Hiberniae Tritavus Domini Regis nunc fuit in Hibernia legem Anglicorum in Hibernia usque ad hunc diem haberc secundum ipsam legem judicari deduci debent And so pleaded the Charter of Denization granted to the Oostmen recited before All which appeareth at large in the said Record Wherein we may note that the killing of an Irish man was not punished by our Law as Man-slaughter which is Fellony and Capital for our Law did neither protect his life nor revenge his death but by a Fine or pecuniary punishment which is called an Erick according to the Brehon or Irish Law Again at a Gaol-delivery before the same Lord Justice at Limerick in the Roll of the same year we finde that Willielmus filius Rogeri rectatus de morre Rogeri de Canteton felonice per ipsum interfecti venit dicit quod feloniam per interfectionem praedictam committere non potuit quia dicit quod praedict Rogerus Hibernic est non de libero sanguine dicit etiam quod praedict Rogerus fuit de Cognomine de Ohederiscal non de cognonime de Cantetons de hoc ponit se super patriam c. Et Jurati dicunt super Sacram. suum quod praedictus Rogerus Hibernicus fuit de cognonime de Ohederiscal pro Hibernico habebatur tota vita sua Ideo praedict Willielmus quoad feloniam praedict quietus Sed quia praedictus Rogerus Ottederiscal fuit Hibernicus Domini Regis praedict Willielmus recommittatur Gaolae quousque plegios invenerit de quinque marcis solvendis Domino Regi pro solutione praedicti Hibernici But on the other side if the Jury had found that the party slain had been of English race and Nation it had been adjudged Fellony as appeareth by a Record of 29 of Edward the first in the Crown-Office here Coram Waltero Lenfant sociis suis Justitiariis Itinerantibus apud Drogheda in Comitatu Louth Johannes Laurens indictat de morte Galfridi Douedal venit non dedicit mortem praedictam sed dicit quod praedict Galfridus fuit Hibernicus non de libero sanguine dâ— bono malo ponit se super patriam c. Et Jurat dicunt super Sacram. suum quod praedict Galfridus Anglicus fuit ideo praedict Johannes culpabilis eâ—â— de morte Galfridi praedict Ideo suspend Catalla 13. s. unde Hugo de Clinton Vicâ— com respondet Hence it is that in all the Parliament Rolls which are extant froâ— the fortieth year of Edward the third when the Statutes of Kilkenny were enacted till the Reign of King Henry the eighth we finde the degenerate and disobedient English called Rebels 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. 7. c. 17. All these Statutes speak of English Rebels and Irish Enemies as if the Irish had never been in condition of Subjects but always out of the Protection of the Law and were indeed in worse case than Aliens of any Forreign Realm that was in Amity with the Crown of England For by divers heavy Penal Laws the English were forbidden to marry to foster to make Gossips with the Irish or to have any trade or commerce in their Markets or Fairs nay there was a Law made no longer since than the 28 year of Henry the eighth that the English should not marry with any person of Irish blood though he had gotten a Charter of Denization unless he had done both Homage and Fealty to the King in the Chancery and were also bound by Recognizance with sureties to continue a Loyal Subject Whereby it is manifest that such as had the Government of Ireland under the Crown of England did intend to make a perpetual separation and enmity between the English and the Irish pretendng no doubt that the English should in the end root cut the Irish which the English not being able to do did cause a perpetual War between the Nations which continued four hundred and odde years and would have lasted 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 his Majesties Reign had not been protected and governed by the Law BUt perhaps the Irishry in former times did wilfully refuse to be subject to the Laws of England and would not be partakers of the benefit thereof though the Crown of England did desire and therefore they were reputed Aliens Out-laws and Enemies Assuredly the contrary doth appear as well 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 pass in Ireland whereby all the Irishry might be inabled to use and enjoy the Laws of England without purchasing of particular Denizations Upon which Petition the King directed a special Writ to the Lord Justice which is found amongst the Close-Rolls in the Tower of London in this form Rex dilecto fideli suo Johanni Darcile Mepieu Justic suo Hiberniae Salutem Ex parte quorundam hominum de Hibernia nobis extitit supplicatum ut per Statutum inde faciendum concedere velimus quod omnes Hibernici qui voluerint legibus utatur Anglicanis ita quod necesse non habeant super hoc Chartas alienas à nobis impetrare nos igitur Certiorari volentes si sine alieno praejudicio praemissis annuere valeamus vobis mandamus quod voluntatem magnatum terrae illius in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia perscrutari facias de eo quod inde inveneritis una cum Consilio advisamento nobis certificetis c. Whereby I collect that the great Lords of Ireland had informed the King that the Irishry might not be naturalized without damage and prejudice either to themselves or to the Crown But I am well assured that the Irishry did desire to be 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 Wars of the two Houses and afterwards to the Lord Leonard Grey and Sir Anthony Saint-Leger when King Henry the eighth began to reform this Kingdom In particular the Birns of the Mountains in the 34 of Henry the eighth desire that their Countrey might be made Shire-ground and called the County of Wicklow And in the 23 of Henry the eighth O Donnel doth Covenant with Sir William Skeffington Quod si Dominus Rex velit reformare Hiberniam whereof it should seem he made some doubt that he and his people would gladly be governed by the Laws of England Only that ungrateful Traytor Tirone though he
condemned and abolished and the use and practice thereof made High-Treason But this Law extended to the English only and not to the Irish For the Law is penned in this form Item Forasmuch as the diversity of Government by divers Laws in one Land doth make diversity of ligeance and debates between the people It is accorded and established that hereafter no English man have debate with another English man but according to the course of the Common Law And that no English man be ruled in the definition of their debates by the March-Law or the Brehon Law which by reason ought not to be named a Law but an evil Custom but that they be ruled as right is by the common Law of the Land as the Lieges of our Soveraign Lord the King And if any do to the contrary and thereof be attainted that he be taken and imprisoned and judged as a Traytor And that hereafter there be no diversity of ligeance between the English born in Ireland and the English born in England but that all be called and reputed English and the Lieges of our Soveraign Lord the KING c. This Law was made only to reform the degenerate English but there was no care taken for the reformation of the meer Irish no Ordinance no provision made for the abolishing of their barbarous Customs and manners Insomuch as the Law then made for Apparel and riding in Saddles after the English fashion is penal only to English men and not to the Irish But the Roman State which conquered so many Nations both barbarous and Civil and therefore knew 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 put them out of their protection after they had once submitted themselves But contrariwise it is said of Julius Caesar Quâ vicit victos protegit ille manu And again of another Emperor Fecisti patriam diversis gentibus unam Profuit invitis te dominante capi Dumque offers victis proprii consortia juris Vrbem fecisti quod priùs orbis erat And of Rome it self Haec est in gremium vict os quae sola recepit Humanumque genus communi nomine fovit Matris non dominae ritu Civesque vocavit Quos domuit nexusque pio longinqua revinxit Therefore as Tacitus writeth Julius Agricola the Romane General in Brittany used this policy to make a perfect Conquest of our Ancestours the ancient Brittains They were saith he rude and dispersed and therefore prone upon every occasion to make war but to induce them by pleasure to quietness and rest he exhorted them in private and gave them helps in common to build Temples Houses and places of publick resort The Noblemens Sons he took and instructed in the Liberal Sciences c. preferring the wits of the Brittains before the Students of France as being now curious to attain the Eloquence of the Romane Language whereas they lately rejected that speech After that the Roman Attire grew to be in account and the Gown to be in use among them and so by little and little they proceeded to curiosity and delicacies in Buildings and furniture of Houshould in Bathes and exquisite Banquets and so being come to the heighth of Civility they were thereby brought to an absolute subjection LIkewise our Norman Conqueror though he oppressed the English Nobility very sore and gave away to his servitors the Lands and possessions of such as did oppose his first invasion though he caused all his Acts of Counsel to be published in French and some legal proceedings and pleadings to be framed and used in the same tongue as a mark and badge of a conquest yet he governed All both English and Normans by one and the same Law which was the ancient common Law of England long before the Conquest Neither did he deny any English Man that submitted himself unto him The benefit of that Law though it were against a Norman of the best rank and in greatest favour as appeared in the notable Controversie between Warren the Norman and Sherburne of Sherburne Castle in Norfolke for the Conqueror had given that Castle to Warren yet when the Inheritors thereof had alledged before the King that he never boar Armes against him that he was his subject as well as the other and that he did inherit and hold his Lands by the rules of that Law which the King had established among all his Subjects The King gave judgment against Warren and commanded that Sherborne should hold his land in peace By this means himself obtained a peaceable possession of the Kingdom within few years whereas if he had cast all the English out of his protection and held them as Aliens and Enemies to the Crown the Normans perhaps might have spent as much time in the Conquest of England as the English have spent in the Conquest of Ireland THe like prudent course hath been observed in reducing of Wales which was performed partly by King Edward the first and altogether finished by King Henry the eighth For we find by the Statute of Rutland made the 12. of Edward the first when the Welshmen had submitted themselves De alto Basso to that King he did not reject and cast them off as Out-lawes and Enemies but caused their Laws and customs to be examined which were in many points agreeable to the Irish or Brehon Law Quibus diligenter auditis plenius intellectis quasdam illarum saith the King in that Ordinance Consilio procerum delevimus quasdam permissimus quasdam correximus ac etiam quasdam alias adjiciendas faciend decrevimus and so established a Common-wealth among them according to the form of the English Government After this by reason of the sundry insurrections of the Barons the Wars in France and the dissention between 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 Henry the eighth by the Statutes of 27. and 32. of his raign did revive and recontinue that Noble work begun by King Edward the first and brought it indeed to full perfection For he united the Dominion of Wales to the Crown of England and divided it into Shires and erected in every Shire one Burrough as in England and enabled them to send Knights and Burgesses to the Parliament established a Court of Presidency and ordaâ—ned that Justices of Assise and Gaol-delivery should make their half year circuits there as in England made all the Laws and Statutes of England in force there and among other Welsh Customs abolished that of Gavel-kinde whereby the Heirs-Females were utterly excluded and the Bastards did inherit as well as the Legitimate which is the very Irish Gavel-kinde By means whereof that entire Country in a short
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
seed of Reformation because they were not first broken and mastered again with the sword Besides the Irish Countreys which contained two third parts of the Kingdom were not reduced to Shire-ground so as in them the Laws of England could not possibly be put in execution Therefore these good Laws and provisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little use can be made till the Lute be made fit to be plaid upon And that the execution of all these Laws had no greater latitude than the Pale is manifest by the Statute of the thirteenth of Henry the eighth cap. 3. which reciteth that at that time the Kings Laws were obeyed and executed in the four shires onely and yet then was the Earl of Surrey Lieutenant of Ireland a Governor much feared of the Kings Enemies and exceedingly honored and beloved of the Kings subjects And the Instructions given by the state of Ireland to John Allen Master of the Rolls employed into England neer about the same time do declare as much wherein among other things he is required to advertise the King that his Land of Ireland was so much decayed as that the Kings Laws were not obeyed twenty miles in compass Whereupon grew that By-word used by the Irish viz. That they dwelt By-west the Law which dwelt beyond the River of the Barrow which is within thirty miles of Dublin The same is testified by Baron Finglas in his Discourse of the decay of Ireland which he wrote about the twentieth year of King Henry the eighth And thus we see the effect of the Reformation which was intended by Sir Edward Poynings THE next Attempt of Reformation was made in 28 year of King Henry the eighth by the Lord Leonard Gray who was created Viscount of Grane in this Kingdom and held a Parliament wherein many excellent Laws were made But to prepare the mindes of the people to obey these Laws he began first with a Martial course For being sent over to suppress the Rebellion of the Giraldines which he performed in few moneths he afterwards made a victorious Circuit round about the Kingdom beginning in Offaly against O Connor who had aided the Giraldines in their Rebellion and from thence passing along through all the Irish Countreys in Leinster and so into Munster where he took pledges of the degenerate Earl of Desmond and thence into Conaght and thence into Vlster and then concluded this Warlike Progress with the Battel of Belahoo in the borders of Meath as is before remembred The principal Septs of the Irishry being all terrified and most of them broken in this journey many of their chief Lords upon this Deputies return came to Dublin and made their submissions to the Crown of England namely the O Neals and O Relies of Vlster Mac Murrogh O Birn and O Carrol of Leinster and the Bourks of Conaght This preparation being made he first propounded and passed in Parliament these Laws which made the great alteration in the State Ecclesiastical namely the Act which declared King Henry the eighth to be supreme head of the Church of Ireland The Act prohibiting Appeals to the Church of Rome the Act for first-fruits and twentieth part to be paid to the King the Act for Faculties and Dispensations