DVring the time of my Seruice in IRELAND (which began in the first yeare of his Ma­iesties raigne) I haue visited all the Prouin­ces of that Kingdome, in sundry iournies and circuits. Wherein I haue obserued the good Temperature of the Ayre; the Fruitt [...]iness of the Soyle; the pleasant and commodious seats for ha­bitation; the safe and large Ports and Ha­uens [Page 2] lying open for Trafficke, into all the West parts of the world; the long Inlets of many Nauigable Riuers, and so many great Lakes, and fresh Ponds within the Land; (as the like are not to be seene in any part of Europe) the rich Fishings, and Wilde Fowle of all kinds; and lastly, th Bodies and Minds of the people, endued with extraordinarie abilities of Nature.

THe obseruation whereof, hath bred in me some curiositie, to con­sider, what were the true causes, why this Kingdome, whereof our Kings of England haue borne the Title of So­ueraign Lords for the space of foure hun­dred and odde yeares (a period of time wherein diuers great Monarchies haue risen from Barbarisme to Ciuilli­tie and fallen againe to ruine) was not in all that space of time, thoroughly subdued and reduced to Obedience of the Crowne of England, although there [Page 3] hath been almost a continuall warre between the English and the Irish; and why the maners of the meere Irish are so little altred since the dayes of King Henry the second, as appeareth by the description made by Giraldus Cambren­sis, who liued and wrote in that time) albeit, there haue bin since that time, so many English Colonies planted in Ire­land, as that, if the people were num­bered at this day by the Poll, such as are descended of English race, would bee found more in number, then the ancient Natiues.

AND truly, vpon consideration of the conduct and passage of affaires in former times, I find, that the State of England ought to be cleared of an im­putatiō, which a vulgar error hath cast vpon it, in one point; namely, That Ire­land long since might haue beene subdued and reduced to Ciuility, if some statesmen in po­licy, had not thoght it more fit to continue that [Page 4] Realme in Barbarisme. Doubtlesse, this vulgar Opinion (or report) hath no true ground, but did first arise either out of Ignorance, or out of Malice. For it will appeare by that which shal heereafter be laide downe in this Dis­course, that euer since Our Nation had any footing in this Land, the State of England did earnestly desire, and did accordingly endeuour from time to time, to perfect the Conquest of this kingdom, but that in euery age there were found such impediments & de­fects in both Realmes, as caused al­most an impossibility, that thinges should haue bin otherwise then they were.

THe Defects which hindred the Per­fection Two maine impediments of the con­quest. of the Conquest of Ireland, were of two kinds, and consisted; first, in the faint prosecution of the warre, and next, in the loosenesse of the ciuill Gouern­ment. For, the Husbandman must first [Page 5] breake the Land, before it bee made capeable of good seede: and when it is thoroughly broken and manured, if he do not forth with cast good seed into it, it will grow wilde againe, and beare nothing but Weeds. So a bar­barous Country must be first broken by a warre, before it will be capeable of good Gouernment; and when it is fully subdued and conquered, if it bee not well planted and gouerned after the Conquest it wil est-soones return to the former Barbarisme.

TOuching the carriage of the Mar­tiall The faint pro­secution of the warre. affaires, from the seuenteenth yeare of King Henry the second, when the first ouerture was made for the Conquest of Ireland (I meane the first after the Norman Conquest of Eng­land) vntill the nine and thirtith yeare of Queene ELIZABETH, when that Royall army was sent ouer to sup­presse Tirones Rebellion, which made [Page 6] in the end an vniuersall and absolute conquest of all the Irishrie: it is most certaine, that the English forces sent hither, or raised heere from time to time, were euer too weake to subdue and master so many warlike Nations (or Septs) [...] the Irish, as did possesse this Island; and besides their weake­nesse, they were Ill paide, and worse Go­uerned. And if at any time there came ouer anarmy of competent strength and power, it did rather terrifie, then breake and subdue this people, being euer broken and dissolued by some one accident or other, before the perfec­tion of the Conquest.

FOr, that I call a Perfect Conquest of a Country, which doth reduce all the What is a perfect Con­quest. people thereof to the Condition of Subiects: and those I cal Subiects, which are gouerned by the ordinary Lawes and Magistrates of the Soueraigne For, though the Prince doth beare the Ti­tle of Soueraign Lord of an entire coun­try [Page 7] (as our Kings did of all Ireland) yet if there bee two third parts of that Countrey wherein he cannot punish Treasons, Murders, or Thefts, vnlesse he send an Army to do it; if the Iuris­diction of his ordinary Courts of Iu­stice doth not extend into those parts to protect the people from wrong & oppression; if hee haue no certaine Reuennew, no Escheats or Forfey­tures out of the same, I cannot iust­ly say, that such a Countrey is wholly conquered.

FIrst then, that wee may iudge and How the war hath bin pro­secuted since the 17. yeare of Henry the second. discerne whether the English forces in Ireland were at any time of suffici­ent strength, to make a full and finall Conquest of that Land, let vs see what extraordinary armies haue bin trans­mitted out of England thither, and what ordinarie forces haue beene maintained there, and what seruice they haue performed from time to [Page 8] time, since the seauenteenth yeare of King Henry the second.

IN that yeare, Mac Murugh Lord of In the time of Henry the se­cond. Leinster, beeing oppressed by the Lords of Meth and Conaght, and expel­led out of [...]s Territorie, mooued King Henry the second to inuade Ire­land, and made an ouerture vnto him for the obtaining of the Soueraigne Lordship thereof. The King refused to vndertake the Warre himselfe, to auoide the charge (as King Henrie the seuenth refused to vndertake the dis­couery of the Indies for the same Giraldus Cam­brenfis. cause) but he gaue license by his Let­ters Patents, that such of his Subiects might passe ouer into Ireland, as wold at their owne charge become aduen­turers in that enterprize.

SO as the first attempt to conquer this The first at­tempt but an aduenture of priuate Gen­tlemen. Kingdome, was but an aduenture of a few priuate Gentlemen. Fitz-Stephen, & Fitz­Girald, [Page 9] first brake the yce, with a par­ty of three hundred ninety men. The Earle Strongbow followed them with twelue hundered more, whose good successe vpon the Sea-coasts of Lein­ster and Mounster, drew ouer the King in person the next year after, cum quin­gentis With what forces the K. himselfe came ouer. Militihus, as Giraldus Cnmbrensis reporteth, who was present in Ireland at that time. Which if they were but fiue hundered souldiers, seemeth too smal a traine for so great a Prince. But admit they wer fiue hundred knights, yet because in those dayes euery Knight was not a Commaunder of a Regiment or Company, but most of them serued as priuate men, (some­times a hundered Knightes vnder a Speare) as appeareth by the Lists of the Archiu. Remem. Regis apud Westm. ancient armies, we cannot coniecture his army to haue beene so great, as might suffice to conquer all Ireland, being diuided into so many Principa­lities, and hauing so manie Hydraes [Page 10] heads, as it had at that time.

For albeit, Tacitus in the life of Agri­cola doth report, that Agricola hauing subdued the greatest part of Great Bri­taine, did signifie to the Senat of Rome, that he thought Ireland might also be conquered with one Legion, and a few ayds:

I make no doubt, but that if he had attempted the conquest there­of with a farre greater army, he would haue found himselfe deceiued in his coniecture.‘For, a Barbarous Country is not so easily conquered, as a Ciuill, where of Caesar had experience in his warres against the Gaules, Germaines, and Britaines, who were subdued to the Roman Empire, with farre grea­ter difficulty, then the rich kingdoms of Asia. And againe, a Countrey pos­sessed with many pettie Lordes and States, is not so soone brought vnder entirely, as an entire Kingdome Go­uerned by one Prince or Monarch. And therefore, the late King of Spaine [Page 11] could sooner win the Kingdome of Portugall, then reduce the States of the Low-Countries.’

BVt let vs see the successe of King What maner of Conquest King Henrie the second made of Ire­land. Henrie the second, doubtlesse his expedition was such, as he might haue said with Caesar: veni, vidi, vici, For, vpon his first arriuall, his very Presence without drawing his sword, preuailed so much, as al the Petty-Kings, or Great Lords within Leinster, Conaght, and Mounster, submitted themselues vnto him, promised to pay him tribute, & acknowledged him their chiefe and Soueraigne Lord. Besides, the better to assure this inconstant Sea-Nimph (who was so easily wonne) the Pope would needs giue her vnto him with a Ring; Coniugio iungam stabili, propriam­que dicabo. But as the Conquest was but slight and superficiall, so the Popes Do­nation, and the Irish Submissions, were but weake and fickle assurances. For, as the [Page 12] Pope had no more interrest in this kingdome, then He which offered to Christ all the kingdomes of the earth; so the Irish pretend, That by their Law, a Tanist might do no Act that might bind his successor. But this was the best assurance hee could get from so many strong Nations of people, with so weake a power: and yet he was so well pleased with this title of the Lordship of Ireland, as he placed it in his Royall Stile, before the Dutchies of Normandy & Aquitaine. And so, being aduertised of somestirs raised by his vnnatural sonnes in Eng­land, within fiue months after his first arriuall hee departed out of Ireland, without striking one blow, or build­ing one Castle, or planting one Gar­rison among the Irish, neither left he behinde him one true subiect more then those he found there at his com­ming ouer, which were onely the English Aduenturers spoken of before, who had gained the Port Townes in [Page 13] Leinster and Mounster, and possessed some scopes of land thereunto adioy­ning, partly by Strongbowes alliaunce with the Lord of Leinster, and partly, by plaine inuasion and Conquest.

And this is that Conquest of King Henry the second, so much spoken of, by so many Writers, which though it were in no other manner then is be­fore expressed, yet is the entire Con­quest of all Ireland, attributed vnto him.

But the troth is, the conquest of Ireland was made peece and peece, by slow steppes and degrees, and by se­uerall attempts, in seuerall ages. There were sundry reuolutions, as well of the English fortunes, as of the Irish; some-whiles one preuailing, some­whiles the other, and it was neuer brought to a full period, till his Maie­sty that now is, came to the Crowne.

As for King Henry the second, hee was farre from obtaining that Monar­chy [Page 14] Royall, and true Soueraignetie which his Maiesty (who nowe raign­eth) hath ouer the Irish. For the Irish Lords did onely promise to become Tributaries to King Henry the second. And such as pay onely Tribute, though they bee placed by Bodin, in the first Bodin de Re­pub. degree of Subiection, are not properlie Subiects but Soueraignes. For, though they bee lesse and inferiour vnto the Prince to whom they pay Tribute, yet they hold all other pointes of Soue­raignty; and hauing paide their Tri­bute which they promised, to haue their peace, they are quit of all other duties, as the same Bodin writeth. And therefore, though King Henry the se­cond had the title of Soueraigne Lorde ouer the Irish, yet did he not put those thinges in execution, which are the true markes and differences of Soue­raignty.

For, to giue Lawes vnto a people, to The true markes of Soueraignty. [Page 15] institute Magistrats and Officers ouer them; to punish and pardon Malefac­tors; to haue the sole authority of ma­king warre and peace, and the like; are the true markes of Soueraignetie; which King Henry the second had not in the Irish Countreyes, but the Irish Lords did still retaine all these prero­gatiues to themselues.

For they gouerned their people by the Brehon Law; they made their owne Magistrates and Officers; they pardo­ned and punnished all Malefactours within their seuerall Countries; they made warre and peace one with ano­ther, without controulment; and this they did not onely during the raigne of King Henry the second, but after­wardes in all times, euen vntill the Raigne of Queen Elizabeth: And it ap­peareth what maner of subiects these Irish Lords were, by the Concorde made betweene K. Henrie the second, and Rodericke ô Connor the Irish King [Page 16] of Conaght, in the yeare 1175. which is recorded by Houeden in this forme: Hic Houeden in Henrico secun­do. sol. 312. est finis & Concordia, inter Dominū regem Angliae Henricū, filiū Imperatricis, & Ro­doricum Regem Conactae, scilicet, quod Rex &c. Angliae concessit praedict Roderico Ligeo hominisuo, vt sit Rex sub eo paratus ad ser­uitium suum, vt homo suus, &c. And the Commission, whereby King Henry the second made VVilliam Fitz-Adelme his Lieutenant of Ireland, hath this direc­tion; Archiepiscopis, Episcopis, Regibus, Comitibus, Baronibus, & omnibus fidelibus suis in Hibernia, Salutem. Whereby it is manifest, that hee gaue those Irish Lords the Title and stile of Kinges.

King Iohn likewise did grant diuers 6. Iohannis Claus. membra­na. 18. Charters to the King of Conaght, which remaine in the Tower of London. And 17. [...] Chart. m. 3. afterwards in the time of King Henrie the third, wee finde in the Tower, a graunt made to the King of Thomond, in these words. Rex Regi Tosmond 6. Hen. 3. chart. m. 2. salutem. Concessimus vobis terram Tosmond [Page 17] quam prius tenuistis, per firmam centum & triginta marcarum; Tenendum de nobis vs (que) ad aetatem nostram: And in the pipe Rols remaining in Bremighams Tower, in the Castle of Dublin, vpon sundrie Ac­compts Archiu. in [...] Dublin. of the Seneshal of Vlster (when that Earledome was in the Kings han­des, by reason of the minority of the Earle) the entry of all such charges as were made vppon Oneale, for Rent­Beeues, or for aids towards the main­tenance of the Kinges warres, are in this forme. Oneal Regulus 400 vaccas 42. Hen. 3. Compotus, Will. de la Zouch. pro arreragio Reddit; Oneal Regulus, 100 li de Auxilio Domini Regis ad guerram suam in wasconia sustinendam. And in one Rol 36. Hen. 3. compotus Hu­berti de Rouly. the 36. of Henry the third, Oneale Rex, 100 li. de auxilio domini Regis ad guerram suam in VVallia sustinendam. Which see­med strange to me, that the Kings ci­uill Officer should giue him that stile vpon Record, vnlesse he meant it in that sense as Maximilian the Emperour did, when speaking of his disobedi­ent [Page 18] Subiects;‘The Title (saide he) of Rex Regum, doth more properly be­long to mee, then to any mortall Prince, for all my subiects do liue as Kings, they obey me in nothing, but do what they list.’ And truely, in that sence these Irish Lords might not vn­fitly be tearmed Kings. But to speake in proper termes, wee must say with the Latine Poet, Quirexest, Regem, Maxime non habeat. But touching these Irish Kings, I will adde this note out of an ancient Manuscript, the blacke Booke of Christ-Church in Dublin. Isti Reges non fuerunt ordinati solemnitate ali­cuius ordinis, nec vnctionis Sacramento, nec iure baereditario, vel aliqua proprietatis suc­cessione, sed vi & armis quilib [...]t Regnē suum obtinuit: and therefore, they had no iust cause to complaine, when a stron­ger King then themselues, became a King and Lord ouer them. But let vs returne to our purpose, and see the proceeding of the Martiall affaires.

King Henry the second, being retur­ned How the war was prosecu­ted in the time of King Iohn. into England, gaue the Lordship of Ireland vnto the Lord Iohn his youn­gest sonne, sur-named before that Giraldus Cam­brensis. time, Sans Terre. And the Pope con­firming that guift, sent him a Crowne of Pea-cockes feathers (as Pope Cle­ment the eight, sent the Feather of a Phoenix (as he called it) to the Traitor Tirone.) This young Prince the Kings sonne, being but twelue years of age, with a traine of yong Noblemen and Gentlemen, to the number of 300. but not with any maine army, came ouer to take possession of his new Pa­trimony, and being arriued at VVater­ford, diuers Irish Lords (who had sub­mitted themselues to his father) came to performe the like duty to him. But that youthfull company vsing them with scorne, because their demeanors were but rude and barbarous, they Giraldus Cam­brensis. went away much discontented, and raised a generall rebellion against [Page 20] him. Whereby it was made manifest, that the Submission of the Irish Lords, and the Donation of the Pope, were but slender and weake assurances for a kingdome.

Heereupon this young Lord was reuoked, and Sir Iohn de Courcy sent ouer, not with the kings armie, but with a company of Voluntaries, in num­ber foure hundered, or thereabout. With these he atempted the conquest of Vlster, and in foure or fiue encoun­ters, did so beate the Irishry of that Prouince, as that he gained the Mari­time Giraldus Cam­brensis. Coasts thereof, from the Boyne to the Bann; and thereupon, was made Earle of Vlster. So as now the English had gotten good footing in all the Prouinces of Ireland. In the first three Prouinces of Leinster, Mounster, and Conaght, part by the sword, and part by submission and alliance. And last­ly, in Vlster, by the inuasion and vic­tories of Sir Iohn de Courcy.

From this time forward, vntill the [Page 21] seuenteenth year of King Iohn (which was a space of more then 30. yeares) there was no army transmitted out of England, to finish the Conquest, How­beit in the meane time, the English Aduenturers and Colonies alreadie planted in Ireland, did winne much ground vpon the Irish; Namely, the Earle Strongbow, hauing married the Daughter of Mac Murrogh, in Leinster; the Lacies in Meth; the Giraldines, and other Aduenturers in Mounster, the Audeleyes, Gernons, Clintons, Russels, and other Voluntaries of Sir Iohn de Cour­cies retinue, in Vlster; and the Bourkes (planted by william Fitz-Adelme) in Co­naght. Yet were the English reputed but Part-Owners of Ireland at this time, as appeareth by the Commissi­on of the Popes Legate in the time of King Richard the first, whereby he had power to exercise his Iurisdiction, in Anglia, wallia, ac illis Hiberniae partibus, in Matth. Paris in Richardo primo so. 1519. quibus Iohannes Moretonii Comes pote­statem [Page 22] habet et dominium, as it is recorded by Mat. Paris.

King Iohn, in the twelfth year of his raigne, came ouer again into Ireland: the Stories of that time say, With a great army, but the certaine numbsrs are not recorded: yet it is credible, in regard of the troubles where-with this King was distressed in England, that this army was not of sufficient strength to make an entire Conquest of Ireland; and if it had bin of suffici­ent Matth, Paris. strength, yet did not the King stay a sufficient time to performe so great an action, for he came ouer in Iune, & returned in Septem. the same yeare Howbeit in that time, the Irish Lords for the most part, submitted thēselues to him, as they had done before to his Father: which was but a meere moc­kery & imposture. For his backe was no sooner turned, but they returned to their former rebellion: & yet this was reputed a second Conquest. And so [Page 23] this King giuing order for the buil­ding of some Castles vpon the Bor­ders of the English Colonies, left be­hinde him the Bishop of Norwich, for the ciuill gouernment of the Lande; but he left no standing army to pro­secute the conquest: onely the Eng­lish Colonies which were alreadie planted, were left to themselues to maintaine what they had got, and to gaine more if they could.

The personall presence of these two great Princes, King Henry the se­cond, and King Iohn, though they performed no great thing with their armies, gaue such countenaunce to the English Colonies, which encrea­sed dayly by the comming ouer of new voluntaries and aduenturers out of England, as that, they enlarged their Territories verie much. How­beit after this time the kings of Eng­land, either because they presumed that the English Colonies were [Page 24] strong enough to roote out the Irish by degrees, or else because they were diuerted or disabled otherwise (as shall bee declared heereafter) neuer sent ouer any Royall armie, or anie numbers of men worthy to be called an army into Ireland, vntill the thirty six yeare of king Edward the thirde, when Lionell Duke of Clarence, the kings second sonne, hauing married the daughter and heyre of Vlster, was sent ouer with an extraordinary po­wer in respect of the time (for the warres betwixt England and Fraunce, were then in their heate) aswell to recouer his Earledome of Vlster, which was then ouer-run & possest by the Irish, as to reforme the Eng­lish Colonies, which were become strangely degenerate throughout the whole kingdome.

FOr though king Henry the thirde, gaue the whole Land of Ireland to Edward the Prince, his eldest son, and [Page 25] his heyres, Ita quod non Separetur a Co­na This Charter yet remai­neth perfect, with an en­tire Scale in the Treasury at Westmin­ster. Angliae. Whereupon it was styled the Land of the Lorde Edward, the kings eldest sonne: and all the Offi­cers of the Land, were called the Of­ficers Archiu. in Ca­stro Dublin. & Archiu. Turr. 52 Hen. 3. Patent. m. 9. of Edward Lord of IRELAND; and though this Edward were one of the most actiue Princes that euer li­ued in England, yet did he not either in the life time of his father, or during his own raign, come ouer in person, or transmit any armie into Ireland, but on the other side, he drew sundry ayds & supplies of men out of Ireland, to serue him in his warres in Scotland, wales, and Gascoigne. And again, though king Edw: the second sent ouer Piers Gaueston with a great retinue, it was neuer intended he should perfect the Conquest of Ireland; for the K. could not want his company so long a time, as must haue beene spent in the fini­shing of so tedious a worke.

So then, in all that space of time, [Page 26] betweene the twelfth yeare of king How the mar­tiall affayres were carried from the 12. yeare of king Iohn, to the 36 yeare of King Edward the 3. Iohn, and the 36. yeare of king Ed­ward the third, containing 150. years, or thereabouts, although there were a continuall bordering war between the English and the Irish, there came no royall army out of England, to make an end of the warre. But the chiefe Gouernors of the realme, who were at first called Custodes Hiberniae; and afterwards Lords Iustices, and the English Lordes, who had gotten so great possessions and Royalties, as that they presumed to make warre and peace without direction from the State, did le­uie all their forces within the land. But those forces were weakely supplied, and Ill Gouerned, as I said before. Weakly sup­plyed with men and Money; and gouer­ned with the worst Discipline that euer was seene among men of warre. And no maruell, for it is an infallible rule, that an army ill paide, is euer vnruly, and Ill gouer­ned. The standing forces heere, were sil­dome [Page 27] or neuer re-enforced out of England, and such as were either sent from thence, or raised heer, did com­monly do more hurt and damage to the English Subiects, then to the Irish enemies, by their continuall Sesse and Extortion. Which mischiefe did arise, by reason that little or no Treasure was sent out of England, to pay the sol­diers wages: Onely the Kings reuen­new in Ireland was spent, and wholy spent in the publicke seruice; and therefore, in al the ancient Pipe-Rols Archiu. in Castro Dublin. in the times of Henry the third, Edward the first, Edward the second, & Edward the third, betweene the Receipts and allowances, there is this entrie; In Thesauro nihil. For the Officers of the State and the Army, spent all; so, as there was no surplusage of Treasure; and yet that All was not sufficient. For in default of the Kings pay, aswell the ordinary forces which stood conti­nually, as the extraordinarie, which [Page 28] were leuied by the cheefe Gouernor, vpon iourneyes, and generall hoa­stings, were for the most part laid vp­on the poore subiect descended of English race; howbeit this burden was in some measure tolerable in the time of King Henry the third, and King Ed­ward the first; but in the time of King Edward the second, Maurice Fitz-Tho­mas of Desmond, beeing chiefe Com­mander of the army against the Scots, began that wicked extortion of Coigne and Liuery, and pay, that is; He & his army tooke Horse meate and Manf­meate, Statut. 10 H. 7. cap. 4. Rot. Parliam. in Ca­stro Dublin. and money, at their pleasure, without any Ticket, or other fatisfac­tion. And this was after that time, the generall fault of all the Gouernours and Commanders of the army in this Lande. Onely the Golden saying of Sir Thomas Rookesby, who was Iustice Annales Hiber­nie in Camden. in the thirtieth yeare of king Edward the 3. is recorded in all the Annalles of this kingdome, That he would eate in [Page 29] wodden dishes, but would pay for his Meat, Gold & Siluer. Besides, the English Co­lonies being dispersed in euerie Pro­uince of this kingdome, were enfor­ced to keepe continuall guards vpon the Borders & Marches round about them; which Guardes, consisting of idle souldiers, were likewise imposed as a continuall burthen vppon the poore English Free-holders, whome they oppressed and impouerished in the same manner. And because the great English Lords & Captaines had Baron Finglas. Manus. power to impose this charge, when, Stat. 10. H. 7. cap. 4. Rot. Par­liam in Castro Dublin. and where they pleased, manie of the poore Freeholders, were glad to giue vnto those Lords, a great part of their Lands, to hold the rest free from that extortion: And many others, not be­ing able to endure that intollerable oppression, did vtterly quit their free­holds, and returned into England. By this meane, the English Colonies grew poore and weake, though the [Page 30] english Lords grew rich and mighty: for they placed Irish Tenants vppon the Landes relinquished by the Eng­lish; vpon them they leuied all Irish exactions; with them they married, and fostered, and made Gossips: so as within one age, the English, both Lords and Free-holders, became de­generate and meer Irish in their Lan­guage, in their apparrell, in their armes and maner of fight, & all other Customes oflife whatsoeuer.

By this it appeareth, why the ex­tortion of Coigne and Liuory, is called Statut. 11. H. 4. cap. 6. Baron Finglas. M. S. in the old Statutes of Ireland, A Damna­ble custome; and the imposing & taking thereof, made High Treason. And it is saide in an ancient discourse Of the De [...]y of Ireland, that though it were first inuented in Hell, yet if it had been vsed and practised there, as it hath been in Ireland, it had long since destroyed the very kingdome of Belzebub. In [Page 31] this manner was the warre of Ireland carried, before the comming ouer of Lionel Duke of Clarence.

This young Prince, being Earle of Vlster, and Lord of Conaght, in right of his wife (who was daughter and heire of the Lord VVilliam Bourke, the last Earle of Vlster of that family, slaine by treachery at Knockfergus) was made the Kings Lieutenant of Ireland, and The Armie transmitted with Lionell Duke of Cla­rence, the 36. of Edw. the 3. sent ouer with an army, in the 36. year of King Edward the third. The Rol and List of which Army, doth remaine of Record in the Kings Remembraun­cers Archiu. Remcm regis apud. westm. Office in England (in the presse de Rebust augentibus Hiberniam) & dooth not containe aboue fifteene hundred men by the Poll; which because it differs somewhat from the manner of this age, both in respect of the Com­mand and the Entertainment, I thinke it not impertinent to take a briefe view thereof.

The Lord Lionel was Generall and [Page 32] vnder him Raulf earle of Staffora, Iames Earle of Ormond, Sir Iohn Carew Banne­ret, Sir William winsor, & other knights were Commanders.

The entertainment of the Generall vpon his first arriuall, was but six shil­lings eight pence, per diem, for him­selfe; for fiue Knights, two shillings a peece, per diem; for 64. Esquires, xij. d a peece, per diem; for 70 Archers, vj. d. a peece, per diem. But being shortly af­ter created Duke of Clarence (which ho­nor was conferred vpon him beeing heere in Ireland) his entertainement was raised to xiij. s. iiij. d. per diem, for himselfe, & for 8. Knights, ij s. a piece per diem, with an encrease of the num­ber of his Archers, viz: 360 Archers on horsebacke, out of Lancashire, at vjd. a peece per diem, and 23. Archers out of Wales, at ij d. a peece per diem.

The earle of Staffords entertainment, was for himselfe vi s. viij d. per diem, for a Banneret, iiij s. per diem, for xvij. [Page 33] Knights, ij s. a peece per diem, for 78. esquires, xij d. a peece per diem, for 100 Archers on horsebacke, vj d. a peece per diem. Besides, he had the command of 24. Archers out of Staffordshire, 40. Archers out of worcestershire, & six Ar­chers out of Shropshire, at iiij d. a peece per diem.

The entertainment of Iames earle of Ormond, was for himselfe iiij s. per diem, for two Knights, ij s. a peece per diem, for 27 esquires xij d. a piece per diem, for 20 Hoblers armed (the Irish Horse­men were so called, because they ser­ued on Hobbies) vj d. a peece per diem, and for 20. Hoblers not armed, iiij d. a peece per diem.

The entertainment of Sir Iohn Ca­rew Banneret, was for himselfe iiij s. perdiem, for one Knight, ij s. per diem, for eight squires, xij d. a peece, per diem, for ten Archers on horsebacke, vj d. a peece per diem.

The entertainement of Sir william [Page 34] winsore, was for himselfe ij s. per diem: for two Knights, ij s. a peece per diem: for 49. Squiers xij d. a peece per diem, for six Archers on horseback, vj d. a piece per diem.

The like entertainment rateably, were allowed to diuers Knightes and Gentlemen vpon that List, for them­selues and their seuerall retinewes, whereof some were greater, and some lesse, as they themselues coulde raise them among their tenants and Follo­wers.

FOr in ancient times, the King him­selfe did not leuy his armies by his The manner of leuying Souldiers in former ages. owne immediate authority or Com­mission, but the Lords and Captaines did by Indenture Couenant with the King, to serue him in his Wars with certaine numbers of men, for certain wages & entertainments, which they raised in greater or lesse numbers, as they had fauour or power with the people. This course hath been chan­ged [Page 35] in later times vpon good reason of State:

THis Lord Lieutenant, with this small What seruice Lionel Duke of Clarence per­formed. Army, perfourmed no great ser­uice; & yet vpon his comming ouer, all men who had Land in Ireland, were by Proclamation re maunded backe out of England thither, and both the Archiu. Turr. 36. Edw. 3. Claus. m. 21 in dorso. & m. 30. Cleargy and Laity of this land, gaue two yeares profits of all their Landes and Tithes, towards the maintenance of the war heere: only he suppressed some Rebels in Low Leinster, and re­couered [Page 36] the Maritime parts of his erl­dome of Vlster. But his best seruice did consist in the well-gouerning of his army, and in holding that famous Parliament at Kilkenny; wherein the extortion of the souldier, and the de­generat maners of the English (brief­ly spoken of before) were discouered, and Lawes made to reforme the same: which shall bee declared more at large heereafter.

THe next Lieutenant, transmitted Sir William Winsor Lieu­tenant, 47. Ed. 3. His forces and seruice. with any forces out of England, was Sir VVilliam winsore; who in the 47 yeare of King Edward the third, vnder­tooke the Custodie, not the Conquest, of this Land (for now the English made rather a Defensiue then an inuasiue war) and withal, to defray the whol charge of the kingdome, for eleauen thou­sand two hundred thirteene pounds, six shillings and eight pence, as ap­peareth by the Indenture betweene [Page 37] him and the King, remaining of Re­cord in the Tower of London. But it 47. Edw. 3. Claus. m. 1. appeareth by that which Froissard re­porteth, that Sir william winsore was so farre from subduing the Irish, as that himselfe reported: That he could ne­uer Stow in Rich. 2. haue accesse to vnderstande and know their Countries, albeit he had spent more time in the seruice of Ire­land, then any Englishman then li­uing.

