Historical relations, or, A discovery of the true causes why Ireland was never intirely subdu'd nor brought under obedience of the Crown of England until the beginning of the reign of King James of happy memory / by ... John Davis ...

A DISCOVERY OF THE True causes why Ireland was never entirely subdued, and brought under obedience of the Crown of England, until the be∣ginning of His Majesties happy Reign.

DUring the time of my Service in IRELAND (which began in the first year of His Ma∣jesties Reign) I have visited also the Pro∣vinces of that King∣dom, in sundry journeys and circuits. Wherein I have observed the good Tem∣perature of the Ayre; the Fruitfulness of

the Soyl; the pleasant and commodious seats for habitation; the safe and large Ports and Havens lying open for Traffick, into all the West parts of the World; the long Inlets of many Navigable Ri∣vers, and so many great Lakes, and fresh Ponds within the Land; (as the like are not to be seen in any part of Europe) the rich Fishings, and Wilde Fowl of all kinds; and lastly, the Bodies and Mindes of the people, endued with extraordinary abi∣lities of Nature.

THe observation whereof, hath bred in me some curiosity, to consider, what were the true causes, why this Kingdom, whereof our Kings of Eng∣land have borne the Title of Soveraign Lords, for the space of four hundred and odde years (a period of time where∣in divers great Monarchies have risen from Barbarism to Civility, and fallen again to ruine) was not in al that space of time, thoroughly subdued and re∣duced to Obedience of the Crown of England, although there hath been al∣most a continual War between the

English and the Irish; and why the man∣ners of the meer Irish are so little alter∣ed since the days of King Henry the se∣cond, as appeareth by the description made by Giraldus Cambrensis, (who lived and wrote in that time) albeit, there have been since that time, so many Eng∣lish 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 be found more in number than the ancient Natives.

AND truly, upon consideration of the conduct and passage of affairs in former times, I find, that the State of England ought to be cleared of an im∣putation, which a vulgar errour hath cast upon it, in one point; namely, That Ireland long since might have been subdued and reduced to Civility, if some States∣men in policy, had not thought it more fit to continue that Realm in Barbarism. Doubtless, this vulgar opinion (or re∣port) hath no true ground, but did first arise either out of Ignorance, or out of Malice. For it will appear by

that which shall hereafter be laid down in this Discourse, that ever since Our Nation had any footing in this Land, the State of England did earnestly desire, and I did accordingly endeavour from time to time, to perfect the Conquest of this Kingdom, but that in every age there were found such impediments and defects in both Realms, as caused almost an impossibility, that things should have been otherwise than they were.

* 1.1THe Defects which hindred the Per∣fection of the Conquest of Ireland, were of two kindes, and consisted, first, In the faint prosecution of the war, and next, In the looseness of the Civil Go∣vernment. For, the Husbandman must first break the Land, before it be made capable of good seed: and when it is thoroughly broken and manured, if we do not forthwith cast good seed into it, it will grow wilde again, and bear no∣thing but weeds. So a barbarous Coun∣try must be first broken by a war, be∣fore it will be capable of good Go∣vernment; and when it is fully sub∣dued

and conquered, if it be not well planted and governed after the Con∣quest, it will eft soons return to the former Barbarism.

TOuching the carriage of the Mar∣tial affairs,* 1.2 from the seventeenth year of King Henry the second, when the first overture was made for the Conquest of Ireland (I mean, the first after the Norman Conquest of England) until the nine and thirtieth year of Queen ELIZABETH, when that) Royal Army was sent over to suppress Ti∣rones Rebellion, which made in the end an universal and absolute conquest of all the Irishrie: It is most certain, that the English forces sent hither, or raised here from time to time, were ever too weak to subdue and master so many warlike Nations (or Septs) of the Irish, as did possess this Island; and besides their weakness, they were Ill paid, and worse Governed. And if at any time there came over an Army of competent strength and power, it did rather ter∣rifie, than break and subdue this people,

being ever broken and dissolved by some one accident or other, before the per∣fection of the Conquest.

* 1.3FOR, that I call a Perfect Conquest of a Countrey, which doth reduce all the people thereof to the Condition of Subjects: and those I call Subjects, which are governed by the ordinary Laws and Magistrates of the Soveraign. For, though the Prince doth bear the Title of Soveraign Lord of an entire Coun∣trey, (as our Kings did of all Ireland) yet if there be two third parts of that Countrey wherein he cannot punish Treasons, Murthers, or Thefts, un∣less he send an Army to do it; if the Jurisdiction of his ordinary Courts of Justice doth not extend into those parts to protect the people from wrong and Oppression; if he have no certain Revenue, no Escheates or Forfeitures out of the same, I cannot justly say, that such a Countrey is wholly con∣quered.

FIrst then,* 1.4 That we may judge and discern whether the English Forces in Ireland were at any time of sufficient strength, to make a full and final Con∣quest of that Land, let us see what ex∣traordinary Armies have been trans∣mitted out of England thither, and what ordinary Forces have been main∣tained there, and what service they have performed from time to time, since the seventeenth year of King Henry the second.

IN that year,* 1.5 Mac Murugh Lord of Leinster, being oppressed by the Lords of Meath and Connaught, and ex∣pelled out of his Territory, moved King Henry the second to invade Ireland, and made an overture unto him for the obtaining of the Soveraign Lordship thereof. The King refused to under∣take the War himself, to avoid the charge (as King Henry the seventh re∣fused to undertake the discovery of the Indies for the same cause) but he gave license by His Letters Patents,* 1.6

that such of his Subjects might pass over into Ireland, as would at their own charge become adventurers in that enterprize.

* 1.7SO as the first attempt to conquer this Kingdom, was but an adventure of a few private Gentlemen. Fitz-Stephen and Fitz-Gerald first brake the ice, with a party of three hundred ninety men. The Earl Strongbow followed them with twelve hundred more, whose good success upon the Sea-coasts of Leinster and Mounster, drew over the King in person the next year after, cum quingen∣tis Militibus,* 1.8 as Giraldus Cambrensis reporteth, who was present in Ireland at that time. Which, if they were but five hundred Souldiers, seemeth too small a train for so great a Prince. But admit they were five hundred Knights, yet because in those days every Knight was not a Commander of a Regiment, or Company,* 1.9 but most of them served as private men, (sometimes a hundred Knights under a Spear) as appeareth by the Lists of the ancient Armies, we

cannot conjecture his army to have been so great, as might suffice to conquer all Ireland, being divided into so many Principalities, and having so many Hy∣draes heads, as it had at that time.

For albeit, Tacitus in the life of Agri∣cola doth report, that Agricola having subdued the greatest part of Great Brit∣tain, did signifie to the Senate of Rome, that he thought Ireland might also be conquered with one Legion, and a few aids: I make no doubt, but that if he had attempted the conquest thereof with a far greater army, he would have found himself deceived in this conjecture. For, a Barbarous Country is not so easily conquered, as a Civil, whereof Caesar had experience in his Wars against the Gau••es, Germanes, and Britaines, who were subdued to the Roman Empire, with far greater dif∣ficulty, than the rich Kingdoms of Asia. And again, a Country possessed with many petty Lords and States, is not so soon brought under en∣tirely, as an entire Kingdom Go∣verned by one Prince or Monarch.

And therefore, the late King of Spain, could sooner win the Kingdom of Por∣tugal, than reduce the States of the Low-Countries.

* 1.10BUt let us see the success of King Henry the Second, doubtless his expedition was such, as he might have said with Caesar, veni, vidi, vici. For, upon his first arrival, his very Presence without drawing his Sword, prevailed so much, as all the Petty-Kings, or great Lords within Leinster, Conaght, and Mounster, submitted themselves unto him, promised to pay him tribute, and acknowledged him their chief and Soveraign Lord. Besides, the better to assure this inconstant Sea-Nymph, who was so easily wonne, the Pope would needs give her unto him with a Ring, Conjugio jungam stabili, propri∣am{que} dicabo. But as the Conquest was but slight and superficial, so the Popes Donation, and the Irish Submissions, were but weak and fickle assurances. For as the Pope had no more Interest in this Kingdom, than He which offered to

Christ all the Kingdoms 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 assu∣rance he could get from so many strong Nations of people, with so weak a power: and yet he was so well pleased with this title of the Lordship of Ireland, as he placed it in his Royal Stile, before the Dutchies of Normandy and Aquitain. And so being advertised of some stirs raised by his unnatural Sons in Eng∣land, within five months after his first arrival, he departed out of Ireland, without striking one blow, or build∣ing one Castle, or planting one Gar∣rison among the Irish, neither left he behind him one true subject more than those he found there at his com∣ing over, which were only the Eng∣lish Adventurers spoken of before, who had gained the Port Towns in Leinster and Mounster, and possessed some scopes of Land thereunto adjoyn∣ing, partly by Strongbow's alliance with the Lord of Leinster, and partly, by plain invasion 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 than is be∣fore expressed, yet is the entire Con∣quest of all Ireland, attributed unto him.

But the troth is, the conquest of Ireland was made by peice and peice, by slow steps and degrees, and by se∣veral attempts, in several ages. There were sundry revolutions, as well of the English fortunes, as of the Irish; some-whiles one prevailing, some-whiles the other, and it was never brought to a full period, till his Maje∣sty that now is, came to the Crown.

As for King Henry the second, he was far from obtaining that Monar∣chy Royal, and true Soveraignty which His Majesty (who now reign∣eth) hath over the Irish. For the I∣rish Lords did only promise to become Tributaries to King Henry the Second. And such as pay on••y Tribute, though they be placed by Bodin,* 1.11 in the first degree of Subjection, are not properly

Subjects but Soveraigns. For, though they be less and inferiour unto the Prince to whom they pay Tribute, yet they hold all other points of Sove∣raignty; and having paid their Tri∣bute, which they promised, to have their peace, they are quit of all other duties, as the same Bodin writeth. And therefore, though King Henry the se∣cond had the title of Soveraign Lord o∣ver the Irish, yet did he not put those things in execution, which are the true marks and differences of Sove∣raignty.

FOr to give Laws unto a people,* 1.12 to institute Magistrates and Officers o∣ver them, to punish and pardon Malefa∣ctors, to have the sole authority of ma∣king war and peace, and the like, are the true marks of Soveraignty; which K. Henry the second had not in the Irish countries, but the Irish Lords did still re∣tain all these prerogatives to themselves.

For they governed their people by the Brehon Law, they made their own Magistrates and Officers, they pardoned

and punished all Malefactors within their several Countries, they made war and peace one with another, without controulment, and this they did, not only during the Reign of King Henry the Second, but afterwards in all times, even until the Reign of Queen Elizabeth: and it appeareth what man∣ner of Subjects these Irish Lords were, by the Concord made between King Henry the Second, and Roderick ô Con∣nor the Irish King of Conaght, in the year 1175.* 1.13 which is recorded by Hove∣den in this form: Hic est finis & Con∣cordia, inter Dominum regem Angliae Henricum, filium Imperatricis, & Ro∣doricum Regem Conactae, scilicet, quod Rex Angliae concessit praedict' Rode∣rico Ligeo homini suo, ut sit Rex sub eo paratus ad servitium suum, ut homo suus, &c. And the Commission, whereby King Henry the Second made William Fitz-Adelme his Lieutenant of Ireland, hath this direction; Archiepiscopis, E∣piscopis, Regibus, Comitibus, Baronibus, & omnibus fidelibus suis in Hibernia, Salutem. Whereby it is manifest, that

he gave those Irish Lords the Title and stile of Kings.

King John likewise did grant divers Charters to the King of Conaght,* 1.14 which remain in the Tower of London. And afterwards in the time of King Henry the Third, we find in the Tower, a grant made to the King of Thomond, in these words. Rex Regi Tosmond salutem. Concessimus vobis terram Tosmond quam prius tenuistis, per firmam centum & triginta marcarum; Tenendum de nobis usque ad aetatem nostram. And in the pipe Rolls remaining in Bremighams Tower, in the Castle of Dublin, upon sundry Accompts of the Seneshall of Ʋlster (when that Earldom was in the Kings hands,* 1.15 by reason of the minority of the Earl) the entry of all such charges as were made upon Oneale, for Rent-Beeves, or for aids towards the main∣tainance of the Kings wars,* 1.16 are in this form. Oneal Regulus 400. vaccas pro ar∣reragio Reddit; Oneal Regulus, 100. ••i. de Auxilio Domini Regis ad guerram su∣am in Wasconia sustinendam. And in one Roll the 36. of Henry the third, O∣neal

Rex, 100 li. de auxilio Domini Regis ad guerram suam in Wallia sustinendam. Which seemed strange to me, that the Kings civil Officer should give him that stile upon Record, unless he meant it in that sense as Maximilian the Emperor did, when speaking of his disobedient Subjects; The Title (said he) of Rex Regum, doth more properly belong to me, than to any mortal Prince, for all my Subjects do live as Kings, they obey me in nothing, but do what they list. And truly, in that sense these Irish Lords might not unfitly be termed Kings. But to speak in proper terms, we must say with the Latin Poet, Qui rex est, Regnum maxime non habeat. But touch∣ing these Irish Kings, I will add this note out of an ancient Manuscript, the black book of Christ-Church in Dublin, Isti Reges non fuerunt ordinati solemni∣tate alicujus ordinis, nec unctionis Sa∣cramento, nec jure haereditario; vel ali∣qua proprietatis successione, sed vi & armis quilibet Regnum suum obtinuit: and therefore they had no just cause to complain, when a stronger King

than themselves, became a King and Lord over them. But let us return to our purpose, and see the proceeding of the Martial affairs.

King Henry the second,* 1.17 being return∣ed into England, gave the Lordship of Ireland unto the Lord John his youngest son, sur-named before that time, Sans Terre. And the Pope con∣firming that gift, sent him a Crown of Pea-cocks, feathers (as Pope Cle∣ment the eighth, sent the Feather of a Phoenix (as he called it) to the Traitor Tirone. (This young Prince the Kings Son, being but twelve years of age, with a train of young Noblemen and Gentlemen, to the number of 300. but not with any main army, came over to take possession of his new Pa∣trimony, and being arrived at Water∣ford, divers Irish Lords (who had sub∣mitted themselves to his father) came to perform the like duty to him. But that youthful company using them with scorn, because their demeanours were but rude and barbarous,* 1.18 they went away much discontented, and

rraised a general rebellion against him. Whereby it was made manifest, that the Submission of the Irish Lords, and the Donation of the Pope, were but slender and weak assurances for a Kingdom.

Hereupon this young Lord was re∣voked, and Sir John de Courcy sent over, not with the Kings Army, but with a company of Voluntaries, in number four hundred, or thereabout. With these he attempted the conquest of Ʋlster, and in four or five encounters, did so beat the Irishry of that Pro∣vince,* 1.19 as that he gained the Maritime Coasts thereof, from the Boyne to the Bann; and thereupon, was made Earl of Ʋlster. So as now the English had gotten good footing in all the Pro∣vinces of Ireland. In the first three Pro∣vinces of Leinster, Mounster, and Co∣naght, part by the Sword, and part by submission and alliance. And lastly, in Ʋlster, by the invasion and victories of Sir John de Courcy.

From this time forward, until the seventeenth year of King John (which was a space of more than 30. years)

there was no army transmitted out of England, to finish the Conquest. How∣beit in the mean time, the English Adventurers and Colonies already planted in Ireland, did win much ground upon the Irish; Namely, the Earl Strongbow, having married the Daughter of Mac Murrogh, in Leinster; the Lacies in Meth; the Geraldines, and other Adventurers in Mounster, the Audleyes, Gernons, Clintons, Russels, and other Voluntaries of Sir John de Courcies retinue, in Ʋlster; and the Bourkes (planted by William Fitz-Adelme) in Co∣naght. 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 Jurisdiction, in Anglia, Wallia, ac illis Hiberniae partibus,* 1.20 in quibus Johannes Moretonii Comes pote∣statem habet & dominium, as it is recor∣ded by Mat. Paris.

King John; in the twelfth year of his Reign, came over again into Ireland: the Stories of that time say, with a

great army, but the certain numbers are not recorded: yet it is credible, in regard of the troubles wherewith this King was distressed in England, that this army was not of sufficient strength to make an entire Conquest of Ireland;* 1.21 and if it had been of sufficient strength, yet did not the King stay a sufficient time to perform so great an action, for he came over in June, and returned in September, the same year. Howbeit in that time, the Irish Lords for the most part, sub∣mitted themselves to him, as they had done before to his Father: which was but a mear mockery and imposture. For his back was no sooner turned, but they returned to their former Rebellion: and yet this was reputed a second Conquest. And so this King giving order for the building of some Castles upon the Bor∣ders of the English Colonies, left be∣hind him the Bishop of Norwich, for the civil Government of the Land; but he left no standing army to pro∣secute the conquest: only the English Colonies which were already planted, were left to themselves to maintain

what they had got, and to gain more if they could.

The personal presence of these two great Princes, King Henry the se∣cond, and King John, though they performed no great thing with their armies, gave such countenance to the English Colonies, which encreased daily by the coming over of new Voluntaries and Adventurers out of England, as that they enlarged their Territories very much. Howbeit after this time the Kings of England, either be∣cause they presumed that the English Colonies were strong enough to root out the Irish by degrees, or else be∣cause they were diverted or disa∣bled otherwise (as shall be decla∣red hereafter) never sent over any Royal army, or any numbers of men worthy to be called an army into Ireland, untill the thirty sixth year of King Edward the third, when Lionel Duke of Clarence, the Kings second Son, having married the Daughter and Heir of Ʋlster, was sent over with an extraordinary power in re∣spect

of the time (for the wars be∣twixt England and France, were then in their heat) as well to recover his Earldom of Ʋlster, which was then over-run and possest by the Irish, as to reform the English Colonies, which were become strangely degenerate throughout the whole Kingdom.

FOr though King Henry the Third, gave the whole Land of Ire∣land to Edward the Prince,* 1.22 his eldest Son, and his Heirs, Ita quod non Se∣paretur a Corona Angliae. Whereupon it was styled the Land of the Lord Ed∣ward, the Kings eldest Son: and all the Officers of the Land, were called the Officers of Edward Lord of Ire∣land; and though this Edward were one of the most active Princes that ever lived in England, yet did he not either in the life time of his father, or during his own Raign, come over in person, or transmit any army into Ireland, but on the other side, he drew sundry aids and supplies of men

out of Ireland, to serve him in his wars in Scotland, Wales, and Gascoigne. And again, though King Edward the Second sent over Piers Gaveston with a great retinue, it was never intended he should perfect the Conquest of Ireland; for the King could not want his compa∣ny so long a time, as must have been spent in the finishing of so tedious a work.

So then, in all that space of time,* 1.23 between the twelfth year of King John, and the 36. year of King Ed∣ward the Th••rd, containing 150. years, or thereabouts, although there were a continual bordering war between the English and the Irish, there came no Royal Army out of England, to make an end of the War. But the chief Governors of the Realm, who were at first called Custodes Hiberniae; and afterwards Lords Justices, and the English Lords, who had gotten so great possessions and Royalties, as that they presumed to make war and peace without direction from the State, did levy all their forces within the land. But

those forces were weakly supplied, and ill governed, as I said before. Weakly sup∣plyed with men and Mony; and govern∣ed with the worst Discipline that ever was seen among men of war. And no marvel, for it is an infallible rule, that an army ill paid, is ever unruly, and ill govern∣ed. The standing forces here, were sel∣dom or never re-enforced out of England, and such as were either sent from thence, or raised here, did com∣monly do more hu••t and damage to the English Subjects, than to the Irish enemies, by their continual Sess and Extortion. Which mischief did arise, by reason that little or no Treasure was sent out of England, to pay the sol∣diers wages: Only the Kings reve∣nue in Ireland was spent, and wholly spent in the publick service; and therefore,* 1.24 in all the ancient Pipe-Rols in the times of Henry the Third, Edward the first, Edward the second, and Edward the third, between the Receipts and allowances, there is this entrie; In Thesauro nihil. For the Officers of the State and the Army, spent a••l▪ so, as

there was no surplusage of Treasure, and yet that All was not sufficient. For in default of the Kings pay, as well the ordinary Forces which stood continual∣ly, as the extraordinary, which were levied by the chief Governor, upon journeys, and general hoastings, were for the most part laid upon the poor subject descended of English race; how∣beit this burthen 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, being chief Commander of the Army against the Scots, began that wicked extortion of Coigne and Livery, and pay; that is, He and his Army took Horse meat and Mans meat, and money,* 1.25 at their plea∣sure, without any Ticket, or other sa∣tisfaction. And this was after that time, the general fault of all the Governors and Commanders of the Army in this Land. Onely the Golden saying of Sir Thomas Rookesby,* 1.26 who was Justice in the thirtieth year of King Edward the third, is recorded in all the Annales

of this Kingdom, That he would eat in wodden dishes, but would pay for his meat Gold and Silver. Besides, the English Colonies being dispersed in every Pro∣vince of this Kingdom, were enforced to keep continual guards upon the Borders and Marches round about them; which Guards, consisting of idle Souldiers, were likewise imposed as a continual burthen upon the poor Eng∣glish Freeholders, whom they oppressed and impoverished in the same manner.* 1.27 And because the great English Lords and Captains had power to impose this charge, when, and where they pleased, many of the poor Freeholders, were glad to give unto 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 intolerable oppression, did utterly quit their freeholds, and returned into Eng∣land. By this mean, the English Colo∣nies grew poor and weak, though the English Lords grew rich and mighty: for they placed Irish Tenants upon the Lands relinquished by the English; up∣on

them they levied 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 appa∣rel, in their arms and manner of fight, and all other Customes of life whatso∣ever.

By this it appeareth, why the extor∣tion of Coigne and Livery,* 1.28 is called in the old Statutes of Ireland, A damnable custom; and the imposing and taking thereof, made High Treason. And it is said in an ancient Discourse, Of the De∣cay of Ireland, that though it were first invented in Hell, yet if it had been used and practised there, as it hath been in Ireland, it had long since destroyed the very Kingdom of Belzebub. In this manner was the War of Ireland carried, before the coming over of Lionel Duke of Clarence.

This young Prince, being Earl of Ʋlster, and Lord of Conaght, in right of his wife (who was daughter and Heir of the Lord William Bourk, the

last Earl of Ʋlster of that Family, slain by treachery at Knockefergus) was made the Kings Lieutenant of Ireland,* 1.29 and sent over with an Army, in the six and thirtieth year of King Edward the third. The Roll and List of which Army, doth remain of Record in the Kings Remem∣brancers Office in England (in the press de Rebus tangentibus Hiberniam) and doth not contain above fifteen hundred men by the Poll; which because it differs somewhat f••om the manner of this age, both in respect of the Com∣mand, and the Entertainment, I think it not impertinent to take a brief view thereof.

The Lord Lionel was General, and under him Raulf Earl of Stafford, James Earl of Ormond, Sir John Carew Banne∣ret, Sir William Winsor, and other Knights were Commanders.

The entertainment of the General upon his first arrival, was but six shil∣lings eight pence per diem, for himself; for five Knights, two shillings a piece, per diem; for sixty four Esquires, twelve pence a piece, per diem; for 70 Archers,

six pence a piece, per diem. But being shortly after created Duke of Clarence, (which honour was conferred upon him being here in Ireland) his entertain∣ment was raised to thirteen shillings four pence per diem, for himself, and for eight Knights, two shillings a piece per diem, with an encrease of the number of his Archers, viz. three hundred and sixty Archers on horseback, out of Lan∣cashire, at six pence a piece per diem; and twenty three Archers out of Wales, at two pence a piece per diem.

The Earl of Staffords entertainment, was for himself six shillings eight pence per diem; for a Banneret, four shillings per diem; for seventeen Kn••ghts, two shillings a piece per diem; for seventy eight Esquires, twelve pence a piece per diem; for one hundred Archers on Horseback, six pence a piece per diem. Besides, he had the command of four and twenty Archers out Staffordshire, fourty Archers out of Worcestershire, and six Archers out of Shropshire, at four pence a piece per diem.

The entertainment of James Earl of

Ormond, was for himself four shillings per diem; for two Knights, two shillings a piece per diem; for seven and twenty Esquires twelve pence a piece per diem; for twenty Hoblers armed (the Irish Horsemen were so called, because they served on Hobbies) six pence a piece per diem, and for twenty Hoblers not armed, four pence a piece per diem.

The entertainment of Sir John Carew Banneret, was for himself four shillings per diem; for one Knight, two shillings per diem; for eight Esquires, twelve pence a piece, per diem; for ten Ar∣chers on Horseback, six pence a piece per diem.

The entertainment of Sir William Winsore, was for himself two shillings per diem; for two Knights, two shillings a piece per diem; for forty nine Squires twelve pence a piece per diem; for six Archers on Horseback, six pence a piece per diem.

The like entertainment rateably, were allowed to divers Knights and Gentlemen upon that List, for them∣selves, and their several retinues,

whereof some were greater, and some less, as they themselves could raise them among their Tenents and Fol∣lowers.

FOr in ancient times,* 1.30 the King him∣self did not levy his Armies by his own immediate Authority or Commis∣sion, but the Lords and Captains did by Indenture Covenant with the King, to serve him in his Wars with certain numbers of men, for certain wages and entertainments, which they raised in greater or less numbers, as they had fa∣vour or power with the people. This course hath been changed in latter times upon good reason of State: For the Barons and Chief Gentlemen of the Realm, having power to use the Kings Prerogative in that point, became too po∣pular; whereby they were enabled to raise Forces even against the Crown it self, which since the Statutes made for levying and mustering of Souldiers by the Kings special Commission, t••ey cannot so easily perform, if they should forget their du∣ties.

* 1.31THis Lord Lieutenant, with this small Army, performed no great service; and yet upon his coming over, all men who had Land in Ireland, were by Proclamation remanded back out of England thither, and both the Clergy and Laity of this Land,* 1.32 gave two years profits of all their Lands and Tythes, towards the maintenance of the War here: onely he suppressed some Rebe••s in low Leinster, and recovered the Mari∣time parts of his Earldome of Ʋlster. But his best service did consist in the well-governing of his Army, and in holding that famous Parliament at Kil∣kenny; wherein the extortion of the Souldier, and the degenerate manners of the English (briefly spoken of be∣fore) were discovered, and Laws made to reform the same: which shall be de∣clared more at large hereafter.

* 1.33THe next Lieutenant, transmitted with any Forces out of England, was Sir William Winsore; who in the 47 year of King Edward the third, under∣took

the Custody, not the Conquest of this Land (for now the English made rather a Defensive than an Invasive war) and withal, to defray the whole charge of the Kingdom, for eleven thou∣sand two hundred thirteen pounds, six shillings and eight pence, as ap∣peareth by the Indenture between him and the King, remaining of Record in the Tower of London.* 1.34 But it ap∣peareth by that which Froissard report∣eth, that Sir William Winsore was so far from subduing the Irish, as that him∣self reported,* 1.35 That he could never have access to understand and know their Countries, albeit he had spent more time in the service of Ireland, than any Englishman then living.

AND here I may well take occasi∣on,* 1.36 to shew the vanity of that which is reported in the Story of Wal∣singham, touching the Revenue 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 second, writeth thus,

Cum Rex Angliae illusiris,* 1.37 Edwardus terti∣us illic posuisset Bancum suum at{que} Judices, cum Scaccario, percepit inde ad Regalem Fis••um annuatim triginta millia librarum; modò propter absentiam ligeorum, & hosti∣um potentiam, nihil inde venit: sed Rex per annos singulos, de suo Marsupio, terrae defensoribus solvit Triginta millia marca∣rum, ad regni sui dedecus & fisci gravis∣simum detrimentum.

If this Writer had known, that the Kings Courts had been established in Ireland, more than a hundred years be∣fore King Edward the third was born, or had seen either the Parliament Rolls in England, or the Records of the Receipts and Issues in Ireland, he had not left this vain report to posteri∣ty. For both the Benches and the Ex∣chequer were erected in the twelfth year of King John.* 1.38 And it is recorded in the Parliament Rolls of 21 of Edward the third, remaining in the Tower, that the Commons of England made pe∣tition that it might be enquired, why the King received no benefit of his Land of Ireland, considering he possessed

more there, than any of his Ancestors had before him. Now, if the King at that time, when there were no standing Forces maintained there, had received Thirty thousand pound yearly at his Exchequer in Ireland, he must needs have made profit by that Land, consi∣dering that the whole charge of the Kingdom in the 47 year of Edward the third (when the King did pay an Army there) did amount to no more than Eleven thousand and two hun∣dred pounds per annum,* 1.39 as appeareth by the Contract of Sir William Win∣sore.

Besides, it is manifest by the Pipe-Rolls of that time, whereof many are yet preserved in Breminghams Tower; and are of better credit than any Monks story,* 1.40 that during the Reign of King Edward the third, the Revenue of the Crown of Ireland, both certain and casual, did not rise unto Ten thou∣sand pound per annum, though the Me∣dium be taken of the best seven years that are to be found in that Kings time.* 1.41 The like Fable hath Hollings∣head

touching the Revenue of the Earl∣dom of Ʋlster; which (saith he) in the time of King Richard the second was thirty thousand Marks by the year; whereas in truth, though the Lordships of Conaght and Meath (which were then parcel of the inheritance of the Earl of Ʋlster) be added to the ac∣compt, the Revenue of that Earldom came not to the third part of that he writeth. For the Accompt of the pro∣fits of Ʋlster yet remaining in Breming∣hams Tower, made by William fitz-Warren,* 1.42 Seneshal and Farmour of the Lands in Ʋlster, seized into the Kings hands after the death of Walter de Burgo, Earl of Ʋlster, from the fifth year of Edward the third, until the eight year, do amount but to nine hun∣dred and odde pounds, at what time the Irishry had not made so great an invasi∣on upon the Earldome of Ʋlster, as they had done in the time of King Ri∣chard the second.

