per interfectionem praedict ā cōmittere non potuit quia dicit praedict Rogerus Hibernic est et nō de libero sanguine dicit etiā qd praedict Rogerus fuit de Cognomine de Ohederiscal et non de cognonime de cautetons et de hoc ponit se super patriam c. Et Iurati dicunt super Sacram. suum quod praedictus Rogerus Hibernicus fuit et de cognonime de Ohederiscall pro Hibernico habebatur tota vita sua Ideo praedict Willielmus quoad feloniam praedict quietus Sed quia praedictus Rogerus Ottederiscall suit Hibernicus Domini Regis praedict Willielmus recommittatur Gaolae quovsque plegios inuenerit de quinque marcis soluendis Domino Regi pro solutione praedicti Hiberntci But on the otherside if the Iurie had found that the party slaine had beene of English race and Nation it had bin adiudged fellony as appeareth by a Record of 29. of Edward the first in the Crowne-Office heere Coram Waltero Lenfant et socijs suis Iustitiarijs Itinerantibus apud Drogheda in Comitatu Louth Iohannes Laurens indictat de morte Galfridi Douedal venit non dedicit mortem praedictam sed dicit quod praedict Galfridus fuit Hibernicus et non de libero sanguine et de bono et malo ponit se super patriam c. Et Iurat dicunt super Sacram. suum quod praedict Galfridus Anglicus fuit et ideo praedict Iohannes culpabilis est de morte Galfridi praedict Ideo suspend Catalla 13. s. vnde Hugo de Clinton Vicecom respondet Hence it is that in all the Parliament Rolles which are extant from the fortith yeare of Edward the thirde when the Statutes of Kilkenny were enacted till the raigne of King Henry the eight we finde the degenerat and disobedient English called Rebelles but the Irish which were not in the Kings peace are called Enemies Statute Kilkenny c. 1. 10. and 11. 11. Hen. 4. c. 24. 10. Hen. 6. c. 1. 18. 18. Hen. 6. c. 4. 5. Edw. 4. c. 6. 10. Hen. ◠c. 17. All these Statutes speak of English Rebels and Irish Enemies as if the Irish had neuer bin in condition of Subiectes but alwaies out of the protection of the Law and were indeede in worse cafe then Aliens of any forren Realme that was in amity with the Crowne of England For by diuers heauie paenall Lawes the English were forbidden to marry to foster to make Gossippes with the Irish or to haue anie Trade or commerce in their Markets or Fayres nay there was a Law made no longer since then the 28. yeare of Henrie the eight that the English should not marry with any person of Irish blood though he had gotten a Charter os Denization vnlesse he had done both homage and fealty to the King in the Chancery and were also bound by Recognisaunce with sureties to continue a loyall subiect Whereby it is manifest that such as had the Gouernment of Ireland vnder the Crowne of England did intend to make a perpetuall separation and enmity betweene the English and the Irish pretending no doubt that the English should in the end roote out the Irish which the English not being able to do did cause a perpetuall Warre betweene the nations which continued foure hundered and odde yeares and would haue lasted to the Worlds end if in the end of Queene Elizabeths raigne the Irishry had not beene broken and conquered by the Sword And since the beginning of his Maiesties raigne had not bin protected and gouerned by the Law BVt perhaps the Irishry in former times did wilfully refuse to be subiect to the Lawes of England and would not be partakers of the benefit thereof though the Crowne of England did desire it and therefore they were reputed Aliens Out-lawes and enemies Assuredly the contrarie doth appeare aswel by the Charters of Denization purchased by the Irish in all ages as by a petition preferred by them to the King Anno 2. Edward the third desiring that an Act might passe in Ireland whereby all the Irishrie might be inabled to vse and inioy the Lawes of England without purchasing of particular Denizations Vppon which petition the King directed a speciall Writ to the Lorde Iustice which is found amongst the CloseRolles in the Tower of London in this forme Rex dilecto fideli suo Iohannis Darcile Nepieu Iustic suo Hiberniae Salutem Exparte quorundam hominum de Hibernia nobis extitit supplicatum vt per Statutum inde faciendum concedere velimus quod omnes Hibernici qui voluerint legibus vtatur Anglicanis ita quod necesse non habeant super hoc Chartas alienas à nobis impetrare nos igitur Certiorari volentes si sine alieno praeiudicio praemissis annuere valeamus vobis mandamus quod voluntatem magnatum terr illius in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia perscrutari facias et de eo quod inde inueneritis vna cum Consilio et aduisamento nobis certificetis c. Whereby I collect that the great Lordes of Ireland had informed the King that the Irishry might not be naturalized without damage and preiudice either to them selues or to the Crowne But I am well assured that the Irishrie did desire to bee admitted to the benefit of the Law not onely in this petition exhibited to king Edward the third but by all their submissions made to King Richard the second and to the Lord Thomas of Lancaster before the warres of the two Houses and afterwards to the Lord Leonard Gray Sir Anthony Saint-Leger when K. Henry the eight began to reforme this kingdome In particular the Birnes of the Mountaines in the 34. of Henrie the 8 desire that their Countrey might bee made Shire-ground and called the County of wicklow And in the 23. of Henry the eight O Donnel doth Couenant with Sir VVilliam Skeffington Quod si Dominus Rex velit reformare Hiberniam whereof it should seeme hee made some doubt that hee and his people would gladly bee gouerned by the Lawes of England Onely that vngratefull Traitour Tirone though hee had no colour or shadowe of Title to that great lordship but only by grant from the Crowne and by the Law of England for by the Irish Law he had beene ranked with the meanest of his Sept yet in one of his Capitulations with the State hee required that no Sheriffe might haue iurisdiction within Tirone and consequently that the Lawes of England might not be executed there Which request was neuer before made by O Neale or any other Lorde of the Irishry when they submitted themselues but contrariewise they were humble sutors to haue the benefit and protection of the English Lawes THis then I note as a great defect in the Ciuill policy of this kingdom in that for the space of 350. yeares at least after the Conquest first attempted the English lawes were not communicated to the
imprisoned iudged as a Traitor And that heerafter there be no diuersity of ligeance betweene the English borne in Ireland and the English borne in England but that all bee called and reputed English and the Lieges of our Soueraigne Lord the KING c. This Law was made only to reforme the degenerat English but there was no care taken for the reformation of the meer Irish no ordinance no prouision made for the abolishing of their barbarous Customes and manners Insomuch as the Law then made for Apparrell and riding in Saddles after the English fashion is penal only to English men not to the Irish. But the Romaine State which conquered so many Nations both barbarous and Ciuill and therefore knewe by experience the best and readiest way of making a perfect absolute conquest refused not to communicate their Lawes to the rude barbarous people whom they had Conquered neither did they put them out of their protection after they had once submitted themselues But contrarywise it is said of Iulius Caesar Qua vicit victos protegit ille manu And againe of another Emperor Fecisti patriam diuersis gentibus vnam Profuit invitis te dominante capi Dumque offers victis proprij consortia Iuris vrbem fecisti quod priùs orbis erat And of Rome it selfe Haec est in gremium victos quae sola recepit Humanumque genus communinomine fouit Matris non dominae ritu Ciuesque vocavit Quos domuit nexuque pio longinqua reuinxit Therefore as Tacitus writeth Iulius Agricola the Romaine Generall in Brittany vsed this pollicy to make a perfect Conquest of our Ancestours the ancient Brittaines They were sayth he rude and dispersed and therfore prone vpon euery occasion to make warre but to induce them by pleasure to quietnesse and rest he exhorted them in priuate and gaue them helpes in common to builde Temples Houses and places of publique resort The Noblemens sonnes hee tooke and instructed in the Liberall Sciences c. preferring the wits of the Brittaines before the Students of France as beeing now curious to attaine the Eloquence of the Romaine Language whereas they lately reiected that speech After that the Roman Attire grew to be in account and the Gowne to be in vse among them and so by little and little they proceeded to curiosity delicacies in Buildings and furniture of Houshold in Bathes and exquisit Banquets and so beeing come to the heighth of Ciuility they were thereby brought to an absolute subiection LIkewise our Norman Conqueror though he oppressed the English Nobility very sore and gaue away to his seruitors the Lands and possessions of such as did oppose his first inuasion though he caused all his Actes of Counsel to be published in French and some legall proceedings pleadings to bee framed and vsed in the same tongue as a marke and badge of a conquest yet he gouerned Al both English and Normans by one the same Law which was the auncient common Law of England long before the Conquest Neither did he denie any English-man that submitted himselfe vnto him The benefit of that Law thogh it were againsta Norman of the best ranke and in greatest fauour as appeared in the notable Controuersie betweene VVarren the Norman and Sherburne of Sherburne Castle in Norfolke for the Conquerour had giuen that Castle to warren yet when the Inheritors thereof had alledged before the King that he neuer bore Armes against him that hee was his subiect aswell as the other that he did inherit and hold his Landes by the rules of that Law which the King had established among all his Subiects The King gaue iudgement against VVarren and commanded that Sherborn shold hold his land in peace By this meane him-selfe obtained a peaceable possession of the kingdom within few yeares whereas if he had cast all the English out of his protection and held them as Aliens and Enemies to the Crowne the Normans perhaps might haue spent as much time in the Conquest of England as the English haue spent in the Conquest of Ireland THE like prudent course hath bin obserued in reducing of Wales which was performed partly by King Edward the first and altogether finished by King Henry the eight For we finde by the Statute of Rutland made the 12. of Edward the first when the Welshmen had submitted themselus De alto Basso to that King he did not reiect and cast them off as Out-lawes and Enemies but caused their Lawes and Customes to be examined which were in many points agreeable to the Irish or Brehon Lawe Quibus diligenter audit is plenius intellectis quasdam illarū saieth the King in that Ordinance Consilio procerum dileuimus quasdam permissimus quasdam correximus ac etiā quasdam alias adijciendas et faciend de creuimus and so established a Commonwealth among them according to the forme of the English Gouernement After this by reason of the sundry insurrections of the Barons the Warres in France and the dissention betweene the houses of Yorke and Lancaster the State of England neglected or omitted the execution of this Statute of Rutland so as a great part of Wales grew wilde and barbarous again And therefore King Henrie the eight by the Statutes of the 27. and 32. of his raign did reuiue and recontinue that Noble worke begun by King Edward the first and brought it indeed to ful perfection For he vnited the Dominion of Wales to the Crown of England and deuided it into Shires and erected in euery Shire one Borough as in England and enabled them to send Knights Burgesses to the Parliament established a Court of Presidency and ordained that Iustices of Assise and Gaol-deliuerie should make their halfe yearly Circuits there as in England made all the Lawes Statutes of England in force there and among other Welsh Customes abolished that of Gauel-kinde wherby the Heyres-Females were vtterlie excluded and the Bastards did inherit aswel as the Legimate which is the very Irish Gauelkinde By means whereof that entire Country in a short time was securely setled in peace and Obedience and hath attained to that Ciuility of Manners and plentie of all things as now we finde it not inferiour to the best parts of England I will therefore knit vp this point with these conclusions First that the Kings of England which in former Ages attempted the Conquest of Ireland being ill aduised and counselled by the great men heere did not vpon the submissions of the Irish communicate their Lawes vnto them nor admit them to the state and condition of Free-subiectes Secondly that for the space of 200 yeares at least after the first arriual of Henry the secound in Ireland the Irish would gladly haue embraced the Lawes of England and did earnestly desire the benefite and protection thereof which being denied them did of necessitie cause a continuall bordering warre between the English and the Irish. And lastly if
Henry 7. For albeit in the time of King Henry 6. Richard duke of York a Prince of the blood of great wisedome and valour and heir to a third part of the Kingdome at least being Earle of Vlster and Lord of Conaght and Meth was sent the Kinges Lieutenant into Ireland to recouer and reforme that Realme where he was resident in person for the greatest part of 10. yeares yet the troth is he aymed at another marke which was the Crown of England And therefore he thought it no pollicy to distast either the English or Irish by a course of reformation but sought by all meanes to please them and by popular courses to steale away their hearts to the end hee might strengthen his party when he should set on foot his Title as is before declared Which policy of his tooke such effect as that he drew ouer with him into England the Flower of all the English Colonies specially of Vlster and Meth whereof many Noblemen and Gentlemen were slain with him at wakefield as is likewise before remembred And after his Death when the warres between the Houses were in their heat almost al the good English bloud which was left in Ireland was spent in those ciuill dissentions so as the Irish became victorious ouer all without Bloud or Sweat Only that little Canton of Lande called the English Pale containing 4. small Shires did maintain a bordering war with the Irish and retaine the forme of English Gouernment But out of that little Precinct there were no Lordes Knights or Burgesses summoned to the Parliament neither did the Kings Writt run in anie other part of the kingdome and yet vpon the Marches Borders which at that time were growne so large as they tooke vp halfe Dublin half Meth and a third part of Kildare and Lowth there was no law in vse but the MarchLawe which in the Statutes of Kilkenny is said to be no Law but a leud Custome So as vpon the end of these ciuill warres in England the English Law Gouernment was well banisht out of Ireland so as no foot-steppe or print was left of any former Reformation THen did King Henry 7. send ouer Sir Edward Poynings to be his Depuputy a right worthy seruitor both in war and peace The principall end of his employment was to expel Perkin warbecke out of this kingdome but that seruice beeing perfourmed that worthy Deputy finding nothing but a common misery tooke the best course he possibly could to establish a Common-wealth in Ireland and to that end he held a Parliament no lesse famous then that of Kilkenny and more auaileable for the reformation of the whole Kingdome For whereas all wise men did euer concur in opinion that the readiest way to reform Ireland is to settle a forme of Ciuill Gouernment there conformable to that of England To bring this to passe Sir Edward Poynings did passe an Acte whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but prouided also for the time to come For he caused another Law to be made that no Act should be propounded in any Parliament of Ireland but such as should bee first transmitted into England and approued by the King and Counsell there as good and expedient for that Land and so returned backe againe vnder the Great Seale of England This Act though it seeme Prima facie to restrain the liberty of the subiects of Ireland yet was it made at the Prayer of the Commons vpon iust and important cause For the Gouernors of that realm specially such as were of that Contry Birth had layd many oppressions vpon the Commons and amongst the rest they had imposed Lawes vppon them not tending to the generall good but to serue priuate turnes and to strengthen their particular factions This moued them to referre all Lawes that were to be passed in Ireland to be considered corrected and allowed first by the State of England which had alwaies bin tender carefull of the good of this people and had long since made them a Ciuill Rich and Happy Nation if their own Lords and Gouernors there had not sent bad intelligence into England Besides this he took special order that the summons of Parliament should go into all the shires of Ireland and not to the foure shires only and for that cause specially hee caused all the Acts of a Parliament lately before holden by the Viscount of Gormanston to be repealed and made voide Moreouer that the Parliamentes of Ireland might want no desent or honorable forme that was vsed in England he caused a particular Act to passe that the Lords of Ireland should appeare in the like Parliament Robes as the English Lords are wont to weare in the Parliaments of England Hauing thus established all the statutes of England in Ireland and set in order the great Counsell of that Realme he did not omit to passe other Lawes aswell for the encrease of the Kings Reuennue as the preseruation of the publick peace To aduaunce the profites of the Crown First he obtained a subsidy of 26. s. 8. d. out of euery sixe score Acres manured payable yearely for 5. years Next he resumed al the Crown land which had been aliened for the most part by Richard Duke of Yorke lastly he procured a subsidy of Pondage out of all Merchandizes imported exported to be granted to the Crown in perpetuity To preserue the publicke peace he reuiued the statutes of Kilkenny He made wilfull murther High-Treason he caused the Marchers to book their men for whom they should answere and restrained the making Warre or peace without speciall Commission from the State These Lawes and others as important as these for the making of a commonwealth in Ireland wer made in the Gouernment of Sir Edward Poynings But these Lawes did not spread their Vertue beyonde the English Pale though they were made generally for the whole Kingdome For the Prouinces without the Pale which during the warre of Yorke and Lancaster had wholly cast off the English Gouernement were not apt to receyue this seed of reformation because they were not first broken and maistered againe with the sword Besides the Irish Countreyes which contained two third parts of the Kingdome were not reduced to Shire-Ground so as in thē the Lawes of England could not possibly be put in execution Therefore these good Laws prouisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little vse can be made till the Lute bee made fit to be plaid vpon And that the execution of al these Lawes had no greater Latitude then the Pale is manifest by the Statute of 13. of Henry 8. c. 3. which reciteth that at that time the Kings Lawes were obeyed and executed in the four shires onely and yet then was the Earle of Surrey Lieutenant of
