field and perswaded him to retraict saying further that there was no hope of good successe to bee obtained in this field This man being taken confessed the whole treason and for punishment was carried to the winde gates twelve miles from Dublin set alive standing in the ground with a great heape of stones about him as it pleased the Commanders to direct In Stanihurst I finde that the the chiefe Potentates of the Irish were Brian Borow Miagh Mac Brian whom formerly I termed Morogh Tady O Kelly Dolir Ahertegan and Gille Barramed and that they were buried at Kilmaniham over against the great Crosse. Anno 1031. as it is remembred by Caradoc in the British Chronicles there was great stirre and bloudshed in South-Wales by the meanes of Howell and Meredith the sonnes of Edwyn ap Evean ap Owen ap Howell Dha that made claime unto that country against Rytherch ap Iestyn Prince of South-Wales Howell and Meridith hired unto them a King of Ireland whose name is not set downe which brought with him a great armie of Irish-Scots the armies met the fight was cruell much bloud on both sides was shed in the end Rytherch the Prince was discomfited and slaine by which means they attained unto the governement of South-Wales the which they ioyntly ruled and bountifully rewarded the Irish King There is at Sauntrie some three miles from Dublin yeerely remembrance of Saint Pappan that was borne there Molanus calleth him Poppon He travailed into France builded there many Monasteries saith mine Author and preferred to governe them many men became an Abbot himselfe and departed this life Anno 1048. and lyeth buried at Stabuletum in France where hee governed Lastly mine Author noteth that he was a Saint but never canonized Conan the sonne of Iago Prince of North-Wales married Ranulph the daughter of Alfred King of Dublin who in the warres betweene Iago his father and Griffith the sonne of Lhewelyn ap Sitsylte sometimes King of Wales saith Caradoc was driven to flee into Ireland for safegard of his life This Conan Anno 1041. came with Alfred his father in law with great power out of Ireland to recover his country they shortly landed in Wales and by treason secretly tooke Griffith the King and carried him towards their ships but when it was knowne the country upon the sodaine rose armed themselves followed the Irish men made great slaughter of them rescued their Prince and drove Alfred and Conan with the rest of their forces to their shippes and so to Ireland Stow following Fabian writeth how that Anno 1049. certaine forces out of Ireland whom hee calleth Irish Pirates with 36. ships entred the mouth of Severne landed in a place called Westlapham and with the helpe of Griffith King of South-Wales spoyled along those coasts and did great mischiefe Afterwards Griffith and those Irish Pyrates ioyning their powers together passed over the river Wie and burnt Dumenham and slue man woman and childe leaving nothing behinde them but bloud and ashes Worcester Glocester and Herefordshire rose in Armes against them but many of them in cruell fight being slaine the rest put to flight the Irish returned home merrily loaden with spoyle Anno 1050. Conan gathered an armie of his friends in Ireland attempting the second time the recoverie of his inheritance he hoysed up saile towards Wales but on a sodaine there arose such a tempest upon the seas that scattered his Navie and drowned the most part of his ships so that he gave over the voyage for that time About this time wherein the English and British historiographers doe agree Robert Archbishop of Canterbury accused Earle Godwin and his five sonnes especially Swaine and Harold of treason and Queene Editha the daughter of Godwin of adulterie who being called before the King refused to appeare and therefore were banished the land and the Queene was put away from the King Godwin and Swaine fled to Flanders Harold and Leofwin Warwell saith Holinshead to Ireland and the Queene was sent with one Maid to the Monasterie of Wilton Immediately the King disposed of all their possessions It was not long after ere Godwin and Swaine got shippes men munition and all necessaries in Flanders the like did Harold and Leofwin in Ireland they all met upon the seas to wit the father the mother and the five sonnes they spoyled the I le of Wight Partland Peveneseny Romny-heath Folkeston Dover and Sandwich and entring the Thames destroyed Sheppey and burned the Kings houses at Mielton Then they met with the kings Fleet upon the seas and being ready to fight Bishop Stigand stept betweene them and reconciled both sides in such sort that the King restored them their lands and goods tooke home the Queene and banished Robert the Archbishop with all the French men which had put buzzes and suspitions into the Kings head Anno 1054. as Powell in his annotations upon Caradoc hath learnedly collected King Edward by evill counsell as it was thought banished Algar Earle of Chester which had treason laid to his charge whereupon Algar gate him into Ireland and there providing him eighteene shippes of warre well appointed and manned with stalworth men of Irish birth returned and joyned himselfe with Griffith King or Prince of Wales who both together invaded the country of Mercia about Hereford where Ranulph Earle of that country who was sonne to King Edwards sister named Goda by her first husband Walter de Manut came against them with a great armie and met them about two miles from Hereford where after a sore fight by the space of three houres Ranulph and his armie were discomfited and about 500. of them slaine and the rest put to flight whom Griffith and Algar pursued to Hereford and entring the towne set the Cathedrall Church on fire and slue the Bishop named Leogar with seven of the Canons and most lamentably as it falleth out in warres spoyled and burned the towne King Edward being advertised hereof gathered an armie and sent Harold the sonne of Earle Godwin against them who pursuing the enemies to North-Wales passed through Stradlewyde to Snowdon but Griffith and Algar being loath to meete Harold got them againe into South-Wales whereof Harold being advertised left one part of his armie in North-Wales to resist the enemy there and returning with the residue to Hereford caused a great trench to be cast round about the towne with a high rampire strongly fortifying the gates of the same After this by meanes of a parlee had with Griffith and Algar at a place called Biligellagh a peace was concluded whereupon Algar being pardoned by the King and restored againe to his Earledome returned home to Chester About two yeeres after Algar was accused againe of treason and the second time exiled the land fled into Ireland where he was most ioyously received of his old followers and offered more kindenesse then he requested for hee had most honourably dealt with the Merchants and owners of the former ships and most
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
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 that
dispatched if the same be true with his owne hands at Roane Of this barbarous cruelty all mens eares were full and Courcye either of zeale or partiality spake bloudy words against it which meane his undermyners caught and did not onely heave him out of credite but also got commission to attach his body and to send him into England The Earle mistrusted his part and kept aloofe till Hugh de Lacye Lord Iustice vvas faine to levye men in armes and to invade Vlster Thence hee vvas often put to flight vvhereupon hee proclaymed Courcye Traytour and hyred sundry gentlemen vvith revvards to bring him in quicke or dead so long hee vvooed the matter that Courcyes ovvne Captaines vvere inveygled to betray their Lord. Therefore upon good Friday vvhen the Earle did off his armour and in secret meditations visited religious places bare-footed they layde for him tooke him as a rebell and shipped him into England the next way where he was adjudged to perpetuall prison Sentleger addeth in his collections that Lacy payd the Traytors their money and then immediatly hanged them This Courcye translated the Church and Prebendaryes of the Trinity in Downe to an Abbey of black Monks brought thither from Chester and the same did hallow to S. Patricke for which alteration of the name of God to his servant hee deemed himselfe justly punished Not long after as say the Irish certaine French knights came to King Iohns Court and one of them asked the combat for tryal of the Dutchy of Normandy It was not thought expedient to jeopard the title upon one mans lucke yet the challenge they determined to answere some friend put them in minde of the Earle imprisoned a Warriour of noble courage and in pitch of body like a gyant King Iohn demaunded Courcye whether hee would bee content to fight in his quarrell Not for thee said the Earle whose person I esteeme not worthy the adventure of my bloud but for the Crowne and dignity of the Realme wherein many a good man liveth against thy will The words were haply taken without dudgen as proceeding from stomack and from one counted more plaine then wise Courcye therefore being cherished to the field and refreshed with dyet fed so wonderfully after his hard keeping that the French Challenger tooke him for a monster and privily stale into Spaine Then was the Earle inlarged and crossed the seas tovvardes Ireland fifteene times evermore beaten back to the shoare vvent thence into France to change the coast and there dyed after vvhose decease vvithout heires of his body the Earledome of Vlster vvas entirely bestovved upon Hugh de Lacye for his good service In Ireland remained one of the Courcyes Lord of Rathenny and Kilbarrock vvhom as a spye of all their practises and an informer thereof to the King VValter and Hugh the sonnes of Hugh had slaine and great seditions raysed bearing themselves after the decease of their father for Governours out of checke To settle the Realme of Ireland King Iohn brought thither a maine Armye banished the Lacyes subdued the remanents tooke pledges punished malefactours established the execution of English Lawes coyned money of like value currant sterling in both Realmes The two Lacyes repentant of their follyes and tyrannies fled into France dispoyled of sumptuous