CELT document E600001-004

Discourse on the mere Irish of Ireland

Discourse on the mere Irish of Ireland

Prefatory Note

This text is an entended discussion of the ills of Irish society influenced by the writer's reflection upon the medieval Statutes of Kilkenny. It deals with many aspects of Gaelic society including poets, sports and geneaology as well as touching on the corruption of English government and law in Ireland. It was written in England sometime between the Flight of the Earls in September 1607 and the outlawing of Gavelkind in November 1608. The author is a Protestant born in Ireland. Although his name is not given, references to Philipstown in King's County may point to the same author as the Dialogue of Silvynne and Peregrynne. The importance of this hitherto neglected document was revealed by Professor Brendan Kane of the University of Connecticut who kindly made photocopies of the manuscript available to CELT. I have transcribed the document and my colleague K.W. Nicholls has checked the transcription. It is published here by permission of Exeter College Oxford.

Hiram Morgan


unknown

Exeter College Oxford, MS 154, ff. 55–74

Edited by Hiram Morgan ; Kenneth W. Nicholls

Discourse on the mere Irish of Ireland

Exeter College Oxford, MS 154, ff. 55–74 1

 p.1

 55rAt such time, as the meere Irishe of Ireland seemed to haue bin in the height of their strength, in their late generall reuolte, they consulted very seriously of some course to be houlden for reestablishing their conquered ffaction in their ancient proportions in sort, as they might foreuer after stand secure against the power of the English gouernment. Ffor this purpose the maine proposicion of their confederacy was that it was not possible for them to determine of any resolutions, by which they they might thinke themselues secured in their estates without continuall daunger, and feare of Surprise, soe long as the ould Englishe colonies which were planted their vpon the Conquest remained there vnremoued; And after long dispute and manie doubtes cast by reason of their affinitye and alliaunce with those of the old Englishe. And by reason that some of them did at that tyme adhere to their rebellious confederacy; yet all respects of honor, kinred and honesty forgotten and putte aparte. They haue concluded that it stood them vppon in pointe of necessitye, altogether to expell, extirpe and roote out all those old colonies of the Englishe. But this must haue beene in a qualified manner. And therefore first they sought amonge their croniclers and Antiquaryes for all the old Irishe ffamilies and septs and what possessions they held before the Conquest and this being reduced to a certainitie, euery Sept, and family were appointed to their seuerall anycient possessions, in whose hand soeuer the same then were, but such of those Englishe, as did then adhere unto them, they throught necessary to give them entertainment in the warres, but yet all must have loste  p.2 their landes. This wicked proiect was noe sooner diuulged, but straight the Multitude were amazed & affrighted with the terror thereof. And thereupon a Number of the meere Englishe names began to be altered and Metamorphosed into Irishe and manie did greate Reward to the Irish Croniclers and Antiquaryes aswell for inventing any Irishe name for them, as alsoe for publishing and setting forth a plausible pedigree for them from some great family eyther of the meere Irishe, the Spaniard, the Ffrench, the Egiptians, the Florentine, and such like or of anie Nacion in the World, saue onely England, soe odious the Name of English hath beene unto this Rascall Confederacy in those tymes But the omnipotent god who looked into, and sawe the wicked purposes of their heartes tourned this proiect to a quite  55vcontrary event, to that, was both ment, and hoped for by them, for the reuolted and degenerate English being deeply twitched with the immanity of the plotte, began to looke more warily to theme selves and to giue preuention to the diuelish designement, And hereupon most of them being reclaimed and receiued to her late Maiesties mercy, it pleased god to make happie and successfull end of those bloudy stormes.

The consideracion hereof did often stirre up my thoughts, to thinke, and learne out first the principall cause which procures the soe often revoltes of the meere Irishe and then of meanes most convenient, and least chargeable to his Maiestie that might best eyther altogether roote out that principall cause, or at least extenuate it in sort as it might be disabled euer hereafter to attempte anye daungerous revolte.

 p.3

The cause that moved the meere Irish to thinke that it stood them upon in point of necessity to banishe the ould English Inhabitantes of that kingdome 2, doth enforce the like opinion to be followed by vs against them. Ffor as they having but an Imaginary command, did thinke noe Waie soe convenient for their safety nor noe meane soe Compendious for the re-establishing of their confederacy in their ancient possessions, soe & converso, We having the absolute commaunde at this tyme must thinke that they and wee, for matter of gouernement, are two opposed contraryes, after theire Example which hauing sought the generall destruction of vs, to conclude and resolue, that eyther they or wee should be Rerum Domini.

Nowe to discouer the meanes, by which this Confederacy is to be suppressed, it is first convenient to our purpose to knowe the principall cause, and roote from which all the rebellions of the Irishry doe spring, and which prepares their resolucions soe often revoltes.

It is thought by some that twoe thinges doe principally stirre vp the heartes of that Nation to rebellions; Thone is matter of religion; And thother matter of oppression and iniustice, which the gouernors and officers of that kingdome doe sometimes vse, and wherewith they ouerchardge, and encomber the subiectes of that kingdome.

 p.4

But in my opinion their ouer weaning propensity to this rebellious inclinacion proceeds not from thone nor thother, but the maine and materiall cause that stirres theie rebellions, is a Nacionall quarrell and opinion where with the Irishe are carried to all enormities whatsoeuer euen against all modestie, conscience and duety, as in comparison thereof they hold all persons and matter whatsoeuer altogether respectles and most contemptible.

 56rThis opinative quarrell is the same, by which they leuell the scope of all their accions, and designes by which they distinguish themselues from thenglish by which they continue the Memorie of the Conquest wherein they haue been subdued by the English and by which they haue apprehended such impression of an irreconcible wronge, as they practise and plotte all manner of villianeis both by arte and force to repulse and shake of the English gouerment. And therefore whosoeuer will duely note the Accidentes of former tymes shall finde, that this onelie is, and hath beene the cause of their soe often reuoltes And that the name of religion is vsed by them, but for a colour or shaddowe or (for/of) their purpose, thereby to gaine the better opinion of all Katholike nacions of their accions and to give the better colour, and encouragement for the draweing in of a forraine Aide, ffor by pretending religion for their quarrel they give occasion to the Papacy and to Spaine to thinke well of them, and thereby maie procure some foreine aide. And by pretendinge matter of Justice against oppression and euill carriadge of officers thus carrying a showe of a publique quarrell of all the subiectes of that kingdome they drawe thereby a good  p.5 likeing of the generalllity of their pretexte, and by this meane will drawe vnto them a domesticall force, Soe as hereby it is evident the ground worke of this quarrell is couered with a faier seeming party caloured shadowe Sed latet Angius in Herba.3

This quarrelling opinion is bredd, as I take it of an Error by which theis fellowes are carried that his Maiestie and his progenitor kings of England haue had noe title to the crowne of Ireland; but onely by conquest which holde to be but a misconceiving of the histories. Ffor that the Conquest hath not given a better title to the crowne of England, than it had by hereditarie succession before as the histories will make plaine but for as much as it is conceipt hatched in the Braines of such as will not be perswauded easely to the contrary, and sithence this wicked opinative reasonous weed is fostered, and fed in them by manie secundarie notes of barbarisme, as yet verie much continued in that countrey it wilbe very necessarie to lay those open first of all whereby they may the easyer be removed; and pluckt vp at the roote, which being done, good fruite noe doubte will followe, and vnprofitable weed be turned to a necessary profitable plante.

Theis notes of Barbarisme maie be comprehended vnder theis fewe heads vizt the language and manner of speeche, the apparel and habittes, the throughe faire waies and passages and certaine sodalities of idle and unprofitable.

In the language and manner of speech besides their ordinary conversacion, theis euills are obserued the old  p.6 names of dignity of Signioryes Countries, and Lordships are still preserued the Watchword, Cry poysy  56vor motto of each great familie is continued, and the publique and moderne vse thereof doth stirre up and in kindle an opinion of a faction in them against the English. And theis being very prouidently foreseene by our forefathers, there hath beene very rigorous lawes prouided for the abolishinge of this language even in King Edward the thirdes time by a speciall statute called the statute of Kilkenny, and by other subsequent statutes inacted in that kingdome; The vse of the Irish apparel doth allsoe most specially insinuate this factious opinion into the heartes of that Nacion. And as the former doth prepare the hearinge, soe this doth possesse this sight with a perfect distinction by which that Nacion is soone discerned from the Englishe and all other Civill Nacions of the World and this was likewise meant to haue beene abolished by the former statutes.

The thorough faire waies among the meere Irish are but fewe, and those very straight, deepe, and dangerous, and allsoe verie vncertaine, for that in most partes they change and alter the waies once euery yere or twoe yeares, And theis are vsed as Engines, or trappes for undoing the englishe subiectes, nay the conceite is for a further mischief,for as by the former they be particularly distinguished in the apprehension of their exterior senses, from the english, and thereby possessed with a longinge desyer on tyme or other to shake of the Englishe gouernement soe by theis abusing of the passages and high waies their Imaginacion and iudgement is bewitched and carried with a conceite that the wantes of  p.7 passages and difficulties. 4 And the difficulties thereby procured for the safe thoroughe fare of an army may serue them in tyme for a notable fortificacion, and Bulwark aswell for defence, as offence.

The last of theis noates are certaine idle sodalities and fellowshippes which serue to noe vse, but to consume the commonweale to stirre mutinies, to encrease factions, and to inkindle, and continue among them the fyer of rebellion, disloyaltye, sedition and all kind of barbarisme. And let me boldie, and confidentlie saie it I doe verily thinke, they are likely to proue the destruccion of the englishe gouernement if they be not looked vnto, and the lawes that are already prouided against them duly executed. Of theis are manie degrees and kindes. One kinde are gentlemen and such as onely professe armes and theis commonly depend on the fauour of some great Man of Commaunde, or other, and their fashion of life, is to range from one village, to another, and to lieu vpon the poore husbandmen all day, and at night to burne, to steale, or Murder. This kind of idle generacion doe liue in such expectaction of warres, as labour they will not, but if anie man of note will vndergoe anie vnlawefull attempte be it euer soe wicked eyther againste the state or for the reuendging of anie priuate grudge or quarrel of his, theis fellowes are still at hand readye to be imployed in such diuelish offices.  57rAnother sorte are scholasticall felloweshippes, or fraternities, some professe the lawes I meane the Irish  p.8 Brehone lawes, other professe Physick, others professe poetry, and philosophie, other professe Antiquityes and cronologie, others professe musicke whereof some are for the harpe, and others to singe rymes, and Irishe ballades. And all these doe carrie such correspondence, and reciprocacion in their professions concerning their manie opposicions against the English gouernement, as they may be said to be but seuerall Branches of one stocke, or twoe, for howsoeuer they seuere in the professions and sciences, yet it is apparent that euery of them doth appropriate him selfe to the dependency of some Irish Lorde, and that they haue lands bestowed vpon them of olde by some Irishe Lorde, or other for the maintenance of eyther of theire professions. Which they hould at this day. Theis are they which doe recorde the remembrance of all the Notes of the Irishry in all ages. theis are the roote of this Nationall Evill and these doe most of all the rest keepe life in this opinative treasonous quarrel. And out of doubte the grauitye of their worthie Gouernors of that kingdome was not misledd, in pointing a remedy for the extirping of those fellowes by sharpe and rigorous lawes which are nowe soe much the more to be put in speedy execucion, by howe much the sinister Carriadge of theis factionistes pretend daunger to the state and gouernement of that kingdome, And that theis scholasticall sodalities are taunted (tainted?) with such daunger it maye be gathered by the ensueing circumstances ffirst it is apparaunt that they haue allwaies gotte their living, their landes, their freedoms and Immunityes which are very lardge and great by the Irishrye for their maintenance in theis prophessions, and it is as apparaunt that when the Irishry did florish then they flourished, And will anie Man Imagine But that  p.9 theis that were aduanced by the Irishry in all theis degrees and receaued such extraordinary benefittes by the greatenes of them will not by all meanes possible perpetuate, and reuere the Memorie, and actes of them and will not excogitate and deuise all courses and waies whatsoeuer to encrease and magnifie them, and bring them to their former estates and dignityes.

