nobis vsque ad aetatem nostram And in the pipe Rols remaining in Bremighams Tower in the Castle of Dublin vpon sundrie Accompts of the Seneshal of Vlster when that Earledome was in the Kings handes by reason of the minority of the Earle the entry of all such charges as were made vppon Oneale for RentBeeues or for aids towards the maintenance of the Kinges warres are in this forme Oneal Regulus 400 vaccas pro arreragio Reddit Oneal Regulus 100 li de Auxilio Domini Regis ad guerram suam in wasconia sustinendam And in one Rol the 36. of Henry the third Oneale Rex 100 li. de auxilio domini Regis ad guerram suam in VVallia sustinendam Which seemed strange to me that the Kings ciuill Officer should giue him that stile vpon Record vnlesse he meant it in that sense as Maximilian the Emperour did when speaking of his disobedient Subiects The Title saide he of Rex Regum doth more properly belong to mee then to any mortall Prince for all my subiects do liue as Kings they obey me in nothing but do what they list And truely in that sence these Irish Lords might not vnfitly be tearmed Kings But to speake in proper termes wee must say with the Latine Poet Quirexest Regem Maxime non habeat But touching these Irish Kings I will adde this note out of an ancient Manuscript the blacke Booke of Christ-Church in Dublin Isti Reges non fuerunt ordinati solemnitate alicuius ordinis nec vnctionis Sacramento nec iure baereditario vel aliqua proprietatis successione sed vi armis quilibâ—t RegneÌ„ suum obtinuit and therefore they had no iust cause to complaine when a stronger King then themselues became a King and Lord ouer them But let vs returne to our purpose and see the proceeding of the Martiall affaires King Henry the second being returned into England gaue the Lordship of Ireland vnto the Lord Iohn his youngest sonne sur-named before that time Sans Terre And the Pope confirming that guift sent him a Crowne of Pea-cockes feathers as Pope Clement the eight sent the Feather of a Phoenix as he called it to the Traitor Tirone This young Prince the Kings sonne being but twelue years of age with a traine of yong Noblemen and Gentlemen to the number of 300. but not with any maine army came ouer to take possession of his new Patrimony and being arriued at VVaterford diuers Irish Lords who had submitted themselues to his father came to performe the like duty to him But that youthfull company vsing them with scorne because their demeanors were but rude and barbarous they went away much discontented and raised a generall rebellion against him Whereby it was made manifest that the Submission of the Irish Lords and the Donation of the Pope were but slender and weake assurances for a kingdome Heereupon this young Lord was reuoked and Sir Iohn de Courcy sent ouer not with the kings armie but with a company of Voluntaries in number foure hundered or thereabout With these he atempted the conquest of Vlster and in foure or fiue encounters did so beate the Irishry of that Prouince as that he gained the Maritime Coasts thereof from the Boyne to the Bann and thereupon was made Earle of Vlster So as now the English had gotten good footing in all the Prouinces of Ireland In the first three Prouinces of Leinster Mounster and Conaght part by the sword and part by submission and alliance And lastly in Vlster by the inuasion and victories of Sir Iohn de Courcy From this time forward vntill the seuenteenth year of King Iohn which was a space of more then 30. yeares there was no army transmitted out of England to finish the Conquest Howbeit in the meane time the English Aduenturers and Colonies alreadie planted in Ireland did winne much ground vpon the Irish Namely the Earle Strongbow hauing married the Daughter of Mac Murrogh in Leinster the Lacies in Meth the Giraldines and other Aduenturers in Mounster the Audeleyes Gernons Clintons Russels and other Voluntaries of Sir Iohn de Courcies retinue in Vlster and the Bourkes planted by william Fitz-Adelme in Conaght Yet were the English reputed but Part-Owners of Ireland at this time as appeareth by the Commission of the Popes Legate in the time of King Richard the first whereby he had power to exercise his Iurisdiction in Anglia wallia ac illis Hiberniae partibus in quibus Iohannes Moretonii Comes potestatem habet et dominium as it is recorded by Mat. Paris King Iohn in the twelfth year of his raigne came ouer again into Ireland the Stories of that time say With a great army but the certaine numbsrs are not recorded yet it is credible in regard of the troubles where-with this King was distressed in England that this army was not of sufficient strength to make an entire Conquest of Ireland and if it had bin of sufficient strength yet did not the King stay a sufficient time to performe so great an action for he came ouer in Iune returned in Septem the same yeare Howbeit in that time the Irish Lords for the most part submitted theÌ„selues to him as they had done before to his Father which was but a meere mockery imposture For his backe was no sooner turned but they returned to their former rebellion yet this was reputed a second Conquest And so this King giuing order for the building of some Castles vpon the Borders of the English Colonies left behinde him the Bishop of Norwich for the ciuill gouernment of the Lande but he left no standing army to prosecute the conquest onely the English Colonies which were alreadie planted were left to themselues to maintaine what they had got and to gaine more if they could The personall presence of these two great Princes King Henry the second and King Iohn though they performed no great thing with their armies gaue such countenaunce to the English Colonies which encreased dayly by the comming ouer of new voluntaries and aduenturers out of England as that they enlarged their Territories verie much Howbeit after this time the kings of England either because they presumed that the English Colonies were strong enough to roote out the Irish by degrees or else because they were diuerted or disabled otherwise as shall bee declared heereafter neuer sent ouer any Royall armie or anie numbers of men worthy to be called an army into Ireland vntill the thirty six yeare of king Edward the thirde when Lionell Duke of Clarence the kings second sonne hauing married the daughter and heyre of Vlster was sent ouer with an extraordinary power in respect of the time for the warres betwixt England and Fraunce were then in their heate aswell to recouer his Earledome of Vlster which was then ouer-run possest by the Irish as to reforme the English Colonies which were become strangely degenerate throughout the whole kingdome FOr though
called the Crosse wherein the K. made a Sheriffe And so in each of these Counties Palatines there were two Sheriffes One of the Libertie another of the Crosse As in Meth we find a Sheriffe of the Liberty and a Sheriffe of the Crosse And so in Vlster so in wexford And so at this day the Earle of Ormond maketh a Sheriffe of the Liberty and the King a Sheriffe of the Crosse of Tipperary Heereby it is manifest how much the Kinges Iurisdiction was restrained and the power of these Lords enlarged by these High Priuiledges And it doth further appear by one Article among others preferred to King Edward the thirde touching the reformation of the state of Ireland which we finde in the Tower in these words Item les francheses grantes in Irelād que sont Roialles telles come Duresme Cestre vous oustont cybien de les profits Come de graunde partie de Obeisance des persons enfrancheses en quescū franchese est Chancellerie Chequer Conusans de pleas cybien de la Coronne come autres communes grantont auxi Charters de pardon et sont souent per ley et reasonable cause seisses envostre main a grand profit de vous et leigerment restitues per maundemēt hors de Englettere a damage c. Vnto which Article the K. made answer Le Roy voet que les francheses que sont et serront per iuste cause prises en sa main ne soent my restitues auant que le Roy soit certifie de la cause de la prise de icelles 26. Ed. 3. Claus. m. 1. Again these great Vndertakers were not tied to any forme of plantation but all was left to their discretion and pleasure And although they builded Castles and made Free-holders yet were there no tenures or seruices reserued to the Crowne but the Lords drew all the respect and dependancie of the common people vnto Themselues Nowe let vs see what inconueniences did arise by these large and ample Grants of Landes and Liberties to the first Aduenturers in the Conquest ASsuredly by these Grants of whole Prouinces and pettie Kingdomes those few English Lordes pretended to be proprieters of all the Land so as there was no possibility left of setling the Natiues in their possessions and by consequence the Conquest becam impossible without the vtter extirpation of all the Irish which these English Lords were not able to doe nor perhaps willing if they had bin able Notwithstanding because they did still hope to become Lordes of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants and because they did feare that if the Irish were receiued into the Kings protection and made Liege-men and Free-subiectes the state of England woulde establish them in their possessions by Graunts from the Crowne reduce their Countries into Counties ennoble some of them and enfranchise all and make them amesueable to the Lawe which woulde haue abridged and cut off a great part of that greatnesse which they had promised vnto themselues they perswaded the King of England that it was vnfit to Communicate the Lawes of England vnto them that it was the best pollicie to holde them as Aliens and Enemies and to prosecute them with a continuall warre Heereby they obtained another Royal prerogatiue and power which was to make Warre and peace at their pleasure in euery part of the Kingdome Which gaue them an absolute Commaund ouer the Bodies Landes and Goods of the English subiectes heere And besides the Irish inhabiting the Lands fully Conquered and reduced being in condition of slaues and Villaines did render a greater profit and Reuennew then if they had bin made the Kings Free-subiects And for these two causes last expressed they were not willing to root out all the Irishry We may not therfore meruaile that when King Edward the third vpon the petition of the Irish as is before remembred was desirous to be certified De voluntate magnatum suorum in proximo Parliamento in Hibernia tenend si sine alieno praeiudicio cōcederepossit quod per statut inde fact Hibernici vtantur legibus Anglicanis siue chartis Regijs inde Impetrandis that there was neuer any Statute made to that effect For the troth is that those great English Lords did to the vttermost of their power crosse and withstand the enfranchisement of the Irish for the causes before expressed Wherein I must stil cleare and acquit the Crown and State of England of negligence or ill pollicy and lay the fault vppon the Pride Couetousnesse ill Counsell of the English planted heer which in all former ages haue bin the chiefe impediments of the final Conquest of Ireland AGaine those large scopes of Land and great Liberties with the absolute power to make warre and peace did raise the English Lordes to that height of Pride and Ambition as that they could not endure one another but grew to a mortall warre and dissention among themselues as appeareth by all the Records and Stories of this Kingdome First in the yeare 1204. the Lacies of Meth made Warre vpon Sir Iohn Courcy who hauing taken him by treachery sent him prisoner into England In the yeare 1210. King Iohn comming ouer in person expelled the Lacies out of the Kingdome for their tiranny and oppression of the English howbeit vppon payment of great Fines they were afterward restored In the yeare 1228. that family beeing risen to a greater heighth for Hugh de Lacy the yonger was created Earle of Vlster after the death of Courcy without yssue there arose dissention and warre betweene that house and william Marshall Lorde os Leinster whereby all Meth was destroyed and layd wast In the yeare 1264. Sir walter Bourke hauing married the Daughter heire of Lacy whereby he was Earl of Vlster in right of his Wife had mortall debate with Maurice Fitz-Morice the Geraldine for certaine Lands in Conaght So as all Ireland was full of Wars between the Bourkes and the Geraldines say our Annalles Wherein Maurice Fitz-Morice grew so insolent as that vppon a meeting at Thistledermot he took the Lord Iustice himselfe Sir Richard Capell prisoner with diuers Lords of Mounster beeing then in his Company In the yeare 1288. Richard Bourke Earle of Vlster commonly called the Red Earle pretending title to the Lordship of Meth made warre vpon Sir Theobald de Verdun and besiedged him in the Castle of Athloue Againe in the yeare 1292. Iohn Fitz-Thomas the Geraldine hauing by contention with the Lorde Vesci gotten a goodly inheritance in Kildare grew to that heighth of immagination saith the Story as he fell into difference with diuers great Noblemen and among many others with Richard the Red Earle whom he took prisoner and detained him in Castle Ley and by that dissention the English on the one side and the Irish on the other did wast and destroy all the Countrey After in the yeare 1311. the same Red Earle
