they should Reign in Ireland nay they were come that height by these great Possessions that they could not brook that the Crown of England it self should have any Jurisdiction or Power over them For many of these Lords to whom our Kings had granted these petty Kingdoms did by Vertue and Colour of these Grants claim and exercise Jura Regalia within their Territories in so much as there were no less than eight Counties Palatines in Ireland at one time The first English Conquerors exercise Regal Power These absolute Palatines made Barons and Knights did exercise high Justice in all points within their Territories erected Courts for Criminal and Civil Causes and for their own Revenues in the same form as the Kings Courts were established at Dublin made their own Judges Seneschalls Sheriffs Coroners and Escheators so as the Kings Writ did not run in those Counties which took up more then two parts of the English Colonies but onely in Church Lands lying within the same which were called the Cross wherein the King made a Sheriff And so in each of these Counties Palatines there were two Sheriffs one of the Liberty and another of the Cross whereby it is manifest how much the Kings Jurisdictions was restrained and the power of these Lords enlarged by these high Priviledges Again these great undertakers were not tied to any form of Plantation but all was left to their discretion and pleasure And although they builded Castles and made Freeholders yet were there no tenures or services reserved to the Crown but the Lords drew all the respect and dependancy of the common people unto themselves Now let us see what inconveniences did arise by these large and ample Grants of Lands and Liberties to the first Adventurers in the Conquest The great inconveniences that ensued the Grant of whole Provinces and petit Kingdoms to the first English Conquerors of Ireland Without doubt by these Grants of whole Provinces and petty Kingdoms these few English Lords pretended to be Proprietors of all the Land so as their was no possibility left of settling the Natives in their Possessions and by consequence the Conquest became impossible without the utter extirpation of all the Irish which these English Lords were not able to perform nor perhaps willing if they had ability Notwithstanding because they did still hope to become Lords of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants And because they did fear that if the Irish were received into the Kings protection and made Liege-men and Free Subjects the State of England would establish them in their possessions by Grants from the Crown reduce their Countries into Counties ennoble some of them and enfranchise all and make them amensurable to the Law which would have abridged and cut off a great part of that greatness which they had promised unto themselves They therefore perswaded the King of England that it was unfit to communicate the Laws of England unto them and that it was the best policy to hold them as Aliens and Enemies and to prosecute them with a continual War whereby they obtained another Royal Prerogative and Power Which was to make War and Peace at their Pleasure in every part of the Kingdom which gave them an absolute command over the Bodies Lands and Goods of the English Subjects there And besides the Irish inhabiting the Lands fully Conquered and reduced being in the condition of Slaves and Villains did render a greater Profit and Revenue than if they had been the Kings Free Subjects and therefore for these two causes last expressed they were not willing to root out all the Irishry Again Those large Scopes of Land and great Liberties with absolute Power to make War and Peace did raise the English Lords to that height of Pride and Ambition as they could not endure one another but grew to a mortal War and Dissention amongst themselves insomuch that whole Towns and Countries have often times been destroyed by their Contentions which brought forth divers mischiefs that did not onely disable the English to finish the Conquest of all Ireland but did endanger the loss of what was already gained And of Conquerors made themselves Slaves to that Nation which they did intend to Conquer For whensoever one English Lord had vanquished another the Irish waited and took the opportunity and fell upon that Country which had received the blow and so daily recovered some part of the Lands which were possessed by the English Colonies Besides The English Lords to strengthen their Parties did Ally themselves with the Irish and drew them in to dwell amongst them and gave their Children to be fostered by them and having no other means to pay or reward them suffered them to take Coyn and Livery upon the English Free-holder which oppression was so intollerable as that the better sort were enforced to quit their Free-holds and fly into England and never returned though many Laws were made in both Realms to remand them back again and the rest which remained became degenerate and meer Irish as is before declared And the English Lords finding the Irish Exactions to be more profitable then the English Rents and Services and loving the Irish tyranny which was tyed to no Rules of Law or Honor better than a just and lawful Seigniory did reject and cast off the English Law and Government received the Irish Laws and Customes took as aforesaid Irish Sir-names refused to come to the Parliaments which were summoned by the King of Englands Authority and scorned to obey the English Knights which were sent to command and govern this Kingdome Why the Kings of England Granted such large Proportions of Land to the first Conquerors of Ireland But this ought withal to be taken into consideration that as these Grants of little Kingdomes and great Royalties to a few private persons did produce the mischiefs spoken of before So the true cause of making those Grants did proceed from this That the Kings of England being otherwise imployed and diverted did not make the Conquest of Ireland their own work and undertook it not royally at their own charge but as it was first begun by particular Adventurers so they left the prosecution thereof to them and other Adventurers who came to seek their Fortunes in Ireland wherein if they could prevail they thought it in Reason and Honor they could do no less than make them Proprietors of such Scopes of Land as they could Conquer People and Plant at their own charge reserving only the Sovereign Lordship to the Crown of England But if the Lyon had gone to hunt himself the shares of the inferiour Beasts had not been so great If the Invasion had been made by an Army transmitted furnished and supplyed onely at the Kings charges and wholly paid with the Kings Treasure as the Armies of Queen Elizabeth and King James were as the Conquest had been sooner atchieved so the Servitors had been contented
Henry the Seconds time and soon after p. 23. That when the Roman Generals had with the publick charge Conquered many Kingdoms and Common-wealths they were rewarded with honorable Offices and Triumphs and not made Lords and Proprietors of whole Kingdoms and Provinces p. 31. That William Duke of Normandy in the Conquest of England which he made his own work distributed sundry Lordships and Monnors unto his followers but gave not away whole Shires and Counties as was done in Ireland in Demesne to any of his Servitors whom he desired to advance p. ib. The like did Edward the First in the Conquest of Wales p. 32. That as the best policy was not observed in the distribution of the Conquered Lands in Ireland by the first English Adventurers so were they deceived in the choice of the fitttest places to settle their Plantations in p. 34. That the Nature of the Irish Customs are such that of necessity they make those people Rebels who make use of the same to all good Government and to the destruction of the Common-wealth wherein they live p. 37. That the frequent Rebellions in Ireland in Queen Elizabeths Reign especially that notorious one of the Earl of Tyrone and his Adherents chiefly fomented by the Pope and the King of Spain did so far provoke the Queen as that she made an absolute Conquest of the Irishry p. 44 That upon the finishing of the said Conquest to the end the long for wished perpetual Peace and Settlememt of that Kingdom might be established on firm foundations 't was propounded as the fittest expedient that all the forfeited Lands in Ireland might be disposed of to such English as should be brought out of England to plant the same paying thereout yearly by way of Quit-Rent a reasonable consideration to the Crown of England towards the maintenance of a Standing Army in Ireland p. 46. The same method being observed by the Romans to continue their Conquered Couâ—tries in due Obedience to them And which should also have been also put in practice by the first English Conquerors of the Realm of Ireland p. 48. That all such Irish who had forfeited the said Lands were to be transplanted from one Province into another and to become only Tenants to the English p. 50. That King James being swayed by wilder Councels wholy waving the Transplantation of laying hold on the said forfeited Lands did by an Act of Olivion remit all manner of offences committed against the Crown by the said Earl of Tyrone and the rest of the Irish which mild resolution of his was like to be soon after ill requited by the said Earl and his Adherents who practicing a new Rebellion in the North of Ireland and failing therein fled upon the guilty conscience thereof to the Spanish Netherlands giving thereby an excellent opportunity to settle a brave British Plantation within the fix forfeited Counties in the Province of Ulster p. 50 51. How far King James proceeded in the Reformation and Settlement of Ireland by dividing the same into Counties and thereby consequently making way for the Laws of England to be put in execution in all parts of the Kingdome and by ascertaining also all mens Estates according to English tenure c. with many other publick Acts tending to the future good Government and welfare of that Realm p. ib. That notwithstanding all