several Kings transmitting great numbers of them to assist in the warrs of France Scotland and Wales in several times In the former part of the reign of King Henrie the sixth Ireland continued In the same posture the English beeing now put to their defence in all parts but the greatest and most remarkable decaie and ruine of the prosperitie and possession of the English in Ireland began in the later end of the reign of King Henrie the sixt and in the beginning of King Edward the fourth For after the middle of the reign of King Henrie the sixt Richard Duke of York beginning to whisper his right to the Crown more audibly then before hee was soon after sent into Ireland Lievtenant which was somtimes usual as a removal of such as were dangerous or pretended trouble There hee had given him much regal autoritie more then might bee consonant to right reason had they well considered the place or the consequences hee was continued there nine or ten years by himself and his Deputies himself making starts into England which as it was handled amplified his power in Ireland hee had power to dispose the King's revenues as hee thought fit hee had power to grant and let the King's Lands in Ireland to place and displace officers and to wage what men hee thought good This Lord esteemed there a person of high blood having an eie more upon events in England then the reducement of Ireland applied himself for the most part towards his own pretentions hee entertained both parties English and Irish in a plausible waie travelling in his secret thoughts to fasten parties to him against the time hee might have use of them Hee tolerated the Irish to hold what they had formerly intruded unto not sparing favors where hee observed reason to oblige and they regarding somwhat his high birth a thing they seem most to adore were by those means held more quiet then in former times hee conteined the English by courtesie and fair entreatie and by bestowing of imploiments so as hee found great adherence by waie of personal affection hee made som journies into England always accompanied with som of the Gentrie of Ireland to propagate and ripen confederacie In England hee endured the changes of war At last hee was forced into Ireland where hee gather's more strength and hearing that Warwick and Salisburie had taken the King hee com's over attended with good numbers of the English Lords and others and som of the Irish Hee obtein's his ends in Parlament The Queen flie's into Scotland and coming back the Duke of York meet 's her at Wakefield where hee was slain and manie of those of Ireland with him the Earl of Ormond on the other side beeing a professor to the hous of Lancaster passed into England about the same time with manie of the English and som Irish the Earl of March encounter 's him and others at Mortimer's Cross in Wales there is Ormond and the rest defeated and manie of Ireland slain So as what by the companies which at times passed over with the Duke of York and what by such as voluntarily led themselvs into England on both sides during those combustions great consumptions of those of Ireland could not but bee the consequent especially the Gentrie and best men Hereupon did the Irish on all sides exspatiate and fasten upon the English possessions where they could reach and indeed in short time so dilated themselvs as they for the time forced the English into their strengths and into narrow rooms they confirmed themselvs in their formerly erected and usurped Captainships which before the reign of King Henrie the eight were far to manie and most of them so continued till the end of the reign of Queen Elizabeth therein exercising an absolute tyrannical power over all inferiors aswell all such English as hazarded to continue amongst them as the Irish And here may the Querist and all others take full view of the progress foot-steps and means of the Irish incroachments upon the English possessions though it is true that in after times manie of the English became repossessed of much of their antient Lands except in Vlster and Connaght in which Provinces manie of the old English are now as barbarous as the meer Irish hardly to bee distinguished yet by what is above written it grow's more lucid and cleer that the Inhabitants of that Island who now stand in arms against England who in several successions setled them there are not such an entire nation fixed there by God and Nature free from anie other power and challenge as the Querist propound's them and where the entiretie of such a Nation footed there as is pretended is to bee found as things are before discovered will require a verie wearisom scrutinie and at last satisfie no understanding man Nay it is avouched by several good writers and may bee truly asserted in the experience of such as well understand Ireland that setting aside the first Inhabitants from Britain and other Nations inserted there by the permission of the Britains and such as had power in Britain and such as of themselvs intruded before the entrance of King Henrie the second promiscuously laced amongst them who all now pass under the Notion and style of the old Irish the verie