[Excerpts from "Calendar of the Patent and Close Rolls of Chancery in Ireland of the Reigns of Henry VIII., Edward VI., Mary, and Elizabeth, Vol. I", ed. by James Morrin, 1861] [excerpted by Mark A. Murphy, 10 Jun 2005] [Notes: Murphy is derived from Murchada, prounounced "Muraghoo". The asterisk * denotes the year of the monarch. p. 43 (1538-9) Membrane I. 29, 30 Hen. VIII. 68. Treaty of peace between Lord Gray, the King's Deputy, and Charles M'Yncrosse Cavanaghe, otherwise M'Mingho, chief of his nation. (As the enrolment is obliterated, we supply the treaty from the memoranda roll of 13 and 14 Elizabeth, M. 13.) "The agreement, ordinances, and covenants, made between the Lord Deputy and other Commissioners of the King's Majesty, whose names are subscribed, and Cahir M'Innycrosse; Gerald Sutton; Art, son of Donald; Maurice, son of Art buoy; Cahir, son of Art Cavenagh; Dowlyn Cavenagh, and other principal men of the nation of Cavenaghs, at the town of Ross, the 3rd of September, in the thirty-fifth year of the reign of the most Serene Prince our Lord Henry the Eighth, by the grace of God King of England, France, and Ireland, to be observed by the subjects of his Majesty commonly called the Cavenaghs.- Anthony St. Leger, scilicet. "First, it is covenanted, ordained, and agreed to, that as the castles and manors of Ferns and Enniscorthy are proper and peculiar manors of our Lord the King, that they....shal have such and so ample territories, and arable lands, woods and pastures, as Thomas Eustace, Viscount Baltinglas; John Travers, Master of the Ordinance; Edward Basnet, Dean of St. Patrick's; Richard Butler and Robert St. Leger, esquires, or three of them; and as John O'Doran, Ferganyn O'Doran, Caher son of Art, Moriertagh son of Art buoy, and Gerald Sutton, Cavenaghs, or three of them, shall limit, bound and assign. "Further it is agreed by the Lord Deputy and Council, and the Cavenaghs, that the King in same manner, after this, shall peaceably have the castles of Cloghamon and Clonmullen, with all their territories, according as the aforesaid Viscount, John Travers, Dean, and others, the said Commissioners, shall limit, bound, and assign. "That the Cavenaghs shall make a new partition and divi- p. 44. sion of all their lands, so that all those who may lay claim to the territories of the manors and castles aforesaid, so assigned, or who had them heretofore in possession, may be recompensed by the same, as to the said commissioners may seem expedient. "In like manner it is agreed that all those who may have any lands vacant and waste, and at present uncultivated, shall cultivate and till the same lands within the space of a year, under penalty of forfeiting all said lands for ever to the King. "And lest any obstacle shall prevent the inhabiting and cultivating such lands, on account of the poverty of the Lords of these waste lands, our Lord the King will accomodate the needy with certain moneys for buying horses and other necessary instruments of culture, until such time as by the more abundant produce of their lands they may be able to repay the same, provided they pledge a third part of their said lands to the King's Majesty in security of said repayment, as the custom of warranty runs, and is practised in that country. "It is agreed that after the Cavenaghs have made the partitions and divisions of lands amongst themselves, and each shall have been impartially apportioned to its possessor, then the Deputy and Council shall, to the utmost of their power, endeavour to procure royal letters patent to confirm to each, and to their heirs, the said lands for ever, after the custom of the English. "It is agreed that all waste and unfruitful lands shall be exonerated for three years from the impositions called "coyne and lyverye," carriage, and such like exactions, for the better occupation and cultivation of those lands. "Further it is agreed that the lordships of St. Molyns shall be committed to the custody and care of