the policy of the King of Meth the only Irish Prince then in favour with the Tyrant These Northern Nations were the first that brought the Irish acquainted with Traffick and Commerce and with building of Castles and Fortresses only upon the Sea-coasts having hitherto known no other defence but Woods Boggs or Stoakes And last of all by the English in K. Henry 2ds reign An. 1172. After this the Roytelets or petty Princes enjoying their former Dominions till the year 1172. in which Dermot Mac Morogh King of Lynster having forced the Wife of Maurice O Rorke King of Meth was driven by him out of his Kingdome who applying himself to Henry the Second of England for succor received Aid under the leading of Richard de Clare Sir-named Strongbow Earle of Pembroke to be restored to his Kingdom by whose good success and the rest of the Adventurers upon the Arrival of Henry the Second in Ireland his very Presence without drawing his Sword prevailed so far as that all the petty Kings or great Lords within Lynster Connaght and Munster submitted themselves unto him promising to pay him Tribute and acknowledging him their chief and Soveraign Lord But as the Conquest was but slight and superficial so the Irish Submissions were but weak and fickle assurances to hold in Obedience so considerable a Kingdom for no sooner were the Kings of Englands backs turned but the Irish returned to their former Rebellions and the Kings of England had here no more power or profit than the great ones of the Country were pleased to give them for they governed their People by the Brehon Law they made their own Magistrates and Officers pardoned and punished all Malefactors within their several Countries made War and Peace one with the other without controulment and this they did not only during the Reign of King Henry the Second but also in the times succeeding even until the Reign of Queen Elizabeth which Conquest became thus imperfect by reason of two great Defects first in the faint prosecution of the War and next in the loosness of the Civil Government The Conquest of Ireland by the English imperfect till of late by reason of two defects viz. first faint Prosecution of the War the Causes of it As touching the carriage of Martial Affairs from the seventeenth year of King Henry the Second at what time the first overture was made for the Conquest of Ireland until the nine and thirtieth year of Queen Elizabeth when that Royal Army was sent over to suppress the the Rebellion of Tyrone which in the end made an universal and absolute Conquest of all the Irishry It is very evident that the English either raised here or sent hither from time to time out of England were alwaies too weak to Subdue and Master so many Warlike Nations or Septs of the Irish as did possess this Island and besides their weakness they were ill paid and worse Governed And if at any time there arrived out of England an Army of competent strength and power it did rather terrifie than break or subdue this People being ever broken and dissolved by some one accident and impediment or other before the perfection of the Conquest of it as namely Henry the Second by the Rebellion of his Sons King John Henry the Third and Edward the Second by the Barrons Wars Edward the First by his Wars in Wales and Scotland Edward the Third and Henry the Fift by the Wars of France Richard the Second Henry the Fourth Henry the Sixth and Edward the Fourth by Domestick contention for the Crown of England it self Richard the Third not worth mentioning as having never got the quiet possession of England but was cast out by Henry the Seventh within two years and an half after his Usurpation And Henry the Seventh himself though he made the happy Union of the two Houses of York and Lancaster yet for more than half the space of his Reign there were walking Spirits of the House of York which he could not conjure down without the expence of some Bloud and Treasure Henry the Eighth was diverted by his two Expeditions into France at the first and latter part of his Reign and in the middle thereof wholly taken up with the troubles created to him by the great alteration of Ecclesiastical Affairs And lastly the Infancy of King Edward and the Coverture of Queen Mary which were both not-abilities in Law did likewise in fact disable them to accomplish the Conquest of Ireland so that all the Kings of England coming thus far short as to the perfecting of the true Conquest of Ireland let us examine what other impediments were given thereunto in point of Martial Affairs by the Adventurers themselves that first undertook the Conquest of this Kingdom upon their own account That the first English Adventurers had good success in Ireland during the first forty years It doth appear that for the space of about forty years after the first landing of the English in Ireland till the seventeenth year of King John during all which time there was no Army transmitted out of England to finish the Conquest of Ireland that the Adventurers and Colonies already planted there proceeded with so much good success as they gained very large portions of ground in every Province As namely the Earl of Strongbow by his Marriage with the Daughter of Mac Morrogh in Lynster the Laâ—ies in Meth the Giraldines and other Adventurers in Munster the Andeleyes Gernons Clintons Russels and other Voluntaries of Sir John de Courcies retinue in Vlster and the Bourkes planted by William Fitz-Adelme in Connaght The English Colonies being thus dispersed through all the Provinces of Ireland were necessitated But being necessitated for a long time to maintain a bordering War against the Irish at the charge of the English Planters from the twelfth year of King John till the six and thirtieth year of King Edward the Third being about an hundred and fifty years to maintain a continual bordering War between them and the Irish without receiving during all that time any supply either of Men or Money out of England to manage the same So that all the chief Governours of the Realm and the English Lords who had gotten such great Possessions and Royalties as that they presumed to make War and Peace at their pleasure without the least advice or direction from the State being forced to levy all their Forces within the Land who being ill Paid and worse Governed it so came to pass the publick Revenues of Ireland being then inconsiderable to sustain such a charge that as well the Ordinary Forces which stood continually as the extraordinary which were levied by the chief Governour upon Journeys and general Hostings were for the most part laid upon the poor Subjects descended of English race which burden was in some measure tollerable during the Reign of King Henry the Third and Edward the First but afterwards became insupportable in the time of King
they should Reign in Ireland nay they were come that height by these great Possessions that they could not brook that the Crown of England it self should have any Jurisdiction or Power over them For many of these Lords to whom our Kings had granted these petty Kingdoms did by Vertue and Colour of these Grants claim and exercise Jura Regalia within their Territories in so much as there were no less than eight Counties Palatines in Ireland at one time The first English Conquerors exercise Regal Power These absolute Palatines made Barons and Knights did exercise high Justice in all points within their Territories erected Courts for Criminal and Civil Causes and for their own Revenues in the same form as the Kings Courts were established at Dublin made their own Judges Seneschalls Sheriffs Coroners and Escheators so as the Kings Writ did not run in those Counties which took up more then two parts of the English Colonies but onely in Church Lands lying within the same which were called the Cross wherein the King made a Sheriff And so in each of these Counties Palatines there were two Sheriffs one of the Liberty and another of the Cross whereby it is manifest how much the Kings Jurisdictions was restrained and the power of these Lords enlarged by these high Priviledges Again these great undertakers were not tied to any form of Plantation but all was left to their discretion and pleasure And although they builded Castles and made Freeholders yet were there no tenures or services reserved to the Crown but the Lords drew all the respect and dependancy of the common people unto themselves Now let us see what inconveniences did arise by these large and ample Grants of Lands and Liberties to the first Adventurers in the Conquest The great inconveniences that ensued the Grant of whole Provinces and petit Kingdoms to the first English Conquerors of Ireland Without doubt by these Grants of whole Provinces and petty Kingdoms these few English Lords pretended to be Proprietors of all the Land so as their was no possibility left of settling the Natives in their Possessions and by consequence the Conquest became impossible without the utter extirpation of all the Irish which these English Lords were not able to perform nor perhaps willing if they had ability Notwithstanding because they did still hope to become Lords of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants And because they did fear that if the Irish were received into the Kings protection and made Liege-men and Free Subjects the State of England would establish them in their possessions by Grants from the Crown reduce their Countries into Counties ennoble some of them and enfranchise all and make them amensurable to the Law which would have abridged and cut off a great part of that greatness which they had promised unto themselves They therefore perswaded the King of England that it was unfit to communicate the Laws of England unto them and that it was the best policy to hold them as Aliens and Enemies and to prosecute them with a continual War whereby they obtained another Royal Prerogative and Power Which was to make War and Peace at their Pleasure in every part of the Kingdom which gave them an absolute command over the Bodies Lands and Goods of the English Subjects there And besides