CHAPTER V
Reign of King John A.D. 1190, to A.D. 1216.
King John, who had been lord of Ireland since 1177, usurped the crown of
Great Britain, on the death of his brother 'Richard. Arthur, nephew of
John, was the rightful heir, but he was, it is said, murdered, by order
of 'his uncle, .who by this nefarious deed secured die succession to the
throne. Hubert, archbishop of Canterbury, was a chief instrument in
effecting this usurpation. The pen of the bard of Avon, as well as that
of the graver historian, have done ample justice to the transactions of
this dark period in our annals.
William, Earl Marshal, was created earl of Pembroke, by the king, on
.the 27th May, 1199. Thus was he raised to the high rank, as he already
enjoyed the extensive possessions, of the late Richard, earl of
Pembroke, his father-in-law.
In this reign, Gilbert de Borard founded a preceptory at Killarge, in
our county, under the invocation of 'St. John the Baptist, for Knights
Templar’s (6).
Herlewin succeeded John in the bishopric of Leighlin, in the year
1201. He was, like his predecessor, a Cistercian monk. The order of
Cistercians was by far the most wealthy in the kingdom; which
circumstance will amply account for the advancement which so frequently
attended them. He bestowed on the burgesses of Old Leighlin, their
burgages or dwelling-houses, accompanied by a grant of the franchises or
free-laws of Bristol, (on the rules of which corporation, many in
Ireland were modelled); reserving to his see a yearly rent of
twelve-pence out of every burgage.
This was the first charter of Old Leighlin; but I cannot find that
any full copy of it is extant. We should observe, that the word burgage,
here used, is to be taken in a sense different from its common
acceptation. It is generally understood to mean, a socage tenure, .by
which a citizen, burgher, or townsman, held his house or lands within
the city, borough, or town from the king or lord, at a certain yearly
rent; and was classed among the ignoble tenures, which had no relation
to knight's service. Here, however, it is to be taken as implying, not
the tenure, but the dwelling-house in a borough town; or a burgess's
house. A burgage in some places is called a frank-house. The liberties
of Old Leighlin extended about a mile and a half round the town, and
were defined by large stones, inscribed
Terminus. burgens. Lechlinen hic lapis Est
William, Earl marshal, and earl of Pembroke arrived in Ireland,
A,D.1207. Since his recall from the government of Ireland, he had been
employed by John as ambassador to the French court, and in other offices
of importance. He was much, and justly, in great favour with the royal
family ; as is evidenced by the repeated honours and splendid gifts
conferred upon him.
The earl commenced the erection of his castle of Kilkenny,
immediately alter his arrival, and in the following year (1208) was.
Presented by his sovereign with a renewal grant of the principality, of
Leinster, which he enjoyed in right of his wife.
This charter, (which may be seen among the records preserved in the
tower of London, dated 9th John, 18th March,), appears to have contained
some exceptions as to royalties, which were not introduced into that
granted by Henry II. to Strongbow. The following is an abstract of its
contents. It confirms to Earl William of his lands in Leinster, with the
appurtenances, to hold to him and his, heirs by the service of an
hundred knight's fees: saving to the king and his heirs, the city of
Dublin, and two cantreds adjoining, and the coinage of money, and suit
and service of the county of Dublin, as was heretofore customary. Saving
also to the king and his heirs, the pleas of the crown, as treasure,
trove, rape, forstall, burnings, and appeal for breach of peace, or
felony between the inhabitants of his territory. Saving likewise
complaints for want of justice in his courts, so that the complainant
may prove the default in the king's court, and that the plea should
receive its final determination by the king's writ: saving also, that if
anyone should complain of injury done him by earl William or his court,
and the complainant gives recognisances and pledges in the king's court
to prosecute his complaint, that the said plea be determined by the
judgment of the king's court. Finally, saving the collation of
bishoprics and dignities belonging to them. Then the king grants to Earl
William, the custodian of idiots of the lords of these "fees, which
otherwise are held of the king in capite; saving the marriages of the
heirs of such fees
On the 8th day of November, 1208, John further granted to William,
Earl marshal and Pembroke, the Marshalship of Ireland, In fee; by patent
dated at Woodstock.
