\Yooj)— The Office of Chief Governor of Ireland, 1172-1509. 213 



II. — The Office of Chief Governok. 



The Chief Governor was appointed by the King, usually by privy seal. 

 Henry IV was petitioned to make the appointment under the Great Seal of 

 England, and on 28th February, 1417, he promised that when the term of 

 service of the present Lieutenant should expire he would remedy the 

 grievance, but the promise does not appear to have been fulfilled. The grant 

 of office in the case of a King's Lieutenant was usually accompanied by an 

 indenture setting out the express terms on which the grantee accepted office. 

 The appointment was not always accepted, as in 1374 Sir Eichard Pembridge 

 refused it, and was prosecuted for so doing. It was adjudged that his refusal 

 was strictly legal, " for that residence in Ireland, even in the station assigned 

 to him, was but an honourable exile ; and that no man could by law be forced 

 to abandon his country except in case of abjuration by felony or by Act of 

 Parliament " (Leland, i, p. 325, quoting Coke, Second Institute). 'J'he only 

 occasions when the Chief Governor was not appointed by the King was when 

 a vacancy occurred during the term of office of a Governor or his Deputy by 

 death or departure from the land, or on the death of the Sovereign, for which 

 the Statute FitzEmpress made provision. The Governor's patent of appoint- 

 ment laid down the conditions under which he was to govern the country. 

 Such powers were nearly always limited by the instruction that his authority 

 was to be executed " juxta leges et consuetudines terrae illius " ; and, 

 especially in the case of appointment of a Justiciar, that he was to be guided 

 by the Council, and exercise his authority with their approval and assistance. 

 Sometimes he was ordered to be guided by a special person : thus King John's 

 Justiciar was commanded to take the advice of Hugh de Lacy, Earl of Ulster ; 

 in 1217 Henry de Londres, Archbishop of Dublin, was sent back from 

 London to assist the Justiciar and Council in the government of the country ; 

 while in 1331 William de Burgh, Earl of Ulster, was ordered to assist the 

 Justiciar. Indeed, in these early times the King seems to have placed little 

 confidence in the persons whom he appointed to this important office. 



Tlie functions of the Chief Governor may be divided into (a) military, 

 (b) judicial, and (c) administrative. 



(a) Military. 



One of the most important functions of a Chief Governor was that of 

 commanding the army. As the country was, in one part or another, in a 

 constant state of rebellion, the forces of the Government were in constant 

 requisition, and it was the duty of the Governor to lead such forces against 

 the Irish enemy. No sooner was it beaten in one part of the country than 