apparell and unknowne meekely they served in Saint Taurines Abbey as gardners untill the Abbot by their countenance and behaviour beganne to smell their estates and pressed them so farre that they detected their offences and the due desert of much harder chastisement eftsoone beseeching the Abbot to keepe their counsells who commending their humilities yet advising them to laye holde upon their Princes favour if it might be had laboured the King his familiar and godsip earnestly for their pardons and obtained it Each of them were fined VValter at 4000. and Hugh at 2500. markes and restored him to the Lordship of Meth this to the Earledome of Vlster King Iohn made his Vice-gerent and returned home subdued the Welchmen met with Pandulphus the Legate of Innocentius the third who came to release him of the sentence wherein he stood excommunicate for his spoyle and extortion of Church goods to whom being the Popes Atturney hee made a personall surrender of both his Realmes in way of submission and after his assoylement received them againe some adde that he gave away his Kingdome to the See of Rome for him and his successours recognizing to holde the same of the Popes in fee paying yearely therefore one thousand markes and in them three hundred for Ireland Blundus sayth Centum pro utroque auri marchas Sir Thomas Moore a man in that calling office likely to sound the matter to the depth writeth precisely that neither any such writing the Pope can shew nor were it effectuall if he could How farre foorth and with what limitation a Prince may or may not addict his Realme feodary to another Iohn Maior a Scottish Chronicler and a Sorbonist not unlearned partly scanneth who thinketh 300. marks for Ireland a very hard pennyworth The instrument which our English Chronicle rehearseth might haply be motioned and drawne and then dye unratified although the copy of that record continue But certaine it is that his successours never payde it and thereto assenteth Iohn Bale in his Apology against vowes To Iohn Comin Founder of S. Patrickes Church succeeded Henry Lounders in the Archbishops See of Divelin who builded the kings Castle there being Lord Chiefe Iustice of Ireland him they nicknamed as the Irish doe commonly give additions to their Governours in respect of some fact or qualitie Scorch villaine and Burnebill because hee required to peruse the writings of his Tenants colourably pretending to learne the kinde of each mans severall tenure and burned the same before their faces causing them either to renew their estates or to holde at will In the fourth yeare of King Iohns raigne was founded the Abbey of Dowske in the sixt the Abbey of Wethny in the Countie of Limericke by Theobald le Butler Lord of the Carricke and in the twelfth Richard Tute builded the Monastery of Granard CAP. IIII. Henry the third and Edward the first AFter the death of Lownders Henry the third informed of the Truth and good service done by the Geraldines ever since their first arryvall in the Countrey made Morrice Fitz Gerald the sonne of Morrice aforesaid Lord Iustice. To him sent Edward the Prince surnamed Longshanke for assistance and power of men against the Welch Rebells who leaving Warders in the Castle of Sligaghe by him lately founded together with Phelim Oconnor and a lusty band of souldiours met the king at Chepstovv returned victoriously and by this meanes increased favour streightway they tvvo joyning vvith Cormack mac Dermot Mac Rory made a noble hosting upon Odonill the Irish enemy that invaded and grieved the Kings subjects of Vlster when Lacy was once dead Odonill being vanquished the Lord Iustice
the inhabitants of the county towne of Corke being tyred with perpetuall oppressions of their Irish borderers complained themselves in a generall writing directed to the Lord of Rutheland and Corke the Kings Deputy and to the Councell of the Realme then assembled at Divelin which Letter because it openeth the decay of those partes and the state of the Realme in times past I have thought good to enter here as it was delivered me by Francis Agard Esquire one of her Majesties privy Councell in Ireland It may please your wisedomes to have pittie of us the Kings poore subjects within the county of Corke or else we be cast away for ever for where there was in this countie these Lords by name besides Knights Esquiers Gentlemen and Yeoman to a great number that might dispend yearelie 800. pounds 600. pounds 400. pounds 200. pounds 100. pounds 100. markes 20. pounds 20. markes 10. pounds some more some lesse to a great number besides these Lords following First the Lord Marquesse Caro his yearely revenues was besides Dorzey Hauen and other Creekes 2200. pounds sterling The Lord Barnevale of Bearehaven his yearely revenues was beside Bearehaven and other Creekes 1600. pounds sterling The Lord Vggan of the great Castle his yearely revenues was besides havens and creekes 1300. pounds sterling The Lord Balram of Emforte his yearely revenues was besides havens and creekes 1300. pounds sterling The Lord Courcy of Kilbretton his yearely revenues besides havens and creekes 1500. pounds sterling The Lord Mandevil of Barrenstelly his yearely revenues besides havens and creekes 1200. pounds sterling The Lord Arundell of the strand his yearely revenues besides havens and creekes 1500. pounds sterling The Lord Baron of the Guard his yearely revenues besides havens and creekes 1100. pounds sterling The Lord Sleynie of Baltimore his yearely revenue besides havens and creekes 800 pounds sterling The Lord Roche of Poole-castle his yearely revenue besides havens and creekes 1000. pounds sterling The Kings Majesty hath the Lands of the late young Barry by forfeiture the yearely revenue whereof besides two rivers and creekes and all other casualties is 1800. pounds sterling And at the end of this Parliament Your Lordship with the Kings most noble Councell may come to Corke and call before you all these Lords and other Irish men and binde them in paine of losse of life lands and goods that never any of them doe make warre upon another without licence or cōmandement of you my Lord Deputy the Kings Councell for the utter destruction of these parts is that onely cause and once all the Irish men and the Kings enemies were driven into a great valley called Glanehought betwixt two great mountaines called Maccorte or the leprous Iland and their they lived long and many yeares with their white meat till at the last these English Lords fell at variance among themselves and then the weakest part tooke certaine Irish men to take his part and so vanquished his enemy and thus fell the English Lords at variance among themselves till the Irish men were stronger then they and drave them away and now have the whole country under them but that the Lord Roche the Lord Courcy and the Lord Barry onely remaine with the least part of their auncestors possessions and young Barry is there upon the Kings portion paying his Grace never a penny Rent Wherefore we the Kings poore subjects of the Citty of Corke Kinsale and Yowghall desire your Lordship to send hither two good Iustices to see this matter ordered and some English Captaines with twenty English men that may be Captaines over us all and we will rise with them to redresse these enormities all at our owne costs And if you doe not we be all cast away and then farewell Mounster for ever And if you will not come nor send we will send over to our Liege Lord the King and complaine on you all Thus farre the letter And at this day the Citty of Corke is so encumbred with unquiet neighbours of great power that they are forced to watch their gates continually to keepe them shut at service times at meales from sunne set to sunne arising nor suffer any stranger to enter there with his weapon but to leave the same at a lodge appointed They walke out for recreation at seasons with strength of men furnished they match in wedlocke among themselves so that welnigh the whole citty is allyed together It is to be hoped that the late sent over Lord President of Mounster Sir Iohn Parrot who hath chosen the same place to abide in as having greatest neede of a Governour resident would ease the inhabitants of this feare and scourge the Irish Outlawes that annoy the whole region of Mounster Henry the 4. in the 10. yeare of his raigne gave the Sword to the Citty of Divelin which Citty was first governed as appeareth by their auncient seale called Signum propositurae by a Provost and in the 14. yeare of H. the 3. by a Major two Bayliffes which Bayliffes were changed into Sheriffes by Charter of Edward the 6. an 1547. This Majorality both for state and charge of that office and for the bountifull hospitality exceedeth any Citty in England except London While Henry the 5. reigned I finde lieutenants and deputyes of Ireland specially remembred Iohn Talbott of Hollamshire Lord of Furnyvall Thomas de Lancaster Senischa of England and Stephen le Scroope his Deputy Iohn Duke of Bedford then also Lord Keeper of England and the noble Earle of Ormond Sir Iames Butler whose grandsire was Iames surnamed the chast for that of all vices hee most abhorred the sinne of the flesh and in subduing of the same gave notable example In the red Moore of Athye the sun almost lodged in the West and miraculously standing still in his epicycle the space of three houres till the feat was accomplished and no pit in that bogge annoying either horse or man on his part he vanquished Omore and his terrible Army with a few of his owne and with the like number Arthur Mac Murrough at whose might and puissance all Leinster trembled To the imitation of this mans worthinesse the compiler of certaine precepts touching the rule of a Common-wealth exciteth his Lord the said Earle in diverse places of that Worke incidently eftsoones putting him in minde that the Irish beene false by kinde that it were expedient and a worke of Charity to execute upon them willfull and malicious transgressours the Kings Lawes somewhat sharpely That Odempsye being winked at a while abused that small time of sufferance to the injury of the Earle of Kildare intruding unjustly upon the Castle of Ley from whence the said Deputy had justly expelled him and put the Earle in possession thereof that notvvithstanding their oathes and pledges yet they are no longer true then they feele themselves the vveaker This Deputye tamed the Obriens the Burckes Mac-banons Ogaghnraghte Manus Mac
