Henry 7. For albeit in the time of King Henry 6. Richard duke of York a Prince of the blood of great wisedome and valour and heir to a third part of the Kingdome at least being Earle of Vlster and Lord of Conaght and Meth was sent the Kinges Lieutenant into Ireland to recouer and reforme that Realme where he was resident in person for the greatest part of 10. yeares yet the troth is he aymed at another marke 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 meanes to please them and by popular courses to steale away their hearts to the end hee might strengthen his party when he should set on foot his Title as is before declared Which policy of his tooke such effect as that he drew ouer with him into England the Flower of all the English Colonies specially of Vlster and Meth whereof many Noblemen and Gentlemen were slain with him at wakefield as is likewise before remembred And after his Death when the warres between the Houses were in their heat almost al the good English bloud which was left in Ireland was spent in those ciuill dissentions so as the Irish became victorious ouer all without Bloud or Sweat Only that little Canton of Lande called the English Pale containing 4. small Shires did maintain a bordering war with the Irish and retaine the forme of English Gouernment But out of that little Precinct there were no Lordes Knights or Burgesses summoned to the Parliament neither did the Kings Writt run in anie other part of the kingdome and yet vpon the Marches Borders which at that time were growne so large as they tooke vp halfe Dublin half Meth and a third part of Kildare and Lowth there was no law in vse but the MarchLawe which in the Statutes of Kilkenny is said to be no Law but a leud Custome So as vpon the end of these ciuill warres in England the English Law Gouernment was well banisht out of Ireland so as no foot-steppe or print was left of any former Reformation THen did King Henry 7. send ouer Sir Edward Poynings to be his Depuputy a right worthy seruitor both in war and peace The principall end of his employment was to expel Perkin warbecke out of this kingdome but that seruice beeing perfourmed that worthy Deputy finding nothing but a common misery tooke the best course he possibly could to establish a Common-wealth in Ireland and to that end he held a Parliament no lesse famous then that of Kilkenny and more auaileable for the reformation of the whole Kingdome For whereas all wise men did euer concur in opinion that the readiest way to reform Ireland is to settle a forme of Ciuill Gouernment there conformable to that of England To bring this to passe Sir Edward Poynings did passe an Acte 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 prouided 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 bee first transmitted into England and approued by the King and Counsell there as good and expedient for that Land and so returned backe againe vnder the Great Seale of England This Act though it seeme Prima facie to restrain the liberty of the subiects of Ireland yet was it made at the Prayer of the Commons vpon iust and important cause For the Gouernors of that realm specially such as were of that Contry Birth had layd many oppressions vpon the Commons and amongst the rest they had imposed Lawes vppon them not tending to the generall good but to serue priuate turnes and to strengthen their particular factions This moued them to referre all Lawes that were to be passed in Ireland to be considered corrected and allowed first by the State of England which had alwaies bin tender carefull of the good of this people and had long since made them a Ciuill Rich and Happy Nation if their own Lords and Gouernors 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 foure shires only and for that cause specially hee caused all the Acts of a Parliament lately before holden by the Viscount of Gormanston to be repealed and made voide Moreouer that the Parliamentes of Ireland might want no desent or honorable forme that was vsed in England he caused a particular Act to passe that the Lords of Ireland should appeare in the like Parliament Robes as the English Lords are wont to weare in the Parliaments of England Hauing thus established all the statutes of England in Ireland and set in order the great Counsell of that Realme he did not omit to passe other Lawes aswell for the encrease of the Kings Reuennue as the preseruation of the publick peace To aduaunce the profites of the Crown First he obtained a subsidy of 26. s. 8. d. out of euery sixe score Acres manured payable yearely for 5. years Next he resumed al the Crown land which had been aliened for the most part by Richard Duke of Yorke lastly he procured a subsidy of Pondage out of all Merchandizes imported exported to be granted to the Crown in perpetuity To preserue the publicke peace he reuiued the statutes of Kilkenny He made wilfull murther High-Treason he caused the Marchers to book their men for whom they should answere and restrained the making Warre or peace without speciall Commission from the State These Lawes and others as important as these for the making of a commonwealth in Ireland wer made in the Gouernment of Sir Edward Poynings But these Lawes did not spread their Vertue beyonde the English Pale though they were made generally for the whole Kingdome For the Prouinces without the Pale which during the warre of Yorke and Lancaster had wholly cast off the English Gouernement were not apt to receyue this seed of reformation because they were not first broken and maistered againe with the sword Besides the Irish Countreyes which contained two third parts of the Kingdome were not reduced to Shire-Ground so as in thē the Lawes of England could not possibly be put in execution Therefore these good Laws prouisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little vse can be made till the Lute bee made fit to be plaid vpon And that the execution of al these Lawes had no greater Latitude then the Pale is manifest by the Statute of 13. of Henry 8. c. 3. which reciteth that at that time the Kings Lawes were obeyed and executed in the four shires onely and yet then was the Earle of Surrey Lieutenant of
Ireland a Gouernor much feared of the Kings Enemies and exceedingly honored and beloued of the Kings subiects And the instructions giuen by the state of Ireland to Iohn Allen Maister of the Rols employed into England neere about the same time doe declare as much wherein among other things hee is required to aduertise the King that his Land of Ireland was so much decayed as that the Kings Lawes were not obeyed twenty miles in compas Whereupon grew that By-word vsed by the Irish viz That they dwelt By-west the Law which dwelt beyond the Riuer of the Barrow which is within 30. Miles of Dublin The same is testified by Baron Finglas in his Discourse of the decay of Ireland which hee wrote about the 20. yeare of King Henry 8. And thus we see the effect of the Reformation which was intended by Sir Edward Poynings THE next Attempt of Reformation was made in the 28. yeare of King Henry 8. by the Lorde Leonard Gray who was created Viscount of Garny in this Kingdome and helde a Parliament wherein many excellent Lawes were made But to prepare the mindes of the people to obey these Lawes he began first with a Martiall course For being sent ouer to suppresse the Rebellion of the Giraldines which he performed in few months he afterwards made a victorious Circuit round about the Kingdome beginning in Offaly against O Connor who had ayded the Giralà ines in their Rebellion and from thence passing along through all the Irish Countries in Leinster and so into Mounster wher hee tooke pledges of the degenerate Earle of Desmond and thence into Conaght and thence into Vlster then concluded this warlicke Progresse with the Battell of Belahoo in the Borders of Meth as is before remembred The principall Septs of the Irishry beeing all terrified and most of them broken in this iourney manie of their chiefe Lords vppon this Deputies returne came to Dublin and made their submissions to the crown of England Namely the O Neales O Relies of Vlster Mac Murrogh O Birne and O Carrol of Leinster and the Bourks of Conaght This preparation being made he first propounded and passed in Parlament these Lawes which made the great alteration in the State Ecclesiastical Namely the Act which declared King Henry the eight to bee supreame Head of the Church of Ireland The Act probibiting Apeales to the church of Rome the Act for first fruites and twentith part to be paid to the King the Act for Faculties and Dispensations And lastly the Act that did vtterly abolish the vsurped Authoritie of the Pope Next for the encrease of the Kings Reuennew By one Act he suppressed sundry Abbeyes and Religious Houses and by another Acte resumed the Lands of the Absentees as is before remembred And for the Ciuill Gouernment a speciall Statute was made to abolish the Black-Rents and tributes exacted by the Irish vpon the English Colonies and another Law enacted that the English Apparrell Language manner of liuing should bee vsed by all such as would