they are surely most just and most agreeable both with the government and with the nature of the people How falls it then that you seeme to dislike of them as not so meete for that Realme of Ireland and not onely the Common Law but also the Statutes and Actes of Parliament which were specially provided and intended for the onlie benefit thereof Iren. I was about to have told you my reason therein but that your selfe drewe me away with other questions for I was shewing you by what meanes and by what sort the Positive Lawes were first brought in and established by the Norman Conquerour which were not by him devised nor applyed unto the state of the Realme then being nor as yet might best be as should by Lawgivers principally be regarded but were indeed the very Lawes of his owne Countrey of Normandie The condition whereof how farre it differeth from this of England is apparant to every least judgement But to transferre the same lawes for the governing of the Realme of Ireland was much more inconvenient and unmeete for he found a better advantage of the time then was in the planting of them in Ireland and followed th' execution of them with more severity and was also present in person to overlooke the Magistrates and to over awe these subjects with the terrour of his Sword and countenance of his Majesty But not so in Ireland for they were otherwise affected and yet doe so remaine so as the same Lawes me seemes can ill fit with their disposition or worke that reformation that is wished For Lawes ought to be fashioned unto the manners conditions of the people to whom they are meant and not to be imposed upon them according to the simple rule of right for then as I said in stead of good they may worke ill and pervert Iustice to extreame injustice For hee that transferres the Lawes of the Lacedemonians to the people of Athens should finde a great absurditie and inconvenience For those Lawes of Lacedemon were devised by Licurgus as most proper and best agreeing with that people whom hee knew to be enclined altogether to warres and therefore wholly trained them up even from their Cradles in armes and military exercises cleane contrary to the institution of Solon who in his Lawes to the Athenians laboured by all meanes to temper their warlike courages with sweet delightes of learning and sciences so that asmuch as the one excelled in armes the other exceeded in knowledge The like regard moderation ought to be had in tempering and managing of this stubborne nation of the Irish to bring them from their delight of licentious barbarisme unto the love of goodnes and civilitie Eudox. I cannot see how that may better bee then by the Discipline of the Lawes of England for the English were at first as stoute and warlike a people as ever the Irish and yet you see are now brought unto that civillity that no nation in the world excelleth them in all goodly conversation and all the studies of knowledge and humanitie Iren. What they now be both you and I see very well but by how many thornie and hard wayes they are come thereunto by how many civill broiles by how many tumultuous rebellions that even hazzarded oftentimes the whole safety of the kingdome may easily be considered all which they neverthelesse fairely overcame by reason of the continuall presence of their King whose onely person is oftentimes in stead of an Army to containe the unrulie people from a thousand evill occasions which this wretched kingdome for want thereof is dayly carried into The which whensoever they make head no lawes no penalties can restraine but that they doe in the violence of that furie tread downe and trample under foote all both divine and humane things and the lawes themselues they doe specially rage at and rend in peeces as most repugnant to their libertie and naturall freedome which in their madnes they affect Eudox. It is then a very unseasonable time to plead law when Swords are in the hands of the vulgar or to thinke to retaine them with feare of punishments when they looke after liberty and shake off all governement Iren. Then so it is with Ireland continually Eudoxus for the sword was never yet out of their hand but when they are weary of warres and brought downe to extreame wretchednesse then they creepe a little perhaps and sue for grace till they have gotten new breath and recovered their strength againe So as it is in vaine to speake of planting lawes and plotting pollicie till they be altogether subdued Eudox. Were they not so at the first conquering of them by Strongbowe in the time of King Henry the second was there not a thorough way then made by the sword for the imposing of the lawes upon them and were they not then executed with such a mightie hand as you said was used by the Norman Conquerour What oddes is there then in this case why should not the same lawes take as good effect in that people as they did here being in like sort prepared by the sword and brought under by extreamity and why should they not continue in as good force and vigour for the containing of the people Iren. The case yet is not like but there appeareth great oddes betweene them for by the conquest of Henry the second true it is that the Irish were utterly vanquished and subdued so as no enemy was able to hold up head against his power in which their weakenes hee brought in his lawes and settled them as now they there remaine Like as William the Conquerour did so as in thus much they agree but in the rest that is the cheifest they varie for to whom did King Henry the second impose those lawes not to the Irish for the most part of them fled from his power into deserts and mountaines leaving the wyde countrey to the Conquerour who in their stead eftsoones placed English men who possessed all their lands and did quite shut out the Irish or the most part of them And to those new inhabitants and Colonies he gave his lawes to wit the same lawes under which they were borne and bred the which it was no difficultie to place amongst them being formerly well inured thereunto unto whom afterwards they repaired diverse of the poore distressed people of the Irish for succour and reliefe of whom such as they thought fit for labour and industriously disposed as the most part of their baser sort are they received unto them as their vassalls but scarcely vouchsafed to impart unto them the benefit of those lawes under which themselves lived but every one made his will and commandement a law unto his owne vassall Thus was not the Law of England ever properly applyed unto the Irish Nation as by a purposed plot of government but as they could insinuate and steale themselves under the same by their humble carriage and submission Eudox. How comes it then to passe
sithence either disanulled or quite prevaricated thorough change and alteration of times yet are they good still in themselves but in that commō-wealth which is ruled by them they worke not that good which they should and sometimes also that evill which they would not Eudox. Whether doe you meane this by the Common-Lawes of that Realme or by the Statute Lawes and Acts of Parliaments Iren. Surely by them both for even the Common law being that which William of Normandy brought in with his conquest and laid upon the neck of England though perhaps it fitted well with the state of England then being and was readily obeyed thorough the power of the Commander which had before subdued the people unto him made easie way to the setling of his will yet with the state of Ireland peradventure it doth not so well agree being a people very stubborne and untamed or if it were ever tamed yet now lately having quite shooken off their yoake broken the bonds of their obedience For England before the entrance of the Conqueror was a peaceable Kingdome and but lately inured to the milde and goodly government of Edward surnamed the Confessor besides now lately growne into a loathing and detestation of the unjust and tyrannous rule of Harold an usurper which made them the more willing to accept of any reasonable conditiōs order of the new victor thinking surely that it could be no worse then the latter and hoping well it would be as good as the former yet what the proofe of first bringing in establishing of those lawes was was to many full bitterly made knowne But with Ireland it is farre otherwise for it is a Nation ever acquainted with warres though but amongst themselves in their owne kinde of military