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A67920 A discouerie of the true causes why Ireland was neuer entirely subdued, nor brought vnder obedience of the crowne of England, vntill the beginning of his Maiesties happie raigne; Discoverie of the true causes why Ireland was never entirely subdued Davies, John, Sir, 1569-1626. 1612 (1612) STC 6348; ESTC S109372 93,412 291

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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 C●…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 frō 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 Aquita●… 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 ●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
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
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 quilib●t Regnē 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 thēselues to him as they had done before to his Father which was but a meere mockery imposture For his backe was no sooner turned but they returned to their former rebellion yet this was reputed a second Conquest And so this King giuing order for the building of some Castles vpon the Borders of the English Colonies left behinde him the Bishop of Norwich for the ciuill gouernment of the Lande but he left no standing army to prosecute the conquest onely the English Colonies which were alreadie planted were left to themselues to maintaine what they had got and to gaine more if they could The personall presence of these two great Princes King Henry the second and King Iohn though they performed no great thing with their armies gaue such countenaunce to the English Colonies which encreased dayly by the comming ouer of new voluntaries and aduenturers out of England as that they enlarged their Territories verie much Howbeit after this time the kings of England either because they presumed that the English Colonies were strong enough to roote out the Irish by degrees or else because they were diuerted or disabled otherwise as shall bee declared heereafter neuer sent ouer any Royall armie or anie numbers of men worthy to be called an army into Ireland vntill the thirty six yeare of king Edward the thirde when Lionell Duke of Clarence the kings second sonne hauing married the daughter and heyre of Vlster was sent ouer with an extraordinary power in respect of the time for the warres betwixt England and Fraunce were then in their heate aswell to recouer his Earledome of Vlster which was then ouer-run possest by the Irish as to reforme the English Colonies which were become strangely degenerate throughout the whole kingdome FOr though
king Henry the thirde gaue the whole Land of Ireland to Edward the Prince his eldest son and his heyres Ita quod non Separetur a Cona Angliae Whereupon it was styled the Land of the Lorde Edward the kings eldest sonne and all the Officers of the Land were called the Officers of Edward Lord of IRELAND and though this Edward were one of the most actiue Princes that euer liued in England yet did he not either in the life time of his father or during his own raign come ouer in person or transmit any armie into Ireland but on the other side he drew sundry ayds supplies of men out of Ireland to serue him in his warres in Scotland wales and Gascoigne And again though king Edw the second sent ouer Piers Gaueston with a great retinue it was neuer intended he should perfect the Conquest of Ireland for the K. could not want his company so long a time as must haue beene spent in the finishing of so tedious a worke So then in all that space of time betweene the twelfth yeare of king Iohn and the 36. yeare of king Edward the third containing 150. years or thereabouts although there were a continuall bordering war between the English and the Irish there came no royall army out of England to make an end of the warre But the chiefe Gouernors of the realme who were at first called Custodes Hiberniae and afterwards Lords Iustices and the English Lordes who had gotten so great possessions and Royalties as that they presumed to make warre and peace without direction from the State did leuie all their forces within the land But those forces were weakely supplied and Ill Gouerned as I said before Weakly supplyed with men and Money and gouerned with the worst Discipline that euer was seene among men of warre And no maruell for it is an infallible rule that an army ill paide is euer vnruly and Ill gouerned The standing forces heere were sildome or neuer re-enforced out of England and such as were either sent from thence or raised heer did commonly do more hurt and damage to the English Subiects then to the Irish enemies by their continuall Sesse and Extortion Which mischiefe did arise by reason that little or no Treasure was sent out of England to pay the soldiers wages Onely the Kings reuennew in Ireland was spent and wholy spent in the publicke seruice and therefore in al the ancient Pipe-Rols in the times of Henry the third Edward the first Edward the second Edward the third betweene the Receipts and allowances there is this entrie In Thesauro nihil For the Officers of the State and the Army spent all so as there was no surplusage of Treasure and yet that All was not sufficient For in default of the Kings pay aswell the ordinary forces which stood continually as the extraordinarie which were leuied by the cheefe Gouernor vpon iourneyes and generall hoastings were for the most part laid vpon the poore subiect descended of English race howbeit this burden was in some measure tolerable in the time of King Henry the third and King Edward the first but in the time of King Edward the second Maurice Fitz-Thomas of Desmond beeing chiefe Commander of the army against the Scots began that wicked extortion of Coigne and Liuery and pay that is He his army tooke Horse meate and Manfmeate and money at their pleasure without any Ticket or other fatisfaction And this was after that time the generall fault of all the Gouernours and Commanders of the army in this Lande Onely the Golden saying of Sir Thomas Rookesby who was Iustice in the thirtieth