Person Page 502

On 1st February 1380, David Wogan proved his age, and having rendered fealty was at once admitted to his inheritance, before doing homage, which was postponed to 29th September following [Mem Roll 4 Rich m29, dorso]. In the course of this year an ordinance of Richard II, passed at Westminster, enacted that all absentees should return to Ireland before the 24th June; "and if they do not, that two parts of their lands, rents, possessions &c., should be levied and employed for the guard and defence of the said land." [Berry's "Ancient Statutes" p476].

Sir David's mother, Elizabeth, had by this time recovered her dower lands in Ireland but preferred Wales as a place of residence, and so became liable to the penal clause of the ordinance. In her absence Sir David was found in possession of the lands, and on 15th October, 1380, a writ was issued to the Sheriff of Kildare: "To distrain David Wogan, farmer and occupier of two-thirds of a third part of all the lands and tenements of John Wogan, Knt., deceased, in the County of kildare, to give satisfaction within a month, from the feast of St Michael, concerning the two-thirds of the third part aforesaid, in our hand by reason of an ordinance made by us and our Council in the last Parliament held at Westminster." [Mem Roll, 4 Rich m 81]

To extricate his mother and himself from the meshes of the law, Sir David invoked the powerful influence of Sir Edmund Mortimer, third Earl of March and Ulster, and at that time the King's Lieutenant in Ireland. In a petition presented to the Viceroy, he pleads:- "That whereas the two-thirds of the third part of the lands and tenements belonging to Elizabeth, who was wife of Mons. John Wogan, Chevalier, and who holds the same in dower out of the freehold of the same Mons. John in the land of Ireland,are taken into the King's hand, by reason of the absence of the said Elizabeth; nevertheless, Noble Sir, as there was an arrangement made by way of exchange between the said Elizabeth and David, to the effect that she should have as much rent out of the lands of the said David in Wales as the rent out of her dower in the said land in Ireland amounts to; the said David prays it may please Your Nobility to order a brief amoving the King's hand from the said two-thirds, as he is present and residing on the aforesaid dower lands of his mother; and the said arrngement was made between his mother and him long before the Statute."

The petition was endorsed by the Viceroy, and forwarded to the King, who referred it to the Treasurer and Barons of the Irish Exchequer, with a direction to amove his hand from the dower lands if they found for the truth of the allegations. On 18th June 1381, Robert Hore, attorney of the lord the King, pleaded "that no such arrangement between the aforesaid David and Elizabeth existed before the Ordinance; that Elizabeth was in seisin of her said dower, as of her demesne, at the date of the said Ordinance, and that she is still seised of the same". David stil contended persistently that the arrangement had been made "about the feast of Easter in the second year of the King now reigning," and he was prepared to prove it before a jury, with powers to make a special investigation, technically styled a "view". The matter was accordingly committed to a special jury, summoned by the Sheriff of Kildare; the jurors found for the truth of David's allegation, and the King's hand was amoved from the dowewr lands of Elizabeth in Ireland early in June 1381 [Mem Roll, 4 and 5 Richard II, in PRO, m 51, dorso]

The young lord of Okethy and Kilkea at once took a prominent part in the affairs of the County. In this year (1381) he was appointed one of the Wardens of Peace for the County of Kildare [Tresham p. 115], and in the course of the same year, we find him Sheriff of the County, his shrievalty apparently terminating in Easter Term, 1382, as in the Rolls of that Term he is styled "Sheriff" and "late Sheriff" [Mem Roll 5 and 6, Rich II in PRO m.13 and m.37 dorso ] of the County.

It was the duty of the Sheriff to account for the scutage due by the several feudal baronies when the Royal service was proclaimed. It was now Sir David Wogan's turn to account for the scutage of Okethy and of Kilkea. In the "Account of the County of Kildare" from 8th February 1381, to 8th May 1383, contained in the Pipe Roll, we find the following entries:- "The Barony of Okethy accounts for 100s, for two services and a half in respect of the army of Cashel, proclaimed in the fifth year of the King now reigning, and in the time Edmond de Mortimer the King's Lieutenant in Ireland: deposited in the treasury: and the aforesaid David (Wogan) the Sheriff, accounts for the same in the end of this account." "The Barony of Kilca [sic -KJW] accounts for ·8, for four services in respect of same army and same time: deposited in the treasury: and David the Sheriff aforesaid accounts for 100s, and owes 60s". "The Barony of Okethy owes 100s for two services and a half in respect of the army of Cashel, proclaimed in the first year of the King now reigning, in the time of James le Botiller, Earl of Ormond, Justiciar of Ireland" [Pipe Roll 6 Rich II in PRO]

This last enrolment, it will be perceived, includes no record of any account or explanation by the Sheriff. No doubt he verbally satisfied the Barons that neither he nor the Barony was chargeable. In the fifth year of Richard II the King was mesne lord of Okethy, and could not claim the royal service from the tenant in chief while he was in receipt of the rents and services payable by the under-tenants. Still the charge remained on the Roll without note or comment, and was a source of trouble later on.

It will be observed that the royal service due by the Barony of Kilkea--four knight's services--was exactly the amount payable by the heirs of Walter de Ridlesford, as found by a jury in 1305 [see M42/M45???]. The scutage of Okethy also was invariably charged at the rate of two and a half knights' services from the time of Edward II [39 R.D.K., p67]

In addition to the payment of scutage, Sir David served in the field against the Irish enemy. In 1385 Sir Philip de Courtenay, the King's cousin, and ancestor of the Earls of Devon, landed and took up his position as Viveroy of Ireland. Sir David accompanied him to the wars on the Leinster border, and with de Courtenay's approval presented a petition to the King requesting some compensation for the hardship and losses incurred. He represented in this petition that, besides his labours, charges and expenses, he had incurred a heavy loss in horses slain by the Irish, and in the maintenance of guards along the border, many of whom lay wounded for a long time. The King, accordingly, by Letters Patent of 14th July, 1385,made him a grant of 10 marks [Tresham, p.128].

By letters patent of 14th July, 1386, Sir David was appointed a Commisioner for the Collection of Smoke Silver in the County of Kildare, the barony of Ballymore, and the abbey lands of Baltinglass, at the rate of one halfpenny, to be levied on every house from which smoke issued. The Commissioners were empowered to regulate the election of trusty collectors, and to appropriate the proceeds to the payment of watchmen in the area so taxed [Tresham, p 136]. It would seem that the tax was far from unpopular. In a parliament held in 1455, the "commons of the county actually petitioned for powers to levy it, representing that the said Commons, dwelling in the said county, by default of spies and watchmen on the border of the march of said county, at divers times are killed, taken, plundered and burned by the Irish enemies of the King, meaning and purposing to destroy the said county" [Berry's Statute Rolls, Henry VI, p.337]

In 1389 a royal licence was granted, in consideration of a fine, to David Wogan "to make alienations in his manors of Kilkea, Tristldermot, Berton, Moone, Carbry, Allen, Combre, Maynan, and Okethy, to Walter Fouler, Vicar of Balyrothery; Richard Beneryll, Vicar of lane [Clane in Mem. Roll, 19 Richard II, m 11]; John Tanner, Vicar of Kilkea; William Taillour, Vicar of Pereston Laundey [Frierston, in Mem Roll, 19 Richard II], and David Walshe, Chaplain, to hold to them and their heirs for ever" [Tresham, p151].

In this transaction we see an instance of the practice, that became quite common in the reign of Richard II, of men putting their lands into the possession of several others, with the intent that the feoffees should dispose of the land, according to the feoffor's will, and should hold the land, generally to his use. The grantees were merely trustee to carry out the wishes of the grantor as to some settlement of the property, especially with a view to limiting or entailing the inheritance on his death. This was not practicable in the time of Edward I as there was no effective relief against a breach of trust. The grantor and those whom he purposed to benefit were at last secured by the protection of Chancery in the reign of Richard II.

In 1394 Sir David was summoned to a Parliament at Kilkenny [Tresham, p151; Lynch p332]. In 1395 Richard II was at Kilkenny, being then engaged on his first great military adventure in this country. Sir David seems to have got into trouble at this very time, as on 1st April 1395, the King issued apardon, dated from Kilkenny, in very solemn and significant terms:- "Wishing out of reverence towards God, as becomes our royal clemency, to temper justice with mildness, so that those of our subjects who have behaved badly may the more quickly take an opportunity of bearing themselves better in future, out of our special grace, and in consideration of the fact that our faithful and beloved liegeman, David Wogan, chevalier, being, as he says, of English descent, has submitted himself to our grace, we grant to the same David pardon of our suit of peace, as far as pertains unto us, for treasons, felonies, murders, burnings,&c., perpetrated by him in our land of Ireland against our peace and crown, both in the time of the Lord Edward, our grandfather, late King of England, and in our time, before the feast of the Epiphany of Our Lord last past. Witness myself, at Kilkenny, 1 April, nineteenth year of our reign." [Mem. Roll, 22 Richard II, m.21, in PRO] In the form of this pardon a comprehensive catalogue of crimes is displayed, but it is now impossible to determine the nature of the charge against Sir David.

