yet remayning in Breminghams Tower made by william Fitz-warren Seneshall and Farmour of the Landes in Vlster seized into the Kings hands after the death of walter de Burgo Earle of Vlster from the fifth yeare of Edward the third vntill the eight yeare doe amount but to 900. and odde pounds at what time the Irishry had not made so great an inuasion vpon the earledome of Vlster as they had done in the time of King Richard the second As vaine a thing it is that I haue seen written in an ancient Manuscript touching the Customes of this realme in the time of King Edward the third that those dutics in those daies should yearely amount to 10000. Markes which by mine owne search and view of the Records heere I can iustly controll For vppon the late reducing of this ancient inheritance of the crown which had beene detained in most of the Port-Townes of this Realme for the space of a hundred yeares and vpwardes I tooke some paines according to the duty of my place to visâ— all the Pipe-Rolles wherein the Accompts of Customes are contained and found those duties aunswered in euery Port for 250. yeares together but did not find that at any time they did exceed a thousand pound Per annum and no maruell for the subsidie of Pondage was not then known and the greatest profite did arise by the Cocquet of Hides for Wooll and Wooll-fels were euer of little value in this Kingdome But now againe let vs see how the Martiall affayrs proceeded in Ireland Sir william winsor continued his gouerment till the latter end of the raign of King Edward the thirde keeping but not enlarging the English borders IN the beginning of the raigne of King Richard the second the State of England began to thinke of the recouery of Ireland For then was the first Statute made against Absentees commanding al such as had Land in Ireland to returne reside thereupon vppon paine to forfeite two third parts of the profit thereof Againe this King before himselfe intended to passe ouer committed the Gouernment of this Realme to such great Lordes successiuely as he did most loue and fauor first to the Earle of Oxford his Cheefe Minion whom he created Marquesse of Dublin and Duke of Ireland next to the Duke of Surrey his halfe Brother and lastly to the Lord Mortimer Earle of March and Vlster his Cosin and heyre apparant Among the Patent Rolles in the Tower the ninth yeare of Rich. the 2. we finde fiue hundred men at Armes at xij d. a peece Per diem and a 1000. A chers at vi pence a piece per diem appointed for the Duke of Ireland Super Conquestu illius terrae per duos annos for those are the wordes of that Record But for the other two Lieutenants I do not find the certain numbers wherof their armies did consist But certaine it is that they were scarse able to defend the English borders much lesse to reduce the whol Island For one of them namely the Earle of March was himselfe slain vpon the borders of Meth for reuenge of whose death the King himselfe made his second voyage into Ireland in the last yeare of his raigne For his first voyage in the eighteenth yeare of his raigne which was indeed a VoyageRoyall was made vpon another motiue and occasion which was this Vpon the vacancy of the Empire this King hauing married the King of Bohemiaes Daughter whereby hee had great alliance in Germany did by his Ambassadors solicit the Princes Electors to choose him Emperour but another being elected and his ambas sadors returned hee would needes know of them the cause of his repulse in that Competition they tolde him plainly that the Princes of Germanie did not thinke him fit to commaund the Empire who was neither able to hold that which his Ancestours had gained in France nor to rule his inso lent Subiects in England nor to Maister his rebellious people of Ireland This was enough to kindle in the heart of a young Prince a desire to performe some great enterprise And therefore finding it no fit time to attempt France he resolued to finish the Conquest of Ireland and to that end he leuied a mightie armie consisting of foure thousand men at Armes and 30000. Archers which was a sufficient power to haue reduced the whol Island if he had first broken the Irish with a warre and after established the English Lawes among them and not haue beene satisfied with their light submissions onely wherewith in all ages they haue mockt and abused the State of England But the Irish Lords knowing this to be a sure pollicie to dissolue the forces which they were not able to resist for their Ancestors had put the same trick and imposture vppon King Iohn and King Henry the second assoone as the King was arriued with his army which he brought ouer vnder S. Edwards Banner whose name was had in great veneration amongst the Irish they all made offer to submit themselues Whereupon the Lorde Thomas Mowbray Earle of Nottingham and Marshall of England was authorized by speciall Commission to receiue the homages Oaths of fidelity of all the Irishrie of Leinster And the King himselfe hauing receiued humble Letters from Oneale wherein hee styleth himselfe Prince of the Irishry in Vlster and yet acknoledgeth the King to be his Soueraign Lorde perpetuus Dominus Hiberniae remoued to Droghedab to accept the like submissions from the Irish of Vlster The men of Leinster namely Mac Murrogh O Byrne O Moore O Murrogh O Nolan and the cheefe of the Kinshelaghes in an humble and solemn manner did their homages made their Oaths of fidelity to the Earl Marshall laying aside their girdles their skeins and their Caps and falling downe at his feet vpon their knees Which whe they had performed the Earle gaue vnto each of them Osculum pacis Besides they were bound by feueral Indentures vpon great paines to bee paide to the Apostolique Chamber not onely to continue loyall subiects but that by a certaine day prefixed they and all their Sword men should clearely relinquish and giue vp vnto the King and his successors all their Landes and possessions which they held in Leinster and taking with them onely their mooueable goods shold serue him in his warres against his other Rebels In consideration whereof the King should giue them pay pensions during their liues and bestow the inheritance of all such lands vpon them as they shoulde recouer from the Rebels in any other part of the Realme And thereupon a pension of eighty Markes per annum was graunted to Art'Mac Murrogh chiefe of the Kauanaghes the enroulement whereof I found in the White Booke of the Exchequer heere And this was the effect of the seruice performed by the Earle Marshall by vertue of his Commission The King in like maner receiued the submissions of the Lords of Vlster namely O Neal O Hanlon Mac Donel
allegiance of al the Nobility Gentry and Cittizens of this kingdom which sernice he performed fully and made an exact returne of his Commission to the King And immediately after that the King sent for all the Lordes of Parliament in this realme who repayring to his presence were first in a Kingly manner reprooued by him for among other things he told them that if their King were still absent frō them they would at length Crowne Apes but at last entertained them and dismissed them graciously This course of clemency hee held at first But after when Perkin warbecke who was set vp and followed chiefely by the Giraldines in Leinster and the Cittizens of Corke in Mounster to suppresse this counterfaite the King sent ouer Sir Edward Poynings with an Army as the Histories call it which did not consist of a thousand men by the Pol and yet it brought such terrour with it as all the Adherents of Perkin warbecke were scattered and retyred for succour into the Irish Countries to the Marches whereof hee marched with his weake forces but eft-soones returned held a Parliament Wherin among many good Lawes one Act was made That no subiect shold make any warre or peace within the Land without the speciall License of the Kings Lieutenant or Deputie A manifest argument that at that time the bordering Warres in this kingdome were made altogether by Voluntaries vpon their own head without any pay or entertainement and without any Order or Commission from the State And though the Lords and Gentlemen of the Pale in the 19. yeare of this Kings raigne ioyned the famous battel of Knocktow in Conaght wherein Mac william with 4000. of the Irish and degenerat English were slaine yet was not this iourny made by warrant from the King or vppon his charge as it is expressed in the Booke of Howth but only vpon a pri◅ quarrell of the Earle of Kildare so loosely were the martiall affaires of Ireland carried during the raigne of King Henry the seuenth IN the time of King Henry the eight the Earle of Surrey Lorde Admirall was made Lieutenant and though he were the greatest Captain of the English Nation the liuing yet broght he with him rather an honorable Guard for his person then a competent armie to recouer Ireland For he had in his retinue 200. tall Yeomen of the Kings Guard But because hee wanted meanes to performe any great action hee made meanes to returne the sooner yet in the meane time he was not ydle but passed the short time he spent heere in holding a Parliament and diuers iournies against the Rebels of Leinster insomuch as he was hurt in his own person vpon the borders of Leix After the reuocation of this honourable personage King Henry the eight sent no forces into Ireland till the rebellion of the Giraldines which hapned in the 27. year of his raigne Then sent he ouer Sir william Skeuington with fiue hundred men onely to quench that fire and not to enlarge the border or to rectifie the Gouernment This Deputy dyed in the midst of the seruice so as the Lord Leonard Gray was sent to finish it who arriuing with a supply of 200. men or thereabouts did so prosecute the Rebels as the Lord Garret their Chiefetaine and his fiue Vnckles submitted them-selues vnto him and were by him transmitted into England But this seruice being ended that actiue Nobleman with his litle army and some ayds of the Pale did oftentimes repell O Neale and O Donel attempting the inuasion of the Ciuill Shires and at last made that prosperous sight at Belahoo on the Confines of Meth the memory whereof is yet famous as that he defeated well-nie all the power of the North so quieted the border for many yeares Hitherto then it is manifest that since the last transfretation of King Richard the second the Crowne of England neuer sent ouer either numbers of men or quantities of treasure sufficient to defend the small Territory of the Pale much lesse to reduce that which was lost or to finish the Conquest of the whole Island After this Sir Anthony S. Leger was made chiefe Gouernor who performed great seruice in a ciuill course as shall be expressed heereafter But Sir Edward Bellingham who succeeded him proceeded in a Martiall course against the Irishry and was the first Deputy from the time of K. Edward the third till the raign of king Edward the sixt that extended the border beyond the limits of the English Pale by beating and breaking the Moores and Connors and building the Forts of Leix and Offaly This seruice he performed with sixe hundered horse the monthly charge whereof did arise to 770. li. And 400. foote whose pay did amount to 446. li. per mensem as apeareth vpon the Treasurers accompt remaining in the Office of the Kinges Remembrauncer in England Yet were not these Countries so fully recouered by this Deputy but that Thomas Earl of Sussex did put the last hand to this worke and rooting out these two rebellious Septs planted English Colonies in their roomes which in all the tumultuous times since haue kept their Habitations their Loyalty and Religion And now are we come to the time of Queene ELIZABETH who sent ouer more men and spent more treasure to saue and reduce the Lande of Ireland then all her progenitors since the Conquest DVring her raign there arose three notorious and maine Rebellions which drewe seuerall armies out of England The first of Shane O Neale the second of Desmond the last of Tyrone for the particular insurrections of the Vicount Baltinglasse and Sir Edmund Butler the Moores the Cauanaghes the Birnes and the Bourkes of Conaght were all suppressed by the standing forces heere To subdue Shane O Neal in the hight of his rebellion in the yeare 1566. Captaine Randal transported a Regiment of 1000. men into Vlster planted a Garrison at Loughfoile Before the comming of which supply viz in the yeare 1565. the List of the standing army of horse and foot English and Irish did not exceed the number of 1200. men as appeareth by the Treasurers accompt of Ireland now remaining in the Exchequer of Eng land With these forces did Sir Henry Sidney then Lord Deputy march into the farthest parts of Tirone and ioyning with Captaine Randal did much distresse but not fully defeate O Neale who was afterwards slain vpon a meere accident by the Scottes and not by the Queenes army TO proseeute the Warres in Munster against Desmond and his Adherents there were transmitted out of England at seuerall times three or four thousand men which together with the standing Carrisons and some other supplies raised heere made at one time an army of six thousand vpwards which with the Vertue and lour of Arthur Lorde Gray and others the Commanders did proue a sufficient power to extinguish that rebellion But that
being doone it was neuer intended that these forces should stand till the rest of the kingdome were setled and reduced onely that army which was brought ouer by the Earle of Essex Lorde Lieutenant and Gouernor generall of this kingdom in the 39. yeare of Queen Elizabeth to suppresse the Rebellion of Tirone which was spred vniuersally ouer the whole Realme That armie I say the command whereof with the gouernment of the Realme was shortly after transferred to the commaund of the Lord Montioy afterwards Earl of Deuonshire who with singular wisedom valour and industry did prosecute finish the Warre did consist of such good men of warre and of such numbers being wel-ny 20000. by the Pol and was so royally supplied and paid and continued in ful strength so long a time as that it brake and absolutely subdued all the Lordes and Chiefetaines of the Irishry and degenerate or rebellious English Whereupon the multitude who euer loued to bee followers of such as could master and defend them admyring the power of the Crownc of England being brai'd as it were in a Morter with the Sword Famine Pestilence altogither submitted themselues to the English gouernment receiued the Lawes and Magistrates and most gladly embraced the Kings pardon and peace in all parts of the Realme with demonstration of ioy and comfort which made indeede an entire perfect and finall Conquest of Ireland And thogh vpon the finishing of the warre this great armie was reduced to lesse numbers yet hath his Maiestie in his wisedome thought it fit stil to maintaine such competent forces heere as the Law may make her progresse Circuit about the Realme vnder the protection of the sword as Virgo the figure of Iustice is by Leo in the Zodiack vntill the people haue perfectly learned the Lesson of Obedience the Conquest bee established in the hearts of all men THus farre haue I endeuoured to make it manifest that from the first aduenture and attempt of the English to subdue and conquer Ireland vntill the last warre with Tyrone which as it was royally vndertaken so it was really prosecuted to the end there hath bin foure maine defects in the carriage of the martiall affayres heere First the armies for the most part were too weake for a Conquest Secondly when they were of a competent strength as in both the iournies of Richard the second they were too soone broken vp and dissolued Thirdly they were ill paide And fourthly they were ill Gouerned which is alwayes a consequent of ill payment BVt why was not this great worke perfourmed before the latter end of Queene Elizabeths raigne considering that many of the Kings her Progenitors were as great Captaines as any in the world and had else-where larger Dominions and Territories First who can tell whither the Diuine Wisedom to abate the glory of those Kings did not reserue this Worke to be done by a Queen that it might rather appeare to be his owne imediate worke And yet for her greater Honor made it the last of her great actions as it were to Crowne al the rest And to the end â—hat a secure peace might settle the Conquest and make it firme and perpetuall to posteritie caused it to bee made in that fulnesse of time when England and Scotland became to be vnited vnder one imperiall Crowne and when the Monarchy of Great Britainy was in league amity with all the worlde Besides the Conquest at this time doth perhaps fulfill that prophesie wherin the four great Prophets of Ireland do concur as it is recorded by Giraldus CambreÌ„sis to this effect That after the first inuasion of the English they shold spend many ages in crebris conflictibus longoque certanime multis coedibus And that Omnes fere Anglici ab Hibernia turbabuntur nihilominus orientalia maritima semper obtinebunt Sed vix paulo anté diem Iuditij plenam Anglorum populo victoriam compromittunt Insula Hibernica de mari vsque ad mare de toto subacta incastellata If S. Patrick and thâ—… did not vtter this prophesy certainly Giraldus is a Prophet who hath reported it To this we may adde the prophesy of Merlin spoken of also by Giraldus Sextus moenia Hiberniae subuertet regiones in Regnum redigentur Which is performed in the time of King Iames the sixt in that all the paces are cleared and places of fastnesse laid open which are the proper Wals Castles of the Irish as they were of the British in the time of Agricola and withal the Irish Countries beeing reduced into Counties make but one entire and vndeuided kingdome But to leaue these high obscure causes the plaine and manifest trueth is that the Kings of England in al ages had bin powerfull enough to make an absolute conquest of Ireland if their whole power had been employed in that enterprize but still there arose sundry occasions which diuided and diâ—…ted their power som other way Let vs therefore take a briefe view of the seuerall impediments which arose in euery Kinges time since the first ouerture of the Conquest whereby they were so employed and busied as they could not intend the finall Conquest of Ireland KIng Henrie the second was no sooner returned out of Ireland but all his foure Sonnes conspired with his enemies rose in Arrnes and moued warre against him both in France and in England This vnnaturall treason of his sons did the King expresse in an Embleme painted in his Chamber at winchester wherein was an Eagle with three Eglets tyring on her brest the fourth pecking at one of her eyes And the troth is these vngracious practises of his sonnes did impeach his iourney to the Holy-Land which he had once vowed vexed him all the dayes of his life and brought his gray haires with sorrow to the graue Besides this king hauing giuen the Lordship of Ireland to Iohn his youngest sonne his ingratitude afterwards made the king carelesse to settle him in the quiet and absolute possession of that kingdome RIchard the first which succeeded Henrie the second in the kingdom of England had lesse reason to bend his power towardes the Conquest of this Land which was giuen in perpetuity to the Lord Iohn his brother And therefore went hee in person to the holy warre by which iourney his captiuity in Austria and the heauy ransome that he paid for his libertie hee was hindred and vtterly disabled to pursue any so great an action as the Conquest of Ireland And after his deliuery and returne hardly was he able to maintaine a frontier warre in Normandy where by hard fortune he lost his life KIng Iohn his Brother had greatest reason to prosecute the Warre of Ireland because the Lordship thereof was the portion of his inheritance giuen vnto him when hee was called Iohn Sans-Terre Therefore hee made two iournies thither one when he was Earle of Morton and very yong about twelue
years of age the other when he was King in the 12. yeare of his raigne In the first his own youth and his youthfull company Roboams Câ—…sellours made him hazard the losse of al that his father had won But in the later he shewed a resolution to recouer the entire Kingdome in taking the submissions of al the Irishry and setling the estates of the English and giuing Order for the building of many Castles and Forts wherof some remaine vntill this day But hee came to the Crowne of England by a defeasible Title so as he was neuer well setled in the hearts of the people which drew him the sooner back out of Ireland into England where shortlie after he fell into such trouble and distresse The Clergy cursing him on the one side and the Barons rebelling against him on the other as hee became so farre vnable to returne to the Conquest of Ireland as besides the forfeiture of the territories in Fraunce hee did in a manner loose both the kingdomes For hee surrendred both to the Pope and tooke them backe againe to hold in Fee-farme which brought him into such hatered at home and such contempt abroad as all his life time after hee was possest rather with feare of loosing his head then with hope of reducing the kingdome of Ireland DVring the infancy of Henry the 3. the Barons were troubled in expelling the French whome they had drawne in against King Iohn But this Prince was no sooner come to his maiority but the Barons raised a long and cruell war against him Into these troubled waters the Bishops of Rome did cast their Nets and drew away all the wealth of the realm by their prouisions and infinite exactions whereby the kingdom was so impouerished as the King was scarse able to feed his owne housholde and traine much lesse to nourish armies for the conquest of forren kingdoms And albeit he had giuen this Land to the Lord Edward his eldest sonne yet could not that woorthy Prince euer finde meanes or opportunity to visit this kingdome in person For from the time he was able to beare armes he serued continually against the Barons by whom hee was taken prisoner at the battell of Lewes And when that rebellion was appeased he made a iourney to the Holy Land an employment which in those daies diuerted all Christian Princes from performing any great actions in Europe froÌ„ whence hee was returned when the Crowne of England descended vpon him THis King Edward the first who was a Prince adorned with all vertues did in the mannaging of his affayres shew himselfe a right good husband who being Owner of a Lordship ill husbanded doth first enclose mannure his demeasnes neere his principall house before he doth improue his wasts a sarre off Therefore he beganne first to establish the Common-wealth of England by making many excellent Lawes and instituting the forme of publique Iustice which remaineth to this day Next hee fullie subdued and reduced the Dominion of Wales then by his power and authoritie hee setled the kingdome of Scotland and lastly he sent a royall armie into Gascoigne to recouer the Dutchy of Aquitaâ—… These foure great actions did take vp all the raign of this Prince And therefore we find not in any Record that this King transmitted any forces into Ireland but on the other side wee finde it recorded both in the Annalles and in the Pipe-Rolles of this kingdom that three seuerall armies were raised of the Kings subiectes in Ireland and transported one into Scotland another into wales and the third into Gascoigne and that seuerall aydes were leuied heere for the setting forth of those armies THe sonne and successor of this excellent Prince was Edward the second who much against his will sent one smal armie into Ireland not with a purpose to finish the Conquest but to guarde the person of his Minion Piers Gaueston who being banished out of England was made Lieutenant of Ireland that so his exile might seem more honourable He was no sooner ariued heere but he made a iourny into the Mountaines of Dublin brake and subdued the Rebels there built New-Castle in the â—irnes Country and repaired Castle keuin after passed vp into Mounster and Thomond performing euerie where great seruice with much Vertue and valour But the King who could not liue without him reuokt him within lesse then a yeare After which time the inuasion of the Scots and rebellion of the Barons did not onely disable this King to bee a Conqueror but depriued him both of his kingdome and life And when the Scottish Nation had ouer-run all this land vnder the conduct of Edward le Bruce who stiled himselfe King of Ireland England was not then able to send either men or mony to saue this Kingdome Onely Roger de Mortimer then Iustice of Ireland arriued at Youghall cum 38. milite saith Friar Cliuu in his Annalles But Bremingham Verdon Stapleton some other priuat Gentlemen rose out with the Commons of Meth and Vriell and at Fagher neere Dondalke a fatall place to the enemies of the Crowne of England ouerthrew a potent army of them Et sic saith the red Booke of the Exchequer wherein the victory was briefely recorded per manus communis populi dextram dei deliberatur populus dei a seruitute machinata praecogitata IN the time of King Edward the third the impediments of the Conquest of Ireland are so notorious as I shal not neede to expresse them to wit the warre which the King had with the Realmes of Scotland and of Fraunce but especially the Warres of Fraunce which were almost continuall for the space of fortie yeares And indeede France was a fairer marke to shoot at then Ireland could better reward the Conqueror Besides it was an inheritance newly discended vpon the King and therfore he had great reason to bend all his power and spend all his time and treasure in the recouery thereof And this is the true cause why Edward the third sent no armie into Ireland till the 36. yeare of his raigne when the Lorde Lionell brought ouer a Regiment of 1500. men as is before expressed which that wise and warlicke Prince did not transmit as a competent power to make a full conquest but as an honorable retinue for his sonne and withall to enable him to recouer some part of his Earledome of Vlster which was then ouer-run with the Irish. But on the other part though the English Colonies were much degenerate in this kings time and had lost a great part of their possessions yet lying at the siedge of Callis hee sent for a supply of men out of Ireland which wer transported vnder the conduct of the Earle of Kildar and Fulco de la Freyn in the yeare 1347. ANd now are we come again to the time of King Richard the second who for the first tenne yeares of his raigne was a Minor and much