yeare of king Edward the 3. is recorded in all the Annalles of this kingdome That he would eate in wodden dishes but would pay for his Meat Gold Siluer Besides the English Colonies being dispersed in euerie Prouince of this kingdome were enforced to keepe continuall guards vpon the Borders Marches round about them which Guardes consisting of idle souldiers were likewise imposed as a continuall burthen vppon the poore English Free-holders whome they oppressed and impouerished in the same manner And because the great English Lords Captaines had power to impose this charge when and where they pleased manie of the poore Freeholders were glad to giue vnto those Lords a great part of their Lands to hold the rest free from that extortion And many others not being able to endure that intollerable oppression did vtterly quit their freeholds and returned into England By this meane the English Colonies grew poore and weake though the english Lords grew rich and mighty for they placed Irish Tenants vppon the Landes relinquished by the English vpon them they leuied all Irish exactions with them they married and fostered and made Gossips so as within one age the English both Lords and Free-holders became degenerate and meer Irish in their Language in their apparrell in their armes and maner of fight all other Customes oflife whatsoeuer By this it appeareth why the extortion of Coigne and Liuory is called in the old Statutes of Ireland A Damnable custome and the imposing taking thereof made High Treason And it is saide in an ancient discourse Of the De●…y of Ireland that though it were first inuented in Hell yet if it had been vsed and practised there as it hath been in Ireland it had long since destroyed the very kingdome of Belzebub In this manner was the warre of Ireland carried before the comming ouer of Lionel Duke of Clarence This young Prince being Earle of Vlster and Lord of Conaght in right of his wife who was daughter and heire of the Lord VVilliam Bourke the last Earle of Vlster of that family slaine by treachery at Knockfergus was made the Kings Lieutenant of Ireland and sent ouer with an army in the 36. year of King Edward the third The Rol and List of which Army doth remaine of Record in the Kings Remembrauncers Office in England in the presse de Rebust augentibus Hiberniam dooth not containe aboue fifteene hundred men by the Poll which because it differs somewhat from the manner of this age both in respect of the Command and the Entertainment I thinke it not impertinent to take a briefe view thereof The Lord Lionel was Generall and vnder him Raulf earle of Staffora Iames Earle of Ormond Sir Iohn Carew Banneret Sir William winsor other knights were Commanders The entertainment of the Generall vpon his first arriuall was but six shillings eight pence per diem for himselfe for fiue Knights two shillings a peece per diem for 64. Esquires xij d a peece per diem for 70 Archers vj. d. a peece per diem But being shortly after created Duke of Clarence which honor was conferred vpon him beeing heere in Ireland his entertainement was raised to xiij s. iiij d. per diem for himselfe for 8. Knights ij s. a piece per
diem with an encrease of the number of his Archers viz 360 Archers on horsebacke out of Lancashire at vjd a peece per diem and 23. Archers out of Wales at ij d. a peece per diem The earle of Staffords entertainment was for himselfe vi s. viij d. per diem for a Banneret iiij s. per diem for xvij Knights ij s. a peece per diem for 78. esquires xij d. a peece per diem for 100 Archers on horsebacke vj d. a peece per diem Besides he had the command of 24. Archers out of Staffordshire 40. Archers out of worcestershire six Archers out of Shropshire at iiij d. a peece per diem The entertainment of Iames earle of Ormond was for himselfe iiij s. per diem for two Knights ij s. a peece per diem for 27 esquires xij d. a piece per diem for 20 Hoblers armed the Irish Horsemen were so called because they serued on Hobbies vj d. a peece per diem and for 20. Hoblers not armed iiij d. a peece per diem The entertainment of Sir Iohn Carew Banneret was for himselfe iiij s. perdiem for one Knight ij s. per diem for eight squires xij d. a peece per diem for ten Archers on horsebacke vj d. a peece per diem The entertainement of Sir william winsore was for himselfe ij s. per diem for two Knights ij s. a peece per diem for 49. Squiers xij d. a peece per diem for six Archers on horseback vj d. a piece per diem The like entertainment rateably were allowed to diuers Knightes and Gentlemen vpon that List for themselues and their seuerall retinewes whereof some were greater and some lesse as they themselues coulde raise them among their tenants and Followers FOr in ancient times the King himselfe did not leuy his armies by his owne immediate authority or Commission but the Lords and Captaines did by Indenture Couenant with the King to serue him in his Wars with certaine numbers of men for certain wages entertainments which they raised in greater or lesse numbers as they had fauour or power with the people This course hath been changed in later times vpon good reason of State For the Barons and Chiefe Gentlemen of the realme hauing power to vse the Kings prerogatiue in that point became too popular whereby they were enabled to raise forces euen against the Crown it self which since the Statutes made for leuying and mustering of souldiers by the Kings speciall Commission they cannot so easily performe if they should forget their duties THis Lord Lieutenant with this small Army perfourmed no great seruice yet vpon his comming ouer all men who had Land in Ireland were by Proclamation re maunded backe out of England thither and both the Cleargy and Laity of this land gaue two yeares profits of all their Landes and Tithes towards the maintenance of the war heere only he suppressed some Rebels in Low Leinster and recouered the Maritime parts of his erldome of Vlster But his best seruice did consist in the well-gouerning of his army and in holding that famous Parliament at Kilkenny wherein the extortion of the souldier and the degenerat maners of the