or Marcheor Law That if anie of the English race should use an Irish name Irish language Irish apparrel or anie other guise or fashion of the Irish his Lands should bee seised till hee conformed Or if he no Land then other mulcts were appointed That the Lords should not disturb the King's Officers in executing their Offices That Serjeants Bailiffs should execute the commands of the King and of the Sheriffs that the Sheriffs and Serjeants of Franchises should give acquittances for the Kings money received of Debtors and receiv and pay by Indenture That no Sheriffs should hold Courts contrarie to the Common Law That the English should not marrie nor Gossip with the Irish That the English should use the English language and nurture That old and new English should all alike be called Lieges of the King That no English should use Irish or barbarous sports that no Irish Pipers Rimers bablers Skelaghs Ferdanes Carraghs or news-tellers should bee suffered to com amongst the English That no Kearns Hoblers nor idle men should range take meat c of the people against their wills but hue and crie to be made after them That no Irish should be admitted to benefits or entred into religious houses That Judges should travel half yeerly to enquire of offences and to execute the Law That four Justices of peace of and in each Countie should charge the Inhabitants with hors and foot to defend themselvs against Irish enemies That robberies committed in the guildable should not be protected in the franchises and so on the contrarie but the theeves to be delivered up to the proper officers and many other like Laws were then made towards restauration and recomposing of the then deformed and adulterated English and for the further redress divers other Laws som before and som after were made viz. One to take away protections which with frequent pardons were observed to be pestilent Remora's to the English restitution and secure peace insomuch as King Edward the third towards the later end of his reign sent two Ordinances into Ireland viz. First Justitiarius Hiberniae non concedat pardonationes de morte hominis nec de roberiis seu incendiis et quòd de caetero certificet dominum Regem de nominibus petentium Secondly Item quòd nec Justitiarius nec aliquis magnas Hiberniae concedat protectiones alicui contra pacem regis existentis And the experience of the common dammage by such pardons and protections ever since prove's the malignancie of them that being charged by divers good authors conversant in Irish affairs to be the dishonour and ruine of the Common-wealth Other Laws were also made viz. One to distinguish betwixt the English and Irish by the cutting off their beards Another against the taking of amends for the murther of a friend Another That no man should stirr up the Irish to assist in their warr Another Against taking Theeves into Comerick in English protection All which Laws at Kilkenny were after confirmed and revived by another Law made in the tenth yeer of King Henrie the seventh Chap. 8 Wherein are these words viz. As long as those Laws were put in ure and execution this Land continued in prosperitie and honor and since they were not executed the people rebelled and digressed from their obedience and the Land fell to ruine and desolation c. And the truth is it appear's by good Histories of those times and more authentically by Records both of the Exchequer Common-pleas of those yeers that by practice of these Lawes and the industrie travel of the said Lionel notable alteration was made in the manners of the people and much don of value towards the restitution of the English Government in the English Colonies That the Crown-Revenues both certain and casuall were duly accompted for in all the Provinces and that the King's Writ did run the Common-Law executed in all parts amongst the English This Duke built the wals of Catherlagh hee also reduced much lands in Connaght and Vlster into the English mens hands and this good order continued all the residue of that King's reign and part of the reign of King Richard the second but towards the middle of his time the Irish and som farr degenerate English hearing of the Duke of Clarence his death in Italie and finding great dissentions to arise in England combined themselvs to the fresh annoiance of the English and prosecuting their long intendment to exstirpate them And now did the English finde caus to rais themselvs into defens against the Irish which they were afterwards dangerously put unto thereupon that King having received repuls in his affectation to bee Emperor and desirous to act somthing of glorie and satisfaction to his people about the 18 yeer of his reign undertook a roial expedition into Ireland transporting with him 30000 foot and 4000 men at Arms as the Chronicles relate whereat the Irish being terrified fell into their old lock of submissions the verie gulf which hath hitherto swallowed up all the essaies and labors of reformation there hoping thereby to dissolv that force and frustrate his good design and to insist on the verie truth that cours of pardons upon submissions of the Irish hath for at least