And lastly the Act that did utterly abolish the usurped authority of the Pope Next for the encrease of the Kings Revenue by one Act he suppressed sundry Abbies and Religious Houses and by another Act resumed the Lands of the Absentees as is before remembred And for the Civil Government a special Statute was made to abolish the Black-rents and Tributes exacted by the Irish upon the English Colonies and another Law enacted that the English Apparel Language and manner of living should be used by all such as would acknowledge themselves the Kings Subjects This Parliament being ended the Lord Leonard Gray wâ—s suddenly revokt and put to death in England so as he lived not to finish the work of Reformation whâ—ch he had begun which notwithstanding was weâ—l pursued by his Successor Sir Anthony Saint Leger unto whom all the Lords and Chieftains of the Irishry and of the degenerate English throughout the Kingdom made their several 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 the second the second to King John the third to K. Richard the second and his last to Sir Anthony Saint Leger in 33 H. 8. IN these Indentures of Submission all the Irish Lords do acknowledge King Henry the eighth to be their Soveraign Lord and King and desire to be accepted of him as Subjects They confess the Kings Supremacy in all causes and do utterly renounce the Popes Jurisdiction which I conceive to be worth the noting because when the Irish had once resolved to obey the King they made no scruple to renounce the Pope And this was not onely done by the meer Irish but the chief of the degenerate English Families did perform the same as Desmond Barry and Roche in Munster and the Bourks which bâ—re the title of Mac William in Conaght These Submissions being thus taken the Lord Deputy and Council for the present Government of those Irish Countreys made certain Ordinances of State not agreeable altogether with the Rules of the Law of England the reason whereof is exprest in the Preamble of those Ordinances Quia nondum sic sapiunt leges Jura ut secundum ea jam immediate vivere regi possint The chief points or Articles of which Orders registred in the Council Book are these That King Henry the eighth should be accepted reputed and named King of Ireland by all the Inhabitants of the Kingdom that all Archbishops and Bishops should be permitted to exercise their Jurisdiction in every Diocess throughout the Land that Tythes should be duely set out and paid that Children should not be admitted to Benefices that for every Man-sâ—aughter and theft above fourteen pence committed in the Irish Countrys the offendor should pay a fine of forty pound twenty pound to the King and twenty pound to the Captain of the Countrey and for every theft under fourteen pence a fine of five marks should be paid forty six shilling eight pence to the Captain twenty shillings to the Tanister that Horsemen Kearn should not be imposed upon the common people to be fed maintained by them that the Master should answer for his servants and the Father for his children That Cuttings should not be made by the Lord upon his Tenants to maintain war with his neighbours but onely to bear his necessary expences c. These Ordinances of State being made and published there were nominated and appointed in every Province certain Orderers or Arbitrators who instead of these Irish Brehons should hear and determine
enemies for a time DUring the minority of King Henry the sixth and for the space of seven or eight years after the Lieutenants and Deputies made only a bordering war upon the Irish with small and scattered forces howbeit because there came no Treasure out of England to pay the Souâ—dier the poor English Subject did bear the burthen of the men of war in every place and were thereby so weakned and impoverished as the State of things in Ireland stood very desperately Whereupon the Cardinal of Winchester who after the death of Humfrey Duke of Glocester did wholly sway the State of England being desirous to place the Duke of Somerset in the Regency of France took occasion to remove Richard Duke of York from that Government and to send him into Ireland pretending that he was a most able and willing person to perform service there because he had a great inheritance of his own in Ireland namely the Earldom of Vlster and the Lordships of Conaght and Meth by discent from Lionel Duke of Clarence We do not finde that this great Lord came over with any numbers of waged Souldiers but it appeareth upon what good terms he took that Government by the Covenants between the King and him which are recorded and confirmed by Act of Parliament in Ireland and were to this effect 1. That he should be the Kings Lieutenant of Ireland for ten years 2. That to support the charge of that Country he should receive all the Kings Revenues there both certain and casual without accompt 3. That he should be supplyed also with treasure out of England in this manner he should have four thousand Marks for the first year whereof he should be imprested 2000. li. before hand and for the other nine years he should receive 2000. li. per annum 4. That he might Let to Ferm the Kings Lands and place and dis-place all Officers at his pleasure 5. That he might levy and wage what numbers of men he thought fit 6. That he might make a Deputy and return at his pleasure We cannot presume that this Prince kept any great army on foot as well because his means out of England were so mean and those ill paid as appeareth by his passionate letter written to the Earl of Salisbury his Brother in Law the Copy whereof is Registred in the Story of this time as also because the whole Land except the English Pale and some part of the Earldome of Vlster upon the Sea-Coasts were possest by the Irish So as the Revenue of the Kingdom which he was to receive dâ—d amount to little He kept the borders and Marches of the Pale with much adoe he held many Parliaments wherein sundry Laws were made for erecting of Castles in Louth Meath and Kildare to stop the incursions of the Irishry And because the Souldiers for want of pay were sessed and laid upon the Subjects against their wills upon the prayer and importunity of the Commons this extortion was declared to be High-Treason But to the end that some means might be raised to nourish some forces for defence of the Pale by another Act of Parliament every twenty pound Land was charged with the furnishing and maintenance of one Archer on horseback Besides the native subjects of Ireland seeing the Kingdom utterly ruined did pass in such numbers into England as one Law was made in England to transmit them back again and another Law made here to stop their passage in every Port and Creek Yet afterwards the greatest parts of the Nobility and Gentry of Meth past over into England and were slain with him at Wakefield in Yorkshire Lastly the State of England was so farr from sending an army to subdue the Irish at this time as among the Articles of grievances exhibited by the Duke of Yorke against King Henry the sixth this was one That divers Lords about the King had caused his Highness to write Letters unto 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 unto the Duke marvailing greatly that such Letters should be sent unto them and speaking therein great shame of the Realm of England After this when this great Lord was returned into England and making claim to the Crown began the War betwixt the two Houses It cannot he conceived but that the Kingdom fell into a worse and weaker estate WHen Edward the fourth was setled in the Kingdome of England he made his Brother George Duke of Clarence Lieutenant of Ireland This Prince was born in the Castle of Dublin during the Government of his father the Duke of York yet did he never pass over into this Kingdom to govern it in person though he held the Lieutenancy many years But it is manifest that King Edward the fourth did not pay any Army in Ireland during his Reign but the Men of War did pay themselves by taking Coigne and Livery upon the Country which extortion grew so excesssive and intolerable as the Lord Tiptoft being Deputy to the Duke of Clarence was enforced to execute the Law upon the greatest Earl in the Kingdom namely Desmond who lost his head at Droghedagh for this offence Howbeit that the State might not seem utterly to neglect the defence of the Pale there was a fraternity of men at armes called the Brother-hood of St. George erected by Parliament the 14. of Edward the fourth consisting of thirteen the most Noble and worthy persons within the four shires Of the first foundation were Thomas Earl of Kildare Sir Rowland Eustace Lord of Port-lester and Sir Robert Eustace for the County of Kildare Robert Lord of Howth the Mayor of Dublin and Sir Robert Dowdal for the County of Dublin the Viscount of Gormanston Edward Plunket Senesha I of Meth Alexander Plunket and Barnabe Barnewale for the County of Meth the Mayor of Droghedagh Sir Lawrence Taaffe and Richard Bellewe for the County of Lowth These and their Successors were to meet yearly upon St. Georges day and to choose one of themselves to be Captain of that Brother-hood for the next year to come Which Captain should have at his command 120. Archers on horseback forty horsemen and forty Pages to suppress Out-laws and rebels The wages of every Archer should be six pence Per diem and every Horseman five pence Per diem and four marks Per annum And to pay these entertainments and to maintain this new fraternity there was granted unto them by the same Act of Parliament a subsidy of Poundage out of all Marchandizes exported or imported thoroughout the Realm hydes and the goods of Free-men of Dublin and Droghedah only excepted These 200. men were all the standing forces that were then maintained in Ireland And as they were Natives of the Kingdom so the Kingdom it self did pay their wages without expecting any treasure out of England BUt now the wars of Lancaster
Irish did not exceed the number of twelve hundred men as appeareth by the Treasurers Accompt of Ireland now remaining in the Exchequer of England With these Forces did Sir Henry Sidney then Lord Deputy march into the farthest parts of Tirone and joyning with Captain Randal did much distress but not fully defeat O Neal who was afterwards slain upon a meer accident by the Scots and not by the Queens Army TO prosecute the Wars in Munster against Desmond and his Adherents there were transmitted out of England at several times three or four thousand men which together with the standing Garrisons and some other supplies raised here made at one time an Army of six thousand and upwards which with the Vertue and Valour of Arthur Lord Gray and others the Commanders did prove a sufficient power to extinguish that Rebellion But that being done it was never intended that these Forces should stand till the rest of the Kingdom were settled and reduced onely that Army which was brought over by the Earl of Essex Lord Lieutenant and Governor General of this Kingdom in the nine and thirtieth year of Queen Elizabeth to suppress the Rebellion of Tirone which was spread universally over the whole Realm That Army I say the command whereof with the Government of the Realm was shortly after transferred to the command of the Lord Montjoy afterwards Earl of Devonshire who with singular wisdom valour and industry did prosecute and finish the War did consist of such good men of War and of such numbers being well-nigh twenty thousand by the Poll and was so royally supplied and paid and continued in full strength so long a time as that it brake and absolutely subdued all the Lords and Chieftains of the Irishry and degenerate or rebellious English Whereupon the multitude who ever loved to be followers of such as could master and defend them admiring the power of the Crown of England being bray'd as it were in a Morter with the Sword Famine and Pestilence altogether submitted themselves to the English Government received the Laws and Magistrates and most gladly embraced the Kings Pardon and Peace in all parts of the Realm with demonstration of joy and comfort which made indeed an entire perfect and final Conquest of Ireland And though upon the finishing of the War this great Army was reduced to less numbers yet hath His Majestie in his Wisdom thought it fit still to maintain such competent Forces here as the Law may make her progress and Circuit about the Realm under the protection of the Sword as Virgo the figure of Justice is by Leo in the Zodiack until the people have perfectly learned the Lesson of Obedience and the Conquest be established in the hearts of all men THus far have I endeavoured to make it manifest that from the first adventure and attempt of the English to subdue and conquer Ireland until the last War with Tyrone which as it was Royally undertaken so it was really prosecuted to the end there hath been four main defects in the carriage of the Martial Affairs here First the Armies for the most part were too weak for a Conquest Secondly when they were of a competent strength as in both the journeys of Richard the second they were too soon broken up and dissolved Thirdly they were ill paid And fourthly they were ill governed which is always a consequent of ill payment BUt why was not this great work performed before the latter end of Queen Elizabeths Reign considering that many of the Kings her Progenitors were as great Captains as any in the World and had elsewhere larger Dominions and Territories First who can tell whether the Divine Wisdom to abate the glory of those Kings did not reserve this Work to be done by a Queen that it might rather appear to be his own immediate work And yet for her greater Honor made it the last of her great actions as it were to Crown all the rest And to the end that a secure peace might settle the Conquest and make it firm and perpetual to Posterity caused it to be made in that fulness of time when England and Scotland became to be united under one Imperial Crown and when the Monarchy of Great Britany was in League and Amity with all the World Besides the Conquest at this time doth perhaps fulfil that prophesie wherein the four great Prophets of Ireland do concur as it is recorded by Giraldus Cambrensis to this effect That after the first Invasion of the English they should spend many ages in crebris conflictibus longoque certamine multis caedibus And that Omnes fere Anglici ab Hibernia turbabuntur nihilominus orientalia maritima semper obtinebunt Sed vix paulo antè diem Judicii plenam Anglorum populo victoriam compromittunt Insula Hibernica de mari usque ad mare de toto subacta incastellata If S. Patrick and the rest did not utter this Prophesie certainly Giraldus is a Prophet who hath reported it To this we may adde the Prophesie of Merlin spoken of also by Giraldus Sextus moenia Hiberniae subvertet regiones in Regnum redigentur Which is performed in the time of King James the sixth in that all the paces are cleared and places of fastness laid open which are the proper Walls and Castles of the Irish as they were of the British in the time of Agricola and withall the Irish Countreys being reduced into Counties make but one entire and undivided Kingdom But to leave these high and obscure causes the plain and manifest truth is that the Kings of England in all ages had been powerful enough to make an absolute Conquest of Ireland if their whole power had been employed in that enterprize but still there arose sundry occasions which divided and diverted their power some other way Let us therefore take a brief view of the several impediments which arose in every Kings time since the first Overture of the Conquest whereby they were so employed and busied as they could not intend the final Conquest of Ireland KIng Henry the second was no sooner returned out of Ireland but all his four Sons conspired with his Enemies rose in Arms and moved War against him both in France and in England This unnatural Treason of his Sons did the King express in an Emblem painted in his Chamber at Winchester wherein was an Eagle with three Eglets tiring â—n her breast and the fourth pecking at one of her eyes And the troth is these ungracious practises of his Sons did impeach his journey to the Holy-Land which he had once vowed vexed him all the days of his life and brought his gray hairs with sorrow to the grave Besides this King having given the Lordship of Ireland to John his youngest Son â— his ingratitude afterwards made the King careless to settle him in the quiet and absolute possession of that Kingdom RIchard the first which succeeded
