Pages and footnotes are true to book as originally published, thus they appear with sequence gaps here.


Calendar of Ormond Deeds
Volume III
1413-1509 AD
(ed. Edmund Curtis, Litt D)
Dublin
published by the stationary office
1935
Price Twenty Shillings

v3 p1

  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.


v3 p119

  135
Letters patent of Henry VI on the outlawry of Thomas fitzMaurice.


  "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.