 ances for the administration of the laws whereof have not been seen thies 200 
 
 were neglected even in the metropolis yeres." — [Id., vol. iii., part iii., p. 118.] 
 
County and City of Kilkenny^ S^'c. 127 
 
 them ; but they suspecte the boye tlierfore ; it were good they 
 thinke be were examyned therof. 
 
 Item, they present that Rowry the Taylour f'elonously hath 
 stolen a horse of Thomas Garrard of Kylkenny. 
 
 Item, the Jmy present that Robert FitzwilHam Thobyn* hath 
 stolen 60 kyen from Thomas Langton of Kylkenny, out of Browns- 
 ton, besydes Kylkenny. 
 
 Item, the Jury present that Bryan Bolgyre tooke from Thomas 
 Garrard, in the Kinges high waye, by colour of dystres, a horse ; 
 the consyderacyon of the dystres was for that he said that a bro- 
 ther of the said Thomas Garrard was indetted unto hym, and he 
 wold not deliver the horse unto hym unto suche tyme as he had 
 two spones of the said Thomas Garrard in pledge for the said 
 money. 
 
 Item, the Jury present that one whiche was scrvaunt to Edmond 
 Fitz Richard Butler, by the commaundement of the saldEdmond, his 
 maister, tooke felonously in the kinges high waye from Nycholas 
 Goyland, servaunt unto John Lye, one of the Jury, 33^ 4' of the 
 goodes & catalles of the said John Lye ; the name of whiche ser- 
 vaunt they knowe not. 
 
 Item, the Jury ferther present that Davy and Garrald, sonnes to 
 Kateryn Blanchefeld, did take felonously from the said Nicholas 
 Goyland, servaunt unto the said John Lye, of goodes and catalles 
 of the said John Lye 13^ 4^ in Makmorrough countrey. 
 
 Item, the Jury present that Morough Ballough i\Iakdonough 
 tooke from the said servaunt, & John, sonne of the said John Lye, 
 felonously in the Kinges high waye, of the goodes of the said 
 John Lee, one beaf, to the value of 10' Irishe, and 4' of money 
 Irish e. 
 
 Item, Edmond Mabody hathe forsebly taken in the Kinges 
 high waye, one horse, from Edward Archer ; but he hathe it ayene. 
 
 Item, they present that Garrard tooke away a horse with force 
 from Malyffynbaue, but he saith that he hath hym ayene. 
 
 * Tobin, originally St. Aubin. The a junior branch seems to have been 
 St. Aubins -were titular Barons of settled at Ballaghtobin, in the count)- 
 Conipscy, in the county of Tipperary : of Kilkenny. 
 
128 
 
 The Presentments of Juries of the 
 
 Item, they present that Richard Sertall, Philip Pursell, did 
 felonously in the daye tyme breke the house of Davy Tobyn, and 
 there stale 2 horses. 
 
 Item, they present that Davy Purcell dyd burglarly and felo- 
 nously, in the night tyme, breke the shop of Piers Welche and 
 Piers Scotes. 
 
 Item, Morough of Fogurd" hath felonously stolen one horse from 
 William Clyrry of Kylkenny, at the faire of Benetes Bridge.'' 
 
 Also the Jury present that the said Morough and Edmond 
 Graunt, his servaunt, have felonously robbed in the kinges high 
 waye, the kinges subjectes repayring to the Market. 
 
 Item, they present that the said Morough hath felonously stolen 
 the beastes of John Maghen, and taken the purse of the servaunt of 
 the said John. 
 
 Item, they present that James Grace and Patrik Walle stale 
 
 " i. e. Fothart, the barony of Forth, 
 in the county of Carlow, boi'dering on 
 Kilkenny. It was the clan country of 
 the O'Nolans, who were often trouble- 
 some neighbours to Kilkenny [O'Don- 
 
 ovan's Annals of the Four Masters, vol. 
 i., p. 5, note '.] 
 
 •> A bridge over the Nore, four miles 
 south-east of Kilkenny. This early no- 
 tice of the fairs there is curious. They 
 still keep up their fame. This pass, as 
 lying on the marches of the turbulent 
 MacMorough's, 0'E.yan's, andO'Nolan's 
 countries, must have been of early im- 
 portance. The bridge there was of 
 ancient date, but we have been unable 
 to discover the origin of the name. As 
 there was a chapel on the bridge, it 
 might have been so called if St. Benedict 
 were the patron, but such was not the 
 case, as the chapel was dedicated to the 
 Blessed Virgin. In the 16th year of 
 Richard II., Thomas IVIiddleton, clerk, 
 custos of the chapel of the Blessed Mar}-, 
 received a license to " creneUate" or for- 
 tify a tower on the bridge adjoined to 
 
 the chapel, "turrim super Pontemvocat' 
 Benety's brigge, adjunctam capellEe." 
 — [Rot. Pat. Tur. Lond., quoted in 
 Gent. Mag. October, 1856, p. 473.] 
 IMidleton was afterwards outlawed ; 
 and from the Exchequer Records it 
 appears that the rectory of Benets- 
 bridge, " Rectoria de Benetesbrigge," 
 was worth £40 per annum. He made 
 fine of 40s., and was exonerated from 
 the outlawry on the 5th April, in the 
 
 6th year of Henry V [Rot. Memor. 
 
 Scaccar. Hibn. 5 Hen. V., 1" pars, 
 m. 43, dorso.] The chapehy was in 
 the King's gift, for John Lydington 
 was presented to it by the King (Henry 
 v.). In the presentation, entered on 
 the Patent RoU of tlie 7th year of that 
 Iving, it is termed a free chapel, " libe- 
 ram capellam beate Marie de Benets- 
 brige, Ossor' dioc', vacuam et at Regis 
 donacionem spectantem." — [Rot. Pat 
 et Claus. Cane. Hib. Calendar., p. 
 215, col. b, No. 13.] All trace of this 
 ancient fortified bridge and super- 
 pontane chapel have long since been 
 
County and City of Kilkenny^ Sfc. 
 
 129 
 
 4 hives of Thomas Langton and Patiik Kanton ; and they present 
 that Thomas Fitzwilliam of Butlers Wood knoAviug them to have 
 committed the felony aforsayd, them rcceavcd and comforted. 
 
 Item, they present that the pannage and murage is bestowed 
 aboute the reparacyons of the Towne v^^alles, gates, pavementes, and 
 holding up of the Bridge. 
 
 Item, they present that the Erie of Ourmond'"' hath been of longe 
 tyme seased of the Castell,'' and howe that nowe the same is in the 
 possession and seasyn of my Lord of Ostrey ; but by what title he 
 hathe the same, they knowe not. 
 
 Item, they present that to the same Castell belong 4 mylles, 2 
 medowes, 4 howses, 4 or 5 acres of pasture, 4 or five acres of 
 arrable lande, a garden called the Great Archard, and a garden at 
 Saynt Johnes, and a culverhouse'^ in the medowes aforsaid. 
 
 Item, they present that there be many men in tlie towne whichc 
 
 obliterated by the impetuous winter 
 floods of the river which it spanned. 
 We have, however, an interesting no- 
 tice of the ruins of this ancient bridge 
 as they appeared upwards of a cen- 
 tury ago. William Colles, of Kilkenny, 
 the founder of the well-known marble 
 works there, in a letter to the Rev. 
 John Perry, of Di'omore, November 
 15th, 1743, describing the course of the 
 Nore, writes : "After it leaves the citty. 
 It runs S. E. thro' a Beautiful Country 
 to Bennetts Bridge, where there is a 
 stone Bridge over it, and a few yards 
 below y^ present the Ruins of an old 
 bridge w'"'' had a small Castle at y'^ End 
 of it to defend y" Passage." — [Original 
 Letter Book, penes Alexander Colles, 
 of Kilkenny.] In 1794 the tourist 
 Holmes observed at Bennetsbridge, 
 " near the river, a small ancient build- 
 ing, now part of a mill." — [Sketches of 
 some of the southern counties of Ire- 
 land," p. 207.] 
 
 * See note ", p. 109, supra. 
 
 ^ The Castle of Kilkenny, originally 
 
 built by "William, Earl Mareschal, in 
 the reign of John, descended through 
 co-heiresses to Sir Hugh le Despenser, 
 from whom it was purchased in 1391 
 by James, third Earl of Ormonde. From 
 this period it became the chief residence 
 of the Butlers, Earls of Ormonde. The 
 deeds of purchase and release, with the 
 seals of Le Despenser and Ormonde, are 
 still preserved amongst the matchless 
 collection of family and historic manu- 
 scripts at Kilkenny Castle. 
 
 ■=1.0. A dove-cot, from culppe 
 (Saxon), a dove, or pigeon. In the 
 deed whereby the Duke of Ormonde, 
 in 1684, endowed the school at Ivil- 
 kenny, he gives to it " all y*^ large man- 
 sion house in Kilkenny, now made use 
 of for a school-house, &c., and meadow 
 thereto adjoining, conmionly called Pi- 
 geon-house meadow." This meadow is 
 the field or lawn in front of Kilkenny 
 College. We have not been able to 
 identify the four mills ; the Ormonde 
 Woollen Factory and Jenkins' Mill, near 
 Francis Abbey, were two of them. 
 
130 The Presentments of Juries of the 
 
 paye cliyvery^ unto the Castell for their houses and gardens which 
 they have in the Towne, which chyvery amounteth to the somme 
 of £14 or more. 
 
 Item, they say they knowe no persone within all the Countic 
 of Kylkenny that holdeth of the kinge eny manours, landes, or 
 tenementes ; but they say that my Lord of Ostrey hath many 
 wardes, and the proffites of the mariaiges of the same ; but by what 
 title he liathe them they knoAve not ; Avhether he hath them as Gar- 
 den in right^ or Garden in dede, as committe of the kinge, they 
 knowe not. 
 
 Item, the doo present that the Bisshop*^ taketh for the probate 
 of Testamentes, that is to say, if the goodes be worth £40 he will 
 take for the prof thereof £12, and of every pounde he will have 
 1 8*1 for the Probate. 
 
 Item, the saide Jurye do present that the Bysshopes Officialh^ 
 will not gyve any judgement ne sentence, but that he wylle have, 
 if he be a poore man, 6^ 8^, and if he be a Gentillman or Grete 
 man, 40% for gy veing of the same sentence. 
 
 Item, the saide Jurye present that the Paryshe Preist of Seint 
 Johns and the Gierke will not crysten a chylde oneles they have 
 of the frindes of the same childe for the christynyng, ther dynnar^ 
 or 6'' m money. 
 
 Item, the saide Jurye present that the Priestes & Clerkes of 
 Seint Patrykes in Kylkenny, and all other priestes of the same 
 countrey, do in lyke maner. 
 
 Item, the saide Jurye present that when the Fryers'" be in the 
 countrey, men use to ride to the same Friers where they be useid to 
 be kept, and the Constable of Leylin, the Constable of Athye, and 
 the Counstable of Grelaghe,^ will not suffre them to passe thyther, 
 but that they paye Customes where they shulde pay none. 
 
 " i. e. Chiefry, or head-rent. Ossory at this period. 
 
 •> i. e. " Guardian"' of the ward. The "^ i. e. Vicar- General, the Judge of the 
 
 Earls of Ormonde did hold, of right, Consistorial Court of the diocese, 
 
 the wardship of their sub-infcudatories. ^ See note ^, p 134, infra. 
 
 "" Milo Fitzgerald, or Baron, one of ' Perhaps the stations held by the 
 
 the Fitzgeralds of Brownsford (see Dominicans are here meant, 
 
 note '', p. 117, supra) was Bishop of ^ Perhaps this word should be rend 
 
County and City of Kilkenny^ ^'c. 131 
 
 Item, the said Juiye present that Thomas Makmorroughe, 
 toke Custome of Edwarde Archer, and Richard Clerry, to passe 
 thoroiighe the highe wave at Bellygragen.^ 
 
 Item, the saide Jurye present that there be greate weares buyl- 
 deid in the Ryver of the Newre thoroughe whiche men have ther 
 passage Avith botes, so that by reason of the same weares they 
 cannot passe wyth ther botes as they have useid heretofore, & spe- 
 cially in the Ryver of Belligragen.^ 
 
 Item, the Jury present that at suche tyraes as thErle of Ostrey, 
 or the Lorde Butler, his sonne, or any other by his commaunde- 
 nient gothe into England, the said Erles sergeavmtes sesse upon 
 the countrey certen sommes of money at their pleasure, for his or 
 their costes. 
 
 Item, when the said Erie maketh any buyldinges or fortres, 
 then he doth also charge the countrey with mete and drinke, hol- 
 lydaies and workedaies, and 2'' by the dale for the masons and car- 
 pynters, and to the Maisters Masons 4'^ the dale, and to every 
 laborer 1"^ by the daie. 
 
 Item, they present that John Goyry, Code Kellye, Richard 
 Cantwell, Thomas Kayly, David Burnand, John Monand, and 2 
 hundreth other in the Countie, yerely come to the poore mennes 
 howses and bye the corne in the feldes, feldes, and barnes, in the 
 begynnyng of the yere at 2® the busshell ; wherby almaner grayne 
 is regrated in their handes, so that no corne can come to the mar- 
 ket but is bought at their handes ; Avhich they will not sell but for 
 10* the busshell, to the undoing, &c. 
 
 Item, the present that there be iii'"' botes belonging to Inner- 
 teak [or Inverteak]*^ where the cariage of every bote was ever wont 
 to be but 8'^ Irishe; and no we is enhaunced to 12' or 14' ar more 
 at more at pleasure ; and also they drinke their wynes and fill it 
 
 Grenagli, a strong castle of the Earl of ^ See previous note. Ball3raggc't is 
 
 Ormonde, on the Suir, near "Water- on the Nore, nine miles above Kil- 
 
 ford. There was, however, a pass called kenny. 
 
 Greallach on the River Liffey, in Kil- " Innistioge, a town on the Nore, 
 dare — [FourMast.,vol. i.,p.l80, note.] fourteen miles below Ivilkenny. The 
 * Probably an attempt at the Irish tide comes up to it, and it was, in con- 
 name, Bel-atha Eaghat, now Bally- sequence, the port of Kilkenny. See 
 ragget. note '', p. 109, supra. 
 
32 
 
 The Presentments of Juries of the 
 
 ayene with waiter, and divers other exaccyons to their undoing. 
 The names that occupie the botes ar, John Astekell, Kichard 
 Astekell, Nicholas More, Eichard Belgyn, and all other that oc- 
 cupie botes. 
 
 THE VERDYT OF THE CORPORACON OF THE TOWNE OF IRSH- 
 
 TOUNE.'' 
 
 [October, 1531.— MS. State Paper OJice.'] 
 
 JURVILLE DE IRISHETOWNE. 
 
 THOMAS WALL. 
 WALTERUS ROTHE. 
 JOHES POWRE. 
 JOHES KELLEY. 
 JOHES MALVY. 
 
 J.JUR. 
 
 JOHES MOWNAM. 
 THOMAS KELLEY. 
 WILLLS BROWNE. 
 JOHES NASSHE. 
 NICHU8 STANTON. 
 
 VJUlI. 
 
 RICARDUS CANTELL.'' J 
 
 First, the Jury present that the constable of the Towne of Ga- 
 ron*^ dothe daily charge the Inhabitauntes of the said towne with 
 coyne and liverey to 4 men appoynted by the said constable. 
 
 Also, they doo present that my lorde of Ostrey dothe at his plea- 
 sure charge all the towne of Garon,'' and all the countie of Kylkenny 
 with coyne and lyverey, as Avell his tenauntes. 
 
 Also, they doo present that the lorde Sortall, lord Grace, lorde 
 Sleggar, the lord Swetman, the baron of Burnchurche, the lorde 
 Pursell, lorde Blanchefeld, and all other the freholders of the said 
 
 * Irislitown was an ancient corpora- 
 tion, deriving its privileges from the 
 Bishop of Ossory, and quite indepen- 
 dent of the Corporation of Kilkenny 
 proper, although forming together but 
 one town. This separate jurisdiction 
 continued down to the time of the late 
 Act for the reformation of Corpora- 
 tions, when the Corporation of Irish- 
 town merged in that of Kilkenny. — 
 
 [See History, «&c., of St. Canice, 
 pp. 22, 23.] 
 
 t i. e. Cantwell. 
 
 " i. e. Gowran. It has been already 
 observed that Gowran, not being re- 
 presented on the Jury of the com- 
 moners of the county, seems to have 
 rather incongruously been included, as 
 to its grievances, in the Presentment of 
 the Irishtown of Kilkenny. 
 
County and City of Kilkenny^ S^'c. 133 
 
 countie of Kylkenny, doo use at their pleasure to charge their te- 
 nauntes, and all other the Kinges subjectes within the said countie, 
 with coyne and lyverey. 
 
 Also, they doo present that my lorde of Ostrey doth in the 
 tyme of Lente, levie and take of his tenauntes, and all other inhabi- 
 tauntes within the said countie, otes for his horses, without paieng 
 anything therfore. 
 
 Item, the Jurypresente thatMakmurrothe'^ doth take blak Rente 
 of the Inhabitauntes of the Towne of Garon, and for bicause the same 
 inhabitauntes wold not at liis commaundement paye the said Rent, he 
 forsebly dystreyned the same inhabitauntes, to thentent to compell 
 them to paye the same, whiche dystres was 2 plowes of horses, and 
 they doo also present that the Kernetythe of the said Makmur- 
 roughe have felonously stolen 2 horses, colored red, out of the 
 pasture of Redmore, besydes Garon, of the goodes and catalles of 
 John Nasshe, the names of whoose servauntes been, Piers Rean and 
 Patrik FitzEdmond. 
 
 Item, the saide Jury present that Garralte Makart with force 
 and armys in the kinges highe waye, betwene Benettes bridge and 
 the towne of Garon, made assaulte in Nycholas Staunton, and hym 
 did bete, and evyll entreate; and £10 2^ ^^ Iryshe, and a stone 
 called a precyous stone, of the goodes and catalles of the said 
 Nycholas, did felonyously stele and here awaye, contrary to the 
 Kinges pease. 
 
 Item, the Jury present that the Bysshop of Leylin did forcybly 
 enter upon the possession of Sweteman, that is to saye, into xx acres 
 of lande lying besydes the towne of Garon, and the same detayneith 
 and kepeith with force. 
 
 Item, the saide Jury e present that the vycar of the towne of Ga- 
 ron wyll not crysten ne baptyse a childe, oneles the frindes of the 
 same childe gyve him his dynnar or money. 
 
 » The Mac Murrows, or Cavanaghs, the period of the Presentments, but 
 
 were subsidized by the English crown, the sept was still unsubdued, and levied 
 
 temp. Richard II., and regularly re- black-rent on the neighbouring English 
 
 ceived their " black rent" from the settlements. The town of Gowraii lay 
 
 Royal Exchequer. Tliis recognition near the frontier of the Cavanaghs' 
 
 of their power had ceased long before country of Odrone. 
 
 M 
 
134 The Presentments of Juries of the 
 
 Item, the saide Jurye present that the Vycar of Garon will take 
 porcon-kanon, that is to saye, after the deathe of a mannes Avyf, if 
 the goodes of herre husbond be under the value of 20% he Avill take 
 the fyfte peny, and if it be above the said value of 20* he wille have 
 v^ for all the hoole goodes, and leve the fyfte peny. 
 
 Item, the saide Jurye present that Fargaunanne O'Corin* doithe 
 take the admynistration of a Avoman goodes, that is to saye, a wo- 
 man, covert de. haron, dye, he wille have of every xii'* of the goodes 
 of the husbond 1'' and 3 fartheinges, and saye that they be the goodes 
 of the wyf where indede she was, coverte du baron, at the tyrae of 
 herre deathe. 
 
 Item, the saide Jurye do present that Henry Oxxe doithe levy 
 the same, and so is a trespaser, in respect that the vycar hathe no 
 coloure to have the same, and by the same reason nor the saide 
 Henry by his comaundyment. 
 
 Item, the saide Jurye do present that Sir Morris nowe paryshe 
 pryste of Seynt Kylkenuy,'^ doithe take for the baptysing of a childe 
 his dynnar,*^ and money for the christenyng of the said chylde. 
 
 Item the saide Jurye present that the vycar of Castell Doughe"^ 
 doythe in lyke maner forme take for the xpenyng of chyldren. 
 
 Item, the saide Jurye present that the vycar of Cashel Doughe is 
 a SencialP and Judge, and useith enormall actes and fassions, that is 
 
 » We have here the name of the forty shillhigs Irish and y' it 
 
 '■ official," or vicar-general, presented shall be lawfuU for enny y' spleth such 
 
 by the Jurors of the Corporation of men or women coming from y*" feast to 
 
 Kilkenny. take away there hatts, or rolls and 
 
 ^ Probably one of the Vicars-Choral mantles, and y*" same to forfeyte, and 
 
 of the Cathedral, licensed by the Bishop to take away the mydwife is roll and 
 
 to the cure of the parish of St. Canice, mantle y' goeth to warne the people, 
 
 of the tithes of which they were and oth" than tliose wch by this statute 
 
 are, as a body, impropriators. are allowed, and y* the parish priest 
 
 *^ The Corporation of Irishtown, at shall have none in his copany but hi.'* 
 the Dern Hundred holden on 8th of clercke." — [The Most Ancient Book of 
 January, 1579, enacted " thet noe man the Corporation of Irishtown, fol. 39. 
 ne woman shall come heraff to enny '^ Now Odogh, a parish in the dio- 
 christening of children, or churching of cese of Ossory, about four miles north- 
 women brought abed, butt the gossobs west of Kilkenny, part of Ui Duach, 
 for y'' time being, fathers and mothers, the tribe district of the O'Brenans. 
 brothers and sisters, uppon payne of " i. e. Seneschal. Castle-doughe, or 
 
County and City of Kilkenny, SfC. 135 
 
 to saye, if any afFraye be made betwene men aboute him where he 
 dwelleith, so that ther be bkiddeshodde, he wille assesse a grevyous 
 fyne or amercyment upon the persons that so made thafFraye, and 
 the same fyne so assesseld he wille levye by waye of dlstres, if they 
 have landcs or goodes in whiche or whcrby they maye be dystrayneid 
 to thuse of the lorde of Sertall ; and over that he wille have 1 2'' 
 himself of every blodshodde which he dothe his owne self without 
 inquyre of the affraye so made by Inquest, and taxeith also the 
 fyne himself. 
 
 Item, the saide Jurye present that Edmund Sertall, Donoughe 
 Makhewgan, by the commaundyment of the lorde Grace, Richard 
 Sertall, and Malayhan Ogge Clerry, do use the same in lyke maner. 
 
 Item, the saide Jurye present that Obrunes'^ laAves ben useid in 
 the countrey, and the Actes of Kylkasshe.'' 
 
 Item, the saide Jurye present that Barnaby Bolger, Edmund 
 LeAveis, Patryk Macode, William Maghtcgge, William Welche, 
 Malache Oboy Cornewall of Doley, Burgeyn of Seint Johns strete 
 in Kylkenny, do dwell in the countrey, and do interupte men and 
 wemen whiche ar comeing to the markat with vytayles, and bye 
 them, and wille not suffer them to come to the markat, wherby the 
 market is enhaunceid to the higher pryce, and so is a corny n fbr- 
 staller. 
 
 Item, the saide Jurye present that there be graye merchauntes in 
 the Towne of Kylkenny, that is to saye, Nicholas Hekket, Walter 
 Lawlesse, pyers Welche, Ed^varde Archer, Thomas Savage, do 
 sende men into the countrey to bye all manner thinges as well 
 vytaylles as other merchaundyseis, and the same men bring it to 
 them, and they kepe it, and after sell the same agayne. 
 
 Item, the saide Jurye present that Thurlok Fytz Davy did for- 
 cyblymake assaulte upon Walter Routhe of Kylkenny, at the saide 
 towne in the Highe strete, and hym dyd bete and grevyously did 
 wounde, so that he was in grcate perill of deathe. 
 
 Odogh, was an ancient manor. In 5 Ric. II., m. 19). How it came into 
 
 1359 David de Stradbolgy, Earl of the possession of the Shortalls docs not 
 
 Athol, was its lord (Rot. Claus., 33 appear. 
 
 Ed. HI., m. 31). About 1381 it be- * i. e. Brehon Laws. 
 
 longed totheDe la Laundes (Rot. Pat. ''See note *>, p. 112, supra. 
 
136 The Presentments of Juries^ Sfc. 
 
 Item, the saide Jurye do present that Richard Slyggar,^ in the 
 Kinges highe waye, within the lybertye of Kylkenny, did with force 
 and armes make assaulte upon Tegge Fytz John, of the Iryshe towne, 
 and hym did bete and wounde so that he was in greate perylle of 
 dcathe. 
 
 Item, the saide Jurye present that Jamys Grace in the Kinges 
 highe waye, besides Kylkenny, dyd make assaulte upon Derby 
 Casshye and Robert Keyly, and hym dyd bete, and xvi<^ in money, 
 nombre of Iryshe, and 2 beoffes, felony ously from the saide Robert 
 Keyly dyd stele and bere awaye contrary to the kinges peace. 
 
 Memorandum The gentylmen with all the comoners of the 
 
 said counte, the Sovereine with all the heddes and comoners of the 
 towne of Kylkenny, ben very desirous to be obedient to the Kinges 
 laAve, and to lyve in gode cevylite ; and albehit the Kinges lawes in 
 the said counte be not only clerly voide and frustrate, but allso all 
 the exaccions, suppressions, and other enormytes before presentyd, 
 with many mo, be mayntened and enforsed only by the Erie of 
 Ossery, my lady his wyff, the lorde Jamys Buttler, Richarde Butler, 
 and other the said Erles childerne and kyne of his name, wherfor to 
 provide that thes persons^ may be reduced, and the countie wyl be 
 immediatly prosperous, and of gret strenght to defende there self 
 ageinst ther enemyes. 
 
 * i. e. St. Leger. Some of those that have lived by it 
 
 ^ The chief of the Butlers was evi- dothe report it shall come up agayn by 
 
 dently looked on as the great supporter my Lord of Ormond's suit made to the 
 
 of the oppressive Irish customs com- Queen. God forbyd that that noble 
 
 plained of. Sir Thomas Master son, a man, whom I love and honor so much, 
 
 Cheshire gentleman, and Seneschal of should be the auctor of so synfull a 
 
 the county of Wexford, writes to Sir F. dede; by which a great part of his 
 
 Knolles, 10th August, 1566, from own landes hath bene hitherto wasted, 
 
 Kilkenny :—" Ye wolde not beleve and begjTi now to be inhabited and 
 
 what great joye is here emong the yelde him rent." — [MS. State Paper 
 
 Commons Qoeople] for putting away OfBce.] It shows a considerable inde- 
 
 of coyng and lyvery, and how much pendence amongst the inhabitants of 
 
 they pray for the Queen's Majesty, and Kilkenny when so bold a recommenda- 
 
 be redy to imbrace and obey her laws. tion as the above was put forward. 
 
( 137 ) 
 
 THE REPRESENTATIONS OF DAVID SUTTON, ESQ., FOR THE 
 COUNTIES OF KILDAEE AND CARLOW, ANNO 1537; THE RE- 
 PRESENTATIONS OF OLIVER SUTTON, ESQ., TO THE ENGLISH 
 PRIVY COUNCIL IN loQo, RESPECTING THE EXACTIONS OF 
 THE EARL OF KILDARE ; THE PRESENTMENTS OF JURIES 
 FOR THE COUNTY AND CITY OF WATERFORD, THE TOWN 
 OF DUNGARVAN, THE COUNTY OF TIPPERARY, AND TOWN 
 OF CLONMEL, TO THE COMMISSIONERS FOR REFORMING THE 
 STATE OF IRELAND, ANNO 1537 ; AND THE PRESENTMENTS 
 OF JURIES FOR THE COUNTY OF CORK, ANNO 1579. 
 
 In our view, the most remarkable feature in the Present- 
 ments now in course of publication is the peculiar nature 
 of the duties, services, or renderings obtained from the oc- 
 cupiers of the land. The collection of evidence on this im- 
 portant matter was a main purpose of the Commissioners. 
 Nothing is plainer than that these services were levied 
 in a very uncertain and arbitrary manner ; and in this 
 uncertainty consisted the abuses attending their exaction. 
 But the Reformatory Commissioners would have been ex- 
 tremely perplexed had they attempted to bring about a 
 system of commuting those renderings into fixed money 
 rents. The truism, that ancient customs cannot be chanced 
 by sudden effort, is especially applicable to those usages on 
 which the rights of property depend ; and this country was 
 then unripe, by a whole century, for such a change. In 
 England, the requisite alteration of somewhat similar 
 feudal services and exactions into cash payments had 
 been already generally effected ; but this salutary reform, 
 though it had received impulse by the insurrections of 
 Tyler and Cade, simultaneous with the Jacqueries of 
 
1 38 The Presentments of Juries of the 
 
 France and Flanders, had occupied more than a century 
 and a half in its development. Sir Thomas Smith, writing 
 his "Commonwealth of England," about the year 1560, 
 observes, that the yeomen and husbandmen of that happy 
 country are no more subject to taile or tax than are the 
 gentlemen. Every phase of slavery, even respecting the 
 lord's claim on the property of his serf, had vanished. But 
 such was not then the case in either France or our own 
 country. Of this fact, as regards the latter kingdom, we 
 could add largely to the proofs contained in these Present- 
 ments. 
 
 Originally, in Ireland, the country of a clan was held in 
 common, and there were neither landlords nor tenants. 
 In process of time tenancies commenced, but the very de- 
 nomination of a Gaelic farmer indicates the public object 
 of his tenure. He was called a biatagh, or "public vic- 
 tualler," from keeping a house in which he was bound, in 
 certain cases, to provide food ; his name being derived from 
 biad, food, and tagh, a house. Sir John Davys observes, 
 that a bally-betagh, i. e., a biatach's townland, was " in the 
 Irish tongue a town [dwelling] able to maintain hospi- 
 tality." Probably, the term designated a house adequate 
 to receive a chieftain and his train. It has been denied 
 that the betaghs of the Pale resembled the tenantry of the 
 same name in the Gaelic districts, yet, on the contrary, the 
 similarity of these two sorts of land-holders seems to extend 
 beyond their denomination. For centuries after the Con- 
 quest, the former caste remained in a state of slavery, from 
 which they were gradually emerging at the time under view. 
 But the latter do not seem to have lived in so complete a 
 condition of the slavery called villeinage. 
 
 The " Four Masters" style some of the descriptions of 
 betagh tenantry in the Celtic countries, " general biatachs ;" 
 
Counties of Kildare and Carloiv, (Sfc. 139 
 
 but this was in later times, and perhaps implies that the 
 " houses of general hospitality," or food-houses they kept, 
 had assumed the character of " public-houses," in which 
 more than mere " dry lodging" could l^e had for money, if 
 not for love of hospitality. Originally this class of tenants 
 appear to have held their lands on the condition of enter- 
 taining the chieftain and his troops, and all visitors and mes- 
 sengers; their tenure was, in effect, holding by free-quarters. 
 Another and inferior class of farmers were the hrughaidhe^ 
 who, besides rendering a small stipulated rent, originally in 
 kind, were liable to perform various agricultural and other 
 services. The difference between this caste and the other 
 was probably owing to the distinction between servile and 
 free races. While the hiatagh was of free descent, and was 
 himself generally the ceann-cine, or head of a pastoral sept, 
 occupying land, or hiring summer pasture as a " free-holder," 
 privileged to remove and bargain for some other pasturage 
 within the clan country, the brughaidhe, or victuallers, seem 
 to have descended from enslaved races. Similarly among 
 the Saxons, the distinction between an " edel," or noble or 
 well-kno\vn man, and an " ignoble" one, was marked by the 
 former rendering fixed tributes, while the latter rendered 
 services. Among the Gael, it was the " noble" families that 
 were liable to provide coyne or " refection." Our disquisi- 
 tion on this point may close with the remark, that the prac- 
 tice of paying small certain rents, and rendering large 
 refections, with occasional unlimited aids in kind, was 
 inevitable in a pastoral and uncommercial country. 
 
 The charges brought against the hierarchy and clergy 
 of the see of Cashel require more explanation than our space 
 affords. Undoubtedly many of the fees and exactions they 
 took were equally customary and due to them as coyne and 
 cuddihy were to the temporal lords. As to undue exactions 
 
 N 2 
 
140 The Presentments of Juries of the 
 
 of bishops and ecclesiastical officers, in extortions, talliages, 
 aids, and visitations as guests, see "Register of All Saints,"* 
 pp. 7 and 113. 
 
 The ordinary Irish exactions were, of course, as much 
 demanded in other borders of the English Pale as in those 
 now under notice. According to an Exchequer Record of 
 3 & 4 Philip and Mary, the farmer of the estates of Darcy 
 of Platten complained that Thomas Tyrrell, of FertuUagh, 
 Gent., had intruded into the manor of Lyn, &c., county of 
 Westmeath, and had disturbed the tenants by taking from 
 them " Coynees, Cooyshers, and Coodyes." 
 
 These extraordinary " cesses"^ (ci op, rent) and " cuttings," 
 or unusual charges, called " talliage" in English law, were 
 submitted to by the humble Irish tenant without repining, 
 provided he was defended from being plundered by strangers ; 
 and his willingness is apparent in the proverbial reply to his 
 lord's demands: — " Spend me, but defend me !" One of the 
 lords of Fermanagh, Phihp Maguire, head of a family cele- 
 brated as surpassing all others in the virtue of hospitality, 
 is styled by the annalists*' " the spender and defender of his 
 territory." In every clan there were two castes, freemen 
 and bondsmen. The first traced their descent from the 
 same stem as the head of their name ; the latter represented 
 slaves purchased in early ages, or subjected aborigines. All 
 " idel-men" were essentially " swordsmen." They disdained 
 to be aught but warriors. If poor, they carried darts and 
 skeins as kerne; if in possession of horses, they bore staves 
 or lances, but all wore swords. Those near in blood to the 
 Pi^h (Rex or chief) had fertile districts allotted for their sup- 
 port, and bore themselves in war with the gallant impetuosity 
 
 »PubHshedby the Irish Arch. Soc. Jury " Cess" of the present day. 
 *■ The term still lives in the Grand ' Four Masters, sub anno 1395. 
 
Counties of Kildare and Carlow, <^'c. 141 
 
 Edmund Spenser ascribes to the Irish chivahy. While the 
 servile caste did the work of the country, the free class per- 
 formed the duty of defence. This division of labour is thus 
 alluded to in an ancient poem : 
 
 "What country is there," asks the bard, "in which its own 
 king and prosperous chief does not appoint with full consent — 
 
 Toparchs (Caipig) over districts (Cuachp) 
 And farmers (bpughaiohp) over townlands ? 
 The sons of kings guarding them !" 
 
 Edmund Spenser explains that the exaction of ordinary 
 customs by Irish landlords was no injustice to the tenantry, 
 on the maxim in law, "to the willing there is no wrong done." 
 It was usual, he says, "amongst landlords of the Irish to have 
 a common spending upon theirtenants,"of whom, being for 
 the most j)art at mil, they used to take " what victuals they 
 listed, for of victuals they were wont to make small reckon- 
 ing. Neither in this," observes Spenser, " was the tenant 
 wronged, for it was an ordinary and known custom, and his 
 lord commonly used so to covenant with him, which if at 
 any time the tenant disliked, he might freely depart at his 
 pleasure. But now by this statute [interdicting coyne and 
 livery], the said Irish lord is wronged, for that he is cut off 
 from his customary services, of the which this was one ; be- 
 sides many other of the like, as Cuddey, Coshery, Bonnaght, 
 Shrah, Sorehin, and such others." And the writer con- 
 cludes by remarking that the Irish " were never wont, and 
 yet are loth, to yield any certain rent, but only such spend- 
 ings, for their common saying is — ' Spend me and defend 
 me.'" 
 
 The inconvenience to the public arising from the inter- 
 dict of old country customs by the above-mentioned new- 
 
142 The Presentments of Juries of the 
 
 fangled Statute, by which taking coyne and livery was 
 made treason, is also adverted to by Spenser : — " Now," 
 says he, " no man can goe into another man's house for 
 lodging, nor to his o^vne tenant's house to take victuall by 
 the way, notwithstanding that there is no other meanes for 
 him to have lodging, nor horse meate, nor man's meate, 
 there being no innes, nor none otherwise to be bought for 
 money, but that he is endangered by that Statute [to be 
 charged] for treason." So severe a penalty being attached 
 by enactment to receiving refreshment in the old hospitable 
 fashion, the wants of travellers soon made it necessary to 
 establish regular hostelries, and accordingly many licenses 
 for keeping country taverns were granted during the reign 
 of James I. But the habits of a nation were not to be 
 hastily abolished by Act of Parliament ; the doors of houses 
 which are recorded by annahsts^ as well known in their day 
 to travellers and the poor as abodes where welcome and relief 
 were certain, remained open; and, in virtue of the lingering 
 tradition of that universal hospitality, the needy wanderer 
 still enters freely and unforbidden into every Irish peasant's 
 house. 
 
 Inns or hostelries were deemed by the Irish an English 
 invention and innovation. These serviceable institutions 
 for merchants and travellers were established instantly after 
 the Conquest, Strongbow having granted an hospitium 
 liberum, " a frank house," in Wexford, another at Ferns, and 
 another at Kildaran, on the road to the metropolis.^ 
 
 It is easy to show that the exaction of coyne and livery 
 was rendered necessary by the circumstances of the time 
 and country. Protection was the most sacred duty of a 
 chief to his followers ; but they had to pay for being de- 
 
 • Four Masters, 1586, &c. '' Pat. Cane. Antiq. 
 
Counties of Kildare and Carlov)^ Sfc. 143 
 
 fended. Of the exactions enumerated in these representa- 
 tions, many more were for the general benefit than for the 
 lord's peculiar profit. Although it seems strange that an Irish 
 " king" should have occasionally sent his house-kerne round 
 his country " to take up six weeks' victuals" for a campaign, 
 it is likely that he had political reasons for doing so. In 
 ages when payment of rent and taxes in money was impos- 
 sible, he could not feed even his household without some 
 power of levying contributions in kind. In 1559, the Earl 
 of Ormond, apprehensive, it would seem, that Government 
 would enforce the enactments against exacting food, peti- 
 tioned the Queen " to have a sufficient authority to provide 
 victual within his o^vn rule for his house." We are sure 
 that he himself could consume but one man's share, and 
 may believe that the subsistence so supplied was expended 
 in the service of his people. Primarily, the rendering of 
 cuid-oidche, i. e. a portion for a night, was the sole rent a 
 Celtic king received, for his birthright was no more than a 
 mess of pottage. The rights of his order grew with the in- 
 crease of his clan's requirements; but whenever the clans- 
 men were oppressed by his exactions, they had their remedy, 
 for, in their proverb, "stronger than the chief are the 
 vassals." 
 
 Endeavours were frequently made by churchmen to free 
 their land from renderings to the king of the country in 
 which it was situated. Thus, an ancient Irish charter, as 
 " the freedom of CillDelga,'"' specifies that this land was dedi- 
 cated, " no king or chieftain having head rent (cen cis)^ 
 tribute {cen chobach), hosting, coigny {clioinnim), or any 
 other claim on it, for no chief durst touch it while staying 
 in the territory." Another charter asserts the freedom of 
 
 'Irish Arch. Miscell., vol. i. p. 137. 
 
144 The Presentments of Juries of the 
 
 Ardbraccan, now the seat of the Bishop of Meath, because 
 the king of the surrounding territory had sold the tribute 
 due to his clan from this churchland, viz., one night's 
 coinmhe every quarter of a year, for ever, in consideration 
 of three ounces of gold. The "general freedom of all 
 churches" is also arrogated in this charter. A case can be 
 adduced in which a chieftain, in the fifteenth century, ex- 
 tended his prerogative to receiving a leader and his men, who 
 had been expelled by their own tribe, and to giving lands 
 whereon his cattle should feed, and entitling his men to use 
 " the coigny of the country.'"" 
 
 Such was the ravenous conduct of the age, that it was 
 esteemed a proof of virtue in the popular eye, if a prelate 
 could, by mere force of character, let his cattle graze in re- 
 mote pastures, on finding them considered sacred. Thus, 
 "Mac Sir Morris," Bishop of Leighlin in 1512, a native of 
 Idrone, was, according to the annalist- writing Chancellor of 
 that diocese, Dowling, " commended for hospitalitie, and 
 for the number of cowes that he grazed without losse (so well 
 was he beloved) upon the woodes and mountaines" of 
 Brandon, Moilglas, Ballycarew, and Aghcarew. In such 
 times, when a native hierarch was judged to be popular 
 because of the immunity vouchsafed to his kine, how long 
 would beeves belonging to the Sassenach soldier. Sir Peter 
 Carew, Constable of Leighlin, have depastured the lands, 
 called, indeed, after his surname, but which he had recently 
 recovered from a Gaelic clan that had wrested them from 
 his ancestors ? From Bale's Memoir of his Life as Bishop 
 of Ossory, we know that, on one occasion, his servants were 
 cruelly murdered by the L^ish, on being found making hay 
 not seven miles from the walls of Kilkenny. 
 
 • Irish Arch. Miscell., vol. i. pp. 247, 295. 
 
Counties of Kildare and Car low, c^'c. 145 
 
 All research warrants us in agreeing with the ensuing 
 sentiments expressed by Stratford, regarding the beneficial 
 change effected for the lower orders in this country by their 
 emancipation from chm government — a change not less 
 evident, because this viceregal despot was bent upon taking 
 power from the Irish nobility and strengthening the Crown. 
 He writes in 1637 : — 
 
 " The people in general are In great quietness, and, If I be not 
 much mistaken, well satisfied and fast delighted with His Majesty's 
 gracious government and protection ; It being almost sure, that the 
 lower sort of the Irish subject hath not. In any age, Uved so pre- 
 served from the pressures and oppressions of the great ones, as now 
 they do, for which, I assure you, they bless God and the King, and 
 begin to discern and taste the great and manifold benefits they 
 gether under the shadow of, and from their Immediate dependence 
 upon, the Crown, In comparison of the scant and narrow coverings 
 they formerly borrowed from their petty yet Imperious lords." 
 
 Having carried notices of some consequences of the 
 Commissioners' labours down to a century subsequent to 
 the date of the High Commission, we may now close these 
 observations by alluding to the opinion expressed by several 
 learned archieologists, viz., that the series of documents 
 now published presents an unusually lucid picture of the 
 social state of a mixed and remarkable peoj)le. The future 
 author of a civil history of Ireland will, therefore, find in 
 these Verdicts large materials for genuine history. 
 
146 The Presentments of Juries of the 
 
 PRESENTMENT BY DAVID SUTTON TO THE KING'S HIGH COM- 
 MISSIONEES, AS TO OPPRESSIONS SUSTAINED BY THE 
 COUNTIES OF KILDARE AND CARLOW, FROM THE ILLEGAL 
 EXACTIONS OF THE LATE EARL OF KILDARE AND HIS SUB- 
 ORDINATE OFFICERS, 20 SEPTEMBER, 1537. AND THE RE- 
 PRESENTATIONS OF OLIVER SUTTON TO THE ENGLISH 
 PRIVY COUNCIL, DATED 1565. 
 
 These Presentments were emphatically directed against the 
 exaction of " coyne" (coin-meadhe') and " livery," or requisi- 
 tion of food for man and horse, whenever a military force 
 had to be maintained. The Earls of Kildare, as defenders 
 of their own territory, and governors of Ireland, were often 
 compelled to enforce this levy, in order to defend the Eng- 
 lishry. The impost is of Irish origin, and was suitable to 
 ages when, in the absence of money, taxes were paid in kind. 
 Some of the early English governors vainly endeavoured to 
 substitute the unobjectionable system of a money cess; but 
 it was reserved for Sir Henry Sydney to accomplish, in 1575, 
 this reform. In the middle of the fourteenth century, Viceroy 
 Eokeby used to say (says the annalist Grace), " that he had 
 rather eat and drink out of wooden vessels, and expend 
 gold and silver on food, clothing, and hired soldiers," 
 evidently desiring that mercenary troops should be paid 
 and fed by means of cash payments than that they should 
 be quartered on the country. This "just and prudent 
 man," as the annalist terms him, died in 1356, in Kilkea 
 Castle, probably while engaged in protecting the Pale. It 
 had not been easy for him to keep his resolution of paying 
 in cash, for he was, on one occasion, obliged to borrow 
 " in magna necessitate, pro coinmodo Regis et maintenencia 
 pacis." At his suggestion also, a curious royal ordinance 
 
Counties of Kildare and Carlo w^ Sfc. 147 
 
 was issued, to suppress the abuse of imposition of coyne 
 and livery under the form of " King's Cess ;" and an un- 
 published Statute of Henry VII. is levelled against this 
 exaction in general, which is declared to be the principal 
 cause why the most part of the old English freeholders and 
 tenants had deserted the land, " whereupon," says the pre- 
 amble, " the lords and gentlemen using the exaction have 
 intruded into those inheritances, and do set them to the 
 King's Irish enemies." 
 