English sent in thither by King Henrie the second and other Kings succeeding him before King James and who at the beginning of this Rebellion were really stated and vested in Lands in that Island though not in numbers and bodies of men becaus most of the Churls and laborers as aforesaid were Irish nor perhaps in quantities and extents of Lands yet in true value and command over others did far exceed and were far more estimable and powerful in that Island then those denominated the old Irish besides the the great towns which as is above said are wholly in a manner English for consider their present composure of persons and affairs even after this late horrid and inhumane eradication of the new English and protestants First Their Nobilitie now in rebellion are all old English except a verie few which were and yet are both weak in power and strength Their supream Council as they call it and other Provincial and Countie Councils and their general Assemblie are for the most part old English most of the best Commanders in the war are of the same most of their hors and manie of their foot who have been most daring in the Rebellion are of the same the whole frame of their new-Modelled-Government was at first digested and is ever since countenanced and enlivened by the old English they seem in their constitutions to put themselvs for the most part in waie of policie at present into the frame of the English Laws becaus they well know how uncertain and barbarous their supposed Irish Laws were though verie manie of them rather desire the old Irish Tyrannie and rude exorbitancie And were it not that the old English were and still are
the Irish Partisans fell into the more northern parts of Connaght as the Counties of Sligo and Leitrim and also the Northern parts of the Countie of Roscomon who so fully accomplished the expulsion of the English as in the time of King Charls an intention beeing to plant that Province upon Inquirie made into everie particular man's holding there could not bee shewed anie antient Evidence for anie Land holden amongst them as in the other Provinces of Mounster and Leimster are to bee shewed in great numbers About the twentie fifth year of King Edward the third was Richard de Clare murthered by the men of Thomond at what time and after the Irish so insulted there as the English were either in short time massacred or forced into other parts for their more safetie And thus is plainly evidenced in brief part of the means of the great incroachments of the Irish upon the English possessions especially in the remote parts and now were the English Lords and such of the English Freeholders as they could draw or force with them arrived at a great height of degeneration Now had they for the most part betaken themselvs to the Brehan or Tanistree Law as they called it and other Irish usages and customs so destructive to themselvs and repudiated the English Laws brought with them under which they happily lived and under which the people of England had and have so manie ages florished and been famous through providence except what remained in the five shiers of the Pale and in som small circuits about the walled-Towns which reteined in som measure the English Laws Now did they generally embrace the Irish garb of licentiousnes and tyrannie over the inferiors They erected amongst themselvs Captain-ships in their Countries after the Irish fashion and unwisely suffered the Irish to do the like where they had gotten footing applauding them in all things whereby the Irish were raised into a kinde of Dominion they little obeied or regarded the Governors sent out of England though for their onely good and manie times to rescue them from the Irish outrages and furie and reconcile their own unnatural jars they suffered not the King's Writs to run in their Countries but they would undertake in a summarie waie to answer for their followers as they now call them for what wrong or crime soever committed they assumed Irish nicknames as the chief of the Burks Mr William Brimingham Mr Yoris Mangle Mr Costelo Dexeter Mr Jorden Archdeacon Mr Odo Condon Mr Maiog one of the Garaldines Mr Gibbon and som hundreds the like in that Land and this they did in contempt of the English name and Nation They went to the wars in Irish furniture to their horses and Irish arms defensive and offensive shearing their horses mains after the Irish manner Insomuch as afterwards there was necessitie by Laws to enforce them to ride in saddles the Irish riding onely on small quilted pillions fastned onely with a sursingle they combined in sull complacencie for cours of life with the Irish in all things even to rebellious actions several times yea so far were they sunck in this base degeneration and defection as the Earl of Desmond claimed privilege never to com to Parlament or within walled Town but at his own pleasure which privilege hee in Queen Elizabeth's time surrendred and renounced And it was resolved amongst them that becaus they by violence and oppression had intruded into the Lands of the inferior English and given the Irish libertie to dwell there first at will though it proved otherwise