those excellent Constitutions yet the foundation of that settlement of Ireland not long after received a shake by the Irish denying to contribute towards the maintenance of a standing Army in Ireland An. 1627. except they might first obtain a Tolleration of the Romish Religion though the Lord Primate Usher in a set Speech in the presence of the Lord Deputy Falkland made use of many strong Arguments and reasons to press them thereunto p. 53. That the loss of this rare opportunity by the Irish to express the height of their Loyalty to his Majesty of England can never be sufficiently repented of by them p. 54. That the Lord Primate Usher wisely foresaw a storm impending which was not long after unhappily verified by the bloody Rebellion in Ireland Anno 1641. without the least provocation given by the English to the Irish to perpetrate so wicked an Act wherein were barbarously destroyed in a very short space of time by the Sword and Famin above a hundred and fifty thousand Protestants p. 54 to 64. That the English could not obtain an opportunity to be throughly revenged on the Irish for their inhumane slaughtering of their Country-men till the year 1649. from what time within the compass of about three years it is conceived there was not left undestroyed by the Sword Plague and Famin above the eighth part of all the Irish Nation Being a just judgment of God fallen upon them for their impious carriage towards the poor Protestant British Planters p. 66. That the Irish Nation being thus broken all the Romish-Irish Proprietors were commanded upon pain of death by a certain day to transplant themselves from the Provinces of Lynster Munster and Ulster into the Province of Connaght and County of Clare which was performed accordingly p. 67. A brief description of the admirable Strength of the Province of Connaght as well by Art as Natuâ—e As also of the lamentable waste condition all Ireland was reduced unto in the close of the War An. 1652 1653. p 67 to 70. That immediately after the said Transplantation of the Irish being in the year 1653. certain Regiments of the English Army were disbanded and setled upon the Lands fallen by Lot to them for their Arrears within the Provinces of Lynster Munster and Ulster p. 68. c. That both English and Irish within three years after were setled upon their respective proportions of Land assigned to them or fallen by Lot in all parts of Ireland p. 68 69. That within three years ensuing the said Settlement there appeared a strange alteration in the general state of Ireland from a most ruinous to a reviving Common-wealth p. 70 71. That as his Majesties Restauration crowned the joy of oll the English in Ireland so it did as much deject the Irish who immediately expected thereupon to be generally restored to their former Estates p. 72. What alteration hapened to the Settlement of Ireland since his Majesties Restauration p. 73 216 c. How that that perpetual Peace and Settlement of Ireland which was so solidly discoursed of and stoutly fought for in Queen Elizabeths Reign and very far proceeded in King James his time Is now fully perfected and confirmed by our Gracious Sovereign King Charles the Second to the glory of God and the great honor and profit of his Majesty and security of his three Kingdoms p. 74 to 79. THE CONTENTS OF THE Second Part. OF the Name of Ireland and its Climate p. 80. Of its Dimension p. 81. Of the Division Form Aire and Commodities of the Province of Lynster p. 82. Of Munster p. 84. Of Ulster p. 87. And of Connaght
the policy of the King of Meth the only Irish Prince then in favour with the Tyrant These Northern Nations were the first that brought the Irish acquainted with Traffick and Commerce and with building of Castles and Fortresses only upon the Sea-coasts having hitherto known no other defence but Woods Boggs or Stoakes And last of all by the English in K. Henry 2ds reign An. 1172. After this the Roytelets or petty Princes enjoying their former Dominions till the year 1172. in which Dermot Mac Morogh King of Lynster having forced the Wife of Maurice O Rorke King of Meth was driven by him out of his Kingdome who applying himself to Henry the Second of England for succor received Aid under the leading of Richard de Clare Sir-named Strongbow Earle of Pembroke to be restored to his Kingdom by whose good success and the rest of the Adventurers upon the Arrival of Henry the Second in Ireland his very Presence without drawing his Sword prevailed so far as that all the petty Kings or great Lords within Lynster Connaght and Munster submitted themselves unto him promising to pay him Tribute and acknowledging him their chief and Soveraign Lord But as the Conquest was but slight and superficial so the Irish Submissions were but weak and fickle assurances to hold in Obedience so considerable a Kingdom for no sooner were the Kings of Englands backs turned but the Irish returned to their former Rebellions and the Kings of England had here no more power or profit than the great ones of the Country were pleased to give them for they governed their People by the Brehon Law they made their own Magistrates and Officers pardoned and punished all Malefactors within their several Countries made War and Peace one with the other without controulment and this they did not only during the Reign of King Henry the Second but also in the times succeeding even until the Reign of Queen Elizabeth which Conquest became thus imperfect by reason of two great Defects first in the faint prosecution of the War and next in the loosness of the Civil Government The Conquest of Ireland by the English imperfect till of late by reason of two defects viz. first faint Prosecution of the War the Causes of it As touching the carriage of Martial Affairs from the seventeenth year of King Henry the Second at what time the first overture was made for the Conquest of Ireland until the nine and thirtieth year of Queen Elizabeth when that Royal Army was sent over to suppress the the Rebellion of Tyrone which in the end made an universal and absolute Conquest of all the Irishry It is very evident that the English either raised here or sent hither from time to time out of England were alwaies too weak to Subdue and Master so many Warlike Nations or Septs of the Irish as did possess this Island and besides their weakness they were ill paid and worse Governed And if at any time there arrived out of England an Army of competent strength and power it did rather terrifie than break or subdue this People being ever broken and dissolved by some one accident and impediment or other before the perfection of the Conquest of it as namely Henry the Second by the Rebellion of his Sons King John Henry the Third and Edward the Second by the Barrons Wars Edward the First by his Wars in Wales and Scotland Edward the Third and Henry the Fift by the Wars of France Richard the Second Henry the Fourth Henry the Sixth and Edward the Fourth by Domestick contention for the Crown of England it self Richard the Third not worth mentioning as having never got the quiet possession of England but was cast out by Henry the Seventh within two years and an half after his Usurpation And Henry the Seventh himself though he made the happy Union of the two Houses of York and Lancaster yet for more than half the space of his Reign there were walking Spirits of the House of York which he could not conjure down without the expence of some Bloud and Treasure Henry the Eighth was diverted by his two Expeditions into France at the first and latter part of his Reign and in the middle thereof wholly taken up with the troubles created to him by the great alteration of Ecclesiastical Affairs And lastly the Infancy of King Edward and the Coverture of Queen Mary which were both not-abilities in Law did likewise in fact disable them to accomplish the Conquest of Ireland so that all the Kings of England coming thus far short as to the perfecting of the true Conquest of Ireland let us examine what other impediments were given thereunto in point of Martial Affairs by the Adventurers themselves that first undertook the Conquest of this Kingdom upon their own account That the first English Adventurers had good success in Ireland during the first forty years It doth appear that for the space of about forty years after the first landing of the English in Ireland till the seventeenth year of King John during all which time there was no Army transmitted out of England to finish the Conquest of Ireland that the Adventurers and Colonies already planted there proceeded with so much good success as they gained very large portions of ground in every Province As namely the Earl of Strongbow by his Marriage with the Daughter of Mac Morrogh in Lynster the Laâ—ies in Meth the Giraldines and other Adventurers in Munster the Andeleyes Gernons Clintons Russels and other Voluntaries of Sir John de Courcies retinue in Vlster and the Bourkes planted by William Fitz-Adelme in Connaght The English Colonies being thus dispersed through all the Provinces of Ireland were necessitated But being necessitated for a long time to maintain a bordering War against the Irish at the charge of the English Planters from the twelfth year of King John till the six and thirtieth year of King Edward the Third being about an hundred and fifty years to maintain a continual bordering War between them and the Irish without receiving during all that time any supply either of Men or Money out of England to manage the same So that all the chief Governours of the Realm and the English Lords who had gotten such great Possessions and Royalties as that they presumed to make War and Peace at their pleasure without the least advice or direction from the State being forced to levy all their Forces within the Land who being ill Paid and worse Governed it so came to pass the publick Revenues of Ireland being then inconsiderable to sustain such a charge that as well the Ordinary Forces which stood continually as the extraordinary which were levied by the chief Governour upon Journeys and general Hostings were for the most part laid upon the poor Subjects descended of English race which burden was in some measure tollerable during the Reign of King Henry the Third and Edward the First but afterwards became insupportable in the time of King
