BUT
if that country of Ireland
whence you lately came, be so goodly and commodious a
soyle as you report, I wounder that no course is taken for
the tourning therof to good uses, and reducing that salvage
nation to better goverment and civillity.
Irenius: Mary, so
ther have bin divers good plotts
devised, and wise counsells cast alredy about reformation
of that realme, but they say it is the fatall destiny of that
land, that no purposes, whatsoever are meant for her good,
wil prosper and take good effect: which, whether it
proceede from the very genius of the soyle, or influence of
the starrs, or that Almighty god hath not yet appoynted the
time of her reformacion, or that he reserveth her in this
unquiet state still, for some secret scourge, which shall by
her come unto England, it is hard to be knowne, but yet
much to be feared.
Eudox: Surely I
suppose this but a vaine conceipt of
simple men, which judge things by ther effects, and not by
ther causes; for I would rather thinck the cause of this evel,
which hangeth upon that country, to proceede rather upon
the unsoundnesse of the counsell, and plotts, which you say
have bin oftentimes layd for her reformacon, or of
fayntnesse in following and effecting the same, then of any
such fatall course or appoyntment of god, as you misdeme;
but it is the manner of men, that when they are fallen into
any absurdity, or theyre actions succeede not as they
would, they are ready alwayes to impute the blame therof
unto the heavens, so to excuse ther own folly and
imperfections: so have I also heard it often wished, (even of
some whos great wisedome in [my] opinion should seme to
judg more soundly of so weighty a consideracon) that all
that land weare a sea-poole; which kind of speach, is the
manner rather of desperate men far driven, to wish the
utter ruine of that which they cannot redresse, then of
grave counsellors, which ought to thinck nothing so hard,
but that through wisdome it may be maistered and
subdued; since the poet sayth, that the wiseman shall rule
even over the starrs, much more over the earth: for were it
not the part of a desperate physition to wish his diseased
patient dead, rather then to imploy the best indevours of
his skill for his recovery: but since we are so far entred, let
us I pray you, devise of those evills, by which that country is
held in this wretched case, that it cannot, as you say, be
recured. And if it be not painfull to you, to tell us what
things during your late continuance ther, you observed, to
be most offensive, and impeachfull unto the good rule and
government therof.
Iren: Surely,
Eudox., the evills which you desire to be
recounted are very many, and almost countable with those
which were hidden in the basket of Pandora: but since you
so please, I will out of that infinit number, reckone but
some that are most capitall, and commonly occurrent both
in the life and condicions of private men, and also in the
manage of publique affaires and pollicie. The which you
shall understand to be of divers natures, as I observed
them: for some of them are of very great antiquity and long
continuance; others more late and of lesse endurance;
others dayly growing and increasing continually, as the evill
occasions are every day offred.
Eudox: Tell them,
I pray you, in the same order that
you have now rehearsed them; for ther can be no better
methode then this which the very matter itself offreth. And
when you have reckoned all the evills, let us heare your
opinion for redressing of them. After which ther will
perhaps of it self appere some reasonable way to settle a
sound and perfect rule of government by shunning the
former evills, and following the offred good. The which
methode we may learne of the wise Physitions, which first
require that the malady be knowne throughly and
discovered: afterwards do teach how to cure and redresse
it: and lastly do prescribe a diet with streight rules and
orders to be dayly observed, for fear of relaps into the
former disease, or falling into some other more dangerous
then it.
Iren: I will then
according to your advisement, begin
to declare the evills which seme to be most hurtfull to the
comon-weale of that land: and first, those which I sayd were
most ancient and long growne: and they are also of 3 kinds;
the first in the lawes, the second in customes, the last in
religion.
Eudox: Why,
Irenius, can there be anie evill in the
lawes? can things which are ordayned for the safetie and
good of all, turne to the evill and hurt of them? This well I
wote both in that state and in all other, that were they not
contayned in doutie with feare of lawe which restrayneth
offences, and inflicteth sharpe punishment to misdoers, no
man should enjoy anie thing, everie mans hand would be
against another. Therfore in finding fault with the lawes I
doubt me you shall muche over-shote your selfe, and make
me the more dislike your other dislikes of that
government.
Iren: The lawes
Eudoxus, I doe not blame for them
selves, knowing that all lawes are ordayned for the good of
the common weal and for repressing of licensiousnesse
and vice: but it falleth out in lawes, no otherwise then it
doth in Phisick, which was at first devized, and is yet dayly
ment and ministred for the health of the patient: but
neverthelesse we often se that either through ignorance of
the disease, or unseasonablenesse of the time, or other
accidents comming betwene, in stead of good it worketh
hurt, and out of one evill, throweth the patient into many
miseries: so the lawes were at first intended for the
reformacon of abuses, and peaceable continuance of the
subjects: but are since either disannulled or quite
prevaricated through chang and alteration of times, yet are
they still good in them selves: but to that common wealth
which is ruled by them they worke not that good which they
should, and sometimes also perhaps that evil which they
would not.
Eudox: Whether do
you meane this by the common
lawes of the realme or by the statute lawes and acts of
parliament?
Iren: Surely by
them both: for even the common
lawes, being that which William of Normandy brought in
with his conquest and layd upon the neck of England,
though it perhaps fitted well with the state of England then
being, and was readily obeyed through the power of the
commander which had before subdued the poeple to him,
and made easy way to the setting of his will; yet with the
state of Ireland peradventure it doth not so well agre, being
a poeple altogether stubborn and vntamed and, if it were
once tamed, yet now lately having quite shaken of ther
yoke and broken the bands of ther obedience. For England,
before the entrance of the Conqueror, was an unpeaceable
kingdome, and but lately entred to the mild and godly
goverment of King Edward surnamed the confessor;
besides now lately growne unto a lothing and detestation of
the unjust and tirannous rule of Harold, an usurper, which
made them the more willing to accept of any reasonable
condicons and order of the new Victor, thincking surely it
could be no worse than the latter, and hoping well it would
be as good as the former: yet what the proofe of the first
bringing in and establishing of the lawes was, was to many
full bitterly made knowne. But with Ireland it is far
otherwise: for it is a nation ever acquainted with warrs,
though but amongest them selves, and in ther owne kind of
military disciplin, trayned up from ther youths: which they
have never yet bin tought to lay aside, nor made to learne
obedience unto the law, scarsely to know the name of law,
but in stead therof have alwayes preserved and kept ther
owne law, which is the Brehon law.
Eudox: What is
that which you call the Brehon law?
it is a word unto us altogether unknowne.
Iren: It is a
certaine rule of right, unwritten, but
delivered by tradition from one to an other, in which
oftentimes there appereth great shew of equity, in
determining the right betwene part and party, but in many
things repugning quite from gods law and mans, as for
example, in the case of murther. The Brehon that is ther
judg, will compound betwene the murtherer, and the
frends of the party murthered, which prosecute the action,
that the malefactor shall give unto them, or to the child, or
wife of him that is slaine, a recompence, which they call an
Iriach; by which vile law of thers, many murders are
amongest them made up and smothered. And this judg
being, as he is called, the Lords Brehon, adjudgeth for the
most part a better share unto his Lord, that is the Lord of
the soyle, or the head of that septe, and also unto him self,
for his judgment, a greater portion than unto the plaintifes
or parties grieved.
Eudox: This is a
most wicked law indede: but I trust
it is not now used in Ireland, since the kings of England
have had the absolute dominion therof, and established
ther owne lawes there.
Iren: Yes truly,
for ther are many wide countries in
Ireland, in which the lawes of England were never
established, nor any acknowledgement of subjection made:
and also even in those which are subdued and seme to
acknowledg subjection, yet the same Brehon law is privily
practised amongest them selves, by reason that dwelling as
they do, whole nations and septs of the Irish together,
without any Englishman amongest them, they may do what
they list, and compound or altogether conceale amongest
them selves ther owne crimes, of which no notice can be
had by them which would and might amend the same, by
the rule of the lawes of England.
Eudox: What is
this which you say? and is ther any
part of that realme, or any nacon therin, which have not yet
been subdued to the crowne of England? Did not the whole
realme universally accept and acknowledg our late Prince
of famous memory, Henry the eight, ther ownely King and
liege Lord?
Iren: Yes, verily:
in a parliament held in the time of
Sir Anthony Saint-Leger, then Lord Deputy, all the Irish
Lords and principall men came in, and being by faire
means wrought thereunto, acknowledged King Henry for
their Soveraigne Lord, reserving yet, as some say, unto
them selves, all ther owne former privileges and signories
inviolate.
Eudox: Then by
that acceptance of his soveraignety
they also accepted of his lawes: why then should any other
laws be now used amongest them?
Iren: Trew it is
that therby they bound them selves
to his lawes and obedience, and in case it had been
followed against them, as it should have bin, and a
goverment therupon presently settled amongest them
agreeable therunto, they should have bin reduced to
perpetuall civillity and contayned in continuall duty: but
what boots it to breake a colt, and to let him streight run
lose at randome? so were this people at first well handled,
and wisely brought to acknowledg allegiance to the King of
England: but being straight left unto them selves, and ther
owne inordinate life and manners, they eftsones forgot
what before they were taught, and so sone as they were out
of sight by them selves, shooke of their bridles, and began
to colt anew, more licensiously than before.
Eudox: It is great
pitty, that so good an opportunity
was omitted, and so happy an occasion foreslacked, that
might have bred the eternall good of that land: but do they
not still acknowledg that submission?
Iren: No, they do
not; for now the heirs and posterity
of them which yeilded, the same are, as they say, either
ignorant therof, or do willingly deny, or steadfastly disavow
it.
Eudox: How can
they so do justly? doth not the act
of the parent, in any lawfull grant or conveyance, bind his
heires forever therunto? Sith then the ancestors of thes that
now live yeilded them selves their subjects and liege men,
shall it not ty ther children to the same subjection?
Iren: They say no:
for ther ancestours had had no
estate in any ther lands, Seigniories, or hereditaments,
longer than during ther owne lives, as they allege: for all the
Irish do hould ther lands by Tanistrie, which is to say, no
more but a personall estate for his lifetime, that is Tanist.
By reason that he is admitted therunto by election of the
country.
Eudox: What is
this you call Tanist and Tanistrie?
they be names and tearmes never heard of or knowne to
us.
Iren: It is a
custome amongest all the Irish, that
presently after the death of any their chiefe Lords or
Captaines, they do presently assemble them selves to a
place, generally appoynted and knowne unto them, to
chose an other in his stead: where they do nominate and
elect, for the most part, not the eldest sonne, nor any of the
children of ther Lord deceased, but the next to him of
blood, that is, the eldest and worthiest, as commonly the
next brother unto him, if he have any, or the next couzine
germane, or so forth, as any is elder in that kindred or sept:
and then next to him do those chose the next of the blood
to be Tanist, who shall next succeede him in the said
Captenry, if he live therunto.
Eudox: Do they use
any ceremony in this election?
for all barberous nacons are commonly great observers of
cerimonies and superstitious rights.
Iren: They use to
place him that shall be their
Captaine, upon a stone alwayes reserved for that purpose,
and placed commonly upon a hill: in many of the which I
have seen the fote of a man formed and graven, which they
say was the measure of ther first Captaines foot, wheron he
standing receiveth an oath to preserve all the former
auncient customes of the country inviolable, and to deliver
up the succession peaceably to his Tanist, and then has a
wand delivered unto him by some, whose proper office that
is: after which, discending from the stone, he turns him
selfe round, thrice forwarde and thrice backward.
Eudox: But how is
the Tanist chosen?
Iren: They say he
setteth but one fote upon the
stone, and receiveth the like oath the Captaine did.
Eudox: Have you
ever heard what was the occasion
and first beginning of this custome? for it is good to know
the same, and may perhaps discover some secret meaning
and intent therein, very materiall to the state of that
government.
Iren: I have heard
that the beginning and cause of
this ordinance amongest the Irish, was specially for the
defence and maintenance of ther land in ther posterity,
and for excluding all innovacon or alienation therof unto
strangers and especially to the English: For when ther
Captaine dieth, if the Seigniory should discend unto his
child, and he perhaps an infant, an other might perhaps
step in betwene and thrust him out by strong hand, being
then vnable to defend his right, or to withstand the force of
a forayner: and therfore they do appoynt the eldest of the
kin to have the seigniory, for that he commonly is a man of
stronger yeares, and better experience to maintain the
inheritance, and to defend the country, either against the
next bordering Lords, which use commonly to incroch one
upon another as each one is stronger, or against the
English, which they thinck ly still in wayte to wipe them out
of ther lands and territories. And to this end the Tanist is
always ready knowne, if it should happen the Captaine
suddenly to dy or be slayne in batayle, or to be out of the
country, to defend and kepe it from all such doubts and
dangers. [F]or which cause the Tanist hath also a share of
the country allotted unto him, and certaine cuttings and
spendings upon all the inhabitants under the Lord.
Eudox: When I
heare this word Tanist it bringeth to
my remembrance what I have read of Tania, that it should
signify a province or Seignory [as] Aquitania, Lusitania, and
Britania, the which some do thinck to be derived of Dania,
that is, from the Danes: but, I thinck, amisse, for sure it
semeth that it came anciently from those barberous
nacons that overrane the world, which possessed those
dominions, whereof they are now so called. And so it may
well be that from thence the first originall of this word
Tanist and Tanistry came, and the custome therof has
since, as many others, else bin continued: but to that
generall subjection of the land, wherof we formerly spake,
me semes that this custome or tenure can be no bar nor
impeachment, seing that in open parlyament by ther said
acknowledgement they waived the benefit therof, and
submitted them selves to the ordinance of ther new
soveraigne.
Iren: Yea but they
say, as I earst tould you, that they
reserved ther titles, tenures, and seigniories whole and
sound to them selves, and for proofe alleged that they have
ever since remayned to them untouched, so as now to alter
them they say shoul'd be a great wrong.
Eudox: What remedy
is ther then, or means to
avoyde this inconvenience, for, without first cutting out this
dangerous custom, it semeth hard to plant any sound
ordinance, or reduce them to a civill government, since all
ther evill customes are permitted unto them.