called the Crosse wherein the K. made a Sheriffe And so in each of these Counties Palatines there were two Sheriffes One of the Libertie another of the Crosse As in Meth we find a Sheriffe of the Liberty and a Sheriffe of the Crosse And so in Vlster so in wexford And so at this day the Earle of Ormond maketh a Sheriffe of the Liberty and the King a Sheriffe of the Crosse of Tipperary Heereby it is manifest how much the Kinges Iurisdiction was restrained and the power of these Lords enlarged by these High Priuiledges And it doth further appear by one Article among others preferred to King Edward the thirde touching the reformation of the state of Ireland which we finde in the Tower in these words Item les francheses grantes in Irelād que sont Roialles telles come Duresme Cestre vous oustont cybien de les profits Come de graunde partie de Obeisance des persons enfrancheses en quescū franchese est Chancellerie Chequer Conusans de pleas cybien de la Coronne come autres communes grantont auxi Charters de pardon et sont souent per ley et reasonable cause seisses envostre main a grand profit de vous et leigerment restitues per maundemēt hors de Englettere a damage c. Vnto which Article the K. made answer Le Roy voet que les francheses que sont et serront per iuste cause prises en sa main ne soent my restitues auant que le Roy soit certifie de la cause de la prise de icelles 26. Ed. 3. Claus. m. 1. Again these great Vndertakers were not tied to any forme of plantation but all was left to their discretion and pleasure And although they builded Castles and made Free-holders yet were there no tenures or seruices reserued to the Crowne but the Lords drew all the respect and dependancie of the common people vnto Themselues Nowe let vs see what inconueniences did arise by these large and ample Grants of Landes and Liberties to the first Aduenturers in the Conquest ASsuredly by these Grants of whole Prouinces and pettie Kingdomes those few English Lordes pretended to be proprieters of all the Land so as there was no possibility left of setling the Natiues in their possessions and by consequence the Conquest becam impossible without the vtter extirpation of all the Irish which these English Lords were not able to doe nor perhaps willing if they had bin able Notwithstanding because they did still hope to become Lordes of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants and because they did feare that if the Irish were receiued into the Kings protection and made Liege-men and Free-subiectes the state of England woulde establish them in their possessions by Graunts from the Crowne reduce their Countries into Counties ennoble some of them and enfranchise all and make them amesueable to the Lawe which woulde haue abridged and cut off a great part of that greatnesse which they had promised vnto themselues they perswaded the King of England that it was vnfit to Communicate the Lawes of England vnto them that it was the best pollicie to holde them as Aliens and Enemies and to prosecute them with a continuall warre Heereby they obtained another Royal prerogatiue and power which was to make Warre and peace at their pleasure in euery part of the Kingdome Which gaue them an absolute Commaund ouer the Bodies Landes and Goods of the English subiectes heere And besides the Irish inhabiting the Lands fully Conquered and reduced being in condition of slaues and Villaines did render a greater profit and Reuennew then if they had bin made the Kings Free-subiects And for these two causes last expressed they were not willing to root out all the Irishry We may not therfore meruaile that when King Edward the third vpon the petition of the Irish as is before remembred was desirous to be certified De voluntate magnatum suorum in proximo Parliamento in Hibernia tenend si sine alieno praeiudicio cōcederepossit quod per statut inde fact Hibernici vtantur legibus Anglicanis siue chartis Regijs inde Impetrandis that there was neuer any Statute made to that effect For the troth is that those great English Lords did to the vttermost of their power crosse and withstand the enfranchisement of the Irish for the causes before expressed Wherein I must stil cleare and acquit the Crown and State of England of negligence or ill pollicy and lay the fault vppon the Pride Couetousnesse ill Counsell of the English planted heer which in all former ages haue bin the chiefe impediments of the final Conquest of Ireland AGaine those large scopes of Land and great Liberties with the absolute power to make warre and peace did raise the English Lordes to that height of Pride and Ambition as that they could not endure one another but grew to a mortall warre and dissention among themselues as appeareth by all the Records and Stories of this Kingdome First in the yeare 1204. the Lacies of Meth made Warre vpon Sir Iohn Courcy who hauing taken him by treachery sent him prisoner into England In the yeare 1210. King Iohn comming ouer in person expelled the Lacies out of the Kingdome for their tiranny and oppression of the English howbeit vppon payment of great Fines they were afterward restored In the yeare 1228. that family beeing risen to a greater heighth for Hugh de Lacy the yonger was created Earle of Vlster after the death of Courcy without yssue there arose dissention and warre betweene that house and william Marshall Lorde os Leinster whereby all Meth was destroyed and layd wast In the yeare 1264. Sir walter Bourke hauing married the Daughter heire of Lacy whereby he was Earl of Vlster in right of his Wife had mortall debate with Maurice Fitz-Morice the Geraldine for certaine Lands in Conaght So as all Ireland was full of Wars between the Bourkes and the Geraldines say our Annalles Wherein Maurice Fitz-Morice grew so insolent as that vppon a meeting at Thistledermot he took the Lord Iustice himselfe Sir Richard Capell prisoner with diuers Lords of Mounster beeing then in his Company In the yeare 1288. Richard Bourke Earle of Vlster commonly called the Red Earle pretending title to the Lordship of Meth made warre vpon Sir Theobald de Verdun and besiedged him in the Castle of Athloue Againe in the yeare 1292. Iohn Fitz-Thomas the Geraldine hauing by contention with the Lorde Vesci gotten a goodly inheritance in Kildare grew to that heighth of immagination saith the Story as he fell into difference with diuers great Noblemen and among many others with Richard the Red Earle whom he took prisoner and detained him in Castle Ley and by that dissention the English on the one side and the Irish on the other did wast and destroy all the Countrey After in the yeare 1311. the same Red Earle
first hauing bin Generall of the Irish forces not only in this kingdom but in the Wars of Scotland wales and Gascoigne And therefore Maurice Fitz-Thomas of Desmond beeing then the most actiue Nobleman in this realm tooke vpon him the chiefe command in this Warre for the support whereof the Reuennue of this Lande was farre too short and yet no supply of Treasure was sent out of England Then was there no mean to maintain the Army but by Sessing the soldiers vppon the Subiect as the Irish were wont to impose their Bonaught Whereupon grewe that wicked Extortion of Coigne and Liuerie spoken of before which in short time banished the greatest part of the Free-holders out of the County of Kerrie Limerick Corke and waterford Into whose possessions Desmond and his Kinsmen Alies and Followers which were then more Irish then English did enter and appropriate these Lands vnto themselues Desmond himselfe taking what scopes hee best liked for his demesnes in euery Countrey and reseruing an Irish Seigniory out of the rest And heere that I may verifie maintaine by matter of Record that which is before deliuered touching the Nature of this wicked Extortion called Coigne and Liuery and the manifolde mischiefes it did produce I thinke it fit and pertinent to insert the preamble of the Statute of the 10. of Henry 7. c. 4. not printed but recorded in Parlament Rols of Dublin in these words At the request supplication of the Commons of this Land of Ireland that where of long time there hath bin vsed and exacted by the Lords and Gentlemen of this Land many and diuers damnable customes vsages which bin called Coigne and Liuery and Pay that is Horsemeat and Mansmeat for the finding of their Horsemen and Footmen and ouer that 4. d. or 6. d. daily to euery of them to be had and paide of the poore Earth-Tillers and Tenants inhabitants of the saide Land without any thing doing or paying therefore Besides manie Murders Robberies Rapes other manifold extortions oppressions by the saide Horsemen and Footmen dayly and mightily committed done which bin the principall causes of the desolation destruction of the said Land hath brought the same into Ruine and Decay so as the most part of the English Free-holders and Tenants of this land bin departed out thereof some into the Realme of England and other some to other strange Landes whereupon the foresaide Lordes and Gentlemen of this Land haue intruded into the saide Free-holders and Tenants inheritances and the same keepeth and occupieth as their owne inheritances and setten under them in the same Land the Kings Irish Enemies to the diminishing of Holie Churches Rites the disherison of the King his obedient subiects and the vtter ruine and desolation of the Land For reformation whereof be it enacted That the King shall receiue a Subsidie of 26. s. 8. d. out of euerie 120. acres of arrable land manured c. But to return to Tho Fitz-Maurice of Desmond By this extortion of Coigne and Liuery he suddenly grewe from a meane to a mighty estate insomuch as the Baron Finglas in his discourse of the Decay of Ireland affirmeth that his ancient inheritance beeing not one thousand markes yearely he became able to dispend euery way ten thousand pounds per annum These possessions being thus vnlawfully gotten could not bee maintained by the iust and honorable law of England which would haue restored the true Owners to their Land againe And therefore this Greatman found no meanes to continue vphold his ill-purchased greatnesse but by reiecting the English Law Gouernment and assuming in lieu therof the barbarous customs of the Irish. And heereupon followed the defection of those foure shires containing the greatest part of Munster from the obedience of the Law In like manner saith Baron Finglas the Lord of Tipperary perceiuing how well the house of Desmond hadde thriued by Coigne and Liuerie and Other Irish exactions began to holde the like course in the Counties of Tipperary and Kilkenny whereby he got great scopes of Land specially in Ormond and raised many Irish exactions vpon the English Free-holders there which made him so potent absolut among thē as at that time they knew no other Lawe then the will of their Lord. Besides finding that the Earle of Desmond excluded the ordinary Ministers of Iustice vnder colour of a Royall Liberty which he claimed in the Counties of Kerry Corke and waterford by a graunt of King Edward the first as appeareth in a Quo warranto brought against him Anno 1. Edw. 1. the Record wherof remaineth in Breminghams Tower among the common Plea-Rolles there This Lord also in the third of Edward the thirde obtained a Graunt of the like Liberty in the County of Tipperary whereby he got the Lawe into his owne hands shut out the Common Law and Iustice of the Realme And thus we see that all Munster fell away from the English Lawe and Gouernment in the end of King Edward 2. his raigne and in the beginning of the raigne of King Edward the third Againe about the same time viz in the 20. yeare of King Edward the second when the State of England was well-ny ruined by the Rebellion of the Barons and the Gouernment of Ireland vtterly neglected there arose in Leinster one of the Cauanaghes named Donald Mac Art who named himselfe Mac Murrogh King of Leinster and possessed himselfe of the Countie of Catherlogh and of the greatest part of the County of wexford And shortly after Lisagh O Moore called himselfe O Moore tooke 8. Castles in one Euening destroyed Dunamase the principall house of the L. Mortimer in Leix recouered that whole Countrey De seruo Dominus de subiecto princeps effectus saith Friar Clynne in his Annalles Besides the Earle of Kildare imitating his Cosin of Desmond did not omit to make the like vse of Coigne Liuery in Kildare and the West part of Meth which brought the like Barbarisme into those parts And thus a great part of Leinster was lost and fell away from the Obedience of the Crowne neere about the time before expressed Againe in the seauenth yeare of King Edward the third the Lord VVilliam Bourke Earle of Vlster and Lorde of Conaght was treacherously murdered by his owne Squires at Knockefergus leauing behinde him Vnicam vnius annifiliam saith Friar Clynne Immediately vpon the murder committed the Countesse with her yong daughter fledde into England so as the Gouernment of that Countrey was wholly neglected vntil that young Ladie beeing married to Lionell Duke of Clarence that Prince cam ouer with an Army to recouer his wiues inheritance and to reforme this Kingdom Anno 36. of Edward the third But in the meane time what became of that great inheritance both in Vlster Conaght Assuredly in Vlster the Sept of Hugh Boy O Neal then possessing Glaucoukeyn and Killeightra in Tyrone tooke the
residence in this Kingdom but managed their estates heere by their Seneschals and Seruants And to defend their teritories against the bordering Irish they entertained some of the Natiues who pretended a perpetuall Title to those great lordships For the Irish after a thousande Conquests Attainders by our law would in those daies pretend title stil because by the Irish Lawe no man could forfeit his Land These natiues taking the opportunity in weake and desperate times vsurped those Seigniories and so Donald Mac Art Cauanagh being entertained by the Earl of Norfolke made himselfe Lorde of the County of Catherlogh And Lisagh O Moore being trusted by the L. Mortimer who married the Daughter and Heire of the Lord Bruce made himselfe Lord of the Lands in Leix in the latter end of king Edward the seconds raigne as is before declared Againe the decay and losse of Vlster Conaght is attributed to this that the Lorde William Bourke the last Earle of that name died without issue Male whose Ancestors namely the Red-Earle and Sir Hugh de Lacy before him being personally resident helde vp their greatnesse there kept the English in peace and the Irish in aw But when those Prouinces discended vppon an Heire Female and an Infant the Irish ouer-ran Vlster and the yonger branches of the Bourkes vsurped Conaght And therfore the Ordinance made in England the 3. of Richard 2. against such as were absent from their Lands in Ireland and gaue two third parts of the profites thereof vnto the King vntill they returned or placed a sufficient number of men to defend the same was grounded vppon good reason of state which Ordinaunce was put in execution for many yeares after as appeareth by sundry seizures made thereupon in the time of King Richard 2. Henry 4. Henry 5. and Henry 6. whereof there remaine Recordes in the Remembrancers Office heere Among the rest the Duke of Norffolke himselfe was not spared but was impleaded vpon this Ordinance for two parts of the profits of Dorburies Iland and other Landes in the Countie of wexford in the time of K. Heury 6. And afterwards vpon the same reason of State all the Landes of the house of Norfolke of the Earle of Shrewesburie the Lord Barkley and others who hauing Lands in Ireland kept their cōtinuall residence in England were entirely resumed by the Act of Absentees made in the 28. yeare of king Henry the eight But now againe let vs look back and see howe long the effect of that reformation did continue which was begun by Lionel Duke of Clarence in the fortith yeare of K. Edw 3. and what courses haue bin held to reduce and reforme this people by other Lieutenants and Gouernors since that time The English Colonies beeing in some good measure reformed by the Statutes of Kilkenny did not vtterly fal away into Barbarisme againe till the warres of the two Houses had almost destroyed both these Kingdoms for in that miserable time the Irish found opportunity without opposition to banish the English Law and gouernment out of all the Prouinces and to confine it onely to the English Pale Howbeit in the mean time between the Gouernment of the Duke of Clarence and the beginning of those ciuill Warres of Yorke and Lancaster we finde that the State of England did sundry times resolue to proceede in this worke of reformation For first King Richard 2. sent ouer Sir Nicholas Dagworth to suruey the possessions of the Crowne to call to accompt the Officers of the reuennue Next to draw his English Subiects to manure defend their lands in Ireland he made that Ordinance against Absentees spoken of before Again he shewed an excellent example of Iustice vppon Sir Phillip Courtney being his lieutenant of that kingdome when he caused him to bee arrested by special Commissioners vpon complaint made of sundry greeuous oppressions and wrongs which during his Gouernment he had done vnto that people After this the Parliament of England did resolue that Thomas Duke of Glocester the Kings Vnkle should bee employed in the reformation and reducing of that Kingdome the Fame wherof was no sooner bruted in Ireland but all the Irishry were readie to submit them-selues before his comming so much the very Name of a great personage specially of a Prince of the blood did euer preuayle with this people But the King and his Minions who were euer iealous of this Duke of Glocester wold not suffer him to haue the honor of that seruice But the King himselfe thought it a worke worthy of his own presence pains and thereuppon Himselfe in person made those two royall iournies mentioned before At what time he receiued the submissions of all the Irish Lordes and Captaines who bounde themselues both by Indenture oath to become and continue his Loyall Subiects And withall laid a perticular proiect for a ciuill plantation of the Mountains and Maritime Counties betweene Dublin and wexford by remoouing all the Irish Septes from thence as apeareth by the couenants betweene the Earle Marshall of England and those Irish Septs which are before remembred and are yet preserued and remaine of Record in the Kings Remembrancers Office at westminster Lastly this King being present in Ireland tooke speciall care to supply and furnish the Courtes of Iustice with able and sufficient Iudges And to that end hee made that Graue and Learned Iudge Sir william Hankeford Chiefe Iustice of the kings bench heere who afterwards for his seruice in this Realme was made Chiefe Iustice of the Kings Bench in England by K. Henry 4. and did withall associate vnto him william Sturmy a well Learned man in the Law who likewise came out of England with the K. that the legal proceedings which wer out of order too as all other things in that Realme were might be amended and made formall according to the course and Presidents of England But all the good purposes proiects of this King were interrupted and vtterly defeated by his sodaine departure out of Ireland and vnhappy deposition from the Crowne of England HOwbeit King Henrie the fourth intending likewise to prosecute this Noble worke in the third yeare of his raigne made the Lord Thomas of Lancaster his second sonne Lieutenant of Ireland Who came ouer in person and accepted againe the submissions of diuers Irish Lords Captaines as is before remembred and held also a Parliament wherein hee gaue newe life to the Statutes of Kilkenny and made other good Lawes tending to the Reformation of the Kingdome But the troubles raysed against the King his Father in England drew him home again so soon as that seed of reformation tooke no roote at all neither had his seruice in that kinde any good effect or successe After this the State of England had no leisure to thinke of a generall reformation in this Realme till the ciuill dissentions of England were apeased and the peace of that kingdom setled by K.