discipline trayned up ever from their youthes which they have never yet beene taught to lay aside nor made to learne obedience unto Lawes scarcely to know the name of Law but in stead thereof have alwayes preserved and kept their owne Law which is the Brehon Law Eudox. What is that which you call the Brehon law it is a word unto us altogether unknowne Iren. It is a rule of right unwritten but delivered by tradition from one to another in which oftentimes there appeareth great shew of equity in determining the right betweene party and party but in many things repugning quite both to Gods Law and mans As for example in the case of murder the Brehon that is their judge will compound betweene the murderer and the friends of the party murdered which prosecute the action that the malefactor shall give unto them or to the child or wife of him that is slain a recompence which they call an Eriach By which vilde law of theirs many murders amongst them are made up and smothered And this Iudge being as hee is called the Lords Brehon adjudgeth for the most part a better share unto his Lord that is the Lord of the soyle or the head of that Sept and also unto himselfe for his judgement a greater portion then unto the Plantiffes or parties greived Eudox. This is a most wicked law indeed But I trust it is not now used in Ireland since the Kings of England have had the absolute dominion thereof and established their owne Lawes there Iren. Yes truly for there be many wide countries in Ireland which the lawes of England were never established in nor any acknowledgment of subjection made also even in those which are subdued seeme to acknowledge subjection yet the same Brehon law is practised among themselues by reason that dwelling as they doe whole nations and septs of the Irish together without any Englishman amongst them they may doe what they list and compound or altogether conceale amongst themselves their owne crimes of which no notice can be had by them which would and might amend the same by the rule of the Lawes of England Eudox. What is this which you say And is there any part of that Realme or any Nation therein which have not yet beene subdued to the Crowne of England Did not the whole Realme universally accept and acknowledge our late Prince of famous memory Henry the Viiith for their onely King and Leige Lord Iren. Yes verily in a Parliament holden in the time of Sir Anthony Saint-Leger then Lord Deputy all the Irish Lords and principall men came in and being by faire meanes wrought thereunto acknowledged King Henry for their Soveraigne Lord reserving yet as some say unto themselves all their owne former priviledges and Seignories inviolate Eudox. Then by that acceptance of his Soveraignty they also accepted of his lawes Why then should any other lawes be now used amongst them Iren. True it is that thereby they bound themselves to his lawes obedience and in case it had beene followed upon them as it should have beene and a government thereupon setled among them agreeable thereunto they should have beene reduced to perpetuall civilitie and contained in continuall dutie But what bootes it to breake a Colte and to let him straight runne loose at randome So were these people at first well handled and wisely brought to acknowledge allegiance to the Kings of England but being straight left unto themselves and their owne inordinate life and manners they eftsoones forgot what before they were taught and so soone as they were out of sight by themselves shooke off their bridles and beganne to colte anew more licentiously then before Eudox. It is a great pittie that so good an oportunity was omitted and so happie an occasion fore-slacked that might have beene the eternall good of the Land But doe they not still acknowledge that submission Iren. No they doe not for now the heires and posterity of them which yeelded the same are as they say either ignorant thereof or doe wilfully deny or stedfastly disavow it Eudox. How can they so doe justly Doth not the act of the Parent in any lawfull graunt or conveyance bind their heires for ever thereunto Sith then the Auncestors of those that now live yeelded themselves then subjects and Liegemen shall it not tye their Children to the same subiection Iren. They say no for their Auncestours had no estate in any their Lands Seigniories or Hereditaments longer then during their own lifes as they alledge for all the Irish doe hold their Land by Tanistrie which is say they no more but a personall estate for his life time that is Tanist by reason that he is admitted thereunto by election of the Countrey Eudox. What is this which you call Tanist and Tanistry They be names and termes never heard of nor knowne to us Iren. It is a custome amongst all the Irish that presently after the death of any of their chiefe Lords or Captaines they doe presently assemble themselves to a place generally appointed knowne unto them to choose another in his steed where they doe nominate and elect for the most part not the eldest sonne nor any of the children
which I am right sorry that you make so short an end and covet to passe over to your former purposes for there be many other parts of Ireland which I have heard have bin no lesse vexed with the like stormes then these which you have treated of as the Countries of the Birnes Tooles neere Dublin with the insolent out-rages and spoyles of Feagh mac Hugh the Countreyes of Catherlagh Wexford and Waterford by the Cavenaghes The Countreyes of Leix Kilkenny and Kildare by the O Moores The Countreyes of Ofaly and Longford by the Connors The Countreyes of Westmeath Cavan and Lowth by the O Relyes the Kellyes and many others so as the discoursing of them besides the pleasure which would redound out of their History be also very profitable for matters of policy Iren. All this which you have named and many more besides often times have I right well knowne and yet often doe kindle great fires of tumultuous broyles in the Countreyes bordering upon them All which to rehearse should rather bee to Chronicle times then to search into reformation of abuses in that Realme and yet very needfull it will bee to consider them and the evills which they have often stirred up that some redresse thereof and prevention of the evills to come may thereby rather be devised But I suppose wee shall have a fitter opportunity for the same when wee shall speake of the particular abuses and enormities of the government which will bee next after these generall defects and inconveniences which I saide were in the Lawes Customes and Religion Eudox. Goe to them a Gods name and follow the course which you have promised to your selfe for it fitteth best I must confesse with the purpose of our discourse Declare your opinion as you began about the Lawes of the Realme what incommoditie you have conceived to bee in them chiefly in the common Law which I would have thought most free from all such dislike Iren. The Common Law is as I saide before of it selfe most rightfull and very convenient I suppose for the Kingdome for which it was first devised for this I thinke as it seeemes reasonable that out of your manners of your people and abuses of your Countrey for which they were invented they take their first beginning or else they should bee most unjust for no Lawes of man according to the straight rule of right are just but as in regard of the evills which they prevent and the safety of the Common-weale which they provide for As for example in your true ballancing of Iustice it is a flat wrong to punish the thought or purpose of any before it bee enacted for true Iustice punisheth nothing but the evill act or wicked word that by the Lawes of all Kingdomes it is a capitall cryme to devise or purpose the death of your King The reason is for that when such a purpose is effected it should then bee too late to devise thereof and should turne the Common-wealth to more losse by the death of their Prince then such punishment of the malefactors And therefore the Law in that case punisheth the thought for better is a mischiefe then an inconvenience So that Ius politicum though it bee not of it selfe just yet by application or rather necessity it is made just and this onely respect maketh all Lawes just Now then if these Lawes of Ireland bee not likewise applyed and fitted for that Realme they are sure very inconvenient Eudox. You reason strongly but what unfitnesse doe you finde in them