the policy of the King of Meth the only Irish Prince then in favour with the Tyrant These Northern Nations were the first that brought the Irish acquainted with Traffick and Commerce and with building of Castles and Fortresses only upon the Sea-coasts having hitherto known no other defence but Woods Boggs or Stoakes And last of all by the English in K. Henry 2ds reign An. 1172. After this the Roytelets or petty Princes enjoying their former Dominions till the year 1172. in which Dermot Mac Morogh King of Lynster having forced the Wife of Maurice O Rorke King of Meth was driven by him out of his Kingdome who applying himself to Henry the Second of England for succor received Aid under the leading of Richard de Clare Sir-named Strongbow Earle of Pembroke to be restored to his Kingdom by whose good success and the rest of the Adventurers upon the Arrival of Henry the Second in Ireland his very Presence without drawing his Sword prevailed so far as that all the petty Kings or great Lords within Lynster Connaght and Munster submitted themselves unto him promising to pay him Tribute and acknowledging him their chief and Soveraign Lord But as the Conquest was but slight and superficial so the Irish Submissions were but weak and fickle assurances to hold in Obedience so considerable a Kingdom for no sooner were the Kings of Englands backs turned but the Irish returned to their former Rebellions and the Kings of England had here no more power or profit than the great ones of the Country were pleased to give them for they governed their People by the Brehon Law they made their own Magistrates and Officers pardoned and punished all Malefactors within their several Countries made War and Peace one with the other without controulment and this they did not only during the Reign of King Henry the Second but also in the times succeeding even until the Reign of Queen Elizabeth which Conquest became thus imperfect by reason of two great Defects first in the faint prosecution of the War and next in the loosness of the Civil Government The Conquest of Ireland by the English imperfect till of late by reason of two defects viz. first faint Prosecution of the War the Causes of it As touching the carriage of Martial Affairs from the seventeenth year of King Henry the Second at what time the first overture was made for the Conquest of Ireland until the nine and thirtieth year of Queen Elizabeth when that Royal Army was sent over to suppress the the Rebellion of Tyrone which in the end made an universal and absolute Conquest of all the Irishry It is very evident that the English either raised here or sent hither from time to time out of England were alwaies too weak to Subdue and Master so many Warlike Nations or Septs of the Irish as did possess this Island and besides their weakness they were ill paid and worse Governed And if at any time there arrived out of England an Army of competent strength and power it did rather terrifie than break or subdue this People being ever broken and dissolved by some one accident and impediment or other before the perfection of the Conquest of it as namely Henry the Second by the Rebellion of his Sons King John Henry the Third and Edward the Second by the Barrons Wars Edward the First by his Wars in Wales and Scotland Edward the Third and Henry the Fift by the Wars of France Richard the Second Henry the Fourth Henry the Sixth and Edward the Fourth by Domestick contention for the Crown of England it self Richard the Third not worth mentioning as having never got the quiet possession of England but was cast out by Henry the Seventh within two years and an half after his Usurpation And Henry the Seventh himself though he made the happy Union of the two Houses of York and Lancaster yet for more than half the space of his Reign there were walking Spirits of the House of York which he could not conjure down without the expence of some Bloud and Treasure Henry the Eighth was diverted by his two Expeditions into France at the first and latter part of his Reign and in the middle thereof wholly taken up with the troubles created to him by the great alteration of Ecclesiastical Affairs And lastly the Infancy of King Edward and the Coverture of Queen Mary which were both not-abilities in Law did likewise in fact disable them to accomplish the Conquest of Ireland so that all the Kings of England coming thus far short as to the perfecting of the true Conquest of Ireland let us examine what other impediments were given thereunto in point of Martial Affairs by the Adventurers themselves that first undertook the Conquest of this Kingdom upon their own account That the first English Adventurers had good success in Ireland during the first forty years It doth appear that for the space of about forty years after the first landing of the English in Ireland till the seventeenth year of King John during all which time there was no Army transmitted out of England to finish the Conquest of Ireland that the Adventurers and Colonies already planted there proceeded with so much good success as they gained very large portions of ground in every Province As namely the Earl of Strongbow by his Marriage with the Daughter of Mac Morrogh in Lynster the Laâ—ies in Meth the Giraldines and other Adventurers in Munster