^{page 29 note 1} In 1228 the Justiciar was commanded to summon the magnates, knights, free tenants and bailiffs of the several counties of Ireland to hear the reading of Magna Carta (Close Roll Eng. 12, Hen. III).

^{page 29 note 2} The first recorded Justiciar was Hugh de Lacy in 1172 (Hoveden, II, 34), but the earliest plea-roll extant was for 23 Edward I. A calendar of the rolls for 23–35 Edward I was published by the Stationery Office.

^{page 29 note 3} The first reference to the Exchequer in Ireland is dated 1200 (Calendar State Papers, Ireland, Vol. I, No. 118). The earliest Pipe Roll, extant in 1922, belonged to 13 Hen. III.

^{page 30 note 1} Rolls of the Itinerant Justices were extant for the years 36 Hen. III to 5 Ric. II and for 13 Hen. IV.

^{page 30 note 2} De Banco rolls were extant from 6 Edward I.

^{page 30 note 3} The earliest Chancery roll extant was that of 31 Edward I.

^{page 30 note 4} See Maitland's Collected Papers, II, 81–3, 130–4. A register of between 50 and 60 writs current in the English Chancery was sent to Ireland in 1227. It was accompanied by a royal ordinance declaring that all seeking legal redress in Ireland should have justice according to the custom of the realm of England, cf. Early Statutes of Ireland, pp. 3, 4, 20–1.

^{page 30 note 5} Credit for the work of organising the Irish Parliament ought, probably, to be given to John Wogan, who was Justiciar from 1295 to 1307 and again from 1309 to 1312.

^{page 31 note 1} Pipe Roll of 31 Edward I accounts for this subsidy.

^{page 32 note 1} See Appendix I for list of Irish Parliamenta in Edward II's reign.

^{page 32 note 2} This jealousy is illustrated by constant complaints that Irish were excluded from Anglo-Irish religious houses, and vice versa. An Act of Exclusion was passed by the Kilkenny Parliament in 1310 (3 Ed. II, cap. 10); it was mentioned in the complaint of the Irish princes to John XXII in 1317 (Fordun: Scotichronicon, Lib. XII, cap. 26).

^{page 33 note 1} SirDavies, John: The Irish Parliament, p. 401 (Morley's edition).Google Scholar

^{page 33 note 2} The real object of the petition was to induce the Pope to withdraw the excommunication launched against adherents of Robert and Edward Bruce.

^{page 34 note 1} Lascelles : Liber Munerum, Vol. I, iv, p. 7. The summary in the Calendar of Close Rolls (p. 218) is curtailed and mangled. Nial O'Hanlon is called Duke of Erche.

^{page 34 note 2} The boroughs were Dublin, Waterford, Cork, Ross, Drogheda, Kilkenny, and Trim.

^{page 33 note 1} The sheriffs and seneschals were certainly instructed to be present with the elected members of 1297 (Early Statutes, p. 196), but it is doubtful if this practice was continued.

^{page 35 note 2} Henry, bishop of Clogher, is included in the list, but this is certainly a mistake as there was no such bishop of Clogher in 1310.

^{page 35 note 3} Meath (West Meath and the liberty of Trim) was held by fifty services (E.H.R. 1903, p. 505).

^{page 35 note 4} In 1310 most of the liberty of Carlow was held by Thomas of Lancaster, the liberty of Wexford by Aylmer de Valence, Earl of Pembroke, and the liberty of Kilkenny by Gilbert de Clare, Earl of Gloucester and Hereford (Orpen, Vol. Ill, chap. 26).

^{page 35 note 5} Thomond is the modern County Clare. It was held of the King by ten services, and therefore may not have been reckoned a barony.

^{page 36 note 1} The case of Thomas Furnivall (1326) is cited by Anson to prove that in England the King's right of summons was not limited to persons, holding per baroniam (Law and Custom of the Constitution, Vol. I, p. 204, 1922 edition).

^{page 36 note 2} For a list of sub-tenants see Appendix II.

^{page 37 note 1} Geoffrey de Geneville was able to lead 2,000 vassals from Meath in 1276 (Cal. Doc. Ireland, Vol. II, p. 257).

^{page 37 note 2} v. Betham : History of the Constitution of England and Ireland, pp. 316, 323, 328. It is possible that the transmission of the Modus Tenendi Parliamentum may have led to the adoption of a uniform system of summoning only tenants per baroniam. Unfortunately the history of the Irish version of the Modus cannot be traced back beyond the sixth year of Henry IV's reign (v. O. Armstrong : Proceedings of the Royal Irish Academy, 1923).