for that Realme shew us some particulars Iren. The Common Law appointeth that all tryalls as well of Crimes as Titles and Rights shall bee made by verdict of a Iury chosen out of the honest and most substantiall Free-holders Now most of the Free-holders of that Realme are Irish which when the cause shall fall betwixt an Englishman and an Irish or betweene the Queene and any Free-houlder of that Countrey they make no more scruple to passe against an Englishman and the Queene though it bee to strayne their oathes then to drinke milke unstrayned So that before the Iury goe together it is all to nothing what the verdict shall be The tryall have I so often seene that I dare confidently avouch the abuse thereof Yet is the Law of it selfe as I said good and the first institution thereof being given to all Englishmen very rightfully but now that the Irish have stepped into the very roomes of your English wee are now to become heedfull and provident in Iuryes Eudox. In sooth Iren. you have discoversed a point worthy the consideration for heereby not onely the English subject findeth no indifferencie in deciding of his cause bee it never so just but the Queene aswell in all pleas of the Crowne as also in inquiries for Escheates Lands attainted Wardshipps Concealements and all such like is abused and exceedingly dammaged Iren. You say very true for I dare undertake that at this day there are more attainted Lands concealed from her Majestie then shee hath now possessions in all Ireland and it is no small inconvenience for besides that shee looseth so much Land as should turne to her great profite shee besides looseth so many good subjects which might bee assured unto her as those Landes would yeelde Inhabitants and living unto Eudox. But doth many of that people say you make no more conscience to perjure themselves in their verdicts and damne their soules Iren. Not onely so in their verdicts but also in all other their dealings especially with the English they are most willfully bent for though they will not seeme manifestly to doe it yet will some one or other subtle-headed fellow amongst them put some quirke or devise some evasion whereof the rest will likely take hold and suffer themselves easily to be led by him to that themselves desired For in the most apparant matter that may bee the least question or doubt that may bee mooved will make a stoppe unto them and put them quite out of the way Besides that of themselves for the most part they are so cautelous and wylie-headed especially being men of so small experience and practice in law matters that you would wonder whence they borrow such subtiltyes and slye shifts Eudox. But mee thinkes this inconvenience might bee much helped in the Iudges and chiefe Magistrates which have the choosing and nominating of those Iurors if they would have dared to appoint either most Englishmen and such Irishmen as were of the soundest judgment and disposition for no doubt but some there bee incorruptible Iren. Some there bee indeede as you say but then would the Irish partie crye out of partialitie and complaine hee hath no Iustice hee is not used as a subject hee is not suffered to have the free benefite of the Law and these out-cryes the Magistrates there doe much shunne as they have cause since they are readily hearkened unto heere neither can it bee indeede although the Irish party would bee so
lurke in so inward and absolute a priviledge the consideration whereof is to be respected carefully for the next succession And much like unto this graunt there are other priviledges graunted unto most of the corporations there that they shal not be bound to any other government then their owne that they shall not be charged with garrisons that they shall not bee travailed forth of their owne franchises that they may buy and sell with theeves and rebels that all amercements and fines that shal be imposed upon them shall come unto themselves All which though at the time of their first graunt they were tollerable and perhaps reasonable yet now are most unreasonable and inconvenient but all these will easily be cut off with the superiour power of her Majesties prerogative against which her owne grants are not to be pleaded or enforced Iren. Now truely Irenaeus you have me seemes very well handled this point touching inconveniences in the Common-Law there by you observed and it seemeth that you have had a mindefull regard unto the things that may concerne the good of that Realme And if you can aswell goe thorough with the Statute lawes of that land I will thinke you have not lost all your time there Therefore I pray you now take them in hand and tell us what you thinke to bee amisse in them Iren. The Statutes of that Realme are not many and therefore we shall the sooner runne thorough them And yet of those few there are impertinent and unnecessary the which though perhaps aâ— the time of the making of them were very needfull yet now thorough change of time are cleane antiquated and altogether idle As that which forbiddeth any to weare their beards all on the upper lippe and none under the Chinne And that which putteth away saffron shirts and smockes And that which restraineth the use of guilt bridles and petronels And that which is appointed for the Recorders and Clerks of Dublin and Tredagh to take but ij d. for the coppy of a plainte And that which commaunds Bowes and Arrowes And that which makes that all Irishmen which shall converse among the English shall be taken for spyes and so punished And that which forbids persons amesnable to Law to enter and distraine in the lands in which they have title and many other the like I could rehearse Eudox. These truely which yee have repeated seeme very frivolous and fruitelesse for by the breach of them little dammage or inconvenience can come to the Common-wealth Neither indeed if any transgresse them shall he seeme worthy of punishment scarce of blame saving but for that they abide by that name of Lawes But Lawes ought to be such as that the keeping of them should be greatly for the behoofe of the Common-weale and the violating of them should be very haynous and sharpely punishable But tell us of some more weighty dislikes in the Statutes then these and that may more behoofefully import the reformation of them Iren. There is one or two Statutes which make the wrongfull distrayning of any mans goods against the forme of Common Law to be fellony The which Statutes seeme surely to have beene at first meant for the good of that Realme and for restrayning of a foule abuse which then raigned commonly amongst that people and yet is not altogether laide aside That when any one was indebted to another he would first demaund his debt and if he were not payed hee would straight goe and take a distresse of his goods or cattell where he could finde them to the value which he would keepe till he were satisfied and this the simple Churle as they call him doth commonly use to doe yet thorough ignorance of his misdoing or evill use that hath long settled amongst them But this though it bee sure most unlawfull yet surely me seemes too hard to make it death since there is no purpose in the party to steale the others goods or to conceale the distresse but doth it openly for the most part before witnesses And againe the same Statutes are so slackely penned besides the later of them is so unsensibly contryved that it scarce carryeth any reason in it that they are often and very easily wrested to the fraude of the Subject as if one going to distrayne upon his own land or Tenement where lawfully he may yet if in doing therof he transgresse the least point of the Common Law hee straight committeth fellony Or if one by any other occasion take any thing from another as Boyes use sometimes to cap one another the same is straight fellony This is a very hard Law Eudox. Nevertheles that evill use of distrayning of another mans goods yee will not deny but it is to be abolished and taken away Iren. It is so but not by taking away the subject withall for that is too violent a medecine specially this use being permitted and made lawfull to some and to other some death As to most of the corporate Townes there it is graunted by their Charter that they may every man by himselfe without an Officer for that were more tollerable for any debt to distraine the goods of any Irish being found within their liberty or but passing thorough their townes And