the Andeleyes Gernons Clintons Russels and other Voluntaries of Sir John de Courcies retinue in Vlster and the Bourkes planted by William Fitz-Adelme in Connaght The English Colonies being thus dispersed through all the Provinces of Ireland were necessitated But being necessitated for a long time to maintain a bordering War against the Irish at the charge of the English Planters from the twelfth year of King John till the six and thirtieth year of King Edward the Third being about an hundred and fifty years to maintain a continual bordering War between them and the Irish without receiving during all that time any supply either of Men or Money out of England to manage the same So that all the chief Governours of the Realm and the English Lords who had gotten such great Possessions and Royalties as that they presumed to make War and Peace at their pleasure without the least advice or direction from the State being forced to levy all their Forces within the Land who being ill Paid and worse Governed it so came to pass the publick Revenues of Ireland being then inconsiderable to sustain such a charge that as well the Ordinary Forces which stood continually as the extraordinary which were levied by the chief Governour upon Journeys and general Hostings were for the most part laid upon the poor Subjects descended of English race which burden was in some measure tollerable during the Reign of King Henry the Third and Edward the First but afterwards became insupportable in the time of King
the chief causes that obstructed the Conquest of Ireland till about the latter end of Queen Elizabeths reign as to Martial Affairs And secondly loosness in the Civil Government of Ireland for not communicating the Laws of England to the Irish I shall now endeavour in the next place to give some satisfaction touching those defects that were observed to be in the Civil Policy and Government of this Kingdome which gave no less impediment to the full Conquest thereof which doth first consist in this That the Crown of England did not from the beginning give Laws to the Irishry though the Irish did often desire to be admitted to the benefit of it and protection of the English Laws but could not obtain it For although King Henry the Second before his return out of Ireland held a Counfel or Parliament at Lismore where the Laws of England were willingly accepted off by all the Irishry and that confirm'd by their Oaths And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and the Courts of Judicature at Dublin and placed Sheriffs and other Ministers to rule and govern the people according to the Laws of England yet it is evident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry as O Neal of Vlster O Malaghlin of Meath O Connagher of Connaght O Brien of Thomond and Mac Muorrogh of Lynster who were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England for in them onely the English Laws were published and put in execution and in them onely did the Itinerant Judges make their Circuits and Visitations of Justice as namely in the Counties of Dublin Kildare Meth Vriel Catherlogh Kilkenny Wexford Waterford Cork Limrick Kerry and Typperary and not in the Countries possessed by the Irishry which contained at least two third parts of the Kingdome and even in these Counties the said Laws stretcht no farther then the Lands of the English Colonies did extend so that the Irish were not only disabled to bring any actions but they were so far out of the protection of the Law as it was often adjudged no Fellony to kill a meer Irish man in time of Peace from whence it came to pass that in all the Parliament Rolls which are extant from the 40th year of Edward the Third when the Statutes of Kilkenny were enacted till the Reign of King Henry the Eighth we find the degenerate and disobedient English called Rebels but the Irish which were not in the Kings Peace are called Enemies Whereby it it is manifest that such as had the Government of Ireland under the Crown of England did intend to maintain a perpetual Separation and Enmity between the English and the Irish pretending that the English should in the end be able to root out the Irish which the English not being able to effect caused a perpetual War between both Nations which continued four hundred and odd years and might have continued to the worlds end if in the end of Queen Elizabeths Reign the Irishry had not been broken and Conquered by the Sword and since the beginning of King James his Reign had not been protected and governed by the Law Contrary to the practice of the Romans and others c. who communicated their Laws to the Conquered This was contrary to the practice of the Roman State which Conquered so many barbarous and civil Nations and therefore knowing by experience the best and readiest way of making a perfect and absolute Conquest refused not to communicate their Laws to the rude and barbarous people whom they had conquered neither did they ever put them out of their Protection after they had once submitted themselves but rather the better to assure their conquest by all the means imaginable they could allured them to Civility and Learning whereof the antient Britains were a famous instance This was also against the practise William the Conqueror used who governed