As vain a thing it is, that I have seen written in an ancient Manuscript, touching the Customs of this Realm

in the time of King Edward the third, that those duties in those days should yearly amount to Ten thousand Marks, which by mine own search and view of the Records here, I can justly con∣trol. For upon the late reducing of this ancient Inheritance of the Crown, which had been detained in most of the Port-Towns of this Realm, for the space of a hundred years and up∣wards, I took some pains (according to the duty of my place) to visit all the Pipe-Rolls, wherein the Accompts of Customs are contained, and found those duties answered in every Port, for two hundred and fifty years toge∣ther, but did not finde that at any time they did exceed a thousand pound per annum; and no marvel, for the subsidy of Pondage was not then known, and the greatest profit did arise by the Cocquet of Hides; for Wool, and Wool-fels were ever of little value in this Kingdom.

But now again let us see how the Martial affairs proceeded in Ireland. Sir William Winsor continued his govern∣ment

till the latter end of the Reign of King Edward the third, keeping, but not enlarging, the English borders.

* 1.43IN the beginning of the Reign of King Richard the second, the State of Eng∣land began to think of the recovery of Ireland: For then was the first Statute made against Absentes, commanding all such as had Land in Ireland, to return and reside thereupon, upon pain to for∣feit two third parts of the profit there∣of. Again, this King, before himself in∣tended to pass over, committed the Go∣vernment of this Realm to such great Lords successively, as he did most love and favour: First, to the Earl of Oxford, and chief Minion, whom he created Mar∣quess of Dublin, and Duke of Ireland: next to the Duke of Surry, his half Bro∣ther: and lastly, to the Lord Mortimer, Earl of March and Ʋlster, his Cosin and Heir apparent.* 1.44

Among the Patent Rolls in the Tower, the ninth year of Richard the second, we find five hundred men at Arms at twelve pence a piece per diem, and a thousand

Archers at six pence a piece, per diem, appointed for the Duke of Ireland, Super Conquestu illius terrae per duos an∣nos: For those are the words of that Record; But for the other two Lieu∣tenants, I do not find the certain num∣bers, whereof their Armies did con∣sist. But certain it is, that they were scarce able to defend the English bor∣ders, much less to reduce the whole Island. For one of them; namely, the Earl of March, was himself slain up∣on the borders of Meath; for revenge of whose death, the King himself made his second voyage into Ireland, in the last year of his Reign. For his first voyage in the eighteenth year of his Reign, (which was indeed a Voyage-Royal) was made upon another mo∣tive and occasion, which was this;* 1.45 Upon the vacancy of the Empire, this King having married the King of Bo∣hemiahs Daughter (whereby he had great alliance in Germany) did by his Ambassadors solicite the Princes Ele∣ctors to choose him Emperor:* 1.46 but another being elected, and his Ambas∣sadors

returned, he would needs know of them the cause of his repulse in that Competition: They told him plainly, that the Princes of Germany did not think him fit to Command the Empire, who was neither able to hold that which his Ancestors had gained in France, nor to rule his inso∣lent Subjects in England, nor to Ma∣ster his Rebellious people of Ireland. This was enough to kindle in the heart of a young Prince, a desire to perform some great enterprize. And therefore finding it no fit time to at∣tempt France, he resolved to finish the Conquest of Ireland; and to that end, he levied a mighty Army, consisting of four thousand men at Arms, and thirty thousand Archers, which was a suffici∣ent power to have reduced the whole Island, if he had first broken the Irish with a War, and after established the English Laws among them, and not have been satisfied with their light submissions onely, wherewith, in all ages they have mockt and abused the State of England. But the Irish Lords

knowing this to be a sure pollicy to dis∣solve the forces, which they were not able to resist (for their Ancestors had put the same trick and imposture upon King John, and King Henry the second) as soon as the King was arrived with his army, which he brought over under S. Edwards Banner (whose name was had in great veneration amongst the I∣rish) they all made offer to submit themselves.* 1.47 Whereupon the Lord Thomas Mowbray, Earl of Nottingham,* 1.48 and Marshal of England, was authorized by special Commission, to receive the homages and Oaths of fidelity, of all the Irishry of Leinster. And the King himself having received humble Let∣ters from Oneal, (wherein he stileth himself Prince of the Irishry in Ʋlster, and yet acknowledgeth the King to be his Soveraign Lord, & perpetuus Do∣minus Hiberniae) removed to Droghedah, to accept the like submissions from the Irish of Ʋlster. The Men of Leinster, namely, Mac Murrogh, O Byrne, O Moore, O Murrogh, O Nolan, and the chief of the Kinshelaghes, in an humble and solemn

manner did their homages, and made their Oaths of fidelity to the Earl Marshal, laying aside their girdles, their skeins and their Caps, and falling down at his feet upon their knees. Which when they had performed, the Earl gave unto each of them, Osculum pacis.

Besides they were bound by several Indentures, upon great pains to be paid to the Apostolick Chamber, not only to continue loyal subjects, but that by a certain day prefixed, they and all their Sword-men, should clearly relinquish and give up unto the King and his successors all their Lands and possessions which they held in Leinster, and (taking with them only their moveable goods) should serve him in his wars against his other Rebels. In consideration whereof; the King should give them pay and pensions during their lives, and bestow the inheritance of all such Lands upon them, as they shou••d recover from the Rebels, in any other part of the Realm. And there∣upon, a pension of eighty Marks per annum, was granted to Art' Mac Mur∣rogh,

chief of the Kavanaghes; the en∣roulment whereof, I found in the White book of the Exchequer here. And this was the effect of the service performed by the Earl Marshal, by ver∣tue of his Commission. The King in like manner received the submissions of the Lords of Ʋlster, namely; O Neal, O Hanlon, Mac Donel, Mac Mahon, and others; who with the like Humility and Ceremony, did homage and fealty to the Kings own person; the words of O Neales homage, as they are record∣ed are not unfit, to be remembred: Ego Nelanus Oneal Senior tam pro meipso, quam pro filiis meis, & tota Natione mea & Pa∣rentelis meis, & pro omnibus subditis meis devenio Ligeus homo vester, &c. And in the Indenture between him and the King, he is not only bound to re∣main faithful to the Crown of England, but to restore the Bonaght of Ʋlster, to the Earl of Ʋlster, as of right belong∣ing to that Earldom, and usurped a∣mong other things by the Oneals.

These Indentures and submissions, with many other of the same kind,

(for there was not a Chieftain or head of an Irish sept, but submitted himself in one form or other) the King himself caused to be inrolled and testified by a Notary publick, and delivered the en∣rolments with his own hands to the Bishop of Salisbury, then Lord Treasu∣rer of England, so as they have been preserved, and are now to be found in the Office of the Kings Remembrance•• there.

With these humilities they satisfied the young King, and by their bowing and bending, avoided the present storm, and so brake that Army, which was prepared to break them. For the King having accepted their submissions, re∣ceived them in Osculo pacis, feasted them, and given the honor of Knight∣hood to divers of them, did break up and dissolve his army, and returned into England with much honor, and small pro∣fit, (saith Froissard.) For though he had spent a huge mass of Treasure in tran∣sporting his army, by the countenance whereof he drew on their submissions, yet did he not encrease his revenue

thereby one sterling pound, nor enlarg∣ed the English borders the bredth of one Acre of Land; neither did he ex∣tend the Jurisdiction of his Courts of Justice one foot further than the Eng∣lish Colonies, wherein it was used and exercised before. Besides, he was no sooner returned into England, but those Irish Lords laid aside their masks of humility, and scorning the weak forces which the King had left behind him, began to infest the borders; in defence whereof, the Lord Roger Mortimer being then the Kings Lieutenant, and Heir apparent to the Crown of Eng∣land, was slain, as I said before. Where∣upon the King being moved with a just appetite of revenge, came over again in person, in the 22. year of his Reign, with as potent an army, as he had done before, with a full purpose to make a full Conquest of Ireland: he landed at Waterford, and passing from thence to Dublin, through the wast Countries of the Murroghes, Kin∣shelaghes, Cauanaghes, Birnes, and Tooles, his great army was much distressed

for want of victuals and carriages, so as he performed no memorable thing in that journey; only in the Ca∣vanaghes Country, he cut and cleared the paces, and bestowed the honour of Knighthood upon the Lord Henry, the Duke of Lancasters son, who was afterwards King Henry the fifth, and so came to Dublin,* 1.49 where entring into Counsel how to proceed in the war, he received news out of England, of the arrival of the banished Duke of Lan∣caster at Ravenspurgh, usurping the Regal authority, and arresting and put∣ting to death his principal Officers.

This advertisement suddainly brake off the Kings purpose touching the prosecution of the war in Ireland, and transported him into England, where shortly after he ended both his Reign and his life. Since whose time, until the 39. year of Queen Elizabeth, there was never any Army sent ••ver of a Competent strength or power to sub∣due the Irish, but the war was made by the English Colonies, only to de∣fend their borders; or if any forces

were transmitted over, they were sent only to suppress the rebellions of such as were descended of English race, and not to enlarge our Dominion over the Irish.

DUring the Raign of King Henry the Fourth,* 1.50 the Lord Thomas of Lancaster, the Kings second Son,* 1.51 was Lieutenant of Ireland, who for the first eight years of that Kings Reign, made the Lord Scroope, and others his De∣puties, who only defended the Marches with forces levyed within the Land. In the eighth year that Prince came o∣ver in person with a smal retinue. So as wanting a sufficient power to at∣tempt or perform any great service, he returned within seven moneths after into England. Yet during his personal abode there, he was hurt in his own person within one mile of Dublin, upon an incounter with the Irish enemy. He took the submissions of O Birne of the Mountains, Mac Mahon, and O Rely,* 1.52 by several Indentures, wherein O Birne doth Covenant, that the King shall

quietly enjoy the Mannor of New-Castle; Mac Mahon accepteth a State in the Ferny for life, rendering ten pound a year; and O Rely doth promise to perform such duties to the Earl of March and Ʋlster, as were contained in an Indenture dated the 18. of Richard the second.

* 1.53IN the time of K. Henry the fifth, there came no forces out of England.* 1.54 How∣beit the Lord Furnival being the Kings Lieutenant, made a martial circuit, or journey, round about the Marches and Borders of the pale,* 1.55 and brought all the Irish to the Kings peace, beginning with the Birnes, Tooles, and Caua∣naghes on the South, and so passing to the Moores, O Connors, and O Forals in the West; and ending with the O Re∣lies, Mac Mahons, O Neales, and O Han∣lons in the North. He had power to make them seek the Kings peace, but not power to reduce them to the O∣bedience of Subjects: yet this was then held so great and worthy a ser∣vice, as that the Lords and chief Gen∣tlemen

of the Pale, made certificate thereof in French unto the King, be∣ing then in France: which I have seen Recorded in the White Booke, of the Exchequer at Dublin. Howbeit his Ar∣my was so ill paid and governed, as the English suffered more damage by the Sess of his Souldiers (for now that Monster (Coigne, and Livery) which the Statute of Kilkenny had for a time abolished, was risen again from hell) than they gained profit or se∣curity, by abating the pride of their e∣nemies for a time.

DUring the minority of King Henry the sixth,* 1.56 and for the space of seven or eight years after, the Lieutenants and Deputies made only a bordering war upon the Irish, with small and scat∣tered forces; howbeit because there came no Treasure out of England to pay the Sou••dier, the poor English Subject, did bear the burthen of the men of war in every place, and were thereby so weakned and impoverished, as the State of things in Ireland, stood very despe∣rately.

Whereupon, the Cardinal of Win∣chester (who after the death of Humfrey Duke of Glocester, did wholly sway the State of England) being desirous to place the Duke of Somerset, in the Re∣gency of France,* 1.57 took occasion to remove Richard Duke of York from that Government, and to send him in∣to Ireland, pretending that he was a most able and willing person, to per∣form service there, because he had a great inheritance of his own in Ire∣land; namely, the Earldom of Ʋlster, and the Lordships of Conaght and Meth, by discent from Lionel Duke of Cla∣rence.

We do not finde that this great Lord came over with any numbers of waged Souldiers, but it appeareth upon what good terms he took that Go∣vernment, by the Covenants be∣tween the King and him, which are recorded and confirmed by Act of Par∣liament in Ireland,* 1.58 and were to this effect.

1. That he should be the Kings Lieu∣tenant of Ireland, for ten years.

2. That to support the charge of that Country, he should receive all the Kings Revenues there, both certain and casu∣al, without accompt.

3. That he should be supplyed also with treasure out of England, in this manner; he should have four thousand Marks for the first year, whereof he should be imprested 2000. li. before hand; and for the other nine years, he should receive 2000. li. per annum.

4. That he might Let to Ferm the Kings Lands, and place and dis-place all Officers at his pleasure.

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

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

We cannot presume that this Prince kept any great army on foot, as well because his means out of England were so mean, and those ill paid, as appear∣eth by his passionate letter written to the Earl of Salisbury his Brother

in Law;* 1.59 the Copy whereof, is Regi∣stred in the Story of this time: as also because the whole Land, except the English Pale, and some part of the Earldome of Ʋlster, upon the Sea-Coasts, were possest by the Irish. So as the Revenue of the Kingdom, which he was to receive, d••d amount to little. He kept the borders and Mar∣ches of the Pale with much adoe; he held many Parliaments, wherein sun∣dry Laws were made, for erecting of Castles in Louth, Meath and Kildare, to stop the incursions of the Irishry. And because the Souldiers for want of pay were sessed and laid upon the Subjects against their wills; upon the prayer and importunity of the Com∣mons, this extortion was declared to be High-Treason.* 1.60 But to the end, that some means might be raised to nou∣rish some forces for defence of the Pale, by another Act of Parliament, every twenty pound Land was charged with the furnishing and maintenance of one Archer on horseback,

Besides, the native subjects of Ire∣land

seeing the Kingdom utterly rui∣ned,* 1.61 did pass in such numbers into England, as one Law was made in Eng∣land, to transmit them back again; and another Law made here to stop their passage in every Port and Creek.* 1.62 Yet afterwards, the greatest parts of the Nobility and Gentry of Meth, past over into England, and were slain with him at Wakefield in Yorkshire.

Lastly, the State of England was so farr from sending an army to sub∣due the Irish at this time, as among the Articles of grievances exhibited by the Duke of Yorke against King Henry the sixth, this was one;* 1.63 That divers Lords about the King, had caused his Highness to write Letters unto some of his Irish enemies; whereby they were encouraged to attempt the con∣quest of the said Land. Which Let∣ters, the same Irish enemies had sent unto the Duke; marvailing greatly, that such Letters should be sent unto them, and speaking therein great shame of the Realm of England.

After this, when this great Lord

was returned into England, and ma∣king claim to the Crown, began the War betwixt the two Houses; It cannot he conceived, but that the Kingdom fell into a worse and weaker estate.

* 1.64WHen Edward the fourth was set∣led in the Kingdome of Eng∣land, he made his Brother George Duke of Clarence, Lieutenant of Ireland. This Prince was born in the Castle of Dub∣lin, during the Government of his fa∣ther the Duke of York; yet did he never pass over into this Kingdom, to govern it in person, though he held the Lieutenancy many years. But it is manifest, that King Edward the fourth did not pay any Army in Ire∣land during his Reign; but the Men of War did pay themselves by taking Coigne and Livery upon the Coun∣try:* 1.65 which extortion grew so excess∣sive and intolerable,* 1.66 as the Lord Tip∣toft being Deputy to the Duke of Cla∣rence, was enforced to execute the Law upon the greatest Earl in the

Kingdom; namely, Desmond; who lost his head at Droghedagh for this of∣fence. Howbeit,* 1.67 that the State might not seem utterly to neglect the de∣fence of the Pale, there was a frater∣nity of men at armes, called the Bro∣ther-hood of St. George, erected by Par∣liament, the 14. of Edward the fourth, consisting of thirteen the most Noble and worthy persons within the four shires.* 1.68 Of the first foundation, were Thomas Earl of Kildare, Sir Rowland Eustace, Lord of Port-lester, and Sir Robert Eustace for the County of Kil∣dare, Robert Lord of Howth, the Mayor of Dublin, and Sir Robert Dowdal, for the County of Dublin; the Viscount of Gormanston, Edward Plunket, Senesha I of Meth; Alexander Plunket, and Bar∣nabe Barnewale, for the County of Meth, the Mayor of Droghedagh, Sir Lawrence Taaffe, and Richard Bellewe, for the County of Lowth. These and their Successors, were to meet yearly up∣on St. Georges day; and to choose one of themselves to be Captain of that Brother-hood, for the next year to

come. Which Captain, should have at his command, 120. Archers on horse∣back, forty horsemen, and forty Pa∣ges, to suppress Out-laws and rebels. The wages of every Archer, should be six pence, Per diem; and every Horseman, five pence, Per diem; and four marks, Per annum. And to pay these entertainments, and to maintain this new fraternity, there was granted un∣to them by the same Act of Parliament a subsidy of Poundage, out of all Mar∣chandizes exported or imported tho∣roughout the Realm (hydes, and the goods of Free-men of Dublin and Drog∣hedah only excepted. (These 200. men were all the standing forces that were then maintained in Ireland. And as they were Natives of the Kingdom, so the Kingdom it self did pay their wages without expecting any treasure out of England.

* 1.69BUt now the wars of Lancaster and York being ended, and Henry the seventh being in the actual and peace∣able possession of the Kingdom of

England, let us see if this King did send over a Competent Army to make a per∣fect Conquest of Ireland. Assuredly, if those two Idols or Counterfeits which were set up against him in the begin∣ning of his Reign, had not found foot∣ing and followers in this Land, King Henry the seventh had sent neither Horse nor Foot hither, but let the Pale to the Guard and defence of the Fra∣ternity of Saint George, which stood till the tenth year of his Reign. And therefore, upon the erection of the first Idol,* 1.70 which was Lambert the Priests Boy, he transmitted no Forces, but sent over Sir Richard Edgecomb, with Com∣mission to take an Oath of Allegiance of all the Nobility, Gentry, and Citi∣zens of this Kingdom; which service he performed fully, and made an ex∣act return of his Commission to the King. And immediately after that, the King sent for all the Lords of Parlia∣ment in this Realm;* 1.71 who repairing to his presence, were first in a Kingly man∣ner reproved by him; for among other things he told them, that if their King

were still absent from them, they would at length Crown Apes; but at last entertained them, and dismissed them graciously. This course of clemency he held at first. But after, when Perkin Warbeck, who was set up, and fo••low∣ed chiefly by the Giraldines in Leinster, and Citizens of Cork in Munster; to sup∣press this Counterfeit, the King sent over Sir Edward Poynings,* 1.72 with an Army (as the Histories call it) which did not consist of a thousand men by the Poll; and yet it brought such terror with it, as all the Adherents of Perkin Warbeck were scattered,* 1.73 and retired for succour into the Irish Countreys: to the Marches whereof, he marched with his weak Forces, but eft-soons returned, and held a Parliament.* 1.74 Wherein among many good Laws, one Act was made, That no Subject should make any War or Peace within the Land, without the special Licence of the Kings Lieutenant or De∣puty. A manifest argument, that at that time the bordering Wars in this Kingdom, were made altogether by Voluntaries, upon their own head,

without any pay or entertainment, and without any Order or Commission from the State.* 1.75 And though the Lords and Gentlemen of the Pale, in the nineteenth of year of this Kings Reign, joyned the famous Battel of Knocktow in Conaght;* 1.76 wherein Mac William with four thou∣sand of the Irish, and degenerate Eng∣glish were slain; yet was not this jour∣ney made by Warrant from the King, or upon his charge (as it is expressed in the Book of Howth) but onely upon a private quarrel of the Earl of Kildare: so loosly were the Martial affairs of Ireland carried, during the Reign of King Henry the seventh.

IN the time of King Henry the eighth,* 1.77 the Earl of Surrey, Lord Admiral,* 1.78 was made Lieutenant; and though he were the greatest Captain of the Eng∣lish Nation then living; yet brought he with him rather an honorable Guard for his person, than a competent Army to recover Ireland.* 1.79 For he had in his Re∣tinue, two hundred tall Yeomen of the Kings Guard: But because he wanted

means to perform any great action, he made means to return the sooner: yet in the mean time he was not idle, but passed the short time he spent here, in holding a Parliament, and divers jour∣neys against the Rebels of Leinster; in∣somuch as he was hurt in his own per∣son, upon the borders of Leix. After the revocation of this honourable per∣sonage, King Henry the eighth, sent no Forces into Ireland, till the Rebellion of the Giraldines, which hapned in the seven and twentieth year of his Reign. Then sent he over Sir William Skeving∣ton, with five hundred men, onely to quench that fire, and not to enlarge the border, or to rectifie the Government. This Deputy dyed in the midst of the service,* 1.80 so as the Lord Leonard Gray was sent to finish it: Who arriving with a supply of two hundred men, or there∣abouts, did so prosecute the Rebels, as the Lord Garret their Chieftain, and his five Uncles, submitted themselves unto him, and were by him transmitted into England.

But this service being ended, that

active Nobleman with his little Army, and some aids of the Pale, did often∣times repel O Neal, and O Donel, at∣tempting the invasion of the Civil Shires, and at last made that prosperous fight at Belahoo, on the Confines of Meath;* 1.81 the memory whereof, is yet famous, as that he defeated (well-nigh) all the power of the North;* 1.82 and so quieted the border for many years.

Hitherto then it is manifest, that since the last transfretation of King Richard the second, the Crown of England ne∣ver sent over, either numbers of men, or quantities of treasure, sufficient to defend the small Territory of the Pale, much less to reduce that which was lost, or to finish the Conquest of the whole Island.

After this, Sir Anthony S. Leger,* 1.83 was made chief Governor, who performed great service in a Civil course,* 1.84 as shall be expressed hereafter. But Sir Edward Bellingham, who succeeded him, pro∣ceeded in a Martial course against the Irishry, and was the first Deputy, from the time of King Edward the third, till

the Reign of King Edward the sixth, that extended the border beyond the limits of the English Pale, by beating and breaking the Moors and Connors, and building the Forts of Leix and Offa∣ly. This service he performed with six hundred horse; the monethly charge whereof, did arise to seven hundred and seventy pound. And four hundred foot, whose pay did amount to four hundred and forty six pound per mensem;* 1.85 as appeareth upon the Treasurers Ac∣compt, remaining in the Office of the Kings Remembrancer in England. Yet were not these Countreys so fully re∣covered by this Deputy, but that Tho∣mas Earl of Sussex did put the last hand to this work;* 1.86 and rooting out these two rebellious Septs, planted English Colonies in their rooms, which in all the tumultuous times since, have kept their Habitations, their Loyalty, and Religion.

* 1.87And now are we come to the time of Queen ELIZABETH, who sent over more men, and spent more trea∣sure to save and reduce the Land of

Ireland, than all her Progenitors since the Conquest.

DUring her Reign,* 1.88 there arose three notorious and main Rebellions, which drew several Armies out of Eng∣land. The first of Shane O Neal; the second, of Desmond; the last of Ty∣rone; (for the particular insurrections of the Viscount Baltinglass, and Sir Ed∣mund Butler; the Moors; the Cavanaghes; the Birnes, and the Bourkes of Conaght, were all suppressed by the standing Forces here.)

To subdue Shane O Neal,* 1.89 in the height of his Rebellion, in the year, 1566. Captain Randal transported a Regiment of one thousand men into Ʋlster, and planted a Garrison at Loughfo••le. Be∣fore the coming of which supply (viz.) in the year 1565. the List of the stand∣ing Army of Horse and foot, Eng••ish and Irish, did not exceed the number of twelve hundred men, as appeareth by the Treasurers Accompt of Ireland,* 1.90 now remaining in the Exchequer of England. With these Forces did Sir

Henry Sidney (then Lord Deputy) march into the farthest parts of Tirone, and joyning with Captain Randal, did much distress (but not fully defeat) O Neal, who was afterwards slain upon a meer accident by the Scots, and not by the Queens Army.

* 1.91TO prosecute the Wars in Munster, against Desmond and his Adherents, there were transmitted out of England at several times, three or four thou∣sand men, which together, with the standing Garrisons, and some other sup∣plies raised here, made at one time, an Army of six thousand and upwards: which with the Vertue and Valour of Arthur Lord Gray, and others the Com∣manders, did prove a sufficient power to extinguish that Rebellion. But that being done, it was never intended that these Forces should stand,* 1.92 till the rest of the Kingdom were settled and re∣duced: onely, that Army which was brought over by the Earl of Essex, Lord Lieutenant and Governor General of this Kingdom, in the nine and thirtieth year

of Queen Elizabeth, to suppress the Re∣bellion of Tirone, which was spread uni∣versally over the whole Realm; That Army, I say (the command whereof, with the Government of the Realm, was shortly after transferred to the com∣mand of the Lord Montjoy, afterwards Earl of Devonshire, who with singular wisdom, valour, and industry, did pro∣secute and finish the War) did consist of such good men of War, and of such num∣bers, being well-nigh twenty thousand by the Poll, and was so royally supplied and paid, and continued in full strength so long a time, as that it brake and ab∣solutely subdued all the Lords and Chieftains of the Irishry, and degene∣rate or rebellious English. Whereup∣on, the multitude, who ever loved to be followers of such as could master and defend them, admiring the power of the Crown of England, being bray'd (as it were) in a Morter, with the Sword, Famine, and Pestilence altogether, sub∣mitted themselves to the English Go∣vernment, received the Laws and Ma∣gistrates, and most gladly embraced

the Kings Pardon and Peace in all parts of the Realm, with demonstrati∣on of joy and comfort; which made indeed, an entire, perfect, and final Conquest of Ireland. And though up∣on the finishing of the War, this great Army was reduced to less numbers, yet hath His Majestie in his Wisdom, thought it fit, still to maintain such competent Forces here, as the Law may make her progress and Circuit about the Realm, under the protection of the Sword (as Virgo, the figure of Ju∣stice, is by Leo in the Zodiack) until the people have perfectly learned the Lesson of Obedience, and the Con∣quest be established in the hearts of all men.

THus far have I endeavoured to make it manifest, that from the first adventure and attempt of the Eng∣lish (to subdue and conquer Ireland) until the last War with Tyrone,* 1.93 (which as it was Royally undertaken, so it was really prosecuted to the end) there hath been four main defects in

the carriage of the Martial Affairs here. First, the Armies for the most part, were too weak for a Conquest: Secondly, when they were of a competent strength (as in both the journeys of Richard the second) they were too soon broken up and dissolved: Thirdly, they were ill paid: And fourthly, they were ill go∣verned, which is always a consequent of ill payment.

BUt why was not this great work performed,* 1.94 before the latter end of Queen Elizabeths Reign, conside∣ring that many of the Kings her Pro∣genitors, were as great Captains as any in the World, and had elsewhere larger Dominions and Territories? First, who can tell whether the Divine Wisdom, to abate the glory of those Kings, did not reserve this Work to be done by a Queen, that it might ra∣ther appear to be his own immediate work? And yet for her greater Ho∣nor, made it the last of her great acti∣ons, as it were, to Crown all the rest? And to the end, that a secure peace

might settle the Conquest, and make it firm and perpetual to Posterity; caused it to be made in that fulness of time, when England and Scotland became to be united under one Imperial Crown; and when the Monarchy of Great Britany was in League and Amity with all the World. Besides, the Conquest at this time, doth perhaps fulfil that prophe∣sie, wherein the four great Prophets of Ireland do concur, as it is recorded by Giraldus Cambrensis, to this effect, That after the first Invasion of the Eng∣lish, they should spend many ages, in crebris conflictibus,* 1.95 longo{que} certamine & multis caedibus. And that, Omnes fere An∣glici ab Hibernia turbabuntur: nihilomi∣nus orientalia maritima semper obtine∣bunt; Sed vix paulo antè diem Judicii; plenam Anglorum populo victoriam com∣promittunt; Insula Hibernica de mari usque ad mare de toto subacta & in∣castellata. If S. Patrick and the rest did not utter this Prophesie; certainly Giraldus is a Prophet, who hath re∣ported it. To this, we may adde the Pro∣phesie of Merlin, spoken of also by Gi∣raldus,

Sextus moenia Hiberniae subvertet, & regiones in Regnum redigentur. Which is performed in the time of King James the sixth; in that all the paces are clear∣ed, and places of fastness laid open, which are the proper Walls and Castles of the Irish, as they were of the British in the time of Agricola; and withall, the Irish Countreys being reduced into Counties, make but one entire and un∣divided Kingdom.

But to leave these high and obscure causes, the plain and manifest truth is, that the Kings of England in all ages, had been powerful enough to make an abso∣lute Conquest of Ireland, if their whole power had been employed in that enter∣prize: but still there arose sundry oc∣casions, which divided and diverted their power some other way.* 1.96

Let us therefore take a brief view of the several impediments which arose in every Kings time, since the first Overture of the Conquest, whereby they were so employed and busied, as they could not intend the final Conquest of Ire∣land.

* 1.97KIng Henry the second, was no sooner returned out of Ireland, but all his four Sons conspired with his Enemies, rose in Arms, and moved War against him, both in France, and in England.

* 1.98This unnatural Treason of his Sons, did the King express in an Emblem painted in his Chamber at Winchester, wherein was an Eagle, with three Eg∣lets tiring ••n her breast; and the fourth pecking at one of her eyes. And the troth is, these ungracious practises of his Sons, did impeach his journey to the Holy-Land, which he had once vowed, vexed him all the days of his life, and brought his gray hairs with sorrow to the grave. Besides, this King having given the Lordship of Ireland to John his youngest Son •• his ingratitude afterwards made the King careless to settle him in the quiet and absolute possession of that Kingdom.

RIchard the first,* 1.99 which succeeded Henry the second in the Kingdom of England, had less reason to bend his power towards the Conquest of this Land, which was given in perpe∣tuity to the Lord John his Brother. And therefore, went he in person to the Holy War; by which journey, and his Captivity in Austria, and the heavy ransome that he paid for his liberty, he was hindred, and utterly disabled to pursue any so great an action as the Conquest of Ireland; And after his de∣livery and return, hardly was he able to maintain a Frontier War in Nor∣mandy, where by hard fortune he lost his life.

