did put the last hand to who having rooted out these two Rebellious Septs planted English Colonies in their rooms which in all the tumultuous times ever since kept their Habitations their Loyalty and Religion unless destroyed by the last Rebellion An. 1641. 2. 2. By the Rebellion of too Earl of Desmond An. 1583. In the five and twentieth year of Queen Elizabeths Reign Anno 1583 that infamous Rebel and Traytor to his Countrey Girald fitz Girald or Giraldides the eleventh Earl of Desmond of his Family when his men were consumed with Famin and Sword which had barbarously vowed to forswear God before they would forsake him and when he had escaped the hands of the Victorious English almost two years by lurking in uncertain corners was now by a common Soldier found in a little Cottage and unknown till having his Arm almost cut off he discovered himself and was slain being run through the body in many places his head being sent over into England was fixed upon a pole on London Bridge such end had this most powerful man in Ireland who derived his Pedigree from Maurice fitz Giralde of Winsor an Englishman most renowned amongst the first Conquerors of Ireland in the year 1170. He had goodly Lands and Possessions yea whole Provinces with Kerry a County-Palatine and very many Castles and a number of Tenements and Adherents and of his own Stock and Sir-name he had about five hundred Gentlemen at his Devotion Of all which and of his life also he was dispoyled within three years very few of the Family being left after he had broken his Allegiance to his Prince through the perswasion of certain Priests amongst whom the chiefest of all was Nicholas Sanders an Englishman who almost at the same instant was most miserably famished to death who being forsaken of all company and troubled in mind for the adverse success of the Rebellion he wandered up and down through Woods Forrests and Hills and found no comfort In his Pouch were found certain Orations and Epistles written to confirm the Rebels stuffed with large promises from the Bishop of Rome and the Spaniard By the downfal of this great Earl and his Adherents there fell such a great proportion of Land to the Crown in the Counties of Cork Kerrey and and Limrick as gave occasion to a brave English Plantation to be setled in those Southern parts of Ireland in the Reigns of King James and King Charles the first 3. 3. By the Rebellion of Edm. Burgh of Castle-Barry An. 1585. In the twenty seventh year of Queen Elizabeths Reign Anno 1585. Edmund Burgh of Castle Barry with his Sons and Adherents namely the Clan-Gibbons Clandonells and Joyes all of the Province of Connaght after they had drawn the Scots to their assistance and done the Countrey a great deal of mischief by their Rebellion were taken and condemned for Treason by means whereof there was a good portion of Land got to renew an English Colony in the Province of Connaght 4. By the Rebellion of Hugh Roe-Mac Mahone a great Lord in Ulster An. 1590. 4. In the one and thirtieth year of her Reign Anno 1590. by the Rebellion of Hugh Roe-Mac Mahon a great Lord in the Territory of Monaghan in Vlster for that he had with Banners displayed and exacted of his people Contributions due according to the barbarous manner of the Countrey being condemn'd and hanged his most large Lands and Livings were divided betwixt the English and certain of the Mac Mahons to hold the same paying certain yearly Rent to the Queen according to the Laws of England and this to the end that they might weaken that Family strong and powerful of Tenants and Adherents and blot out the Tyranny of Mac Mahone together with Title For by this Title those of that Family waxed insolent which by right or wrong took upon them the denomination Hereupon Brion O-Rerke a great Lord in the neighbour Countrey of Brenn and one who marvellously favoured and affected the Spaniards fearing lest the same might befal him took Arms against the Queen but being hunted into Scotland was very willingly delivered by King James to Queen Elizabeth who was Arraigned Anno 1591. in Westminster Hall for that he had excited and harboured Alexander Mac Conell and others against the Queen had commanded the Queens Picture painted in a Table to be hung at a horses taile and hurried about in scorn and disgracefully cut in pieces had entertained into his house certain Spaniards which were Shipwracked contrary to the Lord Deputies Proclamation had burnt down to Ashes the Houses of the Queens faithful Subjects by his Incendiaries had slain many of them and had offered Ireland into the possession of the King of Scots Sentence of death being pronounced upon him after a few days he suffered a Traytors death at Tiburn with a most obstinate mind This Traytors Land did also farther contribute towards the resetling of an English Plantation in the North of Ireland 5. By the dâ—signed Rebellion and flight of the Earl of Tyrone and his Adherents An. 1609. 5. In the sixth year of King James his Reign being Anno 1609. The Earl of Tyrone and Tirconnel Sir John O Daugherty and other great men of the North possessed of large Territories and great Jurisdictions conteining in the whole six Counties who being both uncapable of Loyalty and impatient of seeing the Kings Judges Justices and other Ministers of State to hold their Sessions and execute their Commissions of Oyre and Terminer within the parts where they commanded out of a guilty conscience having laid the foundation of a Rebellion but not being able to bring the same to effect forsook the Countrey and went into Spain leaving their whole Estates to the Kings disposal By whose directions their Lands were seized upon and sould to several Purchasers the City of London enfeoffed in a great part of them a great Plantation made in Vlster of English Welch and Scots by the united name of British Plantation By means whereof the foundations of some good Towns whereof London was one soon after encompassed with Stone walls were presently laid several Castles and Houses of strength built in several parts of the Countrey and great numbers of British Inhabitants setled there to the great comfort and security of the Kingdom And the same course was taken likewise for the better assurance of the peace of the Countrey in the Plantation of several parts of Leinster where the Irish had made incursions and violently expelled the Old English out of their Possessions And though the King was by due course of Law justly entitled to all their whole Estates there yet he was gratiously pleased to take but one fourth part of their Lands which was delivered over likewise into the hands of the British undertakers who with great cost and much industry planted themselves so firmly as they became of great security to the Countrey and were a most special means to introduce civility in
the chief causes that obstructed the Conquest of Ireland till about the latter end of Queen Elizabeths reign as to Martial Affairs And secondly loosness in the Civil Government of Ireland for not communicating the Laws of England to the Irish I shall now endeavour in the next place to give some satisfaction touching those defects that were observed to be in the Civil Policy and Government of this Kingdome which gave no less impediment to the full Conquest thereof which doth first consist in this That the Crown of England did not from the beginning give Laws to the Irishry though the Irish did often desire to be admitted to the benefit of it and protection of the English Laws but could not obtain it For although King Henry the Second before his return out of Ireland held a Counfel or Parliament at Lismore where the Laws of England were willingly accepted off by all the Irishry and that confirm'd by their Oaths And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and the Courts of Judicature at Dublin and placed Sheriffs and other Ministers to rule and govern the people according to the Laws of England yet it is evident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry as O Neal of Vlster O Malaghlin of Meath O Connagher of Connaght O Brien of Thomond and Mac Muorrogh of Lynster who were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England for in them onely the English Laws were published and put in execution and in them onely did the Itinerant Judges make their Circuits and Visitations of Justice as namely in the Counties of Dublin Kildare Meth Vriel Catherlogh Kilkenny Wexford Waterford Cork Limrick Kerry and Typperary and not in the Countries possessed by the Irishry which contained at least two third parts of the Kingdome and even in these Counties the said Laws stretcht no farther then the Lands of the English Colonies did extend so that the Irish were not only disabled to bring any actions but they were so far out of the protection of the Law as it was often adjudged no Fellony to kill a meer Irish man in time of Peace from whence it came to pass that in all the Parliament Rolls which are extant from the 40th year of Edward the Third when the Statutes of Kilkenny were enacted till the Reign of King Henry the Eighth we find the degenerate and disobedient English called Rebels but the Irish which were not in the Kings Peace are called Enemies Whereby it it is manifest that such as had the Government of Ireland under the Crown of England did intend to maintain a perpetual Separation and Enmity between the English and the Irish pretending that the English should in the end be able to root out the Irish which the English not being able to effect caused a perpetual War between both Nations which continued four hundred and odd years and might have continued to the worlds end if in the end of Queen Elizabeths Reign the Irishry had not been broken and Conquered by the Sword and since the beginning of King James his Reign had not been protected and governed by the Law Contrary to the practice of the Romans and others c. who communicated their Laws to the Conquered This was contrary to the practice of the Roman State which Conquered so many barbarous and civil Nations and therefore knowing by experience the best and readiest way of making a perfect and absolute Conquest refused not to communicate their Laws to the rude and barbarous people whom they had conquered neither did they ever put them out of their Protection after they had once submitted themselves but rather the better to assure their conquest by all the means imaginable they could allured them to Civility and Learning whereof the antient Britains were a famous instance This was also against the practise William the Conqueror used who governed both the Normans and the English under one Law And against the prudent course that hath been observed in the reducing of Wales partly perform'd by King Edward the First and altogether finished by King Henry the Eighth by dividing the whole Countrey into Shires and Circuits and establishing a Common-wealth amongst them according to the