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
A DISCOVERIE OF THE TRVE CAVses why IRELAND was neuer entirely Subdued nor brought vnder Obedience of the Crowne of ENGLAND vntill the Beginning of his Maiesties happie Raigne Printed for Iohn Iaggard dwelling within Temple Bar at the Signe of the Hand and Star 1612. Dedicated TO THE KING By his MAIESTIES Atturney Generall of IRELAND PRINCIPIS EST VIRTVS MAXIMA NÔSSE SVOS A Discouery of the true causes why IRELAND was neuer entirely subdued and brought vnder Obedience of the Crowne of ENGLAND vntill the beginning of his MAIESTIES happy raigne DVring the time of my Seruice in IRELAND which began in the first yeare of his Maiesties raigne I haue visited all the Prouinces of that Kingdome in sundry iournies and circuits Wherein I haue obserued the good Temperature of the Ayre the Fruittâ—iness of the Soyle the pleasant and commodious seats for habitation the safe and large Ports and Hauens lying open for Trafficke into all the West parts of the world the long Inlets of many Nauigable Riuers and so many great Lakes and fresh Ponds within the Land as the like are not to be seene in any part of Europe the rich Fishings and Wilde Fowle of all kinds and lastly th Bodies and Minds of the people endued with extraordinarie abilities of Nature THe obseruation whereof hath bred in me some curiositie to consider what were the true causes why this Kingdome whereof our Kings of England haue borne the Title of Soueraign Lords for the space of foure hundred and odde yeares a period of time wherein diuers great Monarchies haue risen from Barbarisme to Ciuillitie and fallen againe to ruine was not in all that space of time thoroughly subdued and reduced to Obedience of the Crowne of England although there hath been almost a continuall warre between the English and the Irish and why the maners of the meere Irish are so little altred since the dayes of King Henry the second as appeareth by the description made by Giraldus Cambrensis who liued and wrote in that time albeit there haue bin since that time so many English Colonies planted in Ireland as that if the people were numbered at this day by the Poll such as are descended of English race would bee found more in number then the ancient Natiues AND truly vpon consideration of the conduct and passage of affaires in former times I find that the State of England ought to be cleared of an imputatioÌ„ which a vulgar error hath cast vpon it in one point namely That Ireland long since might haue beene subdued and reduced to Ciuility if some statesmen in policy had not thoght it more fit to continue that Realme in Barbarisme Doubtlesse this vulgar Opinion or report hath no true ground but did first arise either out of Ignorance or out of Malice For it will appeare by that which shal heereafter be laide downe in this Discourse that euer since Our Nation had any footing in this Land the State of England did earnestly desire and did accordingly endeuour from time to time to perfect the Conquest of this kingdom but that in euery age there were found such impediments defects in both Realmes as caused almost an impossibility that thinges should haue bin otherwise then they were THe Defects which hindred the Perfection of the Conquest of Ireland were of two kinds and consisted first in the faint prosecution of the warre and next in the loosenesse of the ciuill Gouernment For the Husbandman must first breake the Land before it bee made capeable of good seede and when it is thoroughly broken and manured if he do not forth with cast good seed into it it will grow wilde againe and beare nothing but Weeds So a barbarous Country must be first broken by a warre before it will be capeable of good Gouernment and when it is fully subdued and conquered if it bee not well planted and gouerned after the Conquest it wil est-soones return to the former Barbarisme TOuching the carriage of the Martiall affaires from the seuenteenth yeare of King Henry the second when the first ouerture was made for the Conquest of Ireland I meane the first after the Norman Conquest of England vntill the nine and thirtith yeare of Queene ELIZABETH when that Royall army was sent ouer to suppresse Tirones Rebellion which made in the end an vniuersall and absolute conquest of all the Irishrie it is most certaine that the English forces sent hither or raised heere from time to time were euer too weake to subdue and master so many warlike Nations or Septs 〈◊〉 the Irish as did possesse this Island and besides their weakenesse they were Ill paide and worse Gouerned And if at any time there came ouer anarmy of competent strength and power it did rather terrifie then breake and subdue this people being euer broken and dissolued by some one accident or other before the perfection of the Conquest FOr that I call a Perfect Conquest of a Country which doth reduce all the people thereof to the Condition of Subiects and those I cal Subiects which are gouerned by the ordinary Lawes and Magistrates of the Soueraigne For though the Prince doth beare the Title of Soueraign Lord of an entire country as our Kings did of all Ireland yet if there bee two third parts of that Countrey wherein he cannot punish Treasons Murders or Thefts vnlesse he send an Army to do it if the Iurisdiction of his ordinary Courts of Iustice doth not extend into those parts to protect the people from wrong oppression if hee haue no certaine Reuennew no Escheats or Forfeytures out of the same I cannot iustly say that such a Countrey is wholly conquered FIrst then that wee may iudge and discerne whether the English forces in Ireland were at any time of sufficient strength to make a full and finall Conquest of that Land let vs see what extraordinary armies haue bin transmitted out of England thither and what ordinarie forces haue beene maintained there and what seruice they haue performed from time to time since the seauenteenth yeare of King Henry the second IN that yeare Mac Murugh Lord of Leinster beeing oppressed by the Lords of Meth and Conaght and expelled out of â—…s Territorie mooued King Henry the second to inuade Ireland and made an ouerture vnto him for the obtaining of the Soueraigne Lordship thereof The King refused to vndertake the Warre himselfe to auoide the charge as King Henrie the seuenth refused to vndertake the discouery of the Indies for the same cause but he gaue license by his Letters Patents that such of his Subiects might passe ouer into Ireland as wold at their owne charge become aduenturers in that enterprize SO as the first attempt to conquer this Kingdome was but an aduenture of a few priuate Gentlemen Fitz-Stephen Fitz-Girald first brake the yce with a party of three hundred ninety men The Earle Strongbow followed them with twelue hundered more whose good successe vpon
