far otherwife, for it is a Nation ever acquainted with Wars, though but amongst themselves, and in their own kind of Military Difcipline trained up ever from their Youths; which they have never yet been taught to lay afide, nor made to learn Obedience unto Laws, fcarcely to know the name of Law, but inftead thereof have always preferved and kept their own Law, which is the Brebon Law.

Eudox. What is that which you call the Brebon Law? it is a Word unto us altogether unknown.

Iren. It is a Rule of Right unwritten, but delivered by Tradition from one to another, in which oftentimes there appeareth great fhew of Equity, in determining the Right between Party and Party, but in many things repugning. quite both to God's Law, and Man's: As for Example, in the cafe of Murder, the Brebon, that is their Judge, will compound between the Murderer, and the Friends of the Party murdered, which profecute the Action, that the Malefactor fhall give unto them, or to the Child, or Wife of him that is flain, a Recompence, which they call an Eriach: By which vile Law of theirs, many Murders amongst them are made up, and fmothered. And this Judge being (as he is called) the Lord's Brebon, adjudgeth for the most part a better fhare unto his Lord, that is the Lord of the Soil, or the Head of that Sept, and alfo unto himself for his Judgment a greater Portion, than unto the Plaintiffs or Parties aggrieved.

Eudor. This is a moft wicked Law indeed; but I truft it is not now ufed in Ireland, fince the Kings of England have had the abfolute Dominion thereof, and establish their own Laws there.

Iren. Yes truly, for there be many wide Countries in Ireland, which the Laws of England were never established in, nor any acknowledgment of Subjection made; and allo even in those which are fubdued, and feem to acknowledge Subjection, yet the fame Brebon Law is practifed among themfelves, by reafon, that dwelling as they do, whole Nations and Septs of the Irish together, without any Englishan among them, they may do what they lift, and com pound or altogether conceal amongst themselves their

Crimes, of which no notice can be had by them which would and might amend the fame, by the Rule of the Laws of England.

Eudox. What is this which you say? and is there any part of that Realm or any Nation therein, which have not yet been fubdued to the Crown of England? Did not the whole Realm univerfally accept and acknowledge our late Prince of famous Memory Henry VIII. for their only King and Liege Lord ?

Iren. Yes verily In a Parliament holden in the time of Sir Anthony Saint-Leger then Lord Deputy, all the Irish Lords and Principal Men came in, and being by fair means wrought thereunto, acknowledged King Henry for their Sovereign Lord, referving yet (as fome fay) unto themfelves all their own former Privileges and Seigniories inviolate.

Eudox. Then by that acceptance of his Sovereignty they alfo accepted of his Laws. Why then fhould any other Laws be now used amongst them?

Iren. True it is that thereby they bound themselves to his Laws and Obedience, and in cafe it had been followed upon them, as it fhould have been, and a Government thereupon fetled among them agreeable thereunto, they fhould have been reduced to perpetual Civility, and contained in continual Duty. But what boots it to break a Colt, and to let him ftraight run loose at random? So were these People at first well handled, and wifely brought to acknowledge Allegiance to the Kings of England: but being ftraight left unto themselves and their own inordinate Life and Manners, they eftfoons forgot what before they were taught, and fo foon as they were out of fight, by themfelves fhook off their Bridles, and began to colt anew, more licentiously than before.

Eudox. It is a great pity, that fo good an Opportunity was omitted, and fo happy an Occafion fore-flacked, that might have been the eternal Good of the Land. But do they not ftill acknowledge that Submiffion?

Iren. No, they do not: for now the Heirs and Pofterity of them which yielded the fame, are (as they fay) either ignorant thereof, or do wilfully deny, or fied faftly difavow it.

Eudox. How can they fo do justly? Doth not the Act of the Parent, in any lawful Grant or Conveyance, bind their Heirs for ever thereunto ? Sith then the Ancestors of thofe that now live, yielded themselves then Subjects and Liegemen, fhall it not tye their Children to the fame Subjection?

Iren. They fay no: for their Ancestors had no Estate in any their Lands, Seigniories, or Hereditaments, longer than during their own Lives, as they alledge: for all the Irish do hold their Land by Taniftry; which is (fay they) no more but a perfonal Estate for his Life-time, that is Tanift, by reason that he is admitted thereunto by Election of the Country.

Eudox. What is this which you call Tanift and Taniftry? They be Names and Terms never heard of nor known

to us.