farthest part of Wales beheld Ireland and said I will have the shippes of my kingdome brought hither wherewith I will make a bridge to invade this land Murchard King of Leynster heard thereof and after he had paused a while asked of the reporter hath the King in that his great threatning inserted these words if it please God No then said he seeing this King putteth his trust onely in man and not in God I feare not his comming Anno 1095. Murchard so writeth Holinshed alias Morogh King of Leynster with the Clergie and people of the Citie of Dublin elected one Samuel a Monke of Saint Albans an Irish man borne to the governement of the Church and Bishops See of Dublin and according to the antient custome presented him by sufficient letters of testimony unto Anselme Archbishop of Canterburie to be consecrated by him who according to their request did so and tooke of him an oath of Canonicall obedience after the usuall manner Anno 1097. the Citizens of Waterford perceiving that by reason of the great multitude of people in that citie it was necessarie for them to have a Bishop obtained licence of their King and Rulers to erect in their Citie a Bishops See and besought them to write to Anselme Archbishop of Canterburie to have his consent therein and permitted them to nominate a man meete for the place Hereupon Morogh King of Leynster wrote unto Anselme informing him of the whole matter wherein one Malchus was commended and presented unto him to be admitted and consecrated if he thought good these letters were subscribed by Murchard King of Leynster Dermotte his brother Bishop Dufnald Idiman Bishop of Meath Samuel Bishop of Dublin and Ferdomnachus a Bishop in Leynster Anselme considering their request to be honest and necessarie examined the man gave him the oath of Canonicall obedience and consecrated Malcus Bishop of Waterford About this time to wit Anno 1098. the Normans having slaine Rees ap Twyde Prince of South-Wales they bent their forces against Griffith ap Conan Prince of North-Wales by the conduct of Hugh de Montgomerie Earle of Saloppe and Arundell called of the Welchmen Hugh Gough and of Hugh Vras Earle of Chester Griffith the Prince fled to the mountaines and sent for aide into Ireland saith Caradoc where he received cold comfort then to avoid farther mischiefe and treason which hee suspected to have beene wrought against him fled into Ireland In the same season Magnus King of Norway so Stow calleth him the sonne of Olavus the sonne of Harold Harvager came with great forces and subdued the Iles of Orknay with the I le of Man entred into Anglesey incountred with Hugh Earle of Salop who withstood his landing in the which skirmish Hugh the Earle had an arrow shot in his face which pierced his braine of which he died whereupon the Normans retraited Magnus invadeth Ireland saith Saxo Grammaticus and Griffith the Prince of Wales returned to his country and made peace with the Normans and governed the same fiftie yeeres Many things worthy of memory are recorded of this Griffith ap Conan Powell writeth that hee was an Irish man by his mother daughter of the King of Dublin and also by his Grandmother and that hee was borne in Ireland and that he brought over with him out of that country into Wales divers cunning Musitians who devised in manner all the instrumentall musicke upon the Harpe and Crowth that is there used and made lawes of minstrelsee to retaine the Musitians in due order I have not yet done with Magnus the Norwegian of him Camden writeth a worthy storie Magnus saith he caused a fleete to bee in readinesse of an 160. saile and sailed into the Orkeneys the which he forthwith subdued he passed through all the Ilands made them subject unto him and arrived in the I le of Man when hee beheld how pleasant the Iland was he made choice thereof for habitation fortified therein which of him to this day beares his name Hee so hampered the inhabitants of Galloway in Scotland that hee made them bring him timber to his Port for the frame of his fortifications Afterward he sailed to Anglesey in Wales where he met with two Hughs both Earles the one he slue the other he put to flight and made the Iland subiect unto him The Welsh men gave him many gifts and rewards he bade them farewell and so returned to Man He sent to Murchard alias Morogh King of Ireland his shooes commanding him to hang them upon his shoulders upon Christmas day as he passed through his Hall in the sight of his Embassadors that thereby he might understand that he was subject to Magnus the king When the Irish men heard thereof they tooke it in ill part and chafed exceedingly but King Morogh a wise and a sage Prince smiling at the conceit with great modesty and discretion gave this answer I will not onely beare his shooes but I had rather eate them then that King Magnus should destroy any one Province in Ireland Whereupon he fulfilled his command honoured his Ambassadors sent many Presents unto King Magnus and concluded a league The Ambassadors upon their returne related all circumstances gave great report and commendation of the land delivered how pleasant and fruitfull the soile was the temperature of the ayre and how healthfull the dwelling was Magnus hearing this immediately it ranne in his head to conquer all Ireland he commanded a great fleet to be in a readinesse and he himselfe going before with sixteene saile privily to espie and search out the strength of the land and unadvisedly ranging from his shippes was upon a sodaine compassed and hemmed in by the Irishmen and slaine with all in a manner that were with him Thus Magnus is become Minimus in fine hee was buried in Saint Patrickes Church of Downe So farre Camden in substance The British Chronicle writeth how that before this insolent attempt he had procured for his sonne a daughter of King Morogh in marriage and that he made him King of Man but I doe not finde that he enjoyed it Carodoc writeth how that Anno 1101. Robert de Mountgomerie Earle of Salop and Arnulph his brother Earle of Pembroke rebelling against King Henry Robert sent for aide to Magnus but could get none Arnulph sent Gerald of Windesore his Steward to Murchard alias Morogh King of Ireland to desire his daughter in marriage the which hee obtained with promise of great succours which did encourage him the more against the King whereupon Arnulph went with all haste into Ireland for his wife and Irish forces Earle Robert seeing himselfe disappointed sent to the King desiring him that he might forsake the Realme which thing the King granted and he sailed into Normandie Arnulph received message from the King that either he should follow his brother and depart the land or yeeld himselfe to his mercie he chose to forsake the land and fled into Ireland Not long after Owen the sonne of
Cadogan after hee had done great mischiefe and spoile upon the English Normans Flemings and Welsh men fled into Ireland to King Morogh who joyfully received him for he had beene there before returned to Wales and fled thither the second time and in like sort the third time Anno 1113. or thereabout Griffith the sonne of Rees ap Twyder Prince of South-Wales who for feare of the King had beene of a childe brought up in Ireland came to Gerald Steward of Pembroke his brother in law and others of his friends to recover his country whom the King by secret policies and practises pursued so that hee was forced to flee againe In the time of King Henry the first I finde that there was great stirre betweene Murchard or Morogh King of Leynster and the Citizens of Dublin for it seemeth that hee used grievous exactions and tyrannies over them so that the Dublinians in revenge of him sent for Godred King of Man and the Ilands so writeth Camden and made him their King Morogh mustereth his country gathereth forces procureth aide marcheth against his enemies pitcheth his campe at the towne of Coridelis sent his brother by the mother side Osibell with three thousand horse well appointed to Dublin where hee was slaine by Godred and by the men of Dublin and the rest discomfited and put to flight Godred found himselfe well satisfied with spoiles and returned to Man they of Dublin likewise thought themselves in some sort reasonably well revenged of their King quitted themselves for a while and by mediation and intercession after many Presents and Gifts were reconciled There was great banquetting and feasting and ioy outward of all sides but inward lay venome and treason like sparkles of fire covered with ashes which broke forth not long after as I am readie to deliver Stanihurst Grace and Dowlinge doe write that the Councell of the Citie determining to establish and decree many good lawes and orders for the publike weale of the towne and commons of the same appointed a solemne day of meeting sent for Morogh their King humbly craving with all loyall circumstances his presence counsaile and assistance among them at the day appointed the which hee granted when the day came and that they had debated many matters the King as he sate merrily in his chaire sporting himselfe and reporting some pleasant historie one suddenly stept unto him and tooke away his weapon the rest came upon him and stabbed him to the death they were not content with this but they cast him into a base grave and in further contempt and dispute of his person they threw a dogge upon him and earth upon them both the which Dermotte his sonne revenged afterwards as shall appeare in processe of the historie About the yeere 1134. after Functius his computation one Harold borne in Ireland so writeth Saxo gathered forces and became the terrour of Norway affirming withall that he was the sonne of Magnus the Dane that invaded Ireland and for truth thereof he would declare it by fire When the time and place was appointed with his bare feet he trode upon a fierie plate and felt no hurt the Norwegians admired and would make him their King which was the roote of many mischiefes in Norway He was a man faire spoken strong hardy and swift of foot and it seemeth after the manner of Ireland that he went much bare so