the chief causes that obstructed the Conquest of Ireland till about the latter end of Queen Elizabeths reign as to Martial Affairs And secondly loosness in the Civil Government of Ireland for not communicating the Laws of England to the Irish I shall now endeavour in the next place to give some satisfaction touching those defects that were observed to be in the Civil Policy and Government of this Kingdome which gave no less impediment to the full Conquest thereof which doth first consist in this That the Crown of England did not from the beginning give Laws to the Irishry though the Irish did often desire to be admitted to the benefit of it and protection of the English Laws but could not obtain it For although King Henry the Second before his return out of Ireland held a Counfel or Parliament at Lismore where the Laws of England were willingly accepted off by all the Irishry and that confirm'd by their Oaths And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and the Courts of Judicature at Dublin and placed Sheriffs and other Ministers to rule and govern the people according to the Laws of England yet it is evident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry as O Neal of Vlster O Malaghlin of Meath O Connagher of Connaght O Brien of Thomond and Mac Muorrogh of Lynster who were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England for in them onely the English Laws were published and put in execution and in them onely did the Itinerant Judges make their Circuits and Visitations of Justice as namely in the Counties of Dublin Kildare Meth Vriel Catherlogh Kilkenny Wexford Waterford Cork Limrick Kerry and Typperary and not in the Countries possessed by the Irishry which contained at least two third parts of the Kingdome and even in these Counties the said Laws stretcht no farther then the Lands of the English Colonies did extend so that the Irish were not only disabled to bring any actions but they were so far out of the protection of the Law as it was often adjudged no Fellony to kill a meer Irish man in time of Peace from whence it came to pass that in all the Parliament Rolls which are extant from the 40th year of Edward the Third when the Statutes of Kilkenny were enacted till the Reign of King Henry the Eighth we find the degenerate and disobedient English called Rebels but the Irish which were not in the Kings Peace are called Enemies Whereby it it is manifest that such as had the Government of Ireland under the Crown of England did intend to maintain a perpetual Separation and Enmity between the English and the Irish pretending that the English should in the end be able to root out the Irish which the English not being able to effect caused a perpetual War between both Nations which continued four hundred and odd years and might have continued to the worlds end if in the end of Queen Elizabeths Reign the Irishry had not been broken and Conquered by the Sword and since the beginning of King James his Reign had not been protected and governed by the Law Contrary to the practice of the Romans and others c. who communicated their Laws to the Conquered This was contrary to the practice of the Roman State which Conquered so many barbarous and civil Nations and therefore knowing by experience the best and readiest way of making a perfect and absolute Conquest refused not to communicate their Laws to the rude and barbarous people whom they had conquered neither did they ever put them out of their Protection after they had once submitted themselves but rather the better to assure their conquest by all the means imaginable they could allured them to Civility and Learning whereof the antient Britains were a famous instance This was also against the practise William the Conqueror used who governed both the Normans and the English under one Law And against the prudent course that hath been observed in the reducing of Wales partly perform'd by King Edward the First and altogether finished by King Henry the Eighth by dividing the whole Countrey into Shires and Circuits and establishing a Common-wealth amongst them according to the English Government by means whereof that entire Countrey was in a short time so securely setled in Peace and Obedience and hath attained to that civility of manners and plenty of all things as now we find it not inferiour to the best parts of England That the over great proportions of Land granted to the first Conquerors of Ireland occasioned great inconveniencies The next Error in the Civil Policy which hindered the perfection of the Conquest of Ireland did consist in the distribution of the Lands and Possessions which were won and conquered from the Irish For the Scopes of Land which were granted to the first Adventurers were too large and the Liberties and Royalties which they obtained therein were too great for Subjects though it stood with reason that they should be liberally rewarded out of the fruits of their own labours since they managed the War upon their own account and received no pay from the Crown of England whereupon ensued divers inconveniencies that gave great impediment to the Conquest for first Earl Strongbow was entituled to the whole Kingdom of Lynster partly by Invasion and partly by Marriage albeit he surrendered the same entirely to King Henry the Second his Soveraign The manner how Ireland was divided amongst the first Engâ—ish Conquerors for that with his License he came over and with the aid of his Subjects he had gained that great Inheritance yet did the King regrant back again to him and his Heiâ—s all that Province reserving only the City of Dublin and the Cantreds next adjoyning with the Maritine Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Corke from Lismore to the Sea To Philip le Bruce he gave the whole Kingdome of Lymrick with the Donation of Bishopricks and Abbies except the City and one Cantred of Land adjoyning To Sir Hugh de Lacy all Meath To Sir John de Courcy all Vlster To William Bourke Fitz-Adelin the greatest part of Connaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poor of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was alâ— Ireland Cantonized among ten Persons of the English Nation And though they had not gained the Possession of one third part of the whole Kingdom yet in Title they were owners and Lords of all so as nothing was left to be granted to the Natives whose petty Kings and Great ones our great English Lords could not endure
Therefore whereas there was as you heard but one Free-holder in a whole Country which was the Lord himself the rest holding in Villenage and being subject to the Lords immeasurable Taxations whereby they had no encouragement to Build or Plant Now the Lords Estate was divided into two parts that which he held in Domain to himself which was still left unto him and that which was in the hands of the Tenants who had Estates made in their possessions according to the Common Law of England paying instead of uncertain Irish Impositions certain English Rents whereby the people have since set their minds upon repairing their Houses and Manuring their Lands to the great increase of the Private and Publick Revenues These proceedings bred such comfort and security in the hearts of all men as thereupon ensued for the space of about forty years the calmest and most universal Peace that ever was seen in Ireland But the foundation of this so long for wished The Foundation of that settlement shaken Anno 1627. by the Irish refusing to contribute towards the pay of a standing Army in Ireland and most delectable Peace was not so deeply laid but but that it received a shake by the first storm that threatned England for being engaged in a War with France and Spain about the beginning of his Majesties Reign King Charles the First and having therefore occasion to send some additional Forces into Ireland for the better assuring the Peace thereof in such a doubtful time of trouble A proposition was made by the then Lord Deputy Falkland to the chief of the Irish Nation for the contributing of a competent sum of Money towards the maintenance of those Forces to be established by way of a stanâ—ing Army in Ireland To which they would not condescend without a Toleration of Religion first obtained and then they would willingly maintain five hundred horse and five thousand foot wherein the Protestants must have born a share also But the Protestants not approving thereof The Lord Archbishop Vsher then Lord Primate of Ireland was desired by the said Lord Deputy at a great Assembly both of Irish and English met at his Majesties Castle at Dublin the last of April Anno 1627 to press the Irish by very strong Arguments to a condescention of the said proposition where amongst many other most excellent ones then made use of by his Lordship to induce them thereunto He declared that the resolution of those Gentlemen in denying to contribute unto the supplying of the Army sent thither for their defence did put him in mind of the Philosophers Observation That such as have respect to a few things are easily misled the present pressure which they sustained by the imposition of Souldiers and the desire they had to be cas'd of that burthen did so wholly possess their minds that they had onely an eye to the freeing of themselves from that incumbrance without looking at all to the Desolations that were like to come upon them by a long and heavy War which the having of an Army in a readiness might be a means to have prevented The lamentable effects said he of our last Wars in this Kingdome doth yet freeshly stick in our memories Neither can we so soon forget the depopulation of our Land when besides the cumbustions of War the extremity of famine grew so great that the very Women in some places by the way side have surprized the men that rod by to feed themselves with the flesh of the Horse of the Rider and that now again said he here is a storm towards