middle time between these two attempts the great alteration which he made in the State Ecclesiastical caused him to stand upon his guard at home the Pope having sollicited all the Princes of Christendom to revenge his quarrel in that behalf And thus was King Henry the eighth detained and diverted from the absolute reducing of the Kingdom of Ireland LAstly the infancy of King Edward the sixth and the Coverture of Qu. Mary which are both Non abilities in the Law did in fact disable them to accomplish the Conquest of Ireland SO as now this great work did remain to be performed by Queen ELIZABETH who though she were diverted by suppressing the open rebellion in the North by preventing divers secret Conspiracies against her person by giving aids to the French and States of the Low-Countries by maintaining a Naval war with Spain for many years together yet the sundry rebellions joyned with forraign invasions upon this Island whereby it was in danger to be utterly lost and to be possessed by the Enemies of the Crown of England did quicken her Majesties care for the preservation thereof and to that end from time to time during her Reign she sent over such supplies of men and treasure as did suppress the Rebels and repell the invaders Howbeit before the transmitting of the last great army the forces sent over by Queen Elizabeth were not of sufficient power to break and subdue aâ—l the Irishry and to reduce and reform the whole Kingdom but when the general defection came which came not without a special providence for the final good of that Kingdom though the second causes thereof were the faint prosecution of the War against Tyrone the practises of Priests and Jesuites and the expectation of the aids from Spain Then the extream peril of loosing the Kingdom the dishonour and danger that might thereby grow to the Crown of England together with a just disdain conceived by that great minded Queen that so wicked and ungratefull a Rebell should prevail against Her who had ever been victorious against all her enemies did move and almost enforce her to send over that mighty army and did withall enflame the hearts of the Subiects of England chearfully to contribute towards the maintaining thereof a Million of sterling pounds at least which was done with a purpose only to Save and not to Gain a Kingdom To keep and retain that Soveraignty which the Crown of England had in Ireland such as it was and not to recover a more absolute Dominion But as it faileth out many times that when a house is on fire the Owner to save it from burning pulleth it down to the ground but that pulling down doth give occasion of building it up again in a better form So these last Wars which to save the Kingdome did utterly break and destroy this people produced a better effect than was at first expected For every Rebellion when it is supprest doth make the subject weaker and the Prince stronger So this general revolt when it was overcome did produce a general Obedience and Reformation of all the Irishry which ever before had been disobedient and unreformed and thereupon ensued the final and full conquest of Ireland And thus much may suffice to be spoken touching the defects in the martial affairs and the weak and faint prosecution of the war and of the several Impediments or employments which did hinder or divert every King of England successively from reducing Ireland to their absolute subjection IT now remaineth that we shew the defects of the Civil Policy and Government which gave no less impediment to the perfection of this Conquest THe first of that kind doth consist in this That the Crown of England did not from the beginning give Laws to the Irishry whereas to give Laws to a conquered people is the principal mark and effect of a perfect Conquest For albeit King Henry the second before his return out of Ireland held a Council or Parliament at Lissemore Vbi Leges Angliae ab omnibus sunt gratanter receptae Juratoria Cautione praestita confirmatae as Matth. Paris writeth And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and placed Sheriffs and other Ministers to rule and govern the people according to the Law of England and to that end Ipse duxit secum viros discretos legis peritos quorum communi consilio scatuit praecepit leges Anglicanas teneri in Hibernia c. as we finde it recorded among the Patent Rolls in the Tower 11 Hen. 3. m. 3. Though likewise King Henry the third did grant and transmit the like Charter of Liberties to his Subjects of Ireland as himself and his Father had granted to the Subjects of England as appeareth by another Record in the Tower 1 Hen. 3. Pat. m. 13. And afterwards by a special Writ did command the Lord Justice of Ireland Quod convocatis Archiepiscopis Episcopis Comitibus Baronibus c. Coram eis legi faceret Chartam Regis Johannis quam ipse legi fecit jurari à Magnatibus Hiberniae de legibus Constitutionibus Angliae observandis quod leges illas teneant observent 12 Hen. 3. Claus m. 8. And after that again the same King by Letters Patents under the Great Seal of England did confirm the Establishment of the English Laws made by King John in this form Quia pro Communi utilitate terrae Hiberniae ac unitate terrarum de Communi Consilio provisum sit quod omnes leges consuetudines quae in regno Angliae tenentur in Hiberniâ teneantur eadem terra ejusdem legibus subjaceat ac per easdem regatur sicut Johannes Rex cum illic esset Statuit firmiter mandavit ideo volumus quod omnia brevia de Communi Jure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo nostro c. Teste meipso apud Woodstock c. Which Confirmation is found among the Patent Rolls in the Tower Anno 30. Hen. 3. Notwithstanding it is evident by all the Records of this Kingdom that onely the English Colonies and some fews Septs of the Irishry which were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England and that the Irish generally were held and reputed Aliens or rather enemies to the Crown of England insomuch as they were not onely disabled to bring any actions but they were so far out of the protection of the law as it was often adjudg'd no felony to kill a meer Irishman in the time of peace That the meer Irish were reputed Aliens appeareth by sundry Records wherein Judgement 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 Rolls of 28 Edward the third which
time was 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 I will therefore knit up this point with these conclusions First that the Kings of England which in former Ages attempted the Conquest of Ireland being ill advised and counselled by the great men here did not upon the submissions of the Irish communicate their Laws unto them nor admit them to the state and condition of Free-subjects Secondly that for the space of 200. years at â—east after the first arrival of Henry the second in Ireland the Irish would gladly have embraced the Laws of England and did earnestly desire the benefit and protection thereof which being denyed them did of necessity cause a continual bordering war between the English and the Irish And lastly if according to the examples before recited they had reduced as well the Irish Countries as the English Colonies under one form of civil government as now they are the Meers and Bounds of the Marches and Borders had been long since worne out and forgotten for it is not fit as Cambrensis writeth that a King of an Island should have any Marches or Borders but the four Seas both Nations had been incorporated and united Ireland had been entirely Conquered Planted and Improved and returned a rich Revenue to the Crâ—wn of England THE next error in the Civil pollicy 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 Adventures 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 rewarded liberally out of the fruits of their own Labours since they did Militare propriis stipendiis and received no pay from the Crown of England Notwithstanding there ensued divers inconveniences that gave great impediment to the Conquest FIrst the Earl Strongbow was entituled to the whole Kingdom of Leinster partly by Invasion and partly by Marriage albeit he surrendred the same entirely to King Henry the second his Soveraign for that with his license he came over and with the Ayd of his Subjects he had gained that great inheritance yet did the King regrant back again to him and his Heirs all that Province reserving onely the City of Dublin and the Cantreds next adjoyning with the Maritime Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Cork from Lismore to the Sea To Phillip Bruce he gave the whole Kingdom of Limerick with the Donation of Bishopwricks 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 Burke Fitz-Adelm the greatest part of Conaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poer of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was all 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 And therefore we do not find in any Record or story for the space of three hundred years after these Adventurers first arived in Ireland that any Irish Lord obtained a grant of his Country from the Crown but onely the King of Thomond who had a grant but during King Henry the third his Minority and Rotherick O Connor King of Conaght to whom King Henry the second before this distribution made did grant as is before declared Vt sit Rex sub eo and moreover Vt teneat terram suam Conactiae it a bene in pace sicut tenuit antequam Dominus Rex intravit Hiberniam And whose Successor in the 24 of Henry the third when the Bourkes had made a strong Plantation there and had well-nigh expelled him out of his Territory he came over into England as Matth. Paris writeth and made complaint to King Henry the third of this Invasion made by the Bourkes upon his Land insisting upon the grants of King Henry the second and King John and affirming that he had duely paid an yearly tribute of five thousand marks for his Kingdom Whereupon the King called unto him the Lord Maurice fitz-Girald who was then Lord Justice of Ireland and President in the Court and commanded him that he should root out that unjust plantation which Hubert Earl of Kent had in the time of his greatness planted in those parts and wrote withal to the great men of Ireland to remove the Bourks and to establish the King of Conaght in the quiet possession of his Kingdom Howbeit I do not read that the King of Englands commandment or direction in this behalf was ever put in execution For the troth is Richard de Burgo had obtained a grant of all Conaght after the death of the King of Conaght then living For which he gave a thousand pound as the Record in the Tower reciteth the third of Henry the third claus 2. And besides our great English Lords could not endure that any Kings should Reign in Ireland but themselves nay they could hardly endure that the Crown of England it self should have any Jurisdiction or Power over them For many of these Lords to whom our Kings had granted these petty Kingdoms did by vertue and colour of these Grants claim and exercise Jura Regalia within their Territories insomuch as there were no less than eight Counties Palatines in Ireland at one time For William Marshal Earl of Pembroke who married the Daughter and Heir of Strongbow being Lord of all Leinster had Royal Jurisdiction thoroughout all that Province This great Lord had five sons and five daughters every of his sons enjoyed that Seigniory successively and yet all dyed without issue Then this great Lordship was broken and divided and partition made between the five daughters who were married into the Noblest Houses of England The County of Catherlough was allotted to the eldest Wexford to the secâ—nd Kilkenny to the third Kildare to the fourth the greatest part of Leix now called the Queens County to the fifth In every of these portions the Ceparceners severally exercised the same Jurisdiction Royal which the Earl Marshal and his Sons had used in the whole Province Whereby it came to pass that there were five County Palatines erected in Leinster Then had the Lord of Meath the same Royal liberty in all that Territory the Earl of Vlster in all that Province and the
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