that the weaker should haue no dependancy vpon the stronger Lastly he preuailed so much with the greatest of them Namely O Neale O Brien and Mac william as that they willingly did passe into England and presented themselus to the king who thereuppon was pleased to aduance them to the degree and honor of Earles to grant vnto them their seuerall Contries by Letters patents Besides that they might learne Obedience and Ciuility of maners by often repairing vnto the State the K. vpon the motion of the same Deputy gaue each of them a house and Lands neere Dublin for the entertainement of their seuerall traines This course did this Gouernour take to reforme the Irishry but withall he did not omit to aduance both the honor and profit of the King For in the Parliament which he helde the 33. of Henry 8. hee caused an Acte to passe which gaue vnto K. Henry 8. his heyres and successors the name stile and Title of King of Ireland whereas before that time the Kings of England were stiled but Lords of Ireland albeit indeed they were absolute Monarks thereof and had in right all Royall Imperial Iurisdiction power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher then the name of Lorde Assuredly the assuming of this title hath not a litle raysed the soueraignty of the K. of England in the minds of this people Lastly this Deputy brought a great augmentation to the Kings Reuenue by dissoluing of all the Monasteries and Religious Houses in Ireland which was done in the same Parliament afterward by procuring Min and Cauendish two skilfull Auditours to bee sent ouer out of England Who tooke an exact suruey of all the possessions of the Crowne and brought manie things into charge which had beene concealed and substracted for manie years before And thus far did Sir Anthony Saint-Leger proceed in the course of Reformation which though it wer a good beginning yet was it far from reducing Ireland to the perfect Obedience of the Crown of England For all this while the Prouinces of Conaght and Vlster and a good parte of Leinster were not reduced to Shire-Ground And though Mounster were anciently diuided into Counties the people were so degenerate as no Iustice of Assise durst execute his Commission amongst them None of the Irish Lords or Tenants were setled in their possessions by any Graunt or Confirmation from the Crowne except the three great Earles before named who notwithstanding did gouern their Tenants and Followers by the Irish or Brehon Law so as no treason murther rape or theft committed in those Countries was inquired of or punisht by the Law of England and consequently no Escheat Forfeiture or Fine no Reuenue certain or casuall did acrew to the Crowne out of those Prouinces The next worthy Gouernor that endeuoured to aduaunce this Reformation was Thomas Earle of Sussex who hauing throughly broken and subdued the two most rebellious and powerful Irish Septs in Leinster namely the Moores O Connors possessing the territories of Leix Offaly did by Act of Parliament 3. 4. Phil. Mariae reduce those Countries into two seuerall Counties naming the one the Kinges and the other the Queenes County which were the first two Counties that had beene made in this Kingdome since the twelfth yeare of King Iohn at what time the Territories thē possessed by the English Colonies were reduced into 12. Shires as is before expressed This Noble Earle hauing thus extended the Iurisdiction of the English Lawe into two Counties more was not satisfied with that addition but took a resolution to diuide all the rest of the Irish Countries vnreduced into seuerall Shires and to that end he caused an Act to passe in the same Parliament authorising the Lord Chancellour from time to time to award Commissions to such persons as the Lord Deputy should nominate and appoint to viewe and perambulate those Irish territories and thereupon to diuide and limit the same into such and so many seuerall Counties as they should thinke meete which beeing certified to the Lord Deputy and approued by him should bee returned and enrolled in the Chancery and from thenceforth be of like force and effect as if it were doone by Act of Parliament Thus did the Earle of Sussex lay open a passage for the Ciuill gouernment into the vnreformed partes of this Kingdome but himselfe proceeded no further then is before declared HOwbeit afterwardes during the raigne of Queen Elizabeth Sir Henry Sidney who hath left behinde him many Monuments of a good Gouernour in this Land did not onely pursue that course which the Earle of Sussex began in reducing the Irish Countries into Shires and placing therein Sheriffes and other Ministers of the Law for first hee made the Annaly a Territory in Leynster possessed by the Sept of Offerralles one entire Shire by it selfe and called it the County of Longford and after that he diuided the whole Prouince of Conaght into sixe Counties more namely Clare which containeth all Thomond Gallaway Sligo Mayo Roscomon and Leytrim But he also had caused diuers good Lawes to be made performed sundry other seruices tending greatly to the reformation of this Kingdome For first to diminish the greatnesse of the Irish Lordes and to take from them the dependancy of the Common people in the Parliament which he held 11. Eliz. Hee did abolish their pretended and vsurped Captain-ships and all exactions and extortions incident thereunto Next to settle their Seigniories possessions in a course of Inheritance according to the course of the Common Law he caused an Act to passe whereby the Lord Deputy was authorised to accept their Surrenders and to re-grant estates vnto them to hold of the Crown by English tenures and seruices Againe because the Inferior sort were loose and poore and not amesnable to the Law hee prouided by another Act that fiue of the best eldest persons of euery Sept should bring in all the idle persons of their sur-name to be iustified by the Law Moreouer to giue a ciuill education to the Youth of this Land in the time to come prouision was made by another Law that there should bee one Free-schoole at least erected in euery Diocesse of the Kingdom And lastly to invre and acquaint the people of Mounster and Conaght with the English Gouernment againe which had not been in vse among them for the space of 200. yeares before hee instituted two Presidency Courtes in those two Prouinces placing Sir Edward Fitton in Conaght and Sir Iohn Perrot in Mounster To augment the Kings Reuennew in the same Parliament vppon the attainder of Shane O Neale hee resumed vested in the Crowne more then halfe the Prouince of Vlster He raised the Customes vpon the principall cōmodities of the Kingdome He reformed the abuses of the Exchequer by many good orders and instructions sent out of England and lastly he
A DISCOVERIE OF THE TRVE CAVses why IRELAND was neuer entirely Subdued nor brought vnder Obedience of the Crowne of ENGLAND vntill the Beginning of his Maiesties happie Raigne Printed for Iohn Iaggard dwelling within Temple Bar at the Signe of the Hand and Star 1612. Dedicated TO THE KING By his MAIESTIES Atturney Generall of IRELAND PRINCIPIS EST VIRTVS MAXIMA NÔSSE SVOS A Discouery of the true causes why IRELAND was neuer entirely subdued and brought vnder Obedience of the Crowne of ENGLAND vntill the beginning of his MAIESTIES happy raigne DVring the time of my Seruice in IRELAND which began in the first yeare of his Maiesties raigne I haue visited all the Prouinces of that Kingdome in sundry iournies and circuits Wherein I haue obserued the good Temperature of the Ayre the Fruittâ—iness of the Soyle the pleasant and commodious seats for habitation the safe and large Ports and Hauens lying open for Trafficke into all the West parts of the world the long Inlets of many Nauigable Riuers and so many great Lakes and fresh Ponds within the Land as the like are not to be seene in any part of Europe the rich Fishings and Wilde Fowle of all kinds and lastly th Bodies and Minds of the people endued with extraordinarie abilities of Nature THe obseruation whereof hath bred in me some curiositie to consider what were the true causes why this Kingdome whereof our Kings of England haue borne the Title of Soueraign Lords for the space of foure hundred and odde yeares a period of time wherein diuers great Monarchies haue risen from Barbarisme to Ciuillitie and fallen againe to ruine was not in all that space of time thoroughly subdued and reduced to Obedience of the Crowne of England although there hath been almost a continuall warre between the English and the Irish and why the maners of the meere Irish are so little altred since the dayes of King Henry the second as appeareth by the description made by Giraldus Cambrensis who liued and wrote in that time albeit there haue bin since that time so many English Colonies planted in Ireland as that if the people were numbered at this day by the Poll such as are descended of English race would bee found more in number then the ancient Natiues AND truly vpon consideration of the conduct and passage of affaires in former times I find that the State of England ought to be cleared of an imputatioÌ„ which a vulgar error hath cast vpon it in one point namely That Ireland long since might haue beene subdued and reduced to Ciuility if some statesmen in policy had not thoght it more fit to continue that Realme in Barbarisme Doubtlesse this vulgar Opinion or report hath no true ground but did first arise either out of Ignorance or out of Malice For it will appeare by that which shal heereafter be laide downe in this Discourse that euer since Our Nation had any footing in this Land the State of England did earnestly desire and did accordingly endeuour from time to time to perfect the Conquest of this kingdom but that in euery age there were found such impediments defects in both Realmes as caused almost an impossibility that thinges should haue bin otherwise then they were THe Defects which hindred the Perfection of the Conquest of Ireland were of two kinds and consisted first in the faint prosecution of the warre and next in the loosenesse of the ciuill Gouernment For the Husbandman must first breake the Land before it bee made capeable of good seede and when it is thoroughly broken and manured if he do not forth with cast good seed into it it will grow wilde againe and beare nothing but Weeds So a barbarous Country must be first broken by a warre before it will be capeable of good Gouernment and when it is fully subdued and conquered if it bee not well planted and gouerned after the Conquest it wil est-soones return to the former Barbarisme TOuching the carriage of the Martiall affaires from the seuenteenth yeare of King Henry the second when the first ouerture was made for the Conquest of Ireland I meane the first after the Norman Conquest of England vntill the nine and thirtith yeare of Queene ELIZABETH when that Royall army was sent ouer to suppresse Tirones Rebellion which made in the end an vniuersall and absolute conquest of all the Irishrie it is most certaine that the English forces sent hither or raised heere from time to time were euer too weake to subdue and master so many warlike Nations or Septs 〈◊〉 the Irish as did possesse this Island and besides their weakenesse they were Ill paide and worse Gouerned And if at any time there came ouer anarmy of competent strength and power it did rather terrifie then breake and subdue this people being euer broken and dissolued by some one accident or other before the perfection of the Conquest FOr that I call a Perfect Conquest of a Country which doth reduce all the people thereof to the Condition of Subiects and those I cal Subiects which are gouerned by the ordinary Lawes and Magistrates of the Soueraigne For though the Prince doth beare the Title of Soueraign Lord of an entire country as our Kings did of all Ireland yet if there bee two third parts of that Countrey wherein he cannot punish Treasons Murders or Thefts vnlesse he send an Army to do it if the Iurisdiction of his ordinary Courts of Iustice doth not extend into those parts to protect the people from wrong oppression if hee haue no certaine Reuennew no Escheats or Forfeytures out of the same I cannot iustly say that such a Countrey is wholly conquered FIrst then that wee may iudge and discerne whether the English forces in Ireland were at any time of sufficient strength to make a full and finall Conquest of that Land let vs see what extraordinary armies haue bin transmitted out of England thither and what ordinarie forces haue beene maintained there and what seruice they haue performed from time to time since the seauenteenth yeare of King Henry the second IN that yeare Mac Murugh Lord of Leinster beeing oppressed by the Lords of Meth and Conaght and expelled out of â—…s Territorie mooued King Henry the second to inuade Ireland and made an ouerture vnto him for the obtaining of the Soueraigne Lordship thereof The King refused to vndertake the Warre himselfe to auoide the charge as King Henrie the seuenth refused to vndertake the discouery of the Indies for the same cause but he gaue license by his Letters Patents that such of his Subiects might passe ouer into Ireland as wold at their owne charge become aduenturers in that enterprize SO as the first attempt to conquer this Kingdome was but an aduenture of a few priuate Gentlemen Fitz-Stephen Fitz-Girald first brake the yce with a party of three hundred ninety men The Earle Strongbow followed them with twelue hundered more whose good successe vpon
the Sea-coasts of Leinster and Mounster drew ouer the King in person the next year after cum quingentis Militihus as Giraldus Cnmbrensis reporteth who was present in Ireland at that time Which if they were but fiue hundered souldiers seemeth too smal a traine for so great a Prince But admit they wer fiue hundred knights yet because in those dayes euery Knight was not a Commaunder of a Regiment or Company but most of them serued as priuate men sometimes a hundered Knightes vnder a Speare as appeareth by the Lists of the ancient armies we cannot coniecture his army to haue beene so great as might suffice to conquer all Ireland being diuided into so many Principalities and hauing so manie Hydraes heads as it had at that time For albeit Tacitus in the life of Agricola doth report that Agricola hauing subdued the greatest part of Great Britaine did signifie to the Senat of Rome that he thought Ireland might also be conquered with one Legion and a few ayds I make no doubt but that if he had attempted the conquest thereof with a farre greater army he would haue found himselfe deceiued in his coniecture For a Barbarous Country is not so easily conquered as a Ciuill where of Caesar had experience in his warres against the Gaules Germaines and Britaines who were subdued to the Roman Empire with farre greater difficulty then the rich kingdoms of Asia And againe a Countrey possessed with many pettie Lordes and States is not so soone brought vnder entirely as an entire Kingdome Gouerned by one Prince or Monarch And therefore the late King of Spaine could sooner win the Kingdome of Portugall then reduce the States of the Low-Countries BVt let vs see the successe of King Henrie the second doubtlesse his expedition was such as he might haue said with Caesar veni vidi vici For vpon his first arriuall his very Presence without drawing his sword preuailed so much as al the petty-Petty-Kings or Great Lords within Leinster Conaght and Mounster submitted themselues vnto him promised to pay him tribute acknowledged him their chiefe and Soueraigne Lord. Besides the better to assure this inconstant Sea-Nimph who was so easily wonne the Pope would needs giue her vnto him with a Ring Coniugio iungam stabili propriamque dicabo But as the Conquest was but slight and superficiall so the Popes Donation and the Irish Submissions were but weake and fickle assurances For as the Pope had no more interrest in this kingdome then He which offered to Christ all the kingdomes of the earth so the Irish pretend That by their Law a Tanist might do no Act that might bind his successor But this was the best assurance hee could get from so many strong Nations of people with so weake a power and yet he was so well pleased with this title of the Lordship of Ireland as he placed it in his Royall Stile before the Dutchies of Normandy Aquitaine And so being aduertised of somestirs raised by his vnnatural sonnes in England within fiue months after his first arriuall hee departed out of Ireland without striking one blow or building one Castle or planting one Garrison among the Irish neither left he behinde him one true subiect more then those he found there at his comming ouer which were onely the English Aduenturers spoken of before who had gained the Port Townes in Leinster and Mounster and possessed some scopes of land thereunto adioyning partly by Strongbowes alliaunce with the Lord of Leinster and partly by plaine inuasion and Conquest And this is that Conquest of King Henry the second so much spoken of by so many Writers which though it were in no other manner then is before expressed yet is the entire Conquest of all Ireland attributed vnto him But the troth is the conquest of Ireland was made peece and peece by slow steppes and degrees and by seuerall attempts in seuerall ages There were sundry reuolutions as well of the English fortunes as of the Irish some-whiles one preuailing somewhiles the other and it was neuer brought to a full period till his Maiesty that now is came to the Crowne As for King Henry the second hee was farre from obtaining that Monarchy Royall and true Soueraignetie which his Maiesty who nowe raigneth hath ouer the Irish. For the Irish Lords did onely promise to become Tributaries to King Henry the second And such as pay onely Tribute though they bee placed by Bodin in the first degree of Subiection are not properlie Subiects but Soueraignes For though they bee lesse and inferiour vnto the Prince to whom they pay Tribute yet they hold all other pointes of Soueraignty and hauing paide their Tribute which they promised to haue their peace they are quit of all other duties as the same Bodin writeth And therefore though King Henry the second had the title of Soueraigne Lorde ouer the Irish yet did he not put those thinges in execution which are the true markes and differences of Soueraignty For to giue Lawes vnto a people to institute Magistrats and Officers ouer them to punish and pardon Malefactors to haue the sole authority of making warre and peace and the like are the true markes of Soueraignetie which King Henry the second had not in the Irish Countreyes but the Irish Lords did still retaine all these prerogatiues to themselues For they gouerned their people by the Brehon Law they made their owne Magistrates and Officers they pardoned and punnished all Malefactours within their seuerall Countries they made warre and peace one with another without controulment and this they did not onely during the raigne of King Henry the second but afterwardes in all times euen vntill the Raigne of Queen Elizabeth And it appeareth what maner of subiects these Irish Lords were by the Concorde made betweene K. Henrie the second and Rodericke ô Connor the Irish King of Conaght in the yeare 1175. which is recorded by Houeden in this forme Hic est finis Concordia inter Dominū regem Angliae Henricū filiū Imperatricis Rodoricum Regem Conactae scilicet quod Rex c. Angliae concessit praedict Roderico Ligeo hominisuo vt sit Rex sub eo paratus ad seruitium suum vt homo suus c. And the Commission whereby King Henry the second made VVilliam Fitz-Adelme his Lieutenant of Ireland hath this direction Archiepiscopis Episcopis Regibus Comitibus Baronibus omnibus fidelibus suis in Hibernia Salutem Whereby it is manifest that hee gaue those Irish Lords the Title and stile of Kinges King Iohn likewise did grant diuers Charters to the King of Conaght which remaine in the Tower of London And afterwards in the time of King Henrie the third wee finde in the Tower a graunt made to the King of Thomond in these words Rex Regi Tosmond salutem Concessimus vobis terram Tosmond quam prius tenuistis per firmam centum triginta marcarum Tenendum de
