had no colour or shadow of Title to that great Lordship but only by grant from the Crown and by the Law of England for by the Irish Law he had been ranked with the meanest of his Sept yet in one of his Capitulations with the State he required that no Sheriff might have Jurisdiction within Tyrone and consequently that the Laws of England might not be executed there Which request was never before made by O Neale or any other Lord of the Irishry when they submitted themselves but contrariwise they were humble sutors to have the benefit and protection of the English Laws THis then I note as a great defect in the civil policy of this Kingdom in that for the space of three hundred and fifty years at least after the Conquest first attempted the English laws were not communicated to the Irish nor the benefit and protection thereof allowed unto them though they earnestly desired and sought the same For as long as they were out of the protection of the Law so as every English-man might oppress spoil and kill them without controulment how was it possible they should be other than Out-laws and Enemies to the Crown of England If the King would not admit them to the condition of Subjects how could they learn to acknowledge and obey him as their Soveraign When they might not converse or Commerce with any Civil Men nor enter into any Town or City without peril of their Lives whither should they flye but into the Woods and Mountains and there live in a wilde and barbarous manner If the English Magistrates would not rule them by the Law which doth punish Treason and Murder and Theft with death but leave them to be ruled by their own Lords and Laws why should they not embrace their own Brehon Law which punisheth no offence but with a Fine or Ericke If the Irish be not permitted to purchase Estates of Free-holds or Inheritance which might descend to their Children according to the course of our Common Law must they not continue their custom of Tanistrie which makes all their possessions uncertain and brings Confusion Barbarism and Incivility In a word if the English would neither in peace Govern them by the Law nor could in war root them out by the sword must they not needs be pricks in their eyes and thorns in their sides till the worlds end and so the Conquest never be brought to perfection BUT on the other side If from the beginning the Laws of England had been established and the Brehon or Irish Law utterly abolished as well in the Irish Countries as the English Colonies If there had been no difference made between the Nations in point of Justice and protection but all had been governed by one Equal Just and Honourable Law as Dido speaketh in Virgil Tros Tyriusvè mihi nullo discrimine habetur If upon the first submission made by the Irish Lords to King Henry the second Quem in Regem Dominum receperunt saith Matth. Paris or upon the second submission made to King John when Plusquam viginti Reguli maximo timore perterriti homagium ei fidelitatem fecerunt as the same Author writeth or upon the third general submission made to King Richard the second when they did not only do Homage and fealty but bound themselves by Indentures and Oaths as is before expressed to become and continue loyal subjects to the Crown of England If any of these three Kings who came each of them twice in person into this Kingdom had upon these submissions of the Irishry received them all both Lords and Tenants into their immediate protection divided their several Countries into Counties made Sheriffs Coroners and Wardens of the peace therein sent Justices Itinerants half yearly into every part of the Kingdom as well to punish Malefactors as to hear and determine causes between party and party according to the course of the Laws of England taken surrenders of their Lands and Territories and granted Estates unto them to hold by English Tenures granted them Markers Fairs and other Franchises and erected Corporate Towns among them all which hath been performed since his Majesty came to the Crown assuredly the Irish Countries had long since been reformed and reduced to Peace Plenty and Civility which are the effects of Laws and good Government they had builded Houses planted Orchards and Gardens erected Town-ships and made provision for their posterities there had been a perfect Union betwixt the Nations and consequently a perfect Conquest of Ireland For the Conquest is never perfect till the war be at an end and the war is not at an end till their be peace and unity and there can never be Unity and Concord in any one Kingdom but where there is but one King one Allegiance and one Law TRue it is that King John made twelve shires in Leinster and Mounster namely Dublin Kildare Meth Vriel Catherlogh Kilkenny Wexford Waterford Corke Limerick Kerrie and Tipperary Yet these Counties did stretch no farther than the Lands of the English Colonies did extend In them only were the English Laws published and put in Execution and in them only did the Itinerant Judges make their