Lord of Desmond and Kerry within that County All these appear upon Record and were all as ancient as the time of King John onely the liberty of Tipperary which is the onely Liberty that remaineth at this day was granted to James Butler the first Earl of Ormond in the third year of King Edward the third 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 Seneshals Sheriffs Coroners and Escheators so as the Kings Writ did not run in these Counties which took up more than two parts of the English Colonies but onely in the 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 As in Meath we find a Sheriff of the Liberty and a Sheriff of the Cross And so in Vlster and so in Wexford And so at this day the Earl of Ormond maketh a Sheriff of the Liberty and the King a Sheriff of the Cross of Tipperary Hereby it is manifest how much the Kings Jurisdiction was restrained and the power of these Lords enlarged by these High Priviledges And it doth further appear by one Article among others preferred to King Edward the third touching the Reformation of the state of Ireland which we find in the Tower in these words Item les Francheses grantes in Ireland que sont Roialles telles come Duresme Cestre vous oustont cybien de les profits Come de graunde partie de Obeisance des persons enfrancheses en quescum frenchese est Chancellerie Chequer conusans de pleas cybien de la Coronne Come autres communes grantont auxi Charters de pardon sont sovent per ley et reasonable cause seisses en vostre main a grand profit de vous leigerment restitues per maundement hors de Englettere a damage c. Unto which Article the King made answer Le Roy voet que les franchese que sont et serront per juste cause prises en sa main ne soent my restitues auant que le Roy soit certifie de la cause de la prise de acelles 26 Ed. 3. claus m. 1. 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 Free-holders 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 ASsuredly by these Grants of whole Provinces and petty Kingdoms those few English Lords pretended to be Proprietors of all the Land so as there 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 do nor perhaps willing if they had been able 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 Countreys into Counties ennoble some of them and enfranchise all and make them amesueable to the Law which would have abridged and cut off a great part of that greatness which they had promised unto themselves they perswaded the King of England that it was unfit to communicate the Laws of England unto them that it was the best policy to hold them as Aliens and Enemies and to prosecute them with a continual War Hereby 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 here And besides the Irish inhabiting the lands fully conquered and reduced being in condition of Slaves and Villains did render a greater Profit and Revenue than if they had been made the Kings Free-Subjects And for these two causes last expressed they were not willing to root out all the Irishry We may not therefore marvel that when King Edward the third upon the Petition of the Irish as is before remembred was desirous to be certified De voluntate magnatum suorum in proximo Parliamento in Hibernia tenend si sine alieno praejudicio concedere possit quod per statut inde fact Hibernici utantur legibus Anglicanis sive Chartis Regiis inde Impetrandis that there was never any Statute made to that effect For the troth is that those great English Lords did to the uttermost of their power cross and withstand the enfranchisement of the Irish for the causes before expressed Wherein I must still clear and acquit the Crown and State of England of negligence or ill policy and lay the fault upon the Pride Covetousness and ill counsel of the English planted here which in all former ages have been the chief impediments of the final conquest of Ireland AGain those large scopes of Land and great Liberties with the absolute power to make War and Peace did raise the English Lords to that height of Pride and Ambition as that they could not endure one another but grew to a mortal War and Dissention among themselves as appeareth by all the Records and Stories of this Kingdom First in the year 1204. the Lacies of Meath made War upon Sir John Courcy who having taken him by treachery sent him prisoner into England In the year 1210. King John coming over in person expelled the Lacies out of the Kingdom for their Tyrannie and oppression of the English howbeit upon payment of great Fines they were afterward restored In the year 1228. that family being risen to a greater heighth for Hugh de Lacy the younger was created Earl of Vlster after the death of Courcy without issue there arose dissention and War between that house and William Marshal Lord of Leinster whereby all Meath was destroyed and laid waste In the year 1264. Sir Walter Bourke having married the Daughter and Heir of Lacy whereby he was Earl of Vlster in right of his Wife had mortal debate with Maurice Fitz-Morice the Geraldine for certain Lands in Conaght So as all Ireland was full of Wars between the Bourkes and the Geraldines say our Annals Wherein Maurice Fitz-Morice grew so insolent as that upon a meeting at Thistledermot he took the Lord Justice himself
of King Henry the third for the eldest being married to Hugh Bigot Earl of Norfolk who in right of his wife had the Marshalship of England The second to Warren de Mountchensey whose sole Daughter and Heir was match to William de Valentia half Brother to King Henry the third who by that match was made Earl of Pembroke the third to Gilbert de Clare Earl of Gloucester The fourth to William Ferrers Earl of Darby The fifth to William de Bruce Lord of Brecknock These great Lords having greater inheritances in their own right in England than they had in Ireland in right of their Wives and yet each of the Coparceners had an entire County allotted for her purparty as is before declared could not be drawn to make their personal residence in this Kingdom but managed their Estates here by their Seneschals and Servants And to defend their Territories against the bordering Irish they entertained some of the Natives who pretended a perpetual Title to those great Lordships For the Irish after a thousand conquests and Attainders by our Law would in those days pretend title still because by the Irish Law no man could forfeit his Land These natives taking the opportunity in weak and desperate times usurped those Seigniories and so Donald mac Art Cavanagh being entertained by the Earl of Nolfork made himself Lord of the County of Catherlough And Lisagh O Moor being trusted by the Lord Mortimer who married the Daughter and Heir of the Lord Bruce made himself Lord of the lands in Leix in the latter end of King Edward the seconds Reign as is before declared Again the decay and loss of Vlster and Connaught is attributed to this that the Lord William Bourk the last Earl of that name died without issue male whose Ancestors namely the Red Earl and Sir Hugh de Lacy before him being personally resident held up their greatness there and kept the English in peace and the Irish in awe But when those Provinces descended upon an Heir Female and an Infant the Irish over-ran Vlster and the younger branches of the Bourkes usurped Connaught And therefore the Ordinance made in England the third of Richard the second against such as were absent from their Lands in Ireland and gave two third parts of the profits thereof unto the King until they returned or placed a sufficient number of men to defend the same was grounded upon good reason of State which Ordinance was put in execution for many years after as appeareth by sundry seizures made thereupon in the time of K. Richard the second Henry the fourth Henry the fifth Henry the sixth whereof there remain Records in the Remembrancers Office here Among the rest the Duke of Norfolk himself was not spared but was impleaded upon this Ordinance for two parts of the profits of Dorburies Island and other Lands in the County of Wexford in the time of King Henry the sixth And afterwards upon the same reason of State all the lands of the house of Norfolk of the Earl of Shrewsbury the Lord Barkley and others who having lands in Ireland kept their continual residence in England were entirely resumed by the Act of Absentees made in the 28 year of King Henry the eigth But now again let us look back and see how long the effect of that Reformation did continue which was begun by Lionel Duke of Clarence in the fortieth year of King Edward the third and what courses have been held to reduce and reform this people by other Lieutenants and Governors since that time The English Colonies being in some good measure reformed by the Statutes of Kilkenny did not utterly fall away into Barbarism again till the Wars of the two Houses had almost destroyed both these Kingdoms for in that miserable time the Irish found opportunity without opposition to banish the English Law and Government out of all the Provinces and to confine it onely to the English Pale Howbeit in the mean time between the Government of the Duke of Clarence and the beginning of those Civil Wars of York and Lancaster we find that the State of England did sundry times resolve to proceed in this work of reformation For first King Richard 2. sent over Sir Nicholas Dagworth to survey the possessions of the Crown and to call to accompt the Officers of the revenue Next to draw his English Subjects to manure and defend their lands in Ireland he made that Ordinance against Absentees spoken of before Again he shewed an excellent example of Justice upon Sir Philip Courtney being his Lieutenant of that Kingdom when he caused him to be arrested by special Commissioners upon complaint made of sundry grievous oppressions and wrongs which during his Government he had done unto that people After this the Parliament of England did resolve that Thomas Duke of Glocester the Kings Uncle should be imployed in the reformation and reducing of that Kingdom the Fame whereof was no sooner bruted in Ireland but all the Irishry were ready to submit themselves before his coming so much the very Name of a great personage specially of a Prince of the blood did ever prevail with this people But the King and his Minions who were ever jealous of this Duke of Glocester would not suffer him to have the honour of that service But the King himself thought it a work worthy of his own presence and pains and thereupon Himself in person made those two royal journeys mentioned before At what time he received the submissions of all the Irish Lords and Captains who bound themselves both by Indenture and oath to become and continue his Loyal Subjects And withall laid a particular project for a civil plantation of the Mountains and Maritime Counties between Dublin and Wexford by removing all the Irish Septs from thence as appeareth by the covenants between the Earl Marshal of England and those Irish Septs which are before remembred and are yet preserved and remain of Record in the Kings Remembrancers Office at Westminster Lastly this King being present in Ireland took special care to supply and furnish the Courts of Justice with able and sufficient Judges And to that end he made that Grave and Learned Judge Sir William Hankeford Chief Justice of the Kings Bench here who afterwards for his service in this Realm was made chief Justice of the Kings Bench in England by King Henry 4. and did withall associate unto him William Sturmy a well Learned man in the law who likewise came out of England with the King that the legal proceedings which were out of order too as all other things in that Realm were might be amended and made formal according to the course and Presidents of England But all the good purposes and projects of this King were interrupted and utterly defeated by his suddain departure out of Ireland and unhappy deposition from the Crown of England HOwbeit King Henry the fourth intending likewise to prosecute this Noble