English briefly spoken of before were discouered and Lawes made to reforme the same which shall bee declared more at large heereafter THe next Lieutenant transmitted with any forces out of England was Sir VVilliam winsore who in the 47 yeare of King Edward the third vndertooke the Custodie not the Conquest of this Land for now the English made rather a Defensiue then an inuasiue war and withal to defray the whol charge of the kingdome for eleauen thousand two hundred thirteene pounds six shillings and eight pence as appeareth by the Indenture betweene him and the King remaining of Record in the Tower of London But it appeareth by that which Froissard reporteth that Sir william winsore was so farre from subduing the Irish as that himselfe reported That he could neuer haue accesse to vnderstande and know their Countries albeit he had spent more time in the seruice of Ireland then any Englishman then liuing ANd heere I may well take occasion to shewe the vanity of that which is reported in the Story of walsingham touching the reuennue of the Crown in Ireland in the time of king Edward the third For he setting forth the State of things there in the time of King Richard the 2. Writeth thus Cum Rex Angliae illustris Edwardus tertius illic posuisset Bancum suum at● Iudices cum Scaccario percepit inde ad Regalem Fiscum annuatim triginta millia librarum modò propter absentiam ligeorum hostium potentiam nihil inde venit sed Rex per annos singulos de suo Marsupio terrae defensoribus soluit Triginta millia marcarum ad regni sui dedecus et fisci grauissimum detrimentū If this Writer had knowne that the Kings Courts had beene established in Ireland more then a hundred yeares before King Edw. 3. was borne or had seene eyther the Parliament Rols in England or the Records of the Receits and yssues in Ireland he had not left this vaine report to posterity For both the Benches and the Exchequer were erected in the twelfth year of King Iohn And it is recorded in the Parliament Rols of 21 of Edward the third remaining in the Tower that the Commons of England made petition that it might be enquired why the King receiued no benefit of his land of Ireland considering he possessed more there then any of his Ancestors had before him Now if the King at that time when there were no Standing forces maintained there had receiued 30000. pound yearely at his Exchequer in Ireland he must needes haue made profit by that land considering that the whole charge of the kingdome in the 47. yeare of Edward the third when the King did pay an army there did amount to no more then eleuen thousand and two hundred pounds per annum as appeareth by the contract of Sir VVilliam winsore Besides it is manifest by the Pipe-Rolles of that time wherof many are yet preserued in Breminghams Tower and are of better credite then any Monkes story that during the raigne of King Edward the third the reuenew of the Crowne of Ireland both certaine and casuall did not rise vnto 10000. li. per annum though the Medium be taken of the best seauen years that are to bee found in that Kinges time The like Fable hath Hollingshead touching the reuennue of the Earledome of Vlster which saith hee in the time of king Richard the second was thirty thousand Markes by the yeare whereas in truth though the Lordships of Conaght and Meth which were then parcell of the inheritaunce of the Earle of Vlster be added to the accompt the reuennew of that earledome came not to the thirde part of that he writeth For the Accompt of the profits of Vlster
per interfectionem praedict ā cōmittere non potuit quia dicit praedict Rogerus Hibernic est et nō de libero sanguine dicit etiā qd praedict Rogerus fuit de Cognomine de Ohederiscal et non de cognonime de cautetons et de hoc ponit se super patriam c. Et Iurati dicunt super Sacram. suum quod praedictus Rogerus Hibernicus fuit et de cognonime de Ohederiscall pro Hibernico habebatur tota vita sua Ideo praedict Willielmus quoad feloniam praedict quietus Sed quia praedictus Rogerus Ottederiscall suit Hibernicus Domini Regis praedict Willielmus recommittatur Gaolae quovsque plegios inuenerit de quinque marcis soluendis Domino Regi pro solutione praedicti Hiberntci But on the otherside if the Iurie had found that the party slaine had beene of English race and Nation it had bin adiudged fellony as appeareth by a Record of 29. of Edward the first in the Crowne-Office heere Coram Waltero Lenfant et socijs suis Iustitiarijs Itinerantibus apud Drogheda in Comitatu Louth Iohannes Laurens indictat de morte Galfridi Douedal venit non dedicit mortem praedictam sed dicit quod praedict Galfridus fuit Hibernicus et non de libero sanguine et de bono et malo ponit se super patriam c. Et Iurat dicunt super Sacram. suum quod praedict Galfridus Anglicus fuit et ideo praedict Iohannes culpabilis est de morte Galfridi praedict Ideo suspend Catalla 13. s. vnde Hugo de Clinton Vicecom respondet Hence it is that in all the Parliament Rolles which are extant from the fortith yeare of Edward the thirde when the Statutes of Kilkenny were enacted till the raigne of King Henry the eight we finde the degenerat and disobedient English called Rebelles but the Irish which were not in the Kings peace are called Enemies Statute Kilkenny c. 1. 10. and 11. 11. Hen. 4. c. 24. 10. Hen. 6. c. 1. 18. 18. Hen. 6. c. 4. 5. Edw. 4. c. 6. 