Iren: Surely
nothing hard; for by this act of
parlament wherof we speake, nothing was given to King
Henry, which he had not before from his auncestors, but
onelie the bare name of a King: [f]or all other absolute
power of principallity he had in him selfe before derived
from many former Kings, his famous progenitours and
worthy conquerors of that land, the which since they first
conquered and by force subdued vnto them, what neede
he afterward to enter into any such idle tearmes with them
to be called ther King, when as it is in the power of the
Conqueror to take upon him self what title he will over his
dominions conquered: for all is the conqueror's, as Tully to
Brutus saith: and therfore me semes in stead of so great
and meritorious a service, as they boast they performed to
the King, in bringing all the Irish to acknowledge him for
ther liege, they did great hurt to his title, and have left a
perpetuall gall in the mind of that people, who before being
absolutely bound to his obedience, are now tyed but with
tearmes whereas both ther lives, ther lands, and their
liberties were in his fre power to appoynt, what tenures,
what lawes, what condicions he would over them, which
were all his: against which ther could be no rightful
[re]sistance, or if there were, he might, when he would,
establish them with a stronger hand.
Eudox: Yea, but
perhaps it semed better vnto that
noble King to bring them by ther owne accord to his
obedience, and to plant a peaceable goverment amongest
them, then by such violent means to pluck them under.
Neither yet hath he therby lost any thing that he formerly
had: for having al before absolutely in his owne power, it
remayneth so still, he having neither forgiven nor foregon
anything therby unto them, but having received something
from them, that is a more voluntary and loyall subjection.
So as her Majestie may yet, when it shall please her, alter
any of thos former ordinances or appoynt other lawes, that
may be more both for her own behoofe, and for the good of
that poeple.
Iren: Not so, for
it is not so easy, now that things are
growne into an habit and have ther certaine course, to
change the channell, and turn ther streames an other way;
for they may have now a collourable pretence to withstand
such innovasion, having accepted of other lawes and rules
alredy.
Eudox: But you say
they do not accept of them, but
delight rather to leane to the ould customes and Brehon
lawes, though they be much more vnjust, and also more
inconvenient for the common poeple, as by your late
relacion of them I gathered. As for the lawes of England,
they are surely most just and most agreeable both with the
goverment and with the nature of the poeple: how falls it
out then, that you seme to dislike of them, as not so meete
for that realm of Ireland, and not onely the common law,
but also the statutes and acts of parlament, which were
specially provided and intended for the onely benefit
therof?
Iren: I was about
to have tould you my reason
therin, but that you your self drew me away with other
questions, for I was shewing you by what means, and in
what sort, the positive lawes were first brought in and
established by the Norman Conqueror: which were not by
him devised, nor applyed to the state of the realme then
being, nor as it might best be, (as should by lawgivers be
principally regarded,) but were indede the very lawes of his
owne country of Normandy: the condicon wherof, how far it
differeth from this of England, is apparent to everie least
judgment. But to transfer the same lawes for the governing
of the realme of Ireland, was much more inconvenient and
unmete: for he found a better advantage of the time, then
was in the planting of them in Ireland, and followed the
execution of them with more severity, and was also present
in person to overloke the magistrates, and to over awe the
subjects with the terror of his sword, and countenance of
his Majestie. But not so in Ireland: for they were otherwise
effected, and yet not so remayned, so as the same lawes,
me semes, can ill fit with their disposicion, or work that
reformacon that is wished: for lawes ought to be fashioned
unto the manners and condicons of the people to whom
they are ment, and not to be imposed upon them
according to the simple rule of right: for then, as I sayd, in
stead of good they may work ill, and pervert justice to
extreame injustice: [f]or he that would transfer the lawes of
the Lacedemonians to the poeple of Athens should find a
great absurdity and inconvenience: for those lawes of
Lacedemon were devised by Licurgus, as most proper and
best agreeing with that people, whom he knew to be
inclined altogether to warrs, and therfore wholy trayned
them up even from ther cradles in armes and military
exercises, clean contrary to the institution of Solon, who, in
his lawes to the Athenians labored by all means to temper
ther warlike courages with swete delights of learning and
sciences, so that as much as the one excelled in arms, the
other exceded in knowledg: the like regard and moderation
ought to be had in tempering and managing of this
stubburn nation of the Irish, to bring them from their
delight of licensious barbarisme unto the love of goodnesse
and civillity.
Eudox: I cannot se
how that may better be then by
the discipline of the lawes of England: for the English were,
at first, as stout and war like a poeple as ever were the Irish,
and yet ye se are now brought to that civillity, that no nacon
in the world excelleth them in all godly conversacon, and
all the studies of knowledg and humanity.
Iren: What they
now be, both you and I se very well;
but by how many thorny and hard wayes they are come
therunto, by how many civill broyls, by how many
tumultuous rebellions, that even hazard[ed] often times the
whole safety of the kingdome, may easily be considered: all
which they neverthelesse fairely overcame, by reason of
the continewal presence of the King, whos onely person is
oftentimes in stead of an army, to contayne the unruly
poeple from a thousand evill occasions, which that
wretched kingdome, is for want therof daily carried into.
The which when they so make head, no lawes, no penalties
can restraine, but that they do in the violence of that fury,
tread doune and trample under foote all both divine and
humane things, and the lawes themselves they do specially
rage at, and rend in peces, as most repugnant to ther
liberty and naturall fredome, which in ther madnesse they
effect.
Eudox: It is then
a very unseasonable time to plead
law, when swords are in the hands of the vulgare, or to
thinck to retaine them with feare of punishments when
they loke after liberty and shake of all goverment.
Iren: Then so it
is with Ireland continually, for the
sword was never yet out of ther hand, but when they are
weary with warrs, and brought doune to extreame
wretchednesse; then they creepe a litle perhaps, and sewe
for grace, till they have gotten new breath and recovered
strength againe: so it is in vaine to speake of planting of
lawes and plotting of pollicies till they be altogether
subdued.
Eudox: Were they
not so at the first conquering of
them by Strangbowe, in the time of King Henry the
second? Was there not a thorowe way then made by the
sword, for the imposing of the lawes upon them? and were
they not then executed with such mighty hand as you sayd
was used by the Norman Conqueror? What odds is there
then in this case? why should not the same lawes take as
good effect in that poeple, as they did here, being in like
sort prepared by the sword, and brought under by
extremity? and why should it not continew in as good force
and vigor for the contayning of the poeple?
Iren: The case yet
is not like; but ther apperes great
odds betwene them; for by the conquest of Henry the
second, trew it is that the Irish were utterly vanquished and
subdued, so as no enemy was able to hold up his head
against his powre: in which there weaknesse he brought in
his lawes, and settled them as now they ther remaine, like
as William the Conqueror did: so as in thus much they
agre, but in the rest, that is, the chiefest, they varie: ffor to
whom did King Henry the second impose thos lawes, not to
the Irish, for the most part of them fled from his power into
deserts and mountaynees, leaving the wide country to the
conqueror, who in ther stead eftsones placed English men,
who possessed all the land and did quite shut out the Irish,
or the most part of them: and to those new inhabitants and
Colonies he gave his lawes, to wete, the same lawes under
which they were born and bred, the which it was not
difficulte to place amongst them, being formerly well
entred therunto; unto whom afterward ther repaired divers
of the pore distressed poeple of the Irish for succor and
reliefe: of whom, such as they thought fit for labor, and
industriouslie disposed, as the most part of theire baser
sort are, they received unto them as theire vassalls, but
scarcelie vouchsafed to impart unto them the benefite of
those lawes, under which them selves lived, but everie one
made his will a commandment and a lawe unto his owne
vassall. Thus was not the lawe of England ever properlie
applied unto the Irish nacon, as by a purposte plott of
goverment, but as they could insynuate and steale them
selves under the same by theire humble carriage and
submission.
Eudox: How comes
it then to passe, that havinge
ben once so lowe brought, and thoroughlie subjected they
afterwards lifted them selves so stronglie agayne, and
sithence doe stand stifflie against all rule and
goverment?
Iren: They saie
that they contynued in that
lowlynesse untill the time that the division betwene the
houses of Lancaster and York arose for the Crowne of
England: At which tyme all the greate English lords and
gentlemen which had great possessions in Ireland,
repaired over hither into England, to succor their ffriends
here and to strengthen theire partie for to obtene the
Crowne: others to defend there landes and possessions
against suche as hovered after the same uppon hope of the
alteracon of the kingdome, and successe of that side which
they had favored and effected. Then the Irishe whom they
before had banished into the mountaynes, where they lived
only uppon white meates, as it is recorded: seeinge now
there so dispeopled land weakened, came downe into all
the playnes adjoyninge, and thence expellinge those fewe
Englishe that remayned, repossesste them agayne; since
whych tyme they have remayned in them, and growinge
greater, have brought under them many of the Englishe
which were before theire lords. This is one of the occasions
by which all those countries which, lyinge nere unto any
mountaynes or Irishe deserts, which had bin planted with
Englishe, were shortlie displanted and lost. As namelie in
Mounster, all the landes adjoyning unto Slowlougher, Arlo,
and the bogg of Allon. In Connaght, all the Countries
borderinge uppon the Culvers; Montroo, and ORourkes
countrie. In Leinster all the landes neighboring unto the
mountaynes of Glanmulls, unto Shellelagh, unto the
Briskbagh, and Poulmont. In Ulster, all the countries near
unto Tirconnell, Tyronne, and Hertellagh, and the
Scottes.
Eudox: Surelie
this was a great violence: but yett by
your speche it semeth that onlie the Countrie and vallies
near adjoyninge unto those mountaynes and desertes,
were thus recovered by the Irishe: but how comes it now
that wee see almost all that Realme repossessed of them?
Was there any more such evil occasons growinge by the
troubles of England? Or did the Irishe, out of thes places so
by them gotten, breake further and stretche them selves
out thorough the whole land? But nowe for ought that I can
understand, there is no part but the bare English pale, in
which the Irishe have not the greatest footinge.
Iren: Bothe out of
theis smale begynnynges by them
gotten near to the mountaynes, did they spreade them
selves into the Inland Countrie; and also, to theire further
advantage, there did other like unhappie accidentes
happen out of England, which gave harte and good
opportunitye to them to regain theire old possessions. Ffor
in the reigne of Kinge Edward the fourth, things remained
yet in the same state that they were after the late breakinge
out of the Irishe, which I spake of: And that noble Prince
began to cast an eye unto Ireland, and to mynde the
reformacon of thinges there rune amisse: for he sent over
his brother the worthie Duke of Clarence, who having
married the heire of Larie, and by her havinge all the
Erledom of Ulster, and moche in Meathe and in Mounster,
verie carefullie went about in the redressinge of those late
evills: and though he could not beate out the Irishe agayne,
by reason of his shorte contynuance, yet he did shutt them
upp within those narrowe corners and glennes under the
mountayne foot in which they lurked, and soe kept them
from breaking any further, by buildinge strang holdes
uppon everie border, and fortifyinge all passages:
Amongest the which he built the castle of Clare in
Thurmond: of which Countrie he had the inheritance, and
of Mortymers landes adjoining, which is nowe by the Irishe
called Killalowe. But the tymes of that good Kinge
growinge troublesome, did lett the thorough reformacon of
all things. And thereunto soone after was added another
fatall mischiefe, which wrought a greater calamitie then all
the former. For the said Duke of Clarence, then Lord
Lieftenant of Ireland, was by practize of evill persons about
the Kinge his brother, called thence awaye, and soone after
by synister meanes was cleane made awaye. Presentlie
after whose deathe all the North revoltinge, did sett up
Oneale for theire Capten, beinge before that of smale
power and regard: and there arose in that parte of
Thomond, one of the O-Bryens, called Murrogh en ranagh,
that is, Morrys of the ffarme, or waste wylde places: who,
gatheringe unto him all the relickes of the discontented
Irishe, eftsones surprised the said Castle of Clare, burnt
and spoyled all the English there dwelling, and in short
space possessed all the country beyond the river of Shenan
and near adjoyning. Whence shortlie breakinge forth like a
sudden tempest, he overran all Mounster and
Connnaught, breakinge downe all the holdes and
fortresses of the Englishe, defacinge and utterlie
subvertinge all corporate Townes that were not stronglie
walled: for those he had no meanes nor engynes to
overthrowe; neither indede would he stay at all about them,
but speedilie ran forwarde, counting his suddennes his
most vantage, that he might overtake the Englishe before
they could fortefie or gather them selves together. So in
short time he cleane wyped out many greate townes, as first
in Chegin, then Killalowe, before called Clarryfort;
afterward Tharles, Mourne, Buttevant, and many others,
viz.
[blank line]
whose names I
can not remember, and of some of which there is now no
memorie nor signe remayning. Upon report whereof there
flocked unto him all the scume of the Irishe out of all
places, that ere longe he had a mightie army, and thence
marched forth into Lynster, where he wrought greate
outrages, wastinge and spoylinge all the Countrie where he
went: For it was his pollicie to leave no holde behinde him,
but to make all playne and waste. In the which he sone
after created himselfe Kinge, and was called Kinge of all
Ireland; which before him I doe not read that any did so
generallie, but onelie Edwarde lee Bruce.
Eudox: What, was
there ever any generall Kinge of
all Ireland? I never heard it before, but that it was alwaies
,whilest it was under the Yrishe, divided into fower, and
sometimes into five kingdomes or dominions. But this
Edward lee Bruce, what was he, that he could make him
selfe Kinge of all Ireland?
Iren: I would tell
you, that in case you would not
challendge me for forgetting the matter which I had in
hand, that is, the inconvenience and unfitnes which I
supposed to be in the lawes of the land.