disabled otherwise as shall be declared hereafter never sent over any Royal army or any numbers of men worthy to be called an army into Ireland untill the thirty sixth year of King Edward the third when Lionel Duke of Clarence the Kings second Son having married the Daughter and Heir of Vlster was sent over with an extraordinary power in respect of the time for the wars betwixt England and France were then in their heat as well to recover his Earldom of Vlster which was then over-run and possest by the Irish as to reform the English Colonies which were become strangely degenerate throughout the whole Kingdom FOr though King Henry the Third gave the whole Land of Ireland to Edward the Prince his eldest Son and his Heirs Ita quod non Separetur a Corona Angliae Whereupon it was styled the Land of the Lord Edward the Kings eldest Son and all the Officers of the Land were called the Officers of Edward Lord of Ireland and though this Edward were one of the most active Princes that ever lived in England yet did he not either in the life time of his father or during his own Raign come over in person or transmit any army into Ireland but on the other side he drew sundry aids and supplies of men out of Ireland to serve him in his wars in Scotland Wales and Gascoigne And again though King Edward the Second sent over Piers Gaveston with a great retinue it was never intended he should perfect the Conquest of Ireland for the King could not want his company so long a time as must have been spent in the finishing of so tedious a work So then in all that space of time between the twelfth year of King John and the 36. year of King Edward the Thâ—rd containing 150. years or thereabouts although there were a continual bordering war between the English and the Irish there came no Royal Army out of England to make an end of the War But the chief Governors of the Realm who were at first called Custodes Hiberniae and afterwards Lords Justices and the English Lords who had gotten so great possessions and Royalties as that they presumed to make war and peace without direction from the State did levy all their forces within the land But those forces were weakly supplied and ill governed as I said before Weakly supplyed with men and Mony and governed with the worst Discipline that ever was seen among men of war And no marvel for it is an infallible rule that an army ill paid is ever unruly and ill governed The standing forces here were seldom or never re-enforced out of England and such as were either sent from thence or raised here did commonly do more huâ—t and damage to the English Subjects than to the Irish enemies by their continual Sess and Extortion Which mischief did arise by reason that little or no Treasure was sent out of England to pay the soldiers wages Only the Kings revenue in Ireland was spent and wholly spent in the publick service and therefore in all the ancient Pipe-Rols in the times of 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 aâ—l so as there was no surplusage of Treasure and yet that All was not sufficient For in default of the Kings pay as well the ordinary Forces which stood continually as the extraordinary which were levied by the chief Governor upon journeys and general hoastings were for the most part laid upon the poor subject descended of English race howbeit this burthen was in some measure tolerable in the time of King Henry the third and King Edward the first but in the time of King Edward the second Maurice fitz-Thomas of Desmond being chief Commander of the Army against the Scots began that wicked extortion of Coigne and Livery and pay that is He and his Army took Horse meat and Mans meat and money at their pleasure without any Ticket or other satisfaction And this was after that time the general fault of all the Governors and Commanders of the Army in this Land Onely the Golden saying of Sir Thomas Rookesby who was Justice in the thirtieth year of King Edward the third is recorded in all the Annales of this Kingdom That he would eat in wodden dishes but would pay for his meat Gold and Silver Besides the English Colonies being dispersed in every Province of this Kingdom were enforced to keep continual guards upon the Borders and Marches round about them which Guards consisting of idle Souldiers were likewise imposed as a continual burthen upon the poor Engglish Freeholders whom they oppressed and impoverished in the same manner And because the great English Lords and Captains had power to impose this charge when and where they pleased many of the poor Freeholders were glad to give unto those Lords a great part of their Lands to hold the rest free from that extortion And many others not being able to endure that intolerable oppression did utterly quit their freeholds and returned into England By this mean the English Colonies grew poor and weak though the English Lords grew rich and mighty for they placed Irish Tenants upon the Lands relinquished by the English upon them they levied all Irish exactions with them they married and fostered and made Gossips so as within one age the English both Lords and Freeholders became degenerate and meer Irish in their Language in their apparel in their arms and manner of fight and all other Customes of life whatsoever By this it appeareth why the extortion of Coigne and Livery is called in the old Statutes of Ireland A damnable custom and the imposing and taking thereof made High Treason And it is said in an ancient Discourse Of the Decay of Ireland that though it were first invented in Hell yet if it had been used and practised there as it hath been in Ireland it had long since destroyed the very Kingdom of Belzebub In this manner was the War of Ireland carried before the coming over of Lionel Duke of Clarence This young Prince being Earl of Vlster and Lord of Conaght in right of his wife who was daughter and Heir of the Lord William Bourk the last Earl of Vlster of that Family slain by treachery at Knockefergus was made the Kings Lieutenant of Ireland and sent over with an Army in the six and thirtieth year of King Edward the third The Roll and List of which Army doth remain of Record in the Kings Remembrancers Office in England in the press de Rebus tangentibus Hiberniam and doth not contain above fifteen hundred men by the Poll which because it differs somewhat fâ—om the manner of this age both in respect of the Command and the Entertainment I think it not impertinent to take a brief view thereof The Lord Lionel was
time was 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 I will therefore knit up this point with these conclusions First that the Kings of England which in former Ages attempted the Conquest of Ireland being ill advised and counselled by the great men here did not upon the submissions of the Irish communicate their Laws unto them nor admit them to the state and condition of Free-subjects Secondly that for the space of 200. years at â—east after the first arrival of Henry the second in Ireland the Irish would gladly have embraced the Laws of England and did earnestly desire the benefit and protection thereof which being denyed them did of necessity cause a continual bordering war between the English and the Irish And lastly if according to the examples before recited they had reduced as well the Irish Countries as the English Colonies under one form of civil government as now they are the Meers and Bounds of the Marches and Borders had been long since worne out and forgotten for it is not fit as Cambrensis writeth that a King of an Island should have any Marches or Borders but the four Seas both Nations had been incorporated and united Ireland had been entirely Conquered Planted and Improved and returned a rich Revenue to the Crâ—wn of England THE next error in the Civil pollicy 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 Adventures 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 rewarded liberally out of the fruits of their own Labours since they did Militare propriis stipendiis and received no pay from the Crown of England Notwithstanding there ensued divers inconveniences that gave great impediment to the Conquest FIrst the Earl Strongbow was entituled to the whole Kingdom of Leinster partly by Invasion and partly by Marriage albeit he surrendred the same entirely to King Henry the second his Soveraign for that with his license he came over and with the Ayd of his Subjects he had gained that great inheritance yet did the King regrant back again to him and his Heirs all that Province reserving onely the City of Dublin and the Cantreds next adjoyning with the Maritime Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Cork from Lismore to the Sea To Phillip Bruce he gave the whole Kingdom of Limerick with the Donation of Bishopwricks 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 Burke Fitz-Adelm the greatest part of Conaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poer of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was all 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 And therefore we do not find in any Record or story for the space of three hundred years after these Adventurers first arived in Ireland that any Irish Lord obtained a grant of his Country from the Crown but onely the King of Thomond who had a grant but during King Henry the third his Minority and Rotherick O Connor King of Conaght to whom King Henry the second before this distribution made did grant as is before declared Vt sit Rex sub eo and moreover Vt teneat terram suam Conactiae it a bene in pace sicut tenuit antequam Dominus Rex intravit Hiberniam And whose Successor in the 24 of Henry the third when the Bourkes had made a strong Plantation there