with lesser proportions For when Scipio Pompey and Caesar and other Generals of the Roman Armies as Subjects and Servants of that State and with the Publick Charge had Conquered many Kingdomes and Common-Weals we find them rewarded with Honorable Offices and Triumphs at their return and not made Lords and Proprietors of whole Provinces and Kingdomes which they had subdued to the Empire of Rome Likewise when the Duke of Normandy had Conquered England which he made his own work and perform'd it in his own person he distributed sundry Lordships and Manners unto his Followers but gave not away whole Shires and Countries in Demesne to any of his Servitors whom he most desired to advance Again From the time of the Norman Conquest till the Reign of King Edward the First many of our English Lords made War upon the Welch-men at their own charge the Lands which they gained they held to their own use were called Lords Marchers and had Royal Liberties within their Lordships Howbeit these particular Adventurers could never make a Conquest of Wales But when King Edward the First came in person with his Army thither kept his Residence and Court there made the reducing of Wales an enterprize of his own he finished that work in a Year or two whereof the Lords Marchers had not perform'd a third part with their continual Bordering War for two hundred Years And withall we may observe that though this King had now the Dominion of Wales in jure proprietatis as the Statute of Rutland affirmeth which before was subject unto him but in jure feodali And though he had lost divers principal Knights and Noble men in that War yet did he not reward his Servitors with whole Countries or Counties but with particular Mannors and Lordships As to Henry Lacie Earl of Lincoln he gave the Lordship of Denbigh and to Reighnold Gray the Lordship of Ruthen and so to others If the like course had been used in the winning and distribuiting of the Lands of Ireland that Island had been fully conquered before the Continent of Wales had been reduced But the truth is when private men attempt the Conquest of Countries at their own charge commonly their enterprizes do perish without success as when in the time of Queen Elizabeth Sir Thomas Smith undertook to recover the Ardes and Chatterton to reconquer the Fues and Orier The one lost his Son and the other himself and both their Adventures came to nothing And as for the Crown of England it hath had the like Fortune in the Conquest of this Land as some Purchasers have who desire to buy Land at too easie a Rate they find those cheap Purchasers so full of trouble as they spend twice as much as the Land is worth before they get the quiet possession thereof And as the best policy was not observed in the distribution of the Conquered Lands That the first English Adventurers in Ireland were deceived in the choice of the fittest places to settle their Plantations in so as I conceive that the first Adventurers intending to make a full Conquest of the Irish were deceived in the choice of the fittest places for their Plantation For they sate down and erected their Castles and Habitations in the Plains and open Countries where they found most fruitful and profitable Lands and turned the Irish into the Woods and Mountains Which as they were proper places for Out-laws and Thieves so were they their Natural Castles and Fortifications thither they drave their preys and stealths there they lurkt and lay in wait to do mischief These â—â—st places they kept unknown by making the ways and entries thereunto impassable there they kept their Creaghts or Herds of Cattle living by the Milk of the Cow without Husbandry or Tillage there they encreased and multiplyed unto infinite numbers by promiscuous generation among themselves there they made their Assemblies and Conspiracies without discovery But they discovered the weakness of the English dwelling in the open plains and thereupon made their Sallies and Retreats with great advantage Whereas on the other side if the English had builded their Castles and Towns in those places of fastness and had driven the Irish into the plains and open Countries where they might have had an eye and observation upon them the Irish had been easily kept in order and in short time reclaimed from their wildness There they would have used Tillage dwelt together in Town ships learned Mechanical Arts and Sciences The Woods had been wasted with the English Habitations as they were afterwards about the Forts of Mariborough and Philipston which were built in the fast places in Leinster and the ways and passages throughout Ireland would have been as clear and open as they are in England or Ireland at this day Having thus far recounted the manifold defects mischiefs and impediments that both in the Civil and Martial Affairs so long obstructed the ful Conquest of Ireland I should have here also briefly recited the many good Laws and Ordinances made and enacted from time to time by the Kings of England and the Parliaments in Ireland for redressing the said mischiefs and inconveniences but all fair endeavours and purposes of this kind proving abortive and ineffectual for want of the Sovereign Sword as well as the Royal Scepter to put the same in execution I shall now onely set forth the Nature of the Irish Customs with the evil Consequences thereof and then proceed to a conclusion of this discourse containing those Affairs that shall appear most remarkable in the reigns of Queen Elizabeth King James and King Charles the First and especially in the Reign of our present Gratious Sovereign King Charles the Second in order to the Reformation and good Government of this Realm If we consider the Nature of the Irish Customs The Nature of the Irish Customs destructive to all good Government we shall find that the people which doth use them must of necessity be Rebels to all good Government destroy the Common-Wealth wherein they live and bring Barbarisme and Desolation upon the richest and most fruitful Land of the World For whereas by the just and honorable Law of England and by the Laws of all other well governed Kingdoms and Common-wealths Murder Manslaughter Rape Robbery and Theft are punished with Death By the Irish Custom or Brehen Law the highest of these offences was punished onely with Fine which they called an Erick Therefore when Sir William Fitz-Williams being Lord Deputy told Maguire that he was to send a Sheriff into Farmannagh being lately before made a County your Sheriff said Maguire shall be welcome to me but let me know his Erick or the price of his head before hand that if my people cut it off I may cut the Erick upon the Country As for Oppression Extortion and other trespasses the weaker had never any remedy against the stronger whereby it came to pass that no man could enjoy his Life his Wife his Lands or