nobis vsque ad aetatem nostram And in the pipe Rols remaining in Bremighams Tower in the Castle of Dublin vpon sundrie Accompts of the Seneshal of Vlster when that Earledome was in the Kings handes by reason of the minority of the Earle the entry of all such charges as were made vppon Oneale for RentBeeues or for aids towards the maintenance of the Kinges warres are in this forme Oneal Regulus 400 vaccas pro arreragio Reddit Oneal Regulus 100 li de Auxilio Domini Regis ad guerram suam in wasconia sustinendam And in one Rol the 36. of Henry the third Oneale Rex 100 li. de auxilio domini Regis ad guerram suam in VVallia sustinendam Which seemed strange to me that the Kings ciuill Officer should giue him that stile vpon Record vnlesse he meant it in that sense as Maximilian the Emperour did when speaking of his disobedient Subiects The Title saide he of Rex Regum doth more properly belong to mee then to any mortall Prince for all my subiects do liue as Kings they obey me in nothing but do what they list And truely in that sence these Irish Lords might not vnfitly be tearmed Kings But to speake in proper termes wee must say with the Latine Poet Quirexest Regem Maxime non habeat But touching these Irish Kings I will adde this note out of an ancient Manuscript the blacke Booke of Christ-Church in Dublin Isti Reges non fuerunt ordinati solemnitate alicuius ordinis nec vnctionis Sacramento nec iure baereditario vel aliqua proprietatis successione sed vi armis quilibâ—t RegneÌ„ suum obtinuit and therefore they had no iust cause to complaine when a stronger King then themselues became a King and Lord ouer them But let vs returne to our purpose and see the proceeding of the Martiall affaires King Henry the second being returned into England gaue the Lordship of Ireland vnto the Lord Iohn his youngest sonne sur-named before that time Sans Terre And the Pope confirming that guift sent him a Crowne of Pea-cockes feathers as Pope Clement the eight sent the Feather of a Phoenix as he called it to the Traitor Tirone This young Prince the Kings sonne being but twelue years of age with a traine of yong Noblemen and Gentlemen to the number of 300. but not with any maine army came ouer to take possession of his new Patrimony and being arriued at VVaterford diuers Irish Lords who had submitted themselues to his father came to performe the like duty to him But that youthfull company vsing them with scorne because their demeanors were but rude and barbarous they went away much discontented and raised a generall rebellion against him Whereby it was made manifest that the Submission of the Irish Lords and the Donation of the Pope were but slender and weake assurances for a kingdome Heereupon this young Lord was reuoked and Sir Iohn de Courcy sent ouer not with the kings armie but with a company of Voluntaries in number foure hundered or thereabout With these he atempted the conquest of Vlster and in foure or fiue encounters did so beate the Irishry of that Prouince as that he gained the Maritime Coasts thereof from the Boyne to the Bann and thereupon was made Earle of Vlster So as now the English had gotten good footing in all the Prouinces of Ireland In the first three Prouinces of Leinster Mounster and Conaght part by the sword and part by submission and alliance And lastly in Vlster by the inuasion and victories of Sir Iohn de Courcy From this time forward vntill the seuenteenth year of King Iohn which was a space of more then 30. yeares there was no army transmitted out of England to finish the Conquest Howbeit in the meane time the English Aduenturers and Colonies alreadie planted in Ireland did winne much ground vpon the Irish Namely the Earle Strongbow hauing married the Daughter of Mac Murrogh in Leinster the Lacies in Meth the Giraldines and other Aduenturers in Mounster the Audeleyes Gernons Clintons Russels and other Voluntaries of Sir Iohn de Courcies retinue in Vlster and the Bourkes planted by william Fitz-Adelme in Conaght Yet were the English reputed but Part-Owners of Ireland at this time as appeareth by the Commission of the Popes Legate in the time of King Richard the first whereby he had power to exercise his Iurisdiction in Anglia wallia ac illis Hiberniae partibus in quibus Iohannes Moretonii Comes potestatem habet et dominium as it is recorded by Mat. Paris King Iohn in the twelfth year of his raigne came ouer again into Ireland the Stories of that time say With a great army but the certaine numbsrs are not recorded yet it is credible in regard of the troubles where-with this King was distressed in England that this army was not of sufficient strength to make an entire Conquest of Ireland and if it had bin of sufficient strength yet did not the King stay a sufficient time to performe so great an action for he came ouer in Iune returned in Septem the same yeare Howbeit in that time the Irish Lords for the most part submitted theÌ„selues to him as they had done before to his Father which was but a meere mockery imposture For his backe was no sooner turned but they returned to their former rebellion yet this was reputed a second Conquest And so this King giuing order for the building of some Castles vpon the Borders of the English Colonies left behinde him the Bishop of Norwich for the ciuill gouernment of the Lande but he left no standing army to prosecute the conquest onely the English Colonies which were alreadie planted were left to themselues to maintaine what they had got and to gaine more if they could The personall presence of these two great Princes King Henry the second and King Iohn though they performed no great thing with their armies gaue such countenaunce to the English Colonies which encreased dayly by the comming ouer of new voluntaries and aduenturers out of England as that they enlarged their Territories verie much Howbeit after this time the kings of England either because they presumed that the English Colonies were strong enough to roote out the Irish by degrees or else because they were diuerted or disabled otherwise as shall bee declared heereafter neuer sent ouer any Royall armie or anie numbers of men worthy to be called an army into Ireland vntill the thirty six yeare of king Edward the thirde when Lionell Duke of Clarence the kings second sonne hauing married the daughter and heyre of Vlster was sent ouer with an extraordinary power in respect of the time for the warres betwixt England and Fraunce were then in their heate aswell to recouer his Earledome of Vlster which was then ouer-run possest by the Irish as to reforme the English Colonies which were become strangely degenerate throughout the whole kingdome FOr though