wheresoever it will light every wise man will easily foresee which if we be not careful to meet with in time our State may prove irrecoverable when it will be too late to think of had I wist Proceeding farther he recounted to them how that in the days of King Henry the Eighth the Earl of Desmond had made an offer of the Kingdom of Ireland to the French King Ireland offered to Sale to the French King in days of K. Henry the Eighth the Instrument whereof remains yet upon Record in the Court of Paris and that the Bishop of Rome afterwards transfer'd the Title of all our Kingdoms unto Charles the Fift which new Grants were confirmed unto his Son Philip in the time of Queen Elizabeth with a resolution to settle the Crown of Ireland upon the Spanish Infanta Which Donations of the Popes howsoever they were in themselves of no value yet would they serve for a fair colour to a Potent Pretender who is able to supply by the power of the Sword whatsoever therein may be thought defective Whereunto might be added that of late in Spain at the very same time when the Treaty of the Match was in hand there was a Book published with great approbation there by one of Irish Birth Philip O Sullevan wherein the Spaniard is taught that the ready way to establish his Monarchy for that is the only thing he mainly aimeth at and is plainly there confessed is first to set upon Ireland which being quickly obtained the Conquest of Scotland of England next then of the Low-Countries is foretold with great facility will follow after Neither have we more cause saith my Lord in this regard A distinction of the Irish. to be afraid of a forreign Invasion than to be jealous of a Domestick Rebellion Where least I be mistaken as your Lordships have been lately I must of necessity put a difference betwixt the Inhabitants of this Nation some of them are descended of the Race of the antient English or otherwise hold their Estates from the Crown and have Possessions of their own to stick to who easily may be trusted against a forreign Invader although they differ from the State in matter of Religion for proof of which fidelity in this kind he saith he need go no farther than the late Wars in the time of the Earl of Tyrone wherein they were assaulted with as powerful Temptations to move them from their Loyalty as possibly could be afterwards presented unto them for at that time not only the King of Spain did confederate himself with the Rebels and landed his Forces at Kingsale for their assistance but the Bishop of Rome also with his Breves and Bulls sollicited the Nobility and Gentry of Ireland to Revolt from their Obedience to the Queen declaring that the English did fight against the Catholick Religion and ought to be oppugned as much as the Turks importing the same favours to such as should set upon them as he doth unto such as fight against the Turks and finally promising unto them that the God of Peace would tread down their Enemies under their feet speedily And yet for all the Popes promises and threatnings which were also seconded by a Declatation of the Divines of Salamanca and Valledolid not only the Lords and Gentlemen did constantly continue their Allegiance to the Queen but were also encouraged so to do by the Priests of
great loss whether it turned to the benefit of the Queen or no is not known But to the Treasurers and Paymasters without doubt it brought in good gain whose avarice which is a diligent searcher of hidden gains may seem to have devised it The Money now generally used in Ireland there being little of English because prohibited to be transported thither beyond the summe of five pounds as I take it for the better encouragement of Trade between both Kingdoms is most of all Spanish Coyn to wit pieces of Eight at 4 s. 6 d. the piece consisting of Plate pieces Mexico and old Peru with half and quarter pieces The new Perues whereof there was a good quantity being not long since called in and by reason they were thought to be abused and falsified converted into Plate to the great benefit of some in Dublin and the no small loss at that time of a great many people in Ireland A piece of old English Gold is hardly to be seen in Ireland except what is closely kept in private hands though there was a great proportion thereof before the late Wars which commonly passed from hand to hand in ordinary Payments There is a small quantity of Brass Coyn that is used there for the conveniency of change I have already hinted Buildings how that the Irish by reason of their Barbarous Laws and Customs did never build any Houses of Brick or Stone some few poor Religious Houses excepted before the Reign of King Henry the Second which seems as manifest as strange by the entertainment of the said King received at their chief City of Dublin Anno 1172. who was unavoidably necessitated for meer accommodation finding there no fit place for his reception to set up a long house made of smoothed Wattles after the manner of the Country wherein he pompously entertained the greâ—t Irish Lords and Princes at Christmas All their Forts Castles Stately Buildings and other Edifices were afterwards Erected by the English except as I said some of the Maritine Towns which were built by the Ostmanni or Easterlings who antiently came and Inhabited Ireland The Buildings of Ireland much improved by the last forty years Peace During the last forty years peace in Ireland there were many lovely Houses built through most part of that Kingdom by the English Nobility and Gentry with delicate improvements in Orchards Gardens and Inclosures correspondent thereunto There was also at the same time by way of imitation the like good indeavours of making handsome Improvements and Buildings by the better sort of Irish both in Towns and Country But the fair Dwellings of the English were so badly handled by the Irish in the heat of the War that scarce any part of them except the main Walls escaped from fireing upon which being generally made of Massy Stone the English have rebuilt and are building besides a great number upon new foundations many fair Structures But that which has been hitherto The Nasty Irish Cabbins a great blemish to Ireland and I doubt will ever hereafter be a blemish to the flourishing state of Ireland in point of Building is the great number of Nasty-Smoaky-Cabbins every where made up of Wattles without any Chimnies wherein the poorer sort of Irish do well which cannot be altogether ascribed to their meer poverty and antient custom but rather much more to the uncertainty of the tenure whereby they hold the same being Tenants only but from May to May that so they may more easily quit their Station and try their fortunes else where for an other year though many times to as little effect in case they find themselves over-much opprest by their Landlords Their Parish Churches were generally as meanly built in Ireland as their practice was in Religion but now that the Country comes to be inhabited by a more civil and better Principled people it may be justly hoped and likewise expected that there will be by degrees a Reformation in this particular as well as in other matters of less moment since the handsome building and adorning of Churches do conduce much to draw the rude people to the the reverencing and frequenting thereof CHAP. II. Of the Inhabitants their Laws Religion and Manners Of their Number Language Stature Dyet Attire Recreations Names and Sir-names I have already declared how it is most probable that the first Inhabitants of this Island came hither out of Britain Inhabitants and Laws now called England and Wales And therefore shall proceed to give some farther Account touching the Laws of this Realm both Ancient and Modern The Brehon Law by which the Irish governed themselves was a Rule of Right unwritten but delivered by Tradition from one to another in which often times there appeared great shew of Equity in determining the Right between party and party but in many things repugning quite both to Gods Law and Mans The partiality and impiety of the Brehon Irish Law As for example in the case of Murder the Brehon that is their Judge would compound between the Murderer and the Friends of the party Murdered which Prosecuted the Action that the Malefactor should give unto them or to the Child or Wife of him that is slain a recompence which they called an Eriach By which vile Law of theirs many Murders amongst them were made up and smothered And this Judge being as he was called the Lords Brehon adjudged for the most part a better share unto this Lord that is the Lord of the Soil or the head of that Sept and also unto himself for his judgment a greater portion then unto the Plaintiffs or parties grieved Sir Edward Poynings the best Reformer of the Laws of Ireland He that gave the fairest beginning to the Reformation of the Laws of Ireland of any till his time was Sir Edward Poynings Lord Deputy of Ireland in the Reign of King Henry the Seventh who finding in that Realm nothing but a common misery took the best course he possibly could to establish there a well governed Common-wealth and to that end he held a Parliament no less famous than that of Kilkenny and more available for the Reformation of the whole Kingdom For whereas all wise men did ever concur in opinion that the readiest way to Reform Ireland was to settle a form of Civil Government there conformable to that of England To bring this to pass Sir Edward Poynings did pass an Act 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 provided also for the time to come For he caused an other Law to be made that no Act should be propounded in any Parliament of Ireland but such as should be first Transmitted into England and approved by the King and Council there as good and expedient for that Land and so returned back again under the Great Seal of England This Act though it seem Prima facie to restrain