ANd heere I may well take occasi­on, The State of the Reuennue of Ireland, in the time of Edward the 3. to shewe the vanity of that which is reported in the Story of wal­singham, touching the reuennue of the Crown in Ireland, in the time of king Edward the third. For he setting forth the State of things there, in the time of King Richard the 2. Writeth thus: Walsingham in Richard the 2. Cum Rex Angliae illustris, Edwardus tertius illic posuisset Bancum suum at [...] Iudices, cum Scacca­rio, percepit inde ad Regalem Fiscum annuatim triginta millia librarum; modò propter absentiam ligeorum, & hostium potentiam, nihil inde venit: sed Rex per annos singulos, de suo Marsupio, terrae [Page 38] defensoribus soluit Triginta millia marcarum, ad regni sui dedecus et fisci grauissimum detrimentū.

If this Writer had knowne, that the Kings Courts had beene establi­shed in Ireland more then a hundred yeares before King Edw. 3. was borne, or had seene eyther the Parliament Rols in England, or the Records of the Receits and yssues in Ireland, he had not left this vaine report to posterity. Archiu. Turr. For both the Benches and the Exche­quer were erected in the twelfth year 11. H. 3. pa­tent m. 3. of King Iohn. And it is recorded in the Parliament Rols of 21, of Edward the 21. Ed. 3. m. 41 third, remaining in the Tower, that the Commons of England made pe­tition that it might be enquired why the King receiued no benefit of his land of Ireland, considering he possessed more there, then any of his Ancestors had before him. Now, if the King at that time, when there were no Stan­ding forces maintained there, had receiued 30000. pound yearely at his [Page 39] Exchequer in Ireland, he must needes haue made profit by that land, consi­dering that the whole charge of the kingdome in the 47. yeare of Edward the third (when the King did pay an army there) did amount to no more then eleuen thousand and two hun­dred 47. Ed. 3. claus. pers. 2. m. 24. & 26. pounds, per annum, as appeareth by the contract of Sir VVilliam win­sore.

Besides, it is manifest by the Pipe­Rolles of that time, wherof many are yet preserued in Breminghams Tower; and are of better credite then any Archiu. in Ca­stro Dublin. Monkes story, that during the raigne of King Edward the third, the reuenew of the Crowne of Ireland, both cer­taine and casuall, did not rise vnto 10000. li. per annum, though the Me­dium be taken of the best seauen years that are to bee found in that Kinges time. The like Fable hath Hollings­head Hollingshead in R. 2. touching the reuennue of the Earledome of Vlster; which (saith hee) [Page 40] in the time of king Richard the second was thirty thousand Markes by the yeare; whereas in truth, though the Lordships of Conaght and Meth (which were then parcell of the inheritaunce of the Earle of Vlster) be added to the accompt, the reuennew of that earle­dome came not to the thirde part of that he writeth. For the Accompt of the profits of Vlster yet remayning in Breminghams Tower, made by william Fitz-warren, Seneshall and Farmour of Archiu. in Ca­stro Dublin. 5. Edw. 3. the Landes in Vlster, seized into the Kings hands after the death of walter de Burgo, Earle of Vlster, from the fifth yeare of Edward the third, vntill the eight yeare, doe amount but to 900. and odde pounds, at what time the Irishry had not made so great an in­uasion vpon the earledome of Vlster, as they had done in the time of King Richard the second.

As vaine a thing it is, that I haue seen written in an ancient. Manuscript, [Page 41] touching the Customes of this realme in the time of King Edward the third, that those dutics in those daies should yearely amount to 10000. Markes, which by mine owne search and view of the Records heere, I can iustly con­troll. For vppon the late reducing of this ancient inheritance of the crown which had beene detained in most of the Port-Townes of this Realme, for the space of a hundred yeares and vp­wardes, I tooke some paines (accor­ding to the duty of my place) to vis [...] all the Pipe-Rolles, wherein the Ac­compts of Customes are contained, and found those duties aunswered in euery Port, for 250. yeares together, but did not find that at any time they did exceed a thousand pound, Per an­num; and no maruell, for the subsidie of Pondage was not then known, and the greatest profite did arise by the Cocquet of Hides; for Wooll, and Wooll-fels were euer of little value [Page 42] in this Kingdome.

But now againe let vs see how the Martiall affayrs proceeded in Ireland. Sir william winsor continued his gouer­ment till the latter end of the raign of King Edward the thirde, keeping, but not enlarging, the English borders.

IN the beginning of the raigne of King How the war proceeded in the time of K. Richard the 2 Richard the second, the State of England began to thinke of the recouery of Ire­land: For then was the first Statute made against Absentees, commanding al such as 3. Rich. 2. Archite. T [...] Rot. Parliam. 42. had Land in Ireland, to returne & reside thereupon, vppon paine to forfeite two third parts of the profit thereof. Againe, this King, before himselfe intended to passe ouer, committed the Gouernment of this Realme to such great Lordes suc­cessiuely, as he did most loue and fauor: first to the Earle of Oxford his Cheefe Minion, whom he created Marquesse of Dublin, and Duke of Ireland: next to the Duke of Surrey his halfe Brother: and [Page 43] lastly, to the Lord Mortimer, Earle of March and Vlster, his Cosin and heyre apparant.

Among the Patent Rolles in the Pat. 2. pars. 9. Rich. 2. m. 24. Tower, the ninth yeare of Rich. the 2. we finde fiue hundred men at Armes at xij. d. a peece, Per diem; and a 1000. A chers at vi. pence a piece, per diem, appointed for the Duke of Ireland, Super Conquestu illius terrae per duos annos: for those are the wordes of that Re­cord; But for the other two Lieute­nants, I do not find the certain num­bers, wherof their armies did consist. But certaine it is, that they were scarse able to defend the English borders, much lesse to reduce the whol Island. For one of them; namely, the Earle of March was himselfe slain vpon the borders of Meth; for reuenge of whose death, the King himselfe made his second voyage into Ireland, in the last yeare of his raigne. For his first voyage in the eighteenth yeare of his [Page 44] raigne (which was indeed a Voyage­Royall) was made vpon another mo­tiue and occasion, which was this; Walsingham in Richard the 2. Vpon the vacancy of the Empire, this King hauing married the King of Bo­hemiaes Daughter (whereby hee had great alliance in Germany) did by his Ambassadors solicit the Princes Ele­ctors to choose him Emperour: but Annales. Tho. Otterbourne Manuscript. another being elected, and his ambas sadors returned, hee would needes know of them the cause of his repulse in that Competition: they tolde him plainly, that the Princes of Germanie did not thinke him fit to commaund the Empire, who was neither able to hold that which his Ancestours had gained in France, nor to rule his inso lent Subiects in England, nor to Mai­ster his rebellious people of Ireland. This was enough to kindle in the heart of a young Prince, a desire to performe some great enterprise. And therefore finding it no fit time to at­tempt [Page 45] France, he resolued to finish the Conquest of Ireland; and to that end, he leuied a mightie armie, consisting of foure thousand men at Armes, and 30000. Archers, which was a suffici­ent power to haue reduced the whol Island, if he had first broken the Irish with a warre, and after established the English Lawes among them, and not haue beene satisfied with their light submissions onely, wherewith, in all ages they haue mockt and abused the State of England. But the Irish Lords knowing this to be a sure pollicie to dissolue the forces which they were not able to resist (for their Ancestors had put the same trick and imposture vppon King Iohn, and King Henry the second) assoone as the King was arri­ued with his army, which he brought ouer vnder S. Edwards Banner (whose name was had in great veneration a­mongst the Irish) they all made offer Stow in Rich. 2. to submit themselues. Whereupon [Page 46] the Lorde Thomas Mowbray, Earle of Nottingham, and Marshall of England, was authorized by speciall Commissi­on, Archiu. in offi­cio Remcmorat. regis apud West­mon. to receiue the homages & Oaths of fidelity, of all the Irishrie of Lein­ster. And the King himselfe hauing re­ceiued humble Letters from Oneale, (wherein hee styleth himselfe Prince of the Irishry in Vlster, and yet ackno­ledgeth the King to be his Soueraign Lorde, & perpetuus Dominus Hiberniae) remoued to Droghedab, to accept the like submissions from the Irish of Vl­ster. The men of Leinster, namely, Mac Murrogh, O Byrne, O Moore, O Murrogh, O Nolan, and the cheefe of the Kinshe­laghes, in an humble and solemn man­ner did their homages, & made their Oaths of fidelity to the Earl Marshall, laying aside their girdles, their skeins and their Caps, and falling downe at his feet vpon their knees. Which whe they had performed, the Earle gaue vnto each of them, Osculum pacis.

Besides, they were bound by feueral Indentures, vpon great paines to bee paide to the Apostolique Chamber, not onely to continue loyall subiects, but that by a certaine day prefixed, they and all their Sword men should clearely relinquish and giue vp vnto the King and his successors all their Landes and possessions which they held in Leinster, and (taking with them onely their mooueable goods) shold serue him in his warres against his o­ther Rebels. In consideration where­of, the King should giue them pay & pensions during their liues, and be­stow the inheritance of all such lands vpon them, as they shoulde recouer from the Rebels, in any other part of the Realme. And thereupon, a pen­sion of eighty Markes, per annum, was graunted to Art'Mac Murrogh, chiefe of the Kauanaghes; the enroulement whereof, I found in the White Booke of the Exchequer heere. And this was [Page 48] the effect of the seruice performed by the Earle Marshall, by vertue of his Commission. The King in like ma­ner receiued the submissions of the Lords of Vlster, namely; O Neal, O Han­lon, Mac Donel, Mac Mahon, & others; who with the like Humility and Ce­remony, did homage and fealtie to the Kings owne person; the words of O Neales homage as they are recorded are not vnfit to be remembered: Ego Nelanus Oneal Senior tam pro meipso, quā pro fi­lijs mels, & tota Natione mea & Parentelis meis, & pro omnibus subdit is me is deuenio' Ligeus ho­mo vester, &c. And in the Indenture betweene him and the King, he is not onely bound to remaine faithfull to the Crowne of England, but to re­store the Bonaght of Vlster, to the Earle of Vlster, as of right belonging to that Earledomc, & vsurped among other things by the Oneales.

These Indentures and submissi­ons, with many other of the same kinde (for there was not a Chieftaine [Page 49] or head of an Irish sept, but submitted himselfe in one forme or other) the King himselfe caused to bee enrolled and testified by a Notary publique, & deliuered the enroulments with his owne hands to the Byshop of Salisbu­ry, then Lord Treasurer of England, so as they haue beene preserued, and are now to be found in the Office of the Kings Remembrancer there.

With these humilities they satisfi­ed the young King, and by their bow­ing and bending, auoyded the pre­sent storme, and so brake that Army, which was prepared to breake them. For the King hauing accepted their submissions, receiued them in Osculo pacis, feasted them, and giuen the ho­nor of Knight-hood to diuers of thē, did breake vp and dissolue his armie, and returned into England with much honor, & smal profit, (saith Froissard.) For though he had spent a huge masse of Treasure in transporting his army, [Page 50] by the countenance whereof, he drew on their submissions, yet did hee not encrease his reuennew thereby one sterling pound, nor enlarged the Eng­lish borders the bredth of one Acre of Land; neither did he extend the Iuris­diction of his Courtes of Justice one foote further then the English Colo­nies, wherein it was vsed and exerci­sed before. Besides, he was no sooner returned into England, but those Irish Lords laide aside their maskes of hu­mility, and scorning the weake forces which the King had left behinde him, beganne to infest the borders; in de­fence whereof, the Lord Roger Morti­mer being then the Kings Lieutenant, and heire apparent of the Crowne of England, was slaine, as I saide before. Whereupon the king being moued with a iust appetite of reuenge, came ouer againe in person, in the 22. yeare of his raigne, with as potent an armie, as he had done before, with a ful pur­pose [Page 51] to make a full Conquest of Ire­land: he landed at waterford, and pas­sing from thence to Dublin, through the wast Countries of the Murroghes, Kinshelaghes, Cauanaghes, Birnes, and Tooles, his great armie was much di­stressed for want of victuals and car­riages, so as he performed no memo­rable thing in that iourney; onely in the Cauanaghes Countrey, hee cut and cleared the paces, and bestowed the honor of Knighthood vpon the Lord Henry, the Duke of Lancasters son, who was afterwards King Henrie the fifte, Hollingshead in Richard the 2. and so came to Dublin, where entring into Counsell how to proceede in the warre, he receiued newes out of Eng­land, of the arriuall of the bannished Duke of Lancaster at Rauenspurgh, vsur­ping the Regall authority, and arre­sting and putting to death his princi­pall Officers.

This aduertisement suddainely brake off the kings purpose touching [Page 54] the prosecution of the warre in Ire­land, and transported him into Eng­land, where shortly after hee ended both his raigne and his life. Since whose time, vntill the 39. yeare of Q Elizabeth, there was neuer any armie sent ouer of a Competent strength or power to subdue the Irish, but the warre was made by the English Colo­nies, onely to defend their borders; or if any forces were transmitted o­uer, they were sent only to suppresse the rebellions of such as were descen­ded of English race, and not to en­large our Dominion ouer the Irish.

DVring the raigne of king Henrie Henry 4. the fourth, the Lorde Thomas of Lancaster the Kings second sonne, was The Lord Thomas of Lancaster his seruice. Lieutenant of Ireland, who for the first eight yeares of that Kings raign, made the Lord Scroope, and others his De­puties, who only defended the Mar­ches with forces leuied within the [Page 51] Land. In the eight yeare that Prince came ouer in person with a small reti­nue. So as wanting a sufficient po­wer to attempt or performe any great seruice, he returned within seuen mo­neths after into England. Yet during his personall abode there, he was hurt in his owne person within one mile of Dublin, vpon an incounter with the Irish enemy. He tooke the submissi­ons of O Birne of the Mountaines, Mac Mahon, and O Rely, by seuerall Inden­tures, [...] Reme­morat. regis a­pud westm. wherin O Birne doth Couenant, that the King shall quietly enioy the Mannor of New-Castle; Mac Mahon ac­cepteth a State in the Ferny for life, rendering ten pound a yeare; and O Reley doth promise to performe such duties to the Earle of March and Vlster, as were contained in an Indenture dated the 18. of Richard the second.

IN the time of K. Henry the fift, there Henry 5. cam no forces out of England. How­beit [Page 54] the Lord Furniual being the kings The Lorde Furniuall his seruice. Lieutenant, made a martial circuit, or iourney, round about the Marches & Borders of the Pale, and brought all the Irish to the Kinges peace, begin­ning Alb. libr. Scacc. Dublin. with the Birnes, Tooles, and Caua­naghes on the South, and so passing to the Moores, O Connors, and Offerals in the West; and ending with the O Re­lies, Mac Mahons, O Neales, and O Hau­lons in the North. Hee had power to make them seeke the Kings peace, but not power to reduce them to the O­bedience of Subiectes: yet this was then held so great and worthy a ser­uice, as that the Lords & chiefe Gen­tlemen of the Pale, made certificate thereof in French vnto the King, be­ing then in France: which I haue seen Recorded in the white Booke of the Exchequer at Dublin. Howbeit his Ar­mie was so ill paid and gouerned, as the English suffered more dammage by the Sesse of his Souldiers (for now [Page 55] that Monster (Coigne, and Liuerie) which the Statute of Kilkenny had for a time abolished, was risen againe from hell) then they gained profit or security, by abating the pride of their enemies for a time.

DVring the minority of King Henry Henry 6. the sixt, and for the space of seuen or eight yeares after, the Lientenants and Deputies made only a bordering warre vpon the Irish, with small and scattered forces; howbeit, because there came no treasure out of England to pay the Soldier, the poore English fubiect, did beare the burthen of the men of warre in euery place, & were thereby so weakned and impouerish­ed, as the State of thinges in Ireland, stood very desperate.

Whereupon, the Cardinall of win­chester (who after the death of Humfrey Duke of Glocester, did wholly sway the State of England) beeing desirous to [Page 58] place the Duke of Somerset in the Re­gencie of Fraunce, tooke occasion to remooue Richard Duke of Yorke from Richard Duke of Yorke his seruice. that gouernment, and to send him in­to Ireland, pretending that hee was a most able and willing person, to per­forme seruice there, because he had a great inheritance of his owne in Ire­land; namely, the Earledom of Vlster, and the Lordships of Conaght & Meth, by discent from Lionell Duke of Cla­rence.

We do not finde that this great Lord came ouer with any numbers of waged souldiers, but it appeareth vp­on what good termes hee tooke that Gouernment, by the Couenants be­tweene the King and him, which are recorded and confirmed by Acte of Archiu. in Ca­stro Dublin. Parliament in Ireland, and were to this effect:

1. That he should be the Kings Lieu­tenant of Ireland, for ten yeares.

2. That to support the charge of that Countrey, he should receiue al the kings reuennewes there, both cer­taine and casual, without accompt.

3. That he should bee supplyed also with treasure out of England, in this maner; he should haue four thou­sand Markes for the first yeare, whereof he should bee imprested 2000. li. before hand; and for the other nine yeares, hee should re­ceiue 2000. li. per annum.

4. That hee might Let to Ferme the Kings Landes, and place and dis­place all Officers at his pleasure.

5. That he might leuy and wage what numbers of men, he thought fit.

6. That he might make a Deputy, and returne at his pleasure.

We cannot presume that this Prince kept any great army on foote, aswell because his means out of England were so meane, and those ill paide, as ap­peareth by his passionate letter writ­ten [Page 58] to the Earl of Salisbury his brother in Law; the Coppy whereof, is Regi­stred in the Story of this time: as also Hollingshead in Henry the sixt. because the whole Lande, except the English Pale, and some part of the Earledome of Vlster, vppon the Sea Coasts, were possest by the Irish. So as the Reuennew of the Kingdome, which he was to receiue, did amount to little. He kept the Borders & Mar­ches of the Pale with much adoo; he held many Parliaments, wherein sun­dry Lawes were made, for erecting of Castles in Louth, Meth, and Kildare, to stop the incursions of the Irishrie. And because the souldiers for want of pay were sessed and laide vppon the subiects against their willes; vpon the prayer and importunitie of the Com­mons, this extortion was declared to be High-Treason. But to the end, that Rot. Parliam. in Castro Dublin some meanes might be raised to no­rish some forces for defence of the Pale, by another Acte of Parliament, [Page 59] euery twenty pound Land was char­ged with the furnishing and mainte­nance of one Archer on horsebacke. Archiu Tur. 17 Hen. 6. Claus. m. 20.

Besides, the natiue subiects of Ire­land seeing the kingdome vtterly rui­ned, did passe in such numbers into England, as one Law was made in Eng­land, to transmit them backe againe; and another Law made heere to stop their passage in euery Port & creeke. Manuscript of Baron Finglas. Yet afterwards, the greatest partes of the Nobility and Gentry of Meth, past ouer into England, and were slaine with him at wakefield in Yorkshire.

Lastly, the State of England was so farre from sending an army to sub­due the Irish at this time, as among the Articles of greeuances exhibited Hollingshead in Hen. 6. by the Duke of Yorke against K. Henry the sixte, this was one; That diuers Lords about the King, had caused his Highnesse to write Letters vnto some of his Irish enemies; whereby they were encouraged to attempt the con­quest [Page 60] of the said Land. Which Let­ters, the same Irish enemies had sent vnto the Duke; maruailing greatlie, that such Letters should be sent vnto them, & speaking therein great shame of the Realme of England.

After this, when this great Lorde was returned into England, and ma­king claime to the Crowne, beganne the Warre betwixt the two Houses; It cannot bee conceiued, but that the kingdome fell into a worse and wea­ker estate.

WHen Edward the fourth was set­led Edward 4 in the kingdome of Eng­land, How the war was maintai­ned in the time of King Edward the 4 he made his Brother George Du. of Clarence, Lieutenant of Ireland. This Prince was born in the Castle of Dub­lin, during the Gouernment of his fa­ther the Duke of Yorke; yet did hee neuer passe ouer into this kingdome, to gouerne it in person, though hee held the Lieutenancie many yeares. [Page 61] But it is manifest, that King Edward the fourth did not pay any army in Ire­land during his raigne; but the men of war did pay themselues by taking Coigne and Liuery vppon the Coun­trey: Holling shead in Edward the 4 which extortion grew so exces­siue and intollerable, as the Lord Tip­toft Booke of Howth. Manus. being Deputy to the Duke of Cla­rence, was enforced to execute the Law vppon the greatest Earle in the Kingdome; namely, Desmond; who lost his head at Drogheda for this of­fence. Howbeit, that the State might The fraterni­ty of Saint George in Ire­land. not seeme vtterly to neglect the de­fence of the Pale, there was a frater­nity of men at armes, called the Bro­ther-hood of S. George, erected by Parla­ment, the 14. of Edward the fourth, 14. of Edw. 4. Rot Parliam. Dublin. consisting of thirteene the most No­ble and woorthy persons within the foure shires. Of the first foundation, were Thomas Earle of Kildare, Sir Row­land Eustace, Lord of Port-lester, and Sir Robert Eustace for the County of Kil­dare; [Page 62] Robert Lord of Howth, the Maior of Dublin, and Sir Robert Dowdall, for the County of Dublin; the Vicount of Gormauston, Edward Plunket, Seneshall of Meth; Alexander Plunket, and Barna be Barnewale, for the County of Meth; the Maior of Drogheda, Sir Lawraunce Taaffe, and Riehard Bellewe, for the Countie of Lowtb. These and their successors, were to meet yearely vp­on S. Georges day; and to choose one of themselues to be Captaine of that Brother-hood, for the next yeare to come. Which Captaine, shold haue at his commaund, 120. Archers on horsebacke, 40. horsemen, and forty Pages, to suppresse Out-lawes and re­bels. The Wages of euery Archer, should be vj. pence, Per diem; & eue­ry horseman, v. d. Per diem; and foure Markes, Per annum. And to pay these entertainments, and to maintain this new fraternity, there was granted vn­to them by the same Act of Parlament [Page 63] a subsidie of Pondage, out of all Mar­chandizes exported or imported tho­roughout the Realme (hydes, and the goods of Free-men of Dublin & Drog­heda onely excepted.) These 200. men were al the standing forces that were then maintained in Ireland. And as they were Natiues of the kingdom, so the kingdom it selfe did pay their wa­ges without expecting any treasure out of England.

BVt now the warres of Lancaster and Henrie 7. Yorke being ended, and Henrie the How the war was prosecu­ted in the time of King Henry the 7. seuenth being in the actuall & peace­able possession of the kingdome of England, let vs see if this King did send ouer a Competent Armie to make a perfect Conquest of Ireland. Assured­ly, if those two I dolles or counterfets which were set vp against him in the beginning of his raign, had not found footing and followers in this Lande, King Henrie the seuenth had sent nei­ther [Page 64] horse nor foote hither, but let the Pale to the Guard and defence of the fraternitie of Saint George, which stood till the tenth year of his raigne. And therefore, vpon the erection of the first I doll, which was Lambert the Priests Boy, he transmitted no forces, Archiv. Rimem. Regis apud. Westm. but sent ouer Sir Richard Edgecomb, with Commission to take an Oath of allegiance of al the Nobility, Gentry, and Cittizens of this kingdom; which sernice he performed fully, and made an exact returne of his Commission to the King. And immediately after that, the King sent for all the Lordes of Parliament in this realme; who re­payring The Booke of Howth. Manus. to his presence, were first in a Kingly manner reprooued by him; for among other things he told them, that if their King were still absent frō them, they would at length Crowne Apes; but at last entertained them, and dismissed them graciously. This course of clemency hee held at first. [Page 65] But after, when Perkin warbecke, who was set vp, and followed chiefely by the Giraldines in Leinster, and the Citti­zens of Corke in Mounster; to suppresse this counterfaite, the King sent ouer Sir Edward Poynings, with an Army (as the Histories call it) which did not Hollingshcad in Henry the 7. consist of a thousand men by the Pol; and yet it brought such terrour with it, as all the Adherents of Perkin war­becke were scattered, and retyred for Sir Edward Poynings ser­uice. succour into the Irish Countries: to the Marches whereof, hee marched with his weake forces, but eft-soones returned & held a Parliament. Wher­in Rot. Parliam. in Castro Dublin among many good Lawes, one Act was made; That no subiect shold make any warre or peace within the Land, without the speciall License of the Kings Lieutenant or Deputie. A manifest argument, that at that time the bordering Warres in this king­dome, were made altogether by Vo­luntaries, vpon their own head, with­out [Page 66] any pay or entertainement, and without any Order or Commission from the State. And though the Lords The Booke of Howth. and Gentlemen of the Pale, in the 19. yeare of this Kings raigne, ioyned the famous battel of Knocktow in Conaght; The battell of Knoctow. wherein Mac william, with 4000. of the Irish, and degenerat English were slaine; yet was not this iourny made by warrant from the King, or vppon his charge (as it is expressed in the Booke of Howth) but only vpon a pri­ [...] quarrell of the Earle of Kildare: so loosely were the martiall affaires of Ireland carried, during the raigne of King Henry the seuenth.

IN the time of King Henry the eight, Henrie 8. the Earle of Surrey, Lorde Admirall, was made Lieutenant; and though he How the war was carried, during the Raigne of K. Henrie the 8. were the greatest Captain of the Eng­lish Nation the liuing; yet broght he with him rather an honorable Guard for his person, then a competent ar­mie [Page 67] to recouer Ireland. For he had in The Earle of Surries ser­uice. his retinue, 200. tall Yeomen of the Kings Guard: But because hee wan­ted meanes to performe any great action, hee made meanes to returne the sooner: yet in the meane time he was not ydle, but passed the short time he spent heere, in holding a Par­liament, and diuers iournies against the Rebels of Leinster; insomuch as he was hurt in his own person, vpon the borders of Leix. After the reuocation of this honourable personage, King Henry the eight, sent no forces into Ireland, till the rebellion of the Giral­dines, which hapned in the 27. year of his raigne. Then sent he ouer Sir wil­liam Skeuington, with fiue hundred men onely to quench that fire, and not to enlarge the border, or to rectifie the Gouernment. This Deputy dyed in the midst of the seruice, so as the Lord The Lord Le­onard Grayes seruice. Leonard Gray was sent to finish it: who arriuing with a supply of 200. men, or [Page 68] thereabouts, did so prosecute the Re­bels, as the Lord Garret their Chiefe­taine, and his fiue Vnckles, submitted them-selues vnto him, and were by him transmitted into England.

But this seruice being ended, that actiue Nobleman with his litle army, and some ayds of the Pale, did often­times repell O Neale, and O Donel, at­tempting the inuasion of the Ciuill Shires, and at last made that prospe­rous sight at Belahoo, on the Confines The sight at Bealahoo. of Meth; the memory whereof, is yet famous, as that he defeated (well-nie) all the power of the North; & so qui­eted Booke of Howth. Manus. the border for many yeares.

Hitherto then it is manifest, that since the last transfretation of King Richard the second, the Crowne of England neuer sent ouer, either num­bers of men, or quantities of treasure, sufficient to defend the small Terri­tory of the Pale, much lesse to reduce that which was lost, or to finish the [Page 69] Conquest of the whole Island.

After this, Sir Anthony S. Leger, was Sir Anthonie Stliger. made chiefe Gouernor, who perfor­med great seruice in a ciuill course, as shall be expressed heereafter. But Sir Sir Edward Bellingham, in the time of K. Edw. the 6. Edward Bellingham, who succeeded him, proceeded in a Martiall course against the Irishry, and was the first Deputy, from the time of K. Edward the third, till the raign of king Edward the sixt, that extended the border be­yond the limits of the English Pale, by beating and breaking the Moores and Connors, and building the Forts of Leix and Offaly. This seruice he perfor­med with sixe hundered horse; the monthly charge whereof, did arise to 770. li. And 400. foote, whose pay did amount to 446. li. per mensem: as apea­reth Archiu. Remem. Regis apud westm. vpon the Treasurers accompt, re­maining in the Office of the Kinges Remembrauncer in England. Yet were not these Countries so fully re­couered by this Deputy, but that Tho­mas [Page 70] Earl of Sussex did put the last hand Tho: Earle of Sussex, in the time of Qu. Mary. to this worke; and rooting out these two rebellious Septs, planted English Colonies in their roomes, which in all the tumultuous times since, haue kept their Habitations, their Loyalty, and Religion.

And now are we come to the time Queen E­lizabeth. of Queene ELIZABETH, who sent ouer more men, and spent more trea­sure to saue and reduce the Lande of Ireland, then all her progenitors since the Conquest.

DVring her raign, there arose three How the War was prosecu­ted in the time of Qu. Elizabeth. notorious and maine Rebellions, which drewe seuerall armies out of England. The first of Shane O Neale; the second, of Desmond; the last of Ty­rone; (for the particular insurrections of the Vicount Baltinglasse, and Sir Ed­mund Butler; the Moores; the Cauanaghes; the Birnes, and the Bourkes of Conaght, were all suppressed by the standing forces heere.)

To subdue Shane O Neal, in the hight Shane O Neales Rebellion. of his rebellion, in the yeare, 1566. Captaine Randal transported a Regi­ment of 1000. men into Vlster, & plan­ted a Garrison at Loughfoile. Before the comming of which supply (viz:) in the yeare, 1565. the List of the stan­ding army of horse and foot, English and Irish, did not exceed the number of 1200. men, as appeareth by the Treasurers accompt of Ireland, now Archiu. Remem. Regis apud Westm. remaining in the Exchequer of Eng land. With these forces did Sir Henry Sidney (then Lord Deputy) march in­to the farthest parts of Tirone, and ioy­ning with Captaine Randal, did much distresse (but not fully defeate) O Neale, who was afterwards slain vpon a meere accident by the Scottes, and not by the Queenes army.