after and finding the power out of England slack to controul them by reason of other imploiments They at length judged it most preservative to incorporate with the Irish and so cast off the English Law and Loialtie presuming thereby the better to keep what they had so ravished knowing well that if the English Law gained concurrencie amongst them the parties wronged or their descendents removed as aforesaid would doubtles recover their own and so shorten the great revenues and cuttings wherein they thought they had ascertained a compleat interest by those waies of confusion But it fell out otherwise in shor time for by God's just avengement on their wickedness the Irish who manie years lived in the Island as aforesaid by their sufferance neither of force nor anie waie deterred by the English daily increasing in numbers actuated in Martial Discipline possessed also though but at will of great quantities of Land they as opportunities offered part whereof is after herein expressed rose up against their Lords especially in the Woodland Countries and called the Lands their own and in short time became formidable to the English who began now to finde their error in so prodigiously forgetting themselvs their noble ancestors and originals and the glorious Kingdom from whence they came putting themselvs in a manner into the hands of their slavish enemies and as may bee said were transformed into another people These disorders fractures and insolencies and the great pressures and detriments of the English crying loud into England at last the noble and victorious Prince King Edward the third pitying their deformed and lapsed condition in the thirtie sixth year of his reign though his forrein engagements were great and heavie at that time sent thither as his Lieutenant Lionel Duke of Clarence his third son above mentioned with a competent strength to reduce things to some better form this young Lord continued there for the most part seven yeers brought with him a good and honorable Council both for peace and warr set himself with all zeal and affection specially to reorder the English Colonies if it might be to reintegrate them in their pristin estates freedom and government himself having good interest there as is above touched To this Livetenant manie of the Irish made submissions as they had manie times don before to King Henrie the second King John and after to King Richard the second and others authorised by the Kings of England he had sundrie conflicts with the Irish verie manie of the English after a short time siding with him About the 40 yeer of King Edward the third he held that famous Parlament at Kilkenny wherein plainly appear's by the Lawes made there and som others formerly enacted by Rockesby Justice of Ireland 25 E. 3 the great degeneration and deformitie of the old English above specified Laws and Statutes being the best Dictates of the maladies of times and that the principal labour was to reform and bring into temper and rule of Law the old English Colonies Som particulars of which Laws were viz. Against Parlies with the Irish without leave That Chieftains should assist and apprehend Felons Against barbarous Fees and extortions of the Lord's Officers called Marshals Against the English calling the Irish to help them in their quarrels Against the Lords distreining contrarie to the English Law That the English should only use the English Law and not the custom called the Brehan Law
or Marcheor Law That if anie of the English race should use an Irish name Irish language Irish apparrel or anie other guise or fashion of the Irish his Lands should bee seised till hee conformed Or if he no Land then other mulcts were appointed That the Lords should not disturb the King's Officers in executing their Offices That Serjeants Bailiffs should execute the commands of the King and of the Sheriffs that the Sheriffs and Serjeants of Franchises should give acquittances for the Kings money received of Debtors and receiv and pay by Indenture That no Sheriffs should hold Courts contrarie to the Common Law That the English should not marrie nor Gossip with the Irish That the English should use the English language and nurture That old and new English should all alike be called Lieges of the King That no English should use Irish or barbarous sports that no Irish Pipers Rimers bablers Skelaghs Ferdanes Carraghs or news-tellers should bee suffered to com amongst the English That no Kearns Hoblers nor idle men should range take meat c of the people against their wills but hue and crie to be made after them That no Irish should be admitted to benefits or entred into religious houses That Judges should travel half yeerly to enquire of offences and to execute the Law That four Justices of peace of and in each Countie should charge the Inhabitants with hors and foot to defend themselvs against Irish enemies That robberies committed in the guildable should not be protected in the franchises and so on the contrarie but the theeves to be delivered up to the proper officers and many other like Laws were then made towards restauration and recomposing of the then deformed and adulterated