About this time the Barons of the Irish Exchequer discovered on the great rolls of the Pipe of the fiftieth year of Edward III and the fourth of Richard II, outstanding charges of scutage against the Baronies of Okethy and Kilkee [sic-KJW] in respect of royal services proclaimed at Kilkenny in 1371, and at Cashel in 1377. The procedure of the Barons on this occasion exemplifies the man principle which ran through the whole law of scutage: that the service due from the King's tenant was due also from the tenement, and could be enforced against the tenement into whosesoever hands it might have come [Pollock and Maitland: History of English Law, i, 261]. The Exchequer accordingly issued a writ to the Sheriff of Kildare to distrain the actual holders of the baronies to appear and account for the charges of scutage incurred many years before. The Sheriff found the lordship actually vested in the Vicars and the Chaplain, to whom Sir David had conveyed it in trust in 1389. These clergymen consequently the Sheriff distrained, and summoned to stand at the bar within the quinzaine of Easter, 1395. In due cours it is recorded that "Richard Bonevyll, Vicar of Clane; John Tanner, Vicar of Kilka; William Taillour, Vicar of Frierston [sic], Laundy; and David Walsh, Chaplain, " came to the Exchequer, not personally, but by their Attorney,who, on this occassion, was Sir David Wogan, the real beneficiary of their trust. He had no difficulty in showing that his clients were not liable, not because they were trustees, nor yet because their legal ownership had been acquired after the dates at which their royal services were proclaimed, but because at the times specified, owing to his minority, the lands and tenements in question were in the King's hand, and had discharged their obligations by rendering to the King whatsoever services were due to the tenant-in-chief on the occasions alleged in the Sheriff's writ. The Court at once exonerated the lands and tenements as well as the trustees, and made an order that their exoneration should be engrossed on the Pipe Rolls cited against them. [Mem. Roll, 19 Richard II, m.11 in PRO]

In 1403, in the absence of Prince Thomas of Lancaster, the youthful Viceroy of Ireland, the general Government of the English districts was committed to Sir Stephen Scrope, a brave and experienced soldier; nevertheless, for reasons apparently military and defensive, four special Deputies of the Prince were appointed for the counties of Kildare and Carlow: Laurence Merbury, Treasurer of Ireland; Edmond Noon, Steward of the Viceroy's household; Sir David Wogan, and Sir Edmond Perers [Tresham, p164b]. This, I suspect, was done at Sir Stephen Scrope's own suggestion. He saw that if the County of Kildare was to be effectively defended, the inhabitants should be encouraged to supply both the men and the money required, and that the investiture of a prominent and popular gentleman of the county with a share of Viceregal authority within its borders would afford an assurance that their contributions would not be misapplied. Scrope went further, and pushed this policy of making the burdens of border-war more tolerable to the point of granting a quasi-democratic organisation to the county. In January,1404, a convention of the "Clergy and Commons" of the County of Kildare met at the New Castle of Lyons,and there, in the presence and with the assent of the Deputy and Council, elected eleven delegates to take measures with the Bishop of Kildare for the government and security of the county. The King's letters patent of 26th January, 1404,ratified this election, and invested the delegates with authority to convoke assemblies of the Clergy and Commons, and with their assent to provide for the defence of the borders; to control the expenditure of all subsidies and contributions of the county, and secure their application to the marches of the county and not elsewhere; to compel the magnates and nobles to furnish men-at-arms, hobelars, and archers, at their own charges, and, in case of default,to levy distress, and to fine the defaulters; to appropriate the proceeds of such fines to the defence of the county, rendering an account of such receipts, not to the King's Exchequer, but to the Bishop of Kildare; to imprison all opposing and resisting their authority; to treat and to make terms of peace with the Irish enemy. Finally Finally the King commands the Sheriff, wardens of the peace, serjeants, bailiffs &c., to receive the King's writs from the elected delegates, or from any one of them,and to be intentive to their directions. This complete supersession of feudal administration, and of the officials appointed by the Crown is significant. The delegates chosen by the Clergy and Commons of the county were Robert, Bishop of Kildare; Gerald fitz Morice, Earl of Kildare; Brother Robert White, Prior of the Hospital of St. John of Jerusalem; Sir David Wogan, Sir William Wellesley, Brother Peter Pass, Prior of St. Wolstan's; Thomas Fitz Eustace, John FitzEustace, John fitz Morice of Blackhall; Patrick Flatebury, Walter Wellesley, and Robert Wodlok [Pat Roll, 5 Hen IV,pars 1a, n86, in PRO, Cf Tresham, p178b]

In 1407 Sir David Wogan and the vicars and chaplain above referred to obtained letters patent granting a pardon for some transaction in the nature of a reconveyance of the baronies to Sir David [Tresham, p 185]. This reconveyance was,doubtless, made to facilitate the final settlement of the property under new trustees which was made before Sir David's death-a settlement which had an important bearing on the subsequent history of the barony of Okethy. The pardon, moreover,relieved Sir David and his trustees of "all arrears due to the King or his predecessors in respect of the manors of Kilkea, Tristledermot, Berton, Moone, Carbery, Allen, Mainham, Okethy, Carnalway, Dunlost, Balymacloghtyr, and their appurtenances,"

Sir David had married Anastacia, daughter and co-heiress of Sir John Staunton, lord of the half barony of Clane [Journal, vii, p250]. Her dower [Tresham, p222 and Journal, ii p88] was assigned on 24th February, 1418.

NOTE: transcribed by Ken Wogan.

John, son and heir of Sir Thomas Wogan, had seisin of his inheritance without difficulty or delay in 1358. Letters were sent in that year to Henry de Prestwode, King's Escheator in the County of Hereford, with directions "to take security from John Wogan, son and heir of Thomas, deceased, as to certain lands and tenements in Brotherhall, Mayeniston, and other divers towns and places in his bailiwick, which the said Thomas held by knight's service of the heir of Lawrence de Hastynges,late Earl of Pembroke, deceased, and not to further concern himself with the aforesaid services [Exchequer Roll, 31 Edward III, Playford, vol ii, p245.]

In 1359 he was summoned by the King to attend a Parliament in Dublin in the following terms:-"On acount of certain urgent business concerning the peace of our land of Ireland, and especially the parts of Leinster, we strictly enjoin and command, by the faith and allegiance in which you are bound to us, that you be present with our Justiciary of Ireland, and others of our Council, at Dublin on the Monday next following the feast of St. Peter's chains, to treat of that business,and give the aid of your Council," &c [Memorandum Roll, 35 Edward III, cited by Lynch 317,318]

In 1361 he was further honoured by a summons [Printed in Banks "Baronia Anglicana" p.35] to attend a great Council at Westminster, convened for the fifteenth day after Easter in that year. The parties called to this Convention seemed to have been mostly those tenants of the King who held estates both in England and Ireland, but were habitually absentees from the latter kingdom. In his letters of summons the King informs them that "our land of Ireland is now subjected to such devastation and destruction that unless God very quickly protect and succour the same it will be totally destroyed. This is due to the attacks growing more violent every day of the Irish enemy", and to the weakness of the faithful subjects resident there, because the magnates and others of our kingdom of England having lands therein take the profits of those lands and give no help to defend them." Therefore he has determined "to send his dear son Lionel, Earl of Ulster, with a great army in all haste to the aforesaid land" and he calls on them to accompany him in force, or, if that be impossible, to send men to assist in repelling the enemy and saving the land of Ireland. By the 19th chapter of Statute 25 Edward III the rents of defaulting absentees were liable to be seized and spent by the Crown in defence of the English borders in Ireland [Berry's Ancient Statutes p391].

At this period there is no doubt that Sir John Wogan had been an absentee in the previous year, and that his Irish property had been taken into the hands of the Crown. He appealed, however, to the King and explained his absence in such a manner that a respite was granted by Letters Patent of 9th July 1360. "To the Justiciary, the Chancellor, and the Treasurer of Ireland. Whereas of late John Wogan, by reason of his lands in Wales, was charged by Edward, Prince of Wales (the Black Prince), to stay with others in those parts for their defence against the invasions of the King's enemies, the King commanded them to cause the distraint, which they had made on him to make stay in person, to be released, and any of his goods seized into the King's hand on that account to be restored to him; he now learns on behalf of the same John Wogan, that although they made restoration of his lands, his goods and the issues of the same lands are still detained from him. Not wishing that said John should be damaged by the pretext of his stay in his service for the defence of Wales, according to the injunction of the aforesaid Prince, but rather that his good service to him when in foreign parts should be rewarded,the King has granted licence for him to stay in England over the rule of his lands and prosecution of his business until Easter, and he commands them to cause his goods and the issues of his lands in Ireland so seized as aforesaid to be delivered to him, or his attorney in this behalf, and to let him take the issues thereof freely, not disturbing him on account of his not coming to the said land until the said feast"[Cal Pat Rolls vol xi p439].

