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genitors, ever rightfully enjoyed all authority royal by the name of Lords of Ireland, but for lack of the title of king were not duly obeyed, his highness, and his heirs for ever, should have the style and honour of King of Ireland, and that it should be deemed high treason to impeach that title, or to oppose the royal authority. Some salutary statutes regulating the process of law were enacted in this session of parliament; and an excellent law was passed relative to elections of members to serve in parliament, by which it was enacted, that those who were in future to have a right of voting were to be possessed in freehold of forty shillings a year; and that such as were elected for counties, cities and towns, should be resident in' the places, for which they were elected. This was a most wise ordinance in order to keep alive the true spirit and duty of the elected; as strangers and non-residents never can so well know, much less attend to the interests of their electors, as those who live amongst them. In this parliament an act was also passed for the suppression of Kilmainham and other religious houses, and in furtherance of the Reformation upon the free surrenders and grants of the superiors. The county of Meath was divided into two shires, for a reason, which proves what a little way from the capital the jurisdiction of parliament, and the English law, and the authority of the crown then actually extended.† Meath was divided into two counties, viz. East and West Meath. One act however was passed in this parliament which, most injudiciously, tended to create fresh jealousies, and alienate the affections of the Irish. It was enacted, that on the death, resignation, or recal of a deputy, the chancellor should issue writs to the privy counsellors to assemble and chuse for governor, during the king's pleasure, a layman of English birth, and if none such cuold be procured, two laymen of English blood and surname to

This act was announced with great joy and exultation, and was followed up with a royal proclamation, to be seen in the Appendix, No. IV.

Henry, in order to carry the objects of this parliament, had made his terms with several from whom he expected opposition: immediately before the first session, he created John Rawson, late prior of Kilmainham, viscount Clantarfe; Edward Butler, baron of Dunboyne; Bernard Fitzpatrick, baron of Upper Ossory; Sir Oliver Plunket, baron of Louth; William Birmingham., baron of Carbry; and Thomas Eustace, viscount of Baltinglass. Thus peerages and promotions were dealt out with a prodigal hand, and in order to raise an emulation in all who had the power of thwarting his measures, the king caused it to be proclaimed in parliament, that it was his royal intention to confer more: thus pointing out unlimited devotion to his wishes as the sure and only road to preferment.

† For as much as the shire of Meth is great and large in circuit, and the west part thereof laid about and beset with divers of the king's rebels, and that in several partes thereof the king's writs, for lacke of ministration of justice, have not of late been obeyed, ne his grace's lawes put in due exercise: and that the said sheriffe of the said shire (being one of the Pale) is not able to execute the king's process and precepts, &c. Preamble of the Act.

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be lords justices, to whom the lord chancellor should administer the oath and give patents. This distinction in favour of the English to the exclusion of the Irish, foreboded ill to the inteTo the Irish at least it must rests and prosperity of Ireland. have appeared evident, that men born and having property in that country, who had a natural interest in, and therefore a necessary knowledge of the people, laws, and constitution, and who commanded every opportunity of observing circumstances that affected them, were the persons the most natural, most proper, and best qualified to preside in the government.

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Notwithstanding these acts of the Irish parliament went generally to affect the whole kingdom, yet so sensible were the legislators themselves of the difference between such nominal acts and efficient laws, that this very parliament settled some ordinances of state for the regulation of such parts of the kingdom as were without the pale. These were not entirely consonant with the English laws, but such as might tend to the gradual reformation of those, who (as the preamble of these ordinances so perfectly acquainted with the laws, expresses it) were not "that they could at once live and be governed by them." They were published by way of proclamation, on the 12th of July, 1542.* And although no attempts were as yet made to introduce any new system of jurisprudence into other quarters of the island, yet a number of commissioners were appointed for each province, who were to exercise the office of the ancient Brehons, to hear and decide occasional controversies, or refer them to the deputy or council, where the cause was perplexed or the parties obstinate.†

Ere we conclude the reign of Henry, changes were attempted in Ireland, we civil state of the nation at the close of his spective given of it by Sir John Davis:

under which such vast cannot better view the days, than in the per"For all this while,

They were called temporary constitutions made by the lord deputy and council in magno parliamento pro reformatione habitantium hujus regni in partibus Momoniæ qui nondum sic sapiunt leges et jura, ut secundum ea jam immediate vivere aut regi possunt. Any public act of parliament to this effect would have been inconsistent with the statutes published in the 33d of Henry VIII. therefore this half-measured compromise came out as an act of the deputy and 'council, and was notified to the subject by way of proclamation. For the ordinances, vide App. No. V.