About this period, the said earl marshal, incorporated the town of
Kilkenny, exempting it from toll, lastage, pontage, and all other
customs throughout Leinster; and there can be no doubt, that it was at
the same time he granted the following charter to "Carlow, (being the
first it received) as the privileges run in the same terms.
CHARTER GRANTED TO THE BURGESSES OF CATHERLAOH BY WILLIAM EARL
MARSHAL AND EARL OF PEMBROKE.
(Translation) Be it known to all men, now and hereafter, that I,
WILLIAM MARSHAL, EARL OF PEMBROKE, have granted to my Burgesses of
Catherlagh all such liberties as Burgesses ought to have, and as it is
lawful for me to confer, to be held and enjoyed forever of me and my
heirs by them and their heirs.
Imprimis, viz. That no Burgess shall be drawn into any suit, answer
any plea which shall arise within the bounds of the Borough, in the
castle, or elsewhere, than in the hundred court' of the town; except
pleas which concern the men of my household or my bailiffs; but it shall
be held in the hundred court of the town. No homicide committed within
the bounds of the manor shall be esteemed a murder. Item, no Burgess
shall be compelled to single combat, or any appeal which may be made
against him, unless for the death of a man and for larceny, or any other
plea for which single combat can be reasonably awarded. Also the said
Burgesses shall be quit of toll, lastage, passage, pontage, and all
other customs throughout my whole territory and jurisdiction, except in
my town of Pembroke and my town of Wexford.
No Burgess shall be amerced in any sum of money unless by the
adjudication of the hundred courts, and that amerciment also to
tinutmost shall not exceed ten shillings; the half of which shall be:
excused and the other half rendered as an amerciment. But in minor
pleas, such as of bread and beer, or other like forfeiture, the
amerciment shall not exceed two shillings; the half of which shall in
like manner be remitted, and the other half shall be rendered as an
amerciment; and if anyone for bread and beer, or such like, shall have
incurred an amerciment for the first time, it shall not exceed two
shillings, the half of which shall be remitted,' as has been before
said, and the other half rendered as an amerciment. But if on second
offence, he shall have incurred a like penalty, he shall pay two
shillings, and if on third offence he shall have incurred like judgment,
he shall pay half a mark, and the hundred courts shall be held weekly.
Item, no Burgess shall be drawn into any suit by misnomers. Item, it
shall be lawful for every Burgess to plead without frequent motion; it
shall be lawful for the said Burgesses to distain their debtors, by such
distress as shall be found in the town of Catherlagh, or if it happens
that the plea shall be of live stock or for distress taken and brought
into the hundred, and if perchance it shall have happened that toll
shall have been taken from any Burgess within my land, or jurisdiction,
if any one shall have taken it and have been required to restore it, and
shall have refused by seizure, if the goods of any one of the same place
from whence he is, shall be found at Catherlagh, they shall be distained
to recompense them. It shall not be lawful for any foreign merchant to
sell cloth by retail, or to keep a wine tavern in the town of
Catherlagh, unless for forty days; and if anyone would have it for a
longer period, what remains shall be seized for the common profit of the
Burgesses of the town. No Burgess shall be driven or distrained within
my land or jurisdiction for another's debt, or unless he be surety or
principal debtor.
