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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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first hauing bin Generall of the Irish forces not only in this kingdom but in the Wars of Scotland wales and Gascoigne And therefore Maurice Fitz-Thomas of Desmond beeing then the most actiue Nobleman in this realm tooke vpon him the chiefe command in this Warre for the support whereof the Reuennue of this Lande was farre too short and yet no supply of Treasure was sent out of England Then was there no mean to maintain the Army but by Sessing the soldiers vppon the Subiect as the Irish were wont to impose their Bonaught Whereupon grewe that wicked Extortion of Coigne and Liuerie spoken of before which in short time banished the greatest part of the Free-holders out of the County of Kerrie Limerick Corke and waterford Into whose possessions Desmond and his Kinsmen Alies and Followers which were then more Irish then English did enter and appropriate these Lands vnto themselues Desmond himselfe taking what scopes hee best liked for his demesnes in euery Countrey and reseruing an Irish Seigniory out of the rest And heere that I may verifie maintaine by matter of Record that which is before deliuered touching the Nature of this wicked Extortion called Coigne and Liuery and the manifolde mischiefes it did produce I thinke it fit and pertinent to insert the preamble of the Statute of the 10. of Henry 7. c. 4. not printed but recorded in Parlament Rols of Dublin in these words At the request supplication of the Commons of this Land of Ireland that where of long time there hath bin vsed and exacted by the Lords and Gentlemen of this Land many and diuers damnable customes vsages which bin called Coigne and Liuery and Pay that is Horsemeat and Mansmeat for the finding of their Horsemen and Footmen and ouer that 4. d. or 6. d. daily to euery of them to be had and paide of the poore Earth-Tillers and Tenants inhabitants of the saide Land without any thing doing or paying therefore Besides manie Murders Robberies Rapes other manifold extortions oppressions by the saide Horsemen and Footmen dayly and mightily committed done which bin the principall causes of the desolation destruction of the said Land hath brought the same into Ruine and Decay so as the most part of the English Free-holders and Tenants of this land bin departed out thereof some into the Realme of England and other some to other strange Landes whereupon the foresaide Lordes and Gentlemen of this Land haue intruded into the saide Free-holders and Tenants inheritances and the same keepeth and occupieth as their owne inheritances and setten under them in the same Land the Kings Irish Enemies to the diminishing of Holie Churches Rites the disherison of the King his obedient subiects and the vtter ruine and desolation of the Land For reformation whereof be it enacted That the King shall receiue a Subsidie of 26. s. 8. d. out of euerie 120. acres of arrable land manured c. But to return to Tho Fitz-Maurice of Desmond By this extortion of Coigne and Liuery he suddenly grewe from a meane to a mighty estate insomuch as the Baron Finglas in his discourse of the Decay of Ireland affirmeth that his ancient inheritance beeing not one thousand markes yearely he became able to dispend euery way ten thousand pounds per annum These possessions being thus vnlawfully gotten could not bee maintained by the iust and honorable law of England which would haue restored the true Owners to their Land againe And therefore this Greatman found no meanes to continue vphold his ill-purchased greatnesse but by reiecting the English Law Gouernment and assuming in lieu therof the barbarous customs of the Irish. And heereupon followed the defection of those foure shires containing the greatest part of Munster from the obedience of the Law In like manner saith Baron Finglas the Lord of Tipperary perceiuing how well the house of Desmond hadde thriued by Coigne and Liuerie and Other Irish exactions began to holde the like course in the Counties of Tipperary and Kilkenny whereby he got great scopes of Land specially in Ormond and raised many Irish exactions vpon the English Free-holders there which made him so potent absolut among thē as at that time they knew no other Lawe then the will of their Lord. Besides finding that the Earle of Desmond excluded the ordinary Ministers of Iustice vnder colour of a Royall Liberty which he claimed in the Counties of Kerry Corke and waterford by a graunt of King Edward the first as appeareth in a Quo warranto brought against him Anno 1. Edw. 1. the Record wherof remaineth in Breminghams Tower among the common Plea-Rolles there This Lord also in the third of Edward the thirde obtained a Graunt of the like Liberty in the County of Tipperary whereby he got the Lawe into his owne hands shut out the Common Law and Iustice of the Realme And thus we see that all Munster fell away from the English Lawe and Gouernment in the end of King Edward 2. his raigne and in the beginning of the raigne of King Edward the third Againe about the same time viz in the 20. yeare of King Edward the second when the State of England was well-ny ruined by the Rebellion of the Barons and the Gouernment of Ireland vtterly neglected there arose in Leinster one of the Cauanaghes named Donald Mac Art who named himselfe Mac Murrogh King of Leinster and possessed himselfe of the Countie of Catherlogh and of the greatest part of the County of wexford And shortly after Lisagh O Moore called himselfe O Moore tooke 8. Castles in one Euening destroyed Dunamase the principall house of the L. Mortimer in Leix recouered that whole Countrey De seruo Dominus de subiecto princeps effectus saith Friar Clynne in his Annalles Besides the Earle of Kildare imitating his Cosin of Desmond did not omit to make the like vse of Coigne Liuery in Kildare and the West part of Meth which brought the like Barbarisme into those parts And thus a great part of Leinster was lost and fell away from the Obedience of the Crowne neere about the time before expressed Againe in the seauenth yeare of King Edward the third the Lord VVilliam Bourke Earle of Vlster and Lorde of Conaght was treacherously murdered by his owne Squires at Knockefergus leauing behinde him Vnicam vnius annifiliam saith Friar Clynne Immediately vpon the murder committed the Countesse with her yong daughter fledde into England so as the Gouernment of that Countrey was wholly neglected vntil that young Ladie beeing married to Lionell Duke of Clarence that Prince cam ouer with an Army to recouer his wiues inheritance and to reforme this Kingdom Anno 36. of Edward the third But in the meane time what became of that great inheritance both in Vlster Conaght Assuredly in Vlster the Sept of Hugh Boy O Neal then possessing Glaucoukeyn and Killeightra in Tyrone tooke the