of Vlster a man of courage and severity was made Lord Justice who forthwith calling a Parliament sent a special Commandment to the Earl of Desmond to appear in that great Councel but the Earl wilfully refused to come Whereupon the Lord Justice raised the Kings Standard and marching with an Army into Munster seized into the Kings hands all the possessions of the Earl took and executed his principal followers Sir Eustace le Poer Sir William Graunt and Sir John Cotterell enforced the Earl himself to fly and lurk till 26. Noblemen and Knights became Mainpernors for his appearance at a certain day prefixed But he making default the second time the uttermost advantage was taken against his sureties Besides at the same time this Lord Justice caused the Earl of Kildare to be arrested and committed to the Castle of Dublin indited and imprisoned many other disobedient Subjects called in and cancelled such Charters asw ere lately before resumed and proceeded every way so roundly and severely as the Nobility which were wont to suffer no controulment did much distaste him and the Commons who in this Land have ever been more devoted to their immediate Lords here whom they saw every day than unto their Soveraign Lord and King whom they never saw spake ill of this Governor as of a rigorous and cruel man though in troth he were a singular good Justicer and if he had not dyed in the second year of his Government was the likeliest person of that Age to have reformed and reduced the degenerate English Colonies to their natural obedience of the Crown of England THus much then then we may observe by the way that Maurice Fitz-Thomas the first Earl of Desmond was the first English Lord that imposed Coign and Livery upon the Kings Subjects and the first that raised his Estate to immoderate greatness by that wicked Extortion and Oppression that he was the first that rejected the English Laws and Government and drew others by his example to do the like that he was the first Peer of Ireland that refused to come to the Parliament summoned by the Kings Authority that he was the first that made a division and distinction between the English of blood and the English of birth AND as this Earl was the onely Author and first Actor of these mischiefs which gave the greatest impediment to the full Conquest of Ireland So it is to be noted that albeit others of his rank afterwards offended in the same kinde whereby their Houses were many times in danger of ruine yet was there not ever any Noble house of English race in Ireland utterly destroyed and finally rooted out by the hand of Justice but the house of Desmond onely nor any Peer of this Realm ever put to death though divers have been attainted but Tho Fitz-James the Earl of Desmond onely and onely for those wicked customs brought in by the first Earl and practised by his posterity though by several Laws they were made High-Treason And therefore though in the 7 of Edward the 4. during the Government of the Lord Tiptoft Earl of Worcester both the Earls of Desmond and Kildare were attainted by Parliament at Droghedah for alliance and fostering with the Irish and for taking Coigne and Livery of the Kings Subjects yet was Desmond onely put to death for the Earl of Kildare received his pardon And albeit the son of this Earl of Desmond who lost his head at Droghedah 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 than before For from thenceforth they reclaimed a strange priviledge That the Earls of Desmond should never come to any Parliament or Grand Council or within any walled Town but at their will and pleasure Which pretended Priviledge James Earl of Desmond the Father of Girald the last Earl renounced and surrendred by his Deed in the Chancery of Ireland in the 32 of Henry the eighth At what time among the meer Irishry he submitted himself to Sir Anthony Saint-Leger then Lord Deputy took an Oath of Allegiace Covenanted that he would suffer the Law of England to be executed in his Countrey and assist the Kings Judges in their Circuits and if any Subsidies should be granted by Parliament he would permit the same to be levied upon his Tenents and followers Which Covenants are as strange as the priviledge it self spoken of before But that which I conceive most worthy of Observation upon the fortunes of the house of Desmond is this that as Maurice Fitz-Thomas the first Earl did first raise the greatness of that house by Irish exactions and oppressions so Girald the last Earl did at last ruine and reduce it to nothing by using 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 Livery Black Rents and Cosheâ—ies after the Irish manner he was resisted by the Earl of Ormond and upon an encounter overthrown and taken prisoner which made his heart so unquiet as it easily conceived Treason against the Crown and brought forth actual and open Rebellion wherein he perished himself and made a final extinguishment of his house and honor Oppression and extortion did maintain the greatness and oppression and extortion did extinguish the greatness of that house Which may well be exprest by the old Emblem of a Torch turned downwards with this word Quod me alit extinguit NOw let us return to the course of Reformation held and pursued here after the death of Sir Raphe Vfford which hapned in the twentieth year of King Edward 3. After which time aâ—beâ—t all the power and Council of England was converted towards the conquest of France yet was not the work of Reformation altogether discontinued For in the 25 year of King Edward the third Sir Thomas Rookeby another worthy Governor whom I have once before named held a Parliament at Kilkenny wherein many excellent Laws were propounded and enacted for the reducing of the English Colonies to their obedience which Laws we finde enrolled in the Remembrancers Office here and differ not much in substance from those other Statutes of Kilkenny which not long after during the Government of Lionel Duke of Clarence were not onely enacted but put in execution This noble Prince having married the Daughter and Heir of Vlster and being likewise a Coparcener of the County of Kilkenny in the 36 year of King Edward the third came over the Kings Lieutenant attended with a good Retinue of Martial men as is before remembred and a grave and honorable Council as well for peace as for war But because this Army was not of a competent strength to break and subdue all the Irishry although he quieted the borders of the English Pale and held all Ireland in awe with his name and presence The principal service that
of King Henry the third for the eldest being married to Hugh Bigot Earl of Norfolk who in right of his wife had the Marshalship of England The second to Warren de Mountchensey whose sole Daughter and Heir was match to William de Valentia half Brother to King Henry the third who by that match was made Earl of Pembroke the third to Gilbert de Clare Earl of Gloucester The fourth to William Ferrers Earl of Darby The fifth to William de Bruce Lord of Brecknock These great Lords having greater inheritances in their own right in England than they had in Ireland in right of their Wives and yet each of the Coparceners had an entire County allotted for her purparty as is before declared could not be drawn to make their personal residence in this Kingdom but managed their Estates here by their Seneschals and Servants And to defend their Territories against the bordering Irish they entertained some of the Natives who pretended a perpetual Title to those great Lordships For the Irish after a thousand conquests and Attainders by our Law would in those days pretend title still because by the Irish Law no man could forfeit his Land These natives taking the opportunity in weak and desperate times usurped those Seigniories and so Donald mac Art Cavanagh being entertained by the Earl of Nolfork made himself Lord of the County of Catherlough And Lisagh O Moor being trusted by the Lord Mortimer who married the Daughter and Heir of the Lord Bruce made himself Lord of the lands in Leix in the latter end of King Edward the seconds Reign as is before declared Again the decay and loss of Vlster and Connaught is attributed to this that the Lord William Bourk the last Earl of that name died without issue male whose Ancestors namely the Red Earl and Sir Hugh de Lacy before him being personally resident held up their greatness there and kept the English in peace and the Irish in awe But when those Provinces descended upon an Heir Female and an Infant the Irish over-ran Vlster and the younger branches of the Bourkes usurped Connaught And therefore the Ordinance made in England the third of Richard the second against such as were absent from their Lands in Ireland and gave two third parts of the profits thereof unto the King until they returned or placed a sufficient number of men to defend the same was grounded upon good reason of State which Ordinance was put in execution for many years after as appeareth by sundry seizures made thereupon in the time of K. Richard the second Henry the fourth Henry the fifth Henry the sixth whereof there remain Records in the Remembrancers Office here Among the rest the Duke of Norfolk himself was not spared but was impleaded upon this Ordinance for two parts of the profits of Dorburies Island and other Lands in the County of Wexford in the time of King Henry the sixth And afterwards upon the same reason of State all the lands of the house of Norfolk of the Earl of Shrewsbury the Lord Barkley and others who having lands in Ireland kept their continual residence in England were entirely resumed by the Act of Absentees made in the 28 year of King Henry the eigth But now again let us look back and see how long the effect of that Reformation did continue which was begun by Lionel Duke of Clarence in the fortieth year of King Edward the third and what courses have been held to reduce and reform this people by other Lieutenants and Governors since that time The English Colonies being in some good measure reformed by the Statutes of Kilkenny did not utterly fall away into Barbarism again till the Wars of the two Houses had almost destroyed both these Kingdoms for in that miserable time the Irish found opportunity without opposition to banish the English Law and Government out of all the Provinces and to confine it onely to the English Pale Howbeit in the mean time between the Government of the Duke of Clarence and the beginning of those Civil Wars of York and Lancaster we find that the State of England did sundry times resolve to proceed in this work of reformation For first King Richard 2. sent over Sir Nicholas Dagworth to survey the possessions of the Crown and to call to accompt the Officers of the revenue Next to draw his English Subjects to manure and defend their lands in Ireland he made that Ordinance against Absentees spoken of before Again he shewed an excellent example of Justice upon Sir Philip Courtney being his Lieutenant of that Kingdom when he caused him to be arrested by special Commissioners upon complaint made of sundry grievous oppressions and wrongs which during his Government he had done unto that people After this the Parliament of England did resolve that Thomas Duke of Glocester the Kings Uncle should be imployed in the reformation and reducing of that Kingdom the Fame whereof was no sooner bruted in Ireland but all the Irishry were ready to submit themselves before his coming so much the very Name of a great personage specially of a Prince of the blood did ever prevail with this people But the King and his Minions who were ever jealous of this Duke of Glocester would not suffer him to have the honour of that service But the King himself thought it a work worthy of his own presence and pains and thereupon Himself in person made those two royal journeys mentioned before At what time he received the submissions of all the Irish Lords and Captains who bound themselves both by Indenture and oath to become and continue his Loyal Subjects And withall laid a particular project for a civil plantation of the Mountains and Maritime Counties between Dublin and Wexford by removing all the Irish Septs from thence as appeareth by the covenants between the Earl Marshal of England and those Irish Septs which are before remembred and are yet preserved and remain of Record in the Kings Remembrancers Office at Westminster Lastly this King being present in Ireland took special care to supply and furnish the Courts of Justice with able and sufficient Judges And to that end he made that Grave and Learned Judge Sir William Hankeford Chief Justice of the Kings Bench here who afterwards for his service in this Realm was made chief Justice of the Kings Bench in England by King Henry 4. and did withall associate unto him William Sturmy a well Learned man in the law who likewise came out of England with the King that the legal proceedings which were out of order too as all other things in that Realm were might be amended and made formal according to the course and Presidents of England But all the good purposes and projects of this King were interrupted and utterly defeated by his suddain departure out of Ireland and unhappy deposition from the Crown of England HOwbeit King Henry the fourth intending likewise to prosecute this Noble
all their Controversies In Conaght the Archbishop of Tuam the Bishop of Clonfert Captain Wakeley Captain Ovington In Munster the Bishop of Waterford the Bishop of Cork and Ross the Mayor of Cork and Mayor of Youghal In Vlster the Archbishop of Ardmagh and the Lord of Lowth And if any difference did arise which they could not end either for the difficulty of the cause or for the obstinacy of the parties they were to certifie the Lord Deputy Council who would decide the matter by their Authority Hereupon the Irish Captains of lesser Territories which had ever been oppressed by the greater and mightier some with risings out others with Bonaght and others with Cuttings and spendings at pleasure did appeal for Justice to the Lord Deputy who upon hearing their complaints did always order that they should all immediately depend upon the King and that the weaker should have no dependancy upon the stronger Lastly he prevailed so much with the greatest of them namely O Neal O Brien and Mac William as that they willingly did pass into England and presented themselves to the King who thereupon was pleased to advance them to the degree and honor of Earls and to grant unto them their several Countreys by Letters-patents Besides that they might learn Obedience and Civility of manners by often repairing unto the State the King upon the motion of the same Deputy gave each of them a house and lands neer Dublin for the entertainment of their several trains This course did this Governor take to reform the Irishry but withal he did not omit to advance both the honor and profit of the King For in the Parliament which he held the 33 of Hen. the eighth he caused an Act to pass which gave unto K. Henry the eighth his Heirs 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 Monarchs thereof and had in right all Royal and Imperial Jurisdiction and power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher than the name of Lord Assuredly the assuming of this Title hath not a little raised the Soveraignty of the King of England in the mindes of this people lastly this Deputy brought a great augmentation to the Kings Revenue by dissolving of all the Monasteries and Religious Houses in Ireland which was done in the same Parliament and afterward by procuring Min and Cavendish two skilful Auditors to be sent over out of England Who took an exact survey of all the possessions of the Crown and brought many things into charge which had been concealed and substracted for many years before And thus far did Sir Anthony Saint Leger proceed in the course of Reformation which though it were a good beginning yet was it far from reducing Ireland to the perfect obedience of the Crown of England For all this while the Provinces of Conaght and Vlster and a good part of Leinster were not reduced to Shire-ground And though Munster were anciently divided into Counties the people were so degenerate as no Justice of Assize durst execute his Commission amongst them None of the Irish Lords or Tenants were setled in their possessions by any Grant or Confirmation from the Crown except the three great Earls before named who notwithstanding did govern 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 Revenue certain or casual did accrew to the Crown out of those Provinces The next worthy Governor that endeavoured to advance this Reformation was Thomas Earl of Sussex who having throughly broken and subdued the two most rebellious and powerful Irish Septs in Leinster namely the Moores and O Connors possessing the Territories of Leix and Offaly did by Act of Parliament 3. and 4. Phil. and Mariae reduce those Countries into two several Counties naming the one the Kings and the other the Queens County which were the first two Counties that had been made in this Kingdom since the twelfth year of King John at what time the Territories then possessed by the English Colonies were reduced into twelve Shires as is before expressed This Noble Earl having thus extended the Jurisdiction of the English Law into two Counties more was not satisfied with that addition but took a resolution to divide all the rest of the Irish Countries un-reduced into several Shires and to that end he caused an Act to pass in the same Parliament authorising the Lord Chancellor from time to time to award Commissions to such Persons as the Lord Deputy should nominate and appoint to view and perambulate those Irish Territories and thereupon to divide and limit the same into such and so many several Counties as they should think meet which being certified to the Lord Deputy and approved by him should be returned and enrolled in the Chancery and from thenceforth be of like force and effect as if it were done by Act of Parliament Thus did the Earl of Sussex lay open a passage for the Civil Government into the unreformed parts of this Kingdom but himself proceeded no further than is before delared HOwbeit afterwards during the Raign of Queen Elizabeth Sir Henry Sidney who hath left behind him many Monuments of a good Governour in this Land did not only pursue that course which the Earl of Sussex began in reducing the Irish Countries into Shires and placing therein Sheriffs and other Ministers of the Law for first he made the Annaly a Territory in Leinster possessed by the Sept of Offerralles one entire Shire by it self and called it the County of Longford and after that he divided the whole Province of Conaght into six Counties more namely Clare which containeth all Thomond Gallaway Sligo Mayo Roscomon and Leytrim But he also had caused divers good Laws to be made and performed sundry other services tending greatly to the reformation of this Kingdom For first to diminish the greatness of the Irish Lords and to take from them the dependancy of the Common people in the Parliament which he held 11. Eliz. He did abolish their pretended and usurped Captain-ships and all exactions and extortions incident thereunto Next to settle their Seigniories and possessions in a course of inheritance according to the course of the Common law he caused an Act to pass whereby the Lord Deputy was authorised to accept their Surrenders and to regrant estates unto them to hold of the Crown by English tenures and services Again because the inferiour sort were loose and poor and not amesuable to the law he provided by another Act that five of the best and eldest persons of every Sept should bring in all the idle persons of their surname to be justified by the law Moreover
