Townes able to set out a great fleet of Ships the inland parts have rich and plenteous mines of tinne For there is digged out of them wonderfull store of tinne yielding exceeding much profit and commoditie where are made houshold pewter vessels which are used throughout many parts of Europe in service of the table and for their glittering brightnesse compared with silver plate The Inhabitants doe discover these mines by certaine tinne-stones lying on the face of the ground which they call Shoad being somewhat smooth and round Of these Mines or tinne-workes there be two kinds the one they call Lode-workes the other Stream-workes This lieth in lower grounds when by trenching they follow the veines of tinne and turne aside now and then the streames of water comming in their way that other is in higher places when as upon the hils they dig very deepe pits which they call Shafts and doe undermine In working both waies there is seen wonderfull wit and skill as well in draining of waters aside and reducing them into one streame as in the underbuilding pinning and propping up of their pits to passe over with silence their devices of breaking stamping drying crasing washing melting and fining the mettall than which there cannot be more cunning shewed There are also two sorts of Tinne Blacke tinne which is tinne-ore broken and washed but not yet founded into mettall and white tinne that is molten into mettall and that is either soft tinne which is best merchantable or hard tinne lesse merchantable That the ancient Britans practised these tinne-works to omit Timaeus the Historian in Plinie who reporteth That the Britans fetched tinne out of the Isle Icta in wicker boats covered and stitched about with leather appeareth for certaine out of Diodorus Siculus who flourished under Augustus Caesar. For hee writeth that the Britans who Inhabited this part digged tinne out of stonie ground and at a low water carried the same in carts to certaine Ilands adjoyning From whence Merchants transported it by ships into Gaule and from thence conveied the same upon horses within thirtie daies unto the spring-heads of the river Eridanus or else to the citie Narbone as it were to a Mart. Aethicus also who ever hee was that unworthily beareth title to be interpreted by S. Hierome out of the Sclavonian tongue insinuateth the very same and saith That hee delivered rules and precepts to these Tinne-workers But it seemeth that the English-Saxons neglected it altogether or to have used the workmanship and labour of Arabians or Saracens For the Inhabitants in their language terme the mines forlet and given over Attal Sarisin that is the leavings of the Saracens if they did meane by that name the ancient Panims After the comming in of the Normans the Earles of Cornwal gathered great riches out of these mines and especially Richard brother to King Henrie the Third and no marvell sith that in those daies Europe had tinne from no other place For the incursions of the Mores had stopped up the tinne mines of Spaine and as for the tinne veines in Germanie which are in Misnia and Bohemia they were not as yet knowen and those verily not discovered before the yeere after Christs nativitie 1240. For then as a writer of that age recordeth was tinne mett all found in Germanie by a certain Cornishman driven out of his native soile to the great losse and hindrance of Richard Earle of Cornwal This Richard began to make ordinances for these tin-works and afterward Edmund his sonne granted a Charter and certain liberties and withall prescribed certaine Lawes concerning the same which hee ratified or strengthened under his seale and imposed a tribute or rent upon tin to be answered unto the Earls These liberties priviledges and lawes King Edward the Third did afterwards confirme and augment The whole common-wealth of those Tinners and workmen as it were one bodie hee divided into foure quarters which of the places they call Foy-more Black-more Trewarnaile and Penwith Over them all hee ordained a Warden called L. Warden of the Stanniers of Stannum that is Tinne who giveth judgement as well according to equitie and conscience as Law and appointed to every quarter their Stewards who once every iij. weeks every one in his severall quarter minister justice in causes personall betweene Tinner and Tinner and betweene Tinner and Forrainer except in causes of land life or member From whom there lieth an appeale to the Lord Warden from him to the Duke from the Duke to the King In matters of moment there are by the Warden generall Parliaments or severall assemblies summoned whereunto Iurats are sent out of every Stannarie whose constitutions do bind them As for those that deale with tinne they are of foure sorts the owners of the soile the adventurers the merchants or regraters and the labourers called the Spadiards of their Spade who