IRELAND. 



oT tlieir lives, wnikher (hould they fly but into the woods 

 and mountains, and there live in a wild and barbarous 

 manner ? If the Engli{h magiflrates would not rule them 

 'hj the law which doth punifh murder, and trcafon, and theft 

 ■with death, but leave them to be ruled by their own loids 

 and laws, why fliould they not embrace tlicir own Brehon 

 law, which punilhes no offence, but with a fine or erickc ? 

 If the Irifii be not permitted to purcliafe eftatcs of freeholds 

 or inheritance, which might dcftcnd to their children, ac- 

 cording to the courfe of our common law, muft they not 

 continue their cuftom of taniftry, which makes all their pof- 

 feflions uncertain, and brings confufion, barbnrifm, and inci- 

 •vility ? In a word, if the linglilh would neither in peace 

 •govern them by the law, nor in war root them out by the 

 fword, mull they not needs be pricks in their eyes and thorns 

 in their fides, till the world's end." 



Sir John Wogan, appointed to the government in the 

 year 1295, endeavoured to enforce the laws, and to keep in 

 order the turbulent nobles of Englifii extraction. For this 

 purpofe a parliament was fummoned more regularly than 

 luch afiemblies had hitherto been convened in Ireland. The 

 regulations made by it, however, though calculated to check 

 tlie diforders of the time, were either of little avail, or their 

 effeft of (hort duration ; and the country (till continued in a 

 -diftrafted (late. The weak government of the fecond Edward 

 left the great lords at full liberty to purfue their refpcc- 

 tive fchemesof private interell, when an invafion bv Edward, 

 the brother of Robert Bruce, now eftabliflied king of Scot- 

 land, fupported by the chieftains of Ulller, reduced them to 

 the greatefl diftrefs. Bruce was even crowned king of Ire- 

 land at Dundalk, and proceeded into Munfter, carrying dc- 

 vaftation wherever he went. His troops, however, walled 

 away by pellilence and famine, were reduced to a fmall num- 

 ber, and in a battle, which he too eagerly fought, lie was 

 flain the third year after his landing in Ireland. On his de- 

 feat, matters reverted to the old channel, and fo continued 

 through the f.icceeding itign, until the appointment of 

 Lionel, the king's fecond fon, to be cliief governor in 1361. 

 Before notice is taken of his proceedings, it will be necef- 

 fary to obferve, that in the reign of Edward II , Maurice 

 Fitz-Thomas of Defmond, being chief commander againll 

 the Scots, began that extortion of coin and livery, which 

 is called, in tlie old ilatutes, a damnable cujlom, and the 

 impoting and taking of them declared high treafon. Thefe 

 words imply that he and his army exafted food for them- 

 felves and their horfes, and money at pleafure, without 

 any ticket, or other fatisfaclion. And this was, after 

 that time, the general fault of all the governors and com- 

 manders of the army in Ireland, though fome were more 

 cruel in the cxaftion than others. '< Befides," fays Davies, 

 " the Ent^^ifli colonies, being difperfed in every province 

 of this kingdom, were enforced to keep continual guards 

 upon the borders and marflies round about them ; which 

 guards, confiding of idle foldiers, were hkewife impofed as 

 a continual burden upon the poor Englilh freeholders, whom 

 they opprefled and impoveriflied in the fame manner. And 

 'hecaui'e the great Eiiglidi lords and captains had power to 

 impofe this charge, when and where they plcafed, many 

 of the poor freeholders were glad to give unto thefe lords a 

 jrreat part of their lands, to hold the reft free from that 

 extortion ; and many others, not being able to endure that 

 intolerable oppreffion, did utterly quit their freeholds, and re- 

 turned into England. By thefe means the Englifii colonies 

 grew poor and weak, though the Englifh lords grew rich 

 and mighty; for they placed Irifti tenants upon the lands 

 relinqBilhed by the Enghfli ; upon them they levied all Irilh 

 «xa6tiuas ; wuh them they married, and foftered, and made 



golTips ; fo 33 within one age the Englifh, both lords an4 

 freeholders, became degenerate and mere Irilh in their lan- 

 guage, in their apparel, in their arms and manner of fight,- 

 and all other cuftomsof life whatfoevcr." 



