Henry of Monmouth, Volume 2 / Or, Memoirs of the Life and Character of Henry the Fifth, as Prince of Wales and King of England

by James Endell Tyler

The statute then provides, that if any bishops act against this law, their temporalities shall be seized for the King till they have given satisfaction; that the Lieutenants shall be prohibited from granting such licences to Irishmen; and that all such licences, if made, shall be null and void.

Perhaps, however, the words of the petition to the Commons, on which this enactment was founded, are still more striking and convincing on the subject.

"To the honourable and wise Sires, the Commons of this present Parliament, the poor loyal liegemen of our Sovereign Lord the King in Ireland. Whereas the said land is divided between two nations, that is to say, the said petitioners, English and of the English nation, and the Irish nation, those enemies to our Lord the King, who by crafty designs secretly, and by open destruction making war, are continually purposed to destroy the said lieges, and to conquer the land, the petitioners pray that remedy thereof be made."[178]

When Henry of Monmouth succeeded to the throne, Ireland was as wild[179] in its country, and as rude in its inhabitants, as it was in the reign of Henry II. The English pale (as it has been correctly said) was little more than a garrison of territory; and it was absolutely necessary either for the English inhabitants to leave their possessions and abandon Ireland altogether, or for the English government to keep the aboriginal Irish in check with a strong hand, and compel them by military force to abstain from outrage. What would have been at the present day the state of Ireland, had Henry directed his concentrated energies to subdue the island, and then to civilize and improve it, (measures by no means improbable had not the conquest of France occupied him instead,) it would be profitless to speculate. Even with his thoughts distracted by his foreign expeditions, or rather, perhaps, almost absorbed by them, and whilst he had but a very scanty contingent of officers and men at his disposal for home-service, we have evidence that Ireland had not been in so peaceable a condition for very many years as it had become under his government. Whilst pursuing his victories on the Continent, he laboured (and his labours were in an astonishing degree successful) to provide for the effective administration of his own dominions with a view to peace and justice.

A memorial forwarded this year to Henry, probably in consequence of certain complaints of maladministration which had been sent to the council the preceding winter, is very interesting. It is signed by a large number of persons, lay and ecclesiastical: bishops, abbots, priors, archdeacons, barons, knights, and esquires joined in the petition.[180] The prayer of the memorial was professedly to procure a fuller remuneration to the then Lord Lieutenant,[181] John Talbot, Lord Furnival, for his indefatigable and successful exertions in subduing "the English rebels and the Irish enemies;" it was, however, evidently intended to obtain a still greater share of the King's attention, and of the public expenditure in that island. The memorial commences by expressions of loyalty to Henry's person, the petitioners desiring above all earthly things to hear and to know of the gracious prosperity and noble health of his renowned person, to the principal comfort of all his subjects, but "especially of us who are continuing in a land of war, environed by your Irish enemies and English rebels, in point to be destroyed, if it were not that the sovereign aid and comfort of God, and of you our gracious Lord, do deliver us." It then states that they had prevailed upon the Lieutenant[182] not to persevere in his intention to leave Ireland for the purpose of applying to Henry in person for payment and relief, expressing their great alarm should his presence be withdrawn from them. The memorialists then dwell at great length upon the vast labours, travails, and endeavours of Lord Furnival for the good of all Henry's lieges; but those labours were only military proceedings: every sentence of the memorial breathes of war, and slaughter, and destruction. One of the chief topics in his praise is that he remained many days and nights ("the which was not done before in our time") in the lands of various of the strongest Irish enemies (specifying them by name), taking their chief places and goods, burning, foraging, and destroying all the country, and in many places causing the Irish rebels to turn their weapons against each other. The document then shows the precarious tenure of goods and of life among the English at that time in Ireland; how they were "preyed upon and killed," and what a wonderful change had just been effected by the vigorous measures of Lord Furnival. "Now your lieges may suffer their goods and cattle to remain in the fields day and night, without being stolen or sustaining any loss, which hath not been seen here by the space of these thirty years past, God be thanked, and your gracious provision!" It also states that Maurice O'Keating, chieftain of his nation, traitor and rebel, did on the Monday in Whitsun-week, (i.e. May 31st, not a month before the date of the memorial,) "for the great fear which he had of the Lieutenant, for himself and his nation, yield himself without any condition, with his breast against his sword's point, and a cord about his neck, delivering without ransom the English prisoners which he had taken before; to whom grace was granted by indenture, and his eldest son given in pledge to be loyal lieges from henceforward to you our sovereign Lord." This memorial, dated June 26th, "in the fifth year of your gracious reign," 1417, must have reached Henry on the very eve of his setting out on his second expedition to Normandy.

The complaints, to answer which, among other objects, we have already intimated an opinion that this memorial might possibly have been partly prepared, were taken into consideration on the 28th of the preceding February by the King himself in council, and are by no means devoid of interest, though only a cursory allusion to them can be made here. Among the grievances are certain "impositions outrageously imposed upon them;" the seizure of the wheat and cattle belonging to churchmen by the officers and soldiers of the Lieutenant, contrary to the liberties of Holy Church; and the non-execution and non-observance of the laws in consequence of the insufficiency of the officers. To these complaints the King replies that, at the expiration of Lord Furnival's lieutenancy, he would provide a remedy by the appointment of good and sufficient officers. The terms of indenture, by which the King and Lieutenant were then usually bound, probably presented an obstacle to any immediate interference.

But the most interesting point in these complaints is the prayer with which they close. It proves that, in the view of the complainants, (and probably theirs was the general opinion,) absenteeism was then very prevalent, and was held to be one of the greatest evils under which Ireland was at that time suffering; it informs us also that Irishmen born (that is, however, men of English extraction born in Ireland,) were advanced to benefices in England; and it shows that many such natives of Ireland were in the habit of coming to England for the purposes of studying the law, and of residing in the Universities. The complainants "require that through the realm of England proclamation be made that all persons born in Ireland, being in England, except persons of the church beneficed, and students and others engaged in the departments of the law, and scholars studying in the Universities, betake themselves to the parts of Ireland, for defence of the same.

To this petition the King only replies, that "he grants it according to the form of the statute made in that case."

The statute to which Henry here refers was made in the first year of his reign. It bears incidental testimony to his mild and merciful disposition, as compared with the feelings and views of his contemporaries; and shows that in legislation he took the lead of his parliament in preferring mild and moderate to violent and sanguinary measures.

The Commons pray that the penalty of absenteeism after the proclamation should be loss of life or limb, and forfeiture of goods; the King consents only to imprisonment, instead of death and mutilation. "The Commons," (such are the words of the record,) "for the quiet and peace of the realm of England, and for the increase and welfare of the land of Ireland, pray that it may be ordained in the present parliament, that all Irishmen, and all Irish begging clerks, called Chaumber Deakyns [chamberdeacons], be voided the realm between Michaelmas and All Saints, on pain of loss of life and limb; except such as are graduates in the schools, and serjeants and students of law, and such as have inheritance in England, and 'professed religious;' and that all the Irish who have benefices and office in Ireland live on their benefices and offices, on pain of losing the profits of their benefices and offices,—for the protection of the land of Ireland." The King grants the prayer, but modifies the severity of the penalty proposed by the Commons, limiting the punishment to the loss of goods, and imprisonment during the royal pleasure; and excepting merchants born in Ireland of good fame, and their apprentices, now being in England, and those to whom the King may grant a dispensation.