Ireland a Gouernor much feared of the Kings Enemies and exceedingly honored and beloued of the Kings subiects And the instructions giuen by the state of Ireland to Iohn Allen Maister of the Rols employed into England neere about the same time doe declare as much wherein among other things hee is required to aduertise the King that his Land of Ireland was so much decayed as that the Kings Lawes were not obeyed twenty miles in compas Whereupon grew that By-word vsed by the Irish viz That they dwelt By-west the Law which dwelt beyond the Riuer of the Barrow which is within 30. Miles of Dublin The same is testified by Baron Finglas in his Discourse of the decay of Ireland which hee wrote about the 20. yeare of King Henry 8. And thus we see the effect of the Reformation which was intended by Sir Edward Poynings THE next Attempt of Reformation was made in the 28. yeare of King Henry 8. by the Lorde Leonard Gray who was created Viscount of Garny in this Kingdome and helde a Parliament wherein many excellent Lawes were made But to prepare the mindes of the people to obey these Lawes he began first with a Martiall course For being sent ouer to suppresse the Rebellion of the Giraldines which he performed in few months he afterwards made a victorious Circuit round about the Kingdome beginning in Offaly against O Connor who had ayded the Giralà ines in their Rebellion and from thence passing along through all the Irish Countries in Leinster and so into Mounster wher hee tooke pledges of the degenerate Earle of Desmond and thence into Conaght and thence into Vlster then concluded this warlicke Progresse with the Battell of Belahoo in the Borders of Meth as is before remembred The principall Septs of the Irishry beeing all terrified and most of them broken in this iourney manie of their chiefe Lords vppon this Deputies returne came to Dublin and made their submissions to the crown of England Namely the O Neales O Relies of Vlster Mac Murrogh O Birne and O Carrol of Leinster and the Bourks of Conaght This preparation being made he first propounded and passed in Parlament these Lawes which made the great alteration in the State Ecclesiastical Namely the Act which declared King Henry the eight to bee supreame Head of the Church of Ireland The Act probibiting Apeales to the church of Rome the Act for first fruites and twentith part to be paid to the King the Act for Faculties and Dispensations And lastly the Act that did vtterly abolish the vsurped Authoritie of the Pope Next for the encrease of the Kings Reuennew By one Act he suppressed sundry Abbeyes and Religious Houses and by another Acte resumed the Lands of the Absentees as is before remembred And for the Ciuill Gouernment a speciall Statute was made to abolish the Black-Rents and tributes exacted by the Irish vpon the English Colonies and another Law enacted that the English Apparrell Language manner of liuing should bee vsed by all such as would acknoledge themselues the Kings Subiects This Parliament being ended the Lord Leonard Gray was suddenly reuokt and put to death in England so as hee liued not to finish the woorke of Reformation which he had begun which notwithstanding was well pursued by his successors Sir Anthony Saint-Leger Vnto whom all the Lords and Chiefetanes of the Irishry and of the degenerate English throughout the Kingdome made their seueral submissions by Indenture which was the fourth general submission of the Irish made since the first attempt of the Conquest of Ireland whereof the first was made to King Henry 2. the second to k. Iohn the third to K. Richard 2. and his last to Sir Anthony Saint-Leger in 33. of Hen. 8. IN these Indentures of submission all the Irish Lords do acknowledge K. Henry the eight to be their Soueraign Lord and King and desire to bee accepted of him as subiects They confesse the Kings supremacy in all causes do vtterly renounce the Popes Jurisdiction which I conceiue to bee worth the noting because when the Irish had once resolued to obey the king they made no scruple to renounce the Pope And this was not only done by the meere Irish but the chiefe of the degenerate English Families did perfourme the same as Desmond Barry and Roche in Mounster and the Bourkes which bore the Title of Mac william in Conaght These submissions being thus taken the Lorde Deputy and Counsell for the present Gouernment of those Irish Countries made certaine Ordinances of state not agreeable altogither with the Rules of the Law of England the reason whereof is exprest in the preamble of those Ordinances Quia nondum sic sapiunt leges Iura vt secundū ea iam immediatè viuere regipossint The chiefe points or Articles of which Orders registred in the Counsel Booke are these That King Henrie the eight shold be accepted reputed and named King of Ireland by all the Inhabitants of the Kingdome that al Archbishops and Bishops should bee permitted to exercise their Iurisdiction in euery Diocesse throughout the Land that tithes should be duely set out and paide that Children should not be admitted to Benefices that for euery Manslaughter and theft aboue 14 d committed in the Irish Contries the offender shold pay a fine of 40. li. twenty pound to the King and 20. li. to the Captaine of the Country and for euery thefte vnder 14. d. a fine of fiue markes should be paid 46. s. viij d to the Captaine and 20. s. to the Tanister That Horsemen and Kearn shold not be imposed vppon the Common people to beefed and maintained by them That the Maister shold answer for his seruants and the Father for his Children That Cuttinges should not be made by the Lorde vppon his Tenants to maintaine war with his neighbors but only to beare his necessary expences c. These ordinances of state being made and published there were nominated and appointed in euery prouince certaine Orderers or Arbitraters who instead of these Irish Erehons should heare and determine all their Controuersies In Conaght the Arch-Bishop of Tuam the Bishop of Clonfert Captaine wakeley and Captaine Ouington In Munster the Bishop of VVaterford the Bishop of Corke and Rosse the Maior of Corke and Maior of Yough-hall In Vlster the Archbishop of Ardmagh the Lord of Lowth And if any difference did arise which they could not end either for the difficultie of the cause or for the obstinacy of the parties they were to certifie the Lord Deputy and Counsell who would decide the matter by their authority Heereuppon the Irish Captaines of lesser Territories which had euer bin oppressed by the greater mightier some with Risings out others with Bonaght and others with Cuttings and spendings at pleasure did appeale for Iustice to the Lorde Deputy who vpon hearing their Complaints did alwayes order that they should all imediatly depend vpon the King and
pretending that hee was a most able and willing person to performe seruice there because he had a great inheritance of his owne in Ireland namely the Earledom of Vlster and the Lordships of Conaght Meth by discent from Lionell Duke of Clarence We do not finde that this great Lord came ouer with any numbers of waged souldiers but it appeareth vpon what good termes hee tooke that Gouernment by the Couenants betweene the King and him which are recorded and confirmed by Acte of Parliament in Ireland and were to this effect 1. That he should be the Kings Lieutenant of Ireland for ten yeares 2. That to support the charge of that Countrey he should receiue al the kings reuennewes there both certaine and casual without accompt 3. That he should bee supplyed also with treasure out of England in this maner he should haue four thousand Markes for the first yeare whereof he should bee imprested 2000. li. before hand and for the other nine yeares hee should receiue 2000. li. per annum 4. That hee might Let to Ferme the Kings Landes and place and displace all Officers at his pleasure 5. That he might leuy and wage what numbers of men he thought fit 6. That he might make a Deputy and returne at his pleasure We cannot presume that this Prince kept any great army on foote aswell because his means out of England were so meane and those ill paide as appeareth by his passionate letter written to the Earl of Salisbury his brother in Law the Coppy whereof is Registred in the Story of this time as also because the whole Lande except the English Pale and some part of the Earledome of Vlster vppon the Sea Coasts were possest by the Irish. So as the Reuennew of the Kingdome which he was to receiue did amount to little He kept the Borders Marches of the Pale with much adoo he held many Parliaments wherein sundry Lawes were made for erecting of Castles in Louth Meth and Kildare to stop the incursions of the Irishrie And because the souldiers for want of pay were sessed and laide vppon the subiects against their willes vpon the prayer and importunitie of the Commons this extortion was declared to be High-Treason But to the end that some meanes might be raised to norish some forces for defence of the Pale by another Acte of Parliament euery twenty pound Land was charged with the furnishing and maintenance of one Archer on horsebacke Besides the natiue subiects of Ireland seeing the kingdome vtterly ruined did passe in such numbers into England as one Law was made in England to transmit them backe againe and another Law made heere to stop their passage in euery Port creeke Yet afterwards the greatest partes of the Nobility and Gentry of Meth past ouer into England and were slaine with him at wakefield in Yorkshire Lastly the State of England was so farre from sending an army to subdue the Irish at this time as among the Articles of greeuances exhibited by the Duke of Yorke against K. Henry the sixte this was one That diuers Lords about the King had caused his Highnesse to write Letters vnto some of his Irish enemies whereby they were encouraged to attempt the conquest of the said Land Which Letters the same Irish enemies had sent vnto the Duke maruailing greatlie that such Letters should be sent vnto them speaking therein great shame of the Realme of England After this when this great Lorde was returned into England and making claime to the Crowne beganne the Warre betwixt the two Houses It cannot bee conceiued but that the kingdome fell into a worse and weaker estate WHen Edward the fourth was setled in the kingdome of England he made his Brother George Du. of Clarence Lieutenant of Ireland This Prince was born in the Castle of Dublin during the Gouernment of his father the Duke of Yorke yet did hee neuer passe ouer into this kingdome to gouerne it in person though hee held the Lieutenancie many yeares But it is manifest that King Edward the fourth did not pay any army in Ireland during his raigne but the men of war did pay themselues by taking Coigne and Liuery vppon the Countrey which extortion grew so excessiue and intollerable as the Lord Tiptoft being Deputy to the Duke of Clarence was enforced to execute the Law vppon the greatest Earle in the Kingdome namely Desmond who lost his head at Drogheda for this offence Howbeit that the State might not seeme vtterly to neglect the defence of the Pale there was a fraternity of men at armes called the Brother-hood of S. George erected by Parlament the 14. of Edward the fourth consisting of thirteene the most Noble and woorthy persons within the foure shires Of the first foundation were Thomas Earle of Kildare Sir Rowland Eustace Lord of Port-lester and Sir Robert Eustace for the County of Kildare Robert Lord of Howth the Maior of Dublin and Sir Robert Dowdall for the County of Dublin the Vicount of Gormauston Edward Plunket Seneshall of Meth Alexander Plunket and Barna be Barnewale for the County of Meth the Maior of Drogheda Sir Lawraunce Taaffe and Riehard Bellewe for the Countie of Lowtb These and their successors were to meet yearely vpon S. Georges day and to choose one of themselues to be Captaine of that Brother-hood for the next yeare to come Which Captaine shold haue at his commaund 120. Archers on horsebacke 40. horsemen and forty Pages to suppresse Out-lawes and rebels The Wages of euery Archer should be vj. pence Per diem euery horseman v. d. Per diem and foure Markes Per annum And to pay these entertainments and to maintain this new fraternity there was granted vnto them by the same Act of Parlament a subsidie of Pondage out of all Marchandizes exported or imported thoroughout the Realme hydes and the goods of Free-men of Dublin Drogheda onely excepted These 200. men were al the standing forces that were then maintained in Ireland And as they were Natiues of the kingdom so the kingdom it selfe did pay their wages without expecting any treasure out of England BVt now the warres of Lancaster and Yorke being ended and Henrie the seuenth being in the actuall peaceable possession of the kingdome of England let vs see if this King did send ouer a Competent Armie to make a perfect Conquest of Ireland Assuredly if those two I dolles or counterfets which were set vp against him in the beginning of his raign had not found footing and followers in this Lande King Henrie the seuenth had sent neither horse nor foote hither but let the Pale to the Guard and defence of the fraternitie of Saint George which stood till the tenth year of his raigne And therefore vpon the erection of the first I doll which was Lambert the Priests Boy he transmitted no forces but sent ouer Sir Richard Edgecomb with Commission to take an Oath of