had reiected the English Lawes and submitted themselus to the Irish with whom they had many Mariages and Alliances which tended to the vtter ruine destruction of the commonwealth Therefore alliaunce by Marriage Nurture of Infants and Gossipred with the Irish are by this Statute made High-treason Againe if anie man of English race should vse an Irish Name Irish Language or Irish Apparrell or any other guise or fashion of the Irish if he had Lands or Tenements the same should be seized til he had giuen security to the Chancery to conform himself in al points to the English maner of liuing And if he had no Lands his bodie was to be taken and imprisoned til he found Sureties as aforesaide Againe it was established and commanded that the English in all their Controuersies should bee ruled and gouerned by the common Lawe of England and if any did submit himselfe to the Brehon Law or March law he should be adiudged a Traitor Againe because the English at that time made warre and peace with the bordering enemy at their pleasure they were expresly prohibited to leauie warre vpon the Irish without speciall warrant and direction from the State Againe it was made paenall to the English to permit the Irish to Creaght or graze vpon their Landes to present them to Ecclesiasticall Benefices to receiue them into any Monasteries or Religious Houses or to entertaine any of their Minstrels Rimers or Newes-tellers to impose or sesse any Horse or Footvppon the English Subiects against their willes was made felony And because the great Liberties or Franchises spoken of before were become Sanctuaries for all Malefactours expresse power was giuen to the Kinges Sheriffes to enter into all franchises and there to apprehend all Fellons and Traitours And lastly because the great Lordes when they leuied forces for the publick seruice did lay vnequall burdens vpon the Gentlemen and Free-holders it was ordained that foure Wardens of the peace in euery Countie should set downe and appoint what men and Armour euery man should beare according to his Free-hold or other ability of estate THese and other Lawes tending to a generall reformation were enacted in that Parliament And the Execution of these Lawes together with the Presence of the Kings Son made a notable alteration in the State and Manners of this people within the space of seauen yeares which was the tearme of this Princes Lieutenancy For all the Discourses that I haue seene of the Decay of Ireland doe agree in this that the presence of the Lord Lionel and these Statutes of Kilkenny did restore the English gouern ment in the degenerate Colonies for diuers yeares And the Statute of the tenth of Henry the seuenth which reuiueth and confirmeth the Statutes of Kilkenny doth confirme as much For it declareth that as long as these Lawes were put in vve and execution this Lande continued in prosperity and honor and since they were not executed the Subiectes rebelled and digressed from their allegeance and the Land fell to ruine and desolation And withall wee finde the effect of these Lawes in the Pipe-Rolles and Plea-Rolles of this Kingdome For from the 36. of Edward 3. when this Prince entred into his Gouernment till the beginning of Richard the second his Raigne we find the Reuennue of the Crowne both certaine and casuall in Vlster Munster and Conaght accounted for and that the Kings Writ did run and the Common-Law was executed in euery of these Prouinces I ioyne with these Lawes the personall presence of the Kinges Son as a concurrent cause of this Reformation Because the people of this Land both English Irish out of a naturall pride did euer loue desire to be gouerned by great persons And therefore I may heere iustly take occasion to note that first the absence of the Kings of England and nexte the absence of those great Lords who were inheritors of those mighty Seigniories of Leinster Vlster Conaght and Meth haue bin maine causes why this kingdome was not reduced in so many ages TOuching the absence of our Kinges three of them onely since the Norman Conquest haue made royall iournies into this Land namely K. Henrie the second King Iobn and king Richard the second And yet they no sooner arriued heere but that all the Irishry as if they had bin but one man submitted them-selues tooke Oaths of fidelity and gaue pledges hostages to continue loyall And if any of those Kings hadde continued heere in person a competent time till they had setled both English Irish in their seuerall possessions and had set the Law in a due course throughout the Kingdom these times wherein we liue had not gained the honor of the finall Conquest and reducing of Ireland For the King saith Salomon dissipat omne malum intuitu suo But when Moses was absent in the Mount the people committed Idolatry when there was no king in Israel euery man did what seemed best in his own eies And therfore when Alexander had conquered the East part of the world and demaunded of one what was the fitest place for the seat of his Empire he brought and laid a dry hide before him and desired him to set his foote on the one side thereof which being done all the other parts of the Hide did rise vp but when he did set his foot in the middle of the Hide all the other parts lay flat and euen Which was a liuely demonstration that if a Prince keep his residence in the Border of his Dominions the remoate parts will eafily rise and rebell against him but if he make the Center therof his seat he shall easily keepe them in peace and obedience TOuching the absence of the great Lords All Writers doe impute the decay and losse of Leinster to the absence of these English Lords who maried the fiue Daughters of william Marshall Earle of Pembroke to whom that great Seigniory discended when his fiue sonnes who inherited the same successiuely and during their times held the same in peace obedience to the Law of England were all dead without Issue which hapned about the fortith yeare of King Henrie the third for the eldest beeing married to Hugh Bigot Earle of Norfolke who in right of his wife had the Marshalship of England The second to VVarren de Mountchensey whose sole daughter and heire was matcht to william de Valentia halfe Brother to K. Henrie 3. who by that match was made Earle of Pembroke The third to Gilbert de Clare earl of Glocester The fourth to william Ferrers Earle of Darby The fift to william de Bruce Lord of Brecknocke These great Lordes hauing greater inheritances in their owne right in England then they hadde in Ireland in right of their Wiues and yet each of the Coparceners had an entire Countie allotted for her purparty as is before declared could not bee drawne to make their personal