the Liberty of the Subjects of Ireland yet was it made at the Prayer of the Commons upon just and important cause For the Governors of that Realm especially such as were of that Country Birth Poynings Act made at the request of the Commons of Ireland had laid many opprssions upon the Commons And amongst the rest they had imposed Laws upon them not tending to the general good but to serve private turns and to strengthen their particular factions This moved them to refer all Laws that were to be past in Ireland to be considered corrected and allowed first by the State of England which had alwaies been tender and careful of the good of this people and had long since made them a Civil Rich and Happy Nation if their own Lords and Governors 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 four Shires onely within the English Pale for out of that little Precinct there were no Lords Knights or Burgesses Summoned to the Parliament neither did the Kings Writ run in any other part of the Kingdom and for that cause specially he caused all the Acts of Parliament lately before holden by the Viscount of Gormanston to be repealed and made void On these foundations they have raised many superstructures both of Law and Government enacted in their own Parliaments summoned by the Lord Deputy at the Kings appointment Amongst many inconveniences which have been observed in the Laws of England in relation to the Government of Ireland whereof a reformation was wisht this was a main one That when any of the Irish intended to go into Rebellion Entailing of Lands supported the Rebellions in Ireland they would convey away all their Lands and Lordships to Feoffees in trust whereby they reserved to themselves but a State for term of life which being determined by the sword or by the halter their Lands straight came to their heirs and the Crown of England defrauded of the intent of the Law which laid that grievous punishment upon Traytors to forfeit all their Lands to the Prince to the end that men might the rather be terrified from committing treasons for many which would little esteem of their own lives yet for remorse of their Wives and Children would be with-held from that heinous crime This appeared plainly in the late Earl of Desmond For before his breaking forth into open Rebellion he had conveyed secretly all his Lands to Feoffees of trust in hope to have cut off her Majesty from the Escheat of his Lands which inconvenience though well enough avoided at that time by an Act of Parliament obtained with much difficulty which by cutting off and frustrating all such conveyances as had at any time by the space of twelve years before his Rebellion been made within the compass whereof the fraudulent Feoffment and many the like of others his accomplices and fellow traytors were contained gave all his Lands to the Queen yet were it not an endless trouble supposing such Acts were easily brought to pass that no Traitor or Fellon should be attainted but a Parliament must be called for bringing of his Lands to the Crown which the Law giveth it Although since the time of St. Patrick Anno 430 Christianity was never extinct in Ireland Religion yet the Government being hailed into contrary factions the Nobility lawless the multitude wilful it came to pass that Religion waxed with the temporal common sort cold and feeble untill the Conquest by King Henry the Second did settle it The Honourable state of Marriage they much abused either in contracts unlawful meetings the Levitical and Canonical degrees of prohibition or in divorcements at pleasure or in omitting Sacramental solemnities or in retaining either Concubines or Harlots for Wives yea where the Clergy were faint they could be content to Marry for a year and a day of probation and at the years end to return her home upon any light quarrels if the Gentlewomans friends were weak and unable to avenge the injury Never was there heard of so many dispensations for Marriage as those men show I pray God grant they were all authentick and builded upon sufficient warrant The Disorders of the Church of Ireland about the latter end of Q. Elizabeths Reign and the causes of it About the latter end of Queen Elizabeths Reign the Church of Ireland was infested not onely with gross Symony greedy covetousness fleshly incontinency careless sloath and generally a disordered life in the common Clergy-men But besides all these had their particular enormities for all the Irish Priests which then enjoyed the Church-livings were in a manner meer Lay-men saving that they had taken holy Orders but otherwise they did go and live like Lay-men follow all kind of Husbandry and other worldly affairs as other Irish men did They neither read Scriptures nor preach to the People nor administer Communion but Baptism they did for they Christened then after the Popish fashion onely they took the Tithes and Offerings and gathered what fruit else they might of their Livings the which they converted as badly and some of them they said paid as due Tributes and Shares of their Livings to their Bishops I mean those which were Irish as they received them duly Which shameful abuses the English Governours could not redress because they knew not the parties so offending for the Irish Bishops had their Clergy in such aw and subjection under them that they durst not complain of them so as they might do to them what they pleased for they knowing their own unworthiness and incapacity and that they were still removeable at their Bishops will yielded to what pleased him and he took what he listed yea and some of them whose Diocesses were in remote parts somewhat out of the Worlds eye did not at all bestow the Benefices which were in their own donation upon any but kept them in their own hands and did set their own Servants and horse-boys to take up the Tithes and Fruits of them with the which some of them purchased great Lands and built fair Castles upon the same Of which abuse if any question were moved they had a very seemly colour and excuse that they had no worthy Ministers to bestow them upon but kept them so unbestowed for any such sufficient person as should be offered unto them To meet with this mischief there was a Statute enacted in Ireland which seems to have been grounded upon a good meaning That whatsoever English-man of good conversation and sufficiency should be brought to any of the Bishops and nominated unto any Living within their Diocess that were presently void that he should without any contradiction be admitted thereunto before any Irish which good Law though it had been well observed and that none of the Bishops had transgressed the same yet it wrought no Reformation thereof for many defects First there
were no such sufficient English Ministers sent over as might be presented to any Bishop for any Living but the most part of such English as came over thither of themselves were either unlearned or men of some bad note for which they had forsaken England So as the Bishop to whom they should have been presented might justly reject them as incapable and insufficient Secondly the Bishop himself being perhaps an Irish man who being made Judge by that Law of the sufficiency of the Ministers might at his own Will dislike of the English man as unworthy in his Opinion and admit of any Irish whom he should think more for his turn And if he should at the Instance of any English man of countenance there whom he would not displease accept of any such English Minister as should be tendered unto him yet he would under-hand carry such a hard hand over him or by his Officers wring him so sore that he would soon make him weary of his poor Living Lastly the Benefices themselves were so mean and of so small profit in those Irish Countreys through the ill husbandry of the Irish people which did inhabit them that they would not yeild any competent maintenance for any honest Minister to live upon scarcely to buy him a Gown And had all this been redressed yet what good should any English Minister have done amongst them by teaching or preaching unto them which either could not understand him or would not hear him Or what comfort of life could he have where his Parishoners were so insatiable so intractable so ill affected to him as they usually are to all the English Or finally how durst almost any honest Ministers that were peaceable civil men commit their safety to the hands of such Neighbours as the boldest Captains durst scarce dwell by The Church of Ireland much Reformed of late But these Obstructions by the special Providence of God appearing in the late Revolutions of Ireland seems upon the matter to be wholly taken away for first there are now in Ireland together with other Divines that commonly repair thither out of England and Scotland a sufficient number of able Ministers bred up in Trinity Colledge at Dublin to supply the above mentioned first Defect Secondly all the Bishops of Ireland are now worthy learned Protestants who with all the endeavours they can do incourage Protestant Ministers to settle themselves in such convenient places as they may do God and that Countrey good service and themselves have thereby a comfortable subsistance Besides the English Magistracy and Gentry being now so generally dispersed through all parts of Ireland do give great countenance to the Protestant Ministry to proceed cheerfully and industriously in their Vocations Lastly the Benefices themselves are now by the industry and good husbandry of the British Planters together with the uniting of two or three Parishes into one to supply the imperfect Plantation thereof become so considerable and will much more hereafter when fully Planted as to be able to yeild a competent maintenance for honest learned Ministers to live upon and which is a farther encouragement to them have already very considerable Congregations of Protestant-Plantres through most parts of the Kingdom to attend upon Divine Service every Sabbath-day The Revenues of the Church oâ— Ireland have much encreased of late in this manner The Revenues of the Church of Ireland much increased of late and the manner how First it was observed that the Clergy of this Countrey were formerly little beholding to their Lay-Patrons some of their Bishops being so poor that they had no other Revenues than the Pasture of two Milch Beasts And so far had the