Ireland a Gouernor much feared of the Kings Enemies and exceedingly honored and beloued of the Kings subiects And the instructions giuen by the state of Ireland to Iohn Allen Maister of the Rols employed into England neere about the same time doe declare as much wherein among other things hee is required to aduertise the King that his Land of Ireland was so much decayed as that the Kings Lawes were not obeyed twenty miles in compas Whereupon grew that By-word vsed by the Irish viz That they dwelt By-west the Law which dwelt beyond the Riuer of the Barrow which is within 30. Miles of Dublin The same is testified by Baron Finglas in his Discourse of the decay of Ireland which hee wrote about the 20. yeare of King Henry 8. And thus we see the effect of the Reformation which was intended by Sir Edward Poynings THE next Attempt of Reformation was made in the 28. yeare of King Henry 8. by the Lorde Leonard Gray who was created Viscount of Garny in this Kingdome and helde a Parliament wherein many excellent Lawes were made But to prepare the mindes of the people to obey these Lawes he began first with a Martiall course For being sent ouer to suppresse the Rebellion of the Giraldines which he performed in few months he afterwards made a victorious Circuit round about the Kingdome beginning in Offaly against O Connor who had ayded the Giralà ines in their Rebellion and from thence passing along through all the Irish Countries in Leinster and so into Mounster wher hee tooke pledges of the degenerate Earle of Desmond and thence into Conaght and thence into Vlster then concluded this warlicke Progresse with the Battell of Belahoo in the Borders of Meth as is before remembred The principall Septs of the Irishry beeing all terrified and most of them broken in this iourney manie of their chiefe Lords vppon this Deputies returne came to Dublin and made their submissions to the crown of England Namely the O Neales O Relies of Vlster Mac Murrogh O Birne and O Carrol of Leinster and the Bourks of Conaght This preparation being made he first propounded and passed in Parlament these Lawes which made the great alteration in the State Ecclesiastical Namely the Act which declared King Henry the eight to bee supreame Head of the Church of Ireland The Act probibiting Apeales to the church of Rome the Act for first fruites and twentith part to be paid to the King the Act for Faculties and Dispensations And lastly the Act that did vtterly abolish the vsurped Authoritie of the Pope Next for the encrease of the Kings Reuennew By one Act he suppressed sundry Abbeyes and Religious Houses and by another Acte resumed the Lands of the Absentees as is before remembred And for the Ciuill Gouernment a speciall Statute was made to abolish the Black-Rents and tributes exacted by the Irish vpon the English Colonies and another Law enacted that the English Apparrell Language manner of liuing should bee vsed by all such as would acknoledge themselues the Kings Subiects This Parliament being ended the Lord Leonard Gray was suddenly reuokt and put to death in England so as hee liued not to finish the woorke of Reformation which he had begun which notwithstanding was well pursued by his successors Sir Anthony Saint-Leger Vnto whom all the Lords and Chiefetanes of the Irishry and of the degenerate English throughout the Kingdome made their seueral submissions by Indenture which was the fourth general submission of the Irish made since the first attempt of the Conquest of Ireland whereof the first was made to King Henry 2. the second to k. Iohn the third to K. Richard 2. and his last to Sir Anthony Saint-Leger in 33. of Hen. 8. IN these Indentures of submission all the Irish Lords do acknowledge K. Henry the eight to be their Soueraign Lord and King and desire to bee accepted of him as subiects They confesse the Kings supremacy in all causes do vtterly renounce the Popes Jurisdiction which I conceiue to bee worth the noting because when the Irish had once resolued to obey the king they made no scruple to renounce the Pope And this was not only done by the meere Irish but the chiefe of the degenerate English Families did perfourme the same as Desmond Barry and Roche in Mounster and the Bourkes which bore the Title of Mac william in Conaght These submissions being thus taken the Lorde Deputy and Counsell for the present Gouernment of those Irish Countries made certaine Ordinances of state not agreeable altogither with the Rules of the Law of England the reason whereof is exprest in the preamble of those Ordinances Quia nondum sic sapiunt leges Iura vt secundū ea iam immediatè viuere regipossint The chiefe points or Articles of which Orders registred in the Counsel Booke are these That King Henrie the eight shold be accepted reputed and named King of Ireland by all the Inhabitants of the Kingdome that al Archbishops and Bishops should bee permitted to exercise their Iurisdiction in euery Diocesse throughout the Land that tithes should be duely set out and paide that Children should not be admitted to Benefices that for euery Manslaughter and theft aboue 14 d committed in the Irish Contries the offender shold pay a fine of 40. li. twenty pound to the King and 20. li. to the Captaine of the Country and for euery thefte vnder 14. d. a fine of fiue markes should be paid 46. s. viij d to the Captaine and 20. s. to the Tanister That Horsemen and Kearn shold not be imposed vppon the Common people to beefed and maintained by them That the Maister shold answer for his seruants and the Father for his Children That Cuttinges should not be made by the Lorde vppon his Tenants to maintaine war with his neighbors but only to beare his necessary expences c. These ordinances of state being made and published there were nominated and appointed in euery prouince certaine Orderers or Arbitraters who instead of these Irish Erehons should heare and determine all their Controuersies In Conaght the Arch-Bishop of Tuam the Bishop of Clonfert Captaine wakeley and Captaine Ouington In Munster the Bishop of VVaterford the Bishop of Corke and Rosse the Maior of Corke and Maior of Yough-hall In Vlster the Archbishop of Ardmagh the Lord of Lowth And if any difference did arise which they could not end either for the difficultie of the cause or for the obstinacy of the parties they were to certifie the Lord Deputy and Counsell who would decide the matter by their authority Heereuppon the Irish Captaines of lesser Territories which had euer bin oppressed by the greater mightier some with Risings out others with Bonaght and others with Cuttings and spendings at pleasure did appeale for Iustice to the Lorde Deputy who vpon hearing their Complaints did alwayes order that they should all imediatly depend vpon the King and
the Sea-coasts of Leinster and Mounster drew ouer the King in person the next year after cum quingentis Militihus as Giraldus Cnmbrensis reporteth who was present in Ireland at that time Which if they were but fiue hundered souldiers seemeth too smal a traine for so great a Prince But admit they wer fiue hundred knights yet because in those dayes euery Knight was not a Commaunder of a Regiment or Company but most of them serued as priuate men sometimes a hundered Knightes vnder a Speare as appeareth by the Lists of the ancient armies we cannot coniecture his army to haue beene so great as might suffice to conquer all Ireland being diuided into so many Principalities and hauing so manie Hydraes heads as it had at that time For albeit Tacitus in the life of Agricola doth report that Agricola hauing subdued the greatest part of Great Britaine did signifie to the Senat of Rome that he thought Ireland might also be conquered with one Legion and a few ayds I make no doubt but that if he had attempted the conquest thereof with a farre greater army he would haue found himselfe deceiued in his coniecture For a Barbarous Country is not so easily conquered as a Ciuill where of Caesar had experience in his warres against the Gaules Germaines and Britaines who were subdued to the Roman Empire with farre greater difficulty then the rich kingdoms of Asia And againe a Countrey possessed with many pettie Lordes and States is not so soone brought vnder entirely as an entire Kingdome Gouerned by one Prince or Monarch And therefore the late King of Spaine could sooner win the Kingdome of Portugall then reduce the States of the Low-Countries BVt let vs see the successe of King Henrie the second doubtlesse his expedition was such as he might haue said with Caesar veni vidi vici For vpon his first arriuall his very Presence without drawing his sword preuailed so much as al the Petty-Kings or Great Lords within Leinster Conaght and Mounster submitted themselues vnto him promised to pay him tribute acknowledged him their chiefe and Soueraigne Lord. Besides the better to assure this inconstant Sea-Nimph who was so easily wonne the Pope would needs giue her vnto him with a Ring Coniugio iungam stabili propriamque dicabo But as the Conquest was but slight and superficiall so the Popes Donation and the Irish Submissions were but weake and fickle assurances For as the Pope had no more interrest in this kingdome then He which offered to Christ all the kingdomes of the earth so the Irish pretend That by their Law a Tanist might do no Act that might bind his successor But this was the best assurance hee could get from so many strong Nations of people with so weake a power and yet he was so well pleased with this title of the Lordship of Ireland as he placed it in his Royall Stile before the Dutchies of Normandy Aquitaine And so being aduertised of somestirs raised by his vnnatural sonnes in England within fiue months after his first arriuall hee departed out of Ireland without striking one blow or building one Castle or planting one Garrison among the Irish neither left he behinde him one true subiect more then those he found there at his comming ouer which were onely the English Aduenturers spoken of before who had gained the Port Townes in Leinster and Mounster and possessed some scopes of land thereunto adioyning partly by Strongbowes alliaunce with the Lord of Leinster and partly by plaine inuasion and Conquest And this is that Conquest of King Henry the second so much spoken of by so many Writers which though it were in no other manner then is before expressed yet is the entire Conquest of all Ireland attributed vnto him But the troth is the conquest of Ireland was made peece and peece by slow steppes and degrees and by seuerall attempts in seuerall ages There were sundry reuolutions as well of the English fortunes as of the Irish some-whiles one preuailing somewhiles the other and it was neuer brought to a full period till his Maiesty that now is came to the Crowne As for King Henry the second hee was farre from obtaining that Monarchy Royall and true Soueraignetie which his Maiesty who nowe raigneth hath ouer the Irish. For the Irish Lords did onely promise to become Tributaries to King Henry the second And such as pay onely Tribute though they bee placed by Bodin in the first degree of Subiection are not properlie Subiects but Soueraignes For though they bee lesse and inferiour vnto the Prince to whom they pay Tribute yet they hold all other pointes of Soueraignty and hauing paide their Tribute which they promised to haue their peace they are quit of all other duties as the same Bodin writeth And therefore though King Henry the second had the title of Soueraigne Lorde ouer the Irish yet did he not put those thinges in execution which are the true markes and differences of Soueraignty For to giue Lawes vnto a people to institute Magistrats and Officers ouer them to punish and pardon Malefactors to haue the sole authority of making warre and peace and the like are the true markes of Soueraignetie which King Henry the second had not in the Irish Countreyes but the Irish Lords did still retaine all these prerogatiues to themselues For they gouerned their people by the Brehon Law they made their owne Magistrates and Officers they pardoned and punnished all Malefactours within their seuerall Countries they made warre and peace one with another without controulment and this they did not onely during the raigne of King Henry the second but afterwardes in all times euen vntill the Raigne of Queen Elizabeth And it appeareth what maner of subiects these Irish Lords were by the Concorde made betweene K. Henrie the second and Rodericke ô Connor the Irish King of Conaght in the yeare 1175. which is recorded by Houeden in this forme Hic est finis Concordia inter Dominū regem Angliae Henricū filiū Imperatricis Rodoricum Regem Conactae scilicet quod Rex c. Angliae concessit praedict Roderico Ligeo hominisuo vt sit Rex sub eo paratus ad seruitium suum vt homo suus c. And the Commission whereby King Henry the second made VVilliam Fitz-Adelme his Lieutenant of Ireland hath this direction Archiepiscopis Episcopis Regibus Comitibus Baronibus omnibus fidelibus suis in Hibernia Salutem Whereby it is manifest that hee gaue those Irish Lords the Title and stile of Kinges King Iohn likewise did grant diuers Charters to the King of Conaght which remaine in the Tower of London And afterwards in the time of King Henrie the third wee finde in the Tower a graunt made to the King of Thomond in these words Rex Regi Tosmond salutem Concessimus vobis terram Tosmond quam prius tenuistis per firmam centum triginta marcarum Tenendum de