that the soles of his feet were as hard as horne and could not easily take harme by fire by which meanes he deceived the Norwegians Nicholaus King of Denmarke corrupted Magnus of Norway by secret meanes to cut him off Magnus practised with Ericus a Danish Captaine to dispatch him immediately after his Coronation To bee short Ericus came with great forces to Scypetors a Village where Herald was in the night time laid siege to his Pallace and by the breake of day pulled him and his sonnes forth by the head and shoulders and put them to death In the time of Henry 1. King of England flourished Celsus Bishop of Armagh and ended his dayes with the entrance of King Stephen to the Crowne He descended of Noble Parentage in Ireland whom Saint Bernard with others for divers rare and singular gifts highly commendeth he had beene brought up in the Vniversitie of Oxenford where in the liberall sciences and profound literature he excelled others of his time when he perceived by the infirmities of his body that age hastened to an end and that his naturall course was in short time to be finished he desired of them that were present their favours and prayed them to use meanes unto others that were absent and especially unto the two Kings of Mounster so Bernard writeth that Malachias might succeed him in the Bishopricke of Armagh He was a married man and died of great age and lyeth buried with his wife and children in the said Church Malachias in the time of King Stephen succeeded Celsus in the Bishopricke of Armagh whose life Saint Bernard Abbot of Clarevallis Capgrave and Conganus an Abbot of Ireland have written at large He was borne in Ireland amongst barbarous people saith Bernard yet in his birth and native soile hee sucked of them no more barbarousnesse then the Sea fish take of the salt water His Parents for wealth and might were in great account in those dayes he was brought up at Armagh under Imarius the Anachorite where Celsus made him both Deacon and Priest at the age of 25. yeeres from thence with licence of Imarius and of Celsus he went to Malchus Bishop of Lismore in Mounster a man of Irish birth that had beene a Monke sometimes in the Abbey of Winchester in England and from thence advanced to the Bishopricke of Lismore And to make the historie plaine there was at that time great warres betweene Cormacke King of Mounster and his brother for the Soveraignty the brother prevaileth Cormacke fleeth to the Bishop of Lismore and in his distressed estate tooke a Monkes Cell and led a private life Malachias was appointed his Tutor where Cormacke continued untill that a King there adjoyning pittying his miserie gathered forces and restored him to his kingdome Immediately after this Letters came for Malachias in most earnest sort that he should come to Armagh where not farre off an Vncle of his a man of great command a Lord of a country rich and potent that held in his hands all the wasted Monasterie of Benchâ—r alias Bengor dwelled of which Monasterie I have spoken before in the raigne of King Arthure Malachias upon his comming restored these possessions and reedifieth the old Monasterie and appointed one Malchus brother to Christianus Abbot of Melâ—efont governour of the place when Malachius was thirty yeeres of age he was made Bishop of Conor Conorets saith Bernard where hee met by his owne report more then I am willing to lay downe in writing so rude and barbarous a people as worse could not be found upon the face of the earth yet
and his whole practise came to nought Wherefore let us with one minde like those valiant Frenchmen in our rightfull cause in the defence of our country and safeguard of the lives of our wives and children couragiously give the onset upon our enemies And whiles these strangers are but few in number let us stoutly issue out upon them The fire while it is but in embers and sparkles may easily be covered with ashes but if it breake into flames it is hard to be quenched wherefore it is expedient we stoppe beginnings and prevent sicknesse when it creepeth least when it takes roote it will hardly be cured wherefore cheere my hearts wee fight for our country and liberty let us leave unto our posterity an immortall fame let us march on and lustily assault them that the overthrow of a few may be a terrour to many and that it may be a president unto all forraigne Potentates never to attempt the like againe Dermot Mac Morogh and his men receive intelligence of this march and the approach of the enemy and beholding his men somewhat dismaid turned him to them with loving countenance yee men of Leynster my naturall subjects of my flesh and bloud whom loyalty truth and kindred hath hitherto lincked together let us live together and dye together in the defence of our persons and country you see how that wicked and ambitious minded Rodericke the Author of many mischiefes not contented with his owne country and kingdome seeketh now the soveraignty and dominion over the whole land the which I hope God will not permit You see his glory his pride and audacious attempts how he lifteth up his head and looketh aloft he trusteth to his multitude doubt you not but that God is on our side and the rightfull cause ours though wee of country birth to you Leinster men I speake bee not so many as they are neither so well appointed it forceth not for victory is not measured by multitude but by valour and courage and oftentimes wee know that a few stout and hardy men have foiled troupes of sluggards dastards and white liverd Souldiers If you mistrust any defect in your selves behold a present supply at your back and elbow Doe not you see these Worthy Knights these Valiant Warriers these Noble gallants the flowre of Brittaine their valour in part you have sufficiently tryed their furniture excelleth their order and aray is most comely they have forsaken their native soyle their friends and kindred and all for our sakes will they fly no they have burned their Ships the Land will yeeld them neither succour nor refuge neither will the bloody tyrant Roderic shew any mercy wee are sworne the one to the other while breath lasteth and life endureth If the enemy pretend with the sword to chastise us for our sinnes as it appeareth by their slaunderous shamelesse reports alas what have you done God knoweth your consciences are cleare your cause honest to take Armes in defence of your Prince and Countrey Why doe they not behold the blemishes nay the hainous enormities and villanies that raigne among them Their carrows their kerne their theeves their murders their swearing their lying their drunkennesse their whordome and bloody minds who reformeth The Tyrant Roderic hath murdered his owne naturall brother hee hath three wives alive he hath eleven bastards by severall women O villaine to behold a mote in our eye and cannot see a beame in his owne If the tyrant make challenge and pretend title to Leinster because the same hath sometimes beene tributarie to some one King of Connoght by the same reason also may wee demand and challenge all Connoght for our ancestors have beene sole Governours of both and Monarchs of all Ireland The Lawes of all Nations doe permit and allow to resist and withstand force and injury with force and strength Let us be of good courage wee stand vpon a good ground our seat is naturally very strong of it selfe now by our industry made more defensive feare nothing quit your selves like men When Dermot had made an end of his Irish Oration Robert Fitz Stephens in the Brittish tongue turneth him to the Brittaines You my companions in martiall affaires you lusty young gallants that have endured with me many perils yet still retaine your noble and valiant courage consider whence wee came what wee are and the cause we have in hand we are lineally descended from Troy whose fame hath filled the whole earth and now lately some of us out of Normandy have seated our selves in Brittaine and have to our wives children and kindred of the ancient and noble Brittish race of the one we cary our valiant and noble mind of the other wee learned the experience in feates of Armes wee are not come hither as pirats and theeves to robbe and spoile as it is well knowne unto you wee had our native soile to inhabit wee had our kindred about us and the countenance of great persons wee came after the course of the World as Marshall men but in an honest cause to take our adventures Heere wee are our friends are with us our foes are in armes against us wee are well appointed the enemy is but a wilde naked rasâ—all and savage people feare nothing our cause is good Dermot sought us we sought not him hee loveth our nation and our friends in former times have found friendship in his Countrey hee is a Prince lately exiled whose fall is more to be pittied then envied we are to comfort him to aide him and to restore him to his Kingdome It is more honorable to make then to be a King and to restore then to exile he is a Prince of a bountifull mind hee hath promised large for us and our heires after us hee hath in part already most faithfully performed his yeeres are many and his daies are but few after him wee shall enjoie his and if we overcome the enemy wee shall possesse all feare not death it is but a short delay betweene transitory and eternall life it is but a short passage from vaine and temporall delights to certaine and perpetuall joies if we conquer here wee shall inherit here and purchase unto us immortall fame if we misse here we are sure of a Kingdome in another world Roderic considering with himselfe the events of warres how doubtfull and uncertaine they are wrought all meanes to intreat for peace being timerous to adventure battaile with strangers whose force hee mightily feared and whose puissance and valour being renowned he was loth to encounter withall he sent messengers unto Dermot Mac Morogh promising him that hee and his heires should in peace and quietnesse enjoy all Leinster and acknowledge him for his chiefe King and Monarch and to yeeld unto him the service and homage that to that belonged and that he should deliver him his sonne Cunthurus Cnothurinus saith Stanyhurst for pledge and hostage And if the peace were truly kept and performed Roderic promised to give him his