Eudox: No surely I
have no cause, for neither is this
impertynent thereunto; for sithence you did sett your corse,
as I remember, in your first part, to treat of the evills which
hindereth the peace and good orderinge of that land,
amongest which that of the inconvenience of the lawes was
the first which you had in hand, this discourse of the
overrunninge and wastinge of the realme is very materiall
there unto, for that it was the begynnyng of other evills,
which sithence have afflicted that land, and opened a way
unto the Irish to recover theire possession, and to beate out
the Englishe which had formerlie wonne the same. And
besides, it will give greate light both unto the seconde and
third parte, which is the redressinge of those evills, and
plantinge of some good forme or pollicie therin, by
renewinge the remembrance of those occasions and
accidentes, by which those ruynes hapned, and layinge
before us the ensamples of those tymes, to be compared
with ours and to be rewarded by those which shall have to
doe in the like. Therefore I praye yow, tell them unto us,
and as for the point where you lefte, I will not forgett
afterwardes to call you backe agayne thereunto.
Iren: This Edward
le Bruce, was the brother of King
Roberte lee Bruce, who was Kinge of Scotland att such
tyme as King Edwarde the second reigned here in England,
and bare a most malicious and spitefull mynde against
King Edwarde, doinge him all the scathe he could, and
annoyinge his territories of England, whilest he was
troubled with civill warres of his Barons att home. He also,
to worke him the more mischiefe, sent over his said brother
Edwarde, with a power of Scottes and Red-shankes into
Ireland, where, by meanes of the Lacies and of the Irishe
with whom they combyned, they got footinge, and
gatheringe unto him all the scatterlyn[g]s and outlawes out
of all the woodes and mountaynes, in which they longe had
lurked, marched forth into the English pale, which then was
chieflie in the North, from the point of Dunluce, and
beyond unto Dublyn: havinge in the midst of her
Knockfergus, Belfast, Armagh; Carlingforde, which are
nowe the most out-boundes and abandoned places in the
Englishe pale, and some no parte thereof at all: ffor it
stretcheth nowe no further than Dundalke towardes the
North. There the said Edward lee Bruce spoyled and burnt
all the old English pale, puttinge to the sworde all the
Englishe inhabitantes, and sacked and raced all Cytties
and corporate Townes, no lesse then Murro en Ranagh, of
whom I earst tolde you: ffor hee wasted Belfast, Greene
castell, Kiells, Beltalbott, Castletowne, Newtowne, and
many other verie good townes and stronge holdes he
rooted out the noble ffamilies of the Audleys, the Talbottes,
the Tutchites, the Chamberlaynes, the Mandevilles, and
the Salvages, though of the Lord Salvage there remayne yet
an heire, that is now a verie poore gentleman dwellinge at
the Ardes. And cominge lastlie to Dundalke, he there
made him selfe Kinge and rained by the space of one
whole yere, by the name of Edwarde Kinge of Ireland, until
that King Edwarde of England, having sett some quiett in
his affaires at home, sent over the lord John Birmingham to
be Generall of the warres against him, who encountringe
him near to Dundalke, overthrew his armye and slewe him
selfe, and presentlie followed the victory so hotlie upon his
Scottes, that he suffred them not to staye, or gather them
selves togeather agayne, untill they came to the sea coast.
Notwythstandinge, all the waie as they fledd, for verie
rancor and despite, they utterlie wasted and consumed
whatsoever they had before left unspoiled; so that of all
townes and castells, fortes, and bridges and habitacons, he
left not any stick standing, nor any people remayning: for
those fewe, which yett survived, fled from his furye further
into the English pale that now is. Thus was all that godlie
Countrie utterlie wasted and left desolate. And as [it] yet
remayneth to this daie, which before had ben the chiefe
ornament and beautie of Ireland. ffor that parte of the
north sometyme was as populous and plentifull as any
parte in England, and yelded unto the kinges of England, as
yett appeareth by good recordes, thirty thousand markes of
olde money by the peece, beside many thowsand of able
men to serve them in their warres. Suer it is yett a most
bewtifull and sweete Country as any is under heaven,
seamed thoroughout with many godlie rivers, replenished
with all sortes of fishe most aboundantlie; sprinkled with
verie many sweete Ilandes and goodlie lakes, like litle
inland seas, that will carrie even shippes uppon theire
waters; adorned with goodlie woodes, fitt for buildinge of
houses and shipes, so commodiouslie, as that if some
princes in the world had them, they would soone hope to be
lordes of all the seas, and er longe of all the worlde; also full
of verie good portes and havens openinge upon England
[and] Scotland, as invitinge us to come unto them, to see
what excellent commodities that Countrie can afforde,
besides the soyle it selfe most fertile, fitt to yelde all kynde
of fruit that shalbe committed there unto. And lastlie the
heavens most milde and temperate, though somewhat
more moyste then the partes towardes the West.
Eudox: Truly
Irenius, what with the prayses of your
countrie, and what with the lamentable Dysolucon therof
made by those ragtailes in Scotland, you have fylled me
with a greate compassion of theire calamities, that I doe
moch pittie that sweet land, to be subject to so many evills,
as everie daie I see more and more throwen upon her, and
doe halfe begynne to thinke, that it is, as you said at the
begynninge, her fatall misfortune, above all countries that I
knowe, to be thus miserablie tossed and turmoiled with
theis variable stormes of afflictions: but synce wee are thus
far entred into the consideracon of her mishappes, tell me,
have there ben any more such tempestes, as you terme
them, wherein she has thus wretchedlie ben wracked?
Iren: Verie many
more, god wot, have there ben, in
which her principall partes have ben torn a sunder, but
none that I can remember, so universall as these. And yet
the rebellion of Thomas ffitzGarrett did well nighe stretche
it self into all partes of Ireland. But that, which was in the
tyme of the Lord Gray, was surelie no lesse generall then all
theis; for there was no part free from the contagion, but all
conspired in one to cast off theire subjeccon to the Crowne
of England. Nevertheles, thorough the most wise and
valiant handlinge of that right noble Lord, yt got not that
head which the former evills found; for in them the Realme
was left, like a shipp in a storme amiddest all the raginge
surges, unruled and undirected of any: ffor they to whom
she was committed either fainted in theire labor, or
forsooke theire charge. But he, like a most wise pilott, kept
her corse carefullie, and helde her most stronglie against
those roaringe billowes, that he brought her safelie out of
all: so as longe after, even by the space of xij or xiij yeres,
she rode at peace, thorough his onlie paynes and excellent
endurance, how ever envye list to blatter against him. But
of this wee shall have more occacon to speake at an other
tyme: now (if it please you) lett us return agayne unto our
first corse.
Eudox: Trulie I am
verie glad to heare your
judgement of the governement of that honourable man so
soundlie; for I have heard it oftentymes maligned, and his
doinges depraved of some, who, I perceyve, did rather of
malicious mind, or private greevance, seeke to detract
from the honor of his deedes and counsells, then of any just
cause: but he was nevertheles, in the judgement of all good
and wise men, defended and maynteyned. And nowe that
he is dead, his immortall fame survives, and flourisheth in
the mouthes of all the people, that even those which did
backbite him, are choked with theire owne venom, and
breake theire galls to heare his so honorable report: But
lett him rest in peace, and turne wee to oure more
troublous matters of Discourse, of which I am right sorie
that you make so short an end, and covet to passe over to
your former purpose; for there be many partes of Ireland,
which I have hearde have ben no lesse vexed with the like
stormes, then theis of which you have treated. As the
Countie of the Byrnes and Tooles near Dublyn, with the
insolent outrages and spoyles of ffeagh mac Hugh, the
countries of Carlo, Wexforde, and Waterforde, of the
Cavenaghes: The countries of Leix, Kilkennye, and Kildare,
of the Moores, the countries of Offalie, Meath and
Langford, of the Conhours. The countries of Westmeath,
Cavan, and Louth, of the O Relyes, the Kellies, and many
others. So as the discoursing of them, besides the pleasure
which should redound out of your historie, be also verie
proffitable for matter of pollicie.
Iren: All these
which you have named, and many
more besides, often tymes have I right well knowne, to
kyndle greately fyres of tumultuous troubles in the
counties bordering uppon them. All which to rehearse
should rather be to Chronicle tymes, then to searche into
the reformacon of abuses in that Realme: and yet verie
needfull it wilbe to consider them, and the evills which they
have stirred upp, that some redresse thereof, and
prevencon of the evills to come, may thereby rather be
devysed. But I suppose wee shall have a fitter opportunity
for the same, when wee shall speak of the particler abuses
and enormities of the government, which wilbe next after
these general defectes and inconveniences, which I said
were in the lawes, customes, and religion.
Eudox: Goe to
them, in gods name, and followe the
course which yee have purposed to your selfe, for yt fitteth
best I must confesse with the purpose of our discorse.
Declare your opynion, as you begon, about the lawes of the
Realme, what incommoditie you have conceived to be in
them, chiefly in the common lawe, which I would have
thought most free from all such dislike.
Iren: The comon
law is, as I before said, of it selfe
most rightfull and verie convenient, I suppose, for the
kingdom for which it was first devized; for this, I thinke, as
yt seemes reasonable, that out of the manners of the
people, and abuses of the countrie, for which they were
invented, they tooke theire first begynninge, for else they
should be most unjust: for no lawes of man, accordinge to
the straight rule of right, are just, but as in regard of the
evills which they prevent, and the safetie of the common
weale which they provide for. As for example, in the true
ballancinge of Justice, it is a flatt wrong to punishe the
thought or purpose of any, before it be enacted: for true
justice punisheth nothing but the evill acte or wycked
worde, yet by the lawes of all kingdomes it is a capitall
cryme, to devise or purpose the death of the King: the
reason is, for that when such a purpose is effected, it should
be too late to devise of the punishment therof, and should
turne that common-weale to more hurt by suche losse of
theire Prince, then suche punishment of the malefactors.
And therefore the lawe in that case punishes his thought:
for better is a mischief, then an inconvenience. So that jus
polliticum, though it be not of it selfe just, yet
by
applicacon, or rather necessitie, it is made just; and this
only respect maketh all lawe just. Nowe then, if these lawes
of Ireland be not likewise applied and fitted for that
Realme, they are sure verie inconvenient.
Eudox: You reason
stronglie; but what unfitness doe
you fynde in them for that Realme? shewe us some
particulers.
Iren: The common
lawe appointeth that all trialls,
aswel of crymes as titles and ryghtes, shall be made by
verdict of Jurye, chosen out of the honestist and most
substancal free-holders: Nowe all the ffree-holders of that
Realme are Irishe, which when the cause shall fall betwene
an Irishe man and an Englyshe, or betwene the Quene and
any ffreeholder of that countrye, they make no more
scruple to passe against the Englisheman or the Quene,
though it bee to strain theire oaths, then to drinke milke
unstrayned. So that before the jury goe togeather, it is all to
nothing what theire verdict will be. The tryall thereof have I
so often sene, that I dare confidentlie avouche the abuse
thereof: Yet is the lawe of it selfe, as I said, good; and the
first institucon thereof being given to all Englishemen verie
rightfull, but nowe that the Yrishe have stepped in to the
rowmes of the Englishe, who are nowe become so hedefull
and provident to keepe them forth from thensforth, that
they make no scruple of conscience to passe against them,
it is good reason that either that corse of the Lawe for trialls
be altered, or that other provision for juries be made.
Eudox: In soothe,
Iren: you have discovered a point
worth the consideracon. For hereby not onelie the Englishe
subject fyndeth no indifferencie in decidinge of his cause,
be it never so just; but also the Quene, aswell in all pleas of
the crowne, as also for all inquiries of escheate: lands
attainted, wardshipps, concealements, and all suche like, is
abused, and exceedinglie endamaged.
Iren: You saie
verie true; For I dare undertake, that
at this daie there are more attainted landes, concealed
from her Majestie, then she hath possessions in all Ireland:
and that is no smale Inconvenience: for, besides that she
looseth so moche land as should turne ther to her greate
proffitt, she besides looseth so many good subjectes, which
might be assured to her, as those landes would yelde
inhabitantes and living unto.
Eudox: But does
that people, saie you, make no
moer conscience to perjuer them selfes in there verdicts,
and to dampne there sowles?
Iren: Not onelie
so in there verdictes, but also in all
other there dealings, speciallie with the Englishe, they are
most willfullie bent: for though they will not seme
manifestlye to doe it, yet will some one or other subtile
headed fellowe amongest them pick some quirke, or
devyse some subtile evasion, whereof the rest will lightlie
take hold of, and suffer them selves easilie to be ledd by
him to that them selves desired: ffor in the most apparant
matter that can be, the least question or dowbt that can be
moved, will make stop unto them, and put them quite out
of the way. Besides that, of them selves, they are for the
most parte, so cautelous and wylie headed, especiallie
being men of so smale experience and practize in lawe
matters, that you would wonder whence they borrowe
suche subtilties and slye shiftes.
Eudox: But mee
thinke, this inconvenience might
be moche helped in the judges and chief majestrates
which have the choosinge and nominatinge of those Jurors,
yf they would have care to appoint either most Englishmen,
or suche Yrishemen as were of the sowndest disposition: for
wee dowbt not but some there bee incorruptible.
Iren: Some there
be in dede as you saie; but then
woulde the Irishe partie cry out of partialitie, and
complayne he hath notJustice, he is not used as a subject,
he is not suffered to have the free benefitt of the lawe: And
theis outcryes the majestrates there doe moch shune, as
they have cause, since they are so reddelie harkened unto
here; neither can it be indede, although the Irishe partie
would be content to be so compassed, that such englishe
freeholders, which are but fewe, and such faithful
yrishmen, which are in dede as few, shall alwaies be chosen
for trialls: ffor beinge so fewe, they shoulde sone be made
wearie of theire freeholdes. And therefore a good care is to
be had by all occasions to encrease theire nomber, and to
plant more by them. But were it so that the Juries could bee
picked out of suche choise men as you desire, there would
nevertheles be as bad a corrupcon in the triall: ffor the
evidence beinge brought in by the base Irishe people, will
be as deceiptfull as the verdictes: for they care muche lesse
then the others what they sweare, and sure theire lordes
may compell them to saie any thing: ffor my self have
heard when one of that base sort, which they call charles,
being challenged, and reprooved for his false oathe, have
answered confidentlie, that his lord commaunded him, and
that it was the least thing he could doe for his lord, to
sweare for him: so inconscionable are theis common
people, and so litle feeling have they of god, or theire owne
sowles good.