 The Gaelic chiefs, and their clanna, or children, secure 
 in their glens and forests, and constantly increasing and 
 multiplying, crescentes in occidto, had almost overwhelmed 
 the Englishry, somewhat by the methods by Avhich the 
 semi-subjugated Canaanites overcame their ancient con- 
 querors, until but a small remnant was left. " So wonder- 
 fully," says an old writer, " had these Irish lords encroached 
 upon the English Pale, that when Henry YIII. came to 
 the throne, and took in hand the general reformation of 
 that country, it was found that the Pale was restrained into 
 four counties onlie, viz., Dublin, Kildare, Meath, and Louth ; 
 and those also not to be free from the Irish invasions, but 
 so weakened withal and corrupted, that scant four persons 
 in any parish wore English habits, and coinee and livery as 
 current there as in the Irish countries, which [exactions] 
 were first brought into the Pale by Sir James of Desmond,* 
 in the time of his government."^ 
 
 It is observed in a " Memorial for winning Leinster," 
 
 *If we could ascertain who this Erie that now is (and it is a little 
 
 was, the date of the introduction of above 51 winters sithence he died), 
 
 coyne and livery into the Pale would was the first man that ever put coyne 
 
 be fixed. Chief Baron Finglas, in and livery on the King's subjects." 
 
 his Treatise on the decay of the An- But the date of this treatise is un- 
 
 glo-Irish, says that "James, Erie certain. 
 of Desmond, grandfather to the ^ Bibl. Cotton, Titug B. xiL 
 
148 The Presentments of Juries of the 
 
 dated 1537, that because the Irish septs of this province 
 were decidedly under the dominion of the great houses of 
 Kildare and Ormond, " the moste of them" having been 
 under tribute to the former, and " part of them" to the 
 latter, this had been the reason why these natural enemies 
 had not been extirpated ; and " also," observes the writer, 
 "as far as could be perceived, the Geraldines preserved 
 most of them for scourges to theKynge's subjects," for such 
 times as the Earls were displeased with such subjects, " and 
 for other causes, knowing well that if these parts [of 
 Leinster] had been reformed, they sholde not have borne 
 the rule, nor enjoyed the advantage they had." 
 
 The publication of the " Kildare Rental Book" by this 
 Society will throw new light on the service of these Gaelic 
 clans to the Earls of Kildare. From various other records, 
 it seems that the Earls of Ormonde also availed themselves 
 of the support afforded by the septs that were under their 
 power. In some instances, lands which had been recovered 
 by the Irish were again taken from them. Piers, Earl of 
 Ossory, Avrites, anno 1531, that Thomas, the late Earl of 
 Ormonde, having given him the manors of Tullow and 
 Arklow, with their appurtenances, to hold by paying one- 
 fourth of the profits : — 
 
 *' Which manors were in the possession of Irishmen the space of 
 these 200 years, unto such tyme after the obtaining of the said deed 
 of gift, I, with force, daungier of my life, and great charge, reco- 
 veryd the possession of the said manors out of the Irishmen's hands, 
 and made thereupon great byldings and raparacions, to make them 
 
 strong and defensible which manors be the very keys of 
 
 the country."* 
 
 The letter earliest in date (1509), among the Irish cor- 
 respondence in the State Paper Office, is an announcement 
 
 *Priated State Papers, vol. ii., part iii., p. 154. 
 
Counties of Kildare and Carloiv^ ^c. 149 
 
 by the Council of Ireland to the King, that they have en- 
 treated the Earl of Kildare not to depart for England, but 
 to abide and protect them from the Irishmen. In 1514, 
 the Archbishop of Armagh describes, to Wolsey, the peri- 
 lous state of the Pale, and insists that the King is as much 
 bound to reform this land as to maintain good order and 
 justice in England. At this epoch the power of the Crown 
 in Ireland had sunk to its lowest ebb, and the tide of do- 
 minion did not rise again until the rebellious conduct of 
 Kildare's son compelled the sending of English troops 
 hither, and proved the necessity of reformatory measures. 
 In 1515, during that Earl's government, the author of the 
 first printed State Paper on the condition of Ireland, with 
 " A Plan for its Eeformation," declares : — 
 
 *' Some say the Kinge's Deputie is cause that all the common 
 people be so poore, so feeble, and so Iryshe ; for when somtyme, in 
 our dayes, the Kinges Deputye useid alwaye to have aboute him, 
 wherever that he dyd ryde, a strong garde on horseback of sperys 
 and bowes, well garnysheid, after the Englyshe maner, that payde 
 trewly for ther meate and drynke, wherever they dyd ryde ; nowe 
 garde of the Kinges deputie is none other but a multytude of Iryshe 
 galloglagheis, and a multytude of Iryshe kernne and speres, with 
 infynyt nombre of horsseladdes ; and with the said garde, the 
 Kings Deputye is ever moveing and styreing from one place to 
 another, and with extortion of coyne and lyverye consumeith and 
 devoureith all the substaunce of the poore folke, and of the comen 
 peoplle of all the Kinges subjettes."* 
 
 In the same year the Dowager Countess of Kildare, 
 exhibiting articles of complaint against her stepson, the 
 ninth Earl, declares that he, though Lord Deputy, has suf- 
 fered her lands to fall into the hands of the Avild Irishmen, 
 
 ' Printed State Papers, vol. ii,, part iii., p. 12. 
 
150 The Presentments of Juries of the 
 
 excepting some part, which has been taken by Sir Walter 
 Delahide, his steward ; and she further states that the estate 
 of her ward, Rochfort, of Kilbride, is made waste by daily 
 oppression of coyne and livery. 
 
 This coyne and livery, or free quarters for man and 
 horse, formed the war tax of the time, and this terrible tax 
 was incessant. In 1520 the Earl of Surrey came over as 
 Lord Lieutenant, but, being always in want of money and 
 cavalry, was recalled after two years, and a native noble- 
 man. Piers, Earl of Ormonde, was intrusted with the co- 
 lonial sword. In point of fact, such was the distracted 
 state of the country, and such the apathy in England, that 
 the government naturally devolved on an interested and 
 powerful native party. 
 
 In 1524 the King entered into an indenture with Kil- 
 dare, by which, on this great nobleman being constituted 
 Lord Deputy, he agreed to the following restrictions on his 
 power of demanding food for man and horse : — 
 
 " The same Erlle granteth, that as oft as he shall passe throughe 
 the Englyshe pale to any osteinges, or journays, or to parlle with any 
 Iryshe man, he shall not sett his men too coyne uppon the Kinges 
 subjectes within the Inglyshe pale, but by bille made by the arbinger 
 by thadvyse of too gentillraen of every baronye where the saide 
 coyne shall be sett; and that every of his men, so lyveryd, shall be 
 content to have such meate and drinke as folowith ; that is to saye, 
 every horseman and captayne of kerne and galloglasse to have, in 
 flesshe days, flesshe, bredde and ale, and in fysshe dayes, fyshe or 
 butter; and his kyrnne and boyes, such as the husbond hathe; 
 orelles to take but for every horssenmn 2d. a meale, eveiy foteman 
 li-d, and for every horsekeeper \d. ; every chief horsse 12 sheives 
 for a nyght and a daye, every bereing horsse eyghte sheives, and but 
 1 boye for a horsse. And allso the saide Erlle graunteth that at suclie 
 tyme as he shall sett his men to coyne in the marches, that they shalle 
 
Counties of Kilda're and Carlow, Sfc. 151 
 
 not take noo coyne, but after the said rate ; and also but oone boy 
 to oone horsse. And also the said Erie graunteth, that he, being 
 at any Parliament, counsaill, or in his private busynes, in the 
 Inglishe pale, shall not take coyne or ly very of any persone, but 
 onely upon his owne tenauntes ; but for to pay for mannes meate, 
 and horsemete, of every of his men and their horses, in maner and 
 fourme folowing; that is to witt, for a horseman two pens every 
 meale, and for a horseboy a peny, and for every six reasonable sheves 
 of oates a peny, and for a bushel of oats 8d. ; and that his said horse- 
 men, yemen, and horseboyes shall be contente Avith suche meate and 
 drynke as the husbondes have, paieing Id. for a meal therfore. And 
 also the said Erie graunteth, that at suche a tyme as he shall ride 
 through the Englishe pale to parlle with any Irisshe man, or other- 
 wise, that he shall take with him as small a company as he may con- 
 venyently for saufgard of his persone."^ 
 
 The entire counties of Kildare andCarlow are declared, 
 in a printed Report of 1534, to be under the rule of the Earl 
 of Kildare, his brothers and kinsmen ; and curious details 
 are given in the Report as to the exactions levied by him. 
 It appears that, for twenty-eight years previously, all law 
 had been administered, by his officers, under plea of a grant 
 of palatine liberty to De Yesci, formerly Lord of Kildare, 
 but resumed by the Crown, yet usurped by this Earl's father 
 since the twentieth year of the reign of Henry VII. In the 
 year 1317 the office of hereditary sheriff of Kildare had been 
 conferred upon the second Earl, and it would seem that this 
 office was continuously exercised by his successors. In con- 
 sequence, the King's subjects in this shire had traditionally 
 given their obedience to these Earls, throughout whose do- 
 minions the Crown received neither allegiance nor revenue. 
 
 In the same year that the High Commissioners com- 
 menced their work of reform, the principal officers of the 
 
 " Printed State Papers, vol. ii., part iii., p. 115. 
 
152 The Presentments of Juries of the 
 
 Irish government wrote State Papers of suggestions, and, in 
 one of these, by Justice Luttrell,the ensuing detailed account 
 is given of the first imposition of coyne and livery in the 
 Pale :— 
 
 " Item, the fyrste coyne of galloglasseis, callid Coyne Bon, that 
 was ceassid in thes quarters within this 50 yeres, that Geralde, fader 
 to Geralde, late Erlle of Kyldare, cessid in the countye of Kyldare 
 which was one Barret haveing but 24 speres ; which came to him, 
 being exiled oute of Conaght. Item, the said galleglasseis soo en- 
 creasid, in the tyme of the said Geralde the fader, that, in his time 
 they came to 120 speeres; moste parte to the charge of the saide 
 countye whiche his sonne Gerald cessid on Iryshe oftentymes, and 
 dyschargeid muche the said countye of them and ther charge. 
 Item, the saide twoo Erlles, being Deputyes, took no coyne in the 
 hert of thEnglyshe pale of the countye of Dublin, Meathe, ne 
 Louthe, but comeing thoroughe the same, for one nyghte and one 
 daye, to be in one place. Item, the Baron of Delvin, being Sub- 
 stitute Deputye under the said Erlle, then being in England, wag 
 the first that, going throughe the said parte, tooke coyne for twoo 
 nyghtes and twoo dayes, which was never before seen. Item, the 
 Erlle of Osserye after being Deputye, in the first rebellyon of the 
 tray tor this O concur, and the Garal dynes, after toke coyne within 
 the said quarter, for fower dayes and fower nyghtes in one place, 
 whiche was never before seen ther. Item, after, the said Erlle of 
 Kyldare, upon the said presydent, toke ther coyne and lyverye, as 
 is aforesaid, following the president of the said Baron, for 2 dayes 
 and nyghts ; and nowe the same folowith mor and more, whiche 
 wylle make the said quarters, that hathe byn unto this time pre- 
 servid after some Englyshe sort and manor, to be lyke to the rest of 
 the merches, if hastye remedy thereof be not hadde. Item, I do 
 remember my self, being ofthage of 40 yeres, when at the cesseing 
 of 120galloglas6heis in the countye of Kyldare, in exchewingofthe 
 Erldom thereof, many Englyshe husbondes of the same countye came 
 to inhabit in the countye of Dublin, and Meathe at one tyme, and 
 800 yerely others folio wid, so that nowe in the said countye, whiche 
 was more parte Englyshe, as the countye of Dublin now is, ther is 
 
Counties of Kildare and Carlow, ^'C. 153 
 
 not one husbondman, in effect, that spekeith Englyshe, ne useitli 
 any Englyshe sort ne nianer, and ther gentyllmen be after the same 
 sort; all by reason of coyne and [lyverie] : and the conversation with 
 the Iryslie sort that taketh it, and the poverte that men is brought to 
 by the same, causeyth ther gentyllmen, oneles be fewe that takeyth 
 the same extortion, or have gayne therby, that they are not well 
 able to set an Englyshe garment about them. Item, the saide 
 countye of Kyldare, and elleswherc, in marches, where the said 
 contynuall coyne, otherwyse called Coynowe Bowne, is taken, 
 was extendeid to beare the same after no indyfferent sortte; for 
 for some 20^' acres many placeis is chargeid Avith asmuche as 100 
 acres in many other placeis : so that ther landes in favour, or hadde 
 wylle under the Erlles of Kyldare, and other marche captaines, 
 have that fredom, and others not, so long as coyne shalbe thought 
 of necessyte to contynue, w^old be remedied, so that all landes in 
 the same mercheis to be lyke chargeid, were reasonable."^ 
 
 Three examinations, dated May, 1557, taken of the 
 M'Donnell gallowglasses, acquitting the Earl of Kildare of 
 putting honaght upon Irishmen, except when he was Lord 
 Deputy, and then for the King's service, are given in the 
 introduction to the " Kildare Rental Book."'' 
 
 The "supplication" addressed by the Earl to most of 
 the lords and gentry of the counties of Kildare and Carlow 
 would be a curious document. His use of the phrase, that 
 he proposed to be their " defender and spender," shows that 
 he intended to assume much the same relation to them 
 that an Irish king stood in to his clan. To be the " de- 
 fender and spender" of his people was the best eulogium 
 bestowed on a chieftain. The Gaelic customs this Earl 
 followed, which will be amply illustrated by the publica- 
 tion of the " Kildare Rental Book," require some remarks 
 
 "Printed State Papers, part iii., ^'Journal of the Society, new 
 
 %'ol. ii., p. 502. series, vol. ii., p. 275. 
 
 O 
 
154 The Presentments of Juries of the 
 
 in elucidation of the representations under view. Friar 
 Clyn, writing in the middle of the fourteenth century, 
 mentions the head of the Leinster Geraldines of the pre- 
 ceding century as " chieftain of his nation," showing that 
 this feudal family had already assumed the independent 
 condition of a clan. Their cousins of Desmond became so 
 completely Celtic, that Mac Thomas, as each Earl of Des- 
 mond was styled, claimed tribute from his race, less as 
 their feudal lord than as their senior, as appears by the 
 dedication of an ancient Irish manuscript volume in the 
 Stowe collection, the scribe of which, Sighraidh mac 
 Thorna O'Mulconry, n. fileclh^ or poet, states that the book 
 was composed "for Maurice Mac Thomas, Earl of Des- 
 mond, and the Senior" [emphatically], " to whom belongs 
 the primary right of Baal's fire, after the tribute of the 
 south of Ireland may have been paid to him, as well by 
 foreigners, as by the Irish.'"* 
 
 Kildare's option of enforcing either the Brehon law 
 or the King's law was very objectionable. Yet the Irish, 
 under his rule, had no cause to complain if their own code 
 was dealt out to them ; while the English naturally pre- 
 ferred that their laws should be administered to them- 
 selves. By a strange " order made in the Parliament of 
 1541, any person stealing over the value of fourteen pence 
 was to lose one ear on conviction of the first offence, the 
 other ear on the second conviction, and to be put to death 
 for a third offence." 
 
 Some considerable activity in enforcing the " King's 
 laws" might be expected to have followed the Commis- 
 sioners' labours. However, but a single instance can be 
 quoted, so far as the State Papers throw light upon such 
 
 • Dr. O'Conor's Kerum Iliberuicar. Script. 
 
Counties of Kildare and Carlov^^ ^'c. 155 
 
 legal proceedings — this unique case being an indictment in 
 Latin, dated May, 1538, against Peter Fitzgerald, late of 
 the Great Grange, near Cloncurry, Maurice Bacagh Fitz- 
 gerald, Edmond Asbold, of Maynooth, servant of Lord 
 Leonard Grey, and James Fitzgerald, of Ballysonan (who 
 is mentioned in the ensuing representation as a great suc- 
 courer of thieves), for instigating Kedagh O'More, of 
 Stradbally, Shane M'Coyn, of Kildare, and Neale Lalor, 
 of Disart, gent., to steal cows and horses from the Earl of 
 Ormond and Alexander Fitz Turlough, of the Great 
 Grange. By this indictment it appears that Stephen-ap- 
 Harry, of Rathangan, gent., a Welsh captain in command 
 of certain of the royal troops, actually received ten cows 
 of the said Kedagh " for comfort and favour." 
 
 The old rooted customs of the country were long in eradi- 
 cating. Even James, the noble ninth Earl of Ormonde, who 
 led the age in this land, could not divest himself of usages 
 that were essential to his power ; and he was frequently 
 obliged to employ force to quell the disturbances conse- 
 quent on the suppression of the Leinster Geraldines. In 
 1546 the Archbishop of Dublin writes to the King, in- 
 veiojhino- a2;ainst the Irish extortions of Earl James, who, 
 
 COO 77 
 
 says the prelate, is more like a prince than a subject. 
 "Although," continues the writer, "this Earl repairs to 
 your Majesty's Council in English apparel, with a retinue 
 of yeomen, yet is there more Irish order, more Irish rule, 
 and more stealth now in the lands given him on this side 
 the Barrow than was in the Geraldines' time." 
 
 These haughty Geraldines did not submit tamely to 
 the overthrow of their pride of place, and to the deprivation 
 of their patrimonies. AYe read in O'Donovan's edition of 
 The Four Masters: — 
 
 2 
 
156 The Presentments of Juries of the 
 
 154G. " Many disafFcctetl persons" [or rather toibj^capsac, i. e. 
 outlaws given to plunder and revenge] " of the Geraldines rose 
 up against the Saxons, in revenge of their expulsion from their pa- 
 trimony, namely, William, the son of James, son of the Earl of 
 Kildare, Maurice-a«-/e«f//m, [i. e. of the wood], son of James Meir- 
 geach, son of the Earl ; and many other youths besides these. They 
 did indescribable damages, among which were the plundering of 
 Ballymore-Eustace, the plundering of Kathvilly, and of all the 
 country around them ; as the plundering and burning of llathangan, 
 from which they carried away on that occasion many thousands of 
 cows, a number [in fine] that could not be enumerated or reckoned." 
 
 In the next year, these rebels were defeated at Three 
 Castles ; sixteen were taken, including Maurice of the 
 Wood and his brother ; and being conveyed to Dublin, 
 were hanged and quartered. Thus, say the Annalists, 
 were these plunderers and rebels dispersed and scared ; and 
 although their career was of but short duration (one year 
 only), they committed vast depredations. 
 
 Gerald, brother of Silken Thomas, being restored to the 
 Earldom of Kildare, gradually assumed much of the port 
 and demeanour of his forefathers ; and, when employed in 
 arms in the service of the Crown, used, for want of regular 
 pay for his troops, the old system of coyue and livery. 
 Gross abuses obtaining in the army, the captains making 
 false musters, so as to receive pay for " black men," Wil- 
 liam Bermingham, " lord of Brymycham's country," gave 
 information in a bold spirit, quite uncommon in that age, 
 of this and other public grievances ; and in consequence, Sir 
 Nicholas Arnold was sent hither to take musters, and, being 
 made Lord Justice, etFected, in May, 1.5G4, reductions in the 
 garrisons. This measure of economy was very displeasing to 
 the Earls of Kildare and Ormonde, who, as commanders of 
 
Counties of K'ddare and Carloic, SfC. 157 
 
 the forces, were in receipt oriiigh pay. In the iiionth of 
 September, the first-named Earl was in the field against rebels, 
 at the head of the whole disfiosable force of the realm. The 
 last-named nobleman, the loyal Ormonde, had issued a pro- 
 clamation, abolishing coyne and livery in Tipperary. Yet 
 there is ample testimony to prove that no other means were 
 available for the support of an army. At a time that tlie 
 Crown, when making war on public grounds, had no other 
 mode of feeding its troops than the old exaction of cess in 
 kind, how could private men, such as Kildare, Ormond, and 
 Clanricarde, whose territories the Crown was utterly unable 
 to protect, do otherwise than employ the customary means 
 for defence ? The attacks, in the year above mentioned, of 
 Desmond upon Sir Maurice Fitzgerald, and the losses sus- 
 tained by Clanricarde from the O'Briens, show that private 
 wars were frequent and prevalent. On the latter occasion. 
 Lord Clanricarde boldly demands redress of the Queen, 
 or " at least to be allowed to take redress after the country 
 fashion." 
 
 In the meanwhile, William Bermingham continued his 
 exertions to procure reform in the army ; while another 
 Anglo-Irish gentleman, Oliver Sutton, of Richardston, 
 county of Kildare, directed himself to the no less patriotic, 
 but more perilous task of drawing attention to the grow- 
 ing exorbitancy of " the great" Earl of Kildare. 
 
 Some account of the public-spirited author of the ear- 
 liest of these representations, namely, David Sutton, is re- 
 quisite, since, indeed, his labours seem to have led to the 
 other presentments being now of record. He was of a 
 Strongbonian family of knightly rank in the shires of 
 Wexford and Kildare. The curious letter from the gentry 
 of the Pale, sent, in 1454, to the Duke of York, is signed 
 by a member of this family. This David Sutton was of 
 
158 The Presentments of Juries of the 
 
 Rathbride; lie was mayor of Dublin in 1543; and, during 
 the Geraldine rebellion, had, according to Holinshed, taken 
 a loyal and steady part. Robert Cowley writes to the 
 Duke of Norfolk, in 1540:— 
 
 " Where a good gentilman callid Davyd Sutton who kepith at 
 his charge divers horsemen and fbtemen, had the constableship of the 
 Kinges castell of Kildnre, the said Robert [Brabason] did put him 
 oute, and for lucre took uppon hy m self to bee constable of Kildare, 
 keping in his handcs the constableships of Carelingford, distansing 
 asunder Ixx myles ; and left not in the castell of Kildare any manner of 
 pese of ordynance, somoche as a hand gonne or any pese of artillery, 
 not oon bowe, but likking up the proffut; and OConnor beeing 
 thereof monysshed, entered into the towne andburnyd it, and entered 
 into the castell and ryfeled it of all the cattaill therein put for 
 refuge, and toke horses out of the Castell. And oon hand gone 
 may have kepte theym out and saved the Castell and all that was 
 therein. 
 
 " Item, that part of the Armye may bee content to departe from 
 8uche charges of constableshippis, that wol take no paynes, but take 
 their passe tymes in good townes pleasantly, permitting their cas- 
 telles to bee takyn and prosteratedbehinde they me, as on Dewke con- 
 stable of Castle Jordan, in the borders of OConnors cuntrey, this 
 last weke, was passing tyme whiles the Castell was takyn, brokyn, 
 and ryfeled, and the warde like feynte coAvardes gave over the Cas- 
 tell and rendered tlieymselves prisoners to OConnor, who had vj. 
 half hakes, a redd pese, a pass volant, ij. hackbusshes, and a shipp 
 pese, with all their pellets, moldes, and powder, which OConor ke- 
 pith to the great daunger of the Kinges subjcctes."-'' 
 
 In 1544 the Government wrote to the King, recom- 
 mending that David Sutton, a gentleman of the county of 
 Kildare, who has rendered very acceptable service, be ap- 
 pointed a member of the Irish Privy Council, and be al- 
 
 » Ellis's Letters, vol. li. pp. 08, 100. 
 
Counties of Kildare and Carloic^ SfC. 159 
 
 lowed to purchase the lands of the late Commandery of St. 
 John's, called Tully. 
 
 The office of belling the cat descended hereditarily to 
 Oliver Sutton, who, bravely daring the displeasure of the 
 Earl of Kildare, addressed several memorials (one of which 
 we print) to Queen Elizabeth, disclosing the Earl's 
 " enormities." This gentleman had been imprisoned by 
 Lord Justice Arnold during sixteen Aveeks, for com- 
 plaining of having been despoiled ; and he drew up, at 
 the close of 1565, A book to be exhibited to the Lord 
 Lieutenant against coin and livery, which the Earl of Kil- 
 dare taketh, with other the said Earl's enormities and 
 abuses. This document, which is longer than tlie one 
 now published, seems to have been written in L^land. 
 On December the 2nd, having come to London, he ex- 
 hibited " Articles" against the Earl, which agree in sub- 
 stance with the former accusations. The writer states that 
 he has been compelled by the Earl to forsake his plough- 
 ing, and abide in Dublin or England, for safety of his life. 
 On the 11th the Queen wrote by him to Lord Deputy 
 Sydney, desiring this high officer to report on what is con- 
 venient for her Majesty to judge of in Sutton's " exhibi- 
 tion of disorders," which, the Queen observes, " too directly 
 touch the Earl of Kildare." Security was to be provided 
 to protect this bold accuser's life from persons he was in 
 fear of, on account of his information ; and Sydney was to 
 send his opinion as to Sutton's suits for leases of crown 
 lands. Little seems to have been done in favoiu' of this 
 public-spirited Anglo-Lishman. Li April, 1568, he suppli- 
 cates the Privy Council, stating that he has been injured 
 by the Earl to the value of £2000 ; is in continual danger 
 of his life for having disclosed this magnate's disorders ; 
 and prays that his causes may be determined. 
 
160 Tfte Presentments of Juries of the 
 
 His representations as to the grievance of the exaction 
 of coyne and livery aided, however, the measures soon 
 adopted for its abolition. The Earl himself headed a 
 movement in this direction, since there is an entry in the 
 Kildare Rental Book of " The ordyr takyn at the Solanis 
 the last of Mail, 1567, by the Ryght Honorabyll the Erlle 
 of Kyldare, and the rest of the gentyllmcn of the same 
 syre, for the setting forthe of the rysing out to the generall 
 Ostyng ;" in which order special regulations are laid down 
 for levying the necessary commissariat. 
 
 The following is David Sutton's Presentment, dated 
 1534:— 
 
 P'SENTED BY DAVID SUTTON FOR THE COUNTYE OF KYLDARE. 
 
 ThiB Booke made the 20'^ dale of Septemt)r, The 29*'' yere of 
 the reigne of o'" souJaign Lorde the Kinge that nowe ii^, by 
 comandment of the Kings comissioners then being in Ireland; 
 which had me sworne to declare the trothe hoAv the countie 
 of Kildare and Carlagh Avas used by the late Erie of Kyldare, 
 and sithens and nowe, which I trust trewly shall appere here- 
 after. 
 
 First thErle sent to all or the most parte of the Lords and 
 Gentylmen of bothe the said counties for to have had the defense 
 of them, and also to spende them, as he said in his supplicacon or 
 writting, but at their owne pleasure, Avherunto the most parte of 
 the forsaid gentylmen put to their hands to the aforsaid writting, 
 as of trothe durst not saye the contary. 
 
 ItS, after the forsaid writting be used bothe the counties as his 
 owne, but onely he sufFred the gentylmen to levie their owne 
 rents. 
 
 ItS, he wold put upon tliem to finde hym as many horsmen, 
 horses, and boyes as went comonly w"' hym aboute. 
 
 Itii^, he wold sessc on them in like manor, if cny straunger Irishe 
 
Counties of Klldare and Carlou\ ^fc. 16J 
 
 or Englislic cam unto liyni, all their horsmcn, horses and boyes at 
 all tynies. 
 
 Itffl, whatsoeu? tyme he kej)tc his Ester or Cristmas, ■which he 
 wold doo w'" a great numbre of people, then wold he sesse all their 
 horses and boyes and his owne upon the countrey to have horsmcte 
 and mannesraete duryng the feast. 
 
 ItQ, he used to give many horses to gentylmen, and to cvJy man 
 w'^in the said counties that he gave eny suche horse, if the man were 
 able to receave hym, he wold be w'^^ hym ii daies and twoo nights, 
 to have bothe mete and drinke with hym." 
 
 ItQ, he used to have vi^^ kerne and xV- boyes to have their 
 mete contynually upon the said counties and upon the borders of 
 the same, but when they bare gallovvglas. 
 
 Itnl, when he sessed them w"' Gallowglas'^ in the said counties 
 he set his kei'ne in Lonue, Moishlagh, and Moy Innorragh, and in 
 the Barony of Desse and Westmeth. 
 
 ItS, he used to sese the counties a while but w' vi'"' speres of 
 Gallowglas and that is xii^^ men, and other whiles w' viii''-'' speres, 
 that is xvi^^ men. 
 
 ItS, he used to have a hunte w'in the forsaid counties, and ev ly 
 dogge to have bothe bred and butti like a man. 
 
 ItS, his men that kepte his stode had their mete upon the said 
 counties. 
 
 Itnl, he reared a carte w' ii men and iiii garrons one wekc in 
 the yere upon evjy plough within the said counties, to cary stones to 
 the castels on the Borders, upon their owne mete and drinke and 
 wages. 
 
 It in another tyme of the yere he wold have a workeman one 
 weke of the yere upon evJy plough w'in the said counties and a man 
 upon evjy iii cotages w'in the same counties, one weke in the yere 
 
 * This custom of giving titardsdala, Kildare Rental Book, now publishing 
 
 or retaining fees, was Gaelic, and the by this Society, proves how fully the 
 
 recipient became the vassal of the Earl practised this custom, 
 
 donor, who thereupon was entitled to ^ Cessing with gall- oglasfifjy i.e. fo- 
 
 takeao.w-n, coshcry, (i. e. king's rent) reign servitors, was imposing hnnacht 
 
 at the dwelling of the retainer, for the or hired men, termed in Latin Scotici, 
 
 usual term of two davs and nights. The because usually of Scottish extraction. 
 
162 The Presentments of Juries of the 
 
 upon their owne mete and wayes to cast diches and fastnes upon 
 the borders. 
 
 Itnl, he used ons in the yere to rere an axe upon a plough and 
 an axe upon evJy thre cotagers, to cutte passages* upon the Borders 
 of" Irishmen sometyme foure daies together, and sometymes two 
 daies ; and the gentyhnen and horsraen of the countrey to goo to 
 defende them, they havyng horses and boyes mete of their tenants 
 and their owne vitelles upon themselves. 
 
 Itnl, he used most comonly to have iii"'' horsmen to evJy hostyng 
 upon the said counties and oute of the Nas vi yemen,'' Carlagh, 
 Dese, Darmot, Kylka, Athie, Kyldare, Rathangau to here his 
 owne boyes for they bare nothing with the contrey. 
 
 K, the said Erie used in eny manor of his that lacked eny house 
 of office, as hall, kitchyn, barne or stable, that the ten^'nts of the 
 same manor shuld make it upon their owne charges and to bringe 
 the stuf to hande, but onely the said Erie to fynde the .carpenters 
 and masons. 
 
 ItS, he used two lawes, o'' p'nce's lawes and brehens lawes, 
 ■which he thought most beneficiall, as the case did require. 
 Brehennes lawe is for stealing of a shepe or like thing v ulks 
 tociens quociens and not to be hanged, for drawing any wepen 
 out of the scabard xx^ If he drawe bludde w' the same it is v 
 Sks, If he cut eny joynte c% & if he dethwounde hym though he 
 kill hym not, his ramesome,*^ & all the forsaid forfaitures to come to 
 
 * These were passes cut through the tion of Leix and Offaly, so important 
 
 woods that often divided " the Magh- was the cutting of passes In the " great 
 
 cry," or plain grountf, from the coun- wood of Leix" and the forest of Offaly 
 
 tries inhabited by the Irishry, who considered, that the Lord Deputy 
 
 sometimes converted such a pass into a writes, it were better than forsake it, 
 
 " fastness," as it was technically termed, to lose most of the harvest of the county 
 
 by "plashing the wood," or making DubHn. 
 
 fence-works across and along the pas- ^ Yeomen, representing the ancient 
 sage ; thus making it a hearna haogail, English freeholders, 
 or pass of danger. Li Ireland, such <= This eric^ or blood-money, was re- 
 reads through forests were the " passes ceived by the Icing of a clan to compen- 
 of danger," whence incursions were sate for injury to or loss of a clansman, 
 made by one clan upon another, as AVhen Maguire became tributary, in 
 mountain passes were in Scotland. In 1542, to O'Donncll, he conceded to him 
 1518, at the beginning of the coloniza- half the eric paid to him for killing 
 
Counties of K'lldare and Carlov;, df'C. 163 
 
 the forsaid Erie, & nothing to the partie, wherby ther fell many 
 gentylmens lands to hym by meane of suche forfaitures. And 
 ev'y comandement or ^clamacon that he caused to be made it was 
 taken for a lawe. 
 
 ItS, of this forsaid booke there is no man useth it noAve as to 
 set coyne and liuJey upon eny other manes ten-^nts but onely the 
 Lorde of Kylcullyn/ which doth set coyne & liu7ey upon the kings 
 ten''nts as well as upon other Gentylmens lands, for he is not able 
 to kepe half the men he hath upon his owne lands & there is no 
 man in the countrey that hath men of warre but he in effecte for the 
 defense of the countrey ; howe be it he hath some noughty men 
 and ill doers, and if they were not w^ hym or put to execucon they 
 wold be doing hurts, as Piers Fitzgarrates sonnes doo nowe. 
 
 Item, William Brymycham useth alman/ exaccons worse then 
 eu? dyd the Erie of Kyldare & as having coyne & liuJy, as well upon 
 the kings lands as upon other gentylmens lands, and alman J works 
 upon the tenants upon their owne charges, as is aforsaid of the Erie 
 of Kildare. 
 
 ItS, he causeth the tenants to give xvi q'^rtes to the galon 
 
 men throughout Fermanagh. So re- geralds, Barons of Naas. There is a cu- 
 
 cently as 1554, Gerald, Earl of Kildare, rious letter to the Duke of York, dated 
 
 levied a horaimJie viui\ or great fine 145i, in ElHs's Letters, Second Series, 
 
 of cows, viz., 340, on Delvin-Eathra, vol. i., p. 121, mentioning an attack 
 
 as an eric for his foster-brother, slain on Rathcoffy Castle, then inhabited by 
 
 by M'Coghlau. A curious account of a Eustace who had espoused the widow 
 
 this levy is given in the Ivildare Ren- of Wogan, of Rathcoffy. James, third 
 
 tal Book. " Ramesom" is ransom, or Viscount Baltinglas, owned half the 
 
 the sum paid to deliver from rapine. manor of Naas, and chief-rents from 
 
 * The Lord of Kylcullyn was Eustace, the Eustaces, St. Los, Flattisburys, 
 
 LordPortlester,createdVi3countBaltin- Suttons, and Missets' lands, and from 
 
 glas. This family are understood to de- Clinton's Court ; and also owned the 
 
 rive from Sir Eustace le Poer, and this old manor-house of Ivilcullen. He was 
 
 descent is warranted by their war-cry attainted for treason, 27 EUz., by the 
 
 having been Poeragh-ahuo. They may special Act known as the "Statute of 
 
 have become entitled to part of Offaly Baltinglas." In the time of Henry IV., 
 
 from this knight having manned a co- the town of Kilcolyn was burnt by the 
 
 heiress of Birmingham, Earl of Louth ; L'ish, upon Avhich the King granted 
 
 and they acquired four knight's fees the burgesses a regular market day, 
 
 in Kildare by an heiress of Le Bret, with certain tolls [Rot. Pat. 4 
 
 one of the representatives of the Fitz- lien. IV.] 
 
164 
 
 The Presentments of Juries of the 
 
 whither it be ale or buttJ as in paieng hym his vitailes or 
 mets.* 
 
 Itrrl, he hath a galon of butter upon ev/y cowe in his lordship. 
 
 Itnl, he giveth comandement and maketh it for a lawe throwe 
 out the Barony of Carbre, calld Brymych^m countrey,^ that no 
 man shall [bring] eny man/ thinge that they have to cny Sket, 
 but onely to his wif, and she to make the price. 
 
 Itnl, William Brymychara taketh theves and lettcth them goo 
 at his pleasure, so as they fyne with hym.*^ 
 
 Itffi, nowe of late there was two stronge theves taken by the 
 kings tenants in har'st, of which one of them is nowe with my Lord 
 
 » Rent was paid in kind in the west 
 of Kildai'e at this period. On the other 
 hand, in the east and more fertile parts 
 of the county, money rent, averaging 
 sixpence an acre, was paid. Sixteen 
 quarts to the gallon may have been 
 customary in measuring ale and butter. 
 Comparative with modern payments 
 for the grass of a cow, sixteen quarts of 
 butter were not much for the summer's 
 grass. 
 
 ^ The county of Offaly, or of the 
 O'Connor-Failghe clan, which was ori- 
 ginally granted by Strongbow to De 
 Birmingham, had become divided, be- 
 fore the reign of Edwai'd 11., between 
 the latter's descendants and the Fitz- 
 geralds, barons of Offaly, while the 
 western and woody parts of the country 
 remainedin the possession of the O'Con- 
 nors. In 1524, " Brymmyngham, " 
 captain of his nation, was one of the 
 principal Anglo-Irish lords marchers. 
 At the period of these presentments, it 
 was advised that the poi'tion of old time 
 inhabited by the " Brymmyniames," 
 extending as far east as Tower Trowan, 
 be restored to them ; that " William 
 Brymmyniame, because of his activitie, 
 be made lord thereof," to him and his 
 heirs ; that the rest of the country be 
 granted to Cahir O'Connor in fee-tail, 
 
 at the same time creating him Baron of 
 Oflaly (a peerage recently forfeited by 
 the Fitzgeralds) ; and William Bir- 
 mingham, a lord of Parliament. This 
 latter active representative of this 
 anciently distinguished family was 
 knighted, and created Baron of Car- 
 bery, at the time of the creation of the 
 earldoms of Tyrone, Clanrickard, and 
 Thomond. 
 
 " Sir William Birmingham, Knt., 
 Baron of Carbery," was, in August, 
 1641, appointed an arbiter of diile- 
 rences between O' Conor of Oll'aly 
 (Brian) and his brother Caher. The 
 others were David Sutton of Connall, 
 gent., James Fitzgerald of Osbards- 
 ton, gent., and Richard M'Kenegan, 
 brehon or judge to O'Conor — [Printed 
 State Papers, vol. iii., p. 316]. The clan 
 country around Carbery is styled, on a 
 map of circa 1569, " Clan lores, alias 
 Bremachaue." They had resisted the 
 feudal law that would have entitled 
 Preston, lord of Gormanston, to part 
 of the estate on marriage with a co- 
 heiress. With reference to this, the 
 senior line of this eminent Anglo-Irish 
 family, sec Lodge's Irish Peerage, vol. 
 iii., p. 51. 
 
 " That is to say, the thieves paid him 
 cnina^ or fines for being released. 
 
Counties of Klldare and Carlow, <^-c. 165 
 
 Deputie, and the other the strongest thief and ngcntylman borne, 
 which William Bryniycham sent for hym, and let hym goo, by cause 
 he was Cayre Occonncrs sj v^nt. 
 
 Itnl, the said William keepcthc of the (yonnors with hym, 
 which be better spies in this countrey then they that be borne here. 
 
 Itnl, Philip Morice'* setteth coignc & liu/y upon all the ten'^nts 
 w'ln AUon as though they were his owne, and he is but chief Lord 
 oui them, as well upon my Lord Bishops lands there as others. 
 
 Itm, he kepcth of the Doncyes^ with hym daily, which be the 
 best spies in o' countrey, and when they go home doo take the goods 
 of the countrey with theym by means of his men and they together. 
 
 Itm, James M''Gerald accompanleth with the Dencys & w' the 
 strongest theves of theym Avhich doth hurte oftymes. 
 
 1?, the Gentylmen put all man? charges ihat come to the countrey 
 upon their tenants aswell to the hostyngs as otherwise & no charge 
 upon themselfs. 
 
 Itnl, eu?y gentylman genially putteth coyne &lIuJey upon their 
 owne tenants. 
 
 Itnl, there goo many of the Lord of Kylcolyns men, James 
 Geralds sonnes men, to aske and to take foysse, and Richard Fitz- 
 Kdmonds sonnes eu/y night (a foye is to saye to aske mete) and 
 there as they goo, the folks ashamed, or affraied to saye them naye, 
 for feare of burning by night. 
 
 ItS, Piers Fitz Garrats sones been socored & their men w"' the 
 baron of Noragh'^ ofttymes they being oute upon the countrey. 
 
 a Philip Morice, lord of Allon, was, "^ Norragh was granted by Strongbow 
 
 probably, of the Geraldine family, to "one Robert," who seems to have been 
 
 " Gerod fyz Fyllype, of Allon," was ancestor of the De Valle, Le Veale, or 
 
 cessed with one horseman to general Calfe family, barons of Norragh, whose 
 
 hostings in 1567 [Ivildare Rental heiress, Elizabeth, was espoused by 
 
 Book.] Gerald, son of Philip Fitz- the celebrated Arthur Kavanagh, the 
 
 gerald, late of Allon, died in IGll, was M'Murrougli, of Leinstcr. The barony 
 
 seized of this manor, and of Caronston. went, however, by a subsequent heiress 
 
 — [Inquis. Lag.] to a branch of the Wellesley family, of 
 
 '' Probably some of the O'Dempsy's, whom one was the Baron of Norragli 
 
 of whom the chief was subsequently above-mentioned, — [Inquis. Lag. liil- 
 
 creatcd Viscount Clanmalier. dare.] 
 
166 The Presentments of Juries of the 
 
 Itm, ev'y man comonly mtiketh pledges by tlicir ownc lianda for 
 their deraaunds. 
 
 ItS, another ivill ordre is, that when we be at peax with Leysse 
 & the Donsyes they come in companies to askc mete & take the 
 best that the poore tenants have, so that they have ympou^ished 
 the borderers, so that the kings ten^nts^ have given warnyng to go 
 from their holdings. 
 
 Itnl, the SJgeaunts'' have for their labor, bicause they have no fee 
 sjteyn, oute of evJy xx carts that ar rei'ed or levied to the hostings, 
 one carte & of evjy xx horsemen one horsman, in like maner of fote- 
 men one hoope of whete & one hoope of oats upon eu?y plough & 
 a henne upon eu7y cotage. And the countrey saith they rere this 
 sometyme double in the countrey. 
 
 Itnl, every borderer useth to rcre the forsaid v nlks for the ef- 
 fects doon upon them or upon their ten'^nts. 
 
 Itnl, James Fitz Gerot of Ball3^ssannan'" and his brother ar great 
 socorers of the theves of Leyse, and his brother Piers leadcth them 
 thorough the countrey to steale ; and the theft to be taken the first 
 night to the Blak Wood, and in the second night to Balysonnan & 
 in the third night to Lexe, and so from place to place of their owne 
 tyll they be quite out of the countrey, so that it is hard to ^ve them. 
 
 Although of later date than the foregoing presentments, 
 the " booke" of Oliver Sntton naturally comes in here. It 
 is numbered 55 in the lately published Catalogue of the 
 Irish State Papers, and is evidently the draft of the paper 
 numbered 6^^ which is much longer. It runs as follows: — 
 
 ^ Probably the takers of the lands Society, vol. i., New Series, p. 110. By 
 
 newly in the hands of the Crown by the printed Inquest, Sir Piers Fitzgerald, 
 
 forfeitures of the Geraldines. Knt., of Ballysonan, was found to have 
 
 ^ Serjeants were servants who col- died seised of two castles in this manor ; 
 
 lected rents, and allotted cess, and also of the Blackwood, and of other 
 
 hosting taxes, &c. manors. He died in 1593. Sir James 
 
 ■^ Ballysannan was the seat of a was his heir. This place was taken 
 
 branch of the Gei'aldines. A curious from its owners in 1649, and attempted 
 
 picture-map, representing the siege of to be restored to them by James II 
 
 the Castle by the Parliamentary forces. See Archbishop King's State of the 
 
 was published in the Journal of the Protestants of Ireland. 
 
Counties of Kildare and Caiiow^ ^'c. 167 
 
 AGAINST THE EAELE OF KILDARE TAKING OF COYNE AND 
 
 LIVERIE. 
 
 [December, 1566.] 
 
 A Booke to be exhibited unto the Kighte Honorable the Lord 
 Lieutenant agaynst Coynand Livery which thEarle ofKyklare 
 takethe by extortc power of thinhabitants of the countie Kyl- 
 dare, with other the sayd Earle's enormities and abuses. 
 
 Fyrst it was enacted in the tyme of 
 Coyn and Liveiy disaiowed Kynge Eic. the secundc at his personall 
 
 byKyngeKic. the second, and , . "^ , . , . i ci ^ i ,i . 
 
 , , ^^,., beinoe here in this rcalme ot Ireland that 
 
 Edward the I\ "'. ° 
 
 Coyn and Livery should be abolyshed 
 thEnglyshe Pale, as Methe, the countie of Dublin, the countie 
 of Kyldare, and the countie of Catherlaghe, w"^*^ acte was newly 
 confirmed by Kynge Edward the 4"^, as dothe appere by recorde &!". 
 
 Item, in the rayne of Kynge Henry the 
 An Acte in Kynge Henry ^.^ ther past an act within this rcalme of 
 
 theVII"^es,.avne,approvvngthis i/i't-ii ot^ii t 
 
 ', ' irland (this Earie ot Ivyldares ffraund- 
 
 exaction to be felony. "^ ^ o 
 
 father being then Lord Deputie) w'^'^ is 
 called thacte of Marches and Maghery, that suche as tooke coyn 
 in the Maghery, or Englyshe Pale,'' shoulde be esteemed felons, 
 except it were uppon their owne lands in the borders. 
 
 Item, Sir Anthony Fitz Harbard, 
 Order taken by FitzHarbard Knyghtc, and Other Commissioners sent 
 
 Commissioner agayust the same. _^ . 
 
 hither by the late i rmce oi famous me- 
 mory Kynge Henry the 8"^, tooke order that the actes aforesayde 
 shoulde stand in force. 
 