king Henry the thirde gaue the whole Land of Ireland to Edward the Prince his eldest son and his heyres Ita quod non Separetur a Cona Angliae Whereupon it was styled the Land of the Lorde Edward the kings eldest sonne and all the Officers of the Land were called the Officers of Edward Lord of IRELAND and though this Edward were one of the most actiue Princes that euer liued in England yet did he not either in the life time of his father or during his own raign come ouer in person or transmit any armie into Ireland but on the other side he drew sundry ayds supplies of men out of Ireland to serue him in his warres in Scotland wales and Gascoigne And again though king Edw the second sent ouer Piers Gaueston with a great retinue it was neuer intended he should perfect the Conquest of Ireland for the K. could not want his company so long a time as must haue beene spent in the finishing of so tedious a worke So then in all that space of time betweene the twelfth yeare of king Iohn and the 36. yeare of king Edward the third containing 150. years or thereabouts although there were a continuall bordering war between the English and the Irish there came no royall army out of England to make an end of the warre But the chiefe Gouernors of the realme who were at first called Custodes Hiberniae and afterwards Lords Iustices and the English Lordes who had gotten so great possessions and Royalties as that they presumed to make warre and peace without direction from the State did leuie all their forces within the land But those forces were weakely supplied and Ill Gouerned as I said before Weakly supplyed with men and Money and gouerned with the worst Discipline that euer was seene among men of warre And no maruell for it is an infallible rule that an army ill paide is euer vnruly and Ill gouerned The standing forces heere were sildome or neuer re-enforced out of England and such as were either sent from thence or raised heer did commonly do more hurt and damage to the English Subiects then to the Irish enemies by their continuall Sesse and Extortion Which mischiefe did arise by reason that little or no Treasure was sent out of England to pay the soldiers wages Onely the Kings reuennew in Ireland was spent and wholy spent in the publicke seruice and therefore in al the ancient Pipe-Rols in the times of Henry the third Edward the first Edward the second Edward the third betweene the Receipts and allowances there is this entrie In Thesauro nihil For the Officers of the State and the Army spent all so as there was no surplusage of Treasure and yet that All was not sufficient For in default of the Kings pay aswell the ordinary forces which stood continually as the extraordinarie which were leuied by the cheefe Gouernor vpon iourneyes and generall hoastings were for the most part laid vpon the poore subiect descended of English race howbeit this burden was in some measure tolerable in the time of King Henry the third and King Edward the first but in the time of King Edward the second Maurice Fitz-Thomas of Desmond beeing chiefe Commander of the army against the Scots began that wicked extortion of Coigne and Liuery and pay that is He his army tooke Horse meate and Manfmeate and money at their pleasure without any Ticket or other fatisfaction And this was after that time the generall fault of all the Gouernours and Commanders of the army in this Lande Onely the Golden saying of Sir Thomas Rookesby who was Iustice in the thirtieth yeare of king Edward the 3. is recorded in all the Annalles of this kingdome That he would eate in wodden dishes but would pay for his Meat Gold Siluer Besides the English Colonies being dispersed in euerie Prouince of this kingdome were enforced to keepe continuall guards vpon the Borders Marches round about them which Guardes consisting of idle souldiers were likewise imposed as a continuall burthen vppon the poore English Free-holders whome they oppressed and impouerished in the same manner And because the great English Lords Captaines had power to impose this charge when and where they pleased manie of the poore Freeholders were glad to giue vnto those Lords a great part of their Lands to hold the rest free from that extortion And many others not being able to endure that intollerable oppression did vtterly quit their freeholds and returned into England By this meane the English Colonies grew poore and weake though the english Lords grew rich and mighty for they placed Irish Tenants vppon the Landes relinquished by the English vpon them they leuied all Irish exactions with them they married and fostered and made Gossips so as within one age the English both Lords and Free-holders became degenerate and meer Irish in their Language in their apparrell in their armes and maner of fight all other Customes oflife whatsoeuer By this it appeareth why the extortion of Coigne and Liuory is called in the old Statutes of Ireland A Damnable custome and the imposing taking thereof made High Treason And it is saide in an ancient discourse Of the Deâ—…y of Ireland that though it were first inuented in Hell yet if it had been vsed and practised there as it hath been in Ireland it had long since destroyed the very kingdome of Belzebub In this manner was the warre of Ireland carried before the comming ouer of Lionel Duke of Clarence This young Prince being Earle of Vlster and Lord of Conaght in right of his wife who was daughter and heire of the Lord VVilliam Bourke the last Earle of Vlster of that family slaine by treachery at Knockfergus was made the Kings Lieutenant of Ireland and sent ouer with an army in the 36. year of King Edward the third The Rol and List of which Army doth remaine of Record in the Kings Remembrauncers Office in England in the presse de Rebust augentibus Hiberniam dooth not containe aboue fifteene hundred men by the Poll which because it differs somewhat from the manner of this age both in respect of the Command and the Entertainment I thinke it not impertinent to take a briefe view thereof The Lord Lionel was Generall and vnder him Raulf earle of Staffora Iames Earle of Ormond Sir Iohn Carew Banneret Sir William winsor other knights were Commanders The entertainment of the Generall vpon his first arriuall was but six shillings eight pence per diem for himselfe for fiue Knights two shillings a peece per diem for 64. Esquires xij d a peece per diem for 70 Archers vj. d. a peece per diem But being shortly after created Duke of Clarence which honor was conferred vpon him beeing heere in Ireland his entertainement was raised to xiij s. iiij d. per diem for himselfe for 8. Knights ij s. a piece per