The Prince,Lionel, Earl of Ulster, afterwards Duke of Clarence, arrived with his great army at Dublin, 15 September 1361, as Lieutenant of the King. We nmay presume that by this time Sir John had returned to Ireland. He was certainly in residence the following year when he was Sheriff of the County Kildare. A Memorandum Roll recalls that, on 11th April, 1364, he rendered his account of the issues and profits of the county from the Monday next following the Feast of St. Andrew,30th November 1362, to the Feast of the Conversion of St. Paul, 25th January 1364, "that is for one year and seven weeks". He still owed twenty-six shillings and eightpence to the Crown. And it was further recorded "that the aforesaid John Wogan, Sheriff, in the presence of the Treasurer and Barons of this Exchequer, alleged that he had received no more than the said sum, and could not be bound in more, and that he requested that this should be engrossed on the great rolls. But Henry, the King's attorney, being present in the Exchequer, says, on behalf of our Lord the King, that the aforesaid John was bound to the amount of ·10 out of profits of the aforesaid county. Therefore let an inquisition be held."[Memorandum Roll,38 Edward III pp 29 in PRO]

On 13th April it was ascertained from an examination of the account rendered of his father's debts to the Crown in 1358 that John, his son and heir, had been overcharged to the amount of ·3 19s 3 3/4d., and this amount is now entered to his credit in the rolls of sheriff's accounts.[Ibid, in dorso] It is clear that John's allegation was not confirmed by the inquisition ordered, and that the Exchequer was inexorable. Sir John, however was slow in discharging his debt. He was cited to answer for it as late as 2nd August, 1369, on which day he had engaged "to pay to our Lord the King ·9 of arrears in his account for the period in which he was Sheriff of the County of Kildare." The words "he has come and made satisfaction" [ Mem Roll, 42 Ed III, m19, in dorso, in PRO] are appended to the record of this transaction. In 1367 he was again an absentee, and a writ of distress was issued against him to levy all his debts to the Crown. An Exchequer record of 22nd January of that year explains how he met the difficulty. "Whereas, on that testimony of the Venerable Father J., Bishop of Leighlin, [John Young, Bishop of Leighlin, 1363-84] and member of the King's Council, John Wogan, Knt., with licence of Lionel, Duke of Clarence, and Lieutenant of our Lord the King in Ireland, and by reason of certain troublesome business concerning John himself, has set out for the parts of Wales, an order was made to the Sheriff of Kildare to stay the levy of all and singular debts, by which the aforesaid John is bound to our Lord the King, until the feast of the Ascension of our Lord next ensuing." [Mem Roll, 40-41 Ed III in PRO m.19]

Again, in 1368, on account of his continued absence in Wales, his Irish property was seized, and once more his defence and explanation proved effectual with the King. In this explanation he asserts that, from the arrival of Clarence in Ireland up to the time when he received distressing intelligence from Wales, he served at his own cost with the King' Lieutenant in the field; that he then received news that his land in Wales would be utterly lost if he did not hasten with all speed to defend them; that he acted with the sanction of the King's Lieutenant in going to Wales, and that by command of his superiors, he stayed there fighting not only for the defence of his own lands, but of the entire land against the enemies of the King; that meanwhile he had left sufficient force in Ireland for defensive duties there; "that when his dangers in Wales were over, he had hurried to take passage for the ports ofIreland, but while passing over the sea he was on three occasions cast back to the coast of Wales by the storm," and therefore, he prays that his lands and tenements now for a long time detained in the King's hand may be restored and delivered to him. The King, moved by this petition, commanded the justiciar, the Chancellor, and the Treasurer of Ireland to restore to John the lands and tenements so held, and the issues of the same, provided the aforesaid John had resumed residence in Ireland by Easter next. [Rymer's Foedera, part iii, vol iii, p. 839]. The King's letter is dated 15th Febreuary 1369.

Sir John died on Sunday before 29th September, 1370 [Memorandum Roll, 19 Richard II in PRO m II], leaving his wife, named Isabella or Elizabeth [Memorandum Roll, 4 and 5 Richard II m. 29, dorso, and 47-48 Edward III m.74 ], and David, his son and heir, a minor.

NOTE Transcribed by Ken Wogan.

The calendar of the Pipe Rolls gives us the "account of Thomas Wogan of the extent of the lands and tenements which belonged to the said John Wogan, from 6 August a.r.ii [Ed. III] [1328 -KJW], when the King committed the custody of the premises to the said Thomas, to 15th June, a.r.v [1331 - KJW], when the premises were delivered to said Thomas, son and heir of said John, as his inhertance, by writ of seisin, as contained in the account of John Morice, late Escheator of Ireland, in roll a.r.v."- reference illegible As the lands of a tenant-in-chief were taken into the King's hand immediately after death, the 6th August may be safely taken as determining the date of both events.

That John, the father of Sir Thomas, was the great justiciar of that name, and not his son, as some authorities have suggested, is easily shown from a Close Roll, 29-30 Edward III [1355-6 -KJW], which I shall cite later on, and in which the King admonishes Sir Thomas of his special obligations to the Crown, "by reason of the lands, which were conveyed to your father by royal grant, which you also now hold." [Tresham, p62b]. Here there is clear reference to the father of Sir Thomas as the original grantee of the Irish estate, finally conveyed in fee to Sir John in 1317. With similar precision at this time the King reminded Maurice FitzThomas, 3rd Earl of Kildare, of his duty with regard to "his lordship, castles and tenements, which were given and granted to your grandfather by our grandfather, and which have descended to you." indicating the 1st Earl, John FitzThomas. Sir Thomas was a minor when his father died but by special favour was granted a custodiam of his future inheritance in Ireland at the rent of ·74 3s 4 1/4d yearly. [45 R.D.K., p34 (or is it 54)].

On 21st March 1331, letters were despatched out of the Chancery of England to Richard Symond, Steward of the Earldom of Pembroke, "to cause Thomas de Wougan, son and heir of John de Wougan, tenant in chief of the late King, to have seisin of his father's lands, as the King has taken his homage, and he has proved his age." [This implies a d.o.b. in 1310-KJW]. Similar letters were issued to Anthony Lucy, Justiciar of Ireland, and to Guy Brien, Steward of Haverford [Calendar of Close Rolls, 5 Edward III [1331 - KJW], p213]. Owing, no doubt, to his absence from Ireland, the seisin of his estate of his estate in this country was not delivered until 15th June 1331.

The name of "Sir Thomas Wogan, Knight," appears on a list of Irish landholders, to whom letters were sent in 1335, with a summons to be in readiness with horses and arms, at latest before the feast of St. John the Baptist, next ensuing, to set out for the war in Scotland. [Rymer's Foedera, part ii, vol ii p.206]

But as early as 7th June Sir Thomas was in Scotland, and remained over four months there, with his men-at-arms on active service. From a record, hitherto unpublished, we learn that he had to wait more than twenty years for any indemnification of his expenses on that expedition. In a brief of 20th January, 1356, addressed to the Treasurer and Barons of the Dublin Exchequer, Edward III declares:- "That whereas it has recently been ascertained by the account returned to the Exchequer of England by Thomas Crosse, clerk assigned for the payment of the wages of men-at-arms lately engaged in our service in the parts of Scotland, that we are bound to Thomas Wogan, chevalier, in the sum of forty-six pounds and four shillings, for wages of himself and his men-at-arms from the seventh day of June, in the ninth year of our reign [1335 - KJW], to the fifteenth day of October following,during which period the same Thomas Wogan, with his aforesaid men, was engaged in our service in the said parts of Scotland, in the company of John Darey, then our Justiciar of Ireland, as the Treasurer and Barons of our Exchequer of England have certified in our chancery to us, we have by various briefs commanded the Treasurer and Chamberlain for the time being of our Exchequer of Dublin, to pay over to the said Thomas the aforesaid sum of ·46 4s, and though the said Thomas has often urgently pleaded with the said Treasurer, &c., for payment of said sum, nevertheless he has not hitherto secured any partial payment from that quarter, and as he has prayed that a remedy should be afforded him by us in this matter, WE, &c." The King concludes by commanding the officials of the Exchequer to satisfy the claims of the petitioner, which were settled by giving him credit for the arrears due by him to the Exchequer by reason of a custodiam of the lands of Rosegarland, Co. Wexford, the estate of George le Poer, deceased. [Memo. Roll 29-30 Edw III, m.15 in PRO][1355-1356 -KJW].