KIng John his Brother,* 1.100 had greatest reason to prosecute the War of Ireland, because the Lordship thereof was the portion of his inheritance, given unto him, when he was called John Sans-Terre. Therefore, he made two journeys thither; one, when he was Earl of Mor∣ton, and very young, about twelve years

of age; the other, when he was King, in the twelfth year of his Reign. In the the first, his own youth, and his youth∣ful company, Roboams Counsellors, made him hazard the loss of all that his Father had won. But in the latter, he shewed a resolution to recover the en∣tire Kingdom, in taking the submissions of all the Irishry, and settling the estates of the English, and giving order for the building of many Castles and Forts, whereof some remain until this day. But he came to the Crown of England, by a defeasible Title, so as he was ne∣ver well settled in the hearts of the people, which drew him the sooner back out of Ireland into England: where shortly after, he fell into such trouble and distress; The Clergy cursing him on the one side; and the Barons Rebelling against him on the other, as he became so far unable to return to the Conquest of Ireland, as besides the forfeiture of the Territories in France, he did in a manner lose both the Kingdoms. For he surrendred both to the Pope, and took them back

again to hold in Fee-farm; which brought him into such hatred at home, and such contempt abroad, as all his life time after, he was possest rather with fear of loosing his head, than with hope of reducing the Kingdom of Ireland.

DUring the infancy of Henry the third,* 1.101 the Barons were troubled in expelling the French, whom they had drawn in against King John. But this Prince was no sooner come to his ma∣jority, but the Barons raised a long and cruel war against him.

Into these troubled waters, the Bi∣shops of Rome did cast their Nets, and drew away all the wealth of the realm by their provisions, and infinite exacti∣ons, whereby the Kingdom was so im∣poverished, as the King was scarce able to feed his own houshold and train, much less to nourish Armies for the con∣quest of Forraign Kingdoms. And al∣beit he had given this Land to the Lord Edward his eldest son, yet could not that worthy Prince ever find means or

op∣portunity to visit this Kingdom in per∣son. For, from the time he was able to bear armes, he served continually a∣gainst the Barons, by whom he was taken prisoner at the battel of Lewes. And when that rebellion was appeased, he made a journey to the Holy Land, (an employment which in those dayes diverted all Christian Princes from per∣forming any great actions in Europe) from whence he was returned, when the Crown of England descended upon him.

* 1.102THis King Edward the first, who was a Prince adorned with all vertues, did in the managing of his affairs, shew himself a right good husband, who be∣ing Owner of a Lordship ill husbanded, doth first enclose and mannure his de∣measnes near his principal house, be∣fore he doth improve his wasts afar off. Therefore, he began first to e∣stablish the Common-wealth of Eng∣land, by making many excellent Laws, and instituting the form of publick Ju∣stice, which remaineth to this day. Next,

he fully subdued and reduced the Do∣minion of Wales; then by his power and authority he setled the Kingdom of Scotland; and lastly, he sent a Royal ar∣my into Cascoigne, to recover the Dutchy of Aquitain. These four great actions, did take up all the raign of this Prince. And therefore, we find not in any Re∣cord, that this King transmitted any Forces into Ireland; but on the other side, we find it recorded both in the Annals,* 1.103 and in the Pipe-Rolls of this Kingdom, that three several Armies were raised of the Kings subjects in Ireland,* 1.104 and transported one into Scot∣land, another into Wales; and the third into Cascoigne; and that several aids were levyed here, for the setting forth of those armies.

THe Son and Successor of this excellent Prince,* 1.105 was Edward the second, who much against his will sent one small army into Ireland; not with a purpose to finish the Conquest, but to guard the person of his Minion, Piers Gaveston, who being banished out of

England, was made Lieutenant of Ire∣land, that so his exile might seem more honourable.

He was no sooner arrived here, but he made a journey into the Mountains of Dublin; brake and subdued the Re∣bels there;* 1.106 built New-Castle in the Birnes Country, and repaired Castle∣keuin; and after passed up into Mounster and Thomond,* 1.107 performing every where great service, with much Vertue and Valour. But the King, who could not live without him, revokt him within less than a year. After which time the in∣vasion of the Scots, and Rebellion of the Barons, did not only disable this King to be a Conqueror, but deprived him both of his Kingdom and life. And when the Scottish nation had over-run all this land under the conduct of Edw. le Bruce (who stiled himself King of Ireland) England was not then able to send either men or mony to save this Kingdom.* 1.108 Only Roger de Mortimer then Justice of Ire∣land, arrived at Youghall, cum 38. milit. saith Friar Clinn in his Annals.

But Bremingham, Verdon, Stapleton,

and some other private Gentlemen, rose out with the Commons of Meth and Ʋriel, and at Fagher near Dondalke, a fatal place to the enemies of the Crown of England, overthrew a potent army of them. Et sic (saith the red Book of the Exchequer,* 1.109 wherein the victory was briefly recorded) per manus com∣munis populi, & dextram dei deliberatur populus dei a servitute machinata & praecogitata.

IN the time of King Edward the third,* 1.110 the impediments of the Conquest of Ireland, are so notorious, as I shall not need to express them; to wit, the war which the King had with the Realms of Scotland, and of France; but especially the Wars of France, which were almost continual for the space of forty years. And indeed, France was a fairer mark to shoot at, than Ireland, and could better reward the Conqueror. Besides, it was an inheritance newly descended upon the King; and therefore, he had great reason to bend all his power, and spend all his time and treasure in the re∣covery thereof. And this is the true

cause why Edward the third sent no ar∣my into Ireland, till the 36. year of his Reign, when the Lord Lionel brought over a Regiment of 1500. men, as is before expressed: which that wise and warlick Prince did not transmit as a competent power, to make a full con∣quest, but as an honorable retinue for his son; and withall, to enable him to recover some part of his Earldom of Ʋlster, which was then over-run with the Irish. But on the other part, though the English Colonies were much dege∣nerate in this Kings time, and had lost a great part of their possessions, yet lying at the siege of Callis, he sent for a supply of men out of Ireland,* 1.111 which were transported under the conduct of the Earl of Kildare, and Fulco de l•• Freyn, in the year 1347.

* 1.112AND now are we come again to the time of King Richard the second; who for the first ten years of his Reign, was a Minor, and much disquieted with popular Commotions; and after that, was more troubled with the fa∣ctions

that arose between his Minions, and the Princes of the blood. But at last, he took a resolution to finish the Conquest of this Realm. And to that end he made two Royal voyages hither. Upon the first, he was deluded by the faigned submissions of the Irish; but upon the latter, when he was fully bent to prosecute the war with effect, he was diverted and drawn from hence by the return of the Duke of Lanca∣ster, into England, and the general de∣fection of the whole Realm.

AS for Henry the Fourth,* 1.113 he being an Intruder upon the Crown of England, was hindered from all For∣raign actions, by sundry Conspiracies and Rebellions at home, moved by the house of Northumberland in the North; by the Dukes of Surrey and Exceter in the South; and by Owen Glen∣dour in Wales; so as he spent his short Raign in establishing and setling himself in the quiet possession of England, and had neither leisure nor opportunity to undertake the final conquest of Ireland.

Much less could King Henry the fifth perform that work:* 1.114 for in the second year of his Reign, he transported an Army into France, for the recovery of that Kingdom, and drew over to the siege of Harflew,* 1.115 the Prior of Kilmaine∣ham, with 1500. Irish. In which great action, 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 minority of King Henry the sixth,* 1.116 had the Government of the Kingdoms of England and France, did employ all their Counsels and endeavours to perfect the Conquest of France, the greater part whereof being gained by Henry the fifth, and retained by the Duke of Bed∣ford, was again lost by King Henry the sixth; a manifest argument of his dis∣ability to finish the Conquest of this Land. But when the civil War between the two Houses was kindled, the Kings of England were so far from re∣ducing all the Irish under their Obedi∣ence,

as they drew out of Ireland to strengthen their parties, all the No∣bility and Gentry descended of Eng∣lish race, which gave opportunity to the Irishry, to invade the Lands of the English Colonies, and did hazard the Loss of the whole Kingdom. For, though the Duke of York did, while he lived in Ireland, carry himself re∣spectively towards all the Nobility,* 1.117 to win the general love of all, bear∣ing equal favour to the Giraldines and the Butlers (as appeared at the Christ∣ning of George Duke of Clarence, who was born in the Castle of Dublin, where he made both the Earl of Kil∣dare, and the Earl of Ormonde his Gos∣sips:) And having occasion divers times to pass into England; he left the sword with Kildare at one time, and with Ormonde at another: and when he lost his life at Wakefield, there were slain with him divers of both those families. Yet afterwards, th••se two Noble houses of Ireland, did seve∣rally follow the two Royal houses of England; the Giraldines adhering to the

house of York, and the Butlers to the house of Lancaster.* 1.118 Whereby it came to pass, that not only the principal Gentlemen of both those Sur-names, but all their friends and dependants did pass into England, leaving their Lands and possessions to be over-run by the Irish. These impediments, or rather impossibilities of finishing the Conquest of Ireland, did continue till the Wars of Lancaster and York were ended: which was about the twelfth year of King Edward the fourth.

Thus hitherto the Kings of Eng∣land were hindred from finishing this Conquest by great and apparent im∣pediments: Henry the second, by the rebellion of his Sons: King John, Henry the third, and Edward the second, by the Barons Wars: Edward the first by his Wars in Wales and Scotland: Ed∣ward the third, and Henry the fifth, by the Wars of France: Richard the second, Henry the fourth, Henry the sixth, and Edward the fourth, by Domestick con∣tention for the Crown of England it self.

BUT the fire of the civil war being utterly quenched,* 1.119 and King Ed∣ward the fourth setled in the peaceable possession of the Crown of England, what did then hinder that war••ick Prince from reducing of Ireland also? First the whole Realm of England was miserably wasted, depopulated and impoverished by the late civil dissen∣tions; yet as soon as it had recovered it self with a little peace and rest, this King raised an Army and revived the Title of France again: howbeit this Army was no sooner transmitted and brought into the field, but the two Kings also were brought to an inter∣view. Whereupon, partly by the fair and white promises of Lewis the 11. and partly by the corruption of some of King Edwards Minions, the English forces were broken and dismissed, and King Edward returned into England, where shortly after find••ng himself de∣luded and abused by the French, he dyed with melancholy, and vexation of spirit.

* 1.120I Omit to speak of Richard the Usur∣per, who never got the quiet pos∣session of England, but was cast out by Henry the seventh within two years and a half, after his Usurpation.

* 1.121AND for King Henry the seventh himself, though he made that hap∣py Union of the two houses, yet for more than half the space of his Reign, there were walking spirits of the house of Yorke, as well in Ireland as in England, which he could not conjure down, without expence of some bloud and Treasure. But in his later times, he did wholly study to im∣prove the Revenues of the Crown in both Kingdomes; with an intent to provide means for some great acti∣on which he intended: which doubt∣less, if he had lived, would rather have proved a journey into France, than into Ireland, because in the eyes of all men, it was a fairer enterprize.

* 1.122THerefore King Henry the eighth, in the beginning of his raign, made

a Voyage Royal into France; wherein he spent the greatest part of that trea∣sure, which his Father had frugally re∣served; perhaps for the like purpose. In the latter end of his Reign, he made the like journey, being enricht with the Revenues of the Abby Lands. But in the middle time between these two attempts, the great alteration which he made in the State Ecclesia∣stical, caused him to stand upon his guard at home; the Pope having sol∣licited all the Princes of Christendom to revenge his quarrel in that behalf. And thus was King Henry the eighth, detained and diverted from the abso∣lute reducing of the Kingdom of Ire∣land.

LAstly,* 1.123 the infancy of King Edward the sixth, and the Coverture of Qu. Mary (which are both Non abilities in the Law) did in fact disable them to accomplish the Conquest of Ireland.

SO as now this great work did re∣main to be performed by Queen

ELIZABETH;* 1.124 who though she were diverted by suppressing the open re∣bellion in the North; by preventing divers secret Conspiracies against her person; by giving aids to the French, and States of the Low-Countries; by maintaining a Naval war with Spain, for many years together: yet the sun∣dry rebellions, joyned with forraign invasions upon this Island, whereby it was in danger to be utterly lost, and to be possessed by the Enemies of the Crown of England, did quicken her Majesties care for the preservation thereof; and to that end, from time to time during her Reign, she sent over such supplies of men and treasure, as did suppress the Rebels, and repell the invaders. Howbeit, before the transmitting of the last great army, the forces sent over by Queen Elizabeth, were not of sufficient power to break and subdue a••l the Irishry, and to re∣duce and reform the whole King∣dom; but when the general defecti∣on came, which came not without a special providence for the final good

of that Kingdom (though the second causes thereof, were the faint prose∣cution of the War against Tyrone; the practises of Priests and Jesuites, and the expectation of the aids from Spain) Then the extream peril of loosing the Kingdom; the dishonour and dan∣ger that might thereby grow to the Crown of England; together with a just disdain conceived by that great minded Queen, that so wicked and ungratefull a Rebell should prevail against Her, who had ever been victo∣rious against all her enemies, did move, and almost enforce her to send over that mighty army: and did with∣all enflame the hearts of the Subiects of England, chearfully to contribute towards the maintaining thereof, a Million of sterling pounds at least: which was done with a purpose only to Save, and not to Gain a Kingdom; To keep and retain that Soveraignty, which the Crown of England had in Ireland (such as it was) and not to reco∣ver a more absolute Dominion. But, as it faileth out many times, that when

a house is on fire, the Owner to save it from burning, pulleth it down to the ground; but that pulling down, doth give occasion of building it up again in a better form: So these last Wars, which to save the Kingdome did utterly break and destroy this peo∣ple, produced a better effect than was at first expected. For, every Rebellion, when it is supprest, doth make the subject weaker and the Prince stronger. So, this general revolt, when it was overcome, did produce a general Obedience and Reformation of all the Irishry, which ever before had been disobedient and unreformed; and thereupon ensued the final and full conquest of Ireland.

And thus much may suffice to be spoken touching the defects in the martial affairs and the weak and faint prosecution of the war; and of the seve∣ral Impediments or employments, which did hinder or divert every King of Eng∣land successively, from reducing Ire∣land to their absolute subjection.

IT now remaineth,* 1.125 that we shew the defects of the Civil Policy and Govern∣ment, which gave no less impediment to the perfection of this Conquest.

THe first of that kind,* 1.126 doth consist in this, That the Crown of England did not from the beginning give Laws to the Irishry; whereas to give Laws to a con∣quered people, is the principal mark and effect of a perfect Conquest. For, albeit King Henry the second, before his return out of Ireland,* 1.127 held a Council or Parliament at Lissemore; Ʋbi Leges An∣gliae ab omnibus sunt gratanter receptae, & Juratoria Cautione praestita confirmatae, as Matth. Paris writeth.

And though King John in the twelfth year of his Reign,* 1.128 did establish the Eng∣lish Laws and Customes here, and placed Sheriffs and other Ministers to rule and govern the people, according to the Law of England: and to that end,* 1.129 Ipse duxit secum viros discretos & legis peri∣tos, quorum communi consilio scatuit & praecepit, leges Anglicanas teneri in Hiber∣nia,

&c. as we finde it recorded among the Patent Rolls in the Tower, 11 Hen. 3. m. 3. Though likewise, King Henry the third did grant and transmit the like Charter of Liberties to his Subjects of Ireland, as himself and his Father had granted to the Subjects of England, as appeareth by another Record in the Tower, 1 Hen. 3. Pat. m. 13. And after∣wards, by a special Writ, did command the Lord Justice of Ireland, Quod con∣vocatis Archiepiscopis, Episcopis, Comiti∣bus, Baronibus, &c. Coram: eis legi face∣ret Chartam Regis Johannis; quam ipse legi fecit & jurari à Magnatibus Hiberniae, de legibus & Constitutionibus Angliae ob∣servandis, & quod leges illas teneant & ob∣servent, 12 Hen. 3. Claus. m. 8. And after that again, the same King by Letters Patents under the Great Seal of England, did confirm the Establishment of the English Laws made by King John, in this form, Quia pro Communi utilitate terrae Hiberniae, ac unitate terrarum, de Com∣muni Consilio provisum sit, quod omnes le∣ges & consuetudines quae in regno Angliae tenentur, in Hiberniâ teneantur, & eadem

terra ejusdem legibus subjaceat, ac per eas∣dem regatur, sicut Johannes Rex, cum illic esset, Statuit & firmiter mandavit; ideo volumus quod omnia brevia de Communi Jure, quae currunt in Anglia, similiter cur∣rant in Hibernia, sub novo sigillo nostro,* 1.130 &c. Teste meipso apud Woodstock, &c. Which Confirmation is found among the Patent Rolls in the Tower, Anno 30. Hen. 3. Notwithstanding, it is evident by all the Records of this Kingdom, that onely the English Colonies, and some fews Septs of the Irishry, which were en∣franchised by special Charters,* 1.131 were ad∣mitted to the benefit and protection of the Laws of England; and that the Irish generally, were held and reputed Aliens, or rather enemies to the Crown of Eng∣land; insomuch, as they were not one∣ly disabled to bring any actions, but they were so far out of the protection of the law, as it was often adjudg'd no felony to kill a meer Irishman in the time of peace.* 1.132

That the meer Irish were reputed Aliens, appeareth by sundry Records; wherein Judgement is demanded, 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 Rolls of 28 Ed∣ward the third (which are yet preserved in Breminghams Tower) this Case is adjudged. Simon Neal brought an acti∣on of Trespass against William Newlagh for breaking his Close in Clandalkin,* 1.133 in the County of Dublin; the Defendant doth plead, that the Plaintiff is Hiberni∣cus, & non de Quinque sanguinibus; and demandeth Judgement, if he shall be answered. The Plaintiff replieth, Quod ipse est de quinque sanguinibus (viz,) De les Oneiles de Ʋlton, qui per Concessionem pro∣genitorum Domini Regis; Libertatibus Anglicis gaudere debent & utuntur, & pro¦liberis hominibus reputantur. The Defen∣dant rejoyneth, that the Plaintiff is not of the Oneals of Ʋlster, Nec de quinque sanguinibus. And thereupon they are at issue. Which being found for the Plain∣tiff, he had Judgement to recover his damages against the Defendant. By this Record it appeareth, that five principal Bloods, or Septs, of the Irishry, were

by special grace enfranchised and ena∣bled to take benefit of the Laws of England; And that the Nation of ô Neals in Ʋlster, was one of the five.* 1.134 And in the like case, 3 of Edward the second, among the Plea-Rolls in Breminghams Tower: All the five Septs or Bloods, Qui gaudeant lege Anglicana quoad brevia portanda, are expressed, namely, Oneil de Ʋltonia; O Molaghlin de Minia; O Con∣noghor de Connacia; O Brin de Thotmonia; & Mac Murrogh de Lagenia: And yet I find, that O Neal himself long after, (viz.) in 20 Edw. 4. upon his marriage with a Daughter of the house of Kildare (to satisfie the friends of the Lady) was made denizen by a special Act of Parlia∣ment, 20 Edw. 4. C. 8.

Again, in the 29 of Edw, 1.* 1.135 before the Justices in Eire at Droghedah, Thomas le Botteler brought an action of Detinue against Robert de Almain, for certain goods. The Defendant pleadeth, Quod 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 Jurat. &c. Jurat. dicunt su∣per Sacrament suum, quod praedict Tho∣mas Anglicus est, ideo consideratum est quod recuperet, &c.

These two Records among many o∣ther, do sufficiently shew, that the Irish were disabled to bring any actions at the Common Law. Touching their De∣nizations, they were common in every Kings Reign, since Henry the second, and were never out of use, till His Ma∣jestie that now is, came to the Crown.

Among the Pleas of the Crown of 4. Edw. 2. we finde a Confirmation made by Edward the first, of a Charter of Denization granted by Henry the se∣cond, to certain Oostmen, or Easterlings, who were Inhabitants of Waterford long before Henry the second attempted the Conquest of Ireland.* 1.136 Edwardus Dei gra∣tia, &c. Justitiario suo Hiberniae Salu∣tem: Quia per Inspectionem Chartae Dom. Hen. Reg. filii Imperatricis quondam Dom. Hiberniae proavi nostri nobis Constat, quod Ostmanni de Waterford legem Anglicorum in Hibernia habere, & secundum ipsam legam Judicari & deduci debènt: vobis

mandamus quod Gillicrist Mac Gilmurrii, Willielmum & Johannem Mac Gilmurrii & alios Ostmannos de civitate & Comitatu Waterford, qui de predictis Ostmannis prae∣dict. Dom. Henr. proavi nostri originem duxerunt, legem Anglicorum in partibus illis juxta tenorem Chartae praedict. habere, & eos secundum ipsam legem (quantum in nobis est, deduci faciatis) donec aliud de Consilio nostro inde duxerimus ordinand. In cujus rei, &c. Teste meipso apud Acton Burnell. 15. Octobris anno regni nostri undecimo.

Again,* 1.137 among the Patent Rolls of 1 Edward the fourth, remaining in the Chancery here, we finde a Patent of Denization granted the 13 of Ed∣ward the first, in these words, Ed∣wardus Dei gratia, Rex Angliae, Dom. Hiberniae, Dux Aquitaniae, &c. Omni∣bus Ballivis & fidelibus suis in Hiber∣nia, Salutem: Volentes Christophero fi∣lio Donaldi Hibernico gratiam sacere spe∣cialem, concedimus pro nobis & haere∣dibus nostris, quod idem Christophe∣rus hanc habeat libertatem, (viz.) Quod ipse de catero in Hibernia utatur le∣gibus

Anglicanis, & prohibemus ne quis∣quam contra hanc concessionem nostram dictum Christopherum vexet in aliquo vel perturbet. In cujus rei Testimonium, &c. Teste meipso apud Westm. 27. die Junii, anno regni nostri, 13.

In the same Roll, we finde an∣other Charter of Denization, granted in the first of Edward the fourth, in a more larger and beneficial form. Edw. Dei gratia,* 1.138 &c. Omnibus Ballivis, &c. Salutem. Sciatis quod nos volentes Wil∣lielmum O Bolgir capellanum de Hi∣bernica Natione existentem, favore prosequi gratioso, de gratia nostra spe∣ciali, &c. Concessimus eidem Williel∣mo, quod ipse liberi sit Status, & li∣berae conditionis, & ab omni servitute Hibernicâ liber & quietus, & quod ip∣se legibus Anglicanis in omnibus & per omnia uti possit & gaudere, eodem modo, quo homines Anglici infra di∣ctam terram eas habent, & iis gau∣dent & utuntur, quodque ipse respon∣deat, & respondeatur, in quibus∣cumque Curiis nostris: ac omnimod. terras, tenementa, redditus, & servitia perqui∣rere

possit sibi & haere dibus suis imperpe∣tuum, &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 meer Irish were not reputed free Subjects; nor admit∣ted to the benefit of the Laws of Eng∣land, until they had purchased Charters of Denization.

Lastly, the meer Irish were not one∣ly accounted Aliens, but Enemies;* 1.139 and altogether out of the Protection of the Law; so as it was no capital Of∣fence to kill them; and this is mani∣fest by many Records. At a Gaol-de∣livery at Waterford, before John Wogan Lord Justice of Ireland, the fourth of Edward the second, we finde it record∣ed among the Pleas of the Crown of that year,* 1.140 Quod Robertus le Wayleys rectatus de morte Johannis filii Juor Mac Gillemory felonice per ipsum interfecti, &c Venit & bene cognovit quod praedictum Johannem interfecit: dicit tamon quod peri•• ejus interfectionem feloniam com∣mittere non potuit, quia dicit, quod prae∣dictus

Johannes fuit purus Hibernicus, & non de libero sanguine, &c. Et cum Do∣minus dicti Johannis (cujus Hibernicus idem Johannes suit) die quo interfectus fuit, solutionem pro ipso Johanne Hi∣bernico suo sic interfecto petere volue∣rit, ipse Robertus paratus erat ad re∣spondend' de solutione praedict prout Justi∣tia suadebit. Et super hoc venit quidam Jo∣hannes le Poer, & dicit pro Domino Rege, quod praedict. Iohannes filius Iuor Mac Gillemory, & antecessores sui de cogno∣nime praedict. à tempore quo Dominus Henricus filius Imperatricis, quondam Dominus Hiberniae, Tritavus Domini Re∣gis nunc, fuit in Hibernia, legem Angli∣corum in Hibernia usque ad hunc diem haberc, & secundum ipsam legem ju∣dicari & deduci debent. And so plead∣ed the Charter of Denization grant∣ed to the Oostmen recited before; All which appeareth at large in the said Record: Wherein we may note, that the killing of an Irish man, was not punished by our Law, as Man-slaugh∣ter, which is Fellony, and Capital, (for our Law did neither protect his

life, nor revenge his death) but by a Fine or pecuniary punishment, which is called an Erick, according to the Bre∣hon, or Irish Law.

Again, at a Gaol-delivery, before the same Lord Justice at Limerick, in the Roll of the same year, we finde,* 1.141 that Willielmus filius Rogeri rectatus de morre Rogeri de Canteton felonice per ipsum interfecti, venit & dicit, quod feloniam per interfectionem praedictam committere non potuit, quia dicit quod prae∣dict. Rogerus Hibernic. est, & non de li∣bero sanguine; dicit etiam quod praedict. Rogerus fuit de Cognomine de Ohederiscal & non de cognonime de Cantetons, & de hoc ponit se super patriam, &c. Et Jura∣ti dicunt super Sacram. suum, quod prae∣dictus Rogerus Hibernicus fuit & de cognonime de Ohederiscal & pro Hiber∣nico habebatur tota vita sua: Ideo prae∣dict. Willielmus quoad feloniam prae∣dict. quietus. Sed quia praedictus Ro∣gerus Ottederiscal fuit Hibernicus Do∣mini Regis, praedict. Willielmus recom∣mittatur Gaolae, quousque plegios in∣venerit de quinque marcis solvendis

Domino Regi pro solutione praedicti Hi∣bernici.

But on the other side, if the Jury had found, that the party slain had been of English race and Nation, it had been adjudged Fellony; as appear∣eth by a Record of 29 of Edward the first, in the Crown-Office here. Co∣ram Waltero Lenfant & sociis suis Ju∣stitiariis Itinerantibus apud Drogheda in Comitatu Louth.* 1.142 Johannes Laurens in∣dictat. de morte Galfridi Douedal ve∣nit & non dedicit mortem praedictam: sed dicit quod praedict. Galfridus fuit Hiber∣nicus, & non de libero sanguine, & d•• bono & malo ponit se super patriam, &c. Et Jurat. dicunt super Sacram. suum quod praedict. Galfridus Anglicus fuit, & ideo praedict. Johannes culpabilis e•••• de morte Galfridi praedict. Ideo suspend Catalla 13. s. unde Hugo de Clinton Vic•• com. respondet.

Hence it is, that in all the Parlia¦ment Rolls which are extant fro•• the fortieth year of Edward the third when the Statutes of Kilkenny were enacted, till the Reign of King Henry

the eighth, we finde the degenerate and disobedient English, called Rebels; but the Irish which were not in the Kings peace, are called Enemies.* 1.143 Sta∣tute Kilkenny. c. 1.10. and 11.11 Hen. 4. c. 24.10 Hen. 6. c. 1.18.18 Hen. 6. c. 4.5 Edw. 4. c. 6.10 Hen. 7. c. 17. All these Statutes speak of English Rebels, and Irish Enemies; as if the Irish had never been in condition of Subjects, but always out of the Protection of the Law; and were indeed in worse case than Aliens of any Forreign Realm that was in Amity with the Crown of England. For, by divers heavy Pe∣nal Laws, the English were forbid∣den to marry, to foster, to make Gos∣sips with the Irish; or to have any trade or commerce in their Markets or Fairs; nay, there was a Law made no longer since, than the 28 year of Henry the eighth,* 1.144 that the English should not marry with any person of Irish blood, though he had gotten a Charter of Denization, unless he had done both Homage and Fealty to the King in the Chancery, and were also

bound by Recognizance with sureties, to continue a Loyal Subject. Whereby it is manifest, that such as had the Government of Ireland under the Crown of England, did intend to make a perpetual separation and enmity be∣tween the English and the Irish; pre∣tendng (no doubt) that the English should in the end root cut the Irish; which the English not being able to do, did cause a perpetual War between the Nations: which continued four hun∣dred and odde years, and would have lasted to the Worlds end; if in the end of Queen Elizabeths Reign, the Irishry had not been broken and conquered by the Sword: And since the beginning of his Majesties Reign, had not been protected and governed by the Law.

BUt perhaps, the Irishry in former times did wilfully refuse to be sub∣ject to the Laws of England, and would not be partakers of the benefit thereof, though the Crown of Eng∣land did desire; and therefore, they

were reputed Aliens, Out-laws,* 1.145 and Enemies. Assuredly, the contrary doth appear, as well 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 pass in Ireland, whereby all the Irishry might be inabled to use and enjoy the Laws of England, without purchasing of particular Denizations:* 1.146 Upon which Petition, the King directed a speci∣al Writ to the Lord Justice; which is found amongst the Close-Rolls in the Tower of London, in this form; Rex dilecto & fideli suo Johanni Dar∣cile Mepieu Justic. suo Hiberniae, Salu∣tem. Ex parte quorundam hominum de Hibernia nobis extitit supplicatum, ut per Statutum inde faciendum concedere velimus, quod omnes Hibernici qui vo∣luerint, legibus utatur Anglicanis: ita quod necesse non habeant super hoc Char∣tas alienas à nobis impetrare: nos igitur Certiorari volentes si sine alieno praeju∣dicio praemissis annuere valeamus, vobis mandamus quod voluntatem magnatum

terrae illius in proximo Parliamento nostro ibidem tenendo super hoc cum diligentia perscrutari facias: & de eo quod inde inveneritis una cum Consilio & advisa∣mento nobis certificetis, &c. Whereby I collect, that the great Lords of Ireland had informed the King, that the Irishry might not be naturalized, without da∣mage and prejudice either to themselves, or to the Crown.

