the Liberty of the Subjects of Ireland yet was it made at the Prayer of the Commons upon just and important cause For the Governors of that Realm especially such as were of that Country Birth Poynings Act made at the request of the Commons of Ireland had laid many opprssions upon the Commons And amongst the rest they had imposed Laws upon them not tending to the general good but to serve private turns and to strengthen their particular factions This moved them to refer all Laws that were to be past in Ireland to be considered corrected and allowed first by the State of England which had alwaies been tender and careful of the good of this people and had long since made them a Civil Rich and Happy Nation if their own Lords and Governors there had not sent bad intelligence into England Besides this he took special Order that the Summons of Parliament should go into all the Shires of Ireland and not to the four Shires onely within the English Pale for out of that little Precinct there were no Lords Knights or Burgesses Summoned to the Parliament neither did the Kings Writ run in any other part of the Kingdom and for that cause specially he caused all the Acts of Parliament lately before holden by the Viscount of Gormanston to be repealed and made void On these foundations they have raised many superstructures both of Law and Government enacted in their own Parliaments summoned by the Lord Deputy at the Kings appointment Amongst many inconveniences which have been observed in the Laws of England in relation to the Government of Ireland whereof a reformation was wisht this was a main one That when any of the Irish intended to go into Rebellion Entailing of Lands supported the Rebellions in Ireland they would convey away all their Lands and Lordships to Feoffees in trust whereby they reserved to themselves but a State for term of life which being determined by the sword or by the halter their Lands straight came to their heirs and the Crown of England defrauded of the intent of the Law which laid that grievous punishment upon Traytors to forfeit all their Lands to the Prince to the end that men might the rather be terrified from committing treasons for many which would little esteem of their own lives yet for remorse of their Wives and Children would be with-held from that heinous crime This appeared plainly in the late Earl of Desmond For before his breaking forth into open Rebellion he had conveyed secretly all his Lands to Feoffees of trust in hope to have cut off her Majesty from the Escheat of his Lands which inconvenience though well enough avoided at that time by an Act of Parliament obtained with much difficulty which by cutting off and frustrating all such conveyances as had at any time by the space of twelve years before his Rebellion been made within the compass whereof the fraudulent Feoffment and many the like of others his accomplices and fellow traytors were contained gave all his Lands to the Queen yet were it not an endless trouble supposing such Acts were easily brought to pass that no Traitor or Fellon should be attainted but a Parliament must be called for bringing of his Lands to the Crown which the Law giveth it Although since the time of St. Patrick Anno 430 Christianity was never extinct in Ireland Religion yet the Government being hailed into contrary factions the Nobility lawless the multitude wilful it came to pass that Religion waxed with the temporal common sort cold and feeble untill the Conquest by King Henry the Second did settle it The Honourable state of Marriage they much abused either in contracts unlawful meetings the Levitical and Canonical degrees of prohibition or in divorcements at pleasure or in omitting Sacramental solemnities or in retaining either Concubines or Harlots for Wives yea where the Clergy were faint they could be content to Marry for a year and a day of probation and at the years end to return her home upon any light quarrels if the Gentlewomans friends were weak and unable to avenge the injury Never was there heard of so many dispensations for Marriage as those men show I pray God grant they were all authentick and builded upon sufficient warrant The Disorders of the Church of Ireland about the latter end of Q. Elizabeths Reign and the causes of it About the latter end of Queen Elizabeths Reign the Church of Ireland was infested not onely with gross Symony greedy covetousness fleshly incontinency careless sloath and generally a disordered life in the common Clergy-men But besides all these had their particular enormities for all the Irish Priests which then enjoyed the Church-livings were in a manner meer Lay-men saving that they had taken holy Orders but otherwise they did go and live like Lay-men follow all kind of Husbandry and other worldly affairs as other Irish men did They neither read Scriptures nor preach to the People nor administer Communion but Baptism they did for they Christened then after the Popish fashion onely they took the Tithes and Offerings and gathered what fruit else they might of their Livings the which they converted as badly and some of them they said