Richard 2nd Earl of Clanricarde (Part I)

© Donal G. Burke 2013

On the death of Ulick na gceann Burke 1^st Earl of Clanricarde in 1543 a great war broke out for the control of the lordship. His complicated marital affairs provided confusion with regard to the succession to his lands and title. His son Richard was a minor at his father’s death and only a year earlier had been placed by his father in the hands of the Lord Deputy as a pledge for Ulick’s part in the negotiations regarding the surrender and re-grant of his lands and rights.[i] Being underage, Richard was not as yet in a position to succeed to the earldom, in addition to which there were assertions regarding his legitimacy, which could disqualify him from the succession.

The Earl of Ormond was among a number of Commissioners appointed by the Crown to examine the situation but, in 1544, on their entry into Connacht, the sons of Richard oge Burke among themselves proclaimed their eldest brother Ulick as the chieftain or MacWilliam of Clanricarde, ‘captayne and ruler’ of the territory, according to Gaelic custom.[ii] This former custom of election, together with the MacWilliam of Clanricarde title, had been renounced by Ulick na gceann only two years earlier as part of the agreement whereby he was created earl and granted his extensive lands and rights under English law.

The sons of Richard oge, whose lands lay to the north east of the town of Galway, were still a powerful force within the politics of Clanricarde. Their father, grandfather and great-grandfather all held the office of MacWilliam at one time and it is likely there was still a great deal of residual hatred for the dead Ulick na gceann, 1^st Earl of Clanricarde and his immediate family, given that their eldest brother Ulick and their own family had been discomfited, their castles about Derrymaclaughtny, Lackagh and elsewhere assaulted, their corn destroyed and their lands pillaged to accommodate Ulick na gceann’s rise to power less than a decade earlier.[iii]

The setting up of Ulick son of Richard oge as MacWilliam was not welcomed by all, the Irish sources claiming that ‘a great part of the country and neighbourhood was opposed to him’, a claim in accordance with the Lord Justice’s assertion that the sons of Richard Oge ‘sore spente the countrey and the Kinges subjectes.’[iv] Working together, the sons of Richard oge moved swiftly to assemble their forces in an attempt to take the castles and garrisons of the former Earl of Clanricarde, killing about twenty of Ormond’s men outside the town of Athenry within a few days of their arrival in the territory, while Ormond himself was staying at Loughrea, the principal seat of the lords of Clanricarde. The Irish annalists, however, asserted that the sons of Rickard oge, in a sudden attack, killed more than forty of Ormond’s troops on this occasion in the gateway of Athenry, in addition to ‘a good baron of his people, namely MacOda.’[v]

Despite the presence of Ormond, with the Earl of Thomond and Baron of Ibracken who remained in the territory for about a month, the sons of Richard oge destroyed a number of the castles or fortifications of the territory. To counter them, the Commissioners committed the custody and defence of the castles of the deceased Earl to Thomas Burke, a son of the late Earl, assisted by the Baron of Ibracken and a number of other principal men of the territory. They appointed him Captain and encouraged the leading men of Clanricarde to support him ‘for the better staye and quiet of those parties, tyll furder order may be taken.’[vi] At the departure of Ormond both parties were in open hostility to one another.

At the departure of Ormond from the territory there was still no clarity as to who was legally to succeed to the earldom or whether Ulick na gceann ‘hath any heyre male’, ‘ther were so many mariages and divorces’, but Ormond appeared certain that there was no doubt that he married his last wife ‘solemply.’[vii]

The election of a chieftain or MacWilliam of Clanricarde according to Gaelic custom being ‘contrary to the King’s ordinances and statutes’, the Crown wrote to Ulick son of Richard Oge prior to October 1544, commanding him to come before the Lord Deputy at Limerick to account for his actions. He did so and there submitted, renounced the Gaelic title and ‘on bended knee publicly declared that what he had done he did at the special request of the gentlemen and free tenants for the government of the country until his Majesty’s pleasure should be signified.’[viii]

Ulick appointed Captain in the absence of an heir

In an acknowledgement of the strong position held at that time by the sons of Richard Oge Burke within the territory, upon Ulick’s submission, the Crown decreed in early October 1544 that Ulick should rule the territory of Clanricarde ‘during the minority of the heir or heirs male of the said Earl, if any such shall be proved, with the dues and profits belonging to the said captainship, in as ample manner as the Earl enjoyed the same’, excepting the income from dissolved religious houses and dues from the town of Galway.[ix]

