Pages and footnotes are true to book as originally published, thus they appear with sequence gaps here.
1
Confirmation (in English) of the municap liberties of Wexford,
by Queen Elizabeth.
"Elizabeth by the grace of God Quene of England, France and
Irlande, defendor of the faythe, etc., unto all theme unto whome
thies present letters shall come greatinge. We have sene certaine
auncient letters patents signide with the greatt Sealle of Irlande
and in our Chauncrie of Irlande now exhibitide befor us not
cassedd, interlynide, mysusid or in any poynt suspectid, and by
commaundment from us after certaine of our Counsaylle and
others lernid in the lawes had received theme incertid thear
amongest other our rollis verbatim as followithe.
'Henry by the grace of God King of England, France and Lord
of Irland, unto all etc., greetinge. We have sene the charter of
Adamear de Valentia latte earle of Pembrocke, Lord of Wexford
and Mowntacu mad upone the liberties grantide unto the
burgesses of Wexford as hit is approved and consigned with his
scale in these words.
'Be hit knowen unto all men by these presents that we
Adameare de Valentia of Pembrocke, Lord of Wexford and
Mountague, have grantide unto our burgesses of Wexford the
liberties under written to have and to hold from us and our heyrs
unto them and theyre heyrs and successors for ever.
Item that no burgess of Wexford be fined or impleaded in our
castell or elsewher but in the Hundrid of the said towne, our
balives and those which hold by hostladge from us onely excepted.
Item that our said burgesses be fre from bothe lastadge,
passadge, pontadge and of all other customes throughoutt our
reallmes of Irland and Walles.
Item that no burgesse of the said towne be finedd upon
miskennen.
Item we have granid further unto our said burgesses and their
heyrs that they shall have and hold of us and our heyrs quyett
and frely theyr burgadges for ever with all theyr appurtenaunces
for the rente which Geffrie fitz Robert first appoyntid viz. the
burgadge with his appurtenaunces per annum at xiid. to be payed
at the feaste of Easter and Michallmas by evin porcions.
And to thend that this oure grante in tyme to come may stand
ratified and of effect we have caused this our charter to be
coroborated with our seall datede at Radcleve upon Trent the
xxvth of July and in the xxiith (recte xith) yere of the raigne of
Kinge Edward the second befor thies witnesses John L. Hastings,
John Pagnell, William Plowdoune, John Padghame, Robert
Dendin, Morishe Rushford, John fitz Henry, knights, Steuen
Deuerex, Richard Whittye, Patricke Cheuer, Henry Esmond,
Thomas, clerk of Ferns, David Borard and many others.'
'We therfor [Henry V] the said charter and all the contents
thereof doth ratifie and doth for us and our heyrs so far as in us
lyeth by the advice of our welbeloved brother in Criste Thomas
Buttler, pryor Hospitalle of St. John Jerusaleme in Irland,
Deputie to our deare brother Thomas Lancaster, Seneschall of
England, Lieutenant of our Rellme of Irland, and at the request
of our welbeloved Cattrine of Ormond auntt unto the said
Deputie ratified grant and continue the said charter.'"
[July 25, 1318]
[April-September, 1413]
[1559].
NOTE. - The charter of Liberties granted to the burgesses of
Wexford by Aymer de Valence, Earl of Pembroke, is printed in
the original latin in Chartae, Privilegia et Immunitates (p. 47).
It is there dated as 25 Julii undecimo E. II,
E Rot. Pat. I Eliz. M. 18d.
The Inspeximus above in English (Elizabeth) does not make
too faithful a version of te original. The Inspeximus of
De Valence's charter made under Henry V is undated, but the
words 'our brother,' applied to Thomas of Lancaster, give us an
approximate date. Henry V ascended the throne on March 21,
1413 [N.S.]. His brother, Thomas of Lancaster, was acting as
Lieutenant of Ireland till September of that year. The date
therefore may be put between April and September, 1413.
"Henry King of England, etc., to all greeting. We have
inspected the record of the outlawry held before us as follows by
the tenour of an inquisition before James Cornewalsh, deputy
Chancellor of Ireland, Robert Dowedall, chief justice of the
King's Common Bench of Ireland, John fitz Robert, mayor of
Dublin, William Chevyr, second justice for please Coram Rege in
Ireland, and Edward Somerton, the King's serjeant-at-law in
Ireland, assigned by letters patent to enquire, hear and terminate
in county Dublin, both within liberties as without, all and singular
treasons, felonies and trespasses as in said letters patent is contained,
on Thursday next after the feast of the Purification of the
B.V.M. in the 18th year of Henry VI, by the following, viz.,
William Graas, goldsmith, David Hay, glover, John Notte,
William Botiller, John Fleming, "flacher," Nicholas Mylys, Peter
Husse, 'cotoner,' William Bourke Sherman, Hugh Saddeler,
Richard White Braban, William Ley, Thomas Vyne Hoper,
William Fernys, smith, and Richard John Glover. Who say on
oath that Thomas fitz Morice of Kyldroght, gentleman, came to
(apud) Dublin on Saturday after the feast of the Conversion of
St. Paul in the 18th year of Henry VI, and there adhered to Bren
O'Brenne and divers others of the O'Brynnes, Irish enemies of
the King, and sold and gave to them bread and ale to the value
of twenty shillings, they being then openly at war, and there with
banners displayed took Hugh Coryngham, clerk, and Donald
O'Flyng, "cotoner," and robbed them of two horses worth forty
shillings and also robbed John Hull of linen cloth worth twenty
pence treasonably and against their allegiance.