Caher, son of Art, to be held without any division or partition to be made therein between his kinsmen, these conditions being added, namely: That he shall reasonably maintain the accustomed fairs there, and build himself a house or mansion there, and inhabit it. And he shall not permit any wicked, nefarious, or plundering act to be committed at the pass there, or in other parts adjacent thereto, neither by land or by water, under penalty of forfeiture of the Lordship to our Lord the King for ever. "It is agreed that the King shall have the particular land called "le Quarkyll," and all the lands lying between Carlow and Leighlin, with a castle there in Idrone, as the said commissioners may limit, bound and assign. "Further it is agreed that the Cavanaghs shall banish, repudiate, and exclude all their idle men. And that no one of them for the future shall ride armed, save only any captain or officer of the Crown for the time being, under penalty of forfeiting the arms. And that it shall be lawful as well for the captain of our Lord the King in those parts, as for the said officer, to take to himself all arms from all those using them within the country aforesaid. "And that no one of the Cavenaghs shall demand in the lands of others, beyond the bounds of their own country, any exactions p. 45 call coyne and lyvery, or foys (extra meals begged of the landlords by idlemen), cosshiers (Cois-a-re, cess or rent, for the King, received by receiving him in coshery), or other impositions whatsoever upon any pretence, but shall live content with their own revenues. Nor shall keep or maintain any men of war except those which each of them may keep in their own houses. "For the performance of these articles on the part of the Cavenaghs the said Cahir son of Art gave a pledge, until his son Gerald shall be given him as a hostage. And Cahir M'Innycrosse and Gerald Sutton are similarly bound to performance of the premises under penalty of forfeiting their lands, together with Art M'Donnogh. "And thereupon the Lord Deputy and Council promise for the performance of these articles to intercede with the King; so that if it shall be his Majesty's will, these premises shall then be ratified. "(Signed), "James Ormond and Ossory. "Gerald Aylmer, Justice. "James Bathe, Baron. "Thomas Cusake, Master of the Rolls." 69. Treaty between Lord Leonard Gray, the King's Deputy, and Charles M'Murghoo, Chief Captain of his nation: whereby it is agreed that said Murghoo shall be Warden and Constable of the Castle of Fernes, lately recovered by the Deputy from the possession of the rebels. To hold during pleasure, paying for the first year 80 marks, and afterwards as shall be agreed on; and that Gerald Kavanagh, commonly called Gerald Sutton, shall be Sub-Constable and Governor of the said castle under M'Murghoo. That they shall safely keep and defend the Castle, and surrender it to the Lord Deputy when required; and for performance of this compact, Maurice, the son of M'Murghoo, Arthur, the son of Gerald Kavanagh, who is in the custody of the Earl of Ossory, and James, his next son, shall remain with the Lord Deputy as pledges; and they place all their lands and possessions in the hands of the King as further security.- July 14, 28*. pp. 50-51 (1537-1540) Membrane 10 12. Like grant [of English liberty] to David O'Morgho, clerk. -May 11, 31* p. 68 (1541-42) 32, 33 Hen. VIII Membrane 5 26. Presentation of Donald M'Morgho, chaplain, to the rectory of Kyltelyn, otherwise Balnecourt, in the diocese of Ferns, vacant by the death of Donald Bolgeir, the late incumbent, and belonging "legitime" to the King's presentation.- Sept. 20, 33* p. 81 (1541-2) Membrane 15 32, 33 Hen. VIII 112. Presentations of Eugene O'Morgho to the parish of Belfene Meuse, Ballinecourt, in the diocese of Ferns, vacant, and in the gift of the Crown. - March 6, 12*. p. 158 (1547) 2 Edw. VI. Membrane 5. 