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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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Mac Mahon others who with the like Humility and Ceremony did homage and fealtie to the Kings owne person the words of O Neales homage as they are recorded are not vnfit to be remembered Ego Nelanus Oneal Senior tam pro meipso quā pro filijs mels tota Natione mea Parentelis meis pro omnibus subdit is me is deuenio ' Ligeus homo vester c. And in the Indenture betweene him and the King he is not onely bound to remaine faithfull to the Crowne of England but to restore the Bonaght of Vlster to the Earle of Vlster as of right belonging to that Earledomc vsurped among other things by the Oneales These Indentures and submissions with many other of the same kinde for there was not a Chieftaine or head of an Irish sept but submitted himselfe in one forme or other the King himselfe caused to bee enrolled and testified by a Notary publique deliuered the enroulments with his owne hands to the Byshop of Salisbury then Lord Treasurer of England so as they haue beene preserued and are now to be found in the Office of the Kings Remembrancer there With these humilities they satisfied the young King and by their bowing and bending auoyded the present storme and so brake that Army which was prepared to breake them For the King hauing accepted their submissions receiued them in Osculo pacis feasted them and giuen the honor of Knight-hood to diuers of thē did breake vp and dissolue his armie and returned into England with much honor smal profit saith Froissard For though he had spent a huge masse of Treasure in transporting his army by the countenance whereof he drew on their submissions yet did hee not encrease his reuennew thereby one sterling pound nor enlarged the English borders the bredth of one Acre of Land neither did he extend the Iurisdiction of his Courtes of Justice one foote further then the English Colonies wherein it was vsed and exercised before Besides he was no sooner returned into England but those Irish Lords laide aside their maskes of humility and scorning the weake forces which the King had left behinde him beganne to infest the borders in defence whereof the Lord Roger Mortimer being then the Kings Lieutenant and heire apparent of the Crowne of England was slaine as I saide before Whereupon the king being moued with a iust appetite of reuenge came ouer againe in person in the 22. yeare of his raigne with as potent an armie as he had done before with a ful purpose to make a full Conquest of Ireland he landed at waterford and passing from thence to Dublin through the wast Countries of the Murroghes Kinshelaghes Cauanaghes Birnes and Tooles his great armie was much distressed for want of victuals and carriages so as he performed no memorable thing in that iourney onely in the Cauanaghes Countrey hee cut and cleared the paces and bestowed the honor of Knighthood vpon the Lord Henry the Duke of Lancasters son who was afterwards King Henrie the fifte and so came to Dublin where entring into Counsell how to proceede in the warre he receiued newes out of England of the arriuall of the bannished Duke of Lancaster at Rauenspurgh vsurping the Regall authority and arresting and putting to death his principall Officers This aduertisement suddainely brake off the kings purpose touching the prosecution of the warre in Ireland and transported him into England where shortly after hee ended both his raigne and his life Since whose time vntill the 39. yeare of Q Elizabeth there was neuer any armie sent ouer of a Competent strength or power to subdue the Irish but the warre was made by the English Colonies onely to defend their borders or if any forces were transmitted ouer they were sent only to suppresse the rebellions of such as were descended of English race and not to enlarge our Dominion ouer the Irish. DVring the raigne of king Henrie the fourth the Lorde Thomas of Lancaster the Kings second sonne was Lieutenant of Ireland who for the first eight yeares of that Kings raign made the Lord Scroope and others his Deputies who only defended the Marches with forces leuied within the Land In the eight yeare that Prince came ouer in person with a small retinue So as wanting a sufficient power to attempt or performe any great seruice he returned within seuen moneths after into England Yet during his personall abode there he was hurt in his owne person within one mile of Dublin vpon an incounter with the Irish enemy He tooke the submissions of O Birne of the Mountaines Mac Mahon and O Rely by seuerall Indentures wherin O Birne doth Couenant that the King shall quietly enioy the Mannor of New-Castle Mac Mahon accepteth a State in the Ferny