Further out of their common practise this is made evident and that in three degrees, ffirst by praysing and extraordinary commending, and extolling of the actes of the Irishry be they euer so wicked especially such as are and haue beene eyther practised or executed against the English, they stirre up their desires and kindle their imaginacions and thoughts with such long nigh to attempte the like as is past compare. And surely their course of proceedinges in effecting this is worthye the  57v considering for that theis extollinges are commonly in poetrye, and at all their assemblies eyther for marriadges, burialls, or otherwise their harpes must attend and play and one of theis poetes or Antiquaries sitte by, and this fellowe having acquainted some one of the house and with his purpose and by that meanes, the gentleman of the house or some of his guestes, harkening after such matters having notice thereof, must entreate this fellow very earnestly to sing to the harpe and by this devise having stirred an expectacion in all the assemblie of some great matter they procure such attention of hearing as though it had beene a sermon. And then they begin with some divine matter, or ther, but after they proceede to their praysing rymes, which surely and must be the cause of a number of great Evills.

 p.10

The second is the prophesies And of this kind they haue soe manie, as is a world to heare, but all come to this end, that the Irishrie are to be restored one daie to their ould dominacion and therefore their propheticall obseruacions as are such as be provided for euery age, soe as they haue prepared their malignant waies to whetten the spirittes of that Nacion from tyme to tyme, from age to age to rayse newe tumults and mutinies against our gouernemente. And by noething more then by this presaging humor, I coulde recounte manie particuler instances of this kind of tymes past, which for breuity I doe omitte, and will onely touché one which is nowe whispered by this subtill generacion, and divulged in all partes of that kingdome, concerninge the Traitor Tyrone, of whome it is said, and deliuered, with extraordinary confidence that shall giue an irrecuperable ouerthrowe to the English at Cashell and there be slaine himselfe and that one Ballderreg, (which is as much to saie) as a redd spott descended from the house of O donell, shalbe chiefe Ruler of that kingdome And this last they attribute to a sonne of Caffer Oge O donell, whoe was borne with a redd spott vpon him and is nowe beyond the seas with the fugitive Tyrone and if these be not preparatives for mutinies and rebellions I am much deceiued.

The third is historicall, or chronicall, and is a notable devise and that assuredly is meant for twoe purposes, one for the continuance of the Nobilitye of the Irishrie and the second for strengthening and multiplying of their faction. For the first it should seeme they did misdoubte, that all the Nobilitie, and better sorte of that Nacion should be cutt of, and therefore least there should be wanting of that kind one of sufficiency to undergoe that Nacionall quarrel, they haue incorporated all the churls and baser kind of labouring men of that kingdome into their bloude royall,  58rand for proof hereof let any man make tryall when he list, he shall learne by questioning with theis factionistes, that all the churls and clownes and labourers of that Nacion are descended, lineally from some one of the old kinges of Ireland.

For the next they haue obserued that a Number of the old Irish families haue rooted out quite, soe as the ffaction is much enfeebled thereby therefore to supplie this defecte they drawe in a number of the English families, and haue framed out handsome pedigrees for deriving them from the Irishry and at such time as the Irish rebelles doe growe to anie head, or strength in time of hostilitie each of theis English families are impropriated, to some of other family of the Irishry, and that the cheife of that Irishe familie seemes then to claime that other English to be descended from him; and this by procurement of theis Antiquaries: and of this kind are the Barnewells whoe are impropriated to the Birnes, the Nugents, the Eustaces Plunketts and Powers to the Bryens, Rothes and manie others. And beleeue I did obserue in the last rebellion and generall reuolte of the Irish, that one O Castally was drawne by a traine from Coneighe to the partes of the County of Kilkenny to claime the familie of Rothes of Kilkenny to be descended from his house. And where the fury of the warres continued Mr Robert Rothe of Kilkenny was then called commonly Robert O Castally, and some that belonged vnto him would take it offensiue  p.11 to heare otherwise called at that tyme And I haue knowne in those tymes that certeine of theis Irish Croniclers haue beene well rewarded and sundry rimers, and woomen imployed to divulge how he ought to be called by that Name onely And yet the Costallies are descended from the ould English. And the first of that name being named Calistonus de angulo 5; from whom all the Nangles are descended in the time of the lamentable vproares, and civill discords which continued betweene the famous houses of Lancaster and Yorke, the posteritie of this Calistonus did become degenerate and did change their Coppie: And by helpe of theis Chroniclers, (the firebrands of all these broyles of that Nacion) haue conuerted the Names Calistonus to Costally, And verily of this kind, there are very manie in all the partes of that kingdome who in peaceable tymes carry their right names and in times of hostility, and Warres, they beare their other names soe as they be as limmer as Eales and as apte to change their colours as the camellion. And all this proceedes from theis Assiaticuates 6  58vof Satan whoe are encreased at this tyme more then euer in my remembrance they were and I doe the rather desier, that some speedy course may be taken for them for that they nowe assemble themselues together in schooles and teache theire profession with more liberty, then euer was permitted before, yet I hold with Cicero that Neminem negligendum in quo simulachris spectamus virtutis And therefore because their bookes and Antiquities may containe matters worthie the Noate, I could wish, they should be seised, and carefully translated, into English  p.12 and then burnt, and the professors verie carefullie dealt with, that they shull (shun) the same hereafter. Theis Artisans require to be the rather looked vnto, for they haue gotten a marveilous good opinion amongst the best families of Pale, in soe much as there are of them, that bestowe much time in studying and reading those Irish cronicles and Prophesies nay their affections are soe inchaunted by theis meanes with an expectacion of the eventes of sundry of the prophesies formerly mencioned tending to the destruccion of the English gouernement as greater euills may followe if carefull prevention be not provided. The cunning proceedings of theis fellows hath impressed soe good an opinion in the best of the old English of that kingdome, and in the vulgar multitude as their devises and sleights are carried so covertly and with such secrecie, as they seeme to be of noe noate at all, and therefore neuer much thought of, nor sought after for correction, but sythence it is nowe maniefest that they are the cheife fosterers, breeders, releivers and mainteners of this treasonous quarrell, and that they carefully hatche and in kindle the fier of rebellion and doe continuallie from time to time add and minister fuell thereunto It is high time to improve the providence of our forefathers, and to drawe newe fruites from those ancient groundes they haue purchased for vs with the deerest bloud of their heroicke aduentures and registred in the faithfull remembrance of their records, being the true extractes and quintesisence of their experience and painefull studys which doubtles had they beene vsed according to their meaning, and as the eminency therof importe this reckoning had beene perclosed long since. But the heartes and mindes of our gouernors were ouercome with a vaine pittie which haue fitted theis scapelinges (strapelinges)  p.13 with an opportunity to worke much mischiefe in euery age. The example of theis doth cause alsoe that all the scholemasters, that teach the Lattin tongue in most partes of that kingdome doe nowe expound and conster (construe?) to their schollers in the Irish tongue (a thing neuer much vsed, vntill this latter age or tymes).

 59rAnd for that I houle theis to be forerunners of further inconveniences it were very fitte, and necessary to suppresse them in their beginning I call them beginninges because they doe initiate a comtempte of the professed language, and civilitie of England, and the sequele must surely be to continue and encrease in contempt of all the degrees and pointes of the English gouernment by litle and litle vntill they haue perall, which God forbidd.

Another kind of theis Sodalities are a rougueshe kind of people some are stoute beggers, some are professed whores, or common woemen, and are therefore called Trauailing woemen, some kerroghes or gamsters, other counterfeite fooles or Jesters others are messengers, and carriers of letters and the like and all theis doe continually travaile from ffeast to feast from meeting to meeting, all the kingdome ouer, and are neuer permanent in any one place, and they liue onely by begging, and that in such a fashion, as they will constraine men to be leberall vnto them, eyther by railing or otherwise but vnder pretence of this covert of beggerie this poison is much inhaunced. Ffor, if anie matter of negotiation be a foote, and purposed to be spied ouer amonge all theis idle iealous broode, or if anie noueltie eyther forraine or  p.14 domesticall be stirring, or if anie revolte or tretherous attempt be intended theis be the instrument, that doe whisper them at all tymes from one to another of all the Irish faction. Theis be the conduites that carry and convey theis Evilles from place to place, theis doe divulge and scatter this reprobate opinion in euery corner of that kingdome and theis doe ioine theis fierbrandes together and helpe to make vp a formall fyer of all manner of treasons and villainies, Nay theis are often vsed to sett townes and villages on fyer in the night tyme whereas they be harboured for pitty and commiseracion of their pouerty. And in tyme of hostility theis doe relieue the rebelles with victualles and munition and doe serue for espials to give all possible intelligences to thenemie of anie proiect intended against them. And out of doubte this kinde of generacion is very much vsed and sett aworke by thother literate fellowshippe for conveying of all their divelish devises into all the partes of that kingdome and the prouidence of our ancient fathers hath not neglected to provide prouentions for their malice and convenient meanes and waies to suppresse them.

And nowe that the cause which doe so mainely and soe often stirre the Irishry to this rebelling humour is layed open and that the roote which giues nutriment from tyme to tyme  59vvnto this cause is discouered, it remaines nowe to hewe downe this diabolicall plant at the roote and to find out the waies most convenient for the suppressing and extenuating (exterminating) thereof without anie great Charge to his maiestie.

 p.15

The wisedome of our forefathers vpon the first English plantacion in that kingdome hath foreseene that this Nationall opinion would in euery age vpon all oportunityes stirre vp newe broyles in the posterity, and for that cause hath found out twoe waies by which this scarre maie easily be remoued.

The first is a generall and personall subuersion, subplanting or extirpacion of all the meare Irishe, and for this purpose it was necessary they should remaine distinguished from the English in all respectes. And therefore certaine lawes haue beene made that they should not intermarry with the English nor thone should not foster to thother and that the English should not conuerse or traffick with them nor keepe anie concubines of them But this distuking of some sparke of twoe much cruelty which is forbidden in any politique gouernement, was not soe duely prosecuted, And though vpon a conquest or general reuolte, the same might be accomplished with best convenience, yet when all are reputed subiectes and receiued for noe lesse, Reason requires their gouernment should be accordingly And therefore this suppression and extirpacion must be formall, and not actuall, for we haue seene by thexperience of latterdayes, that some having been imployed in some matters of gouernmente, in that kingdome haue attempted some bloudy executions which though perhaps the desertes of some might meritte noe lesse, yet they haue not beene handled in that course which Justice prescribeth, and therefore such haue beene greate causes of much mischiefe that might followe and the Executioners wee see are after a sorte disrooted soe as of the most, part of them, there is scarce a memory  p.16 lefte and such as are lefte, are of such abiect condicion and of such disrepute with all men, as surely it doth giue iust cause to thinke, that their crueltie hath deserued, that the heauie hand of god should light vpon them, And for as much as actes of Justice require to be iustly carried least anie imputacion of injustice might blemishe their worth, I shall I hope rippe vp nothing herein; but that shalbe agreeable to the lawes, and Justice of that kingdome and therefore as I haue formerly said I belieue this snarring conceipte may easily be distinguished in a milder manner, which may be tearmed a formall supplanting of the Irishrye; and this may be done twoe waies thone to adnihilate in generall the customes and manners of the Irishrye  60rthe other to dismember them of those helpes and assistances they haue in tyme of warre, concerning the first it is to be observed that this Nationall opinion being the principall cause, that hath at all tymes stirred the heartes of the Irishry to soe often revoltes and this opinion receiuing his initriment (increment?) from their usages, customes and manners and theis usages customes and manners being preserued in life principally by the sodalities and the other remembrances of the barbarous obseruacions of the Irishry formerly mentioned our first recourse to hewe mainely at this roote, from which all this evill is derived, whereof having sufficiently spoken, allready it falles nowe in ranke to discourse of theis usages and manners, as were our intended purpose as we can.