and had well-nigh expelled him out of his Territory he came over into England as Matth. Paris writeth and made complaint to King Henry the third of this Invasion made by the Bourkes upon his Land insisting upon the grants of King Henry the second and King John and affirming that he had duely paid an yearly tribute of five thousand marks for his Kingdom Whereupon the King called unto him the Lord Maurice fitz-Girald who was then Lord Justice of Ireland and President in the Court and commanded him that he should root out that unjust plantation which Hubert Earl of Kent had in the time of his greatness planted in those parts and wrote withal to the great men of Ireland to remove the Bourks and to establish the King of Conaght in the quiet possession of his Kingdom Howbeit I do not read that the King of Englands commandment or direction in this behalf was ever put in execution For the troth is Richard de Burgo had obtained a grant of all Conaght after the death of the King of Conaght then living For which he gave a thousand pound as the Record in the Tower reciteth the third of Henry the third claus 2. And besides our great English Lords could not endure that any Kings should Reign in Ireland but themselves nay they could hardly endure 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 insomuch as there were no less than eight Counties Palatines in Ireland at one time For William Marshal Earl of Pembroke who married the Daughter and Heir of Strongbow being Lord of all Leinster had Royal Jurisdiction thoroughout all that Province This great Lord had five sons and five daughters every of his sons enjoyed that Seigniory successively and yet all dyed without issue Then this great Lordship was broken and divided and partition made between the five daughters who were married into the Noblest Houses of England The County of Catherlough was allotted to the eldest Wexford to the secâ—nd Kilkenny to the third Kildare to the fourth the greatest part of Leix now called the Queens County to the fifth In every of these portions the Ceparceners severally exercised the same Jurisdiction Royal which the Earl Marshal and his Sons had used in the whole Province Whereby it came to pass that there were five County Palatines erected in Leinster Then had the Lord of Meath the same Royal liberty in all that Territory the Earl of Vlster in all that Province and the
Sir Richard Capel Prisoner with divers Lords of Munster being then in his Company In the year 1288. Richard Bourke Earl of Vlster commonly called the Red Earl pretending title to the Lordship of Meath made war upon Sir Theobald de Verdun and besieged him in the Castle of Athlone Again in the year 1292. John Fitz-Thomas the Geraldine having by contention with the Lord Vesci gotten a goodly inheritance in Kildare grew to that heighth of imagination saith the story as he fell into difference with divers great Noblemen and among many others with Richard the Red Earl whom he took Prisoner and detained him in Castle-Ley and by that dissention the English on the one side and the Irish on the other did waste and destroy all the Countrey After in the year 1311. the same Red Earl coming to besiege Bonratty in Thomond which was then held by Sir Richard de Clare as his inheritance was again taken prisoner And all his Army consisting for the most part of English overthrown and cut in pieces by Sir Richard de Clare And after this again in the year 1327. most of the great Houses were banded one against another viz. The Giraldines Butlers and Breminghams on the one side and the Bourks and Poers on the other The ground of the quarrel being none other but that the Lord Arnold Poer had called the Earl of Kildare Rimer But this quarrel was prosecuted with such malice and violence as the Counties of Waterford and Kilkenny were destroyed with fire and sword till a Parliament was called of purpose to quiet this dissention Shortly after the Lord John Bremingham who was not long before made Earl of Louth for that noble service which he performed upon the Scots between â—undalk and the Faher was so extremely envied by the Gernons Verdons and others of the ancient Colony planted in the County of Louth as that in the year 1329. they did most wickedly betray and murther that Earl with divers principal Gentlemen of his name and family using the same speech that the Rebellious Jews are said to use in the Gospel Nolumus hunc regnare super nos After this the Geraldines and the Butlers being become the most potent families in the Kingdom for the great Lordship of Leinster was divided among Coparceners whose Heirs for the most part lived in England and the Earldom of Vlster with the Lordship of Meath by the match of Lionel Duke of Clarence at last discended upon the Crowne had almost a continuall warre one with another In the time of King Henry the sixt saith Baron Finglas in his Discourse of the Decay of Ireland in a sight betweene the Earles of Ormond and Desmond almost all the Townes-men of Kilkenny were slaine And as they followed contrary parties during the Warres of Yorke and Lancaster so after that civil dissention ended in England these Houses in Ireland continued their opposition and feud still even till the time of K. Henry the eight when by the Marriage of Margaret Fitz-Girald to the Earl of Ossory the houses of Kildare and Ormond were reconciled and have continued in amity ever since Thus these great Estates and Royalties granted to the English Lords in Ireland begate Pride and Pride begat Contention among themselves 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 them 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 Countrey 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 among them gave their Children to be fostered by them and having no other means to pay or reward them suffered them to take Coigne and Livery upon the English Free-holders which Oppression was so intollerable as that the better sort were enforced to quit their Free-holds and flye 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 than the English Rents and services and loving the Irish Tyranny which was tyed to no Rules of Law or Honour better than a just and lawful Seigniory did reject and cast off the English Law and Government received the Irish Laws and Customs took Irish Surnames as Mac William Mac Pheris Mac Yoris refused to come to the Parliaments which were summoned by the King of Englands Authority and scorned to obey those English Knights which were sent to command and govern this Kingdom Namely Sir Richard Capel Sir John Morris Sir John Darcy and Sir Raphe Vfford And when Sir Anthony Lucy a man of great Authority in the time of King Edward the third was sent over to reform the notorious abuses of this Kingdom the King doubting that he should not be obeyed directed a special Writ or Mandate to the Earl of Vlster and the rest of the Nobility to assist him And afterwards the same King upon good advise and Counsel resumed those excessive Grants of Lands and Liberties in Ireland by a special ordinance made in England which remaineth of Record in the Tower in this form Quia plures excessivoe donationes terrarum libertatum in Hibernia ad subdolam machinationem petentium factae sunt c. Rex delusorias hujusmodi machinationes volens elidere de consilio peritorum sibi assistentium omnes donationes Terrarum libertatum praedict duxit revocandas quousque de meritis donatoriorum causis ac qualitatibus donationum melius fuerit informat ideo mandatum est Justiciario Hiberniae quod seisiri faciat c. Howbeit there followed upon this resumption such a division and faction between the English of Birth and the English of blood and race as they summoned and held several Parliaments apart one from the other Whereupon there had risen a general war betwixt them to the utter extinguishing of the English Name and Nation in Ireland if the Earl of Desmond who was head of the faction against the English of Birth had not been sent into England and detained there for a time yet afterwards these liberties being restored by direction out of England the 26. of Edward the third complaint was made to the King of the easie restitution whereunto the King made answer as is before expressed so as we may conclude this point with that which we find in the Aâ—nals published by Master Camden Hâ—bernici debellati consumpti fuissent nisi seditio Anglicorum impedivisseâ— Whereunto I may add this note that though some are of opinion that
of Vlster a man of courage and severity was made Lord Justice who forthwith calling a Parliament sent a special Commandment to the Earl of Desmond to appear in that great Councel but the Earl wilfully refused to come Whereupon the Lord Justice raised the Kings Standard and marching with an Army into Munster seized into the Kings hands all the possessions of the Earl took and executed his principal followers Sir Eustace le Poer Sir William Graunt and Sir John Cotterell enforced the Earl himself to fly and lurk till 26. Noblemen and Knights became Mainpernors for his appearance at a certain day prefixed But he making default the second time the uttermost advantage was taken against his sureties Besides at the same time this Lord Justice caused the Earl of Kildare to be arrested and committed to the Castle of Dublin indited and imprisoned many other disobedient Subjects called in and cancelled such Charters asw ere lately before resumed and proceeded every way so roundly and severely as the Nobility which were wont to suffer no controulment did much distaste him and the Commons who in this Land have ever been more devoted to their immediate Lords here whom they saw every day than unto their Soveraign Lord and King whom they never saw spake ill of this Governor as of a rigorous and cruel man though in troth he were a singular good Justicer and if he had not dyed in the second year of his Government was the likeliest person of that Age to have reformed and reduced the degenerate English Colonies to their natural obedience of the Crown of England THus much then then we may observe by the way that Maurice Fitz-Thomas the first Earl of Desmond was the first English Lord that imposed Coign and Livery upon the Kings Subjects and the first that raised his Estate to immoderate greatness by that wicked Extortion and Oppression that he was the first that rejected the English Laws and Government and drew others by his example to do the like that he was the first Peer of Ireland that refused to come to the Parliament summoned by the Kings Authority that he was the first that made a division and distinction between the English of blood and the English of birth AND as this Earl was the onely Author and first Actor of these mischiefs which gave the greatest impediment to the full Conquest of Ireland So it is to be noted that albeit others of his rank afterwards offended in the same