vigilance of that King to reliev them did stoutly beat them off and frustrated their unchristian intention Then that King finding them so embarked in their former rudeness and barbarisme as there was no faith or dutie to bee exspected from them and that they could not sit down in anie civil societie Hee by advice of his Council confiscated all their Estates and adjudged and declared the Irish generally to bee enemies and aliens in which condition they continued long after as is manifest by the Records and Statute-Laws of those times And then hee set his Subjects of England and Wales at full Libertie to win what they could in that Land towards the reducement thereof to his just Subjection for better accomplishment whereof hee made chois of ten special persons of qualitie and power in his other Dominions to whom by grant of inheritance hee divided the Lands of that whole Island who drawing together their several Alies friends and other adventurers they by that King's countenance and assistance so bestirred themselvs as within few years they became Masters and possessors of the whole Island and so continued quietly possessed for almost one hundred years without anie offence to England forcing the perfidious Irish who were then few in number after manie conflicts with them into Mountains Bogs and boggie woods there to wander up and down with the remain of their Cattel not daring to bee seen or to graze in anie of the more habitable parts where the English had footing special Statute-Laws prohibiting the same Laws also were made that upon pain of fellonie no Merchant or other liege person should trade with the Irish in market or otherwise It was also made fellonie to succor anie of the Irish enemies from the time of the foresaid division forward was that Island onely called the King's Land of Ireland till the reign of King Henrie the eighth as appear's by Acts of Parlament and all Records mentioning the same The division hee made was as followeth viz. To Richard Earl of Pembroke of Strigil called Strongbow he regranted the Kingdom or Territories of Leimster surrendred to him by the said Earl Richard whose it was pretended to bee in right of his wife sole daughter and heir of the last nominal or tributarie King thereof except Dublin and som lands thereunto lying part whereof is yet called the King's Land and beeing divided into Mannors the Free-holders paie chief rents into the Exchequer to this daie and except som maritim Towns Castles and som lands about them which hee reserved to himself To Bobert Fitz-Stephens and Myles Cogan hee granted the Territories called the Kingdom of Cork the Citie of Cork and som lands thereunto lying reserved as aforesaid excepted the heir of Cogan is yet possessor of som of those lands To Phillip le Bruce the Territories called the Kingdom of Limerick with donation of Bishopricks and Abbeies except the Citie of Limerick and a Cantred of Land adjoining reserved as aforesaid To Sr Hugh de Lacie Justice or as som write Custos of Ireland the territories called the Kingdom of Meath then of far greater extent then the name Meath now import's To Sr John de Coursie all Vlster which beeing a large continent was quietly possessed by him and his English tenements manie years After his death without heirs it was granted to Hugh Lacie who held it till forfeited then was it granted by King Edward the first to Walter de Burgo from whom it descended to William de Burgo And after those Lands and Signories were by Edward the fourth adjoined to the Demesne and Crown-Lands of England To William Fitz-Adelme de Burgo all Connaght except a small part for life given to Rotherick formerly nominal King thereof after whose death that Land also was by King Henrie the third granted to Richard de Burgo heir to William except the Cantreds of Roscomon Randon and two or three other Cantreds neer Athlon All which were after granted by succeeding Kings to other English onely Roscomon remained in the Crown till Queen Elizabeth granted the same to one Mr Malby This whole Countrie came after to the Crown by the marriage of Lionel Duke of Clarence son to King Edward the third with the Daughter and heir of de Burgo To Sr Thomas Clare of the stock of the Earl of Glocester all Ghomond now the Countie of Clare which was confirmed to the same Familie by grant from King Edward the first to Robert le Poer all the Countie of Waterford except the Citie and cantred about it the chief of the Familie of which Poers is now a Baron to Otho de Grandison all Tipperarie Afterwards King John having intelligence that the English began to bee at variance amongst themselvs by reason that the Laws were not so spread and administred as they should bee made a voiage in person thither with a competent force for his honor and safetie and then did hee divide the whole Land into Counties as they for the most part stand at this daie though Connaght and Vlster since are much subdivided hee carried over with him divers learned men for civil and ecclesiastical Notion hee ordered and established the Courts of Justice as in England viz. the Chancerie the Kings Bench Common Pleas and Exchequer and other Ecclesiastical Judicatures and setled competent Judges in them hee appointed Justices Itinerant and all other Officers for Law and execution of Justice