September,

1496.

1500.

104.

["Annals of Ulster," iii. 409.]

The Earl of Kildare, namely Gerald, son of Thomas, son of John the Stooped, came to Ireland this year, a week before Michælmas, as justiciary over the foreigners of Ireland and with great honour from the king of the Saxons and a daughter1 of the brother [uncle] of the king himself namely, daughter of the abbot of Glastonbury, his wife, with him.

105.

["Annals of the Four Masters," iv. 1255.]

An army was led by O'Donnell, i.e. Hugh Roe, into Tyrone, and burned the town of O'Neill of Dungannon, demolished the old castle, and burned the crannog of Loch-Laeghavie, and then returned home, not meeting any opposition on this occasion.

An army was led by the Lord Justice of Ireland (Garrett, the son Thomas, Earl of Kildare) into Tyrone; and another army was led by O'Donnell, i.e. Hugh Roe, so that he joined the chief Justice at the castle of the sons of John Boy O'Neill, i.e. the castle of Kinard, which they besieged until they took it. The town was afterwards given up to Turlough, the son of Con O'Neill; and these chiefs then returned home. O'Donnell, after his return from this expedition, proceeded vigorously and resolutely into Tirerrill, and plundered the descendants of

1 Elizabeth St. John, whose grandmother after the death of her first husband, Sir Oliver St. John, married John Beaufort second Duke of Somerset and became mother of Margaret Beaufort. Elizabeth was thus only cousin of the half-blood to Henry VII ("Dict. Nat. Biogr.," l. 150).

No St. John appears among the abbots of Glastonbury; see "Victoria County History, Somerset," ii. 93.

Brian Mac Donough, who were then at enmity with him, 1500. after which he returned home.

The aforementioned Turlough (to whom the Lord Justice had given up the castle of Kinard) was, at the end of six weeks afterwards, taken by O'Neill (Donnell), in O'Neill's own castle; and his creaghts were taken from him, which gave rise to much war in Tyrone.

106.

["Annals of Ulster," iii. 465.]

The wife of the king of the Saxons died [this] year: 1503. to wit, the daughter of king Edward [IV], and Isibel [was] her name; a woman that was of the greatest charity and humanity from Italy to Ireland. And the daughter of the king of Castile was given in her place to the king [sic]. A summons from the king of the Saxons this year to the Justiciary, that is, to the Earl of Kildare, namely, to Gerald, son of Earl Thomas, and he went on ship the Sunday [April 30] before May Day in the town of Ath-cliath.

The Justiciary, namely the Earl of Kildare, that is, Gerald, son of Thomas, came with great honour from the king of the Saxons to Ireland this year, at the end of a week of Harvest. And his son, who was eight years in London in pledge of constancy [of loyalty] from him with the king was brought with him by him, and a wife had been given to his son in the east, namely the daughter of an Earl.1

1 Elizabeth, daughter of Sir John Zouche of Codnor; the Zouches of Codnor were not of baronial rank, though their kinsmen of Harringworth were.

1504.

107.

["Annals of the Four Masters," v. 1277.]

A great army was mustered by the Lord Justice, Garrett, the son of Thomas, Earl of Kildare. He was joined first by the chieftains of Leath-Chuinn, namely O'Donnell, i.e. Hugh Roe, and his son; then by the principal chieftains of Kinel-Connell, and a party of the Counacians, namely, O'Conor Roe, i.e. Hugh, the son of Felim Finn; and MacDermot, Lord of Moylurg. There came also in the same muster [all] the chiefs of Ulster, except O'Neill, namely, Art, the son of Hugh O'Neill, Tanist of Kinel-Owen; Donnell, the son of Magennis; MacMahon, and O'Hanlon; also O'Reilly, and O'Farrell, i.e. the bishop; O'Conor Faly; the O'Kellys; the Clann-William Burke; and the forces of almost all Leath-Chuinn. These numerous forces marched, without stopping, till they arrived in Clanrickard. MacWilliam of Clanrickard mustered a great army to give them battle, namely, Turlough, the son of Teige O'Brien, Lord of Thomond, and his kinsmen, with their forces, the Sil-Aedha; and Mulrony O'Carroll, Lord of Ely, with all clans and chieftains, joined by the chieftains of Ormond and Ara. Mac William and O'Brien, with their forces, then came to a brave resolution not to yield submission or hostages to their enemies, but to come to a battle with them exactly at CnocTuagh. A fierce battle was fought between them, such as had not been known of in latter times. Far away from the [combating] troops were heard the violent onset of the martial chiefs, the vehement efforts of the champions, the charge of the royal heroes, the noise of the lords, the clamour of the troops when endangered, the shouts and exaltation of the youths, the sound made by the falling of the brave men, and the triumphing of