for life rendering ten pound a yeare and O Reley doth promise to performe such duties to the Earle of March and Vlster as were contained in an Indenture dated the 18. of Richard the second IN the time of K. Henry the fift there cam no forces out of England Howbeit the Lord Furniual being the kings Lieutenant made a martial circuit or iourney round about the Marches Borders of the Pale and brought all the Irish to the Kinges peace beginning with the Birnes Tooles and Cauanaghes on the South and so passing to the Moores O Connors and Offerals in the West and ending with the O Relies Mac Mahons O Neales and O Haulons in the North. Hee had power to make them seeke the Kings peace but not power to reduce them to the Obedience of Subiectes yet this was then held so great and worthy a seruice as that the Lords chiefe Gentlemen of the Pale made certificate thereof in French vnto the King being then in France which I haue seen Recorded in the white Booke of the Exchequer at Dublin Howbeit his Armie was so ill paid and gouerned as the English suffered more dammage by the Sesse of his Souldiers for now that Monster Coigne and Liuerie which the Statute of Kilkenny had for a time abolished was risen againe from hell then they gained profit or security by abating the pride of their enemies for a time DVring the minority of King Henry the sixt and for the space of seuen or eight yeares after the Lientenants and Deputies made only a bordering warre vpon the Irish with small and scattered forces howbeit because there came no treasure out of England to pay the Soldier the poore English fubiect did beare the burthen of the men of warre in euery place were thereby so weakned and impouerished as the State of thinges in Ireland stood very desperate Whereupon the Cardinall of winchester who after the death of Humfrey Duke of Glocester did wholly sway the State of England beeing desirous to place the Duke of Somerset in the Regencie of Fraunce tooke occasion to remooue Richard Duke of Yorke from that gouernment and to send him into Ireland
disquieted with popular Commotions and after that was more trobled with the factions that arose betweene his Minions the Princes of the bloud But at last he tooke a resolution to finish the Conquest of this Realm And to that end he made two Royall voyages hither Vpon the first he was deluded by the faigned submissions of the Irish but vpon the later when he was fully bent to prosecute the warre with effect he was diuerted drawn from hence by the return of the Duke of Lancaster into England and the generall defection of the whole realme AS for Henrie the fourth he beeing an Intruder vpon the Crowne of England was hindered from all forraigne actions by sundry Conspiracies and Rebellions at home moued by the house of Northumberland in the North by the Dukes of Surrey Exceter in the South and by Oxen Glendour in Wales so as he spent his short raigne in establishing and setling him selfe in the quiet possession of England and had neyther leisure nor opportunity to vndertake the final conquest of Ireland Much lesse could King Henry the fift perfourme that worke for in the second yeare of his raigne he transported an armie into France for the recouery of that kingdome and drewe ouer to the siedge of Harflew the Priour of Kilmaincham with 1500. Irish. In which great action this victorious Prince spent the rest of his life ANd after his death the two Noble Princes his Brothers the Duke of Bedford and Glocester who during the minority of King Henry the sixte had the Gouernment of the Kingdomes of England and France did employ all their Counsels and endeuors to perfect the Conquest of France the greater part whereof beeing gained by Henry the fift retained by the Duke of Bedford was againe lost by K. Henrie the sixt a manifest argument of his disability to finish the Conquest of this Land But when the ciuill Warre betweene the two Houses was kindled the Kings of England were so farre from reducing al the Irish vnder their Obedience as they drew out of Ireland to strengthen their parties al the Nobility and Gentry descended of English race which gaue opportunitie to the Irishry to inuade the Lands of the English Colonies and did hazard the losse of the whole kingdom For though the Duke of Yorke did while he liued in Ireland carrie himselfe respectiuely towards all the Nobility to win the generall loue of all bearing equall fauour to the Giraldines and the Butlers as appeared at the Christning of George duke of Clarence who was borne in the Castle of Dublin where he made both the Earle of Kildare and the Earle of Ormond his Gossips And hauing occasion diuers times to passe into England hee left the sworde with Kildare at one time and with Ormond at another when he lost his