kinde whereby their Houses were many times in danger of ruine yet was there not ever any Noble house of English race in Ireland utterly destroyed and finally rooted out by the hand of Justice but the house of Desmond onely nor any Peer of this Realm ever put to death though divers have been attainted but Tho Fitz-James the Earl of Desmond onely and onely for those wicked customs brought in by the first Earl and practised by his posterity though by several Laws they were made High-Treason And therefore though in the 7 of Edward the 4. during the Government of the Lord Tiptoft Earl of Worcester both the Earls of Desmond and Kildare were attainted by Parliament at Droghedah for alliance and fostering with the Irish and for taking Coigne and Livery of the Kings Subjects yet was Desmond onely put to death for the Earl of Kildare received his pardon And albeit the son of this Earl of Desmond who lost his head at Droghedah were restored to the Earldom yet could not the Kings grace regenerate obedience in that degenerate house but it grew rather more wilde and barbarous than before For from thenceforth they reclaimed a strange priviledge That the Earls of Desmond should never come to any Parliament or Grand Council or within any walled Town but at their will and pleasure Which pretended Priviledge James Earl of Desmond the Father of Girald the last Earl renounced and surrendred by his Deed in the Chancery of Ireland in the 32 of Henry the eighth At what time among the meer Irishry he submitted himself to Sir Anthony Saint-Leger then Lord Deputy took an Oath of Allegiace Covenanted that he would suffer the Law of England to be executed in his Countrey and assist the Kings Judges in their Circuits and if any Subsidies should be granted by Parliament he would permit the same to be levied upon his Tenents and followers Which Covenants are as strange as the priviledge it self spoken of before But that which I conceive most worthy of Observation upon the fortunes of the house of Desmond is this that as Maurice Fitz-Thomas the first Earl did first raise the greatness of that house by Irish exactions and oppressions so Girald the last Earl did at last ruine and reduce it to nothing by using the like extortions For certain it is that the first occasion of his Rebellion grew from hence that when he attempted to charge the Decies in the County of Waterford with Coigne and Livery Black Rents and Cosheâ—ies after the Irish manner he was resisted by the Earl of Ormond and upon an encounter overthrown and taken prisoner which made his heart so unquiet as it easily conceived Treason against the Crown and brought forth actual and open Rebellion wherein he perished himself and made a final extinguishment of his house and honor Oppression and extortion did maintain the greatness and oppression and extortion did extinguish the greatness of that house Which may well be exprest by the old Emblem of a Torch turned downwards with this word Quod me alit extinguit NOw let us return to the course of Reformation held and pursued here after the death of Sir Raphe Vfford which hapned in the twentieth year of King Edward 3. After which time aâ—beâ—t all the power and Council of England was converted towards the conquest of France yet was not the work of Reformation altogether discontinued For in the 25 year of King Edward the third Sir Thomas Rookeby another worthy Governor whom I have once before named held a Parliament at Kilkenny wherein many excellent Laws were propounded and enacted for the reducing of the English Colonies to their obedience which Laws we finde enrolled in the Remembrancers Office here and differ not much in substance from those other Statutes of Kilkenny which not long after during the Government of Lionel Duke of Clarence were not onely enacted but put in execution This noble Prince having married the Daughter and Heir of Vlster and being likewise a Coparcener of the County of Kilkenny in the 36 year of King Edward the third came over the Kings Lieutenant attended with a good Retinue of Martial men as is before remembred and a grave and honorable Council as well for peace as for war But because this Army was not of a competent strength to break and subdue all the Irishry although he quieted the borders of the English Pale and held all Ireland in awe with his name and presence The principal service that
Egypt in Pharaohs Dream devouring the fat of England and yet remaining as lean as it was before it will hereafter be as fruitfull as the land of Canaan the description whereof in the 8. of Deutronomy doth in every part agree with Ireland being Terra Rivorum aquarumque fontium in cujus Campis Montibus erumpunt fluviorum abyssi Terra frumenti hordei Terra lactis mellis ubi absque ulla penuria comedes panem tuum rerum abundantia perfrueris And thus I have discovered and expressed the defects and Errors as well in the managing of the Martial Affairs as of the civil which in former Ages gave impediment to the reducing of all Ireland to the Obedience and Subjection of the Crown of England I have likewise observed what courses have been taken to reform the Defects and Errors in Government and to reduce the People of this Land to obedience since the beginning of the raign of King Edward 3. till the latter end of the raign of Queen Elizabeth And lastly I have declared and set forth How all the said errors have been corrected and the defects supplyed under the prosperous Government of His Majesty So as I may positively conclude in the same words which I have used in the Title of this Discourse That untill the beginning of His Majesties Raign Ireland was never entirely subdued and brought under the Obedience of the Crown of England But since the Crown of of this Kingdom with the undoubted right and Title thereof descended upon His Majesty The whole Island from Sea to Sea hath been brought into his Highness peaceable possession and all the Inhabitants in every corner thereof have been absolutely reduced under his immediate subjection In which condition of Subjects they will gladly continue without defection or adhaering to any other Lord or King as long as they may be Protected and justly Governed without Oppression on the one side or impunity on the other For there is no Nation of people under the Sun that doth love equal and indifferent Justice better than the Irish or will rest better satisfied with the execution thereof although it be against themselves so as they may have the protection and benefit of the Law when upon just cause they do desire it FINIS Two main impediments of the conquest The faint prosecution of the war What is a perfect Conquest How the war hath been prosecuted since the 17 year of Henry the second In the time of Henry the second Giraldus Cambrensis The first attempt but an adventure of private Gentlemen With what forces the King himself come over Archiu Remem Regis apud West What manner of Conquest K. Henry the second made of Ireland Bodin de Repub. The true marks of Soveraignty Hoveden in Henrico secundo fol. 312. 6 Johannis Claus membrana 18.17 Johannis Chart. m. 3. 6. Hen. 3. chart m. 2. Archiu in Castro Dublin â—2 Hen. 3. Coâ—poâ—â—â— Will de la Zouch 36. Hâ—n 3. â—omâ—â—tus Huberti de Rouly How the warâ— was prosecuted in the time of King John Giraldus Cambrensis Giraldus Cambrensis Geraldus Cambrensis Matth. Pacis in Richardo primo â—â— 15 19. Matth. Paris This Charter yet remaineth perfect with an entire Seal in the treasury at Westminster Archiu in Castro Dublin Archiu Turr. 52â— Hen. 3 patent m. 9. How the martial affairs were carried from the 12 year of King John to the 36. year of King Edward the Third Archiu in Castro Dublin Stat. 10. H. 7. c. 4. rot Parliam in Castro Dublin Annales Hiberniae in Camden Baron Finglas Manus Stat. 10. H 7. cap. 4. Rot. Parli in Castro Dublin Stat. 11. H. 4. c. 6. Baron Finglas M. S. The Army transmitted with Lionel Duke of Clarence the 36 of Edw. 3. Archiu Remem Regis apud Westm The manner of levying Souldiers informer ages What service Lionel Duke of Clarence performed Archiu Tur. 36. Edw. 3 Claus m. 21. in dorso m. 30. â—â—r Will. Winsor Lieutenant 47 Ed. 3. his forces service 47 Ed 3. Claus m. 1. Stow in Rich 2. The state of the revenue of Ireland in the time of Edw. 3. Walsingham in Rich. 2. Archiu Turr. 11 H. 3. patent m. 3. 21 Ed. 3. m. 41. 47 Ed. 3. claus pers 2. m. 24. 26. Archiu in Castro Dublin Hollingshead in R. 2. Archiu in Castro Dublin 5 Edw 3. How the war proceeded in the time of King Richard the second 3 Rich. 2. Archiu Tur Rot. Parl. 42. Pat. 2. pars 9. Rich. 2. m. 24. Walsingham in Rich. 2. Annales Tho. Otterbourne Manuscript Stow in Rich. 2â— Archiu in officio Rememorat regis apud Westmon Hollingshead in Richard the 2. Henry 4. The Lord Thomas of Lancaster his service Archiu Rememorat regis apud Westm Henry 5. The Lord Furnival his service Alb. libr. Scacc. Dublin Henry 6. Richard Duke of York his service Archiu in Castro Dublin Hollingshead in Henry the sixth Rot. Parl. in Castro Dublin Archiu Tur. 17. Hen. 6. Clausam 20. Manuscript of Baron Finglas Hollingshead in Hen. 6. Edw. 4. How the War was maintained in the time of King Edw. 4. Hollingshead in Edw. 4. Book of Howth Mâ—rus The fraternity of Saint George in Ireland 14. of Edw. 4. Rot. Parl. Dublin Henry 7. How the war was prosecuted in time of K Hen. 7. Arâ—â—â—â— Remem Regis apud West The book of Howth Manus Holinshead in Hen. 7. Sir Ed Poynings service Rot. Parl. in Castro Dublin The book of Howth The battle of Knocktow Henry 8. How the war was carried during the reign of King Henry the eight The Earl of Surries service The Lord Leonard Grayes service The fight at Belahoo Book of Howth Manus Sir Anthony St. Leger Sir Edw. Bâ—llingham in the time of King Edw. 6. Archiu Remem Regis apud West ' Tho Earl of Sussex in the time of Queen Mary Queen Elizabeth How the war was prosecuted in the time of Qu Elizabeth Shane O Neales Rebellion Archiu Remem Regis apud Westm Desmonds Rebellion Tyrones Rebellion Four main defects in the prosecution of the War Why none of the Kings of England before Qu. Elizabeth did finish the conquest of Ireland Giraldus Cambrensis How the several Kings of England were diverted from the Conquest of Ireland King Henry 2. The book of Howth Manus Rich. 1. K. John Henry 3. Edw. 1. Archiu in Castro Dublin Annales Hiberniae in Camden Edw. 2. Annales Hiberniae in Camden Archiu in Castro Dublin Manuscript of Friar Clinn Rubr. libr. Scac. Dublin Edw. 3. Annales Hiberniae in Cam den Rich. 2. Henry 4. Henry 5. Annales Hiberniae in Camden Henry 6. Hollingshead in Hen. 6. Manuscript of Baron Finglas Edw. 4. Rich. 3. Henry 7. Henry 8. King Edward 6. and Qu. Mary Qu. Elizabeth 2. The defects in the Civil Policy government 1. The Laws of England were not given to the meer Irish Matth. Paris Hist major fol. 121. Matth. Paris Histor major 220 b.