the first permission of this was for that in those times when that graunt was made the Irish were not amesnable to Law so as it was not safety for the Townes-man to goe to him forth to demaund his debt nor possible to draw him into Law so that he had leave to bee his owne Bayliffe to arrest his said debters goods within his owne franchese The which the Irish seeing thought it as lawfull for them to distrayne the Townes-mans goods in the Countrey where they found it And so by ensample of that graunt to Townes-men they thought it lawfull and made it a use to distrayne on anothers goods for small debts And to say truth mee thinkes it hard for every trifling debt of 2. or 3. shil to be driven to Law which is so farre from them sometimes to be sought for which me thinketh it too heavy an ordinance to give death especially to a rude man that is ignorant of law and thinketh that a common use or graunt to other men is a law for himselfe Eudox. Yea but the Iudge when it commeth before him to tryall may easily decide this doubt and lay open the intent of the Law by his better discretion Iren. Yea but it is dangerous to leave the sence of the Law unto the reason or will of the Iudge who are men and may bee miscaried by affections and many other meanes But the Lawes ought to bee like stony Tables plaine stedfast and unmoveable There is also such another Statute or two which make Coigny and Livery to bee treason no lesse inconvenient then the former being as it is penned how ever the first purpose thereof were expedient for thereby now no man can goe into another mans house for lodging nor to his owne Tennants
and become meere Irish against whom his auncestors served valiantly in An. 1300. Sir Richard Bermingham was Lord of Athenrye 1316. Iohn Bermingham Baron de Atrio dei Anno 1318. Mac Morice alias Fitz Gerald Baron of Kerye Lord Courcye a poore man not very Irish the auncient descent of the Courcyes planted in Ireland with the Conquest Lord Flemmynge Baron of Slane Simon Flemmynge was Baron of Slane in Anno 1370. Plonket Baron of Killyne this family came in with the Danes whereof they have as yet speciall monuments Nugent Baron of Delvin Saint Laurence Baron of Hothe Plonket Baron of Doonesawny Barnewall Baron of Trimleston they came from little Brittaine where they are at this day a great surname upon their first arrivall they wonne great possessions at Beirnhaven where at length by conspiracie of the Irish they were all slaine except one yong man who then studied the common Lawes in England who returning dwelt at Dromnaghe besides Divelin and his heires are there at this day from thence a second brother remooved to Sirestone and so to Trimlestone and married the Lady Bruns who caused him to be made Baron This writeth the Lord of Donsany Edward Butler Baron of Donboyne given to Edmund Butler esquire and his heires males An. 33. H. 8. Fitz Patricke Baron of upper Ossory given to Barnabie Mac Gilpatricke and his heires males An. 33. H. 8. Donnate Clonnaghe Mac Gilpatricke was a peerelesse warriour in Anno 1219. Plonket Baron of Louthe to Sir Christopher Plonket and his heires males An. 33. H. 8. This Barony was an Earledome in An. 1316. appertaining to Bermingham Oneale Baron of Dongannon to whom the Earledome of Terone was entayled by gift of H. 8. Powere Baron of Curraghmore Mac Suretan Lord Deseret whom Sir Henry Sidney called Iordan de Exeter This was Lord in the time of Lionell Duke of Clarence An. 1361. now very wilde Irish. Murroghe Obrene Baron of Insickeyne to him and his heires males An. 35. H. 8. Mac Costilaghe L Nangle whom Sir Henry Sidney called de Angulo now very Irish. Mac William Burcke Lord of eighter Connaght now very Irish. Seintleger Baronet of Slemarge meere Irish. Den Baronet of Pormanston waxing Irish. Fitz Gerald Baronet of Burnchurch Welleslye Baronet of Narraghe Husee Baronet of Galtrim S. Michell Baronet of Reban Marwarde Baronet of Scryne Nangle Baronet of the Navan English gentlemen of longest continuance in Ireland are the race of those which at this day either in great povertie or perill doe keepe the properties of their auncestors lands in Vlster being then companions to Courcy the conquerour and Earle of that part These are the Savages Iordanes Fitz Symonds Chamberlaines Russels Bensons Audleyes Whites Fitz Vrsulyes now degenerate called in Irish Mac Mahon the Beares sonne CAP. III. Nature of the soyle and other incidents THe soyle is low and waterish includeth diverse little Ilands invironed with bogges and marishes Highest hilles have standing pooles in their toppe Inhabitants especially new come are subiect to distillations rhumes and flixes for remedy whereof they use an ordinary drinke of Aqua-vitae so qualified in the making that it dryeth more and inflameth lesse then other hote confections The aire is wholsome not altogether so cleare and subtle as ours of England Of Bees good store no vineyards contrary to the opinion of some writers who both in this and other errours touching the land may easily be excused as those that wrote of hearesay Cambrensis in his time complaineth that Ireland had excesse of wood and very little champaigne ground but now the English pale is too naked Turffe and Sea-coales is their most fuell it is stored of kyne of excellent horses hawkes of fish and fowle They are not without wolves and grey-hounds to hunt them bigger of bone and limme then a colt Their kyne as also their cattle and commonly what els soever the Countrey ingendreth except man is much lesse in quantity then ours of England Sheepe few and those bearing course fleeces whereof they spinne notable rugge mantle The country is very fruitefull both of corne and grasse the grasse for default of Husbandrie not for the cause alleaged in Polychronicon groweth so ranke in the north parts that oft times it rotteth their Kyne Eagles are well knowne to breed heere but neither so bigge nor so many as Bookes tell Cambrensis reporteth of his owne knowledge and I heare it averred by credible persons that Barnacles thousands at once are noted along the shoares to hang by the beakes about the edges of putrified timber shippes oares anchor-holdes and such like which in processe taking lively heate of the Sunne become water-foules and at their time of ripenesse either fall into the sea or fly abroad into the ayre Aeneas Sylvius that after was Pope Pius the second writeth himselfe to have perceaved the like experiment in Scotland where he learned the truth hereof to be found in the Ilands Orchades Horses they have of pace easie in running wonderfull swift Therefore they make of them great store as wherein at times of need they repose a great peice of safetie This broode Raphael Volateranus saith to have come at first from Arturia the country of Spaine betweene Gallicea and Portugall whereof they were called Asturcones a name now properly applyed to the Spanish Iennet I heard it verified by Honourable to Honourable that a Nobleman offered and was refused for one such horse an hundred kyne five pound Lands an Airy of Hawks yearely during seven yeares In the plaine of Kildare stood that monstrous heape of stones brought thither by Gyants from Affrique and removed thence to the plaine of Sarisbury at the instance of Aurel. Ambrose King of Brittaine No venemous creping beast is brought forth or nourished or can live here being sent in and therefore the spider of Ireland is well knowne not to be venemous Onely because a frogge was found living in the Meadowes of Waterford somewhat before the conquest they construed it to import their overthrowe S. Bede writeth that Serpents conveyed hither did presently die being touched with smell of the land and that whatsoever came hence was then of Soveraigne vertue against poyson He exemplifieth in certaine men stung with Adders who dranke in water the scrapings of Bookes that had beene of Ireland and were cured Generally it is observed the further West the lesse annoyance of pestilent creatures The want whereof is to Ireland so peculiar that whereas it lay long in question to whether Realme Brittaine or Ireland the I le of Man should pertaine the said controversie was decided that forsomuch as venemous beasts were knowne to breed therein it could not be counted a naturall peice of Ireland Neither is this propertie to be ascribed to S. Patrickes blessing as they commonly hold but to the originall blessing of God who gave such nature to the situation and soyle from the beginning And though I