several factions the Popish Irish party of the supream Counsel against the Popes Nuntio and his party afterwards some English and Irish for and others against my Lord of Ormonds Peace and at last some of the Protestant party and of the Irish for the King and some others of both parties for the rump-Rump-Parliament but all in a confusion till the year 1649. The English find an opportunity to be throughly revenged en the Irish Anno 1649. c. At what time a considerable Army of English being transported into Ireland where after two Disputes the one at Dublin and the other at Tredagh the Royal party there finding no probability of effecting any thing advantageous to his Majesties Service joyning their forces with those newly landed out of England so bore down the Irish that in less space than three years there was scarce an Irish man through all Ireland that durst hold up his hand against them and by a necessary severity put in practice for the soon finishing of the War the whole Kingdome became upon a sudden so depopulated that considering what vast numbers of people were destroyed by the Sword Famine and Plague it is thought that in the conclusion of the said War there was not left living the eighth part of all the Irish Nation a just judgment of God inflicted on them for their notorious Barbarisme committed in their massacring the English The Irishry being thus broken the Irish Proprietors of Lands within the Provinces of Munster Leinster The Irish being broken are Transplanted into the Provinces of Connaght and County of Clare and Vlster were commanded by Proclamation by a certain day upon pain of Death to Transplant themselves into the Province of Connaght and County of Clare there to receive their proportions of Land according to their Qualifications the which very speedily and submissively they performed accordingly This Province of Connaght and County of Clare for their Natural and Artificial strength are worth the noting being altogether environed on the West and South-west part thereof by the vast Ocean and almost encompassed on the East and North-East part thereof in the whole length from North to South for the space of one hundred and forty miles or thereabouts with the great for the most part impassable River Shannon except by Boat or Bridge And on all sides and parts of the said Province of Connaght and County of Clare so beset with mighty strong Garrisons as namely Limrick Galloway Athlone James-Town the Forts of Slego and Belick in the County of Mayo with many other Garrisons of lesser moment and yet of no small strength that should the Irish at any time appear to stir in the least to oppose the Ruling power it were no less then wilfully to expose themselves to immediate slaughter and the mercy of the Sword This service being thus perform'd together with the turning out about the same time by degrees all the Popish Irish Proprietors out of all the strong Towns and Cities in Ireland Some part of the English Army disbanded after the Irish Transplantation and bringing in Protestant Planters as fast as they could to succed them in their habitations soon after followed the disbanding of certain Regiments of the Army who received their respective proportions of Land for their Arrears in the Provinces of Lynster Munster and Vlster according to their Lots upon every Acre whereof was imposed a certain Chiefry or Quit-Rent to be yearly paid after the expiration of five years towards the defraying of the Publick charge of the Kingdome The same method was soon after observed in satisfying the Arrears of the rest of the Army And about the same time the Commissioners sate at Athlone for determining the Qualifications of the Irish who having there received their doom immediately posted to Lougreah to get their respective proportions of Land to be assigned to them either in Connaght or the County of Clare according to the tenor of their said determined Qualifications from Commissioners siting at Lougreah for that purpose upon every Acre whereof a Quit-Rent was also imposed to be paid yearly after the expiration of five years as aforesaid towards the Publick charge All these things being effected The English and Irish setled upon their respective proportions of Lands within the compass of three years Whereupon followed a strange alteration in the general Face and State of Ireland and brought to this pass within the compass of three years or thereabouts this settlement having been first begun Anno 1653. there appeared within three or four years following such a strange alteration in the general Face and State of Ireland as might justly work much admiration in any sober man who having travelled over a considerable part of this Realm in the years 1652 and 1653. should on one side but consider what a dreadful wast Country he had beheld where for ten sometimes twenty or thirty Miles together nay indeed almost all the Kingdom over except about the English Garrisons one should not behold The lamentable condition all Ireland was reduced unto in the close of the War An. 1652 1653. Man Bird or Beast appear the very wild Fowls of the Aire and the wild Beasts of the Field being either dead or having departed out of those Desolations and thousands of Irish daily starving for want of Food did in this extremity ordinarily feed on the Souldiers Horses for which no satisfaction was in any times received but with the loss of their lives Nay the Famin grew generally at last to that height that the Irish did not only feed upon Horses but upon dead Corps taken out of the Graves the English Army and all those that followed them being in the mean time necessitated to be upon the matter wholy supplyed out of England with all manner of Provisions as well as Pay I say these things being seriously considered could not choose but pierce a heart of Stone with grief and sorrow Ireland reviving again from its ruinous coâ—dition But on the other side what true hearted English man or indeed any Christian but would have rejoyced to see a considerable number of all sorts of people repairing securely from all parts of the Country four times in the year to receive Justice in the four Courts of Judicature at Dublin according to the nature of their Complaints To see the Judges twice a year ride through all the Circuits in Ireland bravely attended and entertained by the Sheriffs Justices of the Peace and many other persons of good quality being all English accompanied also with many Irish both Gentry and Commons To see moreover both English and Irish together with the additional number of many thousands of English Welch and Scots with some Dutch that yearly Transported themselves hither to Plant diligently applying themselves all over Ireland to Tillage and breeding of of all sorts of Cattle with a competent proportion whereof the whole Country became in a few years indifferently well Planted