Monasteries and Religious Houses invadeâ— by Appropriations the Churcheâ— Rites that of late times in the wholâ— Province of Connaght the whole stipend of the Incumbent was not above forty shillings in some placeâ— not above sixteen So that the pocâ— Irish must needs be better fed thaâ— taught For ad tenuitatem Benefici orum necessario sequitur ignorantia Sacerdotum Poor Benefices will be fitted with ignorant Priests said Panormitan rightly But this was remedied in part by his Sacred Majesty King Charles the Second Monarch of Great Britain who liberally aâ— the Suit of the late Lord Arch-Bishop of Canterbury restored unto this Chuch all the Impropriations and portions of Tithes which had been vested in the Crown An Action of most singular Piety and Princely Bounty Secondly King James out of the forfeited Lands of the six Counties in Vlster allowed fair proportions of Land as Gleabable to those Parishes within the said forfeited Counties which has caused them for so much to be counted better Livings for Ministers than in any other part of that Kingdom Thirdly That by the care the Earl of Strafford had while he was Lord Deputy of Ireland to increase the Revenues of that Church he recovered by Law Suits great quantities of Land in many parts of Ireland which the Church enjoys to this very day Fourthly and lastly That the whole Kingdom of Ireland may be justly thought to be so far improved during the last forty years peace by the industry of the British Planters and by the Irish also in imitation of the same as that all the Lands thereof and consequently the Tythes in proportion came to be worth in yearly value four or five times more than it ever amounted unto in any former Age And therefore we need not much marvel how that this last Rebellion Anno 1641. became more bloudy and universal than any of the former the Popish Irish Clergy and Lawers well understanding that the Sovereign Command of Ireland was now worth the contending for Bishopricks of Ireland Reckoned in Ireland at and since the Reformation four Arch-bishops nineteen Bishops and one University viz. Dublin Manners The Irish have long since had the Character of being Religious Frank Amorous Ireful Sufferable of pains infinite very glorious many Sorcerers excellent Horse-men delighted with Wars great Alms-givers passing in Hospitality The lewder sort both Clerks and Lay-men sensual and loose to Leachery above measure The same being virtuously bred up or Reformed are such mirrours of Holiness and Austerity that other Nations retain but a shew or shadow of Devotion in comparison of them As for Abstinence and Fasting which these days make so dangerous this is to them a familiar kind of Chastisement In which virtue and divers other how far the best excel so far in Gluttony and other hateful Crimes the Vitious they are worse than too bad They follow the dead Corps to the grave with hollowings and barbarous out-cryes pittiful in appearance whereof grew as I suppose the Proverb To weep Irish These people of late times The good agreement bewixt the Irish and the English in Ireland during the last forty years peace were so much civilized by their Cohabitation with the English as that the antient Animosities and Hatred which the Irish had been ever observed to
Affairs of that Kingdome expecting direction from hence the delays whereof were oftentimes through other greater affairs most irksome the oportunities there in the mean time past away and greater danger did often grow which by such timely prevention might easily have been stopped And this is worthily observed by Machiavel in his discourses upon Livie where he commendeth the manner of the Romans Government in giving absolute Power to all their Councellors and Governors which if they abused they afterwards should dearly answer And the contrary thereof he reprehendeth in the States of Venice of Florence and many other Principalities of Italy who use to limit their chief Officers so strictly as that thereby they have oftentimes lost such happy occasions as they could never come unto again The like whereof who so hath been conversant in the Government of Ireland especially during Queen Elizabeths Reign hath too often seen to their great hindrance and hurt That besides the want of Power there were eminent defects observed in the managemet of the publick Affairs of Ireland Besides this want of Power which did hinder the good Reformation of Ireland there were eminent defects noted in the mangement of the publick Affairs of that Kingdom by some of the chief Governors thereof who seeing the end of their Government to draw nigh and some mischiefs and practices growing up which afterwards might work trouble to the next succeeding Governor would not attempt the redress or cutting off thereof either for fear they should leave the Realm unquiet at the end of their Government or that the next that came should receive the same too quiet and so happily win more praise thereof than they before And therefore they would not seek at all to repress that evil but would either by granting protection for a time or holding some emparlance with the Rebel or by treaty of Comissioners or by other like devices only smother and keep down the flame of the mischief so it might not break out in their time of Government what came afterwards they cared not or rather wish'd the worst To this may be added The savoring of the Irish and depressing of the English an ill practice by some of the Lord Deputies of Ireland that when the Irish have been broken by the Sword of one Governour and thereby consequently made fit and capable for subjection another succeeding as it were into his harvest and finding an open way made for what course he pleased bent not to that point which the former intended but rather quite contrary and as it were in scorn of the former and in vain vaunt of his own Councels would tread down and disgrace all the English and set up and countenance the Irish all that he he could thereby to make them more tractable and buxome to his Government wherein he thought much amiss for surely his Government could not be sound and wholsome for that Realm it being so contrary to the former For it was even as two Physicians should take one sick body in hand at two sundry times of which the former would minister al things meet to purge and keep under the body the other to pamper and strengthen it suddenly again whereof what is to be looked for but a most dangerous relapse Therefore by all means it ought to be fore-seen and assured that after once entering into this course of Reformation there be afterwards no remorse nor drawing back for the sight of any such rueful objects as must thereupon follow nor for compassion of their Calamities seeing that by no other means it is possible to cure them and that these are not of will but of very urgent necessâ—ty The Lord Lieutenant The Lord Deputies of Ireland assâ—sted by a Privy Councel or Lord Deputy of Ireland hath for his assistance a Privy Councel attending on him though resident for the most part at Dublin and in emergencies or cases of more difficult nature proceedeth many times in an arbitrary way without formalities of Law Sir Henry Sidney Lord Deputy of Ireland in Queen Elizabeths time The Lords Presidents of Connaght and Mounster instituted in Queen Elizabeths time to enure and acquaint the People of Mounster and Connaght with the English Government again which had not been in use among them for the space of two hundred years before he instituted two Presidency Courts in those two Provinces placing Sir Edward Fitton in Connaght and John Perrot in Mounster The Lord President of Mounster hath one Assistant twelve learned Lawyers and a Secretary CHAP. IV. Of the Title changed from Lord to King of Ireland in the time of Henry the Eighth Of the Titles of the Crown to every part of Ireland and to the whole diverse ways And several claims to the Land of Ireland Of the Revenue and Strength Title altered from Lord to King SIR Anthony Saint-Leger Lord Deputy of Ireland in a Parliament which he held the 33. of Henry 8. caused an Act to pass which gave unto King Henry the Eighth his Heirs and Successors the Name Stile and Title of King of Ireland Whereas before that time the Kings of England were stiled but Lords of Ireland Although indeed they were absolute Monarchs thereof and had in right all Royal and Imperial Jurisdiction and Power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher than the name of Lord assuredly the assuming of this Title hath not a little raised the Sovereignity of the Kings of England in the minds of this people And because it hath been doubted by some whether we might Lawfully fight against the Irish I shall for farther satisfaction here insert the Right and Title the Crown of England hath to the Kingdom of Ireland as to every part of it and to the whole divers ways I will begin with the Pedigree of William Earl Marshal Title to Leinster for thereupon depend many Records in Ireland and the King of Englands Right to Leinster Walter Fitz Richard who came from Normandy with William the Conqueror died Lord Strongbow of Strigule alias Chepstow without Issue to whom succeeded his Sisters Son who was created the first Earl of Pembroke and had Issue Richard the inheritor of Leinster by a Covenant and Marriage of Eva the Sole Daughter of Mac Murrough King of Leinster This Richard conveyed to Henry the Second all his Title and held of him the Lordship of Leinster in four Counties Wexford Catherlagh Ossory and Kildare Richard left Issue a Daughter Issabel married to William Earl Marshal of England now Earl of Pembroke Lord Strongbow and Lord of Leinster William had Issue five Sons who died without Issue when every of them except the youngest had successively possessed their Fathers Lands and five Daughters Maud Jone Issabel Sibil and Eve among whom the Patrimony was parted Anno 31. H. 3. Of these Daughters bestowed in Marriage are descended many Noble Houses as the Mortimers Bruises Clares