Conquest 300. Horses 400. Oxen and for performance of all services gave him 14. pledges when they were presented the King made choice of 30. principall Horses gave backe all the rest confessing himselfe greatly pleasured at his hands Anno 1172. upon Saint Lukes day the 18. of October Henry the 2. the 17. yeere of his raigne the 41. of his age entred the Haven of Waterford so writeth Cambrensis that lived then and being landed to the harty joy of the English and fained welcome of the Irishmen had by them of Wexford formerly spoken of Robert Fitz Stephens in irons presented before him whom the Wexfordians herein I commend Stanihursts indifferent dealing rather of malice cankard spight then for just cause did charge with many hainous crimes The King advisedly to pacifie the rage of furious people for for the present time committed him to prison whence shortly after he was with honour and credit discharged and advanced to his great preferment After that the King had a little rested himselfe and the messengers scattered themselves with newes over the land the Princes were amazed they knew the Kings greatnesse was such if faire meanes would not force should constraine them and therefore in policie resolved themselves to yeeld allegiance homage and fealtie Whereupon Dermot Mac Carty Prince of Corke began became tributarie sware faith truth and loyaltie to the King of England And the King thereupon gave the kingdome of Corke to Robert Fitz Stephens and Miles Cogan as hereafter more at large shall appeare From Waterford the King raised his army and marched towards Lismore where he tarryed two daies and from thence he marched to Cashill not farre from the Shure and thither came to him Donald O Bren Prince of Limric who submitted himselfe became tributarie and swore fealty whereupon the King as hee had formerly done with Corke appointed a Governour for Limric then also came in Donall Prince of Ossorie and Omelaghlen Ophelin Lord of the Decies with all the chieftaines of Mounster submitting themselves as others had formerly done surrendring unto the Kings hands their territories and holding them againe at his pleasure Thence the King returned to Waterford left there his houshold and Robert Fitz Barnard governour of the towne and marched with his army towards Dublin In his iourney there came unto him of the chiefest commanders of the land Omathelan Machelan Ophelan O Mac Chelweie Gille Mac Holemoc O tuell helly Ocathdhessy O Caraell of Vriell and Roric the sonne of Monoculus of Meth. But Roderic the Monarch came no neerer then the Shanon where Hugh de lacy and William Fitz Aldelme by the Kings command met him and hee desiring peace submitted himselfe swore allegiance became tributarie and did put in as all others had done hostages and pledges for the performance of the same Thus was all Ireland saving Vlster brought in subjection and every Prince of the other parties in his owne person saving Roderic King of Connaght submitted himselfe but he subtilly alledged that he submitted Connaght but not the command of all Ireland the which he reserved for the Monarch and his successors but of this hereafter if God permit Christmas drew on which the King kept at Dublin where hee feasted all the Princes of the land and gave them rich and beautifull gifts they repaired thither out of all parts of the land and wonderfull it was to the rude people to behold the Majestie of so puissant a Prince the pastime the sport and the mirth and the continuall musicke the masking mumming and strange shewes the gold the silver and plate the precious ornaments the dainty dishes furnished with all sorts of fish and flesh the wines the spices the delicate and sumptuous banquets the orderly service the comely march and seemly array of all officers the Gentlemen the Esquires the Knights and Lords in their rich attire such as rugged Mantles and Irish Troosses were never acquainted withall the running at Tilte in compleat harnesse with barb'd horses where the staves shivered and flew in splinters safer to sit then upon an Irish Pillion that playeth crosse and pile with the rider the plaine honest people admired and no mervaile but now to more serious matters Henry 2. having thus conquered Ireland with the envy of the French and forraigne Princes without one drop of sweat without drawing of sword or shedding of one drop of English bloud as it became his Princely calling turned himselfe to reforme the state Ecclesiasticall and the misdemeanours of holy Church whereof Cambrensis writeth In the yeere of Christs incarnation 1172. and in the first yeere when Henry the most Noble King conquered Ireland Christianus Bishop of Lismore and Legate of the Apostolike See Donatus Archbishop of Cashill Laureance Archbishop of Dublin and Catholiâ—us Archbishop of Tuemond with their Suffragans and fellow Bishops Abbots Priors Deanes and Archdeacons and many other Prelates of the Church of Ireland by the commandment of the King did assemble themselves and kept a Synod at Cashill and there debating many things concerning the wealth estate and reformation of the Church of Ireland did provide remedies for the same At this Councell in behalfe of the King whom he had sent thither there were Raffe Abbot of Buldeway Raffe Archdeacon of Landaffe Nicholas the Kings Chaplaine with divers other Clerkes sundry good statutes and wholesome lawes were there devised which were after subscribed and confirmed by the King himselfe and under his authority which were these that follow First it is decreed that all good and faithfull Christian people throughout Ireland shall refraine and forbeare to marry with their neere kins folkes and cousins and match with such as lawfully they might doe Secondly that children shall be catechized without the Church door and baptized in the Font appointed in the Church for the same purpose Thirdly that every Christian doe truely and faithfully pay yeerely the tithes of his Cattell Corne and all other his increase and profits to the Church or Parish where he is a parishioner Fourthly that all the Church lands and possessions throughout all Ireland shall be free from all secular exactions and impositions and especially that no Lords Earles or Noble men nor their children nor family shall extort or take any cony and livery cosheries or cuddies or any other like custome from thence forth in or upon any of the Church land and territories and likewise that neither they nor any other person doe thenceforth exact out of the said Church lands old wicked and detestable customes of cony and livery the which they were wont to extort upon such townes and villages of the Churches as were neere and next bordering upon them Fiftly when carik or composition is made among the laye people for any murther that no person of the Clergie though he be a kinne to any of the parties shall contribute any thing thereunto but as they bee guiltlesse of the murther so shall they be free from paying of money for any such release for
with issue out of the bushes and ditches and effect his traiterous devices The night before the parly Griffith the nephew of Robert and Morice being the sonne of William the elder brother dreamed in his sleepe that he saw a great heard of wild hogges rush upon Hugh Delacy and his uncle Maurice and that one of them being more furious and raging then the rest had rent them with his tuskes and tore them in pieces if he had not with his force rescued them and killed the Bore this dreame troubled him exceedingly wherewith he acquainted his company and made him and the rest be the more upon their keeping to prevent treachery The houre of parlee came they met and confered together Griffith not forgetting his dreame made choice of seven tall men of his owne kindred in whom he reposed great trust and confidence well mounted with swords sparthes and sheilds raunged the fields as nigh the Hill as they might and made sundry Carreers and brave Turnaments under pretence of recreation and pleasant pastime yet alwaies casting an eye to the Hill to see the end of this parlee Hughe Delacy and Ororic being somewhat long together Ororic to worke his treason stept aside faining to make water upon the signe he gave his men brought him his horse and sparth the which he taking upon his shoulder ment therewith to have cloven Hughe Delacy his head if the interpreter had not stept betweene whose arme was cleane cut off and himselfe wounded to the death Maurice Fitz Girald and Griffith his nephew rush in the traitours of the one side the true men of the other are together by the eares when Ororic the traitor tooke horse to runne away Griffith with his launce runne him through and killed him and his horse and three of his men cut off his head and sent it to the King of England this was the end of Orirics treason and the effect of Griffiths dreame Immediatly upon this Earle Richard being formerly upon reconciliation made with the King appointed Seneschall of Ireland is now sent out of Normandy by especially commission from the King with Reimondle grosse his brother in Law in joint commission to governe the whole land to be his Lieutenant in Ireland where he found the Irish saith Cambrensis constant in inconstancy firme in wavering and faithfull in untruthes he found emulation betweene Hervy and Reimond and the Army in a mutiny for lacke of pay at Herveies hands whereupon he made Reimond Lievetenant of the forces Reimond immediatly mustred his men drew them forth to the Decies among the Rebels where they preyed and spoiled Secondly they marched to Lismore where they did the like Lastly along the Sea cost they goe with their booties preyes and rich pillage towards Waterford and finding at Dunganan some thirteene botes out of Waterford and other places they lade them with their preys intending by water to saile for Waterford while they waited for wind Corke men envyed their successe prepared 32. Barks manned and furnished them out out of their Towne to overthrow Reimond and the English men and to recover the preyes they met they fought cruelly Corke men are overthrowne and their Captain Gilbert Mac Turger was slaine by a valiant Knight Philip Welsh and finally Adam Herford with all his charge safely arrived in Waterford Reimond was not at this skirmish but by the way he met with Dermot