great loss whether it turned to the benefit of the Queen or no is not known But to the Treasurers and Paymasters without doubt it brought in good gain whose avarice which is a diligent searcher of hidden gains may seem to have devised it The Money now generally used in Ireland there being little of English because prohibited to be transported thither beyond the summe of five pounds as I take it for the better encouragement of Trade between both Kingdoms is most of all Spanish Coyn to wit pieces of Eight at 4 s. 6 d. the piece consisting of Plate pieces Mexico and old Peru with half and quarter pieces The new Perues whereof there was a good quantity being not long since called in and by reason they were thought to be abused and falsified converted into Plate to the great benefit of some in Dublin and the no small loss at that time of a great many people in Ireland A piece of old English Gold is hardly to be seen in Ireland except what is closely kept in private hands though there was a great proportion thereof before the late Wars which commonly passed from hand to hand in ordinary Payments There is a small quantity of Brass Coyn that is used there for the conveniency of change I have already hinted Buildings how that the Irish by reason of their Barbarous Laws and Customs did never build any Houses of Brick or Stone some few poor Religious Houses excepted before the Reign of King Henry the Second which seems as manifest as strange by the entertainment of the said King received at their chief City of Dublin Anno 1172. who was unavoidably necessitated for meer accommodation finding there no fit place for his reception to set up a long house made of smoothed Wattles after the manner of the Country wherein he pompously entertained the greâ—t Irish Lords and Princes at Christmas All their Forts Castles Stately Buildings and other Edifices were afterwards Erected by the English except as I said some of the Maritine Towns which were built by the Ostmanni or Easterlings who antiently came and Inhabited Ireland The Buildings of Ireland much improved by the last forty years Peace During the last forty years peace in Ireland there were many lovely Houses built through most part of that Kingdom by the English Nobility and Gentry with delicate improvements in Orchards Gardens and Inclosures correspondent thereunto There was also at the same time by way of imitation the like good indeavours of making handsome Improvements and Buildings by the better sort of Irish both in Towns and Country But the fair Dwellings of the English were so badly handled by the Irish in the heat of the War that scarce any part of them except the main Walls escaped from fireing upon which being generally made of Massy Stone the English have rebuilt and are building besides a great number upon new foundations many fair Structures But that which has been hitherto The Nasty Irish Cabbins a great blemish to Ireland and I doubt will ever hereafter be a blemish to the flourishing state of Ireland in point of Building is the great number of Nasty-Smoaky-Cabbins every where made up of Wattles without any Chimnies wherein the poorer sort of Irish do well which cannot be altogether ascribed to their meer poverty and antient custom but rather much more to the uncertainty of the tenure whereby they hold the same being Tenants only but from May to May that so they may more easily quit their Station and try their fortunes else where for an other year though many times to as little effect in case they find themselves over-much opprest by their Landlords Their Parish Churches were generally as meanly built in Ireland as their practice was in Religion but now that the Country comes to be inhabited by a more civil and better Principled people it may be justly hoped and likewise expected that there will be by degrees a Reformation in this particular as well as in other matters of less moment since the handsome building and adorning of Churches do conduce much to draw the rude people to the the reverencing and frequenting thereof CHAP. II. Of the Inhabitants their Laws Religion and Manners Of their Number Language Stature Dyet Attire Recreations Names and Sir-names I have already declared how it is most probable that the first Inhabitants of this Island came hither out of Britain Inhabitants and Laws now called England and Wales And therefore shall proceed to give some farther Account touching the Laws of this Realm both Ancient and Modern The Brehon Law by which the Irish governed themselves was a Rule of Right unwritten but delivered by Tradition from one to another in which often times there appeared great shew of Equity in determining the Right between party and party but in many things repugning quite both to Gods Law and Mans The partiality and impiety of the Brehon Irish Law As for example in the case of Murder the Brehon that is their Judge would compound between the Murderer and the Friends of the party Murdered which Prosecuted the Action that the Malefactor should give unto them or to the Child or Wife of him that is slain a recompence which they called an Eriach By which vile Law of theirs many Murders amongst them were made up and smothered And this Judge being as he was called the Lords Brehon adjudged for the most part a better share unto this Lord that is the Lord of the Soil or the head of that Sept and also unto himself for his judgment a greater portion then unto the Plaintiffs or parties grieved Sir Edward Poynings the best Reformer of the Laws of Ireland He that gave the fairest beginning to the Reformation of the Laws of Ireland of any till his time was Sir Edward Poynings Lord Deputy of Ireland in the Reign of King Henry the Seventh who finding in that Realm nothing but a common misery took the best course he possibly could to establish there a well governed Common-wealth and to that end he held a Parliament no less famous than that of Kilkenny and more available for the Reformation of the whole Kingdom For whereas all wise men did ever concur in opinion that the readiest way to Reform Ireland was to settle a form of Civil Government there conformable to that of England To bring this to pass Sir Edward Poynings did pass an Act whereby all the Statutes made in England before that time were enacted established and made of force in Ireland Neither did he only respect the time past but provided also for the time to come For he caused an other Law to be made that no Act should be propounded in any Parliament of Ireland but such as should be first Transmitted into England and approved by the King and Council there as good and expedient for that Land and so returned back again under the Great Seal of England This Act though it seem Prima facie to restrain