c. born Subjects to the Crown of England paying ever to the King his Duties reserved Title to Meth. Hugh de Lacy Conquerour of Meth had Issue Walter de Lacy who held the same of King John paying a Fine of four thousand Marks Sterling and hence began all the several Claims there with Alegiance sworn and done by their Ancestors Title to Mounster At the very first arrival of Henry the Second the Princes of Mounster came universally and did homage voluntarily and acknowledged to him and his Heirs Duties and pays for ever John de Courcy Conquerour and Earl of Vlster dyed without Issue Title to Ulster Connaght King John Lord of Ireland gave the Earldome to Hugh de Lacy who who had Issue Walter and Hugh who died without Issue and one Daughter married to Reymond Burke Conquerour and Lord of Connaght Connaght descended to divers Heirs owing service to the Prince but Vlster returned by devolution to the special Inheritance and the Revenues of the Crown of England in this manner The said de Burgo had Issue Richard who had Issue John who had Issue William who was slain without Issue and a Daughter Elizabeth entitled to thirty thousand Marks yearly by the Earldome of Vlster whom Edward the Third gave in marriage to Lionel his second Son Duke of Clarence who had Issue a Daughter Philippe married to Edward Mortimer who had Issue Edmund Anne Elianor Edmund and Elianor died without Issue Anne was married to Richard Earl of Cambridge Son to Edmund of Langley Duke of York fift Son to Edward the Third which said Richard had Issue Richard Plantaginet Father to Edward the Fourth Father to Elizabeth Wife to Henry the Seventh and Mother to Henry the Eighth Father to Mary Edward the Sixth and Elizabeth Several Claims to the Land of Ireland Several claims to the Land of Ireland 1. Mac Gil-murrow King of Ireland with all his Petty Princes Lords and Captains summoned to King Arthurs Court held in Carlion Anno 519. did accordingly their homage and attended all the while his great Feast and Assembly lasted 2. The Monarch of all Ireland and all other both Reges and Reguli for them and for theirs for ever betook themselves to Henry the Second An. Dom. 1172. namely those of the South whiles he lay at Waterford Dermot K. of Corke which is the Nation of the Mac Cartyes at Cashel Donald K. of Limrick which is the Nation of the Obrenes Donald K. of Ossory Mac Shaghlon King of Ophaly at Divelin did the like Okernel King of Vriel Ororick King of Meth Roderick King of all Ireland and of Connaght This did they with consents and shouts of their People and King Henry returned without any Battle given Only Vlster remained which John de Courcy soon after conquered and Oneale Captain of all the Irish there came to Dublin to Richard the Second An. 1399. and freely bound himself by Oath and great Sums of Money to be true to the Crown of England 3. The same time O Brien of Thomond Oconar of Connaght Arthur Mac Murrow of Leinster and all the Irish Lords which had been somewhat disordered renewed their Obedience 4. When Ireland first received the Christian Faith they gave themselves into the Jurisdiction both Spiritual and Temporal of the See of Rome The Temporal Lordship Pope Adrian conferred upon Henry the Second and he gave the same to John his younger Son afterwards King of England and so it returned home to the Crown 5. Alexander the Third confirmed the Gift of Adrian as in both their Charters is expressed at large 6. Vivian the Legate on the Popes behalf did Accurse and Excommunicate all those that fell from the Obeysance of the Kings of England 7. The Clergy twice Assembled once at Cashell secondly at Armagh plainly determined the Conquest to be Lawful and threatnad all people under pain of Gods and holy Churches indignation to accept of the English Kings for their Lords from time to time 8. It would ask a Volume to recite the Name of such Irish Princes who since the Conquest have continually upon Occasions Revolts or Petitions sworn Truth and Faith to the Kings of England and from time to time received Honors Wages Fees Pardons and made Petitions And thus I think no reasonable man will doubt of a Right so old so continued so ratified and so many ways confessed The Kings Revenue in Ireland was spent and wholy exhausted in the publick service and therefore The Kings Revenue in Ireland wholy spent on that Kingdome in all the ancient Pipe-Rolls in the times of King Henry the Third Edward the First Edward the Second and Edward the Third between the Receipts and Allowances there is this entrie In Thesauro nihil For the Officers of the State and the Army spent all so as there was no surplusage of Treasure And here I may well take occasion to shew the vanity of that which is reported in the Story of Walsingham touching the Revenue of the Crown in Ireland which he saith did amount to thirty thousand Pounds a year in the time of King Edward the Third The vain story of 30000 l. yearly Revenue in E 3ds time refuted If this Writer had known that the Kings Courts had been established in Ireland more than a hundred years before King Edward the Third was born or had seen either the Parliament Rolls in England or the Records of the Receits and Issues in Ireland he had not left this vain report to Posterity for both the Benches and Exchequer were erected in the twelfth year of King John And it is Recorded in the Parliament Rolls of 21. of Edward the Third remaining in the Tower that the Commons of England made Petition that it might be enquired why the King received no benefit of his Land in Ireland considering he possessed more there than any of his Ancestors had before him Now if the King at that time when there were no standing Forces maintained there had received thirty thousand pounds yearly at his Exchequer in Ireland he must needs have made profit by that Land considering that the whole charge of the Kingdome in the 47th year of Edward the Third when the King did pay an Army there did amount to no more than eleven thousand and two hundred pounds per Annum as appeareth by the Contract of William Winsore Besides it is manifest by the Pipe-Rolls of that time whereof many are yet preserved in Breminghams Tower and are of better credit than any Monks story that during the Reign of King Edward the Third the Revenue of the Crown of Ireland both certain and casual did not rise unto ten thousand pound per Annum though the medium be taken of the best seven years that are be found in that Kings time The like Fable hath Hollingshead touching the Revenue of the Earldome of Vlster which saith he in the time of King Richard the Second was thirty thousand Marks by the year Whereas in
those parts so as now the whole Kingdome began exceedingly to flourish in costly Buildings and all manner of improvements the people to multiply and increase and the very Irish seemed to be much satisfied with the benefits of that peaceable Government and general tranquility which they so happily enjoyed 6. By the purchase of great quantities of Land by the Eng. in Ireland during the last forty years peace 6. During the continuance of this happy peace which lasted about forty years divers English purchased great quantities of Land in Ireland to plant upon 7. And last of all by that universal and most bloudy Rebellion in the year 1441. the Irish propriety except a few of all the Lands and Towns in the Provinces of Munster 7. Last of all by that universal and most a body Rebellion An. 1641. Leinster and Vlster became forfeited and was as I said disposed of between the Soldiers Adventurers and forty nine men Large proportions of Land were also purchased about the same time by the English in the Province of Connaght from the transplanted Irish at Loughreagh and Athlone so that upon the whole matter according to this account the Irish have by their desperate bloudy endeavours of rooting the English wholy out of Ireland dispossessed themselves and their posterity out of above three parts of four of the whole propriety thereof and therefore afforded the English opportunity and advantage to establish for the future such a firm settlement therein That the English by their late vast acquisitions in Ireland will be the better enabled thereby to breed up able Protestant Lawyers Divines for the service of the Church State of Ireland to the great strengthning of the Civil Government as they could never expect or hope for unless by such an inhumane and uuparalleld provocation Besides those particular advantages the English have obtained by these their late vast acquisitions in Ireland whereof a hint before As namely by having already upon the matter a sufficient number of able Protestants to serve as Parliament men High Sheriffs Justices of the Peace Grand and Petty Juries in most Counties in Ireland This one benefit more will be of no small moment to them which is that by their enjoying such plentiful Estates in that Realm they will thereby the better enabled to breed up a sufficient number of Learned Protestant Lawyers and Divines to serve the Publick which will very much tend to the strengthning of the Civil Government of that Kingdom A considerable part of the Profits whereof while in the possession of the Irish being disposed of for the carrying on of the forreign Education they most pernitiously imployed to the ruine of their own Countrey That the Romish Clergy and the Popish Lawyers were great instruments in the first plotting carrying on the Rebellion An. 1641. For it was observed that there were two sorts of persons who did most eminently appear in laying those main Fundamentals whereupon the bloudy Superstructures of the last Rebellion were afterwards easily reared up And these were such of the Popish Lawyers as were Natives of the Kingdome and those of the Romish Clergy of several degrees and orders For the first they had in regard of their Knowledge in the Laws of the Land very great reputation and trust they now began to stand up like great Patriots for the vindication of the liberties of the Subject and redress of their pretended grievances The Irish Lawyers drew a great party in the house of Commons to adhere to them and having by their bold appearing therein made a great party in the House of Commons then sitting at Dublin some of