English Government by means whereof that entire Countrey was in a short time so securely setled in Peace and Obedience and hath attained to that civility of manners and plenty of all things as now we find it not inferiour to the best parts of England That the over great proportions of Land granted to the first Conquerors of Ireland occasioned great inconveniencies The next Error in the Civil Policy which hindered the perfection of the Conquest of Ireland did consist in the distribution of the Lands and Possessions which were won and conquered from the Irish For the Scopes of Land which were granted to the first Adventurers were too large and the Liberties and Royalties which they obtained therein were too great for Subjects though it stood with reason that they should be liberally rewarded out of the fruits of their own labours since they managed the War upon their own account and received no pay from the Crown of England whereupon ensued divers inconveniencies that gave great impediment to the Conquest for first Earl Strongbow was entituled to the whole Kingdom of Lynster partly by Invasion and partly by Marriage albeit he surrendered the same entirely to King Henry the Second his Soveraign The manner how Ireland was divided amongst the first Engâ—ish Conquerors for that with his License he came over and with the aid of his Subjects he had gained that great Inheritance yet did the King regrant back again to him and his Heiâ—s all that Province reserving only the City of Dublin and the Cantreds next adjoyning with the Maritine Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Corke from Lismore to the Sea To Philip le Bruce he gave the whole Kingdome of Lymrick with the Donation of Bishopricks and Abbies except the City and one Cantred of Land adjoyning To Sir Hugh de Lacy all Meath To Sir John de Courcy all Vlster To William Bourke Fitz-Adelin the greatest part of Connaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poor of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was alâ— Ireland Cantonized among ten Persons of the English Nation And though they had not gained the Possession of one third part of the whole Kingdom yet in Title they were owners and Lords of all so as nothing was left to be granted to the Natives whose petty Kings and Great ones our great English Lords could not endure
they should Reign in Ireland nay they were come that height by these great Possessions that they could not brook that the Crown of England it self should have any Jurisdiction or Power over them For many of these Lords to whom our Kings had granted these petty Kingdoms did by Vertue and Colour of these Grants claim and exercise Jura Regalia within their Territories in so much as there were no less than eight Counties Palatines in Ireland at one time The first English Conquerors exercise Regal Power These absolute Palatines made Barons and Knights did exercise high Justice in all points within their Territories erected Courts for Criminal and Civil Causes and for their own Revenues in the same form as the Kings Courts were established at Dublin made their own Judges Seneschalls Sheriffs Coroners and Escheators so as the Kings Writ did not run in those Counties which took up more then two parts of the English Colonies but onely in Church Lands lying within the same which were called the Cross wherein the King made a Sheriff And so in each of these Counties Palatines there were two Sheriffs one of the Liberty and another of the Cross whereby it is manifest how much the Kings Jurisdictions was restrained and the power of these Lords enlarged by these high Priviledges Again these great undertakers were not tied to any form of Plantation but all was left to their discretion and pleasure And although they builded Castles and made Freeholders yet were there no tenures or services reserved to the Crown but the Lords drew all the respect and dependancy of the common people unto themselves Now let us see what inconveniences did arise by these large and ample Grants of Lands and Liberties to the first Adventurers in the Conquest The great inconveniences that ensued the Grant of whole Provinces and petit Kingdoms to the first English Conquerors of Ireland Without doubt by these Grants of whole Provinces and petty Kingdoms these few English Lords pretended to be Proprietors of all the Land so as their was no possibility left of settling the Natives in their Possessions and by consequence the Conquest became impossible without the utter extirpation of all the Irish which these English Lords were not able to perform nor perhaps willing if they had ability Notwithstanding because they did still hope to become Lords of those Lands which were possessed by the Irish whereunto they pretended Title by their large Grants And because they did fear that if the Irish were received into the Kings protection and made Liege-men and Free Subjects the State of England would establish them in their possessions by Grants from the Crown reduce their Countries into Counties ennoble some of them and enfranchise all and make them amensurable to the Law which would have abridged and cut off a great part of that greatness which they had promised unto themselves They therefore perswaded the King of England that it was unfit to communicate the Laws of England unto them and that it was the best policy to hold them as Aliens and Enemies and to prosecute them with a continual War whereby they obtained another Royal Prerogative and Power Which was to make War and Peace at their Pleasure in every part of the Kingdom which gave them an absolute command over the Bodies Lands and Goods of the English Subjects there And besides the Irish inhabiting the Lands fully Conquered and reduced being in the condition of Slaves and Villains did render a greater Profit and Revenue than if they had been the Kings Free Subjects and therefore for these two causes last expressed they were not willing to root out all the Irishry Again Those large Scopes of Land and great Liberties with absolute Power to make War and Peace did raise the English Lords to that height of Pride and Ambition as they could not endure one another but grew to a mortal War and Dissention amongst themselves insomuch that whole Towns and Countries have often times been destroyed by their Contentions which brought forth divers mischiefs that did not onely disable the English to finish the Conquest of all Ireland but did endanger the loss of what was already gained And of Conquerors made themselves Slaves to that Nation which they did intend to Conquer For whensoever one English Lord had vanquished another the Irish waited and took the opportunity and fell upon that Country which had received the blow and so daily recovered some part of the Lands which were possessed by the English Colonies Besides The English Lords to strengthen their Parties did Ally themselves with the Irish and drew them in to dwell amongst them and gave their Children to be fostered by them and having no other means to pay or reward them suffered them to take Coyn and Livery upon the English Free-holder which oppression was so intollerable as that the better sort were enforced to quit their Free-holds and fly into England and never returned though many Laws were made in both Realms to remand them back again and the rest which remained became degenerate and meer Irish as is before declared And the English Lords finding the Irish Exactions to be more profitable then the English Rents and Services and loving the Irish tyranny which was tyed to no Rules of Law or Honor better than a just and lawful Seigniory did reject and cast off the English Law and Government received the Irish Laws and Customes took as aforesaid Irish Sir-names refused to come to the Parliaments which were summoned by the King of Englands Authority and scorned to obey the English Knights which were sent to command and govern this Kingdome Why the Kings of England Granted such large Proportions of Land to the first Conquerors of Ireland But this ought withal to be taken into consideration that as these Grants of little Kingdomes and great Royalties to a few private persons did produce the mischiefs spoken of before So the true cause of making those Grants did proceed from this That the Kings of England being otherwise imployed and diverted did not make the Conquest of Ireland their own work and undertook it not royally at their own charge but as it was first begun by particular Adventurers so they left the prosecution thereof to them and other Adventurers who came to seek their Fortunes in Ireland wherein if they could prevail they thought it in Reason and Honor they could do no less than make them Proprietors of such Scopes of Land as they could Conquer People and Plant at their own charge reserving only the Sovereign Lordship to the Crown of England But if the Lyon had gone to hunt himself the shares of the inferiour Beasts had not been so great If the Invasion had been made by an Army transmitted furnished and supplyed onely at the Kings charges and wholly paid with the Kings Treasure as the Armies of Queen Elizabeth and King James were as the Conquest had been sooner atchieved so the Servitors had been contented
with lesser proportions For when Scipio Pompey and Caesar and other Generals of the Roman Armies as Subjects and Servants of that State and with the Publick Charge had Conquered many Kingdomes and Common-Weals we find them rewarded with Honorable Offices and Triumphs at their return and not made Lords and Proprietors of whole Provinces and Kingdomes which they had subdued to the Empire of Rome Likewise when the Duke of Normandy had Conquered England which he made his own work and perform'd it in his own person he distributed sundry Lordships and Manners unto his Followers but gave not away whole Shires and Countries in Demesne to any of his Servitors whom he most desired to advance Again From the time of the Norman Conquest till the Reign of King Edward the First many of our English Lords made War upon the Welch-men at their own charge the Lands which they gained they held to their own use were called Lords Marchers and had Royal Liberties within their Lordships Howbeit these particular Adventurers could never make a Conquest of Wales But when King Edward the First came in person with his Army thither kept his Residence and Court there made the reducing of Wales an enterprize of his own he finished that work in a Year or two whereof the Lords Marchers had not perform'd a third part with their continual Bordering War for two hundred Years And withall we may observe that though this King had now the Dominion of Wales in jure proprietatis as the Statute of Rutland affirmeth which before was subject unto him but in jure feodali And though he had lost divers principal Knights and Noble men in that War yet did he not reward his Servitors with whole Countries or Counties but with