the Liberty of the Subjects of Ireland yet was it made at the Prayer of the Commons upon just and important cause For the Governors of that Realm especially such as were of that Country Birth Poynings Act made at the request of the Commons of Ireland had laid many opprssions upon the Commons And amongst the rest they had imposed Laws upon them not tending to the general good but to serve private turns and to strengthen their particular factions This moved them to refer all Laws that were to be past in Ireland to be considered corrected and allowed first by the State of England which had alwaies been tender and careful of the good of this people and had long since made them a Civil Rich and Happy Nation if their own Lords and Governors there had not sent bad intelligence into England Besides this he took special Order that the Summons of Parliament should go into all the Shires of Ireland and not to the four Shires onely within the English Pale for out of that little Precinct there were no Lords Knights or Burgesses Summoned to the Parliament neither did the Kings Writ run in any other part of the Kingdom and for that cause specially he caused all the Acts of Parliament lately before holden by the Viscount of Gormanston to be repealed and made void On these foundations they have raised many superstructures both of Law and Government enacted in their own Parliaments summoned by the Lord Deputy at the Kings appointment Amongst many inconveniences which have been observed in the Laws of England in relation to the Government of Ireland whereof a reformation was wisht this was a main one That when any of the Irish intended to go into Rebellion Entailing of Lands supported the Rebellions in Ireland they would convey away all their Lands and Lordships to Feoffees in trust whereby they reserved to themselves but a State for term of life which being determined by the sword or by the halter their Lands straight came to their heirs and the Crown of England defrauded of the intent of the Law which laid that grievous punishment upon Traytors to forfeit all their Lands to the Prince to the end that men might the rather be terrified from committing treasons for many which would little esteem of their own lives yet for remorse of their Wives and Children would be with-held from that heinous crime This appeared plainly in the late Earl of Desmond For before his breaking forth into open Rebellion he had conveyed secretly all his Lands to Feoffees of trust in hope to have cut off her Majesty from the Escheat of his Lands which inconvenience though well enough avoided at that time by an Act of Parliament obtained with much difficulty which by cutting off and frustrating all such conveyances as had at any time by the space of twelve years before his Rebellion been made within the compass whereof the fraudulent Feoffment and many the like of others his accomplices and fellow traytors were contained gave all his Lands to the Queen yet were it not an endless trouble supposing such Acts were easily brought to pass that no Traitor or Fellon should be attainted but a Parliament must be called for bringing of his Lands to the Crown which the Law giveth it Although since the time of St. Patrick Anno 430 Christianity was never extinct in Ireland Religion yet the Government being hailed into contrary factions the Nobility lawless the multitude wilful it came to pass that Religion waxed with the temporal common sort cold and feeble untill the Conquest by King Henry the Second did settle it The Honourable state of Marriage they much abused either in contracts unlawful meetings the Levitical and Canonical degrees of prohibition or in divorcements at pleasure or in omitting Sacramental solemnities or in retaining either Concubines or Harlots for Wives yea where the Clergy were faint they could be content to Marry for a year and a day of probation and at the years end to return her home upon any light quarrels if the Gentlewomans friends were weak and unable to avenge the injury Never was there heard of so many dispensations for Marriage as those men show I pray God grant they were all authentick and builded upon sufficient warrant The Disorders of the Church of Ireland about the latter end of Q. Elizabeths Reign and the causes of it About the latter end of Queen Elizabeths Reign the Church of Ireland was infested not onely with gross Symony greedy covetousness fleshly incontinency careless sloath and generally a disordered life in the common Clergy-men But besides all these had their particular enormities for all the Irish Priests which then enjoyed the Church-livings were in a manner meer Lay-men saving that they had taken holy Orders but otherwise they did go and live like Lay-men follow all kind of Husbandry and other worldly affairs as other Irish men did They neither read Scriptures nor preach to the People nor administer Communion but Baptism they did for they Christened then after the Popish fashion onely they took the Tithes and Offerings and gathered what fruit else they might of their Livings the which they converted as badly and some of them they said paid as due Tributes and Shares of their Livings to their Bishops I mean those which were Irish as they received them duly Which shameful abuses the English Governours could not redress because they knew not the parties so offending for the Irish Bishops had their Clergy in such aw and subjection under them that they durst not complain of them so as they might do to them what they pleased for they knowing their own unworthiness and incapacity and that they were still removeable at their Bishops will yielded to what pleased him and he took what he listed yea and some of them whose Diocesses were in remote parts somewhat out of the Worlds eye did not at all bestow the Benefices which were in their own donation upon any but kept them in their own hands and did set their own Servants and horse-boys to take up the Tithes and Fruits of them with the which some of them purchased great Lands and built fair Castles upon the same Of which abuse if any question were moved they had a very seemly colour and excuse that they had no worthy Ministers to bestow them upon but kept them so unbestowed for any such sufficient person as should be offered unto them To meet with this mischief there was a Statute enacted in Ireland which seems to have been grounded upon a good meaning That whatsoever English-man of good conversation and sufficiency should be brought to any of the Bishops and nominated unto any Living within their Diocess that were presently void that he should without any contradiction be admitted thereunto before any Irish which good Law though it had been well observed and that none of the Bishops had transgressed the same yet it wrought no Reformation thereof for many defects First there
