When than in a struggle against the purely native race. Richard the Second in 1394 came over to Ireland, the force at his command, it is true, for a time brought the lapsed chiefs again to their allegiance, but the revival of English authority was only temporary. The absenteeism of many of the loyal lords prevented any possibility of the retention of power over the Anglo-Irish chieftains, and the prohibition of absenteeism under pain of forfeiture does not appear to have efficaciously grappled with the difficulty. The circle of the English colony grew steadily less, and in the reign of Henry the Fourth there are significant proofs of the decreased power of the Pale and the formidable encroachments upon it by the Irish, in the licenses given to particular colonists to war with "the enemy." In addition there are licenses to trade, and (despite the Statute of Kilkenny) to intermarry and to enter into gossipred and fosterage with the Irish, which are manifestly concessions to the exigencies of circumstances'; a fact further shown by the payment of 'black rent' by the English authorities to buy off the hostility of neighbouring chieftains. Towards the end of this reign it was admitted in Parliament by the Speaker of the English House of Commons that the greater part of Ireland had been 'conquered' by the natives'; and the conquests of Henry the Fifth in France prevented a great military genius from employing in the subjugation of what was nominally his own kingdom, the army with which for a time France was 'reduced to an English province".' 1 Instances of these licenses are quoted by Moore, Vol. 1. pp. 148, 149: (1) To make war... "Rex, pro eo quod maneria et possessiones Cornelii Episcopi in Lym. in frontura marchiarum inter Hibernicos inimicos et Anglicos rebelles sita sunt, concessit ei, tenentibus et serventibus suis quod ipsi cum dictis Hibernicis, etc. tractare possent." Pat. Roll 10 Hen. IV. (2) For fosterage..."Rex, pro servicio, licentiam dedit Willielmo filio Henric. Betagh quod ipse Elizam filiam suam cuidam Odoni Oraylly Hibernico dare possit ad nutriendum." Pat. Roll 7 Hen. IV. 2 See Lingard's Hist. of Eng., Vol. II. p. 320. 3 A military expedition round the borders of the Pale was indeed carried out with success during this reign by Sir John Talbot, but it was productive of no lasting effect and is mainly noticeable from the fact that the ill-paid soldiery levied 'coyne and livery' on the inhabitants of the Colony; a curious instance of the vitality of the Irish customs. REESE LIBRARY OF THE UNIVERSITY CALIFORNIA The inattention displayed by the conqueror of Agincourt to the needs of Ireland was not caused by any want of energy on the part of the English colony there in proclaiming their grievances. In the Close Roll of 9 Henry V. is a most lengthy petition' for redress of their wrongs, which amongst other points complains to the king that "his poor lieges are distressed, and his land, for the greater part, wasted and destroyed by the Irish enemies and English rebels, as well by their continual wars on his said lieges in each country of his said land, as by divers extortions, oppressions, non-payments and evil coignes by divers lieutenants......and by default of due execution of his laws." Henry the Fifth, however, was totally engrossed by continental conquest, and no heed seems to have been paid to the representations from Ireland. On his death the guardians of Henry the Sixth had more important matters to deal with at home, and the result of this neglect was soon apparent. About this time it was stated "yr is not left in the nethir parties of the counties of Dyvelin (Dublin), Mith (Meath), Loueth and Kildare, that yoynin to gadyr, oute of the subjection of the saide enemyes and rebels scarisly xxx miles in lengthe, and xx in brede ther, as a man may surely ride other go, to answerre to the Kynge's writtes 2." 1 Quoted in full by Sir W. Betham, The Constitution of England and Ireland, pp. 335-350. 2 Sigerson, p. 21: see also two representations of the state of Ireland sent to Hen. VI. which are in the Close Roll 7 Hen. VI. and 14 Hen. VI. respectively, both are quoted by Betham, pp. 353–365. CHAPTER IV. THE COLONY OF THE PALE (FROM HENRY VII. TO JAMES I.). WHEN the House of Tudor ascended the English throne a marked change came over the relations of England to Ireland. Following out in succession that bent for the establishment of law and order which was the distinguishing characteristic of these powerful sovereigns, a determined effort was made to reduce to subjection the turbulent country. Henry the Seventh was not firmly enough seated on the English throne to accomplish much, but after the defeat of the Anglo-Irish expedition in favour of Simnel at Stoke he