^{page 38 note 1} “Non est juris seu consuetudinis in dicta terra nostra hactenus usitatae, quod aliqui, qui per baroniam non teneunt ad parliamenta nostra summoneri seu occasione absenciae suae ab eisdem amerciari deberent.”

^{page 38 note 2} Lynch : Feudal Dignities, pp. 123 sq. No instance of a claim to a barony by writ is known in Ireland.

^{page 38 note 3} In the complaint to John XXII (1317) it is stated that Anglo-Irish ecclesiastics, especially the Archbishop of Armagh and the Abbots of Inch and Granard, were in the habit of preaching “that it was no more sin to kill an Irishman than to kill a dog.”

^{page 39 note 1} See list of dioceses inter Anglicos and inter Hibernicos in Appendix III.

^{page 39 note 2} The dioceses of Killaloe and Ardagh. Report 42, Deputy Keeper, pp. 45 and 58.

^{page 39 note 3} The bishops of Clonfert, Emly, Ross, Annadown, Achonry, Connor, and Clonmacnoise.

^{page 39 note 4} Lynch, : Feudal Dignities, pp. 315, 323. Copies of Writs cf Summons.Google Scholar

^{page 39 note 5} Lynch, : Feudal Dignities, pp. 315, 323.Google Scholar

^{page 40 note 1} See Writs printed in Lynch's Feudal Dignities, chap. XI.

^{page 40 note 2} Wexford, Carlow, Kilkenny, Meath (divided into West Meath and Trim) and Ulster (modern counties of Antrim and Down). Kildare had been a liberty until 1297, when it was made a county by Act of Parliament (Early Statutes, p. 199, 25 Ed. I, cap. 1). These five liberties returned members to the Parliament of 1297 (ibid., p. 194).

^{page 40 note 3} Lynch : Feudal Dignities, Writs in chap. XI. The liberties returning members were Meath, Ulster, Kilkenny, Kerry, Wexford, and Tipperary; Carlow and Kildare seem to have relapsed into counties.

^{page 40 note 4} The whole subject of Irish Liberties has not yet been investigated. Considerable material exists for a study of the liberty of Meath.

^{page 41 note 1} For example, the Earl of Desmond was virtually sovereign in West Munster by the end of the fifteenth century, and claimed the significant privilege of “never attending Parliaments nor entering any walled city.”

^{page 41 note 2} See Lynch : Feudal Dignities, chap. XI.

^{page 41 note 3} See Lynch, : Ancient Cities and Towns of Ireland, p. 31.Google Scholar

^{page 41 note 4} These were Dublin, Drogheda in Louth, Drogheda in Meath, Waterford, Youghal, Cork, and Limerick. Reports of Deputy Keeper, numbers 39 and 42. Accounts were not rendered from any boroughs in Connaught or Ulster.

^{page 42 note 1} Cal. Justiciary Rolls (Ireland), Vol. I, pp. 303 sq., 382 sq., 450 sq.; Vol. II, pp. 350 sq.

^{page 42 note 2} Edited for the Rolls series by James Graves, 1877.

^{page 42 note 3} No rolls of Itinerant Justices or Judges of Assize have been found for the period 1412 to 1509.

^{page 43 note 1} Cf. Pollard, : Evolution of Parliament, pp. 42–43, 118–20.Google Scholar

^{page 43 note 2} See Appendix IV for the sources of Irish revenue in the reign of Edward II.

^{page 43 note 3} Orpen, G. H. : Ireland under the Normans (Clarendon Press, 1920), Vol. IV, chap. 39, pp. 262sq.Google Scholar

^{page 44 note 1} The beginning of the Irish rally must be dated before 1262, when the Celtic princes invited King Hakon of Norway “to free them from the thraldom of the English” (Sturla). Cf. the invitation to Robert Bruce in 1314. The chief causes of the Irish success in winning back land from the colonists were : I. A return to a system of military organisation. Foreign mercenaries called gallowglasses were brought from Argyll and the Isles and Irish troops called bonnaughts were employed on permanent service. 2. The domestic policy of the chiefs was strengthened by the adoption of the custom of tanistry. 3. Irish military leaders began to realise that feudal armies were unsuccessful in broken country or in winter. See E. MacNeil: Phases of Irish History, chap. XII.