diem with an encrease of the number of his Archers viz 360 Archers on horsebacke out of Lancashire at vjd a peece per diem and 23. Archers out of Wales at ij d. a peece per diem The earle of Staffords entertainment was for himselfe vi s. viij d. per diem for a Banneret iiij s. per diem for xvij Knights ij s. a peece per diem for 78. esquires xij d. a peece per diem for 100 Archers on horsebacke vj d. a peece per diem Besides he had the command of 24. Archers out of Staffordshire 40. Archers out of worcestershire six Archers out of Shropshire at iiij d. a peece per diem The entertainment of Iames earle of Ormond was for himselfe iiij s. per diem for two Knights ij s. a peece per diem for 27 esquires xij d. a piece per diem for 20 Hoblers armed the Irish Horsemen were so called because they serued on Hobbies vj d. a peece per diem and for 20. Hoblers not armed iiij d. a peece per diem The entertainment of Sir Iohn Carew Banneret was for himselfe iiij s. perdiem for one Knight ij s. per diem for eight squires xij d. a peece per diem for ten Archers on horsebacke vj d. a peece per diem The entertainement of Sir william winsore was for himselfe ij s. per diem for two Knights ij s. a peece per diem for 49. Squiers xij d. a peece per diem for six Archers on horseback vj d. a piece per diem The like entertainment rateably were allowed to diuers Knightes and Gentlemen vpon that List for themselues and their seuerall retinewes whereof some were greater and some lesse as they themselues coulde raise them among their tenants and Followers FOr in ancient times the King himselfe did not leuy his armies by his owne immediate authority or Commission but the Lords and Captaines did by Indenture Couenant with the King to serue him in his Wars with certaine numbers of men for certain wages entertainments which they raised in greater or lesse numbers as they had fauour or power with the people This course hath been changed in later times vpon good reason of State For the Barons and Chiefe Gentlemen of the realme hauing power to vse the Kings prerogatiue in that point became too popular whereby they were enabled to raise forces euen against the Crown it self which since the Statutes made for leuying and mustering of souldiers by the Kings speciall Commission they cannot so easily performe if they should forget their duties THis Lord Lieutenant with this small Army perfourmed no great seruice yet vpon his comming ouer all men who had Land in Ireland were by Proclamation re maunded backe out of England thither and both the Cleargy and Laity of this land gaue two yeares profits of all their Landes and Tithes towards the maintenance of the war heere only he suppressed some Rebels in Low Leinster and recouered the Maritime parts of his erldome of Vlster But his best seruice did consist in the well-gouerning of his army and in holding that famous Parliament at Kilkenny wherein the extortion of the souldier and the degenerat maners of the English briefly spoken of before were discouered and Lawes made to reforme the same which shall bee declared more at large heereafter THe next Lieutenant transmitted with any forces out of England was Sir VVilliam winsore who in the 47 yeare of King Edward the third vndertooke the Custodie not the Conquest of this Land for now the English made rather a Defensiue then an inuasiue war and withal to defray the whol charge of the kingdome for eleauen thousand two hundred thirteene pounds six shillings and eight pence as appeareth by the Indenture betweene him and the King remaining of Record in the Tower of London But it appeareth by that which Froissard reporteth that Sir william winsore was so farre from subduing the Irish as that himselfe reported That he could neuer haue accesse to vnderstande and know their Countries albeit he had spent more time in the seruice of Ireland then any Englishman then liuing ANd heere I may well take occasion to shewe the vanity of that which is reported in the Story of walsingham touching the reuennue of the Crown in Ireland in the time of king Edward the third For he setting forth the State of things there in the time of King Richard the 2. Writeth thus Cum Rex Angliae illustris Edwardus tertius illic posuisset Bancum suum at◠Iudices cum Scaccario percepit inde ad Regalem Fiscum annuatim triginta millia librarum modò propter absentiam ligeorum hostium potentiam nihil inde venit sed Rex per annos singulos de suo Marsupio terrae defensoribus soluit Triginta millia marcarum ad regni sui dedecus et fisci grauissimum detrimentū If this Writer had knowne that the Kings Courts had beene established in Ireland more then a hundred yeares before King Edw. 3. was borne or had seene eyther the Parliament Rols in England or the Records of the Receits and yssues in Ireland he had not left this vaine report to posterity For both the Benches and the Exchequer were erected in the twelfth year of King Iohn And it is recorded in the Parliament Rols of 21 of Edward the third remaining in the Tower that the Commons of England made petition that it might be enquired why the King receiued no benefit of his land of Ireland considering he possessed more there then any of his Ancestors had before him Now if the King at that time when there were no Standing forces maintained there had receiued 30000. pound yearely at his Exchequer in Ireland he must needes haue made profit by that land considering that the whole charge of the kingdome in the 47. yeare of Edward the third when the King did pay an army there did amount to no more then eleuen thousand and two hundred pounds per annum as appeareth by the contract of Sir VVilliam winsore Besides it is manifest by the Pipe-Rolles of that time wherof many are yet preserued in Breminghams Tower and are of better credite then any Monkes story that during the raigne of King Edward the third the reuenew of the Crowne of Ireland both certaine and casuall did not rise vnto 10000. li. per annum though the Medium be taken of the best seauen years that are to bee found in that Kinges time The like Fable hath Hollingshead touching the reuennue of the Earledome of Vlster which saith hee in the time of king Richard the second was thirty thousand Markes by the yeare whereas in truth though the Lordships of Conaght and Meth which were then parcell of the inheritaunce of the Earle of Vlster be added to the accompt the reuennew of that earledome came not to the thirde part of that he writeth For the Accompt of the profits of Vlster