Mac Corty Prince of Desmond who with great power was come to the aid of the men of Corke They likewise skrimished and fell to a cruell fight where Dermot forsooke the field with small credit and Reimond went to Waterford with foure thousand head of cattell Immediatly upon this newes came out of England unto Reimond that William Fitz Girald his father was departed this life whereupon he sailed to Wales and Hervey De monte Marisco was appointed by the Earle Lieutenant of the forces This Hervey to advance his credit purposed to worke some exploits and drew out of Dublin the Earle to Cashil there also after consultation by mandat from the Earle he appointed the Souldiers that were at Dublin to meet him When they came as farre as Ossorie Donald Prince of Limirik having by his espials before hand intelligence thereof stole upon them in the morning slue of them foure Knights whereof O Grame an Irish man was one and foure hundred souldiers with this the Earle was discouraged and went to Waterford the Irish gathered heart and determined to roote out al the Englishmen So that Roderic Prince of Conoght tooke this opportunity passed the Shannan and wasted all to the walles of Dublin The Earle being in this perplexity wrote unto Reimond that was in Wales As soone as you have read those our letters make all the haste you can to come away and bring with you all the helpe and force you can make and then according to your own will and desire you shall assuredly enjoy that which you long looked for Immediatly he prepared himselfe together with his cousin Meilerius shipped 30. young Gentlemen of his own kindred 100. horsemen with 300. archers foot of the best chosen men of all Wales and in 20. Barkes arrived in Waterford It was at such time as the Waterford men had determined to kill every English man within the walles but when they saw the Barkes come in with flags and banners displaid they were astonied and staid their course Reimond entreth the towne of Wexford setteth all in order taketh the Earle with him and all their forces and went to Wexford hee had left behinde him one Purcell his Lievetenant to guard the town whom the Waterfordians slue and put to the sword of English birth man woman and childe but such as had fled to Reynolds towre plagued them sore afterwards drove them to intreate for peace the which they obtained with hard conditions And saith the booke of Houth the Waterfordians were ever after the lesse beleeved For all the troubles in England and Normandie and these treasons and rebellions in Ireland the King was not unmindefull to quiet the people and to establish himselfe and his heires in the kingdome first he sent Embassadors to Rome to cleere himselfe of the death of Thomas of Canterbury secondly he sent messengers thither concerning the state of Ireland whereunto Alexander the third answered as followeth Alexander the Bishop the servant of the servants of God to his dearely beloved sonne the Noble King of England greeting grace and Apostolike benediction Forasmuch as things given and granted upon good reason by our predecessors are to be well allowed of ratified and confirmed wee well considering and pondering the graunt and priviledge for and concerning the dominion of the land of Ireland to us appertaining and lately given by Adrian our predecessor we following his steps doe in like manner confirme ratifie and allow the same reserving and saving to Saint Peter and to the Church of Rome the yeerely pension of one penny out of every house
Monastery of Grenard was founded by Richard Tute who shortly after miscarried at Athlone by the fall of a Turret and was buried in the same Monastery About the same time in the yeere 1209. the Monastery of Forte was founded by Walter Lacy Lord of Meth. Anno 1210. and the twelfth yeere of his raigne King Iohn came into Ireland and landed at Waterford with an huge army marvellous well appointed to pacifie that rebellious people that were universally revolted burning spoyling preying and massacring the English Fabian and Graffton alleage the cause that moved the Irishmen to this rebellion to have been for that the King endevord to lay grievous taxes upon them towards his aide in the warres against the French King which they could not brooke and therefore rose in armes against their Soveraigne When hee came to Dublin the whole Countrey fearing his puissance craved peace and flocked unto him along the sea cost the Champian Countries and remote places receiving an oath to bee true and faithfull unto him There were 20. Reguli of the chiefest rulers within Ireland which came to the King to Dublin and there did him homage and fealty as appertained Harding nameth them Lord O Neale and many more Walsingham remembreth Catelus King of Conaght it forceth it not though they misse the right names of place and person it is a fault in manner common to all foraigne writers After this hee marched forwards into the land and tooke into his hands divers Fortresses and strong Holds of his enemies that fled before him for feare to be apprehended as William le Bruse Mathilda his wife William their sonne with their traine of whom I spake before also Walter de Lacy Lord of Meath and Hugh de Lacy Earle of Vlster and Lord Iustice of Ireland fearing his presence fled into France their exaction oppression and tyranny was intolerable Likewise they doubted how to answer the death of Sir Iohn de Courcy Lord of Ratheny and Kilbarrock within 5. miles of Dublin whom they had murthered of especiall malice and deadly hatred First for that he was of the house of Sir Iohn de Courcy Earle of Vlster whom the Lacies alwaies maligned Secondly for that he had made grievous complaints of them in England to King Iohn the tryall whereof they could not abide Vpon the sight of the Lacies King Iohn made Iohn Gray Bishop of Norwich his deputy Of these Lacies it is further remembred in the Booke of Houth and other antiquities how that in France they obscured themselves in the Abbey of S. Taurin and gave themselves to manuall labour as digging delving gardening planting and greffing for daily wages the space of 2. or 3. yeares the Abbot was well pleased with their service and upon a day whether it were by reason of some inkling or secret intelligence given him or otherwise demaunded of them of what birth and parentage they were and what Country they came from when they had acquainted him with the whole hee bemoned their case and undertooke to become a suiter unto the King for them in a word hee obtained the Kings favour for them thus farre that they were put to their fyne and restored to their fromer possessions so that Walter de Lacy paid for the Lordship of Meath 2500. Markes and Hugh his brother for Vlster and Conaght a greater summe Hugh de Lacy in remembrance of this kindnesse which the Abbot shewed them tooke his nephew his brothers sonne with them into Ireland one Alured whom he Knighted and made Lord of the Dengle The Monkes also which out of that Monastery hee had brought with him into Ireland hee honoured greatly and gave them entertainment in Four the which Walter De Lacy had formerly builded King Iohn having pacified the land ordained that the English Lawes should bee used in Ireland appointed 12. English shires with Sheriffes and other Officers to rule the same according unto the English Ordinances hee reformed the Coine and made it uniforme some say it was Gray his Deputy of like weight and finenes and made it currant as well in England as in Ireland When hee had disposed of his affaires and ordred all things at his pleasure he tooke the sea againe with much triumph and landed in England the 30. day of August Anno 1213. When the French King by instigation of Innocentius 3. Bishop of Rome prepared to invade England King Iohn eftsoone understanding thereof made provision accordingly to answer his enterprise and among others the cause why the story is here inserted Holinshed writeth how that to his aid the Bishop of Norwich the Kings Deputy of Ireland levied an Army of 300. foot well appointed beside horsemen which arrived in England to the encouragement of the whole Campe. And as the French was frustrate of his purpose so they shortly returned with great joy to their native Country In the same yeere Viz. 1213. Iohn Comin Archbishop of Dublin departed this life and was buried in the Quire of Christ-Church whom Henry Loudres succeeded in the dayes of this King Iohn This Henry builded the Castle of Dublin and was made Lord Iustice of Ireland His tenants nic-named him Schorchbill or Schorcvillen upon this occasion Hee being peaceably stalled in his Bishopprike summoned all his tennants and farmers at a certain day appointed to make their personall appearance before him and to bring with them such evidences and writings as they enjoyed their holds by the tenants of the day appointed appeared shewed their evidences to their Landlord mistrusting nothing hee had no sooner received them but afore their faces upon a suddain cast them all into a fire secretly provided for the purpose this fact amazed some that they became silent moved others to a stirring choller and furious rage that they regarded neither place nor person but brake into irreverent speeches Thou an Archbishop nay thou art a Schorcvillen an other drew his weapon and said as good for me kill as be killed for when my evidences are burned and my living taken away from me I am killed The Bishop being thus tumult and the imminent danger whipt out at a backe doore His Chaplains Registers and Summoners were well knockt and some of them left for dead They threatned to fire the house over the Bishops head some meane was made for the present time to pacifie their outrage with faire promises that all hereafter should be to their owne content upon this they departed the intent of the promises I cannot learne othersome inveigh against it but in fine complaint thereof being made to Henry 3. the King thought so hardly of the course that he removed him from his Iusticeship and placed in his roome Maurice Fitz Girald of whom hereafter This Loudreds was buried in Christ Church In the same yeere also King Iohn being mightily distressed through the practises of hir Archbishops Bishops Abbots Monkes Priests of his dominions and the Barons of his Kingdome revolting and the inward hatred of the