both the Normans and the English under one Law And against the prudent course that hath been observed in the reducing of Wales partly perform'd by King Edward the First and altogether finished by King Henry the Eighth by dividing the whole Countrey into Shires and Circuits and establishing a Common-wealth amongst them according to the English Government by means whereof that entire Countrey was in a short time so securely setled in Peace and Obedience and hath attained to that civility of manners and plenty of all things as now we find it not inferiour to the best parts of England That the over great proportions of Land granted to the first Conquerors of Ireland occasioned great inconveniencies The next Error in the Civil Policy which hindered the perfection of the Conquest of Ireland did consist in the distribution of the Lands and Possessions which were won and conquered from the Irish For the Scopes of Land which were granted to the first Adventurers were too large and the Liberties and Royalties which they obtained therein were too great for Subjects though it stood with reason that they should be liberally rewarded out of the fruits of their own labours since they managed the War upon their own account and received no pay from the Crown of England whereupon ensued divers inconveniencies that gave great impediment to the Conquest for first Earl Strongbow was entituled to the whole Kingdom of Lynster partly by Invasion and partly by Marriage albeit he surrendered the same entirely to King Henry the Second his Soveraign The manner how Ireland was divided amongst the first Engâ—ish Conquerors for that with his License he came over and with the aid of his Subjects he had gained that great Inheritance yet did the King regrant back again to him and his Heiâ—s all that Province reserving only the City of Dublin and the Cantreds next adjoyning with the Maritine Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Corke from Lismore to the Sea To Philip le Bruce he gave the whole Kingdome of Lymrick with the Donation of Bishopricks and Abbies except the City and one Cantred of Land adjoyning To Sir Hugh de Lacy all Meath To Sir John de Courcy all Vlster To William Bourke Fitz-Adelin the greatest part of Connaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poor of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was alâ— Ireland Cantonized among ten Persons of the English Nation And though they had not gained the Possession of one third part of the whole Kingdom yet in Title they were owners and Lords of all so as nothing was left to be granted to the Natives whose petty Kings and Great ones our great English Lords could not endure
c. born Subjects to the Crown of England paying ever to the King his Duties reserved Title to Meth. Hugh de Lacy Conquerour of Meth had Issue Walter de Lacy who held the same of King John paying a Fine of four thousand Marks Sterling and hence began all the several Claims there with Alegiance sworn and done by their Ancestors Title to Mounster At the very first arrival of Henry the Second the Princes of Mounster came universally and did homage voluntarily and acknowledged to him and his Heirs Duties and pays for ever John de Courcy Conquerour and Earl of Vlster dyed without Issue Title to Ulster Connaght King John Lord of Ireland gave the Earldome to Hugh de Lacy who who had Issue Walter and Hugh who died without Issue and one Daughter married to Reymond Burke Conquerour and Lord of Connaght Connaght descended to divers Heirs owing service to the Prince but Vlster returned by devolution to the special Inheritance and the Revenues of the Crown of England in this manner The said de Burgo had Issue Richard who had Issue John who had Issue William who was slain without Issue and a Daughter Elizabeth entitled to thirty thousand Marks yearly by the Earldome of Vlster whom Edward the Third gave in marriage to Lionel his second Son Duke of Clarence who had Issue a Daughter Philippe married to Edward Mortimer who had Issue Edmund Anne Elianor Edmund and Elianor died without Issue Anne was married to Richard Earl of Cambridge Son to Edmund of Langley Duke of York fift Son to Edward the Third which said Richard had Issue Richard Plantaginet Father to Edward the Fourth Father to Elizabeth Wife to Henry the Seventh and Mother to Henry the Eighth Father to Mary Edward the Sixth and Elizabeth Several Claims to the Land of Ireland Several claims to the Land of Ireland 1. Mac Gil-murrow King of Ireland with all his Petty Princes Lords and Captains summoned to King Arthurs Court held in Carlion Anno 519. did accordingly their homage and attended all the while his great Feast and Assembly lasted 2. The Monarch of all Ireland and all other both Reges and Reguli for them and for theirs for ever betook themselves to Henry the Second An. Dom. 1172. namely those of the South whiles he lay at Waterford Dermot K. of Corke which is the Nation of the Mac Cartyes at Cashel Donald K. of Limrick which is the Nation of the Obrenes Donald K. of Ossory Mac Shaghlon King of Ophaly at Divelin did the like Okernel King of Vriel Ororick King of Meth Roderick King of all Ireland and of Connaght This did they with consents and shouts of their People and King Henry returned without any Battle given Only