circuits and visitations of Justice and not in the Countries possessed by the Irishry which contained two third parts of the Kingdom at least And therefore King Edward the first before the Court of Parliament was established in Ireland did transmit the Statutes of England in this form Dominus Rex mandavit Breve suum in haec verba Edwardus Dei gratia Rex Angliae Dominus Hiberniae c. Cancellario suo Hiberniae Salutem Quaedam statuta per nos de assensu Praelatorum Comitum Baronum Communitat regni nostri nuper apud Lincolne quaedam alia statuta postmodum apud Eborum facta quae in dicta terra nostra Hiberniae ad Communem utilitatem populi nostri ejusdem terrae observari volumus vobis mittimus sub sigillo nostro mandantes quod statuta illa in dicta Cancellaria nostra Custodiri ac in rotulis ejusdem Cancellariae irrotulari ad singulas placeas nostras in terra nostra Hiberniae singulos Commitatus ejusdem terrae mitti faciatis ministris nostris placearum illarum Vicecomitibus dictorum Comitatum mandantes quod statuta illa coram ipsis publicari ea in omnibus singulis Articulis suis observari firmiter faciatis Testè meipso apud Nottingham c. By which Writ and by all the Pipe-Rolls of that time it is manifest that the Laws of England were published and put in execution only in the Counties which were then made and limited and not in the Irish Countries which were neglected and left wilde and have but of late years been divided in one and twenty Counties more Again true it is that by the Statute of Kilkenny enacted in this Kingdom in the fortieth year of King Edward the Third the Brehon Law was
Lord of Desmond and Kerry within that County All these appear upon Record and were all as ancient as the time of King John onely the liberty of Tipperary which is the onely Liberty that remaineth at this day was granted to James Butler the first Earl of Ormond in the third year of King Edward the third These absolute Palatines made Barons and Knights did exercise high Justice in all points within their Territories erected Courts for Criminal and Civil Causes and for their own Revenues in the same form as the Kings Courts were established at Dublin made their own Judges Seneshals Sheriffs Coroners and Escheators so as the Kings Writ did not run in these Counties which took up more than two parts of the English Colonies but onely in the Church Lands lying within the same which were called the Cross wherein the King made a Sheriff And so in each of these Counties Palatines there were two Sheriffs One of the Liberty and another of the Cross As in Meath we find a Sheriff of the Liberty and a Sheriff of the Cross And so in Vlster and so in Wexford And so at this day the Earl of Ormond maketh a Sheriff of the Liberty and the King a Sheriff of the Cross of Tipperary Hereby it is manifest how much the Kings Jurisdiction was restrained and the power of these Lords enlarged by these High Priviledges And it doth further appear by one Article among others preferred to King Edward the third touching the Reformation of the state of Ireland which we find in the Tower in these words Item les Francheses grantes in Ireland que sont Roialles telles come Duresme Cestre vous oustont cybien de les profits Come de graunde partie de Obeisance des persons enfrancheses en quescum frenchese est Chancellerie Chequer conusans de pleas cybien de la Coronne Come autres communes grantont auxi Charters de pardon sont sovent per ley et reasonable cause seisses en vostre main a grand profit de vous leigerment restitues per maundement hors de Englettere a damage c. Unto which Article the King made answer Le Roy voet que les franchese que sont et serront per juste cause prises en sa main ne soent my restitues auant que le Roy soit certifie de la cause de la prise de acelles 26 Ed. 3. claus m. 1. Again these great Undertakers were not tied to any form of Plantation but all was left to their discretion and pleasure And although they builded Castles and made Free-holders yet were there no Tenures or Services reserved to the Crown but the Lords drew all the respect and dependancy of the common people unto Themselves Now let us see what inconveniences did arise by these large and ample Grants of Lands and Liberties to the first Adventurers in the Conquest ASsuredly by these Grants of whole Provinces and petty Kingdoms those few English Lords pretended to be Proprietors of all the Land so as there was no possibility left of settling the Natives in their Possessions and by consequence the conquest became impossible without the utter extirpation of all the Irish which these English Lords were not able to do nor perhaps willing if they had been able Notwithstanding because they did still hope to become Lords of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants and because they did fear that if the Irish were received into the Kings protection and made Liege-men and Free-Subjects the State of England would establish them in their Possessions by Grants from the Crown reduce their