and four tearms in the year to bee kept as in England by which the people became subject to Law the Irish beeing still held as enemies and Aliens were better governed lived in peace and great prosperitie manie years save what ruptures it endured by their own dissentions as hereafter appeareth So as by what is above specified it appear's the English were made lawfully inheritable and became possessed of the whole continent wheresoever they could finde places anie waie fit for habitation And to prove their possessions as well as their grants besides that in all the ancient Records taking cognizance of all the habitable parts of that Land in which those English are named you shall finde no Juries upon Inquiries or trial of anie causes whatsoever Capital Criminal or common where is mentioned anie Irish name but all English All their Officers and Ministers of Justice beeing the same and beside several Statute-Laws do assert their universal possession It is undeniably evident that generally all the now Freeholders of several great continents in that Island are English either descendents or deriving from those first adventurers or by ancient grants from the Crown upon their forfeitures though the truth is manie of their laborers underfarmers and tennants which they call Churls are and still were Irish the territories and Countries which those English and som of late settlement did and do possess are viz. in the Countie of Down the Countries of little Ards the Duffrey Lecale Mourn the Newrie and several other places of lesser note all the Countie of Lowth the whole Countie of Dublin
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
rebellion wherein not a Family in England but is interessed and which they exspect not to bee rendered fruitless to the dishonor of the whole Nation Set all these aside yet humane reason and policie dictate's that the Hous cannot bee safe so long as the back door is open The father wrong's his posteritie if hee lavishly give away halfe his inheritance the regaining whereof hereafter may bee a cause of ten fold loss of blood and treasure to what it may cost in preservation that it is neither safe or just in the Law of Nature to fling away anie part of our Arms or defence though at present cumbersom which may advantage the enemie by taking possession of and using as the popish partie will against us And saie the right and interest of England to Ireland were not so great cleer and undeniable as it is yet the late revolutions considered England must never exspect to bee advantaged or anie waie bettered by deserting Ireland and giving it up to the Rebellious Inhabitants A people so foully and lately treacherous to the Protestants and later English Which people are neither so formidable in their best arms defences and power to keep themselvs in such a proclaimed condition or freedom Nor is it the aim or mark of their new Grandees to effect and maintein it whose divisions and contrarie inclinations amongst themselvs are and will ever bee a readie and open gap for anie England's enemies to enter in at And saie they have no realitie in them to a kingly claim as without doubt they have not they having now of late made amongst them so manie new Kings yet it were an Act of destructive and dangerous consequence to give Ireland to the disposal of the Pope and hee to the Spaniard his dear childe which the Inhabitants of Ireland are not much against but contrariwise manie of them desire it and which undoubtedly if not prevented would happen And so that bit bee brought into the mouth of the Spaniard which hee hath so long gaped after to swallow and devour And admit that Ireland were of the Protestant Religion as well as England and thereby the above inconveniencies avoided yet were it neither safe nor commendable to quit the dependance of that Island on England by proclaiming the Inhabitants thereof a free State since what such a State might do upon verie slender grounds and mistakes let Scotland witness The resolution therefore is that to do as this Quere propound's is extreme loss hazard and disadvantage to the people of England and the reducement of that Countrie to its lawful dependance and Government of England by a full conquest of the present Rebels let the charge bee what it will is more honorable safe profitable and advantagious to England then to proclaim them a free State who are not in a capacitie to make and keep themselvs so nor are or ever were a distinct Nation as is before said and here take notice how the Querist propound's a suitable reward indeed for the State of England to bestow upon the Reâ—â—â—â—â— of Ireland for murdering their kindred and allies acknowledging the said Rebels a free State and in amitie with them and thereby for ever to quit their own undoubted interest establish the worst of their enemies becom guiltie of the unparalel'd murthers of those that were flesh of their flesh and bone of their bone and leav the remnant of the poor English there continually open to the rapine of those whose mercies are cruelties So as the Querist would work the State of England into an impious unprovident and unnatural desertion of the caus of God their own interest and National quarrel The seventeenth Quere VVhether Ireland were not altogether as like to accept of protection safetie