Also they say that the same Thomas came to Kylgoban with
Irish enemies, viz. Brian (? : Bran) O'Brynne and others, on
Thursday next after the feast of the Purification of the B.V.M.
in the same year, and there burned the wheat and corn of Murgh
McHarry, James Walsh Adamesson and Richard O'Brothyr being
in haggard and stacks (taxis) treasonably and against their
allegiance.
Therefore the sheriff was ordered to take the said Thomas under
this form :
'James Cornewalsh, etc., (as above) to the sheriff of Dublin.
We order you to take Thomas fitz Morice, gentleman, of
Kyldroght, indicted in the King's court before us of divers
treasons and felonies against the King's peace, wherever you may
find him in your bailiwick and guard him safely in the King's
prison so that you may have his body before us at Dublin on
Thursday next after St. Scholastica's day, to answer for such
treasons and felonies, and you shall have there this order. Given
on the sixth day of February in the 18th year of Henry VI.
[February 6, 1440].'
'
On which Thursday Thomas de le Feld, esquire (armiger), then
Sheriff of Dublin, answered that said Thomas was not found in his
bailiwick. He was then ordered to take the said Thomas in
these words. 'James Cornewalsh, etc., as above, (order to the
sheriff to take and keep Thomas and produce him at Dublin on
Saturday next before the feast of St. Gregory, Pope). Also you
shall take and seize into the King's hands all such goods and
chattels of said Thomas as are found in your bailiwick and have
them valued by oath of good and lawful men in your bailiwick
and have this before us on the same day with this order. Given
on the 11th day of February in the same year.
On which Saturday the sheriff answered that the said Thomas
was not in his bailiwick. Whereupon he was ordered to attach
Thomas before him and the keepers of the pleas of the Crown
of the said county in full county court under this form.'
'James Cornewalsh, etc., as above. Order to the sheriff to
summon Thomas, indicted for treasons, felonies and divers other
articles specially touching the King, before himself and the
Keepers of the pleas of the Crown as above, until according to
the law and custom of the land of Ireland he shall be outlawed if
he do not appear, and if he does then you shall take him and safely
keep him in the King's prison so as to have his body before us at
Dublin on Thursday next after the feast of St. Martin, Bishop,
to answer etc., and also you shall take and seize into the King's
hands all goods, chattels, lands, tenements, rents and services of
Thomas aforesaid, felon, wherever they shall be found in your
bailiwick, etc. and have the value returned before us on the said
day with this order. Given on the 28th day of April in the 18th
year. [April 28, 1440].'
'On which Thursday after St. Martin's day the sheriff answered
that the order had been executed as appears in the document
attached to the order.'
'County court of Dublin, held at Dublin before abovesaid
Sheriff and Keeper of the pleas of the Crown of the same county
on Tuesay next after St. Barnabas in the 18th year. Thomas
fitz Morice of Kyldroght, gentleman, contained in the writ
attached to this document, being a second time summoned
(exactus) at the suit of the King that he should come to the King's
peace to answer for divers treasons, etc., did not come nor
surrender himself to the said sheriff.'
'County court of Dublin, held (as before) on Tuesday next
after the Translation of St. Benedict in the said year, Thomas
fitz Morice, etc., being a third time summoned, did not come or
surrender, etc.'
'County court of Dublin, held at Dublin, etc., on Tuesday
before St. Laurence's day in the said year, said Thomas, being a
fourth time summoned, did not come or surrender, etc.'
'County court of Dublin, held at Garryeston, etc., on Tuesday
before the feast of the Nativity of the B.V.M. in the same year,
Thomas fitz Morice, being a fifth time summoned, did not come,
etc. Therefore he is outlawed. And he has no goods or chattels,
etc., in my bailiwick which can be taken into the King's hands.'
We therefore have thought fit to exemplify the record and
process of said outlawry under our Great seal which is used in
the chief Place (in capitali placea) of our said land.
In witness whereof we have had these our letters patent made.
(Teste Christopher Barnewell at Drogheda on the 8th day of
July in the 22nd year of our reign."
February 3, 1440.
July 8, 1444.
Note: - This and a proceeding Deed (101) throw light on the
obscure question of the succession in the Earldom of Kildare in
the years 1432-1456. According to Cokayne's Complete Peerage
(1929), Gerald, 5th Earl, who died in 1432, seems to have been
succeeded by his brother John, but as the latter was already old
he was probably dead by 1434. His son John 'Cam' (crooked)
was apparently not recognised by the government and the
succession is obscure till 1456 with the accession of Thomas, son
of John 'Cam,' in 1456 as 7th Earl.
The Thomas fitz Morice of the above Deed seems to be this
Thomas son of John 'Cam.' Kildroght was a FitzGerald manor.
Thomas later succeeded to the Earldom in 1456 and is reckoned
the 7th Earl. According to Cokayne he is called 'esquire' in a
deed dated April 13, 1453.
Fitz Morice had become the patronymic of the family from
Maurice, 4th Earl, who died in 1390. Thomas died in 1477 and
was succeeded by Gerald 'the Great Earl.'
There was now at this time a standing feud between the
Geraldines and the Butlers over the manors of Rathmore and
Maynooth, hence the preservation of this deed at Kilkenny.
Who the "Irish enemies" confederated with Thomas fitz
Maurice were is not clear. "O'Bren," "O'Brin," "O'Brynne,"
etc., are easy to cofuse as Anglo-Norman forms of "O'Brien" and
"O'Byrne." As to the O'Briens of Thomond, there was a
Brian-an-Chobhlaigh, son of Donough, son of Mahon, who died
in 1460. As regards the O'Byrnes of Wicklow, Mr. Liam Price
informs me that the genealogies in Leabhar Branach and Mac
Firbis give "Bran" as the name of the father of Tadhg Mor na
hIubhraighe (Newrath): the latter flourished towards the end
of the 15th century. The Bran in the deed may then be the
father of this Tadhg.