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
disquieted with popular Commotions and after that was more trobled with the factions that arose betweene his Minions the Princes of the bloud But at last he tooke a resolution to finish the Conquest of this Realm And to that end he made two Royall voyages hither Vpon the first he was deluded by the faigned submissions of the Irish but vpon the later when he was fully bent to prosecute the warre with effect he was diuerted drawn from hence by the return of the Duke of Lancaster into England and the generall defection of the whole realme AS for Henrie the fourth he beeing an Intruder vpon the Crowne of England was hindered from all forraigne actions by sundry Conspiracies and Rebellions at home moued by the house of Northumberland in the North by the Dukes of Surrey Exceter in the South and by Oxen Glendour in Wales so as he spent his short raigne in establishing and setling him selfe in the quiet possession of England and had neyther leisure nor opportunity to vndertake the final conquest of Ireland Much lesse could King Henry the fift perfourme that worke for in the second yeare of his raigne he transported an armie into France for the recouery of that kingdome and drewe ouer to the siedge of Harflew the Priour of Kilmaincham with 1500. Irish. In which great action this victorious Prince spent the rest of his life ANd after his death the two Noble Princes his Brothers the Duke of Bedford and Glocester who during the minority of King Henry the sixte had the Gouernment of the Kingdomes of England and France did employ all their Counsels and endeuors to perfect the Conquest of France the greater part whereof beeing gained by Henry the fift retained by the Duke of Bedford was againe lost by K. Henrie the sixt a manifest argument of his disability to finish the Conquest of this Land But when the ciuill Warre betweene the two Houses was kindled the Kings of England were so farre from reducing al the Irish vnder their Obedience as they drew out of Ireland to strengthen their parties al the Nobility and Gentry descended of English race which gaue opportunitie to the Irishry to inuade the Lands of the English Colonies and did hazard the losse of the whole kingdom For though the Duke of Yorke did while he liued in Ireland carrie himselfe respectiuely towards all the Nobility to win the generall loue of all bearing equall fauour to the Giraldines and the Butlers as appeared at the Christning of George duke of Clarence who was borne in the Castle of Dublin where he made both the Earle of Kildare and the Earle of Ormond his Gossips And hauing occasion diuers times to passe into England hee left the sworde with Kildare at one time and with Ormond at another when he lost his life at wakefield there were slaine with him diuers of both those families Yet afterwards those two Noble houses of Ireland did seuerally follow the two Royall houses of England the Giraldines adhering to the house of Yorke and the Butlers to the house of Lancaster Whereby it came to passe that not onely the principall Gentlemen of both those Sur-names but all their friendes and dependants did passe into England leauing their Lands and possessions to be ouer-run by the Irish. These impediments or rather impossibilities of finishing the Conquest of Ireland did continue till the Warres of Lancaster Yorke were ended which was about the 12. yeare of King Edward the fourth Thus hitherto the Kings of England were hindred from finishing this Conquest by great and apparant impediments Henrie the second by the rebellion of his sonnes King Iohn Henry the third Edward the second by the Barons warres Edward the first by his warres in wales and Scotland Edward the third and Henry the fift by the warres of France Richard the second Henry the fourth Henrie the sixt and Edward the fourth by Domestick contention for the Crowne of England it selfe BVt the fire of the ciuil warre being vtterly quenched and K. Edward the fourth setled in the peaceable possession of the Crowne of England what did then hinder that warlicke Prince from reducing of Ireland also First the whole Realme of England was miserably wasted depopulated impouerished by the late ciuil dissentions yet assoon as it had recouered it selfe with a little peace and rest this King raised an Army and reuiued the Title of France againe howbeit this Army was no sooner transmitted and brought into the fielde but the two Kings also were brought to an interview Whereupon partly by the faire and white promises of Lewes the 11. and partly by the corruption of some of King Edwards Minions the english forces were broken and dismissed King Edward returned into England where shortly after finding himselfe deluded and abused by the French he dyed with melancholy and vexation of spirit I Omit to speake of Richard