and deadly blow I found a fragment of an Epistle wherein a vertuous Monke declareth that to him travailing in Vlster came a grave Gentleman about Easter desirous to be confessed and howseled who in all his life time had never yet received the blessed Sacrament When he had said his minde the Priest demaunded him whether he were faultlesse in the sinne of Homicide Hee answered that hee never wist the matter to bee haynous before but being instructed thereof hee confessed the murther of five the rest hee left wounded so as he knew not whether they lived or no. Then was he taught that both the one and the other were execrable and verie meekelie humbled himselfe to repentance Solinus writeth that they woonted because they would seeme Terrible and Martiall to embrue their faces in the bloude of their Enemyes slaine Strabo the famous Geographer who flourished under Augustus and Tiberius Caesar more then fifteene hundred yeares agoe telleth without asseveration that the Irish were great Gluttons eaters of mans flesh and counted it Honourable for Parents deceased to bee eaten up of their Children and that in open sight they medled with their Wiues Mothers and Daughters which is the lesse incredible considering what Saint Hierome avoucheth of the Scots their Of-spring and Allies and what all Histories doe witnesse of the Scithians their auncient founders See Strabo lib. 4. Geograph Although since the time of Saint Patricke Christianitie was never extinct in Ireland yet the governement being hayled into contrarie factions the Nobilitie lawlesse the multitude willfull it came to passe that Religion waxed with the temporall common sort cold and feeble untill the Conquest did settle it especiallie in cases of restrainte and Discipline The Honourable state of Marriage they much abused either in contracts unlawfull meetings the Leviticall and Canonicall degrees of prohibition or in divorcementes at pleasure or in ommitting Sacramentall solemnities or in retayning either Concubines or Harlots for Wiues Yea even at this day where the Cleargie is fainte they can bee content to Marrie for a yeare and a day of probation and at the yeares end to returne her home uppon any light quarrells if the Gentlewomans friendes bee weake and unable to avenge the injurie Never heard I of so many dispensations for Marriage as those men shewe I pray God graunt they bee all authentique and buylded uppon sufficient warrant Covenant and Indent with them never so warilie never so preciselie yet they have beene founde faithlesse and perjured Where they are joyned in colour of surest Amitie there they intended to kill This ceremonâ—e reporteth Cambrensis The parties to bee coupled in League meete at Church become God-septes or Alâ—ies beare each other on his backe certaine paces in a Ring kisse together holy reliquees take blessing of the Bishoppe offer each to other a droppe of his owne bloude and drinke it up betweene them Even in the doing hereof they practise mutuall destruction They have beene used in solemne controversies to protest and sweare by Saint Patrickes Staffe called Bachal esu which oath because upon breach thereof heavy plagues ensued them they feared more to breake then if they had sworne by the holy Evangelist In Vlâ—ter thus they used to Crowne their King a white cow was brought forth which the King must kill and seeth in water whole and bathe himselfe therein starke naked then sitting in the same Caldron his people about him together with them he must eat the flesh and drinke the broath wherein he sitteth without cuppe or dish or use of his hand So much of their old Customes Now a few words of their trade at this present Cleare men they are of Skinne and hue but of themselves carelesse and bestiall Their Women are well fauoured cleare coloured faire handed bigge and large suffered from their infancie to grow at will nothing curious of their feature and proportion of body Their infants of the meaner sort are neither swadled nor lapped in Linnen but foulded up starke naked into a Blankett till they can goe and then if they get a piece of rugge to cover them they are well sped Linnen shirts the rich doe weare for wantonnes and bravery with wide hanging sleeves playted thirtie yards are little enough for one of them They have now left their Saffron and learne to wash their shirts foure or five times in a yeare Proud they are of long crisped glibbes and doe nourish the same with all their cunning to crop the front thereof they take it for a notable peece of villany Shamrotes Water-cresses Rootes and other hearbes they feede upon Oatemale and Butter they cramme together They drinke Whey Milke and Beefe broth Flesh they devoure without bread corne such as they have they keepe for their horses In haste and hunger they squese out the blood of raw flesh and aske no more dressing thereto the rest boyleth in their stomackes with Aquavitae which they swill in after such a surfeite by quarts pottles Their kyne they let blood which growen to a jelly they bake and over-spread with Butter and so eate it in lumpes One office in the house of great men is a tale-teller who bringeth his Lord on sleepe with tales vaine and frivolous whereunto the number give sooth and credence So light they are in beleeving whatsoever is with any countenance of gravitie affirmed by their Superiours whom they esteeme and honour that a lewd Prelate within these few yeares needy of money was able to perswade his parish That S. Patricke in striving with S. Peter to let an Irish Galloglass into Heaven had his head broken with the keyes for whose releife he obtained a Collation Without either precepts or observation of congruity they speake Latine like a vulgar language learned in their common Schooles of Leach-craft and Law whereat they begin Children and hold on sixteene or twentie yeares conning by roate the Aphorismes of Hypocrates and the Civill Institutions and a few other parings of those two faculties I have seene them where they kept Schoole ten in some one Chamber groveling upon couches of straw their Bookes at their noses themselves lying flatte prostate and so to chaunte out their lessons by peece-meale being the most part lustie fellowes of twenty five yeares and upwards Other Lawyers they have liable to certaine families which after the custome of the country determine and judge causes These consider of wrongs offered and received among their neighbours be it murder or fellony or trespasse all is redeemed by composition except the grudge of parties seeke revenge and the time they have to spare from spoyling and proyning they lightly bestow in parling about such matters The Breighoon so they call this kind of Lawyer sitteth him downe on a banke the Lords and Gentlemen at variance round about him and then they proceede They honour devoute Fryars and Pilgrimes suffer them to passe quietly spare them and their mansions whatsoever outrage they shew to the country besides them To robbe and
of the Lord deceased but the next to him of blood that is the eldest worthiest as commonly the next brother unto him if he have any or the next cousin or so forth as any is elder in that kinred or sept and then next to him doe they choose the next of the blood to be Tanist who shall next succeed him in the said Captainry if he live therunto Eudox. Doe they not use any ceremony in this election for all barbarous nations are commonly great observers of ceremonies and superstitious rites Iren. They vse to place him that shal be their Captaine upon a stone alwayes reserved for that purpose placed commonly upon a hill In some of which I have seen formed ingraven a foot which they say was the measure of their first Captaines foot whereon hee standing receive an oath to preserve all the auncient former customes of the Countrey inviolable and to deliver up the succession peaceably to his Tanist and then hath a wand delivered unto him by some whose proper office that is after which descending from the stone he turneth himselfe round thrice forward thrice backward Eudox. But how is the Tanist chosen Iren. They say he setteth but one foot upon the stone and receiveth the like oath that the Captaine did Eudox. Have you ever heard what was the occasion and first beginning of this custome for it is good to know the same and may perhaps discover some secret meaning and intent therein very materiall to the state