† Sir John Davies gives us the names of these commissioners, whom he calls Orderers or Arbitrators, who, instead of these Irish Brehons, should heare and determine all their controversies. In Conaught....the Archbishop of Tuam, the Bishop of Clonfert, Captain Wakeley, and Captain Ovington. In Munster....the Bishop of Waterford, the Bishop of Cork and Ross, the Mayor of Cork, and the Mayor of Youghall. In Ulster....the Archbishop of Ardmagh, and the Lord of Lowth. Disc. p. 243....4.

Disc. p. 247. I am ever happy to recur to his authority: of which the most learned Irish antiquarian of latter days (Thomas O'Connor) said, that the Discovery of Sir John Davis is incomparably the most valuable work on

"the provinces of Conaght and Ulster, and a good parte of "Leinster, were not reduced to shire ground. And though "Mounster were anciently divided into counties, the people were so degenerate, as no justice of assize durst execute his "commission amongst them. None of the Irish lords or

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tenants were settled in their possessions by anie graunte or "confirmation of the crowne, except the three great earls be"fore named; who, notwithstanding, did govern their tenants "and followers by the Irish or Brehon law, so as no treason, "murther, rape, or theft, committed in those countries, was "enquired of or punished by the law of England." And he also remarks: "That the abbies and religious houses in Tyrone, "Tirconnel, and Fermanagh, though they were dissolved in "the 33d year of Henry VIII. were never surveyed nor re"duced into charge, but were continually possessed by the reli"gious persons until the reign of James I."

In this state of things, O'Neal, O'Donnel, O'Dogherty, and some other Irish chieftains, either repenting of their too hasty submission, or weary of their dependance upon the English, proposed terms to the French king to become his subjects, on condition of his sending over a sufficient force to enable them to shake off the English yoke. Francis the First sent over the Bishop of Valence to reconnoitre and report to him the situation of the country, and the probability of expelling the English. This prelate found the chieftain of Tyrconnel and some other of the Irish dynasts to whom he applied, either so staunch to their engagements with Henry, or so averse from submitting to a foreign yoke, that the French monarch declined engaging in the affair. On the other hand the Irish shewed themselves ever ready to fight the battles of England; and Henry was attended to the siege of Bologne by a considerable body of Irish infantry, who distinguished themselves by their activity and prowess. The enemy was astonished at the agility with which they made incursions for several leagues into their country, and the ferocity with which they attacked, seized, or destroyed all they met. Henry, by his wars on the continent and other expences, having exhausted his treasury, adopted a measure

the subject. It is contracted within a small compass, but indeed superior to all the rest united, for obtaining a just idea of the civil evils, which by a necessary recoil bring on a remedy, and force the worst state of things into a better. Pref. to the Ogygia vindicated.

It is recorded of this Irish brigade, that when they ranged the French country, which is open and uninclosed, they carried with them a bull, which they tied to a stake, and then surrounded it with fire: the bellowing of the animal, as the fire scorched him, brought all the cattle within hearing to the spot, where they were made a prey of. As they gave no quarter to the enemy, the French gelded and otherwise tormented such of them as fell into their

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which rendered him unpopular even with his own subjects of the pale; for as yet those without it could not be so called. He ordered base money to be coined in Ireland, and stamping it with a nominal value, he made it current, to the great injury of the people, especially of the soldiers.