Henry the second in the Kingdom of England had less reason to bend his power towards the Conquest of this Land which was given in perpetuity to the Lord John his Brother And therefore went he in person to the Holy War by which journey and his Captivity in Austria and the heavy ransome that he paid for his liberty he was hindred and utterly disabled to pursue any so great an action as the Conquest of Ireland And after his delivery and return hardly was he able to maintain a Frontier War in Normandy where by hard fortune he lost his life KIng John his Brother had greatest reason to prosecute the War of Ireland because the Lordship thereof was the portion of his inheritance given unto him when he was called John Sans-Terre Therefore he made two journeys thither one when he was Earl of Morton and very young about twelve years of age the other when he was King in the twelfth year of his Reign In the the first his own youth and his youthful company Roboams Counsellors made him hazard the loss of all that his Father had won But in the latter he shewed a resolution to recover the entire Kingdom in taking the submissions of all the Irishry and settling the estates of the English and giving order for the building of many Castles and Forts whereof some remain until this day But he came to the Crown of England by a defeasible Title so as he was never well settled in the hearts of the people which drew him the sooner back out of Ireland into England where shortly after he fell into such trouble and distress The Clergy cursing him on the one side and the Barons Rebelling against him on the other as he became so far unable to return to the Conquest of Ireland as besides the forfeiture of the Territories in France he did in a manner lose both the Kingdoms For he surrendred both to the Pope and took them back again to hold in Fee-farm which brought him into such hatred at home and such contempt abroad as all his life time after he was possest rather with fear of loosing his head than with hope of reducing the Kingdom of Ireland DUring the infancy of Henry the third the Barons were troubled in expelling the French whom they had drawn in against King John But this Prince was no sooner come to his majority but the Barons raised a long and cruel war against him Into these troubled waters the Bishops of Rome did cast their Nets and drew away all the wealth of the realm by their provisions and infinite exactions whereby the Kingdom was so impoverished as the King was scarce able to feed his own houshold and train much less to nourish Armies for the conquest of Forraign Kingdoms And albeit he had given this Land to the Lord Edward his eldest son yet could not that worthy Prince ever find means or opportunity to visit this Kingdom in person For from the time he was able to bear armes he served continually against the Barons by whom he was taken prisoner at the battel of Lewes And when that rebellion was appeased he made a journey to the Holy Land an employment which in those dayes diverted all Christian Princes from performing any great actions in Europe from whence he was returned when the Crown of England descended upon him THis King Edward the first who was a Prince adorned with all vertues did in the managing of his affairs shew himself a right good husband who being Owner of a Lordship ill husbanded doth first enclose and mannure his demeasnes near his principal house before he doth improve his wasts afar off Therefore he began first to establish the Common-wealth of England by making many excellent Laws and instituting the form of publick Justice which remaineth to this day Next he fully subdued and reduced the Dominion of Wales then by his power and authority he setled the Kingdom of Scotland and lastly he sent a Royal army into Cascoigne to recover the Dutchy of Aquitain These four great actions did take up all the raign of this Prince And therefore we find not in any Record that this King transmitted any Forces into Ireland but on the other side we find it recorded both in the Annals and in the Pipe-Rolls of this Kingdom that three several Armies were raised of the Kings subjects in Ireland and transported one into Scotland another into Wales and the third into Cascoigne and that several aids were levyed here for the setting forth of those armies THe Son and Successor of this excellent Prince was Edward the second who much against his will sent one small army into Ireland not with a purpose to finish the Conquest but to guard the person of his Minion Piers Gaveston who being banished out of England was made Lieutenant of Ireland that so his exile might seem more honourable He was no sooner arrived here but he made a journey into the Mountains of Dublin brake and subdued the Rebels there built New-Castle in the Birnes Country and repaired Castlekeuin and after passed up into Mounster and Thomond performing every where great service with much Vertue and Valour But the King who could not live without him revokt him within less than a year After which time the invasion of the Scots and Rebellion of the Barons did not only disable this King to be a Conqueror but deprived him both of his Kingdom and life And when the Scottish nation had over-run all this land under the conduct of Edw. le Bruce who stiled himself King of Ireland England was not then able to send either men or mony to save this Kingdom Only Roger de Mortimer then Justice of Ireland arrived at Youghall cum 38. milit saith Friar Clinn in his Annals But Bremingham Verdon Stapleton and some other private Gentlemen rose out with the Commons of Meth and Vriel and at Fagher near Dondalke a fatal place to the enemies of the Crown of England overthrew a potent army of them Et sic saith the red Book of the Exchequer wherein the victory was briefly recorded per manus communis populi dextram dei deliberatur populus dei a servitute machinata praecogitata IN the time of King Edward the third the impediments of the Conquest of Ireland are so notorious as I shall not need to express them to wit the war which the King had with the Realms of Scotland and of France but especially the Wars of France which were almost continual for the space of forty years And indeed France was a fairer mark to shoot at than Ireland and could better reward the Conqueror Besides it was an inheritance newly descended upon the King and therefore he had great reason to bend all his power and spend all his time and treasure in the recovery thereof And this is the true cause why Edward the third sent no army into Ireland till the 36. year of his
are yet preserved in Breminghams Tower this Case is adjudged Simon Neal brought an action of Trespass against William Newlagh for breaking his Close in Clandalkin in the County of Dublin the Defendant doth plead that the Plaintiff is Hibernicus non de Quinque sanguinibus and demandeth Judgement if he shall be answered The Plaintiff replieth Quod ipse est de quinque sanguinibus viz De les Oneiles de Vlton qui per Concessionem progenitorum Domini Regis Libertatibus Anglicis gaudere debent utuntur proliberis hominibus reputantur The Defendant rejoyneth that the Plaintiff is not of the Oneals of Vlster Nec de quinque sanguinibus And thereupon they are at issue Which being found for the Plaintiff he had Judgement to recover his damages against the Defendant By this Record it appeareth that five principal Bloods or Septs of the Irishry were by special grace enfranchised and enabled to take benefit of the Laws of England And that the Nation of ô Neals in Vlster was one of the five And in the like case 3 of Edward the second among the Plea-Rolls in Breminghams Tower All the five Septs or Bloods Qui gaudeant lege Anglicana quoad brevia portanda are expressed namely Oneil de Vltonia O Molaghlin de Minia O Connoghor de Connacia O Brin de Thotmonia Mac Murrogh de Lagenia And yet I find that O Neal himself long after viz. in 20 Edw. 4. upon his marriage with a Daughter of the house of Kildare to satisfie the friends of the Lady was made denizen by a special Act of Parliament 20 Edw. 4. C. 8. Again in the 29 of Edw 1. before the Justices in Eire at Droghedah Thomas le Botteler brought an action of Detinue against Robert de Almain for certain goods The Defendant pleadeth Quod non tenetur ei inde respondere eo quod est Hibernicus non de libero sanguine Et praedictus Thomas dicit quod Anglicus est hoc petit quod inquiratur per patriam Ideo fiat inde Jurat c. Jurat dicunt super Sacrament suum quod praedict Thomas Anglicus est ideo consideratum est quod recuperet c. These two Records among many other do sufficiently shew that the Irish were disabled to bring any actions at the Common Law Touching their Denizations they were common in every Kings Reign since Henry the second and were never out of use till His Majestie that now is came to the Crown Among the Pleas of the Crown of 4. Edw. 2. we finde a Confirmation made by Edward the first of a Charter of Denization granted by Henry the second to certain Oostmen or Easterlings who were Inhabitants of Waterford long before Henry the second attempted the Conquest of Ireland Edwardus Dei gratia c. Justitiario suo Hiberniae Salutem Quia per Inspectionem Chartae Dom. Hen. Reg. filii Imperatricis quondam Dom. Hiberniae proavi nostri nobis Constat quod Ostmanni de Waterford legem Anglicorum in Hibernia habere secundum ipsam legam Judicari deduci debènt vobis mandamus quod Gillicrist Mac Gilmurrii Willielmum Johannem Mac Gilmurrii alios Ostmannos de civitate Comitatu Waterford qui de predictis Ostmannis praedict Dom. Henr. proavi nostri originem duxerunt legem Anglicorum in partibus illis juxta tenorem Chartae praedict habere eos secundum ipsam legem quantum in nobis est deduci faciatis donec aliud de Consilio nostro inde duxerimus ordinand In cujus rei c. Teste meipso apud Acton Burnell 15. Octobris anno regni nostri undecimo Again among the Patent Rolls of 1 Edward the fourth remaining in the Chancery here we finde a Patent of Denization granted the 13 of Edward the first in these words Edwardus Dei gratia Rex Angliae Dom. Hiberniae Dux Aquitaniae c. Omnibus Ballivis fidelibus suis in Hibernia Salutem Volentes Christophero filio Donaldi Hibernico gratiam sacere specialem concedimus pro nobis haeredibus nostris quod idem Christopherus hanc habeat libertatem viz. Quod ipse de catero in Hibernia utatur legibus Anglicanis prohibemus ne quisquam contra hanc concessionem nostram dictum Christopherum vexet in aliquo vel perturbet In cujus rei Testimonium c. Teste meipso apud Westm 27. die Junii anno regni nostri 13. In the same Roll we finde another Charter of Denization granted in the first of Edward the fourth in a more larger and beneficial form Edw. Dei gratia c. Omnibus Ballivis c. Salutem Sciatis quod nos volentes Willielmum O Bolgir capellanum de Hibernica Natione existentem favore prosequi gratioso de gratia nostra speciali c. Concessimus eidem Willielmo quod ipse liberi sit Status liberae conditionis ab omni servitute Hibernicâ liber quietus quod ipse legibus Anglicanis in omnibus per omnia uti possit gaudere eodem modo quo homines Anglici infra dictam terram eas habent iis gaudent utuntur quodque ipse respondeat respondeatur in quibuscumque Curiis nostris ac omnimod terras tenementa redditus servitia perquirere possit sibi haere dibus suis imperpetuum c. If I should collect out of the Records all the Charters of this kind I should make a Volume thereof but these may suffice to shew that the meer Irish were not reputed free Subjects nor admitted to the benefit of the Laws of England until they had purchased Charters of Denization Lastly the meer Irish were not onely accounted Aliens but Enemies and altogether out of the Protection of the Law so as it was no capital Offence to kill them and this is manifest by many Records At a Gaol-delivery at Waterford before John Wogan Lord Justice of Ireland the fourth of Edward the second we finde it recorded among the Pleas of the Crown of that year Quod Robertus le Wayleys rectatus de morte Johannis filii Juor Mac Gillemory felonice per ipsum interfecti c Venit bene cognovit quod praedictum Johannem interfecit dicit tamon quod peri◠ejus interfectionem feloniam committere non potuit quia dicit quod praedictus Johannes fuit purus Hibernicus non de libero sanguine c. Et cum Dominus dicti Johannis cujus Hibernicus idem Johannes suit die quo interfectus fuit solutionem pro ipso Johanne Hibernico suo sic interfecto petere voluerit ipse Robertus paratus erat ad respondend ' de solutione praedict prout Justitia suadebit Et super hoc venit quidam Johannes le Poer dicit pro Domino Rege quod praedict Iohannes filius Iuor Mac Gillemory antecessores sui de cognonime praedict à tempore quo Dominus Henricus filius Imperatricis quondam Dominus
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