^{page 45 note 1} Udynes gens, called elsewhere homines ociosos, 25 Ed. I, cap. 6. They were the retainers of magnates who were billeted on their tenants in time of peace. The custom was known in Ireland as coigne and livery. by this means the armies used against the Scots were maintained in 1314 to 1318. See SirDavies, John : Ireland before 1603, pp. 228–236Google Scholar (Morley's edition). Cf. the phrase archers et autres gentz udifs used in an ordinance against extravagant housekeeping issued by Edward II on August 6, 1316 (Annales Londonienses, p. 239).

^{page 46 note 1} The Statutes of Winchester (1307), York and Lincoln (1324). The Statutes of Westminster I and II, Merton, Marlborough, Gloucester, and “other statutes made in England by the King and Council,” were confirmed by the Dublin Parliament of 1320, “saving always the good customs and usages of the land” (Early Statutes, p. 283).

^{page 46 note 2} Baldwin prints certain examples in the Appendix to The King's Council.

^{page 46 note 3} For example, Rot. Part., I, p. 386, 1320, and III, pp. 85–6, 1379–80. The petition of 1320 prays that the King and Council will ordain : I. No pardons shall be issued for the death of Englishmen except by the King's special grace. 2. The Irish (Irreis) who wish may enjoy English law concerning life and limbs. 3. Men learned in law (sachauntz de la Ley) may sit on the Common Bench. Though favourable answers were given to these petitions, the Irish, excepting particular individuals, were denied English Law until the reign of James I. See SirDavies, John : Ireland before 1603 (Morley's edition, pp. 268–275)Google Scholar. He contrasts Edward I's Welsh policy.

^{page 47 note 1} MS. torn. Probably the words once or twice, as in the Ordinances of 1311, should be understood.

^{page 48 note 1} The Kilkenny Parliament of 1310 sat from February 8 to February 12 ; the Dublin Parliament of 1320 sat from March 30 to April 30.

^{page 50 note 1} No less than six members of the Committee were commoners, not summoned by special writ.

^{page 51 note 1} Edited by Thomas Wright and published by the Camden Society in 1843 under the title of Proceedings against Dame Alice Kyteler for Sorcery

^{page 51 note 2} Kyteler was a Flemish name. A William le Kyteler of Ypres was trading in Ireland in 1277 (Cal. Pat. Roll. 5 Ed. I, p. 223). There was a villa Flamingorum at this time in Kilkenny. V. Orpen : Ireland under the Normans, Vol. IV, p. 218, n. 2.

^{page 51 note 3} Her first two husbands were Will. Outlaw, a wealthy banker and moneylender in Kilkenny, and Adam le Blund, who probably held estates in Offaly, now King's County.

^{page 51 note 4} At this time the castle and liberty of Kilkenny were held by Hugh Despenser the younger, in the right of his wife, Eleanor, eldest daughter and one of the co-heirs of the late Earl of Gloucester (Orpen, IV, p. 223).

^{page 52 note 1} Roger Mortimer of Wigmore had been Justiciar of Ireland from 1316–18 and from 1319–21. Through his great-grandmother, one of the Marshal heiresses, he inherited the honour of Dunamase (modern Queen's County), and by marriage with Joan de Geneville he was lord of the liberty of Trim (Meath) (Orpen, III, pp. 103–4).

^{page 52 note 2} Vide Pollock and Maitland, II, 550, and Maitland, : Canon Law, pp. 176–177.Google Scholar

^{page 53 note 1} This hall was probably the Great Hall of Dublin Castle, which had been roofed and had its gutters repaired sometime between 1299 and 1302 (Pipe Roll (Ireland), 1 Ed. II. Report 39 of the Deputy Keeper, p. 25). The Council may have been sitting in the “chamber of the justiciar” referred to in the same account.

^{page 54 note 1} The Court of the seneschal of the liberty of Kilkenny. Cf. Proceedings, p. 13, … senescallus … in civitate Kilkenniae in aula ejusdem judiciali sua teneret placita.

^{page 55 note 1} The committee consisted of the dean of St. Patrick's Cathedral, Dublin, and the bishops of Ferns, Kildare, Emly, and Lismore.

^{page 56 note 1} The sheriffs of Cork, Limerick, Tipperary, and Waterford.

^{page 56 note 2} Maurice Fitz Thomas was the head of the Geraldines.

^{page 56 note 3} Baldwin (King's Council, p. 473) prints an order in Council to suppress the feud between the Geraldines and the Poers, June 24, 1328. Cf. Rot. Parl., II, 53, 1330.

^{page 59 note 1} The Bysets held lands in the Glens of Antrim.