Ulick’s term would be liable to termination if he was found to exact more than his due from the inhabitants of his country, should he fail to come to their defence if their territory was attacked or should he take rents to which he was not entitled. The grant of the captaincy or, as it was also described ‘the office of Governor,’ made provision for the succession to the office of Ulick’s second or next eldest brother, Thomas Burke, in the event of the death in office of Ulick or of Ulick’s forfeiting the office should be transgress the terms of the agreement. In the event of the office being vacant after both Ulick and Thomas, then it would pass successively to the other sons of Richard Oge. Should the investigation into who was the rightful heir of the deceased Earl conclude that the Earl had no rightful male heir, it was determined that Ulick and his brothers should successively possess the captainship until the King’s will be made known.[x]

If a rightful male heir was found, then on that heir’s attaining the age of twenty three years, Ulick would be informed of such and required to immediately surrender the captainship to the heir, who would become the new Earl of Clanricarde. In the meantime Ulick would be required to pay an annual sum of 10l. at Easter and at Michaelmas to the King for the office of captain and would deliver to the Lord Deputy such hostages as was required of him and of Thomas and other gentlemen of the territory to complete the agreement.[xi]

The arrangements made appointing Ulick son of Richard oge as captain of Clanricarde did not make any provision for the late Earl’s son Thomas farranta. As a further sign of the position retained by Ulick at this time he was, about this time, knighted by the Crown and was given in various contemporary sources as either Sir Ulick, its variant form ‘Sir William’ or on one occasion ‘Ulisses Burke, knight.’[xii]

Shane oge Burke of Cloghroak, having been deemed to have ‘well and faithfully executed the office of sheriff’ of Clanricarde since the death of the first Earl, was permitted to continue in that role until he be directed otherwise by the Crown and, as such, would receive the profits due to that office. Acknowledging that Shane oge as sheriff, together with ‘the inhabitants of the said country’ had made complaints that they had been spoiled of their goods since the death of the Earl, it was determined by the Crown that complaints should be heard and arbitrated by a small group of no more than six men at the most. The six comprised of Ulick son of Richard Oge, the Archbishop of Tuam, the Bishop of Clonfert, the Mayor of Galway and the two captains of one hundred horsemen; John Wackley and Giles Ovynden, who were appointed by the Crown to take into charge the hostages that Ulick was to hand over and to assist and defend Ulick in his role of captain. Any three of the men together could determine the outcome of a complaint but Ulick as captain was always to be one of that number. In the event of a complaint being made against Ulick, he would be excluded form the determination of that complaint and three of the other men would determine the outcome.[xiii]

The determination of the succession to the earldom

The Crown eventually decided upon Richard, a minor, as being the legitimate heir of his father Ulick na gCeann but Thomas farranta Burke would appear to have been older, being in a position to act in 1544. It would appear likely, therefore, that Thomas farranta may have been an illegitimate son of the first Earl or no longer on the political scene when the final decision regarding the succession was made.

Thomas farranta was described as ‘Thomas Burke of Clanrycarde, son of William Burke, late Earl of Clanrycarde, horseman’ when issued a pardon by the Crown at the end of November 1545.[xiv] Thomas, however, was killed, along with twenty of his people, in 1545 when, in company with one of the O Kellys, he raided into Síl Anmchadha, the adjoining territory of the O Maddens to the east. On being observed in the territory, the followers of Melaghlin balbh O Madden gave chase. O Kelly and most of his men escaped with difficulty but Burke was killed by a gunshot at the pass of Tirahan and their plunder recovered.[xv]

The coming of age of Richard

Ulick the Captain was loath to relinquish power to the young Richard Burke, whose legitimacy and therefore the legal right to his father’s earldom he questioned and who, by 1548, was about of an age to claim his rights. By mid August of 1548 the Deputy Mayor of Galway and the town’s Council wrote to the Lord Deputy Bellingham, reporting that ‘the Captain of Clanricard Sir William Burke, knight, and McWilliam Burke, (apparently Richard son of the Earl, with whom he was contending or this could be more probably the Mayo Burke chieftain) with the sons of Miler Burke, have wasted the country round about.’ They besought the Deputy to write to the Captain of Clanricard and his rival to cease their fight.[xvi]