paid as due Tributes and Shares of their Livings to their Bishops I mean those which were Irish as they received them duly Which shameful abuses the English Governours could not redress because they knew not the parties so offending for the Irish Bishops had their Clergy in such aw and subjection under them that they durst not complain of them so as they might do to them what they pleased for they knowing their own unworthiness and incapacity and that they were still removeable at their Bishops will yielded to what pleased him and he took what he listed yea and some of them whose Diocesses were in remote parts somewhat out of the Worlds eye did not at all bestow the Benefices which were in their own donation upon any but kept them in their own hands and did set their own Servants and horse-boys to take up the Tithes and Fruits of them with the which some of them purchased great Lands and built fair Castles upon the same Of which abuse if any question were moved they had a very seemly colour and excuse that they had no worthy Ministers to bestow them upon but kept them so unbestowed for any such sufficient person as should be offered unto them To meet with this mischief there was a Statute enacted in Ireland which seems to have been grounded upon a good meaning That whatsoever English-man of good conversation and sufficiency should be brought to any of the Bishops and nominated unto any Living within their Diocess that were presently void that he should without any contradiction be admitted thereunto before any Irish which good Law though it had been well observed and that none of the Bishops had transgressed the same yet it wrought no Reformation thereof for many defects First there
great loss whether it turned to the benefit of the Queen or no is not known But to the Treasurers and Paymasters without doubt it brought in good gain whose avarice which is a diligent searcher of hidden gains may seem to have devised it The Money now generally used in Ireland there being little of English because prohibited to be transported thither beyond the summe of five pounds as I take it for the better encouragement of Trade between both Kingdoms is most of all Spanish Coyn to wit pieces of Eight at 4 s. 6 d. the piece consisting of Plate pieces Mexico and old Peru with half and quarter pieces The new Perues whereof there was a good quantity being not long since called in and by reason they were thought to be abused and falsified converted into Plate to the great benefit of some in Dublin and the no small loss at that time of a great many people in Ireland A piece of old English Gold is hardly to be seen in Ireland except what is closely kept in private hands though there was a great proportion thereof before the late Wars which commonly passed from hand to hand in ordinary Payments There is a small quantity of Brass Coyn that is used there for the conveniency of change I have already hinted Buildings how that the Irish by reason of their Barbarous Laws and Customs did never build any Houses of Brick or Stone some few poor Religious Houses excepted before the Reign of King Henry the Second which seems as manifest as strange by the entertainment of the said King received at their chief City of Dublin Anno 1172. who was unavoidably necessitated for meer accommodation finding there no fit place for his reception to set up a long house made of smoothed Wattles after the manner of the Country wherein he pompously entertained the greâ—t Irish Lords and Princes at Christmas All their Forts Castles Stately Buildings and other Edifices were afterwards Erected by the English except as I said some of the Maritine Towns which were built by the Ostmanni or Easterlings who antiently came and Inhabited Ireland The Buildings of Ireland much improved by the last forty years Peace During the last forty years peace in Ireland there were many lovely Houses built through most part of that Kingdom by the English Nobility and Gentry with delicate improvements in Orchards Gardens and Inclosures correspondent thereunto There was also at the same time by way of imitation the like good indeavours of making handsome Improvements and Buildings by the better sort of Irish both in Towns and Country But the fair Dwellings of the English were so badly handled by the Irish in the heat of the War that scarce any part of them except the main Walls escaped from fireing upon which being generally made of Massy Stone the English have rebuilt and are building besides a great number upon new foundations many fair Structures But that which has been hitherto The Nasty Irish Cabbins a great blemish to Ireland and I doubt will ever hereafter be a blemish to the flourishing state of Ireland in point of Building is the great number of Nasty-Smoaky-Cabbins every where made up of Wattles without any Chimnies wherein the poorer sort of Irish do well which cannot be altogether ascribed to their meer poverty and antient custom but rather much more to the uncertainty of the tenure whereby they hold the same being Tenants only but from May to May that so they may more easily quit their Station