QUEEN S SERVICE IN IRELAND. 193 



avoiding of scandal and insatisfaction here, by the 

 show of a toleration of religion in some parts there. 



For justice ; the barbarism and desolation of the 

 country considered, it is not possible they should find 

 any sweetness at all of justice : if it should be, which 

 hath been the error of times past, formal, and fetched 

 far off from the state ; because it will require running 

 up and down from process ; and give occasion for 

 polling and exactions by fees, and many other delays 

 and charges. And therefore there must be an in 

 terim in which the justice must be only summary : 

 the rather, because it is fit and safe for a time the 

 country do participate of martial government ; and 

 therefore, I could wish in every principal town or 

 place of habitation, there were a captain or governor ; 

 and a judge, such as recorders, and learned stewards 

 are here in corporations, who may have a prerogative 

 commission to hear and determine &quot; secundum sanam 

 tl discretionem ;&quot; and as near as may be to the laws 

 and customs of England ; and that by bill or plaint* 

 without original writ ; reserving from their sentence 

 matter of freehold and inheritance, to be determined 

 by a superior judge itinerant ; and both sentences, 

 as well of the bailywick judge, as itinerant, to be re 

 versed, if cause be, before the council of the province 

 to be established there with fit instructions. 



For obligation and reward ; it is true, no doubt, 

 which was anciently said, that a state is contained in 

 two words, &quot; praemium&quot; and &quot; posna ; and I am 

 persuaded, if a penny in the pound which hath been 

 spent in &quot; poana,&quot; for this kind of war is but &quot;poena,&quot; 



VOL. v. o 