Countreys into Counties ennoble some of them and enfranchise all and make them amesueable to the Law which would have abridged and cut off a great part of that greatness which they had promised unto themselves they perswaded the King of England that it was unfit to communicate the Laws of England unto them that it was the best policy to hold them as Aliens and Enemies and to prosecute them with a continual War Hereby they obtained another Royal Prerogative and Power which was to make War and Peace at their pleasure in every part of the Kingdom Which gave them an absolute command over the bodies lands and goods of the English Subjects here And besides the Irish inhabiting the lands fully conquered and reduced being in condition of Slaves and Villains did render a greater Profit and Revenue than if they had been made the Kings Free-Subjects And for these two causes last expressed they were not willing to root out all the Irishry We may not therefore marvel that when King Edward the third upon the Petition of the Irish as is before remembred was desirous to be certified De voluntate magnatum suorum in proximo Parliamento in Hibernia tenend si sine alieno praejudicio concedere possit quod per statut inde fact Hibernici utantur legibus Anglicanis sive Chartis Regiis inde Impetrandis that there was never any Statute made to that effect For the troth is that those great English Lords did to the uttermost of their power cross and withstand the enfranchisement of the Irish for the causes before expressed Wherein I must still clear and acquit the Crown and State of England of negligence or ill policy and lay the fault upon the Pride Covetousness and ill counsel of the English planted here which in all former ages have been the chief impediments of the final conquest of Ireland AGain those large scopes of Land and great Liberties with the absolute power to make War and Peace did raise the English Lords to that height of Pride and Ambition as that they could not endure one another but grew to a mortal War and Dissention among themselves as appeareth by all the Records and Stories of this Kingdom First in the year 1204. the Lacies of Meath made War upon Sir John Courcy who having taken him by treachery sent him prisoner into England In the year 1210. King John coming over in person expelled the Lacies out of the Kingdom for their Tyrannie and oppression of the English howbeit upon payment of great Fines they were afterward restored In the year 1228. that family being risen to a greater heighth for Hugh de Lacy the younger was created Earl of Vlster after the death of Courcy without issue there arose dissention and War between that house and William Marshal Lord of Leinster whereby all Meath was destroyed and laid waste In the year 1264. Sir Walter Bourke having married the Daughter and Heir of Lacy whereby he was Earl of Vlster in right of his Wife had mortal debate with Maurice Fitz-Morice the Geraldine for certain Lands in Conaght So as all Ireland was full of Wars between the Bourkes and the Geraldines say our Annals Wherein Maurice Fitz-Morice grew so insolent as that upon a meeting at Thistledermot he took the Lord Justice himself
work in the third year of his raign made the Lord Thomas of Lancaster his second son Lieutenant of Ireland Who came over in person and accepted again the submissions of divers Irish Lords and Captains as is before remembred and held also a Parliament wherein he gave new life to the Statutes of Kilkenny and made other good Laws tending to the Reformation of the Kingdom But the troubles raised against the King his Father in England drew him home again so soon as that seed of reformation took no root at all neither had his service in that kind any good effect or success After this the State of England had no leisure to think of a general reformation in this Realm till the civil dissentions of England were appeased and the peace of that Kingdom setled by King Henry the seventh For albeit in the time of King Henry 6. Richard Duke of York a Prince of the blood of great wisdom and valour and heir to a third part of Kingdom at least being Earl of Vlster and Lord of Conaght and Meath was sent the Kings Lieutenanr into Ireland to recover and reform that Realm where he was resident in person for the greatest part of ten years yet the troth is he aimed at another mark which was the Crown of England And therefore he thought it no pollicy to distast either the English or Irish by a course of Reformation but sought by all means to please them and by popular courses to steal away their hearts to the end he might strengthen his party when he should set on foot his Title as is before declared Which pollicy of his took such effect as that he drew over with him into England the Flower of all the English Colonies especially of Vlster and Meath whereof many Noblemen and Gentlemen were slain with him at Wakefield as is likewise before remembred And after his death when the wars between the Houses were in their heat almost all