Fitz-Adelme his Lieutenant of Ireland hath this direction Archiepiscopis Episcopis Regibus Comitibus Baronibus omnibus fidelibus suis in Hibernia Salutem Whereby it is manifest that he gave those Irish Lords the Title and stile of Kings King John likewise did grant divers Charters to the King of Conaght which remain in the Tower of London And afterwards in the time of King Henry the Third we find in the Tower a grant made to the King of Thomond in these words Rex Regi Tosmond salutem Concessimus vobis terram Tosmond quam prius tenuistis per firmam centum triginta marcarum Tenendum de nobis usque ad aetatem nostram And in the pipe Rolls remaining in Bremighams Tower in the Castle of Dublin upon sundry Accompts of the Seneshall of Vlster when that Earldom was in the Kings hands by reason of the minority of the Earl the entry of all such charges as were made upon Oneale for Rent-Beeves or for aids towards the maintainance of the Kings wars are in this form Oneal Regulus 400. vaccas pro arreragio Reddit Oneal Regulus 100. â—i de Auxilio Domini Regis ad guerram suam in Wasconia sustinendam And in one Roll the 36. of Henry the third Oneal Rex 100 li. de auxilio Domini Regis ad guerram suam in Wallia sustinendam Which seemed strange to me that the Kings civil Officer should give him that stile upon Record unless he meant it in that sense as Maximilian the Emperor did when speaking of his disobedient Subjects The Title said he of Rex Regum doth more properly belong to me than to any mortal Prince for all my Subjects do live as Kings they obey me in nothing but do what they list And truly in that sense these Irish Lords might not unfitly be termed Kings But to speak in proper terms we must say with the Latin Poet Qui rex est Regnum maxime non habeat But touching these Irish Kings I will add this note out of an ancient Manuscript the black book of Christ-Church in Dublin Isti Reges non fuerunt ordinati solemnitate alicujus ordinis nec unctionis Sacramento nec jure haereditario vel aliqua proprietatis successione sed vi armis quilibet Regnum suum obtinuit and therefore they had no just cause to complain when a stronger King than themselves became a King and Lord over them But let us return to our purpose and see the proceeding of the Martial affairs King Henry the second being returned into England gave the Lordship of Ireland unto the Lord John his youngest son sur-named before that time Sans Terre And the Pope confirming that gift sent him a Crown of Pea-cocks feathers as Pope Clement the eighth sent the Feather of a Phoenix as he called it to the Traitor Tirone This young Prince the Kings Son being but twelve years of age with a train of young Noblemen and Gentlemen to the number of 300. but not with any main army came over to take possession of his new Patrimony and being arrived at Waterford divers Irish Lords who had submitted themselves to his father came to perform the like duty to him But that youthful company using them with scorn because their demeanours were but rude and barbarous they went away much discontented and rraised a general rebellion against him Whereby it was made manifest that the Submission of the Irish Lords and the Donation of the Pope were but slender and weak assurances for a Kingdom Hereupon this young Lord was revoked and Sir John de Courcy sent over not with the Kings Army but with a company of Voluntaries in number four hundred or thereabout With these he attempted the conquest of Vlster and in four or five encounters did so beat the Irishry of that Province as that he gained the Maritime Coasts thereof from the Boyne to the Bann and thereupon was made Earl of Vlster So as now the English had gotten good footing in all the Provinces of Ireland In the first three Provinces of Leinster Mounster and Conaght part by the Sword and part by submission and alliance And lastly in Vlster by the invasion and victories of Sir John de Courcy From this time forward until the seventeenth year of King John which was a space of more than 30. years there was no army transmitted out of England to finish the Conquest Howbeit in the mean time the English Adventurers and Colonies already planted in Ireland did win much ground upon the Irish Namely the Earl Strongbow having married the Daughter of Mac Murrogh in Leinster the Lacies in Meth the Geraldines and other Adventurers in Mounster the Audleyes Gernons Clintons Russels and other Voluntaries of Sir John de Courcies retinue in Vlster and the Bourkes planted by William Fitz-Adelme in Conaght Yet were the English reputed but Part-Owners of Ireland at this time as appeareth by the Commission of the Popes Legate in the time of King Richard the first whereby he had power to exercise his Jurisdiction in Anglia Wallia ac illis Hiberniae partibus in quibus Johannes Moretonii Comes potestatem habet dominium as it is recorded by Mat. Paris King John in the twelfth year of his Reign came over again into Ireland the Stories of that time say with a great army but the certain numbers are not recorded yet it is credible in regard of the troubles wherewith this King was distressed in England that this army was not of sufficient strength to make an entire Conquest of Ireland and if it had been of sufficient strength yet did not the King stay a sufficient time to perform so great an action for he came over in June and returned in September the same year Howbeit in that time the Irish Lords for the most part submitted themselves to him as they had done before to his Father which was but a mear mockery and imposture For his back was no sooner turned but they returned to their former Rebellion and yet this was reputed a second Conquest And so this King giving order for the building of some Castles upon the Borders of the English Colonies left behind him the Bishop of Norwich for the civil Government of the Land but he left no standing army to prosecute the conquest only the English Colonies which were already planted were left to themselves to maintain what they had got and to gain more if they could The personal presence of these two great Princes King Henry the second and King John though they performed no great thing with their armies gave such countenance to the English Colonies which encreased daily by the coming over of new Voluntaries and Adventurers out of England as that they enlarged their Territories very much Howbeit after this time the Kings of England either because they presumed that the English Colonies were strong enough to root out the Irish by degrees or else because they were diverted or
General and under him Raulf Earl of Stafford James Earl of Ormond Sir John Carew Banneret Sir William Winsor and other Knights were Commanders The entertainment of the General upon his first arrival was but six shillings eight pence per diem for himself for five Knights two shillings a piece per diem for sixty four Esquires twelve pence a piece per diem for 70 Archers six pence a piece per diem But being shortly after created Duke of Clarence which honour was conferred upon him being here in Ireland his entertainment was raised to thirteen shillings four pence per diem for himself and for eight Knights two shillings a piece per diem with an encrease of the number of his Archers viz. three hundred and sixty Archers on horseback out of Lancashire at six pence a piece per diem and twenty three Archers out of Wales at two pence a piece per diem The Earl of Staffords entertainment was for himself six shillings eight pence per diem for a Banneret four shillings per diem for seventeen Knâ—ghts two shillings a piece per diem for seventy eight Esquires twelve pence a piece per diem for one hundred Archers on Horseback six pence a piece per diem Besides he had the command of four and twenty Archers out Staffordshire fourty Archers out of Worcestershire and six Archers out of Shropshire at four pence a piece per diem The entertainment of James Earl of Ormond was for himself four shillings per diem for two Knights two shillings a piece per diem for seven and twenty Esquires twelve pence a piece per diem for twenty Hoblers armed the Irish Horsemen were so called because they served on Hobbies six pence a piece per diem and for twenty Hoblers not armed four pence a piece per diem The entertainment of Sir John Carew Banneret was for himself four shillings per diem for one Knight two shillings per diem for eight Esquires twelve pence a piece per diem for ten Archers on Horseback six pence a piece per diem The entertainment of Sir William Winsore was for himself two shillings per diem for two Knights two shillings a piece per diem for forty nine Squires twelve pence a piece per diem for six Archers on Horseback six pence a piece per diem The like entertainment rateably were allowed to divers Knights and Gentlemen upon that List for themselves and their several retinues whereof some were greater and some less as they themselves could raise them among their Tenents and Followers FOr in ancient times the King himself did not levy his Armies by his own immediate Authority or Commission but the Lords and Captains did by Indenture Covenant with the King to serve him in his Wars with certain numbers of men for certain wages and entertainments which they raised in greater or less numbers as they had favour or power with the people This course hath been changed in latter times upon good reason of State For the Barons and Chief Gentlemen of the Realm having power to use the Kings Prerogative in that point became too popular whereby they were enabled to raise Forces even against the Crown it self which since the Statutes made for levying and mustering of Souldiers by the Kings special Commission tâ—ey cannot