But I am well assured, that the Irishry did desire to be admitted to the benefit of the Law, not onely in this Petition exhibited to King Edward the third; but by all their submissions made to King Richard the second, and to the Lord Thomas of Lancaster before the Wars of the two Houses; and af∣terwards to the Lord Leonard Grey, and Sir Anthony Saint-Leger,* 1.147 when King Henry the eighth began to reform this Kingdom. In particular, the Birns of the Mountains, in the 34 of Henry the eighth, desire that their Countrey might be made Shire-ground, and called the County of Wicklow: And in the 23 of Henry the eighth, O Donnel doth Cove∣nant

with Sir William Skeffington, Quod si Dominus Rex velit reformare Hiberni∣am, (whereof it should seem he made some doubt) that he and his people would gladly be governed by the Laws of England. Only that ungrateful Tray∣tor Tirone, though he had no colour or shadow of Title to that great Lordship, but only by grant from the Crown, and by the Law of England (for by the I∣rish Law he had been ranked with the meanest of his Sept) yet in one of his Capitulations with the State, he required that no Sheriff might have Jurisdiction within Tyrone; and consequently that the Laws of England might not be exe∣cuted there: Which request, was never before made by O Neale, or any other Lord of the Irishry, when they sub∣mitted themselves: but contrariwise they were humble sutors to have the benefit and protection of the English Laws.* 1.148

THis then I note as a great defect in the civil policy of this Kingdom, in that for the space of three hundred and

fifty years at least after the Conquest first attempted, the English laws were not communicated to the Irish, nor the benefit and protection thereof allowed unto them, though they earnestly desi∣red and sought the same. For, as long as they were out of the protecti∣on of the Law; so as every English-man might oppress, spoil, and kill them with∣out controulment, how was it possible they should be other than Out-laws and Enemies to the Crown of England? If the King would not admit them to the condition of Subjects, how could they learn to acknowledge and obey him as their Soveraign? When they might not converse or Commerce with any Civil Men, nor enter into any Town or City without peril of their Lives; whither should they flye but into the Woods and Mountains, and there live in a wilde and barbarous manner? If the English Magistrates would not rule them by the Law, which doth punish Treason, and Murder, and Theft with death; but leave them to be ruled by their own Lords and Laws, why should

they not embrace their own Brehon Law, which punisheth no offence, but with a Fine or Ericke? If the Irish be not permitted to purchase Estates of Free-holds or Inheritance, which might descend to their Children, according to the course of our Common Law, must they not continue their custom of Tanistrie? which makes all their pos∣sessions uncertain, and brings Confusi∣on, Barbarism, and Incivility? In a word, if the English would neither in peace Govern them by the Law, nor could in war root them out by the sword; must they not needs be pricks in their eyes, and thorns in their sides, till the worlds end? and so the Con∣quest never be brought to perfection.

BUT on the other side;* 1.149 If from the beginning, the Laws of England had been established, and the Brehon or Irish Law utterly abolished, as well in the Irish Countries, as the English Colonies; If there had been no dif∣ference made between the Nations in point of Justice and protection, but all

had been governed by one Equal, Just, and Honourable Law, as Dido speaketh in Virgil; Tros, Tyriusvè mihi nullo discrimine habetur. If upon the first submission made by the Irish Lords to King Henry the second;* 1.150 Quem in Regem & Dominum receperunt, saith Matth. Paris; or upon the second sub∣mission made to King John, when, Plusquam viginti Reguli maximo timore perterriti homagium ei & fidelitatem fe∣cerunt, as the same Author writeth; or upon the third general submission made to King Richard the second; when they did not only do Homage and fealty, but bound themselves by Indentures and Oaths (as is before ex∣pressed) to become and continue loyal subjects to the Crown of England; If any of these three Kings, who came each of them twice in person into this Kingdom, had upon these submissions of the Irishry, received them all, both Lords and Tenants into their immediate protection, divided their several Coun∣tries into Counties; made Sheriffs, Coroners, and Wardens of the peace

therein: sent Justices Itinerants half yearly into every part of the Kingdom, as well to punish Malefactors, as to hear and determine causes between party and party, according to the course of the Laws of England; taken surren∣ders of their Lands and Territories, and granted Estates unto them, to hold by English Tenures; granted them Markers, Fairs, and other Franchises, and erected Corporate Towns among them; (all which, hath been perform∣ed since his Majesty came to the Crown,) assuredly the Irish Countries had long since been reformed and re∣duced to Peace, Plenty, and Civility, which are the effects of Laws and good Government: they had builded Houses, planted Orchards and Gardens, erected Town-ships, and made provi∣sion for their posterities; there had been a perfect Union betwixt the Na∣tions, and consequently, a perfect Con∣quest of Ireland. For the Conquest is never perfect, till the war be at an end; and the war is not at an end till their be peace and unity; and there

can never be Unity and Concord in any one Kingdom, but where there is but one King, one Allegiance, and one Law.

* 1.151TRue it is, that King John made twelve shires in Leinster and Moun∣ster: namely, Dublin, Kildare, Meth, Ʋriel, Catherlogh, Kilkenny, Wexford, Waterford, Corke, Limerick, Kerrie, and Tipperary. Yet these Counties did stretch no farther than the Lands of the English Colonies did extend. In them only, were the English Laws pub∣lished and put in Execution; and in them only did the Itinerant Judges make their circuits and visitations of Justice, and not in the Countries pos∣sessed by the Irishry, which contained two third parts of the Kingdom at least. And therefore King Edward the first, before the Court of Parliament was established in Ireland, did transmit the Statutes of England in this form: Dominus Rex mandavit Breve suum in haec verba:* 1.152 Edwardus Dei gratia, Rex Angliae, Dominus Hiberniae, &c. Cancel∣lario

suo Hiberniae, Salutem. Quaedam statuta per nos de assensu Praelatorum, Comitum, Baronum & Communitat. regni nostri nuper apud Lincolne, & quaedam alia statuta postmodum apud Eborum facta, quae in dicta terra nostra Hiber∣niae ad Communem utilitatem populi no∣stri ejusdem terrae observari volumus, vobis mittimus sub sigillo nostro, man∣dantes quod statuta illa in dicta Cancel∣laria nostra Custodiri, ac in rotulis e∣jusdem Cancellariae irrotulari, & ad sin∣gulas placeas nostras in terra nostra Hi∣berniae, & singulos Commitatus ejusdem terrae mitti faciatis ministris nostris placearum illarum, & Vicecomitibus di∣ctorum Comitatum: mandantes, quod statuta illa coram ipsis publicari & ea in omnibus & singulis Articulis suis obser∣vari firmiter faciatis. Testè meipso a∣pud Nottingham, &c. By which Writ, and by all the Pipe-Rolls of that time it is manifest, that the Laws of England were published and put in execution only in the Counties, which were then made and limited, and not in the Irish Countries, which were neglected and

left wilde; and have but of late years been divided in one and twenty Coun∣ties more.

Again, true it is that by the Statute of Kilkenny, enacted in this Kingdom, in the fortieth year of King Edward the Third, the Brehon Law was con∣demned and abolished, and the use and practice thereof made High-Treason. But this Law extended to the English only, and not to the Irish: For the Law is penned in this form: Item, Forasmuch as the diversity of Govern∣ment by divers Laws in one Land,* 1.153 doth make diversity of ligeance and debates be∣tween the people, It is accorded and esta∣blished, that hereafter no English man have debate with another English man, but according to the course of the Common Law; And that no English man be ruled in the definition of their debates, by the March-Law, or the Brehon Law, which by reason ought not to be named a Law, but an evil Custom; but that they be ruled as right is, by the common Law of the Land, as the Lieges of our Soveraign Lord the King; And if any do to the contrary

and thereof be attainted, that he be taken and imprisoned and judged as a Traytor: And that hereafter there be no diversity of ligeance between the English born in Ireland, and the English born in England, but that all be called and reputed English, and the Lieges of our Soveraign Lord the KING, &c. This Law, was made only to reform the degenerate English, but there was no care taken for the refor∣mation of the meer Irish; no Ordinance, no provision made for the abolishing of their barbarous Customs and man∣ners. Insomuch as the Law then made for Apparel, and riding in Saddles, after the English fashion, is penal only to English men, and not to the Irish. But the Roman State, which conquered so many Nations both barbarous and Civil;* 1.154 and therefore knew by experience, the best and readiest way of making a per∣fect and absolute conquest, refused not to communicate their Laws to the rude and barbarous people, whom they had Conquered; neither did they put them out of their protection, after they had once submitted themselves. But con∣trariwise,

it is said of Julius Caesar: Quâ, vicit, victos protegit, ille manu. And a∣gain, of another Emperor:

Fecisti patriam diversis gentibus unam, Profuit invitis te dominante capi; Dum{que} offers victis proprii consortia juris, Ʋrbem fecisti, quod priùs orbis erat,

And of Rome it self;

Haec est, in gremium vict os quae sola recepit, Humanumque genus communi nomine fovit, Matris, non dominae, ritu; Civesque vocavit, Quos domuit, nexusque pio longinqua re∣vinxit.

* 1.155Therefore (as Tacitus writeth) Julius Agricola the Romane General in Brit∣tany, used this policy to make a perfect Conquest of our Ancestours, the anci∣ent Brittains; They were (saith he) rude, and dispersed; and therefore prone upon every occasion to make war, but to induce them by pleasure to quiet∣ness and rest, he exhorted them in pri∣vate, and gave them helps in common,

to build Temples, Houses, and places of publick resort. The Noblemens Sons, he took and instructed in the Liberal Sciences, &c. preferring the wits of the Brittains, before the Students of France; as being now curious to at∣tain the Eloquence of the Romane Language, whereas they lately reject∣ed that speech. After that, the Roman Attire grew to be in account, and the Gown to be in use among them; and so by little and little they proceeded to curiosity and delicacies in Buildings and furniture of Houshould; in Bathes, and exquisite Banquets; and so being come to the heighth of Civility, they were thereby brought to an absolute subjection.

LIkewise, our Norman Conqueror,* 1.156 though he oppressed the English Nobility very sore, and gave away to his servitors, the Lands and possessi∣ons of such, as did oppose his first in∣vasion, though he caused all his Acts of Counsel to be published in French; and some legal proceedings and plead∣ings

to be framed and used in the same tongue, as a mark and badge of a conquest; yet he governed All, both English and Normans, by one and the same Law; which was the ancient common Law of England, long be∣fore the Conquest. Neither did he de∣ny any English Man (that submitted himself unto him:) The benefit of that Law though it were against a Nor∣man of the best rank, and in greatest favour (as appeared in the notable Controversie between Warren the Norman, and Sherburne of Sherburne Castle in Norfolke;* 1.157 for the Conqueror had given that Castle to Warren; yet when the Inheritors thereof, had al∣ledged before the King, that he never boar Armes against him; that he was his subject, as well as the other, and that he did inherit and hold his Lands, by the rules of that Law, which the King had established among all his Sub∣jects; The King gave judgment a∣gainst Warren, and commanded that Sherborne should hold his land in peace. By this means, himself obtained a

peaceable possession of the Kingdom within few years; whereas, if he had cast all the English out of his protecti∣on, and held them as Aliens and E∣nemies to the Crown, the Normans (perhaps) might have spent as much time in the Conquest of England, as the English have spent in the Conquest of Ireland.

THe like prudent course hath been observed in reducing of Wales;* 1.158 which was performed partly by King Edward the first, and altogether finish∣ed by King Henry the eighth. For we find by the Statute of Rutland, made the 12. of Edward the first, when the Welshmen had submitted themselves, De alto & Basso, to that King, he did not reject and cast them off, as Out-lawes and Enemies, but caused their Laws and customs to be examined, which were in many points agreeable to the Irish or Brehon Law. Quibus diligenter auditis & plenius intellectis, quasdam illarum (saith the King in that Ordinance) Consilio procerum delevimus; quasdam

permissimus; quasdam correximus; ac etiam quasdam alias adjiciendas & faciend. de∣crevimus; and so established a Common∣wealth among them, according to the form of the English Government. After this, by reason of the sundry insurrecti∣ons of the Barons; the Wars in France; and the dissention between the houses of Yorke and Lancaster, the State of England, neglected or omit∣ted the execution of this Statute of Rutland; so as a great part of Wales grew wilde and barbarous again. And therefore King Henry the eighth, by the Statutes of 27. and 32. of his raign, did revive and recontinue that Noble work begun by King Edward the first; and brought it indeed to full perfection; For he united the Domi∣nion of Wales, to the Crown of Eng∣land, and divided it into Shires, and erected in every Shire, one Burrough, as in England; and enabled them to send Knights and Burgesses to the Par∣liament; established a Court of Presi∣dency, and orda••ned that Justices of Assise, and Gaol-delivery, should make

their half year circuits there, as in England; made all the Laws and Sta∣tutes of England, in force there; and among other Welsh Customs, abo∣lished that of Gavel-kinde: whereby the Heirs-Females were utterly excluded, and the Bastards did inherit, as well as the Legitimate, which is the very I∣rish Gavel-kinde. By means whereof; that entire Country in a short time was securely setled in peace and Obedience, and hath attained to that Civility of Manners, and plenty of all things, as now we find it not inferiour, to the best parts of England.

I will therefore knit up this point with these conclusions; First, that the Kings of England, which in former A∣ges attempted the Conquest of Ire∣land, being ill advised and counselled by the great men here, did not upon the submissions of the Irish, commu∣nicate their Laws unto them, nor ad∣mit them to the state and condition of Free-subjects: Secondly, that for the space of 200. years at ••east, af∣ter the first arrival of Henry the second

in Ireland, the Irish would gladly have embraced the Laws of England, and did earnestly desire the benefit and protection thereof; which being deny∣ed them, did of necessity cause a continual, bordering war 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 Colo∣nies, under one form of civil govern∣ment (as now they are,) the Meers and Bounds of the Marches and Borders, had been long since worne out and forgotten,* 1.159 (for it is not fit, as Cambren∣sis writeth) that a King of an Island should have any Marches or Borders, (but the four Seas) both Nations had been incorporated and united; Ire∣land had been entirely Conquered, Planted, and Improved; and returned a rich Revenue to the Cr••wn of Eng∣land.* 1.160

THE next error in the Civil polli∣cy which hindered the perfection of the Conquest of Ireland, did consist

in the Distribution of the Lands and Possessions which were won and con∣quered from the Irish. For, the Scopes of Land which were granted to the first Adventures, were too large; and the Liberties and Royalties, which they obtained therein, were too great for Sub∣jects: though it stood with reason that they should be rewarded liberally out of the fruits of their own Labours, since they did Militare propriis stipendiis, and received no pay from the Crown of Eng∣land. Notwithstanding there ensued di∣vers inconveniences, that gave great im∣pediment to the Conquest.

FIrst,* 1.161 the Earl Strongbow was entitu∣led to the whole Kingdom of Lein∣ster; partly by Invasion, and partly by Marriage; albeit, he surrendred the same entirely to King Henry the second his Soveraign; for that with his license he came over; and with the Ayd of his Subjects, he had gained that great inheritance; yet did the King regrant back again to him and his Heirs all that Province, reserving onely the City of

Dublin,* 1.162 and the Cantreds next adjoyn∣ing, with the Maritime Towns, and principal Forts and Castles. Next, the same King granted to Robert Fitz-Ste∣phen, and Miles Cogan, the whole King∣dom of Cork,* 1.163 from Lismore to the Sea. To Phillip Bruce, he gave the whole Kingdom of Limerick, with the Dona∣tion of Bishopwricks, and Abbies (ex∣cept the City, and one Cantred of land adjoyning.)* 1.164 To Sir Hugh de Lacy, all Meath. To Sir John de Courcy, all Ʋl∣ster. To William Burke Fitz-Adelm, the greatest part of Conaght. In like manner, Sir Thomas de Clare, obtained a grant of all Thomond; and Otho de Grandison of all Tipperary; and Robert le Poer, of the Territory of Waterford, (the City it self, and the Cantred of the Oastmen only excepted.) And thus was all Ireland Cantonized among ten per∣sons of the English Nation; and though they had not gained the possession of one third part of the whole Kingdom, yet in Title they were Owners and Lords of all, so as nothing was left to be granted to the Natives. And there∣fore

we do not find in any Record or story for the space of three hundred years, after these Adventurers first a∣rived in Ireland,* 1.165 that any Irish Lord ob∣tained a grant of his Country from the Crown, 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 Henry the second,* 1.166 before this di∣stribution made, did grant (as is before declared.) Ʋt sit Rex sub eo; and more∣over, Ʋt teneat terram suam Conactiae it a bene & in pace, sicut tenuit antequam Dominus Rex intravit Hiberniam. And whose Successor,* 1.167 in the 24 of Henry the third, when the Bourkes had made a strong Plantation there, and had well-nigh expelled him out of his Territory, he came over into England, (as Matth.* 1.168 Paris writeth) and made complaint to King Henry the third of this Invasion made by the Bourkes upon his Land, in∣sisting upon the grants of King Henry the second, and King John; and affirm∣ing, that he had duely paid an yearly tribute of five thousand marks for his

Kingdom. Whereupon, the King called unto him the Lord Maurice fitz-Girald, who was then Lord Justice of Ireland, and President in the Court; and com∣manded him that he should root out that unjust plantation, which Hubert Earl of Kent had in the time of his greatness, planted in those parts; and wrote withal to the great men of Ire∣land to remove the Bourks, and to esta∣blish the King of Conaght in the quiet possession of his Kingdom. Howbeit, I do not read, that the King of Englands commandment or direction in this be∣half was ever put in execution. For, the troth is;* 1.169 Richard de Burgo had obtain∣ed a grant of all Conaght, after the death of the King of Conaght, then living. For which he gave a thousand pound, as the Record in the Tower re∣citeth, the third of Henry the third, claus. 2. And besides, our great English Lords could not endure that any Kings should Reign in Ireland, but themselves; nay, they could hardly endure that the Crown of England it self, should have any Jurisdiction or Power over them.

For many of these Lords,* 1.170 to whom our Kings had granted these petty Kingdoms, did by vertue and colour of these Grants, claim and exercise Jura Regalia within their Territories; insomuch, as there were no less than eight Counties Palatines in Ireland at one time.

For William Marshal, Earl of Pembroke, who married the Daughter and Heir of Strongbow, being Lord of all Leinster, had Royal Jurisdiction thoroughout all that Province.* 1.171 This great Lord had five sons, and five daughters; every of his sons enjoyed that Seigniory successively, and yet all dyed without issue. Then this great Lordship was broken and di∣vided, and partition made between the five daughters, who were married into the Noblest Houses of England. The County of Catherlough was allotted to the eldest;* 1.172 Wexford to the sec••nd; Kilkenny to the third; Kildare to the fourth; the great∣est part of Leix, now called the Queens County, to the fifth: In every of these portions, the Ceparceners severally ex∣ercised the same Jurisdiction Royal,

which the Earl Marshal and his Sons had used in the whole Province.* 1.173 Where∣by it came to pass, that there were five County Palatines erected in Leinster. Then had the Lord of Meath the same Royal liberty in all that Territory; the Earl of Ʋlster in all that Province;* 1.174 and the Lord of Desmond and Kerry within that County. All these appear upon Record, and were all as ancient as the time of King John;* 1.175 onely the liberty of Tippe∣rary, which is the onely Liberty that remaineth at this day, was granted to James Butler the first Earl of Ormond, in the third year of King Edward the third.

These absolute Palatines made Barons and Knights, did exercise high Justice in all points within their Ter∣ritories, erected Courts for Criminal and Civil Causes,* 1.176 and for their own Revenues; in the same form, as the Kings Courts were established at Dub∣lin; made their own Judges, Seneshals, Sheriffs, Coroners, and Escheators; so as the Kings Writ did not run in these Counties (which took up more

than two parts of the English Colo∣nies) but onely in the Church Lands lying within the same, which were called the Cross, wherein the King made a Sheriff: And so, in each of these Counties Palatines, there were two Sheriffs; One, of the Liberty; and an∣other of the Cross: As in Meath we find a Sheriff of the Liberty, and a She∣riff of the Cross: And so in Ʋlster, and so in Wexford: And so at this day, the Earl of Ormond maketh a Sheriff of the Liberty, and the King a Sheriff of the Cross of Tipperary. Hereby it is manifest, how much the Kings Ju∣risdiction was restrained, and the power of these Lords enlarged by these High Priviledges. And it doth further appear, by one Article among others, preferred to King Edward the third, touching the Reformation of the state of Ireland, which we find in the Tower, in these words, Item les Francheses gran∣tes in Ireland, que sont Roialles, telles co∣me Duresme & Cestre, vous oustont cybien de les profits, Come de graunde partie de Obeisance des persons enfrancheses; & en

quescum frenchese est Chancellerie, Chequer & conusans de pleas, cybien de la Co∣ronne, Come autres communes, & gran∣tont auxi Charters de pardon; & sont sovent per ley et reasonable cause seisses en vostre main, a grand profit de vous; & leigerment restitues per maundement hors de Englettere, a damage, &c. Unto which Article, the King made answer, Le Roy voet que les franchese que sont et serront per juste cause prises en sa main, ne soent my restitues, auant que le Roy soit certifie de la cause de la prise de acelles, 26 Ed. 3. claus. m. 1. Again, these great Undertakers, were not tied to any form of Plantation, but all was left to their discretion and pleasure. And although they builded Castles, and made Free-holders, yet were there no Tenures or Services reserved to the Crown; but the Lords drew all the re∣spect and dependancy of the common people, unto Themselves. Now let us see what inconveniences did arise by these large and ample Grants of Lands and Liberties, to the first Adventurers in the Conquest.

ASsuredly by these Grants of whole Provinces, and petty Kingdoms,* 1.177 those few English Lords pretended to be Proprietors of all the Land, so as there was no possibility left of settling the Natives in their Possessions, and by consequence the conquest became impossible, without the utter extirpa∣tion of all the Irish; which these Eng∣lish Lords were not able to do, nor perhaps willing, if they had been able. Notwithstanding, because they did still hope to become Lords of those Lands which were possessed by the Irish, whereunto they pretended Ti∣tle by their large Grants; and because they did fear, that if the Irish were re∣ceived into the Kings protection, and made Liege-men and Free-Subjects, the State of England would establish them in their Possessions by Grants from the Crown; reduce their Coun∣treys into Counties, ennoble some of them; and enfranchise all, and make them amesueable to the Law, which would have abridged and cut off a

great part of that greatness which they had promised unto themselves: they perswaded the King of England, that it was unfit to communicate the Laws of England unto them; that it was the best policy to hold them as Aliens and Enemies, and to prosecute them with a continual War.* 1.178 Hereby they obtained another Royal Prerogative and Power: which was, to make War and Peace at their pleasure, in every part of the Kingdom. Which gave them an ab∣solute command over the bodies, lands, and goods of the English Subjects here. And besides, the Irish inha∣biting the lands fully conquered and reduced, being in condition of Slaves and Villains, did render a great∣er Profit and Revenue, than if they had been made the Kings Free-Sub∣jects.

And for these two causes last ex∣pressed, they were not willing to root out all the Irishry. We may not there∣fore marvel, that when King Edward the third, upon the Petition of the Irish (as is before remembred) was de∣sirous

to be certified, De voluntate mag∣natum suorum in proximo Parliamento in Hibernia tenend. si sine alieno praejudicio concedere possit, quod per statut. inde fact. Hibernici utantur legibus Anglicanis, sive Chartis Regiis inde Impetrandis, that there was never any Statute made to that effect. For the troth is, that those great English Lords did to the uttermost of their power, cross and withstand the enfranchisement of the Irish, for the causes before expressed; Where∣in I must still clear and acquit the Crown and State of England, of negli∣gence or ill policy, and lay the fault up∣on the Pride, Covetousness, and ill counsel of the English planted here, which in all former ages have been the chief impediments of the final conquest of Ireland.

AGain, those large scopes of Land,* 1.179 and great Liberties, with the abso∣lute power to make War and Peace, did raise the English Lords to that height of Pride and Ambition, as that they could not endure one another,

but grew to a mortal War and Dis∣sention among themselves: as appear∣eth by all the Records and Stories of this Kingdom. First, in the year, 1204. the Lacies of Meath, made War upon Sir John Courcy; who having ta∣ken him by treachery, sent him priso∣ner into England.* 1.180 In the year, 1210. King John coming over in person, expelled the Lacies out of the King∣dom, for their Tyrannie and oppressi∣on of the English: howbeit, upon payment of great Fines▪ they were af∣terward restored. In the year, 1228. that family being risen to a greater heighth (for Hugh de Lacy the younger, was created Earl of Ʋlster, after the death of Courcy without issue) there arose dissention and War between that house, and William Marshal Lord of Leinster; whereby all Meath was de∣stroyed and laid waste. In the year, 1264. Sir Walter Bourke having married the Daughter and Heir of Lacy, where∣by he was Earl of Ʋlster in right of his Wife, had mortal debate with Mau∣rice Fitz-Morice the Geraldine, for cer∣tain

Lands in Conaght. So as all Ireland was full of Wars between the Bourkes and the Geraldines (say our Annals.) Wherein Maurice Fitz-Morice grew so insolent, as that upon a meeting at Thistledermot, he took the Lord Justice himself, Sir Richard Capel, Prisoner, with divers Lords of Munster being then in his Company. In the year, 1288. Richard Bourke, Earl of Ʋlster, (com∣monly called the Red Earl) pretending title to the Lordship of Meath, made war upon Sir Theobald de Verdun, and be∣sieged him in the Castle of Athlone. A∣gain, in the year, 1292. John Fitz-Thomas the Geraldine, having by contention with the Lord Vesci, gotten a goodly inheri∣tance in Kildare, grew to that heighth of imagination (saith the story) as he fell into difference with divers great No∣blemen; and among many others, with Richard the Red Earl, whom he took Prisoner,* 1.181 and detained him in Castle-Ley; and by that dissention, the English on the one side, and the Irish on the other, did waste and destroy all the Countrey.

After, in the year, 1311. the same Red Earl (coming to besiege Bonratty in Thomond,* 1.182 which was then held by Sir Richard de Clare as his inheritance) was again taken prisoner; And all his Army (consisting for the most part of English) overthrown and cut in pieces, by Sir Richard de Clare. And after this again, in the year, 1327. most of the great Houses were banded one against an∣other, (viz.) The Giraldines, Butlers, and Breminghams, on the one side, and the Bourks and Poers on the other. The ground of the quarrel being none other, but that the Lord Arnold Poer, had cal∣led the Earl of Kildare Rimer: But this quarrel was prosecuted with such malice and violence, as the Counties of Waterford and Kilkenny were destroyed with fire and sword, till a Parliament was called of purpose, to quiet this dis∣sention.

Shortly after, the Lord John Bremin∣gham, who was not long before made Earl of Louth, for that noble service which he performed upon the Scots, between ••undalk and the Faher, was

so extremely envied by the Gernons, Verdons, and others of the ancient Co∣lony, planted in the County of Louth, as that in the year, 1329. they did most wickedly betray and murther that Earl, with divers principal Gentlemen of his name and family; using the same speech that the Rebellious Jews are said to use in the Gospel:

Nolumus hunc regnare super nos.

After this, the Geraldines and the But∣lers being become the most potent fa∣milies in the Kingdom (for the great Lordship of Leinster was divided a∣mong Coparceners, whose Heirs for the most part lived in England; and the Earldom of Ʋlster, with the Lord∣ship of Meath, by the match of Lionel Duke of Clarence, at last discended up∣on the Crowne) had almost a conti∣nuall warre one with another.* 1.183 In the time of King Henry the sixt (saith Baron Finglas in his Discourse of the Decay of Ireland,) in a sight betweene the Earles of Ormond and Desmond, almost

all the Townes-men of Kilkenny were slaine. And as they followed contra∣ry parties during the Warres of Yorke and Lancaster, so after that civil dissen∣tion ended in England, these Houses in Ireland continued their opposition and feud still, even till the time of K. Henry the eight; when by the Marri∣age of Margaret Fitz-Girald to the Earl of Ossory, the houses of Kildare and Or∣mond were reconciled, and have con∣tinued in amity ever since.

Thus these great Estates and Roy∣alties granted to the English Lords in Ireland, begate Pride; and Pride, begat Contention among themselves, which brought forth divers mischiefs, that did not onely disable the English to finish the conquest of all Ireland, but did endanger the loss of what was already gained; And of Conquer∣ors, made them Slaves to that Nation which they did intend to Conquer. For, whensoever one English Lord had vanquished another, the Irish waited and took the opportunity, and fell upon that Countrey which had re∣ceived

the blow; and so daily recovered some part of the Lands, which were possessed by the English Colonies.

Besides, the English Lords to strengthen their parties, did ally themselves with the Irish, and drew them in,* 1.184 to dwell among them, gave their Children to be fostered by them; and having no o∣ther means to pay or reward them, suffered them to take Coigne and Li∣very upon the English Free-holders;* 1.185 which Oppression was so intollerable, as that the better sort were enforced to quit their Free-holds and flye into England; and never returned, though many Laws were made in both Realms, to remand them back again: and the rest which remained, became degene∣rate and meer Irish, as is before de∣clared. And the English Lords finding the Irish exactions to be more profita∣ble than the English Rents and services; and loving the Irish Tyranny, which was tyed to no Rules of Law or Honour, better than a just and lawful Seigniory, did reject and cast off the English Law and Government, received the Irish

Laws and Customs, took Irish Surnames, as Mac William,* 1.186 Mac Pheris, Mac Yoris, refused to come to the Parliaments which were summoned by the King of Englands Authority, and scorned to obey those English Knights which were sent to command and govern this King∣dom; Namely, Sir Richard Capel, Sir John Morris, Sir John Darcy, and Sir Raphe Ʋfford. And when Sir Anthony Lucy, a man of great Authority in the time of King Edward the third, was sent over to reform the notorious a∣buses of this Kingdom,* 1.187 the King doubt∣ing that he should not be obeyed, di∣rected a special Writ or Mandate to the Earl of Ʋlster, and the rest of the Nobility to assist him. And afterwards, the same King (upon good advise and Counsel) resumed those excessive Grants of Lands and Liberties in Ire∣land, by a special ordinance made in England, which remaineth of Record in the Tower, in this form: Quia plures excessivoe donationes terrarum & libertatum in Hibernia ad subdolam ma∣chinationem petentium factae sunt, &c.