Eudox: It is a
most miserable case: but what helpe
can there be in this? ffor though the manner of the triall
shoulde be altered, yet the proofe of every thinge must
nedes be by the testimonies of such persons as the parties
shall produce: which if they shall corrupt, however can
there any light of truthe appeare? what remedy is there for
this evill, but to make heavie lawes and penalties against
jurors?
Iren: I thinke
sure that will do smale good: ffor when
a people are inclyned to any vice, or have no towche of
conscience, nor sence of theire evill doinge, yt is booteles to
thinke to restrayne them by any penalties or feare of
punishment; but either the occacon is to be taken awaie, or
a more understandinge of the right, or shame of the fault is
to be imprinted. For if Lycurgus should have made it
deathe for the Lacedemonians to steale, they beinge a
people which naturallie delighted in stealth, or if it shoulde
be made a capitall cryme for the Fflemminges to be taken
in drunkennes, there should have been fewe
Lacedemonians soone left, and fewer Fflemminges: so
unpossible it is to remove any fault so generall in a people,
with terror of lawes or more sharpe restraintes.
Eudox: What meanes
may there be then to avoide
this inconvenience? for the cause sure semes verie
harde.
Iren: Wee are not
yet come to that point to devyse
remedies for the evills, but onlie have nowe to recompt
them; of the which this that I have tolde you is one defect in
the common Lawe.
Eudox: Tell us
then, I praie you further, have you
any more of this sorte in the common Lawe?
Iren: By rehersall
of this, I remember also of an
other like, which I have often observed in trialls to have
wrought greate hurt and hinderance, and that is, the
excepcons which the commonLawe alloweth a fellon in his
triall:. ffor he may have, as you knowe, xxxvj excepcons
peremptorye against the Jurors, of which he shall shewe no
cause, and as many as he will of suche, as he can shew
cause. By which shifte there beinge, as I have shewed you
suche smale store of honest Jurie men, he will either put of
his trial, or drive it to such men as perhapps are not of the
sowndest sorte, by whose meanes, yf he can acquite him
self of the cryme, as he is likelie, then will he plage suche as
were brought first to be of his jury,and all suche as made
any partie against him, and when he comes forth, will make
theire cowes and garrons to walke, yf he doe not other
mischief to theire persons.
Eudox: This is a
slye device, but I thinke might sone
be remedied: but wee must leave it a while with the rest: in
the meane tyme doe you goe forward with others.
Iren: There is
another no lesse inconvenient then
this, which is for the triall of accessaries to felony: ffor, by
the common Lawe, the accessarie can not be proceeded
against till the principall have receyved his triall. Nowe the
case often falleth in Ireland that a stealth beinge made by
a rebell, or an outlawe, the stolen goodes are conveyed to
some husbandman or gente, which hath well to take to, and
yet liveth most by the receipt of suche stealthes, where they
are found by the owner, and handled: whereuppon the
party perhapps is apprehended and committed to gaole, or
putt uppon suerties, till the Sessions, at which the owner,
preferring a bill of Indictment, proveth sufficiently the
stealth to have been committed vppon him by suche an
outlawe, and to have ben found in the possession of the
prisoner, against whom, nevertheles, no [course] of Lawe
can proceede, nor triall can be had, for that the principall
thiefe is not to be gotten, notwithstandinge that he likewise,
standeth perhapps indicted at once with the receyver,
beinge in rebellion or in the woodes, where peradventure
he is slayne before he is taken, and so the receivor cleane
acquited and discharged of the cryme. By which means the
thieves are greatlie encouraged to steale, and theire
mainteyners imboldned to receive theire stealthes,
knowing howe hardlie they can be brought to any triall of
lawe.
Eudox: Trulie this
is a greate inconvenience, and
a great cause, as you saie, of the maintenance of theeves,
knowinge theire receivors alwaies readie; ffor, would there
be no receivors, there would be no theeves. But this, me
semes might easelie be provided for by some act of
Parliament, that the receivor being convicted by good
proofes, might receive his triall without the Principall.
Iren: You saie
very true, Eudox: but that is
almost impossible to be compassed. And herein also you
discover another imperfeccon in the course of the common
Lawe, and first ordynance of the Realme; for you knowe
that the said Parliament must consist of the peeres,
gentlemen, freeholders, and burgesses of that Realme it
self. Nowe theis beinge perhappes them selves, or the most
parte of them (as maye seeme by theire stif withstandinge
of this act) culpable of this cryme, or favorers of theire
friendes, which are suche by whom theire kitchens are
sometymes amended, will not suffer any suche statute to
passe. Yet hathe it oftentymes ben attempted, and in the
tyme of Sir John Perott verye earnestlie, I remember,
labored, but by no meanes could be effected: And not
onelie this, but many other like, which are as nedeful for
the reformacon of that Realme.
Eudox: This also
is surelie a great defect; but
wee maye not talke, you saie, of the redressing of this,
untyll our seconde parte come, which is purposelye
appointed thereunto. Therefore procede to the
recountinge of moe suche evilles, yf at leaste you have any
more.
Iren: There also
is a greate inconvenience,
which has wrought greate dammadge to her Majestie, and
to that Common wealth, through close and collorable
conveyances of the landes and goodes of Traytors, fellons,
and fugitives: as, when one of them mindeth to goe into
rebellyon: he will convey away all his landes and Lordships
to foeffes in trust, wherby he reserveth to himselfe but a
state for term of lief which beinge determined either by the
sword or by the haulter, theire Lande streighte commeth to
the heire, and the queene is defrauded of the intent of the
Lawe, which layed that grivyous punishment upon Traytors
to forfeite all theire landes to the Prince, to the ende that
men might be the rather terrefied from commyttinge
treasons: ffor many which would little esteeme theire owne
lyves, yet for remorse of theire wyves and children, shoulde
bee withheld from that hayneous cryme. This appeared
playnelie in the late Earle of Desmond: ffor before his
breakinge forth into open rebellyon he hade conveyed
secretelie all his landes to feoffes of trust, in hope to have
cutt of her Majestie from the escheate of his landes.
Eudox: Yea, but
that was well ynoughe avoyded;
ffor the acte of Parliament which gave all his landes to the
queene did, (as I have hearde,) cutt of and frustrate all
suche conveyaunces, as had any tyme, by the space of xii
yeres before his rebellyon, bene made: within the
Compasse whereof, that fraudulent feoffment, and many
other the like of his accomplisses and fellow-Traytors were
contayned.
Iren: Very true,
but how hardlie that acte of
Parliament was wrounge out of them, I cann wytnes: and
were yt to be compassed againe, I dare undertake it would
never be compassed. But were yt soe that such actes might
easilie be brought to passe against Traytors and fellons, yet
were yt not an endless trouble, that no Traytor nor fellon
should be attaynted, but a Parliament must be called for
bringinge his landes to the queene, which the Common
Lawe geveth her.
Eudox: Then this
is no faulte of the Common
Lawe, but of the persons which worke this fraude to her
Majestie.
Iren: Yes, mary,
for the Common Lawe hath left
them this benefitt, whereof they make advantage, and
wrest yt to theire bad purposes. Soe as they are thereby the
bolder to enter into evill accons, knowinge that yf the
worste befall them, they shall loose nothinge but
themselves: whereof they seme surely verye careles, as
Cæsar in his Commentaryes sayth, are very fearles of
death.
Eudox: But what
meane you of fugitives herein?
or how doth this concerne them?
Iren: Yes, very
greatly: for yee shall understand
that there be many ill disposed and undutyfull persons of
that Realme, like as in this pointe there are allso in the
Realme of England, too many, which beinge men of good
inheritance, are for the dislike of religion, or danger of the
law into which they are run, or discontent of the present
government, fled beyond the seas, where they lyve under
Princes that are her Majesties professed Enemies, and
converse and are confederate with other Traytors and
fugytives which are there abidinge. The which nevertheles
have the benefitt and profittes of their landes here, by
pretence of suche cullorable conveyances thereof,
formerlie made by them to theire pryvie frendes here in
trust, whoe secretly sende over unto them the saide
revenewes, wherwith they are there maintayned and
enabled against her Majestie.
Eudox: I doe not
thinke that there be any such
fugitives which are releived by the profitt of theire lands in
England: ffor there is a straighter order taken. And yf there
bee any such in Ireland, yt were good yt were likewise
looked unto: for this evil may easelie be remedied: but
proceede.
Iren: Yt is also
inconvenient in the Realme of
Ireland, that the wardes and marriadges of gentlemens
Children should be in the disposicon of any of these Irish
Lords, as nowe they are, by reason that theire landes are
helde by knightes service of those Lords, as now they are.
By which meanes yt cometh to passe, that those said
gentlemens children, beinge thus in the warde of those
Lords, are not only thereby brought up lewdlie and Irishe
like, but allso for ever after soe bounden to theire services,
as that they will runne with them into any disloyall accon.
Eudox: This
grievance, Irenæus, is allso
complayned of in Ingland; but how can yt bee remedied?
since the service must followe the tenure of the landes, and
the landes were geven awaye by the Kinges of England to
those Lords, when they first conquered that Realme: and to
say the truth, this allso would be some prejudice to the
Prince in her Wardship.
Iren: I doe not
mean this by the Princes warde,
but by suche as fall into the handes of the Irish Lordes: for I
could wishe and this I woulde enforce, that all those
wardships were in the Princes disposicon, for then yt might
be hooped that she, for the universall reformacon of that
realme, woulde take better order for the brininge up of
those wardships in good nourture, and not suffer them to
come into so bad handes. And thoughe these thinges be
alreadie passed awaye by her progenitors former graunts
unto those said Lords, yet I coulde find a way to remedie a
greate paret thereof, as hereafter, when fytt time serveth,
shall appeare. And since wee are entred into speache of
such grauntes of former princes to sondrie persons of that
Realme of Ireland, I will mencon unto you some other, of
like nature to this, and of like inconvenyence, by which the
Kinges of England passed unto them a greate parte of
theire prerogatyves, which though then yt were well
intended, and perhaps well deserved of them which
receaved the same, yet nowe such a gapp of mischiefe lieth
open thereby, that I could wish it weare stopped. Of this
sorte are the grauntes of the Countyes Palletynes in
Ireland, which though at first were graunted upon good
consideracon when they were first conquered, for that
those lands lay then as a very border to the wylde Irish,
subject to contynewall invasion, soe as yt was needeful to
geve them greate privileges to the defense of the
inhabitants therof; yet now that it is no more a border, nor
frontiered with enemies, why should such pryviledges be
any more contynewed?
Eudox: I would
gladlie knowe what you call a
county Pallentyne, and whence yt is so called.
Iren: It was as I
suppose first named Pallatyne of
a Pale, as yt were a pale and defence to their innere landes,
soe as now yt is called the English Pale, and therof allso is a
Palsgrave named, that is an Earle Palentyne. Others
thincke of the Latyne, Palare, that is, to foraige or outrune,
because that marchers and borderers use commonly soe to
doe. So as to have a County Pallentyne is in effecte but to
have a priviledge to spoile the Enemyes borders
adjoyninge. And surely soe yt is used at this day, as a
priviledged place of spoiles and stealthes; for the County of
Tipperarie, which is nowe the only County Pallentyne in
Ireland, is by abuse of some bad ones, made a receptacle
to rob the rest of the Countryes about yt. By meanes of
whose priviledges none will follow theire stealthes, soe as yt,
beinge scytuate in the very [lap] of all the land, is made
nowe a border, which how inconvenient yt is, let every man
judge. And though that right noble man, that is the lord of
that libertye, doe payne him selfe all that he may to yeilde
equall Justice unto all, yet cann there not but greate abuses
lurke in soe inward and absolute a priviledginge,
consideracon whereof is to be respected carefully, for the
next succession. And much like unto this graunte there are
also other priviledges graunted unto most of the
Corporacons there; that they shal not be bounde to any
other goverment then theire owne; that they shall not be
charged with any garrisons; that they shall not be travaelled
forth of theire owne franchises; that they may buye and sell
with theves and Rebells; that all amercements and fynes
which shalbe ymposed upon them shall come unto
themselves. All which, though att the tyme of theire first
grante they were tollerable, and perhapes reasonable, yet
nowe are most unresonable and inconvenyent. But all
these will easilie be cutt of with the superior power of her
Majestys prerogatyve, against which her owne grauntes are
not to be pleaded nor enforced.
Eudox: Nowe
truelie, Irenius, you have,
meseemes, very well handled this pointe touchinge
inconvenyences in the Common Lawe there, by you
observed, and yt seemeth that you have had a myndefull
regard unto the thinges that may concerne the good of that
Realme. And yf you cann aswell goe through with the
Statute Lawes of that lande, I will thincke you have not lost
all your tyme there. Therefore, I praye you, nowe take them
to you in hande and tell us what you thincke to be amisse in
them.
Iren: The Statutes
of that realme are not manie,
and therefore wee shall the sooner run through them. And
yet of those fewe there are sondrie impertinent and
unnecessarie: the which perhappes though at the tyme of
the making of them were very needful, yet nowe through
chainge of time are cleane antiquated, and altogether idle:
As that which forbiddeth any to weare theire beardes all on
theire upper lip, and none under the chynne, and that
which putteth away saffron shirts and smockes, and that
which restryneth the usinge of guylte bridles and
pettronells, and that which appointed to the recorders and
Clarkes of Dubline and Drodagh, to take but ijd. for the
Coppie of a playnt, and that which commandeth bowes and
arrowes, and that which maketh that all Irishmene that
shall converse amonge the Englishe shalbe taken for spies,
and soe punished, and that which forbiddeth persons
ameanable to lawa to enter and distrayne in the lands in
the which they have tittle; and many other the like which I
could rehearse.
Eudox: These,
trulie, which you have repeated,
seme very fryvolous and fruitles; for by the breach of them
little dammage or inconvenience cann come to the
Common-Wealth, nether, indeede, yf any transgresse
them, shall he seeme worthie of punishment, scarce of
blame, savinge be that they abide by the names of lawes.