yet remayning in Breminghams Tower made by william Fitz-warren Seneshall and Farmour of the Landes in Vlster seized into the Kings hands after the death of walter de Burgo Earle of Vlster from the fifth yeare of Edward the third vntill the eight yeare doe amount but to 900. and odde pounds at what time the Irishry had not made so great an inuasion vpon the earledome of Vlster as they had done in the time of King Richard the second As vaine a thing it is that I haue seen written in an ancient Manuscript touching the Customes of this realme in the time of King Edward the third that those dutics in those daies should yearely amount to 10000. Markes which by mine owne search and view of the Records heere I can iustly controll For vppon the late reducing of this ancient inheritance of the crown which had beene detained in most of the Port-Townes of this Realme for the space of a hundred yeares and vpwardes I tooke some paines according to the duty of my place to visâ— all the Pipe-Rolles wherein the Accompts of Customes are contained and found those duties aunswered in euery Port for 250. yeares together but did not find that at any time they did exceed a thousand pound Per annum and no maruell for the subsidie of Pondage was not then known and the greatest profite did arise by the Cocquet of Hides for Wooll and Wooll-fels were euer of little value in this Kingdome But now againe let vs see how the Martiall affayrs proceeded in Ireland Sir william winsor continued his gouerment till the latter end of the raign of King Edward the thirde keeping but not enlarging the English borders IN the beginning of the raigne of King Richard the second the State of England began to thinke of the recouery of Ireland For then was the first Statute made against Absentees commanding al such as had Land in Ireland to returne reside thereupon vppon paine to forfeite two third parts of the profit thereof Againe this King before himselfe intended to passe ouer committed the Gouernment of this Realme to such great Lordes successiuely as he did most loue and fauor first to the Earle of Oxford his Cheefe Minion whom he created Marquesse of Dublin and Duke of Ireland next to the Duke of Surrey his halfe Brother and lastly to the Lord Mortimer Earle of March and Vlster his Cosin and heyre apparant Among the Patent Rolles in the Tower the ninth yeare of Rich. the 2. we finde fiue hundred men at Armes at xij d. a peece Per diem and a 1000. A chers at vi pence a piece per diem appointed for the Duke of Ireland Super Conquestu illius terrae per duos annos for those are the wordes of that Record But for the other two Lieutenants I do not find the certain numbers wherof their armies did consist But certaine it is that they were scarse able to defend the English borders much lesse to reduce the whol Island For one of them namely the Earle of March was himselfe slain vpon the borders of Meth for reuenge of whose death the King himselfe made his second voyage into Ireland in the last yeare of his raigne For his first voyage in the eighteenth yeare of his raigne which was indeed a VoyageRoyall was made vpon another motiue and occasion which was this Vpon the vacancy of the Empire this King hauing married the King of Bohemiaes Daughter whereby hee had great alliance in Germany did by his Ambassadors solicit the Princes Electors to choose him Emperour but another being elected and his ambas sadors returned hee would needes know of them the cause of his repulse in that Competition they tolde him plainly that the Princes of Germanie did not thinke him fit to commaund the Empire who was neither able to hold that which his Ancestours had gained in France nor to rule his inso lent Subiects in England nor to Maister his rebellious people of Ireland This was enough to kindle in the heart of a young Prince a desire to performe some great enterprise And therefore finding it no fit time to attempt France he resolued to finish the Conquest of Ireland and to that end he leuied a mightie armie consisting of foure thousand men at Armes and 30000. Archers which was a sufficient power to haue reduced the whol Island if he had first broken the Irish with a warre and after established the English Lawes among them and not haue beene satisfied with their light submissions onely wherewith in all ages they haue mockt and abused the State of England But the Irish Lords knowing this to be a sure pollicie to dissolue the forces which they were not able to resist for their Ancestors had put the same trick and imposture vppon King Iohn and King Henry the second assoone as the King was arriued with his army which he brought ouer vnder S. Edwards Banner whose name was had in great veneration amongst the Irish they all made offer to submit themselues Whereupon the Lorde Thomas Mowbray Earle of Nottingham and Marshall of England was authorized by speciall Commission to receiue the homages Oaths of fidelity of all the Irishrie of Leinster And the King himselfe hauing receiued humble Letters from Oneale wherein hee styleth himselfe Prince of the Irishry in Vlster and yet acknoledgeth the King to be his Soueraign Lorde perpetuus Dominus Hiberniae remoued to Droghedab to accept the like submissions from the Irish of Vlster The men of Leinster namely Mac Murrogh O Byrne O Moore O Murrogh O Nolan and the cheefe of the Kinshelaghes in an humble and solemn manner did their homages made their Oaths of fidelity to the Earl Marshall laying aside their girdles their skeins and their Caps and falling downe at his feet vpon their knees Which whe they had performed the Earle gaue vnto each of them Osculum pacis Besides they were bound by feueral Indentures vpon great paines to bee paide to the Apostolique Chamber not onely to continue loyall subiects but that by a certaine day prefixed they and all their Sword men should clearely relinquish and giue vp vnto the King and his successors all their Landes and possessions which they held in Leinster and taking with them onely their mooueable goods shold serue him in his warres against his other Rebels In consideration whereof the King should giue them pay pensions during their liues and bestow the inheritance of all such lands vpon them as they shoulde recouer from the Rebels in any other part of the Realme And thereupon a pension of eighty Markes per annum was graunted to Art'Mac Murrogh chiefe of the Kauanaghes the enroulement whereof I found in the White Booke of the Exchequer heere And this was the effect of the seruice performed by the Earle Marshall by vertue of his Commission The King in like maner receiued the submissions of the Lords of Vlster namely O Neal O Hanlon Mac Donel
Mac Mahon others who with the like Humility and Ceremony did homage and fealtie to the Kings owne person the words of O Neales homage as they are recorded are not vnfit to be remembered Ego Nelanus Oneal Senior tam pro meipso quā pro filijs mels tota Natione mea Parentelis meis pro omnibus subdit is me is deuenio ' Ligeus homo vester c. And in the Indenture betweene him and the King he is not onely bound to remaine faithfull to the Crowne of England but to restore the Bonaght of Vlster to the Earle of Vlster as of right belonging to that Earledomc vsurped among other things by the Oneales These Indentures and submissions with many other of the same kinde for there was not a Chieftaine or head of an Irish sept but submitted himselfe in one forme or other the King himselfe caused to bee enrolled and testified by a Notary publique deliuered the enroulments with his owne hands to the Byshop of Salisbury then Lord Treasurer of England so as they haue beene preserued and are now to be found in the Office of the Kings Remembrancer there With these humilities they satisfied the young King and by their bowing and bending auoyded the present storme and so brake that Army which was prepared to breake them For the King hauing accepted their submissions receiued them in Osculo pacis feasted them and giuen the honor of Knight-hood to diuers of thē did breake vp and dissolue his armie and returned into England with much honor smal profit saith Froissard For though he had spent a huge masse of Treasure in transporting his army by the countenance whereof he drew on their submissions yet did hee not encrease his reuennew thereby one sterling pound nor enlarged the English borders the bredth of one Acre of Land neither did he extend the Iurisdiction of his Courtes of Justice one foote further then the English Colonies wherein it was vsed and exercised before Besides he was no sooner returned into England but those Irish Lords laide aside their maskes of humility and scorning the weake forces which the King had left behinde him beganne to infest the borders in defence whereof the Lord Roger Mortimer being then the Kings Lieutenant and heire apparent of the Crowne of England was slaine as I saide before Whereupon the king being moued with a iust appetite of reuenge came ouer againe in person in the 22. yeare of his raigne with as potent an armie as he had done before with a ful purpose to make a full Conquest of Ireland he landed at waterford and passing from thence to Dublin through the wast Countries of the Murroghes Kinshelaghes Cauanaghes Birnes and Tooles his great armie was much distressed for want of victuals and carriages so as he performed no memorable thing in that iourney onely in the Cauanaghes Countrey hee cut and cleared the paces and bestowed the honor of Knighthood vpon the Lord Henry the Duke of Lancasters son who was afterwards King Henrie the fifte and so came to Dublin where entring into Counsell how to proceede in the warre he receiued newes out of England of the arriuall of the bannished Duke of Lancaster at Rauenspurgh vsurping the Regall authority and arresting and putting to death his principall Officers This aduertisement suddainely brake off the kings purpose touching the prosecution of the warre in Ireland and transported him into England where shortly after hee ended both his raigne and his life Since whose time vntill the 39. yeare of Q Elizabeth there was neuer any armie sent ouer of a Competent strength or power to subdue the Irish but the warre was made by the English Colonies onely to defend their borders or if any forces were transmitted ouer they were sent only to suppresse the rebellions of such as were descended of English race and not to enlarge our Dominion ouer the Irish. DVring the raigne of king Henrie the fourth the Lorde Thomas of Lancaster the Kings second sonne was Lieutenant of Ireland who for the first eight yeares of that Kings raign made the Lord Scroope and others his