TO proseeute the Warres in Mun­ster, Desrnonds Re­bellion. against Desmond and his Adhe­rents, there were transmitted out of [Page 72] England at seuerall times, three or four thousand men, which together, with the standing Carrisons, and some o­ther supplies raised heere, made at one time, an army of six thousand & vpwards: which with the Vertue and lour of Arthur Lorde Gray, and others the Commanders, did proue a suffici­ent power to extinguish that rebelli­on. But that being doone, it was ne­uer intended that these forces should stand, till the rest of the kingdome Tyrones Re­bellion. were setled and reduced: onely, that army which was brought ouer by the Earle of Essex, Lorde Lieutenant and Gouernor generall of this kingdom, in the 39. yeare of Queen Elizabeth, to suppresse the Rebellion of Tirone, which was spred vniuersally ouer the whole Realme; That armie, I say (the command whereof, with the gouern­ment of the Realme, was shortly after transferred to the commaund of the Lord Montioy, afterwards Earl of De­uonshire, [Page 73] who with singular wisedom, valour, and industry, did prosecute & finish the Warre) did consist of such good men of warre, and of such num­bers, being wel-ny 20000. by the Pol, and was so royally supplied and paid, and continued in ful strength so long a time, as that it brake, and absolute­ly subdued all the Lordes and Chiefe­taines of the Irishry, and degenerate or rebellious English. Whereupon, the multitude, who euer loued to bee followers of such as could master and defend them, admyring the power of the Crownc of England, being brai'd (as it were) in a Morter, with the Sword, Famine, & Pestilence altogither, submitted themselues to the English gouernment, receiued the Lawes and Magistrates, and most gladly embra­ced the Kings pardon and peace in all parts of the Realme, with demon­stration of ioy and comfort; which made indeede, an entire, perfect, and [Page 74] finall Conquest of Ireland. And thogh vpon the finishing of the warre, this great armie was reduced to lesse numbers, yet hath his Maiestie in his wisedome, thought it fit, stil to main­taine such competent forces heere, as the Law may make her progresse & Circuit about the Realme, vnder the protection of the sword (as Virgo, the figure of Iustice, is by Leo in the Zodi­ack) vntill the people haue perfectly learned the Lesson of Obedience, & the Conquest bee established in the hearts of all men.

THus farre haue I endeuoured to make it manifest, that from the first aduenture and attempt of the English (to subdue and conquer Ire­land) vntill the last warre with Tyrone, (which as it was royally vndertaken, so it was really prosecuted to the end) Foure maine defects in the prosecution of the warre. there hath bin foure maine defects in the carriage of the martiall affayres [Page 75] heere. First, the armies for the most part, were too weake for a Conquest: Secondly, when they were of a com­petent strength (as in both the iour­nies of Richard the second) they were too soone broken vp and dissolued: Thirdly, they were ill paide: And fourthly, they were ill Gouerned, which is alwayes a consequent of ill payment.

BVt why was not this great worke Why none of the Kinges of England, be­fore Queene Elizabeth, did finish the con­quest of Ire­land. perfourmed, before the latter end of Queene Elizabeths raigne, conside­ring that many of the Kings her Pro­genitors, were as great Captaines as any in the world, and had else-where larger Dominions and Territories? First, who can tell whither the Diuine Wisedom, to abate the glory of those Kings, did not reserue this Worke to be done by a Queen, that it might ra­ther appeare to be his owne imediate worke? And yet for her greater Ho­nor, [Page 76] made it the last of her great acti­ons, as it were, to Crowne al the rest? And to the end [...]hat a secure peace might settle the Conquest, and make it firme and perpetuall to posteritie; caused it to bee made in that fulnesse of time, when England and Scotland be­came to be vnited vnder one imperi­all Crowne; and when the Monarchy of Great Britainy was in league & ami­ty with all the worlde. Besides, the Conquest at this time, doth perhaps fulfill that prophesie, wherin the four great Prophets of Ireland do concur, as it is recorded by Giraldus Cambrēsis; to this effect: That after the first inua­sion of the English, they shold spend many ages, in crebris conflictibus, longo (que) Giraldus Cam­brensis. certanime & multis coedibus. And that, Omnes fere Anglici ab Hibernia turbabuntur: ni­hilominus orientalia maritima semper obtine­bunt; Sed vix paulo anté diem Iuditij; plenam An­glorum populo victoriam compromittunt; Insula Hibernica de mari vsque ad mare de toto subacta & incastellata. If S. Patrick and th [...] [Page 77] did not vtter this prophesy; certainly Giraldus is a Prophet, who hath repor­ted it. To this, we may adde the pro­phesy of Merlin, spoken of also by Gi­raldus. Sextus moenia Hiberniae subuertet, & regiones in Regnum redigentur. Which is performed in the time of King Iames the sixt; in that all the paces are clea­red, and places of fastnesse laid open, which are the proper Wals & Castles of the Irish, as they were of the British in the time of Agricola; and withal, the Irish Countries beeing reduced into Counties, make but one entire and vndeuided kingdome.

But to leaue these high & obscure causes, the plaine and manifest trueth is; that the Kings of England in al ages, had bin powerfull enough, to make an absolute conquest of Ireland, if their whole power had been employed in that enterprize: but still there arose sundry occasions, which diuided and di [...]ted their power som other way.

Let vs therefore take a briefe view How the se­uerall Kings of England were diuerted from the con­quest of Ire­land. of the seuerall impediments which a­rose in euery Kinges time, since the first ouerture of the Conquest, where­by they were so employed and busi­ed, as they could not intend the finall Conquest of Ireland.

KIng Henrie the second, was no soo­ner King Henrie 2. returned out of Ireland, but all his foure Sonnes conspired with his enemies, rose in Arrnes, and moued warre against him, both in France and in England.

This vnnaturall treason of his sons, The Booke of Howth. Manus. did the King expresse in an Embleme painted in his Chamber at winchester, wherein was an Eagle, with three Eg­lets tyring on her brest; & the fourth pecking at one of her eyes. And the troth is, these vngracious practises of his sonnes, did impeach his iourney to the Holy-Land, which he had once vowed, vexed him all the dayes of his [Page 79] life, and brought his gray haires with sorrow to the graue. Besides, this king hauing giuen the Lordship of Ireland to Iohn his youngest sonne; his ingra­titude afterwards made the king care­lesse to settle him in the quiet and ab­solute possession of that kingdome.

RIchard the first, which succeeded Henrie the second in the kingdom Richard 1 of England, had lesse reason to bend his power towardes the Conquest of this Land, which was giuen in perpe­tuity to the Lord Iohn his brother. And therefore, went hee in person to the holy warre; by which iourney, & his captiuity in Austria, and the heauy ran­some that he paid for his libertie, hee was hindred, and vtterly disabled to pursue any so great an action as the Conquest of Ireland; And after his deli­uery and returne, hardly was he able to maintaine a frontier warre in Nor­mandy, where by hard fortune he lost his life.

KIng Iohn his Brother, had greatest K. Iohn. reason to prosecute the Warre of Ireland, because the Lordship thereof was the portion of his inheritance, gi­uen vnto him, when hee was called, Iohn Sans-Terre. Therefore, hee made two iournies thither; one, when he was Earle of Morton, and very yong, about twelue years of age; the other, when he was King, in the 12. yeare of his raigne. In the first, his own youth, and his youthfull company, Roboams C [...]sellours made him hazard the losse of al that his father had won. But in the later, he shewed a resolution to recouer the entire Kingdome, in ta­king the submissions of al the Irishry, and setling the estates of the English, and giuing Order for the building of many Castles and Forts, wherof some remaine vntill this day. But hee came to the Crowne of England, by a de­feasible Title, so as he was neuer well setled in the hearts of the people, [Page 81] which drew him the sooner back out of Ireland into England: where shortlie after, he fell into such trouble and di­stresse; The Clergy cursing him on the one side; and the Barons rebel­ling against him on the other, as hee became so farre vnable to returne to the Conquest of Ireland, as besides the forfeiture of the territories in Fraunce, hee did in a manner loose both the kingdomes. For hee surrendred both to the Pope, and tooke them backe againe to hold in Fee-farme; which brought him into such hatered at home, and such contempt abroad, as all his life time after, hee was possest rather with feare of loosing his head, then with hope of reducing the king­dome of Ireland.

DVring the infancy of Henry the 3. Henrie 3 the Barons were troubled in ex­pelling the French, whome they had drawne in against King Iohn. But this [Page 82] Prince was no sooner come to his ma­iority, but the Barons raised a long and cruell war against him.

Into these troubled waters, the Bi­shops of Rome did cast their Nets, and drew away all the wealth of the realm by their prouisions, and infinite exa­ctions, whereby the kingdom was so impouerished, as the King was scarse able to feed his owne housholde and traine, much lesse to nourish armies for the conquest of forren kingdoms. And albeit he had giuen this Land to the Lord Edward his eldest sonne, yet could not that woorthy Prince euer finde meanes or opportunity to visit this kingdome in person. For, from the time he was able to beare armes, he serued continually against the Ba­rons, by whom hee was taken priso­ner at the battell of Lewes. And when that rebellion was appeased, he made a iourney to the Holy Land (an em­ployment which in those daies diuer­ted [Page 83] all Christian Princes from perfor­ming any great actions in Europe) frō whence hee was returned, when the Crowne of England descended vpon him.

THis King Edward the first, who was Edward 1 a Prince adorned with all vertues, did in the mannaging of his affayres, shew himselfe a right good husband, who being Owner of a Lordship ill husbanded, doth first enclose & man­nure his demeasnes neere his prin­cipall house, before he doth improue his wasts a sarre off. Therefore, he be­ganne first to establish the Common­wealth of England, by making many excellent Lawes, and instituting the forme of publique Iustice, which re­maineth to this day. Next, hee fullie subdued and reduced the Dominion of Wales; then by his power and au­thoritie hee setled the kingdome of Scotland; and lastly, he sent a royall ar­mie [Page 84] into Gascoigne, to recouer the Dut­chy of Aquita [...] These foure great ac­tions, did take vp all the raign of this Prince. And therefore, we find not in any Record, that this King transmit­ted any forces into Ireland; but on the other side, wee finde it recorded Archiv. in Ca­stro Dublin. both in the Annalles, and in the Pipe­Rolles of this kingdom, that three se­uerall Annales Hiber­binae in Camdē. armies were raised of the Kings subiectes in Ireland, and transported one into Scotland; another into wales; and the third into Gascoigne; and that seuerall aydes were leuied heere, for the setting forth of those armies.

THe sonne and successor of this ex­cellent Edward 2 Prince, was Edward the se­cond, who much against his will sent one smal armie into Ireland; not with a purpose to finish the Conquest, but to guarde the person of his Minion, Piers Gaueston, who being banished out of England, was made Lieutenant [Page 85] of Ireland, that so his exile might seem more honourable.

He was no sooner ariued heere, but he made a iourny into the Moun­taines of Dublin; brake and subdued the Rebels there; built New-Castle in the [...]irnes Country, and repaired Ca­stle Annales Hiber­ [...] Camder. keuin; & after passed vp into Moun­ster and Thomond, performing euerie Archiu. in Ca­stro Dublin. where great seruice, with much Ver­tue and valour. But the King, who could not liue without him, reuokt him within lesse then a yeare. After which time, the inuasion of the Scots, and rebellion of the Barons, did not onely disable this King to bee a Con­queror, but depriued him both of his kingdome and life. And when the Scottish Nation had ouer-run all this land vnder the conduct of Edward le Bruce (who stiled himselfe King of Ire­land) England was not then able to send either men or mony to saue this Kingdome. Onely Roger de Mortimer [Page 86] then Iustice of Ireland, arriued at Manuscript of Frier Cliun. Youghall, cum 38. milite, saith Friar Cliuu in his Annalles.

But Bremingham, Verdon, Stapleton, & some other priuat Gentlemen, rose out with the Commons of Meth and Vriell, and at Fagher neere Dondalke, a fatall place to the enemies of the Crowne of England, ouerthrew a po­tent army of them. Et sic (saith the red Booke of the Exchequer, wherein the Rubr. libr. Scac. Dublin. victory was briefely recorded) per ma­nus communis populi, & dextram dei delibe­ratur populus dei a seruitute machinata & praecogitata.

IN the time of King Edward the third, Edward 3 the impediments of the Conquest of Ireland, are so notorious, as I shal not neede to expresse them; to wit, the warre which the King had with the Realmes of Scotland, and of Fraunce; but especially the Warres of Fraunce, which were almost continuall for the [Page 87] space of fortie yeares. And indeede, France was a fairer marke to shoot at, then Ireland, & could better reward the Conqueror. Besides, it was an in­heritance newly discended vpon the King; and therfore, he had great rea­son to bend all his power, and spend all his time and treasure in the reco­uery thereof. And this is the true cause why Edward the third sent no ar­mie into Ireland, till the 36. yeare of his raigne, when the Lorde Lionell brought ouer a Regiment of 1500. men, as is before expressed: which that wise and warlicke Prince did not transmit as a competent power, to make a full conquest, but as an hono­rable retinue for his sonne; and with­all, to enable him to recouer some part of his Earledome of Vlster, which was then ouer-run with the Irish. But on the other part, though the English Colonies were much degenerate in this kings time, and had lost a great [Page 88] part of their possessions, yet lying at the siedge of Callis, hee sent for a sup­ply of men out of Ireland, which wer transported vnder the conduct of the Annales Hiber­n [...]e in Camden. Earle of Kildar, and Fulco de la Freyn, in the yeare, 1347.

ANd now are we come again to the Richard 2 time of King Richard the second; who for the first tenne yeares of his raigne, was a Minor, and much dis­quieted with popular Commotions; and after that, was more trobled with the factions that arose betweene his Minions, & the Princes of the bloud. But at last, he tooke a resolution to fi­nish the Conquest of this Realm. And to that end he made two Royall voya­ges hither. Vpon the first, he was de­luded by the faigned submissions of the Irish; but vpon the later, when he was fully bent to prosecute the warre with effect, he was diuerted & drawn from hence by the return of the Duke [Page 89] of Lancaster into England, and the ge­nerall defection of the whole realme.

AS for Henrie the fourth, he beeing Henrie 4. an Intruder vpon the Crowne of England, was hindered from all for­raigne actions, by sundry Conspira­cies and Rebellions at home, moued by the house of Northumberland in the North; by the Dukes of Surrey & Ex­ceter in the South; and by Oxen Glen­dour in Wales; so as he spent his short raigne in establishing and setling him selfe in the quiet possession of Eng­land, and had neyther leisure nor op­portunity to vndertake the final con­quest of Ireland. Much lesse could Henrie 5. King Henry the fift perfourme that worke: for in the second yeare of his raigne, he transported an armie into France, for the recouery of that king­dome, and drewe ouer to the siedge of Harflew, the Priour of Kilmaincham, with 1500. Irish. In which great acti­on Annales Hiber­niae in Camden. [Page 90] this victorious Prince, spent the rest of his life.

ANd after his death, the two Noble Princes his Brothers, the Duke of Bedford and Glocester, who during the Henrie 6. minority of King Henry the sixte, had the Gouernment of the Kingdomes of England and France, did employ all their Counsels and endeuors to per­fect the Conquest of France, the grea­ter part whereof beeing gained by Henry the fift, & retained by the Duke of Bedford, was againe lost by K. Hen­rie the sixt; a manifest argument of his disability to finish the Conquest of this Land. But when the ciuill Warre betweene the two Houses was kind­led, the Kings of England were so farre from reducing al the Irish vnder their Obedience, as they drew out of Ire­land to strengthen their parties, al the Nobility and Gentry descended of English race, which gaue opportuni­tie [Page 91] to the Irishry, to inuade the Lands of the English Colonies, and did ha­zard the losse of the whole kingdom. For, though the Duke of Yorke did, while he liued in Ireland, carrie him­selfe Hollingshead in Hen. 6. respectiuely towards all the No­bility, to win the generall loue of all, bearing equall fauour to the Giraldines and the Butlers (as appeared at the Christning of George duke of Clarence, who was borne in the Castle of Dub­lin, where he made both the Earle of Kildare, and the Earle of Ormond his Gossips:) And hauing occasion di­uers times to passe into England; hee left the sworde with Kildare at one time, and with Ormond at another: & when he lost his life at wakefield, there were slaine with him diuers of both those families. Yet afterwards, those two Noble houses of Ireland, did seue­rally follow the two Royall houses of England; the Giraldines adhering to the house of Yorke, and the Butlers to the [Page 92] house of Lancaster. Whereby it came Manuscript of Baron Finglas. to passe, that not onely the principall Gentlemen of both those Sur-names, but all their friendes and dependants did passe into England, leauing their Lands and possessions to be ouer-run by the Irish. These impediments, or rather impossibilities of finishing the Conquest of Ireland, did continue till the Warres of Lancaster & Yorke were ended: which was about the 12. yeare of King Edward the fourth.

Thus hitherto the Kings of Eng­land were hindred from finishing this Conquest by great and apparant im­pediments: Henrie the second, by the rebellion of his sonnes: King Iohn, Henry the third, & Edward the second, by the Barons warres: Edward the first by his warres in wales and Scotland: Ed­ward the third, and Henry the fift, by the warres of France: Richard the second, Henry the fourth, Henrie the sixt, and Edward the fourth, by Domestick con­tention [Page 93] for the Crowne of England it selfe.

BVt the fire of the ciuil warre being Edward 4 vtterly quenched, and K. Edward the fourth setled in the peaceable possession of the Crowne of England, what did then hinder that warlicke Prince from reducing of Ireland also? First, the whole Realme of England was miserably wasted, depopulated & impouerished by the late ciuil dissen­tions; yet assoon as it had recouered it selfe with a little peace and rest, this King raised an Army, and reuiued the Title of France againe: howbeit, this Army was no sooner transmitted and brought into the fielde, but the two Kings also were brought to an inter­view. Whereupon, partly by the faire and white promises of Lewes the 11. and partly by the corruption of some of King Edwards Minions, the english forces were broken and dismissed, & [Page 94] King Edward returned into England, where shortly after finding himselfe deluded and abused by the French, he dyed with melancholy, and vexation of spirit.

I Omit to speake of Richard the Vsur­per, Richard 3 who neuer got the quiet posses­sion of England, but was cast out by Henry the seauenth, within two yeares and a halfe, after his Vsurpation.

ANd for King Henry the seauenth Henrie 7. himselfe, thogh he made that hap­py vnion of the two houses, yet for more then half the space of his raign, there were walking Spirites of the house of Yorke, aswell in Ireland as in England, which he could not coniure downe, without expence of some bloud and Treasure. But in his later times, hee did wholly studye to im­proue the Reuennues of the Crowne in both Kingdomes, with an intent [Page 95] to prouide meanes for some great ac­tion which he intēded: which doubt­lesse, if hee had liued, woulde rather haue improued a iourny into Fraunce, then into Ireland, because in the eyes of all men, it was a fayrer enterprize.

THerefore King Henry the eight, in Henrie 8 the beginning of his raigne, made a Voyage Royall into France; wherein he spent the greatest part of that trea­sure, which his Father had frugally re­serued; perhaps for the like purpose. In the latter end of his raign, he made the like iourney, being enricht with the Reuennewes of the Abbey Lands. But in the middle time between these two attemptes, the great alteration which hee made in the State ecclesia­sticall, caused him to stand vpon his guard at home; the Pope hauing sol­licited al the Princes of Christendom to reuenge his quarrell in that behalf. And thus was King Henry the eight, [Page 96] tained and diuerted from the abso­lute reducing of the kingdom of Ire­land.

LAstly, the infancie of King Edward K. Edward 6. and Qu. Marie. the sixt, and the Couerture of Qu. Mary (which are both Non abilities in the Lawe) did in fact disable them to accomplish the Conquest of Ireland.

SO as now this great worke did re­maine Quee E­lizabeth. to be performed by Queene ELIZABETH; who though shee were diuerted by suppressing the open re­bellion in the North; by preuenting diuers secret Conspiracies against her person; by giuing ayds to the French, and States of the Low-Countries; by maintaining a Nauall war with Spaine for many years together: yet the sun­dry rebellions, ioyned with forraign inuasions vpon this Island, whereby it was in danger to be vtterly lost, & to bee possessed by the enemies of the [Page 97] Crowne of England, did quicken her Maiesties care for the preseruation thereof; and to that end, from time to time during her raigne, she sent ouer such supplies of men and treasure, as did suppresse the Rebels, and repell the inuaders. Howbeit, before the transmitting of the last great army, the forces sent ouer by Queene Elizabeth, were not of sufficient power to break and subdue all the Irishry, and to re­duce and reforme the whole King­dome; but when the generall defecti­on came, which came not without a special prouidence for the final good of that kingdome (though the second causes thereof, were the faint prose­cution of the Warre against Tyrone; the practises of Priests and Iesuites, & the expectation of the ayds frō Spaine) Then the extreame perill of loosing the Kingdome; the dishonor & dan­ger that might thereby growe to the Crowne of England; together with a [Page 98] iust disdaine conceiued by that great­minded Queene, that so wicked and vngratefull a Rebell should preuayle against Her, who had euer been victo­rious against all her enemies, did moue, and almost enforce her to send ouer that mighty army: and did with­all enflame the hearts of the Subiects of England, chearefully to contribute to wardes the maintaining thereof, a Million of sterling poundes at least: which was done with a purpose only to Saue, and not to Gaine a kingdom; To keep and retaine that Soueraignetie, which the Crowne of England had in Ireland (such as it was) and not to reco­uer a more absolute Dominion.‘But, as it falleth out many times, that when a house is on fire, the Owner to saue it from burning, pulleth it downe to the ground; but that pulling downe, doeth giue occasion of building it vp againe in a better forme:’ So, these last warres, which to saue the Kingdome [Page 99] did vtterly breake & distroy this peo­ple, produced a better effect then was at first expected. For, euery Rebellion, when it is supprest, dooth make the subiect weaker, and the Prince stronger. So, this general reuolt when it was ouercom, did produce a generall Obedience & Reformation of al the Irishrie, which euer before had beene disobedient & vnreformed; & thereupon ensued the finall and full conquest of Ireland.

And thus much may suffice to bee spoken, touching the defectes in the martiall affayres, and the weake & faint prosecution of the warre; and of the seue­rall Impediments or imployments, which did hinder or diuert euery King of England successiuely, from reducing Ireland to their absolute subiection.

IT now remaineth, that wee shew 2. The de­fects in the ci­uill poilicy & gouernment. the defects of the Ciuil Pollicy & Gouern­ment, which gaueno lesse impediment to the perfection of this Conquest.

THe first of that kinde, doeth con­sist 1. The Lawes of England were not giuē to the meere Irish. in this: That the Crown of England did not from the beginning giue Lawes to the Irishry; whereas to giue Lawes to a conquered people, is the principall marke and effect of a perfect Con­quest. For, albeit King Henrie the se­cond, before his returne out of Ire­land, held a Counsell or Parliament at Lissemore; Vbi Leges Angliae ab omnibus sunt gratanter receptae, & Iuratoria Cauti­one Matth. Paris Histor. maior. fol. 121. Prastita confirmatae, as Marth. Paris writeth;

And though King Iohn in the 12. yeare of his raigne, did establish the Matth. Paris Histor maior. 220. b. English Lawes and Customes heere, and placed Sheriffes and other Mini­sters to rule and gouerne the people, according to the Law of England: and to that end, Ipse duxit secum viros discre­tos & legis peritos, quorum communi consilio 11. Hen. 3. pat. m. 3. statuit & praecepit, leges Anglicanas teneri in Hibernia, &c. as wee finde it recor­ded among the Patent Rolles in the [Page 101] Tower. 11. Hen. 3. m. 3. Though like­wise, King Henrie the third did graunt & transmit the like Charter of liber­ties to his subiects of Ireland, as him­selfe and his Father had graunted to the Subiects of England, as appeareth by another Recorde in the Tower, 1. Hen, 3. Pat. m. 13. And afterwards, by a speciall Writ, did commaund the Lord Iustice of Ireland, Quod conuocatis Archiepiscopis, Episcopis, Comitibus, Baronibus, &c. Coram eis legi faceret Chartam Regis Iohan­nis; quam ipse fecit & iurari à Magnatibus Hiberniae, de legibus & Constitutionibus Angliae obseruandis, & quod leges illas tencant & obser­uent. 12. Hen. 3. Claus. m. 8. And after that againe, the same King by Letters Patents vnder the great seale of Eng­land, did confrime the establishment of the English Lawes made by King Iohn, in this forme: Quia pro Communi vtilitate terrae Hiberniae, ac vnitate terrarum, de Communi Consilio prouisum sit, quod omnes leges & consuetudines quae in regno Angliae tenentur, in Hiberniâ teneantur, & eadem terra eiusdem le­gibus subiaceat, ac per easdem regatur, sicut I [...]hanes [Page 102] Rex, cumiliuc esset, Statuit & firmiter manda­uit; ideo volumus quod omnia breuia de Communi Iure, quae currunt in Anglia, similiter currant in 30. H. 3. pat. m. 20. Hibernia, sub nouo sigillo nostro, &c. Teste meip­so apud woodstocke, &c. Which confir­mation is found among the Patent­Rolles in the Tower, Anno 30. Hen. 3. Notwithstanding, it is euident by all the Records of this Kingdome, that onely the English Colonies, and some few Septs of the Irishry, which were The meere I­rish not ad­mittedto haue the benefit of the Lawes of England. enfranchised by special Charters, wer admitted to the benefit and protecti­on of the Lawes of England; and that the Irish generally, were held and re­puted Aliens, or rather enemies to the Crowne of England; insomuch, as they were not only disabled to bring anie actions, but they were so farre out of the protection of the Lawe, as it was often adiudged no fellony to kill a meere Irish-man in the time of peace.

That the meere Irish were repu­ted The meere I­rish reputed Aliens. Aliens, appeareth by sundrie Re­cords; wherein Iudgement is deman­ded, [Page 103] if they shall be answered in Acti­ons brought by them: and like­wise, by the Charters of Denization, which in all Ages were purchased by them.

In the common plea-Rolles of 28. Edward the third (which are yet per­serued in Breminghams Tower) this case is adiudged. Simon Neal brought an action of trespasse against william New­lagh Archiu. in Ca­stro Dublin. for breaking his Close in Claudal­kin, in the County of Dublin; the De­fendant doth plead, that the plaintiffe is Hibernicus, & non de Quinque sanguinibus; and demandeth iudgement, if he shall be answered. The Plaintiffe replieth; Quod ipse est de quinque sanguinibus (viz) De les Oneiles de Vlton, qui per Concessionem proge­nitorū Domini Regis; Libertatibus Anglicis gau­dere debent & vtuntur, & proliberis hominibus reputantur. The Defendant reioyneth; that the Plaintiffe is not of the Oneales of Vlster, Nec de quin (que) sanguinibus. And thereupon they are at yssue. Which being found for the Plaintiffe, he had [Page 104] Iudgement to recouer his dammages against the Defendant. By this Record it apeareth that fiue principal blouds, or Septs, of the Irishry, were by speci­all grace enfranchised and enabled to take benefit of the Lawes of England; And that the Nation of O Neales in Vl­ster, Archiu. in Ca­stro Dublin. was one of the fiue. And in the like case, 3. of Edward the second, a­mong the Plea-Rolles in Breminghams Tower: All the 5. Septs or blouds, Qui gaudeant lege Anglicana quoad breuia protāda, are expressed, namely; Oneil de Vltonia; O Molaghlin de Midia; O Connoghor de Connacia; O Brien de Thotmonia; & Mac Murrogh de Lagenia: And yet I finde, that O Neale himselfe long after, (viz.) in 20. Ed. 4. vpon his mariage with a daughter of the house of Kildare (to satisfie the friends of the Lady,) was made denizen by a special Act of Parliament. 20. Ed. 4. C. 8.

Againe, in the 29. of Ed. 1. before the Iustices in Eire at Drogheda, Thomas le Botteler broght an action of Detinuc against Robert de Almain for certaine [Page 105] goods. The Defendant pleadeth, Quod Archiu. in Ca­stro Dublin. non tenetur ei inde respondere, eo quod est Hiber­nicus, & non de libero sanguine. Et praedictus Tho­mas dicit, quod Anglicus est, & hoc petit quod in­quiratur per patriam, Ideo fiat inde Iurat. &c. Iu­rat' dicunt super Sacrament' suum, quod praedict' Thomas Anglicus est, ideo consideratum est quod recuperet, &c.

These two Records among many other, do sufficiently shewe, that the Irish were disabled to bring any acti­ons at the common Lawe. Touching their denizations, they were common in euerie Kinges raigne, since Henrie the second, and were neucr out of vse, till his Maiesty that now is, came to the Crowne.

Among the Pleas of the Crown, 4. of Edw. 2. we finde a confirmation made by Edw. 1. of a Charter of Deni­zation granted by Henrie the second, to certain Oostmen, or Easterlings, who were Inhabitantes of Waterford long before Hen. 2. attempted the conquest Archiu. in Ca­stro Dublin. of Ireland. Edwardus dei gratia, &c. Iustitiario suo Hiberniae Salutem: Quia per Inspectionem [Page 106] Chartae Dam. Hen Reg. filij Imperatricis quondam Dom. Hiberniae proaui nostri nobis Constat, quod Ostmanni de Waterford legem Anglicorum in Hi­bernia habere, & secundam ipsam legem Iudicari & deduci debent: vobis mandamus quod Gillicrist Mac Gilmurrij, Willielmum & Iohannem Mac Gil­murrij & alios Ostmannos de ciuitate & Comitatu Waterford, qui de predictis Ostmannis praedict. Dom. Henr. proauinostri originem duxerunt, le­gem Anglicorum in partibus illis iuxta tenorem Chartae praedict. habere, & eos secundum ipsam le­gem (quantū in nobis est, deduci faciatis) donec ali­ud de Consilio nostro inde duxerimus ordinand. In C [...]ius rei, &c. Teste meipso apud Acton Burnell. 5. Octobris anno regni nostri vndecimo.

Againe, among the Patent Rolles Archiu. in Ca­stro Dublin. of 1. Ed. the fourth, remaining in the Chancery heere, we finde a Patent of Denization, graunted the 13. of Ed­ward the first, in these Wordes; Edwardus Dei gratia, Rex Angliae, Dom. Hiberniae, Dur Aquitaniae, &c. Omnibus Balliuis et fideli­bus suis in Hibernia, Salutem: Volentes Christo­phero filio Donaldi Hibernico gratiam facere speci­alem, concedimus pronobis et haeredibus nostris, quod idem Christopherus hanc habeat libertatem, (Viz.) Quod ipse de caetero in Hibernia vtatur le­gibus Anglicanis, et prohibemus ne quisquam con­tra hanc concessionē nostram dictum Christopherū [Page 107] vexet in aliquo vel perturbet. In c [...]ius rei Testimo­nium, &c. Teste meipso apud Westm. 27. die Iunij. annoregni nostri. 13.