three hundred yeers past bottomed all the combustions and insults of the Irish That King being not in case to be long absent was perswaded to accept of their submissions which hee did from all the powerful men of the Irish and som degenerate English Lords those Irish of Leimster taking Oath to leav the Land to his free dispose by a certain time Great quantities of the Leimster land were granted to Sir John de Bellomonto and others whose issues long after enjoyed it he also conditioned with the Irish of Connaght and Ulster upon their submissions to restore the Lands to the English which the Irish never performed So this young Prince abused by the fraudulent submissions of the Irish as others before and after were returned with his men into England leaving the English in Ireland in but a little better case then he found them Soon after his departure the Irish brake forth and stood up for their ends as high as ever whereupon ensued great conflicts between them and the English in one of which was slain Mortimer Earl of March the King's Lievtenant thereupon did many of the English overhaled with burthens and harrowings relinquish their estates and resort into England to side with Parties there as their affections did lead them though Lawes were in Ireland and Ordinances in England as well to stop their going as to return them back It is not recorded nor known as is conceived that in the reigns of King Henrie the fourth or King Henrie the fifth who were much taken up in other business any forces were sent into Ireland whereby the Irish inlarged much partly through the departure of the English and chiefly by the great devastations they formerly suffered besides what diminutions they endured by
their homage to him who thereupon came and performed the same accordingly which was don in the year after our Saviour's nativitie 579 and this prove's a claim at least made by the Kings of great Britain to the Island of Ireland as part of their dominions Afterwards as is known to all men of anie reading the Saxons and Angles out of Germanie invaded great Britain and by manie contests in Arms and bloudie Battels obteined the Dominion thereof dividing it into several Kingdoms amongst themselvs which continued for manie years In all which times the Irish Inhabitants took more Libertie to root themselvs in their barbarous usurpation and tyrannie for wee cannot finde that then before or since they established anie certain Government either regal or otherwise neither are there extant anie authentick memories of anie certain or passable Laws ordeined by them for the regulating of anie Christian people yet soon after the Saxon's Heptarchie was reduced into an Entire Monarchie It is manifest by good Historie and Record that Edgar King of great Britain then and now called England not unmindful of that Kingdom 's ancient right and interest in Ireland labored and obteined another reducement and had the possession of most of that continent as appear's by the Books of that excellent writer Judg Cook extracted out of Records of the Tower Afterwards when the Danes obteined the Rule and power in great Britain they so little forgot the ancient and just challenge to Ireland as that they sent thither good numbers of men who gained large footing in several places of the best parts of the Island of whom there yet remain manie visible Monuments as their intrenchments and Fortifications to this daie called Danes Mounts or Rathes in Irish Lisses and round slender high Towers yet called Danes Steeples or Danes Towers yea the best and largest Suburbs about Dublin is yet called Ostmantown which term the Saxons gave to the Danes as Easterlings and doubtless it is their then access and som former incursions made by them as aforesaid which left manie of them there fixed who were the ancestors to the now pretended original Nation as pretended to bee given to them by God and Nature Afterwards the Norman William the Conqueror became possessed of the Dominions of England it is universally known what business hee had aswel to settle that so gained Land as to content his Allies and parties brought with him and to preserv what hee left behind him in France to which retrospect hee was enforced by manie disturbances and attempts neither is it unknown how unwarrantably his three next successors came to the Crown in England and against what counterworkings and heart-burnings they held Regencie there besides their distractions in their affairs and from their neighbors of France beeing not free from incumbrances of Scots and Welsh whereby all judicious men may conclude that none of them could safely embrace the restitution of Ireland howsoever it concerned them But assoon as one lineal descent had setled the Crown of England upon King Henry the second who was great Granchilde of the said William the Norman and who is recorded to bee the most powerful English Monarch both in England and France since the Normans coming in That King applied to the Pope for his consent to regain his said Land of Ireland who consenting thereunto to the end it might bee brought into orderly Government as well Ecclesiastical as