nobis vsque ad aetatem nostram And in the pipe Rols remaining in Bremighams Tower in the Castle of Dublin vpon sundrie Accompts of the Seneshal of Vlster when that Earledome was in the Kings handes by reason of the minority of the Earle the entry of all such charges as were made vppon Oneale for RentBeeues or for aids towards the maintenance of the Kinges warres are in this forme Oneal Regulus 400 vaccas pro arreragio Reddit Oneal Regulus 100 li de Auxilio Domini Regis ad guerram suam in wasconia sustinendam And in one Rol the 36. of Henry the third Oneale Rex 100 li. de auxilio domini Regis ad guerram suam in VVallia sustinendam Which seemed strange to me that the Kings ciuill Officer should giue him that stile vpon Record vnlesse he meant it in that sense as Maximilian the Emperour did when speaking of his disobedient Subiects The Title saide he of Rex Regum doth more properly belong to mee then to any mortall Prince for all my subiects do liue as Kings they obey me in nothing but do what they list And truely in that sence these Irish Lords might not vnfitly be tearmed Kings But to speake in proper termes wee must say with the Latine Poet Quirexest Regem Maxime non habeat But touching these Irish Kings I will adde this note out of an ancient Manuscript the blacke Booke of Christ-Church in Dublin Isti Reges non fuerunt ordinati solemnitate alicuius ordinis nec vnctionis Sacramento nec iure baereditario vel aliqua proprietatis successione sed vi armis quilibâ—t RegneÌ„ suum obtinuit and therefore they had no iust cause to complaine when a stronger King then themselues became a King and Lord ouer them But let vs returne to our purpose and see the proceeding of the Martiall affaires King Henry the second being returned into England gaue the Lordship of Ireland vnto the Lord Iohn his youngest sonne sur-named before that time Sans Terre And the Pope confirming that guift sent him a Crowne of Pea-cockes feathers as Pope Clement the eight sent the Feather of a Phoenix as he called it to the Traitor Tirone This young Prince the Kings sonne being but twelue years of age with a traine of yong Noblemen and Gentlemen to the number of 300. but not with any maine army came ouer to take possession of his new Patrimony and being arriued at VVaterford diuers Irish Lords who had submitted themselues to his father came to performe the like duty to him But that youthfull company vsing them with scorne because their demeanors were but rude and barbarous they went away much discontented and raised a generall rebellion against him Whereby it was made manifest that the Submission of the Irish Lords and the Donation of the Pope were but slender and weake assurances for a kingdome Heereupon this young Lord was reuoked and Sir Iohn de Courcy sent ouer not with the kings armie but with a company of Voluntaries in number foure hundered or thereabout With these he atempted the conquest of Vlster and in foure or fiue encounters did so beate the Irishry of that Prouince as that he gained the Maritime Coasts thereof from the Boyne to the Bann and thereupon was made Earle of Vlster So as now the English had gotten good footing in all the Prouinces of Ireland In the first three Prouinces of Leinster Mounster and Conaght part by the sword and part by submission and alliance And lastly in Vlster by the inuasion and victories of Sir Iohn de Courcy From this time forward vntill the seuenteenth year of King Iohn which was a space of more then 30. yeares there was no army transmitted out of England to finish the Conquest Howbeit in the meane time the English Aduenturers and Colonies alreadie planted in Ireland did winne much ground vpon the Irish Namely the Earle Strongbow hauing married the Daughter of Mac Murrogh in Leinster the Lacies in Meth the Giraldines and other Aduenturers in Mounster the Audeleyes Gernons Clintons Russels and other Voluntaries of Sir Iohn de Courcies retinue in Vlster and the Bourkes planted by william Fitz-Adelme in Conaght Yet were the English reputed but Part-Owners of Ireland at this time as appeareth by the Commission of the Popes Legate in the time of King Richard the first whereby he had power to exercise his Iurisdiction in Anglia wallia ac illis Hiberniae partibus in quibus Iohannes Moretonii Comes potestatem habet et dominium as it is recorded by Mat. Paris King Iohn in the twelfth year of his raigne came ouer again into Ireland the Stories of that time say With a great army but the certaine numbsrs are not recorded yet it is credible in regard of the troubles where-with this King was distressed in England that this army was not of sufficient strength to make an entire Conquest of Ireland and if it had bin of sufficient strength yet did not the King stay a sufficient time to performe so great an action for he came ouer in Iune returned in Septem the same yeare Howbeit in that time the Irish Lords for the most part submitted theÌ„selues to him as they had done before to his Father which was but a meere mockery imposture For his backe was no sooner turned but they returned to their former rebellion yet this was reputed a second Conquest And so this King giuing order for the building of some Castles vpon the Borders of the English Colonies left behinde him the Bishop of Norwich for the ciuill gouernment of the Lande but he left no standing army to prosecute the conquest onely the English Colonies which were alreadie planted were left to themselues to maintaine what they had got and to gaine more if they could The personall presence of these two great Princes King Henry the second and King Iohn though they performed no great thing with their armies gaue such countenaunce to the English Colonies which encreased dayly by the comming ouer of new voluntaries and aduenturers out of England as that they enlarged their Territories verie much Howbeit after this time the kings of England either because they presumed that the English Colonies were strong enough to roote out the Irish by degrees or else because they were diuerted or disabled otherwise as shall bee declared heereafter neuer sent ouer any Royall armie or anie numbers of men worthy to be called an army into Ireland vntill the thirty six yeare of king Edward the thirde when Lionell Duke of Clarence the kings second sonne hauing married the daughter and heyre of Vlster was sent ouer with an extraordinary power in respect of the time for the warres betwixt England and Fraunce were then in their heate aswell to recouer his Earledome of Vlster which was then ouer-run possest by the Irish as to reforme the English Colonies which were become strangely degenerate throughout the whole kingdome FOr though
king Henry the thirde gaue the whole Land of Ireland to Edward the Prince his eldest son and his heyres Ita quod non Separetur a Cona Angliae Whereupon it was styled the Land of the Lorde Edward the kings eldest sonne and all the Officers of the Land were called the Officers of Edward Lord of IRELAND and though this Edward were one of the most actiue Princes that euer liued in England yet did he not either in the life time of his father or during his own raign come ouer in person or transmit any armie into Ireland but on the other side he drew sundry ayds supplies of men out of Ireland to serue him in his warres in Scotland wales and Gascoigne And again though king Edw the second sent ouer Piers Gaueston with a great retinue it was neuer intended he should perfect the Conquest of Ireland for the K. could not want his company so long a time as must haue beene spent in the finishing of so tedious a worke So then in all that space of time betweene the twelfth yeare of king Iohn and the 36. yeare of king Edward the third containing 150. years or thereabouts although there were a continuall bordering war between the English and the Irish there came no royall army out of England to make an end of the warre But the chiefe Gouernors of the realme who were at first called Custodes Hiberniae and afterwards Lords Iustices and the English Lordes who had gotten so great possessions and Royalties as that they presumed to make warre and peace without direction from the State did leuie all their forces within the land But those forces were weakely supplied and Ill Gouerned as I said before Weakly supplyed with men and Money and gouerned with the worst Discipline that euer was seene among men of warre And no maruell for it is an infallible rule that an army ill paide is euer vnruly and Ill gouerned The standing forces heere were sildome or neuer re-enforced out of England and such as were either sent from thence or raised heer did commonly do more hurt and damage to the English Subiects then to the Irish enemies by their continuall Sesse and Extortion Which mischiefe did arise by reason that little or no Treasure was sent out of England to pay the soldiers wages Onely the Kings reuennew in Ireland was spent and wholy spent in the publicke seruice and therefore in al the ancient Pipe-Rols in the times of Henry the third Edward the first Edward the second Edward the third betweene the Receipts and allowances there is this entrie In Thesauro nihil For the Officers of the State and the Army spent all so as there was no surplusage of Treasure and yet that All was not sufficient For in default of the Kings pay aswell the ordinary forces which stood continually as the extraordinarie which were leuied by the cheefe Gouernor vpon iourneyes and generall hoastings were for the most part laid vpon the poore subiect descended of English race howbeit this burden was in some measure tolerable in the time of King Henry the third and King Edward the first but in the time of King Edward the second Maurice Fitz-Thomas of Desmond beeing chiefe Commander of the army against the Scots began that wicked extortion of Coigne and Liuery and pay that is He his army tooke Horse meate and Manfmeate and money at their pleasure without any Ticket or other fatisfaction And this was after that time the generall fault of all the Gouernours and Commanders of the army in this Lande Onely the Golden saying of Sir Thomas Rookesby who was Iustice in the thirtieth yeare of king Edward the 3. is recorded in all the Annalles of this kingdome That he would eate in wodden dishes but would pay for his Meat Gold Siluer Besides the English Colonies being dispersed in euerie Prouince of this kingdome were enforced to keepe continuall guards vpon the Borders Marches round about them which Guardes consisting of idle souldiers were likewise imposed as a continuall burthen vppon the poore English Free-holders whome they oppressed and impouerished in the same manner And because the great English Lords Captaines had power to impose this charge when and where they pleased manie of the poore Freeholders were glad to giue vnto those Lords a great part of their Lands to hold the rest free from that extortion And many others not being able to endure that intollerable oppression did vtterly quit their freeholds and returned into England By this meane the English Colonies grew poore and weake though the english Lords grew rich and mighty for they placed Irish Tenants vppon the Landes relinquished by the English vpon them they leuied all Irish exactions with them they married and fostered and made Gossips so as within one age the English both Lords and Free-holders became degenerate and meer Irish in their Language in their apparrell in their armes and maner of fight all other Customes oflife whatsoeuer By this it appeareth why the extortion of Coigne and Liuory is called in the old Statutes of Ireland A Damnable custome and the imposing taking thereof made High Treason And it is saide in an ancient discourse Of the Deâ—…y of Ireland that though it were first inuented in Hell yet if it had been vsed and practised there as it hath been in Ireland it had long since destroyed the very kingdome of Belzebub In this manner was the warre of Ireland carried before the comming ouer of Lionel Duke of Clarence This young Prince being Earle of Vlster and Lord of Conaght in right of his wife who was daughter and heire of the Lord VVilliam Bourke the last Earle of Vlster of that family slaine by treachery at Knockfergus was made the Kings Lieutenant of Ireland and sent ouer with an army in the 36. year of King Edward the third The Rol and List of which Army doth remaine of Record in the Kings Remembrauncers Office in England in the presse de Rebust augentibus Hiberniam dooth not containe aboue fifteene hundred men by the Poll which because it differs somewhat from the manner of this age both in respect of the Command and the Entertainment I thinke it not impertinent to take a briefe view thereof The Lord Lionel was Generall and vnder him Raulf earle of Staffora Iames Earle of Ormond Sir Iohn Carew Banneret Sir William winsor other knights were Commanders The entertainment of the Generall vpon his first arriuall was but six shillings eight pence per diem for himselfe for fiue Knights two shillings a peece per diem for 64. Esquires xij d a peece per diem for 70 Archers vj. d. a peece per diem But being shortly after created Duke of Clarence which honor was conferred vpon him beeing heere in Ireland his entertainement was raised to xiij s. iiij d. per diem for himselfe for 8. Knights ij s. a piece per
diem with an encrease of the number of his Archers viz 360 Archers on horsebacke out of Lancashire at vjd a peece per diem and 23. Archers out of Wales at ij d. a peece per diem The earle of Staffords entertainment was for himselfe vi s. viij d. per diem for a Banneret iiij s. per diem for xvij Knights ij s. a peece per diem for 78. esquires xij d. a peece per diem for 100 Archers on horsebacke vj d. a peece per diem Besides he had the command of 24. Archers out of Staffordshire 40. Archers out of worcestershire six Archers out of Shropshire at iiij d. a peece per diem The entertainment of Iames earle of Ormond was for himselfe iiij s. per diem for two Knights ij s. a peece per diem for 27 esquires xij d. a piece per diem for 20 Hoblers armed the Irish Horsemen were so called because they serued on Hobbies vj d. a peece per diem and for 20. Hoblers not armed iiij d. a peece per diem The entertainment of Sir Iohn Carew Banneret was for himselfe iiij s. perdiem for one Knight ij s. per diem for eight squires xij d. a peece per diem for ten Archers on horsebacke vj d. a peece per diem The entertainement of Sir william winsore was for himselfe ij s. per diem for two Knights ij s. a peece per diem for 49. Squiers xij d. a peece per diem for six Archers on horseback vj d. a piece per diem The like entertainment rateably were allowed to diuers Knightes and Gentlemen vpon that List for themselues and their seuerall retinewes whereof some were greater and some lesse as they themselues coulde raise them among their tenants and Followers FOr in ancient times the King himselfe did not leuy his armies by his owne immediate authority or Commission but the Lords and Captaines did by Indenture Couenant with the King to serue him in his Wars with certaine numbers of men for certain wages entertainments which they raised in greater or lesse numbers as they had fauour or power with the people This course hath been changed in later times vpon good reason of State For the Barons and Chiefe Gentlemen of the realme hauing power to vse the Kings prerogatiue in that point became too popular whereby they were enabled to raise forces euen against the Crown it self which since the Statutes made for leuying and mustering of souldiers by the Kings speciall Commission they cannot so easily performe if they should forget their duties THis Lord Lieutenant with this small Army perfourmed no great seruice yet vpon his comming ouer all men who had Land in Ireland were by Proclamation re maunded backe out of England thither and both the Cleargy and Laity of this land gaue two yeares profits of all their Landes and Tithes towards the maintenance of the war heere only he suppressed some Rebels in Low Leinster and recouered the Maritime parts of his erldome of Vlster But his best seruice did consist in the well-gouerning of his army and in holding that famous Parliament at Kilkenny wherein the extortion of the souldier and the degenerat maners of the English briefly spoken of before were discouered and Lawes made to reforme the same which shall bee declared more at large heereafter THe next Lieutenant transmitted with any forces out of England was Sir VVilliam winsore who in the 47 yeare of King Edward the third vndertooke the Custodie not the Conquest of this Land for now the English made rather a Defensiue then an inuasiue war and withal to defray the whol charge of the kingdome for eleauen thousand two hundred thirteene pounds six shillings and eight pence as appeareth by the Indenture betweene him and the King remaining of Record in the Tower of London But it appeareth by that which Froissard reporteth that Sir william winsore was so farre from subduing the Irish as that himselfe reported That he could neuer haue accesse to vnderstande and know their Countries albeit he had spent more time in the seruice of Ireland then any Englishman then liuing ANd heere I may well take occasion to shewe the vanity of that which is reported in the Story of walsingham touching the reuennue of the Crown in Ireland in the time of king Edward the third For he setting forth the State of things there in the time of King Richard the 2. Writeth thus Cum Rex Angliae illustris Edwardus tertius illic posuisset Bancum suum at◠Iudices cum Scaccario percepit inde ad Regalem Fiscum annuatim triginta millia librarum modò propter absentiam ligeorum hostium potentiam nihil inde venit sed Rex per annos singulos de suo Marsupio terrae defensoribus soluit Triginta millia marcarum ad regni sui dedecus et fisci grauissimum detrimentū If this Writer had knowne that the Kings Courts had beene established in Ireland more then a hundred yeares before King Edw. 3. was borne or had seene eyther the Parliament Rols in England or the Records of the Receits and yssues in Ireland he had not left this vaine report to posterity For both the Benches and the Exchequer were erected in the twelfth year of King Iohn And it is recorded in the Parliament Rols of 21 of Edward the third remaining in the Tower that the Commons of England made petition that it might be enquired why the King receiued no benefit of his land of Ireland considering he possessed more there then any of his Ancestors had before him Now if the King at that time when there were no Standing forces maintained there had receiued 30000. pound yearely at his Exchequer in Ireland he must needes haue made profit by that land considering that the whole charge of the kingdome in the 47. yeare of Edward the third when the King did pay an army there did amount to no more then eleuen thousand and two hundred pounds per annum as appeareth by the contract of Sir VVilliam winsore Besides it is manifest by the Pipe-Rolles of that time wherof many are yet preserued in Breminghams Tower and are of better credite then any Monkes story that during the raigne of King Edward the third the reuenew of the Crowne of Ireland both certaine and casuall did not rise vnto 10000. li. per annum though the Medium be taken of the best seauen years that are to bee found in that Kinges time The like Fable hath Hollingshead touching the reuennue of the Earledome of Vlster which saith hee in the time of king Richard the second was thirty thousand Markes by the yeare whereas in truth though the Lordships of Conaght and Meth which were then parcell of the inheritaunce of the Earle of Vlster be added to the accompt the reuennew of that earledome came not to the thirde part of that he writeth For the Accompt of the profits of Vlster
Mac Mahon others who with the like Humility and Ceremony did homage and fealtie to the Kings owne person the words of O Neales homage as they are recorded are not vnfit to be remembered Ego Nelanus Oneal Senior tam pro meipso quā pro filijs mels tota Natione mea Parentelis meis pro omnibus subdit is me is deuenio ' Ligeus homo vester c. And in the Indenture betweene him and the King he is not onely bound to remaine faithfull to the Crowne of England but to restore the Bonaght of Vlster to the Earle of Vlster as of right belonging to that Earledomc vsurped among other things by the Oneales These Indentures and submissions with many other of the same kinde for there was not a Chieftaine or head of an Irish sept but submitted himselfe in one forme or other the King himselfe caused to bee enrolled and testified by a Notary publique deliuered the enroulments with his owne hands to the Byshop of Salisbury then Lord Treasurer of England so as they haue beene preserued and are now to be found in the Office of the Kings Remembrancer there With these humilities they satisfied the young King and by their bowing and bending auoyded the present storme and so brake that Army which was prepared to breake them For the King hauing accepted their submissions receiued them in Osculo pacis feasted them and giuen the honor of Knight-hood to diuers of thē did breake vp and dissolue his armie and returned into England with much honor smal profit saith Froissard For though he had spent a huge masse of Treasure in transporting his army by the countenance whereof he drew on their submissions yet did hee not encrease his reuennew thereby one sterling pound nor enlarged the English borders the bredth of one Acre of Land neither did he extend the Iurisdiction of his Courtes of Justice one foote further then the English Colonies wherein it was vsed and exercised before Besides he was no sooner returned into England but those Irish Lords laide aside their maskes of humility and scorning the weake forces which the King had left behinde him beganne to infest the borders in defence whereof the Lord Roger Mortimer being then the Kings Lieutenant and heire apparent of the Crowne of England was slaine as I saide before Whereupon the king being moued with a iust appetite of reuenge came ouer againe in person in the 22. yeare of his raigne with as potent an armie as he had done before with a ful purpose to make a full Conquest of Ireland he landed at waterford and passing from thence to Dublin through the wast Countries of the Murroghes Kinshelaghes Cauanaghes Birnes and Tooles his great armie was much distressed for want of victuals and carriages so as he performed no memorable thing in that iourney onely in the Cauanaghes Countrey hee cut and cleared the paces and bestowed the honor of Knighthood vpon the Lord Henry the Duke of Lancasters son who was afterwards King Henrie the fifte and so came to Dublin where entring into Counsell how to proceede in the warre he receiued newes out of England of the arriuall of the bannished Duke of Lancaster at Rauenspurgh vsurping the Regall authority and arresting and putting to death his principall Officers This aduertisement suddainely brake off the kings purpose touching the prosecution of the warre in Ireland and transported him into England where shortly after hee ended both his raigne and his life Since whose time vntill the 39. yeare of Q Elizabeth there was neuer any armie sent ouer of a Competent strength or power to subdue the Irish but the warre was made by the English Colonies onely to defend their borders or if any forces were transmitted ouer they were sent only to suppresse the rebellions of such as were descended of English race and not to enlarge our Dominion ouer the Irish. DVring the raigne of king Henrie the fourth the Lorde Thomas of Lancaster the Kings second sonne was Lieutenant of Ireland who for the first eight yeares of that Kings raign made the Lord Scroope and others his Deputies who only defended the Marches with forces leuied within the Land In the eight yeare that Prince came ouer in person with a small retinue So as wanting a sufficient power to attempt or performe any great seruice he returned within seuen moneths after into England Yet during his personall abode there he was hurt in his owne person within one mile of Dublin vpon an incounter with the Irish enemy He tooke the submissions of O Birne of the Mountaines Mac Mahon and O Rely by seuerall Indentures wherin O Birne doth Couenant that the King shall quietly enioy the Mannor of New-Castle Mac Mahon accepteth a State in the Ferny for life rendering ten pound a yeare and O Reley doth promise to performe such duties to the Earle of March and Vlster as were contained in an Indenture dated the 18. of Richard the second IN the time of K. Henry the fift there cam no forces out of England Howbeit the Lord Furniual being the kings Lieutenant made a martial circuit or iourney round about the Marches Borders of the Pale and brought all the Irish to the Kinges peace beginning with the Birnes Tooles and Cauanaghes on the South and so passing to the Moores O Connors and Offerals in the West and ending with the O Relies Mac Mahons O Neales and O Haulons in the North. Hee had power to make them seeke the Kings peace but not power to reduce them to the Obedience of Subiectes yet this was then held so great and worthy a seruice as that the Lords chiefe Gentlemen of the Pale made certificate thereof in French vnto the King being then in France which I haue seen Recorded in the white Booke of the Exchequer at Dublin Howbeit his Armie was so ill paid and gouerned as the English suffered more dammage by the Sesse of his Souldiers for now that Monster Coigne and Liuerie which the Statute of Kilkenny had for a time abolished was risen againe from hell then they gained profit or security by abating the pride of their enemies for a time DVring the minority of King Henry the sixt and for the space of seuen or eight yeares after the Lientenants and Deputies made only a bordering warre vpon the Irish with small and scattered forces howbeit because there came no treasure out of England to pay the Soldier the poore English fubiect did beare the burthen of the men of warre in euery place were thereby so weakned and impouerished as the State of thinges in Ireland stood very desperate Whereupon the Cardinall of winchester who after the death of Humfrey Duke of Glocester did wholly sway the State of England beeing desirous to place the Duke of Somerset in the Regencie of Fraunce tooke occasion to remooue Richard Duke of Yorke from that gouernment and to send him into Ireland