In the same Roll, wee finde an­other Charter of Denization, graun­ted in the first of Edw. 4. in a more lar­ger and beneficiall forme. Edw. Archiu. in Ca­stro Dublin. Die gratia, &c. Omnibus Balliuis, &c. Salutem. Sci­atis quodnes volentes Willielmum O Bolgir capel­lanum de Hibernica Natione existentem, fauore prosequi gratioso, de gratia nostra speciali, &c. Concessimus eidem Willielmo, quod ipse liberi sit Status. et liberae conditionis, et ab omni seruitute Hibernicâ liber et quietus, et quod ipse legibus Anglicanis in omnibus et per omnia vti possit et gaudere, eodem modo, quo homines Anglici infra dictam terram eas habent, et ijs gaudent et vtun­tur; quod (que) ipse respondeat, et respondeatur, in quibuscumque Curijs nostris: ac omminod. terras, tenementa, redditus, et seruitia perquirere possit sibi et haeredibus suis imperpetuum, &c.

If I should Collect out of the Re­cords, all the Charters of this kind, I should make a Volume thereof; but these may suffice to shew, That the meere Irish were not reputed free subiects; nor admitted to the benefit [Page 108] of the Lawes of England, vntill they had purchased Charters of Deniza­tion.

Lastly, the meere Irish were not That the meer Irish were re­puted enimies to the crowne. onely accompted Aliens, but Enemies; and altogither out of the protection of the Law; so as it was no capitall of­fence to kill them; and this is mani­fest by many Records. At a Gaol-de­liuery at waterford, before Iohn wogan Lord Iustice of Ireland, the 4. of Edw. the second, wee finde it recorded a­mong the pleas of the Crown of that yeare, Quod Robertus le VVayleys recta­tus de morte Iohannis filij Iuor Mac Gillemory felo­nice Archiu. in Ca­stro Dublin. per ipsum interfecti, &c. Venit et bene cog­nouit quod praedictum Iohannem interfecit: dicit tamen quod per eius interfectionem feloniam com­mittere non potuit, quia dicit, quod praedictus Io­hannes fuit purus Hibernicus, et non de libero san­guine, &c. Et cum Dominus dicti Iohannis (cuius Hibernicus idem Iohannes fuit) die quo interfe­ctus fuit, solutionem pro ipso Iohanne Hibernico suo sic interfecto petere voluerit, ipse Robertus pa­ratus erit ad respondend'de solutione praedict prout Iustitia suadebit. Et super hoc venit quidam Io­hannes le Poer, et dicit pro Domino Rege, quod [Page 109] praedict. Iohannes filius Iuor Mac Gillemory, et an­tecessores sui de cognonime praedict. a tempore quo Dominus Henrions filius Imperatricis, quondam Dominus Hiberniae, Tritavus Domini Regis nune, fuit in Hibernia, legem Anglicorum in Hibernia vsque ad hunc diem habere, et secundum ipsam le­gem Iudicari et deduci debent. And so plea­ded the Charter of Denization graun­ted to the Oostmen recited before; All which appeareth at large in the saide Record: Wherein we may note, that the killing of an Irish man, was not punnished by our Lawe, as Man-slau­ghter, which is fellony and capitall, (for our Law did neither protect his life, nor reuenge his death) but by a Fine or pecuniary punishment, which is called an Ericke, according to the Brehon, or Irish Law.

Againe, at a Gaol-deliuery before the same Lord Iustice at Limericke, in the Roll of the same year, we find, that willielmus filius Rogeri rectatus de morte Rogeri de Cauteton felonice per ipsum interfecti, venit et Archiu. in Ca­flro Dublin. dicit, quod feloniam per interfectionem praedict ā cōmittere non potuit, quia dicit & praedict. Rogerus [Page 110] Hibernic. est, et nō de libero sanguine; dicit etiā qd. praedict. Rogerus fuit de Cognomine de Ohederiscal et non de cognonime de cautetons, et de hoc ponit se super patriam, &c. Et Iurati dicunt super Sacram. suum quod praedictus Rogerus Hibernicus fuit et de cognonime de Ohederiscall & pro Hibernico ha­bebatur tota vita sua Ideo praedict. Willielmus quoad feloniam praedict. quietus. Sed quia praedic­tus Rogerus Ottederiscall suit Hibernicus Domi­ni Regis, praedict. Willielmus recommittatur Gaolae, quovs (que) plegios inuenerit de quin (que) marcis soluen­dis Domino Regi pro solutione praedicti Hiberntci.

But on the otherside, if the Iurie had found, that the party slaine had beene of English race and Nation, it had bin adiudged fellony; as appea­reth by a Record of 29. of Edward the first, in the Crowne-Office heere. Coram Waltero Lenfant et socijs suis Iustitiarijs Archiu. in Ca­stro Dublin. Itinerantibus apud Drogheda in Comitatu Louth. Iohannes Laurens indictat. de morte Galfridi Do­uedal venit & non dedicit mortem praedictam: sed dicit quod praedict. Galfridus fuit Hibernicus, et non de libero sanguine, et de bono et malo ponit se super patriam, &c. Et Iurat. dicunt super Sacram. suum quod praedict. Galfridus Anglicus fuit, et ideo praedict. Iohannes culpabilis est de morte Gal­fridi praedict. Ideo suspend. Catalla 13. s. vnde Hugo de Clinton Vicecom. respondet.

Hence it is, that in all the Parlia­ment Rolles which are extant from the fortith yeare of Edward the thirde, when the Statutes of Kilkenny were enacted, till the raigne of King Henry the eight, we finde the degenerat and disobedient English, called Rebelles; but the Irish which were not in the Kings peace, are called Enemies. Sta­tute Kilkenny, c. 1. 10. and 11. 11. Hen. Archiu. in Ca­stro Dublin. 4. c. 24. 10. Hen. 6. c. 1. 18. 18. Hen. 6. c. 4. 5. Edw. 4. c. 6. 10. Hen. [...]. c. 17. All these Statutes, speak of English Rebels, and Irish Enemies; as if the Irish had neuer bin in condition of Subiectes, but alwaies out of the protection of the Law; and were indeede in worse cafe then Aliens of any forren Realme that was in amity with the Crowne of England. For, by diuers heauie pae­nall Lawes, the English were forbid­den to marry, to foster, to make Gos­sippes with the Irish; or to haue anie Trade, or commerce in their Markets [Page 112] or Fayres; nay, there was a Law made Stat. de Kilken­ny c. 2. & 3. 10. Hen 6. c. 1. 28. H. 8. c. 13. no longer since, then the 28. yeare of Henrie the eight, that the English should not marry with any person of Irish blood, though he had gotten a Charter os Denization, vnlesse he had done both homage and fealty to the King in the Chancery, and were also bound by Recognisaunce with sure­ties, to continue a loyall subiect. Whereby it is manifest, that such as had the Gouernment of Ireland vnder the Crowne of England, did intend to make a perpetuall separation and en­mity betweene the English and the Irish; pretending (no doubt) that the English should in the end roote out the Irish; which the English not be­ing able to do, did cause a perpetuall Warre betweene the nations: which continued foure hundered and odde yeares, and would haue lasted to the Worlds end; if in the end of Queene Elizabeths raigne, the Irishry had not [Page 113] beene broken and conquered by the Sword, And since the beginning of his Maiesties raigne, had not bin protec­ted and gouerned by the Law.

BVt perhaps, the Irishry in former times did wilfully refuse to be sub­iect to the Lawes of England, and would not be partakers of the benefit thereof, though the Crowne of Eng­land did desire it; and therefore, they were reputed Aliens, Out-lawes, and The Irish did desire io bee admitted to the benefit & protection of the English Lawes, but could not ob­taine it. enemies. Assuredly, the contrarie doth appeare, aswel by the Charters of Denization purchased by the Irish in all ages, as by a petition preferred by them to the King, Anno 2. Edward the third: desiring, that an Act might passe in Ireland, whereby all the Irishrie might be inabled to vse and inioy the Lawes of England, without purchasing of particular Denizations. Vppon 2. Ed. 3. claus. 17 which petition, the King directed a speciall Writ to the Lorde Iustice; [Page 114] which is found amongst the Close­Rolles in the Tower of London, in this forme; Rex dilecto & fideli suo Iohannis Darcile Nepieu Iustic. suo Hiberniae, Salutem. Ex­parte quorundam hominum de Hibernia nobis ex­titit supplicatum, vt per Statutum inde faciendum concedere velimus, quod omnes Hibernici qui vo­luerint, legibus vtatur Anglicanis: ita quod neces­se non habeant super hoc Chartas alienas à nobis impetrare: nos igitur Certiorari volentes si sine ali­eno praeiudicio praemissis annuere valeamus, vobis mandamus quod voluntatem magnatum terr. illius in proximo Parliamento nostro ibidem tenendo su­per hoc cum diligentia perscrutari facias: et de eo quod inde inueneritis vna cum Consilio et aduisa­mento nobis certificetis, &c. Whereby I col­lect, that the great Lordes of Ireland had informed the King that the Irish­ry might not be naturalized, without damage and preiudice either to them selues, or to the Crowne.

But I am well assured, that the I­rishrie did desire to bee admitted to the benefit of the Law, not onely in this petition exhibited to king Edward the third; but by all their submissions [Page 115] made to King Richard the second, and to the Lord Thomas of Lancaster before the warres of the two Houses; and af­terwards to the Lord Leonard Gray, & Sir Anthony Saint-Leger, when K. Henry The Counsell Booke of Ire­land. 34. Hen. 8 the eight began to reforme this king­dome. In particular, the Birnes of the Mountaines, in the 34. of Henrie the 8 desire that their Countrey might bee made Shire-ground, and called the County of wicklow: And in the 23. of Henry the eight, O Donnel doth Coue­nant with Sir VVilliam Skeffington, Quod si Dominus Rex velit reformare Hiberniam, (whereof it should seeme hee made some doubt) that hee and his people would gladly bee gouerned by the Lawes of England. Onely that vn­gratefull Traitour Tirone, though hee had no colour or shadowe of Title to that great lordship, but only by grant from the Crowne, and by the Law of England (for by the Irish Law he had beene ranked with the meanest of his [Page 116] Sept) yet in one of his Capitulations with the State, hee required that no Sheriffe might haue iurisdiction with­in Tirone; and consequently, that the Lawes of England might not be exe­cuted there: Which request, was ne­uer before made by O Neale, or any o­ther Lorde of the Irishry, when they submitted themselues: but contrarie­wise they were humble sutors to haue the benefit and protection of the Eng­lish Lawes.

THis then I note as a great defect in What mis­chief did grow by not Com­municating the English Lawes to the Irish. the Ciuill policy of this kingdom, in that for the space of 350. yeares at least after the Conquest first attemp­ted, the English lawes were not com­municated to the Irish, nor the bene­fit and protection therof allowed vn­to them, though they earnestly desi­red and sought the same. For, as long as they were out of the protection of the Lawe; so as euery English-man [Page 117] might oppresse, spoyle, and kill them without controulment, howe was it possible they shoulde bee other then Out-Lawes & Enemies to the Crown of England? If the King woulde not admit them to the condition of Sub­iects, how could they learn to ackno­ledge and obey him as their Soue­raigne? When they might not con­uerse or Commerce with any Ciuill men, nor enter into any Towne or Citty without perrill of their Liues; whither should they flye but into the Woods and Mountaines, and there liue in a wilde and barbarous maner? If the English Magistrates would not rule them by the Law which doth pu­nish Treason, and Murder, & Thest with death; but leaue them to be ru­led by their owne Lords and Lawes, why shoulde they not embrace their owne Brebon Lawe, which punnisheth no offence, but with a Fine or Ericke? If the Irish bee not permitted to pur­chase [Page 118] estates of Free-holds or Inheri­tance, which might discend to their Children, according to the course of our Common Lawe, must they not continue their custome of Tanistrie? which makes all their possessions vn­certaine, and brings Confusion, Bar­barisme, and Inciuility? In a word, if the English woulde neither in peace Gouerne them by the Law, nor could in War root them out by the sword; must they not needes bee prickes in their eyes, and thornes in their sides, till the worlds end? and so the Con­quest neuer bee brought to perfec­tion.

BVton the other side; If from the beginning, the Lawes of England What good would haue ensued, if the meere Irish had bin go­uerned by the English lawes. had beene established, and the Brehon or Irish Law vtterly abolished, aswell in the Irish Countries, as the English Colonies; If there had been no diffe­rence made betweene the Nations in [Page 119] point of Iustice and protection, but al had beene gouerned by one Equall, Iust, and Honourable Lawe, as Dido speaketh in Virgill; Tros, Tyriusuè mihi nullo discrimine habetur. If vpon the first submission made by the Irish Lordes to King Henry the second; Quem in Re­gem Three gene­rall submissi­ons of the Irish. & Dominum receperunt, saith Matth. Paris; or vpon the second submission made to King Iohn, when, Plusquam vi­ginti Reguli maximo timore perterriti homa­gium ei & fidelitatem fecerunt, as the same Author writeth; or vppon the third general submission made to King Ri­chard the second; when they did not only do homage & fealty, but bound themselues by Indentures and Oaths (as is before expressed) to becom and continue loyall subiects to the crown of England; If any of these three Kings, who came each of them twice in per­son into this kingdome, had vppon these submissions of the Irishry, recei­ued them all, both Lords & Tenants, [Page 120] into their mediate protection, deui­ded their seuerall Countries into Counties; made Sheriffes, Coroners, and Wardens of the peace therein: sent Iustices Itinerants halfe yearely into euerie part of the Kingdome, as­well to punish Malefactors, as to heare and determine causes betweene par­ty and party, according to the course of the Lawes of England; taken surren­ders of their Lands and territories, & graunted estates vnto them, to holde by English Tenures; graunted them Markets, Fayres, and other Franchi­ses, and erected Corporate Townes among them; all which, hath bin per­formed since his Maiesty came to the Crowne,) assuredly, the Irish Coun­tries had long since beene reformed and reduced to Peace, Plenty, and Ci­uility, which are the effects of Lawes and good Gouernment: they hadde builded Houses, planted Orchards & Gardens: erected Towne-shippes, and [Page 121] made prouision for their posterities; there had beene a perfect Vnion be­twixt the Nations, and consequently, a perfect Conquest of Ireland. For the Conquest is neuer perfect, till the war be at an end; and the war is not at an end till there be peace and vnity; and there can neuer be vnity & Concord in any one Kingdom, but where there is but one King, one Allegiance, and one Law.

TRue it is, that King Iohn made xii. The English Lawes were executed on­ly in the Eng­lish Colonies. shires in Leinster & Mounster: name­ly, Dublin, Kildare, Meth, Vriel, Catherlogh, Kilkenny, VVexford, waterford, Corke, Li­meric, Kerrie, and Tipperary. Yet these Counties did stretch no farther then the Landes of the English Colonies did extend. In them only, were the English Lawes published and put in Execution; and in them only did the Itinerant Iudges make their circuits and yisitations of Iustice, and not in [Page 122] the countries possessed by the Irishry which contained two third partes of the Kingdome at least. And th [...] [...]re King Edward the first, before the court of Parliament was established in Ire­land, did transmit the Statures of Eng­land in this forme: Dominus Rex man­dauit Breue suum in haec verba: Edwardus Dei Archiu. in Ca­stro Dublin. gratia, Rex Angliae, Dominus Hiberniae, &c. Can­cellario suo Hiberniae, Salutem. Quaedam statu­taper nos de assensil Praelatorum, Comitū, Baronū & Communitat. regni nostri nuper apud Lincolne, & quaedam alia statuta postmodum apud Eborum facta, quae in dicta terrae nostra Hiberniae ad Com­munem vtilitatē populi nostri eiusdem terrae obser­uari volumus, vobis mittimus sub sigillo nostro, mandantes quod statuta illa in dict a Cancellaria nostra Custodiri, ac in rotulis eiusdem Cancellariae irrotulari, & adsingulas place as nostras in terra nostra Hiberniae, & sing ulos Commitatus eiusdem terrae mittifaciatis ministris nostris placearum illa. rum, et Vicecomitibus dictorum Comitatuū: man­dantes, quod statuta illa coram ipsis publicari & ea in omnibus et singulis Articulis suis obseruari fir­miter faciatis. Teste meipso apud Nottingham, &c By which Writt, and by all the Pipe­Rolles of that time it is manifest, that the Lawes of England were published [Page 123] and put in execution onely in the Counties, which were then made and limited, & not in the Irish Countries, which were neglected and left wilde; and haue but of late yeares bin deui­ded in one and twenty Counties more.

Againe, true it is, that by the Sta­tute of Kilkenny, enacted in this king­dome, in the fortith yeare of King Ed­ward the thirde, the Brehon Law was condemned and abolished, and the vse and practise thereof made High­Treason. But this Lawe extended to the English onely, and not to the I­rish: For the Lawe is penned in this forme: Item, Forasmuch as the diuersitie Statut. de Kil­kenny. c. 4. of Gouernment by diuers Lawes in one Land, doth make diuersity of ligeance and dehates between the people, It is accorded and established, that heereaf­ter no Englishman haue debate with another Eng­lishman, but according to the course of the Com­mon Law; And that no Englishman be ruled in the definition of their debates, by the March-Law, or the Brehon Law, which by reason ought not to bee named a Law, but an euill Custome; but that they [Page 124] be ruled as right is, by the common Lawe of the land, as the Lieges of our Soueraigne LORD the King; And if any do to the contrary, & there­of be attainted, that he be taken and imprisoned & iudged as a Traitor: And that heerafter there be no diuersity of ligeance betweene the English borne in Ireland, and the English borne in England, but that all bee called and reputed, English, and the Lieges of our Soueraigne Lord the KING, &c. This Law, was made only to reforme the degenerat English, but there was no care taken for the reformation of the meer Irish; no ordinance, no pro­uision made for the abolishing of their barbarous Customes and man­ners. Insomuch as the Law then made for Apparrell, and riding in Saddles, after the English fashion, is penal on­ly to English men, & not to the Irish. But the Romaine State, which conque­red so many Nations both barbarous The Romains did communi­cate their Lawes to the nations, which they conque­red. and Ciuill; and therefore knewe by experience, the best and readiest way of making a perfect & absolute con­quest, refused not to communicate their Lawes to the rude & barbarous [Page 125] people, whom they had Conquered; neither did they put them out of their protection, after they had once submitted themselues. But contrary­wise, it is said of Iulius Caesar: Qua, vicit, victos protegit ille, manu. And againe, of another Emperor:

And of Rome it selfe;

Therefore (as Tacitus writeth) Iulius Tacitus in vita Agricolae. Agricola the Romaine Generall in Brit­tany, vsed this pollicy to make a per­fect Conquest of our Ancestours, the ancient Brittaines; They were (sayth he) rude, and dispersed; and therfore [Page 126] prone vpon euery occasion to make warre, but to induce them by plea­sure to quietnesse and rest, he exhor­ted them in priuate, and gaue them helpes in common, to builde Tem­ples, Houses, and places of publique resort. The Noblemens sonnes, hee tooke and instructed in the Liberall Sciences, &c. preferring the wits of the Brittaines, before the Students of France; as beeing now curious to at­taine the Eloquence of the Romaine Language, whereas they lately reiec­ted that speech. After that, the Roman Attire grew to be in account, and the Gowne to be in vse among them; and so by little and little they proceeded to curiosity & delicacies in Buildings, and furniture of Houshold; in Bathes, and exquisit Banquets; and so beeing come to the heighth of Ciuility, they were thereby brought to an absolute subiection.

LIkewise, our Norman Conqueror, William the Conquerour gouerned both the Nor­mans and the English vn­der one Law. though he oppressed the English Nobility very sore, and gaue away to his seruitors, the Lands and possessi­ons of such, as did oppose his first in­uasion, though he caused all his Actes of Counsel to be published in French; and some legall proceedings & plea­dings to bee framed and vsed in the same tongue, as a marke and badge of a conquest; yet he gouerned Al, both English and Normans, by one & the same Law; which was the auncient common Law of England, long be­fore the Conquest. Neither did he de­nie any English-man (that submitted himselfe vnto him:) The benefit of that Law thogh it were againsta Nor­man of the best ranke, and in greatest fauour (as appeared in the notable Controuersie betweene VVarren the Norman, and Sherburne of Sherburne Ca­stle in Norfolke; for the Conquerour had giuen that Castle to warren; yet [Page 128] when the Inheritors thereof, had al­ledged Causden in Northfolke. before the King, that he neuer bore Armes against him; that hee was his subiect, aswell as the other, & that he did inherit and hold his Landes, by the rules of that Law, which the King had established among all his Sub­iects; The King gaue iudgement a­gainst VVarren, and commanded that Sherborn shold hold his land in peace. By this meane, him-selfe obtained a peaceable possession of the kingdom within few yeares; whereas, if he had cast all the English out of his protec­tion, and held them as Aliens and E­nemies to the Crowne, the Normans (perhaps) might haue spent as much time in the Conquest of England, as the English haue spent in the Con­quest of Ireland.

THE like prudent course hath bin King Edw. I. did communi­cate the Eng­lish Lawes to the Welsh­men. obserued in reducing of Wales; which was performed partly by King [Page 129] Edward the first, and altogether finish­ed by King Henry the eight. For, we finde by the Statute of Rutland, made the 12. of Edward the first, when the Welshmen had submitted themselus, De alto & Basso, to that King, he did not reiect and cast them off, as Out-lawes and Enemies, but caused their Lawes and Customes to be examined, which were in many points agreeable to the Irish or Brehon Lawe. Quibus diligenter audit is & plenius intellectis, quasdam illarū (saieth the King in that Ordinance) Consilio procerum dileuimus; quasdam per­missimus; quasdam correximus; ac etiā quas­dam alias adijciendas et faciend. de creuimus; and so established a Commonwealth among them, according to the forme of the English Gouernement. After this, by reason of the sundry insurrec­tions of the Barons; the Warres in France; and the dissention betweene the houses of Yorke and Lancaster, the State of England, neglected or omit­ted [Page 130] the execution of this Statute of Rutland; so as a great part of Wales grew wilde and barbarous again. And therefore King Henrie the eight, by the Statutes of the 27. and 32. of his raign, did reuiue and recontinue that Noble worke begun by King Edward the first; and brought it indeed to ful perfection; For he vnited the Domi­nion of Wales, to the Crown of Eng­land, and deuided it into Shires, and erected in euery Shire, one Borough, as in England; and enabled them to send Knights & Burgesses to the Par­liament; established a Court of Presi­dency; and ordained that Iustices of Assise, and Gaol-deliuerie, should make their halfe yearly Circuits there, as in England; made all the Lawes & Sta­tutes of England, in force there; and among other Welsh Customes, abo­lished that of Gauel-kinde: wherby the Heyres-Females were vtterlie exclu­ded, and the Bastards did inherit, as­wel [Page 131] as the Legimate, which is the ve­ry Irish Gauelkinde. By means where­of; that entire Country in a short time was securely setled in peace and Obe­dience, and hath attained to that Ci­uility of Manners, and plentie of all things. as now we finde it not inferi­our to the best parts of England.

I will therefore knit vp this point with these conclusions; First, that the Kings of England, which in former A­ges attempted the Conquest of Ire­land, being ill aduised and counselled by the great men heere, did not vpon the submissions of the Irish, commu­nicate their Lawes vnto them, nor ad­mit them to the state and condition of Free-subiectes: Secondly, that for the space of 200, yeares at least, af­ter the first arriual of Henry the secound in Ireland, the Irish would gladly haue embraced the Lawes of England, and did earnestly desire the benefite and protection thereof; which being de­nied [Page 132] them, did of necessitie cause a continuall bordering warre between the English and the Irish. And lastly, if according to the examples before recited, they had reduced as well the Irish Countries, as the English Colo­nies, vnder one forme of ciuil gouern­ment (as now they are,) the Meres & Bounds of the Marches and Borders, had beene long since worne out and forgotten, (for it is not fit, as Cambren­sis writeth) that a King of an Islande Giraldus Cam­brensis. lib. 2. de Hiberniâ expugnata. should haue any Marches or Borders, but the foure Seas) both Nations had beene in corporated and vnited; Ire­land had beene entirely Conquered, Planted, and Improoued; and retur­ned a rich Reuennew to the Crowne of England.

THE next error in the Ciuill polli­cy 2. The Landes conquered from the Irish were not well distributed. which hindered the perfection of the Conquest of Ireland, did consist in the Distribution of the Landes and [Page 133] possessions which were woonne and conquered from the Irish. For, the Scopes of Land which were graunted to the first Aduenturers, were too Large; and the Liberties and Royalties, which they obtained therein, were too great for Subiects: though it stood with reason that they should be rewarded liberal­ly out of the fruites of their owne La­bours, since they did Militare proprijs stipendijs, and receiued no pay from the Crowne of England. Notwith­standing there ensued diuers incon­uiences, that gaue great impediment to the Conquest.

FIrst, the Earle Strongbow was entitu­led The propor­tions of Land graunted to the first Ad­uenturers, wer too large to the whole Kingdom of Lein­ster; partly by Inuasion, and partly by Marriage; albeit, hee surrendred the same entirely to King Henrie the se­cond his Soueraigne; for that with his license hee came ouer; and with the Ayde of his Subiects, hee had gayned [Page 134] that great inheritance; yet did the K. G iraldus Cam­brensis. lib. 2. de Hiberniâ expugnata re-grant backe againe to him and his heyres all that Prouince, reseruing onely the Citty of Dublin, & the Can­treds next adioyning, with the Mari­time In Archiu. Tur. 5. Edw. 3. Es­cheat nume ro 104. Townes, and principall Forts & Castles. Next, the same King granted to Robert Fitz-Stephen, and Miles Cogan, the whole Kingdome of Corke, from Lismore to the Sea. To Phillip le Bruce, he 2. Iohannis Chart. m. 15. & m. 38. gaue the whole Kingdome of Lime­ricke, with the Donation and Byshop­prickes and Abbeyes (except the Ci­tie, and one Cantred of Land adioy­ning.) 6. Iohan. Chart. m. 1. To Sir Hugh de Lacy, all Meth. 7. Iohan. Chart. m. 12. &n.109 To Sir Iohn De Courcy, all Vlster: to wil­liam Burke Fitz-Adelm, the greatest part 6. Ed. 1. Chart. m. 19. of Conaght. In like manner, Sir Tho­mas de Clare, obtained a graunt of all Thomond; and Otho de Grandison of all 18. Ed. 1. m. 29 Tipperary; and Robert le Poer, of the ter­ritory of VVaterford, (the Citty it selfe, and the Cantred of the Oastmen on­ly Girald. Cambr. lib. 2. de Hiber­nia expug. excepted.) And thus was all Ireland [Page 135] Cantonized among tenne persons of All Ireland distributed to ten persons of the English Nation. the English Nation; And thogh they had not gained the possession of one third part of the whole Kingdom, yet in Title they were Owners and Lords of all, so as nothing was left to bee graunted to the Natiues. And there­fore we do not find in any Record or storie for the space of three hundred yeares, after these Aduenturers first a­riued in Ireland, that any Irish Lorde 6. H. 3. Chart. m. 2. obtained a grant of his Country from the Crowne, but onely the King of Thomond, who had a grant but during King Henry the third his Minority: and Rotherick O Connor, King of Conaght, to whom King Henrie the second, before Houeden in H. 2. fol. 302. this distribution made, did graunt (as Archiu. turr. 17 Iohannis Chart. m. 31. is before declared.) Vt sit Rex sub eo; & moreouer, Vt teneat terram suam Conac­tiae it a bene & inpace, sicut tenuit antequam Dominus Rex intravet Hiberniam And 6. Iohannis Claus. m. 18. whose successour, in the 24. of Henrie the third, when the Bourkes had made [Page 136] a strong plantation there, & had wel­ny expelled him out of his territory, he came ouer into England, (as Matth. Matth. Paris in Hemy the third. Paris writeth) and made complaint to King Henrie the third of this inuasion made by the Bourkes vppon his Land, insisting vppon the g [...]auntes of King Henrie the second, and King Iohn; and affirming, that he had duely paide an yearely tribute of fiue thousand marks for his Kingdome. Whereupon, the King called vnto him the Lord Mau­rice Fitz-Girald, who was then Lorde Iustice of Ireland, and President in the Court; and commanded him that he should roote out that vniust plantati­on, which Hubert Earle of Kent had in the time of his greatnesse, planted in those parts; and wrote withall to the greatmen of Ireland to remooue the Bourkes, and to establish the King of Conaght in the quiet possession of his Kingdome. Howbeit I doe not read that the King of Englands comman­dement [Page 137] or direction in this behalfe, was euer put in execution. For, the troth is; Richard de Burgo had obtained 3. Henrie 3. a graunt of all Conaght, after the death of the King of Conaght, then liuing. For which he gaue a thousand pounde, as the Record in the Tower reciteth, the third of Henry 3. claus. 2. And besides, our great English Lords coulde not endure that any Kings should raigne in Ireland, but themselues; nay, they could hardly endure that the Crown of England it selfe, should haue any Iu­risdiction or power ouer them. For The Liberties granted to the first aduentu­rers were too great. many of these Lordes, to whome our Kings had granted these petty king­domes, did by Vertue and colour of these Grants, claime and exercise Iura Regalia within their Territories; inso­much, 8. Counties Palatines in Ireland at one time. as there were no lesse thē eight Counties Palatines in Ireland, at one time.

For VVilliam Marshall, Earle of Pem­broke, who married the daughter and [Page 138] heyre of Strongbow, being Lord of all Leynster, had Royall Iurisdiction tho­roughout al that Prouince. This great Anna'es Hiber­niae in Camden. Lord had fiue sonnes, and fiue daugh­ters; euery of his sonnes enioyed that Seigniory successiuely, and yet al died without Issue. Then this great Lord­ship was broken and diuided, & per­tition made betweene the fiue daugh­ters, who were married into the No­blest Houses of England. The Countie of Catherlogh was allotted to the eldest; VVexford to the second; Kilkenny to In Archiu. Tur. 11. Edw. 3. Es­cheat n. 28. the third; Kildare to the fourth; the greatest part of Leix, nowe called the Queenes County, to the fift: In euery of these portions, the Coparceners se­uerally exercised the same Iurisdicti­on Royall, which the Earle Marshall and his Sonnes had vsed in the whole Prouince. Whereby it came to passe, 5 Coun [...] Palatines in Leinster. that there were fiue County Palatines erected in Leinster. Then had the Lord of Meth the same Royall libertie in all [Page 143] that Territory; the Earle of Vlster in all that Prouince; and the Lorde of Desmond and Kerry within that Coun­ty. Archiu. in Ca­stro Dublin. All these appeare vppon Record, and were all as ancient as the time of Archiu, Turr. pat. 3. E. 3. m. 28 King Iohn; onely the liberty of Tippe­rarie, which is the onely Liberty that remaineth at this day, was granted to Iames Butler the first Earle of Ormond, in the third yeare of King Edward the third.