acknoledge themselues the Kings Subiects This Parliament being ended the Lord Leonard Gray was suddenly reuokt and put to death in England so as hee liued not to finish the woorke of Reformation which he had begun which notwithstanding was well pursued by his successors Sir Anthony Saint-Leger Vnto whom all the Lords and Chiefetanes of the Irishry and of the degenerate English throughout the Kingdome made their seueral submissions by Indenture which was the fourth general submission of the Irish made since the first attempt of the Conquest of Ireland whereof the first was made to King Henry 2. the second to k. Iohn the third to K. Richard 2. and his last to Sir Anthony Saint-Leger in 33. of Hen. 8. IN these Indentures of submission all the Irish Lords do acknowledge K. Henry the eight to be their Soueraign Lord and King and desire to bee accepted of him as subiects They confesse the Kings supremacy in all causes do vtterly renounce the Popes Jurisdiction which I conceiue to bee worth the noting because when the Irish had once resolued to obey the king they made no scruple to renounce the Pope And this was not only done by the meere Irish but the chiefe of the degenerate English Families did perfourme the same as Desmond Barry and Roche in Mounster and the Bourkes which bore the Title of Mac william in Conaght These submissions being thus taken the Lorde Deputy and Counsell for the present Gouernment of those Irish Countries made certaine Ordinances of state not agreeable altogither with the Rules of the Law of England the reason whereof is exprest in the preamble of those Ordinances Quia nondum sic sapiunt leges Iura vt secundū ea iam immediatè viuere regipossint The chiefe points or Articles of which Orders registred in the Counsel Booke are these That King Henrie the eight shold be accepted reputed and named King of Ireland by all the Inhabitants of the Kingdome that al Archbishops and Bishops should bee permitted to exercise their Iurisdiction in euery Diocesse throughout the Land that tithes should be duely set out and paide that Children should not be admitted to Benefices that for euery Manslaughter and theft aboue 14 d committed in the Irish Contries the offender shold pay a fine of 40. li. twenty pound to the King and 20. li. to the Captaine of the Country and for euery thefte vnder 14. d. a fine of fiue markes should be paid 46. s. viij d to the Captaine and 20. s. to the Tanister That Horsemen and Kearn shold not be imposed vppon the Common people to beefed and maintained by them That the Maister shold answer for his seruants and the Father for his Children That Cuttinges should not be made by the Lorde vppon his Tenants to maintaine war with his neighbors but only to beare his necessary expences c. These ordinances of state being made and published there were nominated and appointed in euery prouince certaine Orderers or Arbitraters who instead of these Irish Erehons should heare and determine all their Controuersies In Conaght the Arch-Bishop of Tuam the Bishop of Clonfert Captaine wakeley and Captaine Ouington In Munster the Bishop of VVaterford the Bishop of Corke and Rosse the Maior of Corke and Maior of Yough-hall In Vlster the Archbishop of Ardmagh the Lord of Lowth And if any difference did arise which they could not end either for the difficultie of the cause or for the obstinacy of the parties they were to certifie the Lord Deputy and Counsell who would decide the matter by their authority Heereuppon the Irish Captaines of lesser Territories which had euer bin oppressed by the greater mightier some with Risings out others with Bonaght and others with Cuttings and spendings at pleasure did appeale for Iustice to the Lorde Deputy who vpon hearing their Complaints did alwayes order that they should all imediatly depend vpon the King and
that the weaker should haue no dependancy vpon the stronger Lastly he preuailed so much with the greatest of them Namely O Neale O Brien and Mac william as that they willingly did passe into England and presented themselus to the king who thereuppon was pleased to aduance them to the degree and honor of Earles to grant vnto them their seuerall Contries by Letters patents Besides that they might learne Obedience and Ciuility of maners by often repairing vnto the State the K. vpon the motion of the same Deputy gaue each of them a house and Lands neere Dublin for the entertainement of their seuerall traines This course did this Gouernour take to reforme the Irishry but withall he did not omit to aduance both the honor and profit of the King For in the Parliament which he helde the 33. of Henry 8. hee caused an Acte to passe which gaue vnto K. Henry 8. his heyres and successors the name stile and Title of King of Ireland whereas before that time the Kings of England were stiled but Lords of Ireland albeit indeed they were absolute Monarks thereof and had in right all Royall Imperial Iurisdiction power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher then the name of Lorde Assuredly the assuming of this title hath not a litle raysed the soueraignty of the K. of England in the minds of this people Lastly this Deputy brought a great augmentation to the Kings Reuenue by dissoluing of all the Monasteries and Religious Houses in Ireland which was done in the same Parliament afterward by procuring Min and Cauendish two skilfull Auditours to bee sent ouer out of England Who tooke an exact suruey of all the possessions of the Crowne and brought manie things into charge which had beene concealed and substracted for manie years before And thus far did Sir Anthony Saint-Leger proceed in the course of Reformation which though it wer a good beginning yet was it far from reducing Ireland to the perfect Obedience of the Crown of England For all this while the Prouinces of Conaght and Vlster and a good parte of Leinster were not reduced to Shire-Ground And though Mounster were anciently diuided into Counties the people were so degenerate as no Iustice of Assise durst execute his Commission amongst them None of the Irish Lords or Tenants were setled in their possessions by any Graunt or Confirmation from the Crowne except the three great Earles before named who notwithstanding did gouern their Tenants and Followers by the Irish or Brehon Law so as no treason murther rape or theft committed in those Countries was inquired of or punisht by the Law of England and consequently no Escheat Forfeiture or Fine no Reuenue certain or casuall did acrew to the Crowne out of those Prouinces The next worthy Gouernor that endeuoured to aduaunce this Reformation was Thomas Earle of Sussex who hauing throughly broken and subdued the two most rebellious and powerful Irish Septs in Leinster namely the Moores O Connors possessing the territories of Leix Offaly did by Act of Parliament 3. 4. Phil. Mariae reduce those Countries into two seuerall Counties naming the one the Kinges and the other the Queenes County which were the first two Counties that had beene made in this Kingdome since the twelfth yeare of King Iohn at what time the Territories thē possessed by the English Colonies were reduced into 12. Shires as is before expressed This Noble Earle hauing thus extended the Iurisdiction of the English Lawe into two Counties more was not satisfied with that addition but took a resolution to diuide all the rest of the Irish Countries vnreduced into seuerall Shires and to that end he caused an Act to passe in the same Parliament authorising the Lord Chancellour from time to time to award Commissions to such persons as the Lord Deputy should nominate and appoint to viewe and perambulate those Irish territories and thereupon to diuide and limit the same into such and so many seuerall Counties as they should thinke meete which beeing certified to the Lord Deputy and approued by him should bee returned and enrolled in the Chancery and from thenceforth be of like force and effect as if it were doone by Act of Parliament Thus did the Earle of Sussex lay open a passage for the Ciuill gouernment into the vnreformed partes of this Kingdome but himselfe proceeded no further then is before declared HOwbeit afterwardes during the raigne of Queen Elizabeth Sir Henry Sidney who hath left behinde him many Monuments of a good Gouernour in this Land did not onely pursue that course which the Earle of Sussex began in reducing the Irish Countries into Shires and placing therein Sheriffes and other Ministers of the Law for first hee made the Annaly a Territory in Leynster possessed by the Sept of Offerralles one entire Shire by it selfe and called it the County of Longford and after that he diuided the whole Prouince of Conaght into sixe Counties more namely Clare which containeth all Thomond Gallaway Sligo Mayo Roscomon and Leytrim But he also had caused diuers good Lawes to be made performed sundry other seruices tending greatly to the reformation of this Kingdome For first to diminish the greatnesse of the Irish Lordes and to take from them the dependancy of the Common people in the Parliament which he held 11. Eliz. Hee did abolish their pretended and