Deputies who only defended the Marches with forces leuied within the Land In the eight yeare that Prince came ouer in person with a small retinue So as wanting a sufficient power to attempt or performe any great seruice he returned within seuen moneths after into England Yet during his personall abode there he was hurt in his owne person within one mile of Dublin vpon an incounter with the Irish enemy He tooke the submissions of O Birne of the Mountaines Mac Mahon and O Rely by seuerall Indentures wherin O Birne doth Couenant that the King shall quietly enioy the Mannor of New-Castle Mac Mahon accepteth a State in the Ferny for life rendering ten pound a yeare and O Reley doth promise to performe such duties to the Earle of March and Vlster as were contained in an Indenture dated the 18. of Richard the second IN the time of K. Henry the fift there cam no forces out of England Howbeit the Lord Furniual being the kings Lieutenant made a martial circuit or iourney round about the Marches Borders of the Pale and brought all the Irish to the Kinges peace beginning with the Birnes Tooles and Cauanaghes on the South and so passing to the Moores O Connors and Offerals in the West and ending with the O Relies Mac Mahons O Neales and O Haulons in the North. Hee had power to make them seeke the Kings peace but not power to reduce them to the Obedience of Subiectes yet this was then held so great and worthy a seruice as that the Lords chiefe Gentlemen of the Pale made certificate thereof in French vnto the King being then in France which I haue seen Recorded in the white Booke of the Exchequer at Dublin Howbeit his Armie was so ill paid and gouerned as the English suffered more dammage by the Sesse of his Souldiers for now that Monster Coigne and Liuerie which the Statute of Kilkenny had for a time abolished was risen againe from hell then they gained profit or security by abating the pride of their enemies for a time DVring the minority of King Henry the sixt and for the space of seuen or eight yeares after the Lientenants and Deputies made only a bordering warre vpon the Irish with small and scattered forces howbeit because there came no treasure out of England to pay the Soldier the poore English fubiect did beare the burthen of the men of warre in euery place were thereby so weakned and impouerished as the State of thinges in Ireland stood very desperate Whereupon the Cardinall of winchester who after the death of Humfrey Duke of Glocester did wholly sway the State of England beeing desirous to place the Duke of Somerset in the Regencie of Fraunce tooke occasion to remooue Richard Duke of Yorke from that gouernment and to send him into Ireland
being doone it was neuer intended that these forces should stand till the rest of the kingdome were setled and reduced onely that army which was brought ouer by the Earle of Essex Lorde Lieutenant and Gouernor generall of this kingdom in the 39. yeare of Queen Elizabeth to suppresse the Rebellion of Tirone which was spred vniuersally ouer the whole Realme That armie I say the command whereof with the gouernment of the Realme was shortly after transferred to the commaund of the Lord Montioy afterwards Earl of Deuonshire who with singular wisedom valour and industry did prosecute finish the Warre did consist of such good men of warre and of such numbers being wel-ny 20000. by the Pol and was so royally supplied and paid and continued in ful strength so long a time as that it brake and absolutely subdued all the Lordes and Chiefetaines of the Irishry and degenerate or rebellious English Whereupon the multitude who euer loued to bee followers of such as could master and defend them admyring the power of the Crownc of England being brai'd as it were in a Morter with the Sword Famine Pestilence altogither submitted themselues to the English gouernment receiued the Lawes and Magistrates and most gladly embraced the Kings pardon and peace in all parts of the Realme with demonstration of ioy and comfort which made indeede an entire perfect and finall Conquest of Ireland And thogh vpon the finishing of the warre this great armie was reduced to lesse numbers yet hath his Maiestie in his wisedome thought it fit stil to maintaine such competent forces heere as the Law may make her progresse Circuit about the Realme vnder the protection of the sword as Virgo the figure of Iustice is by Leo in the Zodiack vntill the people haue perfectly learned the Lesson of Obedience the Conquest bee established in the hearts of all men THus farre haue I endeuoured to make it manifest that from the first aduenture and attempt of the English to subdue and conquer Ireland vntill the last warre with Tyrone which as it was royally vndertaken so it was really prosecuted to the end there hath bin foure maine defects in the carriage of the martiall affayres heere First the armies for the most part were too weake for a Conquest Secondly when they were of a competent strength as in both the iournies of Richard the second they were too soone broken vp and dissolued Thirdly they were ill paide And fourthly they were ill Gouerned which is alwayes a consequent of ill payment BVt why was not this great worke perfourmed before the latter end of Queene Elizabeths raigne considering that many of the Kings her Progenitors were as great Captaines as any in the world and had else-where larger Dominions and Territories First who can tell whither the Diuine Wisedom to abate the glory of those Kings did not reserue this Worke to be done by a Queen that it might rather appeare to be his owne imediate worke And yet for her greater Honor made it the last of her great actions as it were to Crowne al the rest And to the end â—hat a secure peace might settle the Conquest and make it firme and perpetuall to posteritie caused it to bee made in that fulnesse of time when England and Scotland became to be vnited vnder one imperiall Crowne and when the Monarchy of Great Britainy was in league amity with all the worlde Besides the Conquest at this time doth perhaps fulfill that prophesie wherin the four great Prophets of Ireland do concur as it is recorded by Giraldus CambreÌ„sis to this effect That after the first inuasion of the English they shold spend many ages in crebris conflictibus longoque certanime multis coedibus And that Omnes fere Anglici ab Hibernia turbabuntur nihilominus orientalia maritima semper obtinebunt Sed vix paulo anté diem Iuditij plenam Anglorum populo victoriam compromittunt Insula Hibernica de mari vsque ad mare de toto subacta incastellata If S. Patrick and thâ—… did not vtter this prophesy certainly Giraldus is a Prophet who hath reported it To this we may adde the prophesy of Merlin spoken of also by Giraldus Sextus moenia Hiberniae subuertet regiones in Regnum redigentur Which is performed in the time of King Iames the sixt in that all the paces are cleared and places of fastnesse laid open which are the proper Wals Castles of the Irish as they were of the British in the time of Agricola and withal the Irish Countries beeing reduced into Counties make but one entire and vndeuided kingdome But to leaue these high obscure causes the plaine and manifest trueth is that the Kings of England in al ages had bin powerfull enough to make an absolute conquest of Ireland if their whole power had been employed in that enterprize but still there arose sundry occasions which diuided and diâ—…ted their power som other way Let vs therefore take a briefe view of the seuerall impediments which arose in euery Kinges time since the first ouerture of the Conquest whereby they were so employed and busied as they could not intend the finall Conquest of Ireland KIng Henrie the second was no sooner returned out of Ireland but all his foure Sonnes conspired with his enemies rose in Arrnes and moued warre against him both in France and in England This vnnaturall treason of his sons did the King expresse in an Embleme painted in his Chamber at winchester wherein was an Eagle with three Eglets tyring on her brest the fourth pecking at one of her eyes And the troth is these vngracious practises of his sonnes did impeach his iourney to the Holy-Land which he had once vowed vexed him all the dayes of his life and brought his gray haires with sorrow to the graue Besides this king hauing giuen the Lordship of Ireland to Iohn his youngest sonne his ingratitude afterwards made the king carelesse to settle him in the quiet and absolute possession of that kingdome RIchard the first which succeeded Henrie the second in the kingdom of England had lesse reason to bend his power towardes the Conquest of this Land which was giuen in perpetuity to the Lord Iohn his brother And therefore went hee in person to the holy warre by which iourney his captiuity in Austria and the heauy ransome that he paid for his libertie hee was hindred and vtterly disabled to pursue any so great an action as the Conquest of Ireland And after his deliuery and returne hardly was he able to maintaine a frontier warre in Normandy where by hard fortune he lost his life KIng Iohn his Brother had greatest reason to prosecute the Warre of Ireland because the Lordship thereof was the portion of his inheritance giuen vnto him when hee was called Iohn Sans-Terre Therefore hee made two iournies thither one when he was Earle of Morton and very yong about twelue
many years together yet the sundry rebellions ioyned with forraign inuasions vpon this Island whereby it was in danger to be vtterly lost to bee possessed by the enemies of the Crowne of England did quicken her Maiesties care for the preseruation thereof and to that end from time to time during her raigne she sent ouer such supplies of men and treasure as did suppresse the Rebels and repell the inuaders Howbeit before the transmitting of the last great army the forces sent ouer by Queene Elizabeth were not of sufficient power to break and subdue all the Irishry and to reduce and reforme the whole Kingdome but when the generall defection came which came not without a special prouidence for the final good of that kingdome though the second causes thereof were the faint prosecution of the Warre against Tyrone the practises of Priests and Iesuites the expectation of the ayds froÌ„ Spaine Then the extreame perill of loosing the Kingdome the dishonor danger that might thereby growe to the Crowne of England together with a iust disdaine conceiued by that great-minded Queene that so wicked and vngratefull a Rebell should preuayle against Her who had euer been victorious against all her enemies did moue and almost enforce her to send ouer that mighty army and did withall enflame the hearts of the Subiects of England chearefully to contribute to wardes the maintaining thereof a Million of sterling poundes at least which was done with a purpose only to Saue and not to Gaine a kingdom To keep and retaine that Soueraignetie which the Crowne of England had in Ireland such as it was and not to recouer a more absolute Dominion But as it falleth out many times that when a house is on fire the Owner to saue it from burning pulleth it downe to the ground but that pulling downe doeth giue occasion of building it vp againe in a better forme So these last warres which to saue the Kingdome did vtterly breake distroy this people produced a better effect then was at first expected For euery Rebellion when it is supprest dooth make the subiect weaker and the Prince stronger So this general reuolt when it was ouercom did produce a generall Obedience Reformation of al the Irishrie which euer before had beene disobedient vnreformed thereupon ensued the finall and full conquest of Ireland And thus much may suffice to bee spoken touching the defectes in the martiall affayres and the weake faint prosecution of the warre and of the seuerall Impediments or imployments which did hinder or diuert euery King of England successiuely from reducing Ireland to their absolute subiection IT now remaineth that wee shew the defects of the Ciuil Pollicy Gouernment which gaueno lesse impediment to the perfection of this Conquest THe first of that kinde doeth consist in this That the Crown of England did not from the beginning giue Lawes to the Irishry whereas to giue Lawes to a conquered people is the principall marke and effect of a perfect Conquest For albeit King Henrie the second before his returne out of Ireland held a Counsell or Parliament at Lissemore Vbi Leges Angliae ab omnibus sunt gratanter