These absolute Palatines made Barons & Knights, did exercise high Iustice in all points within their Ter­ritories, Archiu. in Ca­stro Dublin. erected Courts for Criminall and ciuill Causes, and for their owne Reuennews; in the same forme, as the Kings Courts wer established at Dub lin; made their own Iudges, Seneshals, Sheriffes, Corroners, and Escheators; so as the Kinges Writt did not run in those Counties (which took vp more then two partes of the English Colo­nies) but onely in the Church Lands [Page 140] lying within the same, which were called the Crosse, wherein the K. made a Sheriffe: And so, in each of these Counties Palatines, there were two Sheriffes; One, of the Libertie; & an­other of the Crosse: As in Meth we find a Sheriffe of the Liberty, and a She­riffe of the Crosse: And so in Vlster, & so in wexford: And so at this day, the Earle of Ormond maketh a Sheriffe of the Liberty, and the King a Sheriffe of the Crosse of Tipperary. Heereby it is manifest, how much the Kinges Iu­risdiction was restrained, and the po­wer of these Lords enlarged by these High Priuiledges. And it doth further appear, by one Article among others, preferred to King Edward the thirde, touching the reformation of the state of Ireland, which we finde in the To­wer, in these words; Item les francheses grantes in Irelād, que sont Roialles, telles co­me Duresme & Cestre, vous oustont cybien de les profits, Come de graunde partie de [Page 141] Obeisance des persons enfrancheses; & en quescū franchese est Chancellerie, Chequer & Conusans de pleas, cybien de la Coronne, come autres commu­nes, & grantont auxi Charters de pardon; et sont souent per ley et reasonable cause seisses envostre main, a grand profit de vous; et leigerment resti­tues per maundemēt hors de Englettere, a damage, &c. Vnto which Article, the K. made answer; Le Roy voet que les francheses que sont et serront per iuste cause prises en sa main, ne soent my restitues, auant que le Roy soit certifie de la cause de la prise de icelles. 26. Ed. 3. Claus. m. 1. Again, these great Vndertakers, were not tied to any forme of plantation, but all was left to their discretion and pleasure. And although they builded Castles, and made Free-holders, yet were there no tenures or seruices re­serued to the Crowne; but the Lords drew all the respect and dependancie of the common people, vnto Them­selues. Nowe let vs see what inconue­niences did arise by these large and ample Grants of Landes and Liber­ties, to the first Aduenturers in the Conquest.

ASsuredly by these Grants of whole The inconue­niences which grew by the large graunts of Lands and Liberties. Prouinces and pettie Kingdomes, those few English Lordes pretended to be proprieters of all the Land, so as there was no possibility left of setling the Natiues in their possessions, and by consequence the Conquest becam impossible, without the vtter extirpa­tion of all the Irish; which these Eng­lish Lords were not able to doe, nor perhaps willing, if they had bin able. Notwithstanding, because they did still hope to become Lordes of those Lands which were possessed by the Irish, whereunto they pretended Ti­tle by their large Grants; and because they did feare, that if the Irish were re­ceiued into the Kings protection, and made Liege-men and Free-subiectes, the state of England woulde establish them in their possessions by Graunts from the Crowne; reduce their Coun­tries into Counties, ennoble some of them; and enfranchise all, and make [Page 147] them amesueable to the Lawe, which woulde haue abridged and cut off a great part of that greatnesse which they had promised vnto themselues: they perswaded the King of England, that it was vnfit to Communicate the Lawes of England vnto them; that it was the best pollicie to holde them as Aliens and Enemies, and to prosecute them with a continuall warre. Heere­by The English Lords in Ire­land, made war and peace at their plea­sure. they obtained another Royal pre­rogatiue and power: which was, to make Warre and peace at their plea­sure, in euery part of the Kingdome. Which gaue them an absolute Com­maund ouer the Bodies, Landes, and Goods of the English subiectes heere. And besides, the Irish inhabiting the Lands fully Conquered and reduced, being in condition of slaues and Vil­laines, did render a greater profit and Reuennew, then if they had bin made the Kings Free-subiects.

And for these two causes last ex­pressed, [Page 144] they were not willing to root out all the Irishry. We may not ther­fore meruaile, that when King Edward the third, vpon the petition of the I­rish (as is before remembred) was de­sirous to be certified, De voluntate mag­natum suorum in proximo Parliamento in Hibernia tenend si sine alieno praeiudicio cō ­cederepossit, quod per statut. inde fact. Hi­bernici vtantur legibus Anglicanis, siue char­tis Regijs inde Impetrandis, that there was neuer any Statute made to that effect. For the troth is, that those great Eng­lish Lords did to the vttermost of their power, crosse and withstand the en­franchisement of the Irish, for the causes before expressed; Wherein I must stil cleare and acquit the Crown and State of England, of negligence or ill pollicy, and lay the fault vppon the Pride, Couetousnesse, & ill Coun­sell of the English planted heer, which in all former ages haue bin the chiefe impediments of the final Conquest of Ireland.

AGaine, those large scopes of Land, The war and dissention of the English Lordes one with another. and great Liberties, with the abso­lute power to make warre and peace, did raise the English Lordes to that height of Pride and Ambition, as that they could not endure one another, but grew to a mortall warre and dis­sention among themselues: as appea­reth by all the Records and Stories of this Kingdome. First, in the yeare, 1204. the Lacies of Meth, made Warre vpon Sir Iohn Courcy; who hauing ta­ken him by treachery, sent him priso­ner into England. In the yeare, 1210. Annales Hiber­ [...] in Camden. King Iohn comming ouer in person, expelled the Lacies out of the King­dome, for their tiranny and oppressi­on of the English: howbeit, vppon payment of great Fines, they were af­terward restored. In the yeare, 1228. that family beeing risen to a greater heighth (for Hugh de Lacy the yonger, was created Earle of Vlster, after the death of Courcy without yssue) there a­rose [Page 150] dissention and warre betweene that house, and william Marshall Lorde os Leinster; whereby all Meth was de­stroyed and layd wast. In the yeare, 1264. Sir walter Bourke hauing married the Daughter & heire of Lacy, where­by he was Earl of Vlster in right of his Wife, had mortall debate with Mau­rice Fitz-Morice the Geraldine, for cer­taine Lands in Conaght. So as all Ireland was full of Wars between the Bourkes and the Geraldines (say our Annalles.) Wherein Maurice Fitz-Morice grew so insolent, as that vppon a meeting at Thistledermot, he took the Lord Iustice himselfe, Sir Richard Capell, prisoner, with diuers Lords of Mounster beeing then in his Company. In the yeare, 1288. Richard Bourke, Earle of Vlster, (commonly called the Red Earle) pre­tending title to the Lordship of Meth, made warre vpon Sir Theobald de Ver­dun, and besiedged him in the Castle of Athloue. Againe, in the yeare, 1292. [Page 147] Iohn Fitz-Thomas the Geraldine, hauing by contention with the Lorde Vesci, gotten a goodly inheritance in Kil­dare, grew to that heighth of immagi­nation (saith the Story) as he fell into difference with diuers great Noble­men; and among many others, with Richard the Red Earle, whom he took prisoner, and detained him in Castle Ley; and by that dissention, the Eng­lish Annales Hiber­niae in Camden. on the one side, and the Irish on the other, did wast and destroy all the Countrey.

After, in the yeare, 1311. the same Red Earle (comming to besiege Bon­ratty in Thomond, which was then held Annales Iohan­nis Clynne. Manuscript. by Sir Richard de Clare as his inheri­tance) was againe taken prisoner: & all his Army (consisting for the most part of English) ouerthrown and cut in pieces, by Sir Richard de Clare. And after this againe, in the yeare, 1327. most of the great Houses were ban­ded one against another, (viz:) The [Page 148] Giraldines, Butlers, and Breminghams, on the one side, and the Bourkes & Poers on the other. The ground of the quar­rell beeing none other, but that the Lord Arnold Poer, had called the Earle of Kildare, Rimer: But this quarrell was prosecuted with such malice and violence, as the Counties of waterford and Kilkenny were destroied with fire and sword, till a Parliament was cal­led of purpose; to quiet this dissenti­on.

Shortly after, the Lord Iohn Breming­ham, who was not long before made Earle of Louth, for that notable seruice which he performed vpon the Scots, betweene Dundalke and the Faher, was so extreamly enuied by the Gernons, Verdons, and others of the ancient Co­lony, planted in the County of Louth, as that in the year, 1329. they did most wickedly betray & murder that Earl, with diuers principall Gentlemen of his name and Family; vsing the same [Page 149] speech that the Rebellious Iewes are saide to vse in the Gospell:

After this, the Geraldines and the But­lers being becom the most potent fa­milies in the Kingdome (for the great Lordshippe of Leinster was diuided a­mong Coparceners, whose heires for the most part liued in England; and the Earledom of vlster, with the lord­ship of Meth, by the match of Lionell Duke of Clarence, at last discended vp­on the Crowne) had almost a conti­nuall warre one with another. In the time of king Henry the sixt (saith Baron Baron Finglas, Manuscript. Finglas in his Discourse of the Decay of Ireland,) in a fight betweene the Earles of Ormond and Desmond, almost all the Townes-men of Kilkenny were slaine. And as they followed contra­ry parties during the Warres of Yorke and Lancaster, so after that ciuil dissen­tion ended in England, these Houses in Ireland continued their opposition [Page 150] and feud still, euen till the time of K. Henry the eight; when by the Marri­age of Margaret Fitz-Girald to the Earl of Ossory, the houses of Kildare and Or­mond were reconciled, and haue con­tinued in amity euer since.

Thus these great Estates & Roy­alties graunted to the English Lords in Ireland, begate Pride; and Pride, begat Contention among themselus, which broght forth diuers mischiefs, that did not only disable the English to finish the Conquest of all Ireland, but did endaunger the losse of what was already gained; And of Conque­rors; made them slaues to that Nation which they did intend to Conquer. For, whensoeuer one English Lorde had vanquished another, the Irish waited and tooke the opportunity, & fell vpon that Country which had re­ceiued the blow; and so daily recoue­red some part of the lands, which wer possessed by the English Colonies.

Besides, the English Lords to streng­then their parties, did ally themselues with the Irish, and drewe them in, to Sta. 10. H. 7. c. 4 dwell among them, gaue their Chil­dren Rot. Parliam. in castro Dublin to be fostered by them; and ha­uing no other meanes to pay or re­ward thē, suffred them to take Coigne and Liuery vppon the English Free­holders; which Oppression was so intollerable, as that the better sort were enforced to quit their freeholds and fly into England; & neuer retur­ned, though many Lawes were made in both Realmes, to remaunde them backe againe: and the rest which re­mained, became degenerat and meer Irish, as is before declared. And the English Lords finding the Irish exac­tions to be more profitable then the English Rents and seruices; & louing the Irish tyranny, which was tyed to no Rules of Law or Honor, better then a iust and lawfull Seigniory, did reiect and cast off the English Law and Go­uernment, [Page 152] receiued the Irish Lawes and Customes, tooke Irish Surnames, as Mac william, Mac Pheris, Mac Yoris, Baron Finglas, Manuscript. refused to come to the Parliamentes which were summoned by the King of Englands Authority, and scorned to obey those English Knights which were sent to commaund and gouerne this Kingdome; Namely, Sir Richard Capel, Sir Iohn Morris, Sir Iohn Darcie, and Sir Raphe vsford. And when Sir An­thony Lucie, a man of great Authoritie in the time of King Edward the thirde, was sent ouer to reforme the notori­ous abuses of this Kingdom, the King doubting that he shold not be obey­ed, Archiu. Turr. 5. Ed. 3. claus. m. 4 directed a speciall Writt or Man­date to the Earle of vlster, and the rest of the Nobility to assist him. And af­terwards, the same King (vpon good aduise and Counsell) resumed those excessiue Grants of Lands and Liber­ties in Ireland, by a special ordinance made in England, which remaineth [Page 153] of Record in the Tower, in this form: Quia plures excessi [...] & donationes terrarum et li­bertatum in Hibernia ad subdolam machinationem Archiu. Tur. 15 Ed. 3. claus. m. 4 petentium factae sunt, &c. Rex deluserias huius­modo machinationes volens elidere, de consilio pe­ritorum sibi assistentium, omnes donationes Terra­rum et libertatum praedict. duxit reuocandas quo­vsque de merit is donatariorū et causis ac qualitati­bus donationū melius fuerit informat et ideo man­datum est Iusticiario Hiberniae qd. seisirifaciat, &c Howbeit, ther followed vpon this re­sumptiō, such a diuision & faction be­tween the English of birth, & the Eng­lish of bloud and race, as they summo­ned & held seuerall Parliaments apart one from the other. Whereuppon, there had risen a general war betwixt them, to the vtter extinguishing of the English Name and Nation in Ire­land, if the Earle of Desmond, who was head of the faction against the Eng­lish Annales Hiber­niae in Camden. of birth, had not beene sent into England, and detained there for a time: yet afterwardes, these liberties beeing restored by direction out of England, the 26. of Edw. 3. complaint [Page 154] was made to the King of the easie re­stitution; whereunto the King made answere, as is before expressed: so as we may conclude this point with that which we finde in the Annalles, pub­lished by Maister Camden: Hibernici de­bellati & consumpti fuissent, nisiseditio An­glicorum impedivisset. Wherunto I may adde this note, that though some are of opinion, that Grants of extraordi­nary Honours and Liberties made by a King to his subiects, do no more di­minish his greatnesse, then when one Torch lighteth another; for it hath no lesse light, then it had before, Quis ve­tat apposito lumen de lumine sumi? Yet ma­ny times, inconueniences doe arise thereuppon: and those Princes haue held vp their Soueraignty best, which haue beene sparing in those Graunts. And truely, as these Graunts of little Kingdomes, and great Royalties, to a few priuate persons, did produce the mischiefes spoken of before: So the [Page 155] true cause of the making of these The first Ad­uenturers ob­tained these liberal grants, because the Kings of Eng­land did not prosecute the warre at their owne charge. Grants, did proceede from this; That the Kings of England beeing other­wise employed and diuerted, did not make the Conquest of Ireland, their own worke, and vndertake it not royally at their owne charge; but as it was first begun by perticular Aduenturers, so they left the prosecution thereof, to them, & other voluntaries, who came to seeke their fortunes in Ireland; wherein if they could preuayle, they thought that in reason & honor they could doe no lesse, then make them proprieters of such scopes of Land as they could conquer, people, & plant at their owne charge, reseruing only the Soueraigne Lordshippe to the Crowne of England. But if the Lyon had gone to hunt himselfe, the shares of the Inferiour Beastes had not beene so great: If the inuasion had been made by an ar­my transmitted, furnished, & supply­ed only at the kings charges, & wholy [Page 156] paid with the Kings Treasure, as the Armies of Queene ELIZABETH, and King Iames haue been; as the conquest had beene sooner atchiued, so the ser­uitors had beene contented with les­ser proportions.

For, when Scipio, Pompey, Caesar, How the State of Rome re­warded their men of warre. and other Generals of the Roman Ar­mies, as Subiectes and Seruants of that State, and with the publicke Charge had conquered many Kingdomes & Commonweales, wee finde them re­warded with Honorable Offices and Triumphes at their returne; and not made Lords and proprieters of whol Prouinces and Kingdoms which they had subdued to the Empire of Rome. Likewise, when the Duke of Norman­dy William the Conqueror. had conquered England, which he made his owne work, and performed it in his owne person, hee distributed sundry Lordships and Mannors vnto his followers, but gaue not away whole Shires and Countreyes in de­mesne [Page 157] to any of his seruitors, whom he most desired to aduance. Only, he made Hugh Lupus County Palatine of Camden in Che­ster. Chester, and gaue that Earledome to him and his heyres, to hold the same, It a liberè ad gladium, sicut Rex tenebat An­gliam ad Coronam. Whereby that Earle­dome indeed had a royal Iurisdiction and Seigniory, though the Landes of that Countie in demesne, were pos­sessed for the most part by the aunci­ent Inheritors.

Again, from the time of the Nor­man Wales distri­buted to the L. Marchers. Conquest, till the raigne of King Edward the first, many of our English Lords, made warre vpon the Welsh­men at their owne charge; the lands which they gained they held to their owne vse, were called Lords Marchers, and had Royal Liberties within their Lordshippes. Howbeit, these parti­cular Aduenturers, could neuer make a perfect Conquest of Wales.

But when King Edward the first, [Page 158] came in person with his army thither, kept his residence and Court there; made the reducing of wales, an enter­prize of his owne; hee finished that worke in a yeare or two, whereof the Lords Marchers had not performed a third part, with their continuall bor­dering warre, for two hundred years before. And withall we may obserue, that though this King had nowe the Dominion of Wales in Iure propriet a­tis, as the Statute of Rutland affirmeth; which before was subiect vnto him, but in Iure feodali: And though he had lost diuers principall Knights & No­blemen in that Warre, yet did he not reward his seruitors with whol Coun­tries or Counties, but with particular Mannors and Lordships: as to Henrie Lacy Earle of Lincolne, hee gaue the Lordship of Denbigh; and to Reignold Gray, the Lordship of Ruthen, and so to others. And if the like course had beene vsed in the winning and distri­buting [Page 159] of the Landes of Ireland, that Island had beene fully conquered be­fore the continent of wales had beene reduced. But the troth is, when Pri­uate men attempt the Conquest of Countries at their own charge, com­monly their enterprizes doe perrish without successe: as when, in the time of Queene Elizabeth, Sir Thomas Smith vndertooke to recouer the Ardes: and Chatterton, to reconquer then Fues and Orier. The one lost his Sonne; and the other, Himselfe; and both their Ad­uentures came to nothing. And as for the Crowne of England, it hath had the like fortune in the Conquest of this Land, as some purchasers haue; who desire to buy Land at too easie a Rate: they finde those cheap purcha­ses so full of trouble, as they spende twice as much as the Land is woorth, before they get the quiet possession thereof.

And as the best pollicy was not [Page 160] obserued in the distribution of the conquered Lands; so as I conceyue, that the first Aduenturers intending to make a full Conquest of the Irish, were deceiued in the choyse of the Fittest places for their plantation. For they sate downe, and erected their Castles and Habitations in the Plaines & open Countries; wher they found most fruit­full and profitable Lands, and turned the Irish into the VVoods & Mountains: Which, as they were proper places for Out-Lawes and Theeues, so were they their Naturall Castles and Fortifica­tions; thither they draue their preyes and stealths; there they lurkt, and lay in waite to doe mischiefe. These fast­places they kept vnknowne, by ma­king the wayes and Entries thereun­to impassable; there they kept their Creaghts or Heardes of Cattle, liuing by the Milke of the Cowe, without Husbandry or Tillage; there they en­creased and multiplied vnto infinite [Page 161] numbers by promiscuous generation among themselues; there they made their Assemblies and Conspiracies without discouery: But they discoue­red the weaknes of the English dwel­ling in the open plaines; and there­upon made their sallies and retraites with great aduantage. Whereas, on the other side, if the English had buil­ded their Castles and Towns in those places of fastnesse, and had driuen the Irish into the Plaines and open Countries, where they might haue had an eye and obseruation vpon thē, the Irish had beene easily kept in Or­der, and in short time reclaimed from their wildnesse; there they woulde haue vsed Tillage, dwelt together in Towne-ships, learned Mechanicall Arts & Sciences. The woods had bin wasted with the English Habitations, as they are about the Forts of Maribo­rough and Phillipston, which were built in the fastest places in Leinster, and the [Page 162] wayes and passages throughout Ire­land, would haue boene as cleare and open, as they are in England at this day.

A Gaine, if King Henry the second, The English Lords did not reduce the woodes and wasts in For­rests & Parks. who is said to be the K. that Con­quered this Land, had made Forrests in Ireland, as he did enlarge the For­rests in England (for it appeareth by Chart. de Forest. c. 2 & 3. Charta de Foresta, that hee afforrested many woods and wasts, to the Gree­uance of the Subiect, which by that Lawe were disaforrested,) or if those English Lordes, amongst whom the whole Kingdome was deuided, had beene good Hunters, and had redu­ced the Mountaines, Bogges, and woods within the limits of Forrests, Chases, and Parkes; assuredly, the ve­ry Forrest Law, and the Law de Male­factoribus in parcis, would in time haue driuen them into the Plains & Coun­tries inhabited and mannured, and [Page 163] haue made them yeeld vppe their fast places to those wilde Beastes which were indeede lesse hurtfull and wilde, then they. But it seemeth straunge to mee, that in all the Recordes of this Kingdome, I seldome find any menti­on made of a Forrest; & neuer of anie Parke or Free-warren; considering the great plenty both of Vert and Ve­nison within this Land; and that the cheefe of the Nobility and Gentry are discended of English race; and yet at this day, there is but one Parke stored with Deere in al this kingdom: which is a Parke of the Earle of Ormonds, neer Kilkenny. It is then manifest, by that which is before expressed; that the not communicating of the English lawes to the Irish; the ouer-large Grants of Lands and Liberties to the English; the plantation made by the English in the Plaines and open Countreyes, leauing the Woods and Mountaines to the Irish, were great Defects in the [Page 164] Ciuill pollicy, and hindered the per­fection of the Conquest verie much. Howbeit, notwithstanding these De­fects and Errours, the English Colo­nies stood and maintained themselus in a reasonable good estate, as long as they retained their owne auncient Lawes and Customes, according to that of Ennius: Moribus antiquis res stat. Romana viris (que). But when the ciuil Go­uernment The English Colonies re­iected the English lawes and customes, and embraced the Irish. grew so weake & so loose, as that the English Lords, would not suffer the English Lawes to be put in execution within their Territories & Seigniories, but in place therof, both they and their people, embraced the Irish Customes: Then the estate of things, like a Game at Irish, was so tur­ned about, as the English, which ho­ped to make a perfect Conquest of the Irish, were by them perfectly and ab­solutely conquered; because Victi vic­toribus leges dedere. A iust punnishment to our Nation, that wold not giue Lawes to the [Page 165] Irish when they might: and therefore nowe the Irish gaue Lawes to them. Therefore, this Defect and failing of the English Iustice, in the English Colonies; and the inducing of the Irish Customes in lieu thereof, was the maine impedi­ment that did arrest and stoppe the course of the Conquest; and was the only meane that enabled the Irishrie to recouer their strength againe.

FOr, if wee consider the Nature of The nature of the Irish Cu­stomes. the Irish Customes, wee shall finde that the people which doth vse them, must of necessitie bee Rebelles to all good Gouernment, destroy the com­monwealth wherein they liue, and bring Barbarisme and desolation vp­on the richest and most fruitfull Land of the world. For, whereas by the iust and Honourable Law of England, & by the Lawes of all other well-gouer­ned The Irish laws and Customs, differing from the Lawes & Customs of al ciuill Nations Kingdomes and Commonweals, Murder, Man-slaughter, Rape, Rob­bery, [Page 166] and Theft, are punnished with death; By the Irish Custome, or Bre­hon Law, the highest of these offences was punished onely by Fine, which they called an Ericke. Therfore, when The Irish Law in Criminall causes. Sir VVilliam Fitz-williams, (being Lord Deputy) told Maguyre that hee was to send a Sheriffe into Fermaunagh, being lately before made a County; your Sheriffe (saide Maguyre) shall be wel­come to me, but let me knowe his E­ricke, or the price of his head afore hand; that if my people cut it off, I may cut the Ericke vpon the Countrey. As for Oppression, Extortion, & other tres­passes, the weaker had neuer anie re­medy against the stronger: whereby it came to passe, that no man coulde enioy his Life, his Wife, his Lands or Goodes in safety, if a mightier man then himselfe had an appetite to take the same from him. Wherein they were little better then Canniballes, who doe hunt one another; and hee that [Page 167] hath most strength and swiftnes, doth eate and deuoure all his fellowes.

Againe, in England, and all well ordered Common-weales, men haue certaine estates in their Lands & pos­sessions, and their inheritances dis­cend from Father to Son, which doth giue them encouragement to builde, and to plant, and to improoue their Landes, and to make them better for their posterities. But by the Irish Cu­stome of Tanistry, the Cheefetanes of The Irish Cu­stome of Tani­stry. euery Countrey, and the chiefe of e­uery Sept, had no longer estate then for life in their Cheeferies, the inheri­tance whereof, did rest in no man. And these Cheeferies, though they had some portions of Lande allotted vnto them, did consist chiefely in cut­tings and Cosheries, and other Irish exactions, whereby they did spoyle and impouerish the people at their pleasure. And when their Chieftanes were dead, their sonnes or next heires [Page 166] did not succeede them, but their Ta­nistes, who were Electiue, and purcha­sed their elections by strong hande; The Irish Cu­stome of Ga­uelkinde. And by the Irish Custome of Gauell­kinde, the inferiour Tennanties were partible amongst all the Males of the Sept, both Bastards and Legittimate: and after partition made, if any one of the Sept had died, his portion was not diuided among his Sonnes, but the cheefe of the sept, made a new partiti­on of all the Lands belonging to that Sept, and gaue euerie one his part ac­cording to his antiquity.

THese two Irish Customes made all The mischiefs that arise by these two Cu­stomes. their possessions vncertain, being shuffled, and changed, and remoued so often from one to another, by new elections and partitions; which vn­certainty of estates, hath bin the true cause of such Desolation & Barbarism in this land, as the like was neuer seen in any Countrey, that professed the [Page 169] name of Christ. For, though the I­rishry be a Nation of great Antiquity, and wanted neither wit nor valour; and though they had receiued the Christian Faith, aboue 1200. yeares since; and were Louers of Musicke, Poetry, and all kinde of learning; and possessed a Land abounding with all thinges necessary for the Ciuill life of man; yet (which is strange to bee re­lated) they did neuer builde any hou­ses of Bricke or stone (some few poor Religious Houses excepted) before the raigne of King Henrie the second, though they wer Lords of this Island for many hundred yeares before, and since the Conquest attempted by the English: Albeit, when they sawe vs builde Castles vppon their borders, they haue only in imitation of vs, ere­cted some few piles for the Captaines of the Country: yet I dare boldly say, that neuer any perticuler person, ey­ther before or since, did builde anie [Page 170] stone or bricke house for his priuate Habitation; but such as haue latelie obtained estates, according to the course of the Law of England. Neither did any of them in all this time, plant any Gardens or Orchards, Inclose or improue their Lands, liue together in setled Villages or Townes, nor made any prouision for posterity; which being against all common sense and reason, must needes bee imputed to those vnreasonable Customes, which made their estates so vncertaine and transitory in their possessions.

For, who would plant or improoue, or build vppon that Land, which a stranger whom he knew not, should possesse after his death? For that (as Salomon noteth) is one of the strangest Vanities vnder the Sunne. And this is the true reason why Vlster, and all the Irish Countries are found so wast and desolate at this day; and so wold they continue till the worlds end, if these [Page 171] Customes were not abolished by the Law of England.

Againe, that Irish Custom of Ga­uel-kinde, did breede another mis­chiefe; for thereby, euery man being borne to Land, aswell Bastard, as Le­gitimate, they al held thēselues to be Gentlemen. And though their portions were neuer so small, and them-selues neuer so poor (For Gauelkind must needs in the end make a poore Gentility,) yet did they scorne to discend to Husbandry or Marchandize, or to learn any Me­chanicall Art or Science. And this is the true cause why there were neuer any Corporate Towns erected in the Irish Countries. As for the Maritime Citties and Townes, most certaine it is, that they were built and peopled by the Ostmen or Easterlings: for the na­tiues of Ireland neuer perfourmed so good a worke, as to build a City. Be­sides, these poore Gentlemen were so affected vnto their small portions of [Page 172] Land, as they rather chose to liue at home by Theft, Extortion, and Cos­hering, then to seeke any better for­tunes abroad: which encreased their Septs or Syrnames into such numbers, as there are not to bee found in anie Kingdome of Europe, so many Gen­tlemen of one Blood, Familie, and Syrname, as there are of the O Neales in Vlster; of the Bourkes, in Conaght; of the Geraldines, and Butlers, in Munster & Leinster. And the like may be saide of the Inferiour Bloodes and Families; whereby it came to passe in times of trouble & Dissention, that they made great parties and factions adhering one to another, with much constan­cie; because they were tyed together, Vinculo sanguinis; whereas Rebels and Malefactors which are tyed to their Leaders by no band, either of Dutie or Blood, do more easily breake and fall off one from another. And be­sides, their Coe-habitation in one [Page 173] Countrey or Teritory, gaue them op­portunity suddenly to assemble, and Conspire, and rise in multitudes a­gainst the Crowne. And euen now, in the time of peace, we finde this in­conuenience, that ther can hardly be an indifferenttriall had betweene the King & the Subiect, or between par­tie and partie, by reason of this gene­rall Kindred and Consanguinity.

BVt the most wicked and mischee­uous The wicked Customes of Coigne and Li­uery. Custome of all others, was that of Coigne and Liuery, often before mentioned; which consisted in ta­king of Mansmeate, Horsemeat, & Money, of all the inhabitants of the Country, at the will and pleasure of the soldier, who as the phrase of Scripture is, Did eate vp the people as it were Bread; for that he had no other entertainment. This Extortion was originally Irish, for they vsed to lay Bonaght vppon their people, and neuer gaue their Soldier [Page 174] any other pay. But when the English The mischiefs that did arise by Coigne & Liuery. had Learned it, they vsed it with more insolency, and made it more intolle­rable; for this oppression was not temporary, or limited either to place or time; but because there was euery where a continuall warre, either Of­fensiue, or Defensiue; and euery Lord of a Countrey, and euery Marcher made warre and peace at his pleasure; it became Vniuersall and Perpetuall; and was indeede the most heauy op­pression, that euer was vsed in any Christian or Heathen Kingdom. And therefore, Vox Oppressorum, this crying sinne, did drawe downe as great, or greater plagues vppon Ireland, then the oppression of the Isralites, did draw vpon the Land of Egypt. For the pla­gues of Egypt, though they were grie­uous, were but of a short continu­ance. But the plagues of Ireland, lasted 400. yeares together. This extortion of Coigne and Liuery, did produce [Page 175] two notorious effects. First, it made the Land wast; Next, it made the peo­ple, ydle. For, when the Husbandman The cause of Idlenesse in the Irish. had laboured all the yeare, the soldier in one night, did consume the fruites of all his labour, Long [...] perit labor irri­tus anni. Had hee reason then to man­nure the Land for the next yeare? Or rather might he not complaine as the Shepherd in Virgil: ‘Impius haec tam culta noualia miles habebit? Barbarus has segetes? En quo discordia Ciues Perduxit miseros? En queis cōsevimus agros?’