life at wakefield there were slaine with him diuers of both those families Yet afterwards those two Noble houses of Ireland did seuerally follow the two Royall houses of England the Giraldines adhering to the house of Yorke and the Butlers to the house of Lancaster Whereby it came to passe that not onely the principall Gentlemen of both those Sur-names but all their friendes and dependants did passe into England leauing their Lands and possessions to be ouer-run by the Irish. These impediments or rather impossibilities of finishing the Conquest of Ireland did continue till the Warres of Lancaster Yorke were ended which was about the 12. yeare of King Edward the fourth Thus hitherto the Kings of England were hindred from finishing this Conquest by great and apparant impediments Henrie the second by the rebellion of his sonnes King Iohn Henry the third Edward the second by the Barons warres Edward the first by his warres in wales and Scotland Edward the third and Henry the fift by the warres of France Richard the second Henry the fourth Henrie the sixt and Edward the fourth by Domestick contention for the Crowne of England it selfe BVt the fire of the ciuil warre being vtterly quenched and K. Edward the fourth setled in the peaceable possession of the Crowne of England what did then hinder that warlicke Prince from reducing of Ireland also First the whole Realme of England was miserably wasted depopulated impouerished by the late ciuil dissentions yet assoon as it had recouered it selfe with a little peace and rest this King raised an Army and reuiued the Title of France againe howbeit this Army was no sooner transmitted and brought into the fielde but the two Kings also were brought to an interview Whereupon partly by the faire and white promises of Lewes the 11. and partly by the corruption of some of King Edwards Minions the english forces were broken and dismissed King Edward returned into England where shortly after finding himselfe deluded and abused by the French he dyed with melancholy and vexation of spirit I Omit to speake of Richard the Vsurper who neuer got the quiet possession of England but was cast out by Henry the seauenth within two yeares and a halfe after his Vsurpation ANd for King Henry the seauenth himselfe thogh he made that happy vnion of the two houses yet for more then half the space of his raign there were walking Spirites of the house of Yorke aswell in Ireland as in England which he could not coniure downe without expence of some bloud and Treasure But in his later times hee did wholly studye to improue the Reuennues of the Crowne in both Kingdomes with an intent to prouide meanes for some great action which he intēded which doubtlesse if hee had liued woulde rather haue improued a iourny into Fraunce then into Ireland because in the eyes of all men it was a fayrer enterprize THerefore King Henry the eight in the beginning of his raigne made a Voyage Royall into France wherein he spent the greatest part of that treasure which his Father had frugally reserued perhaps for the like purpose In the latter end of his raign he made the like iourney being enricht with the Reuennewes of the Abbey Lands But in the middle time between these two attemptes the great alteration which hee made in the State ecclesiasticall caused him to stand vpon his guard at home the Pope hauing sollicited al the Princes of Christendom to reuenge his quarrell in that behalf And thus was King Henry the eight tained and diuerted from the absolute reducing of the kingdom of Ireland LAstly the infancie of King Edward the sixt and the Couerture of Qu. Mary which are both Non abilities in the Lawe did in fact disable them to accomplish the Conquest of Ireland SO as now this great worke did remaine to be performed by Queene ELIZABETH who though shee were diuerted by suppressing the open rebellion in the North by preuenting diuers secret Conspiracies against her person by giuing ayds to the French and States of the Low-Countries by maintaining a Nauall war with Spaine for
king Henry the thirde gaue the whole Land of Ireland to Edward the Prince his eldest son and his heyres Ita quod non Separetur a Cona Angliae Whereupon it was styled the Land of the Lorde Edward the kings eldest sonne and all the Officers of the Land were called the Officers of Edward Lord of IRELAND and though this Edward were one of the most actiue Princes that euer liued in England yet did he not either in the life time of his father or during his own raign come ouer in person or transmit any armie into Ireland but on the other side he drew sundry ayds supplies of men out of Ireland to serue him in his warres in Scotland wales and Gascoigne And again though king Edw the second sent ouer Piers Gaueston with a great