Theis usages some concerne their possessions and landes, and some concerne their exterior carriedge, and condicion, concerning their landes, The Customes of Tanistry and Gavelkind the custome, that noe mans wife  p.17 shalbe endowed of land are so forced with enormityes and inconveniences, as must drawe a necessity to procure them to be abrogated, and abolished foreuer for whoesoeuer will enter into a true scrutinie of the Natures and qualities of theis Customes shall plainely see, that they be but mere trickes and devises to maintaine and continue the Irishrie in their greatnes, and may be fitly termed preparatiues to make and incourage them, to reuolte, and rebel against the crowne of England ffor marke but that of the tanistry. Ffirst he that must bee the chiefe lord must be the valiauntest and stoutest of that familie or howse, And besides this, this valiauncy must be determine amongst all the familie, soe as euery chieftenshipp of euery family is by this meanes made elective nowe consider what manner of preparation this is for rebellion. Ffor the custome being thus euery one of that familie being as likely to be the best, as another will strive to advaunce their owne fortunes aboue the reste, and by this emulacion they become wonderfull active, in Exercise of Armes, and thus the chiefest of all must of necessity prove exquisite, Soe as they wilbe sure neuer to want a leader or gouernor in all their attemptes. And further this elective power and custome is doubtless a mere coniuracion and conspiracy against the Crowne for as all the familie ioynes in this election, soe they Joine in an oathe and fast vowes of obedience to the elected in all matters, which prove the more daungerous therefore and the execucion (exclucion?) of woemen from their dower is onely to drawe all the possessions with anie diminution in the hands of the elected thereby to enable him the more in all his purposes, and for the Gavelkind custome, as they vse it, it is but a kind of tenancy at will, or villenage, for the cheife of the familie may racke them at  p.18 his pleasure, and cause them to pay what he list, But the true cause of that diuision among soe manie is onely but for Encrease of husbandry and for encreasinge the  60vhabitaciones and tenancies among them and to conteine them within the limittes of that Signiory, and not range to inhabitte els where, soe as thereby, there is a double commoditie to the Lord, for his revenue, is thereby encreased, and if occasione of stirres be offered, then the whole familie are sure to be found together to give their attendances and assistances. And then consider how mainely this possessary custome doth reinforce this nacionall quarrell, but by whom is this conspiring knotte, thus knitte, and made vp, through those verily it was devised, and found oute by some of those reprobate sodalities I haue formerly specfyed and principally by the Brehunes, and the professors of the Brehune law; for notwithstanding that this Brehawne lawe, and the vse and practise thereof is prohibited by a speciall statute in Ireland, yet it is certaine, that this principally and other customes of the Irishry doe keepe lefe in it still thus farre, that all the controuersies which doe arise concerning those customes haue beene for the most parte, and nowe are usually determined, and devided in private, by theis Brehawnes, ffor none els, but they alone cann directly tell or discouer the Nature, or quality of theis customes and questionells the makers of that statute by which this lawe is abolished, did meane alsoe that all the customes which did depend vpon the deciding of that Lawe, should be likewise forbidden and anulled thereby; otherwise they would not have overslept soe inconvenient a matter without prouiding a remedy therefore, And this Custome besides the encouragements it carries with it for raysing of Tumultes and Broyles for  p.19 continuing of this quarrelling opinion and for inabling of and fortifyeing of them, in their evill purposes and accions, it doth plucke away from this Crowne twoe maine braunches of the revenewe thereof, that is, that none of theis lands can escheate to the crowne, as long, as anie of that name or familie is remaining, whether he be Bastard or legitimate neyther is the king to haue anie wardshippe of anie, because that theis landes doe come in succession, vnto the possessor and not by hereditary course of discent. Soe as this being the knotte of coniuracion, and rebellion fastned and made vp by the cunning invencions of theis Artisans, theis lawe making Brehownes, I hope our most successful Alexander will one daie unsheathe his Sword of Justice, and at an instant cut in twoe, and sett loose this knot of Gordnis. Manie things more more might be said to enlardge, and amplifie a discourse vpon this ground But because I purpose to be briefe, I will onely Summa Segui fastigia rerum. The usages customes, and exterior cunning of the Irishrie consistes of sundrie kindes some concerne their consultaciones, some concerne their dignities, some concerne their apparell and language some their sportes pastimes and recreacions their idle vaine and barbarous dispositions And some concerne their relief and proteccion And forasmuch as all these are meere drawne from the meare Irish and onely proper  61rfor them, and not to any other nacion in the world and therefore doe most notoriously distinguish them, from the English, for that those being exterior markes and noates by which to the outward apparance, they doe continually segregate themselues from vs, it followeth that theis must likewise continue and encrease this quarrelsome opinion in them soe as they must  p.20 receaue a meade 7 with the rest. Therefore to discend to a further consideracion of them. First for their consultacions those are onely done in their meetinges vpon some hill or other. And this hath beene soe much in vse amongst them, as euen at this daie all or most of the sheriffs of that kingdome in Imitacion thereof doe keepe their twoe (turne) courtes, and their County courts upon hilles and such open places, in the open feildes Theis meetinges and assemblies vpon hills doe often occasion manie euills and enormities for howsoeuer theis meetinges be pretended for some publique goodes, It is experienced that the opposite contrary doth commonly followe, for that the oportunitie of theis remote places doth possesse them with a conceite of Secrecy, to smother their designes the Better, soe as they may deliuer their mindes there with more libertie and freedome, and effect their purpose with less suspicion [than if] their metinges and assemblies had beene in townes, and thus all their conspiracies, coniuracions and treasons are vsually plotted, prepared and concluded for which cause, and for that theis assemblies are commonly vnlawful when they be not guided by supreme Authority. It is very necessary they should be straightly forbidden and seuerallie punished and the rather that they be but obseruacions of the meare Irishe.

The usage and custome of the Irishrye in preserving and continuing of their dignities is doubtless marvallous potent for exasperating this peevish Naconall conceite in all exorbitant courses whatsoeuer against the ciuilitie and  p.21 gouernement of the English. Ffor all the Irish names of dignity are marked in the Beginning with O or M. and the English families that are then the cheife of the familie is marked with an Aghe in the end of a special Irish note, by which as by a certaine kind of vaine glorious obseruacion, they invite the English to be Irishe with them. And assuredly the Irish take a marveilous pride of theis names in soe much as they seeme, to hould in scorne all the names of dignities or honours whatsoeuer in comparison of them. And therefore at this daie such of the Meare Irishe as are raysed by his maiestie or his progenitors to anie place of honour, doe notwithstanding reteine their olde names, and wilbe better pleased to be called after the Irish Name then after the other. And the reason thereof may seeme by all likelyhood to be this. Of old tyme that kingdome was gouerned by a Pentarchy and euery of the fiue kinges were electiue, and not hereditary soe whosoeuer did carry his name of O. or M. might sometymes fortune to be chosen king  61vAnd the memorie of this hath hatched such an opinion, and conceite of ambition in them, as even as this day they attempt it the highest steppe of their fortunes to be called after the old maner, soe as herein is manifested howe fast this nationall opinion is by the vaine glorious conceipte imprinted in the heart of this generation and of what force this humorous Ambicion is to carry them, beyond their limittes and duetyes, to all kind of reprobate and disloyall courses. And therefore this kind of dignitie being prohibited by statute in that kingdome doth minister motives sufficient to turne the edge of the Sword of Justice against it, Another ceremonie they haue, by which these Imaginary dignityes are very much kept in  p.22 vse, that is each of theis families haue to themselues some Motto or other, as the families of Oneale haue taken for their Motto, Lawe Dergabowe and at such time as anie of that familie or of their families is Iniured or oppressed, he breake out presently into a maine Crye, and Cryes Lawe Dergabowe. In my conceipt a mere heathenish and diabolicall obseruation for when in those tymes of distresses and difficulties the maner is in all the partes of Christendome to call for the helpe of God, or of some one of his saints there onely they call to their helpe and assistance this prophane terme, seeming thereby to theoryse and deyfie (deify?) those families, to which the same is appropriated and truly it is strange to behold, what sleights and cunning they vse to drawe the English families to their lure, for there is not one familie in that kingdome but (of?) the English but it hath some such idle terme, or other assigned vnto them, which theie and their families doe vse, at this day vpon like occasions. And theis termes being maniefested ungodly and mutinous and being alsoe abolished by thancient lawes and statutes of that kingdome requier, that the rigor of those lawes should be extended against them.

The vsuall kind of apparell and maner of riding customably vsed among the Irish, as it doth distinguish them most apparently in their exterior partes, from the English it is verie like it doth noe lesse in their opinion and Iudgement, and we maye not take them for idle buzzes, what our grave and provident forefathers haue lefte recorded to their posterity for discarding this kind of habitt, and attire out of that common weale But lawes and statutes serve to litle purpose when they be not executed with effect. And the careles neglecte of the  p.23 governors of all degrees in that kingdome in all ages hath given scope to this kind of apparelling to creepe into all partes of that commonweale, soe farre as euen the cittyes and townes haue runne to farre, and to long in the vse thereof, It wilbe therefore high time to looke to it, and the citties and townes the Nobility and gentry, of that kingdome must be first delt withall for this matter, And doubtles the Alteracion will be sone effected, if the Justices in all partes of the kingdome doe take good care that the forefeitures and penalties provided by the statutes in that case enacted be duely levyed executed and performed  62rAnd this alteracion must not be in one part of their Cloathing, onely as some may see, some perhappes will barrowe a cloake rather in scorne and mocking of the English, then otherwise, and in his other apparel will goe more like an Anticke then one fitte of anie Ciuill Society or Conversacion. Therefore this alteracion of Apparell must be in all kind of Attire, euen in their Brooges, and the like least at anie tyme hereafter there should be a Retrospect or anie memorable Note thereof, And it will not be sufficient, that the Nobillitie and gentry doe make the wearing of the English apparell temporarye, as to weare the same onely in tyme of Sessions and the like, but the same must be a Contynuing wearing, and to procure this conformitie in the Nobility and gentry, and in the citizens and their wives will prove a plaine Foperye, and a labour lost, if the Attire of all the theire servants children horseboyes and pages be not likewise performed. And trust me it seemes oftymes very marvailous strange to me how farre thenglish families of that kingdome and especiallie those that reside in Cittyes and Townes haue degenerate in this onely part of  p.24 Apparell, and in their manner of ryding, when I did consider what lawes and statutes were made for reforming the same, in the Irish and for drawing the to the vse of the English apparel and rigorous penalties, and punishments which were limited by those lawes for disvsing the same, or wearing of anie other And for as much as intestine tumults and civill dissention and warres haue introducted, this Barbarisme in some continuance of time, and that those Tumultes haue been raysed by occasion of this nationall Treasonous opinion. Soe this most successful tyme of peace, framing an opportunity for quiet to our purpose will I hope, reestablishe theis English Rightes vuages, and civill conformities throughout that kingdome entirely, especiallie of theis, or better courses shalbe effectually prosecuted and this Nacionall distast totally disrooted.