poore men are pitifully out-eaten by usurious contracts But the Kings of England and Dukes of Cornwall in their times have reserved to themselves a praeemption of tin by the opinion of the learned in the Law as well in regard of the proprietie as being chiefe Lords and Proprietaries as of their royall prerogative Lest the tribute or rent imposed should be embezelled and the Dukes of Cornwall defrauded unto whom by the old custome for every thousand pound waight of tinne there is paid forty shillings it is by a Law provided that all the tin which is cast wrought be brought to one of the foure appointed townes where twice in the yeere it is weighed and signed with a stampe they call it Coinage and the said impost according paid neither is it lawfull for any man before that to sell or send it abroad under forfeiture of their tin And now only tin is here found but therewith also gold and silver yea and Diamonds shaped and pointed anglewise smoothed also by nature it selfe whereof some are as big as walnuts and inferiour to the Orient Diamonds in blacknesse and hardnesse only Moreover there is found Eryngium that is Sea Holly growing most abundantly every where along the shore Furthermore so plentifull is this countrey of graine although not without great toile of the husbandman that it hath not onely sufficient to maintaine it selfe but also affoordeth often times great store of corne into Spaine Besides a most rich revenue and commoditie they have by those little fishes that they call Pilchards which swarming as one would say in mighty great skuls about the shores from Iuly unto November are there taken garbaged salted hanged in the smoake laied up pressed and by infinite numbers carried over into France Spaine and Italie unto which countreys they be very good chaffer and right welcome merchandise and are there named Fumados Whereupon Michael a Cornish Poet and of Rhymers in his time the chiefe in his Satyre against Henrie of Aurenches Archpoet to King Henrie the Third because he had unreverently plaied upon Cornishmen as if
Kingdome The Brehons assisted by certaine Scholars who had learned many rules of the civill and Canon law rather by tradition then by reading gave judgement in all causes and had the eleventh part of the thing adjudged for their fee and the chiefe Lords Marshall did execution These are the principall rules and grounds of the Brehon law which the makers of the Statutes of Kilkenny did not without cause call a lewd custome for it was the cause of much lewdnesse and barbarisme It gave countenance and encouragement to theft rape and murther it made all possessions uncertaine whereby it came to passe that there was no building of houses and townes nor education of children in learning or civility no exercise of trades or handicrafts no improvement or manuring of lands no industry or vertue in use among them but the people were bred in loosenesse and idlenesse which hath beene the true cause of all the mischeifes and miseries in that Kingdome Now forward take with you the observations of the said Good and thus much will I speake before hand for the man that in nothing he shooteth at reproach but aimeth all at truth and speaketh onely of those uncivill and meere Irish that lie shrowded in the utmost coasts and have not as yet suited themselves with civill qualities and conditions And to speake in generall of them all this Nation is strong of bodie and passing nimble stout and haughty in heart for wit quicke martiall prodigall and carelesse of their lives enduring travell cold and hunger given to fleshly lust kind and curteous to strangers constant in love in enmitie implacable light of beliefe greedie of glorie impatient of abuse and injurie and as hee said in old time in all affections most vehement and passionate If they be bad you shall no where meet with worse if they be good you can hardly find better Generally they give unto their children when they come to holy baptisme profane names adding alwaies somewhat to the name taken either from some event or an old wife or else some colour as red white blacke or else from a disease scab and peeldnesse or from one vice or other as theefe proud c. and albeit they be of all men most impatient of reproach yet these noble men of theirs even they that have the letter O prefixed to their names disdaine not those additions The name of the Parent or any of the same kinred then living it is not lawfull to give unto children for they are perswaded that their death is hastened thereby But when the father is dead then the sonne assumeth his name left the name should be lost and if any Ancestour of that name were a redoubted warriour the like prowesse and valour is expected from him This opinion is encreased by their Poets Bardes or Rimers who keepe the exploits of those ancient Progenitours recorded in writing which