Rex delusorias hujusmodi machinationes volens elidere,* 1.188 de consilio peritorum sibi assistentium, omnes donationes Terrarum & libertatum praedict. duxit revocandas, quousque de meritis donatoriorum & causis ac qualitatibus donationum meli∣us fuerit informat. & ideo mandatum est Justiciario Hiberniae quod seisiri faciat, &c. Howbeit, there followed upon this resumption, such a division and faction between the English of Birth, and the English of blood and race, as they summoned and held several Parlia∣ments apart one from the other. Whereupon, there had risen a general war betwixt them, to the utter ex∣tinguishing of the English Name and Nation in Ireland, if the Earl of Des∣mond,* 1.189 who was head of the faction against the English of Birth, had not been sent into England, and detained there for a time: yet afterwards, these liberties being restored by direction out of England, the 26. of Edward the third complaint was made to the King of the easie restitution; whereunto the King made answer, as is before expres∣sed:

so as we may conclude this point with that which we find in the A••¦nals, published by Master Camden: H••¦bernici debellati & consumpti fuissent nisi seditio Anglicorum impedivisse•• Whereunto I may add this note, that though some are of opinion, that Grants of extraordinary Honours and Liberties made by a King to his Sub∣jects, do no more diminish his great¦ness, than when one Torch lightet•• another; for it hath no less light, that it had before, Quis vetat apposito lu¦men de lumine sumi? Yet many time•• inconveniences do arise thereupon and those Princes have held up their Soveraignty best,* 1.190 which have been sparing in those Grants. And truly as these Grants of little Kingdoms, and great Royalties, to a few private persons, did produce the mischiefs spoken of before: So the true cause of the making of these Grants, did proceed from this; That the Kings of England being otherwise employed and diverted, did not make the Con∣quest of Ireland, their own work, and

undertake it not royally at their own charge; but as it was first begun by particular Adventurers, so they left the prosecution thereof, to them, and other voluntaries, who came to seek their fortunes in Ireland; wherein if they could prevail, they thought that in reason and honour they could do no less, than make them proprietors of such scopes of Land as they could conquer, people, and plant at their own charge, reserving only the Sove∣raign Lordship to the Crown of Eng∣land. But if the Lyon had gone to hunt himself, the shares of the Inferiour Beasts had not been so great: If the invasion had been made by an army transmit∣ted, furnished, and supplyed only at the Kings charges, and wholly paid with the Kings Treasure, as the Ar∣mies of Queen Elizabeth, and King James have been; as the conquest had been sooner atchieved, so the serviters had been contented with lesser proportions.

For, when Scipio, Pompey, Caesar, and other Generals of the Roman Ar∣mies, as Subjects and Servants of that

State,* 1.191 and with the publick charge had conquered many Kingdoms and Com∣monweals, we find them rewarded with Honourable Offices and Tri∣umphes at their return; and not made Lords and proprietors of whole Pro∣vinces and Kingdoms, which they had subdued,* 1.192 to the Empire of Rome. Like∣wise when the Duke of Normandy had conquered England, which he made his own work, and performed it in his own person, he distributed sundry Lordships and Mannors unto his fol∣lowers, but gave not away whole Shires and Countreys in demeasne to any of his servitors, whom he most desired to advance.* 1.193 Only, he made Hugh Lupus County Palatine of Chester, and gave that Earldom to him and his Heirs, to hold the same, Ita liberè ad gladium, sicut Rex tenebat Angliam ad Coronam. Whereby that Earldom indeed had a royal Jurisdiction and Seigniory, though the Lands of that County in demeasne, were possessed for the most part by the ancient Inheritors.

Again, from the time of the Nor∣man

Conquest,* 1.194 till the raign of King Edward the first, many of our English Lords, made war upon the Welsh∣men at their own charge; the Lands which they gained they held to their own use, were called Lords Marchers, and had Royal Liberties within their Lordships. Howbeit, these particular Adventurers, could never make a per∣fect Conquest of Wales.

But when King Edward the first, came in person with his army thither, kept his residence and Court there; made the reducing of Wales, an enterprize of his own; he finished that work in a year or two, whereof the Lords Mar∣chers had not performed a third part, with their continual bordering war, for two hundred years before. And with∣all we may observe, that though this King had now the Dominion of Wales in Jure proprietatis, as the Statute of Rutland affirmeth; which before was subject unto him, but in Jure feodali: And though he had lost divers princi∣pal Knights and Noblemen in that war, yet did he not reward his servi∣tors

with whole Countries or Counties, but with particular Mannors and Lord∣ships: as to Henry Lacy Earl of Lincolne, he gave the Lordship of Denbigh; and to Reignold Gray, the Lordship of Ru∣then, and so to others. And if the like course had been used in the winning and distributing the lands of Ireland, that Island had been fully conquered before the continent of Wales had been reduced. But the troth is, when Pri∣vate men attempt the Conquest of Countries at their own charge, com∣monly their enterprizes do perish with∣out success: as when, in the time of Queen Elizabeth, Sir Thomas Smith, un∣dertook to recover the Ardes: and Chatterton, to reconquer then Fues and Orier. The one lost his Son; and the other, Himself; and both their Adventures came to nothing. And as for the Crown of England, it hath had the like fortune in the Conquest of this land, as some purchasers have; who desire to buy land at too easie a Rate: they finde those cheap pur∣chases so full of trouble, as they spend

twice as much as the Land is worth, be∣fore they get the quiet possession there∣of.

And as the best pollicy was not ob∣served in the distribution of the con∣quered Lands; so as I conceive, that the first Adventurers, intending to make a full Conquest of the Irish, were deceived in the choise of the fittest places for their plantation. For they sate down, and erected their Castles and Habitations in the Plains and open Countries; where they found most fruitful and profitable Lands, and turned the Irish into the Woods and Mountains: Which, as they were proper places for Out-Laws and Thieves, so were they their Natural Castles and Fortifica∣tions; thither they drave their preys and stealths: there they lurkt, and lay in wait to do mischief. These fast pla∣ces they kept unknown, by making the wayes and Entries thereunto impassible; there they kept their Creaghts or Heardes of Cattle, living by the milke of the Cow, without Husbandry or Tillage; there they en∣creased

and multiplied unto infinite numbers by promiscuous generation among themselves; there they made their Assemblies and Conspiracies without discovery: But they discove∣red the weakness of the English dwelling in the open plains; and there∣upon made their sallies and retreats with great advantage. Whereas, on the other side, if the English had build∣ed their Castles and Towns in those places of fastness, and had driven the Irish into the Plains and open Countries, where they might have had an eye and observation upon them, the Irish had been easily kept in Or∣der, and in short time reclaimed from their wildeness; there they would have used Tillage, dwelt together in Town-ships, and learned Mechanical Arts and Sciences. The woods had been wasted with the English Habitations, as they are about the Forts of Maribo∣rough and Philipston, which were built in the fastest places in Leinster, and the wayes and passages throughout Ire∣land, would have been as clear and

open, as they are in England at this day.

AGain, if King Henry the Second,* 1.195 who is said to be the King that Conquered this Land, had made For∣rests in Ireland, as he did enlarge the Forrests in England (for it appeareth by Charta de Foresta, that he afforrested many woods and wasts, to the griev∣ance of the Subject, which by that Law were disaforrested,) or if those English Lords, amongst whom the whole Kingdom was divided, had been good Hunters, and had redu∣ced the Mountains, Boggs, and Woods within the limits of Forrests, Chases, and Parks; assuredly, the very Forrest Law, and the Law de Male∣factoribus in parcis, would in time have driven them into the Plains and Coun∣tries inhabited and manured, and have made them yield up their fast places to those wilde Beasts, which were indeed less hurtful and wilde than they. But it seemeth strange to me, that in all the Records of this

Kingdom, I seldom find any mention made of a Forrest; and never of any Parke or Free-warren; considering the great plenty both of Vert and Veni∣son within this Land; and that the chief of the Nobility and Gentry are descended of English race; and yet at this day, there is but one Parke stored with Deer in all this Kingdom: which is a Parke of the Earl of Ormonds, neer Kilkenny. It is then manifest, by that which is before expressed; that the not communicating of the English laws to the Irish; the over large Grants of Lands and Liberties to the English; the plantation made by the English in the Plains and open Countries, leaving the Woods and Mountains to the Irish, were great Defects in the Civil pollicy, and hindered the per∣fection of the Conquest very much. Howbeit, notwithstanding these De∣fects and Errours, the English Colo∣nies stood and maintained themselves in a reasonable good estate, as long as they retained their own ancient Laws and customs, according to

that of Ennius:* 1.196 Moribus antiquis res stat. Romana virisque. But when the civil Government grew so weak and so loose, as that the English Lords would not suffer the English laws to be put in execution within their Territories and Seigniories, but in place thereof, both they and their people, embraced the Irish customs: Then the estate of things, like a Game at Irish, was so turn∣ed about, as the English, which ho∣ped to make a perfect Conquest of the Irish, were by them perfectly and ab∣solutely conquered; because Victi victo∣ribus leges dedere. A just punishment to our Nation, that would not give Laws to the I∣rish, when they might: and therefore now the Irish gave Laws to them. Therefore, this Defect and failing of the English Ju∣stice, in the English Colonies; and the inducing of the Irish customs in lieu thereof, was the main impediment that did arrest and stop the course of the Conquest; and was the only mean that enabled the Irishry to recover their strength again.

* 1.197FOr, if we consider the Nature of the Irish Customs, we shall find that the people, which doth use them, must of necessity be Rebels to all good Government, destroy the com∣monwealth wherein they live, and bring Barbarisme and desolation up∣on the richest and most fruitfull Land of the World.* 1.198 For, whereas by the just and Honourable Law of England, and by the Laws of all other well-go∣verned Kingdoms and Commonweals, Murder, Man-slaughter, Rape, Rob∣bery, and Theft, are punished with death; By the Irish Custom, or Bre∣hon Law, the highest of these offences was punished only by Fine, which they called an Ericke. Therefore, when Sir William Fitz-Williams, (being Lord Deputy,* 1.199) told Maguyre, that he was to send a Sheriff into Fermannagh, being lately before made a County; your Sheriff (sa••d Maguyre) shall be wel∣come to me, but let me know his E∣ricke, or the price of his head afore hand; that if my people cut it off, I may cut the Ericke upon the Countrey. As for

Oppression, Exto••tion, and other tres∣passes, the weaker had never any re∣medy against the stronger: whereby it came to pass, that no man could enjoy his Life, his Wife, his Lands or Goods in safety, if a mightier man than himself had an appetite to take the same from him. Wherein they were little better than Cannibal, who do hunt one another; and he that hath most strength and swiftness, doth eat and devour all his fellowes.

Again, in England, and all well ordered Common-wea••s, Men have certain estates in their Lands and pos∣sessions, and their inheritances de∣scend from Father to Son, wh••ch doth give them encouragement to build, and to plant, and to improve their Lands, and to make them better for their posterities. But by the Irish Cu∣stom of Tanistry,* 1.200 the Chieftanes of every Country, and the chief of e∣very Sept, had no longer estate than for life in their Cheefe••ies, the inheri∣tance whereof, did ••est in no man. And these Cheeferies, though they

had some portions of Lands allotted unto them, did consist chiefly in cut∣tings and Cosheries, and other Irish exactions, whereby they did spoile and impoverish the people at their pleasure. And when their Chieftanes were dead, their Sons or next heirs did not succeed them, but their Ta∣nistes, who were Elective, and purcha∣sed their elections by strong hand; And by the Irish Custom of Gavel-kinde,* 1.201 the inferiour Tennanties were partible amongst all the Males of the Sept, both Bastards and Legitimate: and after partition made, if any one of the Sept had dyed, his portion was not divided among his Sons, but the chief of the sept, made a new partition of all the Lands belonging to that Sept, and gave every one his part according to his antiquity.

* 1.202THese two Irish Customs made all their possessions uncertain, being shuffled, and changed, and removed so often from one to another, by new elections and partitions; which un∣certainty

of estates, hath been the true cause of such Desolation and Barbarism in this Land, as the like was never seen in any Countrey, that professed the name of Christ. For though the Irishry be a Nation of great Antiquity, and wanted neither wit nor valour; and though they had received the Christian Faith, above 1200 years since; and were lovers of Musick, Poetry, and all kinde of Learning; and possessed a Land abounding with all things neces∣sary for the civil life of man; yet (which is strange to be related) they did never build any houses of brick or stone (some few poor Religious Houses excepted) before the Reign of King Henry the second, though they were Lords of this Island for many hundred years before, and since the Conquest attempted by the English: Albeit, when they saw us build Castles upon their borders, they have onely in imitation of us, erected some few piles for the Cap∣tains of the Countrey: yet I dare boldly say, that never any particular per∣son, either before or since, did build

any stone or brick house for his private habitation; but such as have lately ob∣tained estates, according to the course of the Law of England. Neither did any of them in all this time, plant any Ga••∣dens or Orchards, inclose or improve their Lands, live together in sett••ed Vi••lages or Towns, nor made any pro∣vision for posterity; which be••ng a∣gainst all common sense and reason, must needs be imputed to those unrea∣sonable Customs, which made their estates so uncertain and transitory in their possessions.

For, who would plant or improve, or build upon that Land, which a stranger, whom he knew not, shou••d possess after his death? For that (as Salomon noteth) is one of the strangest vanities under the Sun. And th••s is the true reason why Ʋlster, and all the Ir••sh Countreys are found so waste and deso∣late at this day; and so would they con∣tinue till the worlds end, if these cu∣stoms were not abolished by the Law of England.

Again, that Irish custom of Gavil-kinde,

did breed another mischief; for thereby, every man, being born to Land, as well Bastard, as Legitimate, they all held themselves to be Gentle∣men. And though their portions were never so small, and themselves never so poor (For Gavel-kinde must needs in the and make a poor Gentility) yet did they scorn to descend to H••sbandry or Mer∣chandize, or to learn any Mechanical Art or Science. And this is the true cause why there were never any Cor∣porate Towns erected in the Irish Coun∣tries. As for the Maritime Cities and Towns, most certain it is, that they were built and peopled by the Oostmen or Easterlings: for the Natives of Ireland never performed so good a work, as to build a City. Besides, these poor Gen∣tlemen were so affected unto their small portions of Land, as they rather chose to live at home by Theft, Extortion, and Coshering, than to seek any better for∣tunes abroad: which encreased their Septs or Sirnames into such numbers, as the••e are not to be found in any King∣dom of Europe, so many Gentlemen of

one Blood, Family, and Sirname, as there are of the Oneals in Ʋlster; of the Bourks, in Conaght; of the Geraldine•• and Butlers, in Munster and Leinster. And the like may be said of the inferior Bloods and Families; whereby it came to pass in times of Trouble and Dis∣sention, that they made great parties and factions, adhering one to another, with much constancy; because they were tied together, Vinculo sanguinis; whereas Rebels and Malefactors, which are tied to their Leaders by no band, either of Duty or blood, do more easi∣ly break and fall off one from ano∣ther. And besides, their co-habita∣tion in one Countrey or Territory, gave them opportunity suddenly to as∣semble, and conspire, and rise in mul∣titudes against the Crown. And even now, in the time of peace, we finde this inconvenience, that there can hard∣ly be an indifferent trial had between the King and the Subject, or between party and party, by reason of this gene∣ral Kindred and Consanguinity.

BUT the most wicked and michie∣vous custom of all others,* 1.203 was that of Coigne and Livery, often before men∣tioned; which consisted in taking of Mans-meat, Horse-meat, and Money, of all the inhabitants of the Countrey, at the will and pleasure of the Souldier, who as the phrase of Scripture is, Did eat up the people as it were bread; for that he had no other entertainment. This Extortion was originally Irish, for they used to lay Bonaght upon their people, and never gave their Souldier any other pay.* 1.204 But when the English had learned it, they used it with more insolency, and made it more intolle∣rable; for this oppression was not tem∣porary, or limited either to place or time; but because there was every where a continual War, either Offen∣sive, or Defensive; and every Lord of a Countrey, and every Marcher made War and Peace at his pleasure, it be∣came universal and perpetual; and was indeed the most heavy oppression, that ever was used in any Christian, or Hea∣then

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Kingdom. And thefore Vox Op∣pressorum, this crying sin, did draw down as great, or greater plagues up∣on Ireland, than the oppression of the Israelites did draw upon the Land of Egypt. For the plagues of Egypt, though they were grievous, were but of a short continuance. But the plagues of Ireland, lasted four hundred years to∣gether. This Extortion of Coigne and Livery, did produce two notorious effects. First, it made the Land waste; Next, it made the people idle. For,* 1.205 when the Husbandman had la∣boured all the year, the Souldier in one night, did consume the fruits of all his labour, Longique perit labor irritu•• anni. Had he reason then to manure the Land for the next year? Or ra∣ther might he not complain as the Shepherd in Virgil:

Impius haec tam culta novalia miles habebit? Barbarus has segetes? En quo discordia cives Perduxit miseros? En queis consevimus agros?

AND hereupon of necessity came depopulation, banishment, and ex∣tirpation of the better sort of Sub∣jects: and such as remained, became idle, and looke••s on, expecting the e∣vent of those miseries and ev••l times: So as this extream Extortion and Op∣pression, hath been the true cause of the idleness of this Irish Nation;* 1.206 and that rather the vulgar sort have chosen to be Beggars in Forreign Countreys, than to manure their own fruitful Land at home.

Lastly,* 1.207 this oppression did of force and necessity make the Irish a crafty people: for such as are oppressed and live in slavery, are ever put to their shifts; Ingenium mala saepe movent; And therefore, in the o••d Comedies of Plan∣tus and Terence, the Bondslave doth al∣ways act the cunning and crafty part. Besides, all the common people have a whining tune or Accent in their speech,* 1.208 as if they did still smart or suffer some oppression. And this idleness, toge∣ther with fear of imminent mischiefs,

which did continually hang over their heads, have been the cause, that the Irish were ever the most inquisitive people after news, of any Nation in the World. As S. Paul himself made observation upon the people of Athens; that they were an idle people, and did nothing but learn and tell news. And because these News-carriers, did by their false intelligence, many times raise troubles and rebellions in this Realm, the Statute of Kilkenny, doth punish News-tellers) by the name of Skelaghes) with fine and ransome.

This Extortion of Coigne and Livery, was taken for the maintenance of their men of War; but their Irish exactions extorted by the Chieftains and Tanists, by colour of their barbarous Seignory, were almost as grievous a burthen as the other;* 1.209 namely Cosherings, which were visitations and progresses made by the Lord and his followers, among his Te∣nants: wherein he did eat them (as the English Proverb is) Out of House and home.* 1.210 Sessings of the Kern, of his family, called Kernety, of his Horses

and Horse-boys; of his Dogs and Dog-boys, and the like: And lastly, Cuttings,* 1.211 Tallages, or Spendings, high or low, at his pleasure; all which, made the Lord an absolute Tyrant, and the Tennant a very Slave and Villain; and in one re∣spect more miserable than Bond-slaves. For commonly the Bondslave is fed by his Lord, but here the Lord was fed by his Bondslave.

Lastly, there were two other Cu∣stoms proper and peculiar to the Irishry, which being the cause of many strong Combinations and Factions, do tend to the utter ruine of a Com∣monwealth: The one, was Fostering; the other, Gossipred; both which have ever been of greater estimation among this people, than with any other Na∣tion in the Christian World. For Foster∣ing, I did never hear or read, that it was in that use or reputation in any other Countrey, Barbarous or Civil, as it hath been, and yet is, in Ireland: where they put away all their children to Fosterers: the potent and rich men Sellings; the meaneri sort Buying, the al∣terage

of their Children; and the rea∣son is, because in the opinion of this people, Fostering hath always been a stronger alliance than Blood; and the Foster-Children do love, and are be∣loved of their Foster-Fathers, and their Sept, more than of their own natural Parents and Kindred; and do partici∣pate of their means more frankly, and do adhere unto them in all For∣tunes, with more affection and con∣stancy. And though Tully in his Book of Friendship doth observe, that chil∣dren of Princes being sometimes in cases of necessity, for saving of their lives de∣livered to Shepherds to be nourished and bred up, when they have been re∣stored to their great fortunes, have still retained their love and affection to their Fosterers, whom for many years they took to be their Parents: yet this was a rare case, and few examples are to be found thereof.

But such a general custom in a Kingdom, in giving and taking chil∣dren to Foster, making such a firm alliance as it doth in Ireland, was ne∣ver

seen or heard of, in any other Coun∣trey of the World besides.

THE like may be said of Gossipred,* 1.212 or Compaternity, which though by the Canon Law, it be a Spiritual affi∣nity, and a Juror that was Goship to either of the parties, might in former times have been challenged, as not in∣different by our Law, yet there was no Nation under the Sun, that ever made so Religious account thereof, as the Irish.

Now these two Customs, which of themselves are indifferent in other Kingdoms, became exceeding evil and full of mischief in this Realm, by reason of the inconveniences which followed thereupon. For, they made (as I said before) strong parties and factions, whereby the great men were enabled to oppress their Inferiors▪ and to oppose their Equals: and their followers were born out and counte∣nanced in all their lewd and wick∣ed actions: For Fosterers and Gossips by the common custom of Ireland;

were to maintain one another in all causes lawful, and unlawful; which as it is a Combination and Confederacy punishable in all well-govern Common∣weals, so was it not one of the least causes of the common misery of this Kingdom.

I omit their common repudiati∣on of their Wives; their promiscuous generation of Children; their neglect of lawful Matrimony; their unclean∣ness in Apparel, Diet, and Lodging; and their contempt and scorn of all things necessary for the civil life of man.

* 1.213These were the Irish Customs, which the English Colonies did em∣brace and use, after they had reject∣ed the Civil and Honorable Laws and Customs of England, whereby they became Degenerate and Metamor∣phosed like Nebuchadnezzar: who al∣though he had the face of a man, had the heart of a beast; or like those who had drunk of Circes Cup, and were turned into very Beasts; and yet took such pleasure in their beastly manner

of life, as they would not return to their shape of men again: Insomuch, as within less time than the age of a man, they had no marks or diffe∣rences left amongst them of that No∣ble Nation, from which they were descended. For, as they did not onely forget the English Language, and scorn the use thereof, but grew to be asha∣med of their very English Names, though they were Noble and of great Antiquity; and took Irish Sirnames and Nick-names. Namely, the two most potent Families of the Bourks in Conaght (after the House of the Red Earl failed of Heirs males) called their Chiefs, Mac William Fighter, and Mac William Oughter. In the same Pro∣vince, Bremingham, Baron of Athenrie, called himself Mac Yoris. Dexecester or De'exon, was called Mac Jordan. Man∣gle, or de Angulo, took the name of Mac Costelo. Of the Inferior families of the Bourkes, one was called Mac Hubbard, another Mac David. In Munster, of the great Families of the Geraldines plant∣ed there; one was called Mac Morice,

chief of the House of Lixnaw; and an∣other, Mac Gibbon, who was also cal∣led the White Knight. The chief of the Baron of Dunboynes house, who is a branch of the House of Ormond, took the Sirnames of Mac Pheris. Condon of the County 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; whereof these degenerate families be∣came more mortal enemies, than the meer Irish. And whereas the State and Government being grown weak by their defection, did to reduce them to Obedience, grant them many Pro∣tections and Pardons (The cheapness whereof, in all ages, hath brought great dishonor and damage to this Commonweal) they grew so ungrateful and unnatural, as in the end they scorned that g••ace and favour, because the acceptance thereof, did argue them to be s••bjects, and they desired rather to be accounted Enemies, than Rebels to the Crown of England.

Hereupon was that old Verse made,* 1.214 which I finde written in the White Book of the Exchequer, in a hand as ancient as the time of King Edward the third.

By granting Charters of peas, To false English withouten les, This Land shall be mich undoo. But Gossipred, and alterage, And leesing of our Languge, Have mickely holp theretoo.

And therefore, in a Close Roll in the Tower, bearing this title, Articuli in Hi∣bernia observandi: we finde these two Articles among others. 1.* 1.215 Justiciarius Hiberniae non concedat perdonationes de morte hominis, nec de Roberiis, seu incen∣diis, & quod de caetero certificet dominum regem de nominibus petentium. 2. Item, Quod nec Justiciarius nec aliquis Mag∣nas Hiberniae concedat protectiones alicui contra pacem Regis existent. &c. But now it is fit to look back and con∣sider when the old English Colonies became so degenerate; and in what

age they fell away into that Irish Barba∣rism, rejecting the English Laws and Customes.* 1.216 Assuredly, by comparing the ancient Annales of Ireland, with the Records remaining here, and in the Tower of London, I do finde that this general defection, fell out in the latter end of the Reign of King Edward the second, and in the beginning of the Reign of King Edward the third. And all this great Innovation, grew within the space of thirty years: within the compass of which time, there fell out divers mischievous accidents, whereby the whole kingdom was in a manner lost.* 1.217 For first, Edward de Bruce invaded Ireland with the Scottish Army, and prevailed so far, as that he possessed the Maritime parts of Ʋlster, marched up to the walls of Dublin, spoiled the English Pale, passed thorough Leinster and Munster, as far as Limerick, and was Master of the field in every part of the Kingdom.

This hapned in the tenth year of King Edward the second, at what time the Crown of England was weaker, and

suffered more dishonour in both King∣doms, than it did at any time since the Norman Conquest.* 1.218 Then did the State of England send over John de Hotham to be Treasurer here, with commission to call the great Lords of Ireland to∣gether; and to take of them an Oath of Association, that they should loyally joyn together in life and death to pre∣serve the right of the King of England, and to expel the common enemy. But this Treasurer brought neither men, nor mony, to perform this service.

At that time, though Richard Bourk Earl of Ʋlster (commonly called the Red Earl) were of greater power than any other Subject in Ireland, yet was he so far stricken in years, as that he was unable to manage the martial af∣fairs, as he had done during all the raign of King Edward the first: having been General of the Irish forces, not only in this Kingdom, but in the Wars of Scotland, Wales, and Gascoign.* 1.219 And therefore, Maurice Fitz-Thomas of Des∣mond, being then the most active No∣ble man in this Realm, took upon him

the chief command in this War: for the support whereof, the Revenue of this Land was farr too short, and yet no supply of Treasure was sent out of Eng∣land.

Then was there no means to maintain the Army,* 1.220 but by Sessing the Soldiers upon the Subject, as the Irish were wont to impose their Bonaught. Where∣upon, grew that wicked Extortion of Coigne and Livery spoken of before, which in short time banished the great∣est part of the Free-holders out of the County of Kerry, Limerirk, Corke, and Waterford; Into whose possessions, Desmond and his Kinsemen, Allies, and Followers, which were then more I∣rish than English, did enter and appro∣priate these Lands unto themselves, Desmond himself taking what scopes he best liked for his demeasnes in every Countrey, and reserving an Irish Seig∣niory out of the rest. And here, that I may verifie and maintain by matter of Record, that which is before deli∣vered touching the Nature of this wicked Extortion, called Coigne and

Livery; and the manifold mischiefs it did produce, I think it fit and pertinent to insert the preamble of the Statute of 10. of Henry seventh, c. 4. not printed, but recorded in Parliament Rols of Dublin, in these words: At the request and supplication of the Commons of this Land of Ireland, that where of long time there hath been used and exacted by the Lords and Gentlemen of this Land, many and divers damnable customs and usages, which been called Coigne and Li∣very, and Pay; that is, Horse meat and Mans meat, for the finding of their Horse∣men and Foot-men; and over that, 4. d. or 6. d. daily to every of them to be had and paid of the poor Earth Tillers, and Tenants, inhabitants of the said Land, without any thing doing or paying there∣fore. Besides, many Murders, Robberies Rapes, and other manifold extortions and oppressions by the said Horsemen and Footmen, daily and nightly committed and done; which been the principal causes of the desolation and destruction of the said Land, and hath brought the same into ruine and Decay, so as the

most part of the English Free-holders and Tenants of this Land been departed out thereof, some into the Realm of England, and other some to other strange Lands; whereupon the foresaid Lords and Gentlemen of this Land, have in∣truded into the said Free-holders and Tenants inheritances; and the same keep∣eth and occupieth as their own inheri∣tances; and setten under them in the same Land the Kings Irish Enemies, to the di∣minishing of Holy Churches Rites, the dis∣herison of the King, and his obedient Subjects, and the utter ruine and desola∣tion of the Land. For reformation whereof, be it enacted, That the King shall receive a Subsidy of 26. s. 8. d. out of every 120. acres of arable land ma∣nured, &c. But to return to Thomas Fitz-Maurice of Desmond; By this extorti∣on of Coigne and Livery, he suddainly grew from a mean, to a mighty estate; insomuch as the Baron Finglas in his discourse of the decay of Ireland, af∣firmeth; that his ancient inheritance being not one thousand marks yearly, he became able to dispend every way,

ten thousand pounds, per annum.

These possessions being thus unlaw∣fully gotten, could not be maintained by the just and honourable Law of Eng∣land, which would have restored the true Owners to their Land again. And therefore, this Great man found no means to continue and uphold his ill-purchased greatness, but by rejecting the English Law and Government, and assuming in lieu thereof, the barbarous customs of the Irish. And hereupon, followed the defection of those four shires, containing the greatest part of Munster, from the obedience of the Law.

In like manner (saith Baron Finglas) the Lord of Tipperary (perceiving how well the house of Desmond had thrived by Coigne and Livery, and other Irish exactions) began to hold the like course in the Counties of Tipperary and Kilkenny; whereby he got great scopes of Land, especially in Ormond; and raised many Irish exactions upon the English Free-holders there; which made him so potent and absolute among

them, as at that time they knew no other Law, than the will of their Lord. Besides, finding, that the Earl of Des∣mond excluded the ordinary Ministers of Justice, under colour of a Royal liberty, which he claimed in the Coun∣ties of Kerry, Corke, and Waterford, by a grant of King Edward the first, (as appeareth in a Quo warranto, brought against him, Anno 12. Edw. 1.) the Record whereof, remaineth in Breminghams Tower, among the com∣mon Plea-Rolls there.

This Lord also, in the third of Ed∣ward the third, obtained a Grant of the like liberty in the County of Tip∣perary, whereby he got the Law into his own hands, and shut out the Com∣mon Law and Justice of the Realm.