The short reign of our infant Edward was considered, by Sir John Davis, to have been of such slight importance to the elucidation of this part of the Irish history, that in his Discovery of the true Causes why Ireland was never entirely subdued, nor brought under Obedience to the Crown of England until the beginning of the Reign of James I. he wholly omits any mention of it. There is, however, one feature to be traced in it, that strongly marks the pernicious and fatal consequences of thwarting the dispositions, exciting the disaffections, and encroaching upon the native rights of the Irish people. This illfated principle of anti-union was not only productive of oppression and calamity to Ireland, but of loss, detriment, and disgrace to England itself. Feriunt sua tela nocentem.

Immediately upon the demise of Henry, O'Moore, O'Byrne, O'Connor and some other chieftains shewed themselves in arms, hoping to take advantage of the weakness of the English government during the infancy of the monarch. But they were subdued by Sir Anthony Bellingham, who had been seasonably sent over with a reinforcement of 400 foot and 600 horse. Some time after the Earl of Desmond proving refractory and turbulent, was surprised in his house by the deputy and carried prisoner to Dublin. Sir Anthony Bellingham, instead of punishing him, so worked upon him by reason and mildness, that Desmond made sincere atonement for his crime, and was released upon giving sureties for his future good conduct: he continued a peaceable and loyal subject to his death.* The administration of Bellingham, though honourable to himself and serviceable to the crown, was soon put an end to through jealousies and intrigues: he was accused of not effectually supporting the English interest, and of other malpractices: he was recalled to take his trial in England, but died before it came on, having first indignantly rejected terms of compromise from his accusers.†

In Ireland, says Leland,‡ the Reformation was tendered to a prejudiced and reluctant people. The avowed enemies of English government, and the factious opposers of English ad

* Desmond after his release daily prayed for the deputy by the name of the good Bellingham.

Ormond his prime accuser was soon after poisoned with sixteen of his retinue at a feast at Ely House in Holborn: but whether by accident or treachery was never discovered.

† 2 Lel. 192.

ministration naturally regarded every new regulation in the affairs of religion, as arbitrary, oppressive, and injurious, and seized the occasion of inveighing against snch offensive exertions of authority. The more peaceable, who had never been accustomed to a serious discussion of the great points in controversy, rested indolently upon the antiquity (as it is called) of the former establishments, and in this relaxed state of mind, were stricken with great terror at the denunciations of divine vengeance, thundered out by the friends of Rome against heresy and innovation. The vindictive character of Henry VIII. and the rigour of his government, had driven many of the pale as well as of the Irish race, to formal professions and condescensions, which the very ease and readiness, with which they were made, shew to have been made without due attention and serious conviction. The authority of a minor king was less esteemed or dreaded, at the same time, that the requisitions now to be made were more extensive and did greater violences to the popular prejudices. The protector Somerset having successfully proceeded with the work of the reformation in England, was resolved, that the Liturgy of the Church of England should, as well as other new ordinances concerning religion, be introduced into Ireland. Orders were accordingly sent over to convene a parliament for this purpose: but, whether from the apprehension of a violent opposition to the measure, or from what other cause, the design of convening an Irish parliament was laid aside, and the royal proclamation was transmitted, addressed to the clergy and enjoining the acceptance of the new Liturgy. This innovation in religion was unexpectedly and most violently opposed by Dowdall of Armagh, the new primate, who had been promoted to that dignity by the king. Besides Archbishop Browne four only of the Irish bishops* submitted to the proclamation: and these five were not supported by their own clergy. The new Liturgy was performed for the first time on Easter Sunday, A. D. 1551, in the cathedral of Christ Church Dublin, in the presence of the deputy, magistrates, and the few of the Dublin clergy that had then conformed. Soon after this a most injudicious measure was adopted, that could but tend to ulcerate the public mind already tenderly sore upon the subject of religion. A public conference, or rather a theological disputation, was holden in St. Mary's abbey, between Dowdall, on behalf of the catholic, and Staples of Meath, on behalf of the reformed religion. This spiritual tournament produced it's natural and usual effect: each champion claimed the victory, each party retired with encreased acrimony against

Viz. Staples of Meath, Lancaster of Kildare, Travers of Leighlin, and Coyn of Limerick.

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