14. Pardon of Eneas M'Morgho, of Ballyntege, gent., otherwise called Eyne M'Edmond Duffe, of Kensle. -Feb. 11, 2* pp. 176-177 (1548) (29) Pardon of Arthur Kewanaghe, son of Donald Kewanaghe, of Idrone, in the county of Carlow. -April 1, 3* (36) Pardon of ..., Rory M'Morgho, ...of Kylknocke... -April 1, 3* (37) Pardon of ..., Patrick Mile Lysaghe M'Murgho... of Fraghgady... -April 1, 3* (41) Pardon of Murtaghe Oge Cavanaghe, of Garrowkyll, in the county of Carlow, horseman. - April 1, 3* p. 181 (1548) 3 Edw. VI. 71. Pardon of ...in the county of Carlow, kern, ...., Moriertaghe M'Arte, of Ballydine,... May 14, 3* p. 184-187(?)(1549) 4 Edw. VI Membrane 32. 136. Pardon of Charles, son of Arthur Cavenaghe, captain; Gerald, son of Arthur; Maurice, son of Arthur; Dermod, son of Charles; Terence, son of Charles; Bernard, son of Charles; Arthur, son of Charles; Donat, son of Charles; Maurice Claudo, Gregory, son of Maurice; Manro, son of Maurice; Bernard, son of Maurice; Gerald Strabido Duelli, Arthur Duelli, Bernard Duelli, Donald, son of Donat; Donat Maurice M'Arth, Art Gerald Maurice, Dermot Mauro Maurice, Dermot Juvenis, Donat Juvenis, son of Donat Oge; Bernard, son of Donat; Edward, son of Donat; Gerald, son of Donat, Maurice Juvenis, Mauro, son of Charles; Terence, son of Terence; David, son of Syman; Terence Nigro, son of Gerald; Arthur Nisule, and Charles, son of Gerald M'Donaghe Cavanaghes.- Nov. 6, 4* 143. Pardon of... Dermot M'Kue M'Morgho...kerns.- Nov. 16, 4* p. 231(?) 5 Edw. VI (1550) Membrane 17 114. Pardon of Moryertagh Lyeghe O'Morogho, of Cowleneboy, gent.; Moryertagh Carraghe O'Morogho, of Bolemore, in the county of Wexford; Erevin Roo O'Morogho, of Kylluske; Morogho O'Morgho, of Ballenclashe; Byge Morogho Keogh O'Morogho, of Tullakenan, kern; .....Nov. 2, 5* 116. Pardon of Arthur ne Kylle O'Morogho, of Garrymore, son of Morogho William FitzDermot boy O'Morogho, of Ballendobone; Dermot M'Felomy O'Morogho, of Ballenegare; Moriertagh Roo M'Dermot y Morogho, of the same; Thadeus M'Phelem y Morogho, of Garreduffe; Morogho M'Phelem y Morogho, of Ballineclasse; Terence M'Phelem y Morogho, of the same; James M'Phelem y Morogho, of Garremore; Moriertagh M'Donnogho y Morogho, of Ballevalden; Cormac M'Phelam y Morogho, of the same; William Roo M'Edmond O'Harry y Morogho, of Ballenhaske; Rosse M'Caher y Moroghe, of Enche; Thadeus y Morogho, of Kylmalloke; Donatus M'Gyllepatricke Roo O'Morogho, Gillepatricke Roo M'Edmond O'Morogho, and Arthur Roo M'Teyge M'Arte, of Fraghte Lea. - Nov. 2, 5*. p. 241 (1551) 5 Edw. VI. Membrane 9 63. Pardon of Owen Geare O'Morogho, son of Lord O'Morogho, attainted, alias One Geare O'Morogho, of Dengenmore, in the country p. 242 of the O-Moroghoes, horseman;....July 24, 5* 68. Pardon of .... Gerald M'Morgho...., of Ballerogan... in the county of Dublin, kerns.-Aug. 1, 5* p. 245 (1551) 5 Edw. VI. Membrane 14. 102. Pardon of ...William M'Morghe, ...husbandmen and kerns, -Aug. 28, 5*. p. 250 (1551) 5 Edw. VI. 145. Pardon of Edward Duffe M'Tyrrellagh O'Morogho, Moriertagh More M'Teyge O'Morogho, ... in the county of Wexford. - Oct 29, 5*. 147. Pardon of ...Edward O'Morogho, ... of Galway,...- Oct. 29, 5*. p. 274 (1552) 6 Edw. VI. Membrane 16. 48. Pardon of Patrick M'Damore M'Morogho, captain of Clonedenoghkill; Donald M'Moriertaghe, Rector of Kilchenyll;...- Mar. 10, 6*. p. 283. (1552) 6 Edw. VI. 156. Like grant [of English liberty] to Patrick M'Morgho, chaplain.- Oct. 25, 6*. p. 298 (Turbarius- "swordsmen and pikemen".) (A contemporary historian [1861] thus describes the Irish troops:- "The Irish observe divers degrees, according to which each man is regarded; the basest sort amongst them are little young wags, called Daltins: these are lackeys, and are serviceable to the grooms or horseboys, who are a degree above the Daltins. Of the third degree is the Kern, who is an ordinary soldier, using for weapon his sword and target, and sometimes his piece, being commonly so good marksmen as they will come within a score of a great castle; Kern signifieth, as noblemen of great judgement