retinue it was neuer intended he should perfect the Conquest of Ireland for the K. could not want his company so long a time as must haue beene spent in the finishing of so tedious a worke So then in all that space of time betweene the twelfth yeare of king Iohn and the 36. yeare of king Edward the third containing 150. years or thereabouts although there were a continuall bordering war between the English and the Irish there came no royall army out of England to make an end of the warre But the chiefe Gouernors of the realme who were at first called Custodes Hiberniae and afterwards Lords Iustices and the English Lordes who had gotten so great possessions and Royalties as that they presumed to make warre and peace without direction from the State did leuie all their forces within the land But those forces were weakely supplied and Ill Gouerned as I said before Weakly supplyed with men and Money and gouerned with the worst Discipline that euer was seene among men of warre And no maruell for it is an infallible rule that an army ill paide is euer vnruly and Ill gouerned The standing forces heere were sildome or neuer re-enforced out of England and such as were either sent from thence or raised heer did commonly do more hurt and damage to the English Subiects then to the Irish enemies by their continuall Sesse and Extortion Which mischiefe did arise by reason that little or no Treasure was sent out of England to pay the soldiers wages Onely the Kings reuennew in Ireland was spent and wholy spent in the publicke seruice and therefore in al the ancient Pipe-Rols in the times of Henry the third Edward the first Edward the second Edward the third betweene the Receipts and allowances there is this entrie In Thesauro nihil For the Officers of the State and the Army spent all so as there was no surplusage of Treasure and yet that All was not sufficient For in default of the Kings pay aswell the ordinary forces which stood continually as the extraordinarie which were leuied by the cheefe Gouernor vpon iourneyes and generall hoastings were for the most part laid vpon the poore subiect descended of English race howbeit this burden was in some measure tolerable in the time of King Henry the third and King Edward the first but in the time of King Edward the second Maurice Fitz-Thomas of Desmond beeing chiefe Commander of the army against the Scots began that wicked extortion of Coigne and Liuery and pay that is He his army tooke Horse meate and Manfmeate and money at their pleasure without any Ticket or other fatisfaction And this was after that time the generall fault of all the Gouernours and Commanders of the army in this Lande Onely the Golden saying of Sir Thomas Rookesby who was Iustice in the thirtieth yeare of king Edward the 3. is recorded in all the Annalles of this kingdome That he would eate in wodden dishes but would pay for his Meat Gold Siluer Besides the English Colonies being dispersed in euerie Prouince of this kingdome were enforced to keepe continuall guards vpon the Borders Marches round about them which Guardes consisting of idle souldiers were likewise imposed as a continuall burthen vppon the poore English Free-holders whome they oppressed and impouerished in the same manner And because the great English Lords Captaines had power to impose this charge when and where they pleased manie of the poore Freeholders were glad to giue vnto those Lords a great part of their Lands to hold the rest free from that extortion And many others not being able to endure that intollerable oppression did vtterly quit their freeholds and returned into England By this meane the English Colonies grew poore and weake though the english Lords grew rich and mighty for they placed Irish Tenants vppon the Landes relinquished by the English vpon them they leuied all Irish exactions with them they married and fostered and made Gossips so as within one age the English both Lords and Free-holders became degenerate and meer Irish in their Language in their apparrell in their armes and maner of fight all other Customes oflife whatsoeuer By this it appeareth why the extortion of Coigne and Liuory is called in the old Statutes of Ireland A Damnable custome and the imposing taking thereof made High Treason And it is saide in an ancient discourse Of the De●…y of Ireland that though it were first inuented in Hell yet if it had been vsed and practised there as it hath been in Ireland it had long since destroyed the very kingdome of Belzebub In this manner was the warre of Ireland carried before the comming ouer of Lionel Duke of Clarence This young Prince being Earle of Vlster and Lord of Conaght in right of his wife who was daughter and heire of the Lord VVilliam Bourke the last Earle of Vlster of that