receptae Iuratoria Cautione Prastita confirmatae as Marth Paris writeth And though King Iohn in the 12. yeare of his raigne did establish the English Lawes and Customes heere and placed Sheriffes and other Ministers to rule and gouerne the people according to the Law of England and to that end Ipse duxit secum viros discretos legis peritos quorum communi consilio statuit praecepit leges Anglicanas teneri in Hibernia c. as wee finde it recorded among the Patent Rolles in the Tower 11. Hen. 3. m. 3. Though likewise King Henrie the third did graunt transmit the like Charter of liberties to his subiects of Ireland as himselfe and his Father had graunted to the Subiects of England as appeareth by another Recorde in the Tower 1. Hen 3. Pat. m. 13. And afterwards by a speciall Writ did commaund the Lord Iustice of Ireland Quod conuocatis Archiepiscopis Episcopis Comitibus Baronibus c. Coram eis legi faceret Chartam Regis Iohannis quam ipse fecit iurari à Magnatibus Hiberniae de legibus Constitutionibus Angliae obseruandis quod leges illas tencant obseruent 12. Hen. 3. Claus. m. 8. And after that againe the same King by Letters Patents vnder the great seale of England did confrime the establishment of the English Lawes made by King Iohn in this forme Quia pro Communi vtilitate terrae Hiberniae ac vnitate terrarum de Communi Consilio prouisum sit quod omnes leges consuetudines quae in regno Angliae tenentur in Hiberniâ teneantur eadem terra eiusdem legibus subiaceat ac per easdem regatur sicut Iâ—hanes Rex cumiliuc esset Statuit firmiter mandauit ideo volumus quod omnia breuia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub nouo sigillo nostro c. Teste meipso apud woodstocke c. Which confirmation is found among the PatentRolles in the Tower Anno 30. Hen. 3. Notwithstanding it is euident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry which were enfranchised by special Charters wer admitted to the benefit and protection of the Lawes of England and that the Irish generally were held and reputed Aliens or rather enemies to the Crowne of England insomuch as they were not only disabled to bring anie actions but they were so farre out of the protection of the Lawe as it was often adiudged no fellony to kill a meere Irish-man in the time of peace That the meere Irish were reputed Aliens appeareth by sundrie Records wherein Iudgement is demanded if they shall be answered in Actions brought by them and likewise by the Charters of Denization which in all Ages were purchased by them In the common plea-Rolles of 28. Edward the third which are yet perserued in Breminghams Tower this case is adiudged Simon Neal brought an action of trespasse against william Newlagh for breaking his Close in Claudalkin in the County of Dublin the Defendant doth plead that the plaintiffe is Hibernicus non de Quinque sanguinibus and demandeth iudgement if he shall be answered The Plaintiffe replieth Quod ipse est de quinque sanguinibus viz De les Oneiles de Vlton qui per Concessionem progenitoruÌ„ Domini Regis Libertatibus Anglicis gaudere debent vtuntur proliberis hominibus reputantur The Defendant reioyneth that the Plaintiffe is not of the Oneales of Vlster Nec de quinque sanguinibus And thereupon they are at yssue Which being found for the Plaintiffe he had Iudgement to recouer his dammages against the Defendant By this Record it apeareth that fiue principal blouds or Septs of the Irishry were
Irish nor the benefit and protection therof allowed vnto them though they earnestly desired and sought the same For as long as they were out of the protection of the Lawe so as euery English-man might oppresse spoyle and kill them without controulment howe was it possible they shoulde bee other then Out-Lawes Enemies to the Crown of England If the King woulde not admit them to the condition of Subiects how could they learn to acknoledge and obey him as their Soueraigne When they might not conuerse or Commerce with any Ciuill men nor enter into any Towne or Citty without perrill of their Liues whither should they flye but into the Woods and Mountaines and there liue in a wilde and barbarous maner If the English Magistrates would not rule them by the Law which doth punish Treason and Murder Thest with death but leaue them to be ruled by their owne Lords and Lawes why shoulde they not embrace their owne Brebon Lawe which punnisheth no offence but with a Fine or Ericke If the Irish bee not permitted to purchase estates of Free-holds or Inheritance which might discend to their Children according to the course of our Common Lawe must they not continue their custome of Tanistrie which makes all their possessions vncertaine and brings Confusion Barbarisme and Inciuility In a word if the English woulde neither in peace Gouerne them by the Law nor could in War root them out by the sword must they not needes bee prickes in their eyes and thornes in their sides till the worlds end and so the Conquest neuer bee brought to perfection BVton the other side If from the beginning the Lawes of England had beene established and the Brehon or Irish Law vtterly abolished aswell in the Irish Countries as the English Colonies If there had been no difference made betweene the Nations in point of Iustice and protection but al had beene gouerned by one Equall Iust and Honourable Lawe as Dido speaketh in Virgill Tros Tyriusuè mihi nullo discrimine habetur If vpon the first submission made by the Irish Lordes to King Henry the second Quem in Regem Dominum receperunt saith Matth. Paris or vpon the second submission made to King Iohn when Plusquam viginti Reguli maximo timore perterriti homagium ei fidelitatem fecerunt as the same Author writeth or vppon the third general submission made to King Richard the second when they did not only do homage fealty but bound themselues by Indentures and Oaths as is before expressed to becom and continue loyall subiects to the crown of England If any of these three Kings who came each of them twice in person into this kingdome had vppon these submissions of the Irishry receiued them all both Lords Tenants into their mediate protection deuided their seuerall Countries into Counties made Sheriffes Coroners and Wardens of the peace therein sent Iustices Itinerants halfe yearely into euerie part of the Kingdome aswell to punish Malefactors as to heare and determine causes betweene party and party according to the course of the Lawes of England taken surrenders of their Lands and territories graunted estates vnto them to holde by English Tenures graunted them Markets Fayres and other Franchises and erected Corporate Townes among them all which hath bin performed since his Maiesty came to the Crowne assuredly the Irish Countries had long since beene reformed and reduced to Peace Plenty and Ciuility which are the effects of Lawes and good Gouernment they hadde builded Houses planted Orchards Gardens erected Towne-shippes and made prouision for their posterities there had beene a perfect Vnion betwixt the Nations and consequently a perfect Conquest of Ireland For the Conquest is neuer perfect till the war be at an end and the war is not at an end till there be peace and vnity and there can neuer be vnity Concord in any one Kingdom but where there is but one King one Allegiance and one Law TRue it is that King Iohn made xii shires in Leinster Mounster namely Dublin Kildare Meth Vriel Catherlogh Kilkenny VVexford waterford Corke Limeric Kerrie and Tipperary Yet these Counties did stretch no farther then the Landes of the English Colonies did extend In them only were the English Lawes published and put in Execution and in them only did the Itinerant Iudges make their circuits and yisitations of Iustice and not in the countries possessed by the Irishry which contained two third partes of the Kingdome at least And thâ—…â—…re King Edward the first before the court of Parliament was established in Ireland did transmit the Statures of England in this forme Dominus Rex mandauit Breue suum in haec verba Edwardus Dei gratia Rex Angliae Dominus Hiberniae c. Cancellario suo Hiberniae Salutem Quaedam statutaper nos de assensil Praelatorum ComituÌ„ BaronuÌ„ Communitat regni nostri nuper apud Lincolne quaedam alia statuta postmodum apud Eborum facta quae in dicta terrae nostra Hiberniae ad Communem vtilitateÌ„ populi nostri eiusdem terrae obseruari volumus vobis mittimus sub sigillo nostro mandantes quod statuta illa in dict a Cancellaria nostra Custodiri ac in rotulis eiusdem Cancellariae irrotulari adsingulas place as nostras in terra nostra Hiberniae sing ulos Commitatus eiusdem terrae mittifaciatis ministris nostris placearum illa rum et Vicecomitibus dictorum ComitatuuÌ„ mandantes quod statuta illa coram ipsis publicari ea in omnibus et singulis Articulis suis obseruari firmiter faciatis Teste meipso apud Nottingham c By which Writt and by all the Pipe-Rolles of that time it is manifest that the Lawes of England were published and put in execution onely in the Counties which were then made and limited not in the Irish Countries which were neglected and left wilde and haue but of late yeares bin deuided in one and twenty Counties more Againe true it is that by the Statute of Kilkenny enacted in this kingdome in the fortith yeare of King Edward the thirde the Brehon Law was condemned and abolished and the vse and practise thereof made High-Treason But this Lawe extended to the English onely and not to the Irish For the Lawe is penned in this forme Item Forasmuch as the diuersitie of Gouernment by diuers Lawes in one Land doth make diuersity of ligeance and dehates between the people It is accorded and established that heereafter no Englishman haue debate with another Englishman but according to the course of the Common Law And that no Englishman be ruled in the definition of their debates by the March-Law or the Brehon Law which by reason ought not to bee named a Law but an euill Custome but that they be ruled as right is by the common Lawe of the land as the Lieges of our Soueraigne LORD the King And if any do to the contrary thereof be attainted that he be taken and
according to the examples before recited they had reduced as well the Irish Countries as the English Colonies vnder one forme of ciuil gouernment as now they are the Meres Bounds of the Marches and Borders had beene long since worne out and forgotten for it is not fit as Cambrensis writeth that a King of an Islande should haue any Marches or Borders but the foure Seas both Nations had beene in corporated and vnited Ireland had beene entirely Conquered Planted and Improoued and returned a rich Reuennew to the Crowne of England THE next error in the Ciuill pollicy which hindered the perfection of the Conquest of Ireland did consist in the Distribution of the Landes and possessions which were woonne and conquered from the Irish. For the Scopes of Land which were graunted to the first Aduenturers were too Large and the Liberties and Royalties which they obtained therein were too great for Subiects though it stood with reason that they should be rewarded liberally out of the fruites of their owne Labours since they did Militare proprijs stipendijs and receiued no pay from the Crowne of England Notwithstanding there ensued diuers inconuiences that gaue great impediment to the Conquest FIrst the Earle Strongbow was entituled to the whole Kingdom of Leinster partly by Inuasion and partly by Marriage albeit hee surrendred the same entirely to King Henrie the second his Soueraigne for that with his license hee came ouer and with the Ayde of his Subiects hee had gayned that great inheritance yet did the K. re-grant backe againe to him and his heyres all that Prouince reseruing onely the Citty of Dublin the Cantreds next adioyning with the Maritime Townes and principall Forts Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdome of Corke from Lismore to the Sea To Phillip le Bruce he gaue the whole Kingdome of Limericke with the Donation and Byshopprickes and Abbeyes except the Citie and one Cantred of Land adioyning To Sir Hugh de Lacy all Meth. To Sir Iohn De Courcy all Vlster to william Burke Fitz-Adelm the greatest part of Conaght In like manner Sir Thomas de Clare obtained a graunt of all Thomond and Otho de Grandison of all Tipperary and Robert le Poer of the territory of VVaterford the Citty it selfe and the Cantred of the Oastmen only excepted And thus was all Ireland Cantonized among tenne persons of the English Nation