the good English blood which was left in Ireland was spent in those civil dissentions so as the Irish became victorious over all without blood or sweat Only that little Canton of Land called the English Pale containing four small Shires did maintain a bordering was with the Irish and retain the forme of English Government But 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 yet upon the Marches and Borders which at that time were grown so large as they took up half Dublin half Meath and a third part of Kildare and Lowth there was no law in use but the March-Law which in the Statutes of Kilkenny is said to be no law but a leud Custom So as upon the end of these civil wars in England the English Law and Government was well nigh banisht out of Ireland so as no foot-step or print was left of any former Reformation THen did King Henry 7. send over Sir Edward Poynings to be his Deputy a right worthy servitor both in war and peace The principal end of his employment was to expel Perkin Warbecke out of this Kingdom but that service being performed that worthy Deputy finding nothing but a common misery took the best course he possibly could to establish a Common-wealth in Ireland 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 is 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 another 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 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 specially such as were of that Country Birth had laid many oppressions upon the Commons and amongst the rest they had imposed Laws upon them nor 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 passed in Ireland to be considered corrected and allowed first by the State of England which had alwayes been tender and carefull 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 and for that cause specially he caused all the Acts of a Parliament lately before holden by the Viscount of Gormanston to be repealed and made void Moreover that the Parliaments of Ireland might want no decent or honorable form that was used in England he caused a particular Act to pass that the Lords of Ireland should appear in the like Parliament Robes as the English Lords are wont to wear in the Parliaments of England Having thus established all the Statutes of England in Ireland and set in order the great Council of that Realm he did not omit to pass other Laws as well for the encrease of the Kings Revenue as the preservation of the publick peace To advance the profits of the Crown First he obtained a Subsidy of 26 shillings eight pence out of every six score acres manured payable yearly for five years Next he resumed all the Crownland which had been aliened for the most part by Richard Duke of York and lastly he procured a Subsidy of Pondage out of all Merchandizes imported and exported to be granted to the Crown in perpetuity To preserve the publick peace he revived the Statutes of Kilkenny He made wilful Murther High-treason he caused the Marchers to book their men for whom they should answer and restrained the making War or Peace without special Commission from the State These Laws and others as important as these for the making of a Common-wealth in Ireland were made in the Government of Sir Edward Poynings But these Laws did not spread their Vertue beyond the English Pale though they were made generally for the whole Kingdom For the Provinces without the Pale which during the War of York and Lancaster had wholly cast off the the English Government were not apt to receive this
Egypt in Pharaohs Dream devouring the fat of England and yet remaining as lean as it was before it will hereafter be as fruitfull as the land of Canaan the description whereof in the 8. of Deutronomy doth in every part agree with Ireland being Terra Rivorum aquarumque fontium in cujus Campis Montibus erumpunt fluviorum abyssi Terra frumenti hordei Terra lactis mellis ubi absque ulla penuria comedes panem tuum rerum abundantia perfrueris And thus I have discovered and expressed the defects and Errors as well in the managing of the Martial Affairs as of the civil which in former Ages gave impediment to the reducing of all Ireland to the Obedience and Subjection of the Crown of England I have likewise observed what courses have been taken to reform the Defects and Errors in Government and to reduce the People of this Land to obedience since the beginning of the raign of King Edward 3. till the latter end of the raign of Queen Elizabeth And lastly I have declared and set forth How all the said errors have been corrected and the defects supplyed under the prosperous Government of His Majesty So as I may positively conclude in the same words which I have used in the Title of this Discourse That untill the beginning of His Majesties Raign Ireland was never entirely subdued and brought under the Obedience of the Crown of England But since the Crown of of this Kingdom with the undoubted right and Title thereof descended upon His Majesty The whole Island from Sea to Sea hath