AND heereupon of necessity came depopulation, banishment, & ex­tirpation of the better sort of subiects; and such as remained became ydle, and lookers on, expecting the euent of those miseries and euill times: So as this extreame Extortion and Op­pression, hath beene the true cause of the Idlenesse of this Irish Nation; and [Page 176] that rather the vulgar sort haue cho­sen Why the Irish are Beggers in forraigne. Countreyes. to be Beggers in forraigne Coun­tries, then to manure their own fruit­full Land at home.

Lastly, this oppression did of force Why the Irish are reputed a crafty people. and necessity make the Irish a craftie people: for such as are oppressed and liue in slauery, are euer put to their shifts; Ingenium mala saepe mouent; And therefore, in the olde Comedies of Plantus & Terence, the Bondslaue doth alwayes act the cunning and Crastie part. Besides, all the Common people haue a whyning tune or Accent in their speech, as if they did still smart or suffer some oppression. And this I­dlenesse, Why the Irish are inquisitiue after Newes. together with feare of imi­nent mischiefes, which did continual­ly hang ouer their heads, haue bin the cause, that the Irish wer euer the most inquisitiue people after newes, of any Nation in the world. As S. Paule him­selfe made obseruation vpon the peo­ple of Athens; that they were an ydle [Page 177] people, and did nothing but learne and tell Newes. And because these Newes-Carriers, did by their false in­telligence, many times raise troubles and rebellions in this Realm, the Sta­tute of Kilkenny, doth punish Newes­tellers (by the name of Skelaghes) with Fine and ransome.

This Extortion of Coigne and Li­uery, was taken for the maintenaunce of their men of warre; but their Irish exactions extorted by the Chieftanes and Tanists, by colour of their barba­rous Seigniory, were almost as grie­uous a burthen as the other; namely, Cosherings, which were visitations and Cosherings. progresses made by the Lord and his followers, among his Tenants: wher­in he did eate them (as the English Prouerbe is) Out of house and home. Ses­sings Sessings. of the Kerne, of his family, called Kernety, of his Horses & Hors-boyes; of his Dogges and Dog-boyes, and Cuttings. the like: And lastly, Cuttings, Tallages, [Page 178] or Spendings, high or low, at his plea­sure; all which, made the Lorde an absolute Tyrant, and the Tennant a verie slaue and villain; and in one re­spect more miserable then Bonde­slaues. For commonly the Bondslaue is fed by his Lord, but heere the Lord was fedde by his Bondslaue.

Lastly, there were two other Cu­stomes proper and peculiar to the I­rishry, which being the cause of ma­ny strong combinations and factions do tend to the vtter ruine of a Com­monwealth: The one, was Fosteriug; the other, Gossipred; both which haue euer bin of greater estimation among this people, then with any other Na­tion in the Christian world. For Foste­ring, I did neuer heare or read, that it was in that vse or reputation in anie other Countrey, Barbarous or Ciuill, as it hath beene, and yet is, in Ireland: where they put away al their children to Fosterers: the potent & rich men [Page 179] Selling; the meaner sort Buying, the al­terage of their Children; and the rea­son is, because in the opinion of this people, Fostering hath alwayes beene a stronger alliance then Bloud; and the Foster-Children doe loue and are be­loued of their foster-fathers and their Sept, more then of their owne natu­rall Parents and Kindred; and do par­ticipate of their meanes more franke­ly, and doe adhere vnto them in all fortunes, with more affection & con­stancy. And though Tully in his Book of Friendship doth obserue, that chil­drē of Princes being somtimes in ca­ses of necessity for sauing of their liues deliuered to Shepheards to be nouri­shed and bred vp, when they haue bin restored to their great fortunes, haue still retained their loue and affection to their Fosterers, whom for manie yeares they tooke to be their Parents: yet this was a rare case, and few exam­ples are to be found thereof.

But such a generall Custome in a Kingdome, in giuing and taking chil­dren to Foster, making such a firme Alliance as it doth in Ireland, was ne­uer seene or heard of, in any other Countrey of the world besides.

THE like may be said of Gossipred or Gossipred. or Compaternitie, which though by the Canon Law, it be a spirituall affinity, and a Iuror that was Gossip to either of the parties, might in former times haue bin challenged, as not indiffe­rent by our Law, yet there was no na­tion vnder the Sun, that euer made so Religious accompt thereof, as the Irish.

Now these two Customs, which of themselues are indifferent in other Kingdomes, became exceeding euill and full of mischiefe in this Realm, by reason of the inconueniences which followed thereupon. For, they made (as I saide before) strong parties and [Page 181] factions, wherby the great men were enabled to oppresse their Inferiours, and to oppose their Equals: and their followers were borne out and coun­tenanced in all their lewde and wick­ed actions: For Fosterers & Gossips by the common Custome of Ireland, were to maintaine one another in all causes lawful, and vnlawfull; which as it is a Combination and Confede­racy punishable in all well-gouerned Common-weales, so was it not one of the least causes of the common mi­sery of this Kingdome.

I omit their common repudiati­on of their Wiues; their promiscuous generation of Children; their neg­lect of lawfull Matrimony; their vn­cleannesse in Apparrell, Diet, & Lod­ging; and their contempt and scorne of all thinges necessary for the Ciuill life of man.

These were the Irish Customes, which the English Colonies did em­brace [Page 182] and vse, after they had reiected How the Eng­lish Colonies became dege­nerate. the Ciuill and Honorable Lawes and Customes of England, whereby they became degenerate and metamor­phosed like Nabuchadnezzar: who al­though he had the face of a man, had the heart of a Beast; or like those who had drunke of Circes Cuppe, and were turned into very Beasts; and yet tooke such pleasure in their beastly manner of life, as they would not returne to their shape of men againe: Insomuch as within lesse time then the Age of a man, they had no markes or diffe­rences left amongst them of that No­ble nation, from which they were dis­cended. For, as they did not only for­get the English Language, & scorne the vse thereof, but grew to bee asha­med of their very English Names, though they were Noble and of great Antiquity; and tooke Irish Sur­names and Nicke-names. Namely, the two most potent families of the Bourks [Page 183] in Conaght (after the house of the Red Earle failed of Heyres-males) called their Cheefes, Mac william Eighter, and Mac william Oughter. In the same Pro­uince, Bremingham, Baron of Athenrie, called himselfe Mac Yoris. Dexecester, or De'exon, was cald Mac Iordan. Man­gle or de Angulo, took the name of Mac Costelo. Of the Inferior families of the Bourkes, one was called Mac Hubbard, another Mac Dauid. In Munster, of the great Families of the Geraldines plan­ted there; One was called Mac Morice chiefe of the house of Lixnaw; and an­other, Mac Gibbon, who was also cal­led the white Knight. The chiefe of the Baron of Dunhoynes house, who is a branch of the house of Ormond, tooke the Surnames of Mac Pheris. Condon of the Countie of waterford, was called Mac Maioge: and the Arch-Deacon of the County of Kilkenny, Mac Odo. And this they did in contempt and hatred of the English Name and Nation; [Page 184] of these degenerate families became more mortal enemies, then the meere Irish. And whereas the state and Go­uernment beeing growne weake by their defection, did to reduce them to Obedience, grant them many pro­tections and Pardons (The cheapenesse whereof, in all ages, hath brought great dis­honor and damage to this Commonweal) they grew so vngratefull and vnnatural, as in the end they scorned that grace & fauour, because the acceptance there­of, did argue them to be subiects, and they desired rather to bee accounted Enemies, then Rebels to the Crowne of England.

Heereupon was that olde Verse Alb. libr. Scacc. Dublin. made, which I finde Written in the White Booke of the Exchequer, in a hand as auncient as the time of King Edward the third.

And therefore, in a close Roll in the Tower, bearing this Title; Articuli in Hibernia obseruandi: we finde these two Articles among others. 1. Iusticiarius Hiberniae non concedat perdonationes de morte ho­minis, nec de Roberijs, seu incendijs, & quod de 5. Ed. 3. m. 25. caetero certificet dominum regem de nominibus pe­tentium. 2. Item, Quod nec Iusticiarius nec aliquis Magnas Hiberniae concedat protectiones alicui contra pacem Regis existent. &c. But now it is fit to looke backe and con­sider when the old English Colonies became so degenerate; and in what Age they fell away into that Irish bar­barisme, reiecting the English lawes and Customes. Assuredly, by com­paring When & how the English Colonies be­came degene­rate. the ancient Annalles of lrelaud with the Records remaining heere, & in the Tower of London, I do find that this generall defection, fell out in the latter end of the raign of king Edward the second, and in the beginning of [Page 186] the raigne of King Edward the thirde. And all this great innovation, grewe within the space of thirty years: with­in the compasse of which time, there fell out diuers mischieuous accidents, whereby the whole kingdome was in a maner lost. For first, Edward de Bruce The Scots o­uerrun Iceland inuaded Ireland with the Scottish Ar­my, and preuailed so farre, as that he possessed the Maritime parts of vlster, marched vp to the walles of Dublin, spoiled the English Pale, passed tho­rough Leinster and Munster, as farre as Limericke, and was Maister of the field in euery part of the kingdom.

This hapned in the tenth yeare of King Edward the second, at what time the Crowne of England was weaker, & suffred more dishonor in both king­domes, then it did at any time since the Norman Conquest. Then did the State of England send ouer Iohn de Ho­tham Annales Hiber­nie in Camden. to be Treasurer heere, with com­mission to call the great Lords of Ire­land [Page 189] to gether; and to take of them an Oath of Assoacition, that they should loyally ioyne together in life & death to preserue the right of the King of England, and to expell the commone­nemy. But this Treasurer brought nei­ther men, nor money, to performe this seruice.

At that time, though Richard Bourk Earle of Vlster (commonly called the Redde-Earle) were of greater power then any other subiect in Ireland, yet was he so farre stricken in yeares, as that hee was vnable to mannage the martiall affaires, as he had done du­ring all the raigne of King Edward the first: hauing bin Generall of the Irish forces, not only in this kingdom, but in the Wars of Scotland, wales, and Gas­coigne. And therefore, Maurice Fitz­Thomas of Desmond, beeing then the most actiue Nobleman in this realm, Desmond cheefe Com­mander in the warre against the Scots. tooke vpon him the chiefe command in this Warre: for the support where­of, [Page 190] the Reuennue of this Lande, was farre too short, and yet no supply of Treasure was sent out of England.

Then was there no mean to main­tain When & how the extortion of Coign and Liuery-began among the English. the Army, but by Sessing the sol­diers vppon the Subiect, as the Irish were wont to impose their Bonaught. Whereupon, grewe that wicked Ex­tortion of Coigne and Liuerie spoken of before, which in short time banished the greatest part of the Free-holders out of the County of Kerrie, Limerick, Corke, and waterford; Into whose pos­sessions, Desmond and his Kinsmen, Alies, and Followers, which were then more Irish then English, did en­ter and appropriate these Lands vnto themselues, Desmond himselfe taking what scopes hee best liked for his de­mesnes in euery Countrey, and reser­uing an Irish Seigniory out of the rest. And heere, that I may verifie & main­taine by matter of Record, that which is before deliuered touching the Na­ture [Page 191] of this wicked Extortion, called Coigne and Liuery; and the manifolde mischiefes it did produce, I thinke it fit and pertinent to insert the pream­ble of the Statute of the 10. of Henry 7. c. 4. not printed, but recorded in Par­lament Rols of Dublin, in these words: At the request & supplication of the Commons of this Land of Ireland, that where of long time there hath bin vsed and exacted by the Lords and Gen­tlemen of this Land, many and diuers damnable cu­stomes & vsages, which bin called Coigne, and Li­uery, and Pay; that is, Horsemeat, and Mansmeat, for the finding of their Horsemen and Footmen; and ouer that, 4. d. or 6. d. daily to euery of them to be had and paide of the poore Earth-Tillers, and Tenants, inhabitants of the saide Land, without a­ny thing doing or paying therefore. Besides, manie Murders, Robberies, Rapes, & other manifold ex­tortions & oppressions by the saide Horsemen and Footmen, dayly and mightily committed & done; which bin the principall causes of the desolation & destruction of the said Land, & hath brought the same into Ruine and Decay, so as the most part of the English Free-holders and Tenants of this land bin departed out thereof, some into the Realme of England, and other some to other strange Landes; whereupon the foresaide Lordes and Gentlemen of [Page 192] this Land, haue intruded into the saide Free-hol­ders and Tenants inheritances; and the same kee­peth and occupieth as their owne inheritances; and setten under them in the same Land the Kings I­rish Enemies, to the diminishing of Holie Chur­ches Rites, the disherison of the King, & his obedi­ent subiects, and the vtter ruine and desolation of the Land. For reformation whereof, be it enacted, That the King shall receiue a Subsidie of 26. s. 8. d. out of euerie 120. acres of arrable land manured, &c. But to return to Tho: Fitz-Maurice of Desmond; By this extortion of Coigne and Liuery, he suddenly grewe from a meane, to a mighty estate; insomuch as the Baron Finglas in his discourse of the Decay of Ireland, affirmeth; that his ancient inheritance beeing not one thousand markes yearely, he became able to dispend euery way, ten thou­sand pounds, per annum.

These possessions being thus vn­lawfully gotten, could not bee main­tained by the iust and honorable law of England, which would haue resto­red the true Owners to their Land a­gaine. And therefore, this Greatman [Page 193] found no meanes to continue & vp­hold his ill-purchased greatnesse, but by reiecting the English Law & Go­uernment, and assuming in lieu ther­of, the barbarous customs of the Irish. And heereupon, followed the defec­tion of those foure shires, containing the greatest part of Munster, from the obedience of the Law.

In like manner (saith Baron Fin­glas) the Lord of Tipperary) perceiuing how well the house of Desmond hadde thriued by Coigne and Liuerie, and O­ther Irish exactions) began to holde the like course in the Counties of Tip­perary and Kilkenny; whereby he got great scopes of Land, specially in Or­mond; and raised many Irish exactions vpon the English Free-holders there; which made him so potent & absolut among thē, as at that time they knew no other Lawe, then the will of their Lord. Besides, finding, that the Earle of Desmond excluded the ordinary Mi­nisters [Page 194] of Iustice, vnder colour of a Royall Liberty, which he claimed in the Counties of Kerry, Corke, and wa­terford, by a graunt of King Edward the first (as appeareth in a Quo warranto, brought against him, Anno 1. Edw. 1.) the Record wherof, remaineth in Bre­minghams Tower, among the common Plea-Rolles there.

This Lord also, in the third of Ed­ward the thirde, obtained a Graunt of the like Liberty in the County of Tip­perary; whereby he got the Lawe into his owne hands, & shut out the Com­mon Law and Iustice of the Realme.

And thus we see, that all Munster fell away from the English Lawe and Gouernment, in the end of King Ed­ward 2. his raigne; and in the begin­ning of the raigne of King Edward the third. Againe, about the same time, (viz:) in the 20. yeare of King Edward the second, when the State of England was well-ny ruined by the Rebellion [Page 195] of the Barons, and the Gouernment of Ireland vtterly neglected, there a­rose The rising of Mac Murrogh, and O Moore in Leinster. in Leinster, one of the Cauanaghes, named Donald Mac Art, who named Annales Hiber­niae in Camden. himselfe Mac Murrogh, King of Leinster, and possessed himselfe of the Countie of Catherlogh, and of the greatest part of the County of wexford. And short­ly after, Lisagh O Moore, called himselfe Annales Iohan. Clynne. Manus. O Moore, tooke 8. Castles in one Eue­ning, destroyed Dunamase the princi­pall The defect and losse of a great part of Leinster. house of the L. Mortimer in Leix, recouered that whole Countrey, De seruo Dominus, de subiecto princeps effectus, saith Friar Clynne in his Annalles.

Besides, the Earle of Kildare, imi­tating his Cosin of Desmond, did not o­mit to make the like vse of Coigne & Liuery in Kildare, and the West part of Meth, which brought the like Bar­barisme into those parts. And thus a great part of Leinster was lost, and fell away from the Obedience of the Crowne, neere about the time before expressed.

Againe, in the seauenth yeare of King Edward the third, the Lord VVil­liam Bourke, Earle of Vlster, and Lorde The Earle of Vlster murde­red. of Conaght, was treacherously murde­red by his owne Squires at Knockefer­gus, leauing behinde him, Vnicam & v­nius Annales Iohan. Clynne. Manus. annifiliam (saith Friar Clynne.) Im­mediately vpon the murder commit­ted, the Countesse with her yong dau­ghter, fledde into England; so as the Gouernment of that Countrey, was wholly neglected, vntil, that young Ladie beeing married to Lionell Duke of Clarence, that Prince cam ouer with an Army, to recouer his wiues inheri­tance, and to reforme this Kingdom, Anno 36. of Edward the third. But in the meane time, what became of that great inheritance both in Vlster, & Co­naght? Assuredly, in Vlster, the Sept of The Earldom of Vlster re­couered by the Irish. Hugh Boy O Neal, then possessing Glau­coukeyn and Killeightra in Tyrone, tooke the opportunity; and passing ouer the Banne, did first expell the English out [Page 197] of the Barony of Tuscard, which is Abridgement of Salus populi. Manuscript. nowe called the Rout; and likewise, out of the Glynnes and other Lands vp Baron Finglas, Manuscript. as farre as Knockfergus, which Coun­trey or extent of Lande, is at this day called, the lower Clan Hugh-Boy. And shortly after that, they came vp into the great Ardes, which the Latine wri­ters call, Altitudines Vltoniae, and was then the inheritaunce of the Sauages; by whom, they were valiantly resist­ed for diuers yeares: but at last, for want of Castles and fortifications (for the saying of Henrie Sauage mentioned in euery Story, is very memorable; That a Castle of Bones, was better then a Castle of Stones) the English were o­uer-run by the multitude of the Irish­ry: So as about the thirtith of K. Edw. Annales Hiber­mae in Camden. 3. some few yeares before the arriuall of the Duke of Clarence, the Sauages were vtterly driuen out of the Great Ardes, into a little nooke of land neer the Riuer of Strangford; where they [Page 198] now possesse a little Territory, called the little Ards; and their greater patri­mony tooke the name of the vpper Clan Hugh-Boy, from the Sept of Hugh-Boy O Neale, who became Inuaders thereof.

FOr Conaght, some yonger branches The defectiō of Conaght. of the Family of the Bourkes, being planted there by the Red-Earle & his Ancestors, seeing their Chiefe to bee cut off, and dead without Heire-male, and no man left to gouern or protect that Prouince, intruded presently in­to all the Earles Lands, which ought to haue bin seized into the kings han­des, by reason of the minoritie of the heire. And within a short space, two of the most potent among them, diui­ded that great Seigniory betwixt thē: the one taking the name of Mac willi­am Baron Finglas, Manuscript. Oughter; and the other of Mac willi­am Fighter; as if the Lord william Bourk the last Earle of Vlster, had lefte two [Page 199] sonnes of one name behinde him to inherit that Lordship in course of Ga­uelkinde. But they well knewe, that they were but Intruders vppon the Kings possession during the minori­ty of the heire; they knew those lands were the rightfull inheritance of that young Lady; and consequently, that the Law of England woulde speedily euict them out of their possession; & therefore, they held it the best policy to cast off the yoake of English Law, and to become meere Irish: and ac­cording to their example, drew al the rest of the English in that Prouince, to do the like; so as from thenceforth they suffered their possessions to run in course of Tanistry and Gauel-kinde. They changed their names, language, and apparrell, and all their ciuil man­ners and Customes of liuing. Lastly, about the 25. yeare of King Edward the third, Sir Richard de Clarè was slaine in Annales Hiber­niae in Camden. Thomond, and al the English Colonies [Page 200] there, vtterly supplanted.

Thus in that space of time, which was betweene the tenth yeare of king Edward the second, and the 30. yeare of King Edward the third (I speak with­in compasse) by the concurrence of the mischieses before recited, all the old English Colonies in Munster, Co­naght, and Vlster; & more then a third part of Leinster, became degenerat, & fell away from the Crowne of Eng­land; so as onely the foure Shyres of the English Pale, remained vnder the Obedience of the Lawe; and yet the Borders and Marches thereof, were growne vnruly, and out of order too, being subiect to Blacke-Rents and Tri­bute of the Irish; which was a greater defection, then when tenne of twelue Tribes departed, and fell away from What courses haue bin takē to reforme this kingdom, since the Eng­lish Colonies became de­generate. the Kings of Iuda.

But was not the State of England sensible of this losse and dishonour? Did they not endeuor to recouer the [Page 201] Land that was lost, and to reduce the subiects to their Obedience?

Truely King Edward the second, Edward 2 by the incursions of the Scottish Na­tion, and by the insurrection of his Barons, who raised his wife and his Sonne against him, and in the end deposed him, was diuerted and vtter­ly disabled to reforme the disorders K. Edward the third, did first endeuor a re­formation. of Ireland. But assoone as the crown of England was transferred to K. Edw. 3. though hee were yet in his minori­ty, the State there beganne to looke into the desperate estate of thinges heere. And finding such a general de­fection, Letters were sent from the Archiu. Turr. 2. E. 3. claus. pers. 1. m. 16. King, to the great men and Prelates, requiring them particularly to swear fealty to the Crowne of England.

Shortly after, Sir Anthony Lucie, a Sir Anthony Lucie. person of great authority in England in those daies, was sent ouer to work a reformation in this Kingdome, by a seuere course; and to that ende, the [Page 202] King wrote expresly to the Earle of Vlster, and others of the Nobilitie to assist him, as is before remembered; presently vpon his arriual, he arrested Maurice Fitz-Thomas Earle of Desmond; and Sir william Bremingham, and com­mitted them prisoners to the Castle of Dublin: where Sir william Breming­ham Annales Hiber­niae in Camden. was executed for treason, though the Earle of Desmond were left to Ma­inprize, vpon condition, hee should appeare before the King by a certain day, and in the meane time to conti­nue loyall.

AFter this, the King being aduer­tised, that the ouer-large Graunts of Lands and Liberties, made to the Lords of English Bloude in Ireland, made them so insolent, as they scor­ned to obey the Law, and the Magi­strate, did absolutely resume all such Crants, as is before declared. But the Resumption of Liberties. Earle of Desmond aboue al men, found [Page 203] himselfe grieued with this resumpti­on, or Repeale of Liberties; and de­clared his dislike & discontentment: insomuch, as he did not only refuse to come to a Parliament at Dublin, sum­moned by Sir william Morris, Deputie to the L. Iohn Darcy the kings Lieute­nant: But (as we haue said before) he raised such dissention betweene the English of bloud, and the English of birth, as the like was neuer seen, from the time of the first planting of our Nation in Ireland. And in this factious and seditious humour, hee drewe the Annales Hiber­niae in Camden. Earle of Kildare, and the rest of the no­bility, with the Cittizens and Burges­ses of the principall Townes, to hold a seuerall Parliament by themselues, at Kilkenny; where they framed cer­taine Articles against the Deputy, & transmitted the same into England to the King.

Heereupon, Sir Raphe Vfford, who Sir Raph Vf­ford. had lately before married the Coun­tesse Annales Iohan. Clynne. Manus. [Page 204] of Vlster; a man of courage and seuerity, was made Lord Iustice: who forth with calling a Parliament, sent a speciall commandement to the Earle of Desmond, to appeare in that great Councel; but the Earle wilfully refu­sed to come. Whereupon, the Lord Iustice raised the Kings Standard, and Annales Hiber­niae in Camden. marching with an Army into Mun­ster, seized into the Kings handes, all the possessions of the Earle, took and executed his principall followers, Sir Eustace le Poer, Sir william Graunt, & Sir Iohn Cotterell; enforced the Earle him­selfe to flye and lurke, till 26. Noble­men and Knights, became Mainper­nors for his appearance at a certaine day prefixed: But he making default the second time, the vttermost aduan­tage was taken against his sureties. Be­sides, at the same time, this Lord Iu­stice caused the Earle of Kildare to bee arrested and committed to the Castle of Dublin, indited & imprisoned ma­nie [Page 205] other disobedient subiects, called in, and cancelled such Charters as wer lately before resumed; and procee­ded euery way so roundly and seuere­ly, as the Nobility which were wont to suffer no controulment, did much distast him; and the Commons who in this Land haue euer bin more de­uoted to their immediate Lords heer whom they saw euery day, then vnto their Soueraigne Lord & King, whom they neuer sawe; spake ill of this Go­uernor, as of a rigorous & cruel man, though in troth hee were a singular good Iusticer; and, if he had not dy­ed in the second yeare of his gouern­ment, was the likeliest person of that Age, to haue reformed and reduced the degenerate English Colonies, to their natural obedience of the crown of England.

THus much then wee may obserue by the way, that Maurice Fitz-Tho­mas, [Page 206] the first Earle of Desmond, was the Maurice Fitz­Thomas the first Earle of Desmond, the author of the great oppres­sions and dis­sentions whi­ch distroyed the English Colonies. first English Lord that imposed Coign and Liuery vpon the Kings subiectes; and the first that raised his estate to immoderate greatnesse, by that wic­ked Extortion and Oppression; that he was the first that reiected the Eng­lish Lawes and Gouernement, and drew others by his example to do the like; that he was the first Peere of Ire­land that refused to come to the Parla­ment summoned by the Kinges Au­thority; that he was the first that made a diuision and distinction betweene the English of bloud, and the English of birth.

AND as this Earle was the onelie The fortune of the house of Desmond. Authour, and first Actour, of these mischiefes, which gaue the greatest impediment to the full Con­quest of Ireland; So it is to bee noted, that albeit others of his ranke after­wardes offended in the same kinde; [Page 207] whereby their Houses were many times in danger of ruin, yet was there not euer any Noble house of English race in Ireland, vtterly destroyed and finally rooted out by the hand of Iu­stice, but the house of Desmond onely; nor any Peere of this Realme euer put to death (though diuers haue bin at­tainted) but Tho: Fitz-Iames the Earle of Desmond only, and onely for those wicked Customes brought in by the first Earle, and practised by his poste­rity, though by seuerall Lawes they were made High-Treason. And ther­fore, though in the 7. of Edward the 4. during the Gouernment of the Lord Tiptoft, Earle of worcester, both the Earles of Desmond and Kildare were at­tainted by Parlament at Drogheda, for alliance and fostering with the Irish; and for taking Coign and Liuery of the Kings subiects, yet was Desmond only put to death; for the Earle of Kildare receiued his pardon. And albeit the [Page 208] sonne of this Earl of Desmond, who lost his head at Drogheda, were restored to the Earldom; yet could not the kings grace regenerate obedience in that degenerate house, but it grew rather The Counsel­Booke of Ire­land. 32. H. 8. more wilde and barbarous, then be­fore. For from thencefoorth they re­claimed a strange priuiledge: That the Earles of Desmond should neuer come to any Parliament or Graund-Counsell, or vvithin any walled towne, but at their will and plea­sure. Which pretended Priuiledge, Iames Earle of Desmond, the Father of Girald the last Earle, renounced and surrendred by his Deed, in the Chan­cery of Ireland, in the 32. of Henry the eight. At what time, among the meer Irishry, hee submitted himselfe to Sir Anthony Saint-Leger, then Lord Depu­ty; tooke an Oath of Allegiance; Co­uenanted that he would suffer the law of England to bee executed in his Countrey; and assist the Kinges Iud­ges in their Circuits: and if any Subsi­dies [Page 209] should be granted by Parlament, he would permit the same to be leui­ed vppon his Tenants and followers. Which Couenants, are as straunge as the priuiledge it selfe, spoken of be­fore. But that which I conceiue most worthy of Obseruation, vpon the for­tunes of the house of Desmond, is this; that as Maurice Fitz-Thomas, the first Earl, did first raise the greatnes of that house, by Irish exactions and oppres­sions; so Girald the last Earle, did at last ruine and reduce it to nothing, by v­sing the like extortions. For certain it is, that the first occasion of his rebel­lion, grew from hence; that when he attempted to charge the Decies in the County of waterford, with Coigne and Liuerie, Blacke Rents and Cosheries, after the Irish maner, hee was resisted by the Earle of Ormond, and vppon an encounter, ouerthrowne and taken prisoner; which made his heart so vn­quiet, as it easily conceiued treason a­gainst [Page 210] the Crowne, and broght forth actuall and open Rebellion, wherein he perished himselfe, and made a final extinguishment of his house and ho­nour. Oppression and extortion did maintain the greatnesse: and oppres­sion and extortion, did extinguish the greatnesse of that house. Which may well be exprest, by the old Embleme of a Torch turned downewards, with this word; Quod me alit, extinguit.

NOw let vs returne to the course of reformation, helde and pursued heere, after the death of Sir Raphe Vf­ford, which hapned in the twentieth yeare of K. Edward 3. After which time, albeit all the power and Counsell of England was conuerted towards the Conquest of Fraunce, yet was not the worke of reformation altogether dis­continued. For, in the 25. yeare of K. Edward the third, Sir Thomas Rookeby, another worthy Gouernor (whome I [Page 211] haue once before named) held a Par­lament at Kilkenny, wherein many ex­cellent Lawes were propounded and enacted for the reducing of the Eng­lish Colonies to their Obedience; which Lawes we find enrolled in the Remembrauncers Office heere; and differ not much in substaunce, from those other statutes of Kilkenny, which not long after (during the Gouerne­ment of Lionell Duke of Clarence) were The course of Reformation pursued by Lionel Duke of Clarence. not only enacted, but put in executi­on. This Noble Prince hauing marri­ed the Daughter and Heire of Vlster; and beeing likewise a Coparcener of the County of Kilkenny, in the 36. year of King Edward the thirde, came ouer the Kings Lieutenant, attended with a good retinue of martiall men, as is before remembred, and a Graue and Honorable Counsell, aswel for peace, as for warre. But because this Armie was not of a Competent strength to breake and subdue all the Irishry, al­though [Page 212] he quieted the borders of the English Pale, and helde all Ireland in awe with his name and presence. The principall seruice that hee intended, was to reforme the degenerate Eng­lish Colonies, and to reduce them to obedience of the English Lawe, and Magistrate. To that end, in the for­tith yeare of King Edward the third, he held that famous Parlament at Kilken­ny; wherein many notable lawes wer enacted, which doo shew and lay o­pen (For the Law doth best discouer enormi­ties) how much the English Colonies were corrupted at that time, and doe infallibly prooue that which is laide down before; That they were wholy degenerate, and faln away from their obedience. For first, it appeareth by the Preamble of these Lawes, that the English of this Realme, before the comming ouer of Lionel Duke of Cla­rence, were at that time becom meere Irish in their Language, Names, Ap­parrell, [Page 213] and all their maner of liuing, and had reiected the English Lawes, and submitted themselus to the Irish, with whom they had many Mariages Archiu. in Ca­stro Dublin. Statutes of Kilkenny. and Alliances, which tended to the vtter ruine & destruction of the com­monwealth. Therefore alliaunce by C. 2. Marriage, Nurture of Infants, and Gos­sipred with the Irish, are by this Statute made High-treason. Againe, if anie C. 3. man of English race, should vse an Irish Name, Irish Language, or Irish Apparrell, or any other guise or fashi­on of the Irish; if he had Lands or Te­nements, the same should be seized, til he had giuen security to the Chan­cery, to conform himself in al points to the English maner of liuing. And if he had no Lands, his bodie was to be taken and imprisoned, til he found Sureties, as aforesaide.