they peece out with many high praises and fables devised of their owne braine whereby these Rimers or Bards grow rich For new wedded brides and women in childbed thinke themselves discredited if they bestow not upon one of these Praise-praters the best garments they have Mothers after six daies that they be brought a bed companie with their husbands afresh and put forth their young babes to nource They that be of the more noble parentage shall have a number of nources repaire unto them streight waies from far which make suit for the nourcing of the infant and of these foster children they make more account than of their own which they beare And although they are most intemperate by reason of the distemperature of the aire and the moisture both of the ground and of their meates in regard also that all law is exiled and albeit they thinke it is a shame for themselves to give their owne children the breast yet for this their nurcelings sake both man and wife abstaine from carnall company together And if they doe otherwise they entertaine another nource under them at their owne charges And nources there be among them as many well neere as there are young wenches for their servants and to have the suckling of the little child they count a sufficient reward for being naught of their bodies Now if this infant fortune to bee sicke they all to besprinckle it with the stalest urine they can get and for a preservative against all misfortunes they hang about the childrens neckes not onely the beginning of Saint Iohns Gospell but also a crooked naile taken out of an horses shooe or else a piece of a Wolves skin And for that purpose as well nources as infants weare girdles platted of womens haire To their lovers also it is knowne they send bracelets finely wrought of these haires whether their minde is herein of Venus girdle called Cestos I wote not The Foster-fathers take much more paines bestow more goods by farre and shew greater love unto their foster children than they doe to their owne children From them these children not so much by due claime of right receive as by force wrest even with taking stresses and driving away booties apparell maintenance for their pleasures mony wherwith to buy them armour yea and to spend in all kind of their lewdnesse their dowries also and stockes of cattell All those that have been nourced by the same woman love one another more deerely repose greater trust in them than if they were their naturall whole brethren and sisters insomuch as in comparison of these and for their sakes they even hate their naturall brethren and sisters Be they reproved at any time by their own parents they flie to these their foster-fathers and being heartened by them breake out oftentimes even unto open war against their said parents taking instructions from them to all lewd and villanous prankes they become most ungracious and desperate Semblably the nources traine up those maidens which they reare to all obscenity and filthinesse If any of these foster children chance to fall sicke a man would not beleeve how quickly their nources heare of it yea though they dwell many a mile off how pensively they attend and watch by the sicke body night and day To conclude the greatest corruptions of Ireland are thought to spring from these foster-fathers and nources and from nought else That these Irish people are both of an hotter and moisture nature than other nations we may well conjecture And this we gather by their wonderfull soft skin which doubtlesse commeth as well by the nature of the soile as by certaine artificiall bathings and exercise that they use By reason also of the same tendernesse of their muscles they so excell in nimblenesse and flexibility of all parts of the body as it is incredible Given they are to idlenes above all things they reckon it the greatest riches to take no paine and count it the most pleasure to enjoy liberty Delighted they are above measure in musick but especially in the harpe with wire-strings which they
Sampford archbishop of Dublin In the same yeer the King of Hungary forsaking the Christian faith became an Apostata and when hee had called fraudulently as it were to a Parliament the mightier potentates of his land Miramomelius a puissant Saracene came upon them with 20000. souldiers carrying away with him the King with all the Christians there assembled on the even of Saint John Baptists day as the Christians therefore journied the weather that was cleere and faire turned to be cloudie and suddenly a tempest of haile killed many thousands of the Infidels together The Christians returned to their owne homes and the Apostata King alone went with the Saracenes The Hungarians therefore crowning his sonne King continued in the Catholike faith MCCLXXXIX Tripolis a famous citie was laied even with the ground not without much effusion of Christian