It must, however, be recorded that during the long interval of waiting for this tardy satisfaction Sir Thomas was the recipient of some remunerative favours from the king. In 1337 he received the appointment of King's Escheator in Ireland [Playford, vol ii, p114], and some time previously, the Wardenship of the castle of Clonmore, County Carlow, for which he was granted a fee of ·50 per annum. This stronghold had been recaptured from the Irish, by the Justiciar, Sir Anthony Lucy, in 1332 [Clyn's Annals. For details of Lucy's expedition, see 43 R.D.K.p54], and seems to have been entrusted to Wogan shortly afterwards, as may be inferred from a letter addressed by the king on 18th April 1337, to the Dublin Exchequer. In this letter the king states that the arrears of the annual fee of ·50 have been a long time outstanding, and commands the Treasurer to discharge his obligation [Calendar of Close Rolls, Edward III(1337-39) p63].

At the same time Sir Thomas was summoned to account for a debt of ·100 recorded in the Exchequer against his father, John Wogan, as originally due to Hugh Despenser, the elder, but now escheated to the king, by reason of forfeiture on the part of Despenser. Sir Thomas did not obey the summons, alleging that he had private letters proving that the debt had been discharged, and a degree of of execution was sent against him to the Sheriff of the County of Kildare. He then appealed to the king, who, "in consideration of the good service of Thomas Wogan," pardoned the debt in a letter of 24th April, 1337.[Calendar of Pat. Rolls, Edw.III (1334-38), p429].

There can be no doubt that at this period he stood well with the king; but there is clear evidence that he was at the same time held in high esteem by the Anglo-Irish community, whose relations with their sovereign were at the time sorely strained. In 1341, in the words of an ancient annalist, "the King of England had revoked all the grants made by himself and his father, to any persons of Ireland, whether in the matter of franchises, land or goods, and in consequence of this revocation, a great strife arose in the land, and the land of Ireland was on the point of being lost out of the hands of the King of England. Never before that time had there been such a notable and manifest feud between the English by birth and the English by blood in the land of Ireland." [Laud MSS Annals, Chart. St Mary's Abbey, p383]

"The Justiciar had meanwhile summoned a parliament to meet in October [1341?]; but the Mayors of the royal cities, with all the nobles and chief persons of the land, ignored the summons, and, without any sanction on the part of the Justiciar,met together in a parliament summoned by themselves at Kilkenny in the month of November." In this convention they determined to send at once delegated messengers to the King "to reveal to him the state of the land, to complain of his ministers and of the iniquitous and unjust government of the same, and to show that they would no longer tolerate that the land of Ireland should be governed by his ministers after their accustomed manner" [Ibid p384].

The messengers selected for this purpose were Brother John Larcher, Prior of the Hospital of St. John of Jerusalem in Ireland, and Sir Thomas Wogan, and they presented twenty-seven articles of complaint to the King. These articles with the King's reply to each, were brought back by the delegates; and a Statute Roll of 16 Edward III records that these "were presented to our lord, the King of France and England, by Brother John Larcher, Prior of the Hospital of St. John of Jerusalem in Ireland, and Sir Thomas Wogan, sent to the King as messengers by the Prelates, Earls, Barons, and Commonalty of the land of Ireland [Berry's "Ancient Statutes," p333]

In a covering letter Edward III states, "that the said Prior and Sir Thomas de Wogan have well and discreetly made us acquainted with the state of our said land, and much commended your good disposition towards us." [Berry's "Ancient Statutes,"p362]

The Statute Roll referred to is well worthy of perusal, and is instructive on the state of Ireland during this period. The remonstrants informed the King "that the third part of your land of Ireland, which was conquered in the time of your progenitors, is now come into the hand of your Irish enemies, and your English lieges are so impoverished that they can hardly live." Against the Irish enemy Sir Thomas is now called to take the field; and we find him at this time (1343) stationed with many men-at-arms at Newcastle McKynegan, in the company of John Moriz, locum tenens of the Justiciary, during the war against the O'Byrnes. [Tresham p.44] In 1346 he was appointed by Royal Commission a "Warden of the Peace" in the County of Kildare. [Pat Roll 20 Edw III, Tresham, p.59]. The duties of these wardens were determined by a statute of 1351, as follows:- "Also [it is agreed and assented] that in every county there be appointed four of the most worthy men of the county to be Wardens of the Peace, who shall have full power to assess horsemen-at-arms, hobelers, and footmen, each according to the value and quantity of his lands, goods and chattels, so that they may be ready at whatever time there may be occasion, for the purpose of checking the malice of the enemies, according to what they shall be assessed by the wardens aforesaid; and that the said wardens after the array made in the aforesaid manner, make view of the said men-at-arms, hobelers, and footmen from month to month, in a certain place of the county, where they shall see best to make it, in case of the people; and if the said wardens find any rebel who will not obey their mandates, that they have power to attach them and commit them to the next gaol, there to remain until the law be enforced against them" [Berry's "Ancient Statutes"383-85].

The position of a tenant-in-chief in Ireland now grew more burdensome. The obligation of defending his own lands was extended by Edward III so as to make him liable for the protection of a larger area, and this at his own cost, and without any contribution from the people of the extended area under his protection. How the great landholders strove to evade or to shift this new obligation will appear from the following letter addressed to Sir Thomas Wogan, on 5th January, 1356:-

"The King, to his beloved and faithful Thomas Wogan, greeting. Whereas by the deliberate advice of our whole council we thought well to ordain that wards should be

posted at Kilteel, Rathmore, Ballymore, and Graney, in the County of Kildare (as well as in other parts of the Leinster counties), by the nobler and more powerful persons in those counties, at their own charges, and not at the charges of the commonalty, or of the towns of the same county, for the safety and defence of the parts of the said county against the O'Byrnes and their accomplices invading those parts in a hostile manner; and although you, as being more powerful and richer than the others of the same county, are, in accordance with the ordinance made in this matter, stationed in the ward of Graney, situated within your lands, yet you arenot posted there as becomingly and with such an adequate company of men-at-arms and other forces as your honour demands; and, nevertheless, out of your own presumption, you cause the charges for yourself, as well as for those stationed in the same ward, to be levied on the common people of the same county, by extortion, threats and compulsion, in contempt of us and with outrage to our people. Now,therefore, having taken into consideration your power, and the fact that, by reason of the lands granted to your father by royal gift, you are under greater obligations, it is ordained by us and our council that you keep continued residence in the aforesaid ward with three men-at-arms and mailed horses, eight hobelers, and twenty-four archers on foot, and others, at your own charges, however, and not at the charges of the said county. And, therefore, under the certain pain of forfeiture of the lands which you thus hold by royal grant, and by the faith and allegiance in which you are bound to us, we strictly enjoin and command that you yourself being well armed, along with the others [aforesid &c,. &c.,] remain in the said ward until it shall be otherwise ordained. And lest any dangers should arise in those parts through your default, or losses be incurred through your extortions, we shall cause an inquisition to be made therein" [Original Close Roll 29-30 Edw III, n.98 in PRO calendared in Tresham p.626, n.110]

A further insight into the methods of Sir Thomas is afforded by the King's writ, ordering the inquisition referred to:-

"The King, to his beloved Geoffrey FitzEustace, and those asociated with him, and assigned for the supervision of the wards of Kilteel, Ballymore, and Graney, for the defence and safety of the County of Kildare, &c. Although recently in accordance with our injunction made with an order of the Council and with the assent of the aforesaid county, certain baronies and determined places and persons mentioned by name were assigned to each of the aforesaid wards, and though the persons named according to the same ordinance and assignment have for the most part been stationed in their own wards, nevertheless we understand that by the special contrivance of Thomas Wogan, Knight,and of others like him, and under colour of certain letters procured by the same through fictitious suggestions, and directed, it is said to you, the said assignment and ordinace are somehow discarded, and persons elected within certain baronies and definite places, and assigned towards in accordance with this distinction, are withdrawn from these same wards. And the same Thomas, and others, of the like sort, by threats and distraining, compel the parties so withdrawn, as well as others who wereappointed to the wards of Kilteel and Ballymore, to come to the aforesaid ward of Graney, and there to stay with Thomas aforesaid; and in consequence of this subterfuge the said wards of Kilteel and Ballymore, and other parts of the county, are daily exposed to danger from the incursions of the enemy. And for the charges of those who stay in the said ward of Graney they cause a general levy to be made on the poor common people, to the affliction of the same, and in contravention of the ordinance and assignment." The document concludes by ordering the supervisors to inspect the wards, and not to tolerate any of the abuses referred to.[Close Roll, 29-30 Edw III n. 99 in original, calendared in Tresham, p.626, no. 117]

We may presume that Sir Thomas did not further provoke the wrath of his Sovereign, as he died two years later in full possession of his inheritance. He had married Margaret FitzThomas [Close Roll, 4 Richard II, Tresham p.109], who, I expecvt was sister of Maurice FitzThomas, 3rd Earl of Kildare. His death occurred in 1358, and the English Escheat Roll of that year records manors, lands, and tenements of which he then had seisin, and which are calendared as follows [Close Roll, 4Richard II, Tresham, p.109]:-

NOTE transcription by Ken Wogan.