the Vsurper who neuer got the quiet possession of England but was cast out by Henry the seauenth within two yeares and a halfe after his Vsurpation ANd for King Henry the seauenth himselfe thogh he made that happy vnion of the two houses yet for more then half the space of his raign there were walking Spirites of the house of Yorke aswell in Ireland as in England which he could not coniure downe without expence of some bloud and Treasure But in his later times hee did wholly studye to improue the Reuennues of the Crowne in both Kingdomes with an intent to prouide meanes for some great action which he intēded which doubtlesse if hee had liued woulde rather haue improued a iourny into Fraunce then into Ireland because in the eyes of all men it was a fayrer enterprize THerefore King Henry the eight in the beginning of his raigne made a Voyage Royall into France wherein he spent the greatest part of that treasure which his Father had frugally reserued perhaps for the like purpose In the latter end of his raign he made the like iourney being enricht with the Reuennewes of the Abbey Lands But in the middle time between these two attemptes the great alteration which hee made in the State ecclesiasticall caused him to stand vpon his guard at home the Pope hauing sollicited al the Princes of Christendom to reuenge his quarrell in that behalf And thus was King Henry the eight tained and diuerted from the absolute reducing of the kingdom of Ireland LAstly the infancie of King Edward the sixt and the Couerture of Qu. Mary which are both Non abilities in the Lawe did in fact disable them to accomplish the Conquest of Ireland SO as now this great worke did remaine to be performed by Queene ELIZABETH who though shee were diuerted by suppressing the open rebellion in the North by preuenting diuers secret Conspiracies against her person by giuing ayds to the French and States of the Low-Countries by maintaining a Nauall war with Spaine for
of Kildare to bee arrested and committed to the Castle of Dublin indited imprisoned manie other disobedient subiects called in and cancelled such Charters as wer lately before resumed and proceeded euery way so roundly and seuerely as the Nobility which were wont to suffer no controulment did much distast him and the Commons who in this Land haue euer bin more deuoted to their immediate Lords heer whom they saw euery day then vnto their Soueraigne Lord King whom they neuer sawe spake ill of this Gouernor as of a rigorous cruel man though in troth hee were a singular good Iusticer and if he had not dyed in the second yeare of his gouernment was the likeliest person of that Age to haue reformed and reduced the degenerate English Colonies to their natural obedience of the crown of England THus much then wee may obserue by the way that Maurice Fitz-Thomas the first Earle of Desmond was the first English Lord that imposed Coign and Liuery vpon the Kings subiectes and the first that raised his estate to immoderate greatnesse by that wicked Extortion and Oppression that he was the first that reiected the English Lawes and Gouernement and drew others by his example to do the like that he was the first Peere of Ireland that refused to come to the Parlament summoned by the Kinges Authority that he was the first that made a diuision and distinction betweene the English of bloud and the English of birth AND as this Earle was the onelie Authour and first Actour of these mischiefes which gaue the greatest impediment to the full Conquest of Ireland So it is to bee noted that albeit others of his ranke afterwardes offended in the same kinde whereby their Houses were many times in danger of ruin yet was there not euer any Noble house of English race in Ireland vtterly destroyed and finally rooted out by the hand of Iustice but the house of Desmond onely nor any Peere of this Realme euer put to death though diuers haue bin attainted but Tho Fitz-Iames the Earle of Desmond only and onely for those wicked Customes brought in by the first Earle and practised by his posterity though by seuerall Lawes they were made High-Treason And therfore though in the 7. of Edward the 4. during the Gouernment of the Lord Tiptoft Earle of worcester both the Earles of Desmond and Kildare were attainted by Parlament at Drogheda for alliance and fostering with the Irish and for taking Coign and Liuery of the Kings subiects yet was Desmond only put to death for the Earle of Kildare receiued his pardon And albeit the sonne of this Earl of Desmond who lost his head at Drogheda were restored to the Earldom yet could not the kings grace regenerate obedience in that degenerate house but it grew rather more wilde and barbarous then before For from thencefoorth they reclaimed a strange priuiledge That the Earles of Desmond should neuer come to any Parliament or Graund-Counsell or