particular Mannors and Lordships As to Henry Lacie Earl of Lincoln he gave the Lordship of Denbigh and to Reighnold Gray the Lordship of Ruthen and so to others If the like course had been used in the winning and distribuiting of the Lands of Ireland that Island had been fully conquered before the Continent of Wales had been reduced But the truth is when private men attempt the Conquest of Countries at their own charge commonly their enterprizes do perish without success as when in the time of Queen Elizabeth Sir Thomas Smith undertook to recover the Ardes and Chatterton to reconquer the Fues and Orier The one lost his Son and the other himself and both their Adventures came to nothing And as for the Crown of England it hath had the like Fortune in the Conquest of this Land as some Purchasers have who desire to buy Land at too easie a Rate they find those cheap Purchasers so full of trouble as they spend twice as much as the Land is worth before they get the quiet possession thereof And as the best policy was not observed in the distribution of the Conquered Lands That the first English Adventurers in Ireland were deceived in the choice of the fittest places to settle their Plantations in so as I conceive that the first Adventurers intending to make a full Conquest of the Irish were deceived in the choice of the fittest places for their Plantation For they sate down and erected their Castles and Habitations in the Plains and open Countries where they found most fruitful and profitable Lands and turned the Irish into the Woods and Mountains Which as they were proper places for Out-laws and Thieves so were they their Natural Castles and Fortifications thither they drave their preys and stealths there they lurkt and lay in wait to do mischief These â—â—st places they kept unknown by making the ways and entries thereunto impassable there they kept their Creaghts or Herds of Cattle living by the Milk of the Cow without Husbandry or Tillage there they encreased and multiplyed unto infinite numbers by promiscuous generation among themselves there they made their Assemblies and Conspiracies without discovery But they discovered the weakness of the English dwelling in the open plains and thereupon made their Sallies and Retreats with great advantage Whereas on the other side if the English had builded their Castles and Towns in those places of fastness and had driven the Irish into the plains and open Countries where they might have had an eye and observation upon them the Irish had been easily kept in order and in short time reclaimed from their wildness There they would have used Tillage dwelt together in Town ships learned Mechanical Arts and Sciences The Woods had been wasted with the English Habitations as they were afterwards about the Forts of Mariborough and Philipston which were built in the fast places in Leinster and the ways and passages throughout Ireland would have been as clear and open as they are in England or Ireland at this day Having thus far recounted the manifold defects mischiefs and impediments that both in the Civil and Martial Affairs so long obstructed the ful Conquest of Ireland I should have here also briefly recited the many good Laws and Ordinances made and enacted from time to time by the Kings of England and the Parliaments in Ireland for redressing the said mischiefs and inconveniences but all fair endeavours and purposes of this kind proving abortive and ineffectual for want of the Sovereign Sword as well as the Royal Scepter to put the same in execution I shall now onely set forth the Nature of the Irish Customs with the evil Consequences thereof and then proceed to a conclusion of this discourse containing those Affairs that shall appear most remarkable in the reigns of Queen Elizabeth King James and King Charles the First and especially in the Reign of our present Gratious Sovereign King Charles the Second in order to the Reformation and good Government of this Realm If we consider the Nature of the Irish Customs The Nature of the Irish Customs destructive to all good Government we shall find that the people which doth use them must of necessity be Rebels to all good Government destroy the Common-Wealth wherein they live and bring Barbarisme and Desolation upon the richest and most fruitful Land of the World For whereas by the just and honorable Law of England and by the Laws of all other well governed Kingdoms and Common-wealths Murder Manslaughter Rape Robbery and Theft are punished with Death By the Irish Custom or Brehen Law the highest of these offences was punished onely with Fine which they called an Erick Therefore when Sir William Fitz-Williams being Lord Deputy told Maguire that he was to send a Sheriff into Farmannagh being lately before made a County your Sheriff said Maguire shall be welcome to me but let me know his Erick or the price of his head before hand that if my people cut it off I may cut the Erick upon the Country As for Oppression Extortion and other trespasses the weaker had never any remedy against the stronger whereby it came to pass that no man could enjoy his Life his Wife his Lands or
bear unto the English Nation seemed now to be quite deposited and buried in a firm conglutination of their affection and National Obligations passed between them The two Nations had now lived together forty years in peace with great security and comfort which had in a manner consolidated them into one Body knit and compacted together with all those Bonds and Ligatures of Friendship Alliance and Consanguinity as might make up a constant and perpetual Union betwixt them Their inter Marriages were frequent Gossipred Fostering relations of much dearness among the Irish together with all others of tenancy neighbourhood and service interchangably passed amongst them Nay they had made as it were a kind of mutual transmigration into each others manners many English being strangely degenerated into Irish affections and customs and many Irish especially of the better sort having taken up the English Language Apparel and decent manner of living in their private houses And so great an advantage did they find by the English Commerce and Cohabitation in the profits and high improvements of their Lands and native commodities so incomparably beyond what they ever formerly enjoyed or could expect to raise by their own proper industry as Sir Philemon O Neal and many others of the prime Leaders in the last Rebellion had not long before turned their Irish tenants off their Lands while they took on English who were able to give them much greater rents and more certainly pay the same A matter that was much taken notice of and esteemed by many as most highly conducing to the security of the English interests and Plantation amongst them But behold a fatal day approaching when least expected wherein this great League of friendship was broken This great League of friendship betwixt the English and the Irish dissolved by the breaking out of the Rebellion Octob. 23. 1641. when least suspected A fatal day I must confess to the English but much more fatal to the Irish in that they destroyed thereby not only themselves but the greatest part of their posterity I say when least expected because that the Irish Army raised for the invasion of the Kingdom of Scotland being peaceably disbanded their Arms and Munition by the singular care of the Lords Justices and Councel brought into his Majestes stores within the City of Dublin there was no manner of warlike preparations no relicks of any kind of disorders proceeding from the late Levies nor indeed any noise of War remaining within those coasts Now while in this great calm the Brittish continued in a most deep security under the assurance of the blessed peace of that Land while all things were carried on with great temper and moderation in the present Government and all men sate pleasantly enjoying the comfortable fruits of their own labours without the least thoughts or apprehension of either tumults or other troubles the differences between his Majesty K. Charles the First and his Subjects of Scotland being about that time fairly composed and setled There brake out upon the 23d of October 1641. a most desperate and formidable Rebellion an universal defection and general Revolt whereiâ— not onely all the meer Irish but almost all the old English that adhered to the Church of Rome werâ— totally involved Whereupon all bonds and ties of faith and friendship being broken Whereupon unexpressable cruelties were practised by the Irish against the English in Ireland the Irish Landlords by the instigation of their Popish Priests made a prey of their English tenants Irish tenants and servants a sacrifice of their English Landlords and Masters one Neighbour cruelly murdered by another Nay the Irish children in the very beginning fell to strip and kill English children all other relations were quite cancelled and laid aside and it was now esteemed a most meritorious work in any of them that could by any means or ways whatsoever bring an English man to the Slaughter A work not difficult to be compassed as things then stood The intermixing of the English among the Irish a main cause of their sudden destruction For they living promiscuously amongst the British in all parts having from their Priests received the Watch-word both for time and place rose up as it were actuated by one and the same spirit in all places in those Countries where it first began in the Province of Vlster at one and the same point of time and so in a moment fell upon them murdering some stripping or expelling others out of their habitations This bred such a general terrour and astonishment amongst the English as they knew not what to think much less what to do or which way to turn themselves Their servants were killed as they were plowing in the fields Husbands cut in pieces in the presence of their Wives their Childrens brains dashed out before their faces others had all their Goods and Cattle seized and carried away their Houses burnt their habitations laid waste and all as it were at an instant before they could suspect the Irish for their enemies or any ways imagine that they had it in their hearts or in their power to offer so great violence or do such mischief unto them The rage of the Irish grew to that height of malice as to hate the very English Language and their Cattle Nay they grew at last to that height of Malice that some of the Irish would not endure the very sound of the English Language but would have penalties inflicted upon them that spake English and all the English names of places changed into the old Irish denominations Others professed that they would not leave an English man or woman alive in the Kingdom but that all should be gone no not so much as an English Beast or any of the breed of them in many places killing English Cows and Sheep meerly because they were English and in some places cutting off their legs or taking out a piece out of their buttocks and so let them remain still alive in torture We shall find in the Roman story All bands of friendship and humanity violated in this great contest betwixt the Irish and the English during the several cruel contestations betwixt Marius and Scilla when their factious followers filled the whole City of Rome with streams of blood strange and most incomparable passages of friendships one exposing himself to all manner of dangers for the preservation of his friend of a contrary faction servants willingly sacrificing themselves to save the lives of their beloved Masters But here on the contrary what open violation of all bands of humanity and friendship no contracts no promises observed quarter given in the most solemn manner with the greatest Oathes and severest execrations under hand and Seal suddenly broken The Irish Landlords making a prey of their English Tenants the Irish Servants betraying their English Masters and every one esteeming any Act wherein they could declare their hatred and malice most against any of the Brittsh Nation as