But lawes ought to be suche, as that the keepinge of them
should be greatlie for the behoofe of the Common-Wealth,
and the violatinge of them should be very haynous, and
sharply punishable. But tell us of some more weightie
dislikes in the Statutes then these, and that may be more
behouefull importe the reformacon of them.
Iren: There is one
or two statutes which make
the wrongfull destrayninge of any mans goods against the
forme of Common Lawe to be fellony. The which statutes
seeme surelie to have benn at firste meant for the greate
good of that Realme, and for restrayninge of a fowle abuse,
which then raigned commonly amongst that people, and
yet is not altogether layed aside; that when anyone was
indebted to another, he would first demaunde his debt, and
yf he were not paied, he would streighte goe and take a
distres of his goods or Cattel, where he could finde them, to
the value: which he would keepe tyll he were satisfied, and
this the simple Churle (as they call him) doth commonly
use to doe yet, thorough ignorance of his misdoing, or evill
use that hath longe settled amongest them. But this,
though it be sure most unlawfull, yet surely me seemes to
hard to make it death, since there is no purpose in the
partie to steale the others goods, or to conceale the distres,
but doth yt openly, for the most parte before witnesses. And
againe, the same statutes are soe slackelie pende, besides
that latter of them is so vnsensiblye contryved that yt scarse
carrieth any reason in yt, that they are often and very easily
wrested to the fraude of the subjecte; as yf one goinge to
distrayne upon his land or Tenemente, where lawfully he
may, yet yf in doinge therof he transgres the leaste point of
the Common Lawe, he streightly commiteth fellonie. Or if
one by any other occasion take any thing from another, as
boys use sometimes to cap one another, the same is
straight fellony. This is a very harde lawe.
Eudox: Nevertheles
the evill use of distrayninge
another mans goods, you will not deny but is to be
abolished and taken awaye.
Iren: Yt is soe,
but not by takinge awaye the
subjecte withall; for that is to violent a medycine, speciallie
this use beinge permitted, and made lawfull to some, and
to other some, death. As to most of the Corporate Townes
there, it is graunted by theire charter, that they may, every
man by himselfe, without an officer (for that were more
tollerable) for any debt, to distrayne the goods of any Irishe,
beinge founde within theire liberty, or but passinge
through theire Townes. And the first permissyon of this was
for that in those tymes when that graunt was made, the
Irishe were not amesnable to lawe, soe as yt was not saifetie
for the Townesman to goe to him forth to demaund his
debt, nor possible [to] drawe him into lawe, soe that he had
leve to be his owne bayliffe, to arrest his saide debtors
goods within his owne franchise. The which the Irish seinge,
thought yt as lawfull for them to distrayne the Townesmans
goods in the countrey where they founde yt. And soe [by]
ensample of that graunt to Townes-men, they thought yt
lawfull, and made yt an use to distrayne one anothers
goods for smale debtes. And to say truth, me thinkes yt
hard for every tryflyng debt of 2 or 3s. to be dryven to lawe,
which is so far from them sometymes to be sought, for
which me thinkes yt were an heavy ordinance to geve
death, especyally to a rude man that is ignorant of Lawe,
and thinketh a common use or graunt to other men a lawe
for himselfe.
Eudox: Yea, but
the Judge, when it commeth
before him to triall, may easilie deside this doubte, and lay
open the intent of the lawe by his better discrecon.
Iren: Yea, but yt
is daingerous to leave the sense
of a lawe unto the reason or will of Judges, whoe are men
and may bee miscaryed, by affeccions, and many other
meanes. But the lawes ought to be like to stony tables,
playne, stedfast, and ymmoveable. There is allso suche
another statute or twoe, which make Coigne or lyverye to
bee treason, no lesse inconvenient then the former, beinge,
as yt is penned, howe ever the first purpose thereof were
expedient; for thereby nowe noe man cann goe into
anothers howse for Lodginge, nor to his owne Tenants
howse to take victuall by the waye, notwithstandinge that
there is no other meanes for him to have lodgings or horse
meate, nor mans meate, there beinge noe Innes, nor none
otherwise to bee bought for money, but that he is
indaingered to that Statute of Treason, whensoever he shall
happen to falle out with his Tennant, or that his said hoste
list to complaine of grevance, as oftentymes I have seene
them very malishiouslie doe thorowe the least provocation.
Eudox: I do not
well knowe, but by gesse, what
you doe meane by these termes of Coigne and Lyvery:
therefore, I praye you explaine them.
Iren: I knowe not
whether the wordes be
Englishe or Irishe, but I suppose them rather to be
auncyent Englishe, for the Irishemen cann make no
derivacon or analogie of them. What lyverie is, wee by
Common use doe knowe well enough, that it is allowance of
horsemeate, as commonly they use the word in stabline, as
to keep horses at liverye; the which worde, as I gesse, is
deryved of liveringe or delivering forth theire nightlie
foode. Soe in greate howses, the lyvery is said to be served
up for all night, that is theire eveninges allowance of drinke.
And lyvery is allso called the [upper] garment which a
serving man weareth, soe called, as I suppose, for that yt
was delyvered or taken from him at pleasure: So yt is
apparant, that by the worde Liverie is there meante
horsemeate, like as by the wordCoigny is understood mans
meat: But whence the worde is deryved is very hard to tell.
Some say of coyne, for that they vsed [commonly] in theire
Coignes, not only to take meate, but coyne allso; and that
that takinge of money was specyally meante to be
prohibited by that statute: But I thinke rather this word
Coignye is deryved of the Irishe. The which is a common
use amongest the cheife landelords, to have a common
spendinge upon theire Tennants; for all theire tennants,
being commonly but tennants att will, they use to take of
them what victuall they list, ffor of victualls they were
wounte to make smale reconinge: neither in this was the
Tennante wronged, for yt was an ordinarie and knowen
custome, and his lord commonly used so to covenante with
him, which yf at any tyme the tennante disliked, he might
freelie departe at his pleasure. But nowe by this statute the
Irishe lord is wronged, for that he is cutt of from his
customary services, of the which this was one, besides
many other of the like, as Cuddie, Cossherie, Bonnagh,
Shragh, Sorehin, and such others, the which I thinke at first
were customes brought in by the Englishe upon the Irishe,
the which were never wonte, and yet are loath to yeilde any
certen rent, but onlye such spendinges: for theire common
sayinge is: Spende me and defende me.
Eudox: Surely I
take yt as you saye, that therein
the Irishe Lord hath wronge, since yt was an auncyent
custome, and nothinge contrarie to lawe, for to the willinge
there is no wronge done: And this right well I wott, that,
even here in England, there are in many places as strange
Customes as that of Coygnie and lyverye. But I suppose by
your speache, that yt was the first meaninge of the [statute]
to forbid the violent takinge of victualls upon other mens
Tenants against theire willes, which surelie is a greate
outraige, and yet not soe greate me seemes, as that yt
shoulde be made Treason: for consideringe that the nature
of Treason is concerninge the royall estate or person of the
prince, or practizinge wyth his enemies to the derogacon
and dainger of his crowne and dignitie, yt is hardlie wrested
to make this treason. But as you erst said, Better a
mischiefe then an inconvenience.
Iren: Another
statute I remember, which
havinge been an ancyent Irishe custome is nowe upon
advisement made an Englishe lawe, and that is called the
Custome of Kincougish, which is, that every heade of everie
sept and every chiefe of every kindred or familie, should be
required answerable and bound to bring foorth every one
of that sept and kindred under it at all times to be justified,
when he should be required or charged with any treason,
felony or other haynous crime.
Eudox: Whie,
surely this seemes a very
necessary lawe. For considering that many of them bee
such losells and scatterlinges, as that they cannot easily by
any sheriffe, Constable, Bayliffe, or other ordinary officer
be gotten, when they are challenged for any such facte; this
is a very good meanes to gett them to be brought in by him
that is the heade of the septe or chiefe of that howse:
wherefore I wonder what [just] excepcon ye cann make
against the same.
Iren: True,
Eudox., in the pretence of the good of
this statute, yee have nothinge erred, for yt seemeth very
expedient and necessarie: But the hurte which cometh
thereby is greater then the good. For, whilest every chiefe
of a septe standeth soe bounde to the lawe for every man
that is of his bloud or sept that is under him inclusive, every
one of his sept is put under him and he is made greate by
the commaundinge of them all. For yf he may not
commaund them, then that lawe doth wronge that bindeth
him to bringe them forth to bee justified: and yf he may
commaund them, then he may commaund them aswell to
yll as to good. Hereby the lords and captaines of the
countries, the principalls and heades of septs, are made
stronger, whome yt shoulde be a most specyall care in
pollicie to weaken, and to sett up, and strengthen divers of
his underlines against him, which whensoever he shall offer
to swarve from dutye, may be able to bearde him; for it is
very daingerous to leave the command of soe many as
some septes are, beinge v or vi thowsande persons, to the
will of one man, whoe may leade them to what he will, as he
himselfe shall be inclyned.
Eudox: In very
deede, Irenius, yt is very
daingerous, especially seinge the disposicon of those
people not allwayes inclynable to the best. And therefore I
hold yt noe wisedome to leave unto them, to much
commaund over theire kindred, but rather to withdrawe
theire followers from them asmuch as may bee, and to
gather them under the commaund of lawe by some better
meane than this custome of Kincougish. The which word I
woulde bee glad to knowe what yt namely signifieth, for the
meaninge thereof I seeme to understand reasonabe well.
Iren: It is a
worde mingled of Englishe and Irish
together, so I am partlye led to thinke, that the custome
thereof was first Englishe and afterwardes Irish, for suche
an other lawe they had here in Englande, as I remember,
made by Kinge Alured, that every gentleman should
contynually bringe forth his kindred and followers to the
lawe. So Kin is Englishe and Coughish signifieth affinitie in
Irishe.
Eudox: Sith then
that wee have thus reasonablie
handled the inconveniences in the lawes, lett us nowe
passe unto your second parte, which was, as I remember, of
the abuses of Customes; in which, me seemes, yee have a
fayre champion laied open unto you, in which yee may at
large stretch out your discourse into many sweete
remembrances of Antiquities, from whence yt seemeth
that the customes of that natyon proceede.
Iren: Indeede,
Eudox: you say very true; for all
the customes of the Irishe which I have very often noted
and compared with that I have red, would mynister
occasion of most ample discourse of the first originall of
them, and the antiquitie of that people, which in truth I doe
thinke to bee more auncient then most that I know in this
ende of the worlde; so as yf it were in the handlinge of some
man of sound judgement and plentifull readinge, it would
be most pleasant and profitable. But yt may bee wee may,
at some other time of meetinge, take occasion to treate
thereof more at large. Here only it shall suffice to touch
such Customes of the Irish as seeme offensive and
repugnant to the good government of that Realme.
Eudox: Followe
then your owne corse, for I shall
the better content my selfe to forbeare my desire nowe, in
hope that you will, as you say, some other time more
abuondantly satisfie yt.
Iren: Before wee
enter into the treatise of theire
Customes, yt is first needfull to consider from whence they
sproung, for from the sundrie mannors of the nations, from
whence that people which nowe are called Irishe were
derived, some of the customes which nowe remayne
amongest them have benn fetcht, and since they have
benn contynwed amongest them; for not of one nacyon was
that people as yt is, but of sondrie people of different
condicons and manners: But the chief which have first
possessed, and inhabited yt, I suppose to be Scythians.
Eudox: How commeth
it then to passe, that the
Irish doe derive themselves from Gathelus the Spaniard?
Iren: They doe
indeed, but (I conceive) without
any good ground. For if there were any such notable
transmission of a colony hether out of Spaine, or any such
famous conquest of this kingdome by Gathelus, a Spaniard,
as they would faine believe, it is not unlikely, but the very
Chronicles of Spaine (had Spaine then beene in so high
regard as they now have it) would not have omitted so
memorable a thing, as the subduing of so noble a realme to
the Spaniard, no more then they doe now neglect to
memorize their conquest of the Indians, especially in those
times, in which the same was supposed, being nearer unto
the flourishing age of learning and writers under the
Romanes. But the Irish doe heerein no otherwise, then our
vaine English-men doe in the Tale of Brutus, whom they
devise to have first conqured and inhabited this land, it
being as impossible to proove, that there was ever any such
Brutus of Albion or England, as it is, that there was any such
Gathelus of Spaine. But surely the Scythians (of whom I
earst spoke) which at such tyme as the Northerne Nations
overflowed all Christendome, came downe to the Sea coste,
where enquiringe for other countryes abroade, and
gettinge intelligence of this Countrye of Irelande, finding
shippinge convenient, passed over thither, and arived in
the North parte thereof, which is now called Ulster, which
first inhabiting, and afterwardes stretchinge themselves
forth into the Ilande as theire nombers encreased, named
yt all of themselves Scuttenlande, which more briefly is
called Scutland, [or] Scotland.
Eudox: I wonder,
Irenius, whether you runne so
farre astraye; for whilst wee talke of Ireland me thinkes you
rippe up the originall of Scotland; but what is that to this?
Iren: Surelie very
much, for Scotland and
Ireland are one and the same.
Eudox: That
seemeth more strange; for wee all
knowe right well that they are distinguished, with a greate
sea runninge betweene them; or else there are twoe
Scotlands.
Iren: Never the
more are there twoe Scotlands,
but twoe kindes of Scotts there were indeede, as you may
gather out of Buchanan, the one Irine or Irishe Scotts, the
other Albyne Scotts; for those Scotts or Scythians arrived, as
I supposed, in the North parts of the Island, where some of
them afterwards passed into the next coaste of Albyne,
nowe called Scotland, which, after much trouble, they
possessed, and of themselves named yt Scotland; but in
process of tyme, as is commonly seene, the denominac[o]n
of the part prevailed in the whole, for the Irishe Scotts
puttinge away the name of Scotts, were called only Irishe,
and Albyne Scotts, leavinge the name of Albyne, were
called only Scotts. Therefore yt cometh of some wryters,
that Ireland is called Scotia-major, and that which nowe is
named Scotland, is called Scotia-minor.