Sir Richard Capel Prisoner with divers Lords of Munster being then in his Company In the year 1288. Richard Bourke Earl of Vlster commonly called the Red Earl pretending title to the Lordship of Meath made war upon Sir Theobald de Verdun and besieged him in the Castle of Athlone Again in the year 1292. John Fitz-Thomas the Geraldine having by contention with the Lord Vesci gotten a goodly inheritance in Kildare grew to that heighth of imagination saith the story as he fell into difference with divers great Noblemen and among many others with Richard the Red Earl whom he took Prisoner and detained him in Castle-Ley and by that dissention the English on the one side and the Irish on the other did waste and destroy all the Countrey After in the year 1311. the same Red Earl coming to besiege Bonratty in Thomond which was then held by Sir Richard de Clare as his inheritance was again taken prisoner And all his Army consisting for the most part of English overthrown and cut in pieces by Sir Richard de Clare And after this again in the year 1327. most of the great Houses were banded one against another viz. The Giraldines Butlers and Breminghams on the one side and the Bourks and Poers on the other The ground of the quarrel being none other but that the Lord Arnold Poer had called the Earl of Kildare Rimer But this quarrel was prosecuted with such malice and violence as the Counties of Waterford and Kilkenny were destroyed with fire and sword till a Parliament was called of purpose to quiet this dissention Shortly after the Lord John Bremingham who was not long before made Earl of Louth for that noble service which he performed upon the Scots between â—undalk and the Faher was so extremely envied by the Gernons Verdons and others of the ancient Colony planted in the County of Louth as that in the year 1329. they did most wickedly betray and murther that Earl with divers principal Gentlemen of his name and family using the same speech that the Rebellious Jews are said to use in the Gospel Nolumus hunc regnare super nos After this the Geraldines and the Butlers being become the most potent families in the Kingdom for the great Lordship of Leinster was divided among Coparceners whose Heirs for the most part lived in England and the Earldom of Vlster with the Lordship of Meath by the match of Lionel Duke of Clarence at last discended upon the Crowne had almost a continuall warre one with another In the time of King Henry the sixt saith Baron Finglas in his Discourse of the Decay of Ireland in a sight betweene the Earles of Ormond and Desmond almost all the Townes-men of Kilkenny were slaine And as they followed contrary parties during the Warres of Yorke and Lancaster so after that civil dissention ended in England these Houses in Ireland continued their opposition and feud still even till the time of K. Henry the eight when by the Marriage of Margaret Fitz-Girald to the Earl of Ossory the houses of Kildare and Ormond were reconciled and have continued in amity ever since Thus these great Estates and Royalties granted to the English Lords in Ireland begate Pride and Pride begat Contention among themselves which brought forth divers mischiefs that did not onely disable the English to finish the conquest of all Ireland but did endanger the loss of what was already gained And of Conquerors made them Slaves to that Nation which they did intend to Conquer For whensoever one English Lord had vanquished another the Irish waited and took the opportunity and fell upon that Countrey which had received the blow and so daily recovered some part of the Lands which were possessed by the English Colonies Besides the English Lords to strengthen their parties did ally themselves with the Irish and drew them in to dwell among them gave their Children to be fostered by them and having no other means to pay or reward them suffered them to take Coigne and Livery upon the English Free-holders which Oppression was so intollerable as that the better sort were enforced to quit their Free-holds and flye into England and never returned though many Laws were made in both Realms to remand them back again and the rest which remained became degenerate and meer Irish as is before declared And the English Lords finding the Irish exactions to be more profitable than the English Rents and services and loving the Irish Tyranny which was tyed to no Rules of Law or Honour better than a just and lawful Seigniory did reject and cast off the English Law and Government received the Irish Laws and Customs took Irish Surnames as Mac William Mac Pheris Mac Yoris refused to come to the Parliaments which were summoned by the King of Englands Authority and scorned to obey those English Knights which were sent to command and govern this Kingdom Namely Sir Richard Capel Sir John Morris Sir John Darcy and Sir Raphe Vfford And when Sir Anthony Lucy a man of great Authority in the time of King Edward the third was sent over to reform the notorious abuses of this Kingdom the King doubting that he should not be obeyed directed a special Writ or Mandate to the Earl of Vlster and the rest of the Nobility to assist him And afterwards the same King upon good advise and Counsel resumed those excessive Grants of Lands and Liberties in Ireland by a special ordinance made in England which remaineth of Record in the Tower in this form Quia plures excessivoe donationes terrarum libertatum in Hibernia ad subdolam machinationem petentium factae sunt c. Rex delusorias hujusmodi machinationes volens elidere de consilio peritorum sibi assistentium omnes donationes Terrarum libertatum praedict duxit revocandas quousque de meritis donatoriorum causis ac qualitatibus donationum melius fuerit informat ideo mandatum est Justiciario Hiberniae quod seisiri faciat c. Howbeit there followed upon this resumption such a division and faction between the English of Birth and the English of blood and race as they summoned and held several Parliaments apart one from the other Whereupon there had risen a general war betwixt them to the utter extinguishing of the English Name and Nation in Ireland if the Earl of Desmond who was head of the faction against the English of Birth had not been sent into England and detained there for a time yet afterwards these liberties being restored by direction out of England the 26. of Edward the third complaint was made to the King of the easie restitution whereunto the King made answer as is before expressed so as we may conclude this point with that which we find in the Aâ—nals published by Master Camden Hâ—bernici debellati consumpti fuissent nisi seditio Anglicorum impedivisseâ— Whereunto I may add this note that though some are of opinion that
Grants of extraordinary Honours and Liberties made by a King to his Subjects do no more diminish his greatness than when one Torch lightet◠another for it hath no less light that it had before Quis vetat apposito lumen de lumine sumi Yet many time◠inconveniences do arise thereupon and those Princes have held up their Soveraignty best which have been sparing in those Grants And truly as these Grants of little Kingdoms and great Royalties to a few private persons did produce the mischiefs spoken of before So the true cause of the making of these Grants did proceed from this That the Kings of England being otherwise employed and diverted did not make the Conquest of Ireland their own work and undertake it not royally at their own charge but as it was first begun by particular Adventurers so they left the prosecution thereof to them and other voluntaries who came to seek their fortunes in Ireland wherein if they could prevail they thought that in reason and honour they could do no less than make them proprietors of such scopes of Land as they could conquer people and plant at their own charge reserving only the Soveraign Lordship to the Crown of England But if the Lyon had gone to hunt himself the shares of the Inferiour Beasts had not been so great If the invasion had been made by an army transmitted furnished and supplyed only at the Kings charges and wholly paid with the Kings Treasure as the Armies of Queen Elizabeth and King James have been as the conquest had been sooner atchieved so the serviters had been contented with lesser proportions For when Scipio Pompey Caesar and other Generals of the Roman Armies as Subjects and Servants of that State and with the publick charge had conquered many Kingdoms and Commonweals we find them rewarded with Honourable Offices and Triumphes at their return and not made Lords and proprietors of whole Provinces and Kingdoms which they had subdued to the Empire of Rome Likewise when the Duke of Normandy had conquered England which he made his own work and performed it in his own person he distributed sundry Lordships and Mannors unto his followers but gave not away whole Shires and Countreys in demeasne to any of his servitors whom he most desired to advance Only he made Hugh Lupus County Palatine of Chester and gave that Earldom to him and his Heirs to hold the same Ita liberè ad gladium sicut Rex tenebat Angliam ad Coronam Whereby that Earldom indeed had a royal Jurisdiction and Seigniory though the Lands of that County in demeasne were possessed for the most part by the ancient Inheritors Again from the time of the Norman Conquest till the raign of King Edward the first many of our English Lords made war upon the Welshmen at their own charge the Lands which they gained they held to their own use were called Lords Marchers and had Royal Liberties within their Lordships Howbeit these particular Adventurers could never make a perfect Conquest of Wales But when King Edward the first came in person with his army thither kept his residence and Court there made the reducing of Wales an enterprize of his own he finished that work in a year or two whereof the Lords Marchers had not performed a third part with their continual bordering war for two hundred years before And withall we may observe that though this King had now the Dominion of Wales in Jure proprietatis as the Statute of Rutland affirmeth which before was subject unto him but in Jure feodali And though he had lost divers principal Knights and Noblemen in that war yet did he not reward his servitors with whole Countries or Counties but with particular Mannors and Lordships as to Henry Lacy Earl of Lincolne he gave the Lordship of Denbigh and to Reignold Gray the Lordship of Ruthen and so to others And if the like course had been used in the winning and distributing the lands of Ireland that Island had been fully conquered before the continent of Wales had been reduced But the troth is when Private men attempt the Conquest of Countries at their own charge commonly their enterprizes do perish without success as when in the time of Queen Elizabeth Sir Thomas Smith undertook to recover the Ardes and Chatterton to reconquer then Fues and Orier The one lost his Son and the other Himself and both their Adventures came to nothing And as for the Crown of England it hath had the like fortune in the Conquest of this land as some purchasers have who desire to buy land at too easie a Rate they finde those cheap purchases so full of trouble as they spend twice as much as the Land is worth before they get the quiet possession thereof And as the best pollicy was not observed in the distribution of the conquered Lands so as I conceive that the first Adventurers intending to make a full Conquest of the Irish were deceived in the choise of the fittest places for their plantation For they sate down and erected their Castles and Habitations in the Plains and open Countries where they found most fruitful and profitable Lands and turned the Irish into the Woods and Mountains Which as they were proper places for Out-Laws and Thieves so were they their Natural Castles and Fortifications thither they drave their preys and stealths there they lurkt and lay in wait to do mischief These fast places they kept unknown by making the wayes and Entries thereunto impassible there they kept their Creaghts or Heardes of Cattle living by the milke of the Cow without Husbandry or Tillage there they encreased and multiplied unto infinite numbers by promiscuous generation among themselves there they made their Assemblies and Conspiracies without discovery But they discovered the weakness of the English dwelling in the open plains and thereupon made their sallies and retreats with great advantage Whereas on the other side if the English had builded their Castles and Towns in those places of fastness and had driven the Irish into the Plains and open Countries where they might have had an eye and observation upon them the Irish had been easily kept in Order and in short time reclaimed from their wildeness there they would have used Tillage dwelt together in Town-ships and learned Mechanical Arts and Sciences The woods had been wasted with the English Habitations as they are about the Forts of Mariborough and Philipston which were built in the fastest places in Leinster and the wayes and passages throughout Ireland would have been as clear and open as they are in England at this day AGain if King Henry the Second who is said to be the King that Conquered this Land had made Forrests in Ireland as he did enlarge the Forrests in England for it appeareth by Charta de Foresta that he afforrested many woods and wasts to the grievance of the Subject which by that Law were disaforrested or if those English Lords
amongst whom the whole Kingdom was divided had been good Hunters and had reduced the Mountains Boggs and Woods within the limits of Forrests Chases and Parks assuredly the very Forrest Law and the Law de Malefactoribus in parcis would in time have driven them into the Plains and Countries inhabited and manured and have made them yield up their fast places to those wilde Beasts which were indeed less hurtful and wilde than they But it seemeth strange to me that in all the Records of this Kingdom I seldom find any mention made of a Forrest and never of any Parke or Free-warren considering the great plenty both of Vert and Venison within this Land and that the chief of the Nobility and Gentry are descended of English race and yet at this day there is but one Parke stored with Deer in all this Kingdom which is a Parke of the Earl of Ormonds neer Kilkenny It is then manifest by that which is before expressed that the not communicating of the English laws to the Irish the over large Grants of Lands and Liberties to the English the plantation made by the English in the Plains and open Countries leaving the Woods and Mountains to the Irish were great Defects in the Civil pollicy and hindered the perfection of the Conquest very much Howbeit notwithstanding these Defects and Errours the English Colonies stood and maintained themselves in a reasonable good estate as long as they retained their own ancient Laws and customs according to that of Ennius Moribus antiquis res stat Romana virisque But when the civil Government grew so weak and so loose as that the English Lords would not suffer the English laws to be put in execution within their Territories and Seigniories but in place thereof both they and their people embraced the Irish customs Then the estate of things like a Game at Irish was so turned about as the English which hoped to make a perfect Conquest of the Irish were by them perfectly and absolutely conquered because Victi victoribus leges dedere A just punishment to our Nation that would not give Laws to the Irish when they might and therefore now the Irish gave Laws to them Therefore this Defect and failing of the English Justice in the English Colonies and the inducing of the Irish customs in lieu thereof was the main impediment that did arrest and stop the course of the Conquest and was the only mean that enabled the Irishry to recover their strength again FOr if we consider the Nature of the Irish Customs