blood and that by the Soldan of Babylon who commanded the images of the Saints to bee drawne and dragged at horses tailes in contempt of the name of Christ through the citie newly destroyed MCCXC Inclyta Stirps Regis Sponsis datur ordine legis In lawfull guise by hand and ring Espoused is the Kings off-spring The Lord Gilbert Clare tooke to wife the Ladie Joan a daughter of the Lord King Edward in the Abbey or Covent Church of Westminster and the marriage was solemnely celebrated in the Moneth of May and John the Duke of Brabant his sonne married Margaret the said Kings daughter also in the Church aforesaid in the moneth of July The same yeere the Lord William Vescie was made Justice of Ireland entring upon the office on Saint Martins day Item O Molaghelin King of Meth is slaine MCCXCI Gilbert Clare the sonne of Gilbert and of the Ladie Joan of Acres was borne the 11. day of May in the morning betimes Item there was an armie led into Ulster against O-Hanlon and other Princes hindering the peace by Richard Earle of Ulster and William Vescie Justice of Ireland Item the Ladie Eleanor sometime Queene of England and mother of King Edward died in the feast of St. Iohn Baptist who in the religious habite which she desired led a laudable life for the space of foure yeeres eleven moneths and sixe dayes within the Abbey of Ambresby where she was a professed Nun. Item there resounded certaine rumours in the eares of the Lord Pope Martin on the even of St. Mary Maudlen as touching the Citie Acon in the holy land which was the only refuge of the Christians namely that it was besieged by Milkador the Soldan of Babylon an infinite number of his souldiers and that it had been most fiercely assaulted about fortie daies to wit from the eighth day before the Ides of April unto the fifteene Calends of July At length the wall was plucked down by the Saracens that assaulted it and an infinite number of them entred the Citie many Christians being slaine and some for feare drowned in the sea The Patriarch also with his traine perished in the sea The King of Cypres and Otes Grandison with their companies pitifully escaped by a ship Item granted there was unto the Lord Edward King of England by the Lord Pope Martin the tenth part of all the profits of Ecclesiasticall benefices for seven yeeres in Ireland toward the reliefe of the holy land Item the eldest sonne of the Earle of Clare was borne MCCXCII Edward King of England eftsoones entred Scotland and was elected King of Scotland Lord John Balliol of Galwey obtained the whole kingdome of Scotland in right of inheritance and did homage unto the Lord Edward King of England at New-castle upon Tine on S. Stephens day Florentius Earle of Holland Robert Brus Earle of Carrick John Hastings John Comyn Patrick Dunbar John Vescie Nicolas Soules and William Roos who all of them in that kingdome submitted themselves to the judgement of the Lord King Edward Item a fifteene of all secular mens goods in Ireland was granted unto the soveraign Lord King of England the same to be collected at the feast of S. Michael Item Sir Peter Genevile Knight died Item Rice ap Meredyke was brought to York and there at horses tailes drawne c. MCCXCIII A generall and open war there was at sea against the Normans Item no small number of the Normans by fight at sea was slain by the Barons of the Ports of England and other their co-adjutors between Easter and Whitsuntide For which cause there arose war between England and France whereupon Philip King of France directed his letters of credence unto the King of England that he should make personall appearance at his Parliament to answer unto Questions which the same King would propose unto him whose mandate in this behalf being not fulfilled straightwaies the King of France declaring by the counsell of the French the King of England to be outlawed condemned him Item Gilbert Clare Earle of Glocester entred with his wife into Ireland about the feast of S. Luke MCCXCIV William Montefort in the Kings counsell holden at Westminster before the King died sodainly which William was the Dean of S. Pauls in London in whose mouth the Prelates Bishops and Cleargy putting their words which he was to utter and doubting how much the King affected and desired to have of every one of them and willing by him to be certified in whom also the King reposed most trust being returned to the King and making hast before the King to deliver expresly a speech that he had conceived became speechlesse on a sodain and fell downe to the ground and was carried forth by the Kings servants in their armes in piteous manner In regard of which sight that thus happened men strucken with feare gave out these speeches Surely this man hath beene the Agent and Procurator that the Tenths of Ecclesiasticall benefices should bee paied to the King and another author and