c. born Subjects to the Crown of England paying ever to the King his Duties reserved Title to Meth. Hugh de Lacy Conquerour of Meth had Issue Walter de Lacy who held the same of King John paying a Fine of four thousand Marks Sterling and hence began all the several Claims there with Alegiance sworn and done by their Ancestors Title to Mounster At the very first arrival of Henry the Second the Princes of Mounster came universally and did homage voluntarily and acknowledged to him and his Heirs Duties and pays for ever John de Courcy Conquerour and Earl of Vlster dyed without Issue Title to Ulster Connaght King John Lord of Ireland gave the Earldome to Hugh de Lacy who who had Issue Walter and Hugh who died without Issue and one Daughter married to Reymond Burke Conquerour and Lord of Connaght Connaght descended to divers Heirs owing service to the Prince but Vlster returned by devolution to the special Inheritance and the Revenues of the Crown of England in this manner The said de Burgo had Issue Richard who had Issue John who had Issue William who was slain without Issue and a Daughter Elizabeth entitled to thirty thousand Marks yearly by the Earldome of Vlster whom Edward the Third gave in marriage to Lionel his second Son Duke of Clarence who had Issue a Daughter Philippe married to Edward Mortimer who had Issue Edmund Anne Elianor Edmund and Elianor died without Issue Anne was married to Richard Earl of Cambridge Son to Edmund of Langley Duke of York fift Son to Edward the Third which said Richard had Issue Richard Plantaginet Father to Edward the Fourth Father to Elizabeth Wife to Henry the Seventh and Mother to Henry the Eighth Father to Mary Edward the Sixth and Elizabeth Several Claims to the Land of Ireland Several claims to the Land of Ireland 1. Mac Gil-murrow King of Ireland with all his Petty Princes Lords and Captains summoned to King Arthurs Court held in Carlion Anno 519. did accordingly their homage and attended all the while his great Feast and Assembly lasted 2. The Monarch of all Ireland and all other both Reges and Reguli for them and for theirs for ever betook themselves to Henry the Second An. Dom. 1172. namely those of the South whiles he lay at Waterford Dermot K. of Corke which is the Nation of the Mac Cartyes at Cashel Donald K. of Limrick which is the Nation of the Obrenes Donald K. of Ossory Mac Shaghlon King of Ophaly at Divelin did the like Okernel King of Vriel Ororick King of Meth Roderick King of all Ireland and of Connaght This did they with consents and shouts of their People and King Henry returned without any Battle given Only Vlster remained which John de Courcy soon after conquered and Oneale Captain of all the Irish there came to Dublin to Richard the Second An. 1399. and freely bound himself by Oath and great Sums of Money to be true to the Crown of England 3. The same time O Brien of Thomond Oconar of Connaght Arthur Mac Murrow of Leinster and all the Irish Lords which had been somewhat disordered renewed their Obedience 4. When Ireland first received the Christian Faith they gave themselves into the Jurisdiction both Spiritual and Temporal of the See of Rome The Temporal Lordship Pope Adrian conferred upon Henry the Second and he gave the same to John his younger Son afterwards King of England and so it returned home to the Crown 5. Alexander the Third confirmed the Gift of Adrian as in both their Charters is expressed at large 6. Vivian the Legate on the Popes behalf did Accurse and Excommunicate all those that fell from the Obeysance of the Kings of England 7. The Clergy twice Assembled once at Cashell secondly at Armagh plainly determined the Conquest to be Lawful and threatnad all people under pain of Gods and holy Churches indignation to accept of the English Kings for their Lords from time to time 8. It would ask a Volume to recite the Name of such Irish Princes who since the Conquest have continually upon Occasions Revolts or Petitions sworn Truth and Faith to the Kings of England and from time to time received Honors Wages Fees Pardons and made Petitions And thus I think no reasonable man will doubt of a Right so old so continued so ratified and so many ways confessed The Kings Revenue in Ireland was spent and wholy exhausted in the publick service and therefore The Kings Revenue in Ireland wholy spent on that Kingdome in all the ancient Pipe-Rolls in the times of King Henry the Third Edward the First Edward the Second and Edward the Third between 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 here I may well take occasion to shew the vanity of that which is reported in the Story of Walsingham touching the Revenue of the Crown in Ireland which he saith did amount to thirty thousand Pounds a year in the time of King Edward the Third The vain story of 30000 l. yearly Revenue in E 3ds time refuted If this Writer had known that the Kings Courts had been established in Ireland more than a hundred years before King Edward the Third was born or had seen either the Parliament Rolls in England or the Records of the Receits and Issues in Ireland he had not left this vain report to Posterity for both the Benches and Exchequer were erected in the twelfth year of King John And it is Recorded in the Parliament Rolls 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 received no benefit of his Land in Ireland considering he possessed more there than any of his Ancestors had before him Now if the King at that time when there were no standing Forces maintained there had received thirty thousand pounds yearly at his Exchequer in Ireland he must needs have made profit by that Land considering that the whole charge of the Kingdome in the 47th year of Edward the Third when the King did pay an Army there did amount to no more than eleven thousand and two hundred pounds per Annum as appeareth by the Contract of William Winsore Besides it is manifest by the Pipe-Rolls of that time whereof many are yet preserved in Breminghams Tower and are of better credit than any Monks story that during the Reign of King Edward the Third the Revenue of the Crown of Ireland both certain and casual did not rise unto ten thousand pound per Annum though the medium be taken of the best seven years that are be found in that Kings time The like Fable hath Hollingshead touching the Revenue of the Earldome of Vlster which saith he in the time of King Richard the Second was thirty thousand Marks by the year Whereas in
truth though the Lordships of Connaght and Meath which were then parcel of the Inheritance of the Earl of Vlster be added to the Accompt the Revenue of that Earldome came not to the third part of that he writeth For the Accompt of the Profits of Vlster yet remaining in Breminghams Tower made by William Fitz-Warren Seneschall and Farmer of the Lands in Vlster seized into the Kings hands after the death of Walter de Burgo Earl of Vlster from the fifth year of Edward the Third until the eighth year do amount but to nine hundred and odd pounds at what time the Irishry had not made so great an invasion upon Earldome of Vlster as they had done in the time of King Richard the Second As vain a thing it is that hath been seen written in an ancient Manuscript touching the Customes of Ireland in the time of King Edward the Third that those duties in those days should yearly amount to ten thousand Marks which to search and view of the Records there can justly be controlled For upon the late reducing about the beginning of King James his Reign of this ancient Inheritance of the Crown which had been deteined in most of the Port Towns of that Realm The Customs of Ireland of little value till King James his Reign being but 1000 l. per An. for the space of one hundred years and upwards some pains being taken to visit all the Pipe Rolls wherein the Accompts of Customs are conteined those duties were found to be answered in every Port for two hundred and fifty years together but could not find that at any time they did exceed a thousand Pounds per Annum and no marvel for the Subsidy Poundage was not then known and the greatest profit did arise by the Cocquet of Hides for Wooll and Wooll-fells were ever of little value in that Kingdome till of late The Profit of the Custome-house in Ireland in the last year of King James his Reign did amount to thirty thousand Pounds per Annum The Customes of Ireland advanced to 30000 l. per An. in the last year of K. James his Reign And what great improvements were made thereof by the Earl of Strafford in the time of his Government I cannot find because they fell together with him But what that branch of the Revenue now comes to together with the rest paid yearly to his Majesties Exchequer in Ireland I shall here render a particular account of which at first view considering that Countrey is not yet half Planted with People may be much wondred at But when I call to mind Sir Audley Mervyns expressions Speaker of the House of Commons in Ireland delivered in a Speech of his to his Grace the Duke of Ormond then Lord Lieutenant of that Kingdome Feb. 13. 