of that government Iren. I have heard that the beginning cause of this ordinance amongst the Irish was specially for the defence and maintenance of their Lands in their posteritie and for excluding all innovation or alienation thereof unto strangers and specially to the English For when their Captaine dieth if the Signiorie should descend to his child he perhaps an Infant another peradventure step in between or thrust him out by strong hand being then unable to defend his right or to withstand the force of a forreiner and therfore they doe appoint the eldest of the kinne to have the Signiorie for that he commonly is a man of stronger yeares and better experience to maintain the inheritance and to defend the Countrey either against the next bordering Lords which use commonly to incroach one upon another as each one is stronger or against the English which they thinke lye still in waite to wype them out of their Lands and Territoryes And to this end the Tanist is alwayes ready knowne if it should happen the Captaine suddenly to dye or to be slaine in battell or to be out of the Countrey to defend and keepe it from all such doubts and dangers For which cause the Tanist hath also a share of the Country allotted unto him and certaine cuttings and spendings upon all the inhabitants under the Lord. Eudox. When I heard this word Tanist it bringeth to my remembrance what I have read of Tania that it should signifie a Province or Seigniorie as Aquitania Lusitania and Britania the which some thinke to be derived of Dania that is from the Danes but I thinke amisse But sure it seemeth that it came anciently from those barbarous nations that over-ranne the world which possessed those Dominions whereof they are now so called And so it may well be that from thence the first originall of this word Tanist and Tanistry came and the custome thereof hath sithence as many others els beene continued But to that generall subjection of the Land whereof wee formerly spake me seemes that this custome or tenure can be no barre nor impeachment seeing that in open Parliament by their said acknowledgment they waved the benefite thereof and submitted themselves to the benefite of their new Soveraigne Iren. Yea but they say as I earst tolde you that they reserved their titles tenures and Seigniories whole and sound to themselves and for proofe alledge that they have ever sithence remained to them untouched so as now to alter them should say they be a great wrong Eudox. What remedie is there then or meanes to avoide this inconvenience for without first cutting of this dangerous custome it seemeth hard to plant any sound ordenance or reduce them to a civill government since all their ill customes are permitted unto them Iren. Surely nothing hard for by this Act of Parliament whereof wee speake nothing was given to K. Henry which he had not before from his Auncestors but onely the bare name of a King for all other absolute power of principality he had in himselfe before derived from many former Kings his famous Progenitours and worthy Conquerors of that Land The which sithence they first conquered and by force subdued unto them what needed afterwards to enter into any such idle termes with them to be called their King when it is in the power of the Conqueror to take upon himself what title he will over his Dominions conquered For all is the Conquerours as Tully to Brutus faith Therefore me seemes instead of so great and meritorious a service as they boast they performed to the King in bringing all the Irish to acknowledge him for their Liege they did great hurt unto his Title and have left a perpetuall gall in the minde of the people who before being absolutely bound to his obedience are now tyed but with termes whereas else both their lives their lands and their liberties were in his free power to appoint what tenures what lawes what conditions hee would over them which were all his against which there could be no rightfull resistance or if there were he might when he would establish them with a stronger hand Eudox. Yea but perhaps it seemed better unto that noble King to bring them by their owne accord to his obedience and to plant a peaceable government amongst them then by such violent means to pluck them under Neither yet hath he therby lost any thing that he formerly had for having all before absolutely in his owne power it remaineth so still unto him he having thereby neither forgiven nor forgone any thing thereby unto them but having received somthing from them that is a more voluntary and loyall subjection So as her Majesty may yet when it shall please her alter any thing of those former ordinances or appoint other lawes that may be more both for her owne behoofe and for the good of that people Iren. Not so for it is not so easie now that things are growne unto an habit and have their certaine course to change the channell turne their streames another way for they may have now a colorable pretence to withstand such innovations having accepted of other lawes and rules already Eudox. But you say they do not accept of them but delight rather to leane to their old customes Brehon lawes though they be more unjust and also more inconvenient for the common people as by your late relation of them I have gathered As for the lawes of England
contented to be so compassed that such English free-houlders which are but few and such faithfull Irish-men which are indeede as few shall alwayes bee chosen for tryalls for being so few they should bee made weary of their free-houldes And therefore a good care is to bee had by all good occasions to encrease their number and to plant more by them But were it so that the Iurors could bee picked out of such choyce men as you desire this would neverthelesse bee as bad a corruption in the tryall for the evidence being brought in by the baser Irish people will bee as deceiptfull as the verdict for they care much lesse then the others what they sweare and sure their Lordes may compell them to say any thing for I my selfe have heard when one of the baser sort which they call Churles being challenged and reprooved for his false oath hath answered confidently that his Lord commaunded him and it was the least thing that hee could doe for his Lord to sweare for him so inconscionable are these common people and so little feeling have they of God or their owne soules good Eudox. It is a most miserable case but what helpe can there then bee in this for though the manner of the tryalls should bee altered yet the proofe of every thing must needes bee by the testimony of such persons as the partyes shall produce which if they shall bee corrupt how can there ever any light of the truth appeare what remedy is there for this evill but to make heavy Lawes and Penalties against Iurors Iren. I thinke sure that will doe small good for when a people be inclined to any vice or have no touch of Conscience nor sence of their evill doings it is bootelesse to thinke to restraine them by any penalties or feare of punishment but either the occasion is to be taken away or a more understanding of the right and shame of the fault to be imprinted For if that Licurgus should have made it death for the Lacedemonians to steale they being a people which naturally delighted in stealth or if it should bee made a capitall crime for the Flemmings to be taken in drunkennesse there should have beene few Lacedemonians then left and few Flemmings now So unpossible it is to remove any fault so generall in a people with terrour of lawes or most sharpe restraints Eudox. What meanes may there be then to avoyde this inconvenience for the case seemes very hard Iren. We are not yet come to the point to devise remedies for the evils but only have now to recount them of the which this which I have told you is one defect in the Common Law Eudox. Tell us then I pray you further have you any more of this sort in the Common Law Iren. By rehearsall of this I remember also of an other like which I have often observed in trialls to have wrought great hurt and hinderance and that is the exceptions which the common law alloweth a Fellon in his tryall for he may have as you know 56. exceptions perēptory against the Iurors of which he shal shew no cause By which shift there being as I have shewed you so small store of honest Iury-men he will either put off his tryall or drive it to such men as perhaps are not of the soundest sort by whose