vsurped Captain-ships and all exactions and extortions incident thereunto Next to settle their Seigniories possessions in a course of Inheritance according to the course of the Common Law he caused an Act to passe whereby the Lord Deputy was authorised to accept their Surrenders and to re-grant estates vnto them to hold of the Crown by English tenures and seruices Againe because the Inferior sort were loose and poore and not amesnable to the Law hee prouided by another Act that fiue of the best eldest persons of euery Sept should bring in all the idle persons of their sur-name to be iustified by the Law Moreouer to giue a ciuill education to the Youth of this Land in the time to come prouision was made by another Law that there should bee one Free-schoole at least erected in euery Diocesse of the Kingdom And lastly to invre and acquaint the people of Mounster and Conaght with the English Gouernment againe which had not been in vse among them for the space of 200. yeares before hee instituted two Presidency Courtes in those two Prouinces placing Sir Edward Fitton in Conaght and Sir Iohn Perrot in Mounster To augment the Kings Reuennew in the same Parliament vppon the attainder of Shane O Neale hee resumed vested in the Crowne more then halfe the Prouince of Vlster He raised the Customes vpon the principall cōmodities of the Kingdome He reformed the abuses of the Exchequer by many good orders and instructions sent out of England and lastly he
imprisoned iudged as a Traitor And that heerafter there be no diuersity of ligeance betweene the English borne in Ireland and the English borne in England but that all bee called and reputed English and the Lieges of our Soueraigne Lord the KING c. This Law was made only to reforme the degenerat English but there was no care taken for the reformation of the meer Irish no ordinance no prouision made for the abolishing of their barbarous Customes and manners Insomuch as the Law then made for Apparrell and riding in Saddles after the English fashion is penal only to English men not to the Irish. But the Romaine State which conquered so many Nations both barbarous and Ciuill and therefore knewe by experience the best and readiest way of making a perfect absolute conquest refused not to communicate their Lawes to the rude barbarous people whom they had Conquered neither did they put them out of their protection after they had once submitted themselues But contrarywise it is said of Iulius Caesar Qua vicit victos protegit ille manu And againe of another Emperor Fecisti patriam diuersis gentibus vnam Profuit invitis te dominante capi Dumque offers victis proprij consortia Iuris vrbem fecisti quod priùs orbis erat And of Rome it selfe Haec est in gremium victos quae sola recepit Humanumque genus communinomine fouit Matris non dominae ritu Ciuesque vocavit Quos domuit nexuque pio longinqua reuinxit Therefore as Tacitus writeth Iulius Agricola the Romaine Generall in Brittany vsed this pollicy to make a perfect Conquest of our Ancestours the ancient Brittaines They were sayth he rude and dispersed and therfore prone vpon euery occasion to make warre but to induce them by pleasure to quietnesse and rest he exhorted them in priuate and gaue them helpes in common to builde Temples Houses and places of publique resort The Noblemens sonnes hee tooke and instructed in the Liberall Sciences c. preferring the wits of the Brittaines before the Students of France as beeing now curious to attaine the Eloquence of the Romaine Language whereas they lately reiected that speech After that the Roman Attire grew to be in account and the Gowne to be in vse among them and so by little and little they proceeded to curiosity delicacies in Buildings and furniture of Houshold in Bathes and exquisit Banquets and so beeing come to the heighth of Ciuility they were thereby brought to an absolute subiection LIkewise our Norman Conqueror though he oppressed the English Nobility very sore and gaue away to his seruitors the Lands and possessions of such as did oppose his first inuasion though he caused all his Actes of Counsel to be published in French and some legall proceedings pleadings to bee framed and vsed in the same tongue as a marke and badge of a conquest yet he gouerned Al both English and Normans by one the same Law which was the auncient common Law of England long before the Conquest Neither did he denie any English-man that submitted himselfe vnto him The benefit of that Law thogh it were againsta Norman of the best ranke and in greatest fauour as appeared in the notable Controuersie betweene VVarren the Norman and Sherburne of Sherburne Castle in Norfolke for the Conquerour had giuen that Castle to warren yet when the Inheritors thereof had alledged before the King that he neuer bore Armes against him that hee was his subiect aswell as the other that he did inherit and hold his Landes by the rules of that Law which the King had established among all his Subiects The King gaue iudgement against VVarren and commanded that Sherborn shold hold his land in peace By this meane him-selfe obtained a peaceable possession of the kingdom within few yeares whereas if he had cast all the English out of his protection and held them as Aliens and Enemies to the Crowne the Normans perhaps might haue spent as much time in the Conquest of England as the English haue spent in the Conquest of Ireland THE like prudent course hath bin obserued in reducing of Wales which was performed partly by King Edward the first and altogether finished by King Henry the eight For we finde by the Statute of Rutland made the 12. of Edward the first when the Welshmen had submitted themselus De alto Basso to that King he did not reiect and cast them off as Out-lawes and Enemies but caused their Lawes and Customes to be examined which were in many points agreeable to the Irish or Brehon Lawe Quibus diligenter audit is plenius intellectis quasdam illarū saieth the King in that Ordinance Consilio procerum dileuimus quasdam permissimus quasdam correximus ac etiā quasdam alias adijciendas et faciend de creuimus and so established a Commonwealth among them according to the forme of the English Gouernement After this by reason of the sundry insurrections of the Barons the Warres in France and the dissention betweene the houses of Yorke and Lancaster the State of England neglected or omitted the execution of this Statute of Rutland so as a great part of Wales grew wilde and barbarous again And therefore King Henrie the eight by the Statutes of the 27. and 32. of his raign did reuiue and recontinue that Noble worke begun by King Edward the first and brought it indeed to ful perfection For he vnited the Dominion of Wales to the Crown of England and deuided it into Shires and erected in euery Shire one Borough as in England and enabled them to send Knights Burgesses to the Parliament established a Court of Presidency and ordained that Iustices of Assise and Gaol-deliuerie should make their halfe yearly Circuits there as in England made all the Lawes Statutes of England in force there and among other Welsh Customes abolished that of Gauel-kinde wherby the Heyres-Females were vtterlie excluded and the Bastards did inherit aswel as the Legimate which is the very Irish Gauelkinde By means whereof that entire Country in a short time was securely setled in peace and Obedience and hath attained to that Ciuility of Manners and plentie of all things as now we finde it not inferiour to the best parts of England I will therefore knit vp this point with these conclusions First that the Kings of England which in former Ages attempted the Conquest of Ireland being ill aduised and counselled by the great men heere did not vpon the submissions of the Irish communicate their Lawes vnto them nor admit them to the state and condition of Free-subiectes Secondly that for the space of 200 yeares at least after the first arriual of Henry the secound in Ireland the Irish would gladly haue embraced the Lawes of England and did earnestly desire the benefite and protection thereof which being denied them did of necessitie cause a continuall bordering warre between the English and the Irish. And lastly if