Eudox: I doe nowe
well understande your
distinguishing of the twoe sortes of Scotts, and twoe
Scottlands, howe that this which is nowe called Irelande was
auncyently called Erine, and afterwardes of some wrytten
Scotland, and that which is nowe called Scotland was
formerlie called Albyn, before the cominge of the Scutts
thither: But what other Nations inhabited thother partes of
Irelande?
Iren: After this
people thus planted in the north
or before, (for the certaintie of tymes in thinges soe farre
from all knowledge cannot bee justlie avouched), another
nation cominge out of Spaine aryved in the West part of
Irelande, and findinge it waste, or weakelie inhabited,
possessed yt; who whether they were native Spaniards, or
Gaules or Affricans or Goaths, or some other of those
Northerne Nations which did spread all over-spred all
Christendome, it is impossible to affirme, onlie some
naked conjectures may be gathered; but that out of Spaine
certenlie they came, that doe all the Irishe Cronicles agree.
Eudox: You doe
verie boldlie, Irenius, venture
upon the histories of auncyent tymes, and leane too
confidently unto those Irishe Cronicles which are moste
fabulous and forged, in that out of them you dare take in
hande to laye open the Originall of a nation soe antique, as
that noe monument remaynes of her begynninge and
[firste] inhabitinge there; specially havinge bene allwayes
without letters, but only bare tradicons of tymes and
remembrances of bardes, which use to forge and falsifye
every thinge as they liste to please or displease any man.
Iren: Trulie I
must confesse I doe soe, but yet
not so absolutelie as yee suppose. But I doe herein relye
upon those bardes or Irishe Cronicles, though the Irishe
themselves, through their ignorance in matters of
learninge and deepe judgement, doe most constantly
beleve and avouch them. But unto them besides I adde my
owne readinge; and out of them both togeather, with
comparison of tymes, likenes of manners and customes,
affinitie of words and names, properties of natures and
uses, resemblances of rights and ceremonies, monuments
of Churches and Tombes, and many other like
circumstances I doe gather a likelyhood of truth; not
certenly affirminge any thinge, but by conferringe of tymes,
language, monuments, and such like, I doe hunt out a
probabilitie of thinges, which I leave unto your judgement
to beleve or refuse. Nevertheles there bee some very
auncyent authors which make mencyon of those thinges,
and some moderne, which by comparinge of them with the
present tymes, experience, and theire owne reason, doe
open a wyndow of greate light unto the rest, that is yet
unsene; as namely, of the oulder, Cesar, Strabo, Tacitus,
Ptolemie, Plinie, Solinus, Pompeus, Mela, and Berosus; of
the latter, Vincentius, Æneas Silvius, Ludus,
Buckhanan, [of all of which I do give most credit unto
Buchanan] for that he himselfe, being an Irishe Scott or
Picte by nacon, and beinge very excellently learned, and
industrious to seeke out the truth of these thinges
concerninge the originall of his owne people, hath both sett
downe the testimonies of the auncyents truly, and his owne
opinion withall very reasonablie, though in some thinges he
doth somewhat flatter. Besides, the Bardes and Irish
Croniclers themselves, though through desier of pleasinge
perhappes to much, and ignorance of arte and pure
learninge, they have [clouded] the truth of those tymes; yet
there appeareth amongest them some Reliques of the true
antiquitie, though disguised, which a well eyed man may
happilie discover and finde out.
Eudox: How cann
there bee any truth in them at
all, since the auncyent nations which first inhabited Ireland
were altogether destitute of letters, much more of
learninge, by which they might leave the veritie of things
wrytten. And those bardes comminge alsoe soe many
hundred yeres after, could not knowe what was done in
former ages, nor delyver certenty of any thinge, but what
they feyned out of theire unlearned heades.
Iren: Those bardes
indeede, Cesar writeth, delyver
no certen truth of any thinge, nether is there any certen
holde to be taken of any antiquitie which is receaved by
tradiccon, since all men bee lyars, and [may] lye when they
will; but yet for auncyentnes of the wrytten Cronicles of
Ireland, geve me leave to say somethinge, not to justifie
them, but to showe that some of them might say truth. For
where yee say that the Irish have allwayes benn without
letters, yee are therein much deceaved, for yt is certen, that
Ireland hath had the use of letters very auncientlie, and
longe before England.
Eudox: Is yt
possible? how comes yt then that they
are so barbarous still, and soe unlearned, beinge soe olde
scollers? For learninge as the Poett saith, emollit mores nec
sinit esse feros: whence then I pray you coulde they have
those letters?
Iren: It is harde
to saye: for whether they at theire
first comminge into the land, or afterwardes by tradinge
with other Nations which hade letters, learned them of
them, or devised them amongest themselves, [it is very
doubtful. But that they had letters anciently, it is nothing
doubtful,] for the Saxons of Englande are saide to have
theire letters, and Learninge, and learned men, from the
Irishe; and that also appeareth by the likenes of the
Carracter, for the Saxons carracter is the same with the
Irishe. Now the Scythians never, I cann reade, of oulde had
letters among them: therefore yt seemeth that they had
them from the nacyon which came out of Spaine, for in
Spaine there was (as Strabo wryteth) letters auncyently
used, whether brought unto them by the Phenicians, or the
Persians, which as yt appeareth by him) had some footinge
there, or from Marseles, which is saide to have been
inhabited by the Greekes, and from them to have had the
Greeke carracter; of the which Marsilianns yt is said, that
the Gaules learned them first, and used only for the
furtherance of theire trades and private busines: for the
Gaules (as is stronglie to be proved by many au ncyent and
authenticall wryters) did first inhabite all the sea coste of
Spaine even unto Cales and the mouth of the Streights,
and peopled also a greate parte of Italie, which appeareth
by sundrie Citties and havens in Spaine called of them, as
Portingalia, Gallecia, Galdunum; and also by sundrie
nacons therein dwellinge, which yet have reseaved theire
owne names of the Gaules, as the Rhegnie, Presamarie,
Tamariti, Cineri, and divers others. All which Pompeius
Mela, beinge himselfe a Spaniarde, yet saith to have
descended from the Celtics of Fraunce, whereby yt is to be
gathered, that that nacon which came out of Spaine into
Ireland were auncientlie Gaules, and that they brought
with them those letters which they had learned in Spaine,
first into Ireland, the which some allso saye doe muche
resemble the olde Phenicon carracter, beinge likewise
distinguished with pricke and accent, as theires
auncyentlie; but the further enquirie thereof needeth a
place of longer discourse than this our shorte conference.
Eudox: Surelie you
have showed a greate
probabilitie of that which I had thought impossible to have
benn proved; but that which you nowe saye, that Ireland
shoulde have benn peopled with the Gaules, seemeth
much more strainge, for all theire Cronicles doe say that
the west and south was possessed and inhabited of
Spaniards: and Cornelius Tacitus doth allso stronglie
affirme the same, all which you must either overthrowe and
falsifie or renounce your opinion.
Iren: Neither so,
nor soe, for the Irish Cronicles,
as I said unto you, beinge made by unlearned men, and
wrytinge thinges accordinge to the apparance of the truth
which they conceyved, doe erre in the circumstances, not in
the matter. For all that came out of Spaine (they beinge no
diligent searchers into the differences of the Nacyons)
supposed to be Spaniards, and so called them, but the
groundworke thereof is nevertheles (as I saide) true and
certen, however, they through theire ignorance disguise the
same, or through theire owne own vanitie whilst they would
not seeme to bee ignorant, doe thereupon buylde and
enlarge many forged histories of theire owne antiquitie,
which they delyver to fooles and make them beleve them
for true: as for example, that first of all one Gathelus the
sonne of Cecropes, or Argos, who havinge married the
Kinge of Egyps his daughter, thence sayled with her into
Spaine, and there inhabited: Then that of Nemedus and
his fower sonnes, who coming out of Scythia peopled
Ireland, and inhabited yt with his 2 sonnes twoe hundred
and ffifty yeares, till he was overcome of the Gyants
dwellinge then in Irelande, and at the last quite banished
and rooted out. After whome two hundred yeres, the
sonnes of one Dela, beinge Scythians, aryved there againe,
and possessed the whole lande, of which the youngest,
called Slaynius, in the ende made himselfe Monarch.
Lastlie, of the iiij sonnes of Milesius Kinge of Spaine, which
conquered that land from the Scythians, and inhabitinge yt
with Spaniards, called yt of the youngest Heberuus,
Hibernia: all which are in truth mere fables, and very
Milesian lyes, (as the lattine proverbe is;) for there was
never such a Kinge of Spaine called Milesius, nor any
suche colony seated with his sonnes, as they fayne, that
cann ever bee proued. But yet under these tales yee may in
manner see the truth lurke. For Scythians, here
inhabitinge, they name and doe speake of Spaniards
whereby appeareth that both those nations here inhabited:
but whether very Spaniards, (as the Irishe greatlie affecte),
ys no way to be proved.
Eudox: Whence
commeth it that the Irishe do
soe greatlie covett to to fetch themselves from the
Spaniards, since the olde Gaules are a more auncyent and
much more honorable nation?
Iren: Even of a
very desier of newfanglenes and
vanitie, for beinge as they are nowe accompted, the most
barbarous Nation in Christendome, they to avoide that
reproache woulde deryue them selves from the Spaniards,
whom they now see to bee a very honorable people, and
next borderinge unto them: But all that is most vaine; for
from the Spaniard, that now is, is come from as rude and
salvage nations as they, there beinge, as yt may be
gathered by corse of ages and veiwe of theire owne
histories (though they therein labored much to enoble
themselves) scarse any dropp of the oulde Spanishe bloode
left in them; for all Spaine was first conquered by the
Romaynes, and filled with Colonies from them, which were
still encreased, and the native Spaniarde still cutt of.
Afterwards the Carthaginians in all the longe Punicke
Warres havinge spoiled all Spaine, and in the ende
subdued yt whollie tothem selves, did, (as yt is likelye) roote
out all that were affected to the Romaynes. And lastly the
Romaines, havinge againe recovered that countrye and
beate out Hanniball, did doubtles cutt of all that had
favored the Carthaginians, soe that betwixte them both, to
and fro, there was scarse a native Spaniard left but all
inhabited of Romaynes. All which tempests of troubles
being overblowen, there longe after arose a newe storme
more dreadfull then all the former, which over-ranne all
Spaine, and made an infinite confusion of all thinges; that
was, the comming downe of the Gothes, the Hunnes, and
the Vandalles, and lastly all the Nations of Scythia, which,
like a mountaine flud, did overflowe all Spaine, and quite
drowned and washt away whatever relicts there were left of
the land-bred people, yea and of all the Romaynes too. The
which Northerne Nations findinge the complexion of that
soile, and the vehement heate there farf different from
theire natures, toke no felicitie in that country but from
thence passed over, and did spread themselves into all
Countries in Christendome, of all which there is none but
hath some mixture or sprincklinge, yf not [thorough]
peoplinge, of them. And yet after all those the Mores and
Barbarians, breakinge over out of Africa, did finally
possesse all Spaine, or the moste parte therof, and treade
downe under theire foule heathenishe feete what ever little
they founde there yet standinge. The which, though
afterwards they were beaten out by Ferdinando of Arragon,
and [Isabell] his wife, yet they were not soe clensed, but that
through the marriages which they had made, and mixture
of the people of the land, during their long contynuance
there, they had left no pure drop of Spanish bloode, nor of
Romayne nor Scythian. Soe that all nacons under heaven, I
suppose, the Spaniard is the most mingled, most uncerten,
and most bastardlie; wherefore most foolishly doe the Irish
thinke to enoble themselves by wrestinge theire auncestrie
from the Spaniard, whoe is unable to deryve himselfe from
any nacon certen.
Eudox: You speake
very sharplie, Irenius, in
dishonor of the Spaniard, whome some other boast to be
the onelie brave souldier under the skye.
Iren: Soe surely
he is a very brave man; nether is
that which I speake any thinge to his derogacon, for, in that
I saide he is a mingled people, it is no disprayse; for I
thinke there is no nation now in Christendome, nor much
further, but is mingled, and compounded with others: Yt
was a singuler providance of God, and a most admirable
purpose of his wisedome, to drawe those Northerne
Heathen Nacons downe into those Christian partes, where
they might receave Christianitie, and to mingle nations soe
remote soe miraculouslie, to make, as it were, one kindred
and bloode of all people, and each to have knowledge of
him.
Eudox: Nether have
you sure any more
dishonered the Irishe, for you have brought them from very
greate and auncyent nations, as any were in the worlde,
howe ever fondly they affecte the Spaniard. For both the
Scythians and the Gaules were twoe as mightie nations as
ever the worlde brought forth. But is there any token,
denominacon or monument of the Gaules yet remayninge
in Ireland as there is of Scythians?
Iren: Yea surelie
very many: for there is first in
the Irish language many words of Gaules remayninge, and
yet daylie used in common speach.
Eudox: Wher, what
was the Gallish speach? is
there any parte of yt still used amongest any nacon?
Iren: The Gallish
speeche is the very Brytishe,
the which was generally used heere in all Bryttaine before
the cominge of the Saxons: and yet is retayned of the
Welchmen, the Cornishe men, and the Bryttains of
Fraunce, though tyme, woorking alteracon of all thinges,
and the tradinge and enterdeale with other nacons rounde
about, have chaunged and greatly altered the dialecte
thereof, but yet the originall wordes appeare to be the
same, as who [that] lyste to reede in Cambden or
Buckanan, may see at large. Besides, there be many
places, as havens, hilles, townes, and castles, which yet
beare names from the Galles; of the which Buckanan
rehearseth above 3 hundred in Scottland, and I can (I
thinke) recount neare as many in Ireland: Moreover there
be of the olde Galles certaine nacons yett remayninge in
Irelande which retaine the olde denominacons of the
Galles, as the Manapij, the Cauci, the Venti and others; by
all which and many other very reasonable probabilities,
which this shorte course, will not suffer to be laid forth, it
appeareth that the cheef inhabitantes in the Iland were
Galles cominge thither first from Spayne, and afterwards
from besides Tannius, where the Gothes, Hunnes, and the
Getes sat downe, they allso beinge (as it is said) of some
ancient Galles, and lastly passinge out of Gallia it self, from
all the sea Coaste of Belgia and Celtica, into all the
sotherne coastes of Ireland, which they possessed and
inhabited, whereupon it is at this daye, amongst all the
Irishe a common use to call any strange inhabitante there
amongst them, Gald, that is, descended of [or] from the
Gaules.