we shall find that the people which doth use them must of necessity be Rebels to all good Government destroy the commonwealth wherein they live and bring Barbarisme and desolation upon the richest and most fruitfull Land of the World For whereas by the just and Honourable Law of England and by the Laws of all other well-governed Kingdoms and Commonweals Murder Man-slaughter Rape Robbery and Theft are punished with death By the Irish Custom or Brehon Law the highest of these offences was punished only by Fine which they called an Ericke Therefore when Sir William Fitz-Williams being Lord Deputy told Maguyre that he was to send a Sheriff into Fermannagh being lately before made a County your Sheriff saâ—d Maguyre shall be welcome to me but let me know his Ericke or the price of his head afore hand that if my people cut it off I may cut the Ericke upon the Countrey As for Oppression Extoâ—tion and other trespasses the weaker had never any remedy against the stronger whereby it came to pass that no man could enjoy his Life his Wife his Lands or Goods in safety if a mightier man than himself had an appetite to take the same from him Wherein they were little better than Cannibal who do hunt one another and he that hath most strength and swiftness doth eat and devour all his fellowes Again in England and all well ordered Common-weaâ—s Men have certain estates in their Lands and possessions and their inheritances descend from Father to Son whâ—ch doth give them encouragement to build and to plant and to improve their Lands and to make them better for their posterities But by the Irish Custom of Tanistry the Chieftanes of every Country and the chief of every Sept had no longer estate than for life in their Cheefeâ—ies the inheritance whereof did â—est in no man And these Cheeferies though they had some portions of Lands allotted unto them did consist chiefly in cuttings and Cosheries and other Irish exactions whereby they did spoile and impoverish the people at their pleasure And when their Chieftanes were dead their Sons or next heirs did not succeed them but their Tanistes who were Elective and purchased their elections by strong hand And by the Irish Custom of Gavel-kinde the inferiour Tennanties were partible amongst all the Males of the Sept both Bastards and Legitimate and after partition made if any one of the Sept had dyed his portion was not divided among his Sons but the chief of the sept made a new partition of all the Lands belonging to that Sept and gave every one his part according to his antiquity THese two Irish Customs made all their possessions uncertain being shuffled and changed and removed so often from one to another by new elections and partitions which uncertainty of estates hath been the true cause of such Desolation and Barbarism in this Land as the like was never seen in any Countrey that professed the name of Christ For though the Irishry be a Nation of great Antiquity and wanted neither wit nor valour and though they had received the Christian Faith above 1200 years since and were lovers of Musick Poetry and all kinde of Learning and possessed a Land abounding with all things necessary for the civil life of man yet which is strange to be related they did never build any houses of brick or stone some few poor Religious Houses excepted before the Reign of King Henry the second though they were Lords of this Island for many hundred years before and since the Conquest attempted by the English Albeit when they saw us build Castles upon their borders they have onely in imitation of us erected some few piles for the Captains of the Countrey yet I dare boldly say that never any particular person either before or since did build any stone or brick house for his private habitation but such as have lately obtained estates according to the course of the Law of England Neither did any of them in all this time plant any Gaâ—dens or Orchards inclose or improve their Lands live together in settâ—ed Viâ—lages or Towns nor made any provision for posterity which beâ—ng against all common sense and reason must needs be imputed to those unreasonable Customs which made their estates so uncertain and transitory in their possessions For who would plant or improve or build upon that Land which a stranger whom he knew not
both Kingdoms than it did at any time since the Norman Conquest Then did the State of England send over John de Hotham to be Treasurer here with commission to call the great Lords of Ireland together and to take of them an Oath of Association that they should loyally joyn together in life and death to preserve the right of the King of England and to expel the common enemy But this Treasurer brought neither men nor mony to perform this service At that time though Richard Bourk Earl of Vlster commonly called the Red Earl were of greater power than any other Subject in Ireland yet was he so far stricken in years as that he was unable to manage the martial affairs as he had done during all the raign of King Edward the first having been General of the Irish forces not only in this Kingdom but in the Wars of Scotland Wales and Gascoign And therefore Maurice Fitz-Thomas of Desmond being then the most active Noble man in this Realm took upon him the chief command in this War for the support whereof the Revenue of this Land was farr too short and yet no supply of Treasure was sent out of England Then was there no means to maintain the Army but by Sessing the Soldiers upon the Subject as the Irish were wont to impose their Bonaught Whereupon grew that wicked Extortion of Coigne and Livery spoken of before which in short time banished the greatest part of the Free-holders out of the County of Kerry Limerirk Corke and Waterford Into whose possessions Desmond and his Kinsemen Allies and Followers which were then more Irish than English did enter and appropriate these Lands unto themselves Desmond himself taking what scopes he best liked for his demeasnes in every Countrey and reserving an Irish Seigniory out of the rest And here that I may verifie and maintain by matter of Record that which is before delivered touching the Nature of this wicked Extortion called Coigne and Livery and the manifold mischiefs it did produce I think it fit and pertinent to insert the preamble of the Statute of 10. of Henry seventh c. 4. not printed but recorded in Parliament Rols of Dublin in these words At the request and supplication of the Commons of this Land of Ireland that where of long time there hath been used and exacted by the Lords and Gentlemen of this Land many and divers damnable customs and usages which been called Coigne and Livery and Pay that is Horse meat and Mans meat for the finding of their Horsemen and Foot-men and over that 4. d. or 6. d. daily to every of them to be had and paid of the poor Earth Tillers and Tenants inhabitants of the said Land without any thing doing or paying therefore Besides many Murders Robberies Rapes and other manifold extortions and oppressions by the said Horsemen and Footmen daily and nightly committed and done which been the principal causes of the desolation and destruction of the said Land and hath brought the same into ruine and Decay so as the most part of the English Free-holders and Tenants of this Land been departed out thereof some into the Realm of England and other some to other strange Lands whereupon the foresaid Lords and Gentlemen of this Land have intruded into the said Free-holders and Tenants inheritances and the same keepeth and occupieth as their own inheritances and setten under them in the same Land the Kings Irish Enemies to the diminishing of Holy Churches Rites the disherison of the King and his obedient Subjects and the utter ruine and desolation of the Land For reformation whereof be it enacted That the King shall receive a Subsidy of 26. s. 8. d. out of every 120. acres of arable land manured c. But to return to Thomas Fitz-Maurice of Desmond By this extortion of Coigne and Livery he suddainly grew from a mean to a mighty estate insomuch as the Baron Finglas in his discourse of the decay of Ireland affirmeth that his ancient inheritance being not one thousand marks yearly he became able to dispend every way ten thousand pounds per annum These possessions being thus unlawfully gotten could not be maintained by the just and honourable Law of England which would have restored the true Owners to their Land again And therefore this Great man found no means to continue and uphold his ill-purchased greatness but by rejecting the English Law and Government and assuming in lieu thereof the barbarous customs of the Irish And hereupon followed the defection of those four shires containing the greatest part of Munster from the obedience of the Law In like manner saith Baron Finglas the Lord of Tipperary perceiving how well the house of Desmond had thrived by Coigne and Livery and other Irish exactions began to hold the like course in the Counties of Tipperary and Kilkenny whereby he got great scopes of Land especially in Ormond and raised many Irish exactions upon the English Free-holders there which made him so potent and absolute among them as at that time they knew no other Law than the will of their Lord. Besides finding that the Earl of Desmond excluded the ordinary Ministers of Justice under colour of a Royal liberty which he claimed in the Counties of Kerry Corke and Waterford by a grant of King Edward the first as appeareth in a Quo warranto brought against him Anno 12. Edw. 1. the Record whereof remaineth in Breminghams Tower among the common Plea-Rolls there This Lord also in the third of Edward the third obtained a Grant of the like liberty in the County of Tipperary whereby he got the Law into his own hands and shut out the Common Law and Justice of the Realm And thus we see that all Munster fell away from the English law and Government in the end of King Edward the second his raign and in the beginning of the raign of King Edward the third Again about the same time viz. in the 20. year of King Edward the second when the State of England was well-ny ruined by the Rebellion of the Barons and the Government of Ireland utterly neglected there arose in Leinster one of the Cavanaghes named Donald Mac Art who named himself Mac Murrogh King of Leinster and possessed himself of the County of Catherlogh and of the greatest part of the County of Wexford And shortly after Lisagh O Moore called himself O Moore took eight Castles in one Evening destroyed Duamase the principal house of the L. Mortimer in Leix recovered that whole Country De servo Dominus de subjecto princeps effectus saith Friar Clynn in his Annalls Besides the Earl of Kildare imitating his Cosin of Desmond did not omit to make the like use of Coigne and Livery in Kildare and the West part of Meath which brought the like Barbarisme into those parts And thus a great part of Leinster was lost and fell away from the Obedience of the Crown near about the time before expressed Again in the
seventh year of King Edward the Third the Lord William Bourke Earl of Vlster and Lord of Conaght was treacherously murdered by his own Squires at Knockfergus leaving behinde him Vnicam unius anni filiam saith Friar Clinne Immediately upon the murder committed the Countess with her young daughter fled into England so as the Government of that Country was wholly neglected until that young Lady being married to Lionel Duke of Clarence that Prince came over with an Army to recover his Wives inheritance and so reform this Kingdom Anno 36. of Edward the third But in the mean time what became of that great inheritance both in Vlster and Conaght Assuredly in Vlster the Sept of Hugh Bog O Neal then possessing Glaucoukeyn and Killeightra in Tyrone took the opportunity and passing over the Banne did first expel the English out of the Barony of Tuscard which is now called the Rout and likewise out of the Glynnes and other Lands up as far as Knockfergus which Countrey or extent of Land is at this day called the lower Clan Hugh-Boy And shortly after that they came up into the great Ardes which the Latin writers call Altitudines Vltoniae and was then the inheritance of the Savages by whom they were valiantly resisted for divers years but at last for want of Castles and fortifications for the saying of Henry Savage mentioned in every Story is very memorable That a Castle of Bones was better than a Castle of Stones the English were over-run by the multitude of the Irishry So as about the thirtieth of King Edward the third some few years before the arrival of the Duke of Clarence the Savages were utterly driven out of the Great Ardes into a little nook of Land near the River of Strangford where they now possess a little Territory called the little Ardes and their greater patrimony took the name of the upper Clan Hugh-Boy from the Sept of Hugh Boy O Neale who became Invaders thereof FOr Conaght some younger branches of the Family of the Bourkes being planted there by the Red Earl and his Ancestors seeing their chief to be cut off and dead without Heir-male and no man left to govern or protect that Province intruded presently into all the Earls Lands which ought to have been seized into the Kings hands by reason of the minority of the heir And within a short space two of the most potent among them divided that great Seigniory betwixt them the one taking the name of Mac William Oughtier and the other of Mac William Fighter as if the Lord William Bourke the last Earl of Vlster had left two Sons of one name behind him to inherit that Lordship in course of Gavel-kind But they well knew that they were but Intruders upon the Kings possession during the minority of the heir they knew those Lands were the rightfull inheritance of that young Lady and consequently that the Law of England would speedily evict them out of their possession and therefore they held it the best pollicy to cast off the yoak of English Law and to become meer Irish and according to their example drew all the rest of the English in that Province to do the like so as from thenceforth they suffered their possessions to run in course of Tanistry and Gavel-kinde They changed their names language and apparel and all their civil manners and Customs of living Lastly about the 25. year of King Edward the third Sir Richard de Clare was slain in Thomond and all the English Colonies there utterly supplanted Thus in that space of time which was between the tenth year of King Edward the second and the 30. year of King Edward the third I speak within compass by the concurrence of the mischiefs before recited all the old English Colonies in Munster Conaght and Vlster and more than a third part of Leinster became degenerate and fell away from the Crown of England so as only the four shires of the English Pale remained under the Obedience of the Law and yet the Borders and Marches thereof were grown unruly and out of order too being subject to Black-Rents and Tribute of the Irish which was a greater defection than when ten of twelve Tribes departed and fell away from Kings of Juda. But was not the State of England sensible of this loss and dishonour Did they not endeavour to recover the Land that was lost and to reduce the Subjects to their Obedience Truly King Edward the Second by the incursions of the Scottish Nation and by the insurrection of his Barons who raised his Wife and his Son against him and in the end deposed him was diverted and utterly disabled to reform the disorders of Ireland But as soon as the Crown of England was transferred to King Edward the third though he were yet in his minority the State there began to look into the desperate estate of things here And finding such a general defection Letters were sent from the King to the great men and Prelates requiring them particularly to swear fealâ—y to the Crown of England Shortly after Sir Anthony Lucy a Person of great authority in England in those dayes was sent over to work a reformation in this Kingdom by a severe course and to that end the King wrote expresly to the Earl of Vlster and others of the Nobility to assist him as is before remembred presently upon his arrival he arrested Maurice Fitz-Thomas Earl 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 Earl of Desmond were left to Mainprize upon condition he should appear before the King by a certain day and in the mean time to continue loyal AFter this the King being advertised that the over-large Grants of Lands and Liberties made to the Lords of English blood in Ireland made them so insolent as they scorned to obey the Law and the Magistrate did absolutely resume all such Grants as is before declared But the Earl of Desmond above all men found himself grieved with this resumption or Repeal of Liberties and declared his dislike and discontentment insomuch as he did not only refuse to come to a Parliament at Dublin summoned by Sir William Morris Deputy to the Lord John Darcy the Kings Lieutenant But as we have said before he raised such dissention between the English of blood and the English of birth as the like was never seen from the time of the first planting of our Nation in Ireland And in this factious and seditious humour he drew the Earl of Kildare and the rest of the nobility with the Citizens and Burgesses of the principal Towns to hold a several Parliament by themselves at Kilkenny where they framed certain Articles against the Deputy and transmitted the same into England to the King Hereupon Sir Raphe Vfford who had lately before married the Countess