1662. being these viz. That they did understand the usual proceedings of Parliaments to begin at Grievances and to conclude with Supplies But that they had inverted that Order by applying themselves in the first place to the settling a constant Revenue for his Majesty and granting other Temporary Aides far above their Abilities though far less than what his Majesties goodness might challenge from them then the wonder ceases for as I have already observ'd while the Popish Irish party bore sway in the Publick Assemblies of that Realm they appeared averse not only to contribute towards the Publick Charge unless upon their own Terms though the occasions were never so urgent and they in a condition more able to discharge the same than now of late But repented themselves of those good Acts they had once consented to in this kind in order to his Majesties Service which they evidently expressed by their forward accepting the abatement of the fore-mentioned Subsidies in the Earl of Straffords time from forty thousand Pounds each Subsidy to twelve thousand pounds a piece An Act far different from the behaviour of those Loyal English hearts in the Reign of Queen Elizabeth who contributed so freely to supply her Majesties necessities in the Publick Concern as that sometimes she refused their kindnesses accounting the Money in the purses of her good Subjects to be as ready for her Service when occasion required as if they had been lock'd up in her own Coffers The particulars of his Majesties present Revenue in Ireland The particulars of his Majesties present Revenue in Ireland amounting to 219500 l. according the Demise made by King Charles the Second to John Forth and his Partners by Indenture bearing date July 12. 1669. are as followeth viz. His Revenue arising by Hearth-Money Licenses to Retail Wine and Strong-Waters the New Quit-Rents given to his Majesty by the Acts of Setlement and Explanation the Chief Rents Fee Farm Rents Rent-Service Rent-Charge Rents See Rents reserved upon Leases exceeding one and twenty years Copy hold and all other antient Crown Rents set for seven years commencing at Christmas 1668. rendring yearly for the same ninety one thousand and five hundred Pounds And his Majesties Revenue arising by Customes and imported Excise set for six years commencing at Christmas An. 1669. rendering yearly seventy five thousand Pounds And his Majesties Revenue arising by Inland Excise and by Licenses to retaile Ale and Beer set for four years and three quarters from March 25. 1671. rendering yearly fifty three thousand Pounds for the first four years and thirty nine thousand seven hundred and fifty three thousand Pounds during the last three quarters amounting in the whole yearly to two hundred nineteen thousand five hundred Pounds The Grant made to the Lord Ranelagh of all the Revenue of Ireland continues to Decemb. 26. 1675. So that by this we may see in part what hopeful advantages are like in time to accrew to the Crown of England by having Ireland for the most part inhabited by Protestant British Planters whose Loyalty and Industry will I make no doubt cause that Kingdome to become in a short time a most flourishing Countrey A Table for Reducing Plantation Acres into English and Ascertaining the Kings Rent in the several Provinces of IRELAND according to the Explanatory Act viz. For every English Statute Acre in the Province of Leinster 3 d. Munster 2 d. ob Connaght 1 d. q. Vlster 2 d Irish English Acres Leinster Munster Vlster Connaght Ir. A. En. A. R. P. Pts. l. s. d. q. l. s. d. q. l. s. d. q. l. s. d. q. 1 1 2 9 21 0 4 3 0 3 3 0 3 1 0 2 2 2 3 0 38 42 0 9 3 0 7 1 0 6 2 0 4 3 3 4 3 17 63 1 2 2 0 11 0 0 0 3 0 7 1 4 0 1 36 84 1 7 2 1 2 2 1 1 0 0 9 3 5 8 0 15 105 0 2 1 1 6 1 1 4 1 1 0 0 6 9 2 35 5 2 5 1 1 9 3 1 7 2 1 2 2 7 11 1 14 26 2 10 0 2 1 2 1 10 3 1 5 0 8 12 3 33 44 3 2 3 2 5 1 2 2 0 1 7
Henry the Seconds time and soon after p. 23. That when the Roman Generals had with the publick charge Conquered many Kingdoms and Common-wealths they were rewarded with honorable Offices and Triumphs and not made Lords and Proprietors of whole Kingdoms and Provinces p. 31. That William Duke of Normandy in the Conquest of England which he made his own work distributed sundry Lordships and Monnors unto his followers but gave not away whole Shires and Counties as was done in Ireland in Demesne to any of his Servitors whom he desired to advance p. ib. The like did Edward the First in the Conquest of Wales p. 32. That as the best policy was not observed in the distribution of the Conquered Lands in Ireland by the first English Adventurers so were they deceived in the choice of the fitttest places to settle their Plantations in p. 34. That the Nature of the Irish Customs are such that of necessity they make those people Rebels who make use of the same to all good Government and to the destruction of the Common-wealth wherein they live p. 37. That the frequent Rebellions in Ireland in Queen Elizabeths Reign especially that notorious one of the Earl of Tyrone and his Adherents chiefly fomented by the Pope and the King of Spain did so far provoke the Queen as that she made an absolute Conquest of the Irishry p. 44 That upon the finishing of the said Conquest to the end the long for wished perpetual Peace and Settlememt of that Kingdom might be established on firm foundations 't was propounded as the fittest expedient that all the forfeited Lands in Ireland might be disposed of to such English as should be brought out of England to plant the same paying thereout yearly by way of Quit-Rent a reasonable consideration to the Crown of England towards the maintenance of a Standing Army in Ireland p. 46. The same method being observed by the Romans to continue their Conquered Couâ—tries in due Obedience to them And which should also have been also put in practice by the first English Conquerors of the Realm of Ireland p. 48. That all such Irish who had forfeited the said Lands were to be transplanted from one Province into another and to become only Tenants to the English p. 50. That King James being swayed by wilder Councels wholy waving the Transplantation of laying hold on the said forfeited Lands did by an Act of Olivion remit all manner of offences committed against the Crown by the said Earl of Tyrone and the rest of the Irish which mild resolution of his was like to be soon after ill requited by the said Earl and his Adherents who practicing a new Rebellion in the North of Ireland and failing therein fled upon the guilty conscience thereof to the Spanish Netherlands giving thereby an excellent opportunity to settle a brave British Plantation within the fix forfeited Counties in the Province of Ulster p. 50 51. How far King James proceeded in the Reformation and Settlement of Ireland by dividing the same into Counties and thereby consequently making way for the Laws of England to be put in execution in all parts of the Kingdome and by ascertaining also all mens Estates according to English tenure c. with many other publick Acts tending to the future good Government and welfare of that Realm p. ib. That notwithstanding all those excellent Constitutions yet the foundation of that settlement of Ireland not long after received a shake by the Irish denying to contribute towards the maintenance of a standing Army in Ireland An. 1627. except they might first obtain a Tolleration of the Romish Religion though the Lord Primate Usher in a set Speech in the presence of the Lord Deputy Falkland made use of many strong Arguments and reasons to press them thereunto p. 53. That the loss of this rare opportunity by the Irish to express the height of their Loyalty to his Majesty of England can never be sufficiently repented of by them p. 54. That the Lord Primate Usher wisely foresaw a storm impending which was not long after unhappily verified by the bloody Rebellion in Ireland Anno 1641. without the least provocation given by the English to the Irish to perpetrate so wicked an Act wherein were barbarously destroyed in a very short space of time by the Sword and Famin above a hundred and fifty thousand Protestants p. 54 to 64. That the English could not obtain an opportunity to be throughly revenged on the Irish for their inhumane slaughtering of their Country-men till the year 1649. from what time within the compass of about three years it is conceived there was not left undestroyed by the Sword Plague and Famin above the eighth part of all the Irish Nation Being a just judgment of God fallen upon them for their impious carriage towards the poor Protestant British Planters p. 66. That the Irish Nation being thus broken all the Romish-Irish Proprietors were commanded upon pain of death by a certain day to transplant themselves from the Provinces of Lynster Munster and Ulster into the Province of Connaght and County of Clare which was performed accordingly p. 67. A brief description of the admirable Strength of the Province of Connaght as well by Art as Natuâ—e As also of the lamentable waste condition all Ireland was reduced unto in the close of the War An. 1652 1653. p 67 to 70. That immediately after the said Transplantation of the Irish being in the year 1653. certain Regiments of the English Army were disbanded and setled upon the Lands fallen by Lot to them for their Arrears within the Provinces of Lynster Munster and Ulster p. 68. c. That both English and Irish within three years after were setled upon their respective proportions of Land assigned to them or fallen by Lot in all parts of Ireland p. 68 69. That within three years ensuing the said Settlement there appeared a strange alteration in the general state of Ireland from a most ruinous to a reviving Common-wealth p. 70 71. That as his Majesties Restauration crowned the joy of oll the English in Ireland so it did as much deject the Irish who immediately expected thereupon to be generally restored to their former Estates p. 72. What alteration hapened to the Settlement of Ireland since his Majesties Restauration p. 73 216 c. How that that perpetual Peace and Settlement of Ireland which was so solidly discoursed of and stoutly fought for in Queen Elizabeths Reign and very far proceeded in King James his time Is now fully perfected and confirmed by our Gracious Sovereign King Charles the Second to the glory of God and the great honor and profit of his Majesty and security of his three Kingdoms p. 74 to 79. THE CONTENTS OF THE Second Part. OF the Name of Ireland and its Climate p. 80. Of its Dimension p. 81. Of the Division Form Aire and Commodities of the Province of Lynster p. 82. Of Munster p. 84. Of Ulster p. 87. And of Connaght