vvithin any walled towne but at their will and pleasure Which pretended Priuiledge Iames Earle of Desmond the Father of Girald the last Earle renounced and surrendred by his Deed in the Chancery of Ireland in the 32. of Henry the eight At what time among the meer Irishry hee submitted himselfe to Sir Anthony Saint-Leger then Lord Deputy tooke an Oath of Allegiance Couenanted that he would suffer the law of England to bee executed in his Countrey and assist the Kinges Iudges in their Circuits and if any Subsidies should be granted by Parlament he would permit the same to be leuied vppon his Tenants and followers Which Couenants are as straunge as the priuiledge it selfe spoken of before But that which I conceiue most worthy of Obseruation vpon the fortunes of the house of Desmond is this that as Maurice Fitz-Thomas the first Earl did first raise the greatnes of that house by Irish exactions and oppressions so Girald the last Earle did at last ruine and reduce it to nothing by vsing the like extortions For certain it is that the first occasion of his rebellion grew from hence that when he attempted to charge the Decies in the County of waterford with Coigne and Liuerie Blacke Rents and Cosheries after the Irish maner hee was resisted by the Earle of Ormond and vppon an encounter ouerthrowne and taken prisoner which made his heart so vnquiet as it easily conceiued treason against the Crowne and broght forth actuall and open Rebellion wherein he perished himselfe and made a final extinguishment of his house and honour Oppression and extortion did maintain the greatnesse and oppression and extortion did extinguish the greatnesse of that house Which may well be exprest by the old Embleme of a Torch turned downewards with this word Quod me alit extinguit NOw let vs returne to the course of reformation helde and pursued heere after the death of Sir Raphe Vfford which hapned in the twentieth yeare of K. Edward 3. After which time albeit all the power and Counsell of England was conuerted towards the Conquest of Fraunce yet was not the worke of reformation altogether discontinued For in the 25. yeare of K. Edward the third Sir Thomas Rookeby another worthy Gouernor whome I haue once before named held a Parlament at Kilkenny wherein many excellent Lawes were propounded and enacted for the reducing of the English Colonies to their Obedience which Lawes we find enrolled in the Remembrauncers Office heere and differ not much in substaunce from those other statutes of Kilkenny which not long after during the Gouernement of Lionell Duke of Clarence were not only enacted but put in execution This Noble Prince hauing married the Daughter and Heire of Vlster and beeing likewise a Coparcener of the County of Kilkenny in the 36. year of King Edward the thirde came ouer the Kings Lieutenant attended with a good retinue of martiall men as is before remembred and a Graue and Honorable Counsell aswel for peace as for warre But because this Armie was not of a Competent strength to breake and subdue all the Irishry although he quieted the borders of the English Pale and helde all Ireland in awe with his name and presence The principall seruice that hee intended was to reforme the degenerate English Colonies and to reduce them to obedience of the English Lawe and Magistrate To that end in the fortith yeare of King Edward the third he held that famous Parlament at Kilkenny wherein many notable lawes wer enacted which doo shew and lay open For the Law doth best discouer enormities how much the English Colonies were corrupted at that time and doe infallibly prooue that which is laide down before That they were wholy degenerate and faln away from their obedience For first it appeareth by the Preamble of these Lawes that the English of this Realme before the comming ouer of Lionel Duke of Clarence were at that time becom meere Irish in their Language Names Apparrell and all their maner of liuing and
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
established the composition of the Pale in liewe of Purueyance and Sesse of Souldiers These were good proceedinges in the worke of Reformation but there were many defects omissions withall for though he reduced all Conaght into Counties he neuer sent any Justices of Assize to visite that Prouince but placed Cōmissioners there who gouerned it onely in A course of discretion part Martiall and part Ciuill Againe in the Law that dooth abolish the Irish Captain-ships he gaue waie for the reuiuing thereof againe by excepting such as should be granted by Letters Patentes from the Crowne which exception did indeede take away the force of that Law For no gouernour during Queene Elizabeths raign did refuse to grant any of those Captain-ships to any pretended Irish Lord who would Desire and with his thankefulnesse Deserue the same And againe though