the Irish inhabiting the Lands fully Conquered and reduced being in the condition of Slaves and Villains did render a greater Profit and Revenue than if they had been the Kings Free Subjects and therefore for these two causes last expressed they were not willing to root out all the Irishry Again Those large Scopes of Land and great Liberties with absolute Power to make War and Peace did raise the English Lords to that height of Pride and Ambition as they could not endure one another but grew to a mortal War and Dissention amongst themselves insomuch that whole Towns and Countries have often times been destroyed by their Contentions which brought forth divers mischiefs that did not onely disable the English to finish the Conquest of all Ireland but did endanger the loss of what was already gained And of Conquerors made themselves Slaves to that Nation which they did intend to Conquer For whensoever one English Lord had vanquished another the Irish waited and took the opportunity and fell upon that Country which had received the blow and so daily recovered some part of the Lands which were possessed by the English Colonies Besides The English Lords to strengthen their Parties did Ally themselves with the Irish and drew them in to dwell amongst them and gave their Children to be fostered by them and having no other means to pay or reward them suffered them to take Coyn and Livery upon the English Free-holder which oppression was so intollerable as that the better sort were enforced to quit their Free-holds and fly into England and never returned though many Laws were made in both Realms to remand them back again and the rest which remained became degenerate and meer Irish as is before declared And the English Lords finding the Irish Exactions to be more profitable then the English Rents and Services and loving the Irish tyranny which was tyed to no Rules of Law or Honor better than a just and lawful Seigniory did reject and cast off the English Law and Government received the Irish Laws and Customes took as aforesaid Irish Sir-names refused to come to the Parliaments which were summoned by the King of Englands Authority and scorned to obey the English Knights which were sent to command and govern this Kingdome Why the Kings of England Granted such large Proportions of Land to the first Conquerors of Ireland But this ought withal to be taken into consideration that as these Grants of little Kingdomes and great Royalties to a few private persons did produce the mischiefs spoken of before So the true cause of making those Grants did proceed from this That the Kings of England being otherwise imployed and diverted did not make the Conquest of Ireland their own work and undertook it not royally at their own charge but as it was first begun by particular Adventurers so they left the prosecution thereof to them and other Adventurers who came to seek their Fortunes in Ireland wherein if they could prevail they thought it in Reason and Honor they could do no less than make them Proprietors of such Scopes of Land as they could Conquer People and Plant at their own charge reserving only the Sovereign Lordship to the Crown of England But if the Lyon had gone to hunt himself the shares of the inferiour Beasts had not been so great If the Invasion had been made by an Army transmitted furnished and supplyed onely at the Kings charges and wholly paid with the Kings Treasure as the Armies of Queen Elizabeth and King James were as the Conquest had been sooner atchieved so the Servitors had been contented
Henry the Seconds time and soon after p. 23. That when the Roman Generals had with the publick charge Conquered many Kingdoms and Common-wealths they were rewarded with honorable Offices and Triumphs and not made Lords and Proprietors of whole Kingdoms and Provinces p. 31. That William Duke of Normandy in the Conquest of England which he made his own work distributed sundry Lordships and Monnors unto his followers but gave not away whole Shires and Counties as was done in Ireland in Demesne to any of his Servitors whom he desired to advance p. ib. The like did Edward the First in the Conquest of Wales p. 32. That as the best policy was not observed in the distribution of the Conquered Lands in Ireland by the first English Adventurers so were they deceived in the choice of the fitttest places to settle their Plantations in p. 34. That the Nature of the Irish Customs are such that of necessity they make those people Rebels who make use of the same to all good Government and to the destruction of the Common-wealth wherein they live p. 37. That the frequent Rebellions in Ireland in Queen Elizabeths Reign especially that notorious one of the Earl of Tyrone and his Adherents chiefly fomented by the Pope and the King of Spain did so far provoke the Queen as that she made an absolute Conquest of the Irishry p. 44 That upon the finishing of the said Conquest to the end the long for wished perpetual Peace and Settlememt of that Kingdom might be established on firm foundations 't was propounded as the fittest expedient that all the forfeited Lands in Ireland might be disposed of to such English as should be brought out of England to plant the same paying thereout yearly by way of Quit-Rent a reasonable consideration to the Crown of England towards the maintenance of a Standing Army in Ireland p. 46. The same method being observed by the Romans to continue their Conquered Couâ—tries in due Obedience to them And which should also have been also put in practice by the first English Conquerors of the Realm of Ireland p. 48. That all such Irish who had forfeited the said Lands were to be transplanted from one Province into another and to become only Tenants to the English p. 50. That King James being swayed by wilder Councels wholy waving the Transplantation of laying hold on the said forfeited Lands did by an Act of Olivion remit all manner of offences committed against the Crown by the said Earl of Tyrone and the rest of the Irish which mild resolution of his was like to be soon after ill requited by the said Earl and his Adherents who practicing a new Rebellion in the North of Ireland and failing therein fled upon the guilty conscience thereof to the Spanish Netherlands giving thereby an excellent opportunity to settle a brave British Plantation within the fix forfeited Counties in the Province of Ulster p. 50 51. How far King James proceeded in the Reformation and Settlement of Ireland by dividing the same into Counties and thereby consequently making way for the Laws of England to be put in execution in all parts of the Kingdome and by ascertaining also all mens Estates according to English tenure c. with many other publick Acts tending to the future good Government and welfare of that Realm p. ib. That notwithstanding all those excellent Constitutions yet the foundation of that settlement of Ireland not long after received a shake by the Irish denying to contribute towards the maintenance of a standing Army in Ireland An. 1627. except they might first obtain a Tolleration of the Romish Religion though the Lord Primate Usher in a set Speech in the presence of the Lord Deputy Falkland made use of many strong Arguments and reasons to press them thereunto p. 53. That the loss of this rare opportunity by the Irish to express the height of their Loyalty to his Majesty of England can never be sufficiently repented of by them p. 54. That the Lord Primate Usher wisely foresaw a storm impending which was not long after unhappily verified by the bloody Rebellion in Ireland Anno 1641. without the least provocation given by the English to the Irish to perpetrate so wicked an Act wherein were barbarously destroyed in a very short space of time by the Sword and Famin above a hundred and fifty thousand Protestants p. 54 to 64. That the English could not obtain an opportunity to be throughly revenged on the Irish for their inhumane slaughtering of their Country-men till the year 1649. from what time within the compass of about three years it is conceived there was not left undestroyed by the Sword Plague and Famin above the eighth part of all the Irish Nation Being a just judgment of God fallen upon them for their impious carriage towards the poor Protestant British Planters p. 66. That the Irish Nation being thus broken all the Romish-Irish Proprietors were commanded upon pain of death by a certain day to transplant themselves from the Provinces of Lynster Munster and Ulster into the Province of Connaght and County of Clare which was performed accordingly p. 67. A brief description of the admirable Strength of the Province of Connaght as well by Art as Natuâ—e As also of the lamentable waste condition all Ireland was reduced unto in the close of the War An. 1652 1653. p 67 to 70. That immediately after the said Transplantation of the Irish being in the year 1653. certain Regiments of the English Army were disbanded and setled upon the Lands fallen by Lot to them for their Arrears within the Provinces of Lynster Munster and Ulster p. 68. c. That both English and Irish within three years after were setled upon their respective proportions of Land assigned to them or fallen by Lot in all parts of Ireland p. 68 69. That within three years ensuing the said Settlement there appeared a strange alteration in the general state of Ireland from a most ruinous to a reviving Common-wealth p. 70 71. That as his Majesties Restauration crowned the joy of oll the English in Ireland so it did as much deject the Irish who immediately expected thereupon to be generally restored to their former Estates p. 72. What alteration hapened to the Settlement of Ireland since his Majesties Restauration p. 73 216 c. How that that perpetual Peace and Settlement of Ireland which was so solidly discoursed of and stoutly fought for in Queen Elizabeths Reign and very far proceeded in King James his time Is now fully perfected and confirmed by our Gracious Sovereign King Charles the Second to the glory of God and the great honor and profit of his Majesty and security of his three Kingdoms p. 74 to 79. THE CONTENTS OF THE Second Part. OF the Name of Ireland and its Climate p. 80. Of its Dimension p. 81. Of the Division Form Aire and Commodities of the Province of Lynster p. 82. Of Munster p. 84. Of Ulster p. 87. And of Connaght