THE BATTLE OF CNOC-TUAGH

291

the nobles over the plebeians. The battle was at length 1504. gained against MacWilliam, O'Brien, and [the chiefs of] Leath-Mhogha; and a great slaughter was made of them; and among the slain was Morrough Mac-I-BrienAra, together with many others of the nobles. And of the nine battalions which were in solid battle array, there survived only one broken battalion. A countless number of the Lord Justice's forces were also slain, though they routed the others before them. It would be impossible to enumerate or specify all the slain, both horse and foot, in that battle, for the plain on which they were was impassable, from the vast and prodigious numbers of mangled bodies stretched in gory litters; of broken spears, cloven shields, shattered battle swords, mangled and disfigured bodies stretched dead, and beardless youths lying hideous, after expiring. After having gained this victory, the Lord Justice proposed to O'Donnell that they should go immediately to Galway, and O'Donnell replied [as follows]: "A considerable number," said he, "of our forces have been slain and overpowered, and others of them are scattered away from us, wherefore it is advisable to remain in this place to-night, in token of victory, and also to pitch a camp, for our soldiers and attendants will join us on recognizing our standards and banners." This was accordingly done, and on the following day the Lord Justice and O'Donnell proceeded to Galway, the Lord Justice carrying with him, as prisoners, the two sons, and also a daughter of MacWilliam. They remained for some time together in this town, cheerful and elated after the aforesaid victory. They afterwards went to Athenry, and obtained possession of the town; [whereupon] O'Donnell and the other chiefs took their leaves of the Lord Justice, and went home to their respective houses.

1485.

B. LEGISLATION.

108.

["Year Books," ed. 1679, 1 Henry VII, p. 2. This interesting case raised the question of the competence of the English Parliament to bind Ireland, and a number of other constitutional points connected with the relations between statute law and the prerogative.]

Touts les Justices en l'Eschequer Chambre estants, fuit move un Question parenter ceux de ville de Waterford en Ireland, & Sir Thomas Twayts Treasourer de Caleis, de ceo que ceux de Waterford eskippe certain Wools, & autres merchandizes oustre la mer entend a auters lieux que a Caleis, & le dit Treasourer per colour de Statut prist les merchandizes come forfaits etc. Et ceux de Waterford justifia lour dit per chartres & licence H. 6. & E. 4. Et le bill et le respons, & le replication faits en temps le dit Roy Richard furent reherses, mes ceux de Waterford aver renewe lour bill come bill fait en temps le Roy qui or est. Et prier respons & deliverance de lour matre. Et les Justices disoient, estant le Chancelier la, & le privý séel la, qui ils ne puissont, ne voulent proceder sur ceo novel bill tanque le Treasorer Thwaites fuit garny. Et issint adjornez,

etc.

Hussey Chief Justice disoit que les Statuts faits en Angleterre liera ceux de Ireland. [Que ne fuit].1 Que ne fuit moult dedit des autres Justices, nient obstant que ascun de eux furent en contraria Opinione le derrein terme en son absence. Donq disoit que est a voir les Statuts, & comment les Statuts & lour lettres

1 Sic in text;? repetition. This judicial decision anticipates Poynings' law.

2 The Waterford charters.