And thogh 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 bee graunted to the Natiues And therefore we do not find in any Record or storie for the space of three hundred yeares after these Aduenturers first ariued in Ireland that any Irish Lorde obtained a grant of his Country from the Crowne but onely the King of Thomond who had a grant but during King Henry the third his Minority and Rotherick O Connor King of Conaght to whom King Henrie the second before this distribution made did graunt as is before declared Vt sit Rex sub eo moreouer Vt teneat terram suam Conactiae it a bene inpace sicut tenuit antequam Dominus Rex intravet Hiberniam And whose successour in the 24. of Henrie the third when the Bourkes had made a strong plantation there had welny expelled him out of his territory he came ouer into England as Matth. Paris writeth and made complaint to King Henrie the third of this inuasion made by the Bourkes vppon his Land insisting vppon the gâ—auntes of King Henrie the second and King Iohn and affirming that he had duely paide an yearely tribute of fiue thousand marks for his Kingdome Whereupon the King called vnto him the Lord Maurice Fitz-Girald who was then Lorde Iustice of Ireland and President in the Court and commanded him that he should roote out that vniust plantation which Hubert Earle of Kent had in the time of his greatnesse planted in those parts and wrote withall to the greatmen of Ireland to remooue the Bourkes and to establish the King of Conaght in the quiet possession of his Kingdome Howbeit I doe not read that the King of Englands commandement or direction in this behalfe was euer put in execution For the troth is Richard de Burgo had obtained a graunt of all Conaght after the death of the King of Conaght then liuing For which he gaue a thousand pounde as the Record in the Tower reciteth the third of Henry 3. claus 2. And besides our great English Lords coulde not endure that any Kings should raigne in Ireland but themselues nay they could hardly endure that the Crown of England it selfe should haue any Iurisdiction or power ouer them For many of these Lordes to whome our Kings had granted these petty kingdomes did by Vertue and colour of these Grants claime and exercise Iura Regalia within their Territories insomuch as there were no lesse theÌ„ eight Counties Palatines in Ireland at one time For VVilliam Marshall Earle of Pembroke who married the daughter and heyre of Strongbow being Lord of all Leynster had Royall Iurisdiction thoroughout al that Prouince This great Lord had fiue sonnes and fiue daughters euery of his sonnes enioyed that Seigniory successiuely and yet al died without Issue Then this great Lordship was broken and diuided pertition made betweene the fiue daughters who were married into the Noblest Houses of England The Countie of Catherlogh was allotted to the eldest VVexford to the second Kilkenny to the third Kildare to the fourth the greatest part of Leix nowe called the Queenes County to the fift In euery of these portions the Coparceners seuerally exercised the same Iurisdiction Royall which the Earle Marshall and his Sonnes had vsed in the whole Prouince Whereby it came to passe that there were fiue County Palatines erected in Leinster Then had the Lord of Meth the same Royall libertie in all that Territory the Earle of Vlster in all that Prouince and the Lorde of Desmond and Kerry within that County All these appeare vppon Record and were all as ancient as the time of King Iohn onely the liberty of Tipperarie which is the onely Liberty that remaineth at this day was granted to Iames Butler the first Earle of Ormond in the third yeare of King Edward the third These absolute Palatines made Barons Knights did exercise high Iustice in all points within their Territories erected Courts for Criminall and ciuill Causes and for their owne Reuennews in the same forme as the Kings Courts wer established at Dub lin made their own Iudges Seneshals Sheriffes Corroners and Escheators so as the Kinges Writt did not run in those Counties which took vp more then two partes of the English Colonies but onely in the Church Lands lying within the same which were
liues deliuered to Shepheards to be nourished and bred vp when they haue bin restored to their great fortunes haue still retained their loue and affection to their Fosterers whom for manie yeares they tooke to be their Parents yet this was a rare case and few examples are to be found thereof But such a generall Custome in a Kingdome in giuing and taking children to Foster making such a firme Alliance as it doth in Ireland was neuer seene or heard of in any other Countrey of the world besides THE like may be said of Gossipred or or Compaternitie which though by the Canon Law it be a spirituall affinity and a Iuror that was Gossip to either of the parties might in former times haue bin challenged as not indifferent by our Law yet there was no nation vnder the Sun that euer made so Religious accompt thereof as the Irish. Now these two Customs which of themselues are indifferent in other Kingdomes became exceeding euill and full of mischiefe in this Realm by reason of the inconueniences which followed thereupon For they made as I saide before strong parties and factions wherby the great men were enabled to oppresse their Inferiours and to oppose their Equals and their followers were borne out and countenanced in all their lewde and wicked actions For Fosterers Gossips by the common Custome of Ireland were to maintaine one another in all causes lawful and vnlawfull which as it is a Combination and Confederacy punishable in all well-gouerned Common-weales so was it not one of the least causes of the common misery of this Kingdome I omit their common repudiation of their Wiues their promiscuous generation of Children their neglect of lawfull Matrimony their vncleannesse in Apparrell Diet Lodging and their contempt and scorne of all thinges necessary for the Ciuill life of man These were the Irish Customes which the English Colonies did embrace and vse after they had reiected the Ciuill and Honorable Lawes and Customes of England whereby they became degenerate and metamorphosed like Nabuchadnezzar who although he had the face of a man had the heart of a Beast or like those who had drunke of Circes Cuppe and were turned into very Beasts and yet tooke such pleasure in their beastly manner of life as they would not returne to their shape of men againe Insomuch as within lesse time then the Age of a man they had no markes or differences left amongst them of that Noble nation from which they were discended For as they did not only forget the English Language scorne the vse thereof but grew to bee ashamed of their very English Names though they were Noble and of great Antiquity and tooke Irish Surnames and Nicke-names Namely the two most potent families of the Bourks in Conaght after the house of the Red Earle failed of Heyres-males called their Cheefes Mac william Eighter and Mac william Oughter In the same Prouince Bremingham Baron of Athenrie called himselfe Mac Yoris Dexecester or De'exon was cald Mac Iordan Mangle or de Angulo took the name of Mac Costelo Of the Inferior families of the Bourkes one was called Mac Hubbard another Mac Dauid In Munster of the great Families of the Geraldines planted there One was called Mac Morice chiefe of the house of Lixnaw and another Mac Gibbon who was also called the white Knight The chiefe of the Baron of Dunhoynes house who is a branch of the house of Ormond tooke the Surnames of Mac Pheris Condon of the Countie of waterford was called Mac Maioge and the Arch-Deacon of the County of Kilkenny Mac Odo And this they did in contempt and hatred of the English Name and Nation of these degenerate families became more mortal enemies then the meere Irish. And whereas the state and Gouernment beeing growne weake by their defection did to reduce them to Obedience grant them many protections and Pardons The cheapenesse whereof in all ages hath brought great dishonor and damage to this Commonweal they grew so vngratefull and vnnatural as in the end they scorned that grace fauour because the acceptance thereof did argue them to be subiects and they desired rather to bee accounted Enemies then Rebels to the Crowne of England Heereupon was that olde Verse made which I finde Written in the White Booke of the Exchequer in a hand as auncient as the time of King Edward the third By graunting Charters of peas To false English withouten les This Land shall be mich vndoo But Gossipred and alterage And leesing of our Language Haue mickely holp theretoo And therefore in a close Roll in the Tower bearing this Title Articuli in Hibernia obseruandi we finde these two Articles among others 1. Iusticiarius Hiberniae non concedat perdonationes de morte hominis nec de Roberijs seu incendijs quod de caetero certificet dominum regem de nominibus petentium 2. Item Quod nec Iusticiarius nec aliquis Magnas Hiberniae concedat protectiones alicui contra pacem Regis existent c. But now it is fit to looke backe and consider when the old English Colonies became so degenerate and in what Age they fell away into that Irish barbarisme reiecting the English lawes and Customes Assuredly by comparing the ancient Annalles of lrelaud with the Records remaining heere in the Tower of London I do find that this generall defection fell out in the latter end of the raign of king Edward the second and in the beginning of the raigne of King Edward the thirde And all this great innovation grewe within the space of thirty years within the compasse of which time there fell out diuers mischieuous accidents whereby the whole kingdome was in a maner lost For first Edward de Bruce inuaded Ireland with the Scottish Army and preuailed so farre as that he possessed the Maritime parts of vlster marched vp to the walles of Dublin spoiled the English Pale passed thorough Leinster and Munster as farre as Limericke and was Maister of the field in euery part of the kingdom This hapned in the tenth yeare of King Edward the second at what time the Crowne of England was weaker suffred more dishonor in both kingdomes then it did at any time since the Norman Conquest Then did the State of England send ouer Iohn de Hotham to be Treasurer heere with commission to call the great Lords of Ireland to gether and to take of them an Oath of Assoacition that they should loyally ioyne together in life death to preserue the right of the King of England and to expell the commonenemy But this Treasurer brought neither men nor money to performe this seruice At that time though Richard Bourk Earle of Vlster commonly called the Redde-Earle were of greater power then any other subiect in Ireland yet was he so farre stricken in yeares as that hee was vnable to mannage the martiall affaires as he had done during all the raigne of King Edward the