pretending that hee was a most able and willing person to performe seruice there because he had a great inheritance of his owne in Ireland namely the Earledom of Vlster and the Lordships of Conaght Meth by discent from Lionell Duke of Clarence We do not finde that this great Lord came ouer with any numbers of waged souldiers but it appeareth vpon what good termes hee tooke that Gouernment by the Couenants betweene the King and him which are recorded and confirmed by Acte of Parliament in Ireland and were to this effect 1. That he should be the Kings Lieutenant of Ireland for ten yeares 2. That to support the charge of that Countrey he should receiue al the kings reuennewes there both certaine and casual without accompt 3. That he should bee supplyed also with treasure out of England in this maner he should haue four thousand Markes for the first yeare whereof he should bee imprested 2000. li. before hand and for the other nine yeares hee should receiue 2000. li. per annum 4. That hee might Let to Ferme the Kings Landes and place and displace all Officers at his pleasure 5. That he might leuy and wage what numbers of men he thought fit 6. That he might make a Deputy and returne at his pleasure We cannot presume that this Prince kept any great army on foote aswell because his means out of England were so meane and those ill paide as appeareth by his passionate letter written to the Earl of Salisbury his brother in Law the Coppy whereof is Registred in the Story of this time as also because the whole Lande except the English Pale and some part of the Earledome of Vlster vppon the Sea Coasts were possest by the Irish. So as the Reuennew of the Kingdome which he was to receiue did amount to little He kept the Borders Marches of the Pale with much adoo he held many Parliaments wherein sundry Lawes were made for erecting of Castles in Louth Meth and Kildare to stop the incursions of the Irishrie And because the souldiers for want of pay were sessed and laide vppon the subiects against their willes vpon the prayer and importunitie of the Commons this extortion was declared to be High-Treason But to the end that some meanes might be raised to norish some forces for defence of the Pale by another Acte of Parliament euery twenty pound Land was charged with the furnishing and maintenance of one Archer on horsebacke Besides the natiue subiects of Ireland seeing the kingdome vtterly ruined did passe in such numbers into England as one Law was made in England to transmit them backe againe and another Law made heere to stop their passage in euery Port creeke Yet afterwards the greatest partes of the Nobility and Gentry of Meth past ouer into England and were slaine with him at wakefield in Yorkshire Lastly the State of England was so farre from sending an army to subdue the Irish at this time as among the Articles of greeuances exhibited by the Duke of Yorke against K. Henry the sixte this was one That diuers Lords about the King had caused his Highnesse to write Letters vnto some of his Irish enemies whereby they were encouraged to attempt the conquest of the said Land Which Letters the same Irish enemies had sent vnto the Duke maruailing greatlie that such Letters should be sent vnto them speaking therein great shame of the Realme of England After this when this great Lorde was returned into England and making claime to the Crowne beganne the Warre betwixt the two Houses It cannot bee conceiued but that the kingdome fell into a worse and weaker estate WHen Edward the fourth was setled in the kingdome of England he made his Brother George Du. of Clarence Lieutenant of Ireland This Prince was born in the Castle of Dublin during the Gouernment of his father the Duke of Yorke yet did hee neuer passe ouer into this kingdome to gouerne it in person though hee held the Lieutenancie many yeares But it is manifest that King Edward the fourth did not pay any army in Ireland during his raigne but the men of war did pay themselues by taking Coigne and Liuery vppon the Countrey which extortion grew so excessiue and intollerable as the Lord Tiptoft being Deputy to the Duke of Clarence was enforced to execute the Law vppon the greatest Earle in the Kingdome namely Desmond who lost his head at Drogheda for this offence Howbeit that the State might not seeme vtterly to neglect the defence of the Pale there was a fraternity of men at armes called the Brother-hood of S. George erected by Parlament the 14. of Edward the fourth consisting of thirteene the most Noble and woorthy persons within the foure shires Of the first foundation were Thomas Earle of Kildare Sir Rowland Eustace Lord of Port-lester and Sir Robert Eustace for the County of Kildare Robert Lord of Howth the Maior of Dublin and Sir Robert Dowdall for the County of Dublin the Vicount of Gormauston Edward Plunket Seneshall of Meth Alexander Plunket and Barna be Barnewale for the County of Meth the Maior of Drogheda Sir Lawraunce Taaffe and Riehard Bellewe for the Countie of Lowtb These and their successors were to meet yearely vpon S. Georges day and to choose one of themselues to be Captaine of that Brother-hood for the next yeare to come Which Captaine shold haue at his commaund 120. Archers on horsebacke 40. horsemen and forty Pages to suppresse Out-lawes and rebels The Wages of euery Archer should be vj. pence Per diem euery horseman v. d. Per diem and foure Markes Per annum And to pay these entertainments and to maintain this new fraternity there was granted vnto them by the same Act of Parlament a subsidie of Pondage out of all Marchandizes exported or imported thoroughout the Realme hydes and the goods of Free-men of Dublin Drogheda onely excepted These 200. men were al the standing forces that were then maintained in Ireland And as they were Natiues of the kingdom so the kingdom it selfe did pay their wages without expecting any treasure out of England BVt now the warres of Lancaster and Yorke being ended and Henrie the seuenth being in the actuall peaceable possession of the kingdome of England let vs see if this King did send ouer a Competent Armie to make a perfect Conquest of Ireland Assuredly if those two I dolles or counterfets which were set vp against him in the beginning of his raign had not found footing and followers in this Lande King Henrie the seuenth had sent neither horse nor foote hither but let the Pale to the Guard and defence of the fraternitie of Saint George which stood till the tenth year of his raigne And therefore vpon the erection of the first I doll which was Lambert the Priests Boy he transmitted no forces but sent ouer Sir Richard Edgecomb with Commission to take an Oath of
per interfectionem praedict ā cōmittere non potuit quia dicit praedict Rogerus Hibernic est et nō de libero sanguine dicit etiā qd praedict Rogerus fuit de Cognomine de Ohederiscal et non de cognonime de cautetons et de hoc ponit se super patriam c. Et Iurati dicunt super Sacram. suum quod praedictus Rogerus Hibernicus fuit et de cognonime de Ohederiscall pro Hibernico habebatur tota vita sua Ideo praedict Willielmus quoad feloniam praedict quietus Sed quia praedictus Rogerus Ottederiscall suit Hibernicus Domini Regis praedict Willielmus recommittatur Gaolae quovsque plegios inuenerit de quinque marcis soluendis Domino Regi pro solutione praedicti Hiberntci But on the otherside if the Iurie had found that the party slaine had beene of English race and Nation it had bin adiudged fellony as appeareth by a Record of 29. of Edward the first in the Crowne-Office heere Coram Waltero Lenfant et socijs suis Iustitiarijs Itinerantibus apud Drogheda in Comitatu Louth Iohannes Laurens indictat de morte Galfridi Douedal venit non dedicit mortem praedictam sed dicit quod praedict Galfridus fuit Hibernicus et non de libero sanguine et de bono et malo ponit se super patriam c. Et Iurat dicunt super Sacram. suum quod praedict Galfridus Anglicus fuit et ideo praedict Iohannes culpabilis est de morte Galfridi praedict Ideo suspend Catalla 13. s. vnde Hugo de Clinton Vicecom respondet Hence it is that in all the Parliament Rolles which are extant from the fortith yeare of Edward the thirde when the Statutes of Kilkenny were enacted till the raigne of King Henry the eight we finde the degenerat and disobedient English called Rebelles but the Irish which were not in the Kings peace are called Enemies Statute Kilkenny c. 1. 10. and 11. 11. Hen. 4. c. 24. 10. Hen. 6. c. 1. 18. 18. Hen. 6. c. 4. 5. Edw. 4. c. 6. 10. Hen. ◠c. 17. All these Statutes speak of English Rebels and Irish Enemies as if the Irish had neuer bin in condition of Subiectes but alwaies out of the protection of the Law and were indeede in worse cafe then Aliens of any forren Realme that was in amity with the Crowne of England For by diuers heauie paenall Lawes the English were forbidden to marry to foster to make Gossippes with the Irish or to haue anie Trade or commerce in their Markets or Fayres nay there was a Law made no longer since then the 28. yeare of Henrie the eight that the English should not marry with any person of Irish blood though he had gotten a Charter os Denization vnlesse he had done both homage and fealty to the King in the Chancery and were also bound by Recognisaunce with sureties to continue a loyall subiect Whereby it is manifest that such as had the Gouernment of Ireland vnder the Crowne of England did intend to make a perpetuall separation and enmity betweene the English and the Irish pretending no doubt that the English should in the end roote out the Irish which the English not being able to do did cause a perpetuall Warre betweene the nations which continued foure hundered and odde yeares and would haue lasted to the Worlds end if in the end of Queene Elizabeths raigne the Irishry had not beene broken and conquered by the Sword And since the beginning of his Maiesties raigne had not bin protected and gouerned by the Law BVt perhaps the Irishry in former times did wilfully refuse to be subiect to the Lawes of England and would not be partakers of the benefit thereof though the Crowne of England did desire it and therefore they were reputed Aliens Out-lawes and enemies Assuredly the contrarie doth appeare aswel by the Charters of Denization purchased by the Irish in all ages as by a petition preferred by them to the King Anno 2. Edward the third desiring that an Act might passe in Ireland whereby all the Irishrie might be inabled to vse and inioy the Lawes of England without purchasing of particular Denizations Vppon which petition the King directed a speciall Writ to the Lorde Iustice which is found amongst the CloseRolles in the Tower of London in this forme Rex dilecto fideli suo Iohannis Darcile Nepieu Iustic suo Hiberniae Salutem Exparte quorundam hominum de Hibernia nobis extitit supplicatum vt per Statutum inde faciendum concedere velimus quod omnes Hibernici qui voluerint legibus vtatur Anglicanis ita quod necesse non habeant super hoc Chartas alienas à nobis impetrare nos igitur Certiorari volentes si sine alieno praeiudicio praemissis annuere valeamus vobis mandamus quod voluntatem magnatum terr illius in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia perscrutari facias et de eo quod inde inueneritis vna cum Consilio et aduisamento nobis certificetis c. Whereby I collect that the great Lordes of Ireland had informed the King that the Irishry might not be naturalized without damage and preiudice either to them selues or to the Crowne But I am well assured that the Irishrie did desire to bee admitted to the benefit of the Law not onely in this petition exhibited to king Edward the third but by all their submissions made to King Richard the second and to the Lord Thomas of Lancaster before the warres of the two Houses and afterwards to the Lord Leonard Gray Sir Anthony Saint-Leger when K. Henry the eight began to reforme this kingdome In particular the Birnes of the Mountaines in the 34. of Henrie the 8 desire that their Countrey might bee made Shire-ground and called the County of wicklow And in the 23. of Henry the eight O Donnel doth Couenant with Sir VVilliam Skeffington Quod si Dominus Rex velit reformare Hiberniam whereof it should seeme hee made some doubt that hee and his people would gladly bee gouerned by the Lawes of England Onely that vngratefull Traitour Tirone though hee had no colour or shadowe of Title to that great lordship but only by grant from the Crowne and by the Law of England for by the Irish Law he had beene ranked with the meanest of his Sept yet in one of his Capitulations with the State hee required that no Sheriffe might haue iurisdiction within Tirone and consequently that the Lawes of England might not be executed there Which request was neuer before made by O Neale or any other Lorde of the Irishry when they submitted themselues but contrariewise they were humble sutors to haue the benefit and protection of the English Lawes THis then I note as a great defect in the Ciuill policy of this kingdom in that for the space of 350. yeares at least after the Conquest first attempted the English lawes were not communicated to the
Irish nor the benefit and protection therof allowed vnto them though they earnestly desired and sought the same For as long as they were out of the protection of the Lawe so as euery English-man might oppresse spoyle and kill them without controulment howe was it possible they shoulde bee other then Out-Lawes Enemies to the Crown of England If the King woulde not admit them to the condition of Subiects how could they learn to acknoledge and obey him as their Soueraigne When they might not conuerse or Commerce with any Ciuill men nor enter into any Towne or Citty without perrill of their Liues whither should they flye but into the Woods and Mountaines and there liue in a wilde and barbarous maner If the English Magistrates would not rule them by the Law which doth punish Treason and Murder Thest with death but leaue them to be ruled by their owne Lords and Lawes why shoulde they not embrace their owne Brebon Lawe which punnisheth no offence but with a Fine or Ericke If the Irish bee not permitted to purchase estates of Free-holds or Inheritance which might discend to their Children according to the course of our Common Lawe must they not continue their custome of Tanistrie which makes all their possessions vncertaine and brings Confusion Barbarisme and Inciuility In a word if the English woulde neither in peace Gouerne them by the Law nor could in War root them out by the sword must they not needes bee prickes in their eyes and thornes in their sides till the worlds end and so the Conquest neuer bee brought to perfection BVton the other side If from the beginning the Lawes of England had beene established and the Brehon or Irish Law vtterly abolished aswell in the Irish Countries as the English Colonies If there had been no difference made betweene the Nations in point of Iustice and protection but al had beene gouerned by one Equall Iust and Honourable Lawe as Dido speaketh in Virgill Tros Tyriusuè mihi nullo discrimine habetur If vpon the first submission made by the Irish Lordes to King Henry the second Quem in Regem Dominum receperunt saith Matth. Paris or vpon the second submission made to King Iohn when Plusquam viginti Reguli maximo timore perterriti homagium ei fidelitatem fecerunt as the same Author writeth or vppon the third general submission made to King Richard the second when they did not only do homage fealty but bound themselues by Indentures and Oaths as is before expressed to becom and continue loyall subiects to the crown of England If any of these three Kings who came each of them twice in person into this kingdome had vppon these submissions of the Irishry receiued them all both Lords Tenants into their mediate protection deuided their seuerall Countries into Counties made Sheriffes Coroners and Wardens of the peace therein sent Iustices Itinerants halfe yearely into euerie part of the Kingdome aswell to punish Malefactors as to heare and determine causes betweene party and party according to the course of the Lawes of England taken surrenders of their Lands and territories graunted estates vnto them to holde by English Tenures graunted them Markets Fayres and other Franchises and erected Corporate Townes among them all which hath bin performed since his Maiesty came to the Crowne assuredly the Irish Countries had long since beene reformed and reduced to Peace Plenty and Ciuility which are the effects of Lawes and good Gouernment they hadde builded Houses planted Orchards Gardens erected Towne-shippes and made prouision for their posterities there had beene a perfect Vnion betwixt the Nations and consequently a perfect Conquest of Ireland For the Conquest is neuer perfect till the war be at an end and the war is not at an end till there be peace and vnity and there can neuer be vnity Concord in any one Kingdom but where there is but one King one Allegiance and one Law TRue it is that King Iohn made xii shires in Leinster Mounster namely Dublin Kildare Meth Vriel Catherlogh Kilkenny VVexford waterford Corke Limeric Kerrie and Tipperary Yet these Counties did stretch no farther then the Landes of the English Colonies did extend In them only were the English Lawes published and put in Execution and in them only did the Itinerant Iudges make their circuits and yisitations of Iustice and not in the countries possessed by the Irishry which contained two third partes of the Kingdome at least And thâ—…â—…re King Edward the first before the court of Parliament was established in Ireland did transmit the Statures of England in this forme Dominus Rex mandauit Breue suum in haec verba Edwardus Dei gratia Rex Angliae Dominus Hiberniae c. Cancellario suo Hiberniae Salutem Quaedam statutaper nos de assensil Praelatorum ComituÌ„ BaronuÌ„ Communitat regni nostri nuper apud Lincolne quaedam alia statuta postmodum apud Eborum facta quae in dicta terrae nostra Hiberniae ad Communem vtilitateÌ„ populi nostri eiusdem terrae obseruari volumus vobis mittimus sub sigillo nostro mandantes quod statuta illa in dict a Cancellaria nostra Custodiri ac in rotulis eiusdem Cancellariae irrotulari adsingulas place as nostras in terra nostra Hiberniae sing ulos Commitatus eiusdem terrae mittifaciatis ministris nostris placearum illa rum et Vicecomitibus dictorum ComitatuuÌ„ mandantes quod statuta illa coram ipsis publicari ea in omnibus et singulis Articulis suis obseruari firmiter faciatis Teste meipso apud Nottingham c By which Writt and by all the Pipe-Rolles of that time it is manifest that the Lawes of England were published and put in execution onely in the Counties which were then made and limited not in the Irish Countries which were neglected and left wilde and haue but of late yeares bin deuided in one and twenty Counties more Againe true it is that by the Statute of Kilkenny enacted in this kingdome in the fortith yeare of King Edward the thirde the Brehon Law was condemned and abolished and the vse and practise thereof made High-Treason But this Lawe extended to the English onely and not to the Irish For the Lawe is penned in this forme Item Forasmuch as the diuersitie of Gouernment by diuers Lawes in one Land doth make diuersity of ligeance and dehates between the people It is accorded and established that heereafter no Englishman haue debate with another Englishman but according to the course of the Common Law And that no Englishman be ruled in the definition of their debates by the March-Law or the Brehon Law which by reason ought not to bee named a Law but an euill Custome but that they be ruled as right is by the common Lawe of the land as the Lieges of our Soueraigne LORD the King And if any do to the contrary thereof be attainted that he be taken and
according to the examples before recited they had reduced as well the Irish Countries as the English Colonies vnder one forme of ciuil gouernment as now they are the Meres Bounds of the Marches and Borders had beene long since worne out and forgotten for it is not fit as Cambrensis writeth that a King of an Islande should haue any Marches or Borders but the foure Seas both Nations had beene in corporated and vnited Ireland had beene entirely Conquered Planted and Improoued and returned a rich Reuennew to the Crowne of England THE next error in the Ciuill pollicy which hindered the perfection of the Conquest of Ireland did consist in the Distribution of the Landes and possessions which were woonne and conquered from the Irish. For the Scopes of Land which were graunted to the first Aduenturers were too Large and the Liberties and Royalties which they obtained therein were too great for Subiects though it stood with reason that they should be rewarded liberally out of the fruites of their owne Labours since they did Militare proprijs stipendijs and receiued no pay from the Crowne of England Notwithstanding there ensued diuers inconuiences that gaue great impediment to the Conquest FIrst the Earle Strongbow was entituled to the whole Kingdom of Leinster partly by Inuasion and partly by Marriage albeit hee surrendred the same entirely to King Henrie the second his Soueraigne for that with his license hee came ouer and with the Ayde of his Subiects hee had gayned that great inheritance yet did the K. re-grant backe againe to him and his heyres all that Prouince reseruing onely the Citty of Dublin the Cantreds next adioyning with the Maritime Townes and principall Forts Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdome of Corke from Lismore to the Sea To Phillip le Bruce he gaue the whole Kingdome of Limericke with the Donation and Byshopprickes and Abbeyes except the Citie and one Cantred of Land adioyning To Sir Hugh de Lacy all Meth. To Sir Iohn De Courcy all Vlster to william Burke Fitz-Adelm the greatest part of Conaght In like manner Sir Thomas de Clare obtained a graunt of all Thomond and Otho de Grandison of all Tipperary and Robert le Poer of the territory of VVaterford the Citty it selfe and the Cantred of the Oastmen only excepted And thus was all Ireland Cantonized among tenne persons of the English Nation And thogh 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 bee graunted to the Natiues And therefore we do not find in any Record or storie for the space of three hundred yeares after these Aduenturers first ariued in Ireland that any Irish Lorde obtained a grant of his Country from the Crowne but onely the King of Thomond who had a grant but during King Henry the third his Minority and Rotherick O Connor King of Conaght to whom King Henrie the second before this distribution made did graunt as is before declared Vt sit Rex sub eo moreouer Vt teneat terram suam Conactiae it a bene inpace sicut tenuit antequam Dominus Rex intravet Hiberniam And whose successour in the 24. of Henrie the third when the Bourkes had made a strong plantation there had welny expelled him out of his territory he came ouer into England as Matth. Paris writeth and made complaint to King Henrie the third of this inuasion made by the Bourkes vppon his Land insisting vppon the gâ—auntes of King Henrie the second and King Iohn and affirming that he had duely paide an yearely tribute of fiue thousand marks for his Kingdome Whereupon the King called vnto him the Lord Maurice Fitz-Girald who was then Lorde Iustice of Ireland and President in the Court and commanded him that he should roote out that vniust plantation which Hubert Earle of Kent had in the time of his greatnesse planted in those parts and wrote withall to the greatmen of Ireland to remooue the Bourkes and to establish the King of Conaght in the quiet possession of his Kingdome Howbeit I doe not read that the King of Englands commandement or direction in this behalfe was euer put in execution For the troth is Richard de Burgo had obtained a graunt of all Conaght after the death of the King of Conaght then liuing For which he gaue a thousand pounde as the Record in the Tower reciteth the third of Henry 3. claus 2. And besides our great English Lords coulde not endure that any Kings should raigne in Ireland but themselues nay they could hardly endure that the Crown of England it selfe should haue any Iurisdiction or power ouer them For many of these Lordes to whome our Kings had granted these petty kingdomes did by Vertue and colour of these Grants claime and exercise Iura Regalia within their Territories insomuch as there were no lesse theÌ„ eight Counties Palatines in Ireland at one time For VVilliam Marshall Earle of Pembroke who married the daughter and heyre of Strongbow being Lord of all Leynster had Royall Iurisdiction thoroughout al that Prouince This great Lord had fiue sonnes and fiue daughters euery of his sonnes enioyed that Seigniory successiuely and yet al died without Issue Then this great Lordship was broken and diuided pertition made betweene the fiue daughters who were married into the Noblest Houses of England The Countie of Catherlogh was allotted to the eldest VVexford to the second Kilkenny to the third Kildare to the fourth the greatest part of Leix nowe called the Queenes County to the fift In euery of these portions the Coparceners seuerally exercised the same Iurisdiction Royall which the Earle Marshall and his Sonnes had vsed in the whole Prouince Whereby it came to passe that there were fiue County Palatines erected in Leinster Then had the Lord of Meth the same Royall libertie in all that Territory the Earle of Vlster in all that Prouince and the Lorde of Desmond and Kerry within that County All these appeare vppon Record and were all as ancient as the time of King Iohn onely the liberty of Tipperarie which is the onely Liberty that remaineth at this day was granted to Iames Butler the first Earle of Ormond in the third yeare of King Edward the third These absolute Palatines made Barons Knights did exercise high Iustice in all points within their Territories erected Courts for Criminall and ciuill Causes and for their owne Reuennews in the same forme as the Kings Courts wer established at Dub lin made their own Iudges Seneshals Sheriffes Corroners and Escheators so as the Kinges Writt did not run in those Counties which took vp more then two partes of the English Colonies but onely in the Church Lands lying within the same which were