by the said heire of Vlster had issue Walter and hee had issue five daughters 1. Ellen that married Robert le Bruse King of Scotland 2. Elizabeth that married the Earle of Gloster 3. Iohan that married Thomas Earle of Kildare 4. Katherine that married the Earle of Louth 5. Margaret that married the Earle of Desmond the 6. Ellinor that married with the Lord Multon notwithstanding these honourable matches and amity concluded in the outward sight of the world there rose deadly warres between the Giraldins and Burks which wrought blood sheds troubles by partaking throughout the Realme of Ireland at the same time the fury of the Giraldins was so outragious in so much that Morice Fitz Maurice the second Earle of Desmond opposed himselfe against the sword and tooke at Trisledermote now called Castle Dermocke Richard de Capella the Lord Iustice Theoball le Butler and Iohn or Millis de Cogan and committed them to the prisons in Leix and Donamus but the yeere following Henry the third not pleased with these commotions and hurly burlies by mature advice taken of his Councell pacified the variance betweene them discharged Denny of his Iusticeship and appointed David Barry Lord Iustice in his place Anno 1267. David Barry tooke by the appointment of the King the sword of Iusticeship and the command of Ireland and quelled or tamed saith the English Anonymos the insolent dealing of Morice Fitz Maurice Cousin german to Girald The same yeere saith Iohn Clinne the Fryers Preachers first of all settled themselves at Rosse in Wexford and the Minors at Kilkennie and two yeeres after at Clonemell Anno 1268. Conochur Obrian was slaine by Dermot Mac Monard and the same yeere saith Felcon and Clinne Maurice Fitz Gerald Earle of Desmond was drowned crossing the seas between England and Ireland leaving behind him a sonne and heire of the age of 3. yeeres and a halfe The same yeere Robert Vfford became Lord Iustice of Ireland and began to build the Castle of Roscommon Anno 1269. Richard de Excester was made Lord Iustice who dyed the same yeere together with his wife Margery de Say the same yeere saith Florilegus Othobone the Popes Legat held a Councell at Paules in London where he called before him the Clergy of England Wales Ireland and Scotland and left among them certaine constitutions which were afterward commended by Linwood and are at this day in request the which constitutions of Otho and Othobon were afterwards confirmed by the Archbishop of Canterbury in Ed. 1. raigne Holinshead Anno 1270. The Lord Iames Audley was made Lord Iustice of Ireland and dyed with the fall of a horse in his time Florilegus and Holinshead note there was great commotion in Ireland the Irish tooke Armes against the English burned spoiled destroied and slue as well the Magistrates as others Clinne goeth more particularly to worke and delivereth how that the King of Conaght by force of Armes in the plaine field overthrew Walter Burke Earle of Vlster who hardly escaped with life yet dyed the yeere following and slue a great number of Nobles and Knights that held with the Burk and among others by especiall name the Lord Richard Verdon and the Lord Iohn Verdon and that there ensued over all Ireland great famine and pestilence as the sequell of warres About this time say our Antiquaries the Bishop of Rome sent to Ireland requiring the tithes of all spirituall promotions for 3. yeeres to come to maintaine his warres against the King of Aragon the which was greatly murmured at and gainesaid yet the Nuntio went not empty away Anno 1272. the most renowned King Henry the third having lived 65. yeeres and raigned 56. and 28 dayes ended his dayes and was buried at Westminster Edward the first of that name sonne of King Henry the third surnamed Long-shankes of the age of 35. yeers began his raigne Anno 1272. Anno 1272. and the first of Edward the first his raigne Maurice Fitz Maurice was made Lord Iustice in whose time the Irish brake out into cruell rebellion rased and destroyed the Castles of Aldleeke Roscommon Scheligath and Randon this Maurice saith Clyn not long after was betrayed by his owne followers in Ophali taken and imprisoned Anno 1273. the Lord Walter Genvill who lately returned home from the Holy Land was sent into Ireland and appointed Lord Iustice in his time so write Dowlinge and Grace the Scots and Red-shankes out of the high land crossed the seas burned townes and villages most cruelly killed man woman and childe tooke a great prey and returned home afore the country could make preparation to pursue them but in a while after to bee revenged of them Vlster and Connaught mustred a great Armie under the leading of Richardus de Burgo and Sir Eustacele Poer knight made after them entred the Islands and high land of Scotland slue as many as they could finde burned their Cabbans and Cottages and such as dwelt in caves and rockes under ground as the manner is to denne out Foxes they fired and smothered to death covering their entrances into the ground with great and huge stones and so returned into Ireland Anno 1276. what time Thomas Clare came into Ireland and married the daughter of Maurice Fitz Maurice The Castle of Roscommon was taken by the Irish and a great overthrow given vnto the English men at Glynburry Glandelory saith Clyn where William Fitz Roger Prior of the Kings hospitallers and many others were taken prisoners and a great number of others were slaine at what time also Ralph Pepard and Otholand gave O Neale a sore battaile Anno 1277. Walter Lord Genuill was sent for into England and Robert Vfford the second time tooke the office of Iusticeship at this time Muridath or Murtagh a notable rebell was taken at the Noraght by Gualter de Fant and executed Thomas Clare likewise in this rebellion slue Obryan Roe King of Thomond and yet after this the Irish drew such a draught that they closed him up in Slew Banny together with Maurice Fitz Maurice his father in law and all their forces untill they gave hostages to escape with their lives upon condition to make satisfaction for the death of O brian and his followers and in the meane while to yeeld them up the Castle of Roscommon although the conditions seemed hard prejudiciall to the Kings Maiesty yet were they driven for safeguard of their lives to condiscend thereunto In this rebellious season to cleere himselfe that in his owne person he came not to daunt the enemy Robert Vfford the Lord Iustice was sent for into England who substituted in his roome one Fryer Robert Fulborne Bishop of Waterford who when he had cleered himselfe came and resigned his place of Iusticeship Anno 1278. there rose civill warres no better then rebellion betweene Mac Dermot de Moylargo and Cathgur O Conoghor King of Connaught where there was great slaughter and bloud-shed on both
having beene once so low brought and thoroughly subjected they afterwards lifted up themselves so strongly againe and sithence doe stand so stiffely against all rule and government Iren. They say that they continued in that lowlinesse untill the time that the division between the two houses of Lancaster and Yorke arose for the Crowne of England at which time all the great English Lords and Gentlemen which had great possessions in Ireland repaired over hither into England some to succour their Friends here and to strengthen their partie for to obtaine the Crowne others to defend their lands and possessions here against such as hovered after the same upon hope of the alteration of the kingdome and successe of that side which they favoured and affected Then the Irish whom before they had banished into the mountaines where they lived onely upon whitt meates as it is recorded seeing now their lands so dispeopled and weakened came downe into all the plaines adjoyning and thence expelling those few English that remained repossessed them againe since which they have remained in them and growing greater have brought under them many of the English which were before their Lords This was one of the occasions by which all those Countreyes which lying neere unto any Mountaines or Irish desarts had beene planted with English were shortly displanted and lost As namely in Mounster all the lands adjoyning unto Slewlogher Arlo and the bog of Allon In Connaght all the Countries bordering upon the Curlues Mointerolis and Orourkes Countrey In Leinster all the lands bordering unto the Mountaines of Glanmalour unto Shillelah unto the Brackenah and Polmonte In Vlster all the Countreyes neere unto Tirconnel Tyrone and the Scottes Eudox. Surely this was a great violence but yet by your speach it seemeth that onely the Countreyes and valleyes neere adjoyning unto those mountaines and desarts were thus recovered by the Irish but how comes it now that we see almost all that Realme repossessed of them was there any more such evill occasions growing by the troubles of England Or did the Irish out of those places so by them gotten breake further and stretch themselves out thorough the whole land for now for ought that I can understand there is no part but the bare English Pale in which the Irish have not the greatest footing Iren. But out of these small beginings by them gotten neare to the mountaines did they spread themselves into the Inland and also to their further advantage there did other like unhappy accidents happen out of England which gave heart and good opportunity to them to regaine their old possessions For in the raigne of King Edward the fourth things remained yet in the same state that they were after the late breaking out of the Irish which I spake of and that noble Prince began to cast an Eye unto Ireland and to minde the reformation of things there runne amisse for he sent over his brother the worthy Duke of Clarence who having married the heire of the Earle of Vlster and by her having all the Earledome of Vlster and much in Meath and in Mounster very carefully went about the redressing of all those late evills and though he could not beate out the Irish againe by reason of his short continuance yet hee did shut them up within those narrow corners and glynnes under the mountaines foote in which they lurked and so kept them from breaking any further by building strong holdes upon