meanes if he can acquite himselfe of the crime as he is likely then will he plague such as were brought first to bee of his Iurie and all such as made any party against him And when he comes forth he will make their Cowes and Garrons to walke if he doe no other harme to their persons Eudox. This is a slye devise but I thinke might soone bee remedied but we must leave it a while to the rest In the meane-while doe you goe forwards with others Iren. There is an other no lesse inconvenience then this which is the tryall of accessaries to fellony for by the common Law the accessaries cannot be proceeded against till the principall have received his tryall Now to the case how it often falleth out in Ireland that a stealth being made by a rebell or an outlawe the stolne goods are conveyed to some husbandman or Gentleman which hath well to take to and yet liveth most by the receipt of such stealthes where they are found by the owner and handled whereupon the partie is perhaps apprehended and committed to Goale or put upon sureties till the Sessions at which time the owner preferring a bill of Indictment proveth sufficiently the stealth to have beene committed upon him by such an Outlaw and to have beene found in the possession of the prisoner against whom neverthelesse no course of law can proceede nor tryall can be had for that the principall Theife is not to be gotten notwithstanding that he likewise standing perhaps indicted at once with the Receiver being in rebellion or in the woods where peradventure he is slaine before he can be gotten and so the Receiver cleane acquitted and discharged of the crime By which meanes the Theeves are greatly incouraged to steale and their maintainers imboldened to receive their stealthes knowing how hardly they can be brought to any tryall of Law Eudox. Truely this is a great inconvenience and a great cause as you say of the maintenance of Theeves knowing their Receivers alwayes ready for were there no receivers there would be no theeves but this me seemes might easily be provided for by some act of Parliament that the receiver being convicted by good proofes might receive his tryall without the principall Iren. You say very true Eudox. but that is almost impossible to be compassed And herein also you discover another imperfection in the course of the Common Law and first ordinance of the Realme for you know that the said Parliament must consist of the Peeres Gentlemen Free-holders and Burgesses of that Realme it selfe Now these being perhaps themselves or the most part of them as may seeme by their stiffe with-standing of this Act culpable of this crime or favourers of their freinds which are such by whom their Kitchins are sometimes amended will not suffer any such Statute to passe Yet hath it oftentimes beene attempted and in the time of Sir Iohn Parrot very earnestly I remember laboured but could by no meanes be effected And not onely this but many other like which are as needefull for the reformation of that Realme Eudox. This also is surely a great defect but wee may not talke you say of the redressing of this untill our second part come which is purposely appointed thereunto Therefore proceed to the recounting of more such evils if at least you have any more Iren. There is also a great inconvenience which hath wrought great dammage both to her Majesty and to that common wealth thorough close and colourable conveyances of the lands and goods of Traytors Fellons and Fugitives As when one of them mindeth to goe into rebellion hee will convey away all his lands and
Lordships to Feoffees in trust wherby he reserveth to himselfe but a state for terme of life which being determined either by the sword or by the halter their lands straight commeth to their heire and the Queen is defrauded of the intent of the Law which laide that grievous punishment upon Traytors to forfeite all their lands to the Prince to the end that men might the rather be terrified from committing treasons for many which would little esteeme of their owne lives yet for remorse of their wives and children would bee with-held from that haynous crime This appeared plainely in the late Earle of Desmond For before his breaking forth into open Rebellion hee had conveyed secretly all his lands to Feoffees of trust in hope to have cut off her Maiestie from the escheate of his Lands Eudox. Yea but that was well enough avoided for the Act of Parliament which gave all his lands to the Queene did as I have heard cut off and frustrate all such conveyances as had at any time by the space of twelve yeares before his rebellion beene made within the compasse whereof the fraudulent Feoffement and many the like of others his accomplices and fellow-traytors were contained Iren. Very true but how hardly that Act of Parliament was wrought out of them I can witnesse and were it to be passed againe I dare undertake it would never be compassed But were it also that such Acts might be easily brought to passe against Traytors and Fellons yet were it not an endlesse trouble that no Traitour or Fellon should be attainted but a Parliament must be called for bringing of his Lands to the Queene which the Common-Law giveth her Eudox. Then this is no fault of the Common Law but of the persons which worke this fraud to her Majestie Iren. Yes marry for the Common-Law hath left them this benefite whereof they make advantage and wrest it to their bad purposes So as thereby they are the bolder to enter into evill actions knowing that if the worst befall them they shall lose nothing but themselves whereof they seeme surely very carelesse Eudox. But what meant you of Fugitives herein Or how doth this concerne them Iren Yes very greatly for you shall understand that there bee many ill disposed and undutifull persons of that Realme like as in this point there are also in this Realme of England too many which being men of good inheritance are for dislike of Religion or danger of the law into which they are run or discontent of the present government fled beyond the seas where they live under Princes which are her M ties professed enemies converse are confederat with other traitors fugitives which are there abiding The which neverthelesse have the benefits profits of their lands here by pretence of such colourable conveyances thereof formerly made by them unto their privie Friends heere in trust who privily doe send over unto them the said Revenues wherwith they are there maintained and enabled against her Majestie Eudox. I doe not thinke that there be any such fugitives which are relieved by the profite of their Lands in England for there is a straighter order taken And if there bee any such in Ireland it were good it were likewise looked unto for this evill may easily be remedied But proceede Iren. It is also inconvenient in the Realme of Ireland that the Wards and Marriages of Gentlemens children should be in the disposition of any of those Irish Lords as now they are by reason that their Lands bee held by Knights service of those Lords By which means it comes to passe that those Gentlemen being thus in the ward of those Lords are not onely thereby brought up lewdly and Irish-like but also for ever after so bound to their services they will runne with them into any disloyall action Eudox. This greivance Iren. is also complained of in England but how can it be remedied since the service must follow the tenure of the lands and the lands were given away by the Kings of England to those Lords when they first conquered that Realme and to say troth this also would be some prejudice to the Prince in her wardshipps Iren. I doe not meane this by the Princes wards but by such as fall into the hands of Irish Lords for I could wish and this I could enforce that all those wardships were in the Princes disposition for then it might be hoped that she for the universall reformation of that Realme would take better order for bringing up those wards in good nurture and not suffer them to come into so bad hands And although these things bee already passed away by her Progenitours former grants unto those said Lords yet I could finde a way to remedie a great part thereof as hereafter when fit time serves shall appeare And since we are entred into speech of such graunts of former Princes to sundry persons of this Realme of Ireland I will mention unto you some other of like nature to this and of like inconvenience by which the former