yet remayning in Breminghams Tower made by william Fitz-warren Seneshall and Farmour of the Landes in Vlster seized into the Kings hands after the death of walter de Burgo Earle of Vlster from the fifth yeare of Edward the third vntill the eight yeare doe amount but to 900. and odde pounds at what time the Irishry had not made so great an inuasion vpon the earledome of Vlster as they had done in the time of King Richard the second As vaine a thing it is that I haue seen written in an ancient Manuscript touching the Customes of this realme in the time of King Edward the third that those dutics in those daies should yearely amount to 10000. Markes which by mine owne search and view of the Records heere I can iustly controll For vppon the late reducing of this ancient inheritance of the crown which had beene detained in most of the Port-Townes of this Realme for the space of a hundred yeares and vpwardes I tooke some paines according to the duty of my place to visâ— all the Pipe-Rolles wherein the Accompts of Customes are contained and found those duties aunswered in euery Port for 250. yeares together but did not find that at any time they did exceed a thousand pound Per annum and no maruell for the subsidie of Pondage was not then known and the greatest profite did arise by the Cocquet of Hides for Wooll and Wooll-fels were euer of little value in this Kingdome But now againe let vs see how the Martiall affayrs proceeded in Ireland Sir william winsor continued his gouerment till the latter end of the raign of King Edward the thirde keeping but not enlarging the English borders IN the beginning of the raigne of King Richard the second the State of England began to thinke of the recouery of Ireland For then was the first Statute made against Absentees commanding al such as had Land in Ireland to returne reside thereupon vppon paine to forfeite two third parts of the profit thereof Againe this King before himselfe intended to passe ouer committed the Gouernment of this Realme to such great Lordes successiuely as he did most loue and fauor first to the Earle of Oxford his Cheefe Minion whom he created Marquesse of Dublin and Duke of Ireland next to the Duke of Surrey his halfe Brother and lastly to the Lord Mortimer Earle of March and Vlster his Cosin and heyre apparant Among the Patent Rolles in the Tower the ninth yeare of Rich. the 2. we finde fiue hundred men at Armes at xij d. a peece Per diem and a 1000. A chers at vi pence a piece per diem appointed for the Duke of Ireland Super Conquestu illius terrae per duos annos for those are the wordes of that Record But for the other two Lieutenants I do not find the certain numbers wherof their armies did consist But certaine it is that they were scarse able to defend the English borders much lesse to reduce the whol Island For one of them namely the Earle of March was himselfe slain vpon the borders of Meth for reuenge of whose death the King himselfe made his second voyage into Ireland in the last yeare of his raigne For his first voyage in the eighteenth yeare of his raigne which was indeed a VoyageRoyall was made vpon another motiue and occasion which was this Vpon the vacancy of the Empire this King hauing married the King of Bohemiaes Daughter whereby hee had great alliance in Germany did by his Ambassadors solicit the Princes Electors to choose him Emperour but another being elected and his ambas sadors returned hee would needes know of them the cause of his repulse in that Competition they tolde him plainly that the Princes of Germanie did not thinke him fit to commaund the Empire who was neither able to hold that which his Ancestours had gained in France nor to rule his inso lent Subiects in England nor to Maister his rebellious people of Ireland This was enough to kindle in the heart of a young Prince a desire to performe some great enterprise And therefore finding it no fit time to attempt France he resolued to finish the Conquest of Ireland and to that end he leuied a mightie armie consisting of foure thousand men at Armes and 30000. Archers which was a sufficient power to haue reduced the whol Island if he had first broken the Irish with a warre and after established the English Lawes among them and not haue beene satisfied with their light submissions onely wherewith in all ages they haue mockt and abused the State of England But the Irish Lords knowing this to be a sure pollicie to dissolue the forces which they were not able to resist for their Ancestors had put the same trick and imposture vppon King Iohn and King Henry the second assoone as the King was arriued with his army which he brought ouer vnder S. Edwards Banner whose name was had in great veneration amongst the Irish they all made offer to submit themselues Whereupon the Lorde Thomas Mowbray Earle of Nottingham and Marshall of England was authorized by speciall Commission to receiue the homages Oaths of fidelity of all the Irishrie of Leinster And the King himselfe hauing receiued humble Letters from Oneale wherein hee styleth himselfe Prince of the Irishry in Vlster and yet acknoledgeth the King to be his Soueraign Lorde perpetuus Dominus Hiberniae remoued to Droghedab to accept the like submissions from the Irish of Vlster The men of Leinster namely Mac Murrogh O Byrne O Moore O Murrogh O Nolan and the cheefe of the Kinshelaghes in an humble and solemn manner did their homages made their Oaths of fidelity to the Earl Marshall laying aside their girdles their skeins and their Caps and falling downe at his feet vpon their knees Which whe they had performed the Earle gaue vnto each of them Osculum pacis Besides they were bound by feueral Indentures vpon great paines to bee paide to the Apostolique Chamber not onely to continue loyall subiects but that by a certaine day prefixed they and all their Sword men should clearely relinquish and giue vp vnto the King and his successors all their Landes and possessions which they held in Leinster and taking with them onely their mooueable goods shold serue him in his warres against his other Rebels In consideration whereof the King should giue them pay pensions during their liues and bestow the inheritance of all such lands vpon them as they shoulde recouer from the Rebels in any other part of the Realme And thereupon a pension of eighty Markes per annum was graunted to Art'Mac Murrogh chiefe of the Kauanaghes the enroulement whereof I found in the White Booke of the Exchequer heere And this was the effect of the seruice performed by the Earle Marshall by vertue of his Commission The King in like maner receiued the submissions of the Lords of Vlster namely O Neal O Hanlon Mac Donel
