with feare of law, which reftraineth offences, and inflicteth fharpe punishment to misdoers, no man fhould enjoy any thing; every mans hand would be against another. Therefore, in finding fault with the lawes, I doubt me, you shall much over-shoote your felfe, and make me the more diflike diflikes of that government.

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Iren. The lawes Eudox. I doe not blame for themselves, knowing right well that all lawes are ordained for the good of the common-weale, and for repreffing of licentioufnefs and vice; but it falleth out in lawes, no otherwife then it doth in phyfick, which was at first devised, and is yet daylie ment, and miniftred for the health of the patient. But nevertheleffe we often fee, that either thorough ignorance of the disease, or thorough unfeasonableneffe of the time, or other accidents comming betweene, in ftead of good, it worketh hurt, and, out of one evill, throweth the patient into many miferies. So the lawes were at firft intended for the reformation of abufes, and peaceable continuance of the fubiect; but are fithence either difanulled, or quite prevaricated thorough change and alteration of times, yet are they good still in themfelves; but, in that commonwealth which is ruled by them, they worke not that good which they should, and fometimes alfo that evill which they would not.

Eudor. Whether doe you mean this by the common-lawes of that realme, or by the Statute Lawes, and Acts of Parliaments?

Iren. Surely by them both; for even the common law being that which William of Normandy brought in with his conqueft, and laid upon the neck of England, though perhaps it fitted well with the ftate of England then being, and was readily obeyed thorough the power of the commander, which had before fubdued the people unto him, and made

eafie way to the fetling of his will, yet with the ftate of Ireland peradventure it doth not fo well agree, being a people very stubborne, and untamed, or if it were ever tamed, yet now lately having quite fhooken off their yoake, and broken the bonds of their obedience. For England (before the entrance of the Conqueror) was a peaceable kingdome, and but lately inured to the milde and goodly government of Edward, furnamed the Confeffor; befides now lately growne into a loathing and deteftation of the unjust and tyrannous rule of Harold an ufurper, which made them the more willing to accept of any reasonable conditions and order of the new victor, thinking furely that it could be no worse then the latter, and hoping well it would be as good as the former; yet what the proofe of first bringing in and establishing of those lawes was, was to many full bitterly made knowne. But with Ireland it is farre otherwife; for it is a nation ever acquainted with warres, though but amongft themfelves, and in their owne kinde of military difcipline, trayned up ever from their youthes, which they have never yet beene taught to lay afide, nor made to learne obedience unto lawes, fcarcely to know the name of law, but in ftead thereof have alwayes preferved and kept their owne law, which is the Brehon law.

Eudor. What is that which you call the Brehon law? it is a word unto us altogether unknowne.

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 betweene party and party, but in many things repugning quite both to Gods law, and mans: As for example in the cafe of Murder, the Brehon, that is their judge, will compound betweene 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 vilde law of theirs, many murders amongst them are made up, and fmothered. And this judge being as hee is called the Lords Brehon, adjudgeth for the moft part, a better fhare unto his Lord, that is the Lord of the foyle, or the head of that fept, and alfo unto himfelfe for his judgement a greater portion, then unto the plaintiffes or parties greived.

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Eudor. This is a moft wicked law indeed: but I truft it is not now used in Ireland, fince the kings of England have had the abfolute dominion thereof, and established their owne lawes there.

Iren. Yes truly; for there be many wide countries in Ireland, which the lawes of England were never established in, nor any acknowledgment of fubjection made, and alfo even in thofe which are fubdued, and feeme to acknowledge fubjection; yet the fame Brehon law is practifed among themfelves, by reason, that, dwelling as they doe, whole nations and fepts of the Irish together, without any Englishman amongft them, they may doe what they lift, and compound or altogether conceale amongst themselves their owne crimes, of which no notice can be had, by them which would and might amend the fame, by the rule of the lawes of England.

Eudor. What is this which you fay? And is there any part of that realme, or any nation therein, which have not yet beene fubdued to the crowne of England? Did not the whole realme univerfally

the head of that fept,] Sept is family. So, in Moryfon's Itinerary, fol, 1617. Part fecond, p. 1. "The Oneale, a fatall name to the chiefe of the SEPT or family of the Oneales, &c." See alfo Percy's Reliques of Anc. Poetry, 4th edit. vol. i. p. 119. And the Hift. of the Gwedir Family, note in p. 66. TODD.

accept and acknowledge our late Prince of famous memory Henry the viiith for their onely 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 principall men came in, and being by faire meanes wrought thereunto, acknowledged King Henry for their Soveraigne Lord, referving yet (as fome fay) unto themselves all their owne former priviledges and feignories inviolate.

Eudor. Then by that acceptance of his foveraignty they also accepted of his lawes. Why then fhould any other lawes be now used amongst them?

Iren. True it is that thereby they bound themfelves to his lawes and obedience, and in cafe it had beene followed upon them, as it should have beene, and a government thereupon fetled among them agreeable thereunto, they fhould have beene reduced to perpetuall civilitie, and contained in continuall duty. But what bootes it to break a colte, and to let him ftraight runne loofe at randome. So were thefe people at firft well handled, and wifely brought to acknowledge allegiance to the Kings of England: but, being ftraight left unto themselves and their owne inordinate life and manners, they eftfoones forgot what before they were taught, and fo foone as they were out of fight, by themselves fhook off their bridles, and beganne to colte anew, more licentiously then before.

Eudor. It is a great pittie, that fo good an opportunity was omitted, and fo happie an occafion fore-flacked, that might have beene the eternall good of the land. But doe they not ftill acknowledge that fubmiffion?

b fo happy an occafion fore-flacked,] Delayed. See F. Q. v. xii. 3. TODD.

Iren. No, they doe not: for now the heires and pofterity of them which yeelded the fame, are (as they fay) either ignorant thereof, or do wilfully deny, or stedfaftly difavow it.

Eudor. How can they fo doe justly? Doth not the act of the parent in any lawfull graunt or conveyance, bind their heires for ever thereunto? Sith then the auncettors of thofe that now live, yeelded themfelves then fubjects and liegemen, fhall it not tye their children to the fame fubjection?

Iren. They fay no: for their aunceftours had no eftate in any their lands, feigniories, or hereditaments, longer then during their own lifes, as they alledge, for all the Irish doe hold their land by Taniftrie; which is (fay they) no more but a perfonalleftate for his life time, that is, Tanift, by reafon that he is admitted thereunto by election of the countrey.

Eudor. What is this which you call Tanift and Taniftry? They be names and termes never heard of nor knowne to us.

Iren. It is a cuftome amongst all the Irish, that prefently after the death of any of their chiefe Lords or Captaincs, they doe prefently affemble themselves to a place generally appointed and knowne unto them to choose another in his steed, where they doe nominate and elect for the most part, not the eldest fonne, nor any of the children of the Lord deccafed, 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 kinred or fept, and then next to him doe they choose the next of the blood to be Tanift, who fhall next fucceed him in the faid Captainry, if he live thereunto.

Eudor. Doe they not ufe any ceremony in this election? for all barbarous nations are commonly