Eudox: This is
very lykely, for even so did theis
Gaules aunciently possesse and people all the Southerne
coastes of our Brittaine, which yet retayne their old names,
as the Belgeæ in Somersetshier, Wiltshire and parte
of Hampeshier. Atrebatij in Barkshier, Regni in Sussex and
Surrey, with many others. Nowe thus far I understand your
opinion, that the Scythians planted in the Northe parte of
Ireland; the Spaniard (for so we call them) what euer they
were that came from Spaine, in the West; the Gaules in the
Southe: so that there now remayneth onely the East partes
towardes England, which I would be glad to understand
from whom you thinke them to be peopled.
Iren: Mary, from
the Bryttons themselves, of
which though their be lyttle footinge nowe remayning, by
reason that the Saxons afterwardes and lastly the Englishe,
drivinge out all the first inhabitantes thereof, did possesse
and people the land themselves. Yet amongst the Tooles,
the Brines, the Cavanaghes, and other nacons in Linster,
there is some memorie of the Brytons remayninge: as the
Tooles are called of the old Brytish woord Tol, that is, an
hilly Country. the Brins of the Brytish word Brin, that is,
Woody. And the Cavenaghes of Caune, that is, stronge. So
that in thies three people, the very denominacon of the old
Bryttons doth still remayne. Besides, when any flieth under
the succor or protection of any against an enemy, he crieth
unto him Commericke, that is Brytton Helpe, for the
Brytton is called in his owne language, Commerouye.
Furthermore to prove the same, Ireland is by Diodorus
Siculus, and by Strabo, called Brytannia, and a parte of
Greate Bryttaine. Finally, it appeareth by good Record yet
extante that King Arthure, and before him Gurgunt, had all
that Iland in his alleagiaunce and subjection: hereunto I
could adde many probabilities of the names of places,
persons, and speeches, as I did in the former, but they
should be to longe for this place, and I reserve them for
another. And thus you have hard my opinion, how all the
Realme of Ireland was first peopled, and by what nacon.
After all which the Saxons succeedinge, did wholley subdue
it unto themselves. For first Egfryde, longe kinge of
Northumberland, did utterly waste and subdue, as
appeareth by auncient Record, in which it is founde wrytten
that he subdued all the islandes of the North, even unto
Norwaye, and their kings did bringe into his subjection.
Eudox: This
rippinge up of Auncestries, is very
pleasinge unto me, and indeed savoreth of good
conceiptes, and some reading withall. I see hereby howe
profitable travill and experience of forrainr nacons is to
him that will apply them to good purpose. Neyther indeed
would I have thought, that any such antiquities could have
bene avouched for the Irishe, that maketh me the more to
longe to see some other of your observacons, which you
have gathered out of that Country and have earst half
promised to put forthe: And sure in this minglinge of
nacons appeareth (as you earst well noted) a wonderfull
providence and purpose of Almightie God, that stirred up
the people in the farthest partes of the world to seeke out
theis regions so remote from them, and by that meanes
bothe to restore the decayed habitacons, and to make
himselfe knowen to the Heathen. But was their, I praye
you, no more generall Impeoplinge of that Iland, then first
by the Scythians, which you saye were the Scotts, and
afterwardes by the Affricans, besides the Gaules, Bryttons,
and Saxons?
Iren: Yes, there
was an other, and that the last
and the greatest, which was by the English, when the Earle
Strangbowe, havinge conquered that Lande, delivered up
the same into the handes of Henry the second, then Kinge,
who sent over thither great store of gentlemen, and other
warlyke people, amongst whom he distributed the Land,
and setled such a stronge Colonie therein, as never since
could, with all the subtile practices of the Irishe, be rooted
out, but abyde still a mightie people, of so many as
remayne Englishe of them.
Eudox: What is
that you say, of so many as
remayne English of them? Why are, not they that were
once English, abydinge Englishe still?
Iren: No, for the
most parte of them are
degenerated and growen almost meare Irishe, yea, and
more malicious to the Englishe then the very Irishe them
selves.
Eudox: What heare
I? And is it possyble that an
Englishman, brought up naturally in such sweet civilitie as
England affordes, could fynd such lyking in that barberous
rudenes, that he should forgett his owne nature, and
foregoe his owne nacon? how may this be? or what I pray
you may be the cause thereof?
Iren: Surely,
nothinge but that first evill
ordinance and Institucon of that Common Wealthe. But
thereof now is their no fitt place to speake, least, by the
occation thereof offering matter of longe Discourse, we
might be drawen from this that we have in hand, namely,
the handleinge of abuses in the Customes of Ireland.
Eudox: In truthe,
Irenius, you doe well
remember the plott of your first purpose; but yet from that
me seemes, you have much swarved in all this longe
discourse, of the first inhabiting of Ireland: for what is that
to your purpose?
Iren: Truely very
materiall; for if you marked the
course of all that speech well, it was to shew by what
meanes the Customes, that now are in Ireland, beinge
some of them indeed very straunge and almost
heathenishe, were first brought in: and that was, as I said,
by those nacons from whome that contry was first peopled;
for the difference of manners and customes doth followe
the difference of nations and people: the which I have
declared unto you to have bene 3 speciall, which seated
themselves theare, to wyt, first the Scythian, then the
Gaules, and lastly the Englishe. Notwythstanding that I am
not ignorant, that there sundry other nacons which got
footing in that Lande, of the which their yet remayne dyvers
great families and seiptes, of whom I will also in theire
proper places make mencon.
Eudox: You bringe
your self, Iren., very well into
the waye againe, notwithstanding that it seemeth that you
were never out of the waye. But nowe that you have passed
through their antiquities, which I could have wyshed not so
soone ended, begine when yee please, to declare what
Customes and manners have been deryved from those
nacons to the Irishe, and which of them yee fynd faulte
withall.
Iren: I will then
begin to count their customes in
the same order that I counted their nacons: and first with
the Scythian or Scottish manners. Of the which there is one
use amongst them, to keepe their Cattell, and to live them
selves the most part of the yeare in Bollies, pasturinge
upon the mountaines and wast wyld places; and removing
still to freshe land, as they have depastured the former
dayes. The which appeareth plaine to be the manner of the
Scythians, as you may reede in Olaus Magnus, and Jo.
Boemus, and yet is used amongst all the Tartarians and the
people about the Caspian Sea, which are naturally
Scythians, to live in heardes as they call them, beinge the
very same that the Irishe Bollies are, dryving their cattell
continually with them, and feeding onely on their whyt
meates.
Eudox: What fault
can you fynd with this
custome? For thoughe it be an olde Scythian use, yet it is
behooffful in this Country of Irelande, where their are great
mountaines, and wast desertes full of grasse, that the same
should be eaten downe, and nourishe many thousandes of
cattell for the good of the whole Realme, which cannot
mithinke be any other waye, then by keepinge those Bollies
as there you have shewed.
Iren: But by this
custome of Bolling there grewe
in the meane tyme many great enormities unto that
Common waylth. For first, if there be any outlawes, or loose
people, as they are never without some, which live upon the
stelthes and spoyles, they are evermore sucered and fynd
Releef onely in those Bollies, beinge upon the wast places,
where eles they should be dryven shortly to sterve, or to
come downe to the townes to seeke releef, where, by one
meanes or another, they would soone be caught. Besydes,
such stelthes of cattell they bringe comonly to those
Bollies, where they are receaved readily, and the theif
harbored from daunger of Lawe, or such officers as might
light upon him. Moreover, the people that live thus in theis
Bollies grow thereby more barborous, and live more
licentiously then they would in townes, using what meanes
they lyst, and practyzing what mischeefes and villainies
they will, eyther against the government theire, generally
by their combinacons, or against pryvate men, whom they
maligne, by stealinge their goodes, or murtheringe [them].
For theare they thinke them selves half exempted from
Lawe and obedience, and havinge once tasted freedome,
doe, lyke a steare that hath bene longe out of his yooke,
grudge and repyne ever after to come under rule againe.
Eudox: By your
speech, Irein. I perceive more
evill come by these bollies, then good by their grasinge;
and therefore it may well be reformed: but that must be in
his due course: doe you proceede to the next.
Iren: They have
another custome from the
Scythians, that is the wearing of manteles and longe
glebbes, which is a thicke curled bushe of heare, hanginge
downe over their eyes, and monstrously disguysinge them,
which are both very badd and hurtfull.
Eudox: Doe you
thinke that the mantle cometh
from the Scythians? I would surely thinke otherwyse, for by
that which I have redd, it appeareth that most nacons in
the world auntiently used the mantle. For the Jewes used it,
as you may reed of Elias mantle, of
[blank] . The Caldees also used
it, as you may reed in Diodorus. The Egyptians lykewyes
used it, as yee may reed in Herodotus, and may be
gathered by the discription or Berenice, in the greek
Commentaries upon Callimacus. The Greekes also used it
aunciently, as appeareth by Venus mantle lyned with
starres, though afterwards they chaunged the forme
thereof into their clookes, called Pallia, as some of the
Irishe also use. And the auncient Latines and Romains
used it, as yee may reede in Virgill, who was a very great
Antiquarie, that Evander, when Æn&ealig;s came to
him at his feast, did intertaine and feast him on the ground,
and lying on manteles. Insomuch that he useth the very
word mantile for a mantle:
--Mantilia humi
sternunt.
So that it seemeth that the
mantle
was a generall habite to most nacons, and not proper to the
Scythians onely, as yee suppose.
Iren: I cannot
deny but aunciently it was
common to most, and yet sithence disused and laid away.
But in this latter age of the world, since the decay of the
Romaine empyre, it was renued and brought in againe by
those Northerne nacons when, breakinge out of their could
caves and frosen habitacons into the sweet soyle of Europe,
they brought with them their usuall weedes, fitt to sheild
their could, and that continuall frost, to which they had
bene at home inured: the which yet they lefte not of, by
reason that they were in perpetuall warres with the nacons
where they had invaded. But still removing from place to
place, carryed always with them that weede, as their howse,
their Bedde, and their garment. And, cominge lastly into
Irelande, they found there more special use therof, by
reason of the rawe could clymate, from whence it is nowe
growen into that generall use in which that people nowe
have it. Afterward the Affricans succeedinge, fyndinge the
lyke necessitie of that garment, continued the lyke use
thereof.
Eudox: Since then
the necessitie thereof is so
comodious, as ye alegde, that it is insteed of howsinge,
Bedding and Clothinge, what reason have you then to
wishe so necessary a thinge cast of?
Iren: Because the
commoditie dothe not
countervayle against the discomoditie, for the
inconveniences that thereby doe aryse are much more
many: for it is a fitt howse for an outlawe, a meet Bedd for a
Rebell, and apte Cloke for a theef. First the outlawe being
for his many crymes and villainies banished from the
townes and howses of honest men, and wandring in wast
places, far from danger of Lawe, maketh his mantle his
howse, and under it covereth himself from the wrathe of
heaven, from the offence of the earth, and from the sight of
men. When it raineth it is his penthowse, when it bloweth it
is his tente; when it freezeth it is his tabernacle. In Sommer
he can weare it loose, in winter he can lappe it close; at all
tymes he can use it; never heavie, never combersome.
Lykewaise for a Rebell it is as serviceable; for in his warre
that he maketh, if at least it deserve the name of warre,
when he still flyeth from his foe, and lurketh in the thicke
woods and straigt passages, wayting for advantages, it is his
Bedd, yea, and almost all his houshold stuffd. For the wood
is his howse against all wethers, and his mantle is his cave
to sleepe in. Therein he wrappeth himself rounde, and
ensconceth himself strongly against the gnattess, which in
the Country doe more anoy the naked rebelles, whylst they
keepe the woodes, and doe more sharply wound them,
then all their enemyes swordes or speares, which can
seldome come nigh them; yea, and often tymes their
mantle serveth them, when they are nighe driven, being
wrapped about their lefte arme insteed of a Target, for it is
hard to cut thorough it with a swoord. Besydes it is light to
beare, light to throw away, and, being, as they then
commonly naked, it is to them all in all. Lastly, for a theef it
is so handsome, as it may seeme it was first invented for
him; for under yt he can clenly convey any fytt pillage that
cometh handsomely in his way, and when he goeth abroad
in the night in free-booting, it is his best and surest frend;
for lyinge, as they often doe, two or three nights together
abroad, to watch for ther booty, with that they can prettyly
shroud them selves under a bush or a backe syde, tyll they
may conveniently doe their errande: and when all is done,
he can in his mantle passe through any towne or Company,
being close hooded over his head, as he useth, from
knowledg of any to whome he is indaungered. Besydes all
this, he, or any man eles that is dysposed to any mischeef
or villainie, may under his mantle goe privyly armed
without suspicon of any: carry his headpeece, his skene, or
pistole if he please, to be alwaies in a readines. Thus
necessarye and fytting is a mantle for a Badd man. And
surely for a badd huswyfe it is no lesse convenient, for some
of them that be wandring women, called of them Mona
shut, it is half a Wardrobe, for in Somer ye shall fynd her
arayed commonly but in her smocke and mantle; to be
more ready for the light services: in Wynter, and in her
travill, it is her cloake and safeguard for her lewde exercise.