Thomas de Kent seneschal of the royal estates was later on succeeded by a clergyman named John de Hothum, who was responsible for the lands in 1313 when the King relieved him of his charge, and made a grant of Okethy to Sir John Wogan for life,which is calendared as follows:- "Grant to John Wogan, on account of his good services, both in England and in Ireland, as well as to Edward I, as to the present King, of all the lands of Okethy in Ireland, late of Henry de Rochford, which fell into the hand of Edward I by grant of said Henry de Rochford, and which are still in the King's and, to hold for his life, by the service of rendering one sore sparrow-hawk every year at the Exchequer, Dublin, in the feast of Michaelmas, and also by other services if there be any due for the lands."[Cal Pat Rolls 1307-1313 p588]. Upon the death of John, the lands revert to the King. And on 28th April 1314, the King commands the Treasurer and Barons of the Exchequer, Dublin, to discharge the King's Clerk, John de Hothum, of the extent and responsibility connected with those lands "from 22nd May, in 6th year of reign, when the King granted all the lands of Henry deRochford in Okethy to John Wogan for life, for his services to the late and present kings, &c,to be held by the service of rendering a black sparrow-hawk yearly to the Exchequer of Dublin." [Cal Close Rolls Ed II p 53]

The grant covered only the lands in the King's hand in 1310, and would at first sight seem to exclude the Manor of Rathcoffey, then the dower of De Rochford's widow. But from a later record it would seem that the manor had been taken into the King's hand, in penalty for waste, and that Wogan had obtained seisin of it with the other lands of Okethy. Upon a fie being made by Henry de Cruys and his wife, the manor was restored to them, but the fee of the manor was granted to John Wogan, tjhough he had not yet acquired more than a life interest in the barony as a whole. After the death of Elizabeth de Cruys in 1317, the King issued the following mandate, dated 16th May 1317:-" The King to the Treasurer and Barons of the Exchequer, Dublin, greeting. Whereas it has been found by inspection of the Memorandum Rolls of the aforesaid Exchequer that the lands and tenements of Okethy had been delivered in their entirety (integre) by Nicholas Balscote, one of the Barons of the Exchequer, to John Wogan, including the dower in the same tenements, that had been taken into our hand for the waste done in the Manor of Rathcoffy by Henry Cruys and Isabella, who had held the said manor in dower of same Isabella, and afterwards the same Henry and Isabella recovered said manor by a fine made in the aforesaid Exchequer, doing fealty to the aforesaid, doing fealty to the aforesaid John for the dower above mentioned, so that the said John was in the first instance seized both of the dower aforesaid and of the fealty, it has been agreed by Roger de Mortimer, our Lieutenant in Ireland, and our council in the same place, that the dower aforesaid be delivered to John Wogan to be freelyheld by him according to the form of our grant lately made to the same John".[Mem Rolls 10 Ed II , m57, in MS Cal., vol ii p 305, in PRO]. Finally in the following November, the King conveyed to Wogan an estate of inheritance in all the lands previously granted to him byt the Crown for a term of years or for life. The letters patent containing this grant are dated 5th November,1317, and run as follows:- "Edward by the grace of God, King of England, Lord of Ireland, Duke of Aquitaine, to all whom these present letters shall reach, greeting. Know ye that, as in return for the good and praiseworthy service which the beloved and faithful John Wogan hath rendered to the Lord Edward , formerly King of England, our predecessor, and to us, we recently granted to him.... .....by our letters patent all the lands and tenements in Kylka, Trestledermot, Berton Meon [Moone], Carbry, Alwyn and Combre, with all their members, and appurtenances which by demise of our predecessor he had previously held for a term of years, to have and to hold to the same John,of us and our heirs, for the term of his whole life, by the services by which those lands and tenements used to be held before they came into the hands of our said predecessor; and, subsequently, by others our letters patent we granted to the same John the lands and tenements of Okethy,which were formerly Henry de Rochford's, to be similarly held for life from us and our heirs. We, in view of the aforesaid service, and desiring in this matter to do him more bounteous favour, have granted to the aforesaid John the said lands and tenements in Kylka, Trestledermot, Berton, Meon, Carbry, Alwyne, Combre, and Okethy, with all aforesaid members and appurtenances, to have and to hold to him and his heirs, together with knights' fees, and advowsons of churches, and all other things in whatoever manner relating to those lands and tenements, of us and our heirs, for ever, by the aforesaid services. In testimony of which we have caused these letters patent to be issued. Witness Myself, at Westminster, the fifth day of November, in the eleventh year of Our reign. By the King himself and Council." [Rot. Pat., 11 Ed. II, pars 1a, m.31. in PRO]

The denominations of Carbury, Allen, and Combre, specified in this grant, were detached and outlying parcels of John de Mohun's estate, and are described in the extent of that estate sent to Edward in 1305.[Justiciary Rolls II, p28-9, C.D.I.,v,p117]. In the district now designated the barony of Carbury John de Mohun held one carucate of land, valued at ·4 annual rent in time of peace; "now on acount of war worth only 20s.; Baliger, or Parsonstown [in parish of Ardkill], worth 2 marks annual rent in peace; and now it lies untilled and renders nothing"; one-third of a knight's fee [13s 4d] in Bigard, to be rendered by heirs of William le Blound; one-fourth of knight's fee in Balemayn, by heirs of Peter le Blound. In Allen he held "at Athinglan 51 acres arable, rendering 51s rent in time of peace, and now nothing on account of war;" the manor of Balityg [Ballyteigue, parish of Kilmeague] held by Walter Lenfant at 26s 8d annual rent; half a knight's fee for the town of the mill near Allen." "The jurors (of the extent) say also that John (de Mohun) has the Combre in County Dublin, in the confines of County Dublin and Kildare, two villatas (townlands) of land which were accustomed to be worth, in time of peace, yearly, ·7 16 1/2d (sic), and in time of war nothing, because the issues are not sufficient for half the cost of keeping them, and that is land of war, and among the Irish, who are more often at war than at peace." The Combre, the district in which Castlecomer, County Kilkenny, is now situated, was at that time under the jurisdiction of the sheriff of Dublin, while the County of Kildare extended into Leix and Slievemargy in the present Queen's County. The two townlands mentioned therein were found by the jury to be made up of fragments of other existing townlands whose names are specified in the return, but which it would be difficult now to identify.

This complication resulted from the division of the Marshal Seignory, 1n 1217, among the co-heiresses of the last Earl Marshal. At the time of the partition one of the five sisters of the Earl alone survived; two were represented by male heirs;one by three and another by seven co-heiresses. [See Journal RSA I vol xliii "The Marshal Pedigree" by Hamilton Hall]. To assign to each one the purparty legally due, it was necessary to divide the estate into thirteen parts, and this arrangement was further complicated by the subsequent death of two co-parceners, leaving three and four co-heirs respectively to claim a new sub-division of their mother's inheritance. Baronies, manors, and townlands were divided and subdivided and when this process left a purparty still incomplete, it was supplemented by clippings and trimmings from other shares. The abiding result of all is a topographical puzzle for the historian. For the Anglo-Norman invaders of Ireland clung to the old Gaelic place-names long after they had ceased to designate a well-defined and delimited area constituting a separate tenement. The men on the spot could trace the dividing lines; the sherriff or his sergeant put the new grantee in possession of the lands included in his grant, which designated them only in a general way; if necessary, a jury was summoned, and declared what were the bounds and the vaue. In Moone, Barton and Combre, lay side by side the holdings of John de Mohun, of the heirs of his relative, William de Mohun, and of the de Bohuns, all claiming in the inherited rights of the Marshal copareeners,[Cal Pat Rolls, Edward III v ??? p 78;38th Rep of DK, pp38,39 and pp 81 and 82, for division of Carbury.] and it is only where extents made by juries come to our aid that we can even partially succeed in segregating a separate holding. It will be noticed that the King's grant in fee declares all the lands as held of the King and his heirs, and completely ignores the rights of the De Bohuns, as chief lords of Okethy, and of the De Mortimers, chief lords of Kilkea and Castledermot. The former seem to have, at least passively, waived their ancient franchise. Forty years later, Roger Mortimer, second Earl of March, obtained from Edward III a grant declaring "that the said John Wogan or his heirs, or other tenants of the lands in Kilka and Tristledermot, shall henceforth hold them of the King and other chief lords of these fees by the same services whereby they were held before they came into the hands of Edward I" [Cal Pat Rolls, Ed III, volxp634]. This grant is dated 5 November 1357, the fortieth anniversary of Edward II's grant. It may seem strange that this claim lay dormant for so long a period. But it is, I believe, quite intelligible when we recall the family history of the Mortimers. Roger, first Earl of March, was little affected by the grant of Edward II, as he was at that time, from November, 1316, to 1321, the King's Lieutenant in Ireland, and had a grant of all the revenues of the Kingdom. His subsequent tempestuous career is well known; it ended on the gallows in 1330; his blood ws attainted, and the attainder was operative until 1354, when it was revoked in favour of his grandson, the successful petitioner to Edward III. Sir John continued to hold the office of Chief Justiciar until the appointment of Theobald de Verdon in 1314 [28th Rep of D.K., p40; Chart. St. Mary's Abbey, ii 343,344]. His position as a large proprietor in Wales, as well as the King's need of his service in England and scotland, necessitated from time to time the appointment of a locum tenens, or of a "Keeper of Ireland" (Custos Hiberniae) in his temporary absence. But on his return he always resumed his functions as a matter ofcourse. From 1295 to de Verdon's appointment there is no record of the appointment of any Justiciar [See 26th Rep D.K. pp57 and 58, note] Both Green and Haydn have references to appointments between 1295 and 1309 In 1309 Haydn records an appointment as listed above.