family slaine by treachery at Knockfergus was made the Kings Lieutenant of Ireland and sent ouer with an army in the 36. year of King Edward the third The Rol and List of which Army doth remaine of Record in the Kings Remembrauncers Office in England in the presse de Rebust augentibus Hiberniam dooth not containe aboue fifteene hundred men by the Poll which because it differs somewhat from the manner of this age both in respect of the Command and the Entertainment I thinke it not impertinent to take a briefe view thereof The Lord Lionel was Generall and vnder him Raulf earle of Staffora Iames Earle of Ormond Sir Iohn Carew Banneret Sir William winsor other knights were Commanders The entertainment of the Generall vpon his first arriuall was but six shillings eight pence per diem for himselfe for fiue Knights two shillings a peece per diem for 64. Esquires xij d a peece per diem for 70 Archers vj. d. a peece per diem But being shortly after created Duke of Clarence which honor was conferred vpon him beeing heere in Ireland his entertainement was raised to xiij s. iiij d. per diem for himselfe for 8. Knights ij s. a piece per
called the Crosse wherein the K. made a Sheriffe And so in each of these Counties Palatines there were two Sheriffes One of the Libertie another of the Crosse As in Meth we find a Sheriffe of the Liberty and a Sheriffe of the Crosse And so in Vlster so in wexford And so at this day the Earle of Ormond maketh a Sheriffe of the Liberty and the King a Sheriffe of the Crosse of Tipperary Heereby it is manifest how much the Kinges Iurisdiction was restrained and the power of these Lords enlarged by these High Priuiledges And it doth further appear by one Article among others preferred to King Edward the thirde touching the reformation of the state of Ireland which we finde in the Tower in these words Item les francheses grantes in Irelād que sont Roialles telles come Duresme Cestre vous oustont cybien de les profits Come de graunde partie de Obeisance des persons enfrancheses en quescū franchese est Chancellerie Chequer Conusans de pleas cybien de la Coronne come autres communes grantont auxi Charters de pardon et sont souent per ley et reasonable cause seisses envostre main a grand profit de vous et leigerment restitues per maundemēt hors de Englettere a damage c. Vnto which Article the K. made answer Le Roy voet que les francheses que sont et serront per iuste cause prises en sa main ne soent my restitues auant que le Roy soit certifie de la cause de la prise de icelles 26. Ed. 3. Claus. m. 1. Again these great Vndertakers were not tied to any forme of plantation but all was left to their discretion and pleasure And although they builded Castles and made Free-holders yet were there no tenures or seruices reserued to the Crowne but the Lords drew all the respect and dependancie of the common people vnto Themselues Nowe let vs see what inconueniences did arise by these large and ample Grants of Landes and Liberties to the first Aduenturers in the Conquest ASsuredly by these Grants of whole Prouinces and pettie Kingdomes those few English Lordes pretended to be proprieters of all the Land so as there was no possibility left of setling the Natiues in their possessions and by consequence the Conquest becam impossible without the vtter extirpation of all the Irish which these English Lords were not able to doe nor perhaps willing if they had bin able Notwithstanding because they did still hope to become Lordes of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants and because they did feare that if the Irish were receiued into the Kings protection and made Liege-men and Free-subiectes the state of England woulde establish them in their possessions by Graunts from the Crowne reduce their Countries into Counties ennoble some of them and enfranchise all and make them amesueable to the Lawe which woulde haue abridged and cut off a great part of that greatnesse which they had promised vnto themselues they perswaded the King of England that it was vnfit to Communicate the Lawes of England vnto them that it was the best pollicie to holde them as Aliens and Enemies and to prosecute them with a continuall warre Heereby they obtained another Royal prerogatiue and power which was to make Warre and peace at their pleasure in euery part of the Kingdome Which gaue them an absolute Commaund ouer the Bodies Landes and Goods of the English subiectes heere And besides the Irish inhabiting the Lands fully Conquered and reduced being in condition of slaues and Villaines did render a greater profit and Reuennew then if they had bin made the Kings Free-subiects And for these two causes last expressed they were not willing to root out all the Irishry We may not therfore meruaile