10. Hen. ● c. 17. All these Statutes speak of English Rebels and Irish Enemies as if the Irish had neuer bin in condition of Subiectes but alwaies out of the protection of the Law and were indeede in worse cafe then Aliens of any forren Realme that was in amity with the Crowne of England For by diuers heauie paenall Lawes the English were forbidden to marry to foster to make Gossippes with the Irish or to haue anie Trade or commerce in their Markets or Fayres nay there was a Law made no longer since then the 28. yeare of Henrie the eight that the English should not marry with any person of Irish blood though he had gotten a Charter os Denization vnlesse he had done both homage and fealty to the King in the Chancery and were also bound by Recognisaunce with sureties to continue a loyall subiect Whereby it is manifest that such as had the Gouernment of Ireland vnder the Crowne of England did intend to make a perpetuall separation and enmity betweene the English and the Irish pretending no doubt that the English should in the end roote out the Irish which the English not being able to do did cause a perpetuall Warre betweene the nations which continued foure hundered and odde yeares and would haue lasted to the Worlds end if in the end of Queene Elizabeths raigne the Irishry had not beene broken and conquered by the Sword And since the beginning of his Maiesties raigne had not bin protected and gouerned by the Law BVt perhaps the Irishry in former times did wilfully refuse to be subiect to the Lawes of England and would not be partakers of the benefit thereof though the Crowne of England did desire it and therefore they were reputed Aliens Out-lawes and enemies Assuredly the contrarie doth appeare aswel by the Charters of Denization purchased by the Irish in all ages as by a petition preferred by them to the King Anno 2. Edward the third desiring that an Act might passe in Ireland whereby all the Irishrie might be inabled to vse and inioy the Lawes of England without purchasing of particular Denizations Vppon which petition the King directed a speciall Writ to the Lorde Iustice which is found amongst the CloseRolles in the Tower of London in this forme Rex dilecto fideli suo Iohannis Darcile Nepieu Iustic suo Hiberniae Salutem Exparte quorundam hominum de Hibernia nobis extitit supplicatum vt per Statutum inde faciendum concedere velimus quod omnes Hibernici qui voluerint legibus vtatur Anglicanis ita quod necesse non habeant super hoc Chartas alienas à nobis impetrare nos igitur Certiorari volentes si sine alieno praeiudicio praemissis annuere valeamus vobis mandamus quod voluntatem magnatum terr illius in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia perscrutari facias et de eo quod inde inueneritis vna cum Consilio et aduisamento nobis certificetis c. Whereby I collect that the great Lordes of Ireland had informed the King that the Irishry might not be naturalized without damage and preiudice either to them selues or to the Crowne But I am well assured that the Irishrie did desire to bee admitted to the benefit of the Law not onely in this petition exhibited to king Edward the third but by all their submissions made to King Richard the second and to the Lord Thomas of Lancaster before the warres of the two Houses and afterwards to the Lord Leonard Gray Sir Anthony Saint-Leger when K. Henry the eight began to reforme this kingdome In particular the Birnes of the Mountaines in the 34. of Henrie the 8 desire that their Countrey might bee made Shire-ground and called the County of wicklow And in the 23. of Henry the eight O Donnel doth Couenant with Sir VVilliam Skeffington Quod si Dominus Rex velit reformare Hiberniam whereof it should seeme hee made some doubt that hee and his people would gladly bee gouerned by the Lawes of England Onely that vngratefull Traitour Tirone though hee had no colour or shadowe of Title to that great lordship but only by grant from the Crowne and by the Law of England for by the Irish Law he had beene ranked with the meanest of his Sept yet in one of his Capitulations with the State hee required that no Sheriffe might haue iurisdiction within Tirone and consequently that the Lawes of England might not be executed there Which request was neuer before made by O Neale or any other Lorde of the Irishry when they submitted themselues but contrariewise they were humble sutors to haue the benefit and protection of the English Lawes THis then I note as a great defect in the Ciuill policy of this kingdom in that for the space of 350. yeares at least after the Conquest first attempted the English lawes were not communicated to the
comming to besiege Bonratty in Thomond which was then held by Sir Richard de Clare as his inheritance was againe taken prisoner all his Army consisting for the most part of English ouerthrown and cut in pieces by Sir Richard de Clare And after this againe in the yeare 1327. most of the great Houses were banded one against another viz The Giraldines Butlers and Breminghams on the one side and the Bourkes Poers on the other The ground of the quarrell beeing none other but that the Lord Arnold Poer had called the Earle of Kildare Rimer But this quarrell was prosecuted with such malice and violence as the Counties of waterford and Kilkenny were destroied with fire and sword till a Parliament was called of purpose to quiet this dissention Shortly after the Lord Iohn Bremingham who was not long before made Earle of Louth for that notable seruice which he performed vpon the Scots betweene Dundalke and the Faher was so extreamly enuied by the Gernons Verdons and others of the ancient Colony planted in the County of Louth as that in the year 1329. they did most wickedly betray murder that Earl with diuers principall Gentlemen of his name and Family vsing the same speech that the Rebellious Iewes are saide to vse in the Gospell Nolumus hunc regnare super nos After this the Geraldines and the Butlers being becom the most potent families in the Kingdome for the great Lordshippe of Leinster was diuided among Coparceners whose heires for the most part liued in England and the Earledom of vlster with the lordship of Meth by the match of Lionell Duke of Clarence at last discended vpon the Crowne had almost a continuall warre one with another In the time of king Henry the sixt saith Baron Finglas in his Discourse of the Decay of Ireland in a fight betweene the Earles of Ormond and Desmond almost all the Townes-men of Kilkenny were slaine And as they followed contrary parties during the Warres of Yorke and Lancaster so after that ciuil dissention ended in England these Houses in Ireland continued their opposition and feud still euen till the time of K. Henry the eight when by the Marriage of Margaret Fitz-Girald to the Earl of Ossory the houses of Kildare and Ormond were reconciled and haue continued in amity euer since Thus these great Estates