Affairs of that Kingdome expecting direction from hence the delays whereof were oftentimes through other greater affairs most irksome the oportunities there in the mean time past away and greater danger did often grow which by such timely prevention might easily have been stopped And this is worthily observed by Machiavel in his discourses upon Livie where he commendeth the manner of the Romans Government in giving absolute Power to all their Councellors and Governors which if they abused they afterwards should dearly answer And the contrary thereof he reprehendeth in the States of Venice of Florence and many other Principalities of Italy who use to limit their chief Officers so strictly as that thereby they have oftentimes lost such happy occasions as they could never come unto again The like whereof who so hath been conversant in the Government of Ireland especially during Queen Elizabeths Reign hath too often seen to their great hindrance and hurt That besides the want of Power there were eminent defects observed in the managemet of the publick Affairs of Ireland Besides this want of Power which did hinder the good Reformation of Ireland there were eminent defects noted in the mangement of the publick Affairs of that Kingdom by some of the chief Governors thereof who seeing the end of their Government to draw nigh and some mischiefs and practices growing up which afterwards might work trouble to the next succeeding Governor would not attempt the redress or cutting off thereof either for fear they should leave the Realm unquiet at the end of their Government or that the next that came should receive the same too quiet and so happily win more praise thereof than they before And therefore they would not seek at all to repress that evil but would either by granting protection for a time or holding some emparlance with the Rebel or by treaty of Comissioners or by other like devices only smother and keep down the flame of the mischief so it might not break out in their time of Government what came afterwards they cared not or rather wish'd the worst To this may be added The savoring of the Irish and depressing of the English an ill practice by some of the Lord Deputies of Ireland that when the Irish have been broken by the Sword of one Governour and thereby consequently made fit and capable for subjection another succeeding as it were into his harvest and finding an open way made for what course he pleased bent not to that point which the former intended but rather quite contrary and as it were in scorn of the former and in vain vaunt of his own Councels would tread down and disgrace all the English and set up and countenance the Irish all that he he could thereby to make them more tractable and buxome to his Government wherein he thought much amiss for surely his Government could not be sound and wholsome for that Realm it being so contrary to the former For it was even as two Physicians should take one sick body in hand at two sundry times of which the former would minister al things meet to purge and keep under the body the other to pamper and strengthen it suddenly again whereof what is to be looked for but a most dangerous relapse Therefore by all means it ought to be fore-seen and assured that after once entering into this course of Reformation there be afterwards no remorse nor drawing back for the sight of any such rueful objects as must thereupon follow nor for compassion of their Calamities seeing that by no other means it is possible to cure them and that these are not of will but of very urgent necessâ—ty The Lord Lieutenant The Lord Deputies of Ireland assâ—sted by a Privy Councel or Lord Deputy of Ireland hath for his assistance a Privy Councel attending on him though resident for the most part at Dublin and in emergencies or cases of more difficult nature proceedeth many times in an arbitrary way without formalities of Law Sir Henry Sidney Lord Deputy of Ireland in Queen Elizabeths time The Lords Presidents of Connaght and Mounster instituted in Queen Elizabeths time to enure and acquaint the People of Mounster and Connaght with the English Government again which had not been in use among them for the space of two hundred years before he instituted two Presidency Courts in those two Provinces placing Sir Edward Fitton in Connaght and John Perrot in Mounster The Lord President of Mounster hath one Assistant twelve learned Lawyers and a Secretary CHAP. IV. Of the Title changed from Lord to King of Ireland in the time of Henry the Eighth Of the Titles of the Crown to every part of Ireland and to the whole diverse ways And several claims to the Land of Ireland Of the Revenue and Strength Title altered from Lord to King SIR Anthony Saint-Leger Lord Deputy of Ireland in a Parliament which he held the 33. of Henry 8. caused an Act to pass which gave unto King Henry the Eighth his Heirs and Successors the Name Stile and Title of King of Ireland Whereas before that time the Kings of England were stiled but Lords of Ireland Although indeed they were absolute Monarchs thereof and had in right all Royal and Imperial Jurisdiction and Power there as they had in the Realm of England And yet because in the vulgar conceit the name of King is higher than the name of Lord assuredly the assuming of this Title hath not a little raised the Sovereignity of the Kings of England in the minds of this people And because it hath been doubted by some whether we might Lawfully fight against the Irish I shall for farther satisfaction here insert the Right and Title the Crown of England hath to the Kingdom of Ireland as to every part of it and to the whole divers ways I will begin with the Pedigree of William Earl Marshal Title to Leinster for thereupon depend many Records in Ireland and the King of Englands Right to Leinster Walter Fitz Richard who came from Normandy with William the Conqueror died Lord Strongbow of Strigule alias Chepstow without Issue to whom succeeded his Sisters Son who was created the first Earl of Pembroke and had Issue Richard the inheritor of Leinster by a Covenant and Marriage of Eva the Sole Daughter of Mac Murrough King of Leinster This Richard conveyed to Henry the Second all his Title and held of him the Lordship of Leinster in four Counties Wexford Catherlagh Ossory and Kildare Richard left Issue a Daughter Issabel married to William Earl Marshal of England now Earl of Pembroke Lord Strongbow and Lord of Leinster William had Issue five Sons who died without Issue when every of them except the youngest had successively possessed their Fathers Lands and five Daughters Maud Jone Issabel Sibil and Eve among whom the Patrimony was parted Anno 31. H. 3. Of these Daughters bestowed in Marriage are descended many Noble Houses as the Mortimers Bruises Clares