 Item, in the tyme of Sir Wylliam Ske- 
 An Acte in print by Ske- vy^gton, being Deputie of this realm, ther 
 vyngtons tyme disprovinge the . n .1 .- -i . /• .1 
 
 past an acte lor thextinguishment ol the 
 same. '• ^3 
 
 sayde coyne and livery, as playnly maye 
 appere by the same acte in print confirmynge lykewyse thactes 
 aforsayd, &'^. 
 
 " This show.s that the Pale consisted the mountainous districts remained 
 of the i>/ac^(n';T, i.e. phiin land, of the still with the unconquered native 
 central eastern part of Ireland, while tribes. 
 
168 The Presentments of Juries of the 
 
 Item, it appcrcthe by a graiint made by 
 
 A grant of corn and livery ^j^^ ^^^^ ^f ^j^^ ^^^^^^^j^ Kyldare that the 
 for a tyme. 
 
 sayde c^'" and p^'^'y was grauntcd unto 
 tlie late Earl of Kyldare but for a certayne tyme limited in the 
 sayde graunt towards the sustenance of his eliardges for the defens 
 of the same countie, till farther ayde were sent from the Prince, 
 lyke as nowe houldings are graunted (uppon occasion) by all shires 
 durynge a tyme for ther better defens till they be ayded by the 
 govcrnoure &'^. 
 
 Item, so longe as the Queens Majestes 
 ThEries rreiogative sur- p^ogenitours held thErldome in ther 
 
 mountinge the Princes. i i i i t /• i 
 
 owne hands by thattaynder, tor observyng 
 thacts aforesayde, they nether required nor had eny suche duties 
 of thinhubitants of the same shire. So as this Erie, clayminge in 
 by them, can be in no better case then they were, albeit he had 
 never so ample words in his creation, &^. 
 
 Item, his auncestours were bound by 
 His ancestors bound by In- indenture to the late Kinge Henry th 
 
 denture to forgo this exaction. 
 
 Eyghte (anionges other covenants apper- 
 yng by the same indenture) not to take this exaction Avithin the 
 Englyshe Pale, uppon penaltie of a thousand pounds &•". 
 
 Item, the Governours, with the most 
 
 The subjects prospered when ^^^^^ ^^ ^j^^ ^^.^^^ ^j^^g ^^ye late Earles at- 
 this exaction was left. , mi i • • • i 
 
 taynder until! this mans creation, without 
 takynge eny suche exaction, laye within this shire for the defens of 
 the same and thEnglyshe Pale, to the great relief of thinhabitants 
 as well tuchinge ther safeguard as also ther prosperitie and welthe 
 of lyvynge, with suche good government that (all causes of com- 
 playnt being supprest) the subjects lyved pleasauntlie. Yet, sins 
 the comynge of this Earle, throughe his intollerable extortion, 
 they are quite fallen from that welthe into extreme povertie and 
 mine. And that as well in the countie Kildare as in all other 
 shires whear he hathe so avayled sins his comyng, &''. 
 
 Item, the contrey sherede the chardges 
 Thenuniberofhishorses&boycs continually with no Icsse than 200 of his 
 
 charged uppon the conlrey. , • , i r» i , i r» 
 
 liorscs, Avith 2 l)oyes appoynted lor every 
 horse, takyng 24 sheaves for every chief horse, and 26 sheaves for 
 every hackney. 
 
Counties of Kildare and Carlo w^ c^t. 169 
 
 Also his boyes must have a tester'' for every meale, or a Jistresse 
 thryse worth the same, and never to be delivered the partie agayne. 
 Lykewyse uppon a denyall of eny thies his exactions, he sendethe 
 his power to the partie that so deniethe to leavy of his cattell what 
 he wyll for satisfaction thereof, and killethe the same presently for 
 the provision & furniture of his kytchen &c. As for example, he 
 tooke from Mr. Aylmer^' 16 beoves, from Oliver Sutton 2 beoves, 
 from Rocheford of the Laraghes 4 beoves, and from divers others, 
 without makeyinge eny restitution or satisfaction of the same, &•=. 
 
 Item, the contrey is chardged in the 
 
 The couutrey charged yerely _ , , • ^ ^r^^ i 
 
 .,, , , , . \, tyme of otesede at least with 300 pecks 
 
 with meat for uis great horses. •' '■ 
 
 yerely, whiche he callethe otes for his 
 
 great horses. So that a score of boyes and horsmen appoynted to 
 
 levy the same must have coyne and livery whearsoever they go &*=. 
 
 Item, at suche tymes as Iryshe Lordes 
 Heoppresseth the contrey witli . , . i t • •, i • ^i 
 
 . or Other his alyances do visit him, the 
 
 strangere horses. -^ 
 
 contrey must stand chardged comonly with 
 all they^ horses and boyes durynge theyr abood in his howse or in 
 the shire. 
 
 Item, on every Christmas and Easter 
 
 An ordinary dutie to charge . • i i xi 
 
 ^ ^ , the contrey is opprest with no lesse than 
 
 the contrey at tydes. •' J- ^ 
 
 5 hundrethe horses, as well of his owne as 
 strangers, which purposely resorte unto him to kepe theyr tydes. 
 And this he claymethe as an ordinary dutie ; ye and thoughe they 
 com not themselves, yet som send ther horses. Also his ser vaunts 
 plowe horses must be ceassed under colour of his owne to make up 
 a number, &'^. 
 
 Item, at suche tymes as he listethe to 
 
 He oppresseth the contrey as ^^^^^^^ himself from home by disport of 
 well in his absence from home as . , 
 
 otherw se huntyng or eny other occasion, or when 
 
 he liethe at any gentlemans howse, he 
 appoyntethe his horses and idle boyes into the contrey. Also his 
 officers, otherwyse called lyvrous,*^ take for ther unreasonable du- 
 ties at least 200 marks yerely, Si"^. 
 
 * Tester, a coin impressed with the *> Aylnaer, of Lyons, in Kildare. 
 
 king's teste, fete, or head, commonly a ■= Livercrs, perhaps Serjeants, or col- 
 
 sixpence was so called up to the j)resc'nt. lectors, -wearing the Earl's livery. 
 
 r 
 
170 The Presentments of Juries of the 
 
 Item, be retaynethe towards the kep- 
 
 He retayneth for bis boyes ^^^^ ^^-j^-g j^^^g^g 2OO liable men at least, 
 
 suche as be alyed to tbe Queenss • ,i -*7- 1 1 ^ 
 
 as boyes, borne in tniryshe pale, whose 
 
 enemies. j ' j i 
 
 progenitours have been alwayes enemies 
 unto Englyshemen, continually spoylyng and robbynge the shire. 
 So that being threatened for the same they fle into theyr contreis, 
 wheare they remayne untill they thinke ther offences be forgotten, 
 and then they returne without eyther warrant or protection ; as 
 Ulstermen, the Brenny, the Farrols, Connors, Doyns, Laghlens, 
 Dempsyes, Moores, Iverrols, Cavanaghs, and suche lyke, whose 
 offences beinge complayned to the Erie by the farmor or any other 
 whom they trespas, his answer is, take you the offenders and I give 
 you leave to execute the la we uppon them ; and thus with frivolous 
 answers the partie is without remedy, &'^. 
 
 Item, he keepethe 40 fote boyes at 
 
 The number of his messingers, • i • t i r 
 
 , »„ , ,. least, w runne in his earrands and al- 
 
 and of ther duties. ' 
 
 fayres in all Avheares, and duryng absens 
 must have daly growynge unto them 2 grots a daye ; and they with 
 the rest do gyde into the Inglyshe pale other malefactours to spoyle 
 and pilfre the countrey, &^ 
 
 Item, there be 8 score ketynge kerne^ 
 
 Kerne mayntayned by hym u 1 ^ • 
 
 uppon the contrey. ^ ^y his mayntenauuce have coyn and 
 
 livery 2 dayes and 2 nyghtes quarterly in 
 every barony in the countie Kyldare, Liine, Micbare, and My- 
 laghe, with other baronyes and lordships in the borders of the Eng- 
 lyshe pale, doyng no service for the same, but pilfre and steal, con- 
 ductyng the enemies lykewyse to suche places wheare they se is 
 best oportunitie to spoyle the subjects, (fe*^. 
 
 Item, as often as he hathe comission to 
 
 He draweth strangers to en- 
 domage the contrey. V^^J eny Iryshemen for his own private 
 
 cause, he drawethe at least 3 or 4 hun- 
 drethe strangers into the English Pale (as Moores, Connors, Cava- 
 naghs, Farrols, Doyns, Laghlens, Dempsyes, Kerrols, Tooles, 
 
 » The Earl of Kildare's "ketynge evidently, of oldtlmo, supplied the Earl's 
 kerne," commanded by William Kent- kcni-ft'(/h, or household troops. See 
 ing, were mostly of that family, which p. 175, hifra. 
 
Counties of Kildare and Carlow, S^'c. 171 
 
 Byrnes, and Kynchelaghs), wheare tliey muste have coyn and 
 livery by force of his comandment; whereby the Englishe Pale 
 sustaynethe more damage then do the place Avhear tendethe his re- 
 veno-ment, by reason of suche booties which they take from the sub- 
 jects in jornyeng too and fro, pretendyng the same to be well got- 
 ten under thErles former pretense. &". 
 
 Item, his houndes and huntesmen must 
 
 The contrey chardged with his n i i i 
 
 , , , , , have meate as otten as he dothc appoynt, 
 
 hounds and huntesmen. . 
 
 to the number of 40 or 3 score, which is 
 a more prerogative then eny Christian prince claymethe, &'^. 
 
 Item, his boyes in harvest tyme doo 
 
 His boyes do steall the subjects . . 
 
 , . , , stell by nysht the corne lyenge in the 
 
 corne by nighte. j ^ o jo 
 
 felde to sell the same, complaynt whereof 
 beinge made to tliErle, he fedethe the partie with some dilatory 
 answer and threatenyng words, so that he dares not make further 
 complaynt, be his occasion never so just, &". 
 
 Item, notwithstandyng this his grevous 
 
 Thimpostions of the countie . i • i • t i i 
 
 ,.., , ,. ^, . . extortion, which is directly agaynste the 
 
 Kildare exceedmge other shires. ' j o j 
 
 lawe, and therfor not alovvable, yet this 
 poor shire, sins his comyng to therldome, hathe bene as muche 
 charged with the governours provision, the forts and all captayns 
 and souldiours as eny other of thEnglyshe shires which beare no- 
 thing so muche impositions. So that of righte it should be re- 
 moved, and so much the more for that it situatethe betwixte the 
 forts* and thEnglyshe Pale, and for that hathe more accesse of tra- 
 vaylers, with whom it standethe not a little chardged, conslderyng 
 the want of innes or victualyng howses'' toward ther further enter- 
 taynment, &'^. 
 
 Item, it is comonly sene that suche his 
 Distresses taken for coyn and ^^ ^^ ^^^ ^^^ j^^^.^ ^^^ j-^^j.^ ^^ 
 
 livery to poor subjects great da- ■ r- 
 
 „„ runne unto the larmor or husbandnians 
 
 mages. 
 
 ploughe or carte in the feld to take a 
 horse for their distresse, insomuche as the poor subject is letted of 
 
 * The forts erected in the reign of English colonists was first effected. 
 Edward VI. in Ecix and Otfaly, when ^ Called by the Irish hiudtayha, i. e. 
 
 the plantation of these countries with food-houses, kept by Betaghs. 
 
 p2 
 
172 The Presentinen's of Jurlts of the 
 
 sowynge his sedes or tyllynge his ground, ye sometimes for the 
 space of a sennyghte or more, and wotes not whear to pursue his 
 desti'es and sumtymes never recoverethe the same, Si"". 
 
 Item, wheras under colour of our de- 
 He claymethe coya and liven- fg^g YiQ cLaymethe this exaction, yet is it 
 for defens of the shire which he . 
 
 . , suinciently knowen howe the contrey was 
 
 never so sore impoverished with spoyles 
 and robbryes as it is nowe and hathe ben sins this Earles comynge 
 to the reahne : — ye and tlioughe the poor dothe crave his assistans 
 therein he strayghtwayes directs them to the Governor, affirmynge 
 that forasmuche as he is not Governor, he oughte not to seke the 
 redresse of eny suche enormities. So that by thies his answers and 
 Avron'^'full impositions he hathe infbrced thinhabitants so to forsake 
 theyr dwellyngs that the shire is in a manner clene broughte to de- 
 solation &f^. 
 
 Other inconvenienses growynge uppon the Countie Kyldare by 
 tliErle of Kyldares impositions. 
 
 First, whearas thinhabitants of the ba- 
 
 The subjects decayed by his 
 
 ^ ,. rony ot baut were Avont at every muster 
 
 extortion. J •' 
 
 to make the number of a thousand fyght- 
 inge men^ well appayraled for the warre, Avherof should be of ar- 
 chers and gonners 5 hundrethe at least, yet nowe a man shall 
 scarse pick out a dozen good archers and gonners by reason tliimpo- 
 sitions. And nightly robbryes are so intollerable that the poor in- 
 habitants are fayne to sell and gage ther seniles, haberchens, bowes, 
 arowes, and suche other munition, sekynge with the gayne therof 
 to sustayne ther offesprings, so that nowe it is a rare thing to se a 
 pyke, fork, or eny suche weapon within any inhabitants howse. 
 Wherof this hapuethe it is sone understood. Also it is the prac- 
 tise of suche idle persons as he dothe ceasse uppon the contrey to 
 take nowe and then for theyr destresses suche warlyke munition as 
 they can find, meanynge therby to disable the shire, that they 
 myghte with lesse dread attempt the spoyle thereof &''. 
 
 " This proves the gi-cat strength of the ancient English colony. 
 
Counties of Klldare and Carlow, c^'C. 
 
 1 
 
 i o 
 
 Item, sone uppon liis entie into the pos- 
 
 Thassemble of Shane OXevle, , • ^ ^n i- t7„ij „ /o- a .1 
 
 • I session 01 his iiiarldome'' (oir Anthony 
 
 Donnoghe OConnor, Caher }iV 
 
 Arte, and others with ihErie. Scntlcger beinge then Deputie) beinge 
 at Rathangan and Kildare for the space 
 of a monethe ther come unto him Shane O'Neyle, Donnoghe 
 O'Connor, Caher JNPArte, Morghe Cavanaghe, and divers others of 
 their countreys, with whom he companyed marvaylous frendly and 
 pleasantly, and so departed. Yet is it not knowen that they, being 
 rebels a little before, came in uppon eny protection. But it is ma- 
 nifest that sone after they became ranke traytours, and have con- 
 tinually sins endamaged tliEnglyshe Pale, which to resist he never 
 coveted &". 
 
 Item, it is to be noted howe many pil- 
 Spoyies passiiige throughethe ^^.^^ ^^^ gpoyles have bene all thies yeres 
 
 Erles lordships and thenemies . , . , . ^'-i i i 
 
 , , , past comitted m the countie Kiluare and 
 
 not apprehended. ^ 
 
 thEnglyshe Pale, and the same conveyed 
 by the Moores aud Connors with thayde of the bastard Geraldins'' 
 throughe Athy and other the Earles lordships ; yet was their pas- 
 sage not interrupted by thErle his constables, nor other his officei-s : 
 cotnplaynt wherof made to thErle, he answerethe the parties Avill- 
 ing thym, in derision, to seke the remedy therof at the Lord Lieu- 
 tenants hands, affirmynge he hath nothing to do withall. 
 
 Item, about December last, he being sent 
 He bears .vith the rebels in -^ commission to parlc with the Moores, 
 
 Parliament against the Vicont of /^ t-» i i 1 • 1 
 
 ^ , . _.j , the Viscontoi Isaltynglas'^bemge then pre- 
 
 sent dyd challage one Kedaghe O'AIoores 
 sons for certayne spoyles and other injuries don by them to him and 
 his tenants. Wherefor desyriug restitution thereof, els he woulde 
 seke a further remedy, they answered openly that they were at de- 
 
 " This was in 1554. Ilis visitors 
 were his near relatives, who naturally 
 came to welcome him home on his re- 
 storation. Shane O'Neill induced him 
 to lead a hosting into the Earldom of 
 Ulster, where he claimed large posses- 
 sions, to chastise Kcd Fehm, Lord of 
 the Clandeboye O'Neills. Donough 
 O'Conor was his relative, of the Ofraly 
 
 sept. Caher Mac Arte was a chieftain 
 of the Clan Kavanagh, and created a 
 peer of parliament in the same reign. 
 
 t" The bastard Geraldines are noticed 
 by the Four Masters. 
 
 <= A curious list of the possessions of 
 this nobleman is to be found on the 
 back of a map in the State Paper 
 Office. 
 
174 The Presentments of Juries of the 
 
 fyans with the sayd Vicond and all his helpes, which the Erie 
 hearynge dyd not once reprove, to the great encouragement of the 
 sayde Kedaghes sunes and such other rebells, and to the great dis- 
 coragement of the subject. 
 
 Item, the Moores and O'Connors som- 
 
 Gentlemens tenants spoyled . , ,i , ,. ^ i ,^ i 
 
 , , ^ , , tymes to the number of a hundrethe and 
 
 and the Lrles tenants spared. •' 
 
 more do comonly take meat within the 
 shire, and are not once disturbed by the Erll nor eny of his. So 
 that they cary away peacably the spoyles of gentlemens tenants, 
 but never of the Erles owne tenants or lordships, wherin semethe 
 to be a partialitie &''. 
 
 Item, he placed in Gryffenrathe within 
 Christofer Fitz Oliver placed ^ ^^^^ ^^ Maynothc One Christofer fitz 
 
 ill Gryffeu Kathe to plaprue the .^,. i , i i n ^ • ^ 
 
 Oliver, a bastard kynnesman ot his, who 
 
 country. •' 
 
 is notably knowen to be a currupt person ; 
 Insomuche that many spoyles and booties taken out of the Englishe 
 Pale have bene found with him ; yet could he never be broghte to 
 triall for the same, his alians is suche. Also the spoyles of kyne 
 and garrans are posted by him and Gerald m*^ Shane from the countie 
 Kildare to Westmeethe and to Morghe O' Toole, who are confeder- 
 ated to worke what mischief they can, meatynge sundry tymes at 
 the sayd Gryffenrathe to confer their intents, &'^. 
 
 Item, at suche tyme as M*" Marshall'' 
 
 Gerald M= Shane and the -, •,i r^ in tii,. c<^ n . 
 
 , , . „ „ squared with Gerald M'^ Shane for retay- 
 
 Moores ayded against M"' Mar- -^ _ ^ _ "^ 
 
 g]jjji] nyng of 200 riotous persons, being of the 
 
 Moores and other rebels, M"" Marshall co- 
 ve tinge to apprehend them, the sayde Gerald came for refuge into 
 the countie Kildare (after he had committed sundry tresspasses in 
 Westmeathe worthy of deathe) and was supported in the same 
 countie Kildare untill he almost undyd the same with his robbryes. 
 Redresse wherof being soughte at the Erles bands, he posted 
 the same to the chief governour, afiirmynge that he had no 
 authoritie to correcte such offenders. Further it can be witnessed 
 that certayne of the sayd Moores affirmed they and Gerald M*^ Shane 
 would or maye even sett on fire the towne of Trym about M^ Mar- 
 
 * i. e. the Marshal of the Lord Deputy's hall and of the troops. 
 
Counties of Kildare and Carlow, S^c. 175 
 
 shall's eares ; and that theyre should be none within the reahiie of 
 Irland of stronger power then a Geraldin Avithin shortetyme ; and 
 thys is the common reporte of suche idlemen as com from theym 
 abrode the contrey, &f- 
 
 Item, he mayntaniethe in suche sorte 
 The bastard Geraidins ayded ^jj bastarde Geraldins that be his kynnes- 
 
 and danger ensueng to ther poor , 
 
 men, and borne to no enheritance (but 
 
 accusers. ' \ 
 
 supported by him to work his feats), that 
 be they accused of ever so heynous an oflfens yet will he labour so 
 that they shal not be broghte to triall, but ether the same shal be 
 prevented by a pardon out of England or else by some suche 
 fi'endiy shift, that the poor men whom they do spoyle and rob dayly, 
 dare not once accuse theym fearyng to incurre th' Erles anger or 
 displeasure. Also it is sufficiently knowen that thoughe thiese 
 bastard Geraldins be borne to no possessions, yet can eche of them 
 lyve by sheyr pilfering and shiftes as well as can eny gentleman 
 of £200 inheritans, &'^. 
 
 Item, suche as be appoynted comonly 
 
 Ketyngs and Geraldins (under ^^ ^^^^^^^ ^^^ ^^^^ ^^^^^^ ^f ^^^ ^j^j^.^ ^^^ 
 pretence of servitors) do rob the t r-. i t 
 
 Enffi she pale Ketyngs and bastard Geraldms, who are 
 
 and have bene alwayes secreat enemies 
 unto the same, which under pretens of true servitours range from 
 howse to howse, as spies ready to mischief the centre, and specially 
 suche as cannot favour thErles proceedyngs. Lykewise in tyme 
 of prayer they reprove all such as do not chiefly commend the Erie 
 in their prayers, and humbly thank him as theyr only defender, 
 althoughe the poor commons do knowe the contrary, &P. 
 
 Item, they bost througheout the con- 
 
 Geraldiues would have the , -i . .• -1 Tr< i i i. xutt' i u 
 
 , ^ trey that tis thErle and not thEna;iyshe 
 
 Erie to be Governour. •' ^ '' 
 
 power that preservethe the same from 
 
 burnyngs and other mischiefs, affirming that the subjects shall never 
 
 lyve quietly untill thErle have the governauns of the realme, &"^. 
 
 Item, they glory so muche in theire 
 
 Theyr pryde. blood, that in respect of theymselves they 
 
 sett all others at noughte, tliinkyng therby 
 
 to make the whole realme slaves unto them, as they have always 
 
 done. 
 
176 The Presentments of Juries of the 
 
 Item, wheras he is able to make the 
 
 The Erles negligens in ser- , o , .^ i i i j. 
 
 number or two thousand persons at least 
 
 vice. _ ^ 
 
 at suche tymes as he is bound to praye or 
 spoyle eny Iryshman for his owne private comraoditie, yet, when 
 the O'Conors and others, accompanyed Avith the bastard Geraldins, 
 fyred the towns of Kylheale and Owghterinny, which are not past 
 two myles distans from his manor of Maynothe, also spoyled other 
 villages and slewe the inhabitants, he did not once with his power 
 seke to rescue the same, nor yet eny other enormitie committed in 
 this shire sins his coming to thErlcdome. Which enormities are 
 esteemed by the poor more hurtful then all th' exactions and ceasses 
 borne to the queens majesty s army, or other her officers Sc(f. And 
 for confirmation as well of this as of the premises, the gentlemen, 
 farmours, and other thinhabitants of the countie Kylydare being 
 called to examination are ready to verifie the same, and chieflie the 
 poore, whose dayly exclamations are righte sorrowful to heare." 
 
 On the lltli December, 1565, Queen Elizabeth sent 
 Oliver Sutton back to lord deputy Sydney, with his " books 
 of disorders, which," her majesty observes, "too directly 
 touch the Earl of Kildare." It appears, from an enormous 
 mass of manuscripts in the State Paper Office concerning 
 the conduct of this Earl, that he was playing the game of 
 his forefathers. On one occasion he let fly Yiscount Bal- 
 tinglas, as a precursor in revolt. The high character he 
 had gained when in Spain and Italy, and his exalted posi- 
 tion in Ireland, induced Elizabeth not to proceed to extre- 
 mities with him. 
 
County of Waterford. 17 
 
 THE PRESENTMENT OF THE COMMONS OF THE COUNTY OF 
 WATERFORD TO THE ROYAL COMMISSIONERS, A. D. 1537. 
 
 The theme of the ensuing Verdict of the Commoners of 
 the County of AYaterford evidently consists in setting 
 forth the list of exactions and impositions used by Lady 
 Katherine Poer. Tlie members of the reformatory com- 
 mission, to whom these grievances were presented, had, 
 no doubt, become versed in the topic of Irish customs ; 
 but in the present day, when traces ofthese obsolete usages 
 are only to be found in rare books and scarcer manuscripts, 
 it is difficult to explain their distinct natures. I may, how- 
 ever, briefly attempt to do so, and include in the foot notes, 
 and in these introductory remarks, some additional original 
 information on the subject. 
 
 The exaction of coyne and livery, the general and most 
 pressing evil, heads this list, as it does all contemporary 
 complaints. The term itself is half Gaelic, half French, 
 the first word being a corruption of coinnmeadh, i. e. refec- 
 tion for men, and the second a corruption of livrer, i. e. to 
 deliver, or give out food, for horses, whence the modern 
 terms, " to stand at livery," and " a livery servant," whose 
 coat was supplied to him.'' This imposition, so customary in 
 Ireland,'' and which often amounted to free-quarters for as 
 
 * Chaucer alludes to the origin of mas, tenth Earl of Ormonde, to 
 
 this Avord: — " That is the connai- John Listen, whom he had commis- 
 
 sance [cognizance] of my livery, to sioned to raise a company of foot for 
 
 all my servants delivered." the Queen in the county of Kil- 
 
 •^ How customary it was, more kenny, in which he says — " in yo' 
 
 than lialf a century later, appears travell y' shalbe lawful for yo" to 
 
 by a letter, A. D. 1598, from Tho- take naatc and drynke for one 
 
178 The Presentments of Juries of the 
 
 many men and horses as the chieftain could force his people 
 to receive, was an inevitable mode of providing for soldiery 
 in an unciviUzed land, which was divided among clans that 
 were always predatory and were therefore so constantly 
 fighting, that, as stated in the verdict, this war-tax, in com- 
 parison with which an income-rate of ten per cent, is a 
 trifle, was "continual upon all the King's subjects." 
 
 The grievance of the exactions imposed by Gaelic chief- 
 tains and Anglo-Irish lords consisted in the uncertain and 
 arbitrary degree in which they were levied. Additional 
 imposts, also, were exacted by the latter class on the autho- 
 rity and precedents of the feudal system. For example, 
 John le Poer, of Dunoyle, obtained a writ from the crown 
 (dated 18 Edward XL), directing that he should have aid 
 from his knights and free servants towards making his eldest 
 son a knight.'' This levy, which had no corresponding one 
 among the Irish, was for the purpose of defraying the costs 
 of feasting, &c,, attendant on the ceremony. Another writ, 
 of the same date, commanded the sheriff of Cork to enable 
 David fitz Richard to have aid from his knights and free- 
 holders towards the marriage of his eldest daughter. This 
 impost, which was to provide a portion for the young lady, 
 was somewhat similar to the custom in Gaelic countries, by 
 virtue of which Baroness Poer, of Curraghmore, endowed 
 her daughter. Lady Devereux, with the portion mentioned 
 in this presentment. In feudal cases, however, an act of 
 parliament limited and defined the levy. 
 
 The Lords Le Poer had, by degrees, obtained an enor- 
 
 nyght, and a breakef'ast, in ecli A trace of the custom still remains 
 
 place, in competent manner, not in the billetting of marching soldiers 
 
 iisinge of extorcon or other oppres- on householders, who are bound to 
 
 sion on the countrey." — " Transac- jind beds and liglit. 
 
 tions,'' vol. iii., p. 323, first series. " Calendar, Pat. Kolls, p. 32. 
 
County of Waterford. 179 
 
 iiious power over this county. Descended from a compa- 
 nion of Strongbow, who received a vast fief here, they 
 usurped entire dominion, excepting in the Decies, an an- 
 cient barony of the house of Desmond. 
 
 Among the magnates of Ireland summoned by Edward 
 the First to attend the Scottish war, in 1302, no less than 
 seven of this great family appear on the list. The Le Poers 
 of Donhill, or Kilmaiden, appear to have been the senior 
 line, according to Sir George Carew, who was versed in 
 Irish genealogy, and who notes in their pedigree: — "Out 
 of this house all the Powers of Ireland, and the Fitz-Eus- 
 taces, Viscountes of Baltinglass, descend." — Carew MS., 635, 
 p. 145. 
 
 Sir Arnold Le Poer, Baron of Donhill, was one of the 
 four patriotic nobles of the Engiishry who made firm and 
 gallant stand against the invader, Edward Bruce. In the 
 33rd year of Edward I., the crown appointed John le Poer, 
 Baron of Donhill, to be sheriff of the county of Waterford; 
 and the reasons for the appointment are stated to be, that 
 much damage was done by divers malefactors running 
 through that county, some of whom were of the family of 
 the Poers, and others under that family, whom neither the 
 sheriff nor the people could resist; wherefore the Baron 
 of Donhill, ivho is fully able to chastise all such malefactors 
 of his family and their accomplices, is made sheriff there.'' 
 
 The stor}^ of the feud between the first Earl of Desmond 
 and Sir Arnold le Poer is told by all our annalists. The 
 knight had mortally insulted the great chief of the western 
 Geraldines by calling him " a rhymer" in some public as- 
 sembly. Although the later earls of the house of Des- 
 mond were remarkable for their acquirements, and their 
 
 ' Lyncli's " Feudal Dignities/' p. 236. 
 
180 The Presentments of Juries of the 
 
 patronage of learning, during very ignorant ages and 
 in an unlettered country (for instances, the fourth earl 
 was styled "the poet," and the eighth, beside being able 
 to write his name, founded two colleges), yet the sou- 
 briquet of " rhymer," so publicly given to the first Earl, 
 enraged him, being the term the Englishry were accus- 
 tomed to apply contemptuously to a Gaelic fhiledh or 
 bard. This story is borne out by printed records. Writs 
 were issued on the 28th June, 1325, to Le Poer and 
 Maurice Fitz Thomas (Desmond), commanding them to 
 desist from congregating men-at-arms for the purpose of 
 attacking each other. In the following year Fitz Thomas, 
 and John, Baron of Donhill, received permission to treat 
 with the felons of their separate families, surnames, and 
 foUowings ; and the sheriffs of the neighbouring counties 
 were ordered not to arrest the said felons. All these royal 
 writs were, however, of no avail; for soon afterwards the 
 defamed lord assembling his forces, plundered and burned 
 the countries belonging to Le Poer in Ossory, Kells, and 
 Offa, so that the old baron and his son Sir Arnold were 
 forced to take refuge in the city of Waterford — and when 
 the latter sailed to England, in order to complain to the 
 
 king his enemies took advantage of his absence by laying 
 
 waste " every thing belonging to him.'"* The quarrel pro- 
 bably originated in a more serious cause than the bestowal 
 of a nickname, viz., in depredations committed by nume- 
 rous and predatory " Poerines" in Lord Desmond's ba- 
 rony of Decies. In the following year, 1328, a still more 
 formidable enemy arose to Sir Arnold in the person of the 
 Bishop of Ossory, who brought a charge of heresy against 
 him, and he was committed to Dublin Castle, where he died 
 
 * Grace's Annals. 
 
County of Waterford. 181 
 
 a prisoner. His son, Sir Eustace, became a firm adherent 
 to the very Earl of Desmond who had been so hostile to 
 his family; and when that nobleman's remote territory in 
 Kerry was entered and attacked by the Lord Justice, Sir 
 Eustace had the hardihood to defend the strong fortress of 
 Castle-Island. But the castle was taken, and its defender 
 ignominiously hanged. An idea of the extent of the posses- 
 sions of this head of the Le Poers may be formed by enume- 
 ratino; the lands forfeited on this treasonable occasion : — 
 viz., the vast Waterford estate ; the manors of Dunbryn and 
 Grenagh, in Kilkenny, held of the Earls of Ormond f the 
 barony of Kells, in Ossory (afterwards granted to Lord Bir- 
 mingham) ; the manor of Ardee, in Louth, held in right of 
 his wife, a coheiress of Birmingham, Earl of Louth ; and the 
 manor of Kihiiehide, near Athy.*" Donhill and the Louth 
 estate were afterwards restored." 
 
 ThePowers ofCurraghmore appear to have branched from 
 the main line of Donhill in the person of Nicholas Le Poer, 
 who was, towards the close of the 14th centurv, summoned 
 as a baron to several parliaments. 
 
 Sir Richard Le Poer was created baron of " Coragh- 
 more" by Henry VI., in 1452. The following notice of this 
 great Anglo-Irish chieftain curiously illustrates the theme 
 of the presentments for this county and city. The record 
 is from an unpublished Act of Parliament of 1476.'^ 
 
 " Whereas, Richard Power is sheriff of the county of Water- 
 ford, and has been so for more than twenty years past, and he out 
 of his insatiate malice, as an enemy to God, and a rebel to the king, 
 has by himself and people and other rebels made assault on the 
 
 ^ Patent Roll of Chancery, p. 91. '' " Tracts Relating to Ireland," 
 
 •^ Idem, p. So. Vol. II., Statute of Kilkenny, p. 18, 
 
 " Idem, p. 73. published by the Irish Arch. Society. 
 
182 2'he Presentments of Juries of the 
 
 mayor, bailiffs, and commons of Waterford, both by sea and land, 
 murdering and slaying divers of the citizens, and spoiling and rob- 
 bing them of their goods, and has put many of them to fine and ran- 
 som, and not only the citizens, but also foreigners resorting to 
 the city for trade, as English, French, Spaniards, Portugals, Bri- 
 tains, and Flemings, to the utter destruction of the said city ; and 
 as in all the countries round about said city there live no lords, gen- 
 tlemen, nor commons, arrayed in English habit, nor submitting to 
 the king's obedience, nor governed by his laws, but only the wicked 
 and damnable law called Brehon law, contrary to divers statutes 
 made against Brehon laAV ; and as about the said city there is no 
 rule orgoverment, but murder and spoiling, robbery, and an univer- 
 sal rebellion ; therefore it is enacted, that the mayor and common 
 council of Waterford, for the time being, shall from henceforth 
 have the full election of a sheriff of the county of Waterford for 
 ever, annually, and that said Richard PoAver shall, from this time, 
 be entirely divested of the said office." 
 
 Sir Piers, his successor, acted during his life-time as 
 sheriff of Waterfordshire, and assumed authority over the 
 entire county as if it were his own ; an assumption pro- 
 moted by his marrying one of the Ladies Fitzgerald, of De- 
 cies ; and, secondly, a daughter of a still more potent house, 
 that of Kildare. His heir. Sir Richard, was, in 1535, cre- 
 ated Baron of Coraghmore. This nobleman was husband 
 of the lady who figures so conspicuously in these present- 
 ments. Lady Katherine Butler, daughter of Piers, Earl of 
 Ossory, and his Countess, Lady Margaret Fitzgerald. Lord 
 Power had died shortly before the date of these representa- 
 tions"; but his widow governed her son's country with as 
 much vigour as her mother, when also a widow, had ruled 
 the Ormond territory. It seems, however, that the Baro- 
 ness was much supported by the wide-spread authority of 
 the Countess, whose soubriquet^ as given in the present- 
 ment, viz., " Magheen," or Little Margaret, is an amusing 
 
County of Waterford. 183 
 
 instance of the Irish practice of giving nicknames, which 
 were usually antiphrastic ; for it cannot but be imagined 
 that this Countess was as great in body as in mind. Ac- 
 cording to the peerage-book, Sir Richard was slain in 
 service against Irish rebels in 1539 or 1541; but the date is 
 an evident mistake, for he had lately " disseassed" when 
 the county of Waterford drew up their " verdict," and v/hen 
 his masculine widow, " Dame Katherine," ruled the county 
 in the name of their son and heir, " pretending the King's 
 county was his by succession of inheritance." Sir Richard 
 was slain by " the traitor," Connogher O'CaUaghan, before 
 the year 1538.=* 
 
 Such was the extravagant dominion exercised by the 
 house of Curraghmore, as evidenced in these verdicts, and 
 many years elapsed before the authority of the crown was 
 recognized. In 1543, indeed, a subsidy of £30 yearly was 
 agreed to be paid to the royal revenue out of the " Poorine 
 county;'"' but, in June, 1548, the freeholders of the county 
 addressed a complaint to the Lord Deputy, that Lord Power 
 had, without right, cessed and distrained upon them six 
 shillings upon every ploughland, reserving all lands that 
 hitherto have been free.'' 
 
 * Published State Papers, vol. ii. seum, 4790, p. 99. 
 " Additional MSS., British Mu- " State Paper Office. 
 
184 
 
 The Presentments of Juries of the 
 
 THE VERDYCT OF THE COMMYNERS OF THE COUNTYE OF 
 WATERFORD. 
 
 PETRUS DOBBYN. 
 
 9ei 
 
 NICHLAS DEVEUX." 
 JACOBUS MADAN. 
 T. SHYRLOK.*^ 
 PETRUS AYLEVVARD/ 
 MAUBICIUS WYSE. 
 RICHUS BROWNE. 
 
 ^ JUR. 
 
 willius browne. 
 wiiTlius mack SHANDOLE. 
 david browne. 
 
 JACOBUS GOUGHE. 
 
 WILLIUS FITZ ROBERT POYER. 
 
 WILXiUS FITZ NYCHOLAS POYER. 
 
 f> JUR. 
 
 De Comit' Wa?ford. 
 
 We fynde that the Countie of Waterforde belongeth onely to 
 oure So9aigne Lorde the King, and that all the barony es and free- 
 holdes of the same immediatly be holden of his goode Grace and of 
 none other, ne of no Poer, Butler, nether Geraldyn, nether beryth 
 to none of them no sute nor service. 
 
 We fynde also that Sir Pyers Poer and his father, Ry chard 
 Poer, the later, were, and eVy of them, was the Kings Sheryf of the 
 foresaide Countye of Watford, and e9y of them ruled y"^ same by 
 thauctorite of ther office; and after, by contynuance of tyme they 
 usurped on the Kings auctorite, and toke them to be as Lordes of 
 the saide countye, untyll Maghyn^ and they ruleid the hole coun- 
 tye at ther pleasures by extort power oppressing the king's sub- 
 jects. 
 
 * Mayor of Waterford in 1541. 
 
 •> Mayor of Waterford in 1548. 
 
 <= Mayor of Waterford in 1549. 
 
 '' Sir Piers Aylward was knight of 
 the shire in the second year of the fol- 
 lowing reign. The estate of Faithlegg 
 was granted in the year 1172, by Henry 
 II. to " Aylwardo Juveni,'" as " King's 
 merchant," an office then well known ; 
 and the property remained with the 
 
 Aylwards until the year 1691 [Lynch's 
 Feudal Dignities]. Ailward (El-ward, 
 a Saxon name) may have been one of 
 the Ostmen merchants of Waterford. 
 
 •^ i. e. Mageen^ or Little Margaret, the 
 nickname, per antiphrusin, of the Coun- 
 tess of Ormonde (nee Margaret Fitzge- 
 rald). She still lives in the traditions of 
 the Kilkenny peasantry as TTldipgiat) 
 nm 56cip6it). 
 
County of Waterford. 
 
 18, 
 
 And Dame Katheryn Butler'' day lye useith lyke extorcon, im- 
 posycons, and unlawfull exaccons, as useld the foresaide Poers by 
 the"" tyme : and nowe, in the name of yoimge Pycrs Poer, sonne 
 unto the late deceassed S'' llychard Poer and Katheryn Butler, 
 pretendeing as lorde and inherytor of the Khigs countyc by suc- 
 cession of inherytannce. 
 
 Exaccons and Imposicons useid by the foresayde Poers, and 
 nowe by the Lady Katheryn Poer, alias Butler. 
 
 Fyrste, coyne and lyvye, bothe horsse and man, contynually 
 upon all the Kings subiects. 
 
 Itm, the kernthye^ in lyke raaner to the nomt)re of xvii. and 
 sometyme more, and the countye not the better. 
 
 Itm, iiii°^ kepers of ther stedes*^, dryveing o9 e?y mannes grounde, 
 and wylle have meate and drynke for themselffes of the kings sub- 
 iects. 
 
 Itm, xiiii. psons kepeing ther hounds, besydes the"" owne meate 
 wylle have bredde and mylke for ev'y hounde. 
 
 Itm, to all maS of buyldeings"^ to have a man or a caplle oute of 
 evy vyllage, to the charges of the village. 
 
 » Lady Catherine Power, daughter 
 of Piers, Earl of Ormond, and his wife 
 " Mageen," and widow of Sir Richard, 
 Lord Power, of Curraghmore. 
 
 ^ Kernthye ; herne-tighe, i. e. the 
 kerne of the house, or household troop 
 of the chieftain, which formed his re- 
 gular force, and performed functions 
 somewhat resembling those of the po- 
 lice of the present day, viz., assisting 
 the lord's Serjeants or bailiffs in collect- 
 ing rent and all exactions, apprehend- 
 ing criminals, and guarding the chief 
 and his house. The complaint in the 
 text, that the county was " not the 
 better" for Lady Power's kerne, is ex- 
 plained in subsequent passages, show- 
 ing that some of the band, and indeed 
 
 its very captain, occasionally turned 
 highwaymen. 
 
 <: Stedes, studs, standings, or esta- 
 blishments of horses. Great exertions 
 were made in Ireland in the beginning 
 of the sixteenth century to increase the 
 breeding of horses, which were much 
 valued in England, as shown by " the 
 Rental Book of the Earls of Kildare," 
 now pubHshing by this Society. 
 
 '' Buildings The technical name for 
 
 this exaction was 3Iusterown. As the 
 residence of the king of a clan apper- 
 tained to his office, all its buildings and 
 I'epairs were made at the common 
 charge. It was obviously of impor- 
 tance to the inhabitants of a district 
 defended by a castle, that the building 
 
 Q 
 
186 The Presentments of Juries of the 
 
 Itm, all masons, carpintors, and taylors haveing any worke to 
 doo with the lorde at the countrey, is founde on hollydayes at coyne 
 and ly%e. 
 
 Itm, the lorde at Cristemas and Ester to have meate for as 
 manye as him lyste to bring, and incase he be refuceid at Xpmas 
 he wylle have of the tenant lx% and at Ester xx% wyth greate 
 favo"^ "wylle the said monye receyve. 
 
 Itm, if the lorde Deputye, or any greater man be conveevyed 
 by the saide Katherin, but she wylle comaunde a subsydye to be 
 levyed apon the countrey for meate, drynke, and candel llyght, to 
 the lords pleaso''. 
 
 Itm, if the lorde orladye marye the^" doughtors, e9y husbond'^ in 
 the countrey that have shepe shalle paye one, and a cowe of e^y 
 vyllage. 
 
 Itm, if the Lorde or Lady send ther sonne into Inglande, a sub- 
 sydye to be levied apon evy acre, or vi^ and viii'^ apon evy village 
 or ploughelande in the countrey. 
 
 Itm, ther is with the lorde or lady callid Foye, that is to saye 
 xx*\ or xxiiii". psons to take meate and drynke, wyth horsse- 
 mete. 
 
 Itm, they take vp and levye some otys for the** horsseis, viz. a 
 t>3 di. of evy ploughe''. 
 
 Itm, yf a gentyllman haveing iiii"'^'. c^ks rent, the imposicons to 
 be douMe to the lorde or lady, and oftentymes treble. 
 
 Itm, the kings lawes be not useid, but the Yryshe Lawes; soo 
 that if a quarell be pyked to a trewe man, and yf the p'tye defen- 
 daunt be quyte, he shalle paye the hole fee of sentence, to be de- 
 vided betwyxt the lorde and the Judge. 
 
 Itm, ther is Kane godde*^, whiche is that the lorde or lady takyth 
 of the pore theffe v. nlks, and of the riche thyfe muche more ; and if 
 
 should be sustained ; but the grievance t" i. e. a bushel and a half, 
 
 was, that the mustrons were employed ' " Kane godde." — Cain godde seems 
 
 not only In building castles, but also halls, to have expressed the ransom rendered 
 
 kitchens, barns, and stables, as is stated by the kindi-ed of a thief to redeem 
 
 in David Sutton's representation as to him from being hung. A " guddihang" 
 
 the exactions of the Earl of Kildai'e. was the Anglo-Irish term for a man fit 
 
 » Husbond, i. e., husbandman. for nothing but the gallows. 
 
County of Waterford. 187 
 
 he have noothing, he shall be hangeyd ; his frinds shalbe warneid 
 to redeme hym by a cei'ten day or elles to be hangeyd. 
 
 Itm, yf a mannes s'vannte take from his M^" ii. or iii. shevys of 
 otys, or other lyke thing, the Lorde wylle have of his M^ v. nlks, 
 and the malefacto"^ not excepted for his trespacc but in xx% and the 
 M"" for the rest. 
 
 Itm, yf a man haveing a leasse for ?me of yeres of the freholder, 
 and if the yeres be expyred, an other shalle not have xl more in a 
 newe farme, upon payne of forfeteing v. Sks to the lord.'^ 
 
 Itm, yf the lords horsse be kept fasteing one night, the tenant 
 shalle forfeyt w'oute any grace ; and yf it be any horseman of her 
 companye**, he shalle forfet di t)5 of otys. 
 
 Itm, in cesseing vytaylles or wages for the Kings osteings*^ 
 noo restitucbn is made of any relyf, and a certen nombre of horse- 
 men and foteman shalbe appointeid comenly, the half of them shalle 
 goo forthe ; the resydue of vytaylles and wages remayneing to the 
 lords advantage, yf they passe oute of the countrey if it were but 
 a myle. 
 
 Itm, all marl felonye, robery, and extorcon, comytteid by any 
 pson or psons w'yn the said countye of Wa?ford shalle make his 
 fyne for certayn money w* the lorde or lady, and so shalle goo 
 quytte unpunysheid from the due form of lawe. 
 