so easily perform if they should forget their duties THis Lord Lieutenant with this small Army performed no great service and yet upon his coming over all men who had Land in Ireland were by Proclamation remanded back out of England thither and both the Clergy and Laity of this Land gave two years profits of all their Lands and Tythes towards the maintenance of the War here onely he suppressed some Rebeâ—s in low Leinster and recovered the Maritime parts of his Earldome of Vlster But his best service did consist in the well-governing of his Army and in holding that famous Parliament at Kilkenny wherein the extortion of the Souldier and the degenerate manners of the English briefly spoken of before were discovered and Laws made to reform the same which shall be declared more at large hereafter THe next Lieutenant transmitted with any Forces out of England was Sir William Winsore who in the 47 year of King Edward the third undertook the Custody not the Conquest of this Land for now the English made rather a Defensive than an Invasive war and withal to defray the whole charge of the Kingdom for eleven thousand two hundred thirteen pounds six shillings and eight pence as appeareth by the Indenture between him and the King remaining of Record in the Tower of London But it appeareth by that which Froissard reporteth that Sir William Winsore was so far from subduing the Irish as that himself reported That he could never have access to understand and know their Countries albeit he had spent more time in the service of Ireland than any Englishman then living 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 in the time of King Edward the third For he setting forth the state of things there in the time of King Richard the second writeth thus Cum Rex Angliae illusiris Edwardus tertius illic posuisset Bancum suum atque Judices cum Scaccario percepit inde ad Regalem Fisâ—um annuatim triginta millia librarum modò propter absentiam ligeorum hostium potentiam nihil inde venit sed Rex per annos singulos de suo Marsupio terrae defensoribus solvit Triginta millia marcarum ad regni sui dedecus fisci gravissimum detrimentum 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 Receipts and Issues in Ireland he had not left this vain report to posterity For both the Benches and the 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 of 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 pound yearly at his Exchequer in Ireland he must needs have made profit by that Land considering that the whole charge of the Kingdom in the 47 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 Sir William Winsore Besides it is manifest by the Pipe-Rolls of that time whereof many are yet preserved in Breminghams Tower
enemies for a time DUring the minority of King Henry the sixth and for the space of seven or eight years after the Lieutenants and Deputies made only a bordering war upon the Irish with small and scattered forces howbeit because there came no Treasure out of England to pay the Souâ—dier the poor English Subject did bear the burthen of the men of war in every place and were thereby so weakned and impoverished as the State of things in Ireland stood very desperately Whereupon the Cardinal of Winchester who after the death of Humfrey Duke of Glocester did wholly sway the State of England being desirous to place the Duke of Somerset in the Regency of France took occasion to remove Richard Duke of York from that Government and to send him into Ireland pretending that he was a most able and willing person to perform service there because he had a great inheritance of his own in Ireland namely the Earldom of Vlster and the Lordships of Conaght and Meth by discent from Lionel Duke of Clarence We do not finde that this great Lord came over with any numbers of waged Souldiers but it appeareth upon what good terms he took that Government by the Covenants between the King and him which are recorded and confirmed by Act of Parliament in Ireland and were to this effect 1. That he should be the Kings Lieutenant of Ireland for ten years 2. That to support the charge of that Country he should receive all the Kings Revenues there both certain and casual without accompt 3. That he should be supplyed also with treasure out of England in this manner he should have four thousand Marks for the first year whereof he should be imprested 2000. li. before hand and for the other nine years he should receive 2000. li. per annum 4. That he might Let to Ferm the Kings Lands and place and dis-place all Officers at his pleasure 5. That he might levy and wage what numbers of men he thought fit 6. That he might make a Deputy and return at his pleasure We cannot presume that this Prince kept any great army on foot as well because his means out of England were so mean and those ill paid as appeareth by his passionate letter written to the Earl of Salisbury his Brother in Law the Copy whereof is Registred in the Story of this time as also because the whole Land except the English Pale and some part of the Earldome of Vlster upon the Sea-Coasts were possest by the Irish So as the Revenue of the Kingdom which he was to receive dâ—d amount to little He kept the borders and Marches of the Pale with much adoe he held many Parliaments wherein sundry Laws were made for erecting of Castles in Louth Meath and Kildare to stop the incursions of the Irishry And because the Souldiers for want of pay were sessed and laid upon the Subjects against their wills upon the prayer and importunity of the Commons this extortion was declared to be High-Treason But to the end that some means might be raised to nourish some forces for defence of the Pale by another Act of Parliament every twenty pound Land was charged with the furnishing and maintenance of one Archer on horseback Besides the native subjects of Ireland seeing the Kingdom utterly ruined did pass in such numbers into England as one Law was made in England to transmit them back again and another Law made here to stop their passage in every Port and Creek Yet afterwards the greatest parts of the Nobility and Gentry of Meth past over into England and were slain with him at Wakefield in Yorkshire Lastly the State of England was so farr from sending an army to subdue the Irish at this time as among the Articles of grievances exhibited by the Duke of Yorke against King Henry the sixth this was one That divers Lords about the King had caused his Highness to write Letters unto some of his Irish enemies whereby they were encouraged to attempt the conquest of the said Land Which Letters the same Irish enemies had sent unto the Duke marvailing greatly that such Letters should be sent unto them and speaking therein great shame of the Realm of England After this when this great Lord was returned into England and making claim to the Crown began the War betwixt the two Houses It cannot he conceived but that the Kingdom fell into a worse and weaker estate WHen Edward the fourth was setled in the Kingdome of England he made his Brother George Duke of Clarence Lieutenant of Ireland This Prince was born in the Castle of Dublin during the Government of his father the Duke of York yet did he never pass over into this Kingdom to govern it in person though he held the Lieutenancy many years But it is manifest that King Edward the fourth did not pay any Army in Ireland during his Reign but the Men of War did pay themselves by taking Coigne and Livery upon the Country which extortion grew so excesssive and intolerable as the Lord Tiptoft being Deputy to the Duke of Clarence was enforced to execute the Law upon the greatest Earl in the Kingdom namely Desmond who lost his head at Droghedagh for this offence Howbeit that the State might not seem utterly to neglect the defence of the Pale there was a fraternity of men at armes called the Brother-hood of St. George erected by Parliament the 14. of Edward the fourth consisting of thirteen the most Noble and worthy persons within the four shires Of the first foundation were Thomas Earl of Kildare Sir Rowland Eustace Lord of Port-lester and Sir Robert Eustace for the County of Kildare Robert Lord of Howth the Mayor of Dublin and Sir Robert Dowdal for the County of Dublin the Viscount of Gormanston Edward Plunket Senesha I of Meth Alexander Plunket and Barnabe Barnewale for the County of Meth the Mayor of Droghedagh Sir Lawrence Taaffe and Richard Bellewe for the County of Lowth These and their Successors were to meet yearly upon St. Georges day and to choose one of themselves to be Captain of that Brother-hood for the next year to come Which Captain should have at his command 120. Archers on horseback forty horsemen and forty Pages to suppress Out-laws and rebels The wages of every Archer should be six pence Per diem and every Horseman five pence Per diem and four marks Per annum And to pay these entertainments and to maintain this new fraternity there was granted unto them by the same Act of Parliament a subsidy of Poundage out of all Marchandizes exported or imported thoroughout the Realm hydes and the goods of Free-men of Dublin and Droghedah only excepted These 200. men were all the standing forces that were then maintained in Ireland And as they were Natives of the Kingdom so the Kingdom it self did pay their wages without expecting any treasure out of England BUt now the wars of Lancaster