the chief causes that obstructed the Conquest of Ireland till about the latter end of Queen Elizabeths reign as to Martial Affairs And secondly loosness in the Civil Government of Ireland for not communicating the Laws of England to the Irish I shall now endeavour in the next place to give some satisfaction touching those defects that were observed to be in the Civil Policy and Government of this Kingdome which gave no less impediment to the full Conquest thereof which doth first consist in this That the Crown of England did not from the beginning give Laws to the Irishry though the Irish did often desire to be admitted to the benefit of it and protection of the English Laws but could not obtain it For although King Henry the Second before his return out of Ireland held a Counfel or Parliament at Lismore where the Laws of England were willingly accepted off by all the Irishry and that confirm'd by their Oaths And though King John in the twelfth year of his Reign did establish the English Laws and Customes here and the Courts of Judicature at Dublin and placed Sheriffs and other Ministers to rule and govern the people according to the Laws of England yet it is evident by all the Records of this Kingdome that onely the English Colonies and some few Septs of the Irishry as O Neal of Vlster O Malaghlin of Meath O Connagher of Connaght O Brien of Thomond and Mac Muorrogh of Lynster who were enfranchised by special Charters were admitted to the benefit and protection of the Laws of England for in them onely the English Laws were published and put in execution and in them onely did the Itinerant Judges make their Circuits and Visitations of Justice as namely in the Counties of Dublin Kildare Meth Vriel Catherlogh Kilkenny Wexford Waterford Cork Limrick Kerry and Typperary and not in the Countries possessed by the Irishry which contained at least two third parts of the Kingdome and even in these Counties the said Laws stretcht no farther then the Lands of the English Colonies did extend so that the Irish were not only disabled to bring any actions but they were so far out of the protection of the Law as it was often adjudged no Fellony to kill a meer Irish man in time of Peace from whence it came to pass that in all the Parliament Rolls which are extant from the 40th year of Edward the Third when the Statutes of Kilkenny were enacted till the Reign of King Henry the Eighth we find the degenerate and disobedient English called Rebels but the Irish which were not in the Kings Peace are called Enemies Whereby it it is manifest that such as had the Government of Ireland under the Crown of England did intend to maintain a perpetual Separation and Enmity between the English and the Irish pretending that the English should in the end be able to root out the Irish which the English not being able to effect caused a perpetual War between both Nations which continued four hundred and odd years and might have continued to the worlds end if in the end of Queen Elizabeths Reign the Irishry had not been broken and Conquered by the Sword and since the beginning of King James his Reign had not been protected and governed by the Law Contrary to the practice of the Romans and others c. who communicated their Laws to the Conquered This was contrary to the practice of the Roman State which Conquered so many barbarous and civil Nations and therefore knowing by experience the best and readiest way of making a perfect and absolute Conquest refused not to communicate their Laws to the rude and barbarous people whom they had conquered neither did they ever put them out of their Protection after they had once submitted themselves but rather the better to assure their conquest by all the means imaginable they could allured them to Civility and Learning whereof the antient Britains were a famous instance This was also against the practise William the Conqueror used who governed both the Normans and the English under one Law And against the prudent course that hath been observed in the reducing of Wales partly perform'd by King Edward the First and altogether finished by King Henry the Eighth by dividing the whole Countrey into Shires and Circuits and establishing a Common-wealth amongst them according to the English Government by means whereof that entire Countrey was in a short time so securely setled in Peace and Obedience and hath attained to that civility of manners and plenty of all things as now we find it not inferiour to the best parts of England That the over great proportions of Land granted to the first Conquerors of Ireland occasioned great inconveniencies The next Error in the Civil Policy which hindered the perfection of the Conquest of Ireland did consist in the distribution of the Lands and Possessions which were won and conquered from the Irish For the Scopes of Land which were granted to the first Adventurers were too large and the Liberties and Royalties which they obtained therein were too great for Subjects though it stood with reason that they should be liberally rewarded out of the fruits of their own labours since they managed the War upon their own account and received no pay from the Crown of England whereupon ensued divers inconveniencies that gave great impediment to the Conquest for first Earl Strongbow was entituled to the whole Kingdom of Lynster partly by Invasion and partly by Marriage albeit he surrendered the same entirely to King Henry the Second his Soveraign The manner how Ireland was divided amongst the first Engâ—ish Conquerors for that with his License he came over and with the aid of his Subjects he had gained that great Inheritance yet did the King regrant back again to him and his Heiâ—s all that Province reserving only the City of Dublin and the Cantreds next adjoyning with the Maritine Towns and principal Forts and Castles Next the same King granted to Robert Fitz-Stephen and Miles Cogan the whole Kingdom of Corke from Lismore to the Sea To Philip le Bruce he gave the whole Kingdome of Lymrick with the Donation of Bishopricks and Abbies except the City and one Cantred of Land adjoyning To Sir Hugh de Lacy all Meath To Sir John de Courcy all Vlster To William Bourke Fitz-Adelin the greatest part of Connaght In like manner Sir Thomas de Clare obtained a grant of all Thomond and Otho de Grandison of all Tipperary and Robert le Poor of the Territory of Waterford the City it self and the Cantred of the Oastmen only excepted And thus was alâ— Ireland Cantonized among ten Persons of the English Nation And though they had not gained the Possession of one third part of the whole Kingdom yet in Title they were owners and Lords of all so as nothing was left to be granted to the Natives whose petty Kings and Great ones our great English Lords could not endure