the greatest part of Vlster were vested by Act of Parliament in the actuall and reall possession of the Crowne yet was there neuer any seisure made thereof nor any part thereof brought into charge but the Irish were permitted to take all the profits without rendering any dutie or acknowledgement for the same and though the Name of O Neale were damned by that act and the assuming thereof made High-treason yet after that was Tirlagh Leynnagh suffered to beare that Title and to intrude vpon the possessions of the Crown and yet was often entertained by the State with fauour Neither were these lands resumed by the Act of 11. of Elizabeth neglected onely for the Abbaies and religious Houses in Tirone Tirconnell and Fermannagh though they were dissolued in the 33. of Henry 8. were neuer surueied nor reduced into charge but were continually possest by the religious persons vntill his Maiestie that now is came to the Crowne and that which is more strāge the Donations of Byshopprickes being a flower of the Crowne which the Kings of England did euer retaine in all their Dominions when the Popes vsurped Authority was at the highest There were three Bishopprickes in Vlster namely Derry Rapho and Clogher which neither Queene Elizabeth nor any of her Progenitors did euer bestow though they were the vndoubted Patrons thereof So as King Iames was the first king of England that did euer supply those Sees with Byshops which is an argument eyther of great negligence or of great weaknesse in the State and Gouernours of those times And thus farre proceeded Sir Henry Sidney AFter him Sir Iohn Perrot who held the last Parliament in this Kingdome did aduance the Reformation in three principall points First in establishing the great composition of Conaght in which seruice the wisedome and industry of Sir Richard Bingham did concurre with him next in reducing the vnreformed partes of Vlster into seauen shires namely Ardmagh Monahan Tirone Coleraine Deuegall Fermannagh Cauan though in his time the Law was neuer executed in these new Counties by any Sheriffes or Iustices of Assize but the people left to be ruled still by their own barbarous Lords and Lawes And lastly by vesting in the Crowne the Lands of Desmond and his Adherents in Mounster and planting the same with English though that plantation were imperfect in many points AFter Sir Iohn Perrot Sir william Fitzwilliams did good seruice in two other points First in raising a composition in Mounster and then in setling the possessions both of the Lords and Tenantes in Monahan which was one of the last Acts of State tending to the reformation of the Ciuill Gouernment that was performed in the raigne of Queene ELIZABETH Thus we see by what degrees what pollicy and successe the Gouernors of this Land from time to time since the beginning of the raigne of King Edward 3. haue endeuored to reforme and reduce this people to the perfect obedience of the Crowne of England And we find that before the Ciuill Warres of Yorke and Lancaster they did chiefely endeuour to bring backe the degenerate English Colonies to their Duty and Allegeaunce not respecting the meer Irish whom they reputed as Aliens or Enemies of the Crowne But after King Henry 7. had vnited the Roses they labored to reduce both English and Irish together which worke to what passe and perfection it was brought in the latter end of Queen Elizabeths raign hath bin before declared Whereof sometimes when I doe consider I do in mine owne conceit compare these later Gouernors who went about to reforme the Ciuill Affairs in Ireland vnto some of the Kings of Israel of whom it is saide That they were good Kings but they did not cut downe the Groues and High places but suffered the people still to burne Incense commit Idolatry in them so Sir Anthony Saint-Leger the Earle of Sussex sir Henry Sidney sir Iohn Perrot were good Gouernours but they did not abolish the Irish Customes nor execute the Lawe in the Irish Countries but suffered the people to worship their barbarous Lordes and to remaine vtterly ignorant of their Duties to God and the King AND now am I come to the happy raigne of my most Gracious Lord Maister K. Iames in whose time as there hath been a concurrence of many great Felicities so this among others may be numbred in the first ranke that all the Defects in the Gouernment of Ireland spoken of before haue beene fully supplied in the first nine yeares of his raigne In which time there hath bin more done in the worke reformation of this Kingdome then in the 440. yeares which are past since the Conquest was first attempted Howbeit I haue no purpose in this Discourse to set forth at large all the proceedings of the State heere in reforming of this Kingdom since his Maiesty came to the Crowne for the parts and passages thereof are so many as to expresse them fully woulde