been brought into his Highness peaceable possession and all the Inhabitants in every corner thereof have been absolutely reduced under his immediate subjection In which condition of Subjects they will gladly continue without defection or adhaering to any other Lord or King as long as they may be Protected and justly Governed without Oppression on the one side or impunity on the other For there is no Nation of people under the Sun that doth love equal and indifferent Justice better than the Irish or will rest better satisfied with the execution thereof although it be against themselves so as they may have the protection and benefit of the Law when upon just cause they do desire it FINIS Two main impediments of the conquest The faint prosecution of the war What is a perfect Conquest How the war hath been prosecuted since the 17 year of Henry the second In the time of Henry the second Giraldus Cambrensis The first attempt but an adventure of private Gentlemen With what forces the King himself come over Archiu Remem Regis apud West What manner of Conquest K. Henry the second made of Ireland Bodin de Repub. The true marks of Soveraignty Hoveden in Henrico secundo fol. 312. 6 Johannis Claus membrana 18.17 Johannis Chart. m. 3. 6. Hen. 3. chart m. 2. Archiu in Castro Dublin â—2 Hen. 3. Coâ—poâ—â—â— Will de la Zouch 36. Hâ—n 3. â—omâ—â—tus Huberti de Rouly How the warâ— was prosecuted in the time of King John Giraldus Cambrensis Giraldus Cambrensis Geraldus Cambrensis Matth. Pacis in Richardo primo â—â— 15 19. Matth. Paris This Charter yet remaineth perfect with an entire Seal in the treasury at Westminster Archiu in Castro Dublin Archiu Turr. 52â— Hen. 3 patent m. 9. How the martial affairs were carried from the 12 year of King John to the 36. year of King Edward the Third Archiu in Castro Dublin Stat. 10. H. 7. c. 4. rot Parliam in Castro Dublin Annales Hiberniae in Camden Baron Finglas Manus Stat. 10. H 7. cap. 4. Rot. Parli in Castro Dublin Stat. 11. H. 4. c. 6. Baron Finglas M. S. The Army transmitted with Lionel Duke of Clarence the 36 of Edw. 3. Archiu Remem Regis apud Westm The manner of levying Souldiers informer ages What service Lionel Duke of Clarence performed Archiu Tur. 36. Edw. 3 Claus m. 21. in dorso m. 30. â—â—r Will. Winsor Lieutenant 47 Ed. 3. his forces service 47 Ed 3. Claus m. 1. Stow in Rich 2. The state of the revenue of Ireland in the time of Edw. 3. Walsingham in Rich. 2. Archiu Turr. 11 H. 3. patent m. 3. 21 Ed. 3. m. 41. 47 Ed. 3. claus pers 2. m. 24. 26. Archiu in Castro Dublin Hollingshead in R. 2. Archiu in Castro Dublin 5 Edw 3. How the war proceeded in the time of King Richard the second 3 Rich. 2. Archiu Tur Rot. Parl. 42. Pat. 2. pars 9. Rich. 2. m. 24. Walsingham in Rich. 2. Annales Tho. Otterbourne Manuscript Stow in Rich. 2â— Archiu in officio Rememorat regis apud Westmon Hollingshead in Richard the 2. Henry 4. The Lord Thomas of Lancaster his service Archiu Rememorat regis apud Westm Henry 5. The Lord Furnival his service Alb. libr. Scacc. Dublin Henry 6. Richard Duke of York his service Archiu in Castro Dublin Hollingshead in Henry the sixth Rot. Parl. in Castro Dublin Archiu Tur. 17. Hen. 6. Clausam 20. Manuscript of Baron Finglas Hollingshead in Hen. 6. Edw. 4. How the War was maintained in the time of King Edw. 4. Hollingshead in Edw. 4. Book of Howth Mâ—rus The fraternity of Saint George in Ireland 14. of Edw. 4. Rot. Parl. Dublin Henry 7. How the war was prosecuted in time of K Hen. 7. Arâ—â—â—â— Remem Regis apud West The book of Howth Manus Holinshead in Hen. 7. Sir Ed Poynings service Rot. Parl. in Castro Dublin The book of Howth The battle of Knocktow Henry 8. How the war was carried during the reign of King Henry the eight The Earl of Surries service The Lord Leonard Grayes service The fight at Belahoo Book of Howth Manus Sir Anthony St. Leger Sir Edw. Bâ—llingham in the time of King Edw. 6. Archiu Remem Regis apud West ' Tho Earl of Sussex in the time of Queen Mary Queen Elizabeth How the war was prosecuted in the time of Qu Elizabeth Shane O Neales Rebellion Archiu Remem Regis apud Westm Desmonds Rebellion Tyrones Rebellion Four main defects in the prosecution of the War Why none of the Kings of England before Qu. Elizabeth did finish the conquest of Ireland Giraldus Cambrensis How the several Kings of England were diverted from the Conquest of Ireland King Henry 2. The book of Howth Manus Rich. 1. K. John Henry 3. Edw. 1. Archiu in Castro Dublin Annales Hiberniae in Camden Edw. 2. Annales Hiberniae in Camden Archiu in Castro Dublin Manuscript of Friar Clinn Rubr. libr. Scac. Dublin Edw. 3. Annales Hiberniae in Cam den Rich. 2. Henry 4. Henry 5. Annales Hiberniae in Camden Henry 6. Hollingshead in Hen. 6. Manuscript of Baron Finglas Edw. 4. Rich. 3. Henry 7. Henry 8. King Edward 6. and Qu. Mary Qu. Elizabeth 2. The defects in the Civil Policy government 1. The Laws of England were not given to the meer Irish Matth. Paris Hist major fol. 121. Matth. Paris Histor major 220 b.