 Itm, my lorde Butler'^ came into this countie by the suiFer- 
 annce of my lady Katheryn and eyde of certen psons, viz, Whelans, 
 and toke awaye forcybly certayne kyen and catall from the kings 
 subiects, and frome them that was doing the kings s'uice, as Poer 
 of Kylmedan ; as Mr. Seintlowe* and Mr. Wyse*" maye testyfie far- 
 ther at lengyth. 
 
 » It was evidently, by this penalty, « The hostings or military arrays and 
 
 the design of the chief lord to prevent expeditions -which the EngUsluy were 
 
 the subletting of holdings without his bound to attend by feudal tenure, 
 permission. An interesting proof is '' James, Lord Butler, Lady Cathe- 
 
 affordcd that leases were still in use rine's brother, son and heir of Piers, 
 
 among the Anglo-Ksh, although not yet eighth Earl of Ormond, and afterwards 
 
 adopted by the L-ish. ninth Earl. 
 
 b That is, if any horse of the Lady « AVilliam St. Loo. 
 
 Power's was so kept fasting. ' Sir William Wyse, of A^'atcrford. 
 
 q2 
 
188 The Presentments of Juries of tlie 
 
 Itm, nowe this p''sent tyme, the forsayde Lady Katheryn, en- 
 tendeing to goo to Dublyn, cesseyth the countrey for her going 
 thyther, and for tlie convivcing gyven by her to her fader, to the 
 some of xxi. mks, and this to be levied of the kings subiects. 
 
 Itm, it is enacteid by the said Lady Katheryn that no beoife, ne 
 mutton, hogge, ne butter, hony, ne whete, nor malte, shalle come 
 to the cytye, but suche as the countrey shalle refuce ; the p"misseis to 
 bebydde to salys at Churche, vpon payne of vi® viii'', and forfeture 
 of the goods. ^ 
 
 Itm, Nicholas De9ex of Ballymagir'' horseis and horsegromes 
 and other horseis Avas ly^ied in the countye the last nyght past, by 
 the assygnation of Katherin Butler. 
 
 Itm, the foresaide Nicholas Devex receveith in wards marlage 
 a shepe of e9y croo or shepehouse, and a cowe of e9y village, other 
 the value of yt in money. 
 
 Itm, yf any pson or psons swere by the lords or ladyes hande" 
 as an othe, and pven to the contrarye of his othe, he forfeyteith to 
 the lorde or lady c% and any pson forswereing any solemne othe 
 shalle clerely goo unpunysheid. 
 
 Itfii, the saide Lady Katherin did levye and toke up of the 
 subiects xviii-'^'' shepe*^ for her hande maydens. 
 
 => This right of preemption on the part schoolfellow of Lord Burghley's; and 
 
 of the lord was enforced by cain-eacht^ he had hvery of his estate, 21st May, 
 
 i. e. penalty for sale. See Introduc- 1540. He was knighted for distin- 
 
 tion to Kildare Presentment. guished services in protecting his na- 
 
 ''" Nicholas Devereux, ofBallyma- tive county, and died in 1576. The 
 
 gb," seems to have been a ward of the marriage portion his wife received was 
 
 late Lord Power, according to the customary among the GaeHc clans, 
 
 statement that he received his curious Other instances of the same exaction 
 
 portion " in Avard-marriage" with this are mentioned in the presentments for 
 
 nobleman's daughter. This dowiy is the county of Cork. Feudal lords had 
 
 also mentioned in the city present- a similar privilege, limited, however, })y 
 
 ments. The young bridegroom was re- law. 
 
 presentative of one of the most consi- *= For a clansman to swear by his 
 derable Norman-Irish families in the chiefs hand was the strongest oath he 
 Co. Wexford, as grandson and heir of could take. Spenser notices this cus- 
 John Devereux, who is mentioned in that tom, and considers it of Scythic origin, 
 county's verdict. He was originally a Nicholas Walsh, writing from Water- 
 ward of the Lord of Wexford, the ford in 1573, states that " forswearing 
 Earl of Shrewsbury, who put him to of lord's hands is almost given over." 
 school in England, where he was a '' i. e. Eighteen score sheep. 
 
Coun ty of Water/ord. 189 
 
 Sone after, by the ^curem' of Dame Katberyn Butler, certayn 
 psons of the countye of Kylkenny and of this countye of Watford 
 inwadeid and preyed one Richard Lnnde, and forcebly toke awaye 
 from him certen kye, to the nombre of c., and feryed the same at 
 Porto-lashe by Wa?forde into the countie of Kylkenny, and pte 
 thoroughe this countrey to Katherins Castell, and ther sett to herre 
 use ; moreov none dare be so hardye to wytt her, or any of hers of 
 the foresaide prey : the p^'misseis by Walsheis, alias Brenaghe, in 
 the countye of Kylkenny.^ 
 
 Itm, where as the Lady Katheryn owyth displeaso^' unto any 
 in the countre, she entyseyth and drawyth certen psons oute of other 
 countres as Smashaghe,'' viz. Tobins,'' to spoyle and robbe all thoo 
 that she owyth any dyspleaso"" unto. 
 
 Itm, murder and manslaughter comytteid by Richard Fytzdavye 
 Poer, Walter Mac Shanrowe, Thomas Evall, JMoryshe M= Shan- 
 row, Patryck M*-' Shanrowe, the whiche psons was then and is nowe 
 Katheryn Butlers s'"u''nts, and the saide psons kylle and m^dre 
 Walter Fytzwittm Poer, Edmund Fytziohn Poer, Edmound Fitz- 
 Walter Poer. 
 
 Itm, no Courts no"^ Cessyons be not duely kept after the ibrm 
 of the Kings lawe in all the countrey, but by the Iryshe judges and 
 maner. 
 
 Itm, the hyghe waye is kept by certeyn psons, viz. Robert More 
 Fytz Thome's Poer, and his brother Nycholas, and toke Patryk 
 Brenne and his syster Ellyn, and spoyled them to the value 
 of XV®. 
 
 Itm, also Donyll O'Bryen,'' of Geralde M'^Shannes countrey, and 
 the servants of Katheryn Butler alias Poer, being in ther com- 
 
 * These Walshes, of the Walsh moun- nation of retainers used for coercion, 
 
 tains, in the county of Kilkenny, were ^ The Tobins, recte St. Aub}Tis, were 
 
 of British or Cimric extraction, as a degenerate Anglo-Irish family of 
 
 their alias, Brethnaghs, implies ; and Lower Ormond and Kilkenny. 
 
 pure Welch names were common <i O'Brien, of Cummeragh, descended 
 
 amongst them down to the times of from Turlough O'Brien Maol, King of 
 
 the Edwards. They were special fol- Thomond, deposed A. d. 1370, for sid- 
 
 lowers of the house of Ormonde, and ing with the English, Turlough's chil- 
 
 hence were employed by Lady Power. drcn received from James, Earl of Des- 
 
 " " Smashaghe," apparently a desig- mond, in 1413, the lands of Cummeragh, 
 
190 The Presentments of Juries of the 
 
 panye, viz. Nicholas Fytz Thomas Folan,^ captayn of her karntye, 
 kept the highe waye, and toke onest psons of Wa'^ford as p'^soners 
 at Boghill. 
 
 Itm, Wiftm M° Hee, one of the foresalde kernthye, and his com- 
 pany, kept the highe waye betwyxt Wa?ford and Passage,'' and toke 
 certen psons of Wafford as p^sons. 
 
 Itm, David Browne, gent, kept the highe waye, and toke Richard 
 Browne of Watford as p^'soner, and gyveid'^ hym iii. dayes. 
 
 Itm, Teyge O'Kenedy and Thomas Kenedy, and IMoroghe 
 Keregan, and Richard M*^ Teige ne Karege, and Wal? Frene and 
 Wiltm Grace, harpengers^ to the foresaide Katheren, do mysuse the 
 in cessem'^% and take muche more then ther duties, and useid blak- 
 bedds.^ 
 
 Itm, Katheryn Butler denyed and dysobeyed the Kings aucto- 
 rite, forbyddeing Jamys Wyse to execute the office of sencyallship, 
 in whiche office the said Jamys was auctorysed by the Kings De- 
 putye, whiche auctorite he declarid to herre and to herre audyence. 
 
 Itni, Thomas Poer*" useid coyne and lyverye and all expenseis on 
 the countye, and nyght meats at Xpmas and Ester, and also iiii""^ 
 tymes by the yere, as li'^^ pson after the lorde or lady, useid all 
 other cha^'ges. 
 
 ■which had been granted him by Iving consisted in billeting the Lord Deputy's 
 
 Henry V. — Lodge's Peerage (edit. Arch- guard or retinue, and who were used to 
 
 dall), vol. ii. p. 21. stamp their billets with a seal bearing 
 
 => Felan, or O'Faelain, was lord of the sign of a horse's head, and hence, 
 
 the Deisi (Decies) at the time of the perhaps, "the nag's head" became a 
 
 invasion. The families of Phelan or common sign of hostelrles. 
 
 Whelan are descendants of this sept. « Black-beds may have been a charge 
 
 ^ i. e. the passage or ferry across the for the entertainment of men who had 
 
 river at Ballyhack. not been entertained, just as " black- 
 
 " That is to say, put him In gyves, men," In a military roll, were dead or 
 
 or fetters. absent men. The term " bed" is here 
 
 ^ Harbenger is a term derived from used in some sense analogous to Its use 
 
 the German Herberger, i. e. one who in the term " a horseman's bed," an- 
 
 looks out for a harbour or lodging for ciently designating a townland charged 
 
 another ; and thus came applicable to with maintaining a horseman. 
 
 a forerunner, and by consequence an *" Probably Thomas Power, eldest son 
 
 announcer of something coming. Chief of Edmond, a natural son of the second 
 
 Baron Finglas speaks, in his Breviate, Lord Le Poer. His brother, Nicholas, 
 
 of the king's harbingers, whose duty married a daughter of "Kedmond of 
 
County of Waterford. 
 
 191 
 
 Itm, Thomas Poer toke in the Kings Avaye an Englysheraan, 
 one Thomas Beck* of Ches?, as p''soner, and put him to fyne for his 
 ramson. 
 
 Itin, Nicfcas Poer of Kyllmedan^ do use coyne and lyvye, srahe, 
 and bonneh, in his owne lands, of his tennants, the Kings subiects, 
 and also nyght-meats, and fyne for the\ds that robbe and stele of 
 his tenants. 
 
 Tower Hook." Another natural son 
 (Nicholas) of the same lord married a 
 " da. of Thomas Tobin of the Cumshie, 
 (she ma. secondly, Murroiigh ballagh 
 M'Shee, and thu'dly, William, Knight 
 of Kerry), and had several sons [Pe- 
 digree compiled by the Earl of Totuess.] 
 
 * Edward Beck, of Manchester, had 
 a grant of free trade in L-eland, 5 & 6 
 Henry VIII. In 1535, he wi-ites to 
 the King's secretary a letter of Ii-ish 
 news. 
 
 '' Nicholas Power, hereditary Baron 
 of Dunhill, who is styled of Kilmeda}-n 
 in the Presentment, married Shela, 
 daughter of Sir John Fitzgerald of the 
 Decies, sister of the celebrated long- 
 lived Countess of Desmond, and had 
 issue : — 
 
 I. Robert. 
 
 II. Pierce, " of Caninge-Philipp" 
 
 (Carew MS., 635), who married 
 
 a daughter of Isham of the Co. 
 
 Wexford, and had : — 
 
 John, m. a da. of John Koc, of 
 
 Hacketstown in the Decies; 
 
 2. William, m. the heiress of 
 
 Fitz-Edmond, of Kilbolane,in 
 
 Cork; 3. Pierce; 4. Thomas; 
 
 5. Katherine, m. Sheran [?] in 
 
 Roche's country; 6. Ellen, m. 
 
 to Hackett, at Howth. 
 
 III. Giles. 
 
 IV. Honora, m. to Gerald fitz James 
 Fitz-Gerald, of Ballyoyestie, in 
 the Decies. 
 
 Robert Power of Dunhill mai'ried one 
 of the daughters of the Baron of Burnt- 
 church, and left issue : — 
 
 Nicholas; 2. Richard, m. a da. 
 of Redmond M'^Odo; 3. Row- 
 land ; 4. John, and others. 
 
 Nicholas Power was of " Donneyle," 
 and "lyvinge" in 1600, according to 
 Carew, and had one son, Walter, by 
 his wife, a daughter of Thomas Purcell, 
 Bai'on of Loughmoy. 
 
 The following are a few of the names 
 of men who received state pardons in 
 the year 1318, for certain transgres- 
 sions, at the instances of John fitz 
 Piers, Baron of Dunhill, and his son 
 Sir Arnold : — Geoffrey le Poer, of 
 Bally durne, Mam'ice, John and David, 
 his sons; Jordan, Rowland, Silvester, 
 Tancard, John, Gregory, Patrick, 
 Emoun fitz Edmond, Edmond, John, 
 Roger, Andrew, Robert, Maurice, Wal- 
 ter, Henry, Piers, and Durand, all bear- 
 ing the name of Poer ; WiUiam O'Cal- 
 lych, Neel O'Donnyll, Richard Oboille, 
 John O'Dinevan, Donald M'Cuy', 
 Gregory O'Donwelytb, Cormok O'Mal- 
 morthe, Walter O'Kety, Adam le Wa- 
 leys, Thomas Ocuyn, Philip Omalcas- 
 sill, Ragunyld O'Conyl, Henry le Bo- 
 tiller, Roger Brithwolde, Dionysias 
 Obokil, Malmury O'Douenyld, Sutbry 
 M'Quir, John Ocelly ; Thomas Grif- 
 fin, Philip and John Christofre ; Ni- 
 cholas and James de Courcy, Rey- 
 mond de Caunteton, Gilbert O'Brasill, 
 
192 The Presentments of Juries of the 
 
 Itni, Geralde M'' Shan^ do use all maS of charges, Iryshe lawes, 
 and all ma8 of imposicons on the Kiugs subiects under his power 
 in this countye of Wa?ford. 
 
 Itm, my Lorde of Ossery^ useith the same in this countrey, and 
 also letts the resort of peoplle comeing to the nikct of this cvtye 
 w' fleshe, vaytayles, and nlchanndyseis. 
 
 Itm, he letteith the Scolers,*^ and others comeing hyther wyth 
 lynnyn clothe, and takyth them to fyne, and taskeld them by the 
 Barron of Berron s'^horith,'^ his fermar. 
 
 Itm, tharchebysshop of Casshell^ w* a companye, and specially 
 Philyp Hennebre, toke abootye of Clonmell men and goods wythin 
 this ryver. 
 
 Itm, the saide Philip Hennebre, my Lord of Ossory s'leannte, 
 toke, and dayly takelth tymbre woode sett on the banks of the 
 ryver by the Kings subiects to be broughte to the cytle. 
 
 Itm, Thomas Butler of Kaher do use all maS extort imposicons, 
 exaccons, and charges on the Kings subjects in the countrey of 
 Tyberrarye, w* Iryshe judges. 
 
 Itm, the fooresaide imposicons be useid dayly in Fytz Pyers 
 countrey, w*^ Irlshe judges, by the Lorde of Ossery. 
 
 Itm, we fynde that my lorde Archebysshop of Casshell, my lorde 
 Bysshop of "VYa^forde, the Bysshop of Ossery, ther comyssarls, offi- 
 clalls, deanes, levien and taken of the Kings subiects pfe of tes- 
 tam% contrarye to the Kings ordre taken upon the same, and prey- 
 seyth the testator goods to the value of the tresshors. 
 
 Also if any pore man other riche of the countrey^dye, the Bys- 
 shop wllle take [a blank'] pte of his goods, and the curate willetake v^of 
 porcon cannon, and his best arreye, w*^ his armys, sworde, and knyfe ; 
 and yf the wyf dye, they take the same the husbonde being aly ve. 
 
 « 
 
 Edmond, Reymond, and Richard de "■ Scalers : wandering scbolars were 
 
 Nangle, William Stalith, Roger M'Gil- known to the last generation under the 
 
 lemurry, John and Adam O'Culan, and name of "poor scholars"; but here 
 
 John and Nicholas Odolith Rot. Pat. the connexion must be with trade. 
 
 2 Edward II., p. 24. "* i. e. Fitz Gerald crZzas Barron, Baron 
 
 » Gerald Fitz-Gerald, Lord of the of Burnchurch, in county of Ivilkenny. 
 
 Decies, son of Sir John Fitzgerald. ' Edmund, natural son to Piers, Earl 
 
 ^ Piers, 1st Earl of Ossory and 8th of Ormond and Ossoiy, then filled the 
 
 Earl of Ormond. see of C'ashel. 
 
County of Waterford. 193 
 
 Also they taske the fee of judgm^^ of matrymonye causeis after 
 the substannce of the pson, contrarye and above the"^ owne statutes 
 ^vynciall, to the greate hupovysheing of the Kings sublects, and 
 takeith ii^ for the alloAvaunce of the fyrst record, and xii ' for evy 
 other recorde examyned to mayntayne the rightful! cause. 
 
 Also the curates take for the mynystring of the Sacraments, as 
 Baptysm, Puryficacon, and Weddeings, sertayn dueties by compul- 
 sion, as well meate and drynke and money, for them and for thers. 
 
 Itm, as often tymes as my Lady Katheryn goo, or is goyng, in to 
 Dublyn she cesseith the countrey w' soore charges of money f and 
 at herre last being at Dublyn she borowid of the Deane of Wa?ford, 
 for whiche money the pore men or subiects Avere compellid by her 
 officer, Teyge O'Kennedy, to pay the foresaide Dean in whete at ii^ 
 Yryshe the h^., where as yt was Avorthe iiii* Iryshe. 
 
 The p^'misseis consyderid, it maye please yo'' M'^shippes to chose 
 and apoynte a sufficient pson, bothe of auctorite and strengyth, to 
 be Shyrif of the countye of Watford; and also a Sencyall and other 
 ofFycers necessary to rule and governe the same. And to execute 
 justice, and to mynistre the same indyfferently to e9y pson, accor- 
 deing to the ordre that shalbe taken, orderid, and stabyllysheid by 
 yo'' wysedoms for the reformacon of the saide countye, and thes 
 officers to be Englyshemen, and none of the by"'the of this lande. 
 And to o"" estymacon M"" Seyntloo is moste meteist and able, 
 wyth the King's supportacon and ayde, to be Shyrif. And we the 
 freholders of the saide countye wille gladly here all suche charges 
 as shalbe thought necessarye by yo"" wysedoms, and by theadvyse 
 of M*" Seintlowe and M' Wyse and others the freholders of the 
 countye, as shalbe thought moste meteist for the assesseing of the 
 foresaid charges for the defence and mayntenance of the saide 
 countye and officers of the same. 
 
 ' This exaction, which defrayed the levied on the plea that he went thither 
 expenses incurred by the chief of a clan on the public business of the commu- 
 in going to the seat of government, was nity. ■ 
 
194 The Presentments of Juries of the 
 
 The PRESENTIklENT OF THE CiTY OF WaTEEFORD TO THE 
 
 Royal Commissioners, A. D. 1537. 
 
 More than ordinary attachment to English privileges 
 was felt by the citizens of Waterford, who boasted a spe- 
 cially loyal attachment to the Crown. The " Urbs intacta" 
 was founded by a Danish viking, and has a Scandinavian 
 name ; and its inhabitants partook in the desire, felt by all 
 commercial communities, for preservation of the purity of 
 law, and for maintenance of peace. The descendants of 
 the Norse sea-rovers, by whom the old town was built, 
 and whose small circular towers were standing,^ in testi- 
 mony of the rude, insecure life of the first settlers, had 
 mostly been displaced by the posterity of the merchant race 
 established by Henry the Second. For four centuries this 
 port had ceased to be a resort and perhaps even a nest of 
 pirates ; but its shipping was sometimes the prey of sea-rob- 
 bers, whenever piracy flourished on the wild south-western 
 coast. The O'Driscolls, a maritime and fierce Irish clan, 
 used their creeks and castles to shelter their own and other 
 piratic vessels ; and the trade of Waterford having often 
 suffered at their hands, this city more than once fitted 
 out expeditions in retaliation. The State Papers contain a 
 curious narrative, dated April, 1538, of the treachery of 
 Finnin O'Driscoll, Conochor his son, and Gille Duff, his 
 base son, in seizing a AVaterford ship, which they had cap- 
 tured when in distress ; and the document describes the 
 revenge taken by the Waterfordians. But this old feud 
 was slight in comparison with the long and lasting ani- 
 mosity between the citizens of Waterford and the great 
 
 » Carve, Lyra Hib. 
 
city of Waterford. 195 
 
 county family of Le Poer. It would seem that this enmity 
 arose when the Lords le Poer, discarding feudal law, as- 
 sumed the position of Celtic chiefs, and permitted their 
 loose men to plunder the town traders, to make P"ood a 
 claim of yearly black rent upon the city. Several interest- 
 ing documents respecting the combined attack, in 1368, 
 of tlie Powers and O'DriscoUs, upon the citizens, and 
 subsequent similar assaults, evidencing the settled rancour 
 borne by the Power family to the inhabitants of their 
 county town, are published in the Miscellany of the Celtic 
 Society. So deadly was this animosity, that verse was 
 enlisted into the service of the townsmen, in order to warn 
 them of their danger, by means of a ballad, which, we are 
 told became a household song. Sir James "Ware has this 
 note at page 94 of Lansdowne MS., No. 418 : — 
 
 " There is in this book (the Book of Ross or Waterford) a longe 
 Discourse in meter, putting the youth of Waterford in mind of 
 harm taken by the Powei's, and wishing them to beware for ye 
 time to come. I have written out ye first stafFe only : — 
 
 " Yong men of Waterford lernith now to plai, 
 For 3ur mereis plowis ilad beth a way^ 
 Scure 5ur hafelis y* lang habith i lei*^ 
 And fend Sou of the Powers that walketh by the way, 
 
 For rede. 
 For if hi takith Sou on and on 
 From him scapith ther never one 
 I swer bi Christ and S' John 
 
 That off goth Sur hede. 
 Now hi walkith" &c. 
 
 Archaeologists will deplore that Sir James Ware con- 
 fined his transcript to copying the " first staffe only." The 
 original " long discourse in meter" is now lost, having been 
 
 " Foi' your mai'cs and plows are led '' Secure your oats that lietli too long 
 
 away. in the field. 
 
196 The Presentments of Juries of the 
 
 abstracted from the original parchment volume. Sir 
 James evidently attached little literary or historic value to 
 this ballad, which, however, would now be deemed very 
 curious, if merely as a specimen of early metrical compo- 
 sition in the English language. 
 
 Henry the Second, when excepting, in his feudal grants 
 to great barons, the districts around seaport towns enjoyed 
 by "Ostmen," or Easterlings, those sterling traders who 
 founded the commerce of this kingdom, particularly ac- 
 corded to the Ostmen of Waterford that they should be 
 judged by English law. The district they held round 
 the city retains the name of Gaultier, or the Foreigners' 
 Land. That the Ostmen of the county Wexford had 
 peculiar rights is shown by the record published by our 
 Society. Their best franchise was, that, subject to paying 
 certain poll taxes, they were free to hold land of what lord 
 they pleased within the Liberty of Wexford. 
 
 Sir W^illiam Wyse, the 'squire who was foreman of the 
 city jury that drew up the ensuing presentment, who was 
 afterwards knighted, and Avho was granted the house 
 and estate of the Hospital of Knights of St. John at Water- 
 ford, took a worthy part in exposing the grievances under 
 which his fellow-citizens and the frankleins of, the county 
 laboured. Holinshed's Chronicles give an anecdote or two 
 of this distinguished man, who stood in high favour with 
 Henry YHI. In 1539, the Council of Ireland write in the 
 following terms : — 
 
 "Mr. Wise of Waterford, the king's servant, a sadd" [sedate], 
 " wise, discrete gentleman, being heretofore appointed to be sherif 
 of the county of Waterford, hathe discretehe used himself in that 
 rome, as he hathe trayned the people theraboutes to a moche better 
 order and obedience than they have been in theis many yeres past ; 
 so as we judge him very meet among others to be in rule in theis 
 partB." 
 
City of Waterford. 
 
 197 
 
 In 1545, Sir William Wyse^ excuses himself to the Lord 
 Deputy for not levying a tax for galloglasses in the shire of 
 Waterford, alleging that he could not raise it, owing to the 
 arbitrary conduct of Lady Catherine Power ; and he after- 
 wards writes, 5th January, from Waterford, that, Lord 
 Power having died, the Earl of Ormond and his sister, 
 Lady Catherine, will be at the Abbey of Mothel, beside 
 Curraghmore, where they intend to celebrate an obsequy 
 for the soul of Lord Power, and that much " devotion" of 
 meat and drink is prepared there. " The poor people are 
 like," he says, " to sing Eequiescant in pace, but the more they 
 cry, the more sorrow increaseth," — See Hamilton's " Ca- 
 lendar of State Papers, Ireland," p. 70. 
 
 '^ This Sir William Wyse, fltz John, 
 fitz Maurice, married, and had issue : — 
 
 I. Henry ob. s. p. ; 2, John, de quo 
 infra ; 3, Andi'ew, who was knighted, 
 and became Privy Councillor and Vice- 
 treasurer of Ireland ; he m. a sister of 
 Sir W. Brabazon, by whom he had one 
 d. Mary, wife to Sir Alex. Fitton, K'- ; 3, 
 George, Sheriff of Waterford, 1571. 
 
 II. John fitz William, m. Mary Anne 
 Walshe of Co. Dublin, by whom he 
 he had issue : — 
 
 III. James fitz John, m. Alson 
 Finglass of Westphalton, by whom 
 he had issue: 1, John, de quo infra; 
 2, Andrew, Knight of Malta, Prior 
 Anglia;, 1593 ; 3, Henry, ancestor of 
 the Wyses of Virginia and Maryland; 
 
 4, Thomas, Mayor of Waterford 1605 ; 
 
 5, Nicholas, Sheriff same year. 
 
 IV. John fitz James, m. INIary Lin- 
 coln, and had issue: 1, Robei't, m. Mary 
 Wadding, Mayor of Waterford 1630 ; 
 
 2, Francis, m. Genette "Walsh, ob. 1647 ; 
 
 3, Andrew, de quo infra. 
 
 V. Andrew fitz John, who had issue : 
 
 VI. Thomas Fitz Andrew, ]\Iayor of 
 Waterford, 1 688, ob. s. p. m. ; 2, Robert, 
 
 m. Anastasia Le Poer,'of Guilca, Co. 
 Waterford, and had issue : — 
 
 VII. Francis fitz Robert, Lord of the 
 Manor of St. John, by settlement of his 
 uncle, 1695 : m. Mary Masterson, of 
 Moneyseedy and Castletown, Co. Wex- 
 ford, and had issue. 
 
 VIII. Thomas fitz Francis ; m. into 
 the English families of Bourne and La- 
 con, and by first wife had Issue : 1, 
 Francis, ob. s. p. 1789 ; 2, John, de quo 
 infra. 
 
 IX. John fitz Thomas ; m. Mary 
 Anne Blackney, of Ballyellln, Co. Car- 
 low, by whom he had issue : — 
 
 X. Thomas fitz John, m. Frances 
 Mary Bagge, of Dremore, Co. Water- 
 ford, and had Issue : — 
 
 XL Sir Thomas fitz Thomas, K.C.B. ; 
 m., 1821, the Princess Letlzia Bona- 
 parte, by whom he had issue : — 
 
 XII. Napoleon Bonaparte Wyse, 
 Esq., of the Manor of St. John, J.P., 
 nunc vivens, twenty-fourth In descent 
 from Sir Andrew Wyse, a younger son 
 of a Cornish or Devonshire family. 
 Arms, sable, three chewons ermine. 
 
198 
 
 The Presentments of Juries of the 
 
 THE PKESENTMENT OF THE CITE OF WATERFORD MADE 
 BEFORE THE KINGS COMISS THE [xil] DAY OF OCTOBRE 
 ANNO XXIX°. R^S. H. VIII. 
 
 Civitas Waterford. 
 
 WILLS WLSE ARMIGER.~| 
 PATRICIUS WALSHE. \ 
 WIiZs LYNCOLN. 
 JACOBUS WALSHE. 
 EDWARDUS SHERLOK. 
 JOHES BUTLER. 
 NICHUS STRONGE. 
 JOHES SHERLOK SEN. 
 HENR WELSHE SEN. 
 
 }> JUR. 
 
 JACOBUS WISE, 
 
 DAVID BAYLIFF. 
 
 JACOBUS WHITE. 
 
 ROBTUS WELSHE. 
 
 RICUS BUSHER. 
 
 THOMAS GRAUNTE. 
 
 O 
 PATRICIUS COMFORD. 
 
 NICHUS ROWE. 
 
 HENR WELSHE. 
 
 > JUR. 
 
 First the said Jurie present that as touching coygne and li9ey 
 the lady Kateryn Butler usurpeth a domynyon upon the kings 
 subiects in pcell of the countie of Waterford called by her Powers 
 countrey, Av'out title or graunte of the kings magesty or his deputie 
 of this his land of Ireland, and that contynually from yere to yere. 
 
 Item Thomas Power of Balycanvan^ used to take coyne and 
 lyvey as tanyst, That is to wit, the second capitaigne of his nacyon,'' 
 and is ^claymed t knoAven a c6en extorcyoner ov all this countrey, 
 and hathe taken many of the kings liege people, emp'^sonyng them 
 T; setting them at fyne % raunsome and hathe divs theves retaigned 
 to dystres the kings peax. He tooke p'son Thomas Abek'^ nlchaunt 
 of manchestrf & tooke of hym v™'^^ for his Raunsome % also lay in 
 awayte % tooke the deane of femes horse going bitwixt the citie of 
 Waterford t the passage, which he kepeth as yet. 
 
 Itm they p'"sent that the said Thomas for like extorcyon was 
 
 a Ballycanvan was, perhaps, " Con- 
 fin," the residence of a branch of the 
 family. See note, p. 70. 
 
 ^ This denomination is curious evi- 
 dence of an instance in which a Norman - 
 
 Irish family became a " nation," which, 
 adopting tanistry, or succession by elec- 
 tion, chose their chiefs and tanists, or 
 secondary thanes. 
 
 ' Or Beck. See note *, p. 191, supra. 
 
Citij of Waterford. 199 
 
 taken by M^ William Sayntlowe 1 kepte p'^son by the said M^ 
 Sayntlowe in a handlok t delived after unto my lord Thresaurer 
 who tooke a Recognysaunce for the kinge of dame Kateryn Butler 
 1 Edmond Power prior of Saynct Kateryns besides Waterford, to 
 be forthe corny ng at all tymes. 
 
 It ill they p'sent that the said Thomas sonne, called Edmond 
 Power, nowe remayning in the Mayres gayle, brought in by M"" 
 Sayntlowe, acoen extorcyon 1 kep of highwayes, robbing the kings 
 people, t hathe burned a howse full of corne belonging to patrik 
 CoSford Schaunt of Waterford. 
 
 Itm they p''sent that what tyme the lorde deputie departed a 
 Seneshall t other officers [Avere appointed] to see good ordre kepte 
 in the countie of waterfoi'd, whiche they enterprised to execute ac- 
 cordingly. The said lady Kateryn with all opprobry t rebukefull 
 words comaunded the said Seneshall to be disobayed t none offi8 
 there to be alowed but ouely hers, wherby the said Seneshall for 
 jupdy of his lif was fayne to entremedle no ferther. 
 
 Itm they p''sent that the said lady Kateryn kepeth kernty at 
 the charge of the countrey to the nombre of Ix t sometyme more. 
 
 Itm they p''sent that the said lady Kateryn subvtithe the kings 
 lawes, as hanging men w'out auctoritie, pdonyng Theves by takyng 
 canes 1 letting felons at lititie. 
 
 They fynde also that she hath ordeyned an Irishe Judge called 
 Shane M*^Claunaghe, and that the said Shane iiseth Brehens lawe 
 t ordi'eth the mat?s of variannce of the countie moche af? her will 
 t comaundement and taketh for thuse of his Judgement called 
 Oylegeag^ xvi'^ s?r of evy iilk s?, and taketh asmoche of the playn- 
 tif as of the def. 
 
 It they p'sent that the said lady kepeth co' te of the Galtyer'' 
 af? an Ireshe extorcvonous maH, and maketh s^geaunts & offiBs to 
 take up freyes 't bludsheds at her will thorowe all the countrey. 
 
 It they p''sent that there be keps of her stode founde o9 the 
 
 * From the Irish oilegh, a Brehon, who were specially admitted by Henry 
 
 and eag, payment. See note, p. 70. II. to the privilege of English law, and 
 
 '' The Gall-tir (now Ganltier barony), whose descendants were, therefore, 
 
 i.e. Foreigners' Land, was originally co- wronged by the imposition of an Irish 
 
 Ionized by Scandinavians, or Ostmen, court of judicature. 
 
200 The Presentments of Juries of the 
 
 countrey, the said stode pastureth ov e9y grounde payeng nothing 
 therfore, likewise her hounds t doggs w* their keps fonde at the 
 charges of the said countrey. 
 
 It she taketh 8ten psons oute of e9y villege called in Irishe 
 mostroen at their owne costs to buylde her manoi's & howses 
 payeng nothing therfore. 
 
 Itm all masons carpento^'s t taylo^'s Avhich she retaynetli to her 
 ■works take coyne & ly^^ey e9y holly daye. 
 
 Itm she taketh yerely of evy village for Ester & Cristmas a 
 coydhy^ otherwise called a nights mete w' as many as she list to 
 bringe. And he that is not mete or redy to receave her 1 her 
 company be set to xP Cristmas t xx^ for Ester & others more. 
 
 Itm they p'sent that as ofte as the lorde deputie or the lorde her 
 lather and suche great men as come to her mano^ of Co''ags more or 
 any other mano^' she hath, that what is spente in mete t drinke 
 is sessed upon the countrey besides lyvyng of all their horses and 
 genets 1 money by the cessyng of the same which is comittgd av' 
 in iii. yeres. 
 
 Itm they p'sente that the said lady marieng her daughter to 
 Nicholas De^^eux of balymegy'" '' tooke 8ten kyen t shepe towards 
 her mariage of e9y village of the countrey, which catell her daughf 
 Kateryn Power had awaye to her use. 
 
 It they p'sent that the said lady Kateryn hathe taken 't exacted 
 of the kings people for the fo'^uisshing % sending forthe of her sonne, 
 piers Power, into England in company w*^ the lord Thresaurer, a 
 8teyn some of money the ctenty Avherof they knowe not. 
 
 It the said lady taketh foye which is is \_sic] mete 1 drinke for a 
 pety company of xx. or xxiiii'-^. t horsmete w'all di9s tymes of the 
 yere paieug nothing therfore. 
 
 Itm she taketh of e9y plough 8ten oots in lente called sGnier 
 cots. And where she taketh ii, Thomas Power taketh one not 
 onely in oots but in all cudies. 
 
 Itm she useth to take of hym that hath his horse or catell stolen 
 .ym'cs because he watched not his owne good. 
 
 Itm she putteth her p'ce horses or yonge colts to ]y9ey for xii. 
 
 * Cuid-oidhche, a night's portion. ^ See note ^, p. 188, supra. 
 
Citie of Waterford. 201 
 
 Itm she taketh for disobayeng her sgeaunt, o'r offi8, be it right 
 or wronge v marks t of hyni that refuseth to give her horse oats 
 % their keps mete for nought, one beaf called kyntroisk.* 
 
 Itm she useth no indifferency in the cessing for them that goo 
 forthe to slve the kings deputie, 1 psjveth t dischargeth all the 
 lands that she or her sonne hathe in possession from almaS ymposi- 
 cions, leieng their charges o9 other mennes lands. 
 
 Itm that she cesseth her chargs upon the kings people of this 
 country at any tyme she goeth to Dublyn aboute herpVate cawses. 
 
 Itm that a sJ vant of the said lady Kateryn called Robert More 
 constable of her castell of Kylnetomasyn'' hath robbed 8teyn vitail- 
 lors which used to bringe this citie vitellsfrom the combragh° t this 
 comitted in the kings high waie. 
 
 Itm w'in this iii weks the said lady brought ii galleglas of the 
 Retynue of the lord of Osserey into this countie of Waterford to 
 take coygne 1 lyvey for ii dales t ii nights called Soren.*^ 
 
 Itm they psent that Nicholas Powre of Kylmydan^ hath taken 
 coyne t li\^ey, % his brethern likewise John Morice t Benet Powre, 
 % useth the same contynually t hath ioyned in tyme past w' Geralt 
 M*^ Shane and ^cured hym to robbe this countrey t hath comitted 
 in revenging his quarell agaynst S'' Richard Power divs felonies as 
 manslaughter robbing 1 burnyng. 
 
 Itm that Gerald M'= Shane of Dromaneagh*" gent" usurpeth upon 
 the kings subjects t mysgovneth the kings subiects in his q'^rters 
 called the Decyes, 1 taketh that q^r?s to be his owne, saieng his 
 father t his auncetors used coyne T; ly^ey ; "t all dampnable exactyons' 
 rehersed hath been and is daily used 1 comitted by hym, % hath by 
 S"" Richard Povers dales envaded robbed t dystroyed thenh^itants 
 of this countrey, 1 daily doo robbe % spoyle thies q^rtrs by night, 
 % useth brehenns la we. 
 
 Itm the said Geralt of late disobeyed the kings tres of comiss di- 
 
 » Kyntroisk, i. e. a fine. troop of followers. 
 
 •> Now Kilmacthoraas. « Kilmedan is the name of the parish 
 
 <= The Cummeragh mountains. in which the watering place, Tramore, 
 
 ^ Soren (query sruan, a measure of is situated, 
 
 oats) was the original rendering, from f Gerald fitz John f itz Gerald, of 
 
 arable land, of food to the chief and his Dromana. 
 
 R 
 
202 The Presentments of Juries of the 
 
 rected out of England to M"" William Seyntlowe t William Wise 
 t wold in no wise appere before them to be iustefyed of suche 
 wrongs as is mencyoned agaynst liym, 1 maketh peax t warre 
 w'out licence of the kings deputie. 
 
 Itm they present that power of Doilvill® being constable of the 
 castell of Dongarvan under the Erie of desmond having in the said 
 castell his wif % his brother Shane Pover in his absens he then 
 being p'soner here within the citie of waterford for S"^ Richard 
 povers cause, at which tyme a ship of Rosse was wyndriven by 
 strea of wether into dongarvan aforsaid, wherein were mjchants of 
 Lymerick Rosse Waterford t Kylkenny havyng good substance of 
 di9s kinds of mjch^ndises, the said ni?chaunts then being taken 
 p'soners by the said p'soners Povers wif this brother, suche as the said 
 Pover wold were deli^ed by his pVey token 1 the rest remayned 
 p'soners to their great ympo^ishement. 
 
 Itm we fynde that Sir Thomas Butler of the cahirgh'' in the 
 countie of Typary knight useth t taketh coyne t ly^ey throut all 
 those q^rters w^like dampnable exactyonst mysgoVn^nces t maketh 
 peax t warre w*out licence of the kings deputie, 1 hath taken by 
 his retynue a sv^nt of Harry Walshe of Waterford mJchaunt in the 
 kings highwaye going to the faire of Casshell t robbed hyra of x'' 
 1 useth brehens lawe. 
 
 Itm they psent that one Richard Rothe Butler of poUekere*^ is 
 a coraon extorcyeno"", t hath taken % ymp'soned ofte t diVs tyraes 
 the kings subiects t comitted infinyte heynous offences agaynst the 
 kinge 1 his lawes, and his brother Water Butler as great an ex- 
 torcyoner. 
 
 Itm that in the same q*r? of Typary howe James butler Abbot 
 of Inislonaght 1 deane of lysmore hath sondry tymes disobayed the 
 kings writ % is a man of odyous lif, taking yerely and daily mennes 
 wifs % burges doughters, t kepeth no devyne svice but spendeth 
 the goods of his churche in veluptuousytie t raorgageth the lands 
 of his churche 1 so the house is all decayed, % useth coygne 1 
 ly9ey. 
 
 "NowDonisleneiir Annestown: there ^ Now Cahir. 
 
 are here the remains of a strong castle "= Now Poulakerry, Poulakcrry castle 
 
 seated on a steep rock. stands on the Suir, below Clonmel. . 
 
Citie of Waterford. 203 
 
 Itm they psent that EJraond Archbishop of Casshell riotously 
 % w* a company of malyfacto'"6 being in a bote on the river of Wa- 
 terford, a" xxiiii''°R. H. VIII. qui nunc est, hath spoyledt robbed 
 a bote of Clomell charged w* clothe sylke t safron t other m?ch^un- 
 dise to the value by estyraacyon above one hundreth pounds s?, t 
 tooke t ymp'soned the ow^ners of pcell of the said goods % kepte 
 them in p^sone tyll they made fyne % rannsome, 1 is an open may- 
 tayn"^ t berer of causes, t manassed to trouble them that wold tell 
 troth e, t useth coyne t ly^^ey in all thies parts in such forme that 
 he paieth no money for horsmete nor mannesmete. 
 
 Itm the said Archebishop useth extorcyon in his visitacyon 
 sometyme cessyng his charges w* great somes of money, t suche 
 as refuse to conipounde w* hym for a 8teyn unreasonable some must 
 fynde mete t drinke % lodging for as many as he list to bringe with 
 hym, t hath retayned one called Dyrmond Doff for his ofEciall % 
 counsaillor or coraissary which en?tayneth the kyngs people by 
 colo'' of canon lawe that there can be no more extorcyon comitted 
 by any Irishe brehowne, t polleth the kings subiects as he list, t 
 taketh for fee of sentence of a devorce x'> or more. 
 
 Itm they psent that the bishop of waterford ly^eth his horses % 
 his boyes upon his owne tenants paieng nothing therfore con?ry to 
 the kings statutes phibiting that no coyne ne ly^ey be had in lieu 
 of rente or by any condycyon res? ved. 
 
 Itm he useth hym in his visitacyons w* suche exacyons for bis 
 charges as the said archebishop doth. 
 
 Itm he taketh by hym % by his mynisfe for the fee of sentence 
 of devorce v", t of some more, % for the diflSnicon or iudgement of 
 e9y matter brought before hym or his officiall taketh a fyne at his 
 pleasure, 1 for correccyon of synne taketh money, and taketh xx** of 
 evy pounde of the soules pte for pbate of testaments, % so dothe the 
 forsaid Archebishop'. 
 
 Itm the deane of waterford in one moneth of the yere useth 
 visitacyons, t exacteth of the people as the bishop doth in testa- 
 mcntory causes punishement of synne t matters of devorce t other 
 matters of judgement, % maketh the parties to paye hym unreason- 
 able somes of money contrary to gods lawe the kings, wherupon 
 the kings subiects make sore oxclumation. 
 
 K 2 
 
204 The Presentments of Juries of the 
 
 Itm they psent that the bishop of Osserey is culpable in like 
 extorcyons, \ the bishop of Femes was, havyng no vertuous qua- 
 lities ne obedyence to any good lawes. 
 
 Itm they psente that the house of Saynct Kateryns beslds 
 Waterford, where is a p'or % iii chanons which ar at suche divisyon 
 that they sepate themselfs asundre % have divided their Revenues 
 in two porcyons contrary to the rules of their gfession % sore ruyn 
 of their place. 
 
 Itm they psent the p'or of Kellys in the countie of Kylkenny 
 hath taken p'soners in the kings high waye one John Sherlok % 
 William Welshe mJch^'unts of Waterford t kepte them in Irons 
 longe tyme 1 after sent them to the cvmssy^ the kings Rebell, 
 there kepte to their sore ympo9ishement, % that the said p'or is 
 alwaye fugetif % alwayes dysobedyent to the kings pcesse t lawes. 
 
 Itm, they psent that Piers Erie of Osserey t bothe his sonnes 
 use coyne t ly^ey t brehew lawes t chargeth ofte the countie of 
 Kylkenney w*. gallowglas % Kahernty and mustron, t all other 
 parties of their rule use the same, and charge the said countrey also 
 agaynst cristmas % Es? w' finding mete drinke t candle lyght to 
 the manors where the said Erie is resydent, and that the said Erie 
 \ his sonnes take up yerely somer otes of evy plowe for their horses 
 % manyfold other exaccyons as Cudyes coucherles stode t dogges, 
 by whom the countie of Waterford t Typary take psydent 1 en- 
 saumple, e9y capitayn saieng for their excuse let the lorde of Ossery 
 give o9 extorcyon t we will, els not. 
 
 Itm he taketh canes t heriks called soulds'' tlirout the said 
 countrey. 
 
 Itm he setteth at lib?y di9s Theves t Felons takyng somes of 
 money for their setting at libJty w*out satysfaccyon to the ptie 
 greved, % maketh all his castels 1 maSs to be gayles to his owne 
 comodytie. 
 
 Itm they psent that the constable of Dongarven, the constable 
 of Thourles, % for the more parte e9y suche constable belonging to 
 the said Erie or his sonnes, taketh up into their hands all the 
 
 * i. e. Tobin or St. Aubin of the ' Soulds, querj' from the Latin soldo, 
 
 Compsy in the county of lippcrary. to pay ? hence soldier. 
 
Citie of Waterford. 205 
 
 m7ch^undyses in circuyt aboute them, % no subiect of the kings 
 shall not bye nor sell but suche as shall please the lorde or them, 
 all the abbotts of the said countreys use like psydent to the undo- 
 ing of all cities % townes adiacent. 
 