require a seuerall Treatise Besides I for my part since I haue not flattered the former times but haue plainely laid open the negligence and errors of euery Age that is past woulde not willingly seeme to flatter the present by amplifying the diligence and true Iudgement of those Seruitours that haue laboured in this Vineyard since the beginning of his Maiesties happy raigne I shall therefore summarily without any amplication at all shewe in what manner and by what degrees all the defects which I haue noted before in the Gouernment of this Kingdome haue bin supplied since his Maiesties happy raigne beganne and so conclude these obseruations concerning the State of Ireland FIrst then touching the Martiall affayres I shall neede to say little in regard that the Warre which finished the Conquest of Ireland was ended almost in the instant when the crown descended vpon his Maiesty and so there remained no occasion to amēd the former errors committed in the prosecution of the warre Howbeit sithence his Maiesty hath still maintained an Army heere aswell For a Seminary of Martiall Men as to Giue strength and countenance to the Ciuil Magistrate I may iustly obserue that this
the raigne of King Edward 3. til the latter end of the raigne of Q. Elizabeth And lastly I haue declared set forth How all the said Errors haue bin corrected and the Defectes supplied vnder the prosperous Gouernment of his Maiesty So as I may positiuely conclude in the same words which I haue vsed in the Title of this Discourse That vntill the beginning of his Maiesties Raigne Ireland was neuer entirely subdued and brought vnder the Obedience of the Crown of England But since the crown of this kingdom with the vndoubted right and Title thereof discended vpon his Maiesty The whol Island from Sea to Sea hath bin brought into his Highnes peaceable possession and all the Inhabitants in euery corner thereof haue bin absolutely reduced vnder his immediate subiection In which condition of subiects they wil gladly continue without defection or adhaering to any other Lord or King as long as they may be Protected and Iustly Gouerned without Oppression on the one side or Impunity on the other For there is no Nation of people vnder the sunne that doth loue equall and indifferent Iustice better then the Irish or will rest better satisfied with the execution thereof although it bee against themselues so as they may haue the protection benefit of the Law when vppon iust cause they do desire it FINIS Errata FOl. 16. Linea 6. dele c. fol. 18. for regnem read regnum fol. 54. for offerals O Farals for Haulon Hanlon fol. 62. for Gormauston Gormanston fol. 86. for Gliun Clinn fol. 95. for improued proued fol. 102. for illuc illie fol. 103. for Clandalkin Clan-dalkan fol. 109. for Cautetan Canteton fol. 120. for mediate immediate fol. 134. for donation and donation of fol. 166. for Fermaunagh Fermannagh fol. 183. for Mangle Nangle for the Archdeacon Arohdeacon fol. 191. for mightely nightly fol 231. for well banisht welny banisht fol. 238. for Garny Grany fol. 256. for Deuegal Dongall fol. 265. Read Prouinces besides Two maine impediments of the conquest The faint prosecution of the warre What is a perfect Conquest How the war hath bin prosecuted since the 17. yeare of Henry the second In the time of Henry the second Giraldus Cambrenfis The first attempt but an aduenture of priuate Gentlemen With what forces the K. himselfe came ouer Archiu Remem Regis apud Westm. What maner of Conquest King Henrie the second made of Ireland Bodin de Repub The true markes of Soueraignty Houeden in Henrico secundo sol 312. 6. Iohannis Claus. membrana 18. 17. 〈◊〉 Chart. m. 3. 6. Hen. 3. chart m. 2. Archiu in 〈◊〉 Dublin 42. Hen. 3. Compotus Will. de la Zouch 36. Hen. 3. compotus Huberti de Rouly How the war was prosecuted in the time of King Iohn Giraldus Cambrensis Giraldus Cambrensis Giraldus Cambrensis Matth. Paris in Richardo primo so 1519. Matth Paris This Charter yet remaineth perfect with an entire Scale in the Treasury at Westminster Archiu in Castro Dublin Archiu Turr. 52 Hen. 3. Patent m. 9. How the martiall affayres were carried from the 12. yeare of king Iohn to the 36 yeare of King Edward the 3. Archiu in Castro Dublin Statut. 10 H. 7. cap. 4. Rot. Parliam in Castro Dublin Annales Hibernie in Camden Baron Finglas Manus Stat. 10. H. 7. cap. 4. Rot. Parliam in Castro Dublin Statut. 11. H. 4. cap. 6. Baron Finglas M. S. The Armie transmitted with Lionell Duke of Clarence the 36. of Edw. the 3. Archiu Remcm regis apud westm The manner of leuying Souldiers in former ages What seruice Lionel Duke of Clarence performed Archiu Turr. 36. Edw. 3. Claus. m. 21 in dorso m. 30. Sir William Winsor Lieutenant 47. Ed. 3. His forces and seruice 47. Edw. 3. Claus. m. 1. Stow in Rich. 2. The State of the Reuennue of Ireland in the time of Edward the 3. Walsingham in Richard the 2. Archiu Turr. 11. H. 3. patent m. 3. 