This Nacionall distast, as it is very much fedd, and continued by occasion of the barbarous and vncivill discrepance, of the apparel of the Irishrie, soe it is very farre more encreased, and kept in ure? by the use of the Irishe language, for the first doth operate by silente an[d] dome (dumb?) mocions and motives, but this is the drum and Alarum Bell, that summons an assembly of all their rude and barbarous observacions, that whettens their Imaginaciones and thoughtes against the English gouernment this is the syren Melodye, whose allurements and fallacies drawes this silly people to the high way of perdicion, this is the Sycophanticall Eloquence, that exaltes and puffes vp the conceit of that Nacion with such foolies (follies?) and vaine glorious aspiring Ambicion, as doth drive to vnder goe and attempt anie Wickedes whatsoeuer, to shake of the commande of the  p.25 Crowne of England, this is the charme  62vby which the seditious sodalities formerlie mencioned doe worke all their inchauntmentes and villanies to inkindle, and rayse tumults and vprores, and to stirre this nacion toe soe often reuoltes and precipitant courses. And the meane to take away the vse of this Irish language, is first take away the professors, and teachers thereof, whereof I haue formerlie made relation, and for that theis professors doe hold great possessions and lardge territoryes which were given them by the ould Irish for their maintenance I think it will doe well to entitle his Maiestie to those landes which I hold may easily be done, in on course or other, and then to seize them into the kinges handes to be otherwise disposed of, And howesoeuer it falles out, I doubt not but both their Evill Carriage, against the state, and gouernment, and the Continuall vsingg and teaching of the Irishe tongue, as alsoe their nonuser of the English language, as is prescribed by sundry statutes in that kingdome will yeeld sufficient scope, and meanes to cutte of the whole crewe of them, and to expel them like rotten sheepe out of the fould of that Commonweale, next for that the vse of the language hath crept with a marveilous facillitye into the most partes of that kingdome and is become more familiar in the Citties and Townes, then the English tongue the Citties and Townes must be first dealt withall: That none shall speake that language in anie of their publique meetinges or assemblies and that by speciall letters and proclamacion from his maiestie, they be forbidden the publique vse thereof vpon paine of forfeiting their libertyes And such scholemasters as doe teach in any parte of that kingdome eyther the latin tongue or anie of the liberall sciences shalbe restrained to  p.26 make any publique exposicion in Irishe. And in al legall proceedings that none shalbe suffered, to vse this language save onely in matter of witnesses, of meritable necessitie, soe as he that can speake no English must be sure of one that speake the same, to speake for him, this Course will much further the Extenuating (Exterminating?) the moderne vse of that language, and especially if the Nobillitie, be delt withal that they keepe none about them, but such as doe speake English But the wit of man cannot devise a better meane to effect this to a desired purpose, then hath beene prouided by the Ancient statutes of that kingdome for by those statutes, all the Incumbents of all the personages and viccaridges of the whole kingdome, are prescribed to be eyther English, or such as can speake thenglish tongue, and that euery person, and vicar in all the pareshes of the whole kingdome should keepe a Schole, and teach the English tongue and all the children of euery paresh should be trayned in that sorte by euery Incumbent. And further if any were soe obstinate, as would not learne, or vse thenglish tongue, and habitt, his Immediate lord, of whom he held his landes might seize vpon all his landes and keepe by way of distresse  63rvntill he had entered into recognizances with good suertyes in one of the fower generall courtes of that kingdome to vse the English tongue and apparell, and none other, and if he had noe land he was to be punished by imprisonment, as farre as I remember. And thus the provident and restles cares of theis old daies haue descouered and provided rich and commodious grounds out of which the wealth and safety of that gouernment may be duly wonne, if we proue good husbands and by our labours and improuementes doe roote and harrowe  p.27 out theis creeping weedes and thistles which doe give Impediment to the kindly springing, and vegetable of this most successful peaceable late gotten quiet, and doe keepe backe the aboundance of fruitfull yeild, which otherwise by carefull gayning of theis groundes might easily be reaped, I feare I haue dwelt to long vpon this text; But sure I own, too much cannot be said neyther doe I thinke it a vaine wasting of tyme to bestowe extraordinary time to meditate, and seeke out the best waies and meanes by which this language, and the vse thereof might be cast into obliuion considering what hurtfull Evilles it yeeldes, and what pernicious dangers it stirres in all ages, and tymes against the Crowne of England. And if the Serpent be prescribed to be killed in the head doubtles the heades of this Serpent are those reprobate sodalities I haue spoken of, and are as many in Number, as those of Hydras, and this is the stinging tongue that poysoned the Member, which I doubt can neuer be truly dismembered from theis heades without a totall perdicion of all other Customes the Irishrye have, which may prove dangerous in suddaine attemptes and theis are light sett by, because they seeme to be but recreacion or sportes, some are proper to their kierne, as dauncing with naked swordes, some to their Musitianes and minstrelles as their Bagg pipes, their harps singing rymers, and Bards, some to Iesters and counterfeite fooles, which they will Owlowry. Some are common to all sortes, as their running at a ball, with a hurlett, and coyting of stones, some to great men Nobilittie and gentry, as their great huntinges and all or most of theis are expressely forbidden by statutes enacted in that kingdome. And surelye as their be devises to gather assemblies, and to keepe them in exercise of Armes, soe  p.28 they be plaine inhabillmentes for suddaine assaultes, and surprises, especially those sword daunces, the hurlett coytes and bagpipes, and very manie markes, and notes which preserue th memory of the Irishry. But for the harpers, rymers Bards and Jesters they be the spurres that drive them in a carreare into all Enormityes, And they doe soe strangely insinuate into the good opinion of all sortes, as by that meanes they may prosecute, their sleights and devises as they desyer, soe as besides their dailie and howerly whisperings of this nacionall desperity which they doe practise in euery corner vpon all oportunities they doe likewise serue for espialles for the Irishry as well for discouering of anie proiecte or matter of service intended against them, as alsoe of oportunityes for the Irishe to execute anie of their wicked and malicious purposes  63vTherefore the vse of the Irish harpe and singing of Irish songes is fit to be forbidden, and is not convenient to be suffred, in that commonweale together with theis idle Iesters, Bardes and rymers which of latter dayes are marvailously encreased, and doe range vp, and downe with more libertye, then euer was suffred, and it hath beene observed that theis hath beene euer the forerunners and presages of revoltes and rebellions in that kingdome. And believe me when I did fortune to pervse the Statutes of Ireland which did forbid the permission of theis Grassopers in the Common weale, and allsoe the vse of the hurlettes and quoittes it put me into a deepe studye and did wonder what reason moued the gravitye of our forefathers to be soe curious to provide remedy for those light, and idle matters But at last I did find out that the Inconveniences formerly touched were, then experienced by those grave men; and  p.29 for the hurlettes and quoittes this may seeme to be the reason; Theis kindes of pastimes are in their kindes but sheppheardly sportes, and used most of all by herdes Men and the herdsmen amongst the Irish which keepe their cowes, their stod meares their swine, and sheepe, are altogether most commonly of the best bloud and discent amongst them. And theis kindes of herdes doe often meete in great companies vpon hilles, and mountaines, and vppon greenes neare great Townes, in the Eveninges and doe vse theis Kindes of sportes very much; And if they be disposed to committ any outrage vpon the sudden; soe their companie be of any number, as commonly at such hurleis, as they call them, you shall see three hundred together and more theis hurlettes and stones may serue them for Armes on the sudden, and by this meane they may surprise, most places amongst the English, for commonly theis sportes are vsed in Eveninges when the Towneshippes doe goe abroade to take the Ayre, are taken themselues to rest. And I doe remember in my owne memorie, that great Executione haue beene done with some for the company of foote, of one Captaine Peerce was ouerthrown in the open field, and all killed in the warres of Desmond onely with stones, and that by fewe companie, And this happened neere Lismoore. And for that it is possible that this pastime may become daungerous, I thinke it was not amisse to provide preventions for them, and the rather for that they be very precise markes, by which the memory of the Irishe is reteyned. But their great huntinges doth verie much innovate, and continue this rebelling opinion and conceipt in them, for though the hunting of Bucke and Stagg be a commendable exercise for Noble and gentlemen and that the hunting of the Wolphe and Fox be  p.30 likewise commodious for the Common Weale, and that I doe not intend to condemne soe laudable a Recreacion, being vsed as it should be, yet I must altogether dislike the shaddowes that followe theis Exercises, and the manner how they be carried in these partes. And it is not be lefte vntould that when statutes or lawes are made in any Common Weale against anie Enormitie that pretend preuidice  64rto that gouernment straight the offendors will deuise coulours and find out evasions, whereby they may not Incurre, the daunger of theis lawes Therefore you shall find that in the kingdome of Ireland; It hath been a custome among the Irishrie to cesse the horse, and foote their dogg houndes and their dogg keepers vpon the gentlemen and husbandmen of that kingdome in all partes and this custome was soe pleasing to the great and noble families of thenglish that first came, then vpon the Conquest, as partly they tooke hould of it, and made vse thereof for a long tyme at the last the comber of theis cesseinges being growne to an extraordinarie chardge to all the subiectes of that kingdome and the oppressions and outrages exercised against the subiect being beyond all measure, seuerall lawes were provided in seuerall kindes for that theis kindes of oppressions and cessementes did serve for more (noe?) kind of good but onelie to mainteine Idlenes to relieue the wickedest members of the common weale; and to swell vp the conceites of a fewe potent men with exorbitant pride, but theis lawes were noe soner promulgated and established, But straight they found a starting hole to escape the daunger of the Lawes and yet contynued in their mesgouernement and lewd custome, ffor when the statute did forbidd to cesse the subiect with horse or foote, or to chardge them with horse or foote, it  p.31 is true non? would cesse but howe then theis hangbyes would of themselues without anie cesseing exact of the subiect coyne: That is meate, drinke, and money, and for their horse they should haue livery, that is certaine preparacions of certaine sheafe oates, which is commonly twenty foure sheaues for each horse But this Euill being continued by this sleight seuerall statutes haue bin made for the abolishing this conees and liueries. The one made the same felonie, and the other made the same high Treason And yet the common weale is burdened and thoroughly ridd of this consuming Evill some fewe potent men thereby being feed, in a lustye humor of pride, and the idle improfitable and wicked sort of people, of that kingdome manteyned in their Idlenes and lewd Carriadge, and the poore subiecte, as much oppressed as euer he was, but nott how this comes to pass &? thus at such tyme as anie of theis great men, eyther of the meare Irish or other hath appointed and prefixed anie tyme for this great hunting Then doe theis Idle creatures assemble from all corners thereabouts and their office must be to be hewers and theis commonly are soe manie in Number at those meetinges as they compasse in a forrest wood or mountaine of fower or five mile or more. And when the daie is past, then they scatter and place themselues among the husbandmen in the adioyning villages And to colour this the better commonly euery of them that some greyhound or hound, and it falles out very often that euery dogg hath three or fourer attendants of theis fellows but they will not seem to act anie thing onely this, they will discover where they haue beene and with whome and if they fortune to be refused then Non est Amicus Caesaris and then  p.32  64v shall this grumbling poore husbandman be sure to haue garrons or cowes stolne or to haue his house burnt unawares. And yet they doe not demaund, anie thing by waie of Coynee or liuery, but they giue it a Newe terme that is (foe) 8 as much to saie as they come but of curtesie, or the like, but all doth tantamount, for surely there be some manie foes now adaies of this kind, as will disturbe in tyme the quiet, of that kingdome, if remedie be not prouided and the foes will proue absolute joes (joys?), if this pretence of curtesie may be suffered to be a contynuall harbour, and relief for them; And this may be easily remedied; if theis Noblemen, and gentlemen, that loue and delight this hunting recreacion, be driven to keepe their houndes, and huntesmen themselues and not to permit them to forrage and range abroade the country to lay in charge vpon the subiect, and if some course might be held, for erecting of Innes and places for entertainement in all the partes of that kingdome; And theis great men of command compellted to hunt after a ciuill manner, and as they doe in England and other ciuill countries, and not after this Barbarous Irishe fashion, it would abate this humor of foeing, very much but are kept in vse, soe long will the Irishrie contynue their factions, as long as theis unciuill obseruacions and inclinacions and disposicions, and the more will they possesse themselues with a good liking of them, and with hopes to fortifie their factions one daie thereby.

Another kind of strange humour swaies very much in that kingdome, that is, that such as are descended from anie gentleman or noble man anie way, will professe  p.33 nothing but to be idle, and they scorne, eyther to professe or exercise anie kind of laboures or trade, or to take anie paines at all, and beleeue there could be invented, noe better remedy for these Lurdanes, then that which Licurgus the Lacedemonian Lawe-maker did prescribe for the Lacedemonianes that is, that none should be suffred to feed, vntill he had yielded sufficient accompt before an officer, howe he deserved his meate, and what paines he had tooke to earne it, And this sure would verifie this conclusion Quod venter est Magister artis, and most of theis Idle creatures would then rather straine their Iointes and wittes to invent, and practise some trade, or other, then they would starve or famish. But the proper lawes of that kingdome are of force sufficient to admonish the parentes, masters and kinred of those vntoward fellows, to cause that such should exercise, and professe some manuall trade, whereby they may earne their liveinges for there is no question but theis fellows being thus chained in Idlenes which is the mother of vice, might excogitate and devise nothing but wickedness, and having noe meanes of their onlie, it cannot be chosen but they must fall into some one outrage, or other, to supplie them with meanes  65rAnd what offence soeuer they committe, their parentes, their masters and the chiefe of their kinred, or anie of them must answere it to all purposes excepting the paines of death, according to the lawes there established by sundry statutes.