that when King Edward the third vpon the petition of the Irish as is before remembred was desirous to be certified De voluntate magnatum suorum in proximo Parliamento in Hibernia tenend si sine alieno praeiudicio cōcederepossit quod per statut inde fact Hibernici vtantur legibus Anglicanis siue chartis Regijs inde Impetrandis that there was neuer any Statute made to that effect For the troth is that those great English Lords did to the vttermost of their power crosse and withstand the enfranchisement of the Irish for the causes before expressed Wherein I must stil cleare and acquit the Crown and State of England of negligence or ill pollicy and lay the fault vppon the Pride Couetousnesse ill Counsell of the English planted heer which in all former ages haue bin the chiefe impediments of the final Conquest of Ireland AGaine those large scopes of Land and great Liberties with the absolute power to make warre and peace did raise the English Lordes to that height of Pride and Ambition as that they could not endure one another but grew to a mortall warre and dissention among themselues as appeareth by all the Records and Stories of this Kingdome First in the yeare 1204. the Lacies of Meth made Warre vpon Sir Iohn Courcy who hauing taken him by treachery sent him prisoner into England In the yeare 1210. King Iohn comming ouer in person expelled the Lacies out of the Kingdome for their tiranny and oppression of the English howbeit vppon payment of great Fines they were afterward restored In the yeare 1228. that family beeing risen to a greater heighth for Hugh de Lacy the yonger was created Earle of Vlster after the death of Courcy without yssue there arose dissention and warre betweene that house and william Marshall Lorde os Leinster whereby all Meth was destroyed and layd wast In the yeare 1264. Sir walter Bourke hauing married the Daughter heire of Lacy whereby he was Earl of Vlster in right of his Wife had mortall debate with Maurice Fitz-Morice the Geraldine for certaine Lands in Conaght So as all Ireland was full of Wars between the Bourkes and the Geraldines say our Annalles Wherein Maurice Fitz-Morice grew so insolent as that vppon a meeting at Thistledermot he took the Lord Iustice himselfe Sir Richard Capell prisoner with diuers Lords of Mounster beeing then in his Company In the yeare 1288. Richard Bourke Earle of Vlster commonly called the Red Earle pretending title to the Lordship of Meth made warre vpon Sir Theobald de Verdun and besiedged him in the Castle of Athloue Againe in the yeare 1292. Iohn Fitz-Thomas the Geraldine hauing by contention with the Lorde Vesci gotten a goodly inheritance in Kildare grew to that heighth of immagination saith the Story as he fell into difference with diuers great Noblemen and among many others with Richard the Red Earle whom he took prisoner and detained him in Castle Ley and by that dissention the English on the one side and the Irish on the other did wast and destroy all the Countrey After in the yeare 1311. the same Red Earle
Henry 7. For albeit in the time of King Henry 6. Richard duke of York a Prince of the blood of great wisedome and valour and heir to a third part of the Kingdome at least being Earle of Vlster and Lord of Conaght and Meth was sent the Kinges Lieutenant into Ireland to recouer and reforme that Realme where he was resident in person for the greatest part of 10. yeares yet the troth is he aymed at another marke which was the Crown of England And therefore he thought it no pollicy to distast either the English or Irish by a course of reformation but sought by all meanes to please them and by popular courses to steale away their hearts to the end hee might strengthen his party when he should set on foot his Title as is before declared Which policy of his tooke such effect as that he drew ouer with him into England the Flower of all the English Colonies specially of Vlster and Meth whereof many Noblemen and Gentlemen were slain with him at wakefield as is likewise before remembred And after his Death when the warres between the Houses were in their heat almost al the good English bloud which was left in Ireland was spent in those ciuill dissentions so as the Irish became victorious ouer all without Bloud or Sweat Only that little Canton of Lande called the English Pale containing 4. small Shires did maintain a bordering war with the Irish and retaine the forme of English Gouernment But out of that little Precinct there were no Lordes Knights or Burgesses summoned to the Parliament neither did the Kings Writt run in anie other part of the kingdome and yet vpon the Marches Borders which at that time were growne so large as they tooke vp halfe Dublin half Meth and a third part of Kildare and Lowth there was no law