And when she hathe fylled her vessill, under it she can
hyde bothe her burden, and her blame; yea, and when her
bastard is borne it serves insteed of all her swadling
cloutes. And as for all other good women which love to doe
but lyttle woorke, howe handsome it is to lie in and sleepe,
or to louse themselves in the sunne shine, they that have
bene but a whyle in Ireland, can well wytnesse. Sure I am
that you will think it very unfitt for good huswyves, to stirre
in, or to busy her self about her huswyfry in such sorte as
they should. Theis be some of the abuses for which I would
thinke it meete to forbidd all mantles.
Eudox: O evill
minded man, that having reckned
up so many uses of mantles, will ye yet wishe it to be
abandoned? Sure I thinke Diogenes dishe did never serve
his master more turnes, notwithstanding he made [it] his
dishe, his cupp, his measure, his waterpott, then a mantle
doth an Irishe man. But I see they be all to bad intentes,
and therefore I will joynn with you in abolishinge it. But
what blame lay you to the glybb? take heed, I pray you, that
you be not too busie therewith for feare of your owne
blame, seeing our Englishemen take it up in such a
generall fashion to weare ther haire so immesurably longe,
that some of them exceed the longest Irishe glybbes.
Iren: I feare not
the blame of any undeserved
myslyke; but for the Irish glybbes, I say that besyde ther
falstye, bruitishnes and fythines which is not to be named;
they are [as] fit maskes as a mantle is for a theife. For
whensoever he has runne him selfe into that perill of lawe
that he will not be knowen, he eyther cutteth of his glibb
quite, by which he becometh nothing lyke himself, or
pullethe it so lowe downe over his eyes, that it is very hard
to discerne his thevish countenaunce. And therefore fit to
be trussed up with the mantle.
Eudox: Truly theis
three Scythian abuses, I
hould fitt to be taken away with sharpe pennalties; and sure
I wonder howe they have bene kept thus longe,
notwithstandinge so many good provicons and orders as
have bene devysed for that people.
Iren: The cause
thereof shall appeare to you
hereafter. But let us nowe goe forward with our Scythian
Customes. Of the next that I have to treat of, is the manner
of raysinge their Crye in their conflictes, and at other
troblesome tymes of uprore: the which is very naturall
Scythian, as we may reed in Diodorus Siculus, and
Heroditus, discrybing the manner of the Scythians and
Parthians comminge to geve the charge at their battelles:
at the which it is said, they come running with a terrible yell
and hubbubbe as if heaven and yearth would have gone
together, which is the very Image of the Irish hubbub,
which ther kerne use at their first incounter. Besydes, the
same Herodotus wryteth, that they used in their battelles to
call upon the names of their Captaines or generalls, and
sometymes upon their greatest kinge deceased, as in that
battell of Tomyris against Cyrus: which custome to this day
manifestly appeareth emongst the Irishe. For at their
joyning of battell, they lykewyes call upon their captaines
name, or the name of his auncestors. As the under Oneale
cry Landergabo, that is, the bloody hand, which is Oneales
badge: they under OBrien call [Laun-laider], which is [the
strong hand]. And to their ensample, the old Englishe also
which there remayneth, have gotten up their cryes Scythian
like, as Cromabo, and Bulerabo. And herein also lieth open
an other very manifest proof that the Irish are Scythes or
Scottes, for in all their incounters they use one very comon
woord, crying Ferragh, ferrogh, which is a Scottish word, to
wyt, the name of one of their first kinges of Scottland, called
Fergus (or Ferragus), which fought against the Pictes, as
you may reed in Buckanan de rebus Scoticis; but as
others wryt, it was longe before, that the name of their
cheef Captayn, under whome they fought against the
Affricans, the which was then so fortunate unto them, that
ever sithence they have used to call upon his name in their
battells.
Eudox: Beleeve me,
Irenius, this observacon of
yours is very good and delightfull; far beyond the blynd
conceipt of some, whome I remember have upon the same
woord Ferragh, made a very blunt conjecture, as namely
Mr. Stanihurst, who though he be the same country man
born, that should search more nearly into the secreats of
theis things, yet hath strayed from the truthe all the
heavens wyde (as they saye,) for he therevpon groundethe
a very grosse imagination, that the Irishe should discend
from the Egiptianes which came into that Iland, first under
the leadinge of Scota the daughter of Phraoh, whereupon
they use (saith he) in all ther battailes to call upon Pharaoh,
crying Ferragh, Ferragh. Surely he shot wyde on the Bowe
hand, and very farre from the marke. For I would first
knowe of him what auncient ground of Authoritie he hath
for such a sencelesse fable, and if he have any of the rude
Irishe bookes, as it may be he hath, yet me seemes a man
of his learning should not so lightly have bene carryed away
with old wyves tales from approvance of his owne Reason;
for whether Scota be lyke an Egiptian woord or smacke of
any learning or judgment, let the learned judge. But his
Scota rather comes upon the Greeke Scoto, that is,
darknes, which has not let him see the light of the truthe.
Iren: You knowe
not, Eudoxus, howe well Mr.
Stanihurst could see in the darke; perhappes he hath owles
or cattes eyes; but well I woot he seeth not well the very
light in matters of more wayght. But as for Ferragh I have
tould you my conjecture onely, and yet thus much I have
more to prove a likelyhood, that there be yet at this day in
Ireland, many Irish men, cheifly in the Northeren partes,
called by the name of Ferragh. But let that nowe be; this
onely for this place suffyceth, that it is a word comonly used
in ther hubbubbs, the which, with all the rest, is to be
abolished, for that it discovereth an affection of Irishe
captenry, which in this platforme I endevour specially to
beat downe. There be other soarts of cryes, all so used
among the Irishe, which favour greatly of the Scythian
barbarisme, as their lamentacons at their burialles, with
dispairefull outcryes, and imoderate waylinges, the which
Mr. Stanihurst might also have used for an argument to
prove them Egiptians, for so in Scripture it is mentioned,
that the Egyptians lamented for the deathe of Joseph.
Others thinke this custom to come from the Spaniardes, for
that they do imesurably bewayle likewise their dead. But
the same is not propper Spanishe, but altogether
heathenishe, brought in first thither either by the
Scythians, or the Moores, which weare Affricans but longe
possessed that Country. For it is the manner of all Paganes
and infidelles to be intemperate in ther waylinges of their
dead, for that they had no faythe nor hope of salvacon. And
this ill Custome also is specially noated by Diodorus
Siculus, to have been in the Scythians, and is yet among the
Northeren Scottes at this day, as you may reade in their
chronicles.
Eudox: This is an
evill Custome also, but yet
doth not much concerne Civill Reformacon, as abuse in
Religion.
Iren: I did not
rehearse it as one of the abuses
which I thought most worthie of Reformation; but having
made mencon of Irishe cryes I thought this manner of
Cryinge and howlinge not impertinent to be noted as
uncyvill and Scythians lyke: for by theis old customes, and
other lyke conjecturall circumstances, the descentes of
nacons can onely be proved, where other monuments of
writinge are not Remayninge.
Eudox: Then, I
pray you, whensoever in your
discourse you meet with them by the way, doe not shune,
but bouldly touch them; for besydes their great pleasure
and delight for their antiquitie, they bringe also great
profitt and helpe unto civilitie.
Iren: Then
sithence you will have it soe I will
heare take occation, since I lately spake of their manner of
Cryes in joyninge of Battaile, to speake somewhat also of
the manner of their Armes, and Array in battayle, with
other Customes perhappes woorth the notinge. And first of
their Armes and Weapons, amongst which their broad
swordes are proper Scythian, for such the Scythes used
commonly, as you may reed in Olaus Magnus. And the
same also the old Scottes used, as yee may reed in
Buchanan, and in [Solinus], where the pictures of them are
in the same forme expressed. Also theire short bowes, and
lytle quivers with shorte Bearded arrowes, are very
Scythian, as ye may reede in the same Olaus. And the
same soart, bothe of bowes, quivers, and arrowes, are at this
day to be seene commonly among the Northern Irishe,
whose Scottishe bowes are not past 3 quarters of a yard
longe, with a stringe of wrethed hempe slackly bente, and
whose arrowes are not above half an elline longe, tipped
with steele heades, made lyke common broad arrowes
heades, but many more sharpe and slender, that they enter
into an armed man or horse most cruelly, notwithstanding
that they are shott forth weakly. Moreover, their longe
broad sheeldes, made but with wicker roddes, which are
comonly used amongst the said Northeren Irishe, but
specially of the Scottes, and brought from the Scythians, as
ye may reede in Olaus Magnus, Solinus, and others;
likewyes their goinge to battaile without armor on their
bodies or heads, but trusting onelie to the thickness of their
glybbes, the which they say will somytimes beare of a good
stroke, is meare salvage and Scythian, as you may see in
the said Images of the old Scythes or Scottes, set forth by
Hodianus and others. Besides, ther confused kinde of
march in heapes, without any order or aray, ther clashing of
swordes together, their fierce runninge upon ther enemyes,
and their manner of fight, resembleth altogether that
which is redd in all histories to have bene used of the
Scythians. By which it may almost infallably be gathered,
together with other sircumstances, that the Irishe are very
Scottes or Scythes oridgionall, though since intermingled
with many other nacons reparinge and joyning unto them.
And to these, I may also add an other very stronge
conjecture, which commeth to my mynde, that I have often
observed there amongst them; that is, certaine relidgious
Ceremonies, which are very superstitious, yet used
amongst them, the which are also wrytten by sundry
Authores, to have bene observed among the Scythians, by
which it may very vehemently be presumed that the
nations were aunciently all one. For Plutarch, as I
remember, in his Treatise of Homere, indeavoringe to
search out the truth, what countryman Homere was,
proveth it most strongly, as he thinketh, that he was an
Italian borne, for that in distributing of a sacrifice of the
Greekes, he omitted the [blank space] called [blank space]
[loyne,] the which all the other Grecians, save the Italians,
do use to burne in their sacrifice: also for that he maketh
the entralles to be rosted on fyve spites, the which was the
proper maner of the Ætolians, who only, of all the
nations and Cuntryes of Gretia, used to sacrifice in that
sort, whereas all the rest of the Greekes used to rost them
upon three spites, by which he inferreth, necessarily, that
Homere was an Ætolian. And by the same reason
may I as reaonably conclude, that the Irish ar descended
from the Scythians, for that they use even to this day, some
of the same Ceremonyes which the Scythians aunciently
used. As for example, yee may reade in [Lucian] in that
sweet dialogue which is intituled Toxaris or of friendshipp,
that the comon oath of the Scythians, was by the sword, and
by the fyer, for that they accounted these two specyall
devyne powers, which should worke vengance on perjurors.
So doe the Irish at this day, when they goe to any battayle,
say certayne prayers or charmes to ther swordes, making a
crosse therewith upon the earth, and thrusting the poyntes
of ther blades into the grownd; thinking therby to have the
better successe in fight. Alsoe they use to swere comonly by
their swordes. Likewise at the kindling of Candles, they say
certayne prayers; and use some other superstitius rightes,
which showe that they honor the fyer and the light; for all
those Northerne nations, having bene used to be anoyed
with much could and darknesse, are wont therfore to have
the fyer and the sonne in great veneracon: like as otherwise
the Moores and Egiptians, which are much offended and
greved with much extreame heate of the sunne, doe everie morning, when
the sunne rises, fall to cursing and banning
of him as ther plague and chiefe scourge. [Also the Scythians used
when] they would bind any solemne vow or
combynacon, to drawe a bowle of blood, together vowing
therby to spend their last blood in that quarrel, as you may
read in Buckhanan; and some of the Northerne Irishe,
lykewise: as you may also reade in the same booke, in the
tale of Arsacomas, that it was the manner of the Scythians
when any on[e] of them was heavily wronged, and would
assemble unto him any forces of people, to joyne with him
in his revenge, to sit in some publick place for certayne
dayes upon an oxe hide, to which there would resorte all
such persons as being disposed to take armes would enter
into his armes, would take pay or ioyne with him in his
quarrell. And the same you may lykewise reade to have
bene the auncyent manner of the wilde Scottes, which are
indeed the very naturall Irish. Moreover, the Scythians
used to sweare by ther kinges hand, as Olaus showeth. And
soe doe the Irish use to swere by their Lordes hand, and, to
forsweare it, hould it more cryminall then to sweare by god.
Also the Scythians sayd, that they were once every yere
turned into wolves, and soe it is wrighten of the Irish;
thoughe Master Camden in a better sence doe suppose it
was a disseaze, called Licanthropia, soe named of the wolfe.
And yet some of the Irish doe use to make the wolf ther
gossopp. The Scythians also used to seeth the flesh in the
hyde, and so do the North Irishe yet. The Scythians likewise
used to boyle the bloode of the beast lyvinge, and to make
meate thereof: and soe doe the Irishe still in the North.
Manye such customes I could recounte unto you, as of
there ould manner of marrying, of burying, of dauncing, of
singing, of feastinge, of cursing, though Christians have
wyped out the most parte of them, by resemblance whereof
yt might playnely appere to you that the nacons ar the
same, but that by the reckoning of these fewe, which I have
tould unto you, I finde my speech drawen out to a greater
lenth than I supposed. Thus much only for this time, I
hope, shall suffice you, to thinke that the Irishe are
aunciently deduced from the Scythians.
Eudox: Surely,
Irenius, I have in theese fewe
wordes heard that from you which I would have thought
had bene impossible to have bene spoken of tymes soe
remote, and customes so auncyent: with delight whereof I
was as it were all that while entranced, and carryed far from
myself, as that I am now right sorrye that yee ended soe
soone. But I marvayle much howe it commeth to passe,
that in so long continuance of time, and many ages come
betwene, yett any jott of those ould rightes and
superstitious customes should remayne amongest them.
Iren: It is noe
cause of wounder at all, for it is the
manner of all barbarous nacons to be very superstitious,
and diligent observors of old customes and antiquities,
which they receyve by contynuall tradicon from ther
parentes, by recording of ther bardes and cronicle[s], in
their songes, and by dayly use and ensample of ther elders.
Eudox: But have
you I pray you observed any
such customes among them, brought likewise from the
Spanyardes or Gaules, as those from the Scythians? that
may sure be very materiall unto your first purpose.
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