procurer of a scrutinie made into the fold and flocke of Christ as also of a contribution granted afterward to the King crying against William Item the Citie of Burdeaux with the land of Gascoigne adjoining was occupied or held by the ministers of the King of France conditionally but unjustly and perfidiously detained by the King of France for which cause John Archbishop of Dublin and certaine other Lords of the Nobilitie were sent into Almaine to the King thereof and after they had their dispatch and answer in Tordran the Lord Archbishop being returned into England ended his life upon S. Leodegaries day The bones of which John Sampford were enterred in the Church of Saint Patrick in Dublin the tenth day before the Calends of March. The same yeere there arose debate betweene Lord William Vescy Lord Justice of Ireland for the time being and the Lord John Fitz-Thomas and the said Lord Williliam Vescy crossed the seas into England left Sir William Hay in his stead Justice of Ireland but when both of them were come before the King to fight a combat under an Appeal for treason the foresaid
slaine Item afterwards upon St. Nicolas day the said Brus departed out of Cragfergus unto whom the Earle of Moreff presented himselfe with 500. men unto the parts about Dundalk they came together and to them many fled and some gave unto them their right hands and from thence they passe on to Nobee where they left many of their men about the feast of S. Andrew the Apostle and Brus himselfe burnt Kenlys in Meth and Grenard Abbey and the said Monastery he rifled and spoiled of all the goods in it Also Finnagh and New-castle he burnt and all that countrey and they kept their Christmas at Loghfudy and then burnt it And after this they marched forward by Totmoy unto Rathymegan and Kildare and the parts about Tristeldermot and Athy and Reban not without losse of their men And then came Brus to Skethy neere Arscoll in Leinster where there encountred him in fight the Lord Edmund Botiller Justice of Ireland and Sir John Fitz-Thomas and Thomas Arnald Power and other Noble-men of Leinster and of Mounster insomuch as one of those Lords with his army was sufficient to vanquish the said Edw. and his forces But there arose a discord among them and so being disordered and in confusion they leave the field unto the said Edward according to that which is written Every kingdome divided in it selfe shal be made desolate There also was slaine a noble esquire and faithfull to the King and the Realme Haymund Grace and with him Sir William Prendregest Knight On the Scots part were slaine Sir Fergus Andressan Sir Walter Morrey and many others whose bodies were buried at Athy in the Covent of the Friers Preachers Afterwards the said Brus in his returne toward Meth burnt the castle de Loy and then the said Scots depart away from Kenlis in Meth against whom the Lord Roger Mortimer came with a great armie well neere 15000. but as it is thought not true and faithfull among themselves but now confederate with the Lord Roger who about three of the clock began to flie and turned their backs and principally the Lacies leaving the Lord Roger alone with a few whom it behoved then to flie toward Dublin and to Sir Walter Cusake at the Castle of Trim leaving with the Scots that countrey and the towne of Kenlis Also at the same time the Irish of the South to wit the O-Tothiles and the O-brynnes burnt all the South-country namely Arclo Newcastle Bree and all the villages adjoining And the O-Morghes fired and wasted part of the Leys in Leinster whom for the most part the Lord Edmund Botiller Justice of Ireland slew whose heads to the number of fourescore were brought to the castle of Dublin Item in the same yeere about the feast of the purification of the blessed Virgin Marie certain Lords of Ireland and the Lord Fitz-Thomas the Lord Richard Clare Lord John Pover and the Lord Arnald Pover for to establish peace greater securitie with the King of England came to Sir John Hothom assigned there by the said King of England which said Lords and Nobles sware to hold with the King of England come life come death and to their power to quiet the countrey and make peace and to kill the Scots For the performance whereof by the leave and helpe of God they gave hostages and so returned which forme if other Nobles of the land of Ireland would not keepe they were generally held for the Kings enemies Item there died Sir John Bisset And the Church of the new towne of Leys with the steeple and belfray was by the Scots burnt The Scots won the Castle of Northburgh in Ulster Also Fidelmic O-Conghir King of Connaght slew Rorke the sonne of Cathol O-Conghir More Sir William Maundevile died and the Bishop of Conere fled to the Castle of Crag-fergus and his Bishoprick was liable to an interdiction and Sir Hugh Antonie is killed in Connaght Item in the same