Mac Mahon others who with the like Humility and Ceremony did homage and fealtie to the Kings owne person the words of O Neales homage as they are recorded are not vnfit to be remembered Ego Nelanus Oneal Senior tam pro meipso quā pro filijs mels tota Natione mea Parentelis meis pro omnibus subdit is me is deuenio ' Ligeus homo vester c. And in the Indenture betweene him and the King he is not onely bound to remaine faithfull to the Crowne of England but to restore the Bonaght of Vlster to the Earle of Vlster as of right belonging to that Earledomc vsurped among other things by the Oneales These Indentures and submissions with many other of the same kinde for there was not a Chieftaine or head of an Irish sept but submitted himselfe in one forme or other the King himselfe caused to bee enrolled and testified by a Notary publique deliuered the enroulments with his owne hands to the Byshop of Salisbury then Lord Treasurer of England so as they haue beene preserued and are now to be found in the Office of the Kings Remembrancer there With these humilities they satisfied the young King and by their bowing and bending auoyded the present storme and so brake that Army which was prepared to breake them For the King hauing accepted their submissions receiued them in Osculo pacis feasted them and giuen the honor of Knight-hood to diuers of thē did breake vp and dissolue his armie and returned into England with much honor smal profit saith Froissard For though he had spent a huge masse of Treasure in transporting his army by the countenance whereof he drew on their submissions yet did hee not encrease his reuennew thereby one sterling pound nor enlarged the English borders the bredth of one Acre of Land neither did he extend the Iurisdiction of his Courtes of Justice one foote further then the English Colonies wherein it was vsed and exercised before Besides he was no sooner returned into England but those Irish Lords laide aside their maskes of humility and scorning the weake forces which the King had left behinde him beganne to infest the borders in defence whereof the Lord Roger Mortimer being then the Kings Lieutenant and heire apparent of the Crowne of England was slaine as I saide before Whereupon the king being moued with a iust appetite of reuenge came ouer againe in person in the 22. yeare of his raigne with as potent an armie as he had done before with a ful purpose to make a full Conquest of Ireland he landed at waterford and passing from thence to Dublin through the wast Countries of the Murroghes Kinshelaghes Cauanaghes Birnes and Tooles his great armie was much distressed for want of victuals and carriages so as he performed no memorable thing in that iourney onely in the Cauanaghes Countrey hee cut and cleared the paces and bestowed the honor of Knighthood vpon the Lord Henry the Duke of Lancasters son who was afterwards King Henrie the fifte and so came to Dublin where entring into Counsell how to proceede in the warre he receiued newes out of England of the arriuall of the bannished Duke of Lancaster at Rauenspurgh vsurping the Regall authority and arresting and putting to death his principall Officers This aduertisement suddainely brake off the kings purpose touching the prosecution of the warre in Ireland and transported him into England where shortly after hee ended both his raigne and his life Since whose time vntill the 39. yeare of Q Elizabeth there was neuer any armie sent ouer of a Competent strength or power to subdue the Irish but the warre was made by the English Colonies onely to defend their borders or if any forces were transmitted ouer they were sent only to suppresse the rebellions of such as were descended of English race and not to enlarge our Dominion ouer the Irish. DVring the raigne of king Henrie the fourth the Lorde Thomas of Lancaster the Kings second sonne was Lieutenant of Ireland who for the first eight yeares of that Kings raign made the Lord Scroope and others his Deputies who only defended the Marches with forces leuied within the Land In the eight yeare that Prince came ouer in person with a small retinue So as wanting a sufficient power to attempt or performe any great seruice he returned within seuen moneths after into England Yet during his personall abode there he was hurt in his owne person within one mile of Dublin vpon an incounter with the Irish enemy He tooke the submissions of O Birne of the Mountaines Mac Mahon and O Rely by seuerall Indentures wherin O Birne doth Couenant that the King shall quietly enioy the Mannor of New-Castle Mac Mahon accepteth a State in the Ferny for life rendering ten pound a yeare and O Reley doth promise to performe such duties to the Earle of March and Vlster as were contained in an Indenture dated the 18. of Richard the second IN the time of K. Henry the fift there cam no forces out of England Howbeit the Lord Furniual being the kings Lieutenant made a martial circuit or iourney round about the Marches Borders of the Pale and brought all the Irish to the Kinges peace beginning with the Birnes Tooles and Cauanaghes on the South and so passing to the Moores O Connors and Offerals in the West and ending with the O Relies Mac Mahons O Neales and O Haulons in the North. Hee had power to make them seeke the Kings peace but not power to reduce them to the Obedience of Subiectes yet this was then held so great and worthy a seruice as that the Lords chiefe Gentlemen of the Pale made certificate thereof in French vnto the King being then in France which I haue seen Recorded in the white Booke of the Exchequer at Dublin Howbeit his Armie was so ill paid and gouerned as the English suffered more dammage by the Sesse of his Souldiers for now that Monster Coigne and Liuerie which the Statute of Kilkenny had for a time abolished was risen againe from hell then they gained profit or security by abating the pride of their enemies for a time DVring the minority of King Henry the sixt and for the space of seuen or eight yeares after the Lientenants and Deputies made only a bordering warre vpon the Irish with small and scattered forces howbeit because there came no treasure out of England to pay the Soldier the poore English fubiect did beare the burthen of the men of warre in euery place were thereby so weakned and impouerished as the State of thinges in Ireland stood very desperate Whereupon the Cardinall of winchester who after the death of Humfrey Duke of Glocester did wholly sway the State of England beeing desirous to place the Duke of Somerset in the Regencie of Fraunce tooke occasion to remooue Richard Duke of Yorke from that gouernment and to send him into Ireland
