Munster. Emboldened by his alliance with the duke of Gloucester's son, Thomas de Clare, married to his daughter, and encouraged to wrest lands from the O'Briens, by the promise of a reinforcement from England, under the command of his son-in-law, in conjunction with Theobald Butler, he made war on that princely family. De Clare soon arrived from England, with a royal grant of the best of their patrimony, and a considerable train of followers, to support his claim. In vain the chieftain exclaimed against the injustice of such lawless grants, made by a man, who had no juster title to Thomond than he had to to the empire of China. In vain he appealed to the treaties, by which the kings of England guaranteed to his family their principality, laws, rights, and privileges, as held by him before the adventurers arrived. The grantee would hearken to no reasoning on the merits of his claim, but referred to the motto of the O'Briens, "Laiv laidir an uatar, The strong hand uppermost." The latter accepted the challenge; but a seasonable assassination of their chieftain lost them a battle. The warlike sons of O'Brien resolved to avenge the insult offered to their tribe, and the death of their father, carried on the war with energy and success. The Geraldines were totally overthrown; and the remnant, with the grantee and his father-in-law, were driven into an inaccessible mountain, where, blocked up, and reduced to famine, they were obliged to capitulate, and acknowledge the O'Briens kings of Thomond. "Hostages were

given for the eric, or satisfaction, demanded for the death of their late chieftain, according to Irish custom; and the castle of Roscommon, lately built, and strongly fortified, was surrendered to the victorious enemy. ""* Oh the blind partiality of these Pale writers! In the same page he 66 says, as the Irish alledge," but quotes no authority, that O'Brien fell by the treachery of his own people. Undoubtedly, ruffians could be found in Ireland, as well as in other countries, capable of any enormity for a bribe; but it was not the instrument, but the principals and employers, that the Thomonians pursued for eric. It was in the temper of indigent libertines, described as such by their own country writers, come to prey on an opulent divided people, to scruple no means of wresting their property. These instances are sufficient to give an idea of the state of the island in general; the Irish natives being there most wretched, where the power of the settlers was strongest.

The incessant sufferings of the Milesians, in several parts of Leinster; the insecurity of their lives and properties, harrassed and hunted from every quarter, without protection from law or government, determined them to petition king Edward, to be admitted as his subjects, and be protected by his law. This petition, " wrung from a people tortured by the painful feelings of oppression,"t proves only their deplorable situation, not a decided preference to the Eng

* Leland, Vol. I. B. II. ch. ii. p. 241, + Ibid, p. 243.

lish law over their own ancient laws and constitution, under which the monarchy long flourished. The motives of this application are thus stated by Sir John Davies, attorney-general to James I. "As longe as they [the Irish] were out of the protection of the lawe, so as evrie Englishman might oppresse, spoile, and kille them without controulment, howe was it possible they shoulde be other than outlawes and enemies to the crowne of England? If the king woulde not admit them to the condition of subjects, howe coulde they learne to acknowledge and obey him as their sovereigne? When they might not converse, or commerce with any civil man, nor enter into any towne or citty, without perrill of their lives, whither shoulde they flye but into the woodes and mountains, and there live in a wilde and barbarous manner? If the English magistrates woulde not rule them by the lawe which doth punish murder, and treason, and theft, with death, but leave them to be ruled by their own lords and lawes, why shoulde not they embrace their own Brelion lawe, which punisheth no offence but with a fine or ericke? If the Irish be not permitted to purchase estates of freeholds or inheritance, which might descende to their children, according to the course of our common lawe, must they not continue their custom of tanistrie, which makes all their possessions uncertaine, and brings confusion, barbarisme, and incivility? In a worde, if the English woulde neither in peace governe them by the lawe, nor in war roote them out by the sworde, must they not needes be

prickes in their eyes, and thornes in their sides, till the world's ende?"* Through deputy Ufford they offered 8000 marks to the king, provided he would grant the free enjoyment of the English laws to the whole body of Irish inhabitants; the first instance, perhaps, recorded in history, of any people offering a bribe to a foreign king to receive them as his subjects. Here follows Edward's answer to this memorable petition:

66

Edward, by the grace of God, king of England, lord of Ireland, and duke of Aquitaine, to our trusty and well beloved Robert de Uffford, justiciary of Ireland, greeting.

"THE improvement of the state, and peace of our land of Ireland, signified to us by your letter, gives us exceeding joy and pleasure. We entirely commend your diligence in this matter, hoping, (by the divine assistance,) that the things there began so happily by you, shall, as far as in you lieth, be still further prosecuted with the greater vigour and success.

"And whereas the community of Ireland hath made a tender to us of 8000 marks, on condition that we grant to them the laws of England, to be used in the aforesaid land, we will you to know, that, inasmuch as the laws used by the Irish are hateful to God, and repugnant to all justice, and having held diligent conference, and full deliberation with our council on this mat

* Davies's Discovery.

ter, it seems sufficiently expedient to us and to our council, to grant to them the English laws; provided always that the general consent of our people, or at least of the prelates and nobles of that land, well affected to us, shall uniformly concur in this behalf.

"We therefore command you, that having entered into treaty with these Irish people, and examined diligently into the wills of our commons, prelates, and nobles, well affected to us in this behalf, and having agreed between you and them on the highest fine of money that you can obtain, to be paid to us on this account, you do, with the consent of all, at least of the greater and sounder part aforesaid, make such a composition with the said people, in the premises, as you shall judge in your diligence to be most expedient for our honour and interest. Provided however, that these people should hold in readiness a body of good and stout footmen, amounting to such a number as you shall agree upon with them for one turn only, to repair to us when we shall think fit to demand them."

In this answer, the king's cautious policy, whether he should at all admit the old natives to the rank of subjects is plain. Referring the petition to the decision of the settlers, whose object was to exterminate the old proprietors, and seize on their properties for themselves, was, in fact, to reject it. As well might catholic emancipation be referred to the vote of protestant ascendancy. In the improbable event, that the