Aduenturers so they left the prosecution thereof to them other voluntaries who came to seeke their fortunes in Ireland wherein if they could preuayle they thought that in reason honor they could doe no lesse then make them proprieters of such scopes of Land as they could conquer people plant at their owne charge reseruing only the Soueraigne Lordshippe to the Crowne of England But if the Lyon had gone to hunt himselfe the shares of the Inferiour Beastes had not beene so great If the inuasion had been made by an army transmitted furnished supplyed only at the kings charges wholy paid with the Kings Treasure as the Armies of Queene ELIZABETH and King Iames haue been as the conquest had beene sooner atchiued so the seruitors had beene contented with lesser proportions For when Scipio Pompey Caesar and other Generals of the Roman Armies as Subiectes and Seruants of that State and with the publicke Charge had conquered many Kingdomes Commonweales wee finde them rewarded with Honorable Offices and Triumphes at their returne and not made Lords and proprieters of whol Prouinces and Kingdoms which they had subdued to the Empire of Rome Likewise when the Duke of Normandy had conquered England which he made his owne work and performed it in his owne person hee distributed sundry Lordships and Mannors vnto his followers but gaue not away whole Shires and Countreyes in demesne to any of his seruitors whom he most desired to aduance Only he made Hugh Lupus County Palatine of Chester and gaue that Earledome to him and his heyres to hold the same It a liberè ad gladium sicut Rex tenebat Angliam ad Coronam Whereby that Earledome indeed had a royal Iurisdiction and Seigniory though the Landes of that Countie in demesne were possessed for the most part by the auncient Inheritors Again from the time of the Norman Conquest till the raigne of King Edward the first many of our English Lords made warre vpon the Welshmen at their owne charge the lands which they gained they held to their owne vse were called Lords Marchers and had Royal Liberties within their Lordshippes Howbeit these particular Aduenturers could neuer make a perfect 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 owne hee finished that worke in a yeare or two whereof the Lords Marchers had not performed a third part with their continuall bordering warre for two hundred years before And withall we may obserue that though this King had nowe the Dominion of Wales in Iure propriet atis as the Statute of Rutland affirmeth which before was subiect vnto him but in Iure feodali And though he had lost diuers principall Knights Noblemen in that Warre yet did he not reward his seruitors with whol Countries or Counties but with particular Mannors and Lordships as to Henrie Lacy Earle of Lincolne hee gaue the Lordship of Denbigh and to Reignold Gray the Lordship of Ruthen and so to others And if the like course had beene vsed in the winning and distributing of the Landes of Ireland that Island had beene fully conquered before the continent of wales had beene reduced But the troth is when Priuate men attempt the Conquest of Countries at their own charge commonly their enterprizes doe perrish without successe as when in the time of Queene Elizabeth Sir Thomas Smith vndertooke to recouer the Ardes and Chatterton to reconquer then Fues and Orier The one lost his Sonne and the other Himselfe and both their Aduentures came to nothing And as for the Crowne of England it hath had the like fortune in the Conquest of this Land as some purchasers haue who desire to buy Land at too easie a Rate they finde those cheap purchases so full of trouble as they spende twice as much as the Land is woorth before they get the quiet possession thereof And as the best pollicy was not obserued in the distribution of the conquered Lands so as I conceyue that the first Aduenturers intending to make a full Conquest of the Irish were deceiued in the choyse of the Fittest places for their plantation For they sate downe and erected their Castles and Habitations in the Plaines open Countries wher they found most fruitfull and profitable Lands and turned the Irish into the VVoods Mountains Which as they were proper places for Out-Lawes and Theeues so were they their Naturall Castles and Fortifications thither they draue their preyes and stealths there they lurkt and lay in waite to doe mischiefe These fast-places they kept vnknowne by making the wayes and Entries thereunto impassable there they kept their Creaghts or Heardes of Cattle liuing by the Milke of the Cowe without Husbandry or Tillage there they encreased and multiplied vnto infinite numbers by promiscuous generation among themselues there they made their Assemblies and Conspiracies without discouery But they discouered the weaknes of the English dwelling in the open plaines and thereupon made their sallies and retraites with great aduantage Whereas on the other side if the English had builded their Castles and Towns in those places of fastnesse and had driuen the Irish into the Plaines and open Countries where they might haue had an eye and obseruation vpon thē the Irish had beene easily kept in Order and in short time reclaimed from their wildnesse there they woulde haue vsed Tillage dwelt together in Towne-ships learned Mechanicall Arts Sciences The woods had bin wasted with the English Habitations as they are about the Forts of Mariborough and Phillipston which were built in the fastest places in Leinster and the wayes and passages throughout Ireland would haue boene as cleare and open as they are in England at this day A Gaine if King Henry the second who is said to be the K. that Conquered this Land had made Forrests in Ireland as he did enlarge the Forrests in England for it appeareth by Charta de Foresta that hee afforrested many woods and wasts to the Greeuance of the Subiect which by that Lawe were disaforrested or if those English Lordes amongst whom the whole Kingdome was deuided had beene good Hunters and had reduced the Mountaines Bogges and woods within the limits of Forrests Chases and Parkes assuredly the very Forrest Law and the Law de Malefactoribus in parcis would in time haue driuen them into the Plains Countries inhabited and mannured and haue made them yeeld vppe their fast places to those wilde Beastes which were indeede lesse hurtfull and wilde then they But it seemeth straunge to mee that in all the Recordes of this Kingdome I seldome find any mention made of a Forrest neuer of anie Parke or Free-warren considering the great plenty both of Vert and Venison within this Land and that the cheefe of the Nobility and Gentry are discended of English race and yet at this day there is
but one Parke stored with Deere in al this kingdom which is a Parke of the Earle of Ormonds neer Kilkenny It is then manifest by that which is before expressed that the not communicating of the English lawes to the Irish the ouer-large Grants of Lands and Liberties to the English the plantation made by the English in the Plaines and open Countreyes leauing the Woods and Mountaines to the Irish were great Defects in the Ciuill pollicy and hindered the perfection of the Conquest verie much Howbeit notwithstanding these Defects and Errours the English Colonies stood and maintained themselus in a reasonable good estate as long as they retained their owne auncient Lawes and Customes according to that of Ennius Moribus antiquis res stat Romana virisque But when the ciuil Gouernment grew so weake so loose as that the English Lords would not suffer the English Lawes to be put in execution within their Territories Seigniories but in place therof both they and their people embraced the Irish Customes Then the estate of things like a Game at Irish was so turned about as the English which hoped to make a perfect Conquest of the Irish were by them perfectly and absolutely conquered because Victi victoribus leges dedere A iust punnishment to our Nation that wold not giue Lawes to the Irish when they might and therefore nowe the Irish gaue Lawes to them Therefore this Defect and failing of the English Iustice in the English Colonies and the inducing of the Irish Customes in lieu thereof was the maine impediment that did arrest and stoppe the course of the Conquest and was the only meane that enabled the Irishrie to recouer their strength againe FOr if wee consider the Nature of the Irish Customes wee shall finde that the people which doth vse them must of necessitie bee Rebelles to all good Gouernment destroy the commonwealth wherein they liue and bring Barbarisme and desolation vpon the richest and most fruitfull Land of the world For whereas by the iust and Honourable Law of England by the Lawes of all other well-gouerned Kingdomes and Commonweals Murder Man-slaughter Rape Robbery and Theft are punnished with death By the Irish Custome or Brehon Law the highest of these offences was punished onely by Fine which they called an Ericke Therfore when Sir VVilliam Fitz-williams being Lord Deputy told Maguyre that hee was to send a Sheriffe into Fermaunagh being lately before made a County your Sheriffe saide Maguyre shall be welcome to me but let me knowe his Ericke or the price of his head afore hand that if my people cut it off I may cut the Ericke vpon the Countrey As for Oppression Extortion other trespasses the weaker had neuer anie remedy against the stronger whereby it came to passe that no man coulde enioy his Life his Wife his Lands or Goodes in safety if a mightier man then himselfe had an appetite to take the same from him Wherein they were little better then Canniballes who doe hunt one another and hee that hath most strength and swiftnes doth eate and deuoure all his fellowes Againe in England and all well ordered Common-weales men haue certaine estates in their Lands possessions and their inheritances discend from Father to Son which doth giue them encouragement to builde and to plant and to improoue their Landes and to make them better for their posterities But by the Irish Custome of Tanistry the Cheefetanes of euery Countrey and the chiefe of euery Sept had no longer estate then for life in their Cheeferies the inheritance whereof did rest in no man And these Cheeferies though they had some portions of Lande allotted vnto them did consist chiefely in cuttings and Cosheries and other Irish exactions whereby they did spoyle and impouerish the people at their pleasure And when their Chieftanes were dead their sonnes or next heires did not succeede them but their Tanistes who were Electiue and purchased their elections by strong hande And by the Irish Custome of Gauell-kinde the inferiour Tennanties were partible amongst all the Males of the Sept both Bastards and Legittimate and after partition made if any one of the Sept had died his portion was not diuided among his Sonnes but the cheefe of the sept made a new partition of all the Lands belonging to that Sept and gaue euerie one his part according to his antiquity THese two Irish Customes made all their possessions vncertain being shuffled and changed and remoued so often from one to another by new elections and partitions which vncertainty of estates hath bin the true cause of such Desolation Barbarism in this land as the like was neuer seen in any Countrey that professed the name of Christ. For though the Irishry be a Nation of great Antiquity and wanted neither wit nor valour and though they had receiued the Christian Faith aboue 1200. yeares since and were Louers of Musicke Poetry and all kinde of learning and possessed a Land abounding with all thinges necessary for the Ciuill life of man yet which is strange to bee related they did neuer builde any houses of Bricke or stone some few poor Religious Houses excepted before the raigne of King Henrie the second though they wer Lords of this Island for many hundred yeares before and since the Conquest attempted by the English Albeit when they sawe vs builde Castles vppon their borders they haue only in imitation of vs erected some few piles for the Captaines of the Country yet I dare boldly say that neuer any perticuler person eyther before or since did builde anie stone or bricke house for his priuate Habitation but such as haue latelie obtained estates according to the course of the Law of England Neither did any of them in all this time plant any Gardens or Orchards Inclose or improue their Lands liue together in setled Villages or Townes nor made any prouision for posterity which being against all common sense and reason must needes bee imputed to those vnreasonable Customes which made their estates so vncertaine and transitory in their possessions For who would plant or improoue or build vppon that Land which a stranger whom he knew not should possesse after his death For that as Salomon noteth is one of the strangest Vanities vnder the Sunne And this is the true reason why Vlster and all the Irish Countries are found so wast and desolate at this day and so wold they continue till the worlds end if these Customes were not abolished by the Law of England Againe that Irish Custom of Gauel-kinde did breede another mischiefe for thereby euery man being borne to Land aswell Bastard as Legitimate they al held thēselues to be Gentlemen And though their portions were neuer so small and them-selues neuer so poor For Gauelkind must needs in the end make a poore Gentility yet did they scorne to discend to Husbandry or Marchandize or to learn any Mechanicall Art or Science And this is the true
opportunity and passing ouer the Banne did first expell the English out of the Barony of Tuscard which is nowe called the Rout and likewise out of the Glynnes and other Lands vp as farre as Knockfergus which Countrey or extent of Lande is at this day called the lower Clan Hugh-Boy And shortly after that they came vp into the great Ardes which the Latine writers call Altitudines Vltoniae and was then the inheritaunce of the Sauages by whom they were valiantly resisted for diuers yeares but at last for want of Castles and fortifications for the saying of Henrie Sauage mentioned in euery Story is very memorable That a Castle of Bones was better then a Castle of Stones the English were ouer-run by the multitude of the Irishry So as about the thirtith of K. Edw. 3. some few yeares before the arriuall of the Duke of Clarence the Sauages were vtterly driuen out of the Great Ardes into a little nooke of land neer the Riuer of Strangford where they now possesse a little Territory called the little Ards and their greater patrimony tooke the name of the vpper Clan Hugh-Boy from the Sept of Hugh-Boy O Neale who became Inuaders thereof FOr Conaght some yonger branches of the Family of the Bourkes being planted there by the Red-Earle his Ancestors seeing their Chiefe to bee cut off and dead without Heire-male and no man left to gouern or protect that Prouince intruded presently into all the Earles Lands which ought to haue bin seized into the kings handes by reason of the minoritie of the heire And within a short space two of the most potent among them diuided that great Seigniory betwixt thē the one taking the name of Mac william Oughter and the other of Mac william Fighter as if the Lord william Bourk the last Earle of Vlster had lefte two sonnes of one name behinde him to inherit that Lordship in course of Gauelkinde But they well knewe that they were but Intruders vppon the Kings possession during the minority of the heire they knew those lands were the rightfull inheritance of that young Lady and consequently that the Law of England woulde speedily euict them out of their possession therefore they held it the best policy to cast off the yoake of English Law and to become meere Irish and according to their example drew al the rest of the English in that Prouince to do the like so as from thenceforth they suffered their possessions to run in course of Tanistry and Gauel-kinde They changed their names language and apparrell and all their ciuil manners and Customes of liuing Lastly about the 25. yeare of King Edward the third Sir Richard de Clarè was slaine in Thomond and al the English Colonies there vtterly supplanted Thus in that space of time which was betweene the tenth yeare of king Edward the second and the 30. yeare of King Edward the third I speak within compasse by the concurrence of the mischieses before recited all the old English Colonies in Munster Conaght and Vlster more then a third part of Leinster became degenerat fell away from the Crowne of England so as onely the foure Shyres of the English Pale remained vnder the Obedience of the Lawe and yet the Borders and Marches thereof were growne vnruly and out of order too being subiect to Blacke-Rents and Tribute of the Irish which was a greater defection then when tenne of twelue Tribes departed and fell away from the Kings of Iuda But was not the State of England sensible of this losse and dishonour Did they not endeuor to recouer the Land that was lost and to reduce the subiects to their Obedience Truely King Edward the second by the incursions of the Scottish Nation and by the insurrection of his Barons who raised his wife and his Sonne against him and in the end deposed him was diuerted and vtterly disabled to reforme the disorders of Ireland But assoone as the crown of England was transferred to K. Edw. 3. though hee were yet in his minority the State there beganne to looke into the desperate estate of thinges heere And finding such a general defection Letters were sent from the King to the great men and Prelates requiring them particularly to swear fealty to the Crowne of England Shortly after Sir Anthony Lucie a person of great authority in England in those daies was sent ouer to work a reformation in this Kingdome by a seuere course and to that ende the King wrote expresly to the Earle of Vlster and others of the Nobilitie to assist him as is before remembered presently vpon his arriual he arrested Maurice Fitz-Thomas Earle of Desmond and Sir william Bremingham and committed them prisoners to the Castle of Dublin where Sir william Bremingham was executed for treason though the Earle of Desmond were left to Mainprize vpon condition hee should appeare before the King by a certain day and in the meane time to continue loyall AFter this the King being aduertised that the ouer-large Graunts of Lands and Liberties made to the Lords of English Bloude in Ireland made them so insolent as they scorned to obey the Law and the Magistrate did absolutely resume all such Crants as is before declared But the Earle of Desmond aboue al men found himselfe grieued with this resumption or Repeale of Liberties and declared his dislike discontentment insomuch as he did not only refuse to come to a Parliament at Dublin summoned by Sir william Morris Deputie to the L. Iohn Darcy the kings Lieutenant But as we haue said before he raised such dissention betweene the English of bloud and the English of birth as the like was neuer seen from the time of the first planting of our Nation in Ireland And in this factious and seditious humour hee drewe the Earle of Kildare and the rest of the nobility with the Cittizens and Burgesses of the principall Townes to hold a seuerall Parliament by themselues at Kilkenny where they framed certaine Articles against the Deputy transmitted the same into England to the King Heereupon Sir Raphe Vfford who had lately before married the Countesse of Vlster a man of courage and seuerity was made Lord Iustice who forth with calling a Parliament sent a speciall commandement to the Earle of Desmond to appeare in that great Councel but the Earle wilfully refused to come Whereupon the Lord Iustice raised the Kings Standard and marching with an Army into Munster seized into the Kings handes all the possessions of the Earle took and executed his principall followers Sir Eustace le Poer Sir william Graunt Sir Iohn Cotterell enforced the Earle himselfe to flye and lurke till 26. Noblemen and Knights became Mainpernors for his appearance at a certaine day prefixed But he making default the second time the vttermost aduantage was taken against his sureties Besides at the same time this Lord Iustice caused the Earle