And thus we see that all Munster fell away from the English law and Govern∣ment, in the end of King Edward the second, his raign; and in the begin∣ning of the raign of King Edward the third. Again, about the same time, (viz.) in the 20. year of King Edward the second, when the State of England

was well-ny ruined by the Rebellion of the Barons, and the Government of Ireland utterly neglected, there a∣rose in Leinster, one of the Cavanaghes,* 1.221 named Donald Mac Art, who named himself Mac Murrogh, King of Leinster, and possessed himself of the County of Catherlogh, and of the greatest part of the County of Wexford. And short∣ly after Lisagh O Moore, called himself O Moore, took eight Castles in one Eve∣ning, destroyed Duamase the principal house of the L. Mortimer in Leix, re∣covered that whole Country, De servo Dominus, de subjecto princeps effectus, saith Friar Clynn in his Annalls.

Besides the Earl of Kildare, imitating his Cosin of Desmond, did not omit to make the like use of Coigne and Li∣very in Kildare, and the West part of Meath, which brought the like Bar∣barisme into those parts. And thus a great part of Leinster was lost, and fell away from the Obedience of the Crown, near about the time before ex∣pressed.

Again, in the seventh year of

King Edward the Third, the Lord Wil∣liam Bourke, Earl of Ʋlster, and Lord of Conaght,* 1.222 was treacherously murde∣red by his own Squires at Knockfergus, leaving behinde him, Ʋnicam & u∣nius anni filiam (saith Friar Clinne.) Immediately upon the murder com∣mitted,* 1.223 the Countess with her young daughter fled into England; so as the Government of that Country, was wholly neglected, until, that young Lady being married to Lionel Duke of Clarence, that Prince came over with an Army, to recover his Wives inhe∣ritance, and so reform this Kingdom, Anno 36. of Edward the third. But in the mean time, what became of that great inheritance both in Ʋlster and Co∣naght? Assuredly,* 1.224 in Ʋlster, the Sept of Hugh Bog O Neal, then possessing Glau∣coukeyn and Killeightra in Tyrone, took the opportunity; and passing over the Banne,* 1.225 did first expel the English out of the Barony of Tuscard, which is now called the Rout; and likewise, out of the Glynnes and other Lands up as far as Knockfergus, which Coun∣trey

or extent of Land, is at this day called, the lower Clan Hugh-Boy. And shortly after that, they came up into the great Ardes; which the Latin wri∣ters call, Altitudines Ʋltoniae, and was then the inheritance of the Savages; by whom, they were valiantly resist∣ed for divers years: but at last: for want of Castles and fortifications (for the saying of Henry Savage mentioned in every Story, is very memorable; That a Castle of Bones, was better than a Castle of Stones.) the English were o∣ver-run by the multitude of the Irishry:* 1.226 So as about the thirtieth of King Edward the third, some few years before the ar∣rival of the Duke of Clarence, the Sava∣ges were utterly driven out of the Great Ardes, into a little nook of Land near the River of Strangford; where they now possess a little Territory, called the little Ardes; and their greater patri∣mony took the name of the upper Clan Hugh-Boy, from the Sept of Hugh Boy O Neale, who became Invaders thereof.

* 1.227FOr Conaght, some younger branches of the Family of the Bourkes, being planted there by the Red Earl and his Ancestors, seeing their chief to be cut off, and dead without Heir-male, and no man left to govern or protect that Province, intruded presently in∣to all the Earls Lands, which ought to have been seized into the Kings hands, by reason of the minority of the heir. And within a short space, two of the most potent among them, divi∣ded that great Seigniory betwixt them the one taking the name of Mac Wil∣liam Oughtier;* 1.228 and the other of Mac Wil∣liam Fighter; as if the Lord William Bourke the last Earl of Ʋlster, had left two Sons of one name behind him to inherit that Lordship in course of Ga∣vel-kind. But they well knew, that they were but Intruders upon the Kings possession during the minority of the heir; they knew those Lands were the rightfull inheritance of that young Lady; and consequently, that the Law of England would speedily evict them out of their possession; and

therefore, they held it the best pollicy to cast off the yoak of English Law, and to become meer Irish: and ac∣cording to their example, drew all the rest of the English in that Province, to do the like; so as from thenceforth they suffered their possessions to run in course of Tanistry and Gavel-kinde. They changed their names, language, and apparel, and all their civil man∣ners and Customs of living. Lastly, about the 25.* 1.229 year of King Edward the third, Sir Richard de Clare was slain in Thomond, and all the English Colonies there utterly supplanted.

Thus in that space of time, which was between the tenth year of King Edward the second, and the 30. year of King Edward the third, (I speak with∣in compass) by the concurrence of the mischiefs before recited, all the old English Colonies in Munster, Co∣naght, and Ʋlster; and more than a third part of Leinster, became degenerate, and fell away from the Crown of Eng∣land; so as only the four shires of the English Pale, remained under the

Obedience of the Law; and yet the Borders and Marches thereof, were grown unruly, and out of order too, being subject to Black-Rents and Tri∣bute of the Irish;* 1.230 which was a greater defection, than when ten of twelve Tribes departed, and fell away from Kings of Juda.

But was not the State of England sensible of this loss and dishonour? Did they not endeavour to recover the Land that was lost, and to reduce the Subjects to their Obedience?

Truly King Edward the Second, by the incursions of the Scottish Na∣tion, and by the insurrection of his Barons, who raised his Wife and his Son against him, and in the end deposed him, was diverted and utter∣ly disabled to reform the disorders of Ireland.* 1.231 But as soon as the Crown of England was transferred to King Ed∣ward the third, though he were yet in his minority, the State there began to look into the desperate estate of things here. And finding such a general de∣fection, Letters were sent from the

King, to the great men and Prelates,* 1.232 requiring them particularly to swear feal••y to the Crown of England.

Shortly after, Sir Anthony Lucy, a Person of great authority in England in those dayes, was sent over to work a reformation in this Kingdom, by a severe course; and to that end, the King wrote expresly to the Earl of Ʋlster, and others of the Nobility to assist him, as is before remembred; presently upon his arrival, he arrested Maurice Fitz-Thomas Earl of Desmond; and Sir William Bremingham, and com∣mitted them prisoners to the Castle of Dublin:* 1.233 where Sir William Breming∣ham was executed for Treason, though the Earl of Desmond were left to Mainprize, upon condition, he should appear before the King by a certain day, and in the mean time to continue loyal.

AFter this, the King being adver∣tised, that the over-large Grants of Lands and Liberties, made to the Lords of English blood in Ireland,

made them so insolent, as they scorn∣ed to obey the Law, and the Magi∣strate, did absolutely resume all such Grants,* 1.234 as is before declared. But the Earl of Desmond above all men, found himself grieved with this resumption, or Repeal of Liberties; and declared his dislike and discontentment: inso∣much, as he did not only refuse to come to a Parliament at Dublin, sum∣moned by Sir William Morris, Deputy to the Lord John Darcy the Kings Lieu∣tenant: But (as we have said before) he raised such dissention between the English of blood, and the English of birth, as the like was never seen, from the time of the first planting of our Nation in Ireland. And in this factious and seditious humour, he drew the Earl of Kildare, and the rest of the no∣bility,* 1.235 with the Citizens and Burgesses of the principal Towns, to hold a several Parliament by themselves, at Kilkenny; where they framed cer∣tain Articles against the Deputy, and transmitted the same into England to the King.

Hereupon, Sir Raphe Ʋfford,* 1.236 who had lately before married the Coun∣tess of Ʋlster; a man of courage and severity, was made Lord Justice: who forthwith calling a Parliament, sent a special Commandment to the Earl of Desmond, to appear in that great Councel; but the Earl wilfully refu∣sed to come. Whereupon, the Lord Justice raised the Kings Standard,* 1.237 and marching with an Army into Mun∣ster, seized into the Kings hands, all the possessions of the Earl, took and executed his principal followers, Sir Eustace le Poer, Sir William Graunt, and Sir John Cotterell; enforced the Earl himself to fly and lurk, till 26. Noble∣men and Knights, became Mainper∣nors for his appearance at a certain day prefixed: But he making default the second time, the uttermost advan∣tage was taken against his sureties. Be∣sides at the same time, this Lord Ju∣stice caused the Earl of Kildare to be arrested and committed to the Castle of Dublin, indited and imprisoned ma∣ny other disobedient Subjects, called

in and cancelled such Charters asw ere lately before resumed; and proceed∣ed every way so roundly and severe∣ly, as the Nobility, which were wont, to suffer no controulment, did much distaste him; and the Commons, who in this Land have ever been more de∣voted to their immediate Lords here, whom they saw every day, than unto their Soveraign Lord and King, whom they never saw; spake ill of this Go∣vernor, as of a rigorous and cruel man, though in troth he were a singular good Justicer; and, if he had not dyed in the second year of his Govern∣ment, was the likeliest person of that Age,* 1.238 to have reformed and reduced the degenerate English Colonies, to their natural obedience of the Crown of England.

THus much then then we may observe by the way, that Maurice Fitz-Tho∣mas, the first Earl of Desmond, was the first English Lord that imposed Coign and Livery upon the Kings Subjects; and the first that raised his Estate to

immoderate greatness, by that wick∣ed Extortion and Oppression; that he was the first that rejected the English Laws and Government, and drew others by his example to do the like; that he was the first Peer of Ireland that refused to come to the Parlia∣ment summoned by the Kings Autho∣rity; that he was the first that made a division and distinction between the English of blood, and the English of birth.

AND as this Earl was the onely Au∣thor,* 1.239 and first Actor of these mis∣chiefs, which gave the greatest impedi∣ment to the full Conquest of Ireland; So it is to be noted, that albeit others of his rank afterwards offended in the same kinde; whereby their Houses were many times in danger of ruine, yet was there not ever any Noble house of English race in Ireland, ut∣terly destroyed and finally rooted out by the hand of Justice, but the house of Desmond onely; nor any Peer of this Realm ever put to death (though

divers have been attainted) but Tho: Fitz-James the Earl of Desmond onely, and onely for those wicked customs brought in by the first Earl, and pra∣ctised by his posterity, though by seve∣ral Laws they were made High-Treason. And therefore, though in the 7 of Ed∣ward the 4. during the Government of the Lord Tiptoft, Earl of Worcester, both the Earls of Desmond and Kildare were attainted by Parliament at Droghedah, for alliance and fostering with the Irish; and for taking Coigne and Livery of the Kings Subjects, yet was Desmond onely put to death; for the Earl of Kildare received his pardon. And albeit the son of this Earl of Desmond, who lost his head at Droghedah, were restored to the Earldom;* 1.240 yet could not the Kings grace regenerate obedience in that de∣generate house, but it grew rather more wilde and barbarous than before. For from thenceforth they reclaimed a strange priviledge, That the Earls of Desmond should never come to any Parlia∣ment or Grand Council, or within any walled Town, but at their will and plea∣sure.

Which pretended Priviledge, James Earl of Desmond, the Father of Girald the last Earl, renounced and sur∣rendred by his Deed, in the Chancery of Ireland, in the 32 of Henry the eighth. At what time, among the meer Irishry, he submitted himself to Sir Anthony Saint-Leger, then Lord Deputy; took an Oath of Allegiace, Covenanted that he would suffer the Law of England to be executed in his Countrey; and assist the Kings Judges in their Circuits: and if any Subsidies should be granted by Parliament, he would permit the same to be levied upon his Tenents and fol∣lowers. Which Covenants, are as strange as the priviledge it self, spoken of before. But that which I conceive most worthy of Observation, upon the fortunes of the house of Desmond, is this; that as Maurice Fitz-Thomas, the first Earl, did first raise the greatness of that house, by Irish exactions and oppressions; so Girald the last Earl, did at last ruine and reduce it to nothing, by using 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 Wa∣terford, with Coigne and Livery, Black Rents and Coshe••ies, after the Irish man∣ner, he was resisted by the Earl of Or∣mond, and upon an encounter, over∣thrown and taken prisoner; which made his heart so unquiet, as it easily con∣ceived Treason against the Crown, and brought forth actual and open Rebelli∣on, wherein he perished himself, and made a final extinguishment of his house and honor. Oppression and extortion did maintain the greatness: and oppres∣sion and extortion, did extinguish the greatness of that house. Which may well be exprest, by the old Emblem of a Torch turned downwards, with this word, Quod me alit, extinguit.

NOw let us return to the course of Reformation, held and pursued here, after the death of Sir Raphe Ʋf∣ford, which hapned in the twentieth year of King Edward 3. After which time, a••be••t all the power and Council of England was converted towards the

conquest of France, yet was not the work of Reformation altogether dis∣continued. For, in the 25 year of King Edward the third, Sir Thomas Rookeby, another worthy Governor (whom I have once before named) held a Parlia∣ment at Kilkenny, wherein many excel∣lent Laws were propounded and enact∣ed for the reducing of the English Co∣lonies to their obedience; which Laws we finde enrolled in the Remembrancers Office here; and differ not much in substance, from those other Statutes of Kilkenny,* 1.241 which not long after (during the Government of Lionel Duke of Clarence) were not onely enacted, but put in execution. This noble Prince having married the Daughter and Heir of Ʋlster; and being likewise a Copar∣cener of the County of Kilkenny, in the 36 year of King Edward the third, came over the Kings Lieutenant, attended with a good Retinue of Martial men, as is before remembred, and a grave and honorable Council, as well for peace, as for war. But because this Army was not of a competent strength

to break and subdue all the Irishry, al∣though he quieted the borders of the English Pale, and held all Ireland in awe with his name and presence. The prin∣cipal service that he intended, was to reform the degenerate English Colonies, and to reduce them to obedience of the English Law, and Magistrate. To that end, in the fortieth year of King Edward the third, he held that famous Parlia∣ment at Kilkenny; wherein many nota∣ble Laws were enacted, which do shew and lay open (For the Law doth best dis∣cover enormities) how much the English Colonies were corrupted at that time, and do infallibly prove that which is laid down before; That they were wholly degenerate, and faln away from their obedience. For first, it appeareth by the Preamble of these Laws, that the English of this Realm, before the coming over of Lionel Duke of Clarence, were at that time become meer Irish in their Language, Names, Apparel, and all their manner of living, and had reject∣ed the English Laws, and submitted themselves to the Irish, with whom

they had many Marriages and Alliances,* 1.242 which tended to the utter ruine and destruction of the Commom-wealth. Therefore alliance by Marriage, Nur∣ture of Infants,* 1.243 and Gossipred with the Irish, are by this Statute made High-Treason. Again,* 1.244 if any man of English race, should use any Irish Name, Irish Language, or Irish Apparel, or any other guise or fashion of the Irish; if he had Lands or Tenements, the same should be seized, till he had given secu∣rity to the Chancery, to conform him∣self in all points to the English manner of living. And if he had no Lands, his body was to be taken and imprison∣ed, till he found Sureties, as afore∣said.

Again, it was established and com∣manded,* 1.245 that the English in all their Controversies, should be ruled and go∣verned by the Common Law of England: and if any did submit himself to the Brehon Law, or March Law, he should be adjudged a Traytor.

Again,* 1.246 because the English at that time, made War and Peace with the

bordering Enemy at their pleasure; they were expresly prohibited to le∣vy War upon the Irish, without spe∣cial Warrant and Direction from the State.

* 1.247Again, it was made paenal to the English, to permit the Irish to Creaght or graze upon their Lands:* 1.248 to present them to Ecclesiastical Benefices;* 1.249 to re∣ceive them into any Monasteries, or Re∣ligious Houses, or to entertain any of their Minstrels, Rimers, or News-tellers: to impose or sess any Horse or Foot up∣on the English subjects against their wills,* 1.250 was made felony.* 1.251 And because the great Liberties or Franchises spoken of before, were become Sanctuaries for all Male∣factors, express power was given to the Kings Sheriffs, to enter into all Fran∣chises, and there to apprehend all Felons and Traytors.* 1.252 And lastly, because the great Lords, when they levied Forces for the Publike Service, did lay unequal burthens upon the Gentlemen and Free∣holders, it was ordained, that four Wardens of the Peace in every County, should set down and appoint what Men

and Armor every man should bear, ac∣cording to his Freehold, or other abili∣ty of esate.

THese, and other Laws,* 1.253 tending to a general reformation, were enacted in that Parliament. And the Execution of these Laws, together with the Pre∣sence of the Kings Son, made a notable alteration in the State and Manners of this people, within the space of seven years, which was the term of this Princes Lieutenancy.

For all the Discourses that I have seen of the Decay of Ireland, do agree in this, that the presence of the Lord Lio∣nel, and these Statutes of Kilkenny, did restore the English Government, in the degenerate Colonies, for divers years. And the Statute of the tenth of Henry the seventh,* 1.254 which reviveth and con∣firmeth the Statutes of Kilkenny, doth confirm as much. For it declareth, that as long as these Laws were put in ••ure and execution, this Land continued in prospe∣rity and honor: and since they were not executed, the Subjects rebelled and di∣gressed

from their Allegeance, and the Land fell to ruine and desolation. And withal, we finde the effect of these Laws in the Pipe-Rolls, and Plea-Ro••ls of this King∣dom: For, from the 36 of Edw. 3. when this Prince entred into his Government, till the beginning of Richard the second his Reign, we finde the Revenue of the Crown both certain and casual in Ʋlster, Munster, and Conaght, accounted for; and that the Kings Writ did run▪ and the Common Law was executed in every of these Provinces.* 1.255 I joyn with these Laws, the personal presence of the Kings Son, as a concurrent cause of this Reforma∣tion: Because the people of this Land, both English and Irish, out of a natural pride, did ever love and desire to be governed by great persons.* 1.256 And therefore, I may here justly take occasion to note, that first the absence of the Kings of Eng∣land; and next, the absence of those great Lords, who were inheritors of those mighty Seigniories of Leinster, Ʋlster, Conaght••, and Meath, have been main causes why this Kingdom was not reduced in so many ages.

TOuching the absence of our Kings,* 1.257 three of them onely since the Norman Conquest, have made Royal journeys into this Land; namely, King Henry the second, King John, and King Richard the second. And yet they no sooner arrived here, but that all the Irish∣ry (as if they had been but one man) sub∣mitted themselves; took Oathes of fi∣delity, and gave pledges and hostages to continue loyal. And, if any of those Kings had continued here in person a competent time, till they had settled both English and Irish in their several possessions, and had set the Law in a due course throughout the Kingdom; these times wherein we live, had not gained the honor of the final conquest and re∣ducing of Ireland. For the King (saith Salo∣mon) dissipat omne malum intuitu suo. But when Moses was absent in the Mount, the people committed Idolatry: and when there was no King in Israel, every man did what seemed best in his own eyes.

And therefore, when Alexander had conquered the East part of the World,

and demanded of one what was the fit∣est place for the seat of his Empire, he brought and laid a dry hide before him, and desired him to set his foot on the one side thereof; which being done, all the other parts of the hide did rise up: but when he did set his foot in the mid∣dle of the hide, all the other parts lay flat and even: Which was a lively demon∣stration, that if a Prince keep his resi∣dence in the border of his Dominions, the remote parts will easily rise and re∣bel against him: But if he make the Centre thereof his Seat, he shall easily keep them in peace and obedience.

* 1.258TOuching the absence of the great Lords: All Writers do impute the decay and loss of Leinster, to the absence of these English Lords, who married the five Daughters of William Marshal Earl of Pembroke,* 1.259 (to whom that great Seigniory descended) when his five Sons, who inherited the same successively; and during their times, held the same in peace and obedidence to the Law of England, were all dead without issue:

which hapned about the fortieth year of King Henry the third: for the eldest being married to Hugh Bigot Earl of Nor∣folk, who in right of his wife, had the Marshalship of England; The second, to Warren de Mountchensey, whose sole Daughter and Heir was match to Wil∣liam de Valentia half Brother to King Henry the third, who by that match, was made Earl of Pembroke; the third, to Gilbert de Clare, Earl of Gloucester; The fourth, to William Ferrers, Earl of Darby; The fifth, to William de Bruce, Lord of Brecknock: These great Lords, having greater inheritances in their own right in England, than they had in Ireland in right of their Wives (and yet each of the Coparceners, had an entire County allotted for her purparty, as is before declared) could not be drawn to make their personal residence in this Kingdom; but managed their Estates here, by their Seneschals and Servants. And to defend their Territories against the bordering Irish; they entertained some of the Natives, who pretended a perpetual Title to those great Lord∣ships.

For the Irish after a thousand con∣quests and Attainders by our Law, would in those days pretend title still, because by the Irish Law no man could forfeit his Land. These natives taking the op∣portunity in weak and desperate times, usurped those Seigniories; and so Donald mac Art Cavanagh,* 1.260 being entertained by the Earl of Nolfork, made himself Lord of the County of Catherlough: And Li∣sagh O Moor, being trusted by the Lord Mortimer, who married the Daughter and Heir of the Lord Bruce, made him∣self Lord of the lands in Leix, in the latter end of King Edward the seconds Reign, as is before declared.

Again, the decay and loss of Ʋlster and Connaught, is attributed to this; that the Lord William Bourk, the last Earl of that name, died without issue male; whose Ancestors, namely, the Red Earl, and Sir Hugh de Lacy, before him, being personally resident, held up their greatness there; and kept the English in peace, and the Irish in awe: But when those Provinces descended upon an Heir Female, and an Infant,

the Irish over-ran Ʋlster, and the younger branches of the Bourkes, usurped Con∣naught. And therefore,* 1.261 the Ordinance made in England, the third of Richard the second, against such as were absent from their Lands in Ireland; and gave two third parts of the profits thereof un∣to the King, until they returned, or placed a sufficient number of men to defend the same, was grounded upon good reason of State: which Ordi∣nance was put in execution for many years after, as appeareth by sundry seizures made thereupon, in the time of K. Richard the second, Henry the fourth, Henry the fifth, & Henry the sixth, where∣of there remain Records in the Remem∣brancers Office here. Among the rest,* 1.262 the Duke of Norfolk himself was not spared, but was impleaded upon this Ordinance, for two parts of the profits of Dorburies Island, and other Lands in the County of Wexford, in the time of King Henry the sixth. And afterwards, upon the same reason of State, all the lands of the house of Norfolk, of the Earl of Shrewsbury, the Lord Barkley and others, who having

lands in Ireland, kept their continual re∣sidence in England) were entirely re∣sumed by the Act of Absentees,* 1.263 made in the 28 year of King Henry the eigth.

But now again, let us look back and see, how long the effect of that Refor∣mation did continue, which was begun by Lionel Duke of Clarence, in the forti∣eth year of King Edward the third, and what courses have been held, to reduce and reform this people by other Lieute∣nants and Governors since that time.

The English Colonies being in some good measure reformed by the Statutes of Kilkenny, did not utterly fall away into Barbarism again, till the Wars 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 Govern∣ment, out of all the Provinces, and to confine it onely to the English Pale: Howbeit, in the mean time, between the Government of the Duke of Cla∣rence, and the beginning of those Ci∣vil Wars of York and Lancaster, we

find that the State of England did sun∣dry times resolve to proceed in this work of reformation.

For first, King Richard 2.* 1.264 sent over Sir Nicholas Dagworth, to survey the pos∣sessions of the Crown; and to call to ac∣compt the Officers of the revenue; Next to (draw his English Subjects to manure and defend their lands in Ireland) he made that Ordinance against Absentees, spoken of before. Again, he shewed an ex∣cellent example of Justice, upon Sir Philip Courtney, being his Lieutenant of that Kingdom, when he caused him to be arrested by special Commissioners, upon complaint made of sundry grie∣vous oppressions and wrongs, which du∣ring his Government, he had done unto that people.

After this,* 1.265 the Parliament of England did resolve, that Thomas Duke of Glo∣cester the Kings Uncle, should be im∣ployed in the reformation and reducing of that Kingdom: the Fame whereof, was no sooner bruted in Ireland, but all the Irishry were ready to submit them∣selves before his coming: so much the

very Name of a great personage, speci∣ally of a Prince of the blood, did ever prevail with this people. But the King and his Minions, who were ever jealous of this Duke of Glocester, would not suffer him to have the honour of that service. But the King himself thought it a work worthy of his own presence and pains: and thereupon, Himself in person, made those two royal journeys mentioned before: At what time, he received the submissions of all the Irish Lords and Captains, who bound them∣selves both by Indenture and oath to be∣come and continue his Loyal Subjects. And withall, laid a particular project, for a civil plantation of the Mountains and Maritime Counties, between Dub∣lin and Wexford; by removing all the Irish Septs from thence, as appeareth by the covenants between the Earl Marshal of England, and those Irish Septs: which are before remembred, and are yet pre∣served, and remain of Record in the Kings Remembrancers Office at West∣minster. Lastly, this King being present in Ireland, took special care to supply

and furnish the Courts of Justice with able and sufficient Judges; And to that end, he made that Grave and Learned Judge, Sir William Hankeford, Chief Justice of the Kings Bench here (who afterwards for his service in this Realm, was made chief Justice of the Kings Bench in England, by King Henry 4.* 1.266) and did withall, associate unto him, William Sturmy, a well Learned man in the law; who likewise came out of England with the King, that the legal proceedings, which were out of order too (as all other things in that Realm were) might be amended, and made formal, according to the course and Presidents of England. But all the good purposes and projects of this King, were interrupted and ut∣terly defeated, by his suddain depar∣ture out of Ireland, and unhappy de∣position from the Crown of Eng∣land.

HOwbeit, King Henry the fourth,* 1.267 intending likewise to prosecute this Noble work in the third year of his raign, made the Lord Thomas

of Lancaster, his second son, Lieutenant of Ireland: Who came over in person, and accepted again the submissions of divers Irish Lords and Captains, as is before remembred; and held also a Par∣liament, wherein he gave new life to the Statutes of Kilkenny, and made o∣ther good Laws tending to the Refor∣mation of the Kingdom. But the trou∣bles raised against the King his Father in England, drew him home again so soon, as that seed of reformation, took no root at all, neither had his service in that kind, any good effect or suc∣cess.

After this, the State of England had no leisure to think of a general refor∣mation in this Realm, till the civil dis∣sentions of England were appeased, and the peace of that Kingdom setled, by King Henry the seventh.

For, albeit, in the time of King Henry 6. Richard Duke of York a Prince of the blood; of great wisdom and valour, and heir to a third part of Kingdom at least, being Earl of Ʋlster, and Lord of Conaght and Meath, was

sent the Kings Lieutenanr into Ire∣land, to recover and reform that Realm where he was resident in per∣son for the greatest part of ten years, yet the troth is, he aimed at another mark, which was the Crown of Eng∣land. And therefore, he thought it no pollicy to distast either the English or Irish, by a course of Reformation, but sought by all means to please them, and by popular courses to steal away their hearts, to the end, he might strengthen his party, when he should set on foot his Title (as is before de∣clared.) Which pollicy of his took such effect, as that he drew over with him into England, the Flower of all the English Colonies, especially of Ʋl∣ster and Meath, whereof many Noble∣men and Gentlemen were slain with him at Wakefield (as is likewise before remembred.) And after his death, when the wars between the Houses were in their heat, almost all the good English blood, which was left in Ire∣land, was spent in those civil dissenti∣ons: so as the Irish became victori∣ous

over all, without blood or sweat. On∣ly, that little Canton of Land, called the English Pale, containing four small Shires, did maintain a bordering was with the Irish, and retain the forme of English Government.

But out of that little Precinct, there were no Lords, Knights, or Burgesses, summoned to the Parliament, neither did the Kings Writ run in any other part of the Kingdom: and yet upon the Marches and Borders, which at that time were grown so large, as they took up half Dublin, half Meath, and a third part of Kildare and Lowth; there was no law in use, but the March-Law, which in the Statutes of Kilkenny, is said to be no law, but a leud Custom.

So as upon the end of these civil wars in England, the English Law and Go∣vernment was well nigh banisht out of Ireland,* 1.268 so as no foot-step or print was left, of any former Reformation.

THen did King Henry 7. send over Sir Edward Poynings to be his Depu∣ty, a right worthy servitor both in

war and peace. The principal end of his employment, was to expel Perkin Warbecke out of this Kingdom; but that service being performed, that worthy Deputy finding nothing but a common misery, took the best course he possibly could, to establish a Common-wealth in Ireland: and to that end, he held a Parliament no less famous, than that of Kilkenny; and more available for the reformation of the whole Kingdom. For whereas all wise men did ever concur in opini∣on, that the readiest way to reform Ireland, is to settle a form of Civil Government there, conformable to that of England: To bring this to pass, Sir Edward Poynings did pass an Act, whereby all the Statutes made in Eng∣land before that time, were enacted, established, and made of force in Ire∣land. Neither did he only respect the time past, but provided 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 be first

transmitted into England,* 1.269 and approved by the King and Council there, as good and expedient for that Land, and so returned back again, under the Great Seal of England. This Act, though it seem Prima facie to restrain the liberty of the Subjects of Ireland; yet was it made at the Prayer of the Commons, upon just and important cause.

For the Governors of that Realm, specially such as were of that Country Birth, had laid many oppressions up∣on the Commons: and amongst the rest, they had imposed Laws upon them, nor tending to the general good, but to serve private turns, and to strengthen their particular facti∣ons. This moved them to refer all Laws that were to be passed in Ire∣land, to be considered, corrected and allowed, first by the State of England, which had alwayes been tender and care∣full of the good of this people, and had long since made them a Civil, Rich, and Happy Nation, if their own Lords and Governors there, had not sent bad intelligence into Eng∣land.

Besides this, he took special order, that the summons of Parliament should go into all the shires of Ireland; and not to the four shires onely; and for that cause specially, he caused all the Acts of a Parliament, lately before holden by the Viscount of Gormanston to be repealed and made void. Moreover, that the Par∣liaments of Ireland, might want no de∣cent or honorable form that was used in England, he caused a particular Act to pass, that the Lords of Ireland should appear in the like Parliament Robes, as the English Lords are wont to wear in the Parliaments of England. Having thus established all the Statutes of Eng∣land in Ireland, and set in order the great Council of that Realm, he did not omit to pass other Laws, as well for the en∣crease of the Kings Revenue, as the pre∣servation of the publick peace.