the chief causes that obstructed the Conquest of Ireland till about the latter end of Queen Elizabeths reign as to Martial Affairs And secondly loosness in the Civil Government of Ireland for not communicating the Laws of England to the Irish I shall now endeavour in the next place to give some satisfaction touching those defects that were observed to be in the Civil Policy and Government of this Kingdome which gave no less impediment to the full Conquest thereof which doth first consist in this That the Crown of England did not from the beginning give Laws to the Irishry though the Irish did often desire to be admitted to the benefit of it and protection of the English Laws but could not obtain it For although King Henry the Second before his return out of Ireland held a Counfel or Parliament at Lismore where the Laws of England were willingly accepted off by all the Irishry and that confirm'd by their Oaths And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and the Courts of Judicature at Dublin and placed Sheriffs and other Ministers to rule and govern the people according to the Laws of England yet it is evident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry as O Neal of Vlster O Malaghlin of Meath O Connagher of Connaght O Brien of Thomond and Mac Muorrogh of Lynster who were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England for in them onely the English Laws were published and put in execution and in them onely did the Itinerant Judges make their Circuits and Visitations of Justice as namely in the Counties of Dublin Kildare Meth Vriel Catherlogh Kilkenny Wexford Waterford Cork Limrick Kerry and Typperary and not in the Countries possessed by the Irishry which contained at least two third parts of the Kingdome and even in these Counties the said Laws stretcht no farther then the Lands of the English Colonies did extend so that the Irish were not only disabled to bring any actions but they were so far out of the protection of the Law as it was often adjudged no Fellony to kill a meer Irish man in time of Peace from whence it came to pass that in all the Parliament Rolls which are extant from the 40th year of Edward the Third when the Statutes of Kilkenny were enacted till the Reign of King Henry the Eighth we find the degenerate and disobedient English called Rebels but the Irish which were not in the Kings Peace are called Enemies Whereby it it is manifest that such as had the Government of Ireland under the Crown of England did intend to maintain a perpetual Separation and Enmity between the English and the Irish pretending that the English should in the end be able to root out the Irish which the English not being able to effect caused a perpetual War between both Nations which continued four hundred and odd years and might have continued to the worlds end if in the end of Queen Elizabeths Reign the Irishry had not been broken and Conquered by the Sword and since the beginning of King James his Reign had not been protected and governed by the Law Contrary to the practice of the Romans and others c. who communicated their Laws to the Conquered This was contrary to the practice of the Roman State which Conquered so many barbarous and civil Nations and therefore knowing by experience the best and readiest way of making a perfect and absolute Conquest refused not to communicate their Laws to the rude and barbarous people whom they had conquered neither did they ever put them out of their Protection after they had once submitted themselves but rather the better to assure their conquest by all the means imaginable they could allured them to Civility and Learning whereof the antient Britains were a famous instance This was also against the practise William the Conqueror used who governed both the Normans and the English under one Law And against the prudent course that hath been observed in the reducing of Wales partly perform'd by King Edward the First and altogether finished by King Henry the Eighth by dividing the whole Countrey into Shires and Circuits and establishing a Common-wealth amongst them according to the English Government by means whereof that entire Countrey was in a short time so securely setled in Peace and Obedience and hath attained to that civility of manners and plenty of all things as now we find it not inferiour to the best parts of England That the over great proportions of Land granted to the first Conquerors of Ireland occasioned great inconveniencies The next Error in the Civil Policy which hindered the perfection of the Conquest of Ireland did consist in the distribution of the Lands and Possessions which were won and conquered from the Irish For the Scopes of Land which were granted to the first Adventurers were too large and the Liberties and Royalties which they obtained therein were too great for Subjects though it stood with reason that they should be liberally rewarded out of the fruits of their own labours since they managed the War upon their own account and received no pay from the Crown of England whereupon ensued divers inconveniencies that gave great impediment to the Conquest for first Earl Strongbow was entituled to the whole Kingdom of Lynster partly by Invasion and partly by Marriage albeit he surrendered the same entirely to King Henry the Second his Soveraign The manner how Ireland was divided amongst the first Engâ—ish Conquerors for that with his License he came over and with the aid of his Subjects he had gained that great Inheritance yet did the King regrant back again to him and his Heiâ—s all that Province reserving only the City of Dublin and the Cantreds next adjoyning with the Maritine Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Corke from Lismore to the Sea To Philip le Bruce he gave the whole Kingdome of Lymrick with the Donation of Bishopricks and Abbies except the City and one Cantred of Land adjoyning To Sir Hugh de Lacy all Meath To Sir John de Courcy all Vlster To William Bourke Fitz-Adelin the greatest part of Connaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poor of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was alâ— Ireland Cantonized among ten Persons of the English Nation And though they had not gained the Possession of one third part of the whole Kingdom yet in Title they were owners and Lords of all so as nothing was left to be granted to the Natives whose petty Kings and Great ones our great English Lords could not endure
with lesser proportions For when Scipio Pompey and Caesar and other Generals of the Roman Armies as Subjects and Servants of that State and with the Publick Charge had Conquered many Kingdomes and Common-Weals we find them rewarded with Honorable Offices and Triumphs at their return and not made Lords and Proprietors of whole Provinces and Kingdomes which they had subdued to the Empire of Rome Likewise when the Duke of Normandy had Conquered England which he made his own work and perform'd it in his own person he distributed sundry Lordships and Manners unto his Followers but gave not away whole Shires and Countries in Demesne to any of his Servitors whom he most desired to advance Again From the time of the Norman Conquest till the Reign of King Edward the First many of our English Lords made War upon the Welch-men at their own charge the Lands which they gained they held to their own use were called Lords Marchers and had Royal Liberties within their Lordships Howbeit these particular Adventurers could never make a Conquest of Wales But when King Edward the First came in person with his Army thither kept his Residence and Court there made the reducing of Wales an enterprize of his own he finished that work in a Year or two whereof the Lords Marchers had not perform'd a third part with their continual Bordering War for two hundred Years And withall we may observe that though this King had now the Dominion of Wales in jure proprietatis as the Statute of Rutland affirmeth which before was subject unto him but in jure feodali And though he had lost divers principal Knights and Noble men in that War yet did he not reward his Servitors with whole Countries or Counties but with particular Mannors and Lordships As to Henry Lacie Earl of Lincoln he gave the Lordship of Denbigh and to Reighnold Gray the Lordship of Ruthen and so to others If the like course had been used in the winning and distribuiting of the Lands of Ireland that Island had been fully conquered before the Continent of Wales had been reduced But the truth is when private men attempt the Conquest of Countries at their own charge commonly their enterprizes do perish without success as when in the time of Queen Elizabeth Sir Thomas Smith undertook to recover the Ardes and Chatterton to reconquer the Fues and Orier The one lost his Son and the other himself and both their Adventures came to nothing And as for the Crown of England it hath had the like Fortune in the Conquest of this Land as some Purchasers have who desire to buy Land at too easie a Rate they find those cheap Purchasers so full of trouble as they spend twice as much as the Land is worth before they get the quiet possession thereof And as the best policy was not observed in the distribution of the Conquered Lands That the first English Adventurers in Ireland were deceived in the choice of the fittest places to settle their Plantations in so as I conceive that the first Adventurers intending to make a full Conquest of the Irish were deceived in the choice of the fittest places for their Plantation For they sate down and erected their Castles and Habitations in the Plains and open Countries where they found most fruitful and profitable Lands and turned the Irish into the Woods and Mountains Which as they were proper places for Out-laws and Thieves so were they their Natural Castles and Fortifications