the policy of the King of Meth the only Irish Prince then in favour with the Tyrant These Northern Nations were the first that brought the Irish acquainted with Traffick and Commerce and with building of Castles and Fortresses only upon the Sea-coasts having hitherto known no other defence but Woods Boggs or Stoakes And last of all by the English in K. Henry 2ds reign An. 1172. After this the Roytelets or petty Princes enjoying their former Dominions till the year 1172. in which Dermot Mac Morogh King of Lynster having forced the Wife of Maurice O Rorke King of Meth was driven by him out of his Kingdome who applying himself to Henry the Second of England for succor received Aid under the leading of Richard de Clare Sir-named Strongbow Earle of Pembroke to be restored to his Kingdom by whose good success and the rest of the Adventurers upon the Arrival of Henry the Second in Ireland his very Presence without drawing his Sword prevailed so far as that all the petty Kings or great Lords within Lynster Connaght and Munster submitted themselves unto him promising to pay him Tribute and acknowledging him their chief and Soveraign Lord But as the Conquest was but slight and superficial so the Irish Submissions were but weak and fickle assurances to hold in Obedience so considerable a Kingdom for no sooner were the Kings of Englands backs turned but the Irish returned to their former Rebellions and the Kings of England had here no more power or profit than the great ones of the Country were pleased to give them for they governed their People by the Brehon Law they made their own Magistrates and Officers pardoned and punished all Malefactors within their several Countries made War and Peace one with the other without controulment and this they did not only during the Reign of King Henry the Second but also in the times succeeding even until the Reign of Queen Elizabeth which Conquest became thus imperfect by reason of two great Defects first in the faint prosecution of the War and next in the loosness of the Civil Government The Conquest of Ireland by the English imperfect till of late by reason of two defects viz. first faint Prosecution of the War the Causes of it As touching the carriage of Martial Affairs from the seventeenth year of King Henry the Second at what time the first overture was made for the Conquest of Ireland until the nine and thirtieth year of Queen Elizabeth when that Royal Army was sent over to suppress the the Rebellion of Tyrone which in the end made an universal and absolute Conquest of all the Irishry It is very evident that the English either raised here or sent hither from time to time out of England were alwaies too weak to Subdue and Master so many Warlike Nations or Septs of the Irish as did possess this Island and besides their weakness they were ill paid and worse Governed And if at any time there arrived out of England an Army of competent strength and power it did rather terrifie than break or subdue this People being ever broken and dissolved by some one accident and impediment or other before the perfection of the Conquest of it as namely Henry the Second by the Rebellion of his Sons King John Henry the Third and Edward the Second by the Barrons Wars Edward the First by his Wars in Wales and Scotland Edward the Third and Henry the Fift by the Wars of France Richard the Second Henry the Fourth Henry the Sixth and Edward the Fourth by Domestick contention for the Crown of England it self Richard the Third not worth mentioning as having never got the quiet possession of England but was cast out by Henry the Seventh within two years and an half after his Usurpation And Henry the Seventh himself though he made the happy Union of the two Houses of York and Lancaster yet for more than half the space of his Reign there were walking Spirits of the House of York which he could not conjure down without the expence of some Bloud and Treasure Henry the Eighth was diverted by his two Expeditions into France at the first and latter part of his Reign and in the middle thereof wholly taken up with the troubles created to him by the great alteration of Ecclesiastical Affairs And lastly the Infancy of King Edward and the Coverture of Queen Mary which were both not-abilities in Law did likewise in fact disable them to accomplish the Conquest of Ireland so that all the Kings of England coming thus far short as to the perfecting of the true Conquest of Ireland let us examine what other impediments were given thereunto in point of Martial Affairs by the Adventurers themselves that first undertook the Conquest of this Kingdom upon their own account That the first English Adventurers had good success in Ireland during the first forty years It doth appear that for the space of about forty years after the first landing of the English in Ireland till the seventeenth year of King John during all which time there was no Army transmitted out of England to finish the Conquest of Ireland that the Adventurers and Colonies already planted there proceeded with so much good success as they gained very large portions of ground in every Province As namely the Earl of Strongbow by his Marriage with the Daughter of Mac Morrogh in Lynster the Laâ—ies in Meth the Giraldines and other Adventurers in Munster the Andeleyes Gernons Clintons Russels and other Voluntaries of Sir John de Courcies retinue in Vlster and the Bourkes planted by William Fitz-Adelme in Connaght The English Colonies being thus dispersed through all the Provinces of Ireland were necessitated But being necessitated for a long time to maintain a bordering War against the Irish at the charge of the English Planters from the twelfth year of King John till the six and thirtieth year of King Edward the Third being about an hundred and fifty years to maintain a continual bordering War between them and the Irish without receiving during all that time any supply either of Men or Money out of England to manage the same So that all the chief Governours of the Realm and the English Lords who had gotten such great Possessions and Royalties as that they presumed to make War and Peace at their pleasure without the least advice or direction from the State being forced to levy all their Forces within the Land who being ill Paid and worse Governed it so came to pass the publick Revenues of Ireland being then inconsiderable to sustain such a charge that as well the Ordinary Forces which stood continually as the extraordinary which were levied by the chief Governour upon Journeys and general Hostings were for the most part laid upon the poor Subjects descended of English race which burden was in some measure tollerable during the Reign of King Henry the Third and Edward the First but afterwards became insupportable in the time of King
Edward the Second For Morrice Fitz-Thomas Earl of Desmond being chief Commander of the Army against the Scots began that wicked extortion of Coyn and Livery and pay that is he and his Army took Horse-meat Mans-meat and Money at their pleasure without giving any Ticket or other satisfaction for the same This wicked imposition made High Treason by the Statute of 11. The English Plantations in Ireland began to decay H. 4. became afterwards so habitual and general a fault of all the Governours and Commanders of the Army in this Land that in a short time it inforced because the great English Lords and Captains had power to impose this charge when and where they pleased many of the poor English Free-holders to give unto those Lords a great part of their Lands that they might hold the rest free from that extortion And many others not being able to endure so intollerable a burthen did utterly quit their Free-holds and returned into England by means whereof the English Colonies did soon grow poor and feeble and the English Lords became rich and mighty for having placed Irish Tenants upon the Lands relinquished by the English upon whom they levied all Irish exactions and with whom they married fostered and made Gossips so as within one age both English Lords and Free-holders became degenerate and meer Irish in their Language Apparel Arms and manner of fight and all other Customs of life whatsoever That Morrice Fitz-Thomas Earl of Desmond was the first began that wicked Custome of Coyn and Livery But that I may not quit my self so soon of this subject before I give a more particular satisfaction to the Reader touching the evil consequences that ensued upon the general practice of this wicked Extortion of Coin and Livery which indeed was one of the chiefest causes of the sudden decay and ruine of the first English Colonies in Ireland he may be pleased to understand that the forementioned Thomas Fitz-Morrice Earl of Desmond did soon by these oppressive courses grow from a mean to a mighty Estate in so much that his ancient inheritance being not one thousand Marks yearly he became able to dispend every way ten thousand pound per Annum These possessions being thus unlawfully gained could not be maintained by the just and honorable Laws of England which would have restored the true owners to their Land again And therefore this Great Man found no better means to continue and uphold his ill purchased greatness then by rejecting the English Laws and Government and assuming in lieu thereof the barbarous Customs of the Irish whereupon followed the defection of those four Counties Which proved the utter ruine of the first English Colonies in Ireland except those within the Pale containing the greatest parts of Munster viz. Kerry Limrick Cork and Waterford from the obedience of the Law and so successively by the same means and much about the same time the rest of the English Lords and Free-holders in Ireland except those of the English Pale fell away from the English Law and Government in the end of King Edward the Second's Reign and in the beginning of King Edward the third And truly it is here a fit subject of wonder All the English Colonies in Ireland except those within the Pale degenerate into meer Irish manners to consider to what height of baseness the English arrived unto by this defection in so much as within less time then the Age of a Man they had no marks or differences left amongst them of that Noble Nation from which they were descended for they did not onely forget the English Language and scorn the use thereof but grew to be ashamed of their very English Names though they were Noble and of great Antiquity and took Irish Sir-names and Nick-names Namely the two most potent families of the Bourkes in Connaght after the house of the Red Earl failed of Heirs Males called their Chiefs Mac William Eighter and Mac William Oughter In the same Province Bremingham Baron of Athenry called himself Mac Yeoris D'Execester or d' Exon was called Mac Jordan Mangle or d' Angulo took the name of Mac Costello Of the inferiour Families of the Bourks one was called Mac Hubbard another Mac David In Munster of the great Families of the Geraldines planted there one was called Mac Morrice chief of the house of Lixnaw and another Mac Gibbon who was also called the White Knight The chief of the Baron of Dunboyns house who is a branch of the House of Ormond took Sir-names of Mac Pheris Condon of the County of Waterford was called Mac Majoke and the Arch-Deacon of the County of Kilkenny Mac Odo And this they did in contempt and hatred of the English Name and Nation of whom these degenerated Families became more mortal enemies then the meer Irish The Native Subjects of Ireland The Civil War of York and Lancaster furthered the ruine of the English Colonies in Ireland of English Race in Henry the 6th's time seeing the Kingdome thus utterly ruined passed in such numbers into England as one Law was made there to transmit them back again and another Law made in Ireland to stop their passage in every Port and Creek And as one ill fortune happens in the neck of another the greatest part of the Nobility and Gentry of Meth past over afterwards into England and were slain with Richard Duke of York who had been long Lord Lieutenant of Ireland at the Battle of Wakefield in York-shire after whose death while the Wars between the two Houses of York and Lancaster were in their heat almost all the good English blood which was left in Ireland was spent in these civil dissentions so as the Irish became Victorious over all without blood or sweat except onely that little Canton of Land as aforesaid called the English Pale containing the Counties of Dublin Louth Kildare and Meth which last hath since the time of King Henry the Eight been subdivided into three Counties that is to say East-Meath West-Meath and Longford which onely maintained a bordering War and retained the form of an English Government so that by the fourteenth of King Edward the Fourth the State of Ireland was grown to so low an ebbe upon an English account that at their erecting a Fraternity of men of Armes called the Brotherhood of S. George for the defence of the said Pale they exceeded not in number above 200. being all the standing Forces that were then in Ireland and as they were Natives of the Kingdom so the Kingdom it self did pay their wages without expecting any Treasure out of England However the great Lords of the natural Irish and degenerate English being divided into many factions and never conjoyned in any one principle of common interest and thereby consequently becoming very inconsiderable this small spot of ground was valiantly maintained for a long time by the weak but united Forces of the Kings of England Having proceeded thus far in examining