had reiected the English Lawes and submitted themselus to the Irish with whom they had many Mariages and Alliances which tended to the vtter ruine destruction of the commonwealth Therefore alliaunce by Marriage Nurture of Infants and Gossipred with the Irish are by this Statute made High-treason Againe if anie man of English race should vse an Irish Name Irish Language or Irish Apparrell or any other guise or fashion of the Irish if he had Lands or Tenements the same should be seized til he had giuen security to the Chancery to conform himself in al points to the English maner of liuing And if he had no Lands his bodie was to be taken and imprisoned til he found Sureties as aforesaide Againe it was established and commanded that the English in all their Controuersies should bee ruled and gouerned by the common Lawe of England and if any did submit himselfe to the Brehon Law or March law he should be adiudged a Traitor Againe because the English at that time made warre and peace with the bordering enemy at their pleasure they were expresly prohibited to leauie warre vpon the Irish without speciall warrant and direction from the State Againe it was made paenall to the English to permit the Irish to Creaght or graze vpon their Landes to present them to Ecclesiasticall Benefices to receiue them into any Monasteries or Religious Houses or to entertaine any of their Minstrels Rimers or Newes-tellers to impose or sesse any Horse or Footvppon the English Subiects against their willes was made felony And because the great Liberties or Franchises spoken of before were become Sanctuaries for all Malefactours expresse power was giuen to the Kinges Sheriffes to enter into all franchises and there to apprehend all Fellons and Traitours And lastly because the great Lordes when they leuied forces for the publick seruice did lay vnequall burdens vpon the Gentlemen and Free-holders it was ordained that foure Wardens of the peace in euery Countie should set downe and appoint what men and Armour euery man should beare according to his Free-hold or other ability of estate THese and other Lawes tending to a generall reformation were enacted in that Parliament And the Execution of these Lawes together with the Presence of the Kings Son made a notable alteration in the State and Manners of this people within the space of seauen yeares which was the tearme of this Princes Lieutenancy For all the Discourses that I haue seene of the Decay of Ireland doe agree in this that the presence of the Lord Lionel and these Statutes of Kilkenny did restore the English gouern ment in the degenerate Colonies for diuers yeares And the Statute of the tenth of Henry the seuenth which reuiueth and confirmeth the Statutes of Kilkenny doth confirme as much For it declareth that as long as these Lawes were put in vve and execution this Lande continued in prosperity and honor and since they were not executed the Subiectes rebelled and digressed from their allegeance and the Land fell to ruine and desolation And withall wee finde the effect of these Lawes in the Pipe-Rolles and Plea-Rolles of this Kingdome For from the 36. of Edward 3. when this Prince entred into his Gouernment till the beginning of Richard the second his Raigne we find the Reuennue of the Crowne both certaine and casuall in Vlster Munster and Conaght accounted for and that the Kings Writ did run and the Common-Law was executed in euery of these Prouinces I ioyne with these Lawes the personall presence of the Kinges Son as a concurrent cause of this Reformation Because the people of this Land both English Irish out of a naturall pride did euer loue desire to be gouerned by great persons And therefore I may heere iustly take occasion to note that first the absence of the Kings of England and nexte the absence of those great Lords who were inheritors of those mighty Seigniories of Leinster Vlster Conaght and Meth haue bin maine causes why this kingdome was not reduced in so many ages TOuching the absence of our Kinges three of them onely since the Norman Conquest haue made royall iournies into this Land namely K. Henrie the second King Iobn and king Richard the second And yet they no sooner arriued heere but that all the Irishry as if they had bin but one man submitted them-selues tooke Oaths of fidelity and gaue pledges hostages to continue loyall And if any of those Kings hadde continued heere in person a competent time till they had setled both English Irish in their seuerall possessions and had set the Law in a due course throughout the Kingdom these times wherein we liue had not gained the honor of the finall Conquest and reducing of Ireland For the King saith Salomon dissipat omne malum intuitu suo But when Moses was absent in the Mount the people committed Idolatry when there was no king in Israel euery man did what seemed best in his own eies And therfore when Alexander had conquered the East part of the world and demaunded of one what was the fitest place for the seat of his Empire he brought and laid a dry hide before him and desired him to set his foote on the one side thereof which being done all the other parts of the Hide did rise vp but when he did set his foot in the middle of the Hide all the other parts lay flat and euen Which was a liuely demonstration that if a Prince keep his residence in the Border of his Dominions the remoate parts will eafily rise and rebell against him but if he make the Center therof his seat he shall easily keepe them in peace and obedience TOuching the absence of the great Lords All Writers doe impute the decay and losse of Leinster to the absence of these English Lords who maried the fiue Daughters of william Marshall Earle of Pembroke to whom that great Seigniory discended when his fiue sonnes who inherited the same successiuely and during their times held the same in peace obedience to the Law of England were all dead without Issue which hapned about the fortith yeare of King Henrie the third for the eldest beeing married to Hugh Bigot Earle of Norfolke who in right of his wife had the Marshalship of England The second to VVarren de Mountchensey whose sole daughter and heire was matcht to william de Valentia halfe Brother to K. Henrie 3. who by that match was made Earle of Pembroke The third to Gilbert de Clare earl of Glocester The fourth to william Ferrers Earle of Darby The fift to william de Bruce Lord of Brecknocke These great Lordes hauing greater inheritances in their owne right in England then they hadde in Ireland in right of their Wiues and yet each of the Coparceners had an entire Countie allotted for her purparty as is before declared could not bee drawne to make their personal
Henry 7. For albeit in the time of King Henry 6. Richard duke of York a Prince of the blood of great wisedome and valour and heir to a third part of the Kingdome at least being Earle of Vlster and Lord of Conaght and Meth was sent the Kinges Lieutenant into Ireland to recouer and reforme that Realme where he was resident in person for the greatest part of 10. yeares yet the troth is he aymed at another marke which was the Crown of England And therefore he thought it no pollicy to distast either the English or Irish by a course of reformation but sought by all meanes to please them and by popular courses to steale away their hearts to the end hee might strengthen his party when he should set on foot his Title as is before declared Which policy of his tooke such effect as that he drew ouer with him into England the Flower of all the English Colonies specially of Vlster and Meth whereof many Noblemen and Gentlemen were slain with him at wakefield as is likewise before remembred And after his Death when the warres between the Houses were in their heat almost al the good English bloud which was left in Ireland was spent in those ciuill dissentions so as the Irish became victorious ouer all without Bloud or Sweat Only that little Canton of Lande called the English Pale containing 4. small Shires did maintain a bordering war with the Irish and retaine the forme of English Gouernment But out of that little Precinct there were no Lordes Knights or Burgesses summoned to the Parliament neither did the Kings Writt run in anie other part of the kingdome and yet vpon the Marches Borders which at that time were growne so large as they tooke vp halfe Dublin half Meth and a third part of Kildare and Lowth there was no law in vse but the MarchLawe which in the Statutes of Kilkenny is said to be no Law but a leud Custome So as vpon the end of these ciuill warres in England the English Law Gouernment was well banisht out of Ireland so as no foot-steppe or print was left of any former Reformation THen did King Henry 7. send ouer Sir Edward Poynings to be his Depuputy a right worthy seruitor both in war and peace The principall end of his employment was to expel Perkin warbecke out of this kingdome but that seruice beeing perfourmed that worthy Deputy finding nothing but a common misery tooke the best course he possibly could to establish a Common-wealth in Ireland and to that end he held a Parliament no lesse famous then that of Kilkenny and more auaileable for the reformation of the whole Kingdome For whereas all wise men did euer concur in opinion that the readiest way to reform Ireland is to settle a forme of Ciuill Gouernment there conformable to that of England To bring this to passe Sir Edward Poynings did passe an Acte whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but prouided also for the time to come For he caused another Law to be made that no Act should be propounded in any Parliament of Ireland but such as should bee first transmitted into England and approued by the King and Counsell there as good and expedient for that Land and so returned backe againe vnder the Great Seale of England This Act though it seeme Prima facie to restrain the liberty of the subiects of Ireland yet was it made at the Prayer of the Commons vpon iust and important cause For the Gouernors of that realm specially such as were of that Contry Birth had layd many oppressions vpon the Commons and amongst the rest they had imposed Lawes vppon them not tending to the generall good but to serue priuate turnes and to strengthen their particular factions This moued them to referre all Lawes that were to be passed in Ireland to be considered corrected and allowed first by the State of England which had alwaies bin tender carefull of the good of this people and had long since made them a Ciuill Rich and Happy Nation if their own Lords and Gouernors there had not sent bad intelligence into England Besides this he took special order that the summons of Parliament should go into all the shires of Ireland and not to the foure shires only and for that cause specially hee caused all the Acts of a Parliament lately before holden by the Viscount of Gormanston to be repealed and made voide Moreouer that the Parliamentes of Ireland might want no desent or honorable forme that was vsed in England he caused a particular Act to passe that the Lords of Ireland should appeare in the like Parliament Robes as the English Lords are wont to weare in the Parliaments of England Hauing thus established all the statutes of England in Ireland and set in order the great Counsell of that Realme he did not omit to passe other Lawes aswell for the encrease of the Kings Reuennue as the preseruation of the publick peace To aduaunce the profites of the Crown First he obtained a subsidy of 26. s. 8. d. out of euery sixe score Acres manured payable yearely for 5. years Next he resumed al the Crown land which had been aliened for the most part by Richard Duke of Yorke lastly he procured a subsidy of Pondage out of all Merchandizes imported exported to be granted to the Crown in perpetuity To preserue the publicke peace he reuiued the statutes of Kilkenny He made wilfull murther High-Treason he caused the Marchers to book their men for whom they should answere and restrained the making Warre or peace without speciall Commission from the State These Lawes and others as important as these for the making of a commonwealth in Ireland wer made in the Gouernment of Sir Edward Poynings But these Lawes did not spread their Vertue beyonde the English Pale though they were made generally for the whole Kingdome For the Prouinces without the Pale which during the warre of Yorke and Lancaster had wholly cast off the English Gouernement were not apt to receyue this seed of reformation because they were not first broken and maistered againe with the sword Besides the Irish Countreyes which contained two third parts of the Kingdome were not reduced to Shire-Ground so as in thē the Lawes of England could not possibly be put in execution Therefore these good Laws prouisions made by Sir Edward Poynings were like good Lessons set for a Lute that is broken and out of tune of which Lessons little vse can be made till the Lute bee made fit to be plaid vpon And that the execution of al these Lawes had no greater Latitude then the Pale is manifest by the Statute of 13. of Henry 8. c. 3. which reciteth that at that time the Kings Lawes were obeyed and executed in the four shires onely and yet then was the Earle of Surrey Lieutenant of
Ireland a Gouernor much feared of the Kings Enemies and exceedingly honored and beloued of the Kings subiects And the instructions giuen by the state of Ireland to Iohn Allen Maister of the Rols employed into England neere about the same time doe declare as much wherein among other things hee is required to aduertise the King that his Land of Ireland was so much decayed as that the Kings Lawes were not obeyed twenty miles in compas Whereupon grew that By-word vsed by the Irish viz That they dwelt By-west the Law which dwelt beyond the Riuer of the Barrow which is within 30. Miles of Dublin The same is testified by Baron Finglas in his Discourse of the decay of Ireland which hee wrote about the 20. yeare of King Henry 8. And thus we see the effect of the Reformation which was intended by Sir Edward Poynings THE next Attempt of Reformation was made in the 28. yeare of King Henry 8. by the Lorde Leonard Gray who was created Viscount of Garny in this Kingdome and helde a Parliament wherein many excellent Lawes were made But to prepare the mindes of the people to obey these Lawes he began first with a Martiall course For being sent ouer to suppresse the Rebellion of the Giraldines which he performed in few months he afterwards made a victorious Circuit round about the Kingdome beginning in Offaly against O Connor who had ayded the Giralà ines in their Rebellion and from thence passing along through all the Irish Countries in Leinster and so into Mounster wher hee tooke pledges of the degenerate Earle of Desmond and thence into Conaght and thence into Vlster then concluded this warlicke Progresse with the Battell of Belahoo in the Borders of Meth as is before remembred The principall Septs of the Irishry beeing all terrified and most of them broken in this iourney manie of their chiefe Lords vppon this Deputies returne came to Dublin and made their submissions to the crown of England Namely the O Neales O Relies of Vlster Mac Murrogh O Birne and O Carrol of Leinster and the Bourks of Conaght This preparation being made he first propounded and passed in Parlament these Lawes which made the great alteration in the State Ecclesiastical Namely the Act which declared King Henry the eight to bee supreame Head of the Church of Ireland The Act probibiting Apeales to the church of Rome the Act for first fruites and twentith part to be paid to the King the Act for Faculties and Dispensations And lastly the Act that did vtterly abolish the vsurped Authoritie of the Pope Next for the encrease of the Kings Reuennew By one Act he suppressed sundry Abbeyes and Religious Houses and by another Acte resumed the Lands of the Absentees as is before remembred And for the Ciuill Gouernment a speciall Statute was made to abolish the Black-Rents and tributes exacted by the Irish vpon the English Colonies and another Law enacted that the English Apparrell Language manner of liuing should bee vsed by all such as would acknoledge themselues the Kings Subiects This Parliament being ended the Lord Leonard Gray was suddenly reuokt and put to death in England so as hee liued not to finish the woorke of Reformation which he had begun which notwithstanding was well pursued by his successors Sir Anthony Saint-Leger Vnto whom all the Lords and Chiefetanes of the Irishry and of the degenerate English throughout the Kingdome made their seueral submissions by Indenture which was the fourth general submission of the Irish made since the first attempt of the Conquest of Ireland whereof the first was made to King Henry 2. the second to k. Iohn the third to K. Richard 2. and his last to Sir Anthony Saint-Leger in 33. of Hen. 8. IN these Indentures of submission all the Irish Lords do acknowledge K. Henry the eight to be their Soueraign Lord and King and desire to bee accepted of him as subiects They confesse the Kings supremacy in all causes do vtterly renounce the Popes Jurisdiction which I conceiue to bee worth the noting because when the Irish had once resolued to obey the king they made no scruple to renounce the Pope And this was not only done by the meere Irish but the chiefe of the degenerate English Families did perfourme the same as Desmond Barry and Roche in Mounster and the Bourkes which bore the Title of Mac william in Conaght These submissions being thus taken the Lorde Deputy and Counsell for the present Gouernment of those Irish Countries made certaine Ordinances of state not agreeable altogither with the Rules of the Law of England the reason whereof is exprest in the preamble of those Ordinances Quia nondum sic sapiunt leges Iura vt secundū ea iam immediatè viuere regipossint The chiefe points or Articles of which Orders registred in the Counsel Booke are these That King Henrie the eight shold be accepted reputed and named King of Ireland by all the Inhabitants of the Kingdome that al Archbishops and Bishops should bee permitted to exercise their Iurisdiction in euery Diocesse throughout the Land that tithes should be duely set out and paide that Children should not be admitted to Benefices that for euery Manslaughter and theft aboue 14 d committed in the Irish Contries the offender shold pay a fine of 40. li. twenty pound to the King and 20. li. to the Captaine of the Country and for euery thefte vnder 14. d. a fine of fiue markes should be paid 46. s. viij d to the Captaine and 20. s. to the Tanister That Horsemen and Kearn shold not be imposed vppon the Common people to beefed and maintained by them That the Maister shold answer for his seruants and the Father for his Children That Cuttinges should not be made by the Lorde vppon his Tenants to maintaine war with his neighbors but only to beare his necessary expences c. These ordinances of state being made and published there were nominated and appointed in euery prouince certaine Orderers or Arbitraters who instead of these Irish Erehons should heare and determine all their Controuersies In Conaght the Arch-Bishop of Tuam the Bishop of Clonfert Captaine wakeley and Captaine Ouington In Munster the Bishop of VVaterford the Bishop of Corke and Rosse the Maior of Corke and Maior of Yough-hall In Vlster the Archbishop of Ardmagh the Lord of Lowth And if any difference did arise which they could not end either for the difficultie of the cause or for the obstinacy of the parties they were to certifie the Lord Deputy and Counsell who would decide the matter by their authority Heereuppon the Irish Captaines of lesser Territories which had euer bin oppressed by the greater mightier some with Risings out others with Bonaght and others with Cuttings and spendings at pleasure did appeale for Iustice to the Lorde Deputy who vpon hearing their Complaints did alwayes order that they should all imediatly depend vpon the King and
established the composition of the Pale in liewe of Purueyance and Sesse of Souldiers These were good proceedinges in the worke of Reformation but there were many defects omissions withall for though he reduced all Conaght into Counties he neuer sent any Justices of Assize to visite that Prouince but placed Cōmissioners there who gouerned it onely in A course of discretion part Martiall and part Ciuill Againe in the Law that dooth abolish the Irish Captain-ships he gaue waie for the reuiuing thereof againe by excepting such as should be granted by Letters Patentes from the Crowne which exception did indeede take away the force of that Law For no gouernour during Queene Elizabeths raign did refuse to grant any of those Captain-ships to any pretended Irish Lord who would Desire and with his thankefulnesse Deserue the same And againe though the greatest part of Vlster were vested by Act of Parliament in the actuall and reall possession of the Crowne yet was there neuer any seisure made thereof nor any part thereof brought into charge but the Irish were permitted to take all the profits without rendering any dutie or acknowledgement for the same and though the Name of O Neale were damned by that act and the assuming thereof made High-treason yet after that was Tirlagh Leynnagh suffered to beare that Title and to intrude vpon the possessions of the Crown and yet was often entertained by the State with fauour Neither were these lands resumed by the Act of 11. of Elizabeth neglected onely for the Abbaies and religious Houses in Tirone Tirconnell and Fermannagh though they were dissolued in the 33. of Henry 8. were neuer surueied nor reduced into charge but were continually possest by the religious persons vntill his Maiestie that now is came to the Crowne and that which is more strāge the Donations of Byshopprickes being a flower of the Crowne which the Kings of England did euer retaine in all their Dominions when the Popes vsurped Authority was at the highest There were three Bishopprickes in Vlster namely Derry Rapho and Clogher which neither Queene Elizabeth nor any of her Progenitors did euer bestow though they were the vndoubted Patrons thereof So as King Iames was the first king of England that did euer supply those Sees with Byshops which is an argument eyther of great negligence or of great weaknesse in the State and Gouernours of those times And thus farre proceeded Sir Henry Sidney AFter him Sir Iohn Perrot who held the last Parliament in this Kingdome did aduance the Reformation in three principall points First in establishing the great composition of Conaght in which seruice the wisedome and industry of Sir Richard Bingham did concurre with him next in reducing the vnreformed partes of Vlster into seauen shires namely Ardmagh Monahan Tirone Coleraine Deuegall Fermannagh Cauan though in his time the Law was neuer executed in these new Counties by any Sheriffes or Iustices of Assize but the people left to be ruled still by their own barbarous Lords and Lawes And lastly by vesting in the Crowne the Lands of Desmond and his Adherents in Mounster and planting the same with English though that plantation were imperfect in many points AFter Sir Iohn Perrot Sir william Fitzwilliams did good seruice in two other points First in raising a composition in Mounster and then in setling the possessions both of the Lords and Tenantes in Monahan which was one of the last Acts of State tending to the reformation of the Ciuill Gouernment that was performed in the raigne of Queene ELIZABETH Thus we see by what degrees what pollicy and successe the Gouernors of this Land from time to time since the beginning of the raigne of King Edward 3. haue endeuored to reforme and reduce this people to the perfect obedience of the Crowne of England And we find that before the Ciuill Warres of Yorke and Lancaster they did chiefely endeuour to bring backe the degenerate English Colonies to their Duty and Allegeaunce not respecting the meer Irish whom they reputed as Aliens or Enemies of the Crowne But after King Henry 7. had vnited the Roses they labored to reduce both English and Irish together which worke to what passe and perfection it was brought in the latter end of Queen Elizabeths raign hath bin before declared Whereof sometimes when I doe consider I do in mine owne conceit compare these later Gouernors who went about to reforme the Ciuill Affairs in Ireland vnto some of the Kings of Israel of whom it is saide That they were good Kings but they did not cut downe the Groues and High places but suffered the people still to burne Incense commit Idolatry in them so Sir Anthony Saint-Leger the Earle of Sussex sir Henry Sidney sir Iohn Perrot were good Gouernours but they did not abolish the Irish Customes nor execute the Lawe in the Irish Countries but suffered the people to worship their barbarous Lordes and to remaine vtterly ignorant of their Duties to God and the King AND now am I come to the happy raigne of my most Gracious Lord Maister K. Iames in whose time as there hath been a concurrence of many great Felicities so this among others may be numbred in the first ranke that all the Defects in the Gouernment of Ireland spoken of before haue beene fully supplied in the first nine yeares of his raigne In which time there hath bin more done in the worke reformation of this Kingdome then in the 440. yeares which are past since the Conquest was first attempted Howbeit I haue no purpose in this Discourse to set forth at large all the proceedings of the State heere in reforming of this Kingdom since his Maiesty came to the Crowne for the parts and passages thereof are so many as to expresse them fully woulde require a seuerall Treatise Besides I for my part since I haue not flattered the former times but haue plainely laid open the negligence and errors of euery Age that is past woulde not willingly seeme to flatter the present by amplifying the diligence and true Iudgement of those Seruitours that haue laboured in this Vineyard since the beginning of his Maiesties happy raigne I shall therefore summarily without any amplication at all shewe in what manner and by what degrees all the defects which I haue noted before in the Gouernment of this Kingdome haue bin supplied since his Maiesties happy raigne beganne and so conclude these obseruations concerning the State of Ireland FIrst then touching the Martiall affayres I shall neede to say little in regard that the Warre which finished the Conquest of Ireland was ended almost in the instant when the crown descended vpon his Maiesty and so there remained no occasion to amēd the former errors committed in the prosecution of the warre Howbeit sithence his Maiesty hath still maintained an Army heere aswell For a Seminary of Martiall Men as to Giue strength and countenance to the Ciuil Magistrate I may iustly obserue that this