thither they drave their preys and stealths there they lurkt and lay in wait to do mischief These â—â—st places they kept unknown by making the ways and entries thereunto impassable there they kept their Creaghts or Herds of Cattle living by the Milk of the Cow without Husbandry or Tillage there they encreased and multiplyed unto infinite numbers by promiscuous generation among themselves there they made their Assemblies and Conspiracies without discovery But they discovered the weakness of the English dwelling in the open plains and thereupon made their Sallies and Retreats with great advantage Whereas on the other side if the English had builded their Castles and Towns in those places of fastness and had driven the Irish into the plains and open Countries where they might have had an eye and observation upon them the Irish had been easily kept in order and in short time reclaimed from their wildness There they would have used Tillage dwelt together in Town ships learned Mechanical Arts and Sciences The Woods had been wasted with the English Habitations as they were afterwards about the Forts of Mariborough and Philipston which were built in the fast places in Leinster and the ways and passages throughout Ireland would have been as clear and open as they are in England or Ireland at this day Having thus far recounted the manifold defects mischiefs and impediments that both in the Civil and Martial Affairs so long obstructed the ful Conquest of Ireland I should have here also briefly recited the many good Laws and Ordinances made and enacted from time to time by the Kings of England and the Parliaments in Ireland for redressing the said mischiefs and inconveniences but all fair endeavours and purposes of this kind proving abortive and ineffectual for want of the Sovereign Sword as well as the Royal Scepter to put the same in execution I shall now onely set forth the Nature of the Irish Customs with the evil Consequences thereof and then proceed to a conclusion of this discourse containing those Affairs that shall appear most remarkable in the reigns of Queen Elizabeth King James and King Charles the First and especially in the Reign of our present Gratious Sovereign King Charles the Second in order to the Reformation and good Government of this Realm If we consider the Nature of the Irish Customs The Nature of the Irish Customs destructive to all good Government we shall find that the people which doth use them must of necessity be Rebels to all good Government destroy the Common-Wealth wherein they live and bring Barbarisme and Desolation upon the richest and most fruitful Land of the World For whereas by the just and honorable Law of England and by the Laws of all other well governed Kingdoms and Common-wealths Murder Manslaughter Rape Robbery and Theft are punished with Death By the Irish Custom or Brehen Law the highest of these offences was punished onely with Fine which they called an Erick Therefore when Sir William Fitz-Williams being Lord Deputy told Maguire that he was to send a Sheriff into Farmannagh being lately before made a County your Sheriff said Maguire shall be welcome to me but let me know his Erick or the price of his head before hand that if my people cut it off I may cut the Erick upon the Country As for Oppression Extortion and other trespasses the weaker had never any remedy against the stronger whereby it came to pass that no man could enjoy his Life his Wife his Lands or
ere long afford yearly some competent supply of money towards the filling of the English Exchequer by way of retaliation in lieu of those many and great Summs sent at several times out of England for the support of this so long unhappy Kingdom The premisses being therefore seriously and duly considered I think I may safely conclude that that Eternal Peace of Ireland so solidly discoursed of and stoutly fought for in Q. Elizabeths time And very far proceeded in by K. James Is now absolutely established as I said according to all humane appearance by his gracious Majesty our dread Sovereign K. Charles the Second who long may he live in all earthly happiness so that I suppose it may be now more truly said then ever that Ireland which formerly served but as a Grave to bury our best men and a Gulf to swallow our greatest Treasures is brought by the prudence and policy of her late Kings and Lord Deputies to be an Orderly Common-Wealth civil in it self and in time like to prove profitable to the Prince and at all times a good additional strength to the Brittish Empire PART II. CHAP. I. Of Its Name Climate Dimensions Division Aire Soil Commodities Money and Buildings Name Climate IReland was once called Scotia from the Scots who inhabited there and Scotia major to distinguish it from Scotland in the Isle of Britain But the general Name hereof is Ireland by the Latins called Hibernia by the Greeeks Iernia And though some frame a wrested Etymology from Iberus a Spanish Captain and some from Irnaulph once a supposed Duke hereof as others ab Hyberno aâre the winter-like and inclement air Yet probably the Name proceeded from Erin which signifieth in their own language a Western Land And yet we must not pretermit the Etymon given us by Bochartus more neer the name than most of his other Fancies who will have it called Hibernia from Ibernae a Phaenician word signifying the farthest Habitation there being no Country known amongst the Antients which lay West of Ireland and is seated under the eighth and tenth Climates the longest day being 16 hours and a half in the Southern and 17 hours 3 quarters in the Northern parts It is in length 300. and in breadth Dimension 120. Miles in shape some have formed it like an Egge and others compared it to the Fore-leg of a Boar if the simile breed no offence contains by computation about fifteen millions of Acres it is about halfe as big as England and Wales and much about the same bigness as Scotland including the Islands thereunto belonging Division It was divided antiently into five Provinces each one a Kingdom in it self that is to say 1. Leinster 2. Meath 3. Vlster 4. Connaght and 5. Mounster but of late time the Province of Meath is reckoned for a member or part of Leinster within these four Provinces according to the latest Division are conteined 2328. Parishes Leinster This Province the Natives call Leighingh the Britains Lein in Latine Lagenia in the antient lives of the Saints Lagen and in English Leinster It lyeth Eastward along the Hibernicum Sea on Connaght side Westward it is bounded with the River Shanon the North with the Territory of Louth and the South with part of the Province of Mâ—â—nster The Country butteth upon England as Mounster and Connaght do on Spain The Form Form thereof is Triangle and sides not much unequal from her South-East unto the West point about 80 miles from thence to her North-west about 70 miles and her East coast along the Irish Sea-shore eighty miles the Circumference upon two hundred and seventy miles The Aire Aire is clear and gentle mixt with a temperate disposition yeilding neither extremity of Heat or Cold according to the seasonable times of the Year and the natural condition of the Continent The Soil is generally Fruitful Plentiful both in Fish and Flesh and in other Victuals as Butter Cheese and Milk It is Fertile in Corn Cattle and Pasture ground and now in a much better way of improving than formerly in regard the English do generally affect to inhabite in this Province more than in any other part of Ireland by reason of its neerer Neighbourhood to the Metropolitan City of Dublin and bordering so neer upon England doth thereby consequently afford them both more pleasure and profit It is well watered with Rivers and indifferently well Wooded except the County of Develin which complains much of that want being so destitute of Wood that they are compelled to use a clammy kind of fat Turff for their Fuel or Sea-coal brought out of England The Commodities Commodities of this Country do chiefly consist in Cattle Sea-Fowl and Fish It breeds many excellent good Horses called Irish Hobbies which have not the same pace that other Horses have in their course but a soft and round amble setting very easily Division This Province containeth the Counties of Kilkenny Caterlogh Queens County Kings County Kildare East-Meath West-Meath Weshford Wicklo and Dublin In which are comprehended 926. Parishes whereof 47. Towns of Note and 102. Castles well fortified and able to make good resistance against an Enemy The English being forced to fortifie themselves in their Plantations with strong holds and fortresses against the incursious of the Natives Mounster This Province is called in Irish Mawn in a more ordinary construction of Speech Wown in Latin Momonia and in English Mounster lyeth open Southward to the Virginean Sea Northward it fronteth part of Connaght The East is Neighboured by Leinster And the West is altogether washed with the Ocean Westward The Form Form thereof is quadrant or four-square and in length extended from Ballattimore Bay in her South unto the Bay of Galoway in her North is about 90. miles Her broadest part from East to West is from Waterford Haven to Feriter Haven and containeth an hundred miles The whole Circumference by following the Promontories and Inlets are above four hundred and forty miles The Aire Aire mild and temperate neither too chilling Cold not tâ—o schorching Hot. The Soil in some parts Hilly looking a loft with Wooddy Wild and Solitary Mountains Yet the Vallies below are garnished with Corn-fields And generally all both pleasant for Sight and fertile for Soil The general Commodities Commodities of this Province are Corn Cattel Wood Wool and Fish The last whereof it affords in every place plenty and abundance of all sorts But none so well known for the Store of Herrings that are taken there as is the Promontory called Eraugh that lies between Bautre and Ballatimore Bay Whereunto every year a great Fleet of Spaniards and Portugals resort even in the midst of Winter to Fish also for Cods Division It was in times past divided into many parts as Towoun that is North Mounster whereof Twomond al-Thomond or County of Clare was accounted part of it Deswoun that is South Mounster Hierwoun that is