every border and fortifying all passages Amongst the which hee repaired the Castle of Clare in Thomond of which Countrey he had the inheritance and of Mortimers lands adjoyning which is now by the Irish called Killaloe But the times of that good King growing also troublesome did lett the thorough reformation of all things And thereunto soone after was added another fatall mischeife which wrought a greater calamity then all the former For the said Duke of Clarence then Lord Lieutenant of Ireland was by practise of evill persons about the King his brother called thence away and soone after by sinister meanes was cleane made away Presently after whose death all the North revolting did set up Oneale for their Captaine being before that of small power and regard and there arose in that part of Thomond one of the O-Briens called Murrogh en-Ranagh that is Morrice of the Ferne or wast wilde places who gathering unto him all the reliques of the discontented Irish eftsoones surprised the said Castle of Clare burnt and spoyled all the English there dwelling and in short space possessed all that countrey beyond the River of Shanan and neere adjoyning Whence shortly breaking forth like a suddaine tempest he over-ran all Mounster and Connaght breaking downe all the holds and fortresses of the English defacing and utterly subverting all corporate Townes that were not strongly walled for those he had no meanes nor Engines to overthrow neither indeed would hee stay at all about them but speedily ran forward counting his suddennesse his most advantage that he might overtake the English before they could fortifie or gather themselves together So in short space hee cleane wyped out many great Townes as first Inchequin then Killalow before called Clariford also Thurles Mourne Buttevant and many others whose names I cannot remember and of some of which there is now no memory nor signe remaining Vpon report whereof there flocked unto him all the scumme of the Irish out of all places that ere long he had a mighty Army and thence marched foorth into Leinster where he wrought great out-rages wasting all the Countrey where he went for it was his policie to leave no hold behinde him but to make all plaine and waste In the which he soone after created himselfe King and was called King of all Ireland which before him I doe not reade that any did so generally but onely Edward le Bruce Eudox. What was there ever any generall King of all Ireland I never heard it before but that it was alwayes whilst it was under the Irish divided into foure and sometimes into five kingdomes or dominions But this Edward le Bruce what was hee that could make himselfe King of all Ireland Iren. I would tell you in case you would not challenge me anon for forgetting the matter which I had in hand that is the inconvenience and unfitnesse which I supposed to be in the lawes of the Land Eudox. No surely I have no cause for neither is this impertinent thereunto for sithence you did set your course as I remember in your first part to treate of the evils which hindered the peace and good ordering of that Land amongst which that of the inconvenience in the lawes was the first which you had in hand this discourse of the over-running wasting of the Realme is very materiall thereunto for that it was the begining of al the other evils which sithence have afflicted that land opened a way unto the Irish to recover their possession to beat out the English which had
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 contented
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
in other Countreyes but that is nothing now to our purpose but as for these garrisons which you have now so strongly planted throghout all Ireland and every place swarming with Souldiers shall there bee no end of them For now thus being me thinkes I doe see rather a Countrey of warre then of peace quiet which you earst pretended to worke in Ireland for if you bring all things to that quietnesse that you said what then needeth to maintaine so great forces as you have charged upon it Iren. I will unto you Eudox. in privitie discover the drift of my purpose I meane as I tolde you and doe well hope thereby both to settle an eternall peace in that Countrey and also to make it very profitable to her Majestie the which I see must bee brought in with a strong hand and so continued till it runne in a steadfast course of governement which in this sort will neither bee difficult nor dangerous for the Souldier being once brought in for the service into Vlster and having subdued it and Connaght I will not have him to lay downe his Armes any more till hee have effected that which I purpose that is first to have this generall composition for maintenance of these thoroughout all the Realme in regard of the troublous times and daylie danger which is threatned to this Realme by the King of Spaine And thereupon to bestow all my Souldiers in such sort as I have done that no part of all that Realme shall be able to dare to quinch Then will I eftsoones bring in my reformation and thereupon establish such a forme of government as I may thinke meetest for the good of that Realme which being once settled and all things put into a right way I doubt not but they will runne on fairely And though they would ever seeke to swerve aside yet shall they not bee able without forreine violence once to remoove as you your selfe shall soone I hope in your own reason readily conceive which if it shall ever appeare then may her Majestie at pleasure with-draw some of the garrisons and turne their pay into her Purse or if shee will never please so to doe which I would rather wish then shall shee have a number of brave olde Souldiers alwayes ready for any occasion that shee shee will imploy them unto supplying their garrisons with fresh ones in their steed The maintenance of whome shall bee no more charge to her Majestie then now that Realme is for all the revenue thereof and much more shee spendeth even in the most peaceable times that are there as things now stand And in time of warre which is now surely every seventh yeare shee spendeth infinite treasure besides to small purpose Eudox. I perceive your purpose but now that you have thus strongly made way unto your reformation and that I see the people so humbled and prepared that they will and must yeeld to any Ordinance that shall bee given them I doe much desire to understand the same for in the beginning you promised to shewe a meanes how to redresse all those inconveniences and abuses which you shewed to bee in that state of Government which now stands there as in the Lawes Customes and Religion wherein I would gladly know first whether in steed of those Lawes you would have new lawes made for now for ought that I see you may doe what you please Iren. I see Eudox. That you well remember our first purpose and doe rightly continue the course thereof First therefore to speake of lawes since wee first beganne with them I doe not thinke it now convenient though it bee in the power of the Prince to change all the lawes and make new for that should breede a great trouble and confusion aswell in the English there dwelling and to be planted as also in the Irish. For the English having beene alwayes trayned up in the English governement will hardly bee inured to any other and the Irish will better be drawne to the English then the English to the Irish governement Therefore sithence wee cannot now apply lawes fit to the people as in the first institutions of common-wealths it ought to bee wee will apply the people and fit them unto the Lawes as it most conveniently may bee The Lawes therefore wee resolve shall abide in the same sort that they doe both Common-law and Statutes onely such defects in the common-law and inconveniences in the Statutes as in the beginning wee noted and as men of deeper insight shall advise may be changed by some other new acts and ordinances to bee by a Parlament there confirmed As those for tryalls of pleas of the Crowne and private rights betweene parties colourable conveyances and accessaries Eudox. But how will those be redressed by Parlament when as the Irish which sway most in Parlament as you said shall oppose themselves against them Iren. That may well now bee avoyded For now that so many Free-holders of English shall bee established they together with Burgesses of Townes and such other loyall Irish-men as may bee preferred to bee Knights of the Shire and such like will bee able to beard and to counter-poise the rest who also being now more brought in awe will the more easily submit to any such ordinances as shall bee for the good of themselves and that Realme generally Eudox. You say well for by the increase of Free-holders for their numbers hereby will be greatly augmented but how shall it passe thorough the higher house which still must consiste all of Irish Iren. Marry that also may bee redressed by ensample of that which I have heard was done in the like case by King Edward the third as I remember who being greatly bearded and crossed by the Lords of the Cleargie they being there by reason of the Lords Abbots and others too many and too strong for him so as hee could not for their frowardnesse order and reforme things as hee desired was advised to direct out his Writts to certaine Gentle-men of the best ability and trust entituling them therein Barons to serve and sitt as Barons in the next Parlament By which meanes hee had so many Barons in his Parlament as were able to weigh downe the Cleargy and their friends The which Barons they say were not afterwardes Lords but onely Baronets as sundry of them doe yet retayne the name And by the like device her Maiestie may now likewise curbe and cut short those Irish and unruly Lords that hinder all good proceedings Eudox. It seemes no lesse then for reforming of all those inconvenient Statutes that you noted in the beginning and redressing of all those evill customes and lastly for settling of sound Religion amongst them me thinkes you shall not neede any more to over-goe those particulars againe which you mentioned nor any other which might besides be remembred but to leave all to the reformation of such a Parlament in which by the good care of the Lord Deputie Councell they may