allegiance of al the Nobility Gentry and Cittizens of this kingdom which sernice he performed fully and made an exact returne of his Commission to the King And immediately after that the King sent for all the Lordes of Parliament in this realme who repayring to his presence were first in a Kingly manner reprooued by him for among other things he told them that if their King were still absent frō them they would at length Crowne Apes but at last entertained them and dismissed them graciously This course of clemency hee held at first But after when Perkin warbecke who was set vp and followed chiefely by the Giraldines in Leinster and the Cittizens of Corke in Mounster to suppresse this counterfaite the King sent ouer Sir Edward Poynings with an Army as the Histories call it which did not consist of a thousand men by the Pol and yet it brought such terrour with it as all the Adherents of Perkin warbecke were scattered and retyred for succour into the Irish Countries to the Marches whereof hee marched with his weake forces but eft-soones returned held a Parliament Wherin among many good Lawes one Act was made That no subiect shold make any warre or peace within the Land without the speciall License of the Kings Lieutenant or Deputie A manifest argument that at that time the bordering Warres in this kingdome were made altogether by Voluntaries vpon their own head without any pay or entertainement and without any Order or Commission from the State And though the Lords and Gentlemen of the Pale in the 19. yeare of this Kings raigne ioyned the famous battel of Knocktow in Conaght wherein Mac william with 4000. of the Irish and degenerat English were slaine yet was not this iourny made by warrant from the King or vppon his charge as it is expressed in the Booke of Howth but only vpon a pri◅ quarrell of the Earle of Kildare so loosely were the martiall affaires of Ireland carried during the raigne of King Henry the seuenth IN the time of King Henry the eight the Earle of Surrey Lorde Admirall was made Lieutenant and though he were the greatest Captain of the English Nation the liuing yet broght he with him rather an honorable Guard for his person then a competent armie to recouer Ireland For he had in his retinue 200. tall Yeomen of the Kings Guard But because hee wanted meanes to performe any great action hee made meanes to returne the sooner yet in the meane time he was not ydle but passed the short time he spent heere in holding a Parliament and diuers iournies against the Rebels of Leinster insomuch as he was hurt in his own person vpon the borders of Leix After the reuocation of this honourable personage King Henry the eight sent no forces into Ireland till the rebellion of the Giraldines which hapned in the 27. year of his raigne Then sent he ouer Sir william Skeuington with fiue hundred men onely to quench that fire and not to enlarge the border or to rectifie the Gouernment This Deputy dyed in the midst of the seruice so as the Lord Leonard Gray was sent to finish it who arriuing with a supply of 200. men or thereabouts did so prosecute the Rebels as the Lord Garret their Chiefetaine and his fiue Vnckles submitted them-selues vnto him and were by him transmitted into England But this seruice being ended that actiue Nobleman with his litle army and some ayds of the Pale did oftentimes repell O Neale and O Donel attempting the inuasion of the Ciuill Shires and at last made that prosperous sight at Belahoo on the Confines of Meth the memory whereof is yet famous as that he defeated well-nie all the power of the North so quieted the border for many yeares Hitherto then it is manifest that since the last transfretation of King Richard the second the Crowne of England neuer sent ouer either numbers of men or quantities of treasure sufficient to defend the small Territory of the Pale much lesse to reduce that which was lost or to finish the Conquest of the whole Island After this Sir Anthony S. Leger was made chiefe Gouernor who performed great seruice in a ciuill course as shall be expressed heereafter But Sir Edward Bellingham who succeeded him proceeded in a Martiall course against the Irishry and was the first Deputy from the time of K. Edward the third till the raign of king Edward the sixt that extended the border beyond the limits of the English Pale by beating and breaking the Moores and Connors and building the Forts of Leix and Offaly This seruice he performed with sixe hundered horse the monthly charge whereof did arise to 770. li. And 400. foote whose pay did amount to 446. li. per mensem as apeareth vpon the Treasurers accompt remaining in the Office of the Kinges Remembrauncer in England Yet were not these Countries so fully recouered by this Deputy but that Thomas Earl of Sussex did put the last hand to this worke and rooting out these two rebellious Septs planted English Colonies in their roomes which in all the tumultuous times since haue kept their Habitations their Loyalty and Religion And now are we come to the time of Queene ELIZABETH who sent ouer more men and spent more treasure to saue and reduce the Lande of Ireland then all her progenitors since the Conquest DVring her raign there arose three notorious and maine Rebellions which drewe seuerall armies out of England The first of Shane O Neale the second of Desmond the last of Tyrone for the particular insurrections of the Vicount Baltinglasse and Sir Edmund Butler the Moores the Cauanaghes the Birnes and the Bourkes of Conaght were all suppressed by the standing forces heere To subdue Shane O Neal in the hight of his rebellion in the yeare 1566. Captaine Randal transported a Regiment of 1000. men into Vlster planted a Garrison at Loughfoile Before the comming of which supply viz in the yeare 1565. the List of the standing army of horse and foot English and Irish did not exceed the number of 1200. men as appeareth by the Treasurers accompt of Ireland now remaining in the Exchequer of Eng land With these forces did Sir Henry Sidney then Lord Deputy march into the farthest parts of Tirone and ioyning with Captaine Randal did much distresse but not fully defeate O Neale who was afterwards slain vpon a meere accident by the Scottes and not by the Queenes army TO proseeute the Warres in Munster against Desmond and his Adherents there were transmitted out of England at seuerall times three or four thousand men which together with the standing Carrisons and some other supplies raised heere made at one time an army of six thousand vpwards which with the Vertue and lour of Arthur Lorde Gray and others the Commanders did proue a sufficient power to extinguish that rebellion But that
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
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