Hiberniae Tritavus Domini Regis nunc fuit in Hibernia legem Anglicorum in Hibernia usque ad hunc diem haberc secundum ipsam legem judicari deduci debent And so pleaded the Charter of Denization granted to the Oostmen recited before All which appeareth at large in the said Record Wherein we may note that the killing of an Irish man was not punished by our Law as Man-slaughter which is Fellony and Capital for our Law did neither protect his life nor revenge his death but by a Fine or pecuniary punishment which is called an Erick according to the Brehon or Irish Law Again at a Gaol-delivery before the same Lord Justice at Limerick in the Roll of the same year we finde that Willielmus filius Rogeri rectatus de morre Rogeri de Canteton felonice per ipsum interfecti venit dicit quod feloniam per interfectionem praedictam committere non potuit quia dicit quod praedict Rogerus Hibernic est non de libero sanguine dicit etiam quod praedict Rogerus fuit de Cognomine de Ohederiscal non de cognonime de Cantetons de hoc ponit se super patriam c. Et Jurati dicunt super Sacram. suum quod praedictus Rogerus Hibernicus fuit de cognonime de Ohederiscal pro Hibernico habebatur tota vita sua Ideo praedict Willielmus quoad feloniam praedict quietus Sed quia praedictus Rogerus Ottederiscal fuit Hibernicus Domini Regis praedict Willielmus recommittatur Gaolae quousque plegios invenerit de quinque marcis solvendis Domino Regi pro solutione praedicti Hibernici But on the other side if the Jury had found that the party slain had been of English race and Nation it had been adjudged Fellony as appeareth by a Record of 29 of Edward the first in the Crown-Office here Coram Waltero Lenfant sociis suis Justitiariis Itinerantibus apud Drogheda in Comitatu Louth Johannes Laurens indictat de morte Galfridi Douedal venit non dedicit mortem praedictam sed dicit quod praedict Galfridus fuit Hibernicus non de libero sanguine dâ— bono malo ponit se super patriam c. Et Jurat dicunt super Sacram. suum quod praedict Galfridus Anglicus fuit ideo praedict Johannes culpabilis eâ—â— de morte Galfridi praedict Ideo suspend Catalla 13. s. unde Hugo de Clinton Vicâ— com respondet Hence it is that in all the Parliament Rolls which are extant froâ— the fortieth year of Edward the third when the Statutes of Kilkenny were enacted till the Reign of King Henry the eighth we finde the degenerate and disobedient English called Rebels but the Irish which were not in the Kings peace are called Enemies Statute Kilkenny c. 1.10 and 11.11 Hen. 4. c. 24.10 Hen. 6. c. 1.18.18 Hen. 6. c. 4.5 Edw. 4. c. 6.10 Hen. 7. c. 17. All these Statutes speak of English Rebels and Irish Enemies as if the Irish had never been in condition of Subjects but always out of the Protection of the Law and were indeed in worse case than Aliens of any Forreign Realm that was in Amity with the Crown of England For by divers heavy Penal Laws the English were forbidden to marry to foster to make Gossips with the Irish or to have any trade or commerce in their Markets or Fairs nay there was a Law made no longer since than the 28 year of Henry the eighth that the English should not marry with any person of Irish blood though he had gotten a Charter of Denization unless he had done both Homage and Fealty to the King in the Chancery and were also bound by Recognizance with sureties to continue a Loyal Subject Whereby it is manifest that such as had the Government of Ireland under the Crown of England did intend to make a perpetual separation and enmity between the English and the Irish pretendng no doubt that the English should in the end root cut the Irish which the English not being able to do did cause a perpetual War between the Nations which continued four hundred and odde years and would have lasted 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 his Majesties Reign had not been protected and governed by the Law BUt perhaps the Irishry in former times did wilfully refuse to be subject to the Laws of England and would not be partakers of the benefit thereof though the Crown of England did desire and therefore they were reputed Aliens Out-laws and Enemies Assuredly the contrary doth appear as well by the Charters of Denization purchased by the Irish in all ages as by a Petition preferred by them to the King Anno 2 Edward the third desiring that an Act might pass in Ireland whereby all the Irishry might be inabled to use and enjoy the Laws of England without purchasing of particular Denizations Upon which Petition the King directed a special Writ to the Lord Justice which is found amongst the Close-Rolls in the Tower of London in this form Rex dilecto fideli suo Johanni Darcile Mepieu Justic suo Hiberniae Salutem Ex parte quorundam hominum de Hibernia nobis extitit supplicatum ut per Statutum inde faciendum concedere velimus quod omnes Hibernici qui voluerint legibus utatur Anglicanis ita quod necesse non habeant super hoc Chartas alienas à nobis impetrare nos igitur Certiorari volentes si sine alieno praejudicio praemissis annuere valeamus vobis mandamus quod voluntatem magnatum terrae illius in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia perscrutari facias de eo quod inde inveneritis una cum Consilio advisamento nobis certificetis c. Whereby I collect that the great Lords of Ireland had informed the King that the Irishry might not be naturalized without damage and prejudice either to themselves or to the Crown But I am well assured that the Irishry did desire to be admitted to the benefit of the Law not onely in this Petition exhibited to King Edward the third but by all their submissions made to King Richard the second and to the Lord Thomas of Lancaster before the Wars of the two Houses and afterwards to the Lord Leonard Grey and Sir Anthony Saint-Leger when King Henry the eighth began to reform this Kingdom In particular the Birns of the Mountains in the 34 of Henry the eighth desire that their Countrey might be made Shire-ground and called the County of Wicklow And in the 23 of Henry the eighth O Donnel doth Covenant with Sir William Skeffington Quod si Dominus Rex velit reformare Hiberniam whereof it should seem he made some doubt that he and his people would gladly be governed by the Laws of England Only that ungrateful Traytor Tirone though he
seed of Reformation because they were not first broken and mastered again with the sword Besides the Irish Countreys which contained two third parts of the Kingdom were not reduced to Shire-ground so as in them the Laws of England could not possibly be put in execution Therefore these good Laws and provisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little use can be made till the Lute be made fit to be plaid upon And that the execution of all these Laws had no greater latitude than the Pale is manifest by the Statute of the thirteenth of Henry the eighth cap. 3. which reciteth that at that time the Kings Laws were obeyed and executed in the four shires onely and yet then was the Earl of Surrey Lieutenant of Ireland a Governor much feared of the Kings Enemies and exceedingly honored and beloved of the Kings subjects And the Instructions given by the state of Ireland to John Allen Master of the Rolls employed into England neer about the same time do declare as much wherein among other things he is required to advertise the King that his Land of Ireland was so much decayed as that the Kings Laws were not obeyed twenty miles in compass Whereupon grew that By-word used by the Irish viz. That they dwelt By-west the Law which dwelt beyond the River of the Barrow which is within thirty miles of Dublin The same is testified by Baron Finglas in his Discourse of the decay of Ireland which he wrote about the twentieth year of King Henry the eighth And thus we see the effect of the Reformation which was intended by Sir Edward Poynings THE next Attempt of Reformation was made in 28 year of King Henry the eighth by the Lord Leonard Gray who was created Viscount of Grane in this Kingdom and held a Parliament wherein many excellent Laws were made But to prepare the mindes of the people to obey these Laws he began first with a Martial course For being sent over to suppress the Rebellion of the Giraldines which he performed in few moneths he afterwards made a victorious Circuit round about the Kingdom beginning in Offaly against O Connor who had aided the Giraldines in their Rebellion and from thence passing along through all the Irish Countreys in Leinster and so into Munster where he took pledges of the degenerate Earl of Desmond and thence into Conaght and thence into Vlster and then concluded this Warlike Progress with the Battel of Belahoo in the borders of Meath as is before remembred The principal Septs of the Irishry being all terrified and most of them broken in this journey many of their chief Lords upon this Deputies return came to Dublin and made their submissions to the Crown of England namely the O Neals and O Relies of Vlster Mac Murrogh O Birn and O Carrol of Leinster and the Bourks of Conaght This preparation being made he first propounded and passed in Parliament these Laws which made the great alteration in the State Ecclesiastical namely the Act which declared King Henry the eighth to be supreme head of the Church of Ireland The Act prohibiting Appeals to the Church of Rome the Act for first-fruits and twentieth part to be paid to the King the Act for Faculties and Dispensations And lastly the Act that did utterly abolish the usurped authority of the Pope Next for the encrease of the Kings Revenue by one Act he suppressed sundry Abbies and Religious Houses and by another Act resumed the Lands of the Absentees as is before remembred And for the Civil Government a special Statute was made to abolish the Black-rents and Tributes exacted by the Irish upon the English Colonies and another Law enacted that the English Apparel Language and manner of living should be used by all such as would acknowledge themselves the Kings Subjects This Parliament being