Lionel, fcon after created duke of Clai-enre, was, in right 

 of his wife, pofleded of a confiderable territory in Ireland, 

 and liis livll objeft feems to have been to recover parts of it 

 from thofe who were now called rebeh. His military pro- 

 ceedings v.-ere of no great moment, but he applied himfelf 

 with zeal and diligence to the reformation of the Englifii 

 fettlers. A pai-liament was fummoned at Kilkenny, which 

 was more refpeftable and numerous than any preceding one, 

 and the refult of the deliberation of whicli was that ordi- 

 nance, known by the name of the Statute of Kilkenny ; 

 this was in \T,<!>-i. The great objeft of this ilatute was to 

 reduce the Englifii colonies to obedience of the Engluh law 

 and magiftiates. " The preamble of it recites," (to ufe 

 the abllract given of it by Dr. Leland,) " with a decifion 

 not without colour, hut yet too general and indifcriir.inate, 

 that the Englilh of tlie realm of Ireland, before the arrival 

 of the duke of Clarence, were become mere Irifii in their 

 language, names, apparel, and manner of living ; had re- 

 jefted the Englifii laws, and fubmitted to thofe of the Irifii, 

 with whom they had united by marriage alliance to the ruin 

 of the general weal. It was, therefore, enabled, that mar- 

 riagej nurture of infants, and goflipzed with the Irifii, fiiould 

 be cor.fidered and puBifiied as high treafon. Again, if any 

 man of Enghfii race ftiall ufe an Irifii name, the Irifii Ian- 

 guage, or the Irifii apparel, or any mode or cuftom of the 

 Irifii, the aft provides that he fiiall forfeit lands and tene- 

 ments, tintii he hath given fecurity in tlie court of chancery 

 to conform in every particular to the Englifii manners. 

 The Brehon law was pronounced to be a pernicious cuftom 

 and innovati! n lately introduced among the Englilh fubjeCls, 

 It was, therefore, ordained, that in all their controverlies 

 they fiiould be governed by the common law of England.: 

 and that whoever fiiould fubmit to the Irifli jurifdidion, was 

 to be adjudcfed guilty of high treafon. As the Englifii 

 had been accuftomed to make war and peace with the bor- 

 dering enemy at their pleafure, they were now exprefsly 

 prohibited from levying war upon the Irifii without fpecial 

 warrant from the ilate. It was alfo made highly penal to 

 the Englifii, to permit their Irifii neighbours to graze their 

 lands, to prefent them to ecclefiaftical benefices, or to re- 

 ceive them into monafteries or religious houfes ; to entertain 

 their bards, who perverted their imaginations by romantic 

 tales ; or their news-tellers, who feduccd them by falfe re- 

 ports. It was made felony to impofe or eefs any forces 

 upon the Englifii fubjedl againft his will. And as the royal 

 liberties and franchiles were becom.e fanftuaries for male- 

 faclors, exprefs power was given to the king's fiieriffs to 

 enter into all franchifes, and there to apprehend felons and 

 traitors. Laftly, becaufe the great lords, when they levied 

 forces for the pubhc fervice, atled with partiality, and laid 

 unequal burdens upon the fubjefls, it was ordained that 

 four wardens of the peace in every county Ihould adjudge 

 what men and armour every lord and tenant fiiould provide. 

 The ftatute was promulged with particular folemnity ; and 

 the fpiritual lords, the better to enforce obedience, de- 

 nounced an excommunication on thofe who fliould prefuine 

 to violate it in any inftance." After obferving that thefe 

 inllitutions did not apply to any except the Englifii fettlers, 

 Dr. I.eland goes on to remark upon the want of equity 

 and good policy towards the Irilh. " Extenfive views, li- 

 beral fentinientj, and a generous y.eal for public happinefs 

 would have prompted them to fome meafures for conciliating 

 the affedlions as well as for fubduing the pe^lous and pol- 



fcih. . 