In February, 1310, Wogan presided as Justiciar at the Parliament of Kilkenny, assembled at his summons [Berry's Ancient Statutes, p258]. As Justiciar in July, 1312, he led a military force into Louth to suppress the disorder there prevailing among the Anglo-Irish gentry, when his soldiery were completely routed by the De Verdons and their adherents [Chart. St. Mary's Abbey, cxxv,341 and 417 &c], and in December of the same year the King directed a mandate to Wogan to deliver the Irish estates of the Earl of Norfolk to Thomas Brotherton, brother of the King [Charter Rolls, vol iii, p205]. On 11th May 1314, letters of protection for two years are granted to "John Wogan, staying in Wales in the King's service" [Cal Pat Rolls 1313-17, p186]. On 20th February 1315, letters were granted nominating attorneys in Ireland for two years for "John Wogan and Avice his wife" [Ibid p223], staying by the King's commands in Wales" On 11th may 1317, protection until Christmas is granted "to John Wogan, going in the company of Roger de Mortimer of Wigmore to Ireland" [Ibid p646].

This turbulent baron was evidently friendly to Wogan, and his influence in establishing the title to Rathcoffy is indicatedin the King's mandate of 16th May of this year, already cited. On 26th Oct. 1318, "John Wogan and Amice (sic), his wife,staying in Ireland, have letters nominating attorneys for two years in England and Wales. "[Op Cit1317-21 p222]. On 30th May 1319, a commission was issued to Thomas fitzJohn, Earl of Kildare, John de Bermingham, Earl of Louth, Arnold le Poer, and John Wogan, to inquire in Ireland concerning adherents of Edward Bruce in that country" [Ibid p374] This record is the last I can find relating to Sir John Wogan's connexion with Ireland, and is certainly a testimony to his persistent activity in the service of his Sovereign and to the unwavering trust reposed in him. To have retained through a quarter of a century the favour of Princes in the stormy period through which he served them, is, no doubt, a proof of considerable ability, but scarcely justifies indiscriminate eulogy, and must not blind us to evidence of some limitations in the character of Sir John Wogan.

Laud's MS Annals record Sir John Wogan's death as occuring in 1321 [Chart. St. Mary's Abbey, ii, 362]

There can be little doubt, however, that the exact date of Sir John Wogan's death must now be fixed as on or about 6th August, 1328. The Calendar of Pipe Rolls gives us the "account of Thomas Wogan of the extent of the lands and tenements which belonged to said John Wogan, from 6th August a.r.ii. (Ed III), when the King committed the custody of the premises to said Thomas. The Wogan pedigree drawn up by Sir William Betham, and printed in "La Famille de Wogan" assigns Sir John's death to 6th August 1308; but this is manifestly founded on the error of ascribing the Pipe Roll to the reign of Edward II, instead of Edward III. As the lands of a tenant-in-chief were taken into the King's hand immediately after death , the sixth day of August may safely be taken as determining the date of both events.

NOTE transcription by Ken Wogan.

The Manor of Rathcoffey was granted by the King to Sir John Wogan in 1317. Sir John was of Wiston in Pembrokeshire, and is said to have married Joan, daughter and heiress of Sir John Picton, whose estate of Picton Castle in the same shire thus passed to the family of Wogan.

His property in Somersetshire and South Wales was considerable; he had acted, moreover, as Justice in Eyre in the north of England, had been employed in administrative duties in Wales, and had served in Scotland [Bank's "Baronia Anglicana" 157;D.N.B.; Mills' preface to printed Justiciary Rolls.] John Wogan received a commission from Edw 1 to enquire touching all trespassses against the king and bailiffs of Bergavenny, [Patent Rolls]

In 1282 the Lord Chancellor of Ireland is commanded to cause to be given to John Wogan, in the King's service in Wales, the King's letters patent of protection for one year in Ireland; and in 1285 letters of protection until Christmas ensuing to John Wogan, about to proceed by the King's licence to Ireland. 2 Oct 1284, John Wogan obtained letters of attorney appointing Edmund O'Nobb his attorney in Ireland for 2 years, [Patent Rolls]. 28 Dec 1285, John Wogan granted protection for one year while going beyond the seas. 26 Feb 1290, John Wogan with two others appointed to enquire as to whether Humphrey de Bohun at a time when he had two parts of the Barony of Haverfordwest in his hands; had the power to hold pleas by writs out of his own chancery of Haverford. 1291, The Friday after the decollation of St. John the Baptist, Grant from Robert de Valle to Sir John Wogan binding the grantor in the sum of ·400 to pursue his right to the lands of Bempton in the barony of Castle Walwayn; and to enfeoff Sir John Wogan and his wife Margaret in tail with the same; with reversion; in the event of failure of issue to Sir John in tail and to Margaret his wife., [Calendar of Ancient Deeds, Vol III No. D1034]

1292, John Wogan and William de Ormesby commissioned to deliver Lancaster gaol of John Gernoun, who was charged with robberies ,[Patent Rolls] 1293, John Wogan appointed one of the justices of oyer and terminer for co. York ,[Patent Rolls] 24 April 1295, John Wogan granted custody of a moiety of the manor of Sokedeneth during the minority of the heir of Nicholas de Bonnevill, [Patent Rolls] 18 Oct 1295, John Wogan granted letters appointing Giles de Barenton and William de Mortuo Mari as his attorneys for two years, [Patent Rolls] 18 Oct 1295, John Wogan appointed 'justiciary of Ireland and the lands of Ireland and the castles there' in succession to William de Oddingeseles who had lately died. Salary ·500 p.a. out of which he had to maintain 20 men at arms and as many harnessedhorses. It was further provided that in the event of war being made in the country by the king's enemies or rebels; or in the event of the castles being beseiged; he was to be paid any expenses incurred beyond those of himself and his men at arms, [Patent Rolls]

18 Oct 1295, John Wogan directed to select from the bravest and strongest horsemen of Ireland together with 10,000 footmen to cross the sea in the King's service., [Patent Rolls] In 1295 he was selected by Edward I for the important office of Chief Justiciary of Ireland, by letters patent of 18th October, in which "The King commits during pleasure to John Wogan the office of Justiciary of Ireland. He is to have the fee of ·500 a year, provided he maintains twenty men-at-arms, with as many armed horses; but the King wills and grants that if it happen that war be levied against the King by enemies and rebels, or the King's castles be hostilely invaded or besiged, John, as often as he happens to go with horses and arms and the King's army, to repress their malice and raise the siege, shall have of the King's treasure, beside the ·500 a year, the expenses which he shall incur regarding the army."[Sweetman, iv, n267]. The English Justiciar, as Blackstone informs us, not only presided over all the King's judges, but "was also the principal minister of State, the second man in the kingdom, and by virtue of his office guardian of the

realm in the King's absence" [Blackstone, iii, 267]. In Ireland, owing to the permanent absence of the King, the Justiciar, though still the King's minister, and not invested with viceregal powers, was second to none, and chief of the entire administration, civil and military.

The first governors of Ireland, Camden tells us, "whom we now call Viceroys, were, from the first arrival of the English under Henry II up to the time of Edward III, called Justiciaries of Ireland, then Lieutenants, and their substitutes were styled Deputies. Afterwards, according to the will of the Prince, they were called at times Deputies, Lieutenants (this being the highest title of honour); but generally they all had the same authority." So, too, Mr. Gilbert, in his valuable work on the "Viceroys of Ireland", says-"From the close of the twelfth century the Governor of the Anglo-Norman colony in Ireland was usually styled the Chief Justiciary--Capitalis Justiciarus. This was the title given in Normandy and England to the highest officer of the King's Court next in power and authority to the Monarch, in whose absence he ruled as Viceroy, entrusted with the whole civil and military administration. It would appear that the Kings of England required theirJusticiaries for Ireland to be guided by the advice of the barons of the colony." By 3rd December 1295, Sir John had taken up his duties and the records of the following twenty years attest his marvellous and many sided activity, and the high esteem in which he was held by Edward I and Edward II.

