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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A55719 The Present state of Ireland together with some remarques upon the antient state thereof : likewise a description of the chief towns : with a map of the kingdome. 1673 (1673) Wing P3267; ESTC R26213 101,146 318

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the chief causes that obstructed the Conquest of Ireland till about the latter end of Queen Elizabeths reign as to Martial Affairs And secondly loosness in the Civil Government of Ireland for not communicating the Laws of England to the Irish I shall now endeavour in the next place to give some satisfaction touching those defects that were observed to be in the Civil Policy and Government of this Kingdome which gave no less impediment to the full Conquest thereof which doth first consist in this That the Crown of England did not from the beginning give Laws to the Irishry though the Irish did often desire to be admitted to the benefit of it and protection of the English Laws but could not obtain it For although King Henry the Second before his return out of Ireland held a Counfel or Parliament at Lismore where the Laws of England were willingly accepted off by all the Irishry and that confirm'd by their Oaths And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and the Courts of Judicature at Dublin and placed Sheriffs and other Ministers to rule and govern the people according to the Laws of England yet it is evident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry as O Neal of Vlster O Malaghlin of Meath O Connagher of Connaght O Brien of Thomond and Mac Muorrogh of Lynster who were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England for in them onely the English Laws were published and put in execution and in them onely did the Itinerant Judges make their Circuits and Visitations of Justice as namely in the Counties of Dublin Kildare Meth Vriel Catherlogh Kilkenny Wexford Waterford Cork Limrick Kerry and Typperary and not in the Countries possessed by the Irishry which contained at least two third parts of the Kingdome and even in these Counties the said Laws stretcht no farther then the Lands of the English Colonies did extend so that the Irish were not only disabled to bring any actions but they were so far out of the protection of the Law as it was often adjudged no Fellony to kill a meer Irish man in time of Peace from whence it came to pass that in all the Parliament Rolls which are extant from the 40th year of Edward the Third when the Statutes of Kilkenny were enacted till the Reign of King Henry the Eighth we find the degenerate and disobedient English called Rebels but the Irish which were not in the Kings Peace are called Enemies Whereby it it is manifest that such as had the Government of Ireland under the Crown of England did intend to maintain a perpetual Separation and Enmity between the English and the Irish pretending that the English should in the end be able to root out the Irish which the English not being able to effect caused a perpetual War between both Nations which continued four hundred and odd years and might have continued to the worlds end if in the end of Queen Elizabeths Reign the Irishry had not been broken and Conquered by the Sword and since the beginning of King James his Reign had not been protected and governed by the Law Contrary to the practice of the Romans and others c. who communicated their Laws to the Conquered This was contrary to the practice of the Roman State which Conquered so many barbarous and civil Nations and therefore knowing by experience the best and readiest way of making a perfect and absolute Conquest refused not to communicate their Laws to the rude and barbarous people whom they had conquered neither did they ever put them out of their Protection after they had once submitted themselves but rather the better to assure their conquest by all the means imaginable they could allured them to Civility and Learning whereof the antient Britains were a famous instance This was also against the practise William the Conqueror used who governed both the Normans and the English under one Law And against the prudent course that hath been observed in the reducing of Wales partly perform'd by King Edward the First and altogether finished by King Henry the Eighth by dividing the whole Countrey into Shires and Circuits and establishing a Common-wealth amongst them according to the English Government by means whereof that entire Countrey was in a short time so securely setled in Peace and Obedience and hath attained to that civility of manners and plenty of all things as now we find it not inferiour to the best parts of England That the over great proportions of Land granted to the first Conquerors of Ireland occasioned great inconveniencies The next Error in the Civil Policy which hindered the perfection of the Conquest of Ireland did consist in the distribution of the Lands and Possessions which were won and conquered from the Irish For the Scopes of Land which were granted to the first Adventurers were too large and the Liberties and Royalties which they obtained therein were too great for Subjects though it stood with reason that they should be liberally rewarded out of the fruits of their own labours since they managed the War upon their own account and received no pay from the Crown of England whereupon ensued divers inconveniencies that gave great impediment to the Conquest for first Earl Strongbow was entituled to the whole Kingdom of Lynster partly by Invasion and partly by Marriage albeit he surrendered the same entirely to King Henry the Second his Soveraign The manner how Ireland was divided amongst the first Eng●ish Conquerors for that with his License he came over and with the aid of his Subjects he had gained that great Inheritance yet did the King regrant back again to him and his Hei●s all that Province reserving only the City of Dublin and the Cantreds next adjoyning with the Maritine Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Corke from Lismore to the Sea To Philip le Bruce he gave the whole Kingdome of Lymrick with the Donation of Bishopricks and Abbies except the City and one Cantred of Land adjoyning To Sir Hugh de Lacy all Meath To Sir John de Courcy all Vlster To William Bourke Fitz-Adelin the greatest part of Connaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poor of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was al● Ireland Cantonized among ten Persons of the English Nation And though they had not gained the Possession of one third part of the whole Kingdom yet in Title they were owners and Lords of all so as nothing was left to be granted to the Natives whose petty Kings and Great ones our great English Lords could not endure