first hauing bin Generall of the Irish forces not only in this kingdom but in the Wars of Scotland wales and Gascoigne And therefore Maurice Fitz-Thomas of Desmond beeing then the most actiue Nobleman in this realm tooke vpon him the chiefe command in this Warre for the support whereof the Reuennue of this Lande was farre too short and yet no supply of Treasure was sent out of England Then was there no mean to maintain the Army but by Sessing the soldiers vppon the Subiect as the Irish were wont to impose their Bonaught Whereupon grewe that wicked Extortion of Coigne and Liuerie spoken of before which in short time banished the greatest part of the Free-holders out of the County of Kerrie Limerick Corke and waterford Into whose possessions Desmond and his Kinsmen Alies and Followers which were then more Irish then English did enter and appropriate these Lands vnto themselues Desmond himselfe taking what scopes hee best liked for his demesnes in euery Countrey and reseruing an Irish Seigniory out of the rest And heere that I may verifie maintaine by matter of Record that which is before deliuered touching the Nature of this wicked Extortion called Coigne and Liuery and the manifolde mischiefes it did produce I thinke it fit and pertinent to insert the preamble of the Statute of the 10. of Henry 7. c. 4. not printed but recorded in Parlament Rols of Dublin in these words At the request supplication of the Commons of this Land of Ireland that where of long time there hath bin vsed and exacted by the Lords and Gentlemen of this Land many and diuers damnable customes vsages which bin called Coigne and Liuery and Pay that is Horsemeat and Mansmeat for the finding of their Horsemen and Footmen and ouer that 4. d. or 6. d. daily to euery of them to be had and paide of the poore Earth-Tillers and Tenants inhabitants of the saide Land without any thing doing or paying therefore Besides manie Murders Robberies Rapes other manifold extortions oppressions by the saide Horsemen and Footmen dayly and mightily committed done which bin the principall causes of the desolation destruction of the said Land hath brought the same into Ruine and Decay so as the most part of the English Free-holders and Tenants of this land bin departed out thereof some into the Realme of England and other some to other strange Landes whereupon the foresaide Lordes and Gentlemen of this Land haue intruded into the saide Free-holders and Tenants inheritances and the same keepeth and occupieth as their owne inheritances and setten under them in the same Land the Kings Irish Enemies to the diminishing of Holie Churches Rites the disherison of the King his obedient subiects and the vtter ruine and desolation of the Land For reformation whereof be it enacted That the King shall receiue a Subsidie of 26. s. 8. d. out of euerie 120. acres of arrable land manured c. But to return to Tho Fitz-Maurice of Desmond By this extortion of Coigne and Liuery he suddenly grewe from a meane to a mighty estate insomuch as the Baron Finglas in his discourse of the Decay of Ireland affirmeth that his ancient inheritance beeing not one thousand markes yearely he became able to dispend euery way ten thousand pounds per annum These possessions being thus vnlawfully gotten could not bee maintained by the iust and honorable law of England which would haue restored the true Owners to their Land againe And therefore this Greatman found no meanes to continue vphold his ill-purchased greatnesse but by reiecting the English Law Gouernment and assuming in lieu therof the barbarous customs of the Irish. And heereupon followed the defection of those foure shires containing the greatest part of Munster from the obedience of the Law In like manner saith Baron Finglas the Lord of Tipperary perceiuing how well the house of Desmond hadde thriued by Coigne and Liuerie and Other Irish exactions began to holde the like course in the Counties of Tipperary and Kilkenny whereby he got great scopes of Land specially in Ormond and raised many Irish exactions vpon the English Free-holders there which made him so potent absolut among thē as at that time they knew no other Lawe then the will of their Lord. Besides finding that the Earle of Desmond excluded the ordinary Ministers of Iustice vnder colour of a Royall Liberty which he claimed in the Counties of Kerry Corke and waterford by a graunt of King Edward the first as appeareth in a Quo warranto brought against him Anno 1. Edw. 1. the Record wherof remaineth in Breminghams Tower among the common Plea-Rolles there This Lord also in the third of Edward the thirde obtained a Graunt of the like Liberty in the County of Tipperary whereby he got the Lawe into his owne hands shut out the Common Law and Iustice of the Realme And thus we see that all Munster fell away from the English Lawe and Gouernment in the end of King Edward 2. his raigne and in the beginning of the raigne of King Edward the third Againe about the same time viz in the 20. yeare of King Edward the second when the State of England was well-ny ruined by the Rebellion of the Barons and the Gouernment of Ireland vtterly neglected there arose in Leinster one of the Cauanaghes named Donald Mac Art who named himselfe Mac Murrogh King of Leinster and possessed himselfe of the Countie of Catherlogh and of the greatest part of the County of wexford And shortly after Lisagh O Moore called himselfe O Moore tooke 8. Castles in one Euening destroyed Dunamase the principall house of the L. Mortimer in Leix recouered that whole Countrey De seruo Dominus de subiecto princeps effectus saith Friar Clynne in his Annalles Besides the Earle of Kildare imitating his Cosin of Desmond did not omit to make the like vse of Coigne Liuery in Kildare and the West part of Meth which brought the like Barbarisme into those parts And thus a great part of Leinster was lost and fell away from the Obedience of the Crowne neere about the time before expressed Againe in the seauenth yeare of King Edward the third the Lord VVilliam Bourke Earle of Vlster and Lorde of Conaght was treacherously murdered by his owne Squires at Knockefergus leauing behinde him Vnicam vnius annifiliam saith Friar Clynne Immediately vpon the murder committed the Countesse with her yong daughter fledde into England so as the Gouernment of that Countrey was wholly neglected vntil that young Ladie beeing married to Lionell Duke of Clarence that Prince cam ouer with an Army to recouer his wiues inheritance and to reforme this Kingdom Anno 36. of Edward the third But in the meane time what became of that great inheritance both in Vlster Conaght Assuredly in Vlster the Sept of Hugh Boy O Neal then possessing Glaucoukeyn and Killeightra in Tyrone tooke the
opportunity and passing ouer the Banne did first expell the English out of the Barony of Tuscard which is nowe called the Rout and likewise out of the Glynnes and other Lands vp as farre as Knockfergus which Countrey or extent of Lande is at this day called the lower Clan Hugh-Boy And shortly after that they came vp into the great Ardes which the Latine writers call Altitudines Vltoniae and was then the inheritaunce of the Sauages by whom they were valiantly resisted for diuers yeares but at last for want of Castles and fortifications for the saying of Henrie Sauage mentioned in euery Story is very memorable That a Castle of Bones was better then a Castle of Stones the English were ouer-run by the multitude of the Irishry So as about the thirtith of K. Edw. 3. some few yeares before the arriuall of the Duke of Clarence the Sauages were vtterly driuen out of the Great Ardes into a little nooke of land neer the Riuer of Strangford where they now possesse a little Territory called the little Ards and their greater patrimony tooke the name of the vpper Clan Hugh-Boy from the Sept of Hugh-Boy O Neale who became Inuaders thereof FOr Conaght some yonger branches of the Family of the Bourkes being planted there by the Red-Earle his Ancestors seeing their Chiefe to bee cut off and dead without Heire-male and no man left to gouern or protect that Prouince intruded presently into all the Earles Lands which ought to haue bin seized into the kings handes by reason of the minoritie of the heire And within a short space two of the most potent among them diuided that great Seigniory betwixt thē the one taking the name of Mac william Oughter and the other of Mac william Fighter as if the Lord william Bourk the last Earle of Vlster had lefte two sonnes of one name behinde him to inherit that Lordship in course of Gauelkinde But they well knewe that they were but Intruders vppon the Kings possession during the minority of the heire they knew those lands were the rightfull inheritance of that young Lady and consequently that the Law of England woulde speedily euict them out of their possession therefore they held it the best policy to cast off the yoake of English Law and to become meere Irish and according to their example drew al the rest of the English in that Prouince to do the like so as from thenceforth they suffered their possessions to run in course of Tanistry and Gauel-kinde They changed their names language and apparrell and all their ciuil manners and Customes of liuing Lastly about the 25. yeare of King Edward the third Sir Richard de Clarè was slaine in Thomond and al the English Colonies there vtterly supplanted Thus in that space of time which was betweene the tenth yeare of king Edward the second and the 30. yeare of King Edward the third I speak within compasse by the concurrence of the mischieses before recited all the old English Colonies in Munster Conaght and Vlster more then a third part of Leinster became degenerat fell away from the Crowne of England so as onely the foure Shyres of the English Pale remained vnder the Obedience of the Lawe and yet the Borders and Marches thereof were growne vnruly and out of order too being subiect to Blacke-Rents and Tribute of the Irish which was a greater defection then when tenne of twelue Tribes departed and fell away from the Kings of Iuda But was not the State of England sensible of this losse and dishonour Did they not endeuor to recouer the Land that was lost and to reduce the subiects to their Obedience Truely King Edward the second by the incursions of the Scottish Nation and by the insurrection of his Barons who raised his wife and his Sonne against him and in the end deposed him was diuerted and vtterly disabled to reforme the disorders of Ireland But assoone as the crown of England was transferred to K. Edw. 3. though hee were yet in his minority the State there beganne to looke into the desperate estate of thinges heere And finding such a general defection Letters were sent from the King to the great men and Prelates requiring them particularly to swear fealty to the Crowne of England Shortly after Sir Anthony Lucie a person of great authority in England in those daies was sent ouer to work a reformation in this Kingdome by a seuere course and to that ende the King wrote expresly to the Earle of Vlster and others of the Nobilitie to assist him as is before remembered presently vpon his arriual he arrested Maurice Fitz-Thomas Earle of Desmond and Sir william Bremingham and committed them prisoners to the Castle of Dublin where Sir william Bremingham was executed for treason though the Earle of Desmond were left to Mainprize vpon condition hee should appeare before the King by a certain day and in the meane time to continue loyall AFter this the King being aduertised that the ouer-large Graunts of Lands and Liberties made to the Lords of English Bloude in Ireland made them so insolent as they scorned to obey the Law and the Magistrate did absolutely resume all such Crants as is before declared But the Earle of Desmond aboue al men found himselfe grieued with this resumption or Repeale of Liberties and declared his dislike discontentment insomuch as he did not only refuse to come to a Parliament at Dublin summoned by Sir william Morris Deputie to the L. Iohn Darcy the kings Lieutenant But as we haue said before he raised such dissention betweene the English of bloud and the English of birth as the like was neuer seen from the time of the first planting of our Nation in Ireland And in this factious and seditious humour hee drewe the Earle of Kildare and the rest of the nobility with the Cittizens and Burgesses of the principall Townes to hold a seuerall Parliament by themselues at Kilkenny where they framed certaine Articles against the Deputy transmitted the same into England to the King Heereupon Sir Raphe Vfford who had lately before married the Countesse of Vlster a man of courage and seuerity was made Lord Iustice who forth with calling a Parliament sent a speciall commandement to the Earle of Desmond to appeare in that great Councel but the Earle wilfully refused to come Whereupon the Lord Iustice raised the Kings Standard and marching with an Army into Munster seized into the Kings handes all the possessions of the Earle took and executed his principall followers Sir Eustace le Poer Sir william Graunt Sir Iohn Cotterell enforced the Earle himselfe to flye and lurke till 26. Noblemen and Knights became Mainpernors for his appearance at a certaine day prefixed But he making default the second time the vttermost aduantage was taken against his sureties Besides at the same time this Lord Iustice caused the Earle
