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LIST OF AUTHORITIES QUOTED IN THE ENSUING WORK.

RELIQUIÆ Sacræ Carolina, or the Works of King Charles I.

Scrinia Sacra, or Mysteries of State and Government.

Morrisson's History of Ireland.

Pacata Hibernia.

State Letters of the Earl of Stafford.

State Letters of the Earl of Orrery.

State Letters of Lord Arlington, by Brown.
Borlace's History of the Irish Rebellion.
Temple's History of the Irish Rebellion.
Sir John Davis's Historical Relations.
Journals of the Irish House of Commons.
Supplement to these Journals.

Walsh's History of the Irish Remonstrance.
Carte's Life of the Duke of Ormond.

Carte's Collection of Original Letters.

Earl of Castlehaven's Memoirs.

Earl of Anglesey's Letter to the Earl of Castlehaven.

Doctor Leland's History of Ireland.

Warner's History of the Irish Rebellion.

Archbishop King's State of the Protestants of Ireland under King James

Mr. Lesley's Answer to Archbishop King.

The Earl of Clarendon's Life and Memoirs, by himself.

Henry Earl of Clarendon's State Letters.

Lord Essex's State Letters.

Mr. Belling's Manuscript History of the Wars of Ireland.

Sir John Dalrymple's Memoirs.

Spencer's State of Ireland.

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REVIEW

OF THE

CIVIL WARS IN IRELAND.

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CHAP. I.

Of the state of the Irish from the time of the Invasion of HENRY II,

IN order to form a right judgment of the principles, and con

duct of the natives of Ireland, since the reformation (from which period only, I purpose to consider their civil dissentions), it is necessary to look back to the times preceding that event, and to take a cursory view of the manner in which the first British adventurers,* and their successors, for several several ages, treated these, as they affected to call them, conquered

All Ireland was by Henry II. cantonized among ten of the English nation, (viz. the Earl Strongbow, Robert Fitzstephen, Miles de Cogan, Philip Bruce, Sir Hugh de Lacy, Sir John Courcey, William Burke FitzAndelm, Sir Thomas de Clare, Otho de Grandison, and Robert le Poer,) and though they had not gained the possession of one-third part of the whole kingdom, yet, in title they were owners, and lords of all, so as nothing was left to be granted to the natives. And, therefore, we do not find in any record, or history, for the space of three hundred years after these adventurers first arrived in Ireland, that any Irish ford obtained a grant of his country, from the crown, but only the king of Thomond; who had a grant but only during king Henry III.'s minority; and Roderick O'Connor, king of Connaught, to whom king Henry II. before this, distribution was made, did grant that he should be king under him; and keep his kingdom of Connaught in the same good and peaceable state in which he kept it be fore his invasion of Ireland.-Sir John Davis's Historical Relations, p. 60.

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people. Now it is evident from all our records, that after these adventurers got footing in that kingdom, the British colonies only, and some few septs of the Irish, that were enfranchised by special charter, were admitted to the benefit and protection of the laws of England; and that the Irish, as such, were generally reputed aliens, or rather enemies; insomuch, that it was adjudged no felony to kill a mere Irishmanf in time of peace.

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It is also evident, that the Irish on their part, ❝ did, at se

veral times, desire to be admitted to the benefit of the law; as in their petitions to Richard II. and lord Thomas, of Lancaster, before the war of the two houses; and afterwards, to lord Leonard Gray, and Sir Arthur St. Leger, when Henry VIII. began to reform that kingdom. And it was certainly a great defect in the civil policy of Ireland, that for the space of three hundred and fifty years at least after the conquest was first attempted, the English laws were not communicated to its people, nor the benefit or protection thereof allowed them; for as long as

Sir John Davis's Historical Relations, Dub, ed. p. 45.

2 Id. ib. p. 16.

* These were the O'Nials of Ulster, OʻMalachlins of Meath, the O'Connors, of Connaught, the O'Briens, of Thomond, and the Mac Mouroghs, of Leinster.-Id. ib.

+ So ridiculously, as well as tyrannously, was this distinction kept up, "that no man was to be taken for an Englishman, who had not his upper lip shaven" (which, it seems, the Irish had not.) “And if any man should be found among the English, contrary thereunto, it was lawful to seize him, and his goods, as an Irish enemy.-Ib. p. 92.

"Those, that were adventurers," says Sir John Temple, " in the first conquests (of Ireland), and such other of the English nation as came over afterwards, took possession, by virtue of former grants, of the whole kingdom, drove the Irish, in a manner, out of all the habitable parts of it, and settled themselves in all the plains and fertile places of the country, especially in the chief towns, ports, and sea-coasts. It was no capital offence to kill any of the rest of the (non-enfranchised) Irish; the law did neither protect their life, nor revenge their death."-Hist. of the Irish Redel. p. 6, 7.

But although an Englishman did not incur any capital punishment for killing a mere Irishman, he was punished, it seems, according to the old Brehon law, by an erick, or fine; thus it appears, that one William, the son of Roger, among others, was at a gaol delivery at Waterford, by John Wogan, lord justice of Ireland, fined five marks, for killing one O'Driscal, an Irishman.-See Sir John Davis's Hist. Relat. p. 49.

"But if, on the other hand, the jury had found that the party had been of English race and nation, it had been adjudged felony.-Id. ib.

they were out of the protection of the laws, so as every English. man might oppress, spoil and kill them without control, how was it possible they should be other than outlaws, and enemies. to the crown of England? If the king would not admit them to the condition of subjects, how could they learn to acknowledge. and obey him as their sovereign? When they might not converse, or commerce with civilized men, nor enter into any town or city without peril of their lives, whither should they fly, but into woods and mountains, and there live in a wild, and barbarous manner? In a word, if the English would neither in peace govern them by the law, nor in war root them out by the sword, must they not needs be pricks in their eyes, and thorns in their sides, to the world's end?"

On the other hand, that these people merited far different treatment from the crown of England, is manifest from hence, that when they were at last admitted to the condition of subjects* under James I. they gave many signal proofs of their dutifulness, and obedience; and, as the same knowing, and impartial witness, whom I have hitherto quoted, then vouched for them,^ "would gladly continue in that condition, as long as they might be protected, and justly governed, without oppression on the one hand, or impunity on the other; there being, in his opinion, no nation under the sun that did love equal, and indifferent justice,+ better than the Irish, or that would rest better satisfied

3 Id. ib. p. 52.

4 Sir John Davis's Hist. Rel. Dub. ed. p. 123.

"It was not till the 12th of James I. ann. 1614, that the Irish were con sidered as subjects; for then an act was made in the Irish parliament, declaring, that the natives of Irish blood were in several statutes and records called Irish enemies, and accordingly abridged of the benefit of the laws, but that being then taken into his majesty's gracious protection under one law, as dutiful subjects—those laws of distinction and difference were wholly abrogated."-Borlase Reduct. of Irel. p. 188.

"By divers heavy penal laws, the English were forbidden to marry, to foster, to make gossips with the Irish, or to have any trade or commerce in their markets or fairs. Nay, there was a law made no longer since than the 2d of Henry VIII. that the English should not marry with any person of Irish blood, though he had gotten a charter of denization, unless he had done both homage and fealty to the king in the chancery, and were also bound by recognizances, with sureties, to continue a loyal subject.”—Six John Davis, ib. p. 50.

"I dare affirm," says Sir John Davis, (attorney general in Ireland, in the reign of James I,)" that for the space of five years last past, there have

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