21. Ed. 3. m. 41 47. Ed. 3. claus pers 2. m. 24. 26. Archiu in Castro Dublin Hollingshead in R. 2. Archiu in Castro Dublin 5. Edw. 3. How the war proceeded in the time of K. Richard the 2 3. Rich. 2. Archite Tâ—… Rot. Parliam 42. Pat. 2. pars 9. Rich. 2. m. 24. Walsingham in Richard the 2. Annales Tho. Otterbourne Manuscript Stow in Rich. 2. Archiu in officio Remcmorat regis apud Westmon Hollingshead in Richard the 2. Henry 4. The Lord Thomas of Lancaster his seruice 〈◊〉 Rememorat regis apud westm Henry 5. The Lorde Furniuall his seruice Alb. libr. Scacc. Dublin Henry 6. Richard Duke of Yorke his seruice Archiu in Castro Dublin Hollingshead in Henry the sixt Rot. Parliam in Castro Dublin Archiu Tur. 17 Hen. 6. Claus. m. 20. Manuscript of Baron Finglas Hollingshead in Hen. 6. Edward 4 How the war was maintained in the time of King Edward the 4 Holling shead in Edward the 4 Booke of Howth Manus The fraternity of Saint George in Ireland 14. of Edw. 4. Rot Parliam Dublin Henrie 7. How the war was prosecuted in the time of King Henry the 7. Archiv Rimem Regis apud Westm. The Booke of Howth Manus Hollingshcad in Henry the 7. Sir Edward Poynings seruice Rot. Parliam in Castro Dublin The Booke of Howth The battell of Knoctow Henrie 8. How the war was carried during the Raigne of K. Henrie the 8. The Earle of Surries seruice The Lord Leonard Grayes seruice The sight at Bealahoo Booke of Howth Manus Sir Anthonie Stliger Sir Edward Bellingham in the time of K. Edw. the 6. Archiu Remem Regis apud westm Tho Earle of Sussex in the time of Qu. Mary Queen Elizabeth How the War was prosecuted in the time of Qu. Elizabeth Shane O Neales Rebellion Archiu Remem Regis apud Westm. Desrnonds Rebellion Tyrones Rebellion Foure maine defects in the prosecution of the warre Why none of the Kinges of England before Queene Elizabeth did finish the conquest of Ireland Giraldus Cambrensis How the seuerall Kings of England were diuerted from the conquest of Ireland King Henrie 2. The Booke of Howth Manus Richard 1 K. Iohn Henrie 3 Edward 1 Archiv in Castro Dublin Annales Hiberbinae in CamdeÌ„ Edward 2 Annales Hiberâ—… Camder Archiu in Castro Dublin Manuscript of Frier Cliun Rubr. libr. Scac. Dublin Edward 3 Annales Hibernâ—e in Camden Richard 2 Henrie 4. Henrie 5. Annales Hiberniae in Camden Henrie 6. Hollingshead in Hen. 6. Manuscript of Baron Finglas Edward 4 Richard 3 Henrie 7. Henrie 8 K. Edward 6. and Qu. Marie Quee Elizabeth 2. The defects in the ciuill poilicy gouernment 1. The Lawes of England were not giueÌ„ to the meere Irish. Matth. Paris Histor. maior fol. 121. Matth. Paris Histor maior 220. b. 11. Hen. 3. pat m. 3. 30. H. 3. pat m. 20. The meere Irish not admittedto haue the benefit of the Lawes of England The meere Irish reputed Aliens Archiu in Castro Dublin Archiu in Castro Dublin
residence in this Kingdom but managed their estates heere by their Seneschals and Seruants And to defend their teritories against the bordering Irish they entertained some of the Natiues who pretended a perpetuall Title to those great lordships For the Irish after a thousande Conquests Attainders by our law would in those daies pretend title stil because by the Irish Lawe no man could forfeit his Land These natiues taking the opportunity in weake and desperate times vsurped those Seigniories and so Donald Mac Art Cauanagh being entertained by the Earl of Norfolke made himselfe Lorde of the County of Catherlogh And Lisagh O Moore being trusted by the L. Mortimer who married the Daughter and Heire of the Lord Bruce made himselfe Lord of the Lands in Leix in the latter end of king Edward the seconds raigne as is before declared Againe the decay and losse of Vlster Conaght is attributed to this that the Lorde William Bourke the last Earle of that name died without issue Male whose Ancestors namely the Red-Earle and Sir Hugh de Lacy before him being personally resident helde vp their greatnesse there kept the English in peace and the Irish in aw But when those Prouinces discended vppon an Heire Female and an Infant the Irish ouer-ran Vlster and the yonger branches of the Bourkes vsurped Conaght And therfore the Ordinance made in England the 3. of Richard 2. against such as were absent from their Lands in Ireland and gaue two third parts of the profites thereof vnto the King vntill they returned or placed a sufficient number of men to defend the same was grounded vppon good reason of state which Ordinaunce was put in execution for many yeares after as appeareth by sundry seizures made thereupon in the time of King Richard 2. Henry 4. Henry 5. and Henry 6. whereof there remaine Recordes in the Remembrancers Office heere Among the rest the Duke of Norffolke himselfe was not spared but was impleaded vpon this Ordinance for