 Itm the said lords offiSs oftyraes give ympedyment to di^s 
 psones that bringe m jch^undises % vitelles to the citie of water- 
 ford which ympo^isheth sore the yntiitaunts of the same. 
 
 Itm they psent that contrary to the kyngs statutes % phibicons 
 the said lorde % the lady his wif ladeth great store of woU 1 floks 
 oute of this lande into England Fraunce t Flaundres, which is the 
 sore decaye t occasyon of Idlenes for all our crafty men, so as for 
 lak of their accustuniable bieng of woll in their parts, t also the 
 p'ses so reysed, by the great occupieng % takyng into the same 
 ladies hands, that our craftsmen ar like to fall to Idlenes t decaye, 
 for restraynt wherof none dare attempt to forset or sease their 
 wares so laden on payne of their lives, t take up all other m Jch^un- 
 dises likewise into their hands wherby the kings subiects be sore 
 hyndred. 
 
 Itm fynally we se 1 fynde that the counties of Kylkenny 
 Typary t of Waterford ar all mysgo7ned by the lady of Osserey % 
 the lady Kateryn her dough?, and that the lord Butler mayntaign- 
 eth his sys? the said lady Kateryn in her extorcyon. 
 
 Itm that there was an office taken in the countie of Waterford 
 for the kynge after the dethe of S"" Ric"^ Pover, 1 fonde that Pers 
 Pover being w'in age is the kings warde, t the said S*" Richard 
 dyed seased of the manor or castell of Carraughmore, the castell of 
 Clonhey, the castell of Kylm'^tomassyn w* their app'ten^'nces Knok- 
 dyrry Balylogh, Knockmyles, the Crosse t dyvs other villages as 
 Calleghan V. 
 
 Itm that upon the feeferme of waterford x'' Irishe is the kings 
 right by reason of therledom of Ourmond, which was given hym 
 tOAvards his creacyon, and also the litle Hand in the hands of James 
 White is nowe in the kings right longing to the said Erledom. 
 
 Itm that Durbards Hand called the great Hand to be the kings 
 right wherin dwell di%^s burgeses. 
 
 Itm the Carryig M'^Griffyn is the kyngs by reason of the said 
 Erledom, t that the castell of Dongarvan is the kings right. 
 
206 The Presentments of Juries of the 
 
 Itm that the mare t comoiis of" waterford holde the maR of 
 Kyloran of the kynge by the yerely svice of a sparhawke as of his 
 honor of Dongarvan. 
 
 Itm they psent that in the countie of waterford ar, besids all 
 that is written, iii notable extorcyoners more,vi^ old Nicholas Pover 
 of Corroduf, Water % Davy Pover. 
 
 Itm the said Jury takyn for our so9aign lorde the kynge before 
 his highnes Comissioners confesse all the p'"mises to be o"^ verdyt, 
 delivered unto the said Commissioners the xii daie of Octot)r in 
 xxix yere of o'" said so9aigne lords lleigne. 
 
 BYLLES OF COMPLEYNTE FOUNDE BY THE SAYDE JUEYE. 
 To the kings highe Cornissioms 
 
 Compleyneing shewen unto your Audj^ence yo'" orato'' t sJuaunte 
 Nichas Poer of Donnyll^ that where as he being in the kings si vyce 
 wayteing on Willinm Wyseasthen being Shyryf inthe countye of 
 Wa?forde t one' William Seintloo the kings Captayne at warres 
 in Irlande, at ther goyng unto Geralde Fytziohn of Desmounde the 
 wyke before xpmas in the xxvii. yere of king Henry the viii"', one 
 Jamys Butler sonne to Pyers Erie of Ossery and the kings highe 
 Tresorer in Irlande came into the sayde Nychas Tenants "i robbeid 
 them, wyth suche companye as came wyth hym of dame' Katheryn 
 Butlers s^'a^nts, of the some of ix^-"^ kyne ili'^^ capellcs w' householde 
 stuff. The pmisseis consyderid it maye please youre Audyence as 
 Avell to cause the said lorde Tresorer to make restytucon of the saide 
 hurts as the foresaide Katheryn and this done for the lawe [love] of 
 godde t in the waye of Chary tie. 
 
 The saide Jurye fynde that the saide Jamys Butler toke this 
 praye the saide daye 1 yere, the nomttre wherof the saide 
 knowe not. 
 
 To the right worshipfull the kings highe Comission^s. 
 
 Humblye complayneing shewith unto yo'" wysedoms yo*" dayly 
 
 orato'' Nictias Poer of Donnyll that where as he coming from the 
 
 kings plyament from the citie of Dublyn by the lord Deputye that 
 
 nowe is kept in Maye anno xxvii" R. H. viii., was taken by Jamys 
 
 * Power styles himself " Baron of Donnyll" in Lis subsequent petition. 
 
Citie of Waterford. 207 
 
 Butler Sonne to Pyers Erie of Ossery and tlie kings lordc Trcsorer 
 sv^nts at Glanrenalde,^ and was guyveid and his casket dyscloseid 
 % some householde stufFe lost by the salde sju^nts and never hadde 
 no amendes therof for his greate slander being in the kings humble 
 sluice. In consyderacn wherof it maye please your wysedoms to 
 see a remedy in the pmisseis unto yo"" orator to be hadde, and this 
 don for the love of godde 1 in the waye of Charytie. 
 The said Jurye fynde this byll to be true. 
 
 To the kings hicjhe Comissioifs 
 
 In moste humble ma8 coplayneing shewith unto yo"^ dyscreat 
 wisedoms yo"" dayly orator t si u^nt Nichas Poer Baron of Donnyll 
 that where as the sju^nts of dame Katheryn Butler vydowe came 
 into Goran-trowale in the nyght upon iii wyks past, ^ tokefrom yo"" 
 said orator oute of the same vyllage x kyne besyds householde stuffe 
 t lefte yo' supplyannts doughter in poynte of deathe, w* one more 
 besyds her, % apon a certayn [day] before the saide hurts was donne 
 certayne of y*^ saide dame Katheryn s lu^nts came unto y^ foresaide 
 towne t caryed w*^ y*'™ in householde stuffe the value of iii. nlks, % 
 Avonedeid sore a good husbondman, t before y^ said hurts don the'' 
 came of her sJu'^nts a company into the saide towne t toke w* y^™ 
 XL shepe by force, wherof yo"" said orato'' besecheith yo' Audyence 
 to cause the saide dame Katheryn to make restytucon of the hole 
 pmiss unto yo' said suppliant t his poore ten'^nts and this don for 
 the love of god t in the waye of Charytie. 
 
 The saide Jury fynde this byll to be but for the certentye. 
 
 To the Right Worshipfull the Kings highe Commysaioners. 
 In moste grevyous maner compleyneing unto yo"" Audyence yo*" 
 orator Nichas Poer of Donnyll that whereas the s^u'^nts of dame 
 Katheryn Butler laste wyfe unto S' Kichard Poer came iiii yeres 
 paste unto the saide Donnyll and kylde of yo"" saide orator is best 
 Gentyllmen and sJvannts iii psons, after the })eace made attuix the 
 saide Nichas and dame Katheryn, and aboute midsomer anno 
 xxix" R. H. viii. the saide s?u^nts came unto Kylbrydye and robbcid 
 yo"" supplyaunte oute of the churche yarde of the same ii horseis, % 
 
 » Probably Glca-Ranellagh, in Wicklow. 
 
208 The Presentments of Juries of the 
 
 ne9 hadde rcstor'^unce. The pmysseis consyderid yo"^ orator humbly 
 besecheith yo'' dyscreat wysedoras to see a remydye herein to be 
 hadde for the love of godde % in the waye of charytye. 
 
 The saide Jurye finde that the saide men were kylled by S*" 
 Eic Poers s7u''nts viz Ric Fytz Davy Poer t others. 
 
 " Bonneh." According to a statement as to Desmond's 
 rents and customs, dated 1589, Bonnybeg and Bonnyban 
 were " soldiers kept in readiness, as well in peace as in warr, 
 at the charge of the country, with meat, drink and wages." 
 " Bonaght-bun," says O'Donovan ("Four Masters," p. 1686), 
 " was the fundamental or original bonaght. Bonaght, which 
 signified free quarters to soldiery at the discretion of the 
 chief, came to designate the soldier so sustained. The term 
 appears to derive from Bun-eaght, the original payment, or 
 rendering ; signifying the first charge upon land, and the 
 most important, being for defence." 
 
 " Caine Eaght" was a fine upon sale without the lord's 
 permission, in times when serfdom gave lords right of pro- 
 perty in what serfs possessed. 
 
 " Sraghe" would seem to have been a primary rendering 
 from land; for, by a note in the S. P. 0., dated December, 
 1589, the rents of sraghe and marte are the only ones men- 
 tioned as chargeable on the Connollaghe country. 
 
City of Waterfcrd, etc. 209 
 
 THE PRESENTMENT OF THE TENANTS AND BURGESSES OF THE 
 MANOR OF DUNGARVAN, IN THE COUNTY OF WATERFORD, 
 TO THE ROYAL COMMISSIONERS, ANNO 1537. 
 
 DuNGARVAN formed the south-western point of the wide 
 territory sheared off by Henry II. from the rule of Rode- 
 rick, the last monarch of Ireland. Its castle, which is 
 said to have been built by King John, and which, as com- 
 manding the seaport, was long deemed of much importance, 
 became the caput haronice of the barony of the Decies, a 
 district granted to Thomas Fitz Anthony de St. Leger, 
 whose eldest coheiress brought it to John Fitz Thomas, 
 ancestor of the Earls of Desmond, and to whom Edward I. 
 committed the custody of the counties of Waterford and 
 Desmond. 
 
 An Inquest of 10th Edward I., No. 21, preserved in the 
 Tower of London, shows the extent of lands held by " John 
 Fitz Thomas" around Clonmel, including the hundred of 
 Decies excepting the barony of Donuil. Among the jurors 
 were three knights named Le Ersedekne, and the document 
 contains curious lists of tenants to Mac Thomas. The grant 
 of 1260 to him excepts the advowson of Dungarvan 
 church, and provides that the castle be given up to the 
 Crown, in cases either of war, of sure suspicion of the said 
 John or his heirs, or should the lands Ml to a female heir. 
 This important fortress was repaired by Earl Thomas, the 
 great lord who was beheaded in the reign of Edward 
 IV., and a statute of this reign states that Dungarvan is 
 " del auncient temps le tres pluis graund auncient honour per- 
 teignaunt au Roy en Irlande." The Desmond noblemen re- 
 tained the barony of the Decies until James, the seventh 
 peer, conferred it upon Gerald, his younger son, excepting 
 
210 Presentments of Tenants^ etc., of Dungarvan, 
 
 Dungarvan town and manor. After the beheading of the 
 elder son, his brother, the Lord of the Decies, assumed the 
 titles of Mac Thomas and Earl of Desmond, and thencefor- 
 ward, after that his usurped power was defeated by the 
 eighth Earl's heirs, mortal enmity subsisted between the 
 Desmond stem and Decies branch. The fall of the six- 
 teenth peer originated in his attempt to enforce his rights 
 as supreme lord over this barony. Of early instances of 
 this family feud, it may be noticed that there are two un- 
 published interesting letters from Sir John Fitzgerald, and 
 his son Gerald, to the King, dated 1528, at the manor of 
 Dromany, stating that they have obeyed his commands, 
 and aided Lord Butler; in consequence of which, James 
 Earl of Desmond has come with a great host and burned 
 and destroyed the most part of their country; but that 
 they have driven the Earl to sea, and slain many of his 
 men. This was the eleventh or traitor Earl, who, dying 
 18th June, 1529, was succeeded by his uncle Thomas, who, 
 repudiating his first wife, and marrying a daughter of this 
 Sir John, namely, Catherine, the celebrated long-lived Coun- 
 tess of Desmond, made the following confirmatory grant of 
 the Decies to his father-in-law: — 
 
 \MS. Cotton, Titus B. xi./oZ. 102".] 
 
 The Feoffmt of Thomas Earle of Desmond of his Lands in 
 
 Desies. 
 
 SciANT pntes t futuri quod nos Doms Thorns Comes Desmonie 
 dedimus concessimus %hac piiti carta indentat' confirinavinius .lotii 
 filio Geraldi Fitz Jeames quod \_sic evidently for " quod', quondam] 
 comit' Desmonie miht' 1 Geraldo ejusq filio hered's suis et assign' 
 6nia messuag terr Doma tent' rcddit' 1 servic cum suis ptinen q tier' 
 in Desia una cura villis Ballinmaglie t Cnoknau Anntoriam n^non 
 cum ulbus cessibus redditibus de Monotrye % duabus Scis in Dun- 
 garvan vel in Baillinmcarty in coin Waterford ac totara Baroniam de 
 
Count}/ of Waterford. 2 1 1 
 
 Killsyllan in com Tipperary f^m in Domo cum omnibus corum juri- 
 bus % ptiu' universis. Necnon dedimus concessimus remisimus re- 
 lixxaraus Sloticos seu Bwonabeg si addes qndo dca prian [sic^ 
 perhaps for " pria" patria] deciamaii obligabaf Hentt'1 tenend' oma 
 pdca messuag' terr tenement' redd' t servic pdico Jotii Geraldo 
 hered' "t assign suis de me meisc^ hered' t assign imppetuum redd 
 inde nobis t heredibus nfis onera debit' t de jure consuet' put in 
 cartis jSdecessorura nostroru inde confect' plenius continet' Villa et 
 maneria nra de Dungarvan cum suis burgag except Et. nos vero 
 pdci Dns Thorns hered & assign nri oma pda teneraenta Villas 
 Baroniam terras redditus statuo| remisso^ [sic\ t servitia omnia 
 cum eorund ptinen pdcis Johi Geraldo hered % assig suis contra oes 
 gentes Warrantizabimus acquietabimus t imperpetuum defende- 
 mus. In cujus rei testimonium sigillum iirum quo in talibus uti- 
 mur apponi procuraviraus. Dat' apud Cork in cfo Lucaj Evange- 
 listas Anno Regni Regis Henrici octavi xxi° "t Dom nri Jesu 
 Christi 1529.^ 
 
 Ex"' p Nichum Courties deput' Mictiis Appesley 
 Protonotar' totius provinc Momonie. 
 
 It will be observed that the imposition of Scottish mer- 
 cenaries, called Bonnaghtbeg, is relinquished. It does not 
 appear how this deed, which left the Lords of the Decies 
 subject to their original rents, was so set aside as to eman- 
 cipate them from vassalage to the Desmonds. On the re- 
 volt of James, Fifteenth Earl, his great enemy. Piers But- 
 ler Earl of Ormonde, w^as commissioned by the King to 
 recover from him the honour and castle of Dungarvan. It 
 seems that the victualling of this fortress by any of these 
 Earls was deemed their signal for war. In 1534, Earl Tho- 
 mas had, with this object, seized a Spanish ship, then in the 
 port, laden with wine. A curious letter published in Ellis, 
 " Original Letters," gives an interesting account of the ir- 
 
 » This 16th century transcript of the seuni, is in many parts obviously very 
 charter, preserved in the British Mu- corrupt. 
 
21*2 Presentments of Tenants, etc., of Dungarvan, 
 
 ruptioninto Pembrokesliireof numbers of Anglo-Irish, who 
 were repelled from our south-eastern shores by the ^var con- 
 sequent on this rebellion, and who sought, upon plea of kin- 
 ship, being of Pembrokeshire extraction, shelter and support 
 from their Welsh cousins. Captain Ap Harry, a Welsh 
 officer, gives in October, 1535, an interesting account of 
 Lord Butler's proceedings for the recovery of Dungarvan 
 Castle. On the way the expedition w^as met by his Lord- 
 ship's brother-in-law, Gerald Mac Shane of the Decies, who, 
 though a " a very strong man in his country," could speak 
 never a word of English, but made the troops " good cheer, 
 after the gentilest fashion that could be." The fortress sur- 
 rendered, on which the expedition passed on to Youghal ; 
 " Here," observes the Captain, " they sell a gallon of Gas- 
 coigne wine for fourpence." Thence a circuit was made by 
 Cork, Mallow, Kilmallock, Limerick, Cashel, and Clonmel. 
 The natural richness and beauty of the country drew the 
 warmest terms of encomium from the Welshman, who 
 writes: — "All this journey, from Dungarvan forth, there 
 is none alive that can remember that ever English man of 
 war was ever in those parts. Some days we rode sixteen 
 miles of waste land, the which was Englishmen's ground; 
 yet saw I never so goodly woods, so goodly meadows, so 
 goodly pastures, and so goodly rivers, and so goodly ground 
 to bear corn ; and where the ridges were, that hath borne 
 corn, to my thinking there was no beast did eat it, not this 
 twelve year ; and it was the most part such waste all our 
 journey." 
 
 Dungarvan was annexed to the Crown by statute, passed 
 in the year 1537; yet the wild power of the Celto-Norman 
 nobles west of the Barrow was but little suppressed. Ni- 
 cholas Comyn, Bishop of AYaterford, writes in the year 1538 
 to Secretary Cromwell, offering to surrender certain livings 
 
County of Waterforcl 213 
 
 and manors adjoining to the western Geraldines, in which 
 the King might place discreet captains, so as to subdue the 
 "protervity" (rudeness) as well of the Lords Barry and 
 Roche as of Gerald Fitz John, Lord of the Decies, and Ge- 
 rald of Desmond's sons. This Lord of the Decies, who was 
 brother to the celebrated long-lived Countess of Desmond, 
 appears by the ensuing paragraph, to have repudiated all 
 loyalty save to his liege lord, the chief of his name. In 
 1539 the Irish Council write to the King's Secretary, — 
 
 "Of all the hooll shire of Waterford, ther aunswered the ces- 
 sions the inhabitauntes scanteUe of thoon half, which is called the 
 Powers' landes or cuntrie ; th'other parte oon Gerald Mac Shane of 
 Desmond, oon of the Geraldines, a kyndisman of James pretended 
 Erie of Desmond, possessethe, and kepethe the same ; who woll 
 neither obey the King, his lawes, ne officers, but adhereth hollieto 
 the said pretended Erie, albeit that all the landes which he bathe in 
 the countie of Waterford been of the kingis oolde inheritance, as 
 parcell of his honor and lordship of Dungarvan." 
 
 In 1552, James, fifteenth Earl, addressed a curious 
 statement to the Lords of the Privy Council respecting the 
 circumstances under which the manor and castle of Dun- 
 garvan had been taken from him, and supplicated for their 
 restoration. His ancestors, he says, had enjoj^ed this valu- 
 able property by grant from Edward III. He proceeds to 
 narrate how his grandfather, Earl Thomas, falling under 
 the displeasure of the Queen of Edward IV., was beheaded 
 at Drogheda for treason ; and how Piers, eighth Earl of 
 Ormonde, and his son and successor, being at enmity with 
 the complainant, procured an Act of Parliament to evict 
 him out of possession of Dungarvan, which was then con- 
 ferred on Ormonde. The custody of the castle was then 
 committed to Mr. Robert St. Leger, afterwards to one Mat- 
 thew "VVykyng, and lastly to James Walsh, " a servant of 
 
214 Presentments of Tenants, etc., of Dungarvan, 
 
 the late Duke of Somerset, and who," continues the Earl, 
 " hath presentlie the charge thereof, not without burdening 
 the King as well with men in extraordinary wages, as with 
 sondry other like charges, standing to small effect either 
 for the service of His Majestic or defence of the country 
 thereabouts, the same being chieflie at this day by the said 
 Erie" [of Desmond's] " pollycy and power kept in the stay 
 it is, by having his men and constables planted everywhere 
 upon those borders." This boast of the Earl's is somewhat 
 borne out by a letter, dated ten years subsequently, ad- 
 dressed by the Corporation of Youghal to the Queen, com- 
 mending the Earl for the protection he has afforded them 
 in rooting out a den of thieves, who maintained a castle 
 four miles up the river. At the beginning of the turbulent 
 conduct of the sixteenth Earl of Desmond, his authority over 
 the Decies was frequently a subject of examination ; and 
 there is a curious petition, dated 1565, from Sir Maurice 
 Fitzgerald, of "Dromaney" (Dromana), to the Queen, against 
 " the impositions, services, exactions, and demands made 
 by the Earl of Desmond on his territory called the Decies," 
 which, the knight alleged, he held in fee, answerable only 
 to the Crown. Dungarvan Castle is mentioned by M. Boul- 
 lay Le Gouz, in his tour through Ireland, A. D. 1644, as a 
 considerable fortress. The Fitz2;eralds of the Decies are 
 represented in the female line by the present Lord Stuart 
 de Decies, who takes his title from their old seigniory, and 
 resides at their ancestral seat, Dromana. 
 
County of Waterford. 
 
 215 
 
 NOIA TENENCIU ET BURGENC MAN'lU DE DUNGARVAN 
 CUM CASTRO IBIDEM. 
 
 MOYSES TAYLLOUR. 
 MATTHEUS HORE.^ 
 wiITls NYGENT.'' 
 EDUS HORE, SEN. 
 WILLS HORE. 
 THOMAS HORE. 
 JOHES NOGULL. 
 JACOBUS NYGENT. 
 
 > juit. 
 
 JOHES FITZ WILLIAM. 
 
 JOHES COLLAN. 
 
 PATRICIUS GERE. 
 
 JOHES RUSSELL. 
 
 TEG O MOLGAN. 
 
 EDUS HORE, JUN. 
 
 EDUS DAVYS. 
 
 O 
 WALTUS POORE. 
 
 > JUll. 
 
 Fyrst the said Jury presente that the Vicar of Dungarvan 
 taketh coyne and li^ey of his tenants when the Bishop repaireth 
 thether and his sJu^nts e9y Sunday in the yere have mete and 
 drinke of his tenants. 
 
 Itiii, they psente Garald Fitz John'^ and as many gentylmen as 
 be under hym doo take coyne and livey and their kernes and gal- 
 lowglas 1 hunte at their pleasure. 
 
 Itm, they psente that the said Garrald and all the gentylmen in 
 the countrey doo custumably take one daies labor of the Kings 
 tenants or ii daies, at their own pleasure w* their plowe. 
 
 Itm, they psent that Morys Fitz John dyd breke the house of 
 Morys Taillor to take his piggs to the nombre of xviii the which 
 shal be ii yeres at Candlemas next comyng. 
 
 • This branch of the Hore family is 
 said to have descended from one of the 
 name who was seneschal to an Earl of 
 Desmond, and who obtained Shandon 
 Castle and lands, near Dungarvan, as a 
 hereditary fee. James Hore was knight 
 of the shire for Waterford in 1497. 
 John Hore, of Shandon, was M. P. for 
 Dungarvan in 1634 and 1639. His 
 son, Matthew, was restored, in 1688, to 
 1423 statute acres in the Co. Water- 
 ford, and received 2864 in Gal way and 
 
 Roscommon. He was M. P. for the 
 Co. Waterford in King James's Parlia- 
 ment. His son, John, was M. P. for 
 Dungarvan, and left three coheiresses, 
 married respectively to Donnellan, of 
 Ball}donnellan ; Aylmer, of Lyons ; 
 and Sir Patrick Bellew, Bart. 
 
 ^ Nugent, of Cloncoskoran, descended 
 from the second Baron of Delvin. 
 
 " Gerald, son of John Fitz Gerald, 
 (son of an Earl of Desmond), of Dro- 
 mana, Baron of the Decies, and there- 
 
216 Presentments of Tenants, etc., of JDungarvan, 
 
 Itnl, they psente that John Thobyn was slayne by one of John 
 Isam's^ company at mydsoiil last past, and one man of the company 
 of the said John was hurte w'* a hand-gonne by Morrys Power 
 and they knowe not what justice was mynisthred for the same 
 mmlhre but that the said felon was kepte a small season in p'sone in 
 the castell of Dungarvan, and so deli9ed from thens. 
 
 ItS, they psent that where there was 8teyn comon belonging to 
 the towne of Dungarvan by suifraunce of the Lorde there, paieng 
 rent therfore, is nowe occupied by Deonyse O'Brien and his 
 brethren and if the townesmen doo put eny cattell theron they 
 take pledges. 
 
 Itfh, they psente that e9y Munday if they nede they have a 
 corte kepte in the said towne and if eny man make a fraye or 
 bludshed, they have a queste of xii men to enquire upon the said 
 bludshed and fraye and if it be upon the watter or Avhere the tyde 
 runnethe he that is condempned shall paye xi^ that is to saye x* 
 to the constable and xii'' to the wa? bailife and if it be in the 
 strete vii^ that is to say vi' viii*^ to the Lorde and iiii'^ to the 
 s?geant. 
 
 Itm, they p'"sent that e9y bote of fishermen being straungers 
 paye for their custume ons in the year vi^ viii'* also of e9y bote 
 one hake as well of the townes men as of the straungers as often as 
 they come to lande if they have it, and of e9y drover that goeth to 
 take hering as well of townes men as of straungers ons in the year 
 a mese of hering that is to say v*" af? vi^^ to the hundreth, and 
 from Cristmas to Es? as often as they come in with fishe that is \f^ 
 white fishe to paye one linge when they have it and if they have 
 none but haddoks to paye one haddok to be taken as well of 
 tOAvnes men as upon straungers, and of e9y ship comyng wuth wyne 
 having above x tonne paieth for p'sage ii tonne wyne paieng to the 
 Schaunt xl^ s? and if the lorde doo refuse the said payment then 
 to have but one tone wyne, and of the custume of hids of straungers 
 for evv^'y dyker xiii"^ s?, and for the custume of evy hundreth haks 
 of straungers iii'* b?, and for e9y barell of hering i"^ ob s?l, and of 
 
 fore lord of the surrounding country. He was an Englishman, captain of a 
 =• See a former notice of John Isam. company of soldiers. 
 
County of Waterford. 217 
 
 e9y burthen of white fishes i*^ s?, and el^ barell salt ix'* 8?, and of 
 evy waye of Avhete and malt vi** s?l of straungers, and of e9y waye 
 of beanes iii*^ sll, and of e9y mantell caried from this townc i*^ s?, 
 and of evy hat)dashe amounting to the some of xx^ sold there doe 
 paye vi"^ s?, and of evy wrek that is fonde there one half therof gocth 
 to the fynder and the other half to the Constable of the Castcll, and 
 the admyrall* to have a share therof, and all wreks of fishe that 
 cast themself upon lande, the one half to the fynder and the other 
 half to the Constable, the said custumes be taken on straungers, 
 and none other. 
 
 It', they psent that the Constable of the Castell paieth the 
 masons their wages for makeing the towne walles or repaering 
 therof, and the burgeses of the towne fynde mete and drinke to 
 the masons doing reprations upon the said walles, and the Comona 
 of the towne there fynde workemen at their owne costs and charges 
 to make morter and cary stone, and the Lorde to fynde a lighter 
 or bote, and also horses to cary stones from the said lighter. 
 
 Itm, they p'sente that the owner of e^y house in the said towne 
 and also in the countrey taketh of his tenant ymmediately af? his 
 dethe vi^ vili*^. 
 
 ^ Itm, they save that the burgeses of the towne 
 
 J ., o . _, shall paye at lister vi mks, and at Mighelmas as 
 
 moche for their fre lande viii'' xiii* iiii'^ s? p annu. 
 It', the rest of the frelande which was some -> 
 tyrae in tenants hands is no we in the hands of the | 
 Constable, that is to saye, when a tenant dieth ^ liii^ iiii** 
 w^out issue his lands shall remaigne to the Castell : | 
 by the yere 
 
 Itm, there is a 8tayne grounde belonging to this "^ 
 Castell which Avas given by the Erie of Desmond y vi« 
 to the pishe churche there, which is by the yere J 
 
 • Probably the admiral or captain of the fleet of fishing boats. 
 
 S 
 
 vm" 
 
xiii^ iiii^ 
 
 218 Presentments of Tenants^ etc., of Du7igarvan, 
 
 It', they saye that there is 8tayn lands called -v 
 CroLighton Claischy lielng beside the West gate, | 
 assigned to a carpenter by the said Erie, for that he )' viii'^ t? 
 shall give his owne worke to the Castell, as often 
 as nede shall require, and is worthe p annu ^ 
 
 Itm, they saye that a Steign lande in the towne "^ 
 of Ballaghoo lieth in pledge to Donell M'^Ragh^ for > viii^ 
 the p'se of a horse, which land is worth by the yere J 
 
 Itm, they saye that Deonise Rynyen kepetli by -i 
 force XX acres of lande, pcell of the demeanes which 
 shuld belong to the smyth of this Castell ; and is 
 worthe by yere 
 
 Itm, that Gerald Fitz John w^holdeth a towneship from this 
 Castell called Ballym'^mawen, what value they know not ; it con- 
 teyneth one ploAve lande and more. 
 
 Itm, that a 8ten lande and a warreyn of conyes, called Congard 
 Pointe, is witholden by the said Gerald Fitz John, con' in lengthe 
 iii q^r^s of a myle, and in bredthe one boweshot, well replenished 
 with conyes. 
 
 Itm, there belongeth to this Castell a hundreth great acres of 
 land, lieng in the south west syde of the Towne, cont' by estymacon, 
 in the hands of the Constable at viii*^ the acre, lvi^ viii*^. 
 
 Itm, that Morrys Fitz John holdeth lande called Co'^te Towne 
 by force from this Castell, and is worthe xxvi* viii"^ s?. 
 
 Itnl, Gerald Inchdowne w^holdeth lande called the Chanon-hill, 
 conteyning by estymaton xx acres of Fyrse grounde, the value un- 
 knowne. 
 
 Itm, Denys Abrlen kepeth lande and underwood from this Cas- 
 tell, the value unknowen, cont' by estymaton iiii great acres. 
 
 Cotagers. Itih, none that paeth any rent to the kynge, but 
 they paye to the free burgeses which is conteyned w'in the some 
 above said. 
 
 psonage. Itin, the psonage is a faire house, and hathe vi tents'' 
 
 » Mac Graith, or Magragh. nements ; " " tylling " (see p. 21 9) may 
 
 ^ This may read " tenants," or " te- be an error for " tythiug." 
 
County of Water/or d. 219 
 
 to the same, no lande, but the tylling of xvi pishe churches, and is 
 worth by yere c. Sks s? by estym. 
 
 It', they saye that the Vicar hathe buylded xx houses upon the 
 churchyarde grounde, and taketh rente to his own use. 
 
 It', the same Vicar taketh e9y mannes or womans best good 
 for a mortuary'* af ? their dethe, that is to say of their appell. 
 
 It', a vally called the great vally of pasture, being a comon to 
 the said towne, cont' by estymaton in lengthe from the mountaigne 
 one myle, and in brerthe one c]r?, which belongeth to the Castell. 
 
 TO THE EIGHT WOESHIPFULL THE laNGS HIGHNES 
 COMISSIONERS 
 
 Grevously complayneth unto your M'ships, one Hewe M'errell, 
 dweller in Bridgcwa? in England, who dyd come to Dungarvon in 
 the xx'^ yerc of the reigne of our so^aigne Lorde Kinge Henry the 
 eight, and there dyd put into the house of one John Horre 8teyn 
 whete and beanes to the some of a pipe and ii hoggesheds Avhete, 
 and one hoggeshed of beanes, and one bushell and a peck whete 
 besides; and one Gerrard Wegynton, then being Constable to 
 the Erl of Desmond, dyd forcebly take awaic oute of the house 
 of the said John Hore the said whete and beanes w*out paieno- 
 therefore, and nowe supposing because y^ said towne is in the 
 Kings awarde and keping I have desyred my corne of the said 
 Gerrald, and he denyeth me playnly that hee ne? tooke my 
 corne; and nowe, by the meanes of Nicholas Browne, Under Con- 
 stable of the same Castell, [there were] fonde 8teyn honest men and 
 dwellers in the same Towne of Dungarvan, the which was SAvorne 
 on the iiii Evangelies that they sawe the said Gerrat and his wyf 
 and their s?geant, conveyeng the said corne into the Castell, whose 
 names heraf? folowen, first, Thomas Tobene, William Tobene, 
 John Russell, John Mernyng, t Germyn Tuke, being portrif the 
 same yere, w* many mo; and also the Erie of Desmond, being that 
 
 * The " mortuary" was an ancient Swift mentions the " tithe pio-, and 
 ecclesiastical customary mulct. Dean mortuary guinea." 
 
 s 2 
 
220 Presentments of Tenants^ etc., of Dungarvan, 
 
 tyme, did send the said portrif unto the said Gerrald, comanding 
 hym to paye me my said goods ; and besides this, the said Gerrald 
 went aboorde the ship where my coffer laye and brust the lok and 
 tooke w* hym a do5 clothe, the whiche coste me xx^ 
 
 And nowe I desyre you in the waye of charitie, and for the love 
 of God, that I may have a remedy of the same, and I shall daily 
 pray for your m^'ships. 
 
( 221 ) 
 
 THE PRESENTMENTS OF THE GENTLEMEN AND COMMONERS 
 OF THE COUNTY OF TIPPERARY, OF SUNDRY MERCHANTS 
 AND OF THE HEADS AND COMMONERS OF THE TOWN OF 
 CLONMEL, TO THE ROYAL COMMISSIONERS, ANNO 1537 ; TO- 
 GETHER WITH THE PRESENTMENT OF EDMUND COMY AND 
 HIS ASSOCIATES, AND JAMES FLEMYNE AND HIS ASSO- 
 CIATES, AT THE SESSIONS HELD AT CLONMEL BEFORE SIR 
 WILLIAM DRURY, LORD PRESIDENT OF MUNSTER, ANNO 1576. 
 
 The representations made respecting the state of Tip- 
 perary describe, as may be expected, a peculiarly lawless 
 condition of society. During a period of nearly two hun- 
 dred years, the Earls of Ormond had not only, as palati- 
 nate lords of this shire, stood in place of the Crown, but 
 had, for the most part, been absentees. In 1347, Earl 
 James had been granted, " for life," the regality, knights' 
 fees, and all other liberties in this county. His successor, 
 the fourth peer, appears to have exercised extraordinary 
 authority. Among complaints preferred against him, he 
 was charged with admitting some of the native Irish to be 
 knights of shires, " the which," says the remonstrance, 
 *' wolde not in no wyse assent to no good rule, nor to 
 nothing that should profite and avaylle to you, Soverein 
 Lord." 
 
 Thomas Earl of Wiltshire and Ormond died in 1515. 
 Meanwhile, Sir Piers Butler, eldest heir male of the family, 
 inherited the entailed estates, and sought to strengthen him- 
 self by following " Irish," or independent " order." In the 
 first, and not least remarkable printed State Paper of thisdate, 
 the name of" SirPyers Butler" stands conspicuously at the 
 head of" all the Captaines of the Butlers of the countycs of 
 
222 Presentments of the Gentlemen^ etc., of Co. Tipper ary, 
 
 Kylkenny and F37ddert," as that of a great Anglo-Irish lord 
 who held " Irish order," ruled his vast territory by native 
 usages, and made peace or war as he pleased. Yet, so re- 
 duced in power were the inhabitants of these counties 
 (Fethard is an ancient town in Tipperary), that they were 
 compelled by O'Carroll to pay him an annual black rent. 
 The King's laws were unknown within their limits ; for 
 Brehon law was rife throughout degenerate Kilkenny, and 
 palatinate or feudal law followed, or, more probably, dis- 
 carded for native justice, throughout wild Tipperary. In 
 1527, this knightly chief of the House of Butler was ele- 
 vated to the peerage as Earl of Ossory, but was generally 
 styled Earl of Ormond, a title which he claimed as heir 
 male to Thomas the 7th Earl. The grievances connected 
 with his exactions are the subject of printed State Papers 
 in 1525, the Earl of Kildare having exhibited certain 
 " Articles against the Erl of Ormond," which set forth com- 
 plaints of a nature similar to these presentments. Among 
 other acts of alleged oppression, he is said to have exacted 
 coiny and livery throughout Tipperary and Kilkenny not only 
 for his soldiery, but for his masons, carpenters, and tailors, 
 and even for "his sundry hunts, that is to say [saith the docu- 
 ment], 24 persons with 60 greyhounds, and hounds for 
 deer hunting ; another number of men and dogs for to 
 hunt the hare, and a third number to hunt the martin." 
 Yet, as this was an age when all wild animals were unpre- 
 served, our readers can understand that a county hunt, 
 which lessened the number of wolves, martins, and wild 
 deer, was a public benefit, and therefore deserving of public 
 support. 
 
 In May, 1534, a notable indenture was drawn up be- 
 tween the King and the Earl of Ossory, and executed on 
 the day of this nobleman's departure from England, imme- 
 
and of the Merchants, Sfc, of the Town of Clonmel 223 
 
 diately preceding the revolt of the Leinster Geraldines 
 which broke out in June, 1534, perhaps much in conse- 
 quence of this commission of enormous power to the head 
 of the rival house of Butler. By this instrument, the 
 King granted the Earl and his son " the leading and go- 
 vernance," as his Majesty's lieutenant and deputy, of the 
 King's subjects, and the inhabitants of the counties of Kil- 
 kenny, Tipperary, and Waterford, and " the countie of 
 Ossorie and Ormond," the Earl engaging to assist Skeffing- 
 ton, the new Viceroy, and not, without his assent, to make, 
 or maintain the making of, any Irish lord or captain, but 
 aid the Viceroy in admitting such persons to those "roumes" 
 or lordships ; to maintain, everywhere above the Eiver 
 Barrow, the King's laws ; to recover Dungarvan castle ; 
 aid in reducing Thomas twelfth Earl of Desmond ; and to 
 resist the Bishop of Rome's usurped jurisdiction. 
 
 In October, 1536, the Dublin Government advises the 
 King to induce the Earl of Ossory and his son to perniU 
 Crown revenue to be levied in the shires of Kilkenny, 
 Tipperary, Wexford, and Waterford, as it is in the four 
 counties of the Pale. This proposition demonstrates the 
 independence and wide authority of the House of Ormond. 
 
 As lords palatine of Tipperary, their charter entitled them 
 to exercise all judicial privileges, except the four pleas of 
 the Crown, within the pale of that liberty; but during their 
 absence in England, their delegated authority had, doubtless, 
 frequently been abused. The High Commissioners report 
 that, in their survey of the shires of Kilkenny, Tipperary, and 
 Waterford, they perceived "the great lack of those parts was 
 lack of ministration of justice." These counties were, in fact, 
 without the pale of the King's law, and, as such, had lost 
 t^ieir title to be called shires — a term derived from having 
 been sheared off from the unsubjugated wilderness. The 
 
224 Presentments of the Gentlemen^ etc., of Co. Tipperary, 
 
 reader will find, in some notes to my edition of Sir Henry 
 Sydney's memoir of his government of Ireland, published in 
 the "Ulster Journal of Archseology," comments on this Vice- 
 roy's exposure of the evils attendant on the enormous au- 
 thority given by the grant to the Earls of Ormond of the 
 Tipperary palatinate liberties. 
 
 Lord Ormond writes, 12th March, 1538, to the Lord 
 Deputy :— 
 
 *' Hitherto, though I have bene as willing, as any erthly crea- 
 ture, for reformacion of many abuses in thies parties, where I have 
 the rule under the Kinges Highnes ; yet, in that, to this tyme, I 
 have had somoch busynes, aswell agaynst the Geraldynes as the 
 Irishry, I was enforced to give, in nianer, to the inhabitauntes of 
 the same their owne talentes and willes, applieng to their appetites, 
 or otherwise could not defende the countie, neither be able to resist 
 the raalignacion of myn adversaries, having alonely therby numbre 
 of men, Avith which power I have alwaies so served the Kinges 
 Hio^hnes, as I trust hath bene to His Graces good contentacion. 
 And nowe, in that partely the occasion of lak of a more civile 
 ordre, or conformytie of obedyence some deale is seassed, and 
 haveing also to hart moch your good and holsome exortacion for 
 that purpose, I have bene in thies parties, with other the Kinges 
 Commissioners, where we have assessed the first frutes, and 20" 
 parte of all spirituall promocions, to be annually levied to the 
 Kinges use. Therto thies counties of Waterford, Tipperarie, and 
 Kilkenny. I have also proclaymed, over all the countie of Tip- 
 perary, that no caines, allyiegs, errikes, Irish brehons, nether that 
 lawe, rahownes, and many Hke exaccions and extorcions, shall 
 eeasse, with reformacion for the grey merchuntes, and the Libertie 
 Corte to be duely contynued, as the Kinges lawes require. And 
 as for the Countie of Kilkenny, for lak of auctoritie, as I have in 
 the Countie of Tipperarie of the Kinges Majesty, I, and the inha- 
 bitauntes, were, and ar, in falte of admynistracion of justice, to use 
 the abuses hetherto there contynued ; the peple being bred in suche 
 io-noraunce, as they knowe not justice. Howe be it, I have often 
 perswaded many of them to be converted, which to doo I can 
 
and of the Merchants^ c^'C, of the Town of Clonmel. 225 
 
 scarsly have their assentes, for the lustes they have to caynes and 
 other abuses, torning to their proffit, as it doth to myne. But, 
 fynally, I am thus determyned to drive them therto, so as, what 
 soever orders or devises you shall determyne therin to be put in 
 efFecte, I shall have suche respecte therto, as neither their will, ne 
 any particler commoditie to myself, or to them, shall refrayne me 
 to se the same perfitely executed, God willing ; but in stede therof 
 must be devised first, howe justice shalbe otherwise mynistred 
 emongest them. I have also mocyoned them to be contributaries 
 to the charges of officers, to have justice resydently executed here. 
 And albeit the like ignoraunce therin maketh them dull and deffe, 
 as their Avittes be not open, or can perceive the benefite that may 
 followe : yet having chiefly in myn ies my dutie to the Kinges 
 Highnes, and next that being enclined to their utilities, I will put 
 in efFecte suche reasonable thinges to that purpose, and other like, 
 as you shall will me to put in execucion." 
 
 Lord Ossory and his son, as the leaders of the Reforma- 
 tion movement in Ireland, and as instruments of the fall of 
 the Geraldines, rose high in the favour of their royal kins- 
 man, Henry VIII. The claim to the Earldom of Ormond 
 was allowed, in addition to that of Ossory, and he and his 
 sons were loaded with grants of lands and high offices. In 
 1545 the Lord Deputy writes : — " There is now a great 
 matter concerning the same Earl, for such liberties as he 
 pretendeth to have in all the hoole countrie of Teperary, 
 which, as he makes the shere now to be, is a great countrie." 
 The Earl claimed all jurisdiction, or the regality, save in 
 the four high pleas of the Crown, and thereby the right 
 to give pardon for offences, and showed a grant by Ed- 
 ward III, "and fair books of usage of the same."^ 
 
 In 1555, the clergy of Cashel presented a bill to the 
 seneschal and justice of the liberty of Tipperary, complain- 
 ing of certain exactions by sergeants and others under the 
 
 * Printed State Papers. 
 
226 Presentments of the Geiitlemen, etc. , of Co. Tvpperary^ 
 
 Earl of Ormond, the Baron of Dunboyne, and divers other 
 persons, who cessed the manors of the bishops, and the manses 
 of parsons and vicars, with horses, galloglas, kerne, homids, 
 and other impositions contrary to the liberties of the holy 
 Church ; upon which an order was passed at Clonmel, by 
 the seneschal, Viscount Mountgarret, the justice, David 
 Roth, and other officers of the liberty, commanding the 
 sheriff and under-sheriff of the liberty to see the requests 
 of the bill put in execution. On the 10th May, 1567, the 
 Lord Deputy Sydney, and Council, ordered that the pre- 
 lates and clergy of Cashel should have the benefit of this 
 order."" 
 
 The following original document, on the theme of these 
 presentments, will undoubtedly be read with interest : — 
 
 " THE HUMBLE PETITIONS OF THE EARL OF ORMOND TO THE 
 queen's most EXCELLENT MAJESTY." 
 
 " Wheare Sir Edward Bellingham being Deputy of Ireland 
 placed certain soldiers in a house of the said Earls called Leighlen 
 Bridge, and partly at his tenants charges fortified a frerie there- 
 unto adjoining which the said Earl holdeth for years yet to come. 
 The occasion of which charge of soldiers t fortifycation proceeded 
 upon respect of the said Earls tender years, after the death of his 
 father the late Earl, by reason whereof those frontiers wanted the 
 accustomed defence ; so as ever since the said Earl (your highness 
 faithful subject) could not enjoy his inheritance of that house, ne 
 yet his term of years in the other, in consideration whereof and to 
 the intent your highness may be disburdened of a thousand pounds 
 yearly charges, which presently your Majesty sustaineth, and yet 
 your service as much advanced for the good and quiet stay of your 
 highness subjects there as hitherto hath been, he most humbly be- 
 seecheth your Majesty to grant unto him as well restitution of his 
 
 •■' Calendar of State Papers. 45. The date is before the 16th of 
 
 '' State Papers, Ireland, Vol. i., No. July, 1559. 
 
and of the Merchants^ i\'c., of the Toivn of Clonmel. 227 
 
 said inheritance and the custody of your highness house edified 
 there, which shall be nevertheless at the commandment of your 
 Majestys Deputy for the time, yielding unto your Highness yearly 
 such rent as the same hath been surveyed at, as also to appoint him 
 as Captain of Leinster, that is to say of the Kavanaghes, Twolles 
 and Brynnes (for the most part rebells and disobedient to your 
 Majestys laws) being no charge to your Majesty but a great fur- 
 therance of your Highness service. 
 