Againe, it was established and com­manded, C. 4. that the English in all their Controuersies, should bee ruled and [Page 214] gouerned by the common Lawe of England: and if any did submit him­selfe to the Brehon Law, or March law, he should be adiudged a Traitor.

Againe, because the English at that C. 10. time, made warre and peace with the bordering enemy at their pleasure; they were expresly prohibited to lea­uie warre vpon the Irish, without spe­ciall warrant and direction from the State.

Againe, it was made paenall to C. 12. the English, to permit the Irish to Creaght or graze vpon their Landes: to present them to Ecclesiasticall Be­nefices; C. 13. to receiue them into any C. 15. Monasteries, or Religious Houses, or to entertaine any of their Minstrels, Rimers, or Newes-tellers: to impose C. 17. or sesse any Horse or Footvppon the English Subiects against their willes, was made felony. And because the C. 22. great Liberties or Franchises spoken of before, were become Sanctuaries [Page 215] for all Malefactours, expresse power was giuen to the Kinges Sheriffes, to enter into all franchises, and there to apprehend all Fellons and Traitours. And lastly, because the great Lordes, C. 24. when they leuied forces for the pub­lick seruice, did lay vnequall burdens vpon the Gentlemen and Free-hol­ders, it was ordained, that foure War­dens of the peace in euery Countie, should set downe and appoint what men and Armour euery man should beare, according to his Free-hold, or other ability of estate.

THese, and other Lawes, tending The Statutes of Kilkenny, did much re­forme the de­generat Eng­lish. to a generall reformation, were enacted in that Parliament. And the Execution of these Lawes, together with the Presence of the Kings Son, made a notable alteration in the State and Manners of this people, within the space of seauen yeares, which was the tearme of this Princes Lieutenancy.

For, all the Discourses that I haue seene of the Decay of Ireland, doe a­gree in this; that the presence of the Lord Lionel, and these Statutes of Kil­kenny, did restore the English gouern ment, in the degenerate Colonies, for diuers yeares. And the Statute of the Sta. 10. H. 7. c. 8 tenth of Henry the seuenth, which re­uiueth and confirmeth the Statutes of Kilkenny, doth confirme as much. For it declareth, that as long as these Lawes were put in vve and execution, this Lande continued in prosperity and honor: and since they were not executed, the Subiectes rebel­led and digressed from their allegeance, and the Land fell to ruine and desolation. And withall, wee finde the effect of these Lawes in the Pipe-Rolles, and Plea­Rolles of this Kingdome: For, from the 36. of Edward 3. when this Prince entred into his Gouernment, till the beginning of Richard the second his Raigne, we find the Reuennue of the Crowne both certaine and casuall in [Page 217] Vlster, Munster, and Conaght, accounted for; and that the Kings Writ did run, and the Common-Law was executed in euery of these Prouinces. I ioyne The presence of the Kinges son, did much aduance the reformation. with these Lawes, the personall pre­sence of the Kinges Son, as a concur­rent cause of this Reformation: Be­cause the people of this Land both English & Irish, out of a naturall pride, did euer loue & desire to be gouerned by great persons. And Absence of our Kings and great English Lords, a chief cause why the Kingdom was not reduced. therefore, I may heere iustly take oc­casion to note, that first the absence of the Kings of England; and nexte, the absence of those great Lords, who were inheritors of those mighty Seig­niories of Leinster, Vlster, Conaght, and Meth, haue bin maine causes why this kingdome was not reduced in so ma­ny ages.

TOuching the absence of our Kin­ges, Absence of our Kings. three of them onely since the Norman Conquest, haue made royall iournies into this Land; namely, K. [Page 218] Henrie the second, King Iobn, and king Richard the second. And yet they no sooner arriued heere, but that all the Irishry, (as if they had bin but one man) submitted them-selues; tooke Oaths of fidelity, and gaue pledges & hostages to continue loyall. And, if any of those Kings hadde continued heere in person a competent time, till they had setled both English & Irish in their seuerall possessions, and had set the Law in a due course through­out the Kingdom; these times where­in we liue, had not gained the honor of the finall Conquest and reducing of Ireland. For the King (saith Salomon) dissipat omne malum intuitu suo. But when Moses was absent in the Mount, the people committed Idolatry: & when there was no king in Israel, euery man did what seemed best in his own eies.

And therfore, when Alexander had conquered the East part of the world, and demaunded of one what was the [Page 219] fitest place for the seat of his Empire, he brought and laid a dry hide before him, and desired him to set his foote on the one side thereof; which being done, all the other parts of the Hide did rise vp: but when he did set his foot in the middle of the Hide, all the other parts lay flat and euen: Which was a liuely demonstration, that if a Prince keep his residence in the Bor­der of his Dominions, the remoate parts will eafily rise and rebell against him: but if he make the Center ther­of, his seat, he shall easily keepe them in peace and obedience.

TOuching the absence of the great The absence of the great English Lords. Lords: All Writers doe impute the decay and losse of Leinster, to the ab­sence of these English Lords, who ma­ried the fiue Daughters of william Mar­shall Earle of Pembroke (to whom that great Seigniory discended) when his Baron Finglas, Manuscript. fiue sonnes, who inherited the same [Page 220] successiuely; and during their times, held the same in peace & obedience to the Law of England, were all dead without Issue: which hapned about the fortith yeare of King Henrie the third: for the eldest beeing married to Hugh Bigot Earle of Norfolke, who in right of his wife, had the Marshalship of England; The second, to VVarren de Mountchensey, whose sole daughter and heire, was matcht to william de Valentia halfe Brother to K. Henrie 3. who by that match, was made Earle of Pem­broke; The third, to Gilbert de Clare, earl of Glocester; The fourth, to william Fer­rers, Earle of Darby; The fift, to william de Bruce, Lord of Brecknocke: These great Lordes, hauing greater inheri­tances in their owne right in England, then they hadde in Ireland in right of their Wiues (and yet each of the Co­parceners, had an entire Countie al­lotted for her purparty, as is before declared) could not bee drawne to [Page 221] make their personal residence in this Kingdom; but managed their estates heere, by their Seneschals and Seruants. And to defend their teritories against the bordering Irish, they entertained some of the Natiues, who pretended a perpetuall Title to those great lord­ships. For the Irish after a thousande Conquests & Attainders by our law, would in those daies pretend title stil, because by the Irish Lawe no man could forfeit his Land. These natiues taking the opportunity in weake and desperate times, vsurped those Seig­niories; and so Donald Mac Art Caua­nagh, Baron Finglas, Manuscript. being entertained by the Earl of Norfolke, made himselfe Lorde of the County of Catherlogh; And Lisagh O Moore, being trusted by the L. Morti­mer, who married the Daughter and Heire of the Lord Bruce, made him­selfe Lord of the Lands in Leix, in the latter end of king Edward the seconds raigne, as is before declared.

Againe, the decay and losse of Vlster & Conaght, is attributed to this; that the Lorde William Bourke, the last Earle of that name, died without issue Male; whose Ancestors, namely, the Red-Earle, and Sir Hugh de Lacy, before him, being personally resident, helde vp their greatnesse there; & kept the English in peace, and the Irish in aw: But when those Prouinces discended vppon an Heire Female, and an Infant, the Irish ouer-ran Vlster, and the yon­ger branches of the Bourkes, vsurped Conaght. And therfore, the Ordinance Archiu. Turr. Rot. parliā. n. 42 made in England, the 3. of Richard 2. a­gainst such as were absent from their Lands in Ireland; and gaue two third parts of the profites thereof vnto the King, vntill they returned, or placed a sufficient number of men to defend the same, was grounded vppon good reason of state: which Ordinaunce was put in execution for many yeares after, as appeareth by sundry seizures [Page 223] made thereupon, in the time of King Richard 2. Henry 4. Henry 5. and Henry 6. whereof there remaine Recordes in Archiu. in offic. Remem. Dublin the Remembrancers Office heere. A­mong the rest, the Duke of Norffolke himselfe was not spared, but was im­pleaded vpon this Ordinance, for two parts of the profits of Dorburies Iland, and other Landes in the Countie of wexford, in the time of K. Heury 6. And afterwards, vpon the same reason of State, all the Landes of the house of Norfolke, of the Earle of Shrewesburie, the Lord Barkley, and others (who ha­uing Lands in Ireland, kept their cō ­tinuall residence in England) were entirely resumed by the Act of Ab­sentees, made in the 28. yeare of king Act of Absen­tees, 28. H. 8. Henry the eight.

But now againe, let vs look back and see, howe long the effect of that reformation did continue, which was begun by Lionel Duke of Clarence, in the fortith yeare of K. Edw 3. and what [Page 224] courses haue bin held, to reduce and reforme this people by other Lieute­nants and Gouernors since that time

The English Colonies beeing in some good measure reformed by the Statutes of Kilkenny, did not vtterly fal away into Barbarisme againe, till the warres of the two Houses had almost destroyed both these Kingdoms; for in that miserable time, the Irish found opportunity, without opposition, to banish the English Law and gouern­ment, out of all the Prouinces, and to confine it onely to the English Pale: Howbeit, in the mean time, between the Gouernment of the Duke of Cla­rence, and the beginning of those ci­uill Warres of Yorke and Lancaster, we finde that the State of England did sun­dry times resolue to proceede in this worke of reformation.

For first, King Richard 2. sent ouer The reforma­tion intended by K. Richard 2 Sir Nicholas Dagworth, to suruey the possessions of the Crowne; & to call [Page 225] to accompt the Officers of the reuen­nue; Archiu. Turr. 3 Rich. 2. cl. m 3. Next (to draw his English Sub­iects to manure & defend their lands in Ireland) he made that Ordinance a­gainst 3. Rich. 12. Rot. Parliam. 11. 42 Absentees, spoken of before. Again, he shewed an excellent exam­ple of Iustice, vppon Sir Phillip Court­ney, 9. Rich. 2. claus. m. 1. being his lieutenant of that king­dome, when he caused him to bee ar­rested by special Commissioners, vp­on complaint made of sundry gree­uous oppressions and wrongs, which during his Gouernment, he had done vnto that people.

After this, the Parliament of Eng­land did resolue, that Thomas Duke of Walsingham in Rich. 2. 349. a. Glocester the Kings Vnkle, should bee employed in the reformation and re­ducing of that Kingdome: the Fame wherof, was no sooner bruted in Ire­land, but all the Irishry were readie to submit them-selues before his com­ming: so much the very Name of a great personage, specially of a Prince [Page 226] of the blood, did euer preuayle with this people. But the King and his Mi­nions, who were euer iealous of this Duke of Glocester, wold not suffer him to haue the honor of that seruice. But the King himselfe thought it a worke worthy of his own presence & pains: and thereuppon, Himselfe in person, made those two royall iournies men­tioned before: At what time, he recei­ued the submissions of all the Irish Lordes and Captaines, who bounde themselues both by Indenture & oath to become and continue his Loyall Subiects. And withall, laid a perticu­lar proiect, for a ciuill plantation of the Mountains and Maritime Coun­ties, betweene Dublin and wexford; by remoouing all the Irish Septes from thence, as apeareth by the couenants betweene the Earle Marshall of Eng­land, and those Irish Septs: which are before remembred, and are yet pre­serued, and remaine of Record in the [Page 227] Kings Remembrancers Office at west­minster. Lastly, this King being pre­sent in Ireland, tooke speciall care to supply and furnish the Courtes of Iu­stice with able and sufficient Iudges; And to that end, hee made that Graue and Learned Iudge, Sir william Hanke­ford, Chiefe Iustice of the kings bench heere (who afterwards for his seruice in this Realme, was made Chiefe Iu­stice Plac. coram Re­ge in Hibernia. Hillar. 18 Ric. 2 of the Kings Bench in England, by K. Henry 4.) and did withall, asso­ciate vnto him, william Sturmy, a well Learned man in the Law; who like­wise came out of England with the K. that the legal proceedings (which wer out of order too, as all other things in that Realme were) might be amen­ded, and made formall, according to the course and Presidents of England. But all the good purposes & proiects of this King, were interrupted and vt­terly defeated, by his sodaine depar­ture out of Ireland, and vnhappy de­position [Page 228] from the Crowne of Eng­land.

HOwbeit, King Henrie the fourth, The reforma­tion intended by Hen. 4. intending likewise to prosecute this Noble worke in the third yeare of his raigne, made the Lord Thomas of Lancaster, his second sonne, Lieute­nant of Ireland: Who came ouer in person, and accepted againe the sub­missions of diuers Irish Lords & Cap­taines, as is before remembred; and held also a Parliament, wherein hee gaue newe life to the Statutes of Kil­kenny, and made other good Lawes tending to the Reformation of the Kingdome. But the troubles raysed against the King his Father in Eng­land, drew him home again so soon, as that seed of reformation, tooke no roote at all; neither had his seruice in that kinde, any good effect or suc­cesse.

After this, the State of England [Page 229] had no leisure to thinke of a generall reformation in this Realme, till the ciuill dissentions of England were a­peased, and the peace of that kingdom setled, by K. Henry 7.

For, albeit in the time of King Henry 6. Richard duke of York, a Prince of the blood; of great wisedome and valour, and heir to a third part of the Kingdome at least, being Earle of Vl­ster, and Lord of Conaght and Meth, was sent the Kinges Lieutenant into Ire­land, to recouer and reforme that Realme where he was resident in per­son for the greatest part of 10. yeares, yet the troth is, he aymed at another marke, which was the Crown of Eng­land. And therefore, he thought it no pollicy to distast either the English or Irish, by a course of reformation, but sought by all meanes to please them, and by popular courses to steale away their hearts, to the end, hee might strengthen his party, when he should [Page 230] set on foot his Title (as is before de­clared.) Which policy of his tooke such effect, as that he drew ouer with him into England, the Flower of all the English Colonies, specially of Vl­ster and Meth, whereof many Noble­men and Gentlemen were slain with him at wakefield (as is likewise before remembred.) And after his Death, when the warres between the Houses were in their heat, almost al the good English bloud which was left in Ire­land, was spent in those ciuill dissen­tions: so as the Irish became victori­ous ouer all, without Bloud, or Sweat. On­ly, that little Canton of Lande, called the English Pale, containing 4. small Shires, did maintain a bordering war with the Irish, and retaine the forme of English Gouernment.

But out of that little Precinct, there were no Lordes, Knights, or Burges­ses, summoned to the Parliament; nei­ther did the Kings Writt run in anie [Page 231] other part of the kingdome: and yet vpon the Marches & Borders, which at that time were growne so large, as they tooke vp halfe Dublin, half Meth, and a third part of Kildare and Lowth; there was no law in vse, but the March­Lawe, which in the Statutes of Kilken­ny, is said to be no Law, but a leud Cu­stome.

So, as vpon the end of these ciuill warres in England, the English Law & Gouernment was well banisht out of Ireland, so as no foot-steppe or print was left, of any former Reformation.

THen did King Henry 7. send ouer The course of Reformation held by Sir Edward Poy­nings, in the time of k. H. 7. Sir Edward Poynings to be his Depu­puty, a right worthy seruitor both in war and peace. The principall end of his employment, was to expel Perkin warbecke out of this kingdome; but that seruice beeing perfourmed, that worthy Deputy finding nothing but a common misery, tooke the best [Page 232] course he possibly could, to establish a Common-wealth in Ireland: and to that end, he held a Parliament no lesse famous, then that of Kilkenny; and more auaileable for the reformation of the whole Kingdome. For whereas all wise men did euer concur in opi­nion, that the readiest way to reform Ireland, is to settle a forme of Ciuill Gouernment there, conformable to that of England: To bring this to passe, Sir Edward Poynings did passe an Acte, whereby all the Statutes made in Eng­land before that time, were enacted, established, and made of force in Ire­land. Neither did he only respect the time past, but prouided also for the time to come. For, he caused another Law to be made, that no Act should be propounded in any Parliament of Ireland, but such as should bee first transmitted into England, and appro­ued by the King and Counsell there, Poynings Act as good and expedient for that Land, [Page 233] and so returned backe againe, vnder the Great Seale of England. This Act, though it seeme Prima facie to restrain the liberty of the subiects of Ireland; yet was it made at the Prayer of the Commons, vpon iust and important cause.

For the Gouernors of that realm, specially such as were of that Contry Birth, had layd many oppressions vp­on the Commons: and amongst the rest, they had imposed Lawes vppon them, not tending to the generall good, but to serue priuate turnes, and to strengthen their particular facti­ons. This moued them to referre all Lawes, that were to be passed in Ire­land, to be considered, corrected, and allowed, first by the State of England, which had alwaies bin tender & care­full of the good of this people, and had long since made them a Ciuill, Rich, and Happy Nation, if their own Lords and Gouernors there, had not [Page 234] sent bad intelligence into Eng­land. Besides this, he took special or­der, that the summons of Parliament should go into all the shires of Ireland, and not to the foure shires only; and for that cause specially, hee caused all the Acts of a Parliament, lately before holden by the Viscount of Gormanston to be repealed and made voide. More­ouer, that the Parliamentes of Ireland, might want no desent or honorable forme that was vsed in England, he cau­sed a particular Act to passe, that the Lords of Ireland should appeare in the like Parliament Robes, as the English Lords are wont to weare in the Parli­aments of England. Hauing thus establi­shed all the statutes of England in Ire­land, and set in order the great Coun­sell of that Realme, he did not omit to passe other Lawes, aswell for the en­crease of the Kings Reuennue, as the preseruation of the publick peace.

To aduaunce the profites of the [Page 235] Crown; First he obtained a subsidy of 26. s. 8. d. out of euery sixe score Acres manured, payable yearely for 5. years. Next, he resumed al the Crown land, which had been aliened (for the most part) by Richard Duke of Yorke: & last­ly, he procured a subsidy of Pondage, out of all Merchandizes imported & exported, to be granted to the Crown in perpetuity.

To preserue the publicke peace, he reuiued the statutes of Kilkenny. He made wilfull murther High-Treason; he caused the Marchers to book their men for whom they should answere; and restrained the making Warre or peace, without speciall Commission from the State.

These Lawes, and others as im­portant as these, for the making of a commonwealth in Ireland, wer made in the Gouernment of Sir Edward Poy­nings. But these Lawes did not spread their Vertue beyonde the English [Page 220] Pale, though they were made gene­rally for the whole Kingdome. For the Prouinces without the Pale, which du­ring the warre of Yorke and Lancaster, had wholly cast off the English Go­uernement, were not apt to receyue this seed of reformation, because they were not first broken and maistered againe with the sword. Besides, the Irish Countreyes, which contained two third parts of the Kingdome, were not reduced to Shire-Ground, so as in thē the Lawes of England could not possi­bly be put in execution. Therefore, these good Laws & prouisions made by Sir Edward Poynings, were like good Lessons set for a Lute, that is broken and out of tune; of which Lessons, lit­tle vse can be made, till the Lute bee made fit to be plaid vpon.

And that the execution of al these Lawes, had no greater Latitude then the Pale, is manifest by the Statute of 13. of Henry 8. c. 3. which reciteth, that [Page 237] at that time, the Kings Lawes were o­beyed and executed in the four shires onely; and yet then was the Earle of Surrey Lieutenant of Ireland, a Gouernor much feared of the Kings Enemies, and exceedingly honored and belo­ued of the Kings subiects. And the in­structions giuen by the state of Ire­land, The Counsell Booke of Ire­land. 16. H. 8. to Iohn Allen, Maister of the Rols, employed into England, neere about the same time, doe declare as much; wherein among other things, hee is required to aduertise the King, that his Land of Ireland was so much de­cayed, as that the Kings Lawes were not obeyed twenty miles in compas. Whereupon, grew that By-word vsed by the Irish, (viz:) That they dwelt By­west the Law, which dwelt beyond the Riuer of the Barrow, which is within 30. Miles of Dublin. The same is testified by Ba­ron Finglas, in his Discourse of the decay of Ireland, which hee wrote about the 20. yeare of King Henry 8. And thus we [Page 238] see the effect of the Reformation which was intended by Sir Edward Poynings.

THE next Attempt of Reformati­on, The reforma­tion intended by the L. Leo­nard Gray, 28. Hen. 8. was made in the 28. yeare of King Henry 8. by the Lorde Leonard Gray, who was created Viscount of Garny in this Kingdome, and helde a Parliament, wherein many excellent Lawes were made. But to prepare the mindes of the people to obey these Lawes, he began first with a Martiall course: For being sent ouer to sup­presse the Rebellion of the Giraldines, (which he performed in few months) he afterwards made a victorious Cir­cuit round about the Kingdome; be­ginning Annales Hiber­ [...] Manus. in Offaly, against O Connor, who had ayded the Giralàines in their Rebellion; and from thence passing along through all the Irish Countries in Leinster, and so into Mounster, wher hee tooke pledges of the degenerate [Page 239] Earle of Desmond, and thence into Co­naght, and thence into Vlster; & then concluded this warlicke Progresse with the Battell of Belahoo, in the Bor­ders of Meth, as is before remembred. The Counsell Booke of Ire­land. 28. H. 8.

The principall Septs of the Irish­ry beeing all terrified, and most of them broken in this iourney, manie of their chiefe Lords vppon this De­puties returne came to Dublin, and made their submissions to the crown of England; Namely, the O Neales, & O Relies of Vlster, Mac Murrogh, O Birne, and O Carrol of Leinster, and the Bourks of Conaght.

This preparation being made, he first propounded and passed in Parla­ment these Lawes, which made the great alteration in the State Ecclesiasti­cal; Namely, the Act which declared King Henry the eight to bee supreame Head of the Church of Ireland. The Act probibiting Apeales to the church of Rome: the Act for first fruites, and [Page 240] twentith part to be paid to the King: the Act for Faculties and Dispensati­ons: And lastly, the Act that did vtter­ly abolish the vsurped Authoritie of the Pope. Next, for the encrease of the Kings Reuennew: By one Act, he suppressed sundry Abbeyes and Reli­gious Houses; and by another Acte, resumed the Lands of the Absentees, (as is before remembred.)

And for the Ciuill Gouernment, a speciall Statute was made, to abolish the Black-Rents and tributes, exacted by the Irish, vpon the English Colo­nies; and another Law enacted, that the English Apparrell, Language, & manner of liuing, should bee vsed by all such, as would acknoledge them­selues the Kings Subiects. This Parlia­ment being ended, the Lord Leonard Gray, was suddenly reuokt, and put to death in England, so as hee liued not to finish the woorke of Reformation which he had begun: which notwith­standing, [Page 241] was well pursued by his suc­cessors, The course of Reformation pursued by Sir Anthony Saint-Leger. Sir Anthony Saint-Leger; Vnto whom, all the Lords and Chiefetanes of the Irishry, and of the degenerate English throughout the Kingdome, made their seueral submissions by In­denture Foure gene­rall Submissi­ons of the Irish. (which was the fourth gene­ral submission of the Irish, made since the first attempt of the Conquest of Ireland) whereof the first was made to King Henry 2. the second to k. Iohn, the third to K. Richard 2. and his last to Sir Anthony Saint-Leger, in 33. of Hen. 8.

IN these Indentures of submission, all The Counsell Booke of Ire­land. 32. 33. and 34. of H. 8 the Irish Lords do acknowledge K. Henry the eight to be their Soueraign Lord and King, and desire to bee ac­cepted of him as subiects. They con­fesse the Kings supremacy in all cau­ses, & do vtterly renounce the Popes Jurisdiction, which I conceiue to bee worth the noting, because, when the [Page 242] Irish had once resolued to obey the king, they The Irish and degenerate English, re­nounce the Pope. made no scruple to renounce the Pope. And this was not only done by the meere Irish, but the chiefe of the degenerate English Families did perfourme the same: as Desmond, Barry, and Roche, in Mounster; and the Bourkes, which bore the Title of Mac william, in Conaght.

These submissions being thus ta­ken, the Lorde Deputy and Counsell for the present Gouernment of those Irish Countries, made certaine Ordi­nances of state, not agreeable altogi­ther with the Rules of the Law of Eng­land; the reason whereof, is exprest in the preamble of those Ordinances; The Counsell Booke of Ire­land. 33. H. 8. Quia nondum sic sapiunt leges & Iura, vt se­cundū ea iam immediatè viuere & regipos­sint. The chiefe points or Articles of which Orders registred in the Coun­sel Booke are these: That King Henrie the eight, shold be accepted, reputed, and named King of Ireland, by all the Inhabitants of the Kingdome; that al [Page 243] Archbishops and Bishops should bee permitted to exercise their Iurisdicti­on in euery Diocesse throughout the Land: that tithes should be duely set out, and paide: that Children should not be admitted to Benefices: that for euery Manslaughter, and theft aboue 14 d: committed in the Irish Contries, the offender shold pay a fine of 40. li. twenty pound to the King, and 20. li. to the Captaine of the Country; and for euery thefte vnder 14. d. a fine of fiue markes should be paid, 46. s. viij. d to the Captaine, and 20. s. to the Tani­ster: That Horsemen and Kearn shold not be imposed vppon the Common people, to beefed and maintained by them: That the Maister shold answer for his seruants, and the Father for his Children. That Cuttinges should not be made by the Lorde vppon his Te­nants, to maintaine war with his nei­ghbors, but only to beare his necessa­ry expences, &c.

These ordinances of state being made and published, there were no­minated and appointed in euery pro­uince, certaine Orderers or Arbitra­ters, who instead of these Irish Erehons, should heare and determine all their Controuersies. In Conaght, the Arch­Bishop of Tuam, the Bishop of Clonfert, Captaine wakeley, and Captaine Ouing­ton. In Munster, the Bishop of VVater­ford, the Bishop of Corke and Rosse, the Maior of Corke, and Maior of Yough­hall. In Vlster, the Archbishop of Ard­magh, & the Lord of Lowth. And if any difference did arise, which they could not end, either for the difficultie of the cause, or for the obstinacy of the parties, they were to certifie the Lord Deputy and Counsell, who would de­cide the matter by their authority.

Heereuppon, the Irish Captaines of lesser Territories, which had euer bin oppressed by the greater & migh­tier; some, with Risings out; others, [Page 245] with Bonaght, and others, with Cut­tings, and spendings at pleasure, did appeale for Iustice to the Lorde De­puty; who vpon hearing their Com­plaints, did alwayes order, that they should all imediatly depend vpon the King; and that the weaker should haue no dependancy vpon the stron­ger.

Lastly, he preuailed so much with the greatest of them; Namely, O Neale, O Brien, and Mac william, as that they willingly did passe into England and presented themselus to the king, who thereuppon was pleased to ad­uance them to the degree and honor of Earles, & to grant vnto them their seuerall Contries, by Letters patents. Besides, that they might learne Obe­dience and Ciuility of maners, by of­ten repairing vnto the State, the K. vpon the motion of the same Deputy, gaue each of them a house and Lands neere Dublin, for the entertainement [Page 246] of their seuerall traines.

This course, did this Gouernour take to reforme the Irishry; but with­all, he did not omit to aduance both the honor and profit of the King. For in the Parliament which he helde the 33. of Henry 8. hee caused an Acte to passe, which gaue vnto K. Henry 8. his heyres and successors, the name, stile, and Title of King of Ireland; whereas before that time, the Kings of England were stiled but Lords of Ireland: albe­it indeed, they were absolute Monarks thereof, and had in right all Royall & Imperial Iurisdiction & power there, as they had in the Realm of England. And yet because in the vulgar conceit the name of King, is higher then the name of Lorde. Assuredly, the assu­ming of this title, hath not a litle ray­sed the soueraignty of the K. of Eng­land in the minds of this people. Last­ly, this Deputy brought a great aug­mentation to the Kings Reuenue, by [Page 247] dissoluing of all the Monasteries and Religious Houses in Ireland, which was done in the same Parliament: & afterward, by procuring Min and Ca­uendish, two skilfull Auditours, to bee sent ouer out of England. Who tooke an exact suruey of all the possessions of the Crowne, and brought manie things into charge, which had beene concealed and substracted for manie years before. And thus far did Sir An­thony Saint-Leger proceed, in the course of Reformation; which though it wer a good beginning, yet was it far from reducing Ireland to the perfect Obe­dience of the Crown of England. For all this while, the Prouinces of Co­naght and Vlster, and a good parte of Leinster, were not reduced to Shire­Ground. And though Mounster were anciently diuided into Counties, the people were so degenerate, as no Iu­stice of Assise, durst execute his Com­mission amongst them. None of the [Page 248] Irish Lords or Tenants were setled in their possessions, by any Graunt or Confirmation from the Crowne, ex­cept the three great Earles before na­med; who notwithstanding, did go­uern their Tenants and Followers, by the Irish or Brehon Law; so as no trea­son, murther, rape, or theft, commit­ted in those Countries, was inquired of, or punisht by the Law of England; and consequently, no Escheat, For­feiture, or Fine; no Reuenue (certain or casuall) did acrew to the Crowne out of those Prouinces.

The next worthy Gouernor that The course of Reformation prosecuted by Thomas Earl of Sussex, in the time of Q. Mary. endeuoured to aduaunce this Refor­mation, was Thomas Earle of Sussex; who hauing throughly broken and subdued the two most rebellious and powerful Irish Septs in Leinster; name­ly, the Moores & O Connors, possessing Leix & Offa­ly made two Counties, 3. & 4. Phil. & Mariae. the territories of Leix & Offaly, did by Act of Parliament, 3. & 4. Phil. & Ma­riae, reduce those Countries into two [Page 249] seuerall Counties; naming the one, the Kinges; and the other, the Queenes County; which were the first two Counties that had beene made in this Kingdome, since the twelfth yeare of King Iohn; at what time the Territo­ries thē possessed by the English Co­lonies, were reduced into 12. Shires, as is before expressed.

