Henry the second in the Kingdom of England had less reason to bend his power towards the Conquest of this Land which was given in perpetuity to the Lord John his Brother And therefore went he in person to the Holy War by which journey and his Captivity in Austria and the heavy ransome that he paid for his liberty he was hindred and utterly disabled to pursue any so great an action as the Conquest of Ireland And after his delivery and return hardly was he able to maintain a Frontier War in Normandy where by hard fortune he lost his life KIng John his Brother had greatest reason to prosecute the War of Ireland because the Lordship thereof was the portion of his inheritance given unto him when he was called John Sans-Terre Therefore he made two journeys thither one when he was Earl of Morton and very young about twelve years of age the other when he was King in the twelfth year of his Reign In the the first his own youth and his youthful company Roboams Counsellors made him hazard the loss of all that his Father had won But in the latter he shewed a resolution to recover the entire Kingdom in taking the submissions of all the Irishry and settling the estates of the English and giving order for the building of many Castles and Forts whereof some remain until this day But he came to the Crown of England by a defeasible Title so as he was never well settled in the hearts of the people which drew him the sooner back out of Ireland into England where shortly after he fell into such trouble and distress The Clergy cursing him on the one side and the Barons Rebelling against him on the other as he became so far unable to return to the Conquest of Ireland as besides the forfeiture of the Territories in France he did in a manner lose both the Kingdoms For he surrendred both to the Pope and took them back again to hold in Fee-farm which brought him into such hatred at home and such contempt abroad as all his life time after he was possest rather with fear of loosing his head than with hope of reducing the Kingdom of Ireland DUring the infancy of Henry the third the Barons were troubled in expelling the French whom they had drawn in against King John But this Prince was no sooner come to his majority but the Barons raised a long and cruel war against him Into these troubled waters the Bishops of Rome did cast their Nets and drew away all the wealth of the realm by their provisions and infinite exactions whereby the Kingdom was so impoverished as the King was scarce able to feed his own houshold and train much less to nourish Armies for the conquest of Forraign Kingdoms And albeit he had given this Land to the Lord Edward his eldest son yet could not that worthy Prince ever find means or opportunity to visit this Kingdom in person For from the time he was able to bear armes he served continually against the Barons by whom he was taken prisoner at the battel of Lewes And when that rebellion was appeased he made a journey to the Holy Land an employment which in those dayes diverted all Christian Princes from performing any great actions in Europe from whence he was returned when the Crown of England descended upon him THis King Edward the first who was a Prince adorned with all vertues did in the managing of his affairs shew himself a right good husband who being Owner of a Lordship ill husbanded doth first enclose and mannure his demeasnes near his principal house before he doth improve his wasts afar off Therefore he began first to establish the Common-wealth of England by making many excellent Laws and instituting the form of publick Justice which remaineth to this day Next he fully subdued and reduced the Dominion of Wales then by his power and authority he setled the Kingdom of Scotland and lastly he sent a Royal army into Cascoigne to recover the Dutchy of Aquitain These four great actions did take up all the raign of this Prince And therefore we find not in any Record that this King transmitted any Forces into Ireland but on the other side we find it recorded both in the Annals and in the Pipe-Rolls of this Kingdom that three several Armies were raised of the Kings subjects in Ireland and transported one into Scotland another into Wales and the third into Cascoigne and that several aids were levyed here for the setting forth of those armies THe Son and Successor of this excellent Prince was Edward the second who much against his will sent one small army into Ireland not with a purpose to