and defenâ—e from the State and people of England as from Spain or any other Nation especially would they not rather then from Prince Charles Rupert or from such like forlorn Soldiers how would they then style the malignant Partie inconsiderable And whether they were not then likelie suddenly to recall their Sea-Pirats and so suddenly set open all Trade by Sea The seventeenth Answer BEcaus the Rebellious Inhabitants of Ireland have cast off their obedience to the government of England and as is too well known have plotted and as farr as they could indeavored the utter exâ—tirpation of the English Protestants have in coolness of bloud and without any provocation given them maliciously and most barbarously murthered som hundreds of thousands of them driven the rest from their habitations robbed them of their Estates wounded maimed and most miserably intreated great numbers of others have burned their houses Casiles and Churches and have elected and made to and amongst themselvs several new Kings viz. the Pope the King of Spaine Owen M c Art O Neil Sr Phelim O Neil The Lord Maguire since deceased O Conner Dun of Sligoh Philip M c Hugh M c Sane O Rely Dermot M c Doolin Cavenagh and one O Shergil as doth and will fully appear in the examinations taken in that behalf and becaus also those rebellious Irish have declined all English government returned to their barbarous manners and customs have set up a new government have vowed and many of them taken the Sacrament to destroy not only all the men women and children of the English Protestants but also all irrational Creatures of the English breed and becaus also they have in a most high manner as farr as they could prophaned the Churches books and daies of God's true worship have brought to death as many Professors of his truth as they could possiblie surprise and have dilated their power and strength in the acting and perpetrating of any crime destructive to the English Protestants and which might render themselvs uncapable of mercie protection or safetie from the people of England therefore none ought to be given them nor ought the sword now justly and upon necessitie drawn out against them be returned to the Scabbard before that destruction they denounced and resolved to execute upon the English be retaliated upon themselvs least such mercie be recompenced with a curs as the holie Ghost by the Prophet in a case such semblance pronounced Jer. 28.10 Cursed bee bee that doth the work of the Lord negligently and cursed bee hee that keepeth back his Sword from bloud But I wonder from what the Querist mean's they should be protected saved or defended if hee intend it to bee from that punishment they have so justly merited by their Rebellion and wickedness past according to that protection and those Concessions they lately had by Compact with Ormond grounded upon a Commission from the late King Charle To that I answer That if the indulgent English should grant it to them no doubt they would accept and make use of it so long as they should finde it to promote and be consistent with their own ends and surely they would to themselvs take up no little glorie to meet with such a color of justification as they might thereby transferr their odious guilt upon the Protectors so much elevate the policie and wit of the old Serpent their dread Lord and Master above the English Protestant genius and bee thereby also the further enabled to destroy the remaining Partie of the Protestants in Ireland too precious wee hope to bee the price of their securitie But for further resolution These rebellious Inhabitants of Ireland are so contemptuous to the English laws so opposite in profession to the English Protestant so hardned in their wickedness envie and hatred against God's truth and them for the truth's sake and so wil ully bent to persist as till suppressed they will not omit but contrariwise with greediness draw into their confederacie countenance and assistance any whether forreign Prince or other person and never think themselvs in good condition or safetie until if possible they have sounded the dreinings of the English veins to their abyss through their deepest lakes of bloud and have brought the undestroied part of the English to the lowest ebb of tranquilitie which they will endeavour to effect and hasten on as well by Sea as Land and have in most esteem all malignant Parties lending a hand and enabling them to effect it But the Lord prevent them Something may bee said concerning Edmond Gawre who delivered the formerly recited and answered cavilling Queres to Mr Theodore Jennings who delivered them over to the Lord President of the Council of State as that it is verie like lie he is an Irishman and one whom by credible information doth or lately did covertly cnnningly shelter among the soldierie in or about Londor and is a Jesuitical Papist for the verie Queres themselvs smel of the breath of a Jesuit the truth whereof may do well if found out by inquisition after his present being parentage and education which is left to the discretion of those eminent persons in anthoritie the Impostorâ—s then present drift being to retard and hinder if possible forces and succors from our Partie in Ireland at that time when the Land was in greatest danger to bee â—ent and taken from us FINIS