Vlster remained which John de Courcy soon after conquered and Oneale Captain of all the Irish there came to Dublin to Richard the Second An. 1399. and freely bound himself by Oath and great Sums of Money to be true to the Crown of England 3. The same time O Brien of Thomond Oconar of Connaght Arthur Mac Murrow of Leinster and all the Irish Lords which had been somewhat disordered renewed their Obedience 4. When Ireland first received the Christian Faith they gave themselves into the Jurisdiction both Spiritual and Temporal of the See of Rome The Temporal Lordship Pope Adrian conferred upon Henry the Second and he gave the same to John his younger Son afterwards King of England and so it returned home to the Crown 5. Alexander the Third confirmed the Gift of Adrian as in both their Charters is expressed at large 6. Vivian the Legate on the Popes behalf did Accurse and Excommunicate all those that fell from the Obeysance of the Kings of England 7. The Clergy twice Assembled once at Cashell secondly at Armagh plainly determined the Conquest to be Lawful and threatnad all people under pain of Gods and holy Churches indignation to accept of the English Kings for their Lords from time to time 8. It would ask a Volume to recite the Name of such Irish Princes who since the Conquest have continually upon Occasions Revolts or Petitions sworn Truth and Faith to the Kings of England and from time to time received Honors Wages Fees Pardons and made Petitions And thus I think no reasonable man will doubt of a Right so old so continued so ratified and so many ways confessed The Kings Revenue in Ireland was spent and wholy exhausted in the publick service and therefore The Kings Revenue in Ireland wholy spent on that Kingdome in all the ancient Pipe-Rolls in the times of King Henry the Third Edward the First Edward the Second and Edward the Third between 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 here I may well take occasion to shew the vanity of that which is reported in the Story of Walsingham touching the Revenue of the Crown in Ireland which he saith did amount to thirty thousand Pounds a year in the time of King Edward the Third The vain story of 30000 l. yearly Revenue in E 3ds time refuted If this Writer had known that the Kings Courts had been established in Ireland more than a hundred years before King Edward the Third was born or had seen either the Parliament Rolls in England or the Records of the Receits and Issues in Ireland he had not left this vain report to Posterity for both the Benches and Exchequer were erected in the twelfth year of King John And it is Recorded in the Parliament Rolls 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 received no benefit of his Land in Ireland considering he possessed more there than any of his Ancestors had before him Now if the King at that time when there were no standing Forces maintained there had received thirty thousand pounds yearly at his Exchequer in Ireland he must needs have made profit by that Land considering that the whole charge of the Kingdome in the 47th year of Edward the Third when the King did pay an Army there did amount to no more than eleven thousand and two hundred pounds per Annum as appeareth by the Contract of William Winsore Besides it is manifest by the Pipe-Rolls of that time whereof many are yet preserved in Breminghams Tower and are of better credit than any Monks story that during the Reign of King Edward the Third the Revenue of the Crown of Ireland both certain and casual did not rise unto ten thousand pound per Annum though the medium be taken of the best seven years that are be found in that Kings time The like Fable hath Hollingshead touching the Revenue of the Earldome of Vlster which saith he in the time of King Richard the Second was thirty thousand Marks by the year Whereas in
Affairs of that Kingdome expecting direction from hence the delays whereof were oftentimes through other greater affairs most irksome the oportunities there in the mean time past away and greater danger did often grow which by such timely prevention might easily have been stopped And this is worthily observed by Machiavel in his discourses upon Livie where he commendeth the manner of the Romans Government in giving absolute Power to all their Councellors and Governors which if they abused they afterwards should dearly answer And the contrary thereof he reprehendeth in the States of Venice of Florence and many other Principalities of Italy who use to limit their chief Officers so strictly as that thereby they have oftentimes lost such happy occasions as they could never come unto again The like whereof who so hath been conversant in the Government of Ireland especially during Queen Elizabeths Reign hath too often seen to their great hindrance and hurt That besides the want of Power there were eminent defects observed in the managemet of the publick Affairs of Ireland Besides this want of Power which did hinder the good Reformation of Ireland there were eminent defects noted in the mangement of the publick Affairs of that Kingdom by some of the chief Governors thereof who seeing the end of their Government to draw nigh and some mischiefs and practices growing up which afterwards might work trouble to the next succeeding Governor