Royalties graunted to the English Lords in Ireland begate Pride and Pride begat Contention among themselus which broght forth diuers mischiefs that did not only disable the English to finish the Conquest of all Ireland but did endaunger the losse of what was already gained And of Conquerors made them slaues to that Nation which they did intend to Conquer For whensoeuer one English Lorde had vanquished another the Irish waited and tooke the opportunity fell vpon that Country which had receiued the blow and so daily recouered some part of the lands which wer possessed by the English Colonies Besides the English Lords to strengthen their parties did ally themselues with the Irish and drewe them in to dwell among them gaue their Children to be fostered by them and hauing no other meanes to pay or reward thē suffred them to take Coigne and Liuery vppon the English Freeholders which Oppression was so intollerable as that the better sort were enforced to quit their freeholds and fly into England neuer returned though many Lawes were made in both Realmes to remaunde them backe againe and the rest which remained became degenerat and meer Irish as is before declared And the English Lords finding the Irish exactions to be more profitable then the English Rents and seruices louing the Irish tyranny which was tyed to no Rules of Law or Honor better then a iust and lawfull Seigniory did reiect and cast off the English Law and Gouernment receiued the Irish Lawes and Customes tooke Irish Surnames as Mac william Mac Pheris Mac Yoris refused to come to the Parliamentes which were summoned by the King of Englands Authority and scorned to obey those English Knights which were sent to commaund and gouerne this Kingdome Namely Sir Richard Capel Sir Iohn Morris Sir Iohn Darcie and Sir Raphe vsford And when Sir Anthony Lucie a man of great Authoritie in the time of King Edward the thirde was sent ouer to reforme the notorious abuses of this Kingdom the King doubting that he shold not be obeyed directed a speciall Writt or Mandate to the Earle of vlster and the rest of the Nobility to assist him And afterwards the same King vpon good aduise and Counsell resumed those excessiue Grants of Lands and Liberties in Ireland by a special ordinance made in England which remaineth of Record in the Tower in this form Quia plures excessi● donationes terrarum et libertatum in Hibernia ad subdolam machinationem petentium factae sunt c. Rex deluserias huiusmodo machinationes volens elidere de consilio peritorum sibi assistentium omnes donationes Terrarum et libertatum praedict duxit reuocandas quovsque de merit is donatariorū et causis ac qualitatibus donationū melius fuerit informat et ideo mandatum est Iusticiario Hiberniae qd seisirifaciat c Howbeit ther followed vpon this resumptiō such a diuision faction between the English of birth the English of bloud and race as they summoned held seuerall Parliaments apart one from the other Whereuppon there had risen a general war betwixt them to the vtter extinguishing of the English Name and Nation in Ireland if the Earle of Desmond who was head of the faction against the English of birth had not beene sent into England and detained there for a time yet afterwardes these liberties beeing restored by direction out of England the 26. of Edw. 3. complaint was made to the King of the easie restitution whereunto the King made answere as is before expressed so as we may conclude this point with that which we finde in the Annalles published by Maister Camden Hibernici debellati consumpti fuissent nisiseditio Anglicorum impedivisset Wherunto I may adde this note that though some are of opinion that Grants of extraordinary Honours and Liberties made by a King to his subiects do no more diminish his greatnesse then when one Torch lighteth another for it hath no lesse light then it had before Quis vetat apposito lumen de lumine sumi Yet many times inconueniences doe arise thereuppon and those Princes haue held vp their Soueraignty best which haue beene sparing in those Graunts And truely as these Graunts of little Kingdomes and great Royalties to a few priuate persons did produce the mischiefes spoken of before So the true cause of the making of these Grants did proceede from this That the Kings of England beeing otherwise employed and diuerted did not make the Conquest of Ireland their own worke and vndertake it not royally at their owne charge but as it was first begun by perticular
Henry 7. For albeit in the time of King Henry 6. Richard duke of York a Prince of the blood of great wisedome and valour and heir to a third part of the Kingdome at least being Earle of Vlster and Lord of Conaght and Meth was sent the Kinges Lieutenant into Ireland to recouer and reforme that Realme where he was resident in person for the greatest part of 10. yeares yet the troth is he aymed at another marke which was the Crown of England And therefore he thought it no pollicy to distast either the English or Irish by a course of reformation but sought by all meanes to please them and by popular courses to steale away their hearts to the end hee might strengthen his party when he should set on foot his Title as is before declared Which policy of his tooke such effect as that he drew ouer with him into England the Flower of all the English Colonies specially of Vlster and Meth whereof many Noblemen and Gentlemen were slain with him at wakefield as is likewise before remembred And after his Death when the warres between the Houses were in their heat almost al the good English bloud which was left in Ireland was spent in those ciuill dissentions so as the Irish became victorious ouer all without Bloud or Sweat Only that little Canton of Lande called the English Pale containing 4. small Shires did maintain a bordering war with the Irish and retaine the forme of English Gouernment But out of that little Precinct there were no Lordes Knights or Burgesses summoned to the Parliament neither did the Kings Writt run in anie other part of the kingdome and yet vpon the Marches Borders which at that time were growne so large as they tooke vp halfe