in abundance with all sorts of Fish sprinkled with many very sweet Islands and goodly Lakes like little Inland-Seas which will carry even Ships upon their waters adorned with goodly Woods even fit for building of Houses and Ships so commodiously as that if some Prince in the World had them they would soon hope to be Lords of all the Seas and ere long of all the World Also full of very good Forts and Havens opening upon England as inviting us to come unto them to see what excellent Commodities that Country can afford besides the Soil it self most fertile fit to yeild all kind of Fruit that shall be committed thereunto And lastly the Heavens most mild and temperate though somewhat more moist in the parts towards the West How far Ireland differs from England in Aire and Commodities Ireland differs not much from England for all manner of Commodities either for Feeding or Cloathing or for Pleasure or Profit but only in this that the Aire thereof though very wholsome and delectable is neither so clear nor subtil as ours of England by reason of the Sun being frequently overshadowed with clouds even almost as well in Summer as in Winter which is therefore nothing favourable for the ripening of Corn and Fruits but so grateful to the ground that it causeth grass to grow abundantly not only fresh and long but withal very sweet for all kind of Cattle and in Winter is more subject to Wind than Snow or Frost the Wool of this Country is said to be not of so fine a grain as that of England but the Sheep of as large a body and so all other kind of Cattle if bred there after the way of England Coal they have none but what is neer Kilkenny and that in no great quantity however plentifully supplied with Fuel by reason of their neighbouring Boggs though otherwise over-plentifully dispersed through all parts of the Kingdom Iron Ore they have none as I take it but what is brought out of England which occasions as I suppose so few Iron Mills in Ireland there being of late years but two that I have heard off viz. one at Mountrath in the Kings County and another at Corfew in the County of Wexford neer the Town of Wexford the fewness whereof I presume is no great loss to that Country the Woods there the over-plenty whereof was formerly complained of being now of late too much destroyed even to admiration Some Mines of Lead have been found there of late by the industry of the English the chief whereof was that called the Silver Mines in the County of Typperary not far from Limrick out of which was extracted some proportion of Silver which gave it the Denomination England and Ireland may be esteemed without doubt to be two of the most plentiful Kingdoms for Provisions for the extent of them of any in the whole World but that which causes the vast difference between the value of the Stock and Lands of the one and the other though both conveniently situated for Trade is that of Traffick and Commerce and till of late the sloathfulness of the people of Ireland in not disposing themselves to Manufactury a great rectification whereof may be well hoped will fall out even in this our Age whereunto there is already given a very fair beginning by the British Planters Money The Irish till of late times did for the most part mannage their Trade and Commerce amongst themselves by exchange of Wares Trade driven formerly in Ireland hy Commutation of Commodities and commutation of Commodities having little or no coyn stirring even amongst their greatest Lords and Noblemen And no great marvel it should be so in Ireland since that of old the most usual material of money amongst the Roman Provinces was seldome Gold or Silver but Brass sometimes Leather Corium forma publica percussum as Seneca hath it This last kind of Money was by Frederick the Second made current when he besieged Millaine The like is said to have been used here in England in the time of the Barons Wars and why not since no longer ago than in the year 1574 the Hollanders then being in their Extremities made money of Past-board But this happened only in case of necessity The Metals of Gold and Silver having for many hundred years though not in such abundance been the principal instrument of Exchange and Barter and so questionless will continue to the end of the World English Moneys prohibited to be transported out of England into Ireland In the three and fortieth year of Queen Elizabeths Reign being Anno 1601. It was commanded by Proclamation as also King Henry the Seventh had provided by Act of Parliament that no man should carry over English money into Ireland for as much as the Rebels drew unto themselves a great part thereof to buy Ammunition and Provision for the Wars and from thence the Merchants carried it into forraign Countries to the great detriment of England There was therefore a serious deliberation then had about changing the Irish Coyâ— by mingling some Brass with it foâ— that the Irish War drew yearly oâ—â— of England 160000 l. Sterling Here upon some were of opinion that thâ— Charges of the War might be abâ—ted that all the good Money migâ—â— by Exchange be drawn out of Ireland into England that so the Râ—bels when the good Money faileâ— would be excluded from all Coâ—merce with Forreigners and of necessity weakned Others argued 〈◊〉 the contrary that this change woulâ— redound to the dishonor of the Queen and the dammage of the Subject that the good Money of Ireland could not be drawn thence without a great charge to the Queen that the gain gotten thereby if new Money were Coyned in England would not when the Accounts were cast up countervail the Charges of carrying over A Mint not profitable to be set vp in Ireland and much less if it were Coyned in Ireland where a Mint must needs be set up at great Charges and Minters must be hired for great wages Neither could the Commerce of the Rebels with Forreigners be impeached whilst there was Silver in the new Coyn which the Merchant knew well enough how to seperate unto whom it is all one whether he receive one piece of Money or three of the same value and that it was to be feared least the Souldiers would mutiny for thereby their pay would be diminished But Buckhurst Lord Treasusurer a man very skilful in Money matters with much ado extorted from the Queen out of necessity for that is the Law of Time which he urged that the Money should be changed for a time to be called back again afterwards to the highest value for she many times said that this would depress her Fame and be grievous to the Army Yet did the Army continue without tumult and commotion through the Queens rare happiness which retained her Authority with her People joyned with love To the Army certainly it proved a