and try their fortunes else where for an other year though many times to as little effect in case they find themselves over-much opprest by their Landlords Their Parish Churches were generally as meanly built in Ireland as their practice was in Religion but now that the Country comes to be inhabited by a more civil and better Principled people it may be justly hoped and likewise expected that there will be by degrees a Reformation in this particular as well as in other matters of less moment since the handsome building and adorning of Churches do conduce much to draw the rude people to the the reverencing and frequenting thereof CHAP. II. Of the Inhabitants their Laws Religion and Manners Of their Number Language Stature Dyet Attire Recreations Names and Sir-names I have already declared how it is most probable that the first Inhabitants of this Island came hither out of Britain Inhabitants and Laws now called England and Wales And therefore shall proceed to give some farther Account touching the Laws of this Realm both Ancient and Modern The Brehon Law by which the Irish governed themselves was a Rule of Right unwritten but delivered by Tradition from one to another in which often times there appeared great shew of Equity in determining the Right between party and party but in many things repugning quite both to Gods Law and Mans The partiality and impiety of the Brehon Irish Law As for example in the case of Murder the Brehon that is their Judge would compound between the Murderer and the Friends of the party Murdered which Prosecuted the Action that the Malefactor should give unto them or to the Child or Wife of him that is slain a recompence which they called an Eriach By which vile Law of theirs many Murders amongst them were made up and smothered And this Judge being as he was called the Lords Brehon adjudged for the most part a better share unto this Lord that is the Lord of the Soil or the head of that Sept and also unto himself for his judgment a greater portion then unto the Plaintiffs or parties grieved Sir Edward Poynings the best Reformer of the Laws of Ireland He that gave the fairest beginning to the Reformation of the Laws of Ireland of any till his time was Sir Edward Poynings Lord Deputy of Ireland in the Reign of King Henry the Seventh who finding in that Realm nothing but a common misery took the best course he possibly could to establish there a well governed Common-wealth and to that end he held a Parliament no less famous than that of Kilkenny and more available for the Reformation of the whole Kingdom For whereas all wise men did ever concur in opinion that the readiest way to Reform Ireland was to settle a form of Civil Government there conformable to that of England To bring this to pass Sir Edward Poynings did pass an Act whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but provided also for the time to come For he caused an other Law to be made that no Act should be propounded in any Parliament of Ireland but such as should be first Transmitted into England and approved by the King and Council there as good and expedient for that Land and so returned back again under the Great Seal of England This Act though it seem Prima facie to restrain
gallant and truly meritorious The Irish unanimously agreed to root the English out of Ireland It is not to be denyed but that the first and most bloudy executions were made in the Prevince of Vlster and there they continued longest to execute their rage and cruelty yet must it be acknowledged that all the other three Provinces did concur with them as it were with one common consent to destroy and pluck up by the roots all the British planted throughout the Kingdom And for this purpose they went on not only murdering stripping and driving out all of them Men Women and Children but they laid wast their Habitations burnt their evidences defaced in many places all the Monuments of Civility and Devotion the Courts and places of the English Government Nay as some of themselves exprest it they resolved not to leave them either Name or Posterity in Ireland Having thus far briefly rendered an account touching matter of fact That the Irish can pretend no grievances as motives to the last Rebellion An. 164â— transacted in this most bloudy Rebellion I shall in the next place take an occasion to enquire whether this desperate resolution of the Irish proceeded from the sense of some grievous oppressions imposed upon by their English Governours or rather meerly from an impetuous desire they had to draw the whole Government of the Kingdom of Ireland into their own hands Upon due consideration whereof I cannot find they had the least cause to complain of oppression for his late Majesties Indulgence was so great towards his Subjects of Ireland as that in the year 1640. upon their complaints and a general Remonstrance sent over unto him from both Houses of Parliament then sitting at Dublin by a Committee of four Temporal Lords of the Upper House and twelve Members of the House of Commons with instructions to represent the heavy pressures they had for some time suffered under