Kings of England passed unto them a great part of their prerogatives which though then it was well intended and perhaps well deserved of them which received the same yet now such a gapp of mischeife lyes open thereby that I could wish it were well stopped Of this sort are the graunts of Counties palatines in Ireland which though at first were granted upon good consideration when they were first conquered for that those lands lay then as a very border to the wild Irish subject to continuall invasion so as it was needfull to give them great priviledges for the defence of the Inhabitants thereof yet now that it is no more a border nor frontired with enemies why should such priviledges bee any more continued Eudox. I would gladly know what you call a County palatine and whence it so called Iren. It was I suppose first named palatine of a pale as it were a pale and defense to their inward lands so as it is called the English Pale and therefore is a Palsgrave named an Earle Palatine Others thinke of the Latine palare that is to forrage or out-run because those marchers and borderers use commonly so to doe So as to have a county palatine is in effect to have a priviledge to spoyle the enemies borders adjoyning And surely so it is used at this day as a priviledged place of spoiles and stealthes for the county of Tipperary which is now the onely countie palatine in Ireland is by abuse of some bad ones made a receptacle to rob the rest of the Counties about it by meanes of whose priviledges none will follow their stealthes so as it being situate in the very lap of all the land is made now a border which how inconvenient it is let every man judge And though that right noble man that is the Lord of the liberty do paine himselfe all he may to yeeld equall Iustice unto all yet can there not but great abuses
house to take victuall by the way notwithstanding that there is no other meanes for him to have lodging nor horse meate nor mans meate there being no Innes nor none otherwise to bee bought for money but that he is endangered by that Statute for treason whensoever he shall happen to fall out with his Tennant or that his said hoste list to complaine of greivance as oftentimes I have seene them very malitiously doe thorough the least provocation Eudox. I doe not well know but by ghesse what you doe meane by these termes of Coigny and Livery therefore I pray you explaine them Iren. I know not whether the words bee English or Irish but I suppose them to bee rather auncient English for the Irish men can make no derivation of them What Livery is wee by common use in England know well enough namely that it is allowance of horse-meate as they commonly use the word in stabling as to keepe horses at Livery the which word I guesse is derived of livering or delivering forth their nightly foode So in great houses the livery is said to be served up for all night that is their evenings allowance for drinke And livery is also called the upper weede which a serving man weareth so called as I suppose for that it was delivered and taken from him at pleasure So it is apparant that by the word Livery is there meant horse meate like as by the word Coigny is understood mans meate But whence the word is derived is hard to tell Some say of Coine for that they used commonly in their Coignies not onely to take meate but coine also and that taking of money was speciallie meant to be prohibited by that Statute but I thinke rather this word Coigny is derived of the Irish. The which is a common use amongst Land lords of the Irish to have a common spending upon their Tennants for all their Tennants being commonly but Tennants at will they use to take of them what victuals they list For of victuals they were wont to make small reckoning neither in this was the Tennant wronged for it was an ordinary and knowne custome and his Lord commonly used so to covenant with him which if at any time the tenant disliked hee might freely depart at his pleasure But now by this Statute the said Irish Lord is wronged for that hee is cut off from his customary services of the which this was one besides many other of the like as Cuddy Coshery Bonnaght Shrah Sorehin and such others the which I thinke were customes at first brought in by the English upon the Irish for they were never wont and yet are loath to yeeld any certaine Rent but only such spendings for their common saying is Spend me and defend me Eudox. Surely I take it as you say that therein the Irish Lord hath wrong since it was an auncient custome and nothing contrary to Law for to the willing there is no wrong done And this right well I wot that even heere in England there are in many places as large customes as that of Coignie and Livery But I suppose by your speach that it was the first meaning of the statute to forbid the violent taking of victualls upon other mens Tenants against their wills which surely is a great out-rage and yet not so great mee seemes as that it should be made treason for considering that the nature of treason is concerning the Royall estate or Person of the Prince or practizing with his enemies to the derogation and danger of his Crowne and dignitie it is hardly wrested to make this treason But as you earst said Better a mischiefe then an inconvenience Iren. Another Statute I remember which having beene an auncient Irish Custome is now upon advisement made a Law and that is called the Custome of Kin-cogish which is that every head of every Sept and every chiefe of every kinred or family should bee answerable and bound to bring foorth every one of that sept and kinred under it at all times to be iustified when hee should be required or charged with any treason felony or other haynous crime Eudox. Why surely this seemes a very necessary Law For considering that many of them bee such Losells and scatterlings as that they cannot easily by any Sheriffe Constable Bayliffe or other ordinary Officer bee gotten when they are challenged for any such fact this is a very good meanes to get them to bee brought in by him that is the head of that sept or chiefe of that house wherfore I wonder what just exception you can make against the same Iren. Truely Eudoxus in the pretence of the good of this Stature you have nothing erred for it seemeth very expedient and necessary but the hurt which commeth thereby is greater then the good For whilest every chiefe of a sept standeth so bound to the Law for every man of his blood or sept that is under him and hee made great by the commaunding of them all For if hee may not commaund them then that Law doth wrong that bindeth him to bring them foorth to bee iustified And if hee may commaund them then hee may commaund them aswell to ill as to good Heereby the Lords and Captaines of Countreyes the principall and heades of septs are made stronger whome it should bee a most speciall care in policie to weaken and to set up and strengthen diverse of his underlings against him which whensoever hee shall offer to swarve from duty may bee able to beard him for it is very dangerous to leave the commaund of so many as some septs are being five or sixe thousand persons to the will of one man who may leade them to what he will as he himselfe shall be inclined Eudox. In very deede Iren. it is very dangerous seeing the disposition of those people is not alwayes inclineable to the best And therefore I holde it no wisedome to leave unto them too much commaund over their kinred but rather to with-drawe their followers from them asmuch as may bee and to gather them under the commaund of Law by some better meane then this custome of Kin-cogish The which word I would bee glad to know what it namely signifieth for the meaning thereof I seeme to understand reasonably well Iren. It is a word mingled of English and Irish together so as I am partly ledde to thinke that the custome thereof was first English and afterwardes made Irish for such an other Law they had heere in England as I remember made by King Alured that every Gentleman should bring foorth his kinred and followers to the Law So Kin is English and Congish Affinitie in Irish. Eudox. Sith then wee that have thus reasonably handled the inconveniences in the Lawes let us now passe unto the second part which was I remember of the abuses of customes in which mee seemes you have a faire champian layde open unto you in which you may at large stretch out your discourse into many sweete remembrances