In 1294 O'Connor, of Offaly, wasted Kildare, and, according to Dr. Leland, "burned all the rolls and tallyes of that countrie;" and about the same time many of the English adopted the manners and customs of the natives. "They affected" says Leland, "the garb and outward appearance of Irishmen. To prevent or remedy such defects a Parliament was summoned by Sir John Wogan at Kilkenny in 1295, and there passed several laws by which the incursions of the Irish were for a while repressed."

In 1295 he convoked a Parliament in Kilkenny to prevent the English Colonists in Ireland from adopting Irish names and habits. The Acts of the Parliament will be found in "The Black Book of Christ's Church." In the same year the King commanded Richard de Burgh, Earl of Ulster, Theobald le Butiller, Theobald de Verdon, Peter de Bermingham, and the other chief nobles of Ireland, to be faithful to John Wogan, Justiciary of Ireland, and to do what he enjoined them in the King's behalf,namely to be personally at Whitehaven on the first of the approaching month of March, with as powerful and becoming force as they could, to aid the King in what he intended to do for the preservation of his regal right and Crown. The "Annals of the Four Masters," under the date 1296, say of this expedition--"An army was led by the King of England into Scotland, and he acquired great power in that country. The Chiefs of the English of Ireland, i.e. Richard Burke, Earl of Ulster, Gerald FitzGerald, and John FitzThomas, were on that expedition." "Grace's Annals" say Wogan went on this expedition. The king feasted these nobles in the Castle of Roxburgh on the 13th of May. In 1297 a mandate was issued to John Wogan, Justiciary of Ireland, and the treasurer and barons of the Exchequer, Dublin, to take into the King's hand and to hold until further orders the castle, manor, and county of Kildare, with all its liberties, which William de Vesci had surrendered to the King.

8 Sept 1296, Sir John Wogan obtained protection for himself and Walter Wogan who were going on the kings service to Ireland for two years, [Patent Rolls] 10 Sept 1296, John Wogan ordered to buy wheat and oats in Ireland; and to send it to the King in Gascony; where the King's troops were in urgent need of it., [Patent Rolls] When in that year [1297] he summoned a general Parliament at Dublin, its first act was to provide "that the County of Kildare, which was formerly a liberty intentive to the Sheriff of Dublin, be henceforth a county by itself, together with the cross-lands and other lands of the parceners of the lordship of Leinster, contained within the precinct of the same, totally discharged from the jurisdiction of the Sheriff of Dublin" [Berry's Ancient Statutes 199].

The King when opportunity offered, did not fail to strengthen his Justiciar's interest in Kildare. As we have seen, the de Bohun estate was in the King's hand in 1299, and by the following year we find that a custodiam of the lands had beengranted to Wogan. This duty [to bear arms in defence of their lands] became statutory in Ireland by 25 Ed I secs 2,3, and 9, passed in the Parliament held by Sir John Wogan at Kilkenny in 1297 [Berry's Ancient statutes pp 201,207 "Pleas of the Crown at Kildare (14 April 1298), before John Wogan, Chief Justiciar of Ireland, Henry son of Henry de Rochford, charged that he received John Moyneth, felon of the death of Ric, son of Alured, puts himself on the country. The jurors of Offelan say not guilty." [Justiciary Rolls, i 197.]

Before 24 Nov 1298, Sir John Wogan married Margaret one of the co-heirs of of Robert de Valle.

24 Nov 1298, on the petition of Sir John Wogan and others the king ordered the bailiff of Haverfordwest not to intermeddle with certain property. This property had been taken into the king's hands; because Margaret WIDOW of Robert de Valle refused to take oath that she would not marry without the kings consent; on the grounds that it was not the custom in those parts to do so. Margaret had been given dower out of the manor of de Valle (Dale;Pembs). The property seized by the bailiff comprised1/3 part of 5 carucates of land in Bigeton; 1/3 part and a moiety of 2 carucates of land and 2 mills in Molhok (Mullock; in the Parish of St. Ishmael; co. Pembroke); 1/3 part of a yearly rent of 40s. and of the moiety of 3 carucates of land in le Hille., [Close Rolls

Henry, son of Simon [de Rochord] in order to recover possession [of Okethy], had recourse to an Assize of novel disseisin, before the King's Justiciar, Sir John Wogan, sitting in the King's Court at Kildare on 13 July 1299, Note: the demand of the ejected party for an "Assize of Novel disseisin" before John Wogan, the Chief Justiciar, at Naas, on 7 May 1300.

In 1300, by reason of the great expenses which Wogan had incurred in the King's service beyond the fee which the King allowed him in promoting the King's affairs, having received money for that purpose from the sheriffs and debtors to the King,the King therefore commands the treasurer and barons of the Exchequer, Dublin, that having viewed his receipt as Justiciary, wherewith he was charged beyond his fee, they exonerate him and acquit him of ·500, which the King grants to him in subvention of his expenses.

28 March 1301, Sir John Wogan with Walter Wogan and others authorized to arrange with the magnates and commonality of Ireland to assist the king with horses and arms in his war against Scotland; and to grant a fixed subvention for such assistance. 21 Nov 1301, Sir John Wogan ordered to procure in Ireland 2000 quarters of wheat; 2000 quarters of salt; 4000 quarters of great fish and 20000 herrings for the use of the kings expeditionary force against the Scots., [Patent Rolls] He had at Kilpipe, in County Wicklow, at least from 1301, 10 knights' fees and 10 carucates of land, which he held from the Lady Joan of Wexford, daughter and heiress of Joan marshall, by the service of half a knight's fee. The 10 carucates he seems to have granted in fee to the Prior and Hospitallers of St John of Jerusalem in Ireland, as his petition for the necessary royal licence was approved by a jury of "good and loyal men" at Casteldermot on 18th May 1301 [??? iv, p356]. A further acquisition at Wicklow is indicated by a "Licence, dated 1 Jan 1912 [sic- KJW][Cal Pat Rolls (1307-1313), p 51] to the Prior and Convent of St Mary's Conal to exchange a messuage and 7 carucates in Kilpole for the advowson of the Church of Carnalway granted them by John Wogan."

His first wife, Joan Picton, must have died before 29th September, 1301, as on that date he paid ·60 into the King's treasury at York for licence to marry Margaret Staunton

1302, Margaret the wife of Sir John Wogan died, [Book of Howth]

10 Aug 1302, Sir John Wogan and others commissioned to enquire whether the ancestors of the Earl of Warwick; when the land of Gower was in their hands (prior to the time when it came into the hands of King John) were entitled to Royal jurisdiction therein.,[Patent Rolls] Meanwhile in North Kildare, the barony of Okethy was still in the King's hand, with the exception, as we have seen, of the Manor of Rathcoffey, of which Elizabeth de Cruys held the life interest in dower. Nor did the King lose sight of this portion of his Irish property. On 20th May 1304, shortly after the death of Henry, son of Henry de Rochford, he sent an "order to the Treasurer and Barons of the Exchequer, Dublin, to cause the houses and mills of the manors that belonged to Ralph Pipard [Pipard had held Cloncurry, Leixlip, Castlewarden &c. (C.D.I., v, p58)] and Henry de Rochford, in Ireland, to be repaired" [Ibid p 209].

1 April 1305, Sir John Wogan justiciary of Ireland granted; for 10 years; at the yearly rent of ·100; the custody of all the lands in Kylka and Tristeldermot (Co. Kildare). These lands held by the king by the grant of Christiana de Mariscis. Also granted all lands in La Berton and Mon which were held by the king by the grant of John de Mohun. , [Patent Rolls] 21 April 1305, Sir John Wogan granted 500 marks in recompense of losses in the kings service in Ireland.,[Patent Rolls]

28 April 1305, Sir John Wogan bought from Christiana de Mariscis a rent charge of ·40 yearly relating to the lease hold lands in Kilka and Tristeldermot. He also acquired all her lands in Kilka and Tristeldermot for ·400. [Close Rolls] An entry in the Exchequer Roll of 1305 records that "John Wogan, Justiciar, is bound to answer for the lands of Ballymadan and Combre, from the 28th year of king Edward: to wit, for 50 marks annual rent" [Mem. R. 33 Edw I m 2? in dorso in PRO]. This interest, however, terminated in 1306, when the King finally granted livery of seisin to James de Bohun [CDI v pp 122,156]. In 1305 the estate of John de Mohun, situated in the present barony of Kilkea and Moone, was also at the King's disposal. It was the portion of the great Marshal seignory which John de Mohun inherited from his father, who was heir to his mother Joan, daughter of Sibyl Marshall and William Ferrers. In 1290 John de Mohun surrendered all his lands in Kildare and elsewhere in ireland to the King in exchange for the Manor of Long Compton, in Warwickshire [Sweetman iv p.270]. Besides the demesne and town of Moone; it comprised certain lands and appurtenances at Mullaghmast, Irishtown,

Glasscaly (parish and barony of Narraghmore), and Berton (Burtown, par of Moone), as well as outlying parcels at the Combre (County Kilkenny), and in Carbury and Allen, County Kildare [see Justiciary Roll ii, p28]. Some of the Buretown lands had been already rented to Margaret Wogan. With these lands, and with the estate granted to him by Christiana de Mariscis, the King now dealt, and by a grant of 1 April 1305, "the King commits to John Wogan, Justiciary of Ireland, all the lands and tenements in Kilka and Tristledermot, which the king had of Christiana de Mariscis; and also all the Kings lands andtenements in la Berton and Mon, which the King had of John de Mohun, to have and to hold to said from the feast of Michaelmas next ensuing to the end of ten years next ensuing, with the homages, rents, and services of the tenants; saving to the King knights' fees and advowsons of churches, and rendering ·100 each year at the Exchequer of Dublin; to wit, ·40 for the lands of Kilka, of Kilkea, and Tristledermot, and ·60 for the lands in laBerton and Mon [Cal D I v, p.127].