them did there Magisterially obtrude as undoubted maxims of Law the pernicious speculations of their own brain which though plainly discerned to the full virulency and tending to Sedition yet so strangely were many of the Protestants and well meaning men in the House blinded with an apprehension of ease and redress and so stupified with their bold accusations of the Government as most thought not fit others durst not stand up to contradict their fond Assertions so as what they spake was received with great acclamation and much applause by most of the Protestant Members of the Hou e many of which under specious pretenses of publick Zeal to that that Countrey they had inveigled into their party And then it was that having impeached Sir Richard Bolton Lord Chancellor of Ireland of High Treason together with the prime Officers and Ministers of State that were of English birth some of those great Masters took upon them with much confidence to declare the Law to make new Expositions of their own upon the Text to frame their Queries challenges fitter to be taken to a long wilfully overgrown misgovernment than to be made against an an Authority that had for many years strugled against the beloved irregularities of a stubborne people and which had prevailed far beyond former times towards the allaying of the long continued distempers of the Kingdom They disdained the moderate quallifications of the Judges who gave them modest answers such as the Law and duty to their Sovereign would admit But those would not serve their turn they resolved upon an alteration in the Government and drawing of it wholly into the hands of the Natives which they knew they could not compass in a Parliamentary way and therefore only made preparatives there and delivered such desparate Maxims which being diffused abroad would fit and dispose the people to a change As they declared it to be Law that being killed in Rebellion though found by matter of Record would give the King no forfeiture of Estate that though many thousands stood up in Arms in a Kingdom The Irish Lawyers offer'd to maintain absurd positions in point of Law to promote the Rebellion An. 1641. working all manner of destruction yet if they professed not to rise against the King that it was no Rebellion That if a man were Outlaw'd for Treason and his land thereby vested in the Crown or given away by the King his Heir might come afterwards and be admitted to reverse the Outlawry and recover his Ancestors Estate And many other positions of perilous consequence tending to sedition and disturbance did they continue to publish during that Session and by the power and strength of their party so far did they prevail at last as they presumed to attempt a suspension of Poynings Act anâ— indeed intended the utter abrogation of that Statute which remains as one of the greatest tyes and best monuments the English have of their entire dominion over the Irish Nation and the annexion of that Kingdom to the Imperial Crown of England They farther assumed power of Judicature to the Parliament in Criminal and Capital Offences a Right which no former age hath left any president for neither would this admit the Example And thus carrying all things before them they continued the Session of Parliament begun in May
with lesser proportions For when Scipio Pompey and Caesar and other Generals of the Roman Armies as Subjects and Servants of that State and with the Publick Charge had Conquered many Kingdomes and Common-Weals we find them rewarded with Honorable Offices and Triumphs at their return and not made Lords and Proprietors of whole Provinces and Kingdomes which they had subdued to the Empire of Rome Likewise when the Duke of Normandy had Conquered England which he made his own work and perform'd it in his own person he distributed sundry Lordships and Manners unto his Followers but gave not away whole Shires and Countries in Demesne to any of his Servitors whom he most desired to advance Again From the time of the Norman Conquest till the Reign of King Edward the First many of our English Lords made War upon the Welch-men at their own charge the Lands which they gained they held to their own use were called Lords Marchers and had Royal Liberties within their Lordships Howbeit these particular Adventurers could never make a Conquest of Wales But when King Edward the First came in person with his Army thither kept his Residence and Court there made the reducing of Wales an enterprize of his own he finished that work in a Year or two whereof the Lords Marchers had not perform'd a third part with their continual Bordering War for two hundred Years And withall we may observe that though this King had now the Dominion of Wales in jure proprietatis as the Statute of Rutland affirmeth which before was subject unto him but in jure feodali And though he had lost divers principal Knights and Noble men in that War yet did he not reward his Servitors with whole Countries or Counties but with particular Mannors and Lordships As to Henry Lacie Earl of Lincoln he gave the Lordship of Denbigh and to Reighnold Gray the Lordship of Ruthen and so to others If the like course had been used in the winning and distribuiting of the Lands of Ireland that Island had been fully conquered before the Continent of Wales had been reduced But the truth is when private men attempt the Conquest of Countries at their own charge commonly their enterprizes do perish without success as when in the time of Queen Elizabeth Sir Thomas Smith undertook to recover the Ardes and Chatterton to reconquer the Fues and Orier The one lost his Son and the other himself and both their Adventures came to nothing And as for the Crown of England it hath had the like Fortune in the Conquest of this Land as some Purchasers have who desire to buy Land at too easie a Rate they find those cheap Purchasers so full of trouble as they spend twice as much as the Land is worth before they get the quiet possession thereof And as the best policy was not observed in the distribution of the Conquered Lands That the first English Adventurers in Ireland were deceived in the choice of the fittest places to settle their Plantations in so as I conceive that the first Adventurers intending to make a full Conquest of the Irish were deceived in the choice of the fittest places for their Plantation For they sate down and erected their Castles and Habitations in the Plains and open Countries where they found most fruitful and profitable Lands and turned the Irish into the Woods and Mountains Which as they were proper places for Out-laws and Thieves so were they their Natural Castles and Fortifications thither they drave their preys and stealths there they lurkt and lay in wait to do mischief These â—â—st places they kept unknown by making the ways and entries thereunto impassable there they kept their Creaghts or Herds of Cattle living by the Milk of the Cow without Husbandry or Tillage there they encreased and multiplyed unto infinite numbers by promiscuous generation among themselves there they made their Assemblies and Conspiracies without discovery But they discovered the weakness of the English dwelling in the open plains and thereupon made their Sallies and Retreats with great advantage Whereas on the other side if the English had builded their Castles and Towns in those places of fastness and had driven the Irish into the plains and open Countries where they might have had an eye and observation upon them the Irish had been easily kept in order and in short time reclaimed from their wildness There they would have used Tillage dwelt together in Town ships learned Mechanical Arts and Sciences The Woods had been wasted with the English Habitations as they were afterwards about the Forts of Mariborough and Philipston which were built in the fast places in Leinster and the ways and passages throughout Ireland would have been as clear and open as they are in England or Ireland at this day Having thus far recounted the manifold defects mischiefs and impediments that both in the Civil and Martial Affairs so long obstructed the ful Conquest of Ireland I should have here also briefly recited the many good Laws and Ordinances made and enacted from time to time by the Kings of England and the Parliaments in Ireland for redressing the said mischiefs and inconveniences but all fair endeavours and purposes of this kind proving abortive and ineffectual for want of the Sovereign Sword as well as the Royal Scepter to put the same in execution I shall now onely set forth the Nature of the Irish Customs with the evil Consequences thereof and then proceed to a conclusion of this discourse containing those Affairs that shall appear most remarkable in the reigns of Queen Elizabeth King James and King Charles the First and especially in the Reign of our present Gratious Sovereign King Charles the Second in order to the Reformation and good Government of this Realm If we consider the Nature of the Irish Customs The Nature of the Irish Customs destructive to all good Government we shall find that the people which doth use them must of necessity be Rebels to all good Government destroy the Common-Wealth wherein they live and bring Barbarisme and Desolation upon the richest and most fruitful Land of the World For whereas by the just and honorable Law of England and by the Laws of all other well governed Kingdoms and Common-wealths Murder Manslaughter Rape Robbery and Theft are punished with Death By the Irish Custom or Brehen Law the highest of these offences was punished onely with Fine which they called an Erick Therefore when Sir William Fitz-Williams being Lord Deputy told Maguire that he was to send a Sheriff into Farmannagh being lately before made a County your Sheriff said Maguire shall be welcome to me but let me know his Erick or the price of his head before hand that if my people cut it off I may cut the Erick upon the Country As for Oppression Extortion and other trespasses the weaker had never any remedy against the stronger whereby it came to pass that no man could enjoy his Life his Wife his Lands or