Ulick (who the town authorities referred to as Sir William), wrote to the Lord Deputy in August, described himself as ‘McWilliam Burke, Captain of Clanricard’ and professed his loyalty. In doing so he requested Bellingham to send word to the town of Galway by Alexander McDonnell, Captain of the galloglass, to supply him with forces to act against the young Richard Burke.[xvii] The Lord Deputy replied that he could as yet ill afford to spare McDonnell at that time as his counsel and advice was relied on to a large degree by the Lord Deputy and his Council in their wars.

Ulick acted in concert with his brothers in maintaining their position within the territory. Many of the leading men of the territory claimed that they and their people were being oppressed by the brothers. McHugo, MacHubert, (both heads of senior Burke branches), O Heyne and O Shaughnessy in the south west of the territory, together with ‘other freeholders of Clanricard’ wrote to the Lord Deputy and Council from Loughrea on 16^th September 1548. They complained ‘that Richard Oge’s sons, who had been appointed to govern till Richard Burke, son of the late Earl of Clanricard should be of age, had cruelly burned, spoiled and killed their men, women and children’ for the previous four years. Aligning themselves with the earl’s son, they appealed to the Lord Deputy that Commissioners ‘may be sent to settle young Richard Burke in his inheritance.’[xviii]

The young Richard and his supporters attacked Ulick in his own lands. Within a week, on September 22^nd, Ulick, again styling himself ‘Captain of Clanricard’ wrote from ‘Balle Clar’ (i.e., Claregalway, which lay on the border of this branches own lands) to the Lord Deputy Bellingham, complaining of the conduct of Richard Burke ‘the illegitimate son of the late Earl of Clanricard, who has joined Oberyn (O Brien) and other neighbouring enemies and laid siege to his castle, throwing the whole neighbourhood into confusion.’[xix]

Richard actively supported the Lord Deputy at this time in his struggle against the rebellious O Connors and O Moores, whose territories in the Midlands of Ireland were taken by the Crown and subjected to plantation with loyal English or Scottish settlers. By harassing the O Kellys and O Connors west of the Shannon he strove to cut off the aid the Midland rebels would receive from those sources and in 1548, on the entry of the rebel chieftain Cahir roe O Connor of Offaly into Connacht, Richard took him captive and delivered him to Bellingham in Dublin where he was later executed.[xx]

Resolution of the succession dispute

The conflict within Clanricarde continued until 1550. Late in that year, Sir Thomas Cusacke, Lord Chancellor of Ireland, intervened in an attempt to bring order to the territory. He recounted some time later that ‘after his (Ulick the 1st Earl) death, as his son Richard Burke was but young and the country doubted whether he was mulier born or bastard, Sir Ullycke Burke was appointed captain during his nonage. When he came to his full age, he began to be at war with the said captain and between them both the country was all wasted. Being sent with a small company to see them ordered, within one fortnight, having put certain gentlemen to execution for their offences, by terror thereof and by other means and that I left the country. I placed the Earl quietly and made everyone of the country willing to answer and obey him.’[xxi]

The Lord Chancellor’s settlement was enforced with brutal measures. To reinforce the new political situation in the hearts and minds of the leading men of the territory, the new earl claimed that he introduced a form of execution new to the territory, having ‘certain gentlemen to be hanged, drawn and quartered, which was by so much the greater terror to the rest, that the like execution was never seen there before.’[xxii]

The new Earl

Richard, 2^nd Earl of Clanricard, wrote to the Privy Council from Galway on 31^st January 1551, informing them that ‘he could not hitherto since the death of his father bear up his head in Connaught, having to contend with ‘the resistance of his kinsmen and others of the Burkes.’ The whole country of Clanricard, he claimed, had been laid waste to the gates of Galway, but, now that the Lord Chancellor ‘has quieted all our contentions,’ he would be in a position to ‘to serve the King with a band of men.’[xxiii] From his early connection with the English administration, the new Earl would be known as Richard ‘Sassanach’ or ‘the Englishman’ Burke.