Kildare and the earl of Ormond his sponsors; and when he went over into England, he left the sword alternately with each.*

8. During York's administration, many wholesome laws were passed, for the more effectual and impartial administration of justice, and to prevent grievances in the proceedings of law. To strengthen the government of the duke, an act of resumption was passed of lands and offices; and to enable him to resist the enemy, without loading the subject with heavy subsidies, he was empowered to proclaim the royal service, and demand the attendance of all the king's subjects, notwithstanding a late statute had forbidden such proclamation to be made within ten years. An address of thanks was voted to the king, for the protection of the earl of Ormond from the malicious accusations of his enemies. 8. The duke of York administered his government in Ireland, with the direct view of improving every incident to the purposes of his party, so that at court it was openly alleged he was forming designs against the king, and intended to lead an Irish army into England to seize the crown. Letters were therefore dispatched to the sheriffs of Cheshire, Shropshire, and Wales, directing them to oppose his landing. The duke however eluded their vigilance, and soon appeared in London, having left the administration of the Irish government to the earl of Ormond, as his deputy, though a noted partisan of the house of Lancaster. An apparent reconciliation took place between the king and duke of York; soon after which the duke retired to Wales. He seems to have retained his Irish government; for in a patent of the 31st of Henry VI. the king styles Fitz Eustace deputy of our dearly beloved cousin Richard, duke of York, Lord-lieutenant of our land of Ireland. Whilst Fitz Eustace acted as governor, in a parliament at Dublin all the statutes enacted in England against suing provisions at Rome were made of force in Ireland, and two other statutes passed to prevent coroners from harassing and detaining jurors, who, on inquisition for murder, return that they know not the prepetrator, and to prevent appeals to England except in cases of treason. 10. The affairs of England became desperately embroiled from the total loss of the French dominions, and the birth

* When he lost his life at Wakefield, many were slain with him of both those families. Yet afterwards these noble houses severally followed the royal houses of England: the Geraldines adhering to that of York, and the Butlers to that of Lancaster.-Dav. Disc. 91.

of a prince, which irritated the Yorkists into open action. Duke Richard quitted Wales, and under pretence of the king's indisposition was by the parliament appointed protector and lieutenant of the realm. This soon created an open rupture, and both parties flew to arms. The victory of St. Alban's gave the duke possession of the king's person and the whole authority of the crown, which he determined ! to strengthen by his interest in Ireland; he removed Fitz Eustace, and confided the reins of government to the earl of Kildare, a devoted asserter of his cause, and a sworn rival of Orinond.

11. The spirit of Margaret reanimated the Lancasterians, and the contest was renewed. At Blore Heath duke Richard was betrayed and defeated, and sought shelter in Ireland. He was there received with the deference due to a chief governor, and all the warmth of affection which his former conduct had excited. According to the fashion of those days of turbulent vicissitude, his adherents were proclaimed rebels and traitors, and the duke was formally attainted by a parliament of the successful party at Coventry. The Irish declared almost unanimously in favour of their favourite governor, and resolved to support his cause with their lives. Writs were sent over to seize and bring some of the leading Yorkists to justice; but the king's authority proved of little weight against the influence of the popular viceroy. He not only prevented the execution of these writs, but prevailed upon an Irish parliament to enact a law declaring it high treason for any person, under pretence of any writs, privy seals, or other authority, to attach or disturb the persons of strangers in Ireland, under which law an agent of the earl of Ormond, sent into Ireland to attach some of the Yorkists by virtue of the king's writs, was instantly seized, condemned, and executed as a traitor.

12. The temper of the English party in Ireland and the policy of the duke of York will appear more fully by an abstract of some laws passed in the Irish parliament immediately after his return. That parliament assumed the power of confirming the patent made to the duke, constituting him lieutenant of Ireland; and enacted, that if any person should imagine, compass, or excite his destruction or death, and for this purpose confederate with the Irish, or any persons, he should be attainted of high treason. It declared, that Ireland was, and always had been incorporated within itself by ancient laws and customs, and was only to be go

verned by such laws, as by the lords and commons of the land in parliament assembled, had been advised, accepted, affirmed, and proclaimed; that, by custom, privilege, and franchise, there had ever been a royal seal peculiar to Ireland, to which alone the subjects were to pay obedience: that this realm had also its constable and marshal, before whom all appeals were finally determinable; yet as orders had been of late issued under seal, and the subjects summoned into England to prosecute their suits before a foreign jurisdiction, to the great grievance of the people, and in violation of the rights and franchises of the land, it enacted, that, for the future, no persons should be obliged by any commandment under any other seal but that of Ireland to answer any appeal, or any other matter, out of the said land; and that no officer, to whom such commandment might come, should put the same in execution, under the penalty of forfeiture of goods and chattels, and 1000 marks, half to be paid to the king, and the other to the prosecutor; and further, that all appeals of treason in Ireland should be determinable before the constable and marshal of Ireland, and in no other place. And finally, that if any person should appeal to any other person within the land of Ireland, and the matter should be found false, the prosecutor should suffer death, and that no pardon in the case should avail him.