two parts of the profits of Dorburies Iland and other Landes in the Countie of wexford in the time of K. Heury 6. And afterwards vpon the same reason of State all the Landes of the house of Norfolke of the Earle of Shrewesburie the Lord Barkley and others who hauing Lands in Ireland kept their cōtinuall residence in England were entirely resumed by the Act of Absentees made in the 28. yeare of king Henry the eight But now againe let vs look back and see howe long the effect of that reformation did continue which was begun by Lionel Duke of Clarence in the fortith yeare of K. Edw 3. and what courses haue bin held to reduce and reforme this people by other Lieutenants and Gouernors since that time The English Colonies beeing in some good measure reformed by the Statutes of Kilkenny did not vtterly fal away into Barbarisme againe till the warres of the two Houses had almost destroyed both these Kingdoms for in that miserable time the Irish found opportunity without opposition to banish the English Law and gouernment out of all the Prouinces and to confine it onely to the English Pale Howbeit in the mean time between the Gouernment of the Duke of Clarence and the beginning of those ciuill Warres of Yorke and Lancaster we finde that the State of England did sundry times resolue to proceede in this worke of reformation For first King Richard 2. sent ouer Sir Nicholas Dagworth to suruey the possessions of the Crowne to call to accompt the Officers of the reuennue Next to draw his English Subiects to manure defend their lands in Ireland he made that Ordinance against Absentees spoken of before Again he shewed an excellent example of Iustice vppon Sir Phillip Courtney being his lieutenant of that kingdome when he caused him to bee arrested by special Commissioners vpon complaint made of sundry greeuous oppressions and wrongs which during his Gouernment he had done vnto that people After this the Parliament of England did resolue that Thomas Duke of Glocester the Kings Vnkle should bee employed in the reformation and reducing of that Kingdome the Fame wherof was no sooner bruted in Ireland but all the Irishry were readie to submit them-selues before his comming so much the very Name of a great personage specially of a Prince of the blood did euer preuayle with this people But the King and his Minions who were euer iealous of this Duke of Glocester wold not suffer him to haue the honor of that seruice But the King himselfe thought it a worke worthy of his own presence pains and thereuppon Himselfe in person made those two royall iournies mentioned before At what time he receiued the submissions of all the Irish Lordes and Captaines who bounde themselues both by Indenture oath to become and continue his Loyall Subiects And withall laid a perticular proiect for a ciuill plantation of the Mountains and Maritime Counties betweene Dublin and wexford by remoouing all the Irish Septes from thence as apeareth by the couenants betweene the Earle Marshall of England and those Irish Septs which are before remembred and are yet preserued and remaine of Record in the Kings Remembrancers Office at westminster Lastly this King being present in Ireland tooke speciall care to supply and furnish the Courtes of Iustice with able and sufficient Iudges And to that end hee made that Graue and Learned Iudge Sir william Hankeford Chiefe Iustice of the kings bench heere who afterwards for his seruice in this Realme was made Chiefe Iustice of the Kings Bench in England by K. Henry 4. and did withall associate vnto him william Sturmy a well Learned man in the Law who likewise came out of England with the K. that the legal proceedings which wer out of order too as all other things in that Realme were might be amended and made formall according to the course and Presidents of England But all the good purposes proiects of this King were interrupted and vtterly defeated by his sodaine departure out of Ireland and vnhappy deposition from the Crowne of England HOwbeit King Henrie the fourth intending likewise to prosecute this Noble worke in the third yeare of his raigne made the Lord Thomas of Lancaster his second sonne Lieutenant of Ireland Who came ouer in person and accepted againe the submissions of diuers Irish Lords Captaines as is before remembred and held also a Parliament wherein hee gaue newe life to the Statutes of Kilkenny and made other good Lawes tending to the Reformation of the Kingdome But the troubles raysed against the King his Father in England drew him home again so soon as that seed of reformation tooke no roote at all neither had his seruice in that kinde any good effect or successe After this the State of England had no leisure to thinke of a generall reformation in this Realme till the ciuill dissentions of England were apeased and the peace of that kingdom setled by K.