Dublin half Meth and a third part of Kildare and Lowth there was no law in vse but the MarchLawe which in the Statutes of Kilkenny is said to be no Law but a leud Custome So as vpon the end of these ciuill warres in England the English Law Gouernment was well banisht out of Ireland so as no foot-steppe or print was left of any former Reformation THen did King Henry 7. send ouer Sir Edward Poynings to be his Depuputy a right worthy seruitor both in war and peace The principall end of his employment was to expel Perkin warbecke out of this kingdome but that seruice beeing perfourmed that worthy Deputy finding nothing but a common misery tooke the best course he possibly could to establish a Common-wealth in Ireland and to that end he held a Parliament no lesse famous then that of Kilkenny and more auaileable for the reformation of the whole Kingdome For whereas all wise men did euer concur in opinion that the readiest way to reform Ireland is to settle a forme of Ciuill Gouernment there conformable to that of England To bring this to passe Sir Edward Poynings did passe an Acte whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but prouided also for the time to come For he caused another Law to be made that no Act should be propounded in any Parliament of Ireland but such as should bee first transmitted into England and approued by the King and Counsell there as good and expedient for that Land and so returned backe againe vnder the Great Seale of England This Act though it seeme Prima facie to restrain the liberty of the subiects of Ireland yet was it made at the Prayer of the Commons vpon iust and important cause For the Gouernors of that realm specially such as were of that Contry Birth had layd many oppressions vpon the Commons and amongst the rest they had imposed Lawes vppon them not tending to the generall good but to serue priuate turnes and to strengthen their particular factions This moued them to referre all Lawes that were to be passed in Ireland to be considered corrected and allowed first by the State of England which had alwaies bin tender carefull of the good of this people and had long since made them a Ciuill Rich and Happy Nation if their own Lords and Gouernors there had not sent bad intelligence into England Besides this he took special order that the summons of Parliament should go into all the shires of Ireland and not to the foure shires only and for that cause specially hee caused all the Acts of a Parliament lately before holden by the Viscount of Gormanston to be repealed and made voide Moreouer that the Parliamentes of Ireland might want no desent or honorable forme that was vsed in England he caused a particular Act to passe that the Lords of Ireland should appeare in the like Parliament Robes as the English Lords are wont to weare in the Parliaments of England Hauing thus established all the statutes of England in Ireland and set in order the great Counsell of that Realme he did not omit to passe other Lawes aswell for the encrease of the Kings Reuennue as the preseruation of the publick peace To aduaunce the profites of the Crown First he obtained a subsidy of 26. s. 8. d. out of euery sixe score Acres manured payable yearely for 5. years Next he resumed al the Crown land which had been aliened for the most part by Richard Duke of Yorke lastly he procured a subsidy of Pondage out of all Merchandizes imported exported to be granted to the Crown in perpetuity To preserue the publicke peace he reuiued the statutes of Kilkenny He made wilfull murther High-Treason he caused the Marchers to book their men for whom they should answere and restrained the making Warre or peace without speciall Commission from the State These Lawes and others as important as these for the making of a commonwealth in Ireland wer made in the Gouernment of Sir Edward Poynings But these Lawes did not spread their Vertue beyonde the English Pale though they were made generally for the whole Kingdome For the Prouinces without the Pale which during the warre of Yorke and Lancaster had wholly cast off the English Gouernement were not apt to receyue this seed of reformation because they were not first broken and maistered againe with the sword Besides the Irish Countreyes which contained two third parts of the Kingdome were not reduced to Shire-Ground so as in thē the Lawes of England could not possibly be put in execution Therefore these good Laws prouisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little vse can be made till the Lute bee made fit to be plaid vpon And that the execution of al these Lawes had no greater Latitude then the Pale is manifest by the Statute of 13. of Henry 8. c. 3. which reciteth that at that time the Kings Lawes were obeyed and executed in the four shires onely and yet then was the Earle of Surrey Lieutenant of
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 Giralàines 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
that the weaker should haue no dependancy vpon the stronger Lastly he preuailed so much with the greatest of them Namely O Neale O Brien and Mac william as that they willingly did passe into England and presented themselus to the king who thereuppon was pleased to aduance them to the degree and honor of Earles to grant vnto them their seuerall Contries by Letters patents Besides that they might learne Obedience and Ciuility of maners by often repairing vnto the State the K. vpon the motion of the same Deputy gaue each of them a house and Lands neere Dublin for the entertainement of their seuerall traines This course did this Gouernour take to reforme the Irishry but withall he did not omit to aduance both the honor and profit of the King For in the Parliament which he helde the 33. of Henry 8. hee caused an Acte to passe which gaue vnto K. Henry 8. his heyres and successors the name stile and Title of King of Ireland whereas before that time the Kings of England were stiled but Lords of Ireland albeit indeed they were absolute Monarks thereof and had in right all Royall Imperial Iurisdiction power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher then the name of Lorde Assuredly the assuming of this title hath not a litle raysed the soueraignty of the K. of England in the minds of this people Lastly this Deputy brought a great augmentation to the Kings Reuenue by dissoluing of all the Monasteries and Religious Houses in Ireland which was done in the same Parliament afterward by procuring Min and Cauendish two skilfull Auditours to bee sent ouer out of England Who tooke an exact suruey of all the possessions of the Crowne and brought manie things into charge which had beene concealed and substracted for manie years before And thus far did Sir Anthony Saint-Leger proceed in the course of Reformation which though it wer a good beginning yet was it far from reducing Ireland to the perfect Obedience of the Crown of England For all this while the Prouinces of Conaght and Vlster and a good parte of Leinster were not reduced to Shire-Ground And though Mounster were anciently diuided into Counties the people were so degenerate as no Iustice of Assise durst execute his Commission amongst them None of the Irish Lords or Tenants were setled in their possessions by any Graunt or Confirmation from the Crowne except the three great Earles before named who notwithstanding did gouern their Tenants and Followers by the Irish or Brehon Law so as no treason murther rape or theft committed in those Countries was inquired of or punisht by the Law of England and consequently no Escheat Forfeiture or Fine no Reuenue certain or casuall did acrew to the Crowne out of those Prouinces The next worthy Gouernor that endeuoured to aduaunce this Reformation was Thomas Earle of Sussex who hauing throughly broken and subdued the two most rebellious and powerful Irish Septs in Leinster namely the Moores O Connors possessing the territories of Leix Offaly did by Act of Parliament 3. 4. Phil. Mariae reduce those Countries into two seuerall Counties naming the one the Kinges and the other the Queenes County which were the first two Counties that had beene made in this Kingdome since the twelfth yeare of King Iohn at what time the Territories thē possessed by the English Colonies were reduced into 12. Shires as is before expressed This Noble Earle hauing thus extended the Iurisdiction of the English Lawe into two Counties more was not satisfied with that addition but took a resolution to diuide all the rest of the Irish Countries vnreduced into seuerall Shires and to that end he caused an Act to passe in the same Parliament authorising the Lord Chancellour from time to time to award Commissions to such persons as the Lord Deputy should nominate and appoint to viewe and perambulate those Irish territories and thereupon to diuide and limit the same into such and so many seuerall Counties as they should thinke meete which beeing certified to the Lord Deputy and approued by him should bee returned and enrolled in the Chancery and from thenceforth be of like force and effect as if it were doone by Act of Parliament Thus did the Earle of Sussex lay open a passage for the Ciuill gouernment into the vnreformed partes of this Kingdome but himselfe proceeded no further then is before declared HOwbeit afterwardes during the raigne of Queen Elizabeth Sir Henry Sidney who hath left behinde him many Monuments of a good Gouernour in this Land did not onely pursue that course which the Earle of Sussex began in reducing the Irish Countries into Shires and placing therein Sheriffes and other Ministers of the Law for first hee made the Annaly a Territory in Leynster possessed by the Sept of Offerralles one entire Shire by it selfe and called it the County of Longford and after that he diuided the whole Prouince of Conaght into sixe Counties more namely Clare which containeth all Thomond Gallaway Sligo Mayo Roscomon and Leytrim But he also had caused diuers good Lawes to be made performed sundry other seruices tending greatly to the reformation of this Kingdome For first to diminish the greatnesse of the Irish Lordes and to take from them the dependancy of the Common people in the Parliament which he held 11. Eliz. Hee did abolish their pretended and vsurped Captain-ships and all exactions and extortions incident thereunto Next to settle their Seigniories possessions in a course of Inheritance according to the course of the Common Law he caused an Act to passe whereby the Lord Deputy was authorised to accept their Surrenders and to re-grant estates vnto them to hold of the Crown by English tenures and seruices Againe because the Inferior sort were loose and poore and not amesnable to the Law hee prouided by another Act that fiue of the best eldest persons of euery Sept should bring in all the idle persons of their sur-name to be iustified by the Law Moreouer to giue a ciuill education to the Youth of this Land in the time to come prouision was made by another Law that there should bee one Free-schoole at least erected in euery Diocesse of the Kingdom And lastly to invre and acquaint the people of Mounster and Conaght with the English Gouernment againe which had not been in vse among them for the space of 200. yeares before hee instituted two Presidency Courtes in those two Prouinces placing Sir Edward Fitton in Conaght and Sir Iohn Perrot in Mounster To augment the Kings Reuennew in the same Parliament vppon the attainder of Shane O Neale hee resumed vested in the Crowne more then halfe the Prouince of Vlster He raised the Customes vpon the principall cōmodities of the Kingdome He reformed the abuses of the Exchequer by many good orders and instructions sent out of England and lastly he