opportunity and passing ouer the Banne did first expell the English out of the Barony of Tuscard which is nowe called the Rout and likewise out of the Glynnes and other Lands vp as farre as Knockfergus which Countrey or extent of Lande is at this day called the lower Clan Hugh-Boy And shortly after that they came vp into the great Ardes which the Latine writers call Altitudines Vltoniae and was then the inheritaunce of the Sauages by whom they were valiantly resisted for diuers yeares but at last for want of Castles and fortifications for the saying of Henrie Sauage mentioned in euery Story is very memorable That a Castle of Bones was better then a Castle of Stones the English were ouer-run by the multitude of the Irishry So as about the thirtith of K. Edw. 3. some few yeares before the arriuall of the Duke of Clarence the Sauages were vtterly driuen out of the Great Ardes into a little nooke of land neer the Riuer of Strangford where they now possesse a little Territory called the little Ards and their greater patrimony tooke the name of the vpper Clan Hugh-Boy from the Sept of Hugh-Boy O Neale who became Inuaders thereof FOr Conaght some yonger branches of the Family of the Bourkes being planted there by the Red-Earle his Ancestors seeing their Chiefe to bee cut off and dead without Heire-male and no man left to gouern or protect that Prouince intruded presently into all the Earles Lands which ought to haue bin seized into the kings handes by reason of the minoritie of the heire And within a short space two of the most potent among them diuided that great Seigniory betwixt thē the one taking the name of Mac william Oughter and the other of Mac william Fighter as if the Lord william Bourk the last Earle of Vlster had lefte two sonnes of one name behinde him to inherit that Lordship in course of Gauelkinde But they well knewe that they were but Intruders vppon the Kings possession during the minority of the heire they knew those lands were the rightfull inheritance of that young Lady and consequently that the Law of England woulde speedily euict them out of their possession therefore they held it the best policy to cast off the yoake of English Law and to become meere Irish and according to their example drew al the rest of the English in that Prouince to do the like so as from thenceforth they suffered their possessions to run in course of Tanistry and Gauel-kinde They changed their names language and apparrell and all their ciuil manners and Customes of liuing Lastly about the 25. yeare of King Edward the third Sir Richard de Clarè was slaine in Thomond and al the English Colonies there vtterly supplanted Thus in that space of time which was betweene the tenth yeare of king Edward the second and the 30. yeare of King Edward the third I speak within compasse by the concurrence of the mischieses before recited all the old English Colonies in Munster Conaght and Vlster more then a third part of Leinster became degenerat fell away from the Crowne of England so as onely the foure Shyres of the English Pale remained vnder the Obedience of the Lawe and yet the Borders and Marches thereof were growne vnruly and out of order too being subiect to Blacke-Rents and Tribute of the Irish which was a greater defection then when tenne of twelue Tribes departed and fell away from the Kings of Iuda But was not the State of England sensible of this losse and dishonour Did they not endeuor to recouer the Land that was lost and to reduce the subiects to their Obedience Truely King Edward the second by the incursions of the Scottish Nation and by the insurrection of his Barons who raised his wife and his Sonne against him and in the end deposed him was diuerted and vtterly disabled to reforme the disorders of Ireland But assoone as the crown of England was transferred to K. Edw. 3. though hee were yet in his minority the State there beganne to looke into the desperate estate of thinges heere And finding such a general defection Letters were sent from the King to the great men and Prelates requiring them particularly to swear fealty to the Crowne of England Shortly after Sir Anthony Lucie a person of great authority in England in those daies was sent ouer to work a reformation in this Kingdome by a seuere course and to that ende the King wrote expresly to the Earle of Vlster and others of the Nobilitie to assist him as is before remembered presently vpon his arriual he arrested Maurice Fitz-Thomas Earle of Desmond and Sir william Bremingham and committed them prisoners to the Castle of Dublin where Sir william Bremingham was executed for treason though the Earle of Desmond were left to Mainprize vpon condition hee should appeare before the King by a certain day and in the meane time to continue loyall AFter this the King being aduertised that the ouer-large Graunts of Lands and Liberties made to the Lords of English Bloude in Ireland made them so insolent as they scorned to obey the Law and the Magistrate did absolutely resume all such Crants as is before declared But the Earle of Desmond aboue al men found himselfe grieued with this resumption or Repeale of Liberties and declared his dislike discontentment insomuch as he did not only refuse to come to a Parliament at Dublin summoned by Sir william Morris Deputie to the L. Iohn Darcy the kings Lieutenant But as we haue said before he raised such dissention betweene the English of bloud and the English of birth as the like was neuer seen from the time of the first planting of our Nation in Ireland And in this factious and seditious humour hee drewe the Earle of Kildare and the rest of the nobility with the Cittizens and Burgesses of the principall Townes to hold a seuerall Parliament by themselues at Kilkenny where they framed certaine Articles against the Deputy transmitted the same into England to the King Heereupon Sir Raphe Vfford who had lately before married the Countesse of Vlster a man of courage and seuerity was made Lord Iustice who forth with calling a Parliament sent a speciall commandement to the Earle of Desmond to appeare in that great Councel but the Earle wilfully refused to come Whereupon the Lord Iustice raised the Kings Standard and marching with an Army into Munster seized into the Kings handes all the possessions of the Earle took and executed his principall followers Sir Eustace le Poer Sir william Graunt Sir Iohn Cotterell enforced the Earle himselfe to flye and lurke till 26. Noblemen and Knights became Mainpernors for his appearance at a certaine day prefixed But he making default the second time the vttermost aduantage was taken against his sureties Besides at the same time this Lord Iustice caused the Earle
established the composition of the Pale in liewe of Purueyance and Sesse of Souldiers These were good proceedinges in the worke of Reformation but there were many defects omissions withall for though he reduced all Conaght into Counties he neuer sent any Justices of Assize to visite that Prouince but placed Cōmissioners there who gouerned it onely in A course of discretion part Martiall and part Ciuill Againe in the Law that dooth abolish the Irish Captain-ships he gaue waie for the reuiuing thereof againe by excepting such as should be granted by Letters Patentes from the Crowne which exception did indeede take away the force of that Law For no gouernour during Queene Elizabeths raign did refuse to grant any of those Captain-ships to any pretended Irish Lord who would Desire and with his thankefulnesse Deserue the same And againe though the greatest part of Vlster were vested by Act of Parliament in the actuall and reall possession of the Crowne yet was there neuer any seisure made thereof nor any part thereof brought into charge but the Irish were permitted to take all the profits without rendering any dutie or acknowledgement for the same and though the Name of O Neale were damned by that act and the assuming thereof made High-treason yet after that was Tirlagh Leynnagh suffered to beare that Title and to intrude vpon the possessions of the Crown and yet was often entertained by the State with fauour Neither were these lands resumed by the Act of 11. of Elizabeth neglected onely for the Abbaies and religious Houses in Tirone Tirconnell and Fermannagh though they were dissolued in the 33. of Henry 8. were neuer surueied nor reduced into charge but were continually possest by the religious persons vntill his Maiestie that now is came to the Crowne and that which is more strāge the Donations of Byshopprickes being a flower of the Crowne which the Kings of England did euer retaine in all their Dominions when the Popes vsurped Authority was at the highest There were three Bishopprickes in Vlster namely Derry Rapho and Clogher which neither Queene Elizabeth nor any of her Progenitors did euer bestow though they were the vndoubted Patrons thereof So as King Iames was the first king of England that did euer supply those Sees with Byshops which is an argument eyther of great negligence or of great weaknesse in the State and Gouernours of those times And thus farre proceeded Sir Henry Sidney AFter him Sir Iohn Perrot who held the last Parliament in this Kingdome did aduance the Reformation in three principall points First in establishing the great composition of Conaght in which seruice the wisedome and industry of Sir Richard Bingham did concurre with him next in reducing the vnreformed partes of Vlster into seauen shires namely Ardmagh Monahan Tirone Coleraine Deuegall Fermannagh Cauan though in his time the Law was neuer executed in these new Counties by any Sheriffes or Iustices of Assize but the people left to be ruled still by their own barbarous Lords and Lawes And lastly by vesting in the Crowne the Lands of Desmond and his Adherents in Mounster and planting the same with English though that plantation were imperfect in many points AFter Sir Iohn Perrot Sir william Fitzwilliams did good seruice in two other points First in raising a composition in Mounster and then in setling the possessions both of