c. born Subjects to the Crown of England paying ever to the King his Duties reserved Title to Meth. Hugh de Lacy Conquerour of Meth had Issue Walter de Lacy who held the same of King John paying a Fine of four thousand Marks Sterling and hence began all the several Claims there with Alegiance sworn and done by their Ancestors Title to Mounster At the very first arrival of Henry the Second the Princes of Mounster came universally and did homage voluntarily and acknowledged to him and his Heirs Duties and pays for ever John de Courcy Conquerour and Earl of Vlster dyed without Issue Title to Ulster Connaght King John Lord of Ireland gave the Earldome to Hugh de Lacy who who had Issue Walter and Hugh who died without Issue and one Daughter married to Reymond Burke Conquerour and Lord of Connaght Connaght descended to divers Heirs owing service to the Prince but Vlster returned by devolution to the special Inheritance and the Revenues of the Crown of England in this manner The said de Burgo had Issue Richard who had Issue John who had Issue William who was slain without Issue and a Daughter Elizabeth entitled to thirty thousand Marks yearly by the Earldome of Vlster whom Edward the Third gave in marriage to Lionel his second Son Duke of Clarence who had Issue a Daughter Philippe married to Edward Mortimer who had Issue Edmund Anne Elianor Edmund and Elianor died without Issue Anne was married to Richard Earl of Cambridge Son to Edmund of Langley Duke of York fift Son to Edward the Third which said Richard had Issue Richard Plantaginet Father to Edward the Fourth Father to Elizabeth Wife to Henry the Seventh and Mother to Henry the Eighth Father to Mary Edward the Sixth and Elizabeth Several Claims to the Land of Ireland Several claims to the Land of Ireland 1. Mac Gil-murrow King of Ireland with all his Petty Princes Lords and Captains summoned to King Arthurs Court held in Carlion Anno 519. did accordingly their homage and attended all the while his great Feast and Assembly lasted 2. The Monarch of all Ireland and all other both Reges and Reguli for them and for theirs for ever betook themselves to Henry the Second An. Dom. 1172. namely those of the South whiles he lay at Waterford Dermot K. of Corke which is the Nation of the Mac Cartyes at Cashel Donald K. of Limrick which is the Nation of the Obrenes Donald K. of Ossory Mac Shaghlon King of Ophaly at Divelin did the like Okernel King of Vriel Ororick King of Meth Roderick King of all Ireland and of Connaght This did they with consents and shouts of their People and King Henry returned without any Battle given Only Vlster remained which John de Courcy soon after conquered and Oneale Captain of all the Irish there came to Dublin to Richard the Second An. 1399. and freely bound himself by Oath and great Sums of Money to be true to the Crown of England 3. The same time O Brien of Thomond Oconar of Connaght Arthur Mac Murrow of Leinster and all the Irish Lords which had been somewhat disordered renewed their Obedience 4. When Ireland first received the Christian Faith they gave themselves into the Jurisdiction both Spiritual and Temporal of the See of Rome The Temporal Lordship Pope Adrian conferred upon Henry the Second and he gave the same to John his younger Son afterwards King of England and so it returned home to the Crown 5. Alexander the Third confirmed the Gift of Adrian as in both their Charters is expressed at large 6. Vivian the Legate on the Popes behalf did Accurse and Excommunicate all those that fell from the Obeysance of the Kings of England 7. The Clergy twice Assembled once at Cashell secondly at Armagh plainly determined the Conquest to be Lawful and threatnad all people under pain of Gods and holy Churches indignation to accept of the English Kings for their Lords from time to time 8. It would ask a Volume to recite the Name of such Irish Princes who since the Conquest have continually upon Occasions Revolts or Petitions sworn Truth and Faith to the Kings of England and from time to time received Honors Wages Fees Pardons and made Petitions And thus I think no reasonable man will doubt of a Right so old so continued so ratified and so many ways confessed The Kings Revenue in Ireland was spent and wholy exhausted in the publick service and therefore The Kings Revenue in Ireland wholy spent on that Kingdome in all the ancient Pipe-Rolls in the times of King Henry the Third Edward the First Edward the Second and Edward the Third between the Receipts and Allowances there is this entrie In Thesauro nihil For the Officers of the State and the Army spent all so as there was no surplusage of Treasure And here I may well take occasion to shew the vanity of that which is reported in the Story of Walsingham touching the Revenue of the Crown in Ireland which he saith did amount to thirty thousand Pounds a year in the time of King Edward the Third The vain story of 30000 l. yearly Revenue in E 3ds time refuted If this Writer had known that the Kings Courts had been established in Ireland more than a hundred years before King Edward the Third was born or had seen either the Parliament Rolls in England or the Records of the Receits and Issues in Ireland he had not left this vain report to Posterity for both the Benches and Exchequer were erected in the twelfth year of King John And it is Recorded in the Parliament Rolls of 21. of Edward the Third remaining in the Tower that the Commons of England made Petition that it might be enquired why the King received no benefit of his Land in Ireland considering he possessed more there than any of his Ancestors had before him Now if the King at that time when there were no standing Forces maintained there had received thirty thousand pounds yearly at his Exchequer in Ireland he must needs have made profit by that Land considering that the whole charge of the Kingdome in the 47th year of Edward the Third when the King did pay an Army there did amount to no more than eleven thousand and two hundred pounds per Annum as appeareth by the Contract of William Winsore Besides it is manifest by the Pipe-Rolls of that time whereof many are yet preserved in Breminghams Tower and are of better credit than any Monks story that during the Reign of King Edward the Third the Revenue of the Crown of Ireland both certain and casual did not rise unto ten thousand pound per Annum though the medium be taken of the best seven years that are be found in that Kings time The like Fable hath Hollingshead touching the Revenue of the Earldome of Vlster which saith he in the time of King Richard the Second was thirty thousand Marks by the year Whereas in