 " Itui, for-as-niuch as the greatest mischief to the public weal of 
 that poor realm growcth of an unreasonable imposition called conny 
 and livery continued time out of mind, which the said Earl ut- 
 terly detesteth and seeketh by all means the abolishment thereof 
 and the increase of civile order accordincj to his education in Eno;- 
 land, and for that his attempt of such reformation may give exam- 
 ple and incouragement to the rest of the Lords there to embrace 
 the like, he most humbly beseecheth your highness to give him 
 sufficient authority to take and provide victuals and other necessa- 
 ries within his own rule for the furniture and maintenance of his 
 house and residence, at such prices as the Lord Deputy hath used 
 to pay for his provision, and that therefore the people inhabiting 
 within the said Earl's whole rule may be exempt from all other 
 like provisions, cesses and bonaghtes for gallowglasse, as in the time 
 of his ancestors hath been accustomed, and also for the further re- 
 lief of your highness said subjects to grant unto him the fee-farm 
 of certain parcel of land called Onaght, surveyed at 6'*. 13^ 4*^. 
 sterling by the year, standing upon the borders of the Irish coun- 
 treys and very necessary for the defence of the said Earls liberty of 
 Tipperarie. 
 
 {Marginal note in Burghleys hand) : — 
 
 " To be recompensed with some other piece of land in Kilkenny 
 or Tipperary or Waterford. 
 
 Dorso. 
 
 *' The Earl of Ormonds requests to the Queens Majesty." 
 
 This tenth Earl ofOrmond, a profound statesman, aswell 
 as a vigorous general, was so anxious fertile abolition of coine 
 
228 Presentments of the Gentkinen, etc., of Co. Tipper ary^ 
 
 and livery, that, although, owing to the want of a circulat- 
 ing medium, the country was not ripe for change from ex- 
 actions in kind to payments in cash, he made efforts in this 
 direction, to the extent of issuing a proclamation, dated 1st 
 July, 1654, "for taking away the mischievous custom of 
 coine and livery in the county of Tipperary, with the 
 orders necessary for the preservation of the country." On 
 the 22nd November, however, he informs the Queen's 
 Secretary that, when on the very point of abolishing it, the 
 invasions of the Earl of Desmond " have forced him to con- 
 tinue one disorder, to withstand the other." Here we have 
 the excuse for the practice, in its necessity. The abohtion 
 of this convenient custom was much disputed. There are 
 documents, dated 1568, in the State Paper Office, showing 
 the inexpediency of such a measure, and appointing cer- 
 tain provisions instead, for the defence of the country ; also 
 notes of the horsemen, galloglas, and kerne, supplied by 
 the Earl of Ormond, and the counties of Kilkenny and 
 Tipperary, at hostings, and a list of names of the free- 
 holders'' in these shires. At length, durmg the eventful 
 government of that admirable statesman. Sir Henry Syd- 
 ney, an Act was passed, by the Parliament of 1569, "for 
 taking away Captainships, and all exactions belonging 
 thereto, from the Lords and great men of this realm." 
 The preamble of this important statute sets forth, that the 
 chieftains of Ireland had, in times when the execution of 
 justice fell into decline, arrogated unto themselves, on pre- 
 text of defending their possessions, "absolute and regal au- 
 thority, within large circuits," each chief assuming "as much 
 right as force would give him ;" — that these seigneurs, " in 
 
 ' The Kilkenny list will be found at Maclean, Esq., and not, as there errone- 
 p. 93, supra, transcribed by John ously stated, byW. J. O'Douna van, Esq. 
 
and of the Merchants. 4'c. , of the Town of Clonmel. 229 
 
 drawing to them all inferior states, to be of their several 
 factions, fell to such strife for greatness of rule and govern- 
 ment," that all fear and obedience, due to the Crown alone, 
 was wholly converted to them ; and yet that they them- 
 selves were " not in so good a state of life, both for honour 
 and revenue, as their ancestors had been, as appeareth by 
 ancient records and monuments of this realm." Accord- 
 ingly, the assumption of the title of ruler of a country was 
 forbidden, as also were exactions for sustaining chieftains' 
 " horsemen, footmen, galloglasse, kerne, hackbuttiers, 
 horses, horseboys, hunts, studkeepers, officers, or adherents." 
 Neither were clans or septs to be assembled for the purposes 
 of making peace, raids, forays, granting of taxes, benevo- 
 lences, finding armed men, or for ofi'ensive invasions. A 
 statute enacted in Dublin was, however, of no avail in re- 
 mote regions, where it could not be enforced. According 
 to Dowling, the annalist, in 1575, the Earl of Ormond re- 
 pudiated the exaction of coiny and livery in his country. 
 In 1576, Lord-Deputy Sydney abolished, say "The Four 
 Masters," the taxes of coigny, kernetty, bonaght-bun, and 
 bonaght-bar, in the "two provinces" of Munster.^ 
 
 Let me now give some original papers, which evidence 
 the antiquity of disturbances in this county. 
 
 In February, 1539, the corporation of Limerick address 
 a remonstrance to the Earl of Ormond against the conduct 
 of the garrison which Donough O'Brien has in Carrickogo- 
 nel, in plundering the neighbouring country ; and in the 
 next month. Sir Thomas Butler writes, from " the Caghir," 
 (Caher, Co. Tipperary) to the Government in Dublin, pray- 
 ing them to use their influence with the Earl, that he may 
 not be extremely handled, nor his lands plundered, by the 
 
 * For a curious account of these and No. Gil, p. 139, Carew Collection, 
 taxes and exactions see No. 617, p. 212, Lambeth Library. 
 
230 Present7nents of the Gentlemen, etc. ^ of Co. Tipjperary, 
 
 officers of the liberty of Tipperary. The ensuing letter, 
 hitherto, I believe, unpublished, is copied from the original 
 in the MS. marked Titus B. xiii., p. 81, Cotton Library'' : — 
 
 PIEES BUTLER, LORD CAHIR, TO THE EARL OF SUSSEX, COM- 
 PLAINING OF THE OUTRAGES COMMITTED UPON HIS PEOPLE 
 BY THE EARL OF ORMOND AND THE BUTLERS. CAHIR. 11. 
 OCTOBER. 1563. 
 
 "My most humble duetie to yom' Lordship premised. Thies 
 are to advertise your honour that Sir Edmond Butler, Mr. John 
 Butler, James and Edward Butler, my Lord of Ormonds brothers, 
 came in warlike array with their trayn the second of this present 
 month of October, and invaded and spoyled my poore tenants and 
 countrey under the Queens Maiestie, of the value of one thousand 
 pounds in catteil, houshold stuff, and apparaill, as thoghe they were 
 mortall enymies, alledging that I have caused the White Knights 
 Sonne to take the pray of a villadge called the Grage, and that my 
 Sonne and others of my men were assisting him in so doing. And 
 the same allegacoii being made by him, the said Sir Edmond, after 
 the said enormous spoyle, was by me annswered in this maner ; that 
 I wold not myss to deliver suche persons as he should name of my 
 men, or at my leading or comandment, offending, into the hands 
 of the Sufferein of Clonmell, or Maior of Waterford, or any otlier 
 indifferent men, to be tried according to justice; which he did re- 
 fuse, and refused also to restore any the goods to the poore men, 
 onles he had pledge into his hands for the contentation of his owne 
 deasyr, which I thought not indifferent, using me after the like ex- 
 treme sorte, as he is accustomed to serve me. What further dis- 
 order or spoyle shall be committed by him I knowe not. Therefor, 
 my good Lord, for asmoche as, God knoweth, I am giltles in any 
 matter the said Erie or Sir Edmond do chardg, yet I am pleased 
 to deliver suche persones, as shall be named to me, of my servants 
 and men, to have offended, to the said Sufferein or Maior, or other 
 
 " Irish Corrcspoiulence, State Paper Office. 
 
and of the Merchants^ ^'c. , of the To wn of Cionmel. 231 
 
 indifferent men, to answere for suche things as slial be objected 
 against them, which I think to be sufficient, and yf it be not, I will 
 be alwayse prest and readie to do anything your honour will think 
 reasonable, humbly beseeching your Lordship for asmoche as I and 
 all my men must be fourthcoming to answer before all suche Judges 
 and Commissions as you will thinke indifferent for me ; beseech- 
 ing your Lordship, therefore, to command my said Lord of 
 Ormonde to cause the said Sir Edmond and the rest of his brethren 
 to restore the poor men to their goods, but also to see correction 
 done for the said disorders, and even so to comand them to comit 
 not any the licke offences herafter, yf it will stand with your honors 
 pleasure, the rather that the said Sir Edmond is the bolder to comitt 
 the licke, for that no order is taken with him for his manifold inju- 
 ries, and one to me without occasion ministered of my side, as 
 knoweth the Lord who have your honorably estate in his preserva- 
 tion. From the Cahir the xi of October, 1563. 
 
 " Your Lordships assured to comande 
 (Signed in autograph,) " Pieks Cahir." 
 
 The county ofTipperary seems to have been fully colo- 
 nized soon after the Invasion, and to have subsequently been 
 little overrun by the Irish ; yet, still, its inhabitants anciently 
 warranted the proverb, being Hihernis ipsis Hiberniores. 
 On the other hand, however Irish in mind and manner the 
 Prendergasts, Purcells, and Tobyns, may have become, it 
 is to be believed that they entertained much national anti- 
 pathy to the people they imitated. Little love was wasted 
 between the Butlers of Ormond and the O'Briens of Arra ! 
 The " mortall mislyke" borne by the Macgillapatricks for 
 their gallaibh, or foreign neighbours, in the shire of Kilkenny ^ 
 was so strong, down to the latter days of the reign of Eliza- 
 beth, that their chieftain. Lord Upper-Ossory, " would not 
 suffer any tryalls of his country to be made in the county 
 
232 Presentments of the Gentlemen^ etc.^ofCo. Tlpperary, 
 
 of Kilkenny, but in the Queen's County," of which, he 
 insisted, his country was a member (see Carew MS. and 
 Dymock). After all, these presentments do not depict 
 a state of society worse than all accounts, whether in 
 prose or poetry, give of the contemporary condition of 
 the Scottish Border, where old Celtic customs, such as 
 clanship, with its train of " deadly feuds," and old hosti- 
 lities and revenges, kept both internal and external 
 enmities fiercely burning. The misery and misfortune, 
 however, of this state of affairs in Ireland were, that it gave 
 opportunity for aggression on the part of covetous English 
 courtiers, who were enabled to plead — in excuse for extir- 
 pating families descended from the ancient conquerors of 
 Ireland — their degenerate and lawless condition. Thus, as 
 a case in point, in the year 1630, the districts of Upper and 
 Lower Ormond were declared to be " wholly wild Irish," 
 and, for this reason, demanded to be granted out and re- 
 planted, being, as was also alleged simply for the above 
 cause, wholly in the King's right ! 
 
 IState Papers, Hen. VJIL, Ireland, Vol. V.— Oct. 1537. N°. 39.] 
 
 THE VERDYT OF THE GENTYLLMEN % COMYNERS OF THE 
 COUNT YE OF TYPAE?. 
 
 O 
 THOMAS PNDERGAST. JUK. 
 
 RICUS BUTLER. 1 JOHES ENGLYS. "] 
 
 JACOBUS KETEING. > JUR. JOHES MOCLERK. J"JUR. 
 
 I j 
 
 JACOBUS VALE. J JACOBUS WALSHE. J 
 
 WILLMS WOYDELL. ") PHUS VALE. "| 
 
 JOHES BUTLER. J> JUR. WALTUS VALE. f JUR. 
 
 JOHES DE stO JOHE. J NICHUS KETEING. J 
 
 Fyrste the saide Jurye p'sent that the lande is wasteid % desola- 
 teid by Thorns Butler ther lorde takeing % opp'seing them wyth 
 horse and men 1 knavis ^ c""yGs [companies] of xxv men e^^y 
 night yerely on the sayde countrey called Karren tyee. 
 
and of Head Men and Commons of Town ofClonmel. 233 
 
 Itm the saide Jury p'seut that the Erylle grayes"^ fyndeing them 
 by opp'ssion at the saide Thom'^s commauudyment. 
 
 Itm they p'sent that they ar opp'seid by workeraea to the said 
 Thomas, whatsoe^ opacon, buyldeing or other worke he hathe, that 
 nothing thcrof shal be at the saide Thorn's coste, but oaely at the 
 ^pre costs % expenceis, sendeing workemen therto callyd inostrons, 
 1 to fynde meate for the machones,'' holy dayes dureiug the worke 
 they ar compelled. 
 
 Itm they p'sent that when the said Thomas Butler hathe a castell 
 or any other substancyall Avorke to be made or amakeing, his sub- 
 jects poore and riche haveyng shepe must gyve hym to the saide 
 "worke e9y of them a shepe, yf they have any. 
 
 Itm, they p'sent that he compelleith them and e9y of them 
 haveing a flok of shepe to gyve his dough^s a shepe for ther do wry e 
 when they ar raarryed or to be married. 
 
 Itm, they p'sent that if the said subjects be any yere w'out have- 
 ing galloglassheis or speremen in ther countrey, that then they 
 rauste paye t gyve the saide Thom*s at Ester x nlks to the Avyne. 
 
 Itm, they p'sent that the coyshyr wherw*** they ar moste greveid 
 1 desolateid, by abundaunce and multytude of people whiche the 
 said Thomas bryngyth to them t eVy of them of habyly tie, by the 
 whiche they ar wasteid, 1 ther substaunce, whiche many dayes 1 
 nyghts finde them, is in ii dayes 't nyghts spent, 1 this is useid iiii 
 tymes in the yere of men haveing any substaunce. 
 
 Itm, the saide Jurye p'sent that llichard Butler was opp'seid and 
 wrongeid by the saide Thomas Butler, in takeing from hym t his 
 feloweis viii ffiks xi* i^ ob, bycause he wolde not obey the saide, as to 
 bryng hym capulles^ to carye t convey sclatts*^ to the said Thome's 
 castell in the Cahyr. 
 
 Itm, they p'sent that the saide Thomas useid, 1 dayly hathe, 
 dy9se Juges % S'"geants in his countrey opp'seing and compelleyng 
 the peoplle at ther owne wille, t not to lawe ne Justice, complayn- 
 
 * Perhaps we should read " present already so often complained of. 
 that the Erylles grayes," that is, the '' Machones, i. e. masons. 
 
 Earl of Ormonde's gray merchants, '^ Capulles, i. e. horses. 
 
 T 
 
234 Presentments of the Gentlemen, etc., of Co. Tipperary, 
 
 eith them, and thes ar the namea of the Juges, ReryM'^Claneghye, 
 Oyne M'^Claneghe, Thomas M^Claneghe. And thes ar the 
 names of the s''geaunts, Edmud m'ke Donogho, Derby m'ke 
 Edmud, John Duff, haveing after hym vi S''geaunts t dy9se othe*' 
 S^^geaunts. 
 
 Itm, they p'sent that e9j somer they muste paye to the saide 
 Thomas oute of evy colup, whiche is iii or iiii°'' tenne, a bushell of 
 otys by compulsion, that is of e^y ii or iii horseis, or iii or ii kyen 
 a bushell of otys. 
 
 Itm, they p'sent that therle, Pyers Butler, useid yerely to opp'se 
 the saide subjects w* boynes^ contynually, and at his resorteing in 
 thes pties opp'seid them w^ horsemen, horseis, 1 hounds. 
 
 Itm, they p'sent that the said Thome's is s/u^nte. Arte Odonyll, 
 have killeid John Condone, s''vaunte to the Moclear, and this sup- 
 poseing us wrongfully don. And we the said Quest chosein, 
 electeid, t sworen, to declare and testyfye the p'misseis humbly 
 besecheing youre highenes to take compassion % pytye on yo"' said 
 subiects, so that all the said compleyn^nts and opp'sions be re- 
 dressed % reformid, % that we may lyue fro the said tralldom ac- 
 cordeing to o"^ gracious prynceis wyll, king Henry the viii'''. 
 The names of Thomas Butler s'ju^unts of this countrey, 
 John Tobyn, Morice Tobyn, Edmund Tobyn, Davy Tobyn, 
 William Tobyn, Richard Tobyn, Nicholas Tobyn. 
 
 The names of the lorde Ossery s'jeaunts in the countrey of Ty- 
 par, 
 
 Tayke M<=Lee, Thomas M=Tayke, Patryk M"=Conogher, John 
 M'^Conogher, William Kaylle, Edmund Kaylle, Donyll Omayll, 
 Denyse Boye t manye other. 
 
 Itm, the saide Jurye p'sent that Walter Butler in Rathei'onane 
 kepeith the vycaryge of Ratheronane, whiche he p'cheseid oute of 
 Rome XX wynter agone, which vycarige belongyth to the kings 
 highnes. 
 
 Itm, they p'sent that the saide Walter hathe taken of the lorde 
 
 * Boynes, i.e. Bonaghts. Bonaght of the lord for the support of his Gallo- 
 was an imposition levied at the pleasure glas and Kern, &c. 
 
and of Head Men and Commons of Town of Clonmel. 235 
 
 of Rathronan, Jarays Walys, the remeiit'' of his father decesse, by 
 reason that he was pson of the saide towne, t kepeith from the saide 
 Jainys xxiiii acres of his lande, saying that it cons'"neith to his 
 church e. 
 
 Itm, they p'sent that the churche of Kyllshevan"^" is in decaye, 
 and the pson takeyth the pfits, % syngith no masse ther, and Denys 
 Moryce is vicar ther, and my lorde of Ossery hathe psonagc there. 
 
 To the right honorable the king's high comissioners of this lande of 
 
 Ireland. 
 
 Theis Bylles are founde to be trewe by the verdy*^ of the gen- 
 tyllmen % corny ns of the countye of Typar'. 
 
 Greveusly complayning sheweth unto yo"" hono'"able wisedomes 
 the kings jtrewe subiect yo"" trewe oratrix Mawde Goldyng, borne 
 woman of the citie of Waterford, That whereas yo"" said [orators], 
 laboring to come by her ly ving in trewthe, hath gonne t rowed bote 
 towards the towne of Clomell in the kings river. And one of the 
 s'^uants of Edmond Butler, decessed, called Derby Fitz Edmond 
 which was then the said Edmond Butlei's s^'geaunt, and nowe B^'uant 
 to S' Thomas Butler, knight, the said Edmonds sonne, have riotously 
 taken yo^ said coplayn^nt forsebly oute of the bote, and tooke her 
 p^'soner 1 tooke with hir a nlke s?r in money, 1 a crosse worthe vi* viii^, 
 1 kepte her p'soner half a y ere \ more. And afterward he paied for 
 her raunsom to the said Edmond Butler a pipe of wyne worthe xi 
 marks Irishe and ii* in Irs. to the said S"^ Thomas Butler, besids yo*" 
 said complayn^nts costs and losyng of her pfits during the said ym- 
 p'sonment, And also yo"" said complayn'nts mother, decessed, was 
 taken in the kings highwaye riding towards Clomell forsaid by the 
 said Derbyes father, called Edmond Fitz Donagh, being then also 
 s^'geaunt to Edmond Butler, 1 nowe s''ii'nt to Thomas Butler forsaid, 
 and took then of yo*" said complayn^'nts mother app'ce horse,'' And 
 
 * Rement, perhaps raiment, which, '' i. e. Kilsheclan, near Clonmel. 
 
 by the Canon law, belonged to the par- = App'ce horse, perhaps a horse of 
 
 son, as a mortuary, in case of death. pi ice or value. 
 
 t2 
 
236 Presentments of the Gentlemen^ etc. ^ of Co. Tipper ary^ 
 
 all this done to yo*" said complayn^nt and to her mother for v yeres 
 gayne. The p'^missea consydered therefore that it may please yo 
 honorable wisedomes to cause and lawfully compell the forsaid S'' 
 Thomas Butler, sonne and heire to the said Edmond Butler, which 
 S'' Thomas hathe the saide malefactors t extorcyo^s in his s'"vice t 
 domynyon, to satysfye yo"" said c6playn*nt t her mother of the for- 
 said damages susteyned, els to showe sufficient warraunt to baiTC 
 yo"^ said complaynnt of the said exclamacoSs as shall stande w' right 
 lawe t conscience; and this in the way of Justice 1 charitie. 
 
 Wee knowe and testefy that the said Mawde Goldyng of the 
 citie of Waterford was taken by the said Derby Fitz Ed- 
 mond, ofSc' of Edmond Butler in the kings ly9ey as to- 
 fore written, 'i this without any lawfull cause. 
 
 [1537. Oct. N\ 40.] 
 
 To the right honorable the kyngs highnes comissioners of this land 
 
 of Ireland. 
 
 Grevously complayning, sheweth unto y"^ honorable wisdomes 
 the kings trewe subjects yo"^ trewe orators, James Braye t Ric. 
 Wedlok, rrlchaunts t borne in the towne of Clonmel ; where as 
 they went by the kings highwaye, accompanyed w' other yonge 
 men, half a myle oute of the towne of Clomell, one John Duf, 
 s'^geu^nt to Edmond Butler deceased, and no we to S^ Thomas But- 
 ler knight, fellowe with Wa? Flemyng,* Schaunt, of the towne of 
 Cosshell, as he went by the said highwaie w' a pipe of wyne in a 
 carte, % wold have arested the forsaid wyne 't horses. The forsaid 
 m'^chu^nt of Cassell owing no dewty unto the forsaid s'^geauut nor 
 to his lorde or M'', defended hym t his goods t tooke it to his 
 towne. Then the forsaid s'^geu^nt reto^ned into the towne of Clo- 
 mell, and coplayned to the sufFrayn that the said coplayn^nts had 
 forfeit the forsaid nlchandises t goods. The so9aign belevyng this 
 open false s'"geu*unt, copelled yo'" forsaid complayn'^nts to abide the 
 
 * i. e. were in company with Walter and his merchandise from the dangers 
 Fleming, no doubt to protect him here complained of. 
 
and of Head Men and Commons of Town ofClonmel. 237 
 
 judgract of iiii men chosen by the forsaid Edmond Butler, 1 by 
 the suffrayn, to whom Edmond Butler said openly that his Judges 
 shuld here 1 agre w' them of the towne, The forsaid Judges 
 w'out delib'acon awarded that your fornamed coplayn^nts shuld 
 paie unto the forsaid Edmond Butler x', 1 to themselfs iii', and to 
 the forsaid s'geu^nt for his fee xx% t then sent your csplayn^nts to 
 Edmond Butlers place, where they were kepte in p'^sone xii weeks, 
 % then paied xv* iiii'^ for jaylo"" fee t other, besids the forsaid 
 somes ; one of yo"^ forsaid coplayn^nts hath attached the forsaid 
 Judges to the lawe whiche been named William Fagan, burgeys, 
 John Haryhan, clerke, t the mat? was brought tofbre a 'quest 
 Avhose names folowen, vz. Th. White, Ric. White Fitz John, Ric. 
 White Fitz Thomas, burgeses, RoBt Butler, Edmond Bi-aye, James 
 White Fitz Henry, m''chu''nt men, who were sworne after the use 
 of the towne, dyd here and receave yo"^ coplayn^nts true evydences, 
 % then dyd not agree supposyng yo"^ forsaid coplayn^nts that the 
 forsaid iii burgeses were not egall, for they Avent abrod 't brought 
 no verdite. And thus yo' complayn^nts t true orators can have no 
 right syu the xxiiii yere of the kynge o^ so^aign lorde the kings reign 
 unto this tyme. It maye therefore please yo"" honorable wisedomes 
 to see a lawfull ordre in this matter, 't thus in the waie of Justice 
 1 charitie. 
 
 We knowe that the said James Butler brother* and Richard 
 Wodloke of the Towne of Clomell & Water Flemyng of 
 Casseyll were in?upted by the said John Dufs su*nts when 
 they passed in the kings highwaie, and this unlawfully doon 
 not ftccordyng to the kings will. 
 
 The following Presentments, though of a later date, 
 may well be appended to the foregoing, bearing as they do 
 CD the general grievances of the county of Tipperary : — 
 
 ♦ 
 
 a Brother is here evidently a mis- ment of the petition, where the name 
 take for Braye. See the commence- is written Braye. 
 
238 Presentments of the Gentlemen, etc., of Co. Tipperary, 
 
 The p'sentment ofEdrnonde Comyn and his associelts, at the Sessions 
 hculden at Clonemell, befor S'' Willm Dreic?'ye, knight Lo. presi- 
 dent of Mounster, and other his assistanc', in November in anno 
 1576. 
 
 We p'sent that the x"" of Jan'"'., the xix'** of o"^ so8aigne laidie 
 that nowe is, one Tybott Hanckuth, of Moyldrome, w"^ diverse 
 others, malefactors, came to Shippston w"^ in the countie and libertie 
 ofTypperrarie, and then andtheiretraiterouslyedid bumexxx houses, 
 the valewe of one hundrith pounds of houshold stuffe, bysides 
 the Bur[n]inge of a woraane and a mane childe, contrarye to o*^ 
 SoSaigne Laydye the Queens Ma'^ peace, and the statute 
 pvideth in that case, of the goods and cattelles of Edmond Hanckuth 
 and his tenants of the same: p Edmond Comyn cm socii[s] sui[s]. ' 
 
 We p'sent that the xx"^ of August, the xvi yere of o"" soSaigne 
 laidie that nowe is, one Quaghe M''Conogher nessiny, of mon Koo, 
 came to Dowhe, w'^'in the countie and libertie of Typperrarye, and 
 then and theire traiteriously burned ix houses, one hundith shiepp 
 and swyne, and the valwe of xx'. in houshoiild stuffe of the goods 
 and cattell of Teigg Ofogirtie Dowepe, aforsaid, countrarye to the 
 Queen's Ma'' peace and to the statut in that case providid : p Ed- 
 mond Comyn cm socii[s] sui[s]. 
 
 We p'sent that the xx'** of September, the ix yere o' raigne 
 o'' souagne laide that nowe is, Phillip ComyneFitz Geordge, Wittm 
 Comyn Fitz Gorge, Art M'^Diermoth M"^ Shane glefe, rorie Begg, 
 Av' diuse others malefactors, came to Camkeyle, w'^in the said 
 countie and libertie, and then and there traitorishousely burned 
 eight ricks of come in fild of Camkell aforsaid, of the goods and 
 cattells of Edmond Comyne, of Kilcomell, and that M"" Edmond 
 Butler, of Cloghensie and supre, traitorouslye supported, mantained 
 and pcured the said traitors to tak them to his Core Rick* trai- 
 torinously and contrary to statute in that case pvidid : p Edmond 
 Comyn cu socii[s] sui[s], &c. 
 
 * Comcric, i. e. protection. 
 
and of Head Men and Commons of Town ofClonmel. 239 
 
 We p'sent that the xx^'* of .Janu''^. the ii yeare of o'" soSayne 
 laydie that now is, Phillipp Comyne Fytz Johu, of Grayglewane, 
 horsmane, Philip Comyn Fitz Goi'dge, lat of Raylstowne, Wiftai 
 Fitz John, Odower Keylne Manighe, horsmane, w' divers other 
 malefactors, did sett her Ma'^ highe waye and wilfully murdred 
 one Art ]\PBrien, Galiglashe, Avonded Edraond Comyne, of Kill 
 konell, traitoriousely in his right hand, and contrarye to the statute 
 provided in that case: p Edmond Comynge cu socii[s] sui[s]. 
 
 We p'sent that in the tenth yere of o"" soSayne laidie that nowe 
 is, one Gellenenewe M'^Teigg M'^Shane, of the Bores Lighe, w*^in 
 the Crosse barth come to Wiftm Oge Faninge Mobamane, w^^'in 
 the countie and libertie, and then and there traitorinously murdered 
 one Conogho'' Kelle, of the same house, contrarie to the statute 
 pvideith: p Edmond Comyn com' socii[s] sui[s]. 
 
 We p'sent that the last of October, in the xviii*** yere of o" 
 souaigne laidie that nowe is, one Shane M'^Garrald, horsmane, E,ic 
 Melebe, s''vaut to AP Pires Butler, Sherieft, came to Shirpsto, and 
 then and their felonusly, to[ok] a caple, price xl* of the good and 
 cattell of Wittm Bowy, of the same house, felonusly contrary to 
 the statute in that case made: p Edmond Comyn com socii[s] 
 sui[s]. 
 
 We p'sent that all the weares on the ryver of the Suir by 
 Clonemell do stopp the concorse of boats and fyshes to come alonge 
 the ryver, and specially the weare that is caulled Crowek wear : p 
 Edmond Comyne cum socii[s] sui[s]. 
 
 We p'sent that the iii'*' of December, the xviii yere of o'' 
 soSayn laidy that now is, one Tyboied Burke, gent, and Tybodd 
 Fytz Richard Burke, Donole O Henege, w* twoo cam to Moclris- 
 towe, w'''in the libertie, and then and there [took] iii"^ sheaffs of otts, 
 price xvi*^, w'*' meat and drinck to the valwe of x% feloniuously and 
 contrarie to the ordinance and statute made: p Edmond Comyn cu 
 socii[s] [suis]. 
 
:i40 Presentments of the Gentlemen^ etc., of Co. Tipperary, 
 
 The phentment of Jacohc Flemyne and his associetes, at the Sessons 
 houlden at Clonemell, before S"" WilVni Drewrie, knight, La. 
 President of Mounster, and other his assistance, in November, 
 1576. 
 
 We p'sent that in the yere of o'' Lord 1568, and the xxv day 
 of Auguste, Edmond the Whit Knight sonne, John Fitz W im 
 Makened, and Tegg, brother to the said John, Darbie Coroickem 
 Hupian, s^'vant to Margeret Poo"", of Ballilogan, at that tyme w'^in 
 the coimtie and libertie of Tipparie, w"' others dyverse unknowe 
 psons, John M'^ Shane and Darbie M'^She, sonne to the said John 
 Dowlinge, in Bally Drowt, w'^^^in the countie of Liberteck,* cap- 
 taines of the Galliglasses to James Fitz Moris, at that tyme came 
 to the barrony of Cahir, w'^in the countie and libertie of Typpe- 
 rare, and their vilonusly burned and spoyeled the said barrony to 
 the nomber of xvi townes of S'Tybbot Buttler, knight, iii raynges 
 of the Queen's Ma*^ land of the Abbe of Cahir, and after this fact 
 committed by those psons aforewriten, they weare receved by Mar- 
 geret Powr and her tenants in Gart tardon, w'^in this libertie, and 
 there she and her tenants, John Ban, James Ohes, and John Rous, 
 ■\v* others unknown psons of her tenants, rec'^ to the nuber of 
 xii kin, ii shepp, xxx hogis and geat, of the forsaid spoyel, vio- 
 lently and contrary to the Queens Ma" lawes. 
 
 We p'sent that in the yere and day afbrsaid, Richard 
 Fitz Ullic Burk, of Bally Vadic, w'-'^in the libertie of Typperarie, 
 did receve iiii*^ shepp, ii in kalf kyne, of the psons afore writen, 
 of the forsaid spoyell, violently and contrarie to the queens ma** 
 pice, after the comittinge and bur[n]inge aforsaid. 
 
 We p'sent that in the yere and day aforsaid, Rory Moile 
 Omowledane, of Keilerfekelty Malag Bray, other same goner 
 did violently receve of the psons afore writen, thre scor sheppe 
 and geat, ii in kalf kyne of the aforsaid spoile, after the bur[n]ing 
 comitted by them aforsaid, tc. 
 
 * Sic in the original, evidently a blunder of the scribe for Limerick. 
 
and of Head Men and Commons of Town of Clonmel. 241 
 
 We p'sent that in the yei'e and daye aforsaid, Walter Fits 
 John Burke, of the Cappack, w'''in the said libertie,and John 
 Fitz Walter Burke, of the Gotten, w"'in the said libertie, and his 
 sonnes, Walter and Tyboth, did receve iii in kalf kyne, iii""^ 
 shepp, of the aforsaid spoill and psons, violently after comittinge the 
 aforsaid buringe, tc. 
 
 We p'sent that the bridge of the Gowlin was repared in the 
 tymes past by the pson, vicer and pricioners of a Tashill/tc. 
 
 We present that the bridge of the Cahir owght to be repared 
 right by S'' Tybott Butler and others, as is a costomed frome 
 Cnockenaie to Reachee, and for Cnocklowetie to Cahir. 
 
 We p'sent that the bridge of Ardfinan ought to be repared by 
 the lord Bushopp of Watterford and Lessraore, to. 
 
 We p'sent that the bridg of Bally Drout ought to be repared 
 by Knockgraffin and Glane Gowlane, otherwise cauled Baly 
 Drowit, 1c. 
 
 We p'sent that all the weyres uppon the Shoure, fronie Korke 
 Heny to the Carige, be hurtfull to the coiiiion welth. 
 
 We p'sent that M"^ Edward Butler and his me, John Burk, of 
 Kenlefeckelly, wt^'^in the county and libertie of Tipperarie, hors- 
 mane, Fires Comyne, of Lalyn Rayle, w'^in the said libertie, ker- 
 naghe, Brene Morieck and Teigg Nemaroghe Odaremond, Philip 
 Ospellan, Wiftm Opollin, Moris More, Shean M'^Dermond Oge 
 O'Flahirt, do daylie ceasse uppon the countrye w* convie and 
 liverie, coudhie, horsmen, and foottme, galiglasses, goners, doggs, 
 and boyes, contrarie to Her Ma'^ statute in that case providid, 1c. 
 
 We p'sent that M"" Sherief of this libertie and his men, Henis 
 Omoris, kernaghe, ceassor of his fott me, Thomas Walle, ker- 
 naghe, Walter Walle, kernaghe, Garrill M'^Sheane vallw, horsmane, 
 John Fitz Garrold, horsmane, Richard Pursell and James Purshell, 
 horsmen of the com of Kilekeny ; Feillemboy M'^Heis Canctag, hors- 
 mefie Hony O' Dower, kernagh, Jeffery Fitz James Pengirdas, ker- 
 naght, Tegg Oquorick, Jonoick Englio, of Solachod, w' many other 
 unknowne psones, do daylye cesse the cuntry w* convie, and liverye, 
 
 » i. c. Athassel. 
 
242 Presentments of the Gentlemen^ etc., of Co. Tipperary, 
 
 and codhie, contrare to the Queens Ma*^^ peace, and statute vidid 
 in that case, tc. 
 
 We p'sent that my lord of Woremonde his men, Donoch 
 M'^Dowe, otherwise called Machenoach Dermod M'^Dae M'^Honye, 
 
 Shane JVPDae, w'^ Hen James Moore galdowse and 
 
 Turlaghe Oge, do dayley ceasse the cuntry w' convie and liverye, 
 contrary to the statute pvidid in that case, 1c. 
 
 We p'sent S*" Edmond Buttlers men, James Welshe, of Garre 
 Hodie, Kobert Welshe, sonne to M'^Adam, Holliver Welshe, of 
 the countie of Kilkenelln,^ Gille Duffe Fitz Waulter [ofj Baylly 
 Vony, and Richard Fitz Waulter of the same, and Far M'^Der- 
 mond, of Keyle Moor, in the county ofTypparye, Shane O Lalowr, 
 servant to S"" Edmonde Buttler, do daylie cesse the cuntry w' con- 
 vie and liverie, contrary to statute, 1c. 
 
 We present that Richard Butler and Tibott Buttler, sonne to 
 Fires of the Grallaghe,do cesse the country against statutie, 1c. 
 
 We p'sent that Hony Duff Oraoris, servant to M"" Peirs But- 
 ler, sherief of the countie and libertie of Typpare, came to Bally 
 Hack, and to Bailie Castell, and to Mo we Careck, and to the 
 Caboragh, and to Bally Homarin, and to Pople O'Fogortie, and to 
 Fople Drom, and to Cowle Crowe, and there and thies lead and 
 toock awaie w* them to the nuber of xii caples, the firste of 
 December, 1576, forcsabley and contrarye [to] the Quenes Ma*^ 
 peace, 1c. 
 
 We p'sent that the L. P''sident of Mounster, that nowe is, do 
 cesse the cuntre w* horsmen, and horses, and boyes, contrarye to 
 the statute. 
 
 We p'sent that the churche of Temple BallyDowle, wh^'^in the 
 count' of Typparie, is not kept according as it owght to be, the 
 church not built but standing in waste, to the great hindrance of 
 the pariosoners, and contrarye to the statute pvidid in that 
 case, 1c. 
 
 a A blunder for Kilkenny. 
 
and of Head Men and Commons of Town ofClonmeL 243 
 
 THE PRESENTMENT OF THE HEADS AND COMMONERS OF THE 
 TOWN OF CLONMEL TO THE ROYAL COMMISSIONERS, A. D. 
 1537. 
 
 The Clonmel Presentment concludes the representations 
 laid before the Commissioners of Reformation. The pic- 
 ture it affords of the state of the adjacent districts differs 
 little from those given by the juries of the adjoining coun- 
 ties and towns. A single unusual word arrests our atten- 
 tion — the term " franklein," now obsolete, but which de- 
 signated a considerable freeholder. To judge by the well- 
 known description, by Chaucer, of the English franklein, 
 from whose class justices of the peace, sheriffs, and knights 
 of the shire were chosen, he was a lordly squire, a fine 
 old Eno;lish gentleman of the olden time. 
 
 The state of the monastic establishments near Clonmel 
 is elucidated by this Presentment. They were often in the 
 hands of men whose lawless relatives exacted succour 
 and sanctuary within abbey walls. Chief Baron Finglas, 
 writing about the year 1533, says : — " To alleviate the 
 kyng's chardges to this reformacion of Leinster, there 
 be divers Abbeyes adjoining to these Irishmen, which 
 doe gyve more aid and supportacione to them than to 
 the kyng or his subjects, parte against their wills ; as 
 the abbie of Donbrothie & Tintern, in the Co. of Wex- 
 ford; Dowthe, in Catherlough; & Grane and Baltinglas, 
 in Kildare ; which may be suppressed, and given by 
 the King to young lords, knights, and gentlemen out of 
 England, which shall dwell upon the same." Baltinglas 
 Abbey, he observes, was " a living for a lord ;" and so was 
 the Fassagh, or weald, of Bantry. Some of the monasteries 
 
244 Presentments of the Gentlemen^ etc.^ofCo. Tipperary^ 
 
 and great manors lie enumerates were soon afterwards be- 
 stowed on gentlemen of English birth, who took up their 
 residence in Ireland, as the Colcloughs, at Tintern, and 
 the Itchinghams, at Dunbrody. 
 
 THE VERDYT OF THE HEDDES AND COMYNERS OF THE TOWNE 
 
 OF CLONMELL. 
 
 [1537. Oct. 18. N\ 38.] 
 
 BENNET WHYTE, JUR. 
 RICHARD FYTZ THOMAS WHITE. > WALTYR POER. 
 
 WILLIAM FAGAN. | JUR. JOHNMOLERNY. | JUR. 
 
 RICHARD FYTZ JOHN WHYTE. / TYBALDE WHYTE. ' 
 
 JOHN STRYCHE. i WILLIAM LAYMAZ. 
 
 JAMYS WHYTE. j JUR, CORNELL BRATHE. > JUR. 
 
 WALTYER WALLE. JOHN CORRE. ) 
 
 NICHAS M?THYE. 
 
 MORYCE QUYRKE. |jUR. 
 
 JAMYS QUYRKE. ' 
 
 This Inquyre is for thes ii yeres past above the date above wry- 
 tin, and SO we gyve o' ^dyt. 
 
 Fyrste, as twicheing coynes and ly^yes sesseid, we have inquyrid 
 and founde that the Erie of Osserye and the lorde Janiys Butler 
 doo assesse coyne and ly^ye w*oute thassent of the freholders. 
 
 We fynde that S"^ Thomas Butler, knight, useid t assessid coyne 
 1 ly9ye, and that the sayde Thomas useith to assesse his hounteris 
 % kerne to coyne t ly^ye upon the countrey, horsse knavis 1 horse 
 boys w'oute paying any monye to the Inhibytaunts of the same, all 
 the funnkelins and gentyllmen under protexion % govern'^nce useith 
 the same. 
 
 We fynde t psent that when tyme as pleaseith thaforesaide 
 lords and gentyllmen to be at any buyldeing of any castell or works 
 they do assesse the*^ tennts under ther go^naunce to have workemen 
 and horseis to labor w'oute gyveyng of meate or paying any money, 
 
and of Head Men and Commons of Town ofClonmel. 245 
 
 and they set ther masons and carpinters to coj-ne upon the tenants 
 e9j holly dayes. 
 
 ItiTfi, they fynde when it pleaseith the said lords and gentillmen 
 to have any tayllors for to have worke or garments to be made, 
 they use to sett them at coyne upon ther ten'^nts in holly dayes. 
 
 Itiii, they fynde that the Erlle of Osserye t S"" Thome's Butler 
 usith takeith \ assesseith upon evy ploughe a bushell of otys in 
 somer tyme for ther pryncipall horseis. 
 
 Itm, they fynde that idell men % vacabounds goyth in the 
 counf^ye and takeith meate 1 drynke, paying no money therfor. 
 
 Itm, they fynde that therle of Ossery and his sonnes, and 
 also S'^ Thomas Butler, useith 1 takeith supps callid cuddyes^, 1, as 
 well the lords spuall 1 under ther governaunce, as all others useith 
 the in comyn. 
 
 We fynde that the Blackbedds'', when tyme any assesseing of 
 Coynes and ly^ye is sett by the foresaide lords advyce as to saye to 
 the lord of Ossery's marshall, namyd GefFery Mawelorke 1 Jamys 
 M"^Davy, for the galloghis and murcialls for S"" Thomas Butler, 
 namyd John Mawelorke t Walter P'ndregast useing blackbeds. 
 
 Itm, the sayde jurye fynde that thoffiSes of the lybertie hathe 
 not executed the kings lawes agaynste Waltyer Butler whiche was 
 endytied in the assyse, wherof growith muche inconvenyensye % 
 injurye don by the said Waltyer Butler of Polkyr,'' which ewas wyth 
 them, and mought be taken yf the senyshall t shryfe wolde have 
 don ther office and duetye, for the said Waltyer dayly was under 
 ther jurisdiccon. 
 
 Itm, they fiude that all lords % others haveing domynion w'in 
 this Quarter useith to have Iryshe judges for ther advantage. 
 
 Itm, they fynde that Shane FytzTybbalde of Mowskry makyth 
 his pclamations that no mket may be solde nor shalle not be solde 
 out of his shyre but to Jamys White and Edmud Quyrke, 
 and then paying e9y of them a fyne x* yerely. 
 
 ■ Cuddye. Cuid-otdcJie, i. e. a por- '' Blackbeds, i. e. charges for dead 
 
 tion for a night, or supper. The word or non-existing men. 
 
 supper seems to derive from supping a ' The Castle of Poulakerry, on the 
 
 mess of potage, or soup. Suir, about three miles below Clonmel. 
 
246 Presentrnents of the Gentlemen^ etc., of Co, Tipperary. 
 
 Itm, they finde that Jamys White, nlch^unte, useith 1 hathe 
 graye nlchants regrateing the Sket ; Thom'^s White % John 
 M Jthye useyth the same. 
 
 Itm, they fynde that dy9se of Wafforde 1 others goen from 
 vyllage to vyllage, so that the nlkets be hynderid 1 lost in this 
 Quarter, that no vytaylle nor Schandyse may be gotyn for any 
 money, p'^ying yoiire dyscrete wysedoms of a reraydy breifely. 
 
 Itm, they fynde that DonyllM'^Kraghe^of the Mountayn hathe 
 ordyned 1 establysheid that none of his tenants shalle selle nor bye 
 any hyds but to hymself at a certen pryse for his owne avantage. 
 
 Itm, they fynde that S' Thomas Butler, knight, Nychas Keteing, 
 1 Nychas Town, Jamys Keteing of the Mortown, Jamys Englyshe 
 of Whytchurche, the Pryor of the Kaghes, the Prior of o"^ Lady 
 Abbey, John Mawelorke of Donnes Town, Thomas P^ndregast of 
 the new Castell, RoBt M'^Shane P'^ndregast, Rot)t Keteing of Ar- 
 dysman, % all others w4n this shyre in the cantred of Clonmell that 
 have any town or village under his go9naunce, w' one assent 1 as- 
 sembleing before S' Thomas Butler as go9ner of them, hathe af- 
 fyrmed t establysheid % enacteid that none under ther govnaunce 
 nor jurisdyccon shall sell or bring any wolle, fleshe, or other nlchan- 
 dyse oute or fro any towne or vyllage to Sket towne of the kings, 
 wythoute speciall lycence. And so this acte made by comandym' 
 t penaltye to be leved of the seller w'oute grace. 
 
 Itm, they fynde that when tyme any greate capytayn or gentill- 
 man repayre or is lodgeid av* gentyllmen of the countrey, that it is 
 useid to take bewer of the tenants of the countrey callid m 7 tyeght, ^ 
 and paying no money therfor. 
 
 Itm, they fynde that S"" Thomas Butler hathe t levied a sub- 
 sydye or trybute upon all his tenants to be dely9yd to the lorde 
 Jamys Butler for his affayres into England, and more they fynde 
 by credence t hereing that suche trybuts was cesseid 1 levyed in 
 the countye of Kylkenny and Slawardaghe. 
 