the Lords and Tenantes in Monahan which was one of the last Acts of State tending to the reformation of the Ciuill Gouernment that was performed in the raigne of Queene ELIZABETH Thus we see by what degrees what pollicy and successe the Gouernors of this Land from time to time since the beginning of the raigne of King Edward 3. haue endeuored to reforme and reduce this people to the perfect obedience of the Crowne of England And we find that before the Ciuill Warres of Yorke and Lancaster they did chiefely endeuour to bring backe the degenerate English Colonies to their Duty and Allegeaunce not respecting the meer Irish whom they reputed as Aliens or Enemies of the Crowne But after King Henry 7. had vnited the Roses they labored to reduce both English and Irish together which worke to what passe and perfection it was brought in the latter end of Queen Elizabeths raign hath bin before declared Whereof sometimes when I doe consider I do in mine owne conceit compare these later Gouernors who went about to reforme the Ciuill Affairs in Ireland vnto some of the Kings of Israel of whom it is saide That they were good Kings but they did not cut downe the Groues and High places but suffered the people still to burne Incense commit Idolatry in them so Sir Anthony Saint-Leger the Earle of Sussex sir Henry Sidney sir Iohn Perrot were good Gouernours but they did not abolish the Irish Customes nor execute the Lawe in the Irish Countries but suffered the people to worship their barbarous Lordes and to remaine vtterly ignorant of their Duties to God and the King AND now am I come to the happy raigne of my most Gracious Lord Maister K. Iames in whose time as there hath been a concurrence of many great Felicities so this among others may be numbred in the first ranke that all the Defects in the Gouernment of Ireland spoken of before haue beene fully supplied in the first nine yeares of his raigne In which time there hath bin more done in the worke reformation of this Kingdome then in the 440. yeares which are past since the Conquest was first attempted Howbeit I haue no purpose in this Discourse to set forth at large all the proceedings of the State heere in reforming of this Kingdom since his Maiesty came to the Crowne for the parts and passages thereof are so many as to expresse them fully woulde require a seuerall Treatise Besides I for my part since I haue not flattered the former times but haue plainely laid open the negligence and errors of euery Age that is past woulde not willingly seeme to flatter the present by amplifying the diligence and true Iudgement of those Seruitours that haue laboured in this Vineyard since the beginning of his Maiesties happy raigne I shall therefore summarily without any amplication at all shewe in what manner and by what degrees all the defects which I haue noted before in the Gouernment of this Kingdome haue bin supplied since his Maiesties happy raigne beganne and so conclude these obseruations concerning the State of Ireland FIrst then touching the Martiall affayres I shall neede to say little in regard that the Warre which finished the Conquest of Ireland was ended almost in the instant when the crown descended vpon his Maiesty and so there remained no occasion to amēd the former errors committed in the prosecution of the warre Howbeit sithence his Maiesty hath still maintained an Army heere aswell For a Seminary of Martiall Men as to Giue strength and countenance to the Ciuil Magistrate I may iustly obserue that this
diem with an encrease of the number of his Archers viz 360 Archers on horsebacke out of Lancashire at vjd a peece per diem and 23. Archers out of Wales at ij d. a peece per diem The earle of Staffords entertainment was for himselfe vi s. viij d. per diem for a Banneret iiij s. per diem for xvij Knights ij s. a peece per diem for 78. esquires xij d. a peece per diem for 100 Archers on horsebacke vj d. a peece per diem Besides he had the command of 24. Archers out of Staffordshire 40. Archers out of worcestershire six Archers out of Shropshire at iiij d. a peece per diem The entertainment of Iames earle of Ormond was for himselfe iiij s. per diem for two Knights ij s. a peece per diem for 27 esquires xij d. a piece per diem for 20 Hoblers armed the Irish Horsemen were so called because they serued on Hobbies vj d. a peece per diem and for 20. Hoblers not armed iiij d. a peece per diem The entertainment of Sir Iohn Carew Banneret was for himselfe iiij s. perdiem for one Knight ij s. per diem for eight squires xij d. a peece per diem for ten Archers on horsebacke vj d. a peece per diem The entertainement of Sir william winsore was for himselfe ij s. per diem for two Knights ij s. a peece per diem for 49. Squiers xij d. a peece per diem for six Archers on horseback vj d. a piece per diem The like entertainment rateably were allowed to diuers Knightes and Gentlemen vpon that List for themselues and their seuerall retinewes whereof some were greater and some lesse as they themselues coulde raise them among their tenants and Followers FOr in ancient times the King himselfe did not leuy his armies by his owne immediate authority or Commission but the Lords and Captaines did by Indenture Couenant with the King to serue him in his Wars with certaine numbers of men for certain wages entertainments which they raised in greater or lesse numbers as they had fauour or power with the people This course hath been changed in later times vpon good reason of State For the Barons and Chiefe Gentlemen of the realme hauing power to vse the Kings prerogatiue in that point became too popular whereby they were enabled to raise forces euen against the Crown it self which since the Statutes made for leuying and mustering of souldiers by the Kings speciall Commission they cannot so easily performe if they should forget their duties THis Lord Lieutenant with this small Army perfourmed no great seruice yet vpon his comming ouer all men who had Land in Ireland were by Proclamation re maunded backe out of England thither and both the Cleargy and Laity of this land gaue two yeares profits of all their Landes and Tithes towards the maintenance of the war heere only he suppressed some Rebels in Low Leinster and recouered the Maritime parts of his erldome of Vlster But his best seruice did consist in the well-gouerning of his army and in holding that famous Parliament at Kilkenny wherein the extortion of the souldier and the degenerat maners of the English briefly spoken of before were discouered and Lawes made to reforme the same which shall bee declared more at large heereafter THe next Lieutenant transmitted with any forces out of England was Sir VVilliam winsore who in the 47 yeare of King Edward the third vndertooke the Custodie not the Conquest of this Land for now the English made rather a Defensiue then an inuasiue war and withal to defray the whol charge of the kingdome for eleauen thousand two hundred thirteene pounds six shillings and eight pence as appeareth by the Indenture betweene him and the King remaining of Record in the Tower of London But it appeareth by that which Froissard reporteth that Sir william winsore was so farre from subduing the Irish as that himselfe reported That he could neuer haue accesse to vnderstande and know their Countries albeit he had spent more time in the seruice of Ireland then any Englishman then liuing ANd heere I may well take occasion to shewe the vanity of that which is reported in the Story of walsingham touching the reuennue of the Crown in Ireland in the time of king Edward the third For he setting forth the State of things there in the time of King Richard the 2. Writeth thus Cum Rex Angliae illustris Edwardus tertius illic posuisset Bancum suum at◠Iudices cum Scaccario percepit inde ad Regalem Fiscum annuatim triginta millia librarum modò propter absentiam ligeorum hostium potentiam nihil inde venit sed Rex per annos singulos de suo Marsupio terrae defensoribus soluit Triginta millia marcarum ad regni sui dedecus et fisci grauissimum detrimentū If this Writer had knowne that the Kings Courts had beene established in Ireland more then a hundred yeares before King Edw. 3. was borne or had seene eyther the Parliament Rols in England or the Records of the Receits and yssues in Ireland he had not left this vaine report to posterity For both the Benches and the Exchequer were erected in the twelfth year of King Iohn And it is recorded in the Parliament Rols of 21 of Edward the third remaining in the Tower that the Commons of England made petition that it might be enquired why the King receiued no benefit of his land of Ireland considering he possessed more there then any of his Ancestors had before him Now if the King at that time when there were no Standing forces maintained there had receiued 30000. pound yearely at his Exchequer in Ireland he must needes haue made profit by that land considering that the whole charge of the kingdome in the 47. yeare of Edward the third when the King did pay an army there did amount to no more then eleuen thousand and two hundred pounds per annum as appeareth by the contract of Sir VVilliam winsore Besides it is manifest by the Pipe-Rolles of that time wherof many are yet preserued in Breminghams Tower and are of better credite then any Monkes story that during the raigne of King Edward the third the reuenew of the Crowne of Ireland both certaine and casuall did not rise vnto 10000. li. per annum though the Medium be taken of the best seauen years that are to bee found in that Kinges time The like Fable hath Hollingshead touching the reuennue of the Earledome of Vlster which saith hee in the time of king Richard the second was thirty thousand Markes by the yeare whereas in truth though the Lordships of Conaght and Meth which were then parcell of the inheritaunce of the Earle of Vlster be added to the accompt the reuennew of that earledome came not to the thirde part of that he writeth For the Accompt of the profits of Vlster