Goods in safety if a mightier man then himself had an appetite to take the same from him Wherein they were little better then Cannibals who do hunt one another and he that hath most strength and swiftness doth eat and devour all his followers Again In England and all well ordered Common-wealths men have certain Estates in their Lands and possessions and their inheritances descend from Father to Son which doth give them an encouragement to Build and Plant and to improve their Lands and to make them better for their Posterities But by the Irish Custome of Tanistry the Chieftains of every Country and the Chief of every Sept had no longer Estate then for life in their Chieferies the inheritance whereof did rest in no man And these Chieferies though they had some portions of Land allotted to them did consist chiefly in Cuttings and Cosheries and other Irish Exactions whereby they did spoil and impoverish the People at their pleasure And when their Chieftains were dead their Sons or next Heirs did not succeed them but their Tanists who were Elective and purchased their Elections by strong hand And by the Irish Custom of Gavelkind the inferiour Tennanties were partible amongst all the Males of the Sept both Bastards and Legitimate and after partition made if any one of the Sept had died his portion was not divided among his Sons but the Chief of the Sept made a new partition of all the Lands belonging to that Sept and gave every one his part according to his antiquity That the Irish Custome of Tanistry made all their possessions uncertain These two Irish Customs made all their Possessions uncertain being shuffled changed and removed so often from one to another by new Elections and partitions which uncertainty of Estates hath been the true cause of such Desolations and Barbarismes in this Land as the like was never seen in any Country that professes the name of Christ For though the Irish be a Nation of great Antiquity and wanted neither Wit nor Valour and though they had received the Christian Faith above twelve hundred years since and were Lovers of Musick and Poetry and all kind of Learning and possessed a Land abounding with all things necessary for the Civil life of man yet which is strange to be related they did never build any houses of Brick or Stone some few poor Religious Houses excepted before the Reign of King Henry the Second though they were Lords of this Island for many hundred years before and since the Conquest attempted by the English Albeit when they saw as Build Castles upon their Borders they did onely in imitation of us erect some few piles for the Captains of the Country yet may it be confidently affirm'd that never any particular person either before or since did build any Stone or Brick House for his private Habitation but such as have lately 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 improve their Lands live together in settled Villages or Towns nor made any provision for Posterity which being against all common sense and reason must needs be imputed to those unreasonable Customs which made their Estates so uncertain and transitory in their possessions For who would plant improve And therefore unwilling to improve or build upon that Land which a stranger whom he knew not should possesse after his death For that as Solomon noteth is one of the strangest vanities under the sun And this was the true reason why Vlster and all the Irish Countries were found so wast and desolate about the beginning of King James's Reign and so would have continued to the worlds end if these Customs were not abolished by the Law of England The ill conconsequences of Gavelkind Custom in Ireland Again That Irish Custome of Gavelkind did breed another mischief for thereby every man being born to Land as well Bastard as Legitimate they all held themselves to be Gentlemen And though their Portions were never so small and themselves never so poor for Gavelkind must needs in the end make a poor Gentility yet did they scorn to descend to Husbandry or Merchandize or to learn any Mechanical Art or Science And this is the true cause why there were never any Corporate Towns erected in the Irish Countries The Maritine Towns in Ireland first built by the Ostmen or Easterlings As for the Maritine Cities and Towns most certain it is that they were Built and Peopled by the Ostmen or Easterlings for the Natives of Ireland never performed so good a work as to build a City Besides these poor Gentlemen were so affected unto their small portions of Land as they rather chose to live at home by Theft Extortion and Coshering then to seek any better fortunes abroad which encreased their Septs or Sir-names into such numbers as there are not to be found in any Kingdome of Europe so many Gentlemen of one Blood Family and Sir-name as there were of late of the O Neals in Vlster of the Bourkes in Cannaght of the Geraldines and Butlers in Munster and Leinster And the like may be said of inferiour Bloods and Families whereby it came to pass in times of trouble and dissention that they made great parties and factions adhering to one another with much constancy because they were tyed together Vinculo Sanguinis whereas Rebels and Malefactors which are tyed to their Leaders by no bond either of Duty or Blood do more easily break and fall off one from another And besides their Co-habitation in one Territory or Country gave them opportunity suddenly to assemble and conspire and rise in Multitudes against the Crown And even till of late in the time of Peace there was found this inconvenience that there could hardly be an indifferent trial had between the King and the Subject or between party and party by reason of this general Kindred and Consanguinity The Irish by their frequent Rebellions became fully Conquered by Queen Elizabeth And now are we arrived at that remarkable time being about the latter end of Queen Elizabeths Reign wherein was laid the foundation of that eternal peace of Ireland so solidly discoursed of and stoutly fought for in her time and soon after very far proceeded in by King James of blessed memory But fully perfected according to all humane appearance by our Gracious Sovereign King Charles the Second for though Queen Elizabeth through the whole course of her Reign studyed by all the ways and means possible she could to retain the Irish Nation in their dutiful obedience to her Howbeit by their frequent Rebellions being often excited thereunto by the Pope and the King of Spain and especially by that last and general one so diligently managed by that notorious and ungrateful Rebel Tyrone and his Adherents they so far provoked her as that by imploying as it were her whole care and strength for the suppression
Affairs of that Kingdome expecting direction from hence the delays whereof were oftentimes through other greater affairs most irksome the oportunities there in the mean time past away and greater danger did often grow which by such timely prevention might easily have been stopped And this is worthily observed by Machiavel in his discourses upon Livie where he commendeth the manner of the Romans Government in giving absolute Power to all their Councellors and Governors which if they abused they afterwards should dearly answer And the contrary thereof he reprehendeth in the States of Venice of Florence and many other Principalities of Italy who use to limit their chief Officers so strictly as that thereby they have oftentimes lost such happy occasions as they could never come unto again The like whereof who so hath been conversant in the Government of Ireland especially during Queen Elizabeths Reign hath too often seen to their great hindrance and hurt That besides the want of Power there were eminent defects observed in the managemet of the publick Affairs of Ireland Besides this want of Power which did hinder the good Reformation of Ireland there were eminent defects noted in the mangement of the publick Affairs of that Kingdom by some of the chief Governors thereof who seeing the end of their Government to draw nigh and some mischiefs and practices growing up which afterwards might work trouble to the next succeeding Governor would not attempt the redress or cutting off thereof either for fear they should leave the Realm unquiet at the end of their Government or that the next that came should receive the same too quiet and so happily win more praise thereof than they before And therefore they would not seek at all to repress that evil but would either by granting protection for a time or holding some emparlance with the Rebel or by treaty of Comissioners or by other like devices only smother and keep down the flame of the mischief so it might not break out in their time of Government what came afterwards they cared not or rather wish'd the worst To this may be added The savoring of the Irish and depressing of the English an ill practice by some of the Lord Deputies of Ireland that when the Irish have been broken by the Sword of one Governour and thereby consequently made fit and capable for subjection another succeeding as it were into his harvest and finding an open way made for what course he pleased bent not to that point which the former intended but rather quite contrary and as it were in scorn of the former and in vain vaunt of his own Councels