he intended was to reform the degenerate English Colonies and to reduce them to obedience of the English Law and Magistrate To that end in the fortieth year of King Edward the third he held that famous Parliament at Kilkenny wherein many notable Laws were enacted which do shew and lay open For the Law doth best discover enormities how much the English Colonies were corrupted at that time and do infallibly prove that which is laid down before That they were wholly degenerate and faln away from their obedience For first it appeareth by the Preamble of these Laws that the English of this Realm before the coming over of Lionel Duke of Clarence were at that time become meer Irish in their Language Names Apparel and all their manner of living and had rejected the English Laws and submitted themselves to the Irish with whom they had many Marriages and Alliances which tended to the utter ruine and destruction of the Commom-wealth Therefore alliance by Marriage Nurture of Infants and Gossipred with the Irish are by this Statute made High-Treason Again if any man of English race should use any Irish Name Irish Language or Irish Apparel or any other guise or fashion of the Irish if he had Lands or Tenements the same should be seized till he had given security to the Chancery to conform himself in all points to the English manner of living And if he had no Lands his body was to be taken and imprisoned till he found Sureties as aforesaid Again it was established and commanded that the English in all their Controversies should be ruled and governed by the Common Law of England and if any did submit himself to the Brehon Law or March Law he should be adjudged a Traytor Again because the English at that time made War and Peace with the bordering Enemy at their pleasure they were expresly prohibited to levy War upon the Irish without special Warrant and Direction from the State Again it was made paenal to the English to permit the Irish to Creaght or graze upon their Lands to present them to Ecclesiastical Benefices to receive them into any Monasteries or Religious Houses or to entertain any of their Minstrels Rimers or News-tellers to impose or sess any Horse or Foot upon the English subjects against their wills was made felony And because the great Liberties or Franchises spoken of before were become Sanctuaries for all Malefactors express power was given to the Kings Sheriffs to enter into all Franchises and there to apprehend all Felons and Traytors And lastly because the great Lords when they levied Forces for the Publike Service did lay unequal burthens upon the Gentlemen and Freeholders it was ordained that four Wardens of the Peace in every County should set down and appoint what Men and Armor every man should bear according to his Freehold or other ability of esate THese and other Laws tending to a general reformation were enacted in that Parliament And the Execution of these Laws together with the Presence of the Kings Son made a notable alteration in the State and Manners of this people within the space of seven years which was the term of this Princes Lieutenancy For all the Discourses that I have seen of the Decay of Ireland do agree in this that the presence of the Lord Lionel and these Statutes of Kilkenny did restore the English Government in the degenerate Colonies for divers years And the Statute of the tenth of Henry the seventh which reviveth and confirmeth the Statutes of Kilkenny doth confirm as much For it declareth that as long as these Laws were put in â—ure and execution this Land continued in prosperity and honor and since they were not executed the Subjects rebelled and digressed from their Allegeance and the Land fell to ruine and desolation And withal we finde the effect of these Laws in the Pipe-Rolls and Plea-Roâ—ls of this Kingdom For from the 36 of Edw. 3. when this Prince entred into his Government till the beginning of Richard the second his Reign we finde the Revenue of the Crown both certain and casual in Vlster Munster and Conaght accounted for and that the Kings Writ did run and the Common Law was executed in every of these Provinces I joyn with these Laws the personal presence of the Kings Son as a concurrent cause of this Reformation Because the people of this Land both English and Irish out of a natural pride did ever love and desire to be governed by great persons And therefore I may here justly take occasion to note that first the absence of the Kings of England and next the absence of those great Lords who were inheritors of those mighty Seigniories of Leinster Vlster Conaghtâ— and Meath have been main causes why this Kingdom was not reduced in so many ages TOuching the absence of our Kings three of them onely since the Norman Conquest have made Royal journeys into this Land namely King Henry the second King John and King Richard the second And yet they no sooner arrived here but that all the Irishry as if they had been but one man submitted themselves took Oathes of fidelity and gave pledges and hostages to continue loyal And if any of those Kings had continued here in person a competent time till they had settled both English and Irish in their several possessions and had set the Law in a due course throughout the Kingdom these times wherein we live had not gained the honor of the final conquest and reducing of Ireland For the King saith Salomon dissipat omne malum intuitu suo But when Moses was absent in the Mount the people committed Idolatry and when there was no King in Israel every man did what seemed best in his own eyes And therefore when Alexander had conquered the East part of the World and demanded of one what was the fitest place for the seat of his Empire he brought and laid a dry hide before him and desired him to set his foot on the one side thereof which being done all the other parts of the hide did rise up but when he did set his foot in the middle of the hide all the other parts lay flat and even Which was a lively demonstration that if a Prince keep his residence in the border of his Dominions the remote parts will easily rise and rebel against him But if he make the Centre thereof his Seat he shall easily keep them in peace and obedience TOuching the absence of the great Lords All Writers do impute the decay and loss of Leinster to the absence of these English Lords who married the five Daughters of William Marshal Earl of Pembroke to whom that great Seigniory descended when his five Sons who inherited the same successively and during their times held the same in peace and obedidence to the Law of England were all dead without issue which hapned about the fortieth year
made themselves Owners of all by Force were now by the Law reduced to this point That wanting means to defray their ordinary charges they resorted ordinarily to the Lord Deputy and made Petition that by License and Warrant of the State they might take some aid and contribution from their people as well to discharge their former debts as for competent maintenance in time to come But some of them being impatient of this diminution fled out of the Realm to forreign Countreys Whereupon we may well observe That as Extortion did banish the old English Free-holder who could not live but under the Law So the Law did banish the Irish Lord who could not live but by Extortion Again these Circuits of Justice did upon the end of the War more terrifie the loose and idle persons than the execution of the Martial Law though it were more quick and sudden and in a short time after did so clear the the Kingdom of Thieves and other Capital Offendors as I dare affirm that for the space of five years last past there have not been found so many Malefactors worthy of death in all the six Circuits of this Realm which is now divided into thirty two shires at large as in one Circuit of six shires namely the Western Circuit in England for the truth is that in time of Peace the Irish are more fearful to offend the Law than the English or any other Nation whatsoever Again whereas the greatest advantage that the Irish had of us in all their Rebellions was Our Ignorance of their Countreys their Persons and their Actions Since the Law and her Ministers have had a passage among them all their places of Fastness have been discovered and laid open all their paces cleared and notice taken of every person that is able to do either good or hurt It is known not onely how they live and what they do but it is foreseen what they purpose or intend to do Insomuch as Tyrone hath been heard to complain that he had so many eyes watching over him as he could not drink a full Carouse of Sack but the State was advertized thereof within few hours after And therefore those allowances which I finde in the ancient Pipe Rolls Pro guidagio spiagio may be well spared at this day For the Under-Sheriffs and Bailiffs errant are better Guides and Spies in the time of Peace than any were found in the time of War Moreover these Civil Assemblies at Assizes and Sessions have reclaimed the Irish from their Wildness caused them to cut off their Glibs and long Hair to convert their Mantles into Cloaks to conform themselves to the manner of England in all their behaviour and outward forms And because they finde a great inconvenience in moving their suits by an Interpreter they do for the most part send their Children to Schools especially to learn the English Language so as we may conceive and hope that the next generation will in tongue and heart and every way else become English so as there will be no difference or distinction but the Irish Sea betwixt us And thus we see a good conversion and the Irish Game turned again For heretofore the neglect of the Law made the English degenerate and become Irish and now on the other side the execution of the Law doth make the Irish grow civil and become English Lastly these general Sessions now do teach the people more obedience and keep them more in awe than did the general Hostings in former times These Progresses of the Law renew and confirm the Conquest of Ireland every half year and supply the defect of the Kings absence in every part of the Realm In that every Judge sitting in the Seat of Justice doth represent the person of the King himself These effects hath the establishment of the Publick Peace and Justice produced since his Majesties happy Reign began Howbeit it was impossible to make a Common-Weal in Ireland without performing another service which was the setling of all the Estates and Possessions as well of Irish as English thoroughout the Kingdom For although that in the twelfth year of Queen ELIZABETH a special Law was made which did enable the Lord Deputy to take Surrenders and regrant Estates unto the Irishry upon signification of Her Majesties pleasure in that behalf yet were there but few of the Irish Lords that made offer to surrender during her Reign and they which made Surrenders of entire Countreys obtained Grants of the whole again to themselves onely and to no other and all in Demesn In passing of which Grants there was no care taken of the Inferiour Septs of people inhabiting and possessing these Countreys under them but they held their several portions in course of Tanistry and Gavelkinde and yielded the same Irish Duties or Exactions as they did before So that upon every such Surrender and Grant there was but one Free-holder made in a whole Countrey which was the Lord himself all the rest were but Tenants at Will or rather Tenants in Villenage and were neither fit to be sworn in Juries nor to perform any Publick service And by reason of the uncertainty of their Estates did utterly neglect to build or to plant or to improve the Land And therefore although the Lord were become the Kings Tenant his Countrey was no whit reformed thereby but remained in the former Barbarism and Desolation Again in the same Queens time there were many Irish Lords which did not surrender yet obtained Letters-Patents of the Captain-ships of their Countreys and of all Lands and duties belonging to those Captainships For the Statute which doth condemn and abolish these Captain-ries usurped by the Irish doth give power to the Lord Deputy to grant the same by Letters Patents Howbeit these Irish Captains and likewise the English which were made Seneschalles of the Irish Countries did by colour of these grants and under pretence of Government claim an Irish Seigniory and exercise plain tyranny over the Common people And this was the fruit that did arise of the Letters Patents granted of the Irish Countries in the time of Queen Elizabeth where before they did extort and oppress the people only by colour of a lewd and barbarous custom they did afterwards use the same Extortions and oppressions by warrant under the great Seal of the Realm But now since his Majesty came to the Crown two special Commissions have been sent out of England for the setling and quieting of all the possessions in Ireland The one for accepting Surrenders of the Irish and degenerate English and for regranting Estates unto them according to the course of the common Law The other for strengthening of defective Titles In the Execution of which Commissions there hath ever been had a special care to settle and secure the under-Tenants to the end there might be a repose and establishment of every Subjects Estate Lord and Tenant Free-holder and Farmer thoroughout the Kingdom Upon Surrenders this