Civil Hee yet suspended all action thither for som years beeing interrupted by his affairs in France and the disobedient combinations of his sons But after an occasion hapning by the invocation of one of the Irish pettie Kings hee permitted manie of his Subjects of England and Wales to pass thither who by their valor possessed themselvs of a good part of that Island Then in the year 1172 did that King with a competent Armie repair thither in person and resumed into his hands his ancient right of Dominion and interest there without much bloudshed and was therein confirmed by the absolute and free submissions of all the pettie Kings and other Rulers aswel Ecclesiastical as Temporal and by all others then of anie value there which they delivered unto him under their Seals There did hee also receiv the Homage Fealtie Allegiance and subjection of all those pettie usurping Princes and others as his Liege Subjects There did hee hold a great Council or general Assmblie of all the Prime inhabitants of that Island at Lismore which they called a Parlament and gave them the English Laws Vbi Leges Angliae ab omnibus sunt gratanter receptae juratoriâ cautioone praestitâ confirmatae There did hee send his Mandats to the Archbishops Bishops and Clergie of Ireland to assemble in a Synod at Cashel wherein Cbristianus Bishop of Lismore was President in which Synod that King's entrance actions and atchievments there were declared to bee lawful and it was there also concluded that it was most meet that as Ireland by God's appointment had recovered a lawful Lord and King from England so also they should from thence receiv a better from of living they also then established that all Divine Offices of holy Church should from thenceforth bee handled in all parts of Ireland according as the Church of England did observ them In that Synod also they made divers other Canons concerning the Church-Government there which Acts were ratified by the Regal Autoritie of the same Henrie the second To the same purposes another general Synod was soon after held at Armagh in Vlster where the same things and others for right ordering of that Government were resolved and agreed upon There was also placed Hugh Lacie Justice of Ireland for the Government of that Land wherein that Land then seemed to bee formally setled in a peaceable subject condition to England as it ought to bee Thus may the Querist and all others see that that Land and supposed original Nation did not continue manie hundreds or thousands of years nor was enjoied till these times without anie others laying claim to have right to the same It may bee demanded though standing thus how might King Henrie the second seiz all that Land into his own hands and grant it to adventurers as after hee did To this the answer is easie For in a short time after that King and the greatest part of his Army withdrew into England Then did all those pettie Kings Rulers and men of value and the other Inhabitants falsly and traiterously join in a Confederacie and action to extirpate and expuls all the English and Welsh then left there and did cast aside their dutie and obedience to England and the good order and Laws so freely and lately entertained by them breaking all Faith and Allegiance to him to whom they had formerly sworn it they murthered as manie as they could take at advantage and at last besieged Dublin and other Towns intending to destroie all the English But the valor of those men left there and the
several Kings transmitting great numbers of them to assist in the warrs of France Scotland and Wales in several times In the former part of the reign of King Henrie the sixth Ireland continued In the same posture the English beeing now put to their defence in all parts but the greatest and most remarkable decaie and ruine of the prosperitie and possession of the English in Ireland began in the later end of the reign of King Henrie the sixt and in the beginning of King Edward the fourth For after the middle of the reign of King Henrie the sixt Richard Duke of York beginning to whisper his right to the Crown more audibly then before hee was soon after sent into Ireland Lievtenant which was somtimes usual as a removal of such as were dangerous or pretended trouble There hee had given him much regal autoritie more then might bee consonant to right reason had they well considered the place or the consequences hee was continued there nine or ten years by himself and his Deputies himself making starts into England which as it was handled amplified his power in Ireland hee had power to dispose the King's revenues as hee thought fit hee had power to grant and let the King's Lands in Ireland to place and displace officers and to wage what men hee thought good This Lord esteemed there a person of high blood having an eie more upon events in England then the reducement of Ireland applied himself for the most part towards his own pretentions hee entertained both parties English and Irish in a plausible waie travelling in his secret thoughts to fasten parties to him against the time hee might have use of them Hee tolerated the Irish to hold what