army hath not bin fed with Coigne Liuery or Sesse with which Extortions the souldier hath bin norished in the times of former Princes but hath bin as iustly and royally paid as euer Prince in the world did pay his Men of war Besides when there did arise an occasion of employment for this army against the Rebell Odoghertie neither did his Maiesty delay the re-inforcing thereof but instantly sent supplies out of England and Scotland neither did the Martiall men dally or prosecute the Seruice faintly but Did foorthwith quench that fire whereby themselues would haue bin the warmer the longer it had continued aswell by the encrease of their entertainment as by booties and spoile of the Countrey And thus much I thought fit to note touching the amendment of the Errors in the Martiall affaires SEcondly for the supply of the Defects in the ciuil Gouernment these courses haue beene pursued since his Maiesties prosperous raigne began First albeit vpon the end of the war whereby Tyrones vniuersall Rebellion was supprest the minds of the people were broken and prepared to Obedience of the Law yet the State vpon good reason did conceiue that the publicke peace could not be setled till the hearts of the people were also quieted by securing them from the danger of the law which the most part of them had incurred one way or other in that great and general confusion Therefore first by a generall Act of State called the Act of Obliuion published by Proclamation vnder the great Seale Al offences against the Crown and all perticuler Trespasses between subiect and subiect done at any time before his Maiesties raigne were to all such as would come in to the Iustices of Assise by a certaine day and claime the benefit of this Act pardoned remitted and vtterly extinguished neuer to be reuiued or called in question And by the same proclamation all the Irishry who for the most part in former times were left vnder the tiranny of their Lords and Chieftanies and had no defence or Iustice from the Crowne were receiued into his Maiesties imediate protection This bred such comfort and security in the hearts of all men as thereupon ensued the calmest and most vniuersall peace that euer was seen in Ireland The publicke peace beeing thus established the State proceeded next to establish the publick Iustice in euery part of the Realm And to that end Sir George Cary who was a prudent Gouernor and a iust and made a fair entry into the right way of reforming this Kingdome did in the first yeare of his Maiesties raigne make the first Sheriffes that euer were made in Tyrone and Tirconnell and shortly after sent Sir Edmund Pelham Chiefe Baron my selfe thither the first Iustices of Assise that euer sat in those Countries and in that Circuit wee visited all the shires of that Prouince Besides which visitation though it were some-what distastfull to the Irish lords was sweet and most welcome to the Common people who albeit they were rude barbarous yet did they quickely apprehend the difference betweene the tiranny and oppression vnder which they liued before the iust gouernment and protection which wee promised vnto thē for the time to come The Lawe hauing made her Progresse into Vlster with so good successe sir Arthur Chichester who with singular Industry Wisedome and Courage hath now for the space of 7. years and more prosecuted the great worke of Reformation and brought it well-neere to an absolute perfection did in the first year of his gouernment establish two other Newe Circuits for Iustices of Assise the one in Conaght and the other in Mounster I call them New Circuites for that although it bee manifest by manie Recordes that Iustices Itinerant haue in former times beene sent into all the shires of Mounster some part of Conaght yet certaine it is that in 200. yeares before I speake much within compasse no such Commission had bin executed in either of these 2. Prouinces But now the whole Realme being diuided into Shires and euerie bordering Territory whereof anie doubt was made in what County the same should ly being added or reduced to a County certaine among the rest the Mountaines and Glynnes on the South side of Dublin wer lately made a Shire by it self and called the County of wicklow wherby the Inhabitants which were wont to be Thorns in the side of the Pale are become ciuill and quiet Neighbors thereof the streams of the publicke Iustice were deriued into euery part of the Kingdome and the benefit and protection of the law of England communicated to all aswell Irish as English without distinction or respect of persons By reason whereof the worke of deriuing the publick Iustice grew so great as that there was Magna messis sed Operarij pauci And therefore the number of the Iudges in euery Bench was increased which do now euery halfe yeare like good Plannets in their seuerall spheares or Circles carry the light and influence of Iustice round about the Kingdom whereas the Circuits in former times went but round about the Pale like the Circuit of the Cinosura about the Pole Quae cursu niteriore breui conuertitur orbe VPon these Visitations of Iustice whereby the iust and honourable Law of England was imparted and communicated to al the Irishry there followed these excellent good effects First the Common people were taught by the Iustices of Assise that they were free subiects to the Kings of England and not slaues vassals to their pretended Lords That the Cuttings Cosheries Sessings and other Extortions of their Lords were vnlawfull and that they should not any more submit them-selues thereunto since they were now vnder the protection of so iust and mighty a Prince as both wold and could protect them from all wrongs oppressions They gaue a willing eare vnto these lessons and thereupon the greatnesse power of those Irish Lords ouer the people so dainly fell and vanished when their Oppressions and Extortions were taken away which did maintain their greatnesse Insomuch as diuers of them who formerly made themselues Owners of al by Force were now by the law reduced to this point That wanting meanes to defray their ordinary charges they resorted ordinarily to the Lord Deputy and made petition that by License and warrant of the State they might take some aid and contribution from their people aswel to discharge their former debts as for competent maintenance in time to come But some of them being impatient of this diminution fled out of the Realme to forraign Countries Whereupon we may well Obserue That as Extortion did banish the old English Free-holder who could not liue but vnder the Law So the Law did bannish the Irish Lord who could not liue but by Extortion Againe these Circuits of Iustice did vpon the end of the warre more terrifie the loose and ydle personnes then the execution of the martial law though it were more quicke and sodaine and