finish the Conquest but to guard the person of his Minion Piers Gaveston who being banished out of England was made Lieutenant of Ireland that so his exile might seem more honourable He was no sooner arrived here but he made a journey into the Mountains of Dublin brake and subdued the Rebels there built New-Castle in the Birnes Country and repaired Castlekeuin and after passed up into Mounster and Thomond performing every where great service with much Vertue and Valour But the King who could not live without him revokt him within less than a year After which time the invasion of the Scots and Rebellion of the Barons did not only disable this King to be a Conqueror but deprived him both of his Kingdom and life And when the Scottish nation had over-run all this land under the conduct of Edw. le Bruce who stiled himself King of Ireland England was not then able to send either men or mony to save this Kingdom Only Roger de Mortimer then Justice of Ireland arrived at Youghall cum 38. milit saith Friar Clinn in his Annals But Bremingham Verdon Stapleton and some other private Gentlemen rose out with the Commons of Meth and Vriel and at Fagher near Dondalke a fatal place to the enemies of the Crown of England overthrew a potent army of them Et sic saith the red Book of the Exchequer wherein the victory was briefly recorded per manus communis populi dextram dei deliberatur populus dei a servitute machinata praecogitata IN the time of King Edward the third the impediments of the Conquest of Ireland are so notorious as I shall not need to express them to wit the war which the King had with the Realms of Scotland and of France but especially the Wars of France which were almost continual for the space of forty years And indeed France was a fairer mark to shoot at than Ireland and could better reward the Conqueror Besides it was an inheritance newly descended upon the King and therefore he had great reason to bend all his power and spend all his time and treasure in the recovery thereof And this is the true cause why Edward the third sent no army into Ireland till the 36. year of his
middle time between these two attempts the great alteration which he made in the State Ecclesiastical caused him to stand upon his guard at home the Pope having sollicited all the Princes of Christendom to revenge his quarrel in that behalf And thus was King Henry the eighth detained and diverted from the absolute reducing of the Kingdom of Ireland LAstly the infancy of King Edward the sixth and the Coverture of Qu. Mary which are both Non abilities in the Law did in fact disable them to accomplish the Conquest of Ireland SO as now this great work did remain to be performed by Queen ELIZABETH who though she were diverted by suppressing the open rebellion in the North by preventing divers secret Conspiracies against her person by giving aids to the French and States of the Low-Countries by maintaining a Naval war with Spain for many years together yet the sundry rebellions joyned with forraign invasions upon this Island whereby it was in danger to be utterly lost and to be possessed by the Enemies of the Crown of England did quicken her Majesties care for the preservation thereof and to that end from time to time during her Reign she sent over such supplies of men and treasure as did suppress the Rebels and repell the invaders Howbeit before the transmitting of the last great army the forces sent over by Queen Elizabeth were not of sufficient power to break and subdue aâ—l the Irishry and to reduce and reform the whole Kingdom but when the general defection came which came not without a special providence for the final good of that Kingdom though the second causes thereof were the faint prosecution of the War against Tyrone the practises of Priests and Jesuites and the expectation of the aids from Spain Then the extream peril of loosing the Kingdom the dishonour and danger that might thereby grow to the Crown of England together with a just disdain conceived by that great minded Queen that so wicked and ungratefull a Rebell should prevail against Her who had ever been victorious against all her enemies did move and almost enforce her to send over that mighty army and did withall enflame the hearts of the Subiects of England chearfully to contribute towards the maintaining thereof a Million of sterling pounds at least which was done with a purpose only to Save and not to Gain a Kingdom To keep and retain that