To advance the profits of the Crown; First he obtained a Subsidy of 26 shil∣lings eight pence out of every six score acres manured, payable yearly for five years. Next, he resumed all the Crownland which had been aliened (for the most

part) by Richard Duke of York: and lastly, he procured a Subsidy of Pon∣dage, out of all Merchandizes imported and exported, to be granted to the Crown in perpetuity.

To preserve the publick peace, he re∣vived the Statutes of Kilkenny. He made wilful Murther High-treason; he caused the Marchers to book their men for whom they should answer; and restrain∣ed the making War or Peace, without special Commission from the State.

These Laws, and others as important as these, for the making of a Common∣wealth in Ireland, were made in the Go∣vernment of Sir Edward Poynings. But these Laws did not spread their Vertue beyond the English Pale, though they were made generally for the whole King∣dom. For the Provinces without the Pale, which during the War of York and Lancaster, had wholly cast off the the English Government, were not apt to receive this seed of Reformation, be∣cause they were not first broken and mastered again with the sword. Besides, the Irish Countreys, which contained

two third parts of the Kingdom, were not reduced to Shire-ground, so as in them the Laws of England could not possibly be put in execution. There∣fore these good Laws and provisions made by Sir Edward Poynings, were like good Lessons set for a Lute, that is broken and out of tune; of which Les∣sons, little use can be made, till the Lute be made fit to be plaid upon.

And that the execution of all these Laws, had no greater latitude than the Pale, is manifest by the Statute of the thirteenth of Henry the eighth, cap. 3. which reciteth, that at that time, the Kings Laws were obeyed and executed in the four shires onely; and yet then was the Earl of Surrey Lieu∣tenant of Ireland, a Governor much fear∣ed of the Kings Enemies, and exceed∣ingly honored and beloved of the Kings subjects. And the Instructions given by the state of Ireland,* 1.270 to John Allen Ma∣ster of the Rolls, employed into England neer about the same time, do declare as much; wherein among other things, he is required to advertise the King, that

his Land of Ireland was so much decay∣ed, as that the Kings Laws were not obeyed twenty miles in compass: Whereupon, grew that By-word used by the Irish, (viz.) That they dwelt By∣west the Law, which dwelt beyond the Ri∣ver of the Barrow, which is within thir∣ty miles of Dublin. The same is testi∣fied by Baron Finglas, in his Discourse of the decay of Ireland, which he wrote about the twentieth year of King Henry the eighth. And thus we see the effect of the Reformation which was intended by Sir Edward Poynings.

* 1.271THE next Attempt of Reformation, was made in 28 year of King Henry the eighth, by the Lord Leonard Gray, who was created Viscount of Grane in this Kingdom, and held a Parliament, wherein many excellent Laws were made. But to prepare the mindes of the people to obey these Laws, he began first with a Martial course: For being sent over to suppress the Rebellion of the Giraldines, (which he performed in few moneths) he afterwards made a victori∣ous

Circuit round about the Kingdom;* 1.272 beginning in Offaly, against O Connor, who had aided the Giraldines in their Rebellion; and from thence passing along through all the Irish Countreys in Leinster, and so into Munster, where he took pledges of the degenerate Earl of Desmond, and thence into Conaght, and thence into Ʋlster; and then concluded this Warlike Progress with the Battel of Belahoo, in the borders of Meath, as is be∣fore remembred.* 1.273

The principal Septs of the Irishry be∣ing all terrified, and most of them broken in this journey, many of their chief Lords upon this Deputies return came to Dublin, and made their submissions to the Crown of England; namely, the O Neals, and O Relies of Ʋlster, Mac Murrogh, O Birn, and O Carrol of Lein∣ster, and the Bourks of Conaght.

This preparation being made, he first propounded and passed in Parliament these Laws, which made the great alte∣ration in the State Ecclesiastical; namely, the Act which declared King Henry the eighth to be supreme head of the Church

of Ireland. The Act prohibiting Ap∣peals to the Church of Rome: the Act for first-fruits, and twentieth part to be paid to the King: the Act for Faculties and Dispensations: And lastly, the Act that did utterly abolish the usurped au∣thority of the Pope. Next, for the encrease of the Kings Revenue; by one Act, he suppressed sundry Abbies and Religious Houses; and by another Act, resumed the Lands of the Absentees, (as is before remembred.)

And for the Civil Government, a special Statute was made, to abolish the Black-rents and Tributes, exacted by the Irish, upon the English Colo∣nies; and another Law enacted, that the English Apparel, Language, and manner of living, should be used by all such, as would acknowledge them∣selves the Kings Subjects. This Parlia∣ment being ended, the Lord Leonard Gray, w••s suddenly revokt, and put to death in England, so as he lived not to finish the work of Reformation, wh••ch he had begun: which notwith∣standing was we••l pursued by his Suc∣cessor,

Sir Anthony Saint Leger;* 1.274 unto whom, all the Lords and Chieftains of the Irishry, and of the degenerate Eng∣lish throughout the Kingdom, made their several submissions by Indenture (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 the se∣cond; the second to King John; the third to K. Richard the second, and his last to Sir Anthony Saint Leger, in 33 H. 8.

IN these Indentures of Submission,* 1.275 all the Irish Lords do acknowledge King Henry the eighth to be their So∣veraign Lord and King, and desire to be accepted of him as Subjects. They confess the Kings Supremacy in all causes and do utterly renounce the Popes Jurisdiction, which I conceive to be worth the noting, because,* 1.276 when the Irish had once resolved to obey the King, they made no scruple to renounce the Pope. And this was not onely done by the meer Irish, but the chief of the degene∣rate English Families did perform the

same: as Desmond, Barry, and Roche, in Munster; and the Bourks, which b••re the title of Mac William, in Conaght.

These Submissions being thus taken, the Lord Deputy and Council for the present Government of those Irish Countreys, made certain Ordinances of State, not agreeable altogether with the Rules of the Law of England; the reason whereof, is exprest in the Preamble of those Ordinances;* 1.277 Quia nondum sic sapiunt leges & Jura, ut se∣cundum ea jam immediate vivere & regi possint: The chief points or Articles of which Orders registred in the Coun∣cil Book are these: That King Henry the eighth, should be accepted, re∣puted, and named King of Ireland, by all the Inhabitants of the Kingdom; that all Archbishops and Bishops should be permitted to exercise their Jurisdiction in every Diocess throughout the Land: that Tythes should be duely set out, and paid: that Children should not be admitted to Benefices; that for every Man-s••aughter, and theft above fourteen pence, committed in the Irish Countrys,

the offendor should pay a fine of forty pound, twenty pound to the King, and twenty pound to the Captain of the Countrey; and for every theft under fourteen pence, a fine of five marks should be paid, forty six shilling eight pence to the Captain, & twenty shillings to the Tanister: that Horsemen & Kearn should not be imposed upon the common people, to be fed & maintained by them: that the Master should answer for his servants, and the Father for his children. That Cuttings should not be made by the Lord upon his Tenants, to maintain war with his neighbours, but onely to bear his necessary expences, &c.

These Ordinances of State being made and published, there were nomi∣nated and appointed in every Province, certain Orderers or Arbitrators, who instead of these Irish Brehons, should hear and determine all their Controver∣sies. In Conaght, the Archbishop of Tuam, the Bishop of Clonfert, Captain Wakeley, & Captain Ovington. In Munster, the Bishop of Waterford, the Bishop of Cork and Ross, the Mayor of Cork,

and Mayor of Youghal. In Ʋlster, the Archbishop of Ardmagh, and the Lord of Lowth. And if any difference did arise which they could not end, either for the difficulty of the cause, or for the obstina∣cy of the parties, they were to certifie the Lord Deputy & Council, who would decide the matter by their Authority.

Hereupon, the Irish Captains of lesser Territories, which had ever been op∣pressed by the greater and mightier; some, with risings out, others, with Bonaght, and others, with Cuttings, and spendings at pleasure, did appeal for Justice to the Lord Deputy; who upon hearing their complaints, did always or∣der, that they should all immediately de∣pend upon the King; and that the weak∣er should have no dependancy upon the stronger.

Lastly, he prevailed so much with the greatest of them; namely, O Neal, O Brien, and Mac William, as that they willingly did pass into England, and pre∣sented themselves to the King, who there∣upon was pleased to advance them to the degree and honor of Earls, and

to grant unto them their several Coun∣treys, by Letters-patents. Besides, that they might learn Obedience and Civi∣lity of manners, by often repairing un∣to the State, the King upon the motion of the same Deputy, gave each of them a house and lands neer Dublin, for the en∣tertainment of their several trains.

This course, did this Governor take to reform the Irishry; but withal, he did not omit to advance both the ho∣nor and profit of the King. For in the Parliament which he held the 33 of Hen. the eighth, he caused an Act to pass, which gave unto K. Henry the eighth, his Heirs and Successors, the Name, Stile, and Title of King of Ireland; whereas before that time, the Kings of England were stiled but Lords of Ireland: albe∣it indeed, they were absolute Monarchs thereof, and had in right all Royal and Imperial Jurisdiction and power there, as they had in the Realm of England. And yet because in the vulgar conceit the name of King, is higher than the name of Lord; Assuredly, the assuming of this Title, hath not a little raised

the Soveraignty of the King of England in the mindes of this people: lastly, this Deputy brought a great augmentation to the Kings Revenue, by dissolving of all the Monasteries and Religious Houses in Ireland, which was done in the same Parliament: and afterward, by procu∣ring Min and Cavendish, two skilful Au∣ditors, to be sent over out of Eng∣land. Who took an exact survey of all the possessions of the Crown, and brought many things into charge, which had been concealed and substract∣ed for many years before. And thus far did Sir Anthony Saint Leger proceed in the course of Reformation; which though it were a good beginning, yet was it far from reducing Ireland to the perfect obedience of the Crown of England. For all this while, the Pro∣vinces of Conaght and Ʋlster, and a good part of Leinster, were not reduced to Shire-ground. And though Munster were anciently divided into Counties, the people were so degenerate, as no Ju∣stice of Assize durst execute his Com∣mission amongst them. None of the

Irish Lords or Tenants were setled in their possessions, by any Grant or Con∣firmation from the Crown, except the three great Earls before named; who notwithstanding, did govern their Te∣nants and Followers, by the Irish or Bre∣hon 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 Es∣cheat, Forfeiture, or Fine; no Revenue (certain or casual) did accrew to the Crown out of those Provinces.

The next worthy Governor that en∣deavoured to advance this Reformati∣on,* 1.278 was Thomas Earl of Sussex; who ha∣ving throughly broken and subdued the two most rebellious and powerful Irish Septs in Leinster; namely, the Moores and O Connors, possessing the Territo∣ries of Leix and Offaly, did by Act of Parliament, 3. and 4. Phil. and Mariae, reduce those Countries into two several Counties; naming the one, the Kings, and the other, the Queens County; which were the first two Counties that had been made in this Kingdom, since

the twelfth year of King John; at what time the Territories then possessed by the English Colonies, were reduced into twelve Shires, as is before expressed.

This Noble Earl, having thus extend∣ed the Jurisdiction of the English Law into two Counties more, was not satis∣fied with that addition, but took a re∣solution to divide all the rest of the I∣rish Countries un-reduced, into several Shires; and to that end, he caused an Act to pass in the same Parliament, authorising the Lord Chancellor, from time to time, to award Commissions to such Persons, as the Lord Deputy should nominate and appoint, to view and perambulate those Irish Territories; and thereupon, to divide and limit the same into such and so many several Counties as they should think meet; which being certified to the Lord De∣puty, and approved by him, should be returned and enrolled in the Chancery, and from thenceforth be of like force and effect, as if it were done by Act of Parliament.

Thus did the Earl of Sussex lay open

a passage for the Civil Government into the unreformed parts of this Kingdom, but himself proceeded no further than is before delared.

HOwbeit afterwards,* 1.279 during the Raign of Queen Elizabeth, Sir Henry Sidney, (who hath left behind him many Monuments of a good Gover∣nour in this Land) did not only pursue that course which the Earl of Sussex be∣gan, in reducing the Irish Countries in∣to Shires, and placing therein Sheriffs, and other Ministers of the Law; (for first he made the Annaly a Territory in Leinster, possessed by the Sept of Offer∣ralles, one entire Shire by it self, and called it the County of Longford; and after that he divided the whole Pro∣vince of Conaght into six Counties more; namely, Clare (which containeth all Thomond) Gallaway, Sligo, Mayo, Rosco∣mon, and Leytrim:) But he also had caused divers good Laws to be made, and performed sundry other services, tending greatly to the reformation of this Kingdom. For first, to diminish

the greatness of the Irish Lords, and to take from them the dependancy of the Common people, in the Parliament which he held 11. Eliz. He did abolish their pretended and usurped Captain-ships, and all exactions, and extortions incident thereunto. Next, to settle their Seigniories and possessions in a course of inheritance, according to the course of the Common law, he caused an Act to pass, whereby the Lord Deputy was authorised to accept their Surrenders, and to regrant estates unto them, to hold of the Crown by English tenures and services. Again, because the inferi∣our sort were loose and poor, and not amesuable to the law; he provided by another Act, that five of the best and eldest persons of every Sept, should bring in all the idle persons of their sur∣name, to be justified by the law. More∣over, to give a civil education to the Youth of this Land in the time to come, provision was made by another Law, that there should be one Free schoole, at least, erected in every Diocess of the Kingdom. And lastly, to inure and ac∣quaint

the people of Munster and Co∣naght, with the English Government a∣gain (which had not been in use among them, for the space of 200. years be∣fore:) he instituted two Presidency Courts in those two Provinces, placing Sir Edward Fitton in Conaght, and Sir John Perrot in Munster.

To augment the Kings Revenue in the same Parliament, upon the attain∣der of Shane O Neale, he resumed and vested in the Crown, more than half the Provinne of Ʋlster: He raised the customs upon the principal commodities of the Kingdom: He reformed the abu∣ses of the Exchequer, by many good orders and instructions sent out of Eng∣land; and lastly, he established the com∣position of the Pale, in lieu of Purvey∣ance and Sess of Souldiers.

These were good proceedings in the work of Reformation, but there were many defects and omissions with∣all; for though he reduced all Conaght into Counties, he never sent any Ju∣stices of Assize to visit that Province, but placed Commissioners there, who

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governed it only in a course of discretion; part Martial, and part Civil. Again, in the Law that doth abolish the Irish Cap∣tain-ships, he gave way for the reviving thereof again, by excepting such, as should be granted by Letters Patents from the Crown; which exception did indeed take away the force of that law. For no Governor during Queen Eliza∣beths Reign, did refuse to grant any of those Captain-ships, to any pretended Irish Lord, who would Desire, and with his thankfulness Deserve the same. And again, though the greatest part of Ʋl∣ster were vested by Act of Parliament, in the actual and real possession of the Crown; yet was there never any seisure made thereof, nor any part thereof brought into charge, but the Irish were permitted to take all the profits, without rendering any duty 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 bear that Title, and to intrude upon

the possessions of the Crown, and yet was often entertained by the State with favour. Neither were these lands resu∣med, by the Act of II of Elizabeth neg∣lected only (for the Abbyes and religi∣ous Houses in Tyrone, Tirconnell, and Fer∣managh, though they were dissolved in the 33. of Henry 8. were never surveyed nor reduced into charge, but were con∣tinualy possest by the religious persons) untill His Majesty that now is, came to the Crown: and that which is more strange, the Donations of Bishopricks, being a flower of the Crown (which the Kings of England did ever retain in all their Dominions, when the Popes usur∣ped Authority was at the highest.) There were three Bishopricks in Ʋlster; namely, Derry, Rapho, and Clogher, which neither Queen Elizabeth, nor any of her Progenitors did ever be∣stow, though they were the undoubt∣ed Patrons thereof. So as King James was the first King of England that did ever supply these Sees with Bishops, which is an argument either of great negligence, or of great weakness in

the State and Governors of those times. And thus far proceeded Sir Henry Sidney.

* 1.280AFter him, Sir John Perrot, who held the last Parliament in this King∣dom, did advance the Reformation in three principal points. First, in esta∣blishing the great composition of Co∣naght, in which service the wisdom and industry of Sir Richard Bingham did concur with him: next, in reducing the unreformed parts of Ʋlster into seven shires; namely, Adrmagh, Monahan Tirone, Colerain, Donagall, Fermannagh, and Cavan; though in his time the law was never executed in these new Coun∣ties by any Sheriffs or Justices of Assize, but the people left to be ruled still by their own barbarous Lords and laws: And lastly, by vesting in the Crown, the Lands of Desmond and his Adhe∣rents in Munster, and planting the same with English, though that plantation were imperfect in many points.

AFter Sir John Perrot,* 1.281 Sir William Fitz-Williams did good service in two other points. First, in raising a com∣position in Munster; and then, in setling the possessions both of the Lords and Tenants in Monahan, which was one of the last Acts of State, tending to the reformation of the civil Government that was performed in the raign of Queen Elizabeth.

Thus we see, by what degrees, and what pollicy and success the Governors of this Land from time to time, since the beginning of the raign of King Edward the third, have endeavoured to reform and reduce this people to the perfect obedience of the Crown of England; And we finde, that before the Civil Wars of Yorke and Lancaster, they did chiefly endeavour to bring back the degenerate English Colonies to their Duty and Allegiance, not respecting the meer Irish, whom they reputed as Aliens or Enemies of the Crown. But after King Henry 7. had united the Roses, they laboured to reduce both English and Irish together▪

which work, to what pass and perfection it was brought in the latter end of Qu. Elizabeths raign, hath been before de∣clared.

Whereof sometimes when I do consider, I do in mine own conceit compare these later Governors, who went about to reform the Civil Af∣fairs in Ireland, unto some of the Kings of Israel, of whom it is said; That they were good Kings, but they did not cut down the Groves and High places, but suffered the people still to burn Incense, and commit Idolatry in them: so Sir Anthony Saint-Leger, the Earl of Sussex, Sir Henry Sidney, and Sir John Perrot, were good Governors, but they did not abolish the Irish Customs, nor execute the Law in the Irish Countries, but suffered the people to worship their barbarous Lords, and to remain utterly ignorant of their Duties to God and the King.

AND now I am come to the happy Reign of my most Gracious Lord and Master K. James; in whose time, as

there hath been a concurrence of many great Felicities:* 1.282 so this among others may be numbred in the first rank; that all the Defects in the ••overnment of Ire∣land spoken of before, have been fully supplyed in the first nine years of his raign. In which time, there hath been more done in the work and reformation of this Kingdom; than in the 440. years which are past since the Conquest was first attempted.

Howbeit, I have no purpose in this Discourse, to set forth at large all the proceedings of the State here in re∣forming of this Kingdom, since his Ma∣jesty came to the Crown, for the parts and passages thereof are so ma∣ny, as to express them fully, would require a several Treatise. Besides, I for my part, since I have not flattered the former times, but have plainly laid open the negligence and errors of every Age that is past, would not willingly seem to flatter the present, by amplifying the diligence and true Judgment of those Servitors, that have laboured in this Vineyard since

the beginning of his Majesties happy raign.

I shall therefore summarily, with∣out any amplification at all, shew in what manner, and by what degrees, all the defects, which I have noted be∣fore in the Government of this King∣dom, have been supplyed since his Ma∣jesties happy Raign began; and so con∣clude these observations concerning the State of Ireland.

* 1.283FIrst then, touching the Martial af∣fairs, I shall need to say little, in regard that the War which finished the Conquest of Ireland, was ended almost in the instant, when the Crown descended upon his Majesty; and so there remained no occasion to amend the former errors committed in the prosecution of the War. Howbeit, sit hence his Majesty hath still main∣tained an Army here, as well For a Seminary of Martial men; as to Give strength and countenance to the civil Ma∣gistrate; I may justly observe, that this ar∣my hath not been fed with Coign and Livery,

or Sess (with which Extortions the Souldier hath been nourished in the times of former Princes) but hath been as justly and royally paid, as ever Prince in the world did pay his men of war. Besides, when there did arise an occasi∣on of employment for this Army against the Rebel Odoghertie; neither did his Majestie delay the re-inforcing thereof, but instantly sent supplies out of Eng∣land and Scotland; neither did the Mar∣tial men dally or prosecute the Ser∣vice faintly, but Did forthwith quench that fire, whereby themselves would have been the warmer, the longer it had con∣tinued, as well by the encrease of their entertainment, as by booties and spoil of the Countrey. And thus much I thought fit to note, touching the amend∣ment of the Errours in the Martial af∣fairs.

SEcondly,* 1.284 For the supply of the Defects in the Civil Government, these courses have been pursued since His Majesties prosperous Reign be∣gan.

First,* 1.285 albeit upon the end of the War, whereby Tyrones universal Rebel∣lion was supprest, the mindes of the people were broken and prepared to Obedience of the law; yet the State upon good reason, did conceive, that the publick peace could not be set∣tled, 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 confu∣sion.

Therefore, first by a general Act of State, called the Act of oblivion, pub∣lished by Proclamation under the Great-Seal; All offences against the Crown, and all particular Trespasses between Subject and Subject, done at any time before His Majesties Reign, were (to all such as would come in to the Ju∣stices of Assize by a certain day, and claim the benefit of this Act) pardon∣ed, remitted, and utterly extinguish∣ed, never to be revived or called in question. And by the same Proclama∣tion, all the Irishry (who for the most

part, in former times, were left under the tyrannie of their Lords and Chief∣tains, and had no defence or Justice from the Crown) were received into his Ma∣jesties immediate protection. This bred such comfort and security in the hearts of all men as there upon ensued, the calmest, and most universal peace, that ever was seen in Ireland.

The publick peace being thus esta∣blished,* 1.286 the State proceeded next to establish the publick Justice in every part of the Realm. And to that end, Sir George Cary (who was a prudent Go∣vernor, and a just, and made a fair en∣try into the right way of reforming this Kingdom) did in the first year of His Majesties Reign, make the first Sheriffs that ever were made in Tyrone and Tir∣connel; and shortly after, sent Sir Ed∣mund Pelham Chief Baron, and my self thither, the first Justices of Assize that ever sat in those Countreys: and in that Circuit, we visited all the shires of that Provinces besides; which Visitation, though it were somewhat distasteful to

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the Irish Lords, was sweet and most welcome to the common people; who, albeit they were rude and barbarous, yet they quickly apprehended the difference between the Tyrannie and Oppression under which they lived before, and the just Government and Protection which we promised unto them for the time to come.

The Law having made her Progress into Ʋlster with so good success, Sir Ar∣thur Chichester (who with singular In∣dustry, Wisdom, and Courage, hath now for the space of seven years and more, prosecuted the great work of Reforma∣tion, and brought it well-neer to an ab∣solute perfection) did in the first year of his Government, establish two other New Circuits for Justices of Assize; the one in Conaght, and the other in Mun∣ster. I call them New Circuits, for that, although it be manifest by many Re∣cords, that Justices Itinerant have in for∣mer times been sent into all the shires of Munster, and some part of Conaght; yet certain it is, that in two hundred years before (I speak much within

compass) no such Commission had been executed in either of these two Pro∣vinces. But now, the whole Realm be∣ing divided into Shires, and every bor∣dering Territory, whereof any doubt was made in what County the same should lie, being added or reduced to a County certain (among the rest, the Mountains and Glyns on the South side of Dublin, were lately made a Shire by it self, and called the County of Wick∣low; whereby the Inhabitants, which were wont to be Thorns in the side of the Pale, are become civil and quiet Neighbours thereof,) the streams of the Publick Justice were derived into eve∣ry part of the Kingdom; and the be∣nefit and protection of the Law of Eng∣land communicated to all, as well Irish as English, without distinction or respect of persons; by reason whereof, the work of deriving the publick Justice, grew so great, as that there was Magna messis, sed Operarii pauci. And there∣fore, the number of the Judges in every Bench was increased, which do now every half year (like good Planets in

their several Sphaeres or Circles) carry the ••ight and influence of Justice, round about the Kingdom; whereas the Cir∣cuits in former times, went but round about the Pale, like the Circuit of the Cinosura about the Pole.

Quae cursu interiore brevi convertitur orbe.

UPon these Visitations of Justice, whereby the iust and honourable Law of England was imparted and communicated to all the Irishry,* 1.287 there followed these excellent good effects:

First, the common people were taught by the Justices of Assize, that they were free Subjects to the Kings of Eng∣land, and not Slaves and Vassals to their pretended Lords: That the Cuttings, Cosheries, Sessings, and other Extortions of their Lords, were unlawful, and that they should not any more submit themselves thereunto, since they were now under the protection of so just and mighty a Prince, as both would and could protect them from all wrongs and oppressions: They gave a willing

ear unto these Lessons; and thereupon, the greatness and power of those Irish Lords over the people, suddenly fell and vanished, when their Oppressions and Extortions were taken away, which did maintain their greatness: Insomuch, as divers of them, who formerly made themselves Owners of all (by Force;) were now by the Law reduced to this point; That wanting means to defray their 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; as well to discharge their for∣mer debts, as for competent mainte∣nance in time to come: But some of them being impatient of this diminuti∣on, fled out of the Realm to forreign Countreys. Whereupon, we may well observe, That, as Extortion did banish the old English Free-holder, who could not live but under the Law; So the Law did banish the Irish Lord, who could not live but by Extortion.

Again, these Circuits of Justice (did

(upon the end of the War) more ter∣rifie the loose and idle persons, than the execution of the Martial Law, though it were more quick and sudden: and in a short time after, did so clear the the Kingdom of Thieves, and other Capital Offendors, as I dare affirm, that for the space of five years last past, there have not been found so many Ma∣lefactors worthy of death in all the six Circuits of this Realm (which is now divided into thirty two shires at large) as in one Circuit of six shires; name∣ly, the Western Circuit in England; for the truth is, that in time of Peace, the Irish are more fearful to offend the Law, than the English, or any other Nation whatsoever.

Again, whereas the greatest ad∣vantage that the Irish had of us in all their Rebellions, was, Our Ignorance of their Countreys, their Persons, and their Actions: Since the Law and her Mini∣sters have had a passage among them, all their places of Fastness have been discovered and laid open; all their paces cleared; and notice taken of every

person that is able to do either good or hurt. It is known, not onely how they live, and what they do, but it is foreseen what they purpose or intend to do: Insomuch, as Tyrone hath been heard to complain, that he had so many eyes watching over him, as he could not drink a full Carouse of Sack, but the State was advertized thereof, within few hours after. And therefore, those allowances which I finde in the ancient Pipe Rolls, Pro guidagio, & spiagio, may be well spared at this day. For the Under-Sheriffs and Bailiffs errant are better Guides and Spies in the time of Peace, than any were found in the time of War.

Moreover, these Civil Assemblies at Assizes and Sessions, have reclaim∣ed the Irish from their Wildness, caused them to cut off their Glibs and long Hair; to convert their Mantles into Cloaks; to conform themselves to the manner of England in all their behaviour and outward forms. And because they finde a great inconveni∣ence in moving their suits by an In∣terpreter;

they do for the most part send their Children to Schools, especi∣ally to learn the English Language: so as we may conceive and hope, that the next generation, will in tongue and heart, and every way else, become English; so as there will be no difference or distincti∣on, but the Irish Sea betwixt us. And thus we see a good conversion, and the Irish Game turned again.

For heretofore, the neglect of the Law, made the English degenerate, and become Irish; and now, on the other side, the execution of the Law, doth make the Irish grow civil, and be∣come English.

Lastly, these general Sessions now, do teach the people more obedience, and keep them more in awe, than did the general Hostings in former times. These Progresses of the Law, renew and con∣firm the Conquest of Ireland every half year, and supply the defect of the Kings absence in every part of the Realm; In that every Judge sitting in the Seat of Justice, doth represent the person of the King himself.

These effects, hath the establishment of the Publick Peace and Justice pro∣duced, since his Majesties happy Reign began.

Howbeit,* 1.288 it was impossible to make a Common-Weal in Ireland, without performing another service; which was, the setling of all the E∣states and Possessions, as well of Irish, as English, thoroughout the King∣dom.

For, although that in the twelfth year of Queen ELIZABETH, a special Law, was made, which did enable the Lord Deputy to take Surrenders, and regrant Estates unto the Irishry (upon signifi∣cation of Her Majesties pleasure in that behalf;) yet were there but few of the Irish Lords that made offer to surrender during her Reign; and they which made Surrenders of entire Countreys, obtained Grants of the whole again to themselves onely, and to no other, and all in Demesn. In passing of which Grants, there was no care taken of the Inferiour Septs of people, inhabiting and possessing

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these Countreys under them, but they held their several portions in course of Tanistry and Gavelkinde, and yiel∣ded the same Irish Duties or Exacti∣ons, as they did before: So that upon every such Surrender and Grant, there was but one Free-holder made in a whole Countrey, which was the Lord himself; all the rest were but Tenants at Will, or rather Tenants in Villenage, and were neither fit to be sworn in Juries, nor to perform any Publick service: And by reason of the uncer∣tainty of their Estates did utterly neglect to build, or to plant, or to im∣prove the Land. And therefore, al∣though the Lord were become the Kings Tenant, his Countrey was no whit reformed thereby, but remained in the former Barbarism and Desola∣tion.

Again, in the same Queens time, there were many Irish Lords, which did not surrender, yet obtained Let∣ters-Patents of the Captain-ships of their Countreys, and of all Lands and duties belonging to those Captainships:

For the Statute which doth condemn and abolish these Captain-ries, usurped by the Irish, doth give power to the Lord Deputy to grant the same by Let∣ters Patents. Howbeit, these Irish Cap∣tains, and likewise the English, which were made Seneschalles of the Irish Countries, did by colour of these grants, and under pretence of Government, claim an Irish Seigniory, and exercise plain tyranny over the Common people. And this was the fruit that did arise of the Letters Patents, granted of the Irish Countries in the time of Queen Eliza∣beth, where before they did extort and oppress the people, only by colour of a lewd and barbarous custom; they did afterwards use the same Extortions and oppressions by warrant, under the great Seal of the Realm.