in abundance with all sorts of Fish sprinkled with many very sweet Islands and goodly Lakes like little Inland-Seas which will carry even Ships upon their waters adorned with goodly Woods even fit for building of Houses and Ships so commodiously as that if some Prince in the World had them they would soon hope to be Lords of all the Seas and ere long of all the World Also full of very good Forts and Havens opening upon England as inviting us to come unto them to see what excellent Commodities that Country can afford besides the Soil it self most fertile fit to yeild all kind of Fruit that shall be committed thereunto And lastly the Heavens most mild and temperate though somewhat more moist in the parts towards the West How far Ireland differs from England in Aire and Commodities Ireland differs not much from England for all manner of Commodities either for Feeding or Cloathing or for Pleasure or Profit but only in this that the Aire thereof though very wholsome and delectable is neither so clear nor subtil as ours of England by reason of the Sun being frequently overshadowed with clouds even almost as well in Summer as in Winter which is therefore nothing favourable for the ripening of Corn and Fruits but so grateful to the ground that it causeth grass to grow abundantly not only fresh and long but withal very sweet for all kind of Cattle and in Winter is more subject to Wind than Snow or Frost the Wool of this Country is said to be not of so fine a grain as that of England but the Sheep of as large a body and so all other kind of Cattle if bred there after the way of England Coal they have none but what is neer Kilkenny and that in no great quantity however plentifully supplied with Fuel by reason of their neighbouring Boggs though otherwise over-plentifully dispersed through all parts of the Kingdom Iron Ore they have none as I take it but what is brought out of England which occasions as I suppose so few Iron Mills in Ireland there being of late years but two that I have heard off viz. one at Mountrath in the Kings County and another at Corfew in the County of Wexford neer the Town of Wexford the fewness whereof I presume is no great loss to that Country the Woods there the over-plenty whereof was formerly complained of being now of late too much destroyed even to admiration Some Mines of Lead have been found there of late by the industry of the English the chief whereof was that called the Silver Mines in the County of Typperary not far from Limrick out of which was extracted some proportion of Silver which gave it the Denomination England and Ireland may be esteemed without doubt to be two of the most plentiful Kingdoms for Provisions for the extent of them of any in the whole World but that which causes the vast difference between the value of the Stock and Lands of the one and the other though both conveniently situated for Trade is that of Traffick and Commerce and till of late the sloathfulness of the people of Ireland in not disposing themselves to Manufactury a great rectification whereof may be well hoped will fall out even in this our Age whereunto there is already given a very fair beginning by the British Planters Money The Irish till of late times did for the most part mannage their Trade and Commerce amongst themselves by exchange of Wares Trade driven formerly in Ireland hy Commutation of Commodities and commutation of Commodities having little or no coyn stirring even amongst their greatest Lords and Noblemen And no great marvel it should be so in Ireland since that of old the most usual material of money amongst the Roman Provinces was seldome Gold or Silver but Brass sometimes Leather Corium forma publica percussum as Seneca hath it This last kind of Money was by Frederick the Second made current when he besieged Millaine The like is said to have been used here in England in the time of the Barons Wars and why not since no longer ago than in the year 1574 the Hollanders then being in their Extremities made money of Past-board But this happened only in case of necessity The Metals of Gold and Silver having for many hundred years though not in such abundance been the principal instrument of Exchange and Barter and so questionless will continue to the end of the World English Moneys prohibited to be transported out of England into Ireland In the three and fortieth year of Queen Elizabeths Reign being Anno 1601. It was commanded by Proclamation as also King Henry the Seventh had provided by Act of Parliament that no man should carry over English money into Ireland for as much as the Rebels drew unto themselves a great part thereof to buy Ammunition and Provision for the Wars and from thence the Merchants carried it into forraign Countries to the great detriment of England There was therefore a serious deliberation then had about changing the Irish Coyâ— by mingling some Brass with it foâ— that the Irish War drew yearly oâ—â— of England 160000 l. Sterling Here upon some were of opinion that thâ— Charges of the War might be abâ—ted that all the good Money migâ—â— by Exchange be drawn out of Ireland into England that so the Râ—bels when the good Money faileâ— would be excluded from all Coâ—merce with Forreigners and of necessity weakned Others argued 〈◊〉 the contrary that this change woulâ— redound to the dishonor of the Queen and the dammage of the Subject that the good Money of Ireland could not be drawn thence without a great charge to the Queen that the gain gotten thereby if new Money were Coyned in England would not when the Accounts were cast up countervail the Charges of carrying over A Mint not profitable to be set vp in Ireland and much less if it were Coyned in Ireland where a Mint must needs be set up at great Charges and Minters must be hired for great wages Neither could the Commerce of the Rebels with Forreigners be impeached whilst there was Silver in the new Coyn which the Merchant knew well enough how to seperate unto whom it is all one whether he receive one piece of Money or three of the same value and that it was to be feared least the Souldiers would mutiny for thereby their pay would be diminished But Buckhurst Lord Treasusurer a man very skilful in Money matters with much ado extorted from the Queen out of necessity for that is the Law of Time which he urged that the Money should be changed for a time to be called back again afterwards to the highest value for she many times said that this would depress her Fame and be grievous to the Army Yet did the Army continue without tumult and commotion through the Queens rare happiness which retained her Authority with her People joyned with love To the Army certainly it proved a
truth though the Lordships of Connaght and Meath which were then parcel of the Inheritance of the Earl of Vlster be added to the Accompt the Revenue of that Earldome came not to the third part of that he writeth For the Accompt of the Profits of Vlster yet remaining in Breminghams Tower made by William Fitz-Warren Seneschall and Farmer of the Lands in Vlster seized into the Kings hands after the death of Walter de Burgo Earl of Vlster from the fifth year of Edward the Third until the eighth year do amount but to nine hundred and odd pounds at what time the Irishry had not made so great an invasion upon Earldome of Vlster as they had done in the time of King Richard the Second As vain a thing it is that hath been seen written in an ancient Manuscript touching the Customes of Ireland in the time of King Edward the Third that those duties in those days should yearly amount to ten thousand Marks which to search and view of the Records there can justly be controlled For upon the late reducing about the beginning of King James his Reign of this ancient Inheritance of the Crown which had been deteined in most of the Port Towns of that Realm The Customs of Ireland of little value till King James his Reign being but 1000 l. per An. for the space of one hundred years and upwards some pains being taken to visit all the Pipe Rolls wherein the Accompts of Customs are conteined those duties were found to be answered in every Port for two hundred and fifty years together but could not find that at any time they did exceed a thousand Pounds per Annum and no marvel for the Subsidy Poundage was not then known and the greatest profit did arise by the Cocquet of Hides for Wooll and Wooll-fells were ever of little value in that Kingdome till of late The Profit of the Custome-house in Ireland in the last year of King James his Reign did amount to thirty thousand Pounds per Annum The Customes of Ireland advanced to 30000 l. per An. in the last year of K. James his Reign And what great improvements were made thereof by the Earl of Strafford in the time of his Government I cannot find because they fell together with him But what that branch of the Revenue now comes to together with the rest paid yearly to his Majesties Exchequer in Ireland I shall here render a particular account of which at first view considering that Countrey is not yet half Planted with People may be much wondred at But when I call to mind Sir Audley Mervyns expressions Speaker of the House of Commons in Ireland delivered in a Speech of his to his Grace the Duke of Ormond then Lord Lieutenant of that Kingdome Feb. 13. 