informed me, a shower of hell, because they are taken for no better than Rakehells, or the Devil's blaguards. The fourth degree is the Galloglass, using a kind of pollard for his weapon; these men are commonly wayward, rather by profession than by nature; grim of countenance, tall of stature, big of limb, burly of body, well and strongly timbered, chiefly feeding on beef, pork, and butter. The fifth degree is to be a horseman, which is the chiefest next the Lord and Captain; these horsemen, when they have no stay of their own, gad and range from house to house, like errant Knights of the Round Table, and they never dismount until they ride into the hall as far as the table. There is among them a brotherhood of Karrowes, that proffer to play at cards all the year long, and make it their own occupation; they play away mantle and all to the bare skin, and then truss themselves in straw and leaves; they wait for passengers on the highway, invite them to game upon the green, and ask no more than companions to make them sport; for default of other stuff they pawn their glibs, their fingers and toes, which they lose or redeem at the courtesy of the winner. One office in the house of a nobleman is a tale-teller, who bringeth his lord asleep, with tales, frivolous and vain, whereunto the number give sooth and credit." p. 308 (1553) 1 Mary Membrane 12 23. Grant of English liberty to John, otherwise Onne, Cavanagh. - Feb. 13, 1* 24. Grant of English liberty to Arthur Cavanagh, of Callan, ....- (No date.) 25. Grant to Charles M'Art Kevanaghe, in consideration of services rendered to the Crown, of the title and dignity of Baron of Ballyane; To hold for life; and that he should, as Baron, enjoy all such privileges and preeminences in all things as other barons of the realm more honourably use or enjoy; with a grant of the office of Captain of his Sept, and of all the inhabitants of the country of M'Amore, Edward Duff, Fedorghe, and le Duffer, (reserving to the Crown the lordships and demesnes of Enescorthye, Fernes, Glascarryke, and the country called O'Morrowe's country, and Idrone, on the north of Glandalur); To hold the office of Captain for life, with these advantages, namely, that he shall yearly, upon the countries of which he is permitted the government, have 24 turbarios called "kerntye," for himself, and twelve for Maurice, or Morghe, Kevenaghe, who after him shall be Baron of Cowelelyene; and that the said Charles shall have during his life, as well for his better rule as for his service, such reasonable customs and commodities of grain and money as are expressed in the schedule (annexed). p. 459 (1560) [Description of] Bonought or bonaght.= This extortion (coyne and livery), was originally Irish, for they used to lay 'bonaght' upon their people, and never gave their soldiers any other pay. (Sir John Davis' Historical Tracts, p. 140)- Then there were no means to maintain the army but by cessing the soldiers upon the subject, as the Irish were wont to impose their bonaght. (ibid, 151). In the Council Office Book for 1581-4, in the record tower, p. 142, is the following:- Whereas, over and besides the other rentes, duties, and preheminences due to the Queen's highnes, of the Morowghe's countrie, which you her Majesty's farmer of ye same, have by lease for the yearly rent expressed in that lease; there is, moreover, due to her Highnes by the Morroughes, and other the freeholders of the said countrie, called the Morroughe's countrie, bonaght for a quarter of a yeare, everie yeare for fortie sparres of her galloglas, parte in money, and the rest in victuals, after the antient use and manner, that is to wite, for every sparre in monye, twentie shillings and tenne pence sterling; in bread, corne to the measure of three score and three half hoopes, or eight pecks, wanting (half) a hoope for 63 cakes, and thereunto nyne score and nyne quarters of butter." p. 484 (1563) 6 Elizabeth 4. Pardon of ...Brian M'Morghe... May 7, 6* pp. 520-521 (1568) 10 Elizabeth On the same day the Treasurer ordered the Sheriff of Carlow to demand from John de Carewe L10 for royal service of the barony of Odrone. 