 *Magrath? Probably Magrath, chief •> Martyeght. Mart-iiyhe^ i. e. beef 
 
 of a bardic familv. for the lord's house. 
 
and of Head Men and Commons of Town ofClonmel. 247 
 
 Itm, the saide jurye fjnde that this psent yere the viii'*^ daye of 
 Julye Waltyr Butler of Polkyn, and Shane Brctnaghe, Waltyr 
 Bretnaghe of Rochystown is sonne, w* a Rowte of kerne and thevys 
 by nyght forceibly toke oute of a bote h^den w' mlchandyseis in the 
 ryver besyde the key of Clonmcll a fardell of clothe and m7chaun- 
 dyse valued at xvi' costs and all. 
 Extorcyoners, 
 
 Shane Duffe of the countye of Typaf. 
 
 Shane Grasse of the countye of Kylkenny. 
 
 Tybalde Hooyr of Kyltenan. 
 
 Shane Fytz ps of the Rowskaghe. 
 
 Richard Butler of Polkyr. 
 
 So wen Okyve pryst. 
 
 Remounde Fytz Garrot of Glanehoyr. 
 
 Richard Englyehe of Kylkhoran. 
 
 Edmud Archebyshop of Cashell and his folowers hathe comyt- 
 ted ryoute. 
 
 Itm, they finde that the cessions is kept at the lords wylle, 't not 
 at iiii tymes by the yere. 
 Murder. 
 
 Itm, they fynde that Arte Hoge m^'therid Shane Conden, Maw- 
 clerk is sjuant this p'sent yere in the moneth of July. 
 
 Itm, they fynde that GefFery Mawclerk is towne hath m'^therid 
 the said tyme, in revengeing of the aforesaide m'^der, a husbondman 
 of John Mawclerk of Bayllykhleryan. 
 
 Itm, they fynde that Donyll M'^Swayne hathe m'^therid one 
 William Morowzo. 
 
 Itm, they fynde that Edmud Ivoyr hathe shlayne George Baron 
 by chaunce this p'sent yere. 
 
 Itm, of the enormyties, they fynde that S"" Thomas Butler do 
 use t assesse and levye a shepe of cvy flock of shype in his coun- 
 trey when tyme that any of his doughters is maryed, thes enorniy- 
 tyes ben useid paying nothing therfor, and this is useide xxx myles 
 rounde aboute w* evy lorde t gentyllman. 
 
 Itm, of the werys made from Clonmell to the Carryk the greate 
 
248 Presentments of the Gentlemen^ etc., of Co. Tipperary, 
 
 daunger % enormyties of them, that bothe men t goods byn dayly 
 in daunger of loseing, 1 by west toun into the cahyrd." 
 
 Itm, they fynde that Carryk takeith unlawfull customes dayly, 
 cont^rye to all goode ordre t right of all suche bootys w' Schan- 
 dyseis not chargeid nor dyschargeid w*in thefruncheis of the towne, 
 whiche the kings deputye awardeid agayne them, whiche one Fitz 
 Wiltm, as custyraer to the lorde of Ossery, policy th 1 takeyth dayly 
 the said wrongfull customes. 
 
 Itm, they fynJe that the Byshop of Lysmore % Wa?forde and 
 Robert Remon, clerke, and M' Moryce hyerlyez, the said byshop is 
 officiall, hathe takyn in one mater 1 cawse of matrymonye for fee 
 of sentence viii' of money. 
 
 Itm, they fynde that the Abbaye of Innyslawenaghte besides 
 Clomell of great enormytie usethe no devyne slvice, but fewe masses 
 by verbe ; And the Abbot of the same using hys leman or harlot 
 openly by dale and night to his pleasure, and e?y monke of his 
 havynge his harlot and houshold ; And the said abbot is possessed 
 of xx' lande erable, besids mountaignes and woods, also we ar 
 not 8teyn whether the Abbot holdeth by ^vision or not. 
 
 Itm, we fynde the p'ory of the Cahir having no devyne sJ vice, 
 % we be not 8tayn of his possessions bat v plowe lande, and is a 
 visor out of Rome. 
 
 Itm, the p'oresse of Mollaghe, holdeth p'ndregast of the newe 
 casteli w* coyne t livey t a nights supp, af? the maS 1 unlaw- 
 full use of the countrey, havyng a plowlande. 
 
 Itm, we fynde that the p'or of o' lady Abbaye of the freors kar- 
 mys useth to have his leman and harlot openly, and no devyne 
 s'?vice, having a ploughland. 
 
 Itm, we fynde the p'ory of Athashell, Edmond Archiebishop of 
 Casshell, hathe pvided oute of Rome, t we know not whither it be 
 by the kings licence or not. And the said abbaye, as by hering of 
 o"^ p'decessors, is infeffed of xiiii knights lands 1 ccc'in tythes 
 oblacyons, having no devyne s/vice, but fewe masses, w* iiii chanons, 
 and some of them using % having wlfs and childern. 
 
 * i. e. They complain of the weirs built in the Suir, west of the town, np to Caher. 
 
and of Head Men and Commons of Town of Chmmel. 249 
 
 Itm, we fynde that the Abbay of the holly crosse is oi" xx plow- 
 landc, and may spende ccc' In oblacyons t tythes. 
 
 Itm, we fynde that the Abbaye of Hooghuyr on this side of 
 Lymerik is of more possession of lands then we can fynde by en- 
 query. And this to put yo"" high auctorities in remembraunce. 
 
 To the kings highnes Comissioners xcHn this lande of Ireland. 
 
 Thies Bylles are founde to be trewe by the verdyt of the hedde 
 % Coniyns of the towne of Clonmell aforesaide. 
 
 Grevously complaynyng, sheweth unto yo"" discrete wisdomes % 
 high auctorities yo^ poore humble 't daily orator, Robert Donyll, 
 freman t dweller w*in the kings towne of Clonmell w'in the said 
 lande, That where as he laboring trewly for his living in England 
 cam home w' his living, and at his goyng towards his dwelling 
 place of Clonmell aforsaid in the river of \\'^aterford agaynst Kyl- 
 mydan, w*in foure myles of the said citie, cam the Archiebishop of 
 Casshell w* force, and tooke riotously yo'" poore suppliaunt (w* 
 many others) with his goods to the value of viii' t more, t ym- 
 p'soned hym the space of ix weks, to the utter undoing of yo"" said 
 poore suppliaunt his wif 1 childern, And this contrary to lawe t 
 right, as yeshalbe credybly heraftJ enformed by sufficient recorde. 
 
 It maye therfore please you of yo'" chary table goodnes to see yo*" 
 poore suppliaunt restored to his trewly begotten goods, t the da- 
 mages that he hath susteyned by reason of the said ryot, and this in 
 the waie of charitie, seeing that yo"^ said suppliaunt is not able 
 otherwise (as .by lawe) to obtaigne his goods. And your said sup- 
 pliaunt shall praye to God for yo'' pspous estats longe to endure. 
 
 The some of the goods taken by the said Archiebishop from yo*" 
 suppliaunt the xvii daic of August, in the xxiiii yere of tlie kings 
 reign that nowe is, viii'. vI^ '\'iii'^ 
 
 We fynde this bill trewc. 
 
 U 
 
250 Presentments of Gentlemen^ etc., of Co. Tipperary, 
 
 To the kyngs highnes Comissioners within this land of Ireland. 
 
 In most humble wise complayneth unto yo"" Avisdomes yo"" dally 
 orator, Patrik Busher ofWaterford, ffichaunt, That where he hathe 
 been taken corny ng from the faireofCassell in the kings high wale, the 
 xxiiii y ere of o'' so^aignlordekynge Henry the eight, by thesm^nts 
 of S^' Thomas Butler, knyght, t his brother Piers Butler, tby them 
 deliv^ed % sent to their father[s] garyson called the Kahir, and from 
 thens removed t sent to the said peres castell named Kylma- 
 Hemerey, and there kepte 1 retaygned in irons both ov haude 1 
 foote xxi weks, unto suche tyme as he paied xxvi' vi^ viii*^ for fyne 
 \ raunsome, as he shall afl5rme[au] thentykly, in money t Schaund- 
 ises besides the damages % losse of tyme that yo'' said suppliaunt 
 hath susteyned duryng his said ymp^sonement, which he submitteth 
 unto yo"^ wisdomes, besecheth the same to considre, and thus in the 
 waie of charitie. 
 
 We fynde that Patrik Bussher paide a tonne of wyne t ii hun- 
 dreth iron. 
 
 The advyse for the redresse of the enormy ties aforesaide de- 
 vysed by the saide Jurye. 
 
 Oure best advise, after o'' symple dyscrecyons t most diligent 
 and faithfull maner, please it yo'^ right discrete wisdomis accepted, 
 of the good ordering of the lande of Ireland, if by your wisedomes 
 maye fynde the meanes. 
 
 That first coyne t li^ey be put bake, and the Inglishe lords t 
 trcAve subjects of Ireland be brought at one peax, and that none 
 may be at no se9all peaxf w' eny of the Irishe nacyons, but w' suche 
 Irishe nacions as is trewe t faithfull to the kynge and to his sub- 
 jects, 1 that then all Irishe nacyons under the kyngs lawes be obe- 
 dyent to the statutes % lawes pclaymed affyrmed by the kings de- 
 putie t his counsell, and that the bigge Irishe sherts'' be dampned 
 't put bak and brought to lasse making 1 facyon, And when tyme 
 
 * " The big Irish shirts" arc described by Campion. 
 
and of Head Men and Commons of Town of Clonmel. 251 
 
 is and may be by leasure after yo"" discrccyons that all Inglish 
 nacyons of Inglishe and Irishe be brought to one appell as nigh to 
 the Inglishe maner and facyon as may be, and that evy man be so 
 charged to soco'" ne favo*' no thieves nor Irishe rebelles, and that 
 e9y lord within his dominacon be charged to have weapon after the 
 best ma8 according as he maye occupie best, and evy man after his 
 degree answere the crye, 1 defende his neighbo'' the kings subjects, 
 t that e9y gentylman annswere for his s? uant in tlie countrey, that 
 useth Irishe man, God save o"" so^aign lorde kynge Henry the 
 eisrht. 
 
 To the right loorshipfull the kings highnes Cumissioners. 
 
 In most humble wise complayneth t sheweth unto yo'' wor- 
 shipfuU m''ships y"" daily orato"" t poore bedeman, Richard Graunte 
 of Fetherd, Burges, that where as afore tyme he was in the s?vice 
 of S'' John Arundell, ofthecountie ofCornewall, knight, and so 
 being in sjvice with the said S*" John, for that he was willing to see 
 his frends % the countrey where he was borne, he obtayned licence 
 to goo into Ireland where he was so borne to the entent before re- 
 hersed, and after that he had been there to retorne into Coniewall 
 ayene from Avhens he cam, wher upon he tooke shipping 1 arived 
 at Dungarvan, in Ireland aforsaid, and there at the same tyme, that 
 is to saye about ii yeres nowe passed, met wythe Edmond Mawrice, 
 gent, who for a 8teyn some of money bitwene the said Edmond 1 
 Richard agreed, upon communycacon had bitwene them, the said 
 Richard retaigned the said Edmond saufly to conducte and bringe 
 the said Richard t 8teyn goods which the said Richard had then in 
 his possession to Clonmel, of which conduccon % hire yo"" said ora- 
 tor hathe sufficient recorde 1 witnes. After which said conduccyon 
 1 hire, the same Richard, upon the truste and confydence that he 
 had in the same Edmond, went hymself with his goods toward 
 Clomell w' the said Edmond Mawrice, which said goods amounte 
 to the value of xl', And the said Edmond, notw^standing the 
 confydence and truste which the said Richard had in hym, in tlie 
 way bitwene Dongarvan aforsaid and Clomell, dyd w' ibrce % 
 
 U2 
 
252 Presentments of Gentlemen^ etc. ^of Co. Tipperary, 
 
 armes assaute the said Richard, \ hym dyd beate and grevously 
 wounde, and the same goods then being in the possession of the 
 said Richard, dyd f'elonously steale % bere awaye, t after the same 
 robery dyd convey the same goods so stolen to the towne of Rekyll, 
 And the said Edmond, with other company to yo"" said orator un- 
 knowen, dyd bringe yo*" said orator w' force to the said towne of 
 Rekyll, where Sir Thomas Butler, M"" to the said Edmond, then 
 intiited, % there the same Sir Thomas Butler imp'soned yo" said 
 orator 1 hym reteyned in p^sone by the space of half a yere, and by 
 force of the same ymp'sonement cupelled yo"" said orator to give hym 
 eight pounds % x^ Irishe for a rannsome or fyne, for the payment of 
 which rannsome % fyne yo'" said orator was enforsed to morgage his 
 lands, to his utter undoing 1 ymp^sonement. In consideracyon of 
 all the p'misses it maye please yo"" worshipfull iilship as well to c5- 
 m^unde the said Sir Thomas Butler to come before you to make 
 aunswere to the p'misses and to repaye the same viii^ x^ to yo*" 
 said orator, and to make hym amends for his fals and wrongful! 
 ymp'sonmeut, as also to cGmannde the said Edmond in like maS to 
 come before you to annswere to the p'misses t to enjoyne hym to 
 make resty tucyon of the same goods so by hym stolen from yo' said 
 orator, and that he may further be punished for his offence as shal 
 be thought by yo'' worships worthy for suche offences, and your 
 said orator shall daily praye to God for the ^spitie of yo'' worship- 
 full Sships long to endure. 
 
 We fynde % knowe that the fornamed Richard G'unte was taken 
 by one Edmond M'^Morish, and hym conveyed to S"" Tho- 
 mas Butler, 1 so ymp'soned 1 lost Steyn goods by bothe of 
 them, t suppose the said Ric' to be trewe, and moreoA^we 
 fynde tliat the said Sir Thomas Butler hathe taken a pipe 
 of wyne and a noble of money for the w*in named Ric', be- 
 side what the forsaid Edmond Fitz Morice hath taken. 
 
and of Head Men and Commons of Town ofClonmel. 253 
 
 The following List of the ''Gentlemen" (i. e. men of 
 blood and arms,) of the county of Tipperary, will serve to 
 illustrate the foregoing presentments; it is later in date than 
 the presentments made to the Commissioners of Henry 
 VIII., butas little changetook place in the landholders of the 
 county between the reign of that monarch and of Eliza- 
 beth, it is equally applicable to both. The Association is 
 indebted to W. J. O'Donnavan, Esq,, M. R. 1. A., for the 
 transcript of this interesting document. The presentment 
 of Kilkenny county was illustrated by a similar list, also 
 taken from the Carew MSS., but copied for the Association 
 by John Maclean, Esq., F. S. A. By a slip of the pen 
 it was stated at p. 93, supra, that the Kilkenny list was 
 also communicated by Mr. O'Donnavan. 
 
 \_Lambethi Careio MS. 611, p. 91.] 
 
 The Names of the Gentlemen inhabitin(je the Cotit. of Tippary 
 
 w*^ the extente of theire Lands hy esiimacdn as followeth : — 
 
 Lands houlden of the Manno^'^ of Knockgraffen and Kihkielan. 
 
 James Tobin and his kinsmen the comsie in the 
 
 canthred of Clonemell cP' 
 
 Richard Lout his lands v^' 
 
 WiUra Vale his lands xl" 
 
 Barnaby O'Nele xl" 
 
 John Nele his lands viij" 
 
 Donell O'Nele iiij" 
 
 EdmondVale .... vilj^' 
 
 WillmMeydole xP 
 
 Richard Butler and his kinsmen Ixvij^' 
 
 James Butler his lands Ixvij^* 
 
 Willm Fitz Richards lands xiij" vj' viij'^ 
 
 Edmond Butlers lands • • v^' 
 
 Philipp Vale his lands , v'' 
 
 David Welsh . - P 
 
 AVilliam Poer xx" 
 
254 Presentments of Gentlemen^ etc.. of Co^ Tipperary, 
 
 Patrick Slierlocks lands ........ x" 
 
 Edmond Fitz Richard v^j 
 
 Theobald Haked his lands xiij" vi viij*^ 
 
 Walter Fitz Thomas . . . • xj' 
 
 John Corre x^' 
 
 Geoffrey White xx^' 
 
 John Strich and Henry White xx^' 
 
 John Fitz Piers his lands'" vj" viij' iiij ^ 
 
 John Moukclerke his lands v" 
 
 Thomas Trevers and his kinsmen xl" 
 
 Sir Theobald Butler his lands, cccF 
 
 Piers English and his kinsmen xP 
 
 Thomas Fitz Theobald and his kinsmen . . xxx" 
 
 Robert Ketinge and his kinsmen xxx" 
 
 James Prendergast and his kinsmen .... cP 
 
 Morish English and his kinsmen xx" 
 
 Edmond English and his kinsmen ..... xxx" 
 
 John Ketinge and his kinsmen F' 
 
 Richard Ketinge and his kinsmen xP' 
 
 The Bishopp of Waterfbrd xx" 
 
 m" cccc xxxij'^ vj' viij'*. 
 
 Lands houlden of the Mannd''^ ofNenaghe^ Roscre, Templemore, and 
 
 Thurles. 
 
 The White Knight his lands there . . . . c^' 
 
 Walter Bourke and his kinsmen c" 
 
 John Bourke and his kinsmen xP 
 
 Onaght by the yeare x" 
 
 Odowire and his kinsmen ij*^ ij*^ '* 
 
 The Ryans theire lands cP 
 
 M°Brien arre his lands cP 
 
 Ormond and all the Kenedies iij*^ " 
 
 O'Caroll and his kinsmen in Ely iiij*" " 
 
 O'Meagher and his kinsmen in Ykyrin . . . c" 
 
 O'Kahill his lands xx" 
 
 John O'Forgertie and his kinsmen .... xP 
 
 ^ To make the sum total of this di- lands were valued should read vi" xiij' 
 vision correct, the amount at which those iiij. 
 
and of Head Men and Commons of Town of Clonmel. 255 
 
 Walter Bourke and his kinsmen xl" 
 
 James Aslipole'' and his kinsmen P' 
 
 Thomas Purcell and his kinsmen c^ 
 
 Kichard Reaghe Buttler xx^'" 
 
 James Fitz Richard Butler and his cosen . . xxx^' 
 
 Walter Archer his lands xl" 
 
 Edmond Fitz Thomas Heding and his kinsmens 
 
 lands xU' 
 
 Thomas Fitz John Butler and his cosen . . . xx'' 
 
 Miles Cantwell his lands x^' 
 
 Piers Cantwell his lands xxx" 
 
 Piers Butlers lands P 
 
 The Archbishopp of Cashell x" 
 
 mmP. 
 
 Lands houlden of the 3£anno^ of Kildenale in the Barony of Slieve 
 
 ardaghe. 
 
 James Butlers lands Ix^' 
 
 John Cantwell x'' 
 
 Eichard Cantwell xv" 
 
 Richard Cantwell vj" 
 
 Thomas Stoke xx'' 
 
 James Laffen and his cosen xxx'' 
 
 William Fitz James iij" 
 
 Thomas Butler and his kinsmen viij'^ 
 
 Richard Marvell xv" 
 
 Willm Fanninge • 1^' 
 
 William Fanninge xiij" vj^ viij'^ 
 
 James Mories v ' 
 
 ccxxxv" vj' viij^. 
 
 Lands hoidden of the Manno"- of Knochgraffen. 
 
 The Baron of Donboync his lands, .... iij= " 
 
 John Butler his lands xP 
 
 Theobald Butlers lands xxx'' 
 
 » Probably Arclibold. 
 
256 Presentments of Gentlemen^ etc.^ of Co. Tippera7'y^ 
 
 Robert Saint Johns lands xl'^ 
 
 Richard Saint John x" 
 
 Richard Vale xiij" vj* viij*^ 
 
 Piers Oge Butlers lands x" 
 
 Willm Bryth his lands vj" 
 
 John Brythin his lands vj" xiij' iiij'' 
 
 James Brithin his lands vj^ xiij' iiij*^ 
 
 Edmond Mouckclercke xP 
 
 Bdmond Comen and his kinsmen xxx^^ 
 
 James Comen his lands v" 
 
 Melaghlin O'Carran . x" 
 
 The Archbisshopp of Casshell xl" 
 
 Richard Salle his lands x" 
 
 Patrick Hackett x^' 
 
 Piers Hackett his lands x" 
 
 John Hackett viij^ 
 
 Edmond Hackett xv^' 
 
 Edmond Comen and his kinsmen xxx^ 
 
 Redmond Aylward xxx" 
 
 Richard Hackett x" 
 
 Tho: Vyn xv" 
 
 Robert Sawte xx^i 
 
 Theobald Fitz Thomas Butler viij" 
 
 Thomas Fitz Theobald Butler x^^ 
 
 John Bremingham his land • . v" 
 
 Willni Moncell vilj^ 
 
 Darby O'Carran his land vj" 
 
 O'Kearny his land x" 
 
 John Kearny his land x" 
 
 Theobald Ashpole xx" 
 
 Andrew Hackett xi" 
 
 James Fleming his land x 
 
 viij" xlij" xiij' iiij* 
 Su» tot"' y'f ix<= Iviij" 
 
and of Head Men and Commons of Toivn of Clonmel. 25 7 
 
 ICarew MS. 635, p. 55.] 
 Woodes and Fastnes in Leinster. 
 
 Grlandalour," a fastnes in Pheagh Mc Hughes country. 
 
 Shilelagh,'' S' Heniie Harrington, in tlie countic of Dublin. 
 
 The Duflxin'^ in the countie of Wexford. 
 
 The Drones'^ and Leuerocke in the countie of Catherlagh. 
 
 The Great bogg in the Kinges countye which reacheth to Li- 
 mericke. 
 
 The Fuse,*^ in the county of Killdare. 
 
 The woods and boggs of ^Mounster Euan.^ 
 
 Gallin,^ and Slewmarg^ in the Queen's county. 
 
 The Roury' nere S' MuUins, where the Nur and Barrow meet to- 
 gether and make yt halfe an Island. 
 
 Parte of Couslerarke,^ joyninge upon the countie of Killkenny. 
 
 * Glenmalure, in the county of Wick- 
 low. 
 
 '■ Shillelagh, now in the county of 
 Wicklow, was famous for its oak woods, 
 hence the proverbial name for an oak 
 stick, " sprig of shillelagh." 
 
 " The Duifrey, lying between Ennis- 
 corthy and the mountains. 
 
 ^ Idrone. Leuerocke has not been 
 identified. 
 
 = That is " the woody districts," from 
 the Ir. Pea6a, woods. 
 
 ^ Monasterevan. 
 
 g Gallen, in the King's County, a 
 district surrounded by bogs. 
 
 *" Sliemargie, the hUly district be- 
 tween the Queen's County and Carlow. 
 
 ' The Rower, county Kilkenny, natu- 
 rally a very strong fastness shut in by 
 the rivers Nore and Barrow and Bran- 
 don Hill. The name is derived from the 
 Irish ap pcba]^, the red land, probably 
 from the colour of the soil. 
 
 " Not identified. 
 
( 258 ) 
 
 PRESENTMENTS FOR THE COUNTY AND CITY OF CORK, MADE 
 IN THE YEAR 1575. 
 
 The county of Cork, lying remote from the metropolis, 
 was naturally reached later by any measures of reform than 
 the shires nearer the seat of Government. Although this 
 region had been sheared off from Gaelic rule, and erected 
 into a county at an early period, the Irish clans had so 
 overwhelmed it, that in the fifteenth century its Anglo- 
 Irish lords were nearly extinguished, and the King's laws 
 were only known within the walls of its chief place, the 
 city of Cork, and of Kinsale and Youghal. It appears 
 from Spenser [p. 24], that these advances of the Irish were 
 made under the leadership of a great warrior, named Mur- 
 rough O'Brien en Ranagh. However, by mistaking the 
 Duke of Clarence, brother of Edward IV., and Lord Lieu- 
 tenant of Ireland, for a former Duke of Clarence, he has 
 committed a wide anachronism of about a century. 
 Murragh en Ranagh, or na Reithinidhe, of a junior branch 
 of the O'Briens, lived in the reigns of Edward HI. and his 
 successor, as may be seen in Lodge's pedigree of the family, 
 and in the Annals of the Four Masters. Spenser's rela- 
 tion is remarkable, but perhaps on account of the above 
 error it has been overlooked by all the compilers of Irish 
 history. He tells us that Murrough overran all Munster 
 and Connaught, subverting all corporate towns that were 
 not strongly walled, as Inchiquin, Killalow, Thurles, 
 Mourne, Buttevant, and many others, and made himself 
 king, and was called king of all Ireland. The peasantry 
 about Mourne Abbey ruin have a curious version of 
 the destruction of the place. They say that the town of 
 
Presentments for the County and City of Cork, etc. 259 
 
 Mallow, five miles distant, was formerly there. There 
 is an inquisition relating to Mourne, taken in the 
 reign of Elizabeth, which might allude to these events. 
 The Annals of the Four Masters make comparatively 
 slight mention of Murrough, and say he died of the plague 
 in 1383, but he is mentioned some years later in the Close 
 Rolls. Leinster escaped his ravage by payments of money. 
 The government seem to have been entirely powerless 
 before him. ( See five orders on this matter in the printed 
 Close Rolls of 1 Ric. II., and others at the 8th and 17th of 
 the same reign.) 
 
 The fact of the great decay of the English power in 
 Munster is curiously evidenced by the ensuing passage 
 from Campion's " Historic of Ireland," quoting an ancient 
 and remarkable letter, from the Records of Christ Church, 
 Dublin : — 
 
 "In this Kings raigne, [Henry IV.], the inhabitants of the 
 county and towne of Corke, being tyred with perpetuall oppressions 
 of their Irish borderers, complained themselves in a general! writ- 
 ing, directed to the Lord of Rutheland and Corke*, the King's 
 Deputy, and to the Councell of the Realme, then assembled at 
 Divelin, which letter because it openeth the decay of these partes, 
 and the state of the Realme in times past, I have thought good to 
 enter here as it was dehvered me, by Francis Agard^ Esquire, one 
 of her Majesties privy Councell in Ireland. 
 
 " ' It may please your wisdomes, to have pittie of us the Kings 
 poore subjects, within the county of Corke, or else we be cast away 
 for ever, for where there was in this countie these Lords by name, 
 besides Knights, Esquires, Gentlemen, and Yeoman, to a great 
 
 "Edmond Plantagenet, grandson of been viceroy of Ireland. He left no 
 
 Edward III., was created Earl of Rut- issue. Richard Plantagenet, Duke of 
 
 land and Cork, 13 Ric. II. (1390). Ho York, bore the same titles, and was 
 
 was killed at the battle of Agincourt, Lord Lieutenant of Ireland in the year 
 
 in 1415 ; and does not appear to have 1449. 
 
260 Presentments for the County and City of Cork, 
 
 number, that might clispend yearlie 800. pounds, 600. pounds, 400. 
 pounds, 200. pounds, 100. poimds, 100. markes, 20. pounds, 20. 
 markes, 10. pounds, some more, some lesse, to a great number, be- 
 sides these Lords following. 
 
 " ' First, the Lord Marquese^ Card^' his yearely revenues was 
 besides Dorzey Hauen and other Creekes, 2200. pounds sterling. 
 
 " ' The J^ovd BarnevaW of Bearehaven, hisyearely revenues was, 
 besides Bearehaven and other Creekes, 1600. pounds sterling. 
 
 " ' The Lord Vggan^ of the great Castle, his yearely revenues was, 
 besides havens and creekes, 1300. pounds sterling. 
 
 *' ' The Lord Balram of Emforte, his yearely revenues was, be- 
 sides havens and creekes, 1300. pounds sterling. 
 
 " ' The Lord Courcy of Kilbretton*^ hisyearely revenues, besides 
 havens and creeks, 1500. pounds sterling, 
 
 " ' The Lord MandeviU of Barrenstelly his yearely revenues, 
 besides havens and creekes, 1500. pounds sterling. 
 
 ^ This term was applied to Barons, 
 who were lords marchers, or governors 
 of frontier districts. 
 
 '' Sir George Carew, Earlof Totness? 
 mentions his Anglo-Irish ancestors as 
 Marquesses Carew ; and Sir Warham 
 St. Leger, of Kerrycurrihy, observes, 
 in a state paper of 1589 : — " The Great 
 Cogan, the Marques Caroo, Yfee Ste- 
 phens, Desmond, «S:c., some enjoyed 
 40,000 marks yearly revenue." 
 
 " The Barnewelles came from the 
 place of that name in Western Nor- 
 mandy, and were settled at an early 
 period in the Pale. They seem to have 
 emigrated from the Pale into Cork. 
 We find Barnewelles of the Pale men- 
 tioned long before those of the County 
 Cork. (See Lodge, vol. 6, p. 22.) 
 
 ^ Cogan became Goggin and Gaggin 
 in many branches, some of whom have 
 resumed the form Cogan. Holing- 
 shed spells this name " Wogan," but 
 
 erroneously. Sir John Wogan, the 
 well-known Lord Justice of Ireland 
 in the time of Edward II., was pro- 
 bably an Englishman. Among the 
 barons summoned to the Parliament of 
 Ivilkenny by writs, tested by Wogan, 
 was John de Cogan. (See Ljaiche's 
 "Legal Institutions of Ireland," p. 312.) 
 The Lords Cogan of the County Cork 
 descended from the famous invader, 
 Myles de Cogan, whose name was taken 
 from the place of this name in Glamor- 
 ganshire. The " great castle" was 
 CaiTigaline, alias Beauvoir, as to which 
 there is a curious legend, illustrative of 
 the extinction of these Lords Cogan. 
 
 ^ Kilbritton Castle passed from the 
 Lords Courcy to the Irish sept, 
 M-^Carty Pteagh. 
 
 ^ There was also a baronial family 
 of Mandeville in Ulster, but almost 
 extirjiated by Bruce's invasion, which 
 was bravely opposed by their chief. 
 
made in the year 1575. 
 
 261 
 
 " ' The Lord Arundell^ of the strand his yearely revenues, be- 
 sides havens and creekes, 1500. pounds sterling. 
 
 The Lord Baron^ of tlie Guard his yearely revenues, besides 
 havens and creekes 1100. pounds sterling. 
 
 " 'The Lord Sleynie" of Ballimore his yearely revenue, besides 
 havens and creekes, 800. pounds sterling. 
 
 " ' The Lord i^oc/ie*^ of Poole-castle^ his yearely revenue, besides 
 havens and creekes 1000. pounds sterling. 
 
 " ' The King's Majesty hath the lands of the late young Barry 
 by forfeiture, the yearely revenue whereof, besides two rivers and 
 creekes, and all other casual ties is, 18000. pounds sterling. 
 
 " ' And at the cud of this Parliament, your Lordship with the 
 Kings most noble Couucell may come to Corke, and call before 
 you all these Lords and other Irish men, and binde them in paine of 
 
 * The name of Arundel is hardly met 
 with in our archives. Smith says, in 
 his " History of Cork," that the remains 
 of Arundel Castle, on the strand of 
 Ibawn, are still to be seen. Spenser 
 notices the decay of this lord. 
 
 ^ Lord Barrett, of the Guard. This 
 family came from South Wales. Some 
 settled in Connaught. This Cork house 
 is that of which the anecdote is told of 
 Hugh O'Neill, Earl of Tyrone, who, on 
 his being pointed out the residence of 
 Barrett, as of an Anglo-Irish Catholic 
 lord, whose ancestors had come over 
 four hundred years before, replied that 
 lie hated the churl as much as if they 
 had come but yesterday. 
 
 " Lord Sleynie, of Baltimore, may 
 have been Steinie, or Fitz Stephen, a 
 descendant of the first invader, Robert 
 Fitz Stephen. Gerald Fitz James Mac 
 Sleynoy, captain of his nation, in the 
 cantred of Imokilly, County Cork, sold 
 Rostellan Manor, in 1565, to John 
 Geraldine. [Patent Rolls, 5 James I. 
 p. 117.] Certainly, this surname, 
 
 however spelt, was identical with the 
 " Yfee Stephens"' mentioned, in 1589, 
 by Sir Warham St. Leger as the name 
 of one of the ancient magnates of Mun- 
 ster. Stephenson became one form of 
 this family's surname. We find an 
 Edward or Edmond Stephenson, of 
 Dungarvau, County Waterford, whose 
 daughter was second wife of Sir Ro- 
 bert Carew, of Garrivoe Castle, in the 
 County of Cork, Knight, living temp. 
 Car. I. 
 
 ^ Roche of Poole Castle was Viscount 
 Roche of Fermoy. 
 
 •' Shippool Castle (?), near Innishan- 
 non, now the property of the Henicks. 
 Philip Roche, of Kinsale, obtained a 
 licence from Henry VHL, in 1546, to 
 bring provisions from England, " to the 
 intent that the said PhlHp Roche, &c., 
 should buylde a castle near unto the 
 ryver Glasselyn, in Co. Cork." This 
 castle, a great part of which is still 
 standing, was completed within three 
 years. It is called by the Irish, Poul- 
 na-Ionff. 
 
262 Presentments for the County and City of Cork^ 
 
 losse of life, lands and goods, that never any of them doe make 
 warre upon another, without licence or commandement of you 
 my Lord Deputy and the Kings Councell, for the utter destruction 
 of these parts, is that onely cause, and once all the Irish men and the 
 Kings enemies were driven into a great valley, called Glanehought,^ 
 betwixt two great mountains, called Maccorte, or the leprous 
 Hand," and their they lived long and many yeares, with their white 
 meaf^ till at last these English Lords fell at variance among them- 
 selves, and then the weakest part tooke certaine Irish men to take 
 his part, and so vanquished his enemy, and thus fell the English 
 Lords at variance among themselves, till the Irish men were stronger 
 then they, and drave them away, and now have the whole country 
 under them ; but that the Lord Rochey the Lord Courcy, and the 
 Lord Barry onely remaine, with the least part of their auncestors 
 possessions, and young Barry is there upon the Kings portion, 
 paying his Grace never a penny Rent. Wherefore we the Kings 
 poore subjects of the Citty of Corke, Kinsale, and Yowghall, desire 
 yourLordship to send hither two good lustices to see this matter 
 ordered, and some English Captaines with twenty English men, that 
 may be Captaines over us all, and we will rise with them to redresse 
 those enormities all at our owne costs, and if you doe not, we be all 
 cast away, and then farewell Mounster for ever. And if you will 
 not come nor send, we will send over to our Liege Lord, the King, 
 and complaine on you all.' Thus farre the letter. 
 
 " And at this day the Citty of Corke is so encumbered with 
 unquiet neighbours of great power,^ that they are forced to watch 
 
 • Glanarought, viz., Glenaroughty, ^ In August, 1548, the Mayor of 
 
 the great valley near Kenmare. Cork writes to the Lord Deputy, in- 
 
 ^ The Lepers' Island, where lepers forming him, among other particulars, 
 
 lived secluded, as in the many "Lizard's that one Tyrry, a bailiff, on going to 
 
 Points," i.e. promontories set apart for Lord Barrymore to claim lauds with- 
 
 lazars. This demonstrates the seclu- held by his lordship's clan, was " mur- 
 
 sion of this last fastness of the Munster dered by 23 foynes of an Irish knife, 
 
 Irisli. given him into the very heart." In 
 
 <= White-meats is a term still in use reply, the Viceroy says he "will 
 
 to express milk and butter, which are speak to the Earl of Desmond," to 
 
 allowed during Lent. see the murderers punished. A some- 
 
made in the year 1575. 
 
 263 
 
 their gates continually, to keepe them shut at service timeSj at 
 meales, from sunne set, to sunne arising; nor suffer any stranger to 
 enter there with his weapon, but to leave the same at a lodge ap- 
 pointed. They walke out for recreation at seasons, Avith strength 
 of men furnished, they match in wedlock among themselves, so that 
 welnigh the whole city is allyed together. It is to be hoped that 
 the late sent over Lord President of Mounster, Sir John Parrott, 
 who hath chosen the same place to abide in, as having greatest 
 neede of a Governour resident, would ease the inhabitants of this 
 feare, and scourge the Irish outlawes that annoy the whole region of 
 Munster, pp. 94-96." 
 
 The citizens of this splendid sea-port town, who so 
 
 what similar case occurred in the Co. 
 of Cork, so lately as 1740, when Mr. 
 John Swete writes from Greenwich as 
 follows : — " Dear Brother — My uncle 
 has ordered me to signify to you he had 
 a letter lately from our sister Ann, com- 
 plaining of the barbarous treatment her 
 husband met with at Killglass, where, 
 upon only demanding the interest due 
 to him in right of his wife. Cousin 
 Ben Swete fired a pistol loaded with 
 ball at him," &c. This Ben Swete's 
 son was High Sheriff of the County of 
 Cork, in 1799. It does not appear, 
 however, that the shot took effect. 
 The recipient of the letter transmitted 
 a copy of it to the delinquent, among 
 whose papers it has remained. The 
 brother of the latter (John Swete) in 
 the same year applies to him for 
 interest money, and as he was Mayor 
 of Cork in 1758, and also father-in- 
 law of the famous Henry Sheares, we 
 add what he writes: — "Cork, 23rd 
 Febru.iiy, 1740. — Dear Brother— As 
 Mr. Winthrop is so kind as to ofier me 
 a sum of money at the current interest, 
 
 if he was secured, and as it's high time 
 for me to look about and do something 
 for myself in order to get an honest 
 livelihood, that I should not be an in- 
 cumbrance to my relations (for without 
 a sufficiency, one has but a dull re- 
 ception to visit on courtesy to most 
 friends), therefore I must beg the favour 
 of you (if you regard my interest), that 
 you will bring when next you come to 
 town your account with me in order to 
 settle, as I'm sure it's high time. It's 
 hard to have neither interest or prin- 
 cipal paid me. You're sensible my 
 calling requires a stock, and that 
 I cannot put myself forward in the 
 world without having my fortune paid 
 me or some part of it, as I can put it 
 to much better advantage than to have 
 it at interest. I can't tell if my uncle 
 will give me more than he has, so I in- 
 tend to carry on my business with what 
 I can put together of my own stock, and 
 pursue the world for a maintenance. 
 I am, with great regard, your affection- 
 ate brother, John Swete. — Addressed 
 to Mr. Benj° Swete, Killglass." 
 
264 Presentments for the County and City of Cork, 
 
 boldly threatened to complain to the Crown against the 
 Lord Lieutenant, did not improve their character for loy- 
 alty by the part taken in the matter of Perkin Warbeck, 
 whose cause was warmly espoused by their Mayor. The 
 true surname of this official, who is styled in history, 
 O'Walter,'' is mentioned in the ensuing record. Otherold 
 surnames in this city became naturally corrupted. The 
 Myagh family, originally it would seem Celtic, changed 
 their name to Meade ;*> and Golys became Gould. 
 The original record of the oath of fealty, taken by the 
 citizens of Cork after Perkin Warbeck's affair, is preserved 
 in the Public Record Office, London. The document com- 
 mences : — 
 
 " The othe of the Citesyns and coes of the Cite of Cork and the 
 Towne of Kynsale, made unto our so?ayn Lord Kyng Henry the 
 Vir'', the XV day of October the yere of the reyne of our said sov 
 lord, the xiii, before the right noble Lord Gerald, Erie of Kyldare, 
 Depute Lieutenant of Ireland and the Kynges Counsell of the 
 same." 
 
 The signatures are " John Wat', Mauric' Roche, Armig', 
 Thomas Sheperd, Edw' Tyrry', Joh' Lawallyor, Jac', 
 
 '"Walter," was the name. It is gent., and James Waters als. Mac I 
 now " AVaters." In the great island Watiarig of Waterstown, gent., touch- 
 on Cork harbour, on the ruins of a ing the right of Ballinwatiarig ats 
 castle called Waterstown or Watertown. Waterstown, Kilemuckerie, Bally 
 88 Eliz. James Water ats. M" I M'-Rorane in Barries Island, Co. Cork. 
 Watiarig de Ballinwatiarig, in the Both parties submitted to the award of 
 Great Island, Co. Cork, granted to Thos. Sanfield of Cork, Aid., and Ed- 
 ^Mainea Romajaie, Ballinwatiarig and mond Barry of Ballynegall, gent., &c. 
 Kelemuckerie, in said Island, on a >= Yet there is very early mention of 
 bond for twenty-three pounds. Oc- tliis name in Latin documents as " de 
 Uiher 1, 1595.— A controversy arose Midia," the name of the province of 
 between Moris Eonayno of Cork, Meath. 
 
made in the year 1576. 265 
 
 Myagh, Will' Golys, Edw' Golys, Will Tyrry, Gerald G0I3 s, 
 Ric' Galwey," &c. 
 
 Several feudal and Gaelic exactions, once customary in 
 this shire, are noticed in certain documents published in 
 1853, in the " Gentleman's Magazine." These records are 
 ancient deeds between the Lords Barrymore, and one of 
 the Tyrrys of Cork, containing freedom from, and reserva- 
 tion of, certain exactions, such as " Cwmry" or " Curnry," 
 " Aghyny," " Soryhyn,"or ''Sorghyn,'"' Conhyi't,""Srach," 
 " Rahgrynty" or "Kehyryey," " Ryell Serviss" (viz. royal 
 service), "Kynduoff," and " Kehyrynty." 
 
 The first Earl of Desmond was the first nobleman of 
 his rank that rebelled against the Crown, and raised him- 
 self and family to great power by adopting Irish exactions. 
 In 1345, Lord Justice UlFord subdued "Mac Thomas 
 More," Earl of Desmond, and seized the person of his 
 Seneschal, whom, having exercised, held, and invented 
 many grievous, foreign, and intolerable laws, he caused to 
 be hung, and his quarters suspended in divers parts of 
 Munster,** in memory of his tyranny. 
 
 According to Dowling, the eighth Earl of Desmond 
 was the first who burdened the counties of Waterford, 
 Cork, Kerry, and Limerick, with Irish impositions, such 
 as "mercuniis, carragiis, pedagiis, et customis;" and this 
 annalist says, that the Earl was executed in 1462, on 
 account of these exactions, and for outrages against the 
 King's peace and laws. The following copies of two docu- 
 ments in the State Paper OflSce, written at the time of the 
 extinction of that great house, elucidate the nature of the 
 various exactions levied by these Earls and other Anglo- 
 
 ' Clyn's Annals. 
 X 
 
266 Presentments for the County^ etc., of Cork, 
 
 Irish chieftains, and thereby explain the general scheme of 
 these presentments : — 
 
 1587. Names of Rents., in ■inonetj, victuals, and customs, lohich 
 tvere due to the late Desmond. 
 
 Shraughe. W'^'^ is a yearlie rent in sterlinge mony. 
 
 Marte. It is a yearelle rent of beofe. 
 
 Cheeffrey. It is a rente certaine uppone lande, paionge l.alfe face 
 
 money, aV^'^ is the third p' better then sterlinge." 
 Choyney. A charge of meate % drincke for the time sans nomi. 
 Lyvery. A charge of horse w''^ otcs, corne, haie, and strawe, &ans 
 
 nomb. 
 Kearnety. A charge [of] iii® iiii*^ or iiilHippon a plowlande, towardes 
 
 the maintenance of the Earle's kerne, c. cc. or ccc. men, 
 
 more or les. 
 Sorren. A charge set uppou the freeholders landes for a nonit) 
 
 certaine for certaine dales In a qarter, of galloglasses. 
 Galloglas. A nomt) of soldiers, to put the contrie to charge, 
 
 bearinge axes. 
 Kearne. A nomt) of soldiers to aide 1 assist the Justices, sene- 
 
 shalls, receavors, stewardes of courtes, 1 serjeantes, in the exe- 
 
 cucon of the lawes and customes of the contries and terretories 
 
 of the said late Earles, for the rule and governemeut of his 
 
 people and landes, and the receavenge, leauienge, and gatheringe 
 
 of his reveewes. 
 Bonnibeg t Bonugbar : were soldiers kept in readines as well 
 
 in peace as in Avarre, at the charges, w*'" meate, drinke,' 1 
 
 wages. 
 Muste.roon. A chai'ge set uppon thecontry to helpe the Earle in his 
 
 "vvorkes, w'"" cappells, garrons, % men at his owne will. 
 Taxe 1 Tallage, ats Southe. A conuocacon of all tenantes, free- 
 holders and inhabitantes, to helpe topaie the Earles dcbtes or to 
 
 helpe him to mony at his necde. 
 
 ' i. e. The silver shillings and groats of Philip aiul Mary, viz., 3 oz. fine 
 with the profile of Elizabeth, 9 oz. fine and 9 alloy. The latter weighed 130 
 to 3 alloy, coined in 1561, before which grains, and the former only 70, how- 
 year her "sterling" lialf-face money was ever, which would make the relative 
 of the same standard as the base monev value about as stated above. 
 
made in the year 1570. 267 
 
 Reecton. Is only repast and away. 
 
 Cosshery. Is a chardge of the Erie's peo})le for lodgingo xl., Ix., or 
 
 c. together under one roofe. 
 Cuddy. Is a charge of meales meate and diiiick, the time he hatlie 
 
 his people in Coshery. 
 Gillicree. Is as muche to sale in Englishe, as a stoode-keep allowed, 
 
 to be maintained by his tenants, 
 GiUycon. Is as muche to sale as dogg-keep, or huntseman, in like 
 
 manner allowed- 
 
 These exactions are more fully explained in the fol- 
 lowing State Paper, drawn up in May, 1589, by Sif Warham 
 St. Leger: — 
 
 The Nature of Soroiohen landes and other chargeable lands in 
 
 Ireland. 
 