Henry 7. For albeit in the time of King Henry 6. Richard duke of York a Prince of the blood of great wisedome and valour and heir to a third part of the Kingdome at least being Earle of Vlster and Lord of Conaght and Meth was sent the Kinges Lieutenant into Ireland to recouer and reforme that Realme where he was resident in person for the greatest part of 10. yeares yet the troth is he aymed at another marke which was the Crown of England And therefore he thought it no pollicy to distast either the English or Irish by a course of reformation but sought by all meanes to please them and by popular courses to steale away their hearts to the end hee might strengthen his party when he should set on foot his Title as is before declared Which policy of his tooke such effect as that he drew ouer with him into England the Flower of all the English Colonies specially of Vlster and Meth whereof many Noblemen and Gentlemen were slain with him at wakefield as is likewise before remembred And after his Death when the warres between the Houses were in their heat almost al the good English bloud which was left in Ireland was spent in those ciuill dissentions so as the Irish became victorious ouer all without Bloud or Sweat Only that little Canton of Lande called the English Pale containing 4. small Shires did maintain a bordering war with the Irish and retaine the forme of English Gouernment But out of that little Precinct there were no Lordes Knights or Burgesses summoned to the Parliament neither did the Kings Writt run in anie other part of the kingdome and yet vpon the Marches Borders which at that time were growne so large as they tooke vp halfe Dublin half Meth and a third part of Kildare and Lowth there was no law in vse but the MarchLawe which in the Statutes of Kilkenny is said to be no Law but a leud Custome So as vpon the end of these ciuill warres in England the English Law Gouernment was well banisht out of Ireland so as no foot-steppe or print was left of any former Reformation THen did King Henry 7. send ouer Sir Edward Poynings to be his Depuputy a right worthy seruitor both in war and peace The principall end of his employment was to expel Perkin warbecke out of this kingdome but that seruice beeing perfourmed that worthy Deputy finding nothing but a common misery tooke the best course he possibly could to establish a Common-wealth in Ireland and to that end he held a Parliament no lesse famous then that of Kilkenny and more auaileable for the reformation of the whole Kingdome For whereas all wise men did euer concur in opinion that the readiest way to reform Ireland is to settle a forme of Ciuill Gouernment there conformable to that of England To bring this to passe Sir Edward Poynings did passe an Acte whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but prouided also for the time to come For he caused another Law to be made that no Act should be propounded in any Parliament of Ireland but such as should bee first transmitted into England and approued by the King and Counsell there as good and expedient for that Land and so returned backe againe vnder the Great Seale of England This Act though it seeme Prima facie to restrain the liberty of the subiects of Ireland yet was it made at the Prayer of the Commons vpon iust and important cause For the Gouernors of that realm specially such as were of that Contry Birth had layd many oppressions vpon the Commons and amongst the rest they had imposed Lawes vppon them not tending to the generall good but to serue priuate turnes and to strengthen their particular factions This moued them to referre all Lawes that were to be passed in Ireland to be considered corrected and allowed first by the State of England which had alwaies bin tender carefull of the good of this people and had long since made them a Ciuill Rich and Happy Nation if their own Lords and Gouernors there had not sent bad intelligence into England Besides this he took special order that the summons of Parliament should go into all the shires of Ireland and not to the foure shires only and for that cause specially hee caused all the Acts of a Parliament lately before holden by the Viscount of Gormanston to be repealed and made voide Moreouer that the Parliamentes of Ireland might want no desent or honorable forme that was vsed in England he caused a particular Act to passe that the Lords of Ireland should appeare in the like Parliament Robes as the English Lords are wont to weare in the Parliaments of England Hauing thus established all the statutes of England in Ireland and set in order the great Counsell of that Realme he did not omit to passe other Lawes aswell for the encrease of the Kings Reuennue as the preseruation of the publick peace To aduaunce the profites of the Crown First he obtained a subsidy of 26. s. 8. d. out of euery sixe score Acres manured payable yearely for 5. years Next he resumed al the Crown land which had been aliened for the most part by Richard Duke of Yorke lastly he procured a subsidy of Pondage out of all Merchandizes imported exported to be granted to the Crown in perpetuity To preserue the publicke peace he reuiued the statutes of Kilkenny He made wilfull murther High-Treason he caused the Marchers to book their men for whom they should answere and restrained the making Warre or peace without speciall Commission from the State These Lawes and others as important as these for the making of a commonwealth in Ireland wer made in the Gouernment of Sir Edward Poynings But these Lawes did not spread their Vertue beyonde the English Pale though they were made generally for the whole Kingdome For the Prouinces without the Pale which during the warre of Yorke and Lancaster had wholly cast off the English Gouernement were not apt to receyue this seed of reformation because they were not first broken and maistered againe with the sword Besides the Irish Countreyes which contained two third parts of the Kingdome were not reduced to Shire-Ground so as in thē the Lawes of England could not possibly be put in execution Therefore these good Laws prouisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little vse can be made till the Lute bee made fit to be plaid vpon And that the execution of al these Lawes had no greater Latitude then the Pale is manifest by the Statute of 13. of Henry 8. c. 3. which reciteth that at that time the Kings Lawes were obeyed and executed in the four shires onely and yet then was the Earle of Surrey Lieutenant of