Twoe customes and vsages more amongst soe manie I will touch which are very much continued in that kingdome, and theis doe yielde the greate reliefe vnto the Irish rebelles, and doe patraiage (patronage?) them from  p.34 the daungers of the lawes, the one is fostering thother is Comoricke, Theis be vsages and obseruacions invented by the meare Irish and both theis haue crept soe farre into the bosome of the State, into the heartes of the Nobilitie and into the good likeing, and allouance of all degrees within that kingdome, that I feare, as they haue beene soe they are like to be a great cause of the destruccion of that common weale; And doubtless had not our grave, and provident fathers had a presage of the two many Evilles which daylie doe arise of theis vsages, they would neuer haue provided such rigorous lawes for them, as they haue drue (done?) and it is plaine that theis two are made high treason by seuerall ancient Statutes within that kingdome, And assuredly the quality of them, can require noe lesse punishment if they be duely sifted. For fostering whoe cannot but see the Number of fosterfathers, which euery of the sonnes of the Nobillitie, and of others that are, raised to anie eminent place in the Common Weale, there haue, and this is generall, all the kingdome ouer aswell amonge the Irish families and Septes, as amongst the English and is it not in daily experience that if anie of theis children doe runnes into anie exorbitant courses against the Crowne at any tyme, that he is sure to be fostered and relieued eyther publiquely or priuatly by one of theis fosterfathers. And of thother side, if anie of theis fosterfathers or of their children chaunce to trippe or stumble, in anie matter against the State, or commit almost anie wicked act of what quality soeuer the father of theis children will ingadge all his credit, eyther to procure his pardon, or else to beare him out of his follies, by his countenance, and favours. And the Comorick is an Irish word and is as much to saie, as a patronage protection, or defence, and  p.35 such of the Irishry, or other. (Ffor it hath runne too farre, and is too common) as have intangled themselue in anie Matters of obloquie, and haue gott an ill reporte or falne to anue dangerous lapse, of the lawe in anie parte of that kingdome, he straight conveyeth himself into some other parte, vnder the shelter of some potent man, eyther of the Irish, or English by whose, eyther favour or connovence, he is sure to be safe, soe farre forth as the Justice of the lawe, shall not take hold of him. And this theis twoe vsages are become, Spelunca latronis, imo Proditorum.  65v And I could particularly sett downe, manie instances of both theis vsages which haue beene the roote and foundacion of the last warres of Ireland and that aswell amongst the English as the Irish, For the Irish I will onely touch one, and that is, that Archtraytor Feoghe, Mc Hugh; as it is almost incredible, what number of ffosterfathers his children had, and what number of ffoster children he and his children had even among principalles of the State in those daies, and for Comericke he was noted to haue beene the onely receptacle of anie the Rebell, theeves and rogues of Ireland, and yet was he borne out almost during his life, And for the English let anie man be questioned withall that knowes, and hath seene the current of tymes, and the carriage of matters in Liex et Ophalye and he cannot denie, but that those which did foster the children of the English and such as were preserued from the proceeding of the lawe by the Comericke, protecting, patronage and connivance of the English in those partes have after banished themselues, betrayd them, and cutt their throates I dare affirme this for a trueth for I know it, and I haue seene matters straunglie carried in those daies and  p.36 places, as whoe should saie in despight of Iustice And therefore whoesoeuer will recount the ruynes of thos lamentable daies, and that will truly perpend the causes of them must be inforced to saie that noe thing can soe well keepe that kingdome in temper, as the true Administracion of Iustice and the executions of the Statutes made for the gouernement thereof, without fauour or disfauour, and without controle or check. And had some one of soe manie been made exemplary to the rest, and receiued his iust punishment according to his desert, for his transgression of those lawes, the Irish rebelles had neuer growne to that head they did. Theis and other absurd vsages and customes, and behaviours of the Irishrye, good for nothing but for continuing their faccious, nacionall conceit, and consequently to rayse, and stirre them to notorious rebellions, and all manner of Treasons, being once remoued; and discarded out of this kingdome It will then become very behoofull and necessary for the accomplishing of this formall suppression of the Irishrie to understand what meanes they haue to maintaine them in their rebellion when once they revolte and then to lay open the waies to dismember and bereave them of these meanes.

Of these meanes, some be domesticall and some forreine. Their domesticall meanes consist in their fortificacions in their revenues in their open and publique assistantes, in their secret and priuate assistantes.

Their fortifications are Naturall, and not artificiall, and they consist onely in woodes, bogges, thorough faire waies and passages, the woodes whereof they make most of, are vnderwoodes, and those they premitt to growe  p.37 wonderfull, thicke and bushie, and the bogges which may be drawen drye, they will by noe meanes drawe, their passages and thorough faire wayes are fewe and those verie vncertaine straight and narrow  66rAnd all this may be holpen without anie great chardge to his maiestie for the country people by course and ought to mend and enlarge the waies but to deale plainely, I haue often seene this attempted and what was done were as good to be undone therefore if his maiestie will have the matter finished, exactly must imploy his engines as to ouer see, and give directions for this worke, And if his maiesties army which lies now idle in their garrisons may be drawen to the field and driven to worke, but a fewe howers in the day this worke will be soone expedited to good purpose, and truly it is very necessary that the passages be passages be made, manye and as large as is prescribed, by the Statute of Winchester, and that such as doe alter and change the way, soe often be very duely enquired of at euery session and seuerely punished according to their desertes.

The revenewe which principallie the Irishry relye vpon of their owne, consist of such corrses, as they and their tenantes haue, which being taken awaye, in tyme of hostilitie, they presently famishe, but twoe other waies they haue devided (devised?) for their supply, the one is by horse corsing and thother by black rent, both theis haue beene found to breed manie great inconveniences in that kingdome and therefore are prohibited, by speciall statutes. Theis horse corsers are such as steale garrens and horses in one end of the kingdome and doe send them by exchaunge to thother End, and of theis Irishrie doe mainteine and keepe soe manie, as their meanes, the  p.38 subiect is ympoverished and the Irish rebelles encouraged and mainteyned their euill purposes. And for that this kind of knauery is commonly discouered they haue nowe of late found out another neater peece of roaguery, which are very much vsed, and it is this. A number of poore mens garrons, and cowes are very often stollne, and carried into the Irish Countries, and there lefte vpon the land of some one, whoe by all likelihood is priuie to this matter, and he presently proclaimes this as a stray and commonly the true proprietor comes to the knowledge thereof, but this poore man must pay a ransome for euery beast which commonly is a noble for euery pole, and this newe tricke is like to proue wiser then the first, if theis redemptions be not forbidden and punished.

The black rent is raysed thus, at such tyme as anie of the Irishry take armes against the Crowne, he presently disperses his disciples amongst the gentlemen residing in the ciuill countries, and then by speciall pact and agreement, this rebel is to haue a certaine proporcion of money by the yeare, and theis gentlemen shall then be sure, that he and his tenauntes shall not be endamaged so long as he paies tht rent. And theis twoe devises without question did bring in a marvailous great masse of welthe to the late rebels, feogh mc Hugh and Ohny Mc Rory, and had this statutes of blacke rentes beene duely executd in those dayes, it would haue given prevention to most part of the harmes that did ensue.

The publique assistantes in armes which this rebelling confederacy haue I shall not neede to touché, but those that I meane are such, as repaire their armes, and such as  p.39 provide and make them newe, and such artificers as dwell amongst them, as Smithes which mend and repaire their peeces, and the like, carpenters which make their pikes, shoemakers which make their broages and makers of gunpowder should remoued from their habitacion, and confined to live in corporate townes, especially in tymes of revolte, and warres which will be a meanes to tyre them very quickly and to make them repent their Evill purposes  66vBut the secret assistantes that they should be most of all condemned and held in the opinion and Iudgement of anie honest man to be farre more dangerous and pernicious then thothers, and those be such degenerat families whoch are perswaded by the inchanting charmes of the scholasticall sodalities, formerly specified to be descended from the mere Irish, and theis Synones 9 doe carry themselves with such extraordinary cunning in theis matters, as nowe to the outward and superficial appearance can be more desirous or cann make greater shewe of willingnes to have theis Rebells cutt of then they. And kind of counterfeite double hearted generacion doe next commonly supplie theis their newe kinsmen with munition with armes with drugges to heale their sicke, and wounded men with victualles wyne and Aquavitae yea and withall the Intelligence that may be, of attempt intended against them, theis send abroad the gray merchants, as thicke as flies to fitt theis their Allies withall manner of needements whatsoeuer. And the remedyes to cutt of theis secret assistantes, theis synones can be noe other, but that the State are to carry iealous and watchfull eye ouer them. Whereby their sinister  p.40 behaviour and their treasonous; and wicked heartes maie be vnmasked; and they laid open to the publique view of the world, in their true and naturall coulours, but for the grey merchants they may be sooner discouered then thother; and therefore the statutes provided against them are fit to be duely executed and because that their desablementes of them and the extenuating (exterminating?) of their meanes and maintenance in armes may proceed and contynue with better successe, it will behoofe his Maiestie, after the example of the first planted English Colonies in that kingdome to erect, build and fortifie walled townes neere and close adioyning those places of strength and countreyes of Irishrye. Ffor our first Ancient fathers, the inhabitants of that kingdome, had noe sooner made way and gotten possession with their sword, but presently they confyned themselues into seuerall garrisons and did fence themselues round about with walled townes against the sudden attemptes and surprises of the Irishrie. And did presently erect and make incorporacion and euery one of the gentlemen and commanders that went ouer upon the Conquest had then allotted unto him a Burgagery and at this day the very walles doe partly shewe this, for theis Burgageryes are bounded with speciall markes appearing in the walls. And when theis gallants had thus fortified their whole companie, and provided them and their followers a safe lodging, Then out of theis Townes they did build them Castlles and manner houses in sundry partes of the kingdome And did soe impale the Countries round vpon the Borders frontiers, and Marches of the Irish, with the sufficientest and strongest families they had, soe as they held them in such aire? and temper in those dayes, as soe long, as they held together, and were  p.41 [not] devided into factions, the Irish neuer durst sture, or goe about to attempt anie matter.  67rThis very course was meant, should haue beene followed in the founding of the fortes, and townes of Maryeboroughe and Phillipstowne ffor all the vndertakers of those partes haue beene assigne to seuerall Burgageryes, within those seuerall townes which nowe are reasonably well inhabited with tenauntes but they failed in the maine ground of this good purpose, for that those Burgageries are, not anie waie fenced with anie wall, and the buildinges there made, are onely of thatche, which in one quarter of an hower may be consumed with fire. And theis vndertakers betooke themselues to their houses in the countrey and haue neglected to fortifie about their burgageryes, which might haue beene very well done; with the hundred part of the losse, they sustained for want thereof, but the condicion of this age differs very much from that ould age, which did not perpend or esteeme soe much the present commoditye, and gaine was then to be gotten as the continuing and future good which they and their posterity haue and doe reape by their solicitude vigilance and provident prevencions of succeeding harmes, And I dare confidently affirme it, that if theis vndertakers had fortefyed and built a towne wall vpon the first plantacion in those places, wherby the inhabitants might be guarded against the suddaine assaultes of the Irishrie, that theis townes had kept backe the violence of all the vprores, which did latelie ouerrunne all those partes, but there is noe looking after those desasters, that are past, onely that they serue us this farre to quicken, and revive our desiers and actes to repayer those our defectes of providence, while this most happie oportunitye of soe wished a calme  p.42 is afforded. And surely I am of opinion that if his Maiestie would cast this chardge vpon the cities and townes of England, Scotland, and Ireland It might be easily compassed, without exhausting his Maiesties treasure. (And it is not unlike, but sundry of the gentlemen reside near the places would vndergoe some part of this Negociation. And it is much marveiled by wisemen that from Dublin to Kilkenny there is not one walled towne fit for anie defence or entertaining of Travailers, the same being one of the commonest thorough faire waies of Ireland, And it is not vnlike, that the want of fortifying and building of walled townes in Caterlough, Athy, Wicklow and Tullephelym in which places the foundacions of those walles haue beene layed and doe still remaine vnfinished hath beene a great meane, that the Irishry of those partes, did growe to that head they did. for if theis places were made defensible, and they able to make their party good against the adioyning Irishe, as other townes are without the Assistance of his Maiesties Armye, doubtles that Traytor feoghe Mc Hugh out of whose diabolicall dens most of all the wicked members of the late rebellion receiued their nutriment and relief, had neuer beene able to become soe Masterly and potent as he was. And for that the priuate  67vInterest of some may giue impediment to this soe good a purpose, it were fitt such persons were dealt withal, and eyther to give them some other places in exchange of theis, or els that the proprietors should make a dividend of those towneshippes into some small burgageryes, referring some small signory to themselues; Other partes of the kingdome as Methe West Meath Conneighe, and els where there be, that stand very commodious for that  p.43 service, which I wish might be converted to those vses with such conveniency and expedicion as weare necessary, for perpetuating for the quiet of that kingdome. And in the meane Season, for as much as this matter will consume and waste a great deale of tyme and expence, before the same be brought to a desiered end, it is necessary that those places of defence, and garrison townes that nowe are fenced round about with walles be looked vnto that they be not suffred to decay, for want of reparacions And for that the Kinges Maiesties noble progenitors haue, been very carefull to provide for all the townes of that kingdome, in all ages and haue bestowed great reuenewes of most of them, to inable them the better to defend themselues and to fortifie about them, And that I knowe, that theis reuenewes are wasted in trifles, and drawne into the purses of fewe worthles fellows that neuer tooke paines to provide them, And that theire walles and fences are very much decaied, and not able in time of danger to serue to anie great vse euen against suddaine assaltes and surprises it wilbe high time that his Maiestie take some speciall care nowe that their reparacions may be expedited in all cities and townes of that kingdome. And that by advice of his Maiesties Enginers.