pretending that hee was a most able and willing person to performe seruice there because he had a great inheritance of his owne in Ireland namely the Earledom of Vlster and the Lordships of Conaght Meth by discent from Lionell Duke of Clarence We do not finde that this great Lord came ouer with any numbers of waged souldiers but it appeareth vpon what good termes hee tooke that Gouernment by the Couenants betweene the King and him which are recorded and confirmed by Acte of Parliament in Ireland and were to this effect 1. That he should be the Kings Lieutenant of Ireland for ten yeares 2. That to support the charge of that Countrey he should receiue al the kings reuennewes there both certaine and casual without accompt 3. That he should bee supplyed also with treasure out of England in this maner he should haue four thousand Markes for the first yeare whereof he should bee imprested 2000. li. before hand and for the other nine yeares hee should receiue 2000. li. per annum 4. That hee might Let to Ferme the Kings Landes and place and displace all Officers at his pleasure 5. That he might leuy and wage what numbers of men he thought fit 6. That he might make a Deputy and returne at his pleasure We cannot presume that this Prince kept any great army on foote aswell because his means out of England were so meane and those ill paide as appeareth by his passionate letter written to the Earl of Salisbury his brother in Law the Coppy whereof is Registred in the Story of this time as also because the whole Lande except the English Pale and some part of the Earledome of Vlster vppon the Sea Coasts were possest by the Irish. So as the Reuennew of the Kingdome which he was to receiue did amount to little He kept the Borders Marches of the Pale with much adoo he held many Parliaments wherein sundry Lawes were made for erecting of Castles in Louth Meth and Kildare to stop the incursions of the Irishrie And because the souldiers for want of pay were sessed and laide vppon the subiects against their willes vpon the prayer and importunitie of the Commons this extortion was declared to be High-Treason But to the end that some meanes might be raised to norish some forces for defence of the Pale by another Acte of Parliament euery twenty pound Land was charged with the furnishing and maintenance of one Archer on horsebacke Besides the natiue subiects of Ireland seeing the kingdome vtterly ruined did passe in such numbers into England as one Law was made in England to transmit them backe againe and another Law made heere to stop their passage in euery Port creeke Yet afterwards the greatest partes of the Nobility and Gentry of Meth past ouer into England and were slaine with him at wakefield in Yorkshire Lastly the State of England was so farre from sending an army to subdue the Irish at this time as among the Articles of greeuances exhibited by the Duke of Yorke against K. Henry the sixte this was one That diuers Lords about the King had caused his Highnesse to write Letters vnto some of his Irish enemies whereby they were encouraged to attempt the conquest of the said Land Which Letters the same Irish enemies had sent vnto the Duke maruailing greatlie that such Letters should be sent vnto them speaking therein great shame of the Realme of England After this when this great Lorde was returned into England and making claime to the Crowne beganne the Warre betwixt the two Houses It cannot bee conceiued but that the kingdome fell into a worse and weaker estate WHen Edward the fourth was setled in the kingdome of England he made his Brother George Du. of Clarence Lieutenant of Ireland This Prince was born in the Castle of Dublin during the Gouernment of his father the Duke of Yorke yet did hee neuer passe ouer into this kingdome to gouerne it in person though hee held the Lieutenancie many yeares But it is manifest that King Edward the fourth did not pay any army in Ireland during his raigne but the men of war did pay themselues by taking Coigne and Liuery vppon the Countrey which extortion grew so excessiue and intollerable as the Lord Tiptoft being Deputy to the Duke of Clarence was enforced to execute the Law vppon the greatest Earle in the Kingdome namely Desmond who lost his head at Drogheda for this offence Howbeit that the State might not seeme vtterly to neglect the defence of the Pale there was a fraternity of men at armes called the Brother-hood of S. George erected by Parlament the 14. of Edward the fourth consisting of thirteene the most Noble and woorthy persons within the foure shires Of the first foundation were Thomas Earle of Kildare Sir Rowland Eustace Lord of Port-lester and Sir Robert Eustace for the County of Kildare Robert Lord of Howth the Maior of Dublin and Sir Robert Dowdall for the County of Dublin the Vicount of Gormauston Edward Plunket Seneshall of Meth Alexander Plunket and Barna be Barnewale for the County of Meth the Maior of Drogheda Sir Lawraunce Taaffe and Riehard Bellewe for the Countie of Lowtb These and their successors were to meet yearely vpon S. Georges day and to choose one of themselues to be Captaine of that Brother-hood for the next yeare to come Which Captaine shold haue at his commaund 120. Archers on horsebacke 40. horsemen and forty Pages to suppresse Out-lawes and rebels The Wages of euery Archer should be vj. pence Per diem euery horseman v. d. Per diem and foure Markes Per annum And to pay these entertainments and to maintain this new fraternity there was granted vnto them by the same Act of Parlament a subsidie of Pondage out of all Marchandizes exported or imported thoroughout the Realme hydes and the goods of Free-men of Dublin Drogheda onely excepted These 200. men were al the standing forces that were then maintained in Ireland And as they were Natiues of the kingdom so the kingdom it selfe did pay their wages without expecting any treasure out of England BVt now the warres of Lancaster and Yorke being ended and Henrie the seuenth being in the actuall peaceable possession of the kingdome of England let vs see if this King did send ouer a Competent Armie to make a perfect Conquest of Ireland Assuredly if those two I dolles or counterfets which were set vp against him in the beginning of his raign had not found footing and followers in this Lande King Henrie the seuenth had sent neither horse nor foote hither but let the Pale to the Guard and defence of the fraternitie of Saint George which stood till the tenth year of his raigne And therefore vpon the erection of the first I doll which was Lambert the Priests Boy he transmitted no forces but sent ouer Sir Richard Edgecomb with Commission to take an Oath of