sent Sir Richard Edgecombe in 1488 to exact new oaths of allegiance from the Irish feudatories'. It is curious, therefore, to note that Henry the Seventh seems to have considered that the policy of Henry the Second as to the subjection of Ireland by the agency of feudal lords, was the best plan of introducing order into the country; whereas in England his efforts were directed to breaking the power of the barons. After the Warbeck plots the famous Statute of Drogheda termed 'Poyning's Law" was passed, which restricted the holding of Parliaments in Ireland save when the causes and considerations of Acts intended to be passed had been approved by the English King and Council3. It was to the provision of this law respecting the maintenance of a frontier fortification by the English settlement that the term Colony of the Pale' is due. Acts of this date also revive the Statute of Kilkenny*; contain many provisions for 1 Field, p. 248. 2 Passed at Drogheda in November, 1494, called after Sir Edward Poyning, then sent into Ireland as deputy. 3 10 Henry VII. c. 4 (Irish). the better protection of the Marches1; and deal with the heavy exactions by the lords, a very necessary step, for "doomed to suffer by the peculiar oppressions of both countries, Ireland was harassed not only by her own ancient exactions, coyne and livery, but also by the English mode of extortion, purveyance." Eventually Henry the Seventh seems to have abandoned his original plan of ruling by means of the Anglo-Irish barons, for, with a view to crushing their power, an Act was passed for the resumption of the greater part of the crown grants made since the time of Edward the Second'. It is important to bear in mind that though when first made laws practically affected merely the Colony of the Pale, yet as the power of the crown extended over Ireland so did the statute law. On the accession of Henry the Eighth a policy, at once more extended in its aims and more vigorous in its execution than had before characterized the English relations with Ireland, was entered upon. This as first carried out was free from the severity which it afterwards developed. Still following the idea of obtaining subjection by means of crown feudatories Henry strove to resuscitate the system of AngloIrish lords, and to assimilate the native Irish Princes to the same model. The desire to vest large estates in the grantees of the crown evidently aimed at the hold which would be thus obtained upon such grantees by the forfeiture to which their estates would become liable in case of treason; and it was doubtless considered that the antagonism of interest created between the feudal grantee and tribal usage would lead to the total overthrow of the popular system. To the ever recurrent overthrow of schemes which the English, to do them justice, considered great reforms, must be ascribed much 1 10 Henry VII. c. 10 (Irish). 2 Ib. c. 18 (Irish). 3 Moore, Vol. I. p. 221. By 10 Hen. VII. c, 22 all the statutes made in England relating to the public weal were made good and effectual also as regards Ireland. Cox, p. 189. Henry however par doned most of the great men who had been engaged in the Warbeck Plot, and the Liberties and Charter of Youghal were restored and confirmed. Cox, p. 192. 5 O'Connor Morris, L. Q. Review, 1887, p. 138. 6 See Intro. A. L. of I. Vol. III. of the bitterness of feeling with which Irish customs were regarded. A report prepared for Henry the Eighth in 15151 gives a graphic description of the state of Ireland at that time; after prefacing that "Ther byn more than 60 countryes, called Regyons, in Ireland, inhabytyd with the Kinges Irish enymyes; some region as bygge as a shyre, some more, some lesse, unto a lytyll; some as bygge as halffe a shyre and some a lytyll lesse; where reygneith more than 60 chyef Capytaynes wherof some callyth themselffes Kynges,......that lyveyth onely by the swerde, and obeyeth to no other temperall person, but onely to himself that is stronge; and every of the said Capytaynes makeyth warre and peace for hymself, and holdeith by swerde, and hath imperiall jurysdyction within his rome, and obeyeth to noo other person, Englyshe ne Iryshe, except only to suche persones, as maye subdue hym by the swerde:" it deals at some length with the native Irish and the Anglo-Irish leaders, and says "The names of the Countyes subjett unto the Kinge's lawes Halff the countye of Uryell (Louth) by estimation "All the comyn peoplle of the said halff countyes, that obeyeth the Kynge's lawes, for the more parte ben of Iryshe byrthe, of Iryshe habyte and of Iryshe langage?" The report continues that tribute was paid by the English settlement to the wild Iryshe : "The countye of Uryell payeth yerely to the great Oneyll 40£ |