diem with an encrease of the number of his Archers viz 360 Archers on horsebacke out of Lancashire at vjd a peece per diem and 23. Archers out of Wales at ij d. a peece per diem The earle of Staffords entertainment was for himselfe vi s. viij d. per diem for a Banneret iiij s. per diem for xvij Knights ij s. a peece per diem for 78. esquires xij d. a peece per diem for 100 Archers on horsebacke vj d. a peece per diem Besides he had the command of 24. Archers out of Staffordshire 40. Archers out of worcestershire six Archers out of Shropshire at iiij d. a peece per diem The entertainment of Iames earle of Ormond was for himselfe iiij s. per diem for two Knights ij s. a peece per diem for 27 esquires xij d. a piece per diem for 20 Hoblers armed the Irish Horsemen were so called because they serued on Hobbies vj d. a peece per diem and for 20. Hoblers not armed iiij d. a peece per diem The entertainment of Sir Iohn Carew Banneret was for himselfe iiij s. perdiem for one Knight ij s. per diem for eight squires xij d. a peece per diem for ten Archers on horsebacke vj d. a peece per diem The entertainement of Sir william winsore was for himselfe ij s. per diem for two Knights ij s. a peece per diem for 49. Squiers xij d. a peece per diem for six Archers on horseback vj d. a piece per diem The like entertainment rateably were allowed to diuers Knightes and Gentlemen vpon that List for themselues and their seuerall retinewes whereof some were greater and some lesse as they themselues coulde raise them among their tenants and Followers FOr in ancient times the King himselfe did not leuy his armies by his owne immediate authority or Commission but the Lords and Captaines did by Indenture Couenant with the King to serue him in his Wars with certaine numbers of men for certain wages entertainments which they raised in greater or lesse numbers as they had fauour or power with the people This course hath been changed in later times vpon good reason of State For the Barons and Chiefe Gentlemen of the realme hauing power to vse the Kings prerogatiue in that point became too popular whereby they were enabled to raise forces euen against the Crown it self which since the Statutes made for leuying and mustering of souldiers by the Kings speciall Commission they cannot so easily performe if they should forget their duties THis Lord Lieutenant with this small Army perfourmed no great seruice yet vpon his comming ouer all men who had Land in Ireland were by Proclamation re maunded backe out of England thither and both the Cleargy and Laity of this land gaue two yeares profits of all their Landes and Tithes towards the maintenance of the war heere only he suppressed some Rebels in Low Leinster and recouered the Maritime parts of his erldome of Vlster But his best seruice did consist in the well-gouerning of his army and in holding that famous Parliament at Kilkenny wherein the extortion of the souldier and the degenerat maners of the English briefly spoken of before were discouered and Lawes made to reforme the same which shall bee declared more at large heereafter THe next Lieutenant transmitted with any forces out of England was Sir VVilliam winsore who in the 47 yeare of King Edward the third vndertooke the Custodie not the Conquest of this Land for now the English made rather a Defensiue then an inuasiue war and withal to defray the whol charge of the kingdome for eleauen thousand two hundred thirteene pounds six shillings and eight pence as appeareth by the Indenture betweene him and the King remaining of Record in the Tower of London But it appeareth by that which Froissard reporteth that Sir william winsore was so farre from subduing the Irish as that himselfe reported That he could neuer haue accesse to vnderstande and know their Countries albeit he had spent more time in the seruice of Ireland then any Englishman then liuing ANd heere I may well take occasion to shewe the vanity of that which is reported in the Story of walsingham touching the reuennue of the Crown in Ireland in the time of king Edward the third For he setting forth the State of things there in the time of King Richard the 2. Writeth thus Cum Rex Angliae illustris Edwardus tertius illic posuisset Bancum suum at◠Iudices cum Scaccario percepit inde ad Regalem Fiscum annuatim triginta millia librarum modò propter absentiam ligeorum hostium potentiam nihil inde venit sed Rex per annos singulos de suo Marsupio terrae defensoribus soluit Triginta millia marcarum ad regni sui dedecus et fisci grauissimum detrimentū If this Writer had knowne that the Kings Courts had beene established in Ireland more then a hundred yeares before King Edw. 3. was borne or had seene eyther the Parliament Rols in England or the Records of the Receits and yssues in Ireland he had not left this vaine report to posterity For both the Benches and the Exchequer were erected in the twelfth year of King Iohn And it is recorded in the Parliament Rols of 21 of Edward the third remaining in the Tower that the Commons of England made petition that it might be enquired why the King receiued no benefit of his land of Ireland considering he possessed more there then any of his Ancestors had before him Now if the King at that time when there were no Standing forces maintained there had receiued 30000. pound yearely at his Exchequer in Ireland he must needes haue made profit by that land considering that the whole charge of the kingdome in the 47. yeare of Edward the third when the King did pay an army there did amount to no more then eleuen thousand and two hundred pounds per annum as appeareth by the contract of Sir VVilliam winsore Besides it is manifest by the Pipe-Rolles of that time wherof many are yet preserued in Breminghams Tower and are of better credite then any Monkes story that during the raigne of King Edward the third the reuenew of the Crowne of Ireland both certaine and casuall did not rise vnto 10000. li. per annum though the Medium be taken of the best seauen years that are to bee found in that Kinges time The like Fable hath Hollingshead touching the reuennue of the Earledome of Vlster which saith hee in the time of king Richard the second was thirty thousand Markes by the yeare whereas in truth though the Lordships of Conaght and Meth which were then parcell of the inheritaunce of the Earle of Vlster be added to the accompt the reuennew of that earledome came not to the thirde part of that he writeth For the Accompt of the profits of Vlster
years of age the other when he was King in the 12. yeare of his raigne In the first his own youth and his youthfull company Roboams Câ—…sellours made him hazard the losse of al that his father had won But in the later he shewed a resolution to recouer the entire Kingdome in taking the submissions of al the Irishry and setling the estates of the English and giuing Order for the building of many Castles and Forts wherof some remaine vntill this day But hee came to the Crowne of England by a defeasible Title so as he was neuer well setled in the hearts of the people which drew him the sooner back out of Ireland into England where shortlie after he fell into such trouble and distresse The Clergy cursing him on the one side and the Barons rebelling against him on the other as hee became so farre vnable to returne to the Conquest of Ireland as besides the forfeiture of the territories in Fraunce hee did in a manner loose both the kingdomes For hee surrendred both to the Pope and tooke them backe againe to hold in Fee-farme which brought him into such hatered at home and such contempt abroad as all his life time after hee was possest rather with feare of loosing his head then with hope of reducing the kingdome of Ireland DVring the infancy of Henry the 3. the Barons were troubled in expelling the French whome they had drawne in against King Iohn But this Prince was no sooner come to his maiority but the Barons raised a long and cruell war against him Into these troubled waters the Bishops of Rome did cast their Nets and drew away all the wealth of the realm by their prouisions and infinite exactions whereby the kingdom was so impouerished as the King was scarse able to feed his owne housholde and traine much lesse to nourish armies for the conquest of forren kingdoms And albeit he had giuen this Land to the Lord Edward his eldest sonne yet could not that woorthy Prince euer finde meanes or opportunity to visit this kingdome in person For from the time he was able to beare armes he serued continually against the Barons by whom hee was taken prisoner at the battell of Lewes And when that rebellion was appeased he made a iourney to the Holy Land an employment which in those daies diuerted all Christian Princes from performing any great actions in Europe froÌ„ whence hee was returned when the Crowne of England descended vpon him THis King Edward the first who was a Prince adorned with all vertues did in the mannaging of his affayres shew himselfe a right good husband who being Owner of a Lordship ill husbanded doth first enclose mannure his demeasnes neere his principall house before he doth improue his wasts a sarre off Therefore he beganne first to establish the Common-wealth of England by making many excellent Lawes and instituting the forme of publique Iustice which remaineth to this day Next hee fullie subdued and reduced the Dominion of Wales then by his power and authoritie hee setled the kingdome of Scotland and lastly he sent a royall armie into Gascoigne to recouer the Dutchy of Aquitaâ—… These foure great actions did take vp all the raign of this Prince And therefore we find not in any Record that this King transmitted any forces into Ireland but on the other side wee finde it recorded both in the Annalles and in the Pipe-Rolles of this kingdom that three seuerall armies were raised of the Kings subiectes in Ireland and transported one into Scotland another into wales and the third into Gascoigne and that seuerall aydes were leuied heere for the setting forth of those armies THe sonne and successor of this excellent Prince was Edward the second who much against his will sent one smal armie into Ireland not with a purpose to finish the Conquest but to guarde the person of his Minion Piers Gaueston who being banished out of England was made Lieutenant of Ireland that so his exile might seem more honourable He was no sooner ariued heere but he made a iourny into the Mountaines of Dublin brake and subdued the Rebels there built New-Castle in the â—irnes Country and repaired Castle keuin after passed vp into Mounster and Thomond performing euerie where great seruice with much Vertue and valour But the King who could not liue without him reuokt him within lesse then a yeare After which time the inuasion of the Scots and rebellion of the Barons did not onely disable this King to bee a Conqueror but depriued him both of his kingdome and life And when the Scottish Nation had ouer-run all this land vnder the conduct of Edward le Bruce who stiled himselfe King of Ireland England was not then able to send either men or mony to saue this Kingdome Onely Roger de Mortimer then Iustice of Ireland arriued at Youghall cum 38. milite saith Friar Cliuu in his Annalles But Bremingham Verdon Stapleton some other priuat Gentlemen rose out with the Commons of Meth and Vriell and at Fagher neere Dondalke a fatall place to the enemies of the Crowne of England ouerthrew a potent army of them Et sic saith the red Booke of the Exchequer wherein the victory was briefely recorded per manus communis populi dextram dei deliberatur populus dei a seruitute machinata praecogitata IN the time of King Edward the third the impediments of the Conquest of Ireland are so notorious as I shal not neede to expresse them to wit the warre which the King had with the Realmes of Scotland and of Fraunce but especially the Warres of Fraunce which were almost continuall for the space of fortie yeares And indeede France was a fairer marke to shoot at then Ireland could better reward the Conqueror Besides it was an inheritance newly discended vpon the King and therfore he had great reason to bend all his power and spend all his time and treasure in the recouery thereof And this is the true cause why Edward the third sent no armie into Ireland till the 36. yeare of his raigne when the Lorde Lionell brought ouer a Regiment of 1500. men as is before expressed which that wise and warlicke Prince did not transmit as a competent power to make a full conquest but as an honorable retinue for his sonne and withall to enable him to recouer some part of his Earledome of Vlster which was then ouer-run with the Irish. But on the other part though the English Colonies were much degenerate in this kings time and had lost a great part of their possessions yet lying at the siedge of Callis hee sent for a supply of men out of Ireland which wer transported vnder the conduct of the Earle of Kildar and Fulco de la Freyn in the yeare 1347. ANd now are we come again to the time of King Richard the second who for the first tenne yeares of his raigne was a Minor and much