in vse but the MarchLawe which in the Statutes of Kilkenny is said to be no Law but a leud Custome So as vpon the end of these ciuill warres in England the English Law Gouernment was well banisht out of Ireland so as no foot-steppe or print was left of any former Reformation THen did King Henry 7. send ouer Sir Edward Poynings to be his Depuputy a right worthy seruitor both in war and peace The principall end of his employment was to expel Perkin warbecke out of this kingdome but that seruice beeing perfourmed that worthy Deputy finding nothing but a common misery tooke the best course he possibly could to establish a Common-wealth in Ireland and to that end he held a Parliament no lesse famous then that of Kilkenny and more auaileable for the reformation of the whole Kingdome For whereas all wise men did euer concur in opinion that the readiest way to reform Ireland is to settle a forme of Ciuill Gouernment there conformable to that of England To bring this to passe Sir Edward Poynings did passe an Acte whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but prouided also for the time to come For he caused another Law to be made that no Act should be propounded in any Parliament of Ireland but such as should bee first transmitted into England and approued by the King and Counsell there as good and expedient for that Land and so returned backe againe vnder the Great Seale of England This Act though it seeme Prima facie to restrain the liberty of the subiects of Ireland yet was it made at the Prayer of the Commons vpon iust and important cause For the Gouernors of that realm specially such as were of that Contry Birth had layd many oppressions vpon the Commons and amongst the rest they had imposed Lawes vppon them not tending to the generall good but to serue priuate turnes and to strengthen their particular factions This moued them to referre all Lawes that were to be passed in Ireland to be considered corrected and allowed first by the State of England which had alwaies bin tender carefull of the good of this people and had long since made them a Ciuill Rich and Happy Nation if their own Lords and Gouernors there had not sent bad intelligence into England Besides this he took special order that the summons of Parliament should go into all the shires of Ireland and not to the foure shires only and for that cause specially hee caused all the Acts of a Parliament lately before holden by the Viscount of Gormanston to be repealed and made voide Moreouer that the Parliamentes of Ireland might want no desent or honorable forme that was vsed in England he caused a particular Act to passe that the Lords of Ireland should appeare in the like Parliament Robes as the English Lords are wont to weare in the Parliaments of England Hauing thus established all the statutes of England in Ireland and set in order the great Counsell of that Realme he did not omit to passe other Lawes aswell for the encrease of the Kings Reuennue as the preseruation of the publick peace To aduaunce the profites of the Crown First he obtained a subsidy of 26. s. 8. d. out of euery sixe score Acres manured payable yearely for 5. years Next he resumed al the Crown land which had been aliened for the most part by Richard Duke of Yorke lastly he procured a subsidy of Pondage out of all Merchandizes imported exported to be granted to the Crown in perpetuity To preserue the publicke peace he reuiued the statutes of Kilkenny He made wilfull murther High-Treason he caused the Marchers to book their men for whom they should answere and restrained the making Warre or peace without speciall Commission from the State These Lawes and others as important as these for the making of a commonwealth in Ireland wer made in the Gouernment of Sir Edward Poynings But these Lawes did not spread their Vertue beyonde the English Pale though they were made generally for the whole Kingdome For the Prouinces without the Pale which during the warre of Yorke and Lancaster had wholly cast off the English Gouernement were not apt to receyue this seed of reformation because they were not first broken and maistered againe with the sword Besides the Irish Countreyes which contained two third parts of the Kingdome were not reduced to Shire-Ground so as in thē the Lawes of England could not possibly be put in execution Therefore these good Laws prouisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little vse can be made till the Lute bee made fit to be plaid vpon And that the execution of al these Lawes had no greater Latitude then the Pale is manifest by the Statute of 13. of Henry 8. c. 3. which reciteth that at that time the Kings Lawes were obeyed and executed in the four shires onely and yet then was the Earle of Surrey Lieutenant of