1662. being these viz. That they did understand the usual proceedings of Parliaments to begin at Grievances and to conclude with Supplies But that they had inverted that Order by applying themselves in the first place to the settling a constant Revenue for his Majesty and granting other Temporary Aides far above their Abilities though far less than what his Majesties goodness might challenge from them then the wonder ceases for as I have already observ'd while the Popish Irish party bore sway in the Publick Assemblies of that Realm they appeared averse not only to contribute towards the Publick Charge unless upon their own Terms though the occasions were never so urgent and they in a condition more able to discharge the same than now of late But repented themselves of those good Acts they had once consented to in this kind in order to his Majesties Service which they evidently expressed by their forward accepting the abatement of the fore-mentioned Subsidies in the Earl of Straffords time from forty thousand Pounds each Subsidy to twelve thousand pounds a piece An Act far different from the behaviour of those Loyal English hearts in the Reign of Queen Elizabeth who contributed so freely to supply her Majesties necessities in the Publick Concern as that sometimes she refused their kindnesses accounting the Money in the purses of her good Subjects to be as ready for her Service when occasion required as if they had been lock'd up in her own Coffers The particulars of his Majesties present Revenue in Ireland The particulars of his Majesties present Revenue in Ireland amounting to 219500 l. according the Demise made by King Charles the Second to John Forth and his Partners by Indenture bearing date July 12. 1669. are as followeth viz. His Revenue arising by Hearth-Money Licenses to Retail Wine and Strong-Waters the New Quit-Rents given to his Majesty by the Acts of Setlement and Explanation the Chief Rents Fee Farm Rents Rent-Service Rent-Charge Rents See Rents reserved upon Leases exceeding one and twenty years Copy hold and all other antient Crown Rents set for seven years commencing at Christmas 1668. rendring yearly for the same ninety one thousand and five hundred Pounds And his Majesties Revenue arising by Customes and imported Excise set for six years commencing at Christmas An. 1669. rendering yearly seventy five thousand Pounds And his Majesties Revenue arising by Inland Excise and by Licenses to retaile Ale and Beer set for four years and three quarters from March 25. 1671. rendering yearly fifty three thousand Pounds for the first four years and thirty nine thousand seven hundred and fifty three thousand Pounds during the last three quarters amounting in the whole yearly to two hundred nineteen thousand five hundred Pounds The Grant made to the Lord Ranelagh of all the Revenue of Ireland continues to Decemb. 26. 1675. So that by this we may see in part what hopeful advantages are like in time to accrew to the Crown of England by having Ireland for the most part inhabited by Protestant British Planters whose Loyalty and Industry will I make no doubt cause that Kingdome to become in a short time a most flourishing Countrey A Table for Reducing Plantation Acres into English and Ascertaining the Kings Rent in the several Provinces of IRELAND according to the Explanatory Act viz. For every English Statute Acre in the Province of Leinster 3 d. Munster 2 d. ob Connaght 1 d. q. Vlster 2 d Irish English Acres Leinster Munster Vlster Connaght Ir. A. En. A. R. P. Pts. l. s. d. q. l. s. d. q. l. s. d. q. l. s. d. q. 1 1 2 9 21 0 4 3 0 3 3 0 3 1 0 2 2 2 3 0 38 42 0 9 3 0 7 1 0 6 2 0 4 3 3 4 3 17 63 1 2 2 0 11 0 0 0 3 0 7 1 4 0 1 36 84 1 7 2 1 2 2 1 1 0 0 9 3 5 8 0 15 105 0 2 1 1 6 1 1 4 1 1 0 0 6 9 2 35 5 2 5 1 1 9 3 1 7 2 1 2 2 7 11 1 14 26 2 10 0 2 1 2 1 10 3 1 5 0 8 12 3 33 44 3 2 3 2 5 1 2 2 0 1 7
thereof she most happily brought it to an end by the utter overthrow of the said Tyrone and the Spanish Forces at the Siege of Kingsale under the prudent conduct of the Lord Montjoy then Lord Deputy of Ireland in the eighth year after it brake forth which Rebellion had been begun upon private grudges intermixed with ambition cherished by contempt and parsimony in England spread over all Ireland by pretext of restoring the Romish Religion and hope of unbridled licentiousness and impunity Strengthened by the light credulity of some and secret favour of others which were of great authority as also by one or two prosperous successes Spanish Pentions Spanish Forces and Papal Indulgences and protected by the wicked emulations of the English by a by-partite Government the covetousness of the old Soldiers the cunning practices of Tyrone by his dissembled truces and submissions by the protections of Malefactors bought for money the most cumbersom difficulty of places and by the desperate kind of men safer in the nimbleness of their heels than stableness in Battle The waies propounded in Q. Elizabeths Reign to establish a perpetual peace in Ireland This War proving thus difficult and very tedious and like to have been also very dangerous in case Tyrone and the Spaniards had prevailed at Kingsale caused many wise and worthy persons of the English party to advise of the best ways that could be thought on how the Irish after the suppression of this Rebellion might be assuredly contained in their future Obedience to the Crown of England and not be subject to those frequent relapses whereof the English and the honester sort of Irish had too often had a sad experience in the conclusion of which debate it was generally agreed upon that the fittest remedy and expedient to prevent all those future mischiefs and inconveniences would be upon the subduing of Tyrone and his Confederates to transplant the Rebels of Vlster into Leinster and those of Leinster into Vlster and to give all their Lands to such English as should be invited to come out of England to Plant the same with such Estates as should be thought meet and for such rents as in the whole would maintain four thousand five hundred Soldiers and those disposed of as now they are in very advantageous and well fortified Garrisons which might prove an exceeding good thing both to her Highness to have so many old Soldiers alwaies ready at a call to what purpose soever she please to imploy them and also to have that Land thereby so strengthened that it should neither fear any forreign Invasion nor practice which the Irish should ever attempt but should keep them under in continual awe and firm obedience This was therefore a notorious Error and proved as you have heard of sad consequence to the first English Adventurers and Conquerers of this Kingdome not to have ascertained by way of Chiefry to be raised yearly out of the Conquered Lands a â—ompetent maintenance for the perpetual continuing of five or six thousand Soldiers in pay which should have been disposed of in several strong Garrisons through all Ireland as aforesaid then would have followed that the Laws of England might have been as freely communiâ—ated to the Irish as well as to the English Colonies without any need of turning the Irish into Desarts and Mountains still to continue them in their Barbarisme but rather to have made use of them as the present English Planters do for their Tenants and Labourers to the great benefit and security of the Publick as well as the Private advantage of the English in Ireland And this was the course which the Romans observed in the Conquest of England for they planted some of their Legions in all places convenient the which they caused the Counntry to maintain by cutting upon every portion of Land a reasonable rent which they called Romescot the which might not surcharge the Tenant or Free-holder and might defray the pay of the Garrisons And this hath been alwaies observed by all Princes in all Countries to them newly subdued to set Garrisons amongst them to keep them in duty whose burthen they made them to bear and the want of this Ordinance in the first Conquest of Ireland by Henry the Second was the cause of the so short decay of that Government and the quick recovery again of the Irish therefore by all means this was to be provided for And this was thought to be worthy of blame that in the Planting of Munster after the suppression of the Earl of Desmond's Rebellion Anno 1580. that no care was had of this Ordinance nor any strength of Garrison provided for by a certain allowance out of all the forfeited Lands but only the present profit looked into and the safe continuance thereof for ever thereafter neglected Under every of those English men were to be placed some of those Irish to be Tenants for a certain Rent according to the quantity of such Land as every man should have alloted to him and should be able to Weild wherein this special regard was to be had that in no place under any Landlord there should be many of them placed together but dispersed wide from their acquaintance and scattered far abroad through all the Country for that was the evil which was then found in Ireland that the Irish dwelt together by their Septs and several Nations so as they might practice or conspire what they pleased whereas if there had been English well placed amongst them they should not have been able once to stir or murmur but that it should be known and they shortned according to their demerits But King James being swayed by milder Councils How far K. James proceeded in the Reformation and settlement of Ireland though Tyrone and all his Adherents had absolutely submitted themselves both as to life and estate to be at his Majesties pleasure did by a General Act of State calâ—ed The Act of Oblivion published by Proclamation under the great Seal remit and utterly extinguish all offences against the Crown and all particular Trespasses between Subject and Subject done at any time before his Majesties Reign to all such as would come into the Justice of the Assize by a certain day and claim the benefit of this Act. And by the same Proclamation all the Irishry who for the most part in former times were left under the tyranny of their Lords and Chieftains and had no defence or Justice from the Crown were received into his Majesties immediate protection The Publick Peace being thus established the State proceeded next to establish the Publick Justice in every part of the Realm by dividing all Ireland into Shires and erecting Circuits in every Province and Governing all things therein according to the Laws of England But being it was impossible to make a Common-wealth in Ireland without performing another service which was the settling of all the Estates and Possessions as well of Irish as English throughout the Kingdome