This Noble Earle, hauing thus ex­tended the Iurisdiction of the English Lawe into two Counties more, was not satisfied with that addition, but took a resolution to diuide all the rest of the Irish Countries vnreduced, in­to seuerall Shires; and to that end, he caused an Act to passe in the same Par­liament, authorising the Lord Chan­cellour, from time to time, to award Commissions to such persons, as the Lord Deputy should nominate and appoint, to viewe, and perambulate those Irish territories; and thereupon, to diuide and limit the same into such [Page 250] and so many seuerall Counties as they should thinke meete; which beeing certified to the Lord Deputy, and ap­proued by him, should bee returned and enrolled in the Chancery, and from thenceforth be of like force and effect, as if it were doone by Act of Parliament.

Thus did the Earle of Sussex lay open a passage for the Ciuill gouernment into the vnreformed partes of this Kingdome, but himselfe proceeded no further then is before declared.

HOwbeit afterwardes, during the The course of Reformation followed by Sir Henry Sid­ney, in the time of Qu. Elizabeth. raigne of Queen Elizabeth, Sir Hen­ry Sidney, (who hath left behinde him many Monuments of a good Gouer­nour in this Land) did not onely pur­sue that course which the Earle of Sus­sex began, in reducing the Irish Coun­tries into Shires, and placing therein Sheriffes, and other Ministers of the Law; (for first hee made the Annaly a [Page 251] Territory in Leynster, possessed by the Sept of Offerralles, one entire Shire by it selfe, and called it the County of Longford; and after that he diuided the whole Prouince of Conaght into sixe Counties more; namely, Clare (which containeth all Thomond) Gallaway, Sligo, Mayo, Roscomon, and Leytrim:) But he also had caused diuers good Lawes to be made, & performed sundry other seruices, tending greatly to the refor­mation of this Kingdome. For first, to diminish the greatnesse of the Irish Lordes, and to take from them the de­pendancy of the Common people, in the Parliament which he held 11. Eliz. Hee did abolish their pretended and vsurped Captain-ships, and all exacti­ons, and extortions incident thereun­to. Next, to settle their Seigniories & possessions in a course of Inheritance, according to the course of the Com­mon Law, he caused an Act to passe, whereby the Lord Deputy was autho­rised [Page 252] to accept their Surrenders, and to re-grant estates vnto them, to hold of the Crown by English tenures and seruices. Againe, because the Inferi­or sort were loose and poore, and not amesnable to the Law; hee prouided by another Act, that fiue of the best & eldest persons of euery Sept, should bring in all the idle persons of their sur-name, to be iustified by the Law. Moreouer, to giue a ciuill education to the Youth of this Land in the time to come, prouision was made by an­other Law, that there should bee one Free-schoole, at least, erected in euery Diocesse of the Kingdom. And lastly, to invre and acquaint the people of Mounster and Conaght, with the English Gouernment againe (which had not been in vse among them, for the space of 200. yeares before:) hee instituted two Presidency Courtes in those two Prouinces, placing Sir Edward Fitton in Conaght, and Sir Iohn Perrot in Mounster.

To augment the Kings Reuennew in the same Parliament, vppon the at­tainder of Shane O Neale, hee resumed & vested in the Crowne, more then halfe the Prouince of Vlster: He raised the Customes vpon the principall cō ­modities of the Kingdome: He refor­med the abuses of the Exchequer, by many good orders and instructions sent out of England; and lastly, he esta­blished the composition of the Pale, in liewe of Purueyance and Sesse of Souldiers.

These were good proceedinges in the worke of Reformation, but there were many defects & omissions with­all; for though he reduced all Conaght into Counties, he neuer sent any Ju­stices of Assize to visite that Prouince, but placed Cōmissioners there, who gouerned it onely in A course of discreti­on; part Martiall, and part Ciuill. A­gaine, in the Law that dooth abolish the Irish Captain-ships, he gaue waie [Page 254] for the reuiuing thereof againe, by ex­cepting such, as should be granted by Letters Patentes from the Crowne; which exception did indeede take a­way the force of that Law. For no go­uernour during Queene Elizabeths raign, did refuse to grant any of those Captain-ships, to any pretended Irish Lord, who would Desire, and with his thankefulnesse Deserue the same. And againe, though the greatest part of Vl­ster were vested by Act of Parliament, in the actuall and reall possession of the Crowne; yet was there neuer any seisure made thereof, nor any part thereof brought into charge, but the Irish were permitted to take all the profits, without rendering any dutie or acknowledgement for the same; and though the Name of O Neale were damned by that act, and the assuming thereof made High-treason; yet after that, was Tirlagh Leynnagh suffered to beare that Title, and to intrude vpon [Page 255] the possessions of the Crown, and yet was often entertained by the State with fauour. Neither were these lands resumed, by the Act of 11. of Elizabeth neglected onely (for the Abbaies and religious Houses in Tirone, Tirconnell, and Fermannagh, though they were dis­solued in the 33. of Henry 8. were ne­uer surueied nor reduced into charge, but were continually possest by the religious persons) vntill his Maiestie that now is came to the Crowne: and that which is more strāge, the Dona­tions of Byshopprickes, being a flow­er of the Crowne (which the Kings of England did euer retaine in all their Dominions, when the Popes vsurped Authority was at the highest.) There were three Bishopprickes in Vlster; namely, Derry, Rapho, and Clogher, which neither Queene Elizabeth, nor any of her Progenitors did euer be­stow, though they were the vndoub­ted Patrons thereof. So as King Iames [Page 256] was the first king of England that did euer supply those Sees with Byshops, which is an argument eyther of great negligence, or of great weaknesse in the State and Gouernours of those times. And thus farre proceeded Sir Henry Sidney.

AFter him, Sir Iohn Perrot, who held The Refor­mation ad­uanced by Sir Iohn Perrot. the last Parliament in this King­dome, did aduance the Reformation in three principall points. First, in esta­blishing the great composition of Co­naght; in which seruice the wisedome and industry of Sir Richard Bingham did concurre with him: next, in reducing the vnreformed partes of Vlster into seauen shires; namely, Ardmagh, Mo­nahan, Tirone, Coleraine, Deuegall, Fer­mannagh, & Cauan; though in his time the Law was neuer executed in these new Counties by any Sheriffes or Iu­stices of Assize, but the people left to be ruled still by their own barbarous [Page 257] Lords and Lawes: And lastly, by vest­ing in the Crowne, the Lands of Des­mond and his Adherents in Mounster, and planting the same with English, though that plantation were imperfect in many points.

AFter Sir Iohn Perrot, Sir william Fitz­williams The Seruice of William Fitz Williams, ten­ding to refor­mation. did good seruice in two other points. First, in raising a com­position in Mounster; and then, in set­ling the possessions both of the Lords and Tenantes in Monahan, which was one of the last Acts of State, tending to the reformation of the Ciuill Go­uernment that was performed in the raigne of Queene ELIZABETH.

Thus we see, by what degrees, & what pollicy and successe the Gouer­nors of this Land from time to time, since the beginning of the raigne of King Edward 3. haue endeuored to re­forme and reduce this people to the perfect obedience of the Crowne of [Page 258] England: And we find, that before the Ciuill Warres of Yorke and Lancaster, they did chiefely endeuour to bring backe the degenerate English Colo­nies, to their Duty and Allegeaunce, not respecting the meer Irish, whom they reputed as Aliens or Enemies of the Crowne. But after King Henry 7. had vnited the Roses, they labored to reduce both English and Irish toge­ther: which worke, to what passe and perfection it was brought in the lat­ter end of Queen Elizabeths raign, hath bin before declared.

Whereof sometimes when I doe consider, I do in mine owne conceit compare these later Gouernors, who went about to reforme the Ciuill Af­fairs in Ireland, vnto some of the Kings of Israel, of whom it is saide; That they were good Kings, but they did not cut downe the Groues and High places, but suffered the people still to burne Incense, & commit Idolatry in them: [Page 259] so Sir Anthony Saint-Leger, the Earle of Sussex, sir Henry Sidney, & sir Iohn Per­rot, were good Gouernours, but they did not abolish the Irish Customes, nor execute the Lawe in the Irish Coun­tries, but suffered the people to wor­ship their barbarous Lordes, and to remaine vtterly ignorant of their Du­ties to God and the King.

AND now am I come to the happy How the De­fects & errors in the gouern ment of Ire­land, haue bin supplied and amended since the be­ginning of his Maiesties Raigne. raigne of my most Gracious Lord & Maister K. Iames; in whose time, as there hath been a concurrence of many great Felicities: so this among others may be numbred in the first ranke; that all the Defects in the Gouernment of Ire­land spoken of before, haue beene ful­ly supplied in the first nine yeares of his raigne. In which time, there hath bin more done in the worke & refor­mation of this Kingdome; then, in the 440. yeares which are past since the Conquest was first attempted.

Howbeit, I haue no purpose in this Discourse, to set forth at large all the proceedings of the State heere in reforming of this Kingdom, since his Maiesty came to the Crowne, for the parts and passages thereof are so ma­ny, as to expresse them fully, woulde require a seuerall Treatise. Besides, I for my part, since I haue not flattered the former times, but haue plainely laid open the negligence and errors of euery Age that is past, woulde not willingly seeme to flatter the present, by amplifying the diligence and true Iudgement of those Seruitours, that haue laboured in this Vineyard since the beginning of his Maiesties happy raigne.

I shall therefore summarily, with­out any amplication at all, shewe in what manner, and by what degrees, all the defects which I haue noted be­fore in the Gouernment of this King­dome, haue bin supplied since his Ma­iesties [Page 261] happy raigne beganne; and so conclude these obseruations concer­ning the State of Ireland.

FIrst then, touching the Martiall af­fayres, Errors in the carriage of the martiall affaires a­mended. I shall neede to say little, in regard that the Warre which finish­ed the Conquest of Ireland, was ended almost in the instant when the crown descended vpon his Maiesty; and so there remained no occasion to amēd the former errors committed in the prosecution of the warre. Howbeit, sithence his Maiesty hath still main­tained an Army heere, aswell For a Seminary of Martiall Men; as to Giue strength and countenance to the Ciuil Magi­strate; I may iustly obserue, that this ar­my hath not bin fed with Coigne & Li­uery, or Sesse (with which Extortions the souldier hath bin norished in the times of former Princes) but hath bin as iustly and royally paid, as euer Prince in the world did pay his Men of war. Besides, [Page 262] when there did arise an occasion of employment for this army against the Rebell Odoghertie; neither did his Ma­iesty delay the re-inforcing thereof, but instantly sent supplies out of Eng­land and Scotland; neither did the Mar­tiall men dally or prosecute the Ser­uice faintly, but Did foorthwith quench that fire, whereby themselues would haue bin the warmer the longer it had continu­ed, aswell by the encrease of their en­tertainment, as by booties and spoile of the Countrey. And thus much I thought fit to note, touching the a­mendment of the Errors in the Mar­tiall affaires.

SEcondly, for the supply of the De­fects How the De­fects in the ci­uill Gouern­ment, haue bin supplied. in the ciuil Gouernment, these courses haue beene pursued since his Maiesties prosperous raigne began.

First, albeit vpon the end of the war, whereby Tyrones vniuersall Re­bellion 1. By establish­ing the pub­licke peace. was supprest, the minds of the [Page 263] people were broken and prepared to Obedience of the Law; yet the State vpon good reason, did conceiue, that the publicke peace could not be set­led, till the hearts of the people were also quieted, by securing them from the danger of the law, which the most part of them had incurred one way or other, in that great and general con­fusion.

Therefore, first by a generall Act of State, called the Act of Obliuion, pub­lished by Proclamation vnder the great Seale; Al offences against the Crown, and all perticuler Trespasses between subiect and subiect, done at any time before his Maiesties raigne, were (to all such as would come in to the Iu­stices of Assise by a certaine day, and claime the benefit of this Act) pardo­ned, remitted, and vtterly extingui­shed, neuer to be reuiued or called in question. And by the same proclama­tion, all the Irishry (who for the most [Page 264] part, in former times, were left vnder the tiranny of their Lords and Chief­tanies, and had no defence or Iustice from the Crowne) were receiued in­to his Maiesties imediate protection. This bred such comfort and security in the hearts of all men, as thereupon ensu­ed, the calmest, and most vniuersall peace, that euer was seen in Ireland.

The publicke peace beeing thus 2. By establish­ing the pub­lique Iustice in euery part of the King­dome. established, the State proceeded next to establish the publick Iustice in eue­ry part of the Realm: And to that end, Sir George Cary (who was a prudent Gouernor, and a iust, and made a fair entry into the right way of reforming this Kingdome) did in the first yeare of his Maiesties raigne, make the first Sheriffes that euer were made in Ty­rone and Tirconnell; and shortly after, sent Sir Edmund Pelham Chiefe Baron, & my selfe thither, the first Iustices of Assise that euer sat in those Countries: [Page 265] and in that Circuit, wee visited all the shires of that Prouince: Besides which visitation, though it were some-what distastfull to the Irish lords, was sweet and most welcome to the Common people; who, albeit they were rude & barbarous, yet did they quickely ap­prehend the difference betweene the tiranny and oppression vnder which they liued before, & the iust gouern­ment and protection which wee pro­mised vnto thē for the time to come.

The Lawe hauing made her Pro­gresse into Vlster with so good suc­cesse, sir Arthur Chichester (who with singular Industry, Wisedome, and Courage, hath now for the space of 7. years and more, prosecuted the great worke of Reformation, and brought it well-neere to an absolute perfecti­on) did in the first year of his gouern­ment, establish two other Newe Cir­cuits for Iustices of Assise; the one in Conaght, and the other in Mounster. I [Page 266] call them New Circuites, for that, al­though it bee manifest by manie Re­cordes, that Iustices Itinerant haue in former times beene sent into all the shires of Mounster, & some part of Co­naght; yet certaine it is, that in 200. yeares before (I speake much within compasse) no such Commission had bin executed in either of these 2. Pro­uinces. But now, the whole Realme being diuided into Shires, and euerie bordering Territory, whereof anie doubt was made in what County the same should ly, being added or redu­ced to a County certaine (among the rest, the Mountaines and Glynnes on the South side of Dublin, wer lately made a Shire by it self, and called the Coun­ty of wicklow; wherby the Inhabitants which were wont to be Thorns in the side of the Pale, are become ciuill and quiet Neighbors thereof,) the streams of the publicke Iustice were deriued into euery part of the Kingdome; and [Page 267] the benefit and protection of the law of England communicated to all, as­well Irish as English, without distinc­tion or respect of persons; By reason whereof, the worke of deriuing the publick Iustice, grew so great, as that there was Magna messis, sed Operarij pau­ci. And therefore, the number of the Iudges in euery Bench was increa­sed, which do now euery halfe yeare (like good Plannets in their seuerall spheares or Circles) carry the light and influence of Iustice, round about the Kingdom; whereas the Circuits in for­mer times, went but round about the Pale, like the Circuit of the Cinosura a­bout the Pole.

VPon these Visitations of Iustice, The good ef­fects which followed the execution of the law tho­roughout the Kingdome. whereby the iust and honourable Law of England was imparted and communicated to al the Irishry, there followed these excellent good effects.

First, the Common people were taught by the Iustices of Assise, that they were free subiects to the Kings of England, and not slaues & vassals to their pretended Lords: That the Cuttings, Cosheries, Sessings, and other Extortions of their Lords, were vn­lawfull, and that they should not any more submit them-selues thereunto, since they were now vnder the prote­ction of so iust and mighty a Prince, as both wold and could protect them from all wrongs & oppressions: They gaue a willing eare vnto these lessons; and thereupon, the greatnesse & po­wer of those Irish Lords ouer the peo­ple, so dainly fell and vanished, when their Oppressions and Extortions were taken away which did maintain their greatnesse: Insomuch, as diuers of them, who formerly made them­selues Owners of al (by Force;) were now by the law reduced to this point; That wanting meanes to defray their [Page 269] ordinary charges, they resorted ordi­narily to the Lord Deputy, and made petition, that by License and warrant of the State, they might take some aid and contribution from their people; aswel to discharge their former debts, as for competent maintenance in time to come: But some of them be­ing impatient of this diminution, fled out of the Realme to forraign Coun­tries. Whereupon, we may well Ob­serue; That, as Extortion did banish the old English Free-holder, who could not liue but vnder the Law; So the Law did bannish the Irish Lord, who could not liue but by Ex­tortion.

Againe, these Circuits of Iustice, did (vpon the end of the warre) more terrifie the loose and ydle personnes, then the execution of the martial law, though it were more quicke and so­daine: and in a short time after, did so cleare the Kingdome of Theeues, & other Capitall Offenders, as I dare af­firme, [Page 270] that for the space of fiue yeares last past, there haue not bin found so many Malefactors worthy of death in al the six Circuits of this realm (which is now diuided into 32. shires at large) as in one Circuit of six Shires; name­ly, the Westerne Circuit in England. For the troth is, that in time of peace, the Irish are more fearefull to offend the Law, then the English, or any o­ther Nation whatsoeuer.

Againe, whereas the greatest ad­uantage that the Irish had of vs in all their Rebellions, was, Our Ignorance of their Countries, their Persons, and their Actions: Since the Law and her Mini­sters haue had a passage among them, all their places of Fastnesse haue been discouered and laide open; all their paces cleard; & notice taken of euery person that is able to do either good or hurt. It is knowne, not only how they liue, and what they doe, but it is foreseen what they purpose or intend [Page 271] to do: Insomuch, as Tirone hath been heard to complaine, that he hadde so many eyes watching ouer him, as he coulde not drinke a full Carouse of Sacke, but the State was aduertised thereof, within few houres after. And therefore, those allowances which I finde in the ancient Pipe-Rolles, Pro­guidagio, & spiagio, may be well spared at this day. For the Vnder-Sheriffes and Bayliffes errant, are better guides and Spies in the time of peace, then any were found in the time of war.

Moreouer, these ciuil assemblies at Assises and Sessions, haue reclay­med the Irish from their wildenesse, caused them to cut off their Glibs and long Haire; to conuert their Mantles into Cloaks; to conform themselues to the maner of England in al their be­hauiour and outward formes. And because they find a great inconueni­ence in mouing their suites by an In­terpreter; they do for the most part [Page 272] send their Children to Schools, espe­cially to learne the English language: so as we may conceiue an hope, that the next generation, will in tongue & heart, and euery way else, becom Eng­lish; so as there will bee no difference or distinction, but the Irish Sea be­twixt vs. And thus we see a good con­uersion, & the Irish Game turned againe.

For heeretofore, the neglect of the Lawe, made the English degene­rate, and become Jrish; and now, on the other side, the execution of the Law, doth make the Irish grow ciuil, and become English.

Lastly, these generall Sessions now, do teach the people more obedience, and keep them more in awe then did the general hostings in former times. These Progresses of the Law, renew and confirme the Conquest of Ireland euery halfe yeare, and supply the De­fect of the kings absence in euery part of the Realme; In that euery Iudge sit­ting [Page 273] in the seat of Iustice, dooth re­present the person of the King him­selfe.

These effectes, hath the establish­ment of the publicke Peace and Iustice produced, since his Maiesties happie Raigne began.

Howbeit, it was impossible to 3. The setling of the States and possessi­ons of the I­rishry, aswelas of the English make a Common-weale in Ireland, without performing another seruice; which was, the setling of all the E­states and possessions, aswell of Irish, as English, thoroughout the King­dome.

For, although that in the 12. year of Queen ELIZABETH, a special Law was made, which did enable the Lord Deputy to take surrenders, & regrant Estates vnto the Irishry (vpon signifi­cation of her Maiesties pleasure in that behalfe;) yet were there but few of the Irish Lords that made offer to surrender during her raigne: & they which made surrenders of entire [Page 274] Countries, obtained Graunts of the whole againe to themselues only, & to no other, and all in demesne. In passing of which Graunts, there was no care taken of the inferiour Septes of people, inhabiting and possessing these Countries vnder them, but they held their seuerall portions in course of Tanistry and Gauelkind, and yeil­ded the same Irish Duties or exacti­ons, as they did before: So that vpon euery such Surrender & Grant, there was but one Free-holder made in a whole Country, which was the Lord himselfe; al the rest were but tenants at Wil, or rather tenants in villenage, and were neither fit to be sworne in Iuries, nor to performe any publicke seruice: And by reason of the vncer­tainety of their Estates, did vtterly neglect to build, or to plant, or to im­proue the Land. And therefore, al­though the Lorde were become the Kings Tenant, his Countrey was no [Page 275] whit reformed thereby, but remained in the former Barbarisme and Desola­tion.

Againe, in the same Queens time, there were many Irish Lordes which did not surrender, yet obtained Let­ters Patents of the Captaine-ships of their Countries, & of all Lands & Du­ties belonging to those Captainships: For the Statute which doth condemn & abolish these Captain-ries, vsurped by the Irish, doth giue power to the Lorde Deputy to graunt the same by Letters pattents. Howbeit, these Irish Captaines, and likewise the English, which were made Seneschalles of the Irish countries, did by colour of these Grants, and vnder pretence of Go­uernment, claime an Irish Seigniory, and exercise plaine tiranny ouer the Common people. And this was the fruite that did arise of the Letters Pa­tents, granted of the Irish Contries in the time of Q. Elizabeth, where before [Page 276] they did extort & oppresse the peo­ple, only by colour of a leud and bar­barous Custom; they did afterwards vse the same Extortions and Oppres­sions by warrant, vnder the great seal of the Realme.

But now, since his Maiesty came How the Cō ­missions for Surrenders, and defectiue Titles, haue bin put in ex­ecution. to the Crown, two speciall Commis­sions haue bin sent out of England, for the setling and quieting of all the possessions in Ireland; The one, for accepting Surrenders of the Irish and degenerate English, and for regran­ting Estates vnto them, according to the course of the Common Law; The other, for strengthening of defectiue Titles. In the Execution of which Cō ­missions, there hath euer bin had a speciall care, to settle and secure the Vnder-Tennants; to the end, there might be a repose and establishment of euery Subiects Estate; Lord & Te­nant, Free-holder and Farmer, tho­roughout the Kingdome.

Vppon Surrenders, this course hath bin helde from the beginning; when an Irish Lord doth offer to sur­render his Country, his surrender is not immediatly accepted, but a Com­mission is first awarded, to enquire of three special points. First, of the quan­tity and limits of the Land whereof he is reputed owner. Next, how much himselfe doth hold in demeasne, and how much is possest by his Tennants and Followers. And thirdly, what Cu­stomes, Duties, and seruices, he doth yearly receiue out of those lands. This Inquisition being made & returned, the Lands which are found to bee the Lords proper possessions in demesn, are drawne into a Particular; and his Irish Duties; as Cosherings, Sessings, Rents of Butter and Oatmeale, and the like; are reasonably valued and reduced into certaine Summes of Money, to be paide yearely in lieu thereof. This being done, the surrender is accepted; and [Page 278] thereupon a Grant passed, not of the whole Country, as was vsed in former times, but of those Lands only, which are found in the Lords possession, & of those certaine summes of Money, as Rents issuing out of the rest. But the Lands which are found to be possest by the Tenants, are left vnto them, re­spectiuely charged with these certain Rents only, in lieu of all vncertaine I­rish exactions.

In like manner, vpon all Grants, which haue past by vertue of the com­mission, for defectiue Titles, the Cō ­missioners haue taken speciall Cauti­on, for preseruation of the Estates of all particular Tenants.

And as for Graunts of Captaine­shippes No Grant of Irish Captain ships, or Se­neschalships, since his Ma­iesties raigne. or Seneschal-shippes, in the Irish Countries; albeit, this Deputy had as much power and authority to graunt the same, as any other Gouernors had before him; and might haue raised as much profit by bestowing the same, if [Page 279] he had respected his priuate, more then the publicke good; yet hath he bin so farre from passing any such in all his time, as he hath endeuoured to resume all the Graunts of that kinde, that haue bin made by his Predeces­sors; to the end, the inferiour subiects of the Realme, should make their on­ly and imediate dependancie vppon the Crowne. And thus we see, how the greatest part of the possessions, (aswell of the Irish as of the English) in Leinster, Conaght, and Mounster, are setled and secured since his Maiestie came to the Crowne: whereby the harts of the people are also setled, not only to liue in peace, but raised & in­couraged to builde, to plant, to giue better education to their children, & to improue the commodities of their Landes; whereby the yearely value thereof, is already encreased, double of that it was within these few yeares, and is like daily to rise higher, till it [Page 280] amount to the price of our Lande in England.

LAstly, the possessions of the Irishry The plantati­on of Vlster. in the Prouince of Vlster, though it were the most rude and vnreformed part of Ireland, and the Seat and Nest of the last great Rebellion, are now better disposed and established, then any the Lands in the other Prouinces, which haue bin past and setled vpon Surrenders. For, as the occasion of the disposing of those Lands, did not happen without the speciall proui­dence and finger of God, which did cast out those wicked and vngratefull Traitors, who were the only enemies of the reformation of Ireland: so the distribution and plantation thereof, hath bin proiected & prosecuted, by the speciall direction and care of the K. himselfe; wherein his Maiesty hath corrected the Errors before spoken of, committed by K. Henry 2. & k. Iohn, [Page 281] in distributing and planting the first conquered Landes. For, although there were six whole Shires to be dis­posed, his Maiesty gaue not an entire Country, or County, to any particular person; much lesse did he grant lura Regalia, or any extraordinary Liber­ties. For the best British Vndertaker, had but a proportion of 3000. Acres for himself, with power to create a Man­nor, and hold a Court Baron: Albeit, many of these Vndertakers, were of as great birth & quality, as the best Ad­uenturers in the first conquest. Again, his Maiesty did not vtterly exclude the Natiues out of this plantatiō, with a purpose to roote them out, as the I­rish wer excluded out of the first Eng­lish Colonies; but made a mixt plan­tation of Brittish & Irish, that they might grow vp togither in one Nati­on: Only, the Irish were in some pla­ces transplanted from the Woods & Mountaines, into the Plaines & open [Page 282] Countries, that being remoued (like wild fruit trees) they might grow the milder, and beare the better & swee­ter fruit. And this truly, is the Maister­piece, and most excellent part of the worke of Reformation, and is worthy indeed of his Maiesties royall paines. For when this Plantation hath taken root, and bin fixt and setled but a few yeares, with the fauour and blessing of God (for the son of God himselfe hath said in the Gospell, Omnis Planta­tio, quam non plantauit pater meus, eradica­bitur) it will secure the peace of Irelād, assure it to the Crowne of England for euer; and finally, make it a Ciuill, and a Rich, a Mighty, and a Flourish­ing Kingdome.

I omit to speake of the increase of the Reuenew of the Crown, both cer­taine and casuall, which is raised to a double proportion (at lest) aboue that it was, by deriuing the publick Iustice into all parts of the Realm; by setling [Page 283] all the possessions, both of the Irish & English, by re-establishing the com­positions; by restoring and resuming the Customes; by reuiuing the Te­nures in Capite, and Knights-Seruice; & reducing many other thinges into charge, which by the confusion and negligence offormer times, became concealed and subtracted from the Crowne. I forbeare likewise to speak of the due and ready bringing in of the Reuenue, which is broght to passe by the well-ordering of the Court of Exchequer, and the Authority & paines of the Commissioners for Accompts.

I might also adde heereunto, the encouragement that hath bin giuen to the Maritime Townes and Citties, as well to increase their trade of Mar­chandize, as to cherrish Mechanicall Arts and Sciences; in that all their Charters haue bin renued, & their Li­berties more inlarged by his Maiesty, then by any of his Progenitors since [Page 284] the Conquest. As likewise, the care & course that hath been taken, to make Ciuil Commerce and enter course be­tweene the Subiects, newly reformed and brought vnder Obedience, by granting Markets and Faires to bee holden in their Countries, and by e­recting of corporate Townes among them.

Briefly, the clock of the ciuil Go­uernment, is now well set, and all the wheeles thereof doemoue in Order; The strings of this Irish Harpe, which the Ciuill Magistrate doth finger, are all in tune (for I omit to speak of the State Ecclesiasticall) and make a good Harmony in this Commonweale: So as we may well conceiue a hope, that Ireland (which heertofore might pro­perly be called the Land of Ire, because the Irascible power was predominant there, for the space of 400. yeares to­gether) will from henceforth prooue a Land of Peace and Concorde. And, [Page 285] though heeretofore it hath bin like the leane Cow of Egypt, in Pharaohs Dreame, deuouring the fat of England, and yet remaining as leane as it was before, it will heereafter bee as fruit­full as the land of Canaan; the descrip­tion whereof, in the 8. of Deutronomie, doth in euery part agree with Ireland; being, Terra Riuorum, aquarum (que) & Ion­tium; in cuius Campis, & Montibus, erum­punt fluviorum abyssi; Terra frumenti, & hordei; Terralactis, & mellis; vbi absque vlla penuria comedes panemtuum, & rerum abundantia perfrueris.

And thus I haue discouered and expressed the Defects and Errors, as­well in the mannaging of the Martiall Af­faires, as Of the Ciuil; which in former Ages gaue impediment to the redu­cing of all Ireland, to the Obedience & Subiection of the Crowne of England. I haue likewise obserued, what cour­ses haue bin taken, to Reforme the De­fects and Errors in Gouernment, and to re­duce [Page 286] the People of this Land to Obedience, since the beginning of the raigne of King Edward 3. til the latter end of the raigne of Q. Elizabeth.

And lastly, I haue declared & set forth, How all the said Errors haue bin cor­rected, and the Defectes supplied vnder the prosperous Gouernment of his Maiesty; So as I may positiuely conclude in the same words, which I haue vsed in the Title of this Discourse; That vntill the beginning of his Maiesties Raigne, Ireland was neuer entirely subdued, and brought vn­der the Obedience of the Crown of England. But since the crown of this kingdom, with the vndoubted right and Title thereof, discended vpon his Maiesty; The whol Island from Sea to Sea, hath bin brought into his Highnes peace­able possession; and all the Inhabi­tants, in euery corner thereof, haue bin absolutely reduced vnder his im­mediate subiection. In which condi­tion of subiects, they wil gladly conti­nue, [Page 287] without defection or adhaering to any other Lord or King, as long as they may be Protected, and Iustly Gouer­ned, without Oppression on the one side, or Impunity on the other. For, there is no Nation of people vnder the sunne, that doth loue equall and indifferent Iustice, better then the Irish; or will rest better satisfied with the executi­on thereof, although it bee against themselues; so as they may haue the protection & benefit of the Law, when vppon iust cause they do desire it.