yeere on Saint Valentines day the Scots abode neere Geshil and Offaly and the armie of the English about the parts of Kildare and the Scots endured so great famine that many of them were starved to death and for the same cause they tooke their way closely toward Fowier in Meth. The Sunday following so feeble they were what with hunger and what with travaile that most of them died And afterwards the Nobles came unto the Parliament and did nothing there but as they returned spoiled all the countrey and the Lord Walter Lacie came to Dublin for to cleere himselfe of an imputation touching his credit laied upon him and to tender hostages unto the Lord the King as other Nobles had done and the same time Edward Brus peaceably abode in Ulster Item the O-Tothiles and O-Brynnes the Archibaulds and Harolds conspired and banded together the towne of Wicklo and the whole countrey they laied wast And in the first weeke of Lent the Earle of Moreff sailed over into Scotland and Brus held plees in Ulster and caused many to be hanged Also in the midst of Lent Brus held Plees and slew the Logans and took Sir Alan Fitz-Warin and carried him into Scotland Also in the same yeere Fennyngher O-Conghir slew Cale-Rothe and with him of Galloglaghes and others about three hundred The same yeere in Mid-Lent wheat was sold for 18. shillings and at Easter following for 11. shillings MCCCXVI Lord Thomas Mandevile with many others came from Tredagh to Crag-fergus upon Maunday Thursday and joyned battaile with the Scots put them to flight and slew thirtie of the Scots and afterward on Easter even the said Lord Thomas with his men charged upon the Scots and slew many of them about the Calends and there was slain the said Lord Thomas Maundevile in his own country in defence of his right Item in the parts of Connaght many Irish were slaine by Lord Richard Clare and Lord Richard Bermingham Item on Saturday after the Lords Ascension Donnyger O-Brynne a strong thiefe with twelve of his confederates was slain by Sir William Comyn and his followers keepers of the peace whose heads were carried to Dublin Item the Dundalkers made a rode against O-Hanlan and slew of the Irish about two hundred and Robert Verdon a warlike esquire there lost his life Item at Whitsontide the same yeere Richard Bermingham slew of the Irish in Mounster about three hundred or more and afterwards at the feast of the Nativitie of S. John Baptist came Brus to the Castle of Crag-fergus and commanded the keepers to render up the Castle unto him according to the covenant between them made as he said who answered that they ought indeed so to doe and willed him to send thirtie of his men about him and required that he would grant them within life and limbe who did so but after they had received thirtie Scots into the Castle they shut them up and kept them in prison At the same time the Irish of O-mayl went toward the parts of Tullogh fought a battell whereupon of the Irish
so often as there be any civill wars risen among them they sucke out of them their very marrow and heart blood These Nobles or Potentates aforesaid have their Lawyers belonging unto them whom they terme Brehons like as the Gothes named theirs Bellagines who being a sort of most unlearned men upon certaine set daies on the top of some exceeding high hill sit to minister justice unto the neighbour inhabitants betweene such as are at variance and goe to law Before which Judges the Plaintiffes with a pitifull voice make moane and complaine of the wrongs offered unto them the defendants stand firmely upon their deniall If any bee convict evidently of theft they give sentence either to make restitution of the same or recompence by a fine imposed upon them These Potentates also have their Historians about them who write downe their acts and deeds they have their Physitians also and Rimers whom they call Bards yea and their Harpers who have every one of them their severall livelods and lands set out for them and of these there be in each territorie severall professours and those liable to some certaine and severall families that is to say the Brehons bee of one stocke and name the Historians of another and so of the rest who instruct their owne children or kinsmen every one in their owne art and have some of them alwaies to be their successors Now among these great Lords and Nobles there is no hereditarie right of succession observed but whosoever of any principall house is of greater puissance in regard of strength retinewes of followers and boldnesse he by a certaine faction or election of the people in that province usurpeth the Lordship and soveraigntie over the rest quite excluding the sonnes nephewes and next in blood of the party deceased and so with certaine complements of barbarous ceremonies is enthronized in the open aire upon a little hill for that purpose appointed upon