Iren. It is a Cuftom amongst all the Irish, that prefently after the Death of any of their chief Lords or Captains, they do prefently affemble themselves to a place generally appointed and known unto them to choose another in his ftead, where they do nominate and elect for the most part, not the eldest Son, nor any of the Children of the Lord deceased, but the next to him of Blood, that is the eldeft and worthieft; as commonly the next Brother unto him, if he have any, or the next Coufin, or fo forth, as any is elder in that Kindred or Sept: and then next to him do they choose the next of the Blood to be Tanift, who fhall next fucceed him in the faid Captainry, if he live thereunto.

Eudox. Do they not use any Ceremony in this Election? for all barbarous Nations are commonly great Obfervers of Ceremonies and Superftitious Rites.

Iren. They use to place him that shall be their Captain, upon a Stone always referved for that purpose, and placed commonly upon a Hill: In fome of which I have feen formed and ingraven a Foot, which they fay was the measure of their first Captain's Foot, whereon he ftanding, received an Oath to preferve all the antient former Customs of the Coun trey inviolable, and to deliver up the Succeffion peaceab to his Tanift; and then hath a Wand delivered unt VOL. VI.

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by fome whofe proper Office that is: after which, defcending from the Stone, he turneth himself round, thrice forward, and thrice backward.

Eudox. But how is the Tanift chofen ?

Iren. They fay he fetteth but one Foot upon the Stone, and receiveth the like Oath that the Captain did.

Eudox. Have you ever heard what was the occafion and first beginning of this Cuftom? for it is good to know the fame, and may perhaps difcover fome fecret meaning and intent therein, very material to the State of that Government.

Iren. I have heard that the beginning and cause of this Ordinance amongst the Irish, was fpecially for the defence and maintenance of their Lands in their Pofterity, and for excluding all Innovation or Alienation thereof unto Strangers, and fpecially to the English. For when their Captain dieth, if the Signiorie fhould defcend to his Child, and he perhaps an Infant, another peradventure would step in between, or thruft him out by ftrong hand, being then unable to defend his Right, or to withstand the Force of a Foreigner; and therefore they do appoint the eldest of the Kin to have the Signiorie, for that he commonly is a Man of ftronger Years and better Experience to maintain the Inheritance, and to defend the Country, either against the next bordering Lords which ufe commonly to encroach one upon another, as one is ftronger; or against the English, which they think lie ftill in wait to wipe them out of their Lands and Territories. And to this end, the Tanift is always ready known, if it should happen the Captain fuddenly to die, or to be flain in Battle, or to be out of the Country, to defend and keep it from all fuch Doubts and Dangers. For which cause the Tanift hath alfo a fhare of the Country allotted unto him, and certain cuttings and spendings upon all the Inhabitants under the Lord.

Eudox. When I heard this word Tanift, it bringeth to my remembrance what I have read of Tania, that it should fignify a Province or Signiorie, as Aquitania, Lufitania, and Britania, the which fome think to be derived of Dania, that is, from the Danes; but, think, amifs. But fure it meth, that it came anciently from thofe barbarous Na

tions that over-ran the World, which poffeffed thofe Dominions, whereof they are now fo called. And fo it may well be, that from thence the firft Original of this word Tanift and Taniftry came, and the Custom thereof hath fithence, as many others elfe, been continued.

But to that general fubject of the Land, whereof we formerly spake, mefeems that this Cuftom or Tenure can be no Bar nor Impeachment, feeing that in open Parliament by their faid Acknowledgement they waved the Benefit thereof, and fubmitted themselves to the Benefit of their new Soveraign.

Iren. Yea, but they fay, as I earst told you, that they referved their Titles, Tenures and Seignories whole and found to themselves; and for proof alledge, that they have ever fithence remained to them untouched, fo as now to alter them, fhould (fay they) be a great wrong.

Eudox. What Remedy is there then, or means to avoid this Inconveniency? for without firft cutting off this danigerous Cuftom, it feemeth hard to plant any found Ordi nance, or reduce them to a Civil Government, fince all their ill Customs are permitted unto them.

Iren. Surely nothing hard: for by this Act of Parliament whereof we speak, nothing was given to King Henry which he had not before from his Ancestors, but only the bare Name of a King; for all other abfolute Power of Principality he had in himself before derived from many former Kings, his famous Progenitours and worthy Conquerours of that Land. The which fithence they first conquered and by force fubdued unto them, what needed afterwards to enter into any fuch idle Terms with them to be called their King, when it is in the power of the Conquerour to take upon himself what Title he will, over his Dominions conquered ? For all is the Conquerour's, as Tully to Brutus faith. Therefore (mefeems) inftead of fo great and meritorious a Service as they boaft they performed to the King, in bringing all the Irish to acknowledge him for their Liege, they did great hurt unto his Title, and have left a perpetual Gall in the Mind of the People; who befe being abfolutely bound to his Obedience, are now with Terms: whereas elfe both their Lives, their La

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