pretending that hee was a most able and willing person to performe seruice there because he had a great inheritance of his owne in Ireland namely the Earledom of Vlster and the Lordships of Conaght Meth by discent from Lionell Duke of Clarence We do not finde that this great Lord came ouer with any numbers of waged souldiers but it appeareth vpon what good termes hee tooke that Gouernment by the Couenants betweene the King and him which are recorded and confirmed by Acte of Parliament in Ireland and were to this effect 1. That he should be the Kings Lieutenant of Ireland for ten yeares 2. That to support the charge of that Countrey he should receiue al the kings reuennewes there both certaine and casual without accompt 3. That he should bee supplyed also with treasure out of England in this maner he should haue four thousand Markes for the first yeare whereof he should bee imprested 2000. li. before hand and for the other nine yeares hee should receiue 2000. li. per annum 4. That hee might Let to Ferme the Kings Landes and place and displace all Officers at his pleasure 5. That he might leuy and wage what numbers of men he thought fit 6. That he might make a Deputy and returne at his pleasure We cannot presume that this Prince kept any great army on foote aswell because his means out of England were so meane and those ill paide as appeareth by his passionate letter written to the Earl of Salisbury his brother in Law the Coppy whereof is Registred in the Story of this time as also because the whole Lande except the English Pale and some part of the Earledome of Vlster vppon the Sea Coasts were possest by the Irish. So as the Reuennew of the Kingdome which he was to receiue did amount to little He kept the Borders Marches of the Pale with much adoo he held many Parliaments wherein sundry Lawes were made for erecting of Castles in Louth Meth and Kildare to stop the incursions of the Irishrie And because the souldiers for want of pay were sessed and laide vppon the subiects against their willes vpon the prayer and importunitie of the Commons this extortion was declared to be High-Treason But to the end that some meanes might be raised to norish some forces for defence of the Pale by another Acte of Parliament euery twenty pound Land was charged with the furnishing and maintenance of one Archer on horsebacke Besides the natiue subiects of Ireland seeing the kingdome vtterly ruined did passe in such numbers into England as one Law was made in England to transmit them backe againe and another Law made heere to stop their passage in euery Port creeke Yet afterwards the greatest partes of the Nobility and Gentry of Meth past ouer into England and were slaine with him at wakefield in Yorkshire Lastly the State of England was so farre from sending an army to subdue the Irish at this time as among the Articles of greeuances exhibited by the Duke of Yorke against K. Henry the sixte this was one That diuers Lords about the King had caused his Highnesse to write Letters vnto some of his Irish enemies whereby they were encouraged to attempt the conquest of the said Land Which Letters the same Irish enemies had sent vnto the Duke maruailing greatlie that such Letters should be sent vnto them speaking therein great shame of the Realme of England After this when this great Lorde was returned into England and making claime to the Crowne beganne the Warre betwixt the two Houses It cannot bee conceiued but that the kingdome fell into a worse and weaker estate WHen Edward the fourth was setled in the kingdome of England he made his Brother George Du. of Clarence Lieutenant of Ireland This Prince was born in the Castle of Dublin during the Gouernment of his father the Duke of Yorke yet did hee neuer passe ouer into this kingdome to gouerne it in person though hee held the Lieutenancie many yeares But it is manifest that King Edward the fourth did not pay any army in Ireland during his raigne but the men of war did pay themselues by taking Coigne and Liuery vppon the Countrey which extortion grew so excessiue and intollerable as the Lord Tiptoft being Deputy to the Duke of Clarence was enforced to execute the Law vppon the greatest Earle in the Kingdome namely Desmond who lost his head at Drogheda for this offence Howbeit that the State might not seeme vtterly to neglect the defence of the Pale there was a fraternity of men at armes called the Brother-hood of S. George erected by Parlament the 14. of Edward the fourth consisting of thirteene the most Noble and woorthy persons within the foure shires Of the first foundation were Thomas Earle of Kildare Sir Rowland Eustace Lord of Port-lester and Sir Robert Eustace for the County of Kildare Robert Lord of Howth the Maior of Dublin and Sir Robert Dowdall for the County of Dublin the Vicount of Gormauston Edward Plunket Seneshall of Meth Alexander Plunket and Barna be Barnewale for the County of Meth the Maior of Drogheda Sir Lawraunce Taaffe and Riehard Bellewe for the Countie of Lowtb These and their successors were to meet yearely vpon S. Georges day and to choose one of themselues to be Captaine of that Brother-hood for the next yeare to come Which Captaine shold haue at his commaund 120. Archers on horsebacke 40. horsemen and forty Pages to suppresse Out-lawes and rebels The Wages of euery Archer should be vj. pence Per diem euery horseman v. d. Per diem and foure Markes Per annum And to pay these entertainments and to maintain this new fraternity there was granted vnto them by the same Act of Parlament a subsidie of Pondage out of all Marchandizes exported or imported thoroughout the Realme hydes and the goods of Free-men of Dublin Drogheda onely excepted These 200. men were al the standing forces that were then maintained in Ireland And as they were Natiues of the kingdom so the kingdom it selfe did pay their wages without expecting any treasure out of England BVt now the warres of Lancaster and Yorke being ended and Henrie the seuenth being in the actuall peaceable possession of the kingdome of England let vs see if this King did send ouer a Competent Armie to make a perfect Conquest of Ireland Assuredly if those two I dolles or counterfets which were set vp against him in the beginning of his raign had not found footing and followers in this Lande King Henrie the seuenth had sent neither horse nor foote hither but let the Pale to the Guard and defence of the fraternitie of Saint George which stood till the tenth year of his raigne And therefore vpon the erection of the first I doll which was Lambert the Priests Boy he transmitted no forces but sent ouer Sir Richard Edgecomb with Commission to take an Oath of
many years together yet the sundry rebellions ioyned with forraign inuasions vpon this Island whereby it was in danger to be vtterly lost to bee possessed by the enemies of the Crowne of England did quicken her Maiesties care for the preseruation thereof and to that end from time to time during her raigne she sent ouer such supplies of men and treasure as did suppresse the Rebels and repell the inuaders Howbeit before the transmitting of the last great army the forces sent ouer by Queene Elizabeth were not of sufficient power to break and subdue all the Irishry and to reduce and reforme the whole Kingdome but when the generall defection came which came not without a special prouidence for the final good of that kingdome though the second causes thereof were the faint prosecution of the Warre against Tyrone the practises of Priests and Iesuites the expectation of the ayds froÌ„ Spaine Then the extreame perill of loosing the Kingdome the dishonor danger that might thereby growe to the Crowne of England together with a iust disdaine conceiued by that great-minded Queene that so wicked and vngratefull a Rebell should preuayle against Her who had euer been victorious against all her enemies did moue and almost enforce her to send ouer that mighty army and did withall enflame the hearts of the Subiects of England chearefully to contribute to wardes the maintaining thereof a Million of sterling poundes at least which was done with a purpose only to Saue and not to Gaine a kingdom To keep and retaine that Soueraignetie which the Crowne of England had in Ireland such