English and for the further redress divers other Laws som before and som after were made viz. One to take away protections which with frequent pardons were observed to be pestilent Remora's to the English restitution and secure peace insomuch as King Edward the third towards the later end of his reign sent two Ordinances into Ireland viz. First Justitiarius Hiberniae non concedat pardonationes de morte hominis nec de roberiis seu incendiis et quòd de caetero certificet dominum Regem de nominibus petentium Secondly Item quòd nec Justitiarius nec aliquis magnas Hiberniae concedat protectiones alicui contra pacem regis existentis And the experience of the common dammage by such pardons and protections ever since prove's the malignancie of them that being charged by divers good authors conversant in Irish affairs to be the dishonour and ruine of the Common-wealth Other Laws were also made viz. One to distinguish betwixt the English and Irish by the cutting off their beards Another against the taking of amends for the murther of a friend Another That no man should stirr up the Irish to assist in their warr Another Against taking Theeves into Comerick in English protection All which Laws at Kilkenny were after confirmed and revived by another Law made in the tenth yeer of King Henrie the seventh Chap. 8 Wherein are these words viz. As long as those Laws were put in ure and execution this Land continued in prosperitie and honor and since they were not executed the people rebelled and digressed from their obedience and the Land fell to ruine and desolation c. And the truth is it appear's by good Histories of those times and more authentically by Records both of the Exchequer Common-pleas of those yeers that by practice of these Lawes and the industrie travel of the said Lionel notable alteration was made in the manners of the people and much don of value towards the restitution of the English Government in the English Colonies That the Crown-Revenues both certain and casuall were duly accompted for in all the Provinces and that the King's Writ did run the Common-Law executed in all parts amongst the English This Duke built the wals of Catherlagh hee also reduced much lands in Connaght and Vlster into the English mens hands and this good order continued all the residue of that King's reign and part of the reign of King Richard the second but towards the middle of his time the Irish and som farr degenerate English hearing of the Duke of Clarence his death in Italie and finding great dissentions to arise in England combined themselvs to the fresh annoiance of the English and prosecuting their long intendment to exstirpate them And now did the English finde caus to rais themselvs into defens against the Irish which they were afterwards dangerously put unto thereupon that King having received repuls in his affectation to bee Emperor and desirous to act somthing of glorie and satisfaction to his people about the 18 yeer of his reign undertook a roial expedition into Ireland transporting with him 30000 foot and 4000 men at Arms as the Chronicles relate whereat the Irish being terrified fell into their old lock of submissions the verie gulf which hath hitherto swallowed up all the essaies and labors of reformation there hoping thereby to dissolv that force and frustrate his good design and to insist on the verie truth that cours of pardons upon submissions of the Irish hath for at least three hundred yeers past bottomed all the combustions and insults of the Irish That King being not in case to be long absent was perswaded to accept of their submissions which hee did from all the powerful men of the Irish and som degenerate English Lords those Irish of Leimster taking Oath to leav the Land to his free dispose by a certain time Great quantities of the Leimster land were granted to Sir John de Bellomonto and others whose issues long after enjoyed it he also conditioned with the Irish of Connaght and Ulster upon their submissions to restore the Lands to the English which the Irish never performed So this young Prince abused by the fraudulent submissions of the Irish as others before and after were returned with his men into England leaving the English in Ireland in but a little better case then he found them Soon after his departure the Irish brake forth and stood up for their ends as high as ever whereupon ensued great conflicts between them and the English in one of which was slain Mortimer Earl of March the King's Lievtenant thereupon did many of the English overhaled with burthens and harrowings relinquish their estates and resort into England to side with Parties there as their affections did lead them though Lawes were in Ireland and Ordinances in England as well to stop their going as to return them back It is not recorded nor known as is conceived that in the reigns of King Henrie the fourth or King Henrie the fifth who were much taken up in other business any forces were sent into Ireland whereby the Irish inlarged much partly through the departure of the English and chiefly by the great devastations they formerly suffered besides what diminutions they endured by