Having somewhat dived into a scrutinie of the domesticke primaryes of this confederacy, by which they seeme to be inabled to beare Armes against the crowne, it will not be vnnecessary to laie open likewise those meanes they haue to drawe a forraine Ayd for the supporting of their faction and conspiracy, It is thought that twoe thinges drawe this forraine ayde, an opinion of religion, and an opinion of affection, ffor this religious  p.44 opinion, I am still of that mind I formerly d[eliuere]d that is noe part of the cause, or ground of the revolte of the Irishe, but that they make the same a colour to shaddowe or countenance their other purposes, and to drawe a forraine Aide from some of the Christian Princes thereby and their Instrumentes for this, are some sedicious Seminary Preistes and theis are soe carried away beyond all measure with a mutinous humour of sedicion, as euen amongst themselues they dayly stirre vp some discords and schisimes, as is scarce to be beleeued. And to deale plainely the greatest aduersaryes in the world which most experts in the documentes of Matchivill cannot proceed more egerly nor with more cunning, or malice, thone against thother, then some of theis haue done  68rI doe not condemne all the Preistes and Seminaryes hereby, for some of them I beleeue are very virtuous and conteine themselues within their boundes of their Allegiance and duty to his Maiestie and doe oppose themselues all they can to the proceedings of thother. But seeing it wilbe somewhat difficult to distinguish between them altogether, And that it doth please his Maiestie to coniure at the carriage for matters of their function And that some of them will seeme to be necessary in some partes of that kingdome. Where the people would otherwise become heathens, and idolaters, one generall course maye seeme fittest to be taken for all, that is that all the preistes and Seminaryes of that Kingdome shall take a Corporall oath; that they shall neyther practize further nor conceale anie matter, intended against his Maiestie and his State and gouernment of that kingdome. But that they will doe their vttermost endeavours to prevent, and to discouer vnto his Maiestie, or some of his Eminent officers of  p.45 Iustice, anie such matter soe soone as they shall knowe the same. And further that euery of them shall giue sufficient surety to performe the same oath to be bound in recognizance before some of his Maiestie Iustices of his fower Courtes, and such as will not doe accordingly, that they shalbe banished the kingdome, or otherwise delt withal according to their deserts.

Their opinion of affeccion enclines to the Spaniard [for three causes for that they suppose, that the mere Irish descended and came first from Spaine, for that the children and youth of Ireland are maintained and trained in literature at the chardge of the Spaniard] 10 and for that most of the Chiefe of the Irishe doe now serve vnder the Spaniard and receaue great pencions of him, ffor the first cause there wilbe occasion to treate hereafter for the second, the remedy wilbe this, to suppliy those defectes which cause the youth of that kingdome doe trauell beyond the Seas, which defectes consist in want of free schooles and vniversities in places convenient in the kingdome, And if the directions prescribed by the statutes there made had been observed there, they should be kept in euery diocesse within that kingdome, one free schoole, which should be mainteyned at the chardge of the clergie in generall, and in euery parrshe preist ought to keepe residence vpon their parsonage, or viccaridge, and to keepe a schoole and to teach the youth of his pareshe, and both theis are [out], almost of vse, all the kingdome ouer. And I know that a distast of religion will giue a maine impediment to this whereof there is noe semblance, or likelihood of  p.46 alteracion soe long as that kingdome is soe vnduely fitted with soe vntoward a Clergie, which doe neyther edefie nor direct their flocke nec verbo nec opera, And therefore forasmuch as the neglect of theis and other thinges may intitle his Maiestie to most of the Benefices of that kingdome, which I doe verily thinke; are merely void for some course or other, soe as the presentacion restes nowe in his Maiestie and for that great number of those benefices haue rested of long time in Sequestracion and in the handes of meare Lay men not capable of the like. And that nowe can iustly claime the meane profittes that his Maiestie should call the possessors to accompt for theis profittes and that the same should be converted to the building of free schooles, or colledges, and I doubt not but those meane profittes will come to some great value, And considering that in that kingdome there cannot be found sufficient to supply those places it were not amisse that some of those was[t] benefices were conferred vpon some schoole masters towardes their maintenance for keeping those schooles and theis to be kept in civill places and corporate townes and not abroad in the Irish countreys, there may be matters and waies found out which will afford great helps, toward the erecting and founding of colledges and vniversities, if his Maiestie will thinke fitt that the same may proceed  68vAnd vntill such time, as the determinacion of soe good a purpose may be concluded vpon by his Maiestie and his most honorable councell it will be to litle purpose to stirre up anie further in yt; the matter being in his kind fitter for the deliberacion and secret discourse of the weser sorte, then the penn of anie priuate man, in the meane tyme it will repayer some deleberat  p.47 converasacion how the youth of that are daylie transported beyond the seas, and receiue their training in literature in those places ffrom whence the Irishe doe most of all expect their greatest ayde, furtherance and helpe for supportacion of this their quarrelling and malicious opinion.

The last cause that inforces this opinion of affection is that great head which is assembled, and gathered together of the Irisherie in the service of the Spanyard, and doubtless howesoeuer the Accidentes of tymes may disable that forraine confederacy to sett forward any waye towardes their intended wicked designes, yet I know that all the discontented and sedicious humorists of that realme are carried with an extraordinary conceit, and fedd with marveilous hopes of assistances and helpes from thence, for which cause it were very convenient that some course might be thought on, and followed whereby that regiment might be dissolued; But yet our lawes of that kingdome doe not want helpes, and prevencions for reforming theis evilles, for as their fellows doe become anie waie offensiue to his Maiestie theire parentes and kinred in Ireland may be dealt withal according to the statutes of that kingdome, and I haue knowne the Execucion of those lawes effect much good. And when the Irishry are confounded in the barbarous customes, meanes and usages, and conformed to a better course of ciuill behaviour, and where they haue been by theis, and other waies transformed, from their Irish condicions qualities and conceites, and when they haue been beaten from their Mutinous humor and desyer of souereignty, as well by disabling, enfeebling, extenuating of them in their forces, fortificacions and means, by inforcing and  p.48 encreasing of all theis of our side, which are fitte, should be deficient with them, Then and not before his maiestie may assure himself of a contynyance of a peaceable gouernment in that kingdome, among the meare Irishe, But because that his formall supplanting and disrooting of theis barbarous confederacie and thextinguishing of this furious malevolent opinion; the trewe Aty and Breedle of all the sedicious of that kingdome) may be perfected with more successe it will doe well to second the same with a declaracion of the second waie by which our provident fathers haue meant to worke a determinacion, and obliuion of Nacionall conceipte.

This other waie is to Incorporate naturalize and matriculate the meere Irishe, with the meere English, wherein Nature and art must ioyne to make this attonement, and to produce the same to a desiered perfeccion to further ths by naturall course will onely be by marriage. And yet not by that marriadge, that  69ris forbidden by the statutes of Ireland for those statutes doe prohibitte the said English, their resideing to match in marriadge with Irishry which course, I thinke is very necessary to be still reserued as well for weake[n]ing the Irish faction for them of the domesticall assistances and furtherances they gaine thereby in tymes of revoltes, as alsoe for the preventing a maine proiect of villanie nowe vpon practize and set afoote in that kingdome for vniting the heartes of the ould Irish and the ould English together, and that by reason of a prophesie which is whesphered in euery corner by all the shanaghes, chroniclers, Antiquaries Bardes and Rymers of that kingdome that whensoeuer they ioyne, that then the Crowne of Englad should loose  p.49 the commaund of Ireland, and that the Irishry should then be re-established therein, which God of his owne omnipotent power forbidd. Ffor how idle soeuer their idle obseruacions are, as I hould them for noe better then idle, yet the opinion conceiued of such a matter, may worke as the same doth pretend much mischief. Therefore I thinke it very necessary that this Statute be very duely obserued, and that such are already vnited in marriage to the Irishry, shall be delt withal in some fashion as the meere Irish shalbe But to our purpose. This union and naturalizacion must be to match the best and noblest families of the meere Irish in England. I meane hereby that all the children of the Irishry should be thus matched as well male as female; And hereof we haue had a notable example vpon the very first steppe of the Conquest at which tyme that worthie Strang-Bowe, was married to Eva, the king of Leinster, his sole daughter and heire, and from their lyne, manie of the noblest families of England are descended, and this marriage doubtles hath done very much good to the successe of that Expedicion. And for that this may seeme pertinent to the state of the tyme present, It is not to be neglected that the house and name of the O Bryans is one of the strongest noblest and most potent Names of Ireland, and that at this present there are twoe great houses of that Name, whose heires may be in this Manner delt withal, that is the howse of the Lord Baron of Insheguin, and the house of Arra. both which are of tender yeres and like to be matched, with some great houses in Ireland, if the same be not prevented and the kinges Maiestie; may doe well to begin with theis, and then to proceed accordingly with some others, as may happen in the succeeding age, and I knowe thre are  p.50 others of this kind which are necessary to be looked vnto, and as it seemes requisite that the principalles of the Irish should be matched in England  69vsoe it wilbe as requisite, that they doe not match in Ireland, thone house of the Irishry with thother more then anie of thenglish there resident. Therefore to compasse this the better, it wilbe very necessary to erect a Court of Wards in Ireland, and that very precise directions be sent ouer to the Lord Deputy for the tyme being, that vpon anie surrender of anie of the Irishry and regrant made vnto them, there may be a tenure in capite reserved to his maiestie And howesoeuer that this erecting of the Courtes of Wardes may seeme to withdrawe somewhat from the Lord Deputye for the time being as I thinke will rather encrease his benefit, then otherwise, yet were it admitted considering what encrease it may bring to his Maiesties revenew and what secret good it will worke for preserving the quiet and peace of that kingdome, it will behoofe his Maiestie rather to encrease the Lord Deputyes with some great allowance and consideracion therefore out of his treasure, then that the dispose of the wardes of that kingdome should be caryed as hitherto they haue beene, but leaving this matter to the further consideracion of his maiestie, and his most honourable privy councell, I will endeavour to declare what artificiall waies hath been prescribed by our auncestors for vniting of the Irishry to the English, and what other courses I think are fitt to be pursued in Imitation of them.

This Artificiall vnion and naturalizacion is personall and morall that which concerne their persons and hath beene devised, and published by act of parliament, in Ireland in  p.51 those ould carefull daies doth reach to euery to euery man in particular of the Irishry within that kingdome. And thereby it is enacted, that euery one within that kingdome shall take vnto himselfe, ann English name and surname and that none hereafter shall be called after anie Irish name and they be not deceiued that thinke this statute to haue beene made for a good End, especially considering what prophane barbarous and vngodly names a great number of them doe beare, as in some partes of that kingdome, they be called by the names of dogges, 11 and in all places almost divers are called by names, proper only, for the devil, as farr Dorregh, and Gullygrawny, Gully Gromy, Gulley Duff and the like, and theis last are but nicknames imposed vpon them by aduise of some witches or such disciples of Satan, at such time as after their baptisme the yong infants fall sicke, or vpon some such occasion, for by bearing this name, the witches doe perswade the silly mothers of those children, that they shall lieu long and proue fortunate and the like, a meare fallacy of  70rthe devill, to drawe them to forsake their Christianity and surely I haue observed it, that most commonly all those that carry, theis markes and noates of satan, come to some desperate end, or other, but the Statute did absolutely prohibit theise and all other names and dignities whatsoeuer, but if in Imitacion of theis lawe makers, an alteracion and reconcilement may be wrought in all other thinges, and matters within that kingdome soe as the same be entirely and totally made English it will thrive much the better, therefore as their persons doe admit this alteracion of  p.52 name, soe let their Armes and Scutchions, the Poesy and Motto, the country in general which is as fit nowe to be called Scocia Maior, as it hath beene of old tyme, and the particular countyes, provinces, townes, rivers, brookes, seamarks, promontaryes, hills, mountaines and the like, And in theis alteracions it is to be obserued, that the Irish families of one house, doe most commonly live together thereby to enable and enduce their faction the more. Therefore such families of the Irish as are able to make a faction, it wilbe very convenient they should carry seuerall names and armes, Another rule of good husbandry will very much further this reconcilement, that is that theis being noe better then wilding and crabbes that growe to thicke together in vntoward places must be transplanted and remoued into a more naturall soile, and there grafted with better fruit and in the same kind theis Irish families whoe for the most part lieu altogether within the circuit of one countrey or Baronie; as they encrease and multiple soe doe they growe the more harmefull and crabbed and the lesse fruitfull. It will therefore proue very convenient for the stablishing of the quiet of that kingdome, theis multiplied and dangerous families should be transplanted in theis three seuerall waies, some, and those of the best to be remoued into England and that his Maiestie will give them some quantity of land in England, in exchange of their landes in Ireland, others of them to be confined to live in Citties and townes neare and in the eye of the state, and others of the meaner degree of those families and septes to be placed in some of the ciuill countries of Ireland and removed from their vncivill habitacions amongst the meere English. And by theis meanes time will soone worke out this quarrelsome Nationall conceipte and  p.53 desier of souereignty of that Nacion and will soe obliterate blotte out and cast into perpetuall obliuion thes barbarous and vncivill obseruacions and usages of theirs, as their wilbe scarce a memory lefte of them, or cause of discontentfull humour to breed and disquiett But to seale vp this Imaginary discourse with a brief perclose the remayning branch as yet vntouched that intrall art which is requisite and most necessary to temper this malignant nationall opinion of the Irishry may be drawen to theis two heades.  70vThe first is to expell Idlenes, the second to invre them to Iustice, concerning the first: the exorbitant folly and pride of that Nacion, is such as they will not by anie meanes professe anie laborious trade, or industrious course of living, and doe give themselues altogether to all kind of Idlenes and the remedy for this wilbe, beside that hath beene formerly said, to place in that kingdome some English artificiers and then to constraine theis fellows with a Bridewell disiplinacion to erne their living and to take paines, and I haue heard and knowne some undergoe this tax but I would some would that haue to haue purpose whereby it might receiue perfection and theis Idle creatures their deserued correction. And verely our Irish stout beggars and others the sodalities formerly mencioned are fitter to be placed in some bridewell then to be permitted or suffred in the common weale.