as it was and not to recouer a more absolute Dominion But as it falleth out many times that when a house is on fire the Owner to saue it from burning pulleth it downe to the ground but that pulling downe doeth giue occasion of building it vp againe in a better forme So these last warres which to saue the Kingdome did vtterly breake distroy this people produced a better effect then was at first expected For euery Rebellion when it is supprest dooth make the subiect weaker and the Prince stronger So this general reuolt when it was ouercom did produce a generall Obedience Reformation of al the Irishrie which euer before had beene disobedient vnreformed thereupon ensued the finall and full conquest of Ireland And thus much may suffice to bee spoken touching the defectes in the martiall affayres and the weake faint prosecution of the warre and of the seuerall Impediments or imployments which did hinder or diuert euery King of England successiuely from reducing Ireland to their absolute subiection IT now remaineth that wee shew the defects of the Ciuil Pollicy Gouernment which gaueno lesse impediment to the perfection of this Conquest THe first of that kinde doeth consist in this That the Crown of England did not from the beginning giue Lawes to the Irishry whereas to giue Lawes to a conquered people is the principall marke and effect of a perfect Conquest For albeit King Henrie the second before his returne out of Ireland held a Counsell or Parliament at Lissemore Vbi Leges Angliae ab omnibus sunt gratanter receptae Iuratoria Cautione Prastita confirmatae as Marth Paris writeth And though King Iohn in the 12. yeare of his raigne did establish the English Lawes and Customes heere and placed Sheriffes and other Ministers to rule and gouerne the people according to the Law of England and to that end Ipse duxit secum viros discretos legis peritos quorum communi consilio statuit praecepit leges Anglicanas teneri in Hibernia c. as wee finde it recorded among the Patent Rolles in the Tower 11. Hen. 3. m. 3. Though likewise King Henrie the third did graunt transmit the like Charter of liberties to his subiects of Ireland as himselfe and his Father had graunted to the Subiects of England as appeareth by another Recorde in the Tower 1. Hen 3. Pat. m. 13. And afterwards by a speciall Writ did commaund the Lord Iustice of Ireland Quod conuocatis Archiepiscopis Episcopis Comitibus Baronibus c. Coram eis legi faceret Chartam Regis Iohannis quam ipse fecit iurari à Magnatibus Hiberniae de legibus Constitutionibus Angliae obseruandis quod leges illas tencant obseruent 12. Hen. 3. Claus. m. 8. And after that againe the same King by Letters Patents vnder the great seale of England did confrime the establishment of the English Lawes made by King Iohn in this forme Quia pro Communi vtilitate terrae Hiberniae ac vnitate terrarum de Communi Consilio prouisum sit quod omnes leges consuetudines quae in regno Angliae tenentur in Hiberniâ teneantur eadem terra eiusdem legibus subiaceat ac per easdem regatur sicut Iâ—hanes Rex cumiliuc esset Statuit firmiter mandauit ideo volumus quod omnia breuia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub nouo sigillo nostro c. Teste meipso apud woodstocke c. Which confirmation is found among the PatentRolles in the Tower Anno 30. Hen. 3. Notwithstanding it is euident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry which were enfranchised by special Charters wer admitted to the benefit and protection of the Lawes of England and that the Irish generally were held and reputed Aliens or rather enemies to the Crowne of England insomuch as they were not only disabled to bring anie actions but they were so farre out of the protection of the Lawe as it was often adiudged no fellony to kill a meere Irish-man in the time of peace That the meere Irish were reputed Aliens appeareth by sundrie Records wherein Iudgement is demanded if they shall be answered in Actions brought by them and likewise by the Charters of Denization which in all Ages were purchased by them In the common plea-Rolles of 28. Edward the third which are yet perserued in Breminghams Tower this case is adiudged Simon Neal brought an action of trespasse against william Newlagh for breaking his Close in Claudalkin in the County of Dublin the Defendant doth plead that the plaintiffe is Hibernicus non de Quinque sanguinibus and demandeth iudgement if he shall be answered The Plaintiffe replieth Quod ipse est de quinque sanguinibus viz De les Oneiles de Vlton qui per Concessionem progenitoruÌ„ Domini Regis Libertatibus Anglicis gaudere debent vtuntur proliberis hominibus reputantur The Defendant reioyneth that the Plaintiffe is not of the Oneales of Vlster Nec de quinque sanguinibus And thereupon they are at yssue Which being found for the Plaintiffe he had Iudgement to recouer his dammages against the Defendant By this Record it apeareth that fiue principal blouds or Septs of the Irishry were
per interfectionem praedict ā cōmittere non potuit quia dicit praedict Rogerus Hibernic est et nō de libero sanguine dicit etiā qd praedict Rogerus fuit de Cognomine de Ohederiscal et non de cognonime de cautetons et de hoc ponit se super patriam c. Et Iurati dicunt super Sacram. suum quod praedictus Rogerus Hibernicus fuit et de cognonime de Ohederiscall pro Hibernico habebatur tota vita sua Ideo praedict Willielmus quoad feloniam praedict quietus Sed quia praedictus Rogerus Ottederiscall suit Hibernicus Domini Regis praedict Willielmus recommittatur Gaolae quovsque plegios inuenerit de quinque marcis soluendis Domino Regi pro solutione praedicti Hiberntci But on the otherside if the Iurie had found that the party slaine had beene of English race and Nation it had bin adiudged fellony as appeareth by a Record of 29. of Edward the first in the Crowne-Office heere Coram Waltero Lenfant et socijs suis Iustitiarijs Itinerantibus apud Drogheda in Comitatu Louth Iohannes Laurens indictat de morte Galfridi Douedal venit non dedicit mortem praedictam sed dicit quod praedict Galfridus fuit Hibernicus et non de libero sanguine et de bono et malo ponit se super patriam c. Et Iurat dicunt super Sacram. suum quod praedict Galfridus Anglicus fuit et ideo praedict Iohannes culpabilis est de morte Galfridi praedict Ideo suspend Catalla 13. s. vnde Hugo de Clinton Vicecom respondet Hence it is that in all the Parliament Rolles which are extant from the fortith yeare of Edward the thirde when the Statutes of Kilkenny were enacted till the raigne of King Henry the eight we finde the degenerat and disobedient English called Rebelles but the Irish which were not in the Kings peace are called Enemies Statute Kilkenny c. 1. 10. and 11. 11. Hen. 4. c. 24. 10. Hen. 6. c. 1. 18. 18. Hen. 6. c. 4. 5. Edw. 4. c. 6. 10. Hen. ◠c. 17. All these Statutes speak of English Rebels and Irish Enemies as if the Irish had neuer bin in condition of Subiectes but alwaies out of the protection of the Law and were indeede in worse cafe then Aliens of any forren Realme that was in amity with the Crowne of England For by diuers heauie paenall Lawes the English were forbidden to marry to foster to make Gossippes with the Irish or to haue anie Trade or commerce in their Markets or Fayres nay there was a Law made no longer since then the 28. yeare of Henrie the eight that the English should not marry with any person of Irish blood though he had gotten a Charter os Denization vnlesse he had done both homage and fealty to the King in the Chancery and were also bound by Recognisaunce with sureties to continue a loyall subiect Whereby it is manifest that such as had the Gouernment of Ireland vnder the Crowne of England did intend to make a perpetuall separation and enmity betweene the English and the Irish pretending no doubt that the English should in the end roote out the Irish which the English not being able to do did cause a perpetuall Warre betweene the nations which continued foure hundered and odde yeares and would haue lasted to the Worlds end if in the end of Queene Elizabeths raigne the Irishry had not beene broken and conquered by the Sword And since the beginning of his Maiesties raigne had not bin protected and gouerned by the Law BVt perhaps the Irishry in former times did wilfully refuse to be subiect to the Lawes of England and would not be partakers of the benefit thereof though the Crowne of England did desire it and therefore they were reputed Aliens Out-lawes and enemies Assuredly the contrarie doth appeare aswel by the Charters of Denization purchased by the Irish in all ages as by a petition preferred by them to the King Anno 2. Edward the third desiring that an Act might passe in Ireland whereby all the Irishrie might be inabled to vse and inioy the Lawes of England without purchasing of particular Denizations Vppon which petition the King directed a speciall Writ to the Lorde Iustice which is found amongst the CloseRolles in the Tower of London in this forme Rex dilecto fideli suo Iohannis Darcile Nepieu Iustic suo Hiberniae Salutem Exparte quorundam hominum de Hibernia nobis extitit supplicatum vt per Statutum