No Burgess shall be compelled to bail anyone, even though he should
have holden from him unless by his own free will I have also granted to
the said Burgesses of Catherlagh, that they may contract marriage for
themselves, their son?, daughters, and widows, without leave of their
lords, unless they hold foreign tenements outside the borough of me in
chief; none of the lords of which Burgesses of Catherlagh who held
foreign tenements shall have the custody or giving away of their sons,
daughters, or widows; but, nevertheless, they shall have the custody of
their own tenants until those who have been in their custody shall
arrive at age, unless they held of me in chief, as aforesaid, without
the Borough. It shall also be lawful for the said Burgesses to have a
guild of merchants and other guilds, and their freemen with every
liberty belonging to them, as is the custom of other good towns. It
shall be also lawful for the said Burgesses to dispose of their
tenements which they held in Burgage without prejudice or injury to
their neighbours, as they shall deem expedient, whether edifices, or
gardens, or enclosures, or other things. I have also granted to them
power to dispose of all their acquisitions, whether by gift, sale, or
mortgage, without my consent, saving the services which are therefore
due, except to religious men. It shall be lawful for the said Burgesses
outside my inclosures to have common of my woods. Item, no Burgess shall
be compelled to lend his chattels, unless security be first given him of
restoring them at a certain day; and if any Burgess shall of his own
accord lend his chattels to the bailiffs of my castle, if they be not
delivered up within forty days, he shall be paid for their use beyond
that time. And if perchance there shall a rise a change in my bailiffs,
or my bailiffs shall resign, I will compel the bailiff, so retiring, to
restore his due to them, as they shall be able reasonably to prove him
indebted.
I have also granted to my said Burgesses to have the power of making
such of their tenants free hold tenements of twenty feet of land, that
thus they may enjoy a common liberty with the Burgesses. It may be
lawful for my said Burgesses to establish and prove their debts by suit
of lawful men. I have also granted to them, that if any man shall have
taken their chattels for another's forfeited without the borough; they
shall be restored to them without question, if they shall be able
reasonably to prove them their property. I have also granted to the said
Burgesses a light to grind their corn in my mills for a reasonable toll.
I have besides granted to the said Burgesses, that they and their heirs
may have and hold of my heirs freely and quietly forever, their Burgages
with their appurtenances for the rent of ( ) Geoffry Fife-Robert first
constituted, viz: Each burgage with its appurtenances for this rent of
twelve pence per annum, to be paid, half at the feast of Easter, and the
other half at the feast of St. Michael. 1 will, also, that no assize of
victuals shall be made in the borough unless by joint consent of the
Burgesses and my bailiffs, and, that this concession at all future times
may continue firm and stable. I have confirmed this charter with my
seal. Witness, John Marshall, Thomas Fitz-Winton, then Seneschal of
Leinster, Fulk Fitz- Warine, Walter Purcell, William Grasse, jun. Hamond
Grasse, Roger Hyde, Rodolph do Ralegh, Robert de Crupt, Master
Henry, Master Hugh, Ralph and Robert, clerks, and many others.
The situation of Ireland had become so deplorable, from the
turbulence and disloyalty of the natives, and other causes, that in the
yew 1210, John found it necessary to embark for Ireland. He landed at
Waterford on the 8th of June; when O'Neill and twenty other aboriginal
chieftains made their submission. The king then diligently undertook the
improvement of the circumstances of the country. And first, he coined
money and rendered it current in both kingdoms, by his proclamation; in
the next place, he proceeded to establish the English laws in Ireland.
Henry II bad done as much us time and the state of affairs permitted;
but John made a more ample arrangement in all important matters. He
erected or confirmed the division of that part of the country subject to
him, into twelve counties, f among which Catherlagh, or Carlow, was one.
He appointed sheriffs and other officers as in England. He caused an
abstract of the English laws and customs to be drawn up in writing; to
which he affixed his seal, and had it deposited in the office of the
Exchequer at Dublin. He further, with consent of parliament, ordained
that said laws should be observed in Ireland, and erected courts of
justice in the metropolis:}: It is, however, to be observed, that the
Irish continued generally amenable to their own laws; a practice, the
permission of which, was a deplorable error on the part of the
government.
John returned to England on the 30th of August, 1210; having done
much towards amending the miscarriages of his former visit to Ireland.
The country continued comparatively tranquil during the six remaining
years of his reign. King John died, at Newark, on the 19th day of
October, 1216
("Spelling are as seen in the book")
CHAPTER VI
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