Therefore whereas there was as you heard but one Free-holder in a whole Country which was the Lord himself the rest holding in Villenage and being subject to the Lords immeasurable Taxations whereby they had no encouragement to Build or Plant Now the Lords Estate was divided into two parts that which he held in Domain to himself which was still left unto him and that which was in the hands of the Tenants who had Estates made in their possessions according to the Common Law of England paying instead of uncertain Irish Impositions certain English Rents whereby the people have since set their minds upon repairing their Houses and Manuring their Lands to the great increase of the Private and Publick Revenues These proceedings bred such comfort and security in the hearts of all men as thereupon ensued for the space of about forty years the calmest and most universal Peace that ever was seen in Ireland But the foundation of this so long for wished The Foundation of that settlement shaken Anno 1627. by the Irish refusing to contribute towards the pay of a standing Army in Ireland and most delectable Peace was not so deeply laid but but that it received a shake by the first storm that threatned England for being engaged in a War with France and Spain about the beginning of his Majesties Reign King Charles the First and having therefore occasion to send some additional Forces into Ireland for the better assuring the Peace thereof in such a doubtful time of trouble A proposition was made by the then Lord Deputy Falkland to the chief of the Irish Nation for the contributing of a competent sum of Money towards the maintenance of those Forces to be established by way of a stanâ—ing Army in Ireland To which they would not condescend without a Toleration of Religion first obtained and then they would willingly maintain five hundred horse and five thousand foot wherein the Protestants must have born a share also But the Protestants not approving thereof The Lord Archbishop Vsher then Lord Primate of Ireland was desired by the said Lord Deputy at a great Assembly both of Irish and English met at his Majesties Castle at Dublin the last of April Anno 1627 to press the Irish by very strong Arguments to a condescention of the said proposition where amongst many other most excellent ones then made use of by his Lordship to induce them thereunto He declared that the resolution of those Gentlemen in denying to contribute unto the supplying of the Army sent thither for their defence did put him in mind of the Philosophers Observation That such as have respect to a few things are easily misled the present pressure which they sustained by the imposition of Souldiers and the desire they had to be cas'd of that burthen did so wholly possess their minds that they had onely an eye to the freeing of themselves from that incumbrance without looking at all to the Desolations that were like to come upon them by a long and heavy War which the having of an Army in a readiness might be a means to have prevented The lamentable effects said he of our last Wars in this Kingdome doth yet freeshly stick in our memories Neither can we so soon forget the depopulation of our Land when besides the cumbustions of War the extremity of famine grew so great that the very Women in some places by the way side have surprized the men that rod by to feed themselves with the flesh of the Horse of the Rider and that now again said he here is a storm towards wheresoever it will light every wise man will easily foresee which if we be not careful to meet with in time our State may prove irrecoverable when it will be too late to think of had I wist Proceeding farther he recounted to them how that in the days of King Henry the Eighth the Earl of Desmond had made an offer of the Kingdom of Ireland to the French King Ireland offered to Sale to the French King in days of K. Henry the Eighth the Instrument whereof remains yet upon Record in the Court of Paris and that the Bishop of Rome afterwards transfer'd the Title of all our Kingdoms unto Charles the Fift which new Grants were confirmed unto his Son Philip in the time of Queen Elizabeth with a resolution to settle the Crown of Ireland upon the Spanish Infanta Which Donations of the Popes howsoever they were in themselves of no value yet would they serve for a fair colour to a Potent Pretender who is able to supply by the power of the Sword whatsoever therein may be thought defective Whereunto might be added that of late in Spain at the very same time when the Treaty of the Match was in hand there was a Book published with great approbation there by one of Irish Birth Philip O Sullevan wherein the Spaniard is taught that the ready way to establish his Monarchy for that is the only thing he mainly aimeth at and is plainly there confessed is first to set upon Ireland which being quickly obtained the Conquest of Scotland of England next then of the Low-Countries is foretold with great facility will follow after Neither have we more cause saith my Lord in this regard A distinction of the Irish. to be afraid of a forreign Invasion than to be jealous of a Domestick Rebellion Where least I be mistaken as your Lordships have been lately I must of necessity put a difference betwixt the Inhabitants of this Nation some of them are descended of the Race of the antient English or otherwise hold their Estates from the Crown and have Possessions of their own to stick to who easily may be trusted against a forreign Invader although they differ from the State in matter of Religion for proof of which fidelity in this kind he saith he need go no farther than the late Wars in the time of the Earl of Tyrone wherein they were assaulted with as powerful Temptations to move them from their Loyalty as possibly could be afterwards presented unto them for at that time not only the King of Spain did confederate himself with the Rebels and landed his Forces at Kingsale for their assistance but the Bishop of Rome also with his Breves and Bulls sollicited the Nobility and Gentry of Ireland to Revolt from their Obedience to the Queen declaring that the English did fight against the Catholick Religion and ought to be oppugned as much as the Turks importing the same favours to such as should set upon them as he doth unto such as fight against the Turks and finally promising unto them that the God of Peace would tread down their Enemies under their feet speedily And yet for all the Popes promises and threatnings which were also seconded by a Declatation of the Divines of Salamanca and Valledolid not only the Lords and Gentlemen did constantly continue their Allegiance to the Queen but were also encouraged so to do by the Priests of
great loss whether it turned to the benefit of the Queen or no is not known But to the Treasurers and Paymasters without doubt it brought in good gain whose avarice which is a diligent searcher of hidden gains may seem to have devised it The Money now generally used in Ireland there being little of English because prohibited to be transported thither beyond the summe of five pounds as I take it for the better encouragement of Trade between both Kingdoms is most of all Spanish Coyn to wit pieces of Eight at 4 s. 6 d. the piece consisting of Plate pieces Mexico and old Peru with half and quarter pieces The new Perues whereof there was a good quantity being not long since called in and by reason they were thought to be abused and falsified converted into Plate to the great benefit of some in Dublin and the no small loss at that time of a great many people in Ireland A piece of old English Gold is hardly to be seen in Ireland except what is closely kept in private hands though there was a great proportion thereof before the late Wars which commonly passed from hand to hand in ordinary Payments There is a small quantity of Brass Coyn that is used there for the conveniency of change I have already hinted Buildings how that the Irish by reason of their Barbarous Laws and Customs did never build any Houses of Brick or Stone some few poor Religious Houses excepted before the Reign of King Henry the Second which seems as manifest as strange by the entertainment of the said King received at their chief City of Dublin Anno 1172. who was unavoidably necessitated for meer accommodation finding there no fit place for his reception to set up a long house made of smoothed Wattles after the manner of the Country wherein he pompously entertained the greâ—t Irish Lords and Princes at Christmas All their Forts Castles Stately Buildings and other Edifices were afterwards Erected by the English except as I said some of the Maritine Towns which were built by the Ostmanni or Easterlings who antiently came and Inhabited Ireland The Buildings of Ireland much improved by the last forty years Peace During the last forty years peace in Ireland there were many lovely Houses built through most part of that Kingdom by the English Nobility and Gentry with delicate improvements in Orchards Gardens and Inclosures correspondent thereunto There was also at the same time by way of imitation the like good indeavours of making handsome Improvements and Buildings by the better sort of Irish both in Towns and Country But the fair Dwellings of the English were so badly handled by the Irish in the heat of the War that scarce any part of them except the main Walls escaped from fireing upon which being generally made of Massy Stone the English have rebuilt and are building besides a great number upon new foundations many fair Structures But that which has been hitherto The Nasty Irish Cabbins a great blemish to Ireland and I doubt will ever hereafter be a blemish to the flourishing state of Ireland in point of Building is the great number of Nasty-Smoaky-Cabbins every where made up of Wattles without any Chimnies wherein the poorer sort of Irish do well which cannot be altogether ascribed to their meer poverty and antient custom but rather much more to the uncertainty of the tenure whereby they hold the same being Tenants only but from May to May that so they may