army hath not bin fed with Coigne Liuery or Sesse with which Extortions the souldier hath bin norished in the times of former Princes but hath bin as iustly and royally paid as euer Prince in the world did pay his Men of war Besides when there did arise an occasion of employment for this army against the Rebell Odoghertie neither did his Maiesty delay the re-inforcing thereof but instantly sent supplies out of England and Scotland neither did the Martiall men dally or prosecute the Seruice faintly but Did foorthwith quench that fire whereby themselues would haue bin the warmer the longer it had continued aswell by the encrease of their entertainment as by booties and spoile of the Countrey And thus much I thought fit to note touching the amendment of the Errors in the Martiall affaires SEcondly for the supply of the Defects in the ciuil Gouernment these courses haue beene pursued since his Maiesties prosperous raigne began First albeit vpon the end of the war whereby Tyrones vniuersall Rebellion was supprest the minds of the people were broken and prepared to Obedience of the Law yet the State vpon good reason did conceiue that the publicke peace could not be setled till the hearts of the people were also quieted by securing them from the danger of the law which the most part of them had incurred one way or other in that great and general confusion Therefore first by a generall Act of State called the Act of Obliuion published by Proclamation vnder the great Seale Al offences against the Crown and all perticuler Trespasses between subiect and subiect done at any time before his Maiesties raigne were to all such as would come in to the Iustices of Assise by a certaine day and claime the benefit of this Act pardoned remitted and vtterly extinguished neuer to be reuiued or called in question And by the same proclamation all the Irishry who for the most part in former times were left vnder the tiranny of their Lords and Chieftanies and had no defence or Iustice from the Crowne were receiued into his Maiesties imediate protection This bred such comfort and security in the hearts of all men as thereupon ensued the calmest and most vniuersall peace that euer was seen in Ireland The publicke peace beeing thus established the State proceeded next to establish the publick Iustice in euery part of the Realm And to that end Sir George Cary who was a prudent Gouernor and a iust and made a fair entry into the right way of reforming this Kingdome did in the first yeare of his Maiesties raigne make the first Sheriffes that euer were made in Tyrone and Tirconnell and shortly after sent Sir Edmund Pelham Chiefe Baron my selfe thither the first Iustices of Assise that euer sat in those Countries and in that Circuit wee visited all the shires of that Prouince Besides which visitation though it were some-what distastfull to the Irish lords was sweet and most welcome to the Common people who albeit they were rude barbarous yet did they quickely apprehend the difference betweene the tiranny and oppression vnder which they liued before the iust gouernment and protection which wee promised vnto thē for the time to come The Lawe hauing made her Progresse into Vlster with so good successe sir Arthur Chichester who with singular Industry Wisedome and Courage hath now for the space of 7. years and more prosecuted the great worke of Reformation and brought it well-neere to an absolute perfection did in the first year of his gouernment establish two other Newe Circuits for Iustices of Assise the one in Conaght and the other in Mounster I call them New Circuites for that although it bee manifest by manie Recordes that Iustices Itinerant haue in former times beene sent into all the shires of Mounster some part of Conaght yet certaine it is that in 200. yeares before I speake much within compasse no such Commission had bin executed in either of these 2. Prouinces But now the whole Realme being diuided into Shires and euerie bordering Territory whereof anie doubt was made in what County the same should ly being added or reduced to a County certaine among the rest the Mountaines and Glynnes on the South side of Dublin wer lately made a Shire by it self and called the County of wicklow wherby the Inhabitants which were wont to be Thorns in the side of the Pale are become ciuill and quiet Neighbors thereof the streams of the publicke Iustice were deriued into euery part of the Kingdome and the benefit and protection of the law of England communicated to all aswell Irish as English without distinction or respect of persons By reason whereof the worke of deriuing the publick Iustice grew so great as that there was Magna messis sed Operarij pauci And therefore the number of the Iudges in euery Bench was increased which do now euery halfe yeare like good Plannets in their seuerall spheares or Circles carry the light and influence of Iustice round about the Kingdom whereas the Circuits in former times went but round about the Pale like the Circuit of the Cinosura about the Pole Quae cursu niteriore breui conuertitur orbe VPon these Visitations of Iustice whereby the iust and honourable Law of England was imparted and communicated to al the Irishry there followed these excellent good effects First the Common people were taught by the Iustices of Assise that they were free subiects to the Kings of England and not slaues vassals to their pretended Lords That the Cuttings Cosheries Sessings and other Extortions of their Lords were vnlawfull and that they should not any more submit them-selues thereunto since they were now vnder the protection of so iust and mighty a Prince as both wold and could protect them from all wrongs oppressions They gaue a willing eare vnto these lessons and thereupon the greatnesse power of those Irish Lords ouer the people so dainly fell and vanished when their Oppressions and Extortions were taken away which did maintain their greatnesse Insomuch as diuers of them who formerly made themselues Owners of al by Force were now by the law reduced to this point That wanting meanes to defray their ordinary charges they resorted ordinarily to the Lord Deputy and made petition that by License and warrant of the State they might take some aid and contribution from their people aswel to discharge their former debts as for competent maintenance in time to come But some of them being impatient of this diminution fled out of the Realme to forraign Countries Whereupon we may well Obserue That as Extortion did banish the old English Free-holder who could not liue but vnder the Law So the Law did bannish the Irish Lord who could not liue but by Extortion Againe these Circuits of Iustice did vpon the end of the warre more terrifie the loose and ydle personnes then the execution of the martial law though it were more quicke and sodaine and
in a short time after did so cleare the Kingdome of Theeues other Capitall Offenders as I dare affirme that for the space of fiue yeares last past there haue not bin found so many Malefactors worthy of death in al the six Circuits of this realm which is now diuided into 32. shires at large as in one Circuit of six Shires namely the Westerne Circuit in England For the troth is that in time of peace the Irish are more fearefull to offend the Law then the English or any other Nation whatsoeuer Againe whereas the greatest aduantage that the Irish had of vs in all their Rebellions was Our Ignorance of their Countries their Persons and their Actions Since the Law and her Ministers haue had a passage among them all their places of Fastnesse haue been discouered and laide open all their paces cleard notice taken of euery person that is able to do either good or hurt It is knowne not only how they liue and what they doe but it is foreseen what they purpose or intend to do Insomuch as Tirone hath been heard to complaine that he hadde so many eyes watching ouer him as he coulde not drinke a full Carouse of Sacke but the State was aduertised thereof within few houres after And therefore those allowances which I finde in the ancient Pipe-Rolles Proguidagio spiagio may be well spared at this day For the Vnder-Sheriffes and Bayliffes errant are better guides and Spies in the time of peace then any were found in the time of war Moreouer these ciuil assemblies at Assises and Sessions haue reclaymed the Irish from their wildenesse caused them to cut off their Glibs and long Haire to conuert their Mantles into Cloaks to conform themselues to the maner of England in al their behauiour and outward formes And because they find a great inconuenience in mouing their suites by an Interpreter they do for the most part send their Children to Schools especially to learne the English language so as we may conceiue an hope that the next generation will in tongue heart and euery way else becom English so as there will bee no difference or distinction but the Irish Sea betwixt vs. And thus we see a good conuersion the Irish Game turned againe For heeretofore the neglect of the Lawe made the English degenerate and become Jrish and now on the other side the execution of the Law doth make the Irish grow ciuil and become English Lastly these generall Sessions now do teach the people more obedience and keep them more in awe then did the general hostings in former times These Progresses of the Law renew and confirme the Conquest of Ireland euery halfe yeare and supply the Defect of the kings absence in euery part of the Realme In that euery Iudge sitting in the seat of Iustice dooth represent the person of the King himselfe These effectes hath the establishment of the publicke Peace and Iustice produced since his Maiesties happie Raigne began Howbeit it was impossible to make a Common-weale in Ireland without performing another seruice which was the setling of all the Estates and possessions aswell of Irish as English thoroughout the Kingdome For although that in the 12. year of Queen ELIZABETH a special Law was made which did enable the Lord Deputy to take surrenders regrant Estates vnto the Irishry vpon signification of her Maiesties pleasure in that behalfe yet were there but few of the Irish Lords that made offer to surrender during her raigne they which made surrenders of entire Countries obtained Graunts of the whole againe to themselues only to no other and all in demesne In passing of which Graunts there was no care taken of the inferiour Septes of people inhabiting and possessing these Countries vnder them but they held their seuerall portions in course of Tanistry and Gauelkind and yeilded the same Irish Duties or exactions as they did before So that vpon euery such Surrender Grant there was but one Free-holder made in a whole Country which was the Lord himselfe al the rest were but tenants at Wil or rather tenants in villenage and were neither fit to be sworne in Iuries nor to performe any publicke seruice And by reason of the vncertainety of their Estates did vtterly neglect to build or to plant or to improue the Land And therefore although the Lorde were become the Kings Tenant his Countrey was no whit reformed thereby but remained in the former Barbarisme and Desolation Againe in the same Queens time there were many Irish Lordes which did not surrender yet obtained Letters Patents of the Captaine-ships of their Countries of all Lands Duties belonging to those Captainships For the Statute which doth condemn abolish these Captain-ries vsurped by the Irish doth giue power to the Lorde Deputy to graunt the same by Letters pattents Howbeit these Irish Captaines and likewise the English which were made Seneschalles of the Irish countries did by colour of these Grants and vnder pretence of Gouernment claime an Irish Seigniory and exercise plaine tiranny ouer the Common people And this was the fruite that did arise of the Letters Patents granted of the Irish Contries in the time of Q. Elizabeth where before they did extort oppresse the people only by colour of a leud and barbarous Custom they did afterwards vse the same Extortions and Oppressions by warrant vnder the great seal of the Realme But now since his Maiesty came to the Crown two speciall Commissions haue bin sent out of England for the setling and quieting of all the possessions in Ireland The one for accepting Surrenders of the Irish and degenerate English and for regranting Estates vnto them according to the course of the Common Law The other for strengthening of defectiue Titles In the Execution of which Cōmissions there hath euer bin had a speciall care to settle and secure the Vnder-Tennants to the end there might be a repose and establishment of euery Subiects Estate Lord Tenant Free-holder and Farmer thoroughout the Kingdome Vppon Surrenders this course hath bin helde from the beginning when an Irish Lord doth offer to surrender his Country his surrender is not immediatly accepted but a Commission is first awarded to enquire of three special points First of the quantity and limits of the Land whereof he is reputed owner Next how much himselfe doth hold in demeasne and how much is possest by his Tennants and Followers And thirdly what Customes Duties and seruices he doth yearly receiue out of those lands This Inquisition being made returned the Lands which are found to bee the Lords proper possessions in demesn are drawne into a Particular and his Irish Duties as Cosherings Sessings Rents of Butter and Oatmeale and the like are reasonably valued and reduced into certaine Summes of Money to be paide yearely in lieu thereof This being done the surrender is accepted and thereupon a Grant passed not of the whole Country as was vsed in
Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin Archiu in Castro Dublin That the meer Irish were reputed enimies to the crowne Archiu in Castro Dublin Archiu in Caflro Dublin Archiu in Castro Dublin Archiu in Castro Dublin Stat. de Kilkenny c. 2. 3. 10. Hen 6. c. 1. 28. H. 8. c. 13. The Irish did desire io bee admitted to the benefit protection of the English Lawes but could not obtaine it 2. Ed. 3. claus 17 The Counsell Booke of Ireland 34. Hen. 8 What mischief did grow by not Communicating the English Lawes to the Irish. What good would haue ensued if the meere Irish had bin gouerned by the English lawes Three generall submissions of the Irish. The English Lawes were executed only in the English Colonies Archiu in Castro Dublin Statut. de Kilkenny c. 4. The Romains did communicate their Lawes to the nations which they conquered Tacitus in vita Agricolae William the Conquerour gouerned both the Normans and the English vnder one Law Causden in Northfolke King Edw. I. did communicate the English Lawes to the Welshmen Giraldus Cambrensis lib. 2. de Hiberniâ expugnata 2. The Landes conquered from the Irish were not well distributed The proportions of Land graunted to the first Aduenturers wer too large G iraldus Cambrensis lib. 2. de Hiberniâ expugnata In Archiu Tur. 5. Edw. 3. Escheat nume ro 104. 2. Iohannis Chart. m. 15. m. 38. 6. Iohan. Chart. m. 1. 7. Iohan. Chart. m. 12. n. 109 6. Ed. 1. Chart. m. 19. 18. Ed. 1. m. 29 Girald Cambr. lib. 2. de Hibernia expug All Ireland distributed to ten persons of the English Nation 6. H. 3. Chart. m. 2. Houeden in H. 2. fol. 302. Archiu turr 17 Iohannis Chart. m. 31. 6. Iohannis Claus. m. 18. Matth. Paris in Hemy the third 3. Henrie 3. The Liberties granted to the first aduenturers were too great 8. Counties Palatines in Ireland at one time Anna'es Hiberniae in Camden In Archiu Tur. 11. Edw. 3. Escheat n. 28. 5 Counâ— Palatines in Leinster Archiu in Castro Dublin Archiu Turr. pat 3. E. 3. m. 28 Archiu in Castro Dublin The inconueniences which grew by the large graunts of Lands and Liberties The English Lords in Ireland made war and peace at their pleasure The war and dissention of the English Lordes one with another Annales Hiberâ—… in Camden Annales Hiberniae in Camden Annales Iohannis Clynne Manuscript Baron Finglas Manuscript Sta. 10. H. 7. c. 4 Rot. Parliam in castro Dublin Baron Finglas Manuscript Archiu Turr. 5. Ed. 3. claus m. 4 Archiu Tur. 15 Ed. 3. claus m. 4 Annales Hiberniae in Camden The first Aduenturers obtained these liberal grants because the Kings of England did not prosecute the warre at their owne charge How the State of Rome rewarded their men of warre William the Conqueror Camden in Chester Wales distributed to the L. Marchers The English Lords did not reduce the woodes and wasts in Forrests Parks Chart. de Forest. c. 2 3. The English Colonies reiected the English lawes and customes and embraced the Irish. The nature of the Irish Customes The Irish laws and Customs differing from the Lawes Customs of al ciuill Nations The Irish Law in Criminall causes The Irish Custome of Tanistry The Irish Custome of Gauelkinde The mischiefs that arise by these two Customes The wicked Customes of Coigne and Liuery The mischiefs that did arise by Coigne Liuery The cause of Idlenesse in the Irish. Why the Irish are Beggers in forraigne Countreyes Why the Irish are reputed a crafty people Why the Irish are inquisitiue after Newes Cosherings Sessings Cuttings Gossipred How the English Colonies became degenerate Alb. libr. Scacc. Dublin 5. Ed. 3. m. 25. When how the English Colonies became degenerate The Scots ouerrun Iceland Annales Hibernie in Camden Desmond cheefe Commander in the warre against the Scots When how the extortion of Coign and Liuery-began among the English The rising of Mac Murrogh and O Moore in Leinster Annales Hiberniae in Camden Annales Iohan. Clynne Manus The defect and losse of a great part of Leinster The Earle of Vlster murdered Annales Iohan. Clynne Manus The Earldom of Vlster recouered by the Irish. Abridgement of Salus populi Manuscript Baron Finglas Manuscript Annales Hibermae in Camden The defectioÌ„ of Conaght Baron Finglas Manuscript Annales Hiberniae in Camden What courses haue bin takeÌ„ to reforme this kingdom since the English Colonies became degenerate Edward 2 K. Edward the third did first endeuor a reformation Archiu Turr. 2. E. 3. claus pers 1. m. 16. Sir Anthony Lucie Annales Hiberniae in Camden Resumption of Liberties Annales Hiberniae in Camden Sir Raph Vfford Annales Iohan. Clynne Manus Annales Hiberniae in Camden Maurice Fitz-Thomas the first Earle of Desmond the author of the great oppressions and dissentions which distroyed the English Colonies The fortune of the house of Desmond The Counsel-Booke of Ireland 32. H. 8. The course of Reformation pursued by Lionel Duke of Clarence Archiu in Castro Dublin Statutes of Kilkenny C. 2. C. 3. C. 4. C. 10. C. 12. C. 13. C. 15. C. 17. C. 22. C. 24. The Statutes of Kilkenny did much reforme the degenerat English Sta. 10. H. 7. c. 8 The presence of the Kinges son did much aduance the reformation Absence of our Kings and great English Lords a chief cause why the Kingdom was not reduced Absence of our Kings The absence of the great English Lords Baron Finglas Manuscript Baron Finglas Manuscript Archiu Turr. Rot. parliaÌ„ n. 42 Archiu in offic Remem Dublin Act of Absentees 28. H. 8. The reformation intended by K. Richard 2 Archiu Turr. 3 Rich. 2. cl m 3. 3. Rich. 12. Rot. Parliam 11. 42 9. Rich. 2. claus m. 1. Walsingham in Rich. 2. 349. a. Plac. coram Rege in Hibernia Hillar 18 Ric. 2 The reformation intended by Hen. 4. The course of Reformation held by Sir Edward Poynings in the time of k. H. 7. Poynings Act The Counsell Booke of Ireland 16. H. 8. The reformation intended by the L. Leonard Gray 28. Hen. 8. Annales Hiberâ—… Manus The Counsell Booke of Ireland 28. H. 8. The course of Reformation pursued by Sir Anthony Saint-Leger Foure generall Submissions of the Irish. The Counsell Booke of Ireland 32. 33. and 34. of H. 8 The Irish and degenerate English renounce the Pope The Counsell Booke of Ireland 33. H. 8. The course of Reformation prosecuted by Thomas Earl of Sussex in the time of Q. Mary Leix Offaly made two Counties 3. 4. Phil. Mariae The course of Reformation followed by Sir Henry Sidney in the time of Qu. Elizabeth The Reformation aduanced by Sir Iohn Perrot The Seruice of William Fitz Williams tending to reformation How the Defects errors in the gouern ment of Ireland haue bin supplied and amended since the beginning of his Maiesties Raigne Errors in the carriage of the martiall affaires amended How the Defects in the ciuill Gouernment haue bin supplied 1. By establishing the publicke peace 2. By establishing the publique Iustice in euery part of the Kingdome The good effects which followed the execution of the law thoroughout the Kingdome 3. The setling of the States and possessions of the Irishry aswelas of the English How the CoÌ„missions for Surrenders and defectiue Titles haue bin put in execution No Grant of Irish Captain ships or Seneschalships since his Maiesties raigne The plantation of Vlster