Concerning the matter of Iustice, this to be noted that the Irish nacion are wonderfulle argute and witty, and yet ignorant of the lawes and iealous of the proceedings of the lawe, and of the carriage and demeanour of Justices and in this kind they may be fitly resembled to a wild young horse colt, neuer duely ridden for which cause all  p.54 the cunning of the Ryder is to be vsed in the first breaking of the colt, for if he be drawne to loue his ryder at first by faire meanes and kind vsage, he will endure his ryder to backe him, to anie purpose nor neuer will prove good horse, in the very same degree, this ignorant iealous generacion being waynes form their wild and disloyall humour must first be invrde, made knowne and acquainted with the charity and loue of the lawe, and howe farre it extendes to doe them good to defend them against all kind of violence and oppression and then howe sharpely and rigorously it proceedes to the punishing of the delicts and offences. And after they haue thus tasted an understanding thereof, the next steppe wilbe to administer Iustice in her kind without fauour or disfauour without let impediment or contradiction And that in both kindes to distributive Iustice and commutative Iustice, for the first steppe consisting in speculacion and knowledge my meaning is, that the children of the principalles of the Irishe should be trained and brought vp in the knowledge and studies of the Lawes of England, for as this hath beene a maine reason which did conteine thenglish Nacion in theis latter dayes in better temper then they haue been in former ages, Soe will it be among the Irish whose condicion would be soone metamorphosed by the very knowledge of the lawes, for as knowledge causes that they take notice of good and sacred operacion of the lawes, soe will that notice be a contynuall watch and secret director of their actions by which they will looke to carry themselues freely, through all dangerous accidents without peril, And I am of opinion, that if the meere Irishe of Ireland had known howe to manage their owne causes in course of lawe, they would neuer drawe sword  p.55 but would be soe yielding to reason, as that they would direct all their Accions thereby, One thing more will very much further the course of speculacion and knowledge, that is to compile an abridgement of the statutes of Ireland and that of all the  71rstatutes and not of such as are printed alone, of this Actes and Statutes manie are very good, some are repealed, and some are vnnessary and not to be vsed and all are to be congested, together in some methodicall course, in hand writing and to be drawen originally out of the recordes remaining in England in the Tower if anie there be, and in Ireland, and then to be pervsed by his Maiesties Iudges and after published in print. The want of this directory is cause of great deficiencye in the Execucion of those lawes, and that most of the Iustices of peace of that kingdome knowe not howe to direct themselues in a legall course of proceeding according to the purporte of those statutes. It were therefore very necessary that his Maiestie would imploy some one or other learned in the lawes to take paines in this soe commodious and beneficiall a negociation.

The next stepp, by which this iealous, doubtful, and, unlettered prople might ascend to the Sanctuary of Iustice, and by which they must be fully perswaded, that they may haue, and receaue the aduantage and benefitte of true iustice, is onely to administer Iustice truely duely and directly without anie partiall respect of favour, of person, of countrey or other thing what soeuer without controle, checke or contradiction, of anie person or superior gouernor. This administracion of iustice as it is to be participated to the subiect in two kindes, that is in distributive and communative Iustice soe are there manie  p.56 Barres and stoppes which daily giue ympediment to their course of iustice in eyther kind whereby this Iealousy of the proceedings of lawe is bredd and dayly increased in that Nacion, and this Iealousy breedes a discontentment which discontentment revives a memory of the old nationall opinion, by which theis fellowes are presently carried from yielding anie obedience to this most sacred lawe by the occasion of the fallacies that arrise, and the Execucion and administracion thereof. Of theis ympedimentes, some proceed from the gouernors some from the iudiciall officers and some form the ministeriall officers The impediments of the proceedings of the lawe proceeding from the governors of that kingdome, consist in proteccions and pardons and transverting the course of lawe in the manner of Tryall causes from his Naturall and true Byas. And howsoeuer theis matters of protection and pardons haue beene carried in reasonable temper by the nowe Lord Deputy of Ireland, that worthie governor, whome I haue knowe to haue bestowed extraordinary cares for the restraining theis proteccions and pardons but vpon speciall causes and well grounded reasons, and howesoeuer ordinarye controuersyes preferred before him haue beene in his time directed to the tryall of the common lawe, yet I know the tyme hath been and even at this day, that other governors, and men of high rancke in that kingdome doe seeme to hold a kinde of indigne conceite, and opinion of the ordinary proceeding of the Common Lawes and doe labour all they can to drawe the Tryall almost of all the accions treable onely at common lawe, to be determined onely by English bill and answere, which is absurd and directly against the Lawes and particular Statutes of that kingdome This course is held vp  71vand mainteyned in  p.57 the provinciall gouernmentes of Mounster and Connaghe and in his Maiesties high Courte of Chancery in Ireland and in the liberty courte in the county of Tipparie. And if our heades will thus ouerrule and discounteynance of our lawe to what purpose should the kinges Maiestie and his noble progenitors publishe or giue out that he gouernes his people of Ireland by the lawe of England to what purpose were all the Statutes made and enacted, that all matters should be tried in their proper courtes, and howe is it possible to cause theis silly barbarous creatures to conceiue anie good opinion of our lawe, when as theis men of soe eminent places doe seeme so to disgrace, and condemne the same, and when as their councell maie not with anie freedome of mind advise them in a direct course of Lawe, one thing more was held in great request and very much vsed, which is very much restrained especiallie the civill countreyes by the nowe Lord Deputy and doth very much scandalize and cut of the course of Lawe: but my purpose is not to speake of matters, as nowe they stand but as they haue beene and as they may be, for I se nothing restraines it, But the mild disposicion of the gouernor for the time and the next that comes may renewe them, as fresh as euer they were, soe long as they be made arbitrarye, Et ad libitio regentis, this thing I meane is the Marshall lawe, which verely is neuer fit to be exercised in anie ciuill government or in tymes of peace, but is onely proper for the field, which the kinges army is a foote, or in tyme of generall combustion and revolte, for violence is not fit to be vsed in matters of Iustice or otherwise but when extreame necessitie requires, and constraines the same, and if theis poore fellows and naturalles of the Irish be as capable of the benefit of this lawe (standing in  p.58 tearmes of subiection) as others of his Maiesties subiectes are what reason can be shewed, but they should be permitted to haue accesse to iustice in theis theire greatest concerninges wherein their life must be poysed and driven to the greatest straight of hazard that may be and will not proue a meare mockery to say that his Maiestie hath prescribed them a lawe to be ruled by that they are borne subiectes to his Maiestie, and consequently by birthright inheritable to that lawe, And that all their liues landes and goodes vpon occasion of anie doubt, question or misfeasance must be tried by order of that Lawe by their Neighbours and Peeres, vpon publicke proceeding and hearing of eyther partie. If it shalbe permitted that euery common provost which most commonly are men of some servile condicions may without examinacion or legall convicion execute and put to death whom list, I can tell and pointe out manie Ruthfull accidents, which haue caused, as manie succeeding Evills, But I hope there will neuer be vse of anie such derickes in those partes Especially, if theis good lawes already devised by our forefathers may be iustly observed without imperfections but this is noe good ryding of a wild colt to ply him to the spurre vpon the first backing of him. And this course I know doth soe affright a number of them with such Amazements as they dare [not] lye two nights together in on place in one place, this makes  72rfugitives, theeves and rebels, twoe manie and breedes very extraordinary discontentes in them, soe as it is impossible to reduce this Nacion into a setled stay in their condicions or to vnite their heartes in anie competent charitable knott of loue and amity to vs, soe long as theis falsityes are suffred, and permitted in  p.59 thadministracion of the Lawes, and as the proceeding of the lawes may not passé with that currant, as is agreeable to the oath taken; by our sacred Souereigne at his coronacion and according to the purposes of like quality divulged by his Maiestie Iudges in all the circuites of that kingdome but considering that the change of gouernors doth most commonly worke some change or other in matters of gouernment and that the steeres man may at his pleasure guide the shippe eyther in a safe channel or els cast all vpon the rockes and sandes, and considering, that his Maiestie and his most honourable privy councell will not omitt anie provident course in a matter of soe eminent consequence, I will forbeare anie further discourse of this kind. The impediments that in former times haue hindered the course, of Iustice in the iudiciall officers proceeded from imperfeccions of bribery and corruptions of fastinges and dependencies, which I trust are not in vse this day and if there be, I pray God direct them in a Better waye, that vse them, for my meaning is not to calumne at anie nor to lay a mistax of imputacion vpon anie which may impaier his good name, but for that I haue seene, and knowne in former tymes of this kind, I hope it will not be offensiue to anie, that I giue this caveat to prevent future Evills, by which is meant sincerely to doe some good to the multitude and harme to none. Yet one thing more I remember which proceedes from a litle indiscretion, and want of mature consideracion; and which occasions a marveilous disgust of our lawe, and Iustice as in the Irishry, And causes that they murmure in euery secret corner thereof, and doth mainely impresse a disaffection in them against vs, and consequently a renovacion of this nationall opinion. This that I meane is when one of the Irishry hath cause to  p.60 complaine against an Englishman (as some Englishmen we haue that are apt or good for nothing els but to minister extraordinary cause of complaint, but vpon a Iudiciall hearing of this complaint, let the matter seeme euer soe Enormous, and out of Square, it will be urged publiquely for that cause onely to extenuate his offence and punishment which is as much as to say as none of the Irish ought to receaue iustice against an Englishman and how soeuer men of desertes or servitors ought to be favoured aboue all the rest, yet this favour might be extended safely and to very good purpose if this word of destruction were not vsed, which verylie is very unfitt, and vndercut in those matters of Iudicature in which Tros Tiriusque nullo descrimine agantur. 12

But concerning the Ministeriall officers as Escheators, Sheriffes and Clarkes their offence to the common weale and against the lawes are soe manie as I know [not] where to beginne nor  72vwhere to begin nor where to make an end, but because they seeme to be partlie already very well knowne, I will onely, say that theis ministerial offices haue not beene carried and vsed according to the Lawes of England or Ireland for the Escheator and Sheriffes are by lawe annuall offices and limited for euery county, and out Escheators are some tymes generall for the whole kingdome, some tymes for the fower seuerall provinces neuer lymitted for lesse tyme, then for life, whereas by the Rule of lawe, Euery countye should haue one, having a certaine proportion of living within that countye by the  p.61 yeare and he should continue noe longer then one year, if a man were disposed to discouer in writing, howe theis kind of ministers, and officers of the lawe, doe daylye cheate and iuggle away theinheritance of the subiectes of that kingdome, howe they haue entangled the states almost of euery man, what featly trickes they vse in finding and retourning their inquisicions, and offices, what vexations, troubles and incumbrances they haue cast the poorer sorte of the subiectes of that kingdome unto, and especially the Irishry, it would possesse more paper, tyme and paine, then I would wishe this idle treatise to doe, and doubtless thre is noe honest mind, being truly informed of their carriage but would wish they should be disgorged altogether out of the kingdome, And to be brief, I thinke plainely that the sinister and corrupt carriage of theis ministeriall servitors hath bredd and raised more scandal and opprobrious imputacions to the lawes and gouernement of that kingdome, especiallie amongst the Irish, then anie matter or thing els I can nominate. Concerning the Sheriffes whoe are the kinges lieutenantes in that counte whereof they are sheriffs, and the keepers and pastors thereof, I thinke their disorders are nothing inferior to the precedent for howsoeuer in presumpcion of lawe, and in the quality of their place, they should and ought to bee the defenders of the subiect. I thinke they would hold themselues very much disparaged if they did not runne the quite contrary course, forasmuch as they openly professe, and exercise and that by colour of the place and authority to be true extortioners and absolute oppressors theis among soe manie their laweles practises doe most of all his  p.62 Maiesties officers preserue and continue the Irish Customes and usages, as to assemble the whole companie in an open field, or vpon some high hill, or other, and the like, and howesoeuer they fortune to reteine some annual alteracions themselues, yet the vndersheriffes and bayliffes doe hold in soe longe, as they may almost prescribe in those places, and euery Bayliffe fermes his own Baylywicke for that yeare. And if theis Pranckes be not dissonent to lawe and reason, and sufficient to conster anie men to runne madd, whether they will or noe, let anie man iudge.