ended the Lord Leonard Gray wâ—s suddenly revokt and put to death in England so as he lived not to finish the work of Reformation whâ—ch he had begun which notwithstanding was weâ—l pursued by his Successor Sir Anthony Saint Leger unto whom all the Lords and Chieftains of the Irishry and of the degenerate English throughout the Kingdom made their several submissions by Indenture which was the fourth general submission of the Irish made since the first attempt of the Conquest of Ireland whereof the first was made to King Henry the second the second to King John the third to K. Richard the second and his last to Sir Anthony Saint Leger in 33 H. 8. IN these Indentures of Submission all the Irish Lords do acknowledge King Henry the eighth to be their Soveraign Lord and King and desire to be accepted of him as Subjects They confess the Kings Supremacy in all causes and do utterly renounce the Popes Jurisdiction which I conceive to be worth the noting because when the Irish had once resolved to obey the King they made no scruple to renounce the Pope And this was not onely done by the meer Irish but the chief of the degenerate English Families did perform the same as Desmond Barry and Roche in Munster and the Bourks which bâ—re the title of Mac William in Conaght These Submissions being thus taken the Lord Deputy and Council for the present Government of those Irish Countreys made certain Ordinances of State not agreeable altogether with the Rules of the Law of England the reason whereof is exprest in the Preamble of those Ordinances Quia nondum sic sapiunt leges Jura ut secundum ea jam immediate vivere regi possint The chief points or Articles of which Orders registred in the Council Book are these That King Henry the eighth should be accepted reputed and named King of Ireland by all the Inhabitants of the Kingdom that all Archbishops and Bishops should be permitted to exercise their Jurisdiction in every Diocess throughout the Land that Tythes should be duely set out and paid that Children should not be admitted to Benefices that for every Man-sâ—aughter and theft above fourteen pence committed in the Irish Countrys the offendor should pay a fine of forty pound twenty pound to the King and twenty pound to the Captain of the Countrey and for every theft under fourteen pence a fine of five marks should be paid forty six shilling eight pence to the Captain twenty shillings to the Tanister that Horsemen Kearn should not be imposed upon the common people to be fed maintained by them that the Master should answer for his servants and the Father for his children That Cuttings should not be made by the Lord upon his Tenants to maintain war with his neighbours but onely to bear his necessary expences c. These Ordinances of State being made and published there were nominated and appointed in every Province certain Orderers or Arbitrators who instead of these Irish Brehons should hear and determine
to give a civil education to the Youth of this Land in the time to come provision was made by another Law that there should be one Free schoole at least erected in every Diocess of the Kingdom And lastly to inure and acquaint the people of Munster and Conaght with the English Government again which had not been in use among them for the space of 200. years before he instituted two Presidency Courts in those two Provinces placing Sir Edward Fitton in Conaght and Sir John Perrot in Munster To augment the Kings Revenue in the same Parliament upon the attainder of Shane O Neale he resumed and vested in the Crown more than half the Provinne of Vlster He raised the customs upon the principal commodities of the Kingdom He reformed the abuses of the Exchequer by many good orders and instructions sent out of England and lastly he established the composition of the Pale in lieu of Purveyance and Sess of Souldiers These were good proceedings in the work of Reformation but there were many defects and omissions withall for though he reduced all Conaght into Counties he never sent any Justices of Assize to visit that Province but placed Commissioners there who governed it only in a course of discretion part Martial and part Civil Again in the Law that doth abolish the Irish Captain-ships he gave way for the reviving thereof again by excepting such as should be granted by Letters Patents from the Crown which exception did indeed take away the force of that law For no Governor during Queen Elizabeths Reign did refuse to grant any of those Captain-ships to any pretended Irish Lord who would Desire and with his thankfulness Deserve the same And again though the greatest part of Vlster were vested by Act of Parliament in the actual and real possession of the Crown yet was there never any seisure made thereof nor any part thereof brought into charge but the Irish were permitted to take all the profits without rendering any duty or acknowledgement for the same and though the Name of O Neale were damned by that Act and the assuming thereof made High-Treason yet after that was Tirlagh Leynnagh suffered to bear that Title and to intrude upon the possessions of the Crown and yet was often entertained by the State with favour Neither were these lands resumed by the Act of II of Elizabeth neglected only for the Abbyes and religious Houses in Tyrone Tirconnell and Fermanagh though they were dissolved in the 33. of Henry 8. were never surveyed nor reduced into charge but were continualy possest by the religious persons untill His Majesty that now is came to the Crown and that which is more strange the Donations of Bishopricks being a flower of the Crown which the Kings of England did ever retain in all their Dominions when the Popes usurped Authority was at the highest There were three Bishopricks in Vlster namely Derry Rapho and Clogher which neither Queen Elizabeth nor any of her Progenitors did ever bestow though they were the undoubted Patrons thereof So as King James was the first King of England that did ever supply these Sees with Bishops which is an argument either of great negligence or of great weakness in the State and Governors of those times And thus far proceeded Sir Henry Sidney AFter him Sir John Perrot who held the last Parliament in this Kingdom did advance the Reformation in three principal points First in establishing the great composition of Conaght in which service the wisdom and industry of Sir Richard Bingham did concur with him next in reducing the unreformed parts of Vlster into seven shires namely Adrmagh Monahan Tirone Colerain Donagall Fermannagh and Cavan though in his time the law was never executed in these new Counties by any Sheriffs or Justices of Assize but the people left to be ruled still by their own barbarous Lords and laws And lastly by vesting in the Crown the Lands of Desmond and his Adherents in Munster and planting the same with English though that plantation were imperfect in many points AFter Sir John Perrot Sir William Fitz-Williams did good service in two other points First in raising a composition in Munster and then in setling the possessions both of the Lords and Tenants in Monahan which was one of the last Acts of State tending to the reformation of the civil Government that was performed in the raign of Queen Elizabeth Thus we see by what degrees and what pollicy and success the Governors of this Land from time to time since the beginning of the raign of King Edward the third have endeavoured to reform and reduce this people to the perfect obedience of the Crown of England And we finde that before the Civil Wars of Yorke and Lancaster they did chiefly endeavour to bring back the degenerate English Colonies to their Duty and Allegiance not respecting the meer Irish whom they reputed as Aliens or Enemies of the Crown But after King Henry 7. had united the Roses they laboured to reduce both English and Irish together which work to what pass and perfection it was brought in the latter end of Qu. Elizabeths raign hath been before declared Whereof sometimes when I do consider I do in mine own conceit compare these later Governors who went about to reform the Civil Affairs in Ireland unto some of the Kings of Israel of whom it is said That they were good Kings but they did not cut down the Groves and High places but suffered the people still to burn Incense and commit Idolatry in them so Sir Anthony Saint-Leger the Earl of Sussex Sir Henry Sidney and Sir John Perrot were good Governors but they did not abolish the Irish Customs nor execute the Law in the Irish Countries but suffered the people to worship their barbarous Lords and to remain utterly ignorant of their Duties to God and the King AND now I am come to the happy Reign of my most Gracious Lord and Master K. James in whose time as there hath been a concurrence of many great Felicities so this among others may be numbred in the first rank that all the Defects in the â—overnment of Ireland spoken of before have been fully supplyed in the first nine years of his raign In which time there hath been more done in the work and reformation of this Kingdom than in the 440. years which are past since the Conquest was first attempted Howbeit I have no purpose in this Discourse to set forth at large all the proceedings of the State here in reforming of this Kingdom since his Majesty came to the Crown for the parts and passages thereof are so many as to express them fully would require a several Treatise Besides I for my part since I have not flattered the former times but have plainly laid open the negligence and errors of every Age that is past would not willingly seem to flatter the present by amplifying the diligence and true Judgment of those Servitors that have laboured