the Government of the Earl of Strafford He took these Grievances into his Royal Consideration descended so far to their satisfaction as that he heard them himself and made present Provisions for their redress And upon the decease of Mr. Wandsford Master of the Rolls in Ireland and then Lord Deputy there under the said Earl of Strafford who still continued Lord Lieutenant of that Kingdom though then accused of High Treason and imprisoned in the Tower of London by the Parliament of England His Majesty sent a Commission of Government to the Lord Dillon of Kilkenny West and Sir William Parsons Knight and Baronet Master of the Wards in Ireland yet soon after finding the choice of the Lord Dillon to be much disgusted by the Committee he did at their Motion cause the said Commission to be Cancell'd and with their consent and approbation placed the Government upon Sir William Parsons and Sir John Borlace Knight Master of the Ordinance both esteemed persons of great Integrity and the Master of Wards by reason of his very long continued imployment in the State his particular knowledge of the Kingdom much valued and well beloved amongst the People They took the Sword upon the ninth of February 1640. And in the first place they aplyed themselves with all gentle lenitives to mollifie the sharp humours raised by the rigid passages in the former Government They declared themselves against all such proceedings lately used as they found any ways varying from the Common Law They gave all due encouragement to the Parliament then sitting to endeavour the reasonable ease and contentment of the people freely ascenting to all such Acts as really tended to a Legal Reformation They betook themselves wholly to the advice of the Councel and caused all matters as well of the Crown as Popular Interest to be handled in his Majesties Courts of Justice no way admitting the late exorbitancies so bitterly decryed in Parliament of Paper-Petitions or Bills in Civil Causes to be brought before them at the Councel-board or before any other by their Authority They by his Majesties gracious directions gave way to the Parliament to abate the Subsidies there given in the Earl of Straffords time and then in Collection from forty thousand pounds each Subsidy to twelve thousand pounds a piece so low did they think fit to reduce them And they were farther content because they saw his Majesty most absolutely resolved to give the Irish Agents full satisfaction to draw up two Acts to be passed in the Parliament most impetuously desired by the Natives The one was the Act of Limitations which unquestionably settled all Estates of Land in the Kingdom quietly enjoyed without claim or interruption for the space of sixty years immediately preceding The other was for the relinquishment of the right and title which his Majesty had to the four Counties in Connaght legally found for him by several Inquisitions taken in them and ready to be disposed upon a due Survey to British undertakers as also to some Territories of good extant in Mounster and the County of Clare upon the same title Thus was the present Government most sweetly tempered and carryed on with great lenity and moderation the Lords Justices and Councel wholly departing from the rigour of former courses did gently unbend themselves into a happy and just compliance with the seasonable desires of the people And his Majesty that he might farther testify his own settled resolution for the continuation thereof with the same tender hand over them having first given full satisfaction in all things to the said Committee of Parliament still attending their dispatch did about the latter end of May 1641. declare Kobert Earl of Leicester Lord Lieutenant General of the Kingdom of Ireland He was Heir to Sir Philip Sidney his Unckle as well as to Sir Henry Sidney his Grandfather who with great Honour and much Integrity long continued Chief Governour of Ireland during the Reign of Queen Elizabeth and being a person of excellent Abilities by Nature great Acquisitions from his own private Industry and publick Imployment abroad of exceeding great Temper and Moderation was never engaged in any publick pressures of the Common-wealth and therefore most likely to prove a just and gentle Governour most pleasing and acceptable to the people The Romish Catholicks privately enjoyed the exercise of their Religion through all Ireland Moreover the Romish Catholicks privately enjoyed the free exercise of their Religion throughout the whole Kingdom according to the Doctrine of the Church of Rome They had by the over great indulgence of the late Governours their Titular Arch-bishops Bishops Vicars general Provincial Consistories Deans Abbots Priors Nuns who all lived freely though somewhat covertly among them and without controul exercised a voluntary jurisdiction over them they had their Priests Jesuits and Fryars who were of late years exceedingly multiplyed and in great numbers returned out of Spain Italy and other forreign parts where the Children of the Natives of Ireland that way devoted were sent usually to receive their Education And these without