Soveraignty which the Crown of England had in Ireland such as it was and not to recover a more absolute Dominion But as it faileth out many times that when a house is on fire the Owner to save it from burning pulleth it down to the ground but that pulling down doth give occasion of building it up again in a better form So these last Wars which to save the Kingdome did utterly break and destroy this people produced a better effect than was at first expected For every Rebellion when it is supprest doth make the subject weaker and the Prince stronger So this general revolt when it was overcome did produce a general Obedience and Reformation of all the Irishry which ever before had been disobedient and unreformed and thereupon ensued the final and full conquest of Ireland And thus much may suffice to be spoken touching the defects in the martial affairs and the weak and faint prosecution of the war and of the several Impediments or employments which did hinder or divert every King of England successively from reducing Ireland to their absolute subjection IT now remaineth that we shew the defects of the Civil Policy and Government which gave no less impediment to the perfection of this Conquest THe first of that kind doth consist in this That the Crown of England did not from the beginning give Laws to the Irishry whereas to give Laws to a conquered people is the principal mark and effect of a perfect Conquest For albeit King Henry the second before his return out of Ireland held a Council or Parliament at Lissemore Vbi Leges Angliae ab omnibus sunt gratanter receptae Juratoria Cautione praestita confirmatae as Matth. Paris writeth And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and placed Sheriffs and other Ministers to rule and govern the people according to the Law of England and to that end Ipse duxit secum viros discretos legis peritos quorum communi consilio scatuit praecepit leges Anglicanas teneri in Hibernia c. as we finde it recorded among the Patent Rolls in the Tower 11 Hen. 3. m. 3. Though likewise King Henry the third did grant and transmit the like Charter of Liberties to his Subjects of Ireland as himself and his Father had granted to the Subjects of England as appeareth by another Record in the Tower 1 Hen. 3. Pat. m. 13. And afterwards by a special Writ did command the Lord Justice of Ireland Quod convocatis Archiepiscopis Episcopis Comitibus Baronibus c. Coram eis legi faceret Chartam Regis Johannis quam ipse legi fecit jurari à Magnatibus Hiberniae de legibus Constitutionibus Angliae observandis quod leges illas teneant observent 12 Hen. 3. Claus m. 8. And after that again the same King by Letters Patents under the Great Seal of England did confirm the Establishment of the English Laws made by King John in this form Quia pro Communi utilitate terrae Hiberniae ac unitate terrarum de Communi Consilio provisum sit quod omnes leges consuetudines quae in regno Angliae tenentur in Hiberniâ teneantur eadem terra ejusdem legibus subjaceat ac per easdem regatur sicut Johannes Rex cum illic esset Statuit firmiter mandavit ideo volumus quod omnia brevia de Communi Jure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo nostro c. Teste meipso apud Woodstock c. Which Confirmation is found among the Patent Rolls in the Tower Anno 30. Hen. 3. Notwithstanding it is evident by all the Records of this Kingdom that onely the English Colonies and some fews Septs of the Irishry which were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England and that the Irish generally were held and reputed Aliens or rather enemies to the Crown of England insomuch as they were not onely disabled to bring any actions but they were so far out of the protection of the law as it was often adjudg'd no felony to kill a meer Irishman in the time of peace That the meer Irish were reputed Aliens appeareth by sundry Records wherein Judgement is demanded if they shall be answered in Actions brought by them and likewise by the Charters of Denization which in all ages were purchased by them In the Common Plea Rolls of 28 Edward the third which