would not attempt the redress or cutting off thereof either for fear they should leave the Realm unquiet at the end of their Government or that the next that came should receive the same too quiet and so happily win more praise thereof than they before And therefore they would not seek at all to repress that evil but would either by granting protection for a time or holding some emparlance with the Rebel or by treaty of Comissioners or by other like devices only smother and keep down the flame of the mischief so it might not break out in their time of Government what came afterwards they cared not or rather wish'd the worst To this may be added The savoring of the Irish and depressing of the English an ill practice by some of the Lord Deputies of Ireland that when the Irish have been broken by the Sword of one Governour and thereby consequently made fit and capable for subjection another succeeding as it were into his harvest and finding an open way made for what course he pleased bent not to that point which the former intended but rather quite contrary and as it were in scorn of the former and in vain vaunt of his own Councels would tread down and disgrace all the English and set up and countenance the Irish all that he he could thereby to make them more tractable and buxome to his Government wherein he thought much amiss for surely his Government could not be sound and wholsome for that Realm it being so contrary to the former For it was even as two Physicians should take one sick body in hand at two sundry times of which the former would minister al things meet to purge and keep under the body the other to pamper and strengthen it suddenly again whereof what is to be looked for but a most dangerous relapse Therefore by all means it ought to be fore-seen and assured that after once entering into this course of Reformation there be afterwards no remorse nor drawing back for the sight of any such rueful objects as must thereupon follow nor for compassion of their Calamities seeing that by no other means it is possible to cure them and that these are not of will but of very urgent necessâ—ty The Lord Lieutenant The Lord Deputies of Ireland assâ—sted by a Privy Councel or Lord Deputy of Ireland hath for his assistance a Privy Councel attending on him though resident for the most part at Dublin and in emergencies or cases of more difficult nature proceedeth many times in an arbitrary way without formalities of Law Sir Henry Sidney Lord Deputy of Ireland in Queen Elizabeths time The Lords Presidents of Connaght and Mounster instituted in Queen Elizabeths time to enure and acquaint the People of Mounster and Connaght with the English Government again which had not been in use among them for the space of two hundred years before he instituted two Presidency Courts in those two Provinces placing Sir Edward Fitton in Connaght and John Perrot in Mounster The Lord President of Mounster hath one Assistant twelve learned Lawyers and a Secretary CHAP. IV. Of the Title changed from Lord to King of Ireland in the time of Henry the Eighth Of the Titles of the Crown to every part of Ireland and to the whole diverse ways And several claims to the Land of Ireland Of the Revenue and Strength Title altered from Lord to King SIR Anthony Saint-Leger Lord Deputy of Ireland in a Parliament which he held the 33. of Henry 8. caused an Act to pass which gave unto King Henry the Eighth his Heirs and Successors the Name Stile and Title of King of Ireland Whereas before that time the Kings of England were stiled but Lords of Ireland Although indeed they were absolute Monarchs thereof and had in right all Royal and Imperial Jurisdiction and Power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher than the name of Lord assuredly the assuming of this Title hath not a little raised the Sovereignity of the Kings of England in the minds of this people And because it hath been doubted by some whether we might Lawfully fight against the Irish I shall for farther satisfaction here insert the Right and Title the Crown of England hath to the Kingdom of Ireland as to every part of it and to the whole divers ways I will begin with the Pedigree of William Earl Marshal Title to Leinster for thereupon depend many Records in Ireland and the King of Englands Right to Leinster Walter Fitz Richard who came from Normandy with William the Conqueror died Lord Strongbow of Strigule alias Chepstow without Issue to whom succeeded his Sisters Son who was created the first Earl of Pembroke and had Issue Richard the inheritor of Leinster by a Covenant and Marriage of Eva the Sole Daughter of Mac Murrough King of Leinster This Richard conveyed to Henry the Second all his Title and held of him the Lordship of Leinster in four Counties Wexford Catherlagh Ossory and Kildare Richard left Issue a Daughter Issabel married to William Earl Marshal of England now Earl of Pembroke Lord Strongbow and Lord of Leinster William had Issue five Sons who died without Issue when every of them except the youngest had successively possessed their Fathers Lands and five Daughters Maud Jone Issabel Sibil and Eve among whom the Patrimony was parted Anno 31. H. 3. Of these Daughters bestowed in Marriage are descended many Noble Houses as the Mortimers Bruises Clares