would tread down and disgrace all the English and set up and countenance the Irish all that he he could thereby to make them more tractable and buxome to his Government wherein he thought much amiss for surely his Government could not be sound and wholsome for that Realm it being so contrary to the former For it was even as two Physicians should take one sick body in hand at two sundry times of which the former would minister al things meet to purge and keep under the body the other to pamper and strengthen it suddenly again whereof what is to be looked for but a most dangerous relapse Therefore by all means it ought to be fore-seen and assured that after once entering into this course of Reformation there be afterwards no remorse nor drawing back for the sight of any such rueful objects as must thereupon follow nor for compassion of their Calamities seeing that by no other means it is possible to cure them and that these are not of will but of very urgent necessâ—ty The Lord Lieutenant The Lord Deputies of Ireland assâ—sted by a Privy Councel or Lord Deputy of Ireland hath for his assistance a Privy Councel attending on him though resident for the most part at Dublin and in emergencies or cases of more difficult nature proceedeth many times in an arbitrary way without formalities of Law Sir Henry Sidney Lord Deputy of Ireland in Queen Elizabeths time The Lords Presidents of Connaght and Mounster instituted in Queen Elizabeths time to enure and acquaint the People of Mounster and Connaght with the English Government again which had not been in use among them for the space of two hundred years before he instituted two Presidency Courts in those two Provinces placing Sir Edward Fitton in Connaght and John Perrot in Mounster The Lord President of Mounster hath one Assistant twelve learned Lawyers and a Secretary CHAP. IV. Of the Title changed from Lord to King of Ireland in the time of Henry the Eighth Of the Titles of the Crown to every part of Ireland and to the whole diverse ways And several claims to the Land of Ireland Of the Revenue and Strength Title altered from Lord to King SIR Anthony Saint-Leger Lord Deputy of Ireland in a Parliament which he held the 33. of Henry 8. caused an Act to pass which gave unto King Henry the Eighth his Heirs 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 Although indeed they were absolute Monarchs thereof and had in right all Royal and Imperial Jurisdiction and Power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher than the name of Lord assuredly the assuming of this Title hath not a little raised the Sovereignity of the Kings of England in the minds of this people And because it hath been doubted by some whether we might Lawfully fight against the Irish I shall for farther satisfaction here insert the Right and Title the Crown of England hath to the Kingdom of Ireland as to every part of it and to the whole divers ways I will begin with the Pedigree of William Earl Marshal Title to Leinster for thereupon depend many Records in Ireland and the King of Englands Right to Leinster Walter Fitz Richard who came from Normandy with William the Conqueror died Lord Strongbow of Strigule alias Chepstow without Issue to whom succeeded his Sisters Son who was created the first Earl of Pembroke and had Issue Richard the inheritor of Leinster by a Covenant and Marriage of Eva the Sole Daughter of Mac Murrough King of Leinster This Richard conveyed to Henry the Second all his Title and held of him the Lordship of Leinster in four Counties Wexford Catherlagh Ossory and Kildare Richard left Issue a Daughter Issabel married to William Earl Marshal of England now Earl of Pembroke Lord Strongbow and Lord of Leinster William had Issue five Sons who died without Issue when every of them except the youngest had successively possessed their Fathers Lands and five Daughters Maud Jone Issabel Sibil and Eve among whom the Patrimony was parted Anno 31. H. 3. Of these Daughters bestowed in Marriage are descended many Noble Houses as the Mortimers Bruises Clares
those parts so as now the whole Kingdome began exceedingly to flourish in costly Buildings and all manner of improvements the people to multiply and increase and the very Irish seemed to be much satisfied with the benefits of that peaceable Government and general tranquility which they so happily enjoyed 6. By the purchase of great quantities of Land by the Eng. in Ireland during the last forty years peace 6. During the continuance of this happy peace which lasted about forty years divers English purchased great quantities of Land in Ireland to plant upon 7. And last of all by that universal and most bloudy Rebellion in the year 1441. the Irish propriety except a few of all the Lands and Towns in the Provinces of Munster 7. Last of all by that universal and most a body Rebellion An. 1641. Leinster and Vlster became forfeited and was as I said disposed of between the Soldiers Adventurers and forty nine men Large proportions of Land were also purchased about the same time by the English in the Province of Connaght from the transplanted Irish at Loughreagh and Athlone so that upon the whole matter according to this account the Irish have by their desperate bloudy endeavours of rooting the English wholy out of Ireland dispossessed themselves and their posterity out of above three parts of four of the whole propriety thereof and therefore afforded the English opportunity and advantage to establish for the future such a firm settlement therein That the English by their late vast acquisitions in Ireland will be the better enabled thereby to breed up able Protestant Lawyers Divines for the service of the Church State of Ireland to the great strengthning of the Civil Government as they could never expect or hope for unless by such an inhumane and uuparalleld provocation Besides those particular advantages the English have obtained by these their late vast acquisitions in Ireland whereof a hint before As namely by having already upon the matter a sufficient number of able Protestants to serve as Parliament men High Sheriffs Justices of the Peace Grand and Petty Juries in most Counties in Ireland This one benefit more will be of no small moment to them which is that by their enjoying such plentiful Estates in that Realm they will thereby the better enabled to breed up a sufficient number of Learned Protestant Lawyers and Divines to serve the Publick which will very much tend to the strengthning of the Civil Government of that Kingdom A considerable part of the Profits whereof while in the possession of the Irish being disposed of for the carrying on of the forreign Education they most pernitiously imployed to the ruine of their own Countrey That the Romish Clergy and the Popish Lawyers were great instruments in the first plotting carrying on the Rebellion An. 1641. For it was observed that there were two sorts of persons who did most eminently appear in laying those main Fundamentals whereupon the bloudy Superstructures of the last Rebellion were afterwards easily reared up And these were such of the Popish Lawyers as were Natives of the Kingdome and those of the Romish Clergy of several degrees and orders For the first they had in regard of their Knowledge in the Laws of the Land very great reputation and trust they now began to stand up like great Patriots for the vindication of the liberties of the Subject and redress of their pretended grievances The Irish Lawyers drew a great party in the house of Commons to adhere to them and having by their bold appearing therein made a great party in the House of Commons then sitting at Dublin some of them did there Magisterially obtrude as undoubted maxims of Law the pernicious speculations of their own brain which though plainly discerned to the full virulency and tending to Sedition yet so strangely were many of the Protestants and well meaning men in the House blinded with an apprehension of ease and redress and so stupified with their bold accusations of the Government as most thought not fit others durst not stand up to contradict their fond Assertions so as what they spake was received with great acclamation and much applause by most of the Protestant Members of the Hou e many of which under specious pretenses of publick Zeal to that that Countrey they had inveigled into their party And then it was that having impeached Sir Richard Bolton Lord Chancellor of Ireland of High Treason together with the prime Officers and Ministers of State that were of English birth some of those great Masters took upon them with much confidence to declare the Law to make new Expositions of their own upon the Text to frame their Queries challenges fitter to be taken to a long wilfully overgrown misgovernment than to be made against an an Authority that had for many years strugled against the beloved irregularities of a stubborne people and which had prevailed far beyond former times towards the allaying of the long continued distempers of the Kingdom They disdained the moderate quallifications of the Judges who gave them modest answers such as the Law and duty to their Sovereign would admit But those would not serve their turn they resolved upon an alteration in the Government and drawing of it wholly into the hands of the Natives which they knew they could not compass in a Parliamentary way and therefore only made preparatives there and delivered such desparate Maxims which being diffused abroad would fit and dispose the people to a change As they declared it to be Law that being killed in Rebellion though found by matter of Record would give the King no forfeiture of Estate that though many thousands stood up in Arms in a Kingdom The Irish Lawyers offer'd to maintain absurd positions in point of Law to promote the Rebellion An. 1641. working all manner of destruction yet if they professed not to rise against the King that it was no Rebellion That if a man were Outlaw'd for Treason and his land thereby vested in the Crown or given away by the King his Heir might come afterwards and be admitted to reverse the Outlawry and recover his Ancestors Estate And many other positions of perilous consequence tending to sedition and disturbance did they continue to publish during that Session and by the power and strength of their party so far did they prevail at last as they presumed to attempt a suspension of Poynings Act anâ— indeed intended the utter abrogation of that Statute which remains as one of the greatest tyes and best monuments the English have of their entire dominion over the Irish Nation and the annexion of that Kingdom to the Imperial Crown of England They farther assumed power of Judicature to the Parliament in Criminal and Capital Offences a Right which no former age hath left any president for neither would this admit the Example And thus carrying all things before them they continued the Session of Parliament begun in May