more easily quit their Station and try their fortunes else where for an other year though many times to as little effect in case they find themselves over-much opprest by their Landlords Their Parish Churches were generally as meanly built in Ireland as their practice was in Religion but now that the Country comes to be inhabited by a more civil and better Principled people it may be justly hoped and likewise expected that there will be by degrees a Reformation in this particular as well as in other matters of less moment since the handsome building and adorning of Churches do conduce much to draw the rude people to the the reverencing and frequenting thereof CHAP. II. Of the Inhabitants their Laws Religion and Manners Of their Number Language Stature Dyet Attire Recreations Names and Sir-names I have already declared how it is most probable that the first Inhabitants of this Island came hither out of Britain Inhabitants and Laws now called England and Wales And therefore shall proceed to give some farther Account touching the Laws of this Realm both Ancient and Modern The Brehon Law by which the Irish governed themselves was a Rule of Right unwritten but delivered by Tradition from one to another in which often times there appeared great shew of Equity in determining the Right between party and party but in many things repugning quite both to Gods Law and Mans The partiality and impiety of the Brehon Irish Law As for example in the case of Murder the Brehon that is their Judge would compound between the Murderer and the Friends of the party Murdered which Prosecuted the Action that the Malefactor should give unto them or to the Child or Wife of him that is slain a recompence which they called an Eriach By which vile Law of theirs many Murders amongst them were made up and smothered And this Judge being as he was called the Lords Brehon adjudged for the most part a better share unto this Lord that is the Lord of the Soil or the head of that Sept and also unto himself for his judgment a greater portion then unto the Plaintiffs or parties grieved Sir Edward Poynings the best Reformer of the Laws of Ireland He that gave the fairest beginning to the Reformation of the Laws of Ireland of any till his time was Sir Edward Poynings Lord Deputy of Ireland in the Reign of King Henry the Seventh who finding in that Realm nothing but a common misery took the best course he possibly could to establish there a well governed Common-wealth and to that end he held a Parliament no less famous than that of Kilkenny and more available for the Reformation of the whole Kingdom For whereas all wise men did ever concur in opinion that the readiest way to Reform Ireland was to settle a form of Civil Government there conformable to that of England To bring this to pass Sir Edward Poynings did pass an Act whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but provided also for the time to come For he caused an other Law to be made that no Act should be propounded in any Parliament of Ireland but such as should be first Transmitted into England and approved by the King and Council there as good and expedient for that Land and so returned back again under the Great Seal of England This Act though it seem Prima facie to restrain
the Liberty of the Subjects of Ireland yet was it made at the Prayer of the Commons upon just and important cause For the Governors of that Realm especially such as were of that Country Birth Poynings Act made at the request of the Commons of Ireland had laid many opprssions upon the Commons And amongst the rest they had imposed Laws upon them not tending to the general good but to serve private turns and to strengthen their particular factions This moved them to refer all Laws that were to be past in Ireland to be considered corrected and allowed first by the State of England which had alwaies been tender and careful of the good of this people and had long since made them a Civil Rich and Happy Nation if their own Lords and Governors there had not sent bad intelligence into England Besides this he took special Order that the Summons of Parliament should go into all the Shires of Ireland and not to the four Shires onely within the English Pale for out of that little Precinct there were no Lords Knights or Burgesses Summoned to the Parliament neither did the Kings Writ run in any other part of the Kingdom and for that cause specially he caused all the Acts of Parliament lately before holden by the Viscount of Gormanston to be repealed and made void On these foundations they have raised many superstructures both of Law and Government enacted in their own Parliaments summoned by the Lord Deputy at the Kings appointment Amongst many inconveniences which have been observed in the Laws of England in relation to the Government of Ireland whereof a reformation was wisht this was a main one That when any of the Irish intended to go into Rebellion Entailing of Lands supported the Rebellions in Ireland they would convey away all their Lands and Lordships to Feoffees in trust whereby they reserved to themselves but a State for term of life which being determined by the sword or by the halter their Lands straight came to their heirs and the Crown of England defrauded of the intent of the Law which laid that grievous punishment upon Traytors to forfeit all their Lands to the Prince to the end that men might the rather be terrified from committing treasons for many which would little esteem of their own lives yet for remorse of their Wives and Children would be with-held from that heinous crime This appeared plainly in the late Earl of Desmond For before his breaking forth into open Rebellion he had conveyed secretly all his Lands to Feoffees of trust in hope to have cut off her Majesty from the Escheat of his Lands which inconvenience though well enough avoided at that time by an Act of Parliament obtained with much difficulty which by cutting off and frustrating all such conveyances as had at any time by the space of twelve years before his Rebellion been made within the compass whereof the fraudulent Feoffment and many the like of others his accomplices and fellow traytors were contained gave all his Lands to the Queen yet were it not an endless trouble supposing such Acts were easily brought to pass that no Traitor or Fellon should be attainted but a Parliament must be called for bringing of his Lands to the Crown which the Law giveth it Although since the time of St. Patrick Anno 430 Christianity was never extinct in Ireland Religion yet the Government being hailed into contrary factions the Nobility lawless the multitude wilful it came to pass that Religion waxed with the temporal common sort cold and feeble untill the Conquest by King Henry the Second did settle it The Honourable state of Marriage they much abused either in contracts unlawful meetings the Levitical and Canonical degrees of prohibition or in divorcements at pleasure or in omitting Sacramental solemnities or in retaining either Concubines or Harlots for Wives yea where the Clergy were faint they could be content to Marry for a year and a day of probation and at the years end to return her home upon any light quarrels if the Gentlewomans friends were weak and unable to avenge the injury Never was there heard of so many dispensations for Marriage as those men show I pray God grant they were all authentick and builded upon sufficient warrant The Disorders of the Church of Ireland about the latter end of Q. Elizabeths Reign and the causes of it About the latter end of Queen Elizabeths Reign the Church of Ireland was infested not onely with gross Symony greedy covetousness fleshly incontinency careless sloath and generally a disordered life in the common Clergy-men But besides all these had their particular enormities for all the Irish Priests which then enjoyed the Church-livings were in a manner meer Lay-men saving that they had taken holy Orders but otherwise they did go and live like Lay-men follow all kind of Husbandry and other worldly affairs as other Irish men did They neither read Scriptures nor preach to the People nor administer Communion but Baptism they did for they Christened then after the Popish fashion onely they took the Tithes and Offerings and gathered what fruit else they might of their Livings the which they converted as badly and some of them they said paid as due Tributes and Shares of their Livings to their Bishops I mean those which were Irish as they received them duly Which shameful abuses the English Governours could not redress because they knew not the parties so offending for the Irish Bishops had their Clergy in such aw and subjection under them that they durst not complain of them so as they might do to them what they pleased for they knowing their own unworthiness and incapacity and that they were still removeable at their Bishops will yielded to what pleased him and he took what he listed yea and some of them whose Diocesses were in remote parts somewhat out of the Worlds eye did not at all bestow the Benefices which were in their own donation upon any but kept them in their own hands and did set their own Servants and horse-boys to take up the Tithes and Fruits of them with the which some of them purchased great Lands and built fair Castles upon the same Of which abuse if any question were moved they had a very seemly colour and excuse that they had no worthy Ministers to bestow them upon but kept them so unbestowed for any such sufficient person as should be offered unto them To meet with this mischief there was a Statute enacted in Ireland which seems to have been grounded upon a good meaning That whatsoever English-man of good conversation and sufficiency should be brought to any of the Bishops and nominated unto any Living within their Diocess that were presently void that he should without any contradiction be admitted thereunto before any Irish which good Law though it had been well observed and that none of the Bishops had transgressed the same yet it wrought no Reformation thereof for many defects First there