they had formerly intruded unto not sparing favors where hee observed reason to oblige and they regarding somwhat his high birth a thing they seem most to adore were by those means held more quiet then in former times hee conteined the English by courtesie and fair entreatie and by bestowing of imploiments so as hee found great adherence by waie of personal affection hee made som journies into England always accompanied with som of the Gentrie of Ireland to propagate and ripen confederacie In England hee endured the changes of war At last hee was forced into Ireland where hee gather's more strength and hearing that Warwick and Salisburie had taken the King hee com's over attended with good numbers of the English Lords and others and som of the Irish Hee obtein's his ends in Parlament The Queen flie's into Scotland and coming back the Duke of York meet 's her at Wakefield where hee was slain and manie of those of Ireland with him the Earl of Ormond on the other side beeing a professor to the hous of Lancaster passed into England about the same time with manie of the English and som Irish the Earl of March encounter 's him and others at Mortimer's Cross in Wales there is Ormond and the rest defeated and manie of Ireland slain So as what by the companies which at times passed over with the Duke of York and what by such as voluntarily led themselvs into England on both sides during those combustions great consumptions of those of Ireland could not but bee the consequent especially the Gentrie and best men Hereupon did the Irish on all sides exspatiate and fasten upon the English possessions where they could reach and indeed in short time so dilated themselvs as they for the time forced the English into their strengths and into narrow rooms they confirmed themselvs in their formerly erected and usurped Captainships which before the reign of King Henrie the eight were far to manie and most of them so continued till the end of the reign of Queen Elizabeth therein exercising an absolute tyrannical power over all inferiors aswell all such English as hazarded to continue amongst them as the Irish And here may the Querist and all others take full view of the progress foot-steps and means of the Irish incroachments upon the English possessions though it is true that in after times manie of the English became repossessed of much of their antient Lands except in Vlster and Connaght in which Provinces manie of the old English are now as barbarous as the meer Irish hardly to bee distinguished yet by what is above written it grow's more lucid and cleer that the Inhabitants of that Island who now stand in arms against England who in several successions setled them there are not such an entire nation fixed there by God and Nature free from anie other power and challenge as the Querist propound's them and where the entiretie of such a Nation footed there as is pretended is to bee found as things are before discovered will require a verie wearisom scrutinie and at last satisfie no understanding man Nay it is avouched by several good writers and may bee truly asserted in the experience of such as well understand Ireland that setting aside the first Inhabitants from Britain and other Nations inserted there by the permission of the Britains and such as had power in Britain and such as of themselvs intruded before the entrance of King Henrie the second promiscuously laced amongst them who all now pass under the Notion and style of the old Irish the verie English sent in thither by King Henrie the second and other Kings succeeding him before King James and who at the beginning of this Rebellion were really stated and vested in Lands in that Island though not in numbers and bodies of men becaus most of the Churls and laborers as aforesaid were Irish nor perhaps in quantities and extents of Lands yet in true value and command over others did far exceed and were far more estimable and powerful in that Island then those denominated the old Irish besides the the great towns which as is above said are wholly in a manner English for consider their present composure of persons and affairs even after this late horrid and inhumane eradication of the new English and protestants First Their Nobilitie now in rebellion are all old English except a verie few which were and yet are both weak in power and strength Their supream Council as they call it and other Provincial and Countie Councils and their general Assemblie are for the most part old English most of the best Commanders in the war are of the same most of their hors and manie of their foot who have been most daring in the Rebellion are of the same the whole frame of their new-Modelled-Government was at first digested and is ever since countenanced and enlivened by the old English they seem in their constitutions to put themselvs for the most part in waie of policie at present into the frame of the English Laws becaus they well know how uncertain and barbarous their supposed Irish Laws were though verie manie of them rather desire the old Irish Tyrannie and rude exorbitancie And were it not that the old English were and still are