a Stone for a chaire of estate At which time also by a certaine law called Tanistry there is sometime nominated and declared a successour who is termed Tanist I wote not whether by a word borrowed from the Danes among whom as among the Northren inhabitants of Britaine Thane was a long time used for a noble man and the Kings especiall officer But whereas I have incidently hapned of better observations concerning this Brehon law and Tanistry diligently collected by Sir Iohn Davis his Majesties Atturney generall in Ireland I hope I may with his good leave impart some of them to publicke knowledge in his owne words The severall countries or territories possessed by the Irishrie were in number 60. and upwards and some being greater and some lesse did in extent and scope of land contain two parts of the Kingdome at least in every one of these countries there was a chiefe Lord or Captaine and under him a Tanist which was his successor apparent both these were elected of the country who commonly made choice of such as were most active and had most swordmen and followers depending upon him The chiefe Lord had certaine lands in Demesne which were called his Loghtii or mensall lands in Demesne where he placed his principall officers namely his Brehon his Marshall his Cupbearer his Physitian his Surgeon his Chronicler his Rimer and others which offices and professions were hereditarie and peculiar to certaine septs and families Hee had also small rents of money and Cowes and customarie duties of Oate-meale Butter and the like out of the lands in the Countrie except the lands of the Church and such of his kinsmen and followers to whom he granted a speciall discharge or freedome Besides he had a generall tallage or cutting high or low at his pleasure upon all the inheritance which hee tooke commonly when he made warre either with his neighbours or against the Crowne of England or made a journey to the State or gave any entertainment so as the whole profits of the countrie were at his disposition when hee listed and so made the inhabitants like the villaines of England upon whom their Lords had power Tallier Haut and Bas as the phrase of our law is whereupon the English call this kind of exaction by the name of cutting This chiefe Lord had his Cosharies upon his tenants that is he and his would lie upon them untill they had eate up all their provisions he would likewise imploy upon them his horsemen his kernes his horse boyes his dogges boyes and the like to be fed and maintained by them which kept the poore people in continuall slaverie and beggerie The Tanist had also a speciall portion of land and certaine Chiefrie proper to the Tanist and within the limits of his portion he had also his cuttings and his Coshiries the rest of the land being distributed among severall septs every sept had a Chiefe or Canfinie as they called him with a Tanist of that sept both which were chosen by the chiefe Lord or Captaine of the countrie and had likewise their severall portions and Chiefries These Captainships or Chiefries were not partable but were entirely enjoyed by such as were elected thereunto All the rest of the lands except the portions of the Cheifes and Tanists descended in course of Gavelkind and were partable among the Males onely in which division the Bastards had their portions as well as the Legitimate For offences and matters criminall none was so hainous or of so high a nature as that it was capitall for treason against the chiefe Lord and murder were fineable the fine they called an Ericke which was assessed by the Lord and his Brehons In case of treason the Lord had all the fine in case of murder the Lord had one moitie and the kindred of the partie slaine the other moitie so as they never forfeited their possessions or their lands for any offence Howbeit their lands were seised by the Lord for their fines untill the same were levied thereupon and then restored Rape was finable in like sort but theft deserved praise and reward if the stealth were brought into the countrie because the Lord had a share and the countrie thereby became the richer But the theft committed in the countrie and carried out if the thiefe were apprehended before his friend made offer of his fine hee was commonly punished with death But the Lord in that case might take an Erick if he would Upon the stealth of any cattell if the owner followed the tract wherein the Irish are incredible cunning insomuch as they will find the same by the bruising of a grasse in the summer time if the party unto whose land the tract is brought cannot make it off to some other land he is to answer the stealth to the owner And this being an Irish law or custome is at this day observed both by the English and Irish the same being ratified by an act of Counsell in the Earle of Sussex his government as fit and necessarie for that