13. After the victory obtained by the Yorkists at Northampton, the duke of York came over from Ireland, attended by great numbers of partisans, at the head of whom he arrived in London, where he was declared successor to Henry, in a parliament surrounded and intimidated by his forces. Margaret raised a powerful army in the north to oppose him. He marched with five thousand men, mostly Irish, to meet them; was attacked at Wakefield by twenty thousand, and in this unequal contest fell with a great part of his army on the field of action.

14. This defeat of the duke was nearly fatal to the English interest in Ireland. The native chieftains fell upon the deserted pale, and obliged every English settler there to submit to them, as to their sovereign lords. The English, thus reduced, were constrained to purchase their peace on any terms. In this enfeebled state, parliament was summoned at the interval of a few months, and subsidies wantonly imposed without necessity, and beyond the abilities of the people to bear. To remedy this grievance, a law passed for eight years, forbidding the holding of more than one

parliament in the year. The unfortunate contest of the two roses in England served but to foment disunion and feuds between the dwindled and reduced lords of the pale in Ireland, and to feed the insolent turbulency of the native chieftains. The unfortunate reign of Henry VI. ended twelve years before his death; for he departed out of this life on the 21st of May, 1472. Amongst the articles exhibited against this monarch, one was, that, "by the instigation of divers lords about him, he had written letters to some of the Irish enemy, whereby they were encouraged to attempt the conquest of the said land of Ireland."

CHAPTER XII.

1461.-EDWARD IV.

1. THE fourth day of March, in the year 1431, was the commencement of the reign of Edward IV. who then was in the 20th year of his age. His personal comeliness and graceful address endeared him to the multitude. Though entitled by hereditary right, he acquired possession of the crown by the tumultuary election or acclamation of his party. What he procured in turbulence he preserved in severity. The unfortunate kingdom beheld during his reign the scaffold and the field stream with the noblest blood of the land, immolated alternately to the vengeance of the prevailing party.

2. After the fatal action at Wakefield, the king's council, in exercise of their ancient right, elected as governor Thomas, earl of Kildare, until the royal pleasure should be known: he was afterwards confirmed by patent from the new king; and the acts of his administration exercised in the name of Henry VI. were ratified by the Irish parliament. He was speedily superseded by the appointment of George, duke of Clarence, the brother of Edward IV. to the lieutenancy for life.

3. The earl of Ormond, one of the most zealous supporters of the house of Lancaster, was attainted and executed upon a scaffold. The Irish parliament, in unison with that of England, passed an act for the attainder of several noble

men, and others of the family of Butler, for adhering to the 'king's enemies. But Sir John Butler, brother of the late earl, raised a large force from among his dependents, and bade defiance to the king's deputy. He was opposed by Desmond at the head of 20,000 men, and completely routed.

4. Thus ended the only effort made in Ireland, to oppose the Yorkists. Desmond for his services was appointed lord deputy. The authority of government, united to his personal consequence, inflated this inexperienced young nobleman to such a degree, that he soon fell a victim to his vanity and imbecility. He was defeated and taken prisoner by O'Con nor of Offaly, who generously released him. He involved himself in a quarrel with the bishop of Meath, and was accused by the enemies of the Geraldines, who were very pow erful in Ireland, as an oppressor of the king's, subjects, and violator of the laws. The bishop first sent his agents into England, to make such representations to the court of Edward; and after Desmond had convened a parliament of his own at Wexford, from which he procured honourable testimonials of his good conduct, he repaired to England, where he was graciously received by the king. He returned to his government, elated with this mark of royal favour, and became more open to the designs of his enemies.

5. A parliament convened at Dublin enacted, that "whereas the liege people had been heretofore reduced to pay a tallage called black rent to the Irish enemy and English rebels, such tallage should for the future be paid to the king's de puty, for the better sustenance of his army." This was a plan insidiously calculated to throw disgrace upon the trea ties lately made by Desmond; for any attempt to execute such an act would have been instantly productive of insurrec tion. Another statute of this parliament shows the iniquitous abuse of power which the animosity of those days occasioned, and how mischievously the spiritual power of the church was prostituted to the purposes of the state. In al the indentures of the Irish, executed on their submissions to the chief governor, there was an express provision, that in case of any violation of their compact, they would submit to the excommunication of the church. The Irish bishops, situated at a distance from the seat of government, were no always ready or anxious to denounce this formidable sen tence against their countrymen. A statute to the follow

* 7 Edw. IV. c. 9.