both Kingdoms than it did at any time since the Norman Conquest Then did the State of England send over John de Hotham to be Treasurer here with commission to call the great Lords of Ireland together and to take of them an Oath of Association that they should loyally joyn together in life and death to preserve the right of the King of England and to expel the common enemy But this Treasurer brought neither men nor mony to perform this service At that time though Richard Bourk Earl of Vlster commonly called the Red Earl were of greater power than any other Subject in Ireland yet was he so far stricken in years as that he was unable to manage the martial affairs as he had done during all the raign of King Edward the first having been General of the Irish forces not only in this Kingdom but in the Wars of Scotland Wales and Gascoign And therefore Maurice Fitz-Thomas of Desmond being then the most active Noble man in this Realm took upon him the chief command in this War for the support whereof the Revenue of this Land was farr too short and yet no supply of Treasure was sent out of England Then was there no means to maintain the Army but by Sessing the Soldiers upon the Subject as the Irish were wont to impose their Bonaught Whereupon grew that wicked Extortion of Coigne and Livery spoken of before which in short time banished the greatest part of the Free-holders out of the County of Kerry Limerirk Corke and Waterford Into whose possessions Desmond and his Kinsemen Allies and Followers which were then more Irish than English did enter and appropriate these Lands unto themselves Desmond himself taking what scopes he best liked for his demeasnes in every Countrey and reserving an Irish Seigniory out of the rest And here that I may verifie and maintain by matter of Record that which is before delivered touching the Nature of this wicked Extortion called Coigne and Livery and the manifold mischiefs it did produce I think it fit and pertinent to insert the preamble of the Statute of 10. of Henry seventh c. 4. not printed but recorded in Parliament Rols of Dublin in these words At the request and supplication of the Commons of this Land of Ireland that where of long time there hath been used and exacted by the Lords and Gentlemen of this Land many and divers damnable customs and usages which been called Coigne and Livery and Pay that is Horse meat and Mans meat for the finding of their Horsemen and Foot-men and over that 4. d. or 6. d. daily to every of them to be had and paid of the poor Earth Tillers and Tenants inhabitants of the said Land without any thing doing or paying therefore Besides many Murders Robberies Rapes and other manifold extortions and oppressions by the said Horsemen and Footmen daily and nightly committed and done which been the principal causes of the desolation and destruction of the said Land and hath brought the same into ruine and Decay so as the most part of the English Free-holders and Tenants of this Land been departed out thereof some into the Realm of England and other some to other strange Lands whereupon the foresaid Lords and Gentlemen of this Land have intruded into the said Free-holders and Tenants inheritances and the same keepeth and occupieth as their own inheritances and setten under them in the same Land the Kings Irish Enemies to the diminishing of Holy Churches Rites the disherison of the King and his obedient Subjects and the utter ruine and desolation of the Land For reformation whereof be it enacted That the King shall receive a Subsidy of 26. s. 8. d. out of every 120. acres of arable land manured c. But to return to Thomas Fitz-Maurice of Desmond By this extortion of Coigne and Livery he suddainly grew from a mean to a mighty estate insomuch as the Baron Finglas in his discourse of the decay of Ireland affirmeth that his ancient inheritance being not one thousand marks yearly he became able to dispend every way ten thousand pounds per annum These possessions being thus unlawfully gotten could not be maintained by the just and honourable Law of England which would have restored the true Owners to their Land again And therefore this Great man found no means to continue and uphold his ill-purchased greatness but by rejecting the English Law and Government and assuming in lieu thereof the barbarous customs of the Irish And hereupon followed the defection of those four shires containing the greatest part of Munster from the obedience of the Law In like manner saith Baron Finglas the Lord of Tipperary perceiving how well the house of Desmond had thrived by Coigne and Livery and other Irish exactions began to hold the like course in the Counties of Tipperary and Kilkenny whereby he got great scopes of Land especially in Ormond and raised many Irish exactions upon the English Free-holders there