inde faciendum concedere velimus quod omnes Hibernici qui voluerint legibus vtatur Anglicanis ita quod necesse non habeant super hoc Chartas alienas à nobis impetrare nos igitur Certiorari volentes si sine alieno praeiudicio praemissis annuere valeamus vobis mandamus quod voluntatem magnatum terr illius in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia perscrutari facias et de eo quod inde inueneritis vna cum Consilio et aduisamento nobis certificetis c. Whereby I collect that the great Lordes of Ireland had informed the King that the Irishry might not be naturalized without damage and preiudice either to them selues or to the Crowne But I am well assured that the Irishrie did desire to bee admitted to the benefit of the Law not onely in this petition exhibited to king Edward the third but by all their submissions made to King Richard the second and to the Lord Thomas of Lancaster before the warres of the two Houses and afterwards to the Lord Leonard Gray Sir Anthony Saint-Leger when K. Henry the eight began to reforme this kingdome In particular the Birnes of the Mountaines in the 34. of Henrie the 8 desire that their Countrey might bee made Shire-ground and called the County of wicklow And in the 23. of Henry the eight O Donnel doth Couenant with Sir VVilliam Skeffington Quod si Dominus Rex velit reformare Hiberniam whereof it should seeme hee made some doubt that hee and his people would gladly bee gouerned by the Lawes of England Onely that vngratefull Traitour Tirone though hee had no colour or shadowe of Title to that great lordship but only by grant from the Crowne and by the Law of England for by the Irish Law he had beene ranked with the meanest of his Sept yet in one of his Capitulations with the State hee required that no Sheriffe might haue iurisdiction within Tirone and consequently that the Lawes of England might not be executed there Which request was neuer before made by O Neale or any other Lorde of the Irishry when they submitted themselues but contrariewise they were humble sutors to haue the benefit and protection of the English Lawes THis then I note as a great defect in the Ciuill policy of this kingdom in that for the space of 350. yeares at least after the Conquest first attempted the English lawes were not communicated to the
of Kildare to bee arrested and committed to the Castle of Dublin indited imprisoned manie other disobedient subiects called in and cancelled such Charters as wer lately before resumed and proceeded euery way so roundly and seuerely as the Nobility which were wont to suffer no controulment did much distast him and the Commons who in this Land haue euer bin more deuoted to their immediate Lords heer whom they saw euery day then vnto their Soueraigne Lord King whom they neuer sawe spake ill of this Gouernor as of a rigorous cruel man though in troth hee were a singular good Iusticer and if he had not dyed in the second yeare of his gouernment was the likeliest person of that Age to haue reformed and reduced the degenerate English Colonies to their natural obedience of the crown of England THus much then wee may obserue by the way that Maurice Fitz-Thomas the first Earle of Desmond was the first English Lord that imposed Coign and Liuery vpon the Kings subiectes and the first that raised his estate to immoderate greatnesse by that wicked Extortion and Oppression that he was the first that reiected the English Lawes and Gouernement and drew others by his example to do the like that he was the first Peere of Ireland that refused to come to the Parlament summoned by the Kinges Authority that he was the first that made a diuision and distinction betweene the English of bloud and the English of birth AND as this Earle was the onelie Authour and first Actour of these mischiefes which gaue the greatest impediment to the full Conquest of Ireland So it is to bee noted that albeit others of his ranke afterwardes offended in the same kinde whereby their Houses were many times in danger of ruin yet was there not euer any Noble house of English race in Ireland vtterly destroyed and finally rooted out by the hand of Iustice but the house of Desmond onely nor any Peere of this Realme euer put to death though diuers haue bin attainted but Tho Fitz-Iames the Earle of Desmond only and onely for those wicked Customes brought in by the first Earle and practised by his posterity though by seuerall Lawes they were made High-Treason And therfore though in the 7. of Edward the 4. during the Gouernment of the Lord Tiptoft Earle of worcester both the Earles of Desmond and Kildare were attainted by Parlament at Drogheda for alliance and fostering with the Irish and for taking Coign and Liuery of the Kings subiects yet was Desmond only put to death for the Earle of Kildare receiued his pardon And albeit the sonne of this Earl of Desmond who lost his head at Drogheda were restored to the Earldom yet could not the kings grace regenerate obedience in that degenerate house but it grew rather more wilde and barbarous then before For from thencefoorth they reclaimed a strange priuiledge That the Earles of Desmond should neuer come to any Parliament or Graund-Counsell or vvithin any walled towne but at their will and pleasure Which pretended Priuiledge Iames Earle of Desmond the Father of Girald the last Earle renounced and surrendred by his Deed in the Chancery of Ireland in the 32. of Henry the eight At what time among the meer Irishry hee submitted himselfe to Sir Anthony Saint-Leger then Lord Deputy tooke an Oath of Allegiance Couenanted that he would suffer the law of England to bee executed in his Countrey and assist the Kinges Iudges in their Circuits and if any Subsidies should be granted by Parlament he would permit the same to be leuied vppon his Tenants and followers Which Couenants are as straunge as the priuiledge it selfe spoken of before But that which I conceiue most worthy of Obseruation vpon the fortunes of the house of Desmond is this that as Maurice Fitz-Thomas the first Earl did first raise the greatnes of that house by Irish exactions and oppressions so Girald the last Earle did at last ruine and reduce it to nothing by vsing the like extortions For certain it is that the first occasion of his rebellion grew from hence that when he attempted to charge the Decies in the County of waterford with Coigne and Liuerie Blacke Rents and Cosheries after the Irish maner hee was resisted by the Earle of Ormond and vppon an encounter ouerthrowne and taken prisoner which made his heart so vnquiet as it easily conceiued treason against the Crowne and broght forth actuall and open Rebellion wherein he perished himselfe and made a final extinguishment of his house and honour Oppression and extortion did maintain the greatnesse and oppression and extortion did extinguish the greatnesse of that house Which may well be exprest by the old Embleme of a Torch turned downewards with this word Quod me alit extinguit NOw let vs returne to the course of reformation helde and pursued heere after the death of Sir Raphe Vfford which hapned in the twentieth yeare of K. Edward 3. After which time albeit all the power and Counsell of England was conuerted towards the Conquest of Fraunce yet was not the worke of reformation altogether discontinued For in the 25. yeare of K. Edward the third Sir Thomas Rookeby another worthy Gouernor whome I haue once before named held a Parlament at Kilkenny wherein many excellent Lawes were propounded and enacted for the reducing of the English Colonies to their Obedience which Lawes we find enrolled in the Remembrauncers Office heere and differ not much in substaunce from those other statutes of Kilkenny which not long after during the Gouernement of Lionell Duke of Clarence were not only enacted but put in execution This Noble Prince hauing married the Daughter and Heire of Vlster and beeing likewise a Coparcener of the County of Kilkenny in the 36. year of King Edward the thirde came ouer the Kings Lieutenant attended with a good retinue of martiall men as is before remembred and a Graue and Honorable Counsell aswel for peace as for warre But because this Armie was not of a Competent strength to breake and subdue all the Irishry although he quieted the borders of the English Pale and helde all Ireland in awe with his name and presence The principall seruice that hee intended was to reforme the degenerate English Colonies and to reduce them to obedience of the English Lawe and Magistrate To that end in the fortith yeare of King Edward the third he held that famous Parlament at Kilkenny wherein many notable lawes wer enacted which doo shew and lay open For the Law doth best discouer enormities how much the English Colonies were corrupted at that time and doe infallibly prooue that which is laide down before That they were wholy degenerate and faln away from their obedience For first it appeareth by the Preamble of these Lawes that the English of this Realme before the comming ouer of Lionel Duke of Clarence were at that time becom meere Irish in their Language Names Apparrell and all their maner of liuing and