40. Conveyance whereby William, son of John, son of Gilbert, granted to Nicholas de Carewe, Lord of Odrone, 32 1/2 acres in Dunleke, of which 20 acres were situate in the fields called Kytisland, extending from the Barrow to Dunleke; To hold for ever; rent, a rose. Witnesses- Richard de Grave, John de Grave, Thomas, son of John; Stephen, son of John; et cum multis aliis.- (no date). 41. Decree in a suit, in which Sir Peter Carew exhibited a bill of complaint against Moroghe M'Geralde Sutton, Brian M'Tonnach, Moroghe Oge, of the Gargull; William Tallant, of Agha; and Morroghe Oge, of Ballyloo, alleging that he, the said Sir Peter, was, by just descent, seized in his demesne of the barony of Odrone, in the county of Carlow, and being so seized, the defendants, without right, or colour of any just title, entered into several lands, parcel of the said barony, rightfully belonging to complainant, and wrongfully withheld the issues and profits, contrary to law and conscience; and as the plaintiff was remediless at law, and unlikely to be defrauded of his lawful inheritance, he prays the defendants may be summoned before the Deputy and Council to answer the premises. Three of the defendants, Morrogh M'Gerald, Moriertagh Oge, and Morietagh Oge, of Ballyhoo appeared, and answered, that their ancestors, and all those whose estate they had, before the conquest, and since, had been successively seized of this, their lawful inheritance, and died so seized, after whose death the same descended to defendants, who were thereof seized as of their lawful inheritance. The complainant replied: and the Lord Deputy, departing on the Queen's service, committed the determination of the suit to the Lord Chancellor and Council; who, (on hearing various proofs and allegations, and as the defendants produced no evidences or other title but claiming descent from Dermot ny Gall M'Morogh, who was, before the Conquest, King of Leinster, from whom they supposed themselves to be descended, which title, if it had been true, was not only by the conquest of the realm overthrown and avoided, but it appearing to the Court that this pretended title could in nowise be true, for Dermot ny Gall had but one daughter and heir, who was married to the Earl Strongbow, from whom descended divers noble men of England, of which stock the defendants were not come, but a wild Irish race and kindred sprung up since within the realm; and as the complainant proved that he was lineally descended from Dygon, who, long since the Conquest, was Baron of Odrone, otherwise Hydrone, by evidences and records produced to the Court; and it being proved that divers of the Carews, ancestors of the complainant, were not only barons of Odrone, but were seized of the barony, and called into the Exchequer to answer the rents and royal services thereout due; and that divers of the Carews were, one after another, by lineal and immediate descent, seized of the barony, and in quiet possession, until the M'Morroghes, a rebellious nation of Irish people [hell yes!] in time of common rebellion, wrongfully and by force, seized the said barony and lands, and with strong hand, and without right or title maintained it; from which MacMorroghes the present defendants are descended, but not born in lawful marriage, or legitimate by the laws of the Holy Church; with which the defendants being charged, could not prove the contrary;) ordered and decreed, that the said Sir Peter, his heirs and assigns, should have and enjoy the said lands and barony, and the defendants were strictly commanded to suffer him to occupy and possess the same, without their disturbance or interruption. Signed, Robert Weston, Canc. H. Draicott. H. Miden. Francis Agard. W. FitzWilliams. Thomas Cusacke. John Plunkett. John Challoner. Robert Dillion. -Dublin, Dec. 7, 10*