which made him so potent and absolute among them as at that time they knew no other Law than the will of their Lord. Besides finding that the Earl of Desmond excluded the ordinary Ministers of Justice under colour of a Royal liberty which he claimed in the Counties of Kerry Corke and Waterford by a grant of King Edward the first as appeareth in a Quo warranto brought against him Anno 12. Edw. 1. the Record whereof remaineth in Breminghams Tower among the common Plea-Rolls there This Lord also in the third of Edward the third obtained a Grant of the like liberty in the County of Tipperary whereby he got the Law into his own hands and shut out the Common Law and Justice of the Realm And thus we see that all Munster fell away from the English law and Government in the end of King Edward the second his raign and in the beginning of the raign of King Edward the third Again about the same time viz. in the 20. year of King Edward the second when the State of England was well-ny ruined by the Rebellion of the Barons and the Government of Ireland utterly neglected there arose in Leinster one of the Cavanaghes named Donald Mac Art who named himself Mac Murrogh King of Leinster and possessed himself of the County of Catherlogh and of the greatest part of the County of Wexford And shortly after Lisagh O Moore called himself O Moore took eight Castles in one Evening destroyed Duamase the principal house of the L. Mortimer in Leix recovered that whole Country De servo Dominus de subjecto princeps effectus saith Friar Clynn in his Annalls Besides the Earl of Kildare imitating his Cosin of Desmond did not omit to make the like use of Coigne and Livery in Kildare and the West part of Meath which brought the like Barbarisme into those parts And thus a great part of Leinster was lost and fell away from the Obedience of the Crown near about the time before expressed Again in the
11 Hen. 3. pat m. 3. 30 H. 3. pat m. 20 The meer Irish not admitted to have the benefit of the Laws of England The meer Irish reputed Aliens Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin That the meer Irish were reputed enemies to the Crown Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin Stat. de Kilkenny c 2. 3.10 Hen. 6. c. 1.28 Hen. 8 c. 13. The Irish did desire to be admitted to the benefit and protection of the English Laws but could not obtain it 2. Ed. 3. claus 17. The Council Book of Ireland 34 Hen 8 What mischief did grow by not Communicating the English Laws to the Irish What good would have ensued if the meer Irish had been governed by the English Laws Three general submissiof the Irish The English Laws were executed only in the English Colonies Archiu in Castro Dublin Statut. de Kilkenny c. 4. The Romans did communicate their laws to the nations which they conquerred Tacitus in vita Agricolae William the Conqueror governed both the Normans and the English under one Law Camden in Norfolke K. Edw. 1. did communicate the English laws to the Welshmen Giraldus Cambrensis l. 2. de Hibernia expugnata 2. The Lands conquered from the Irâ—sh were not well distributed The proportions of Land granted to the first Adventurers were too largeâ— Giraldus Cambrensis l. 2. de lâ—â—bernia expugnata In Arch. Tur. 5 Ed. 3. escheat numero 104. 2 Johan Chart. m. 15. m. 38. 6 Johan Chart. m. 1. 7 Johan Chart. m. 12. n. 109. 6 Edw. 1. Chart. m. 19.18 Ed. 1. m. 29. Girald Cambr. l. 2. de Hibernia expug All Ireland distributed to ten persons of the English Nation 6 H. 3. Chart. m. 2. Hovend in H. 2. fol. 302. Archiu tur 17 Johan Chart. m. 3. 6 Johan Claus m. 18. Matth. Paris in Henry the third 3 Hen. 3. The liberties granted to the first Adventurers were too great Eight Counties Palatines in Ireland at one time Annales Hiberniae in Camden In Archâ—uâ— 1â— Eâ—w 3. 〈…〉 Five Counties Palatines in Leinster Archiu in Castro Dublin Archiu Tur. pat 3. E. 3. m. 28. Archiu in Castro Dublin The inconveniences which grew by the large grants of lands liberties The English Lords in Ireland made war peace at their pleasure The war and dissention of the English Lords one with another Annales Hiberniae in Camd. Annal Hiber in Caâ— Annales Johan Clyn. Manusc Baron Finglas Manusc Stat. 10 H. 7. c. 4. Rot. Parl. in castro Dublin Baron Finglas Manuscript Archiu Tur. 5. Ed. 3. claus m. 4. Archiu tur 15. Ed. 3. claus m. 4. Annales Hiberniae in Camden The first Adventurers obtained these liberal Grants because the Kings of England dâ—d not prosecute the war at their own charge How the State of Rome rewarded their men of war William the Conqueror Camden in Chester Wales distributed to the L. Marchers The English Lords did not reduce the woods and wasts in Forrests and Parks Chart. de forest c. 2. 