 Sorroicheu doth warrant the Lorde to come once in everye foor- 
 teen daies with all his company without lymitation of an certeyn 
 number, to the lands and tenements founde by Office to be 
 charged therewith, and to take meat and drinck for him, and 
 his said Company of the inhabitants 1 freeholders of the said 
 lands the space of xxiv howers. 
 
 Gullycon, viz. the keepers t huntsmen of the Lords hounds are 
 warranted by that tenure to take by wave of cesse sufficient 
 meat and drinck for themselves % their said hounds of every the 
 freeholders inhabitants of the said country, so that they remayne 
 but one dale t night with every inhabitant or tenant. 
 , Gullycree, viz. keepers of the Lords stoode are warranted, with 
 their said stood, to come to the wast lands of the said coun- 
 try, and to pasture and graze upon the said wast land, t to take 
 meate t drinck of the next inhab''* for themselves, and to be 
 in number so many as please the Lord to appoint. 
 
 Cuddye, called a night sapper, doth warrant the Lord with such 
 company as pleaseth him to come to the lands charged with 
 that tenure, and to take meatt drink for him and his company 
 of the inliab" thereof the space of iiij meales at iiij tymes of 
 
 the yere. 
 
 x2 
 
268 Presentments for the County^ etc., of Cork ^ 
 
 Kerntye viz. the overseers 1 controwlers of the Sargeaunts, of 
 which Kerntye there shouUl be xii in number. They to ex- 
 amine the demeanours of the said Sargeaunts whether they de- 
 ceive the Lord of any part of his rent and duties, 1 to cesse his 
 horsemen % footmen from tyme to tyme, and in consideration 
 thereof they may take meat % drinck of the inhabitants of the 
 said country. 
 
 South is that the Lord, towards his maynteynaunce eyther to 
 Dublyn or to any corporat townes, he may impose his charges 
 upon the inhabitants of his country, and in like sort he may dis- 
 tribute among them his chardges bestowed in receiving the 
 Governor, or anye other straunger of countenance, into his 
 house. 
 
 Mustron is when the Lord hath any wourck to buyld, then every 
 inhabitant so to help with his own laboure during the said 
 wourck. 
 
 Conneice t Lyvery is to exact impose % take horse meat, t mans 
 meat, t boyes meat of all the inhabitants in the countrye, so 
 long as please the lord. 
 
 Besides xiij^ iiij'' sterling out of every plowe land inhabited, t 
 vi' viij'^ cesse of every waste plowland.^ 
 
 ' It is to be observed that the above fend me.'' " He remarks that the statute 
 
 exactions were the only rents which against these exactions was unjust to 
 
 tenants paid for their land. Spenser the landlord, and truly enough, as he 
 
 (p. 53), says, " they were never wont, was entitled to no other rent. There 
 
 and yet are loath to yield any certain were somewhat similar exactions in 
 
 rent but only such spendings, for their England at that time from copyhold 
 
 common saying is, ^ spend me and de- lands. 
 
made in the yea?' 1576. 269 
 
 The Presentment of James Ronane and his associates at the 
 Sesslioiisl houlden at Corke before S"" lV[iiliaTn] Drewry Knight 
 Lord President [of] Mounster and other his asis[tants'\ in October 
 1576. 
 
 Wee present that the Erie of Desraound the ix^*^ of June in the 
 xviii^'^ yere of the Queens Ma's's Raigne that nowe is, haith sett 
 nyne scorre men and certaine horses uppon cony and lyvery uppon 
 the freehoulders and inhabitaunce of Imokylly w"^in this county of 
 Corke, and so contynued for the space of foui'e weeks. 
 
 Wee present that the Lo. or Vicunt Barrymoorr and his sonnes 
 do sinnce the pclamacon use cony and liverie w^'^iu his Li^^ coun- 
 trey. 
 
 Wee present that S"" Cormock M^^Tegg used connye and ly- 
 verie w'^'n his country sennc the pclamacon made to the contrary, 
 and also haith boenny beggy" and keyerhintye*^ w'^in his countrey. 
 
 Wee present that the Earle of Clancartie in Donogh, and the 
 Lo. Roches sonnes, do sennc the pclamacon use conny and liverie 
 w^'^in their countries. 
 
 We present that the Vicount Roiclie doth not suffer eny of his 
 manners nor the lands thereunto bellonginge nor any other landes 
 that he haith or that he houldith frome eny of his freeholders ether 
 by purchase or otherwise, nor eny of the lands apperteyng to his 
 sonnes to be chardged nor contributarie to eny the Queens [cesse] 
 or otherwise that is sett upon his cuntrye. 
 
 We present that the vicount Barry doth not suffer any his 
 manners nor the lands of the same to be chardged nor contributarie 
 to eny the Quens cesse or otherwise that is sett uppon his 
 cuntrye. 
 
 Wee present that Wiftm Barry, alias Barry Rowe" doth not suffer 
 
 * Bonnach-beg, i. e. small tribute iit this time was named James fitz 
 
 for hired men. Richard Barry, who in 1557 had suc- 
 
 *> Ceitherne-tighe, i. e. kerne of the ceeded his cousin as Visct. Buttevant. 
 
 chief's house. (See vol. 1., p. 292. _) But in this pre- 
 
 " Barry- J2oe, or the Red Barry, the sentmentThe Barryroe andVisct. Barrj 
 
 title of a chief of a sept of the Barrys. arc treated as iJillorcnt persons. 
 According to Lodge, The Barryroe 
 
270 Presentments for t/ie Co ant i/. etc.^ of Cork, 
 
 any of his thre mannors nor the hinds thereto belonginge to be 
 chardged in contributary to eny the Queens Ma'** cei?se that is sett 
 uj);)on Barry Rowes countrey. 
 
 We present that as oft as any Lord or gcnt'man, of what degree 
 so evere he be, that comith w' a traine of horsemen or foottmen, 
 or both, to the Vicunt Barrye, Vicount Eoch, S" M'^Teigg,^ or to 
 eny others the h)rds of this coantie, and requireth mans meat and 
 horsmeat for his said Traine, the same lord, of wliome the same 
 is asked, doth cesse all the same traine uppon the frehoulders and 
 Inhabitaunts of his cuntry, and so continue duringe the same Loi'ds 
 pleasure to the great sup[)resing of the said Inhabitance, &c. 
 
 Wee present that all the lords of this country useth this extorcon, 
 that is to say to tak upp for thire rents, and other duties whatsoever, 
 halfaced money, ^ Avhcreof right they shuld have but currant money 
 of the Realme. 
 
 We present that John Offynnygan, vicar of Lyslye, and steward to 
 the Vicunt Barry, in Barry Rowes countrye, the vi'" of May or there- 
 abouts in the xviii^'' yere of the raigne of o'' soveraine lady that now is, 
 liaith taken for cony and livery at Tymolagtry w^^in this countie 
 twoo mylch kynne of the good and cattells of Wittam Omeirran of 
 the same clercke. 
 
 We present that James bwy M'Thomas M'^E[nny] alias 
 diet', Bashy Riough of Rossegrelly in the countie of Watterford, 
 Kernagh, and M'^Enny Bo[gh] sonne to David Fitz John of Kill- 
 haily in the countie aforsaid, Kirna^h, the xxiiii''' of Sept. in the 
 xviii^'' yere of the Raigne of o'" sovaign ladie Quene Elizabeth, have 
 fch)nyusly stollen from Castell Oliaghan and Bally Anisherry in 
 the countie of Corke, fourcaples ofsond[re] couUers, vallwed every 
 caple xl** st'ling, of the goods 't cattells of John Mocll of Castell 
 Oliaghan aforesaid and his soune James Fitz John. 
 
 We present that Fynyne Ganegaht of Emeastie of Glanewoller, 
 Kirnaghe, andTegg NubuUy of Gallane, both in this countie, hors- 
 men, of the followers of M'^Cartie Hoigh, about the xv"' of -Maye in 
 
 •"Sir Cormac mac Teige Mac coined in 1561, which, as appears by 
 
 Carthy. a statfuieal at p. 3uG, supra, \vcre one 
 
 ^ ilalt'-faccd money vt-ero the silver thiid more value than the current 
 
 groats ;ind shillings of Elizabeth, coin. 
 
made in the year 1576. 271 
 
 the xviii"' yere ot'the raigrie of o'' sov^agiie Laidye Queen Elizabeth, 
 have slain at Gort Crosse w'^'in this countie, Dermond Odonovarte 
 of Carrybrighe gentellmane. 
 
 WepresentthatOvven iM'^Carttye andDonyll M*=Cartye, britherne 
 to M'^Cartie lioughe, and Fynyne M^'Cartie,^ sonnc to the said 
 M'^Cartie Roughe, Do dayly at thire j^lasure tak meat and drinck, 
 ^yth force and extoi'con, for themselves and their traiue of horsemen, 
 galloglashe and kerne, of the frehoulders and Inhabitauncc of Carry- 
 brighe, and bysides they tak of the same freholders and Inhabi- 
 taunce a some of money called cowe, to the number of fyve marks 
 half ftice money yerly, in every people w^'in Carrybrygh, against 
 the will of the freholders and inhabitaunc, and also of the cessorof 
 the cuntrye. 
 
 We p^'sent that when the lord Deputie, the lord President, or any 
 thecommissioners, or any other Englishe mane cometh to the house of 
 thesaidVicuntBarrye,VicountRoch, orany other lordsofthecuntrye, 
 the same lo. to whose house the same cometh, takith and rereth upp 
 of the freholders and inhabitance of the cuutry as much BeofFes, 
 money and corne as pleasith him, in recompence of such chardges 
 and expences as he haith then bestoAved, and will not be content 
 to tak as much as he bestowed himself, but will tak thre or foure 
 tymes so much then of the said frehoulders and inhabitaunce. 
 
 We p'sent that Will^'m Barry, alias Barry Rowe, useth most 
 comonly every night to take meat 1 drinck for him and his traine 
 otherwishe called cosshirrie'' by way of Earryth'^ s 7 vice of the fre- 
 houlders and inhabitants of his country, against their wills, and useth 
 cony and livery within his country synce the ^clamacOn and also 
 haith Kerrentye, tc. 
 
 Wee p^'sent that vicount Barray and vicount Roche, when the 
 mary eny of their doughters, They tak all thee maraidg goods of 
 kyne and caples of the frehoulders and the inhabitants of their 
 
 =" This Fynyne was the famous Flo- = " Earryth service," probably eir- 
 
 rence McCarthy. (See his " Life and reackt. An "eriot" is defined in the 
 
 Letters," lately published by Daniel glossary to the printed State Paper 
 
 M'^Carthy, Glasgow.) at a meeting where brehons gave judg- 
 
 •> Cosshirrie, Ciosa-rie, i. e. cess for mcnt. 
 the king. 
 
272 Presentments for the County^ etc., of Cork, 
 
 severall countryes, and if any of the frehoulders will refuse to paie 
 tlie same, they will send their s''vants to distraine for it as though it 
 weare of very right due unto them, and if every of them had 
 Twentie daughters they will never part of there owne kyne and 
 caples to their maraidges but will make their severall frehoulders 
 to pay the same. 
 
 Wee present that all the other lords of the countrey useth the 
 lick extorcbn, some by waye of peticon, w'^'' the frehoulders dare 
 not denye, and some by compulsion as aforsaid expressed. 
 
 We p'sent that the Vicount Barry useth this extorcon, that is 
 to saye, To tak upp to his owne use, in lewe of cony and liverie and 
 other exaccbns, the third parte of every freehoulders lande w'^in this 
 country, and, when it pleasith his lord, he selleth the same thre 
 parts to whom he listith as thoughe it weare his oune pper lande, 
 and the other fourth p'te, w'^'' he sufFriet the frehoulder to have as 
 fredorae, shal be chardged w'^^ all ceasses and other burdens that 
 is sect uppon the country. 
 
 Wee present that the Vicount Roch useth the lick extorcion, 
 and also when eny freholder w"'in his country doth not manne 
 and occupie his oune lande, whereby to beare the exaccons of the 
 country, his lord taketh that freholders land to his honors use, and 
 will not suffer the frehoulder to receive any p'te of the frute of his 
 owne land, nor will not suffer eny other to occupy the same for the 
 poor frehoulder. 
 
 We present that we cane fynde no due proof for the Transport- 
 inge any staple warre for [fro ? ] this cittie, how be it we perceve 
 it is done by reson the said wares waxeth dearer then they weare 
 wout to be afore the statute for the same provided. 
 
 We p'sent that when any lo. or gent'ma of the Irishry w"'in 
 this countie is made lord or captaine of his name or kindritie, 
 taketh of eSy inhabitant, frehoulder and tenant under him a cowe, 
 to be paid for receving a rochl in that name.'' 
 
 ' This levy was called " Rod money," which, besides giving proof of the ca- 
 
 and its object, to provide the new chief- pacity of the new chief in plundering, 
 
 tain with a stock of cattle, instead of supplied him with cattle. The rod 
 
 following the old custom oiSluaigheadh was handed to the chief or king daring 
 
 ceadiiais raidhne, or the excuision on the inaugural ceremony, at the same 
 
 receiving the headship, described by time naming him, as " M'^Carthy- 
 
 Martin in his "Western Isles," and more," «&:c. 
 
made in the yea?' 1576. 273 
 
 We p'^sent that all the lords of this country usethmaner of ex- 
 torcons viz : That when anye frehoulder or inhabitant w'^'in their 
 severall countries is maried, the rumor^ of that lord caulled OlafF 
 Danie^ will take the best apparaill of the womane so maried or 
 the juste value thereof. 
 
 We p^'sent that the vicount Roch takith custome of everye thing 
 that is bought bya Schant mane w^'^in his country, viz. out of e8y 
 xx^ a peny. 
 
 We p'^sent that all the lords of this country, to coloureand man- 
 taine there owne extorcions, have wrought such a poUicie to enter- 
 taine all the lawiers of this province, whereby no frehoulder nor 
 l)oore mane cane have a lawier to speek in his cause be it never so 
 just. 
 
 Of a great many of the extorcious in this book contained we 
 might mak more certaine and speciall presentments then is done 
 But that wee assuredly knowe if we should, name the frehoulders or 
 inhabitantes uppon [whom] the extorcions weare made, his lord 
 woulde thinck that it should be that frehoulder or inhabitante that 
 should enforme the court thereof. And that therefore the lord would 
 seke all the waies that he could for the utter banyshment of the 
 frehoulder, and his posterietie. 
 
 We present that all those whose names ensueth are notorius 
 and open malefactorus, theefes, receptors of theefte, and commone 
 disturbers of the common quiet of the countrye. 
 
 Malefactors — 
 
 S' John of Desmonds men : 
 
 Remond APGarrald of Broell'' in the countie of [ blank ] 
 gentellmane. 
 
 Kynagher Kiegh O Connyll, kernaghe, of the me and retaine or 
 the said Readmonde. 
 
 ' Rhymer. of the Earldom by his uncle, who had 
 
 ^ Olamh Dann, i.e. Professor of the transfer conferred by Parliament. 
 
 Poetry. The deposed Earl had two sons, from 
 
 = The Fitzgeralds of Broghill were of the youngest descended theFitzgeralds 
 
 an older branch than the later Earls (here called M'^Garrald), of Broghill, 
 
 of Desmond ; for the 6th Earl, having in the county of Cork. (See Lodge's 
 
 made an inferior marriage, was deprived "Irish Peerage.") 
 
274 Presentiuents for the County, f^tc . of Cork, 
 
 Moryslie O Comane of Kilmore, kernnghe. 
 
 Shane INPKnogher APDonoghe Ycounyll of the same, ker- 
 naghe. 
 
 Redmande Bwye londry, kirnaghe, of the said Redmond M'^Gar- 
 oldes men. 
 
 Theobald Roches men : 
 
 Davie Offlvyn alias M'^Erragh tirry, kernaghe, Owen O Morrow- 
 chowe, ats Bodelier, of Cosorydy, kernaght. 
 Mahowne Occollaine of Conner Ellanes me. 
 Tegg Olleighe, kernaglie. 
 
 Dermod Murriei* Occollaine, Kernaghe, ats boodde conwtiesse. 
 Teigg Diiffe M^Donogh Ycollane, kernaglie. 
 
 Carybrye : 
 
 Fynyne M'^Donyll vie Fynyne of Killyne in Carribrie. 
 Donell IM'^Fynyne father to the said fynyne McDonnell. 
 
 The said Fynyne M'^Donells men : 
 
 Donell Keigh, kernaghe. 
 
 Teigg Ballyf his brother, kernagh. 
 
 Thomas Ballagh, kernaghe. 
 
 Teigg Oteremon his brother, kernaghe. 
 
 Tegg Nestolly, kernagh. 
 
 Skufweary, kernaghe. 
 
 Notoriuse malefactors viz. : 
 
 Donogh JVTDonell M'^Cormock, of Ballygonyeshy in Muscry, his 
 men. 
 
 Knoghoure buy M'= a Wockane, kernaghe. 
 Denys O Heallychie, kernaghe. 
 Davie Duffe, kernaghe. 
 
 Of the Whitt Knights countrye viz. : 
 
 Knoghoure M"^ Thomas Nagearr. 
 
 Moriertagh Kane M^Thomas Nagearr, bothe britherine and 
 
 kernaohes. 
 
made in the year 157G. 275 
 
 The presentment of John Miugh Fitz Robarts and his associates at 
 the Sessions houlden at Cork before S^' WiWm Dreiorye^ knight L. 
 President of Mounster and other his associates i7i October 1576. 
 
 We present that Teigg Ettarremon APOwen and Donyll 
 Keigh IM" Thomas ]\P Teigg, of Pobte Ycallyghan, not only to be 
 notoriuse theefFes but also wrongfully cam in August, the xvii''" 
 yere of the Queens Magisties raigne that now is, w*"^ force and 
 armes, viz. in the night tyme, to Bernehelly in the county of Corcke 
 and thene and their thre caples price iiii' sf of the goodes and 
 cattells ol' Morrice Mirre, bust), and others of Wittm Grogaves 
 tenants, there fownde, felloniously toke and lead awaye contrarie to 
 her Ma''^* peace. 
 
 We present that Owen APAwley sonne to M'Awley, Diermod 
 Douff M<^Shane APMorighe, Donoche M-^Shane JVPMahowne 
 Yvorchowe," Donylloghe Sehigane, Dermonde Duff M'^Shane 
 il'^Dermod M'^Morighe, in Januarye, in the Queens Ma'^ Raigne 
 that now is vxi"^, wrongfully came w' force and armes viz, betwixt 
 Killvyne [and] Killetowhill in the countye of Cork and then and 
 their feloniously and traiterously have murthered Rickard M'^Ma- 
 howny 1 Conell contrarye, tc. 
 
 We present that [. . . ]nogh Fitz Edmound M'^Shihe, the twoo 
 sonnes of Farre Doroghe Fitz Wiitm ]\'PBrien, named Manus and 
 Edmond Mergaighe, Rery Fitz Morrighe M'^Tyrrelaghe, av' diverse 
 otheresc unknowne malefactors the xv"^ daye of Male, in the yere of 
 the raigine of o'' souaigne Ladie Queene Elizabeth that nowe is 
 the xvi'^ 'tc. wrongfully came av"' force and armes viz. tc. to 
 Killnegorie in the countie of Cork and then and their fyve pound 
 ster. of readie money, foure bredyne mantells, price every mantell 
 fyve shellings str., twoo caddowes, price every cadowe fyve shellings 
 str., towoo sheettes, price every sheet iii* str., to milch kynne, price 
 XX* stjling, of the goodes and cattells of Fraunces Terrie, of Corke 
 rrlchant, and others the inhabitaunce of Kilneglorie aforsaid, there 
 found, feloniously toke, and lead awaye feloniously, and also then 't 
 
 ' i. c. (^luorcliowo. 
 
276 Fresentments for the County, etc., of Cork ^ 
 
 there have \s^ force and violence traitoriushly ravished xii wome, 
 of* the w*^"^ some vveare married and some meaydes, tc 
 
 We present that the Erie of Clancare through owte all his 
 country doth use cony and liverye, sorehen, sraghe, beofFes, w' such 
 Irish extorcon, w'^ all his frehoulders and tenants that will not 
 geve him so m'ch lande or pay him so m'ch rents accordinge to his 
 oune contentacon, so that the poor freholders are in a worse case 
 nowe then evere befor, w'^'' for their aires they dare not complains 
 the countrary. 
 
 We prsent that the vicount Barry, and in the Earle of Desmonds 
 countrye, the use, in lick]wies, cony and liverie, soroghen, sraghe and 
 beoves w' m'ch other Irishe extorcons of eVy frehoulder and tenants 
 w"'in their severall country es, so that the poor frehoulders t tenants 
 are in worse case then ever befor. 
 
 We do present that the vicount Roch and S'' Cormock M'^Teiggh 
 in their severall country do use the lick extorcon by cony and 
 livery, sorohan, sraghe, beoffes, and such other lick, uppon the fre- 
 houlders and tenants, they for their eares dare not complaine to 
 the contrarie, 1c. 
 
 We present that all kind of staple and ^hibited warres are 
 dayly transported owt of the cittie of corkf, Yowgholl, Kinsale and 
 other places of Mounster, yea more, now this lat yeres, since Philpott 
 came to the office of serchershipp then any tyme afore, and that so 
 privilee or rather so craftily used, betwixt the sercher and the 
 transporter that no proof or sufficient knowledg may be had, But 
 the excedinge woonted highe price of all such wtires nowe doth 
 beare sufficient wittnes y^ the same is transported w^^ owt any lett, 
 but onlye to agree w*^ the sercher or his deputie,1c. contrarie, 1c. 
 
 We p'"sent that stellers^ and regraters of the markett of Cork 
 cannot be presented, and that by resone that we have no market 
 daie nor howre appointed nor kept accordingly, but every one buy- 
 ing where he lieste, when he llste, or what time he listeth, and as 
 m'ch as he listeith, so that where one haitli to m'ch, twentie haith 
 nothinge, to the utter undoing of many, w'''' vveare very necessarye 
 to be reformed tc. 
 
 ° i. e. Forcstallers. 
 
made in the year loTG. 277 
 
 We p''sent that one Dermond Odayly in the name and to the 
 use of Odaly Fynyne^ came to Kile Weybowd in the countie of 
 Cork in June last past, in the yere of the raigne of o*" souaigne Laidy 
 Queen Elizbeth that now is the xviiii''\ haith forceably taken of 
 Margeret Ny Scally of the said Kile waiebowed all the rayment 
 that shee did weare, that day being newly mareid, or else the valvve 
 of the same, to his oune contentacon, alleadginge the same to be 
 due to the forsaid Odayley of everye womane that is marled 
 throughowt all Desmond and M'^Donoghe countrye, because he is 
 their cheef E,ymor otherwise cauled Olowe dane, contrarie tc. 
 
 We present that the Earle of Clancare, M'^Cartie Reoughe, S"' 
 Cormock M'^Tegg and INPDonogh do wrongfully rere of their cane 
 poble,'' as to say Omahowny, Odonovane, Odriescalle, O Kieffe, 
 O Hierlighe, and many such lick under them tc, a number of 
 kynne or some of money for deli^ing them a rodd when they come, 
 to their name, or some, w*^'^ some of money or number of kyne 
 everie of the said kane poble do also wrongfully rere and take 
 upp of their poor tenants, and also do not onlye reare upp of 
 their poore tenants cony, liverys, cudihe, kyndufe, sraghe, beof, w' 
 all Irishe exactions in as ample manner as evere the have ben accos- 
 tomed befor, but also maraidge good for their doughters, their 
 cost, and chardges when they are called to every sessions or hostl- 
 litie, to the utter undoinge of their afforesaid poor tenants, tc, 
 contrarie ^tc. 
 
 We p'"sent also that the most part of the lords or gent' of the 
 countie of Corck, have cutt no paces in the highe waie, w*''in their 
 countries, as they and everie of them were straightly chardged 
 and comanded by the lat lord President and her Ma'« Commis- 
 sioners, to the exceeding great danger of all faithfull travillers 
 going in the aforesaid paces, and further that no pointe, to speek of 
 it, of that pclamacon then made, was not accomplyshed by none 
 of them all accordinglie, not as m'ch as to kepp the stocks in places 
 apointed for to punyshe stowt beggers, Idell vacabounds, naked 
 
 'O'DalyFineen was the title given to i" " Cane poble," i. e. people sub- 
 
 the head of a sept of the bardic family ject to the cana^ or fines, of that chief- 
 of O'Daly. See p. 373, supra^ and notes. tain. 
 
278 Presentments for the County^ etc.^ of Cork, 
 
 hasards,* shamelesse flatringe slaves,'' (as to saie) Bards, Owlers, 
 and manye such lick, whereby the foresaid lordes uiaie be lawfully 
 suspected that they Avill soner nourishe mantaine and defende 
 such rather then to see them punyshed accordinge to their de- 
 sarts, tc. 
 
 We present that theire is a kiude of extorcon used by tlie 
 seneshall of Imokelly and John Fitz Edmond of the same, gent'me, 
 uppon the landes of the frehoulders of Imokelly in the countie of 
 Corke comonly cauled Serehen fere, w*"'' is not used in no other 
 countrye but only there. 
 
 We p^'sent also that the forsaid Seneshall and John Fitz Ed- 
 raound, being ceassors of the aforsaid Imokelly, do not chardge them 
 selfes Av**^ any kynde of cesse, not w"' standinge that they are richer 
 and better able to beare theire parte of the same then all the other 
 frehoulders in Imokelly, and the lick complaint is uppon every other 
 cessor w*''^ weare vearie necessaric to be reformede tc 
 
 We present that the Aveares*^ in the ryver or haven of Cork is 
 brought so nighe the mayne channell to the great anoyannce and 
 danger of everie boate or vessell passinge or repassinge to or from 
 the said cittie, and specially in the night tyrae or in the tyme of 
 tempest, and this beinge divers tyme presented, ami straight 
 comandiments given to the contrarie, is not yeat reformed, 
 contrary tc. 
 
 We p^'sent also that many comonwaies otherwise caled bohiers' 
 w^'^in the libertie of Cork are shamefully cutt digged, and fully 
 undone, that nether man or cattell cane scant passe or repasse 
 through such waies contrarye 1c. 
 
 * " Hazards" probably were carragks talcing salmon as the kiiUes interdicted 
 
 or gamblers. by the Great Charter, and the kidle 
 
 ^ "Slaves." This term seemingly im- was the fish basket at the head of the 
 
 pliea that some of the bardic castes weir ; thence the phrase, " a pretty 
 
 were of slavish extraction. kettle of fish." The Lc Kiteller family, 
 
 « These weirs were, doubtless, formed of whom was the Kilkenny Witch, Lady 
 
 of wicker work, and being extended Alice, probably derived their surname 
 
 from the shore out to the channel of from the trade of taking salmon by this 
 
 the stream, impeded the navigation. means. 
 
 Thev were the same sort of engine for "^ Bohiers, i. e. lanes or roads. 
 
made in the year 1576. 279 
 
 We present also that Donyll M<^Dermody M<=Teighe M'^Shane, 
 of Crosvehig in Bantry in the countie of Cork, the xiii"' of October 
 in the yere of the raigne of oure sovcraigne Ladie Queen Elizabctli 
 that now is, the xvii"^ wrongfully w^ force and violence, have taken 
 then and there of Nicholas Fitz Sthephen gould, of Corke, marchant, 
 a milch cowe for passinge through Her Ma^* highe waie, alledginge 
 that he male lawfully reare of evcrye one wearinge an Englishe 
 capp cominge or goinge that waie, xvi'' sterlinge 1c. 
 
 Wep'^sent that Davie M'^ Moris, sergiant, and other sergiants to 
 the Lord Koche, do yeat leavie reare and tak upp w' force and vio- 
 lence, in the name of custrae, to the use of the Lord Kocheand his 
 Seneshall, John Ballwe, on penye out of everye xx' that everye of 
 Her Ma*^ faithfuU subiects do bestowe at Castell towne and glannor,^ 
 perhaps for GLa worth, co. Cork, and specially the forsaid Davye 
 Fitz Morishe have forciably taken of Waulter Gould of Corck 
 ffichant, for the foresaid custume, in October in the yere of the 
 raigne of o^" soveraigne Ladie Queen Elizbeth that now is tlie 
 xvii"S the some of iii* vii*^ starllinge notw"^standing the same so 
 often founde owt, presented and condepned by Her Ma'^ Com- 
 missioners, and very streaght comandiments geven by them to the 
 contrarye tc. 
 
 We p''sent that M"" Iden of llosse O Caribrye in the countie of 
 Corcke being an Englishmane doth not only use cony and livcrie. 
 But also doth reare foure gallons in everye Tonne of wynne, and 
 also tAvoo whitt harpps,'' in every gallon that he drinks himselfe of 
 that Wynne, and owt of everye flackett of aqua vite apinte for him- 
 selfe and a pinte for his prayser, and furtlier he rearesth mylcii 
 kynes costome for everye hide that is sold or bought at Rosvse, and 
 of every beofes that shall be there soulde he must have the hide 
 painge but xv'' for bothe 1c. 
 
 We p''sent that Owen M'^Gillewlanne, of Drome Braie in Ban- 
 tryeinthe countie of Corke, doth levie and taks upp unlawfuU cous- 
 
 ' Perhaps for Glanworth, co. Cork. a shield with three harps on the reverse : 
 
 "* Either the groat of Henry VIII., the latter would be naturally termed 
 
 wliioh was the first to bear the harp on " white," to distinguish them from the 
 
 the reverse; or, more probably, Eliza- baser coin of former years. See note, 
 
 beth's tine silver groats of 1 5G 1 , bearing p. 3G6, supra. 
 
280 Presentments for the County^ etc., of Cork. 
 
 tumes w^^'owt any authoritie from Her Ma"% and specially have 
 forceably taken of Nicholas Fitz Stiven Gowle, of Cork, Schant, the 
 xvi*'^ of Maie, in theyere of the raigne of o*" sovaigne Ladie Elizbeth 
 that nowe is, the xvii''', in the name of the aforsaid custume the 
 some of iii* starlinge, contrarie tc. 
 
 We present that all the lords of Mounsterin generall do not 
 suffer any of their mannors nor the lands thereinto belonginge, nor 
 any other lands that they or any of them, or that houldith frome 
 eny them, frehoulders, etheir by purchase or otherwise, nor any the 
 lands apperteinge to their sonnes, to be chardger or contributarie 
 to eny the Queenes Ma*® ceasse or otherwise, sett uppon their 
 countrye, to the utter undoinge of their poor frehoulders and 
 tenants. 
 
 We p''sent that Donell Nebipie. and M^'Cartie RoAVghes Young 
 Sonne, named Fynynne, the xv*'' of Maie last past, in the yere of the 
 raigne of oure soOaigne Ladie Queene Elizbeth that now is the 
 xviii"', wrongfully came w* force of armes viz tc. to Erdyrie Le- 
 merarie in Corriebrie in the countie of Cork and then and theire 
 have forceably taken upp and rearied the some of viii' xvii^ ix"* 
 starlinge of the pper goods and cattells of Fenyne M'^Derraonds, Te 
 clynyne Crymyne and theire poore tenants in the name of the said 
 extorcion called cowe, contrary &c. 
 
APPENDIX. 
 
 Irish Correspondence, P. R. 0., Edw. VL, Vol. ii., 25, /. Inclosed in 
 1549, Mcarh 14 ; Walter Cowley to Deputy Bellyngham. 
 
 Indorsed.— From Wall Collee', in Marche, 1549, cGcernig the 
 reformacons of'ctayne exaccbns in Kayr ISPKartes cotreth. 
 
 Directed. — To my lorde Deputies right noble lordshippe. 
 
 To MY Lorde Deputies Right Noble Lordshipe. 
 
 Although I daily trouble yC honorable lordshipe w"' iny rude writings, 
 yet my own goode lorde, I besecbe the same in humble wise to accepte 
 it to pcede (as it dothe) of a faithfull harte, whiche myndethe moost of 
 any thing thavauncement of the Kings Ma""' s7vice 1 affaires, 1 specially 
 in yo' daies, Avho hathe alredy opened the gape, whereat eche gouvnor 
 thies CO. yeres befor yo" stayed, 1 like as hethirto yee haue from tyme 
 to tyme w"* words directid me to folio we a ctaine trade therin, where 
 (I thinke) I haue in su thing answered yo' expectacion to the best of my 
 litle poii, so do I nowe assay this othir way, whiche most depende up- 
 pon the putting of thothir things in effecte, whiche I towched beibr. 
 
 Furst 1 specially, af? the circuite ended of the instructions to be 
 comitted to S' Will*m Wise, me, M^ Derby t su other during whiche raeane 
 tyme, as we shall pas?e, then we may devise the putting of thies things 
 following in ordre, beyng corrected % placed by yo' honorable prudent 
 wisdome, 1 that done yo" haue brought Irlande to a wounderfuU refor- 
 
 1 Ancestor of the Colley-Wesleys, and Cowley, or Collee, was of Kilkenny— see 
 so of the Duke of WelUngton. Walter "Journal," Vol. II., first series, p. 102, &'c. 
 
 Y 
 
282 Appendix. 
 
 macion, whiche most be pmanent \ suer. Seying Cahir M"" Arte^ hathe 
 made a veray honest offer-, whiche in my mynde (undre yo'' noble cor- 
 rection) is mete to be inbraced 1 well accepted, begyn ewn next w"" the 
 counties of Kilkeny t Tippary, and where as at this p'sent all their un- 
 measurable imposicions turnethe to disordre, inobediencie 1 wasting of 
 the Countre, % infeblishing of the kings streynthe t po8, I shall devise 
 that way with Godds grace 1 yo' helpe, as thos incon.veniencies shalbe 
 avoyded, whiche partly shall ensue. 
 
 In stid of koyn % liSy % all like extorcions, a cesse uppo eiiy plowe un- 
 dre his rule for the captaine, oots forthe wynl, one busshelll; ahalf, w"" the 
 busshell he hathe for his horsses at this psent ; for soS, one busshell wheat, 
 one busshell malt, a hoope beanes, a beofe eQy two plowes, a shepe e8y 
 plowe, % then shalbe yelden to the captaine there yerly iiii'' beofFs, double 
 so many shepe, cc. tonn oots, c. tonn wheate, c. tonn malt, xxx. tonn 
 beanes, whiche shalbe hable w'*" a litle helpe of the captaine to keape 
 such a company togyther as neu was seyne in Irlande, and may haue 
 suche a stable of horsses as ne3 was seyne in Irlande yo' lordshipe may 
 heruppon then marke, howe moche chardge the captaine in his housholde 
 shalbe hable to beare. I thinke he may well keape four score chief 
 horsses in his stable, t four stables, to be devided in four seuall quarts 
 of the countre, t all the chief horsses that shalbe in all the contre to be 
 in that stable, except it be w"" a gent, of xl"- a yere or brought uppe 
 w"* 8taine to be made % solde. Then shall ye haue no horsmen robbers 
 (as they haue bene wonnt to be), as for hay, the hides of the beofFs 'i shepe 
 fellis shall suffice to bye sufficient therof, the captaine shalbe hable thus 
 to keape iiii" in housholde, % xx kerne to be attendant in his house (as 
 housholde kerne to take at comaundement offendo"), nowe shall rest no 
 chardge on the countre but this. Saving that at any mayne hosting, 
 when the lorde deputie shall cSmaunde the same shalbe contributary to 
 wittaill as shalbe pclamed in the rest of the lande, if this pporcion be to 
 litle or to moche, yo' lordshipe may al? the thing ai? the debating hereof, 
 as yo' lordshipe shall se cause. 
 
 Seconde, like as yo" haue placed galloglasse in Leyse, 1 woU do in 
 
 ' Caher Mac Arte Kavanagh, Chief of ^ Search has been made for this docu- 
 
 his Nation, then holding a great part of ment in the Public Record Office, London, 
 
 their ancient tribe land, consisting of the but it has not been preserved. Cahir -vras 
 
 mountain range which separates Carlow subsequently created Baron of Ballyan. 
 
 from Wexford and tracts of the adjacent See p. 3j, supra. 
 lowlands on both sides. 
 
Appendix. 283 
 
 Leynei?, so most there be su galloglasses in tbos pties 1 other quarts, 
 whicbe shall joyne at nedes by comaundment w"* the captaines there. 
 
 Thirdly, af? that yo" haue thus takin ordre for Leynet? 1 the Erie of 
 Ormonds rule, take even the like ordre w'*" the barrens of Cahir 't Don- 
 boyne, who assuredly woU willingly assent therto : but seying therle of 
 Ormonde haue used to haue a Staine chardge of galloglasse % koyn 1 
 liQy on their countries, when he hathe resorted thethir at all tymes 
 araongs theim, take ordre 1 devide the thing, as therle of Ormonde shall 
 haue the v'" parte or othir porcion (as yo" shall thinke mete of the bar- 
 rens porcions), wherin it shalbe good to heare thadvice of the gentlemen 
 in that quar?. The kings captaine in the late Abbay of Wony' to haue 
 the Rians, Doyers, bothe the Ormonds, the IMeaghers, Are, the Bourkes 
 1 Breanea in this side the Shannon, to bear a 8taine contribution to 
 him yerly, leving by estimacion half suche 8laine contribucions to the 
 captaynes of the countries there, t bynding theim for their rate, to haue 
 ther stables T a ctaine standing housholde. 
 
 Ilir*'. the captaine of the late Abbay of "Wonyes rule to extende ou 
 the countries p'mised, 1 to place c. galloglasses c. kerne to inhabite 
 about him, w"" a convenyent nowmbre of horsmen, who may attende 
 uppon him at neades. 
 
 V"", bringing that to passe to take like ordre amongs the Kerrollis 
 1 inforce theim to do the like, having their stables t standing housholde. 
 
 VI'*". That the barron of uppir Oss/ie do the like. 
 
 VII"*. That a captaine of leyse- shalbe ordayned, to Avhom the countre 
 shall obey, in assembling togyther % s/ving the King, % a Senescall to 
 be at the chardges of the countre for the keaping of them in quyete, 1 a 
 sherriff to be made yerly there to slue the Kings pcesse, 1 that Doyn 
 1 the Dempsies be joyned to the captaine of leyse t althoughe for to 
 inhabite it the inhabitors most haue a ctaine fredome, saving their rent 
 for the second yere, yet from two yeres forthe, there may be a 8taine 
 chardge for the captaine, on the countre, as shalbe for othir captaines in 
 othir countries, and furdre that there be four houses appointed, t res/ued 
 for the King viz., the ptector^, Adamston*, Stradbally t Biellaroyne^ t 
 reserue for euy of thies houses xxiiii plowe lande at the least, 1 8taine 
 
 ' Xow ALingdoi), Co. Tipperary. ground the town wLich gathered round it 
 
 ' Leix, the tribe land of the O' Mores. received the name of Maryborough. 
 
 ' The fort built to overawe the 0' Mores, * Now Ballyadams, where a fine Ed- 
 
 and 80 named after the Protector Somer- wardian is still habitable. 
 
 set. "WTien Mary made the district shire- * Now Ballyroan. 
 
284 Appendix. 
 
 medowes ports \ tithes : two of thies houses shalbe w'*" the captalne, as 
 the ptector 1 Stradbally, thother twayne, whiche is Adamston 1 Biel- 
 laroyne to be resJued by keaps or counstables for the Kings deputie, 
 when he shall haue occasion to reasorte thethir, 1 the lande ports 1 
 tithes to be honestly surveyed at honest prises 1 allovaunce to be made 
 therfor to the King, t that porcions of the priors lande, Kellies lande, 
 'i O lallors lande be resJued for the King, for thos are the best 1 moost 
 comodious in Leyse, the rest may be sett in all the marches. 
 
 VIIl"'ly. that a captaine be in Sliewmarge w"" like contribucion of 
 chardges to him, beyng bounde there to finde men 1 horsses, aft the 
 inhabityng of the furst two yeres. 
 
 IX^'ly. the captaine of Cathirlaghe to haue undyr his rule O drone, 
 the Dlowghe,^ Foert t Shielleille \ the rest there abouts of the com of 
 Cathirlaghe, gyving a 8taine fredome for two yeres to inhabite. 
 
 X"'ly. the captaine of the Foert at Dengyfi,- to haue undre his rule 
 Offaily, M' Morrishe, Irreis countre, OMulmoy, M^Cogheghan, RPCoghlan 
 % OMelaghlin, \ thothir captaynes to haue Staine of the victaill \ pficte 
 undre their rules, in estimacion to be thone half therof, beyng bounde to 
 keape a stable \ etaine men % horsses eiiy of them seually, as shalbe 
 limited theim. 
 
 XI"'ly. the Kings deputie to haue one house \ Staine tithes 1 porte 
 in Offaily, the captaine to haue the rest there, I haue not viewed there 
 yet any place to be so res/ved for I was not there yet. 
 
 XlP'^ly. like ordre for rules % captaynes ou all Irlande. 
 
 XIII'*'ly. That captaynes shalbe made by Ires patents, 'i thos words to 
 be therin " quamdiu se bene gesserit" the whiche words shall make 
 theim bewarr howe to ordre theim silves. 
 
 XIVHy. the King shall thus haue no small noubre of captaynes 't 
 officers 1 God willing there shall thus be reddy to sJue the King two 
 thousande horsses t fywe thousande men. 
 
 XV'ly. all thies things established, to viewe the pficts of the cap- 
 taines 1 their chardges, t allowe honest comoditie to theim, and to ac- 
 compte to the King in their allovaunce for the rest 1 surplisage. 
 
 XVI^'ly. then to se 1 considJ the hole chardges 1 proficts 't whate 
 
 1 The Dullough, afterwards in dispute ^ The fort of Dangin, subsequently 
 
 between Sir Peter Carew and Sir Edmond named Philipstown, when the districts 
 
 Butler, brother to the Earl of Ormonde. now comprised in the King's County 
 
 It was the country round Clogrennan, in were made shire-ground, temp. Philip 
 
 the county of Carlow. and Mary. 
 
Appendix. 285 
 
 may be conlited or saved to the Kings pficte, hauing consideracion alway 
 chiefly, that suche baarnes [bareness], be not used therin, as may brede 
 pillis or furdre inconveniencies. 
 
 XYH"'ly. then toviewet make estimacion of the hole revewnees [^sic] 
 of the newe won pficts t the rest, \v"' custumes, havons 't fysshings that 
 shalbe won during yo' tyme, and to establishe a ppetuall ordinary 
 chardge t what shall rest yerly to be imploied uppon making of buyld- 
 ings 1 townes for the King alway, and e8 to considre that Irlande, beyng 
 oppyn uppon Spayne 1 Skotlande % othir realmes, 1 far from their 
 souQaigne lorde, most haue many captaines % rulers that neQ shall clayme 
 inheritance therin, but othir at will, or at the furdist for ?me of lifFe, 
 so as all their travaill t study shall conute to the Kings pficte "i augmen- 
 tacion of his roiall iurisdiction streynthe 'i pficte, 1 not to their awn 
 posterities, and because the Kings of Englande shalbe well assured neS 
 hereaf? to be disceived w"' suggestion or untrue surmyses of grants to 
 be poured from theim by any psuacions or circustaunces, my lorde cause 
 a booke of all the Kings possessions, manors lordships comodities 1 pficts 
 in Irlande to be made, t then derifie \_sic'\ out of the same ctaine lande, 
 places t manors, so as ye shall hawe therin, in euy shire ou all Irlande, 
 su 8taine places or possessions to the King t his successors in ctaine, t 
 thereuppon to enactebypliament, declaring notable considjacion,that thos 
 8taine manors lordships % possessions shalbe united to the crowne of Eng- 
 lande as insepall, for the maynetenn^ce of this realm, % that any grant 1 
 gift to be made therof (ou the life of the grauntee) shalbe voide: by this 
 meane the King shalbe suer n3 to be drivyn out cleir from his subiects in 
 any shire, as he hathe bene hethirto. 
 
 Finally (if it please yo' lordshipe, furst to will my booke of ordres 
 for the counties of Kilkeny % Tippary to be published 1 put in execu- 
 tion out of hande, 1 to will the lorde Marshiall, M'. Wise 1 me so to 
 do, % then to will M^ Wise, me t othirs to put o' instructions that yo"^ 
 lordshipe will comitt unto us in effect, if yo" shall thinke it mete, 't 
 then to put in ure this litle treatise touched in groose, whiche nedethe 
 the correction of yo' Lordshipe, then I woll not doubte (w"" Godds grace) 
 the rby to se moche frute followe of yo' happy % godly iri?prises. 
 
 My lorde, if thies chardges nowe put in Staintie (as befor is men- 
 cioned) shall seme great, yet I assure yo' bono"" that at this psent, at one 
 nyght in the yere, a pore man shalbe oppssed w"" the disordre nowe no 
 lasse then this hole chardges cumethe unto for the yere, 1 assure yoi- lord- 
 shipe, that thonely S'iaunts, constables, harbingJs callid in Irishe lyorons, 
 
 z 
 
286 Appe7idiv. 
 
 1 their s7u''nts, pullethe, by colo' of the disordre nowe, no lasse then 
 nyghe this ctaine chardge cumethe unto, and by this meanes all they 
 shalbe cleirly put backe, whiche shalbe a veray great reliefe to the pore 
 people 1 this 8taine chardge (if it were thought greate) may be betl? 
 daily abredged or al?ed, then the unhappy unctaine imposicions hethirto 
 used, wherin e8 great difficultie 1 argument is moved to make it holde, 
 as -will not be framed in thothir case. 
 
 THE END. 
 
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