There remained outside this grant the moiety of the manors of Kilkea and Tristledermot, which was Emmeline de Longespee's share of the Riddlesford inheritance. A life interest in this had been grantes by Emmeline to her sister Christiana, with reverion to the grantor, her husband, Sir Maurice fitzMaurice FitzGerald, [Second son of the second Baron of Offaly], and their heirs. This was followed by a regrant on the part of Christiana of a rent, amounting to ·40 per annum, to Emmeline,payable in 1305 by the heirs of Walter Ivethorn. Sir Maurice had been dead since 1286, and Emmeline was now in a position to dispose of the rent and reversion, as well as as of her hereditary fee in the estate. The King on 20th April1305,ordered an "inquest" to be held by a "jury of twelve good and loyal men, with the Sheriff and Coroners of the County of Kildare", to ascertain if it would be to the King's damage to grant licence to Emmeline to convey her interest to John Wogan. The jury found that "it is not to the damage of the King, or any other person,but to the advantage and defence of the country, to grant the licence"[C.D.I.,v,p.130]. But before this favourable report could reach the King Emmeline executed the conveyance by the two following grants, which are calendared as follows:-

1. "Grant by Emmeline de Longespee, late the wife of Maurice, son of Maurice, son of Gerald, to Sir John Wogan, Knt, of the ·40 yearly rent that Christiana de Mariscis granted to her to be received from the heirs of Walter de Ivethorn during Christiana's life, in the tenements of Kilka and Tristledermot, which are of Emmelina's inheritance, and which revert to her after Christiana's death, quit of said rent. Mem. that Emmelina came into Chancery at Westminster on 25th April (1305),and acknowledged the deed aforesaid. John to pay ·100.

2."Enrolment of grant by said Emmelina to Sir John Wogan, Knt., of all her lands of Kylka and Tristledermot, with the homages, rents, suits and services, of all the free tenants and villeins, and all other tenants, with knights' fees and advowsons of churches, &c. Mem. that Emmelina came into Chancery at Westminster, and acknowledged the deed aforesaid, 27 April, 1305: that John acknowledged he was bound to her in ·400, for said grant." [Cal Close Rolls Ed 1 1302-1307 p331]

The jury above referred to found that the entire de Riddlesford estate was " held of Sir Roger de Mortimer, son and heir of Edmund de Mortimer, Lord of Dunamase, by the service of four knights' fees to wit, a moiety of the wills aforesaid by two knights' fees, and the other moiety by two knights' fees." Roger Mortimer here alluded to, was the first Earl March. He had inherited the chief lordship of these manors through the marriage of his grandfather, Sir Roger de Mortimer, of Wigmore, with Matilda, daughter of Eva Marshal, and great-grand-daughter of Eva MacMurrogh. As Christiana de Mariscis survived until April 1311 [Cal. Pat. Rolls (English), 1307-1313 p.508], Sir John Wogan could not obtain complete possession of Emmelina de Longespee's propoerty before that date. But he was enfeoffed of the entire de Riddlesford estate in Kilkea and Castledermot when, in 1307, he married Ivethorn's daughter. Unfortunately, it is impossible to acquit him completely of complicity in one of the most infamous transactions that dishonoured the English name in Ireland - the assassination of the O'Connors of Offaly by Sir Peter de Bermingham, at a banquet in his castle of Carrick in 1305. De Bermingham undoubtedely executed this murder under contract with the Justiciar and Council of Ireland, who, delivered to him the sum of ·100, on receipt of the heads of the victims. [C.D.J.,v,n.434, p 105].

In 1305 Edmond le Botiller was Keeper of Ireland while Wogan was attending the Parliament at Westminster as Justiciar of Ireland [Memoranda de Parliament (Rols Series) 242,243] In the same year 1305, when attending the Parliament of Westminster, Wogan was charged with the denial of justice to Agnes de Valence, the King's cousin, and widow of Maurice FitzGerald, 3rd Baron of Offaly, who had been dead since 1268. She had been ejected by force of arms from her dower lands by John fitzThomas, then 5th Baron of Offaly, but had been restored by the Justiciar's Court. She then brought an action for damages to her goods and chattels to the amount of ·3000 but failed to get even a hearing from Wogan. The King issued three writs directing the Justiciary to call the parties together; and, if he found it impossible to adjudicate to return the writs and records to the Parliament when it next met. Agnes de Valence pressed her charge, face to face with Wogan, before a Committee at the Parliament then assembled, and he was forced to admit the truth of her allegations; he had not taken any steps inthe matter, neither had he returned the writs. "This he does not deny and cannot deny," says the report of the Committee, "therefore, to judgement on the Justiciar." He was sent back "to do speedy and full justice" to the widow, under penalty of forfeiture of allhis property.[Memoranda de Parliamento, Rolls Series, 242, 243. For fourther particulars see Judiciary Rolls ii]. In this case Wogan was influenced by the favour or fear of the powerful and popular Baron of Offaly. But at the same time it is impossible to suppress the reflection that there were in those days, when the strong hand was uppermost, many widows in Ireland who were not cousins of the King, and perhaps some suitors whose stories of the law's delay never reached the august precincts of the Kin's Parliament at Westminster. Haydn 1307

On the accession of Edward II in 1307, Haydn records "the same" and the previous entry is the one of 1302.

To Sir John Wogan and his son Sir Thomas , who were Viceroys of Ireland from 1295 to 1309, the king entrusted the odious mission of seizing the persons and property of the Knight's Templars in Ireland in 1307. In 1307 Edward II committed to Wogan the task of seizing the Templars and their possessions in Ireland. Philip le Bel, King of France, urged on by his need of money, had taken measures to get hold of their wealth in his territories. At his instigation a similar course was adopted in England by the King. On the 20th of December he issued a mandate enclosing a secret order for the seizure of the persons, property, and documents of all the Templars in Ireland on the Wednesday following the Feast of the Epiphany. This was to be done with the greatest possible dispatch, lest any report might reach the accused of what had been done in England. The sheriffs were to be summoned to meet at a fixed time to learn certain orders of the King which were then to be communicated to them. They, their clerks, and servitors were to be sworn to absolute secrecy. The plan did not succeed, for two years after some of the Templars were still at large. The property of the Order, however, was taken from its members and transferred to the Knights of St John, commonly called the Hospitallers. Mr Gilbert remarks that there is no record of the Templars having been subjected to any of the tortures inflicted on many of their brethen in France. History has since done justice to the Templars, and absolved them from most, if not all, the crimes imputed to them. That their mission was not wholly completed then, we may conclude from the terror prevailing throughout Europe for fully three centuries after, until the power of the Turk for aggression at least was destroyed by Don Juan of Austria at Lepanto and by Sobieski under the walls of Vienna.

In 1307, on the accession of Edward II, the lands and manors of the new king were commited to the custody of Thomas de Kent, as seneschal of the royal estates. De Kent was a vigilant seneschal, and kept a keen eye on Henry de Cruys and men of his type; while in 1309 he prosecuted to conviction and imprisonment various persons charged with "cutting oaks in the King's woods of Okethy and Salmon Leap"[Gilbert's Hist. and Municip. Doc., Ireland, pp 534,540.]

Three years later (in 1307) we find the Justiciar contracting his third marriage. The lady of his choice was Avicia [Cal Pat Rolls English 1313-1317 p222], daughter and co-heiress of Walter Ivethorn, who had died without male issue in 1304. In a memorandum roll of Michaelmas Term of that year he is referred to as "lately decease

NOTE transcribed by Ken Wogan.

Sir Henry Wogan married Margaret the daughter of Sir William Thomas of Ragland, who later assumed the name Herbert and was the ancestor of the Herberts of Ragland Castle, and also of the Herberts of Court Henry in Carmarthenshire. Very little is known of Sir Henry Wogan, except that he was steward of the earldom of Pembroke in 1448 [Sloan Charters in Brit. Mus.]. When Humphrey, duke of Gloucester, in the autumn of 1447. marched a body of men from Wales to Devizes and thence to Greenwich, Sir Henry Wogan as steward was second in command.

NOTE transcribed by Ken Wogan.