For the clarkes howesoeuer they haue receiued some reformacion in theis latter tymes, there is noe doubt but manie intolerable abuses haue beene admitted amongest them for forging and imbecilling of the recordes, playing the champertors and mainteyning of suites, and by theis and the like, manie a poor man was shuffled  73rand shifted out of his landes and liveing especiallie in the provinciall governmentes; for the poore creatures, soe soone as they were drawne in question of lawe, for their landes being vnable to vndergoe anie matter of expense, would soone be drawne to receiue some composicion, which commonly was a matter of noe great value, rather then they would live in contynuall vexacion, and trouble, And I know sundry that take themselues to be noe meane fellows haue raysed their fortunes almost from nothing to be Lordes of great possessions, And most of all by theis, and like shiftes; But because they are somewhat restrayned and curbed in theis practises, nowe their polity is to racke the subiect, by extraordinary exaccion of fees, and duties and he that shall seeme to complaine hereof shalbe surely mett  p.63 withall, and driven to some detriment in his suite by some trick or other. And therefore it is not possible to remedy this kind of extorcion, if the Clarke that is once detected thereof, be not presently displaced, And if theis in whome the lawe doth repose such extraordinary confidence and trust, to whome the substance, secresie, and execucion of lawe is committed is tainted with soe ill favoured and misshapen deformityes and doe imbrace such wicked and unconscionable practises, with such audacious impudence, as is past compare, what can be expected or looked for in that kingdome and government, but ruyns and desolacions and all manner of Evilles, howe is it possible, for anie Iustice whatsoeuer to administer Iustice directlie, when his Instrumentes his handes, and armes doe faile him, for without there be due execucion of the lawe, it is but an idle thing to say, that there is a lawe. This last period consisting of commutative Iustice concernes the kinges most excellent Maiestie, that is matters which sound in contractes and agreement betweene his Maiestie and his subiectes, that theis matters should be duely observed to the subiect according to his Maiesties meaning, anad agreement, theis consist in his Maiesties proclamacions in his grauntes and contractes, are such thinges as concerne the honour of his Maiestie to see them performed and concerne the particuler Interest of euery subiect. And as I haue formerly said, the Irishry are a marveilous, iealous people, and very suspicious of all matters, of stipulacion and contract to be past between his Maiestie and them. And what occasions this suspicion, because that they vsually find that his Maiesties agreement and graunt made vnto them is infringed and noe waie performed To make this mainefest I will onely touch and produce one  p.64 instance which was generall to all that kingdome. And that is his Maiesties composicion which is an annuall consideracion and revenue graunted to his Maiestie by his subiectes, for which his maiestie hath graunted vnto them that noe Purveyors or Escheators shall goe amongst them to make anie provision for his Maiestie, and his officers, but all should be bought at the market, that noe soldiers, kerne, horses, and others should be ceased, or layed vpon them, eyther by his Maiestie, or anie of his officers or subiectes and the like, and I would faine learne, yf anie provinciall gouernor within that kingdome can saye, and deliuer vpon his honour that anie one of the Articles of the composicion is observed to the subiect within his commaund, and I am sorry it is too, true they be not observed and especially in the absence of the cheif gouernor. And beleeue me the running abroad of theis purveyors haue ouerthrowne all the markettes of Mounster and els where, for that men dare  73vnot bring anie provision, to the market, least the purveyors hooke might seize vpon them, and pay but what he list, and perhappes nothing at all, And can it be said to be an honour to the king not to keepe touch with his subiectes in a matter soe highlye concerning them, at (as?) this doth con[cern?] the poore ignorant Irish subiect, be anie way perswaded that he may haue, and receaue the full benefit of Iustice, in other matters not soe well knowne vnto them, when he is deceiued of his purpose in this, that he knowes best of all, or is it possible that the vnlettered subiect can be moued to giue credit to the kinges Iudges, to his Broad seale, and letters patentes or to the Lawes and Statutes when as theis Governors doe seem by this their carriage to controle and countermaund both king, Iudges, broad  p.64 Seale and lawe and all at one Clappe. I know not what I should say more, I wish lesse had beene sayed, and more good effected then yet is but yet I may not overslipp, that it hath beene observed in all ages, that the covetous disposicion and insatiable thirst after gaine of the gouernor of that kingdome hath caused manie Ruthfull accidents, for which cause I hold that a covetous and penurious mann is not fitt to vndergoe, or carry a place of government, or absolute commaund in that kingdome, for that his passion carryes him soe farre beyond reason as he runs in to rapin, and spoile of all kind of disorders to encrease his gaines.

Having thus confusedly run ouer and trauersed those ancient groundes layed vp, and hedged in by our forefathers for establishing and continuing a quiet government in the kingdome of Ireland and having in some fashion laied open the vnciuill and barbarous obseruacions and customes of the Irish, and the cause which procures their soe often reuoltes together with some rules by which this cause may easily be suppressed and they conteyned in a loyall temper of obedience, I must nowe (right worthy Sir) insinuate my good meaning in compiling of this imaginary chaos into your favourable Allowance and desier that the rudenes and deformityes of the style or the vncertaine citing of those lawes and Statutes remembred herein may not withdrawe or derogate anie thing from the good is meant should be effected by your selfe by occasion of those motive. It may be that some will find themselues somewhat toucht hereby and will therefore make choice to persist in theis follyes and errors of gouernement, and seeme to defend them with high pretext of pollicie of state then anie way  p.65 to yield, that there should be a reformation of them. And although their carriage in those courses may soone be refuted in that those matters are directly contrary to the  74rlawes, and that in a maine pointe of gouernement soe highlie touching the kinges maiestie in honour, and the particuler of euery subiect in that kingdome, yet one circumstance more will second, and inforce this reputacion, for amongst the soe manie propheticall obseruacions of the Irishry, it is remembred amongst them, that vpon the first entry of the English into Ireland, it was prophesied; that the English should hold the possession of that land soe long, as they, did obserue, their owne lawes and noe longer. And if the Irishry that hearken soe much after those toyes, how true or howe false soeuer they be, doe obserue that this age and time wherein nowe we live doth afford those numbers of breaches of the lawes formerly mencioned, and very manie more, whoe can imagine but eyther theis matters of injustice and oppression or this nationall opinion whereof is treated or the expectacion of the successe of this prophesie: altogether will moue theis haggardes to make recourse to their ould rebellious exercise. If therefore I deliuer my sincere conceite in theis thinges and desier thereby to further his maiesties service, and encrease his revenewes in that kingdome. And if affeccion and loue, wherein euery honest minded man is obligued to his countrey and common weale doth invite my pen to discouer those waies and meanes which may giue preuention to thensuing dangerous Evilles, Let noe man blame my good meaning and wrong himself, and the kinges maiestie and his subiectes, by the bolstering and vpholding theis vnlawfull proceedings, ffor as it is thought reasonable, and very necessary  p.66 hereby: that there should be an absolute supplanting of the Irishry in all their customes and vsages must it not proue as reasonable and necessary that all iniustice and oppression exercised against them should be likewise cut of and supplanted. Let me therefore desier that this may not prove likewise like the fruitless tales of Cassandra. But that they may perceive a fortunate improvement in their due season, and place whereby that sacred establishment of Iustice and iudiciall proceedings which you haue very worthlie begun be perpetuallie continued and absolutely perfected. And thus submitting all to your worshippes carefull consideracions praying Almighty God to continue your happiness to encrease your good fortunes and to blesse your accions I humbly take my leaue.

Teros

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Title (uniform): Discourse on the mere Irish of Ireland

Title (supplementary): Exeter College Oxford, MS 154, ff. 55–74

Author: unknown

Editor: Hiram Morgan

Editor: Kenneth W. Nicholls

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contributed by: Brendan Kane, University of Connecticut

transcribed by: Hiram Morgan

proof-read and corrected by: K.W. Nicholls, Emeritus

encoded in XML by: Beatrix Färber

Funded by: University College, Cork

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1. First draft.

Extent: 20930 words

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Publisher: CELT: Corpus of Electronic Texts: a project of University College Cork.

Address: College Road, Cork, Ireland — http://www.ucc.ie/celt

Date: 2010

Distributor: CELT online at University College, Cork, Ireland.

CELT document ID: E600001-004

Availability: Available with prior consent of the CELT programme for purposes of academic research and teaching only.

Availability: The copyright lies with Exeter College, Oxford. The text is reproduced here by kind permission of Exeter College.

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  • Oxford, Exeter College, MS 154, ff. 55–74

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unknown. Discourse on the mere Irish of Ireland‍. hitherto unpublished.

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@book{E600001-004,
  title 	 = {Discourse on the mere Irish of Ireland},
  author 	 = {unknown},
  edition 	 = {0},
  note 	 = {Prefatory Note by Hiram Morgan; Transcription of  text by Hiram Morgan, annotations by Kenneth W. Nicholls and Hiram Morgan.},
  publisher 	 = {},
  address 	 = {},
  note 	 = {hitherto unpublished}
}

 E600001-004.bib

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Prefatory Note and transcription of text by Hiram Morgan; annotations by Kenneth W. Nicholls and Hiram Morgan.

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Creation: By H. C. 1607–1608

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  • The text is in Elizabethan English. (en)
  • Some text is in Latin. (la)

Keywords: political; prose; discourse; essay; 17c

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  1. 2019-06-05: Changes made to div0 type. (ed. Beatrix Färber)
  2. 2010-11-02: Changes integrated; file re-parsed; SGML anf HTML versions created. (ed. Beatrix Färber)
  3. 2010-11-01: File edited; additions made to notes. (ed. Hiram Morgan)
  4. 2010-10-26: Conversion script run; file parsed. (ed. Beatrix Färber)
  5. 2010-10-23: File converted to XML, structural and content encoding applied; header constructed. (ed. Beatrix Färber)
  6. 2010-10: File proof-read and corrected. (ed. Kenneth W. Nicholls)
  7. 2010-10: Text transcribed; prefatory note written. (transcr. Hiram Morgan)
  8. 2010: Text contributed. (contr. Brendan Kane, University of Connecticut)

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  1. Contributed by Brendan Kane, University of Connecticut. Transcribed by Hiram Morgan, University College Cork. Proofed and Corrected by K.W. Nicholls, Emeritus University College Cork. 🢀

  2. i.e. Written in England. 🢀

  3. Eclogues, Bk III, 93. 🢀

  4. ‘And [the] difficulties’ seem to have been transcribed twice here. Furthermore there should be no break in the sentence. 🢀

  5. Actually Gocelin 🢀

  6. Associates or Assistants maybe both run together. 🢀

  7. OED ‘meed’ n, Reward dishonestly offered or accepted; corrupt gain; bribery. 🢀

  8. Foigde ‘foye’ 🢀

  9. OED ‘One who misleads by false tales, a perfidious person, a deceiver or betrayer’. 🢀

  10. Bracketted section was in the margin of the manuscript. Presumably it was missed out in transcription and added in subsequently. 🢀

  11. KWN Names prefixed with ‘Cú’ 🢀

  12. Tros Tyriusque mihi nullo discrimine agetur (Aen. i. 574). 🢀

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