But now,* 1.289 since his Majesty came to the Crown, two special Commissions have been sent out of England, for the setling and quieting of all the possessi∣ons in Ireland; The one, for accepting Surrenders of the Irish and degenerate English, and for regranting Estates

unto them, according to the course of the common Law; The other, for strengthen∣ing of defective Titles. In the Execution of which Commissions, there hath ever been had a special care, to settle and se∣cure the under-Tenants; to the end, there might be a repose and establish∣ment of every Subjects Estate; Lord and Tenant, Free-holder and Farmer, thoroughout the Kingdom.

Upon Surrenders, this course hath been held from the beginning; when an Irish Lord doth offer to surrender his Country, his surrender is not imme∣diately accepted, but a Commission is first awarded, to enquire of three speci∣all points. First, of the quantity and limits of the Land whereof he is repu∣ted owner. Next, how much himself doth hold in demeasne, and how much is possest by his Tenants and Follow∣ers. And thirdly, what customs, Duties, and services, he doth yearly receive out of those lands. This Inquisition being made and returned, the Lands which are found to be the Lords proper possessi∣ons in demeasne, are drawn into a Par∣ticular;

and his Irish duties; as Cosher∣ings, Sessings, Rents of Butter and Oat∣meal, and the like; are reasonably va∣lued and reduced into certain sums of mony, to be paid yearly in lieu thereof. This being done, the surrender is ac∣cepted; and thereupon a grant passed, not of the whole Country, as was u∣sed in former times, but of those Lands only, which are found in the Lords pos∣session, and of those certain sums of Mony, as Rents issuing out of the rest. But the Lands which are found to be possest by the Tenants, are left unto them, respectively charged with these certain Rents only, in lieu of all uncer∣tain Irish exactions.

In like manner, upon all grants, which have past by vertue of the com∣mission, for defective Titles, the Com∣missioners have taken special caution, for preservation of the Estates of all particular Tenants.* 1.290

And as for Grants of Captain-ships or Seneschal-ships, in the Irish Countries; albeit, this Deputy had as much power and authority to grant the same, as any

other Governors had before him; and might have raised as much profit by bestowing the same, if he had respected his private, more than the publick good; yet hath he been so far from passing any such in all his time, as he hath endeavoured to resume all the Grants of that kind, that have been made by his Predecessors; to the end, the inferiour Subjects of the Realm, should make their only and immediate dependency upon the Crown. And thus we see, how the greatest part of the possessions, (as well of the Irish as of the English) in Leinster, Conaght, and Mun∣ster, are setled and secured since his Majesty came to the Crown: whereby the hearts of the people are also setled, not only to live in peace, but raised and encouraged to build, to p••ant, to give better education to their children, and to improve the commodities of their Lands; whereby the yearly value thereof, is already encreased, double of that it was within these few years, and is like daily to rise higher, till it amount to the price of our Land in England.

LAstly,* 1.291 the possessions of the Irishry in the Province of Ʋlster, though it were the most rude and unreformed part of Ireland, and the Seat and Nest of the last great Rebellion, are now better disposed and established, than any the Lands in the other Provinces, which have been past and setled upon Surrenders. For, as the occasion of the disposing of those Lands, did not happen without the special providence and fin∣ger of God, which did cast out those wicked and ungrateful Traitors, who were the only enemies of the reforma∣tion of Ireland: so the distribution and plantation thereof, hath been projected and prosecuted, by the special direction and care of the King himself; wherein his Majesty hath corrected the errors before spoken of, committed by King Henry 2. and K. John, in distributing and planting the first conquered Lands. For, although there were six whole Shires to be disposed, His Majesty gave not an en∣tire Country, or County, to any parti∣cular person; much less did he grant

Jura Regalia, or any extraordinary Li∣berties. For the best Brittish undertaker, had but a proportion of 3000. Acres for himself, with power to create a Man∣nor, and hold a Court Baron: Albeit, many of these undertakers, were of as great birth and quality, as the best Ad∣venturers in the first conquest. Again, his Majesty did not utterly exclude the Natives out of this plantation, with a purpose to root them ou••, as the Irish were excluded out of the first English Colonies; but made mixt plantation of Brittish and Irish, that they might grow up together in one Nation: Only, the Irish were in some places transplanted from the Woods and Mountains, into the Plains and open countries, that being removed (like wild fruit-trees) they might grow the milder, and bear the better and sweeter fruit. And this truly, is the Master-piece, and most excellent part of the work of Reformation, and is worthy indeed of His Majesties royal pains. For when this plantation hath taken root, and been fixt and setled but a few years, with the favour and bles∣sing

of God (for the Son of God himself hath said in the Gospel, Omnis plantatio, quam non plantavit pater meus, eradicabitur) it will secure the peace of Ireland, assure it to the Crown of England for ever; and finally, make it a civil, and a Rich, a Mighty, and a Flou∣rishing Kingdom.

I omit to speak of the increase of the Revenue of the Crown, both certain and casual, which is raised to a double proportion (at lest) above that it was, by deriving the publick Justice into all parts of the Realm; by setling all the possessions, of both of the Irish and Eng∣lish, by re-establishing the compositions; by restoring and resuming the customs; by reviving the Tenures in Capite, and Knights-service; and reducing many o∣ther things into charge, which by the confusion and negligence of former times, became concealed and subtracted from the Crown. I forbear likewise to speak of the due and ready bringing in of the Revenue, which is brought to pass by the well ordering of the Court of Exchequer, and the authority and pains

of the Commissioners for Accompts.

I might also add hereunto, the en∣couragement that hath been given to the Maritime Towns and Citties, as well to increase their Trade of Merchandize, as to cherish Mechanical Arts and Sci∣ences; in that all their Charters have been renewed, and their Liberties more inlarged by His Majesty, than by any of his Progenitors since the Conquest. As likewise, the care and course that hath been taken, to make Civil Com∣merce and entercourse between the Sub∣jects; newly reformed and brought un∣der Obedience, by granting Markets and Fairs to be holden in their Coun∣tries, and by erecting of corporate Towns among them.

Briefly, the clock of the civil Govern∣ment, is now well set, and all the wheels thereof do move in Order; The strings of this Irish Harp, which the Civil Ma∣gistrate doth finger, are all in tune (for I omit to speak of the State Ecclesiasti∣cal) and make a good Harmony in this Common-weal: So as we may well con∣ceive a hope, that Ireland (which here∣tofore

might properly be called the Land of Ire, because the Irascible power was predominant there, for the space of 400. years together) will from hence∣forth prove a Land of Peace and Concord. And though heretofore it hath been like the lean Cow of Egypt, in Pharaohs Dream, devouring the fat of England, and yet remaining as lean as it was be∣fore, it will hereafter be as fruitfull as the land of Canaan; the description whereof, in the 8. of Deutronomy, doth in every part agree with Ireland; being Terra Rivorum, aquarumque & fontium; in cujus Campis, & Montibus, erumpunt fluviorum abyssi; Terra frumenti, & hor∣dei; Terra lactis, & mellis; ubi absque ulla penuria comedes panem tuum, & re∣rum abundantia perfrueris.

And thus I have discovered and ex∣pressed the defects and Errors, as well in the managing of the Martial Affairs, as of the civil; which in former Ages gave impediment to the reducing of all Ireland, to the Obedience and Subjection of the Crown of England. I have like∣wise observed, what courses have been

taken; to reform the Defects and Errors in Government, and to reduce the People of this Land to obedience, since the be∣ginning of the raign of King Edward 3. till the latter end of the raign of Queen Elizabeth.

And lastly, I have declared and set forth, How all the said errors have been corrected, and the defects supplyed under the prosperous Government of His Ma∣jesty; So as I may positively conclude in the same words, which I have used in the Title of this Discourse; That untill the beginning of His Majesties Raign, Ireland was never entirely subdued, and brought under the Obedience of the Crown of England. But since the Crown of of this Kingdom, with the undoubted right and Title thereof, descended upon His Majesty; The whole Island from Sea to Sea, hath been brought into his Highness peaceable possession; and all the Inhabitants, in every corner thereof, have been absolutely reduced under his immediate subjection. In which conditi∣on of Subjects, they will gladly continue, without defection or adhaering to any

other Lord or King, as long as they may be Protected, and justly Governed, with∣out Oppression on the one side, or impu∣nity on the other. For, there is no Na∣tion of people under the Sun, that doth love equal and indifferent Justice, better than the Irish; or will rest bet∣ter satisfied with the execution thereof, although it be against themselves; so as they may have the protection and be∣nefit of the Law, when upon just cause they do desire it.

FINIS.

Notes

• * 1.1

  Two main im∣pedi∣ments of the con∣quest.
• * 1.2

  The faint prosecu∣tion of the war.
• * 1.3

  What is a perfect Conquest
• * 1.4

  How the war hath been pro∣secuted since the 17 year of Henry the se∣cond.
• * 1.5

  In the time of Henry the se∣cond.
• * 1.6

  Giral∣dus Cam∣brensis.
• * 1.7

  The first attempt but an adven∣ture of private Gentle∣men.
• * 1.8

  With what forces the King himself come o∣ver.
• * 1.9

  Archiu. Remem. Regis. a∣pud West
• * 1.10

  What manner of Con∣quest K. Henry the se∣cond made of Ireland.
• * 1.11

  Bodin de Repub.
• * 1.12

  The true marks of Sove∣raignty.
• * 1.13

  Hoveden in Henri∣co secun∣do fol. 312.
• * 1.14

  6 Johan∣nis Claus. membra∣na. 18.17. Jo∣hannis Chart. m. 3. 6. Hen. 3. chart. m. 2.
• * 1.15

  Archiu. in Castro Dublin.
• * 1.16

  ••2. Hen. 3. Co••∣po•••••• Will de la Zouch 36. H••n. 3. ••om∣••••tus Huberti de Rouly.
• * 1.17

  How the war•• was prosecu∣ted in the time of King John. Giraldus Cam∣brensis.
• * 1.18

  Giraldus Cam∣brensis.
• * 1.19

  Geraldus Cam∣brensis.
• * 1.20

  Matth. Pacis in Richar∣do primo •••• 15 19.
• * 1.21

  Matth. Paris.
• * 1.22

  This Charter yet re∣maineth perfect, with an entire Seal in the trea∣sury at West∣minster▪ Archiu. in Castro Dublin & Ar∣chiu Turr. 52•• Hen. 3 patent. m. 9.
• * 1.23

  How the martial affairs were car¦ried from the 12▪ year of King John, to the 36. year of King Ed∣ward the Third.
• * 1.24

  Archiu. in Castro Dublin.
• * 1.25

  Stat. 10. H. 7. c. 4. rot. Par∣liam. in Castro Dublin.
• * 1.26

  Annales Hiberniae in Cam∣den.
• * 1.27

  Baron Finglas. Manus. Stat. 10. H 7. cap. 4. Rot. Parli. in Castro Dublin.
• * 1.28

  Stat. 11. H. 4. c. 6. Baron Finglas. M. S.
• * 1.29

  The Ar∣my trans∣mitted with Lionel Duke of Clarence, the 36 of Edw. 3. Archiu. Remem. Regis apud Westm.
• * 1.30

  The manner of le∣vying Souldiers informer ages.
• * 1.31

  What ser∣vice Lio∣nel Duke of Cla∣rence perform∣ed.
• * 1.32

  Archiu. Tur. 36. Edw. 3 Claus. m. 21. in dorso. & m. 30.
• * 1.33

  ••••r Will. Winsor. Lieute∣nant, 47 Ed. 3. his forces & service.
• * 1.34

  47 Ed: 3. Claus. m. 1.
• * 1.35

  Stow in Rich 2.
• * 1.36

  The state of the re∣venue of Ireland, in the time of Edw. 3.
• * 1.37

  Walsingham in Rich. 2.
• * 1.38

  Archiu Turr. 11 H. 3. patent m. 3. 21 Ed. 3. m. 41.
• * 1.39

  47 Ed. 3. claus. pers. 2. m. 24. & 26.
• * 1.40

  Archiu. in Castro Dublin.
• * 1.41

  Hollings∣head in R. 2.
• * 1.42

  Archiu. in Castro Dublin. 5 Edw 3.
• * 1.43

  How the war pro∣ceeded in the time of King Richard the se∣cond. 3 Rich. 2. Archiu. Tur Rot. Parl. 42.
• * 1.44

  Pat. 2. pars. 9. Rich. 2. m. 24.
• * 1.45

  Walsin∣gham in Rich. 2.
• * 1.46

  Annales, Tho. Ot∣terbourne Manu∣script.
• * 1.47

  Stow in Rich. 2••
• * 1.48

  Archiu. in officio Reme∣morat. regis a∣pud West∣mon.
• * 1.49

  Holling∣shead in Richard the 2.
• * 1.50

  Henry 4.
• * 1.51

  The Lord Thomas of Lan∣caster his service.
• * 1.52

  Archiu. Rememo∣rat. regis apud Westm.
• * 1.53

  Henry 5.
• * 1.54

  The Lord Furnival his ser∣vice.
• * 1.55

  Alb. libr. Scacc. Dublin.
• * 1.56

  Henry 6.
• * 1.57

  Richard Duke of York his service.
• * 1.58

  Archiu. in Castro Dublin.
• * 1.59

  Holling∣shead in Henry the sixth.
• * 1.60

  Rot. Parl. in Castro Dublin.
• * 1.61

  Archiu. Tur. 17. Hen. 6. Clausam. 20.
• * 1.62

  Manu∣script of Baron Finglas.
• * 1.63

  Holling∣shead in Hen. 6.
• * 1.64

  Edw. 4. How the War was main∣tained in the time of King Edw. 4.
• * 1.65

  Holling∣shead in Edw. 4.
• * 1.66

  Book of Howth M••rus.
• * 1.67

  The fra∣ternity of Saint George in Ire∣land.
• * 1.68

  14. of Edw. 4. Rot. Parl. Dublin.
• * 1.69

  Henry 7. How the war was prosecu∣ted in time of K Hen. 7.
• * 1.70

  Ar••••••••. Remem. Regis a∣pud West.
• * 1.71

  The book of Howth Manus.
• * 1.72

  Holin∣shead in Hen. 7.
• * 1.73

  Sir Ed: Poynings service.
• * 1.74

  Rot. Parl. in Castro Dublin.
• * 1.75

  The book of Howth
• * 1.76

  The bat∣tle of Knock∣tow.
• * 1.77

  Henry 8.
• * 1.78

  How the war was carried, during the reign of King Henry the eight.
• * 1.79

  The Earl of Sur∣ries ser∣vice.
• * 1.80

  The Lord Leonard Grayes service.
• * 1.81

  The fight at Bela∣hoo.
• * 1.82

  Book of Howth. Manus▪
• * 1.83

  Sir An∣thony St. Leger.
• * 1.84

  Sir Edw. B••llin∣gham, in the time of King Edw. 6.
• * 1.85

  Archiu. Remem. Regis a∣pud West
• * 1.86

  'Tho: Earl of Sussex in the time of Queen Mary.
• * 1.87

  Queen Eliza∣beth.
• * 1.88

  How the war was prosecu∣ted in the time of Qu Eli∣zabeth.
• * 1.89

  Shane O Neales Rebelli∣on.
• * 1.90

  Archiu. Remem. Regis apud Westm.
• * 1.91

  Desmonds Rebelli∣on.
• * 1.92

  Tyrones Rebelli∣on.
• * 1.93

  Four main de∣fects in the pro∣secution of the War.
• * 1.94

  Why none of the Kings of Eng∣land, be∣fore Qu. Eliza∣beth, did finish the conquest of Ire∣land.
• * 1.95

  Giraldus Cam∣brensis.
• * 1.96

  How the several Kings of England were di∣verted from the Conquest of Ire∣land.
• * 1.97

  King Henry 2.
• * 1.98

  The book of Howth Manus.
• * 1.99

  Rich. 1.
• * 1.100

  K. John.
• * 1.101

  Henry 3.
• * 1.102

  Edw. 1.
• * 1.103

  Archiu. in Castro Dublin.
• * 1.104

  Annales Hiberniae in Cam∣den.
• * 1.105

  Edw. 2.
• * 1.106

  Annales Hiberniae in Cam∣den.
• * 1.107

  Archiu. in Castro Dublin.
• * 1.108

  Manu∣script of Friar Clinn.
• * 1.109

  Rubr. libr. Scac. Dublin:
• * 1.110

  Edw. 3.
• * 1.111

  Annales Hiberniae in Cam den.
• * 1.112

  Rich. 2.
• * 1.113

  Henry 4.
• * 1.114

  Henry 5.
• * 1.115

  Annales Hiberniae in Cam∣den.
• * 1.116

  Henry 6.
• * 1.117

  Holling∣shead in Hen. 6.
• * 1.118

  Manu∣script of Baron Finglas.
• * 1.119

  Edw. 4.
• * 1.120

  Rich. 3.
• * 1.121

  Henry 7.
• * 1.122

  Henry 8.
• * 1.123

  King Edward 6. and Qu. Mary.
• * 1.124

  Qu. Eli∣zabeth.
• * 1.125

  2. The de∣fects in the Civil Policy & govern∣ment.
• * 1.126

  1. The Laws of England were not given to the meer Irish.
• * 1.127

  Matth. Paris Hist. ma∣jor, fol. 121.
• * 1.128

  Matth. Paris Histor. major. 220 b.
• * 1.129

  11 Hen. 3. pat. m. 3.
• * 1.130

  30 H. 3. pat. m. 20
• * 1.131

  The meer Irish not admitted to have the bene∣fit of the Laws of England.
• * 1.132

  The meer Irish re∣puted Aliens.
• * 1.133

  Archiu. in Castro Dublin.
• * 1.134

  Archiu. in Castro Dublin.
• * 1.135

  Archiu. in Castro Dublin.
• * 1.136

  Archiu. in Castro Dublin.
• * 1.137

  Archiu. in Castro Dublin.
• * 1.138

  Archiu. in Castro Dublin.
• * 1.139

  That the meer Irish were re∣puted enemies to the Crown.
• * 1.140

  Archiu. in Castro Dublin.
• * 1.141

  Archiu. in Castro Dublin.
• * 1.142

  Archiu. in Castro Dublin.
• * 1.143

  Archiu. in Castro Dublin.
• * 1.144

  Stat. de Kilkenny c 2. & 3.10 Hen. 6. c. 1.28 Hen. 8 c. 13.
• * 1.145

  The Irish did de∣sire to be admitted to the be∣nefit and protecti∣on of the English Laws, but could not obtain it.
• * 1.146

  2. Ed. 3. claus. 17.
• * 1.147

  The Council Book of Ireland, 34 Hen 8
• * 1.148

  What mischief did grow by not Commu∣nicating the Eng∣lish Laws to the I∣rish.
• * 1.149

  What good would have en∣sued, if the meer Irish had been go∣verned by the English Laws.
• * 1.150

  Three general submissi∣of the I∣rish.
• * 1.151

  The English Laws were ex∣ecuted only in the Eng∣lish Co∣lonies.
• * 1.152

  Archiu. in Castro Dublin.
• * 1.153

  Statut. de Kil∣kenny. c. 4.
• * 1.154

  The Ro∣mans did commu∣nicate their laws to the nati∣ons, which they con∣querred.
• * 1.155

  Tacitus in vita Agrico∣lae.
• * 1.156

  William the Con∣queror governed both the Nor∣mans and the Eng∣lish un∣der one Law.
• * 1.157

  Camden in Nor∣folke.
• * 1.158

  K. Edw. 1. did commu∣nicate the Eng∣lish laws to the Welsh∣men.
• * 1.159

  Giraldus Cam∣brensis. l. 2. de Hibernia expugna∣ta.
• * 1.160

  2. The Lands conque∣red from the Ir••sh were not well di∣stribu∣ted.
• * 1.161

  The pro∣portions of Land granted to the first Ad∣ventu∣rers were too large•• Giraldus Cam∣brensis, l. 2. de l••••∣bernia expugna∣ta.
• * 1.162

  In Arch. Tur. 5 Ed. 3. escheat numero 104.
• * 1.163

  2 Johan. Chart. m. 15. & m. 38.
• * 1.164

  6 Johan Chart. m. 1. 7 Johan. Chart. m. 12. & n. 109. 6 Edw. 1. Chart. m. 19.18 Ed. 1. m. 29. Girald. Cambr. l. 2. de Hi∣bernia expug. All Ire∣land di∣stributed to ten persons of the English Nation.
• * 1.165

  6 H. 3. Chart. m. 2.
• * 1.166

  Hovend. in H. 2. fol. 302. Archiu. tur. 17 Johan. Chart. m. 3.
• * 1.167

  6 Johan. Claus. m. 18.
• * 1.168

  Matth. Paris in Henry the third
• * 1.169

  3 Hen. 3.
• * 1.170

  The li∣berties granted to the first Ad∣venturers were too great. Eight Counties Palatines in Ire∣land at one time.
• * 1.171

  Annales Hiberniae in Cam∣den.
• * 1.172

  In Arch∣••u••. 1•• E••w 3. 〈…〉〈…〉.
• * 1.173

  Five Counties Palatines in Lein∣ster.
• * 1.174

  Archiu. in Castro Dublin.
• * 1.175

  Archiu. Tur. pat. 3. E. 3. m. 28.
• * 1.176

  Archiu. in Castro Dublin.
• * 1.177

  The in∣conveni∣ences which grew by the large grants of lands & liberties.
• * 1.178

  The Eng∣lish Lords in Ireland made war & peace at their pleasure.
• * 1.179

  The war and dis∣sention of the English Lords one with another.
• * 1.180

  Annales Hiberniae in Camd.
• * 1.181

  Annal Hiber in Ca••
• * 1.182

  Annales Johan. Clyn. Manusc.
• * 1.183

  Baron Finglas Manusc
• * 1.184

  Stat. 10 H. 7. c. 4.
• * 1.185

  Rot. Parl. in castro Dublin.
• * 1.186

  Baron Finglas, Manu∣script.
• * 1.187

  Archiu. Tur. 5. Ed. 3. claus. m. 4.
• * 1.188

  Archiu. tur. 15. Ed. 3. claus. m. 4.
• * 1.189

  Annales Hiberniae in Cam∣den.
• * 1.190

  The first Adven∣turers obtained these li∣beral Grants, because the Kings of England d••d not prosecute the war at their own charge.
• * 1.191

  How the State of Rome rewarded their men of war.
• * 1.192

  William the Conqueror.
• * 1.193

  Camden in Chester.
• * 1.194

  Wales distributed to the L. Mar∣chers.
• * 1.195

  The English Lords did not reduce the woods and wasts in For∣rests and Parks Chart. de forest. c. 2. &. 3.
• * 1.196

  The English Colonies rejected the Engli∣sh laws and cu∣stoms, and em∣braced the Irish.
• * 1.197

  The Na∣ture of Irish Cus∣toms.
• * 1.198

  The Irish laws and customs, differing from the laws and customs of all ci∣vil Nati∣ons.
• * 1.199

  The Irish law in criminal causes.
• * 1.200

  The Irish custom of tani∣stry.
• * 1.201

  The Irish Custome of Gavel-kind.
• * 1.202

  The mischiefs that arise, by these two cu∣stoms.
• * 1.203

  The wicked customs of Coigne and Li∣very.
• * 1.204

  The mis∣chiefs that did arise by Coigne and Livery.
• * 1.205

  The cause of idle∣ness in the Irish.
• * 1.206

  Why the Irish are Beggars in for∣reign Countrys
• * 1.207

  Why the Irish are reputed a crafty people.
• * 1.208

  Why the Irish are inquisitive after news.
• * 1.209

  Cosher∣ings.
• * 1.210

  Sessings.
• * 1.211

  Cuttings.
• * 1.212

  Gossipred
• * 1.213

  How the English Colonies beca••••e degene∣rate.
• * 1.214

  Alb. libr. Scacc. Dubl.
• * 1.215

  5 Ed. 3. m. 25.
• * 1.216

  When & how the English Colonies became degene∣rate.
• * 1.217

  The Scots o∣verrun Ireland.
• * 1.218

  Annales Hiberniae in Cam∣den▪
• * 1.219

  Desmond chief command∣er in the war against the Scots.
• * 1.220

  When and how the ex∣tortion of Coign and Li∣very be∣gan a∣mong the English.
• * 1.221

  The rising Mac Murrogh and O M••re in Leinster. Annales hiberniae in Cam∣den.

  Annales Johan. Clynne. Manus. The de∣fect and loss of a great part of Leinster.
• * 1.222

  The Earl of Ʋlster murdered.
• * 1.223

  Annales Johan, Clynne, Manus.
• * 1.224

  The Earldom of Ʋlster recove∣red by the Irish.
• * 1.225

  Abridge∣ment of Salus po∣puli ma∣script. Baron Finglas, Manus.
• * 1.226

  Annales Hiber∣niae in Camden.
• * 1.227

  The defection of Co∣naght.
• * 1.228

  Baron Finglas, Manus.
• * 1.229

  Annales Hiber∣niae in Camden.
• * 1.230

  What courses have been ta∣ken to reform this King∣dom, since the English Colonies became degene∣rate. Edw. 2.
• * 1.231

  K. Edw. the third did first endea∣vour a reforma∣tion.
• * 1.232

  Archiu. Tur. 2. E. 3•• clau. pers. 1. m. 16. Sir An∣thony Lucy.
• * 1.233

  Annales Hiberni•• in Cam∣den.
• * 1.234

  Resum∣ption of liberties.
• * 1.235

  Annales Hiberniae in Cam∣den.
• * 1.236

  Sir Raphe Ʋfford. Annales Jo••an. Manus. Clynn.
• * 1.237

  Annale Hibern•• in Ca••¦de••.
• * 1.238

  Maurice Fitz-Thomas the first Earl of Desmond, the au∣thor of the great oppressi∣ons and dissentions which destroy∣ed the English Colonies.
• * 1.239

  The for∣tune of the house of Desmond.
• * 1.240

  The Council-book of Ireland▪ 32 H. 8.
• * 1.241

  The course Refor∣mation pursued by Lio•• Duke Clare••
• * 1.242

  Archiu. in Castro Dublin. Statutes of Kil∣kenny.
• * 1.243

  C. 2.
• * 1.244

  C. 3.
• * 1.245

  C. 4.
• * 1.246

  C. 10.
• * 1.247

  C 12.
• * 1.248

  C. 13.
• * 1.249

  C. 15.
• * 1.250

  C. 17.
• * 1.251

  C. 22.
• * 1.252

  C. 24.
• * 1.253

  The Statutes of Kil∣kenny did much, re¦form th•• degene∣rate Eng¦lish▪
• * 1.254

  Stat. 10 H. c. 8.
• * 1.255

  The pre∣sence of the Kings son, did much advance the refor∣mation.
• * 1.256

  Absence of our Kings & great English Lords, a chief cause why the King∣dom was not re∣duced.
• * 1.257

  Abse•••• of o•••• King
• * 1.258

  The ab∣sence of the great English Lords.
• * 1.259

  Baron. Finglas, Manusc.
• * 1.260

  Baron Finglas, Manusc.
• * 1.261

  Arch Tur •• parli•• n. 42.
• * 1.262

  Arch in O•• Rem•• Dubl••
• * 1.263

  Act of Absen∣tees, 28 H. 8.
• * 1.264

  The re∣formati∣on inten∣ded by K. Ric•• 2. Archi•• Tur. 3 Rich. claus. 3. Ri•• 2. Rot•• Parl•• 11.42 9 Ri•• 2. cl.
• * 1.265

  Walsi∣ham •• Rich 349.
• * 1.266

  Plac. co¦ram. Re¦g•• in Hi¦bernia. Hillar. 18. Rich•• 2.
• * 1.267

  The re¦format••¦on int••••¦ded by Hen. ••
• * 1.268

  The course of reforma∣tion held by Sir Edward Poynings, in the time of K. Hen 7.
• * 1.269

  Poynings Act.
• * 1.270

  The Co•••• Boo•• Irel•• 16 ••
• * 1.271

  The Re∣formati∣on in∣tended by the L. Leonard Gray, 28 H. 8.
• * 1.272

  Annal•••• Hiber•••• Manu••
• * 1.273

  The Coun•••• Book•• 〈◊〉〈◊〉 Irela•••• 2•• ••••
• * 1.274

  The c••urs•• Refor••••∣tion ••¦sued Sir A••∣thony S. L•• Four nera•• subm••¦ons the I••
• * 1.275

  The Cou•• Boo•• Irel•• 32, 3•• 34 ••
• * 1.276

  The and gen•• Ea•• ren•• the
• * 1.277

  The Council Book of Ireland, 33 H. 8.
• * 1.278

  The course of reforma∣tion pro∣secuted by Tho. Earl of Sussex, in the time of Queen Mary. Li••x and Offaly made two Counti••s, 3. & 4. Phil. & Mariae.
• * 1.279

  The course of reforma∣tion fol∣lowed by Sir Henry Sid∣ney, in the time of Queen Eliza∣beth.
• * 1.280

  〈◊〉〈◊〉 re∣••••••mati∣•••• ad∣••••••ced 〈◊〉〈◊〉 Sir ••ohn ••errot.
• * 1.281

  The ser∣vice of William Fitz-Williams, tending to refor∣mation.
• * 1.282

  How the Defects and er∣rors in the go∣vern∣ment of Irel. have been supplied and a∣mended since the begin∣ning of his Majesties Reign.
• * 1.283

  Errors ••n the carriage of the martial affairs amend∣ed.
• * 1.284

  How the defects in the Civil Govern∣ment have bin supplied.
• * 1.285

  ••. By esta∣blishing the pub∣lick peace.
• * 1.286

  2 By esta∣blishing the pub∣lick Ju∣stice in every part of the King∣dom.
• * 1.287

  The good effects which followed the exe∣cution of the Law through∣out the Kingdom
• * 1.288

  3. The setling of the states and pos∣sessions of the Irish∣ry, as well as of the Eng∣lish.
• * 1.289

  How the commis∣sions for Surren∣ders, and defective Titles have been p•• in execu¦tion.
• * 1.290

  No gran•• of Irish Captain-ships, o•• S••nescha••¦ships, since ••i•• Majestie Reign.
• * 1.291

  The plantati∣on on of Ʋlster.