3. The English Colonies rejected the English laws and customs and embraced the Irish The Nature of Irish Customs The Irish laws and customs differing from the laws and customs of all civil Nations The Irish law in criminal causes The Irish custom of tanistry The Irish Custome of Gavel-kind The mischiefs that arise by these two customs The wicked customs of Coigne and Livery The mischiefs that did arise by Coigne and Livery The cause of idleness in the Irish Why the Irish are Beggars in forreign Countrys Why the Irish are reputed a crafty people Why the Irish are inquisitive after news Cosherings Sessings Cuttings Gossipred How the English Colonies becaâ—â—e degenerate Alb. libr. Scacc. Dubl 5 Ed. 3. m. 25. When how the English Colonies became degenerate The Scots overrun Ireland Annales Hiberniae in Camden Desmond chief commander in the war against the Scots When and how the extortion of Coign and Livery began among the English The rising Mac Murrogh and O Mâ—re in Leinster Annales hiberniae in Camden Annales Johan Clynne Manus The defect and loss of a great part of Leinster The Earl of Vlster murdered Annales Johan Clynne Manus The Earldom of Vlster recovered by the Irish Abridgement of Salus populi mascript Baron Finglas Manus Annales Hiberniae in Camden The defection of Conaght Baron Finglas Manus Annales Hiberniae in Camden What courses have been taken to reform this Kingdom since the English Colonies became degenerate Edw. 2. K. Edw. the third did first endeavour a reformation Archiu Tur. 2. E. 3â— clau pers 1. m. 16. Sir Anthony Lucy Annales Hiberniâ— in Camden Resumption of liberties Annales Hiberniae in Camden Sir Raphe Vfford Annales Joâ—an Manus Clynn Annale Hibernâ— in Caâ—deâ— Maurice Fitz-Thomas the first Earl of Desmond the author of the great oppressions and dissentions which destroyed the English Colonies The fortune of the house of Desmond The Council-book of Ireland 32 H. 8. The course Reformation pursued by Lioâ— Duke Clareâ— Archiu in Castro Dublin Statutes of Kilkenny C. 2. C. 3. C. 4. C. 10. C 12. C. 13. C. 15. C. 17. C. 22. C. 24. The Statutes of Kilkenny did much reform thâ— degenerate English Stat. 10 H. c. 8. The presence of the Kings son did much advance the reformation Absence of our Kings great English Lords a chief cause why the Kingdom was not reduced Abseâ—â— of oâ—â— King The absence of the great English Lords Baron Finglas Manusc Baron Finglas Manusc Arch Tur â— parliâ— n. 42. Arch in Oâ— Remâ— Dublâ— Act of Absentees 28 H. 8. The reformation intended by K. Ricâ— 2. Archiâ— Tur. 3 Rich. claus 3. Riâ— 2. Rotâ— Parlâ— 11.42 9 Riâ— 2. cl Walsiham â— Rich 349. Plac. coram Regâ— in Hibernia Hillar 18. Richâ— 2. The reformatâ—on intâ—â—ded by Hen. â— The course of reformation held by Sir Edward Poynings in the time of K. Hen 7. Poynings Act. The Coâ—â— Booâ— Irelâ— 16 â— The Reformation intended by the L. Leonard Gray 28 H. 8. Annalâ—â— Hiberâ—â— Manuâ— The Counâ—â— Book◠〈◊〉 Irelaâ—â— 2â— â—â— The câ—ursâ— Reforâ—â—tion â—sued Sir Aâ—thony S. Lâ— Four neraâ— submâ—ons the Iâ— The Couâ— Booâ— Irelâ— 32 3â— 34 â— The and genâ— Eaâ— renâ— the The Council Book of Ireland 33 H. 8. The course of reformation prosecuted by Tho. Earl of Sussex in the time of Queen Mary Liâ—x and Offaly made two Countiâ—s 3. 4. Phil. Mariae The course of reformation followed by Sir Henry Sidney in the time of Queen Elizabeth 〈◊〉 reâ—â—â—matiâ—â— adâ—â—â—ced 〈◊〉 Sir â—ohn â—errot The service of William Fitz-Williams tending to reformation How the Defects and errors in the government of Irel. have been supplied and amended since the beginning of his Majesties Reign Errors â—n the carriage of the martial affairs amended How the defects in the Civil Government have bin supplied â— By establishing the publick peace 2 By establishing the publick Justice in every part of the Kingdom The good effects which followed the execution of the Law throughout the Kingdom 3. The setling of the states and possessions of the Irishry as well as of the English How the commissions for Surrenders and defective Titles have been pâ— in execution No granâ— of Irish Captain-ships oâ— Sâ—neschaâ—ships since â—iâ— Majestie Reign The plantation on of Vlster