being doone it was neuer intended that these forces should stand till the rest of the kingdome were setled and reduced onely that army which was brought ouer by the Earle of Essex Lorde Lieutenant and Gouernor generall of this kingdom in the 39. yeare of Queen Elizabeth to suppresse the Rebellion of Tirone which was spred vniuersally ouer the whole Realme That armie I say the command whereof with the gouernment of the Realme was shortly after transferred to the commaund of the Lord Montioy afterwards Earl of Deuonshire who with singular wisedom valour and industry did prosecute finish the Warre did consist of such good men of warre and of such numbers being wel-ny 20000. by the Pol and was so royally supplied and paid and continued in ful strength so long a time as that it brake and absolutely subdued all the Lordes and Chiefetaines of the Irishry and degenerate or rebellious English Whereupon the multitude who euer loued to bee followers of such as could master and defend them admyring the power of the Crownc of England being brai'd as it were in a Morter with the Sword Famine Pestilence altogither submitted themselues to the English gouernment receiued the Lawes and Magistrates and most gladly embraced the Kings pardon and peace in all parts of the Realme with demonstration of ioy and comfort which made indeede an entire perfect and finall Conquest of Ireland And thogh vpon the finishing of the warre this great armie was reduced to lesse numbers yet hath his Maiestie in his wisedome thought it fit stil to maintaine such competent forces heere as the Law may make her progresse Circuit about the Realme vnder the protection of the sword as Virgo the figure of Iustice is by Leo in the Zodiack vntill the people haue perfectly learned the Lesson of Obedience the Conquest bee established in the hearts of all men THus farre haue I endeuoured to make it manifest that from the first aduenture and attempt of the English to subdue and conquer Ireland vntill the last warre with Tyrone which as it was royally vndertaken so it was really prosecuted to the end there hath bin foure maine defects in the carriage of the martiall affayres heere First the armies for the most part were too weake for a Conquest Secondly when they were of a competent strength as in both the iournies of Richard the second they were too soone broken vp and dissolued Thirdly they were ill paide And fourthly they were ill Gouerned which is alwayes a consequent of ill payment BVt why was not this great worke perfourmed before the latter end of Queene Elizabeths raigne considering that many of the Kings her Progenitors were as great Captaines as any in the world and had else-where larger Dominions and Territories First who can tell whither the Diuine Wisedom to abate the glory of those Kings did not reserue this Worke to be done by a Queen that it might rather appeare to be his owne imediate worke And yet for her greater Honor made it the last of her great actions as it were to Crowne al the rest And to the end â—hat a secure peace might settle the Conquest and make it firme and perpetuall to posteritie caused it to bee made in that fulnesse of time when England and Scotland became to be vnited vnder one imperiall Crowne and when the Monarchy of Great Britainy was in league amity with all the worlde Besides the Conquest at this time doth perhaps fulfill that prophesie wherin the four great Prophets of Ireland do concur as it is recorded by Giraldus CambreÌ„sis to this effect That after the first inuasion of the English they shold spend many ages in crebris conflictibus longoque certanime multis coedibus And that Omnes fere Anglici ab Hibernia turbabuntur nihilominus orientalia maritima semper obtinebunt Sed vix paulo anté diem Iuditij plenam Anglorum populo victoriam compromittunt Insula Hibernica de mari vsque ad mare de toto subacta incastellata If S. Patrick and thâ—… did not vtter this prophesy certainly Giraldus is a Prophet who hath reported it To this we may adde the prophesy of Merlin spoken of also by Giraldus Sextus moenia Hiberniae subuertet regiones in Regnum redigentur Which is performed in the time of King Iames the sixt in that all the paces are cleared and places of fastnesse laid open which are the proper Wals Castles of the Irish as they were of the British in the time of Agricola and withal the Irish Countries beeing reduced into Counties make but one entire and vndeuided kingdome But to leaue these high obscure causes the plaine and manifest trueth is that the Kings of England in al ages had bin powerfull 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 diuided and diâ—…ted their power som other way Let vs therefore take a briefe view of the seuerall impediments which arose in euery Kinges time since the first ouerture of the Conquest whereby they were so employed and busied as they could not intend the finall Conquest of Ireland KIng Henrie the second was no sooner returned out of Ireland but all his foure Sonnes conspired with his enemies rose in Arrnes and moued warre against him both in France and in England This vnnaturall treason of his sons did the King expresse in an Embleme painted in his Chamber at winchester wherein was an Eagle with three Eglets tyring on her brest the fourth pecking at one of her eyes And the troth is these vngracious practises of his sonnes did impeach his iourney to the Holy-Land which he had once vowed vexed him all the dayes of his life and brought his gray haires with sorrow to the graue Besides this king hauing giuen the Lordship of Ireland to Iohn his youngest sonne his ingratitude afterwards made the king carelesse to settle him in the quiet and absolute possession of that kingdome RIchard the first which succeeded Henrie the second in the kingdom of England had lesse reason to bend his power towardes the Conquest of this Land which was giuen in perpetuity to the Lord Iohn his brother And therefore went hee in person to the holy warre by which iourney his captiuity in Austria and the heauy ransome that he paid for his libertie hee was hindred and vtterly disabled to pursue any so great an action as the Conquest of Ireland And after his deliuery and returne hardly was he able to maintaine a frontier warre in Normandy where by hard fortune he lost his life KIng Iohn his Brother had greatest reason to prosecute the Warre of Ireland because the Lordship thereof was the portion of his inheritance giuen vnto him when hee was called Iohn Sans-Terre Therefore hee made two iournies thither one when he was Earle of Morton and very yong about twelue
many years together yet the sundry rebellions ioyned with forraign inuasions vpon this Island whereby it was in danger to be vtterly lost to bee possessed by the enemies of the Crowne of England did quicken her Maiesties care for the preseruation thereof and to that end from time to time during her raigne she sent ouer such supplies of men and treasure as did suppresse the Rebels and repell the inuaders Howbeit before the transmitting of the last great army the forces sent ouer by Queene Elizabeth were not of sufficient power to break and subdue all the Irishry and to reduce and reforme the whole Kingdome but when the generall defection came which came not without a special prouidence for the final good of that kingdome though the second causes thereof were the faint prosecution of the Warre against Tyrone the practises of Priests and Iesuites the expectation of the ayds froÌ„ Spaine Then the extreame perill of loosing the Kingdome the dishonor danger that might thereby growe to the Crowne of England together with a iust disdaine conceiued by that great-minded Queene that so wicked and vngratefull a Rebell should preuayle against Her who had euer been victorious against all her enemies did moue and almost enforce her to send ouer that mighty army and did withall enflame the hearts of the Subiects of England chearefully to contribute to wardes the maintaining thereof a Million of sterling poundes at least which was done with a purpose only to Saue and not to Gaine a kingdom To keep and retaine that Soueraignetie which the Crowne of England had in Ireland such as it was and not to recouer a more absolute Dominion But as it falleth out many times that when a house is on fire the Owner to saue it from burning pulleth it downe to the ground but that pulling downe doeth giue occasion of building it vp againe in a better forme So these last warres which to saue the Kingdome did vtterly breake distroy this people produced a better effect then was at first expected For euery Rebellion when it is supprest dooth make the subiect weaker and the Prince stronger So this general reuolt when it was ouercom did produce a generall Obedience Reformation of al the Irishrie which euer before had beene disobedient vnreformed thereupon ensued the finall and full conquest of Ireland And thus much may suffice to bee spoken touching the defectes in the martiall affayres and the weake faint prosecution of the warre and of the seuerall Impediments or imployments which did hinder or diuert euery King of England successiuely from reducing Ireland to their absolute subiection IT now remaineth that wee shew the defects of the Ciuil Pollicy Gouernment which gaueno lesse impediment to the perfection of this Conquest THe first of that kinde doeth consist in this That the Crown of England did not from the beginning giue Lawes to the Irishry whereas to giue Lawes to a conquered people is the principall marke and effect of a perfect Conquest For albeit King Henrie the second before his returne out of Ireland held a Counsell or Parliament at Lissemore Vbi Leges Angliae ab omnibus sunt gratanter receptae Iuratoria Cautione Prastita confirmatae as Marth Paris writeth And though King Iohn in the 12. yeare of his raigne did establish the English Lawes and Customes heere and placed Sheriffes and other Ministers to rule and gouerne the people according to the Law of England and to that end Ipse duxit secum viros discretos legis peritos quorum communi consilio statuit praecepit leges Anglicanas teneri in Hibernia c. as wee finde it recorded among the Patent Rolles in the Tower 11. Hen. 3. m. 3. Though likewise King Henrie the third did graunt transmit the like Charter of liberties to his subiects of Ireland as himselfe and his Father had graunted to the Subiects of England as appeareth by another Recorde in the Tower 1. Hen 3. Pat. m. 13. And afterwards by a speciall Writ did commaund the Lord Iustice of Ireland Quod conuocatis Archiepiscopis Episcopis Comitibus Baronibus c. Coram eis legi faceret Chartam Regis Iohannis quam ipse fecit iurari à Magnatibus Hiberniae de legibus Constitutionibus Angliae obseruandis quod leges illas tencant obseruent 12. Hen. 3. Claus. m. 8. And after that againe the same King by Letters Patents vnder the great seale of England did confrime the establishment of the English Lawes made by King Iohn in this forme Quia pro Communi vtilitate terrae Hiberniae ac vnitate terrarum de Communi Consilio prouisum sit quod omnes leges consuetudines quae in regno Angliae tenentur in Hiberniâ teneantur eadem terra eiusdem legibus subiaceat ac per easdem regatur sicut Iâ—hanes Rex cumiliuc esset Statuit firmiter mandauit ideo volumus quod omnia breuia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub nouo sigillo nostro c. Teste meipso apud woodstocke c. Which confirmation is found among the PatentRolles in the Tower Anno 30. Hen. 3. Notwithstanding it is euident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry which were enfranchised by special Charters wer admitted to the benefit and protection of the Lawes of England and that the Irish generally were held and reputed Aliens or rather enemies to the Crowne of England insomuch as they were not only disabled to bring anie actions but they were so farre out of the protection of the Lawe as it was often adiudged no fellony to kill a meere Irish-man in the time of peace That the meere Irish were reputed Aliens appeareth by sundrie Records wherein Iudgement is demanded if they shall be answered in Actions brought by them and likewise by the Charters of Denization which in all Ages were purchased by them In the common plea-Rolles of 28. Edward the third which are yet perserued in Breminghams Tower this case is adiudged Simon Neal brought an action of trespasse against william Newlagh for breaking his Close in Claudalkin in the County of Dublin the Defendant doth plead that the plaintiffe is Hibernicus non de Quinque sanguinibus and demandeth iudgement if he shall be answered The Plaintiffe replieth Quod ipse est de quinque sanguinibus viz De les Oneiles de Vlton qui per Concessionem progenitoruÌ„ Domini Regis Libertatibus Anglicis gaudere debent vtuntur proliberis hominibus reputantur The Defendant reioyneth that the Plaintiffe is not of the Oneales of Vlster Nec de quinque sanguinibus And thereupon they are at yssue Which being found for the Plaintiffe he had Iudgement to recouer his dammages against the Defendant By this Record it apeareth that fiue principal blouds or Septs of the Irishry were
called the Crosse wherein the K. made a Sheriffe And so in each of these Counties Palatines there were two Sheriffes One of the Libertie another of the Crosse As in Meth we find a Sheriffe of the Liberty and a Sheriffe of the Crosse And so in Vlster so in wexford And so at this day the Earle of Ormond maketh a Sheriffe of the Liberty and the King a Sheriffe of the Crosse of Tipperary Heereby it is manifest how much the Kinges Iurisdiction was restrained and the power of these Lords enlarged by these High Priuiledges And it doth further appear by one Article among others preferred to King Edward the thirde touching the reformation of the state of Ireland which we finde in the Tower in these words Item les francheses grantes in Irelād que sont Roialles telles come Duresme Cestre vous oustont cybien de les profits Come de graunde partie de Obeisance des persons enfrancheses en quescū franchese est Chancellerie Chequer Conusans de pleas cybien de la Coronne come autres communes grantont auxi Charters de pardon et sont souent per ley et reasonable cause seisses envostre main a grand profit de vous et leigerment restitues per maundemēt hors de Englettere a damage c. Vnto which Article the K. made answer Le Roy voet que les francheses que sont et serront per iuste cause prises en sa main ne soent my restitues auant que le Roy soit certifie de la cause de la prise de icelles 26. Ed. 3. Claus. m. 1. Again these great Vndertakers were not tied to any forme 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 seruices reserued to the Crowne but the Lords drew all the respect and dependancie of the common people vnto Themselues Nowe let vs see what inconueniences did arise by these large and ample Grants of Landes and Liberties to the first Aduenturers in the Conquest ASsuredly by these Grants of whole Prouinces and pettie Kingdomes those few English Lordes pretended to be proprieters of all the Land so as there was no possibility left of setling the Natiues in their possessions and by consequence the Conquest becam impossible without the vtter extirpation of all the Irish which these English Lords were not able to doe nor perhaps willing if they had bin able Notwithstanding because they did still hope to become Lordes of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants and because they did feare that if the Irish were receiued into the Kings protection and made Liege-men and Free-subiectes the state of England woulde establish them in their possessions by Graunts from the Crowne reduce their Countries into Counties ennoble some of them and enfranchise all and make them amesueable to the Lawe which woulde haue abridged and cut off a great part of that greatnesse which they had promised vnto themselues they perswaded the King of England that it was vnfit to Communicate the Lawes of England vnto them that it was the best pollicie to holde them as Aliens and Enemies and to prosecute them with a continuall warre Heereby they obtained another Royal prerogatiue and power which was to make Warre and peace at their pleasure in euery part of the Kingdome Which gaue them an absolute Commaund ouer the Bodies Landes and Goods of the English subiectes heere And besides the Irish inhabiting the Lands fully Conquered and reduced being in condition of slaues and Villaines did render a greater profit and Reuennew then if they had bin made the Kings Free-subiects And for these two causes last expressed they were not willing to root out all the Irishry We may not therfore meruaile that when King Edward the third vpon 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 praeiudicio cōcederepossit quod per statut inde fact Hibernici vtantur legibus Anglicanis siue chartis Regijs inde Impetrandis that there was neuer any Statute made to that effect For the troth is that those great English Lords did to the vttermost of their power crosse and withstand the enfranchisement of the Irish for the causes before expressed Wherein I must stil cleare and acquit the Crown and State of England of negligence or ill pollicy and lay the fault vppon the Pride Couetousnesse ill Counsell of the English planted heer which in all former ages haue bin the chiefe impediments of the final Conquest of Ireland AGaine those large scopes of Land and great Liberties with the absolute power to make warre and peace did raise the English Lordes to that height of Pride and Ambition as that they could not endure one another but grew to a mortall warre and dissention among themselues as appeareth by all the Records and Stories of this Kingdome First in the yeare 1204. the Lacies of Meth made Warre vpon Sir Iohn Courcy who hauing taken him by treachery sent him prisoner into England In the yeare 1210. King Iohn comming ouer in person expelled the Lacies out of the Kingdome for their tiranny and oppression of the English howbeit vppon payment of great Fines they were afterward restored In the yeare 1228. that family beeing risen to a greater heighth for Hugh de Lacy the yonger was created Earle of Vlster after the death of Courcy without yssue there arose dissention and warre betweene that house and william Marshall Lorde os Leinster whereby all Meth was destroyed and layd wast In the yeare 1264. Sir walter Bourke hauing married the Daughter heire of Lacy whereby he was Earl of Vlster in right of his Wife had mortall debate with Maurice Fitz-Morice the Geraldine for certaine Lands in Conaght So as all Ireland was full of Wars between the Bourkes and the Geraldines say our Annalles Wherein Maurice Fitz-Morice grew so insolent as that vppon a meeting at Thistledermot he took the Lord Iustice himselfe Sir Richard Capell prisoner with diuers Lords of Mounster beeing then in his Company In the yeare 1288. Richard Bourke Earle of Vlster commonly called the Red Earle pretending title to the Lordship of Meth made warre vpon Sir Theobald de Verdun and besiedged him in the Castle of Athloue Againe in the yeare 1292. Iohn Fitz-Thomas the Geraldine hauing by contention with the Lorde Vesci gotten a goodly inheritance in Kildare grew to that heighth of immagination saith the Story as he fell into difference with diuers great Noblemen and among many others with Richard the Red Earle 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 wast and destroy all the Countrey After in the yeare 1311. the same Red Earle
that the weaker should haue no dependancy vpon the stronger Lastly he preuailed so much with the greatest of them Namely O Neale O Brien and Mac william as that they willingly did passe into England and presented themselus to the king who thereuppon was pleased to aduance them to the degree and honor of Earles to grant vnto them their seuerall Contries by Letters patents Besides that they might learne Obedience and Ciuility of maners by often repairing vnto the State the K. vpon the motion of the same Deputy gaue each of them a house and Lands neere Dublin for the entertainement of their seuerall traines This course did this Gouernour take to reforme the Irishry but withall he did not omit to aduance both the honor and profit of the King For in the Parliament which he helde the 33. of Henry 8. hee caused an Acte to passe which gaue vnto K. Henry 8. his heyres and successors the name stile and Title of King of Ireland whereas before that time the Kings of England were stiled but Lords of Ireland albeit indeed they were absolute Monarks thereof and had in right all Royall Imperial Iurisdiction power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher then the name of Lorde Assuredly the assuming of this title hath not a litle raysed the soueraignty of the K. of England in the minds of this people Lastly this Deputy brought a great augmentation to the Kings Reuenue by dissoluing of all the Monasteries and Religious Houses in Ireland which was done in the same Parliament afterward by procuring Min and Cauendish two skilfull Auditours to bee sent ouer out of England Who tooke an exact suruey of all the possessions of the Crowne and brought manie things into charge which had beene concealed and substracted for manie years before And thus far did Sir Anthony Saint-Leger proceed in the course of Reformation which though it wer a good beginning yet was it far from reducing Ireland to the perfect Obedience of the Crown of England For all this while the Prouinces of Conaght and Vlster and a good parte of Leinster were not reduced to Shire-Ground And though Mounster were anciently diuided into Counties the people were so degenerate as no Iustice of Assise durst execute his Commission amongst them None of the Irish Lords or Tenants were setled in their possessions by any Graunt or Confirmation from the Crowne except the three great Earles before named who notwithstanding did gouern their Tenants and Followers by the Irish or Brehon Law so as no treason murther rape or theft committed in those Countries was inquired of or punisht by the Law of England and consequently no Escheat Forfeiture or Fine no Reuenue certain or casuall did acrew to the Crowne out of those Prouinces The next worthy Gouernor that endeuoured to aduaunce this Reformation was Thomas Earle of Sussex who hauing throughly broken and subdued the two most rebellious and powerful Irish Septs in Leinster namely the Moores O Connors possessing the territories of Leix Offaly did by Act of Parliament 3. 4. Phil. Mariae reduce those Countries into two seuerall Counties naming the one the Kinges and the other the Queenes County which were the first two Counties that had beene made in this Kingdome since the twelfth yeare of King Iohn at what time the Territories thē possessed by the English Colonies were reduced into 12. Shires as is before expressed This Noble Earle hauing thus extended the Iurisdiction of the English Lawe into two Counties more was not satisfied with that addition but took a resolution to diuide all the rest of the Irish Countries vnreduced into seuerall Shires and to that end he caused an Act to passe in the same Parliament authorising the Lord Chancellour from time to time to award Commissions to such persons as the Lord Deputy should nominate and appoint to viewe and perambulate those Irish territories and thereupon to diuide and limit the same into such and so many seuerall Counties as they should thinke meete which beeing certified to the Lord Deputy and approued by him should bee returned and enrolled in the Chancery and from thenceforth be of like force and effect as if it were doone by Act of Parliament Thus did the Earle of Sussex lay open a passage for the Ciuill gouernment into the vnreformed partes of this Kingdome but himselfe proceeded no further then is before declared HOwbeit afterwardes during the raigne of Queen Elizabeth Sir Henry Sidney who hath left behinde him many Monuments of a good Gouernour in this Land did not onely pursue that course which the Earle of Sussex began in reducing the Irish Countries into Shires and placing therein Sheriffes and other Ministers of the Law for first hee made the Annaly a Territory in Leynster possessed by the Sept of Offerralles one entire Shire by it selfe and called it the County of Longford and after that he diuided the whole Prouince of Conaght into sixe Counties more namely Clare which containeth all Thomond Gallaway Sligo Mayo Roscomon and Leytrim But he also had caused diuers good Lawes to be made performed sundry other seruices tending greatly to the reformation of this Kingdome For first to diminish the greatnesse of the Irish Lordes and to take from them the dependancy of the Common people in the Parliament which he held 11. Eliz. Hee did abolish their pretended and vsurped Captain-ships and all exactions and extortions incident thereunto Next to settle their Seigniories possessions in a course of Inheritance according to the course of the Common Law he caused an Act to passe whereby the Lord Deputy was authorised to accept their Surrenders and to re-grant estates vnto them to hold of the Crown by English tenures and seruices Againe because the Inferior sort were loose and poore and not amesnable to the Law hee prouided by another Act that fiue of the best eldest persons of euery Sept should bring in all the idle persons of their sur-name to be iustified by the Law Moreouer to giue a ciuill education to the Youth of this Land in the time to come prouision was made by another Law that there should bee one Free-schoole at least erected in euery Diocesse of the Kingdom And lastly to invre and acquaint the people of Mounster and Conaght with the English Gouernment againe which had not been in vse among them for the space of 200. yeares before hee instituted two Presidency Courtes in those two Prouinces placing Sir Edward Fitton in Conaght and Sir Iohn Perrot in Mounster To augment the Kings Reuennew in the same Parliament vppon the attainder of Shane O Neale hee resumed vested in the Crowne more then halfe the Prouince of Vlster He raised the Customes vpon the principall cōmodities of the Kingdome He reformed the abuses of the Exchequer by many good orders and instructions sent out of England and lastly he
years of age the other when he was King in the 12. yeare of his raigne In the first his own youth and his youthfull company Roboams Câ—…sellours made him hazard the losse of al that his father had won But in the later he shewed a resolution to recouer the entire Kingdome in taking the submissions of al the Irishry and setling the estates of the English and giuing Order for the building of many Castles and Forts wherof some remaine vntill this day But hee came to the Crowne of England by a defeasible Title so as he was neuer well setled in the hearts of the people which drew him the sooner back out of Ireland into England where shortlie after he fell into such trouble and distresse The Clergy cursing him on the one side and the Barons rebelling against him on the other as hee became so farre vnable to returne to the Conquest of Ireland as besides the forfeiture of the territories in Fraunce hee did in a manner loose both the kingdomes For hee surrendred both to the Pope and tooke them backe againe to hold in Fee-farme which brought him into such hatered at home and such contempt abroad as all his life time after hee was possest rather with feare of loosing his head then with hope of reducing the kingdome of Ireland DVring the infancy of Henry the 3. the Barons were troubled in expelling the French whome they had drawne in against King Iohn But this Prince was no sooner come to his maiority but the Barons raised a long and cruell 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 prouisions and infinite exactions whereby the kingdom was so impouerished as the King was scarse able to feed his owne housholde and traine much lesse to nourish armies for the conquest of forren kingdoms And albeit he had giuen this Land to the Lord Edward his eldest sonne yet could not that woorthy Prince euer finde meanes or opportunity to visit this kingdome in person For from the time he was able to beare armes he serued continually against the Barons by whom hee was taken prisoner at the battell of Lewes And when that rebellion was appeased he made a iourney to the Holy Land an employment which in those daies diuerted all Christian Princes from performing any great actions in Europe froÌ„ whence hee was returned when the Crowne of England descended vpon him THis King Edward the first who was a Prince adorned with all vertues did in the mannaging of his affayres shew himselfe a right good husband who being Owner of a Lordship ill husbanded doth first enclose mannure his demeasnes neere his principall house before he doth improue his wasts a sarre off Therefore he beganne first to establish the Common-wealth of England by making many excellent Lawes and instituting the forme of publique Iustice which remaineth to this day Next hee fullie subdued and reduced the Dominion of Wales then by his power and authoritie hee setled the kingdome of Scotland and lastly he sent a royall armie into Gascoigne to recouer the Dutchy of Aquitaâ—… These foure great actions did take vp 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 wee finde it recorded both in the Annalles and in the Pipe-Rolles of this kingdom that three seuerall armies were raised of the Kings subiectes in Ireland and transported one into Scotland another into wales and the third into Gascoigne and that seuerall aydes were leuied heere for the setting forth of those armies THe sonne and successor of this excellent Prince was Edward the second who much against his will sent one smal armie into Ireland not with a purpose to finish the Conquest but to guarde the person of his Minion Piers Gaueston who being banished out of England was made Lieutenant of Ireland that so his exile might seem more honourable He was no sooner ariued heere but he made a iourny into the Mountaines of Dublin brake and subdued the Rebels there built New-Castle in the â—irnes Country and repaired Castle keuin after passed vp into Mounster and Thomond performing euerie where great seruice with much Vertue and valour But the King who could not liue without him reuokt him within lesse then a yeare After which time the inuasion of the Scots and rebellion of the Barons did not onely disable this King to bee a Conqueror but depriued him both of his kingdome and life And when the Scottish Nation had ouer-run all this land vnder the conduct of Edward le Bruce who stiled himselfe King of Ireland England was not then able to send either men or mony to saue this Kingdome Onely Roger de Mortimer then Iustice of Ireland arriued at Youghall cum 38. milite saith Friar Cliuu in his Annalles But Bremingham Verdon Stapleton some other priuat Gentlemen rose out with the Commons of Meth and Vriell and at Fagher neere Dondalke a fatall place to the enemies of the Crowne of England ouerthrew a potent army of them Et sic saith the red Booke of the Exchequer wherein the victory was briefely recorded per manus communis populi dextram dei deliberatur populus dei a seruitute machinata praecogitata IN the time of King Edward the third the impediments of the Conquest of Ireland are so notorious as I shal not neede to expresse them to wit the warre which the King had with the Realmes of Scotland and of Fraunce but especially the Warres of Fraunce which were almost continuall for the space of fortie yeares And indeede France was a fairer marke to shoot at then Ireland could better reward the Conqueror Besides it was an inheritance newly discended vpon the King and therfore he had great reason to bend all his power and spend all his time and treasure in the recouery thereof And this is the true cause why Edward the third sent no armie into Ireland till the 36. yeare of his raigne when the Lorde Lionell brought ouer a Regiment of 1500. men as is before expressed which that wise and warlicke Prince did not transmit as a competent power to make a full conquest but as an honorable retinue for his sonne and withall to enable him to recouer some part of his Earledome of Vlster which was then ouer-run with the Irish. But on the other part though the English Colonies were much degenerate in this kings time and had lost a great part of their possessions yet lying at the siedge of Callis hee sent for a supply of men out of Ireland which wer transported vnder the conduct of the Earle of Kildar and Fulco de la Freyn in the yeare 1347. ANd now are we come again to the time of King Richard the second who for the first tenne yeares of his raigne was a Minor and much
by speciall grace enfranchised and enabled to take benefit of the Lawes of England And that the Nation of O Neales in Vlster was one of the fiue And in the like case 3. of Edward the second among the Plea-Rolles in Breminghams Tower All the 5. Septs or blouds Qui gaudeant lege Anglicana quoad breuia protaÌ„da are expressed namely Oneil de Vltonia O Molaghlin de Midia O Connoghor de Connacia O Brien de Thotmonia Mac Murrogh de Lagenia And yet I finde that O Neale himselfe long after viz. in 20. Ed. 4. vpon his mariage 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. Ed. 4. C. 8. Againe in the 29. of Ed. 1. before the Iustices in Eire at Drogheda Thomas le Botteler broght an action of Detinuc against Robert de Almain for certaine 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 Iurat c. Iurat ' dicunt super Sacrament ' suum quod praedict ' Thomas Anglicus est ideo consideratum est quod recuperet c. These two Records among many other do sufficiently shewe that the Irish were disabled to bring any actions at the common Lawe Touching their denizations they were common in euerie Kinges raigne since Henrie the second and were neucr out of vse till his Maiesty that now is came to the Crowne Among the Pleas of the Crown 4. of Edw. 2. we finde a confirmation made by Edw. 1. of a Charter of Denization granted by Henrie the second to certain Oostmen or Easterlings who were Inhabitantes of Waterford long before Hen. 2. attempted the conquest of Ireland Edwardus dei gratia c. Iustitiario suo Hiberniae Salutem Quia per Inspectionem Chartae Dam. Hen Reg. filij Imperatricis quondam Dom. Hiberniae proaui nostri nobis Constat quod Ostmanni de Waterford legem Anglicorum in Hibernia habere secundam ipsam legem Iudicari deduci debent vobis mandamus quod Gillicrist Mac Gilmurrij Willielmum Iohannem Mac Gilmurrij alios Ostmannos de ciuitate Comitatu Waterford qui de predictis Ostmannis praedict Dom. Henr. proauinostri originem duxerunt legem Anglicorum in partibus illis iuxta tenorem Chartae praedict habere eos secundum ipsam legem quantuÌ„ in nobis est deduci faciatis donec aliud de Consilio nostro inde duxerimus ordinand In Câ—ius rei c. Teste meipso apud Acton Burnell 5. Octobris anno regni nostri vndecimo Againe among the Patent Rolles of 1. Ed. the fourth remaining in the Chancery heere we finde a Patent of Denization graunted the 13. of Edward the first in these Wordes Edwardus Dei gratia Rex Angliae Dom. Hiberniae Dur Aquitaniae c. Omnibus Balliuis et fidelibus suis in Hibernia Salutem Volentes Christophero filio Donaldi Hibernico gratiam facere specialem concedimus pronobis et haeredibus nostris quod idem Christopherus hanc habeat libertatem Viz. Quod ipse de caetero in Hibernia vtatur legibus Anglicanis et prohibemus ne quisquam contra hanc concessioneÌ„ nostram dictum ChristopheruÌ„ vexet in aliquo vel perturbet In câ—ius rei Testimonium c. Teste meipso apud Westm. 27. die Iunij annoregni nostri 13. In the same Roll wee finde another Charter of Denization graunted in the first of Edw. 4. in a more larger and beneficiall forme Edw. Die gratia c. Omnibus Balliuis c. Salutem Sciatis quodnes volentes Willielmum O Bolgir capellanum de Hibernica Natione existentem fauore prosequi gratioso de gratia nostra speciali c. Concessimus eidem Willielmo quod ipse liberi sit Status et liberae conditionis et ab omni seruitute Hibernicâ liber et quietus et quod ipse legibus Anglicanis in omnibus et per omnia vti possit et gaudere eodem modo quo homines Anglici infra dictam terram eas habent et ijs gaudent et vtuntur quodque ipse respondeat et respondeatur in quibuscumque Curijs nostris ac omminod terras tenementa redditus et seruitia perquirere possit sibi et haeredibus 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 meere Irish were not reputed free subiects nor admitted to the benefit of the Lawes of England vntill they had purchased Charters of Denization Lastly the meere Irish were not onely accompted Aliens but Enemies and altogither out of the protection of the Law so as it was no capitall offence to kill them and this is manifest by many Records At a Gaol-deliuery at waterford before Iohn wogan Lord Iustice of Ireland the 4. of Edw. the second wee finde it recorded among the pleas of the Crown of that yeare Quod Robertus le VVayleys rectatus de morte Iohannis filij Iuor Mac Gillemory felonice per ipsum interfecti c. Venit et bene cognouit quod praedictum Iohannem interfecit dicit tamen quod per eius interfectionem feloniam committere non potuit quia dicit quod praedictus Iohannes fuit purus Hibernicus et non de libero sanguine c. Et cum Dominus dicti Iohannis cuius Hibernicus idem Iohannes fuit die quo interfectus fuit solutionem pro ipso Iohanne Hibernico suo sic interfecto petere voluerit ipse Robertus paratus erit ad respondend'de solutione praedict prout Iustitia suadebit Et super hoc venit quidam Iohannes le Poer et dicit pro Domino Rege quod praedict Iohannes filius Iuor Mac Gillemory et antecessores sui de cognonime praedict a tempore quo Dominus Henrions filius Imperatricis quondam Dominus Hiberniae Tritavus Domini Regis nune fuit in Hibernia legem Anglicorum in Hibernia vsque ad hunc diem habere et secundum ipsam legem Iudicari et deduci debent And so pleaded the Charter of Denization graunted to the Oostmen recited before All which appeareth at large in the saide Record Wherein we may note that the killing of an Irish man was not punnished by our Lawe as Man-slaughter which is fellony and capitall for our Law did neither protect his life nor reuenge his death but by a Fine or pecuniary punishment which is called an Ericke according to the Brehon or Irish Law Againe at a Gaol-deliuery before the same Lord Iustice at Limericke in the Roll of the same year we find that willielmus filius Rogeri rectatus de morte Rogeri de Cauteton felonice per ipsum interfecti venit et dicit quod feloniam
Irish nor the benefit and protection therof allowed vnto them though they earnestly desired and sought the same For as long as they were out of the protection of the Lawe so as euery English-man might oppresse spoyle and kill them without controulment howe was it possible they shoulde bee other then Out-Lawes Enemies to the Crown of England If the King woulde not admit them to the condition of Subiects how could they learn to acknoledge and obey him as their Soueraigne When they might not conuerse or Commerce with any Ciuill men nor enter into any Towne or Citty without perrill of their Liues whither should they flye but into the Woods and Mountaines and there liue in a wilde and barbarous maner If the English Magistrates would not rule them by the Law which doth punish Treason and Murder Thest with death but leaue them to be ruled by their owne Lords and Lawes why shoulde they not embrace their owne Brebon Lawe which punnisheth no offence but with a Fine or Ericke If the Irish bee not permitted to purchase estates of Free-holds or Inheritance which might discend to their Children according to the course of our Common Lawe must they not continue their custome of Tanistrie which makes all their possessions vncertaine and brings Confusion Barbarisme and Inciuility In a word if the English woulde neither in peace Gouerne them by the Law nor could in War root them out by the sword must they not needes bee prickes in their eyes and thornes in their sides till the worlds end and so the Conquest neuer bee brought to perfection BVton the other side If from the beginning the Lawes of England had beene established and the Brehon or Irish Law vtterly abolished aswell in the Irish Countries as the English Colonies If there had been no difference made betweene the Nations in point of Iustice and protection but al had beene gouerned by one Equall Iust and Honourable Lawe as Dido speaketh in Virgill Tros Tyriusuè mihi nullo discrimine habetur If vpon the first submission made by the Irish Lordes to King Henry the second Quem in Regem Dominum receperunt saith Matth. Paris or vpon the second submission made to King Iohn when Plusquam viginti Reguli maximo timore perterriti homagium ei fidelitatem fecerunt as the same Author writeth or vppon the third general submission made to King Richard the second when they did not only do homage fealty but bound themselues by Indentures and Oaths as is before expressed to becom and continue loyall subiects to the crown of England If any of these three Kings who came each of them twice in person into this kingdome had vppon these submissions of the Irishry receiued them all both Lords Tenants into their mediate protection deuided their seuerall Countries into Counties made Sheriffes Coroners and Wardens of the peace therein sent Iustices Itinerants halfe yearely into euerie part of the Kingdome aswell to punish Malefactors as to heare and determine causes betweene party and party according to the course of the Lawes of England taken surrenders of their Lands and territories graunted estates vnto them to holde by English Tenures graunted them Markets Fayres and other Franchises and erected Corporate Townes among them all which hath bin performed since his Maiesty came to the Crowne assuredly the Irish Countries had long since beene reformed and reduced to Peace Plenty and Ciuility which are the effects of Lawes and good Gouernment they hadde builded Houses planted Orchards Gardens erected Towne-shippes and made prouision for their posterities there had beene a perfect Vnion betwixt the Nations and consequently a perfect Conquest of Ireland For the Conquest is neuer perfect till the war be at an end and the war is not at an end till there be peace and vnity and there can neuer be vnity Concord in any one Kingdom but where there is but one King one Allegiance and one Law TRue it is that King Iohn made xii shires in Leinster Mounster namely Dublin Kildare Meth Vriel Catherlogh Kilkenny VVexford waterford Corke Limeric Kerrie and Tipperary Yet these Counties did stretch no farther then the Landes of the English Colonies did extend In them only were the English Lawes published and put in Execution and in them only did the Itinerant Iudges make their circuits and yisitations of Iustice and not in the countries possessed by the Irishry which contained two third partes of the Kingdome at least And thâ—…â—…re King Edward the first before the court of Parliament was established in Ireland did transmit the Statures of England in this forme Dominus Rex mandauit Breue suum in haec verba Edwardus Dei gratia Rex Angliae Dominus Hiberniae c. Cancellario suo Hiberniae Salutem Quaedam statutaper nos de assensil Praelatorum ComituÌ„ BaronuÌ„ Communitat regni nostri nuper apud Lincolne quaedam alia statuta postmodum apud Eborum facta quae in dicta terrae nostra Hiberniae ad Communem vtilitateÌ„ populi nostri eiusdem terrae obseruari volumus vobis mittimus sub sigillo nostro mandantes quod statuta illa in dict a Cancellaria nostra Custodiri ac in rotulis eiusdem Cancellariae irrotulari adsingulas place as nostras in terra nostra Hiberniae sing ulos Commitatus eiusdem terrae mittifaciatis ministris nostris placearum illa rum et Vicecomitibus dictorum ComitatuuÌ„ mandantes quod statuta illa coram ipsis publicari ea in omnibus et singulis Articulis suis obseruari firmiter faciatis Teste meipso apud Nottingham c By which Writt and by all the Pipe-Rolles of that time it is manifest that the Lawes of England were published and put in execution onely in the Counties which were then made and limited not in the Irish Countries which were neglected and left wilde and haue but of late yeares bin deuided in one and twenty Counties more Againe true it is that by the Statute of Kilkenny enacted in this kingdome in the fortith yeare of King Edward the thirde the Brehon Law was condemned and abolished and the vse and practise thereof made High-Treason But this Lawe extended to the English onely and not to the Irish For the Lawe is penned in this forme Item Forasmuch as the diuersitie of Gouernment by diuers Lawes in one Land doth make diuersity of ligeance and dehates between the people It is accorded and established that heereafter no Englishman haue debate with another Englishman but according to the course of the Common Law And that no Englishman be ruled in the definition of their debates by the March-Law or the Brehon Law which by reason ought not to bee named a Law but an euill Custome but that they be ruled as right is by the common Lawe of the land as the Lieges of our Soueraigne LORD the King And if any do to the contrary thereof be attainted that he be taken and
comming to besiege Bonratty in Thomond which was then held by Sir Richard de Clare as his inheritance was againe taken prisoner all his Army consisting for the most part of English ouerthrown and cut in pieces by Sir Richard de Clare And after this againe in the yeare 1327. most of the great Houses were banded one against another viz The Giraldines Butlers and Breminghams on the one side and the Bourkes Poers on the other The ground of the quarrell beeing none other but that the Lord Arnold Poer had called the Earle of Kildare Rimer But this quarrell was prosecuted with such malice and violence as the Counties of waterford and Kilkenny were destroied with fire and sword till a Parliament was called of purpose to quiet this dissention Shortly after the Lord Iohn Bremingham who was not long before made Earle of Louth for that notable seruice which he performed vpon the Scots betweene Dundalke and the Faher was so extreamly enuied 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 murder that Earl with diuers principall Gentlemen of his name and Family vsing the same speech that the Rebellious Iewes are saide to vse in the Gospell Nolumus hunc regnare super nos After this the Geraldines and the Butlers being becom the most potent families in the Kingdome for the great Lordshippe of Leinster was diuided among Coparceners whose heires for the most part liued in England and the Earledom of vlster with the lordship of Meth by the match of Lionell Duke of Clarence at last discended vpon 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 fight 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 ciuil dissention ended in England these Houses in Ireland continued their opposition and feud still euen 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 haue continued in amity euer since Thus these great Estates Royalties graunted to the English Lords in Ireland begate Pride and Pride begat Contention among themselus which broght forth diuers mischiefs that did not only disable the English to finish the Conquest of all Ireland but did endaunger the losse of what was already gained And of Conquerors made them slaues to that Nation which they did intend to Conquer For whensoeuer one English Lorde had vanquished another the Irish waited and tooke the opportunity fell vpon that Country which had receiued the blow and so daily recouered some part of the lands which wer possessed by the English Colonies Besides the English Lords to strengthen their parties did ally themselues with the Irish and drewe them in to dwell among them gaue their Children to be fostered by them and hauing no other meanes to pay or reward thē suffred them to take Coigne and Liuery vppon the English Freeholders which Oppression was so intollerable as that the better sort were enforced to quit their freeholds and fly into England neuer returned though many Lawes were made in both Realmes to remaunde them backe againe and the rest which remained became degenerat and meer Irish as is before declared And the English Lords finding the Irish exactions to be more profitable then the English Rents and seruices louing the Irish tyranny which was tyed to no Rules of Law or Honor better then a iust and lawfull Seigniory did reiect and cast off the English Law and Gouernment receiued the Irish Lawes and Customes tooke Irish Surnames as Mac william Mac Pheris Mac Yoris refused to come to the Parliamentes which were summoned by the King of Englands Authority and scorned to obey those English Knights which were sent to commaund and gouerne this Kingdome Namely Sir Richard Capel Sir Iohn Morris Sir Iohn Darcie and Sir Raphe vsford And when Sir Anthony Lucie a man of great Authoritie in the time of King Edward the thirde was sent ouer to reforme the notorious abuses of this Kingdom the King doubting that he shold not be obeyed directed a speciall Writt or Mandate to the Earle of vlster and the rest of the Nobility to assist him And afterwards the same King vpon good aduise and Counsell resumed those excessiue 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 excessi◠donationes terrarum et libertatum in Hibernia ad subdolam machinationem petentium factae sunt c. Rex deluserias huiusmodo machinationes volens elidere de consilio peritorum sibi assistentium omnes donationes Terrarum et libertatum praedict duxit reuocandas quovsque de merit is donatariorū et causis ac qualitatibus donationū melius fuerit informat et ideo mandatum est Iusticiario Hiberniae qd seisirifaciat c Howbeit ther followed vpon this resumptiō such a diuision faction between the English of birth the English of bloud and race as they summoned held seuerall Parliaments apart one from the other Whereuppon there had risen a general war betwixt them to the vtter extinguishing of the English Name and Nation in Ireland if the Earle of Desmond who was head of the faction against the English of birth had not beene sent into England and detained there for a time yet afterwardes these liberties beeing restored by direction out of England the 26. of Edw. 3. complaint was made to the King of the easie restitution whereunto the King made answere as is before expressed so as we may conclude this point with that which we finde in the Annalles published by Maister Camden Hibernici debellati consumpti fuissent nisiseditio Anglicorum impedivisset Wherunto I may adde this note that though some are of opinion that Grants of extraordinary Honours and Liberties made by a King to his subiects do no more diminish his greatnesse then when one Torch lighteth another for it hath no lesse light then it had before Quis vetat apposito lumen de lumine sumi Yet many times inconueniences doe arise thereuppon and those Princes haue held vp their Soueraignty best which haue beene sparing in those Graunts And truely as these Graunts of little Kingdomes and great Royalties to a few priuate persons did produce the mischiefes spoken of before So the true cause of the making of these Grants did proceede from this That the Kings of England beeing otherwise employed and diuerted did not make the Conquest of Ireland their own worke and vndertake it not royally at their owne charge but as it was first begun by perticular
Aduenturers so they left the prosecution thereof to them other voluntaries who came to seeke their fortunes in Ireland wherein if they could preuayle they thought that in reason honor they could doe no lesse then make them proprieters of such scopes of Land as they could conquer people plant at their owne charge reseruing only the Soueraigne Lordshippe to the Crowne of England But if the Lyon had gone to hunt himselfe the shares of the Inferiour Beastes had not beene so great If the inuasion had been made by an army transmitted furnished supplyed only at the kings charges wholy paid with the Kings Treasure as the Armies of Queene ELIZABETH and King Iames haue been as the conquest had beene sooner atchiued so the seruitors had beene contented with lesser proportions For when Scipio Pompey Caesar and other Generals of the Roman Armies as Subiectes and Seruants of that State and with the publicke Charge had conquered many Kingdomes Commonweales wee finde them rewarded with Honorable Offices and Triumphes at their returne and not made Lords and proprieters of whol Prouinces and Kingdoms which they had subdued to the Empire of Rome Likewise when the Duke of Normandy had conquered England which he made his owne work and performed it in his owne person hee distributed sundry Lordships and Mannors vnto his followers but gaue not away whole Shires and Countreyes in demesne to any of his seruitors whom he most desired to aduance Only he made Hugh Lupus County Palatine of Chester and gaue that Earledome to him and his heyres to hold the same It a liberè ad gladium sicut Rex tenebat Angliam ad Coronam Whereby that Earledome indeed had a royal Iurisdiction and Seigniory though the Landes of that Countie in demesne were possessed for the most part by the auncient Inheritors Again from the time of the Norman Conquest till the raigne of King Edward the first many of our English Lords made warre vpon the Welshmen at their owne charge the lands which they gained they held to their owne vse were called Lords Marchers and had Royal Liberties within their Lordshippes Howbeit these particular Aduenturers could neuer 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 owne hee finished that worke in a yeare or two whereof the Lords Marchers had not performed a third part with their continuall bordering warre for two hundred years before And withall we may obserue that though this King had nowe the Dominion of Wales in Iure propriet atis as the Statute of Rutland affirmeth which before was subiect vnto him but in Iure feodali And though he had lost diuers principall Knights Noblemen in that Warre yet did he not reward his seruitors with whol Countries or Counties but with particular Mannors and Lordships as to Henrie Lacy Earle of Lincolne hee gaue the Lordship of Denbigh and to Reignold Gray the Lordship of Ruthen and so to others And if the like course had beene vsed in the winning and distributing of the Landes of Ireland that Island had beene fully conquered before the continent of wales had beene reduced But the troth is when Priuate men attempt the Conquest of Countries at their own charge commonly their enterprizes doe perrish without successe as when in the time of Queene Elizabeth Sir Thomas Smith vndertooke to recouer the Ardes and Chatterton to reconquer then Fues and Orier The one lost his Sonne and the other Himselfe and both their Aduentures came to nothing And as for the Crowne of England it hath had the like fortune in the Conquest of this Land as some purchasers haue who desire to buy Land at too easie a Rate they finde those cheap purchases so full of trouble as they spende twice as much as the Land is woorth before they get the quiet possession thereof And as the best pollicy was not obserued in the distribution of the conquered Lands so as I conceyue that the first Aduenturers intending to make a full Conquest of the Irish were deceiued in the choyse of the Fittest places for their plantation For they sate downe and erected their Castles and Habitations in the Plaines open Countries wher they found most fruitfull and profitable Lands and turned the Irish into the VVoods Mountains Which as they were proper places for Out-Lawes and Theeues so were they their Naturall Castles and Fortifications thither they draue their preyes and stealths there they lurkt and lay in waite to doe mischiefe These fast-places they kept vnknowne by making the wayes and Entries thereunto impassable there they kept their Creaghts or Heardes of Cattle liuing by the Milke of the Cowe without Husbandry or Tillage there they encreased and multiplied vnto infinite numbers by promiscuous generation among themselues there they made their Assemblies and Conspiracies without discouery But they discouered the weaknes of the English dwelling in the open plaines and thereupon made their sallies and retraites with great aduantage Whereas on the other side if the English had builded their Castles and Towns in those places of fastnesse and had driuen the Irish into the Plaines and open Countries where they might haue had an eye and obseruation vpon thē the Irish had beene easily kept in Order and in short time reclaimed from their wildnesse there they woulde haue vsed Tillage dwelt together in Towne-ships learned Mechanicall Arts Sciences The woods had bin wasted with the English Habitations as they are about the Forts of Mariborough and Phillipston which were built in the fastest places in Leinster and the wayes and passages throughout Ireland would haue boene as cleare and open as they are in England at this day A Gaine if King Henry the second who is said to be the K. 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 hee afforrested many woods and wasts to the Greeuance of the Subiect which by that Lawe were disaforrested or if those English Lordes amongst whom the whole Kingdome was deuided had beene good Hunters and had reduced the Mountaines Bogges and woods within the limits of Forrests Chases and Parkes assuredly the very Forrest Law and the Law de Malefactoribus in parcis would in time haue driuen them into the Plains Countries inhabited and mannured and haue made them yeeld vppe their fast places to those wilde Beastes which were indeede lesse hurtfull and wilde then they But it seemeth straunge to mee that in all the Recordes of this Kingdome I seldome find any mention made of a Forrest neuer of anie Parke or Free-warren considering the great plenty both of Vert and Venison within this Land and that the cheefe of the Nobility and Gentry are discended of English race and yet at this day there is
but one Parke stored with Deere in al this kingdom which is a Parke of the Earle of Ormonds neer Kilkenny It is then manifest by that which is before expressed that the not communicating of the English lawes to the Irish the ouer-large Grants of Lands and Liberties to the English the plantation made by the English in the Plaines and open Countreyes leauing the Woods and Mountaines to the Irish were great Defects in the Ciuill pollicy and hindered the perfection of the Conquest verie much Howbeit notwithstanding these Defects and Errours the English Colonies stood and maintained themselus in a reasonable good estate as long as they retained their owne auncient Lawes and Customes according to that of Ennius Moribus antiquis res stat Romana virisque But when the ciuil Gouernment grew so weake so loose as that the English Lords would not suffer the English Lawes to be put in execution within their Territories Seigniories but in place therof both they and their people embraced the Irish Customes 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 iust punnishment to our Nation that wold not giue Lawes to the Irish when they might and therefore nowe the Irish gaue Lawes to them Therefore this Defect and failing of the English Iustice in the English Colonies and the inducing of the Irish Customes in lieu thereof was the maine impediment that did arrest and stoppe the course of the Conquest and was the only meane that enabled the Irishrie to recouer their strength againe FOr if wee consider the Nature of the Irish Customes wee shall finde that the people which doth vse them must of necessitie bee Rebelles to all good Gouernment destroy the commonwealth wherein they liue and bring Barbarisme and desolation vpon the richest and most fruitfull Land of the world For whereas by the iust and Honourable Law of England by the Lawes of all other well-gouerned Kingdomes and Commonweals Murder Man-slaughter Rape Robbery and Theft are punnished with death By the Irish Custome or Brehon Law the highest of these offences was punished onely by Fine which they called an Ericke Therfore when Sir VVilliam Fitz-williams being Lord Deputy told Maguyre that hee was to send a Sheriffe into Fermaunagh being lately before made a County your Sheriffe saide Maguyre shall be welcome to me but let me knowe his Ericke or the price of his head afore hand that if my people cut it off I may cut the Ericke vpon the Countrey As for Oppression Extortion other trespasses the weaker had neuer anie remedy against the stronger whereby it came to passe that no man coulde enioy his Life his Wife his Lands or Goodes in safety if a mightier man then himselfe had an appetite to take the same from him Wherein they were little better then Canniballes who doe hunt one another and hee that hath most strength and swiftnes doth eate and deuoure all his fellowes Againe in England and all well ordered Common-weales men haue certaine estates in their Lands possessions and their inheritances discend from Father to Son which doth giue them encouragement to builde and to plant and to improoue their Landes and to make them better for their posterities But by the Irish Custome of Tanistry the Cheefetanes of euery Countrey and the chiefe of euery Sept had no longer estate then for life in their Cheeferies the inheritance whereof did rest in no man And these Cheeferies though they had some portions of Lande allotted vnto them did consist chiefely in cuttings and Cosheries and other Irish exactions whereby they did spoyle and impouerish the people at their pleasure And when their Chieftanes were dead their sonnes or next heires did not succeede them but their Tanistes who were Electiue and purchased their elections by strong hande And by the Irish Custome of Gauell-kinde the inferiour Tennanties were partible amongst all the Males of the Sept both Bastards and Legittimate and after partition made if any one of the Sept had died his portion was not diuided among his Sonnes but the cheefe of the sept made a new partition of all the Lands belonging to that Sept and gaue euerie one his part according to his antiquity THese two Irish Customes made all their possessions vncertain being shuffled and changed and remoued so often from one to another by new elections and partitions which vncertainty of estates hath bin the true cause of such Desolation Barbarism in this land as the like was neuer 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 receiued the Christian Faith aboue 1200. yeares since and were Louers of Musicke Poetry and all kinde of learning and possessed a Land abounding with all thinges necessary for the Ciuill life of man yet which is strange to bee related they did neuer builde any houses of Bricke or stone some few poor Religious Houses excepted before the raigne of King Henrie the second though they wer Lords of this Island for many hundred yeares before and since the Conquest attempted by the English Albeit when they sawe vs builde Castles vppon their borders they haue only in imitation of vs erected some few piles for the Captaines of the Country yet I dare boldly say that neuer any perticuler person eyther before or since did builde anie stone or bricke house for his priuate Habitation but such as haue latelie obtained estates according to the course of the Law of England Neither did any of them in all this time plant any Gardens or Orchards Inclose or improue their Lands liue together in setled Villages or Townes nor made any prouision for posterity which being against all common sense and reason must needes bee imputed to those vnreasonable Customes which made their estates so vncertaine and transitory in their possessions For who would plant or improoue or build vppon that Land which a stranger whom he knew not should possesse after his death For that as Salomon noteth is one of the strangest Vanities vnder the Sunne And this is the true reason why Vlster and all the Irish Countries are found so wast and desolate at this day and so wold they continue till the worlds end if these Customes were not abolished by the Law of England Againe that Irish Custom of Gauel-kinde did breede another mischiefe for thereby euery man being borne to Land aswell Bastard as Legitimate they al held thēselues to be Gentlemen And though their portions were neuer so small and them-selues neuer so poor For Gauelkind must needs in the end make a poore Gentility yet did they scorne to discend to Husbandry or Marchandize or to learn any Mechanicall Art or Science And this is the true
first hauing bin Generall of the Irish forces not only in this kingdom but in the Wars of Scotland wales and Gascoigne And therefore Maurice Fitz-Thomas of Desmond beeing then the most actiue Nobleman in this realm tooke vpon him the chiefe command in this Warre for the support whereof the Reuennue of this Lande was farre too short and yet no supply of Treasure was sent out of England Then was there no mean to maintain the Army but by Sessing the soldiers vppon the Subiect as the Irish were wont to impose their Bonaught Whereupon grewe that wicked Extortion of Coigne and Liuerie spoken of before which in short time banished the greatest part of the Free-holders out of the County of Kerrie Limerick Corke and waterford Into whose possessions Desmond and his Kinsmen Alies and Followers which were then more Irish then English did enter and appropriate these Lands vnto themselues Desmond himselfe taking what scopes hee best liked for his demesnes in euery Countrey and reseruing an Irish Seigniory out of the rest And heere that I may verifie maintaine by matter of Record that which is before deliuered touching the Nature of this wicked Extortion called Coigne and Liuery and the manifolde mischiefes it did produce I thinke it fit and pertinent to insert the preamble of the Statute of the 10. of Henry 7. c. 4. not printed but recorded in Parlament Rols of Dublin in these words At the request supplication of the Commons of this Land of Ireland that where of long time there hath bin vsed and exacted by the Lords and Gentlemen of this Land many and diuers damnable customes vsages which bin called Coigne and Liuery and Pay that is Horsemeat and Mansmeat for the finding of their Horsemen and Footmen and ouer that 4. d. or 6. d. daily to euery of them to be had and paide of the poore Earth-Tillers and Tenants inhabitants of the saide Land without any thing doing or paying therefore Besides manie Murders Robberies Rapes other manifold extortions oppressions by the saide Horsemen and Footmen dayly and mightily committed done which bin the principall causes of the desolation destruction of the said Land hath brought the same into Ruine and Decay so as the most part of the English Free-holders and Tenants of this land bin departed out thereof some into the Realme of England and other some to other strange Landes whereupon the foresaide Lordes and Gentlemen of this Land haue intruded into the saide Free-holders and Tenants inheritances and the same keepeth and occupieth as their owne inheritances and setten under them in the same Land the Kings Irish Enemies to the diminishing of Holie Churches Rites the disherison of the King his obedient subiects and the vtter ruine and desolation of the Land For reformation whereof be it enacted That the King shall receiue a Subsidie of 26. s. 8. d. out of euerie 120. acres of arrable land manured c. But to return to Tho Fitz-Maurice of Desmond By this extortion of Coigne and Liuery he suddenly grewe from a meane to a mighty estate insomuch as the Baron Finglas in his discourse of the Decay of Ireland affirmeth that his ancient inheritance beeing not one thousand markes yearely he became able to dispend euery way ten thousand pounds per annum These possessions being thus vnlawfully gotten could not bee maintained by the iust and honorable law of England which would haue restored the true Owners to their Land againe And therefore this Greatman found no meanes to continue vphold his ill-purchased greatnesse but by reiecting the English Law Gouernment and assuming in lieu therof the barbarous customs of the Irish. And heereupon followed the defection of those foure shires containing the greatest part of Munster from the obedience of the Law In like manner saith Baron Finglas the Lord of Tipperary perceiuing how well the house of Desmond hadde thriued by Coigne and Liuerie and Other Irish exactions began to holde the like course in the Counties of Tipperary and Kilkenny whereby he got great scopes of Land specially in Ormond and raised many Irish exactions vpon the English Free-holders there which made him so potent absolut among thē as at that time they knew no other Lawe then the will of their Lord. Besides finding that the Earle of Desmond excluded the ordinary Ministers of Iustice vnder colour of a Royall Liberty which he claimed in the Counties of Kerry Corke and waterford by a graunt of King Edward the first as appeareth in a Quo warranto brought against him Anno 1. Edw. 1. the Record wherof remaineth in Breminghams Tower among the common Plea-Rolles there This Lord also in the third of Edward the thirde obtained a Graunt of the like Liberty in the County of Tipperary whereby he got the Lawe into his owne hands shut out the Common Law and Iustice of the Realme And thus we see that all Munster fell away from the English Lawe and Gouernment in the end of King Edward 2. his raigne and in the beginning of the raigne of King Edward the third Againe about the same time viz in the 20. yeare of King Edward the second when the State of England was well-ny ruined by the Rebellion of the Barons and the Gouernment of Ireland vtterly neglected there arose in Leinster one of the Cauanaghes named Donald Mac Art who named himselfe Mac Murrogh King of Leinster and possessed himselfe of the Countie of Catherlogh and of the greatest part of the County of wexford And shortly after Lisagh O Moore called himselfe O Moore tooke 8. Castles in one Euening destroyed Dunamase the principall house of the L. Mortimer in Leix recouered that whole Countrey De seruo Dominus de subiecto princeps effectus saith Friar Clynne in his Annalles Besides the Earle of Kildare imitating his Cosin of Desmond did not omit to make the like vse of Coigne Liuery in Kildare and the West part of Meth 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 Crowne neere about the time before expressed Againe in the seauenth yeare of King Edward the third the Lord VVilliam Bourke Earle of Vlster and Lorde of Conaght was treacherously murdered by his owne Squires at Knockefergus leauing behinde him Vnicam vnius annifiliam saith Friar Clynne Immediately vpon the murder committed the Countesse with her yong daughter fledde into England so as the Gouernment of that Countrey was wholly neglected vntil that young Ladie beeing married to Lionell Duke of Clarence that Prince cam ouer with an Army to recouer his wiues inheritance and to reforme this Kingdom Anno 36. of Edward the third But in the meane time what became of that great inheritance both in Vlster Conaght Assuredly in Vlster the Sept of Hugh Boy O Neal then possessing Glaucoukeyn and Killeightra in Tyrone tooke the
opportunity and passing ouer the Banne did first expell the English out of the Barony of Tuscard which is nowe called the Rout and likewise out of the Glynnes and other Lands vp as farre as Knockfergus which Countrey or extent of Lande is at this day called the lower Clan Hugh-Boy And shortly after that they came vp into the great Ardes which the Latine writers call Altitudines Vltoniae and was then the inheritaunce of the Sauages by whom they were valiantly resisted for diuers yeares but at last for want of Castles and fortifications for the saying of Henrie Sauage mentioned in euery Story is very memorable That a Castle of Bones was better then a Castle of Stones the English were ouer-run by the multitude of the Irishry So as about the thirtith of K. Edw. 3. some few yeares before the arriuall of the Duke of Clarence the Sauages were vtterly driuen out of the Great Ardes into a little nooke of land neer the Riuer of Strangford where they now possesse a little Territory called the little Ards and their greater patrimony tooke the name of the vpper Clan Hugh-Boy from the Sept of Hugh-Boy O Neale who became Inuaders thereof FOr Conaght some yonger branches of the Family of the Bourkes being planted there by the Red-Earle his Ancestors seeing their Chiefe to bee cut off and dead without Heire-male and no man left to gouern or protect that Prouince intruded presently into all the Earles Lands which ought to haue bin seized into the kings handes by reason of the minoritie of the heire And within a short space two of the most potent among them diuided that great Seigniory betwixt thē the one taking the name of Mac william Oughter and the other of Mac william Fighter as if the Lord william Bourk the last Earle of Vlster had lefte two sonnes of one name behinde him to inherit that Lordship in course of Gauelkinde But they well knewe that they were but Intruders vppon the Kings possession during the minority of the heire they knew those lands were the rightfull inheritance of that young Lady and consequently that the Law of England woulde speedily euict them out of their possession therefore they held it the best policy to cast off the yoake of English Law and to become meere Irish and according to their example drew al the rest of the English in that Prouince to do the like so as from thenceforth they suffered their possessions to run in course of Tanistry and Gauel-kinde They changed their names language and apparrell and all their ciuil manners and Customes of liuing Lastly about the 25. yeare of King Edward the third Sir Richard de Clarè was slaine in Thomond and al the English Colonies there vtterly supplanted Thus in that space of time which was betweene the tenth yeare of king Edward the second and the 30. yeare of King Edward the third I speak within compasse by the concurrence of the mischieses before recited all the old English Colonies in Munster Conaght and Vlster more then a third part of Leinster became degenerat fell away from the Crowne of England so as onely the foure Shyres of the English Pale remained vnder the Obedience of the Lawe and yet the Borders and Marches thereof were growne vnruly and out of order too being subiect to Blacke-Rents and Tribute of the Irish which was a greater defection then when tenne of twelue Tribes departed and fell away from the Kings of Iuda But was not the State of England sensible of this losse and dishonour Did they not endeuor to recouer the Land that was lost and to reduce the subiects to their Obedience Truely King Edward the second by the incursions of the Scottish Nation and by the insurrection of his Barons who raised his wife and his Sonne against him and in the end deposed him was diuerted and vtterly disabled to reforme the disorders of Ireland But assoone as the crown of England was transferred to K. Edw. 3. though hee were yet in his minority the State there beganne to looke into the desperate estate of thinges heere And finding such a general defection Letters were sent from the King to the great men and Prelates requiring them particularly to swear fealty to the Crowne of England Shortly after Sir Anthony Lucie a person of great authority in England in those daies was sent ouer to work a reformation in this Kingdome by a seuere course and to that ende the King wrote expresly to the Earle of Vlster and others of the Nobilitie to assist him as is before remembered presently vpon his arriual he arrested Maurice Fitz-Thomas Earle of Desmond and Sir william Bremingham and committed them prisoners to the Castle of Dublin where Sir william Bremingham was executed for treason though the Earle of Desmond were left to Mainprize vpon condition hee should appeare before the King by a certain day and in the meane time to continue loyall AFter this the King being aduertised that the ouer-large Graunts of Lands and Liberties made to the Lords of English Bloude in Ireland made them so insolent as they scorned to obey the Law and the Magistrate did absolutely resume all such Crants as is before declared But the Earle of Desmond aboue al men found himselfe grieued with this resumption or Repeale of Liberties and declared his dislike discontentment insomuch as he did not only refuse to come to a Parliament at Dublin summoned by Sir william Morris Deputie to the L. Iohn Darcy the kings Lieutenant But as we haue said before he raised such dissention betweene the English of bloud and the English of birth as the like was neuer seen from the time of the first planting of our Nation in Ireland And in this factious and seditious humour hee drewe the Earle of Kildare and the rest of the nobility with the Cittizens and Burgesses of the principall Townes to hold a seuerall Parliament by themselues at Kilkenny where they framed certaine Articles against the Deputy transmitted the same into England to the King Heereupon Sir Raphe Vfford who had lately before married the Countesse of Vlster a man of courage and seuerity was made Lord Iustice who forth with calling a Parliament sent a speciall commandement to the Earle of Desmond to appeare in that great Councel but the Earle wilfully refused to come Whereupon the Lord Iustice raised the Kings Standard and marching with an Army into Munster seized into the Kings handes all the possessions of the Earle took and executed his principall followers Sir Eustace le Poer Sir william Graunt Sir Iohn Cotterell enforced the Earle himselfe to flye and lurke till 26. Noblemen and Knights became Mainpernors for his appearance at a certaine day prefixed But he making default the second time the vttermost aduantage was taken against his sureties Besides at the same time this Lord Iustice caused the Earle
of Kildare to bee arrested and committed to the Castle of Dublin indited imprisoned manie other disobedient subiects called in and cancelled such Charters as wer lately before resumed and proceeded euery way so roundly and seuerely as the Nobility which were wont to suffer no controulment did much distast him and the Commons who in this Land haue euer bin more deuoted to their immediate Lords heer whom they saw euery day then vnto their Soueraigne Lord King whom they neuer sawe spake ill of this Gouernor as of a rigorous cruel man though in troth hee were a singular good Iusticer and if he had not dyed in the second yeare of his gouernment was the likeliest person of that Age to haue reformed and reduced the degenerate English Colonies to their natural obedience of the crown of England THus much then wee may obserue by the way that Maurice Fitz-Thomas the first Earle of Desmond was the first English Lord that imposed Coign and Liuery vpon the Kings subiectes and the first that raised his estate to immoderate greatnesse by that wicked Extortion and Oppression that he was the first that reiected the English Lawes and Gouernement and drew others by his example to do the like that he was the first Peere of Ireland that refused to come to the Parlament summoned by the Kinges Authority that he was the first that made a diuision and distinction betweene the English of bloud and the English of birth AND as this Earle was the onelie Authour and first Actour of these mischiefes which gaue the greatest impediment to the full Conquest of Ireland So it is to bee noted that albeit others of his ranke afterwardes offended in the same kinde whereby their Houses were many times in danger of ruin yet was there not euer any Noble house of English race in Ireland vtterly destroyed and finally rooted out by the hand of Iustice but the house of Desmond onely nor any Peere of this Realme euer put to death though diuers haue bin attainted but Tho Fitz-Iames the Earle of Desmond only and onely for those wicked Customes brought in by the first Earle and practised by his posterity though by seuerall Lawes they were made High-Treason And therfore though in the 7. of Edward the 4. during the Gouernment of the Lord Tiptoft Earle of worcester both the Earles of Desmond and Kildare were attainted by Parlament at Drogheda for alliance and fostering with the Irish and for taking Coign and Liuery of the Kings subiects yet was Desmond only put to death for the Earle of Kildare receiued his pardon And albeit the sonne of this Earl of Desmond who lost his head at Drogheda were restored to the Earldom yet could not the kings grace regenerate obedience in that degenerate house but it grew rather more wilde and barbarous then before For from thencefoorth they reclaimed a strange priuiledge That the Earles of Desmond should neuer come to any Parliament or Graund-Counsell or vvithin any walled towne but at their will and pleasure Which pretended Priuiledge Iames Earle of Desmond the Father of Girald the last Earle renounced and surrendred by his Deed in the Chancery of Ireland in the 32. of Henry the eight At what time among the meer Irishry hee submitted himselfe to Sir Anthony Saint-Leger then Lord Deputy tooke an Oath of Allegiance Couenanted that he would suffer the law of England to bee executed in his Countrey and assist the Kinges Iudges in their Circuits and if any Subsidies should be granted by Parlament he would permit the same to be leuied vppon his Tenants and followers Which Couenants are as straunge as the priuiledge it selfe spoken of before But that which I conceiue most worthy of Obseruation vpon the fortunes of the house of Desmond is this that as Maurice Fitz-Thomas the first Earl did first raise the greatnes of that house by Irish exactions and oppressions so Girald the last Earle did at last ruine and reduce it to nothing by vsing the like extortions For certain it is that the first occasion of his rebellion grew from hence that when he attempted to charge the Decies in the County of waterford with Coigne and Liuerie Blacke Rents and Cosheries after the Irish maner hee was resisted by the Earle of Ormond and vppon an encounter ouerthrowne and taken prisoner which made his heart so vnquiet as it easily conceiued treason against the Crowne and broght forth actuall and open Rebellion wherein he perished himselfe and made a final extinguishment of his house and honour Oppression and extortion did maintain the greatnesse and oppression and extortion did extinguish the greatnesse of that house Which may well be exprest by the old Embleme of a Torch turned downewards with this word Quod me alit extinguit NOw let vs returne to the course of reformation helde and pursued heere after the death of Sir Raphe Vfford which hapned in the twentieth yeare of K. Edward 3. After which time albeit all the power and Counsell of England was conuerted towards the Conquest of Fraunce yet was not the worke of reformation altogether discontinued For in the 25. yeare of K. Edward the third Sir Thomas Rookeby another worthy Gouernor whome I haue once before named held a Parlament at Kilkenny wherein many excellent Lawes were propounded and enacted for the reducing of the English Colonies to their Obedience which Lawes we find enrolled in the Remembrauncers Office heere and differ not much in substaunce from those other statutes of Kilkenny which not long after during the Gouernement of Lionell Duke of Clarence were not only enacted but put in execution This Noble Prince hauing married the Daughter and Heire of Vlster and beeing likewise a Coparcener of the County of Kilkenny in the 36. year of King Edward the thirde came ouer the Kings Lieutenant attended with a good retinue of martiall men as is before remembred and a Graue and Honorable Counsell aswel for peace as for warre But because this Armie was not of a Competent strength to breake and subdue all the Irishry although he quieted the borders of the English Pale and helde all Ireland in awe with his name and presence The principall seruice that hee intended was to reforme the degenerate English Colonies and to reduce them to obedience of the English Lawe and Magistrate To that end in the fortith yeare of King Edward the third he held that famous Parlament at Kilkenny wherein many notable lawes wer enacted which doo shew and lay open For the Law doth best discouer enormities how much the English Colonies were corrupted at that time and doe infallibly prooue that which is laide down before That they were wholy degenerate and faln away from their obedience For first it appeareth by the Preamble of these Lawes that the English of this Realme before the comming ouer of Lionel Duke of Clarence were at that time becom meere Irish in their Language Names Apparrell and all their maner of liuing and
had reiected the English Lawes and submitted themselus to the Irish with whom they had many Mariages and Alliances which tended to the vtter ruine destruction of the commonwealth Therefore alliaunce by Marriage Nurture of Infants and Gossipred with the Irish are by this Statute made High-treason Againe if anie man of English race should vse an Irish Name Irish Language or Irish Apparrell or any other guise or fashion of the Irish if he had Lands or Tenements the same should be seized til he had giuen security to the Chancery to conform himself in al points to the English maner of liuing And if he had no Lands his bodie was to be taken and imprisoned til he found Sureties as aforesaide Againe it was established and commanded that the English in all their Controuersies should bee ruled and gouerned by the common Lawe of England and if any did submit himselfe to the Brehon Law or March law he should be adiudged a Traitor Againe because the English at that time made warre and peace with the bordering enemy at their pleasure they were expresly prohibited to leauie warre vpon the Irish without speciall warrant and direction from the State Againe it was made paenall to the English to permit the Irish to Creaght or graze vpon their Landes to present them to Ecclesiasticall Benefices to receiue them into any Monasteries or Religious Houses or to entertaine any of their Minstrels Rimers or Newes-tellers to impose or sesse any Horse or Footvppon the English Subiects against their willes was made felony And because the great Liberties or Franchises spoken of before were become Sanctuaries for all Malefactours expresse power was giuen to the Kinges Sheriffes to enter into all franchises and there to apprehend all Fellons and Traitours And lastly because the great Lordes when they leuied forces for the publick seruice did lay vnequall burdens vpon the Gentlemen and Free-holders it was ordained that foure Wardens of the peace in euery Countie should set downe and appoint what men and Armour euery man should beare according to his Free-hold or other ability of estate THese and other Lawes tending to a generall reformation were enacted in that Parliament And the Execution of these Lawes together with the Presence of the Kings Son made a notable alteration in the State and Manners of this people within the space of seauen yeares which was the tearme of this Princes Lieutenancy For all the Discourses that I haue seene of the Decay of Ireland doe agree in this that the presence of the Lord Lionel and these Statutes of Kilkenny did restore the English gouern ment in the degenerate Colonies for diuers yeares And the Statute of the tenth of Henry the seuenth which reuiueth and confirmeth the Statutes of Kilkenny doth confirme as much For it declareth that as long as these Lawes were put in vve and execution this Lande continued in prosperity and honor and since they were not executed the Subiectes rebelled and digressed from their allegeance and the Land fell to ruine and desolation And withall wee finde the effect of these Lawes in the Pipe-Rolles and Plea-Rolles of this Kingdome For from the 36. of Edward 3. when this Prince entred into his Gouernment till the beginning of Richard the second his Raigne we find the Reuennue of the Crowne both certaine and casuall in Vlster Munster and Conaght accounted for and that the Kings Writ did run and the Common-Law was executed in euery of these Prouinces I ioyne with these Lawes the personall presence of the Kinges Son as a concurrent cause of this Reformation Because the people of this Land both English Irish out of a naturall pride did euer loue desire to be gouerned by great persons And therefore I may heere iustly take occasion to note that first the absence of the Kings of England and nexte the absence of those great Lords who were inheritors of those mighty Seigniories of Leinster Vlster Conaght and Meth haue bin maine causes why this kingdome was not reduced in so many ages TOuching the absence of our Kinges three of them onely since the Norman Conquest haue made royall iournies into this Land namely K. Henrie the second King Iobn and king Richard the second And yet they no sooner arriued heere but that all the Irishry as if they had bin but one man submitted them-selues tooke Oaths of fidelity and gaue pledges hostages to continue loyall And if any of those Kings hadde continued heere in person a competent time till they had setled both English Irish in their seuerall possessions and had set the Law in a due course throughout the Kingdom these times wherein we liue had not gained the honor of the finall 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 when there was no king in Israel euery man did what seemed best in his own eies And therfore when Alexander had conquered the East part of the world and demaunded 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 foote on the one side thereof which being done all the other parts of the Hide did rise vp but when he did set his foot in the middle of the Hide all the other parts lay flat and euen Which was a liuely demonstration that if a Prince keep his residence in the Border of his Dominions the remoate parts will eafily rise and rebell against him but if he make the Center therof his seat he shall easily keepe them in peace and obedience TOuching the absence of the great Lords All Writers doe impute the decay and losse of Leinster to the absence of these English Lords who maried the fiue Daughters of william Marshall Earle of Pembroke to whom that great Seigniory discended when his fiue sonnes who inherited the same successiuely and during their times held the same in peace obedience to the Law of England were all dead without Issue which hapned about the fortith yeare of King Henrie the third for the eldest beeing married to Hugh Bigot Earle of Norfolke who in right of his wife had the Marshalship of England The second to VVarren de Mountchensey whose sole daughter and heire was matcht to william de Valentia halfe Brother to K. Henrie 3. who by that match was made Earle of Pembroke The third to Gilbert de Clare earl of Glocester The fourth to william Ferrers Earle of Darby The fift to william de Bruce Lord of Brecknocke These great Lordes hauing greater inheritances in their owne right in England then they hadde in Ireland in right of their Wiues and yet each of the Coparceners had an entire Countie allotted for her purparty as is before declared could not bee drawne to make their personal
residence in this Kingdom but managed their estates heere by their Seneschals and Seruants And to defend their teritories against the bordering Irish they entertained some of the Natiues who pretended a perpetuall Title to those great lordships For the Irish after a thousande Conquests Attainders by our law would in those daies pretend title stil because by the Irish Lawe no man could forfeit his Land These natiues taking the opportunity in weake and desperate times vsurped those Seigniories and so Donald Mac Art Cauanagh being entertained by the Earl of Norfolke made himselfe Lorde of the County of Catherlogh And Lisagh O Moore being trusted by the L. Mortimer who married the Daughter and Heire of the Lord Bruce made himselfe Lord of the Lands in Leix in the latter end of king Edward the seconds raigne as is before declared Againe the decay and losse of Vlster Conaght is attributed to this that the Lorde William Bourke the last Earle of that name died without issue Male whose Ancestors namely the Red-Earle and Sir Hugh de Lacy before him being personally resident helde vp their greatnesse there kept the English in peace and the Irish in aw But when those Prouinces discended vppon an Heire Female and an Infant the Irish ouer-ran Vlster and the yonger branches of the Bourkes vsurped Conaght And therfore the Ordinance made in England the 3. of Richard 2. against such as were absent from their Lands in Ireland and gaue two third parts of the profites thereof vnto the King vntill they returned or placed a sufficient number of men to defend the same was grounded vppon good reason of state which Ordinaunce was put in execution for many yeares after as appeareth by sundry seizures made thereupon in the time of King Richard 2. Henry 4. Henry 5. and Henry 6. whereof there remaine Recordes in the Remembrancers Office heere Among the rest the Duke of Norffolke himselfe was not spared but was impleaded vpon this Ordinance for two parts of the profits of Dorburies Iland and other Landes in the Countie of wexford in the time of K. Heury 6. And afterwards vpon the same reason of State all the Landes of the house of Norfolke of the Earle of Shrewesburie the Lord Barkley and others who hauing Lands in Ireland kept their cōtinuall residence in England were entirely resumed by the Act of Absentees made in the 28. yeare of king Henry the eight But now againe let vs look back and see howe long the effect of that reformation did continue which was begun by Lionel Duke of Clarence in the fortith yeare of K. Edw 3. and what courses haue bin held to reduce and reforme this people by other Lieutenants and Gouernors since that time The English Colonies beeing in some good measure reformed by the Statutes of Kilkenny did not vtterly fal away into Barbarisme againe till the warres 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 gouernment out of all the Prouinces and to confine it onely to the English Pale Howbeit in the mean time between the Gouernment of the Duke of Clarence and the beginning of those ciuill Warres of Yorke and Lancaster we finde that the State of England did sundry times resolue to proceede in this worke of reformation For first King Richard 2. sent ouer Sir Nicholas Dagworth to suruey the possessions of the Crowne to call to accompt the Officers of the reuennue Next to draw his English Subiects to manure defend their lands in Ireland he made that Ordinance against Absentees spoken of before Again he shewed an excellent example of Iustice vppon Sir Phillip Courtney being his lieutenant of that kingdome when he caused him to bee arrested by special Commissioners vpon complaint made of sundry greeuous oppressions and wrongs which during his Gouernment he had done vnto that people After this the Parliament of England did resolue that Thomas Duke of Glocester the Kings Vnkle should bee employed in the reformation and reducing of that Kingdome the Fame wherof was no sooner bruted in Ireland but all the Irishry were readie to submit them-selues before his comming so much the very Name of a great personage specially of a Prince of the blood did euer preuayle with this people But the King and his Minions who were euer iealous of this Duke of Glocester wold not suffer him to haue the honor of that seruice But the King himselfe thought it a worke worthy of his own presence pains and thereuppon Himselfe in person made those two royall iournies mentioned before At what time he receiued the submissions of all the Irish Lordes and Captaines who bounde themselues both by Indenture oath to become and continue his Loyall Subiects And withall laid a perticular proiect for a ciuill plantation of the Mountains and Maritime Counties betweene Dublin and wexford by remoouing all the Irish Septes from thence as apeareth by the couenants betweene the Earle Marshall of England and those Irish Septs which are before remembred and are yet preserued and remaine of Record in the Kings Remembrancers Office at westminster Lastly this King being present in Ireland tooke speciall care to supply and furnish the Courtes of Iustice with able and sufficient Iudges And to that end hee made that Graue and Learned Iudge Sir william Hankeford Chiefe Iustice of the kings bench heere who afterwards for his seruice in this Realme was made Chiefe Iustice of the Kings Bench in England by K. Henry 4. and did withall associate vnto him william Sturmy a well Learned man in the Law who likewise came out of England with the K. that the legal proceedings which wer out of order too as all other things in that Realme were might be amended and made formall according to the course and Presidents of England But all the good purposes proiects of this King were interrupted and vtterly defeated by his sodaine departure out of Ireland and vnhappy deposition from the Crowne of England HOwbeit King Henrie the fourth intending likewise to prosecute this Noble worke in the third yeare of his raigne made the Lord Thomas of Lancaster his second sonne Lieutenant of Ireland Who came ouer in person and accepted againe the submissions of diuers Irish Lords Captaines as is before remembred and held also a Parliament wherein hee gaue newe life to the Statutes of Kilkenny and made other good Lawes tending to the Reformation of the Kingdome But the troubles raysed against the King his Father in England drew him home again so soon as that seed of reformation tooke no roote at all neither had his seruice in that kinde any good effect or successe After this the State of England had no leisure to thinke of a generall reformation in this Realme till the ciuill dissentions of England were apeased and the peace of that kingdom setled by K.
in a short time after did so cleare the Kingdome of Theeues other Capitall Offenders as I dare affirme that for the space of fiue yeares last past there haue not bin found so many Malefactors worthy of death in al the six Circuits of this realm which is now diuided into 32. shires at large as in one Circuit of six Shires namely the Westerne Circuit in England For the troth is that in time of peace the Irish are more fearefull to offend the Law then the English or any other Nation whatsoeuer Againe whereas the greatest aduantage that the Irish had of vs in all their Rebellions was Our Ignorance of their Countries their Persons and their Actions Since the Law and her Ministers haue had a passage among them all their places of Fastnesse haue been discouered and laide open all their paces cleard notice taken of euery person that is able to do either good or hurt It is knowne not only how they liue and what they doe but it is foreseen what they purpose or intend to do Insomuch as Tirone hath been heard to complaine that he hadde so many eyes watching ouer him as he coulde not drinke a full Carouse of Sacke but the State was aduertised thereof within few houres after And therefore those allowances which I finde in the ancient Pipe-Rolles Proguidagio spiagio may be well spared at this day For the Vnder-Sheriffes and Bayliffes errant are better guides and Spies in the time of peace then any were found in the time of war Moreouer these ciuil assemblies at Assises and Sessions haue reclaymed the Irish from their wildenesse caused them to cut off their Glibs and long Haire to conuert their Mantles into Cloaks to conform themselues to the maner of England in al their behauiour and outward formes And because they find a great inconuenience in mouing their suites by an Interpreter they do for the most part send their Children to Schools especially to learne the English language so as we may conceiue an hope that the next generation will in tongue heart and euery way else becom English so as there will bee no difference or distinction but the Irish Sea betwixt vs. And thus we see a good conuersion the Irish Game turned againe For heeretofore the neglect of the Lawe made the English degenerate and become Jrish and now on the other side the execution of the Law doth make the Irish grow ciuil and become English Lastly these generall Sessions now do teach the people more obedience and keep them more in awe then did the general hostings in former times These Progresses of the Law renew and confirme the Conquest of Ireland euery halfe yeare and supply the Defect of the kings absence in euery part of the Realme In that euery Iudge sitting in the seat of Iustice dooth represent the person of the King himselfe These effectes hath the establishment of the publicke Peace and Iustice produced since his Maiesties happie Raigne began Howbeit it was impossible to make a Common-weale in Ireland without performing another seruice which was the setling of all the Estates and possessions aswell of Irish as English thoroughout the Kingdome For although that in the 12. year of Queen ELIZABETH a special Law was made which did enable the Lord Deputy to take surrenders regrant Estates vnto the Irishry vpon signification of her Maiesties pleasure in that behalfe yet were there but few of the Irish Lords that made offer to surrender during her raigne they which made surrenders of entire Countries obtained Graunts of the whole againe to themselues only to no other and all in demesne In passing of which Graunts there was no care taken of the inferiour Septes of people inhabiting and possessing these Countries vnder them but they held their seuerall portions in course of Tanistry and Gauelkind and yeilded the same Irish Duties or exactions as they did before So that vpon euery such Surrender Grant there was but one Free-holder made in a whole Country which was the Lord himselfe al the rest were but tenants at Wil or rather tenants in villenage and were neither fit to be sworne in Iuries nor to performe any publicke seruice And by reason of the vncertainety of their Estates did vtterly neglect to build or to plant or to improue the Land And therefore although the Lorde were become the Kings Tenant his Countrey was no whit reformed thereby but remained in the former Barbarisme and Desolation Againe in the same Queens time there were many Irish Lordes which did not surrender yet obtained Letters Patents of the Captaine-ships of their Countries of all Lands Duties belonging to those Captainships For the Statute which doth condemn abolish these Captain-ries vsurped by the Irish doth giue power to the Lorde Deputy to graunt the same by Letters pattents Howbeit these Irish Captaines and likewise the English which were made Seneschalles of the Irish countries did by colour of these Grants and vnder pretence of Gouernment claime an Irish Seigniory and exercise plaine tiranny ouer the Common people And this was the fruite that did arise of the Letters Patents granted of the Irish Contries in the time of Q. Elizabeth where before they did extort oppresse the people only by colour of a leud and barbarous Custom they did afterwards vse the same Extortions and Oppressions by warrant vnder the great seal of the Realme But now since his Maiesty came to the Crown two speciall Commissions haue bin 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 vnto them according to the course of the Common Law The other for strengthening of defectiue Titles In the Execution of which Cōmissions there hath euer bin had a speciall care to settle and secure the Vnder-Tennants to the end there might be a repose and establishment of euery Subiects Estate Lord Tenant Free-holder and Farmer thoroughout the Kingdome Vppon Surrenders this course hath bin helde from the beginning when an Irish Lord doth offer to surrender his Country his surrender is not immediatly accepted but a Commission is first awarded to enquire of three special points First of the quantity and limits of the Land whereof he is reputed owner Next how much himselfe doth hold in demeasne and how much is possest by his Tennants and Followers And thirdly what Customes Duties and seruices he doth yearly receiue out of those lands This Inquisition being made returned the Lands which are found to bee the Lords proper possessions in demesn are drawne into